07-15-14 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, July 15, 2014
10350 Torre Avenue, Council Chamber
CITY COUNCIL
5:05 PM
Special Meeting
STUDY SESSION - 5:05 PM
1.Subject: Study Session to provide an update on the Climate Action Plan (CAP)
process and review greenhouse gas reduction measures to be considered for
analysis in the City’s Initial Study/Negative Declaration. Proposed measures
focus on options to reduce community-wide emissions in the energy,
transportation, water, and solid waste sectors
Recommended Action: Review the Climate Action Plan (CAP) Measures
Alternatives and provide comments
Council Staff Report
A - PC July 8 Agenda Packet.pdf
CLOSED SESSION - 6:00 PM
10300 Torre Avenue, City Hall Conference Room A
2.Subject: Workers' Compensation Claim (Gov't Code Section 54956.95),
Claimant: Todd Hembree, Agency Claimed Against: City of Cupertino.
3.Subject: Conference with Real Property Negotiators (Gov't Code Section
54956.8); Property: City Hall, 10300 Torre Avenue, Cupertino, CA 95014;
Negotiating parties: Crown Castle and City of Cupertino; Under negotiation:
Price and terms.
PLEDGE OF ALLEGIANCE - 6:45 PM
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
4.Subject: Audit Committee Annual Report to Council
Recommended Action: Accept the Audit Committee's Annual Report
Page 1 CITY OF CUPERTINO
July 15, 2014City Council AGENDA
5.Subject: Update from Rotary Club of Cupertino immediate past President Savita
Vaidhyanathan
Recommended Action: Receive the update
6.Subject: Proclamation to the City of Cupertino Parks and Recreation Department
recognizing "Parks Make Life Better!" month
Recommended Action: Present the proclamation
POSTPONEMENTS
Item No. 14 Energy Services Contract for solar installation has been dropped
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any
matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State
law will prohibit the council from making any decisions with respect to a matter not listed
on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
7.Subject: Approve the July 1 City Council minutes
Recommended Action: Approve the minutes
A - Draft Minutes
8.Subject: Accept Accounts Payable for period ending June 6, 2014
Recommended Action: Adopt Resolution No. 14-175 accepting Accounts Payable
for period ending June 6, 2014
A - Draft Resolution
B - AP Report
9.Subject: Accept Accounts Payable for period ending June 13, 2014
Recommended Action: Adopt Resolution No. 14-176 accepting Accounts Payable
for period ending June 13, 2014
A - Draft Resolution
B - AP Report
Page 2 CITY OF CUPERTINO
July 15, 2014City Council AGENDA
10.Subject: Accept Accounts Payable for period ending June 20, 2014
Recommended Action: Adopt Resolution No. 14-177 accepting Accounts Payable
for period ending June 20, 2014
A - Draft Resolution
B - AP Report
11.Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program
for the period of August 1, 2014-July 30, 2015.
Recommended Action: Authorize the City Manager to execute a contract with Dan
Gertmenian for the Math Olympiad program for the one-year period of August 1,
2014-July 31, 2015.
Staff Report
A - Draft Contract
12.Subject: 2014 Reconstruction of Curbs, Gutters and Sidewalks -Project No.
2014-02, authority to award construction contract.
Recommended Action: Authorize the City Manager to award the construction
contract with a construction contingency of up to 10% if the bids are within the
established budget and there are no unresolved bid protests.
Staff Report
A - Draft Contract
B - Partial List Work Locations
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
Page 3 CITY OF CUPERTINO
July 15, 2014City Council AGENDA
13.Subject: Appeal of a Planning Commission approval of a proposed day care
center, Little Tree Montessori, at 20111 Stevens Creek Boulevard.
Description:
Application No(s).: U-2014-01, ASA-2014-05
Applicant(s): Janice Yeh (Little Tree Montessori)
Appellant(s): Julie Mercik (Arbor Professional Center II), Carl Tucci
Location: 20111 Stevens Creek Blvd #130 & #150
Appeal of the Planning Commission's approval of a Use Permit to allow the
conversion of approximately 7,500 square feet of office space at an existing
two-story office building into day care use and an Architectural and Site approval
to allow a play area, landscape enhancements and associated site improvements
for the new day care use
Recommended Action: Conduct the hearing and adopt draft Resolution Nos. 14-178
and 14-179 denying the appeal and upholding the Planning Commission’s June 9,
2014 approval of a Use Permit (U-2014-01) and Architectural and Site approval
(ASA-2014-05) (Attachments A & B)
Staff Report
A - Draft Resolution (U-2014-01)
B - Draft Resolution (ASA-2014-05)
C - Planning Commission Resolution No. 6749 (file no. U-2014-01)
D - Planning Commission Resolution No. 6750 (file no. ASA-2014-05)
E - Planning Commission staff report dated January June 8, 20143
F - Letters from Carl Tucci dated June 1, 2014 and June 8, 2014
G - Planning Commission draft meeting minutes from June 9, 2014
H - Appeal document from Carl Tucci
I - Appeal document from Julie Mercik
J - Planning Commission-approved plans
14.Subject: Consider awarding an Energy Services Contract and an
Operations/Maintenance Agreement for solar panels and equipment and further
consider findings that (1) the project’s anticipated energy costs savings and
revenue generated are greater than the project costs; and (2) that the project is in
the City’s best interests (Continued from July 1).
Recommended Action: Under Postponements this item has been dropped.
Page 4 CITY OF CUPERTINO
July 15, 2014City Council AGENDA
15.Subject: Main Street - Lazy Dog Restaurant and Bar and Late Night Hours.
Description:
Application No(s): ASA-2013-08, U-2014-05; Applicant(s): Jared Taylor (Main
Street Cupertino Aggregator, LLC); Location: 19359 Stevens Creek Blvd;
Architectural and Site approval for final refinements to Shop 2 and associated site
improvements at the Main Street Cupertino project; Use Permit to allow a
restaurant (Lazy Dog Cafe) to operate until 1am Monday through Saturday and to
12am on Sundays and to allow an interior bar facility
Recommended Action: Adopt draft Resolution Nos. 14-180 and 14-181 approving
the Architectural and Site Approval (ASA-2013-08) and Use Permit (U-2014-05)
(Attachments A and B, respectively).
Staff Report
A - Draft Resolution (ASA-2013-08)
B - Draft Resolution (U-2014-05)
C - CC Resolution No. 12-098 Main Street M-2012-03.pdf
D - Reso 14-122.pdf
E - Applicant's Project Description Letter - Lazy Dog.pdf
F - Lazy Dog Color and Material Board.pdf
G - Lazy Dog Comments 061714.pdf
H - Lazy Dog Plan Set.pdf
Page 5 CITY OF CUPERTINO
July 15, 2014City Council AGENDA
16.Subject: Main Street (Loft residences and retail)
Description:
Application No(s): ASA-2013-09
Applicant(s): Main Street Cupertino Aggregator, LLC (DNA Design &
Architecture)
Location: 19640 Vallco Parkway
Architectural and Site approval for final refinements to the previously approved
120 unit live/work rental housing complex with an attached 10,081 square foot
retail condominium unit
Recommended Action: Adopt draft Resolution No. 14-182 approving the
development application (ASA-2013-09)
Staff Report
A - Draft Resolution (ASA-2013-09)
B - CC Resolution No. 12-098 Main Street M-2012-03.pdf
C - Reso 14-122.pdf
D - Project Description Letter - Lofts.pdf
E - Lofts Material Board.pdf
F - Previously Approved Lofts Conceptual Design - 2012.pdf
G - CDR LOFTS REVIEW 070914.pdf
H - Planset.pdf
ORDINANCES AND ACTION ITEMS
17.Subject: Hearing to approve assessment of fees for annual weed abatement
program (private parcels)
Recommended Action: Conduct hearing and adopt Resolution No. 14-183
approving the assessment of fees for the annual weed abatement program (private
parcels)
Staff Report
A - Draft Resolution
B - Exhibit A Assessment Report
18.Subject: Set the dates for Housing Commission (Financial Representative)
application deadline and interviews
Recommended Action: Direct staff to set the following deadlines:
1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, August 8; and
2.) Conduct interviews at 5:05 p.m. on Tuesday, August 19
Staff Report
Page 6 CITY OF CUPERTINO
July 15, 2014City Council AGENDA
19.Subject: Consider amending Section 11.08.250 of the Cupertino Municipal Code
relating to Bicycle Lanes--Designated; Torre Avenue between Stevens Creek
Blvd and Rodrigues Avenue
Recommended Action: Conduct the first reading of Ordinance No. 14-2120, "An
Ordinance of the City Council of the City of Cupertino amending Section 11.08.250
of the Cupertino Municipal Code relating to Bicycle Lanes - Designated"
Staff Report
A - Draft Ordinance
B - Redline Version of Draft Ordinance
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
Members of the public are entitled to address the City Council concerning any item that is described in
the notice or agenda for this meeting, before or during consideration of that item. If you wish to
address the Council on any issue that is on this agenda, please complete a speaker request card located
in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called,
proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on
any other item not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3) minutes or less.
Page 7 CITY OF CUPERTINO
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0260 Name:
Status:Type:Study Session Agenda Ready
File created:In control:6/12/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Study Session to provide an update on the Climate Action Plan (CAP) process and review
greenhouse gas reduction measures to be considered for analysis in the City’s Initial Study/Negative
Declaration. Proposed measures focus on options to reduce community-wide emissions in the energy,
transportation, water, and solid waste sectors
Sponsors:
Indexes:
Code sections:
Attachments:Council Staff Report
A - PC July 8 Agenda Packet.pdf
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :StudySessiontoprovideanupdateontheClimateActionPlan(CAP)processand
reviewgreenhousegasreductionmeasurestobeconsideredforanalysisintheCity’sInitial
Study/NegativeDeclaration.Proposedmeasuresfocusonoptionstoreducecommunity-wide
emissions in the energy, transportation, water, and solid waste sectors
Review the Climate Action Plan (CAP) Measures Alternatives and provide comments
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
powered by Legistar™
SUSTAINABILITY DIVISION, OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15th, 2014
Subject
Study Session to provide direction on the preferred alternative for the Climate Action Plan (CAP) to
be considered for environmental review and analysis.
Recommended Action
Staff recommends that the City Council:
Review the Climate Action Plan (CAP) measure alternatives and provide direction on the
preferred alternative to analyze in the environmental review.
Background
On March 18th, the City Council authorized staff to prepare a Climate Action Plan (CAP), which
outlines a menu of actions to reduce municipal and communitywide greenhouse gas emissions
(GHG) arising from the energy, transportation, water and solid waste sectors.
Cupertino’s draft menu of actions was developed to achieve California’s AB32-driven 15% reduction
targets by first surveying state, national and international best practices to effectively mitigate
emissions at the local level, and next reviewing those actions to gauge their current implementation
status in our jurisdiction. This work was performed as part of a grant-funded regional initiative
coordinated by Santa Clara County to develop emissions reduction strategies and source
collaboration opportunities for the participating jurisdictions of Gilroy, Morgan Hill, Mountain View,
Saratoga, San José, and the unincorporated County. Additional background on this regional project is
provided in the Planning Commission Staff Report (Attachment A).
This staff report is focused on Planning Commission comments received at their study session on July
8, 2014. A detailed discussion of issues is provided in Attachment A (July 8, 2014 Planning
Commission staff report). Attachments A-1, A-2, A-3, A-5 and A-6 provide a detailed summary of
technical information and Attachment 4 provides a summary of public input, including general
Planning Commission CAP comments not referenced below.
Planning Commission Study Session
The Planning Commission reviewed three proposed alternatives for the CAP at a July 8th Study
Session.
The three alternative CAP programs were developed using the following three key considerations:
1. Achieve the minimum state-defined 15% reduction target,
2. Pursue a defined implementation strategy (e.g. voluntary vs. regulatory), and
3. Optimize associated staff and financial resources.
Comments from the Planning Commission are organized by general category and shared on each of
the three alternatives below. Additional feedback gathered at their July 8th study session is provided
in Attachment A-4.
Alternative 1 – (E-5.1) Community Choice Aggregation (CCA) – 22% reduction potential
A CCA allows cities and counties to aggregate the buying power of individual customers within a
defined jurisdiction in order to secure alternative energy supply contracts on a community-wide
basis.
Planning Commission Comments:
o Several Commissioners supported advancing with the forthcoming PG&E Green Options
program in the near term to achieve 2020 targets while studying the potential of launching a
local CCA to achieve longer-term (2035) goals, and
o Requested more information on cost and performance on implementation on CCAs.
Alternative2 – Enhanced Voluntary Outreach – 15.5% reduction potential
Alternative 2 focuses on voluntary retrofit programs and an aggressive outreach campaign to new
building owners, as well as existing residents and businesses. This alternative also includes
consideration of the development of a longer-term energy management and resiliency plan to
consider the potential impacts of climate change on the community’s energy security, as well as
future consideration of some of the mandatory building regulations described in Alternative 3.
Planning Commission Comments:
o The majority of Commissioners supported the City advancing the expanded measures
referenced above, paired with Alternative 2 actions listed here. The Commission noted that
support of a voluntary approach, through new outreach, would require financial incentives, to
extend current offerings, secure high program participation, and eliminate community and
enforcement burdens attributed to mandatory compliance.
o Several Commissioners encouraged a heightened focus on transportation sector measures to
mitigate intercity trips. Commissioners encouraged staff to expand bicycle and pedestrian
improvements, community bike share and (electric) shuttle services, as well as school-focused
transportation programs. One Commissioner asked that staff revisit transportation studies
conducted in the past to see if a viable option to mitigate congestion and achieve CAP-related
environmental benefits can be sourced from this work previously performed.
o One Commissioner also requested that the City focus on improving its own operations to
reduce municipal emissions through transitioning its fleet to all electric, installing additional
charging stations, and investing in water reuse, recycling and storage.
Alternative 3 – Mandatory Building Regulations – 16.2% reduction potential
Alternative 3 expands the strategies included in Alternative 2 by recommending the adoption of
several mandatory building regulations (see Attachment 3 for further description).
Planning Commission Comments:
o The majority of Commissioners voiced concerns over increasing local burdens for developers
or the real estate community through the addition of new requirements.
o Though not all individual measures were reviewed by the Commission, numerous
Commissioners noted support for solar-ready pre-wiring requirements.
o One Commissioner encouraged the consideration of more stringent requirements on large
facilities that have a larger contribution to local resource consumption and emissions
generation.
o Several Commissioners agreed that a regional approach to advance these mandatory measures
would be more effective than the City pursuing them on its own, as was achieved with the
City’s recent Green Building Ordinance, Single Use Bag Ordinance and Foam Food Ware
Ordinance. One Commissioner noted that he preferred these regulations continue to be set at
the state level.
Staff will endeavor to provide responses to questions asked by the Planning Commission for the
Council’s consideration on July 15, 2014.
Next Steps & Timeline
Following Council direction on the preferred alternative to analyze, the City’s CAP, the City’s
consultant will prepare the appropriate environmental review document per the schedule outlined in
Attachment A-7. The CAP timeline will parallel that of the City’s GPA and is expected to return to
Council for adoption in October 2014.
_____________________________________________________________________________________
Prepared by: Erin Cooke, Sustainability Manager
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for submission by: David Brandt, City Manager
Attachments:
A – July 8th, 2014 Planning Commission Study Session Packet:
1 – Greenhouse Gas Emissions Inventories
2 – Neighboring CAPs and Targets
3 – Proposed CAP Measures and Actions
4 – Community Input Collected
5 – Existing City Actions
6 – Expanded & New City and Community Actions
7 – CAP Milestones Schedule
SUSTAINABILITY DIVISION, OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-7603 www.cupertino.org
PLANNING COMMISSION STAFF REPORT
Meeting: July 8th, 2014
Subject
Study Session to provide an update on the Climate Action Plan (CAP) process and review greenhouse
gas reduction measures to be considered for analysis in the City’s Initial Study/Negative Declaration.
Proposed measures focus on options to reduce community-wide emissions in the energy,
transportation, water, and solid waste sectors.
Recommended Action
Staff recommends that the Planning Commission:
Review the Climate Action Plan (CAP) Measures Alternatives and provide comments.
Background
On March 18th, the City Council authorized staff to prepare a Climate Action Plan . Climate Action
Plans (CAPs) provide a blueprint for cities and community members to respond to the sources of and
challenges posed by climate change by outlining a menu of actions for an agency to reduce both its
operational and community greenhouse gas emissions (GHG). Cupertino’s Climate Action Plan will
serve as an implementation policy of its forthcoming General Plan Amendment (GPA), thereby
enhancing the environmental gains achieved through the land use alternatives proposed for our
community. By moving on a parallel track to the GPA, Cupertino’s CAP offers safeguards against
Attorney General-led CEQA enforcement lawsuits (e.g. Stockton, San Bernardino County, San Diego
Association of Governments) that have challenged general plans that do not adequately mitigate
emissions as directed by CEQA Guidelines Section 15183.5.
In California, cities and counties have been historically motivated to develop CAPs to address
regulatory guidance (e.g. California Global Warming Solutions Act( AB32)), which sets greenhouse
gas emissions reduction targets for California (15% of current levels by 2020; 80% of 1990 levels by
2050), and to realize the role local government can serve in reducing both statewide and community
emissions. In fact, the AB32 Scoping Plan explicitly defines local government actions to achieve GHG
emissions reductions, as local agencies often have “exclusive authority over activities that contributed
to significant direct and indirect emissions through planning and permitting, local ordinances,
outreach and education efforts, and municipal operations.” As such, nearly 400 California cities,
counties, and/or towns, have completed GHG inventories, established citywide GHG targets, initiated
CAP development, and/or adopted CAPs (also historically referred to as greenhouse gas emissions
reduction plans).
As of June 2014, approximately 80% of cities in Santa Clara, San Mateo, and Alameda Counties have
drafted or adopted CAPs. Following suit, Santa Clara County (SCC) secured grant funding from
PG&E and allocated funding itself to complete a cooperative CAP exercise for the following seven
jurisdictions: the Cities of Cupertino, Gilroy, Morgan Hill, Mountain View, Saratoga, and San José, as
well as the unincorporated Santa Clara County. The goal of this cooperative CAP project is to
complete 2010 community-wide and municipal GHG inventories and facilitate the creation of
customized CAPs, through which project participants can establish GHG reduction targets, strategies,
and related emissions reduction collaboration opportunities. This will position participating agencies
well for accessing anticipated state funding resources that prioritize CAP implementation, versus a
historic focus on CAP development, while awaiting impending Office of Planning and Research
(OPR) General Plan and CAP Guidance.
As a participating jurisdiction, Cupertino engaged in this process to update its 2005 municipal and
community-wide GHG emissions inventories and achieve strategies set forth in its current General
Plan. Specifically, the City’s General Plan directs staff to prepare a Sustainability and Resources Plan
(Policy 5-1, Strategy 1) and a Sustainable Energy and Water Conservation Plan (Policy 5-1, Strategy 4)
with recommendations regarding the reduction of municipal and community wide reduction of
energy, water, material, and fossil fuel use. Cupertino’s adopted CAP will implement the General
Plan’s emissions-reducing policies, as well as others developed separately in the CAP consistent with
the draft General Plan policies and goals, which may allow for future streamlined review of
individual projects under CEQA.
Discussion
The City is currently working with the selected Santa Clara County-funded consultant (AECOM) to
develop its own customized CAP, including community engagement and Environmental Review.
The following activities have been completed to date towards development of the City’s CAP:
A. GHG Inventories – Cupertino’s 2010 baseline inventories of municipal operations and
community-wide emissions were prepared. Inventories also include the City’s forecasted
emissions for three future horizon years: 2020, 2035, and 2050 based on the General Plan
Amendment’s Land Use Alternative C scenario. Inventories offer the starting point to analyze
the community’s emissions sources and identify the impact of emissions reduction strategies
proposed within the City’s CAP. Horizon year forecasts are then used to calculate emissions
reductions achieved by implementing proposed strategies over the life of the CAP .
Attachment 1 provides a detailed description of the City’s emissions inventories and forecasts.
The City’s community-wide emissions are shown below. Energy use represents the largest
emissions sector, accounting for nearly 55% of total emissions. Non-residential land uses
generate approximately 25% more emissions than residential land uses. Transportation
emissions contribute 40% of total emissions. These primary emissions sources are the focus of
the draft mitigations measures for Planning Commission review and discussion.
B. Emissions Reduction Target – The CAP, in its draft form, proposes a 15% draft target that
aligns with the statewide emissions reduction goal and is consistent with other locally adopted
CAP targets. This target is the minimum level recommended for local governments to adopt
per the California Air Resources Board guidance in the Climate Change Scoping Plan (i.e., the
State’s guidance framework to achieve its adopted reduction targets). Cupertino’s draft target
is expressed as a 15% reduction below the 2010 baseline emissions level by the year 2020. From
the statewide perspective, this target roughly approximates a return to 1990 levels, which is
the State’s goal for 2020 as expressed in Assembly Bill 32 (i.e., the Global Warming Solutions
Act) and its companion legislation. Attachment 2 offers a comparison table of reduction
targets established within the adopted CAPs of neighboring jurisdictions.
C. GHG Reduction Measures – There are numerous actions that can help the City to achieve its
draft reduction target. The largest source of estimated reductions will come from statewide
actions as part of the State’s efforts to achieve its long-term emissions reduction targets
described above. These actions include the Renewable Portfolio Standard to clean the electric
grid, the Low Carbon Fuel Standard to lower emissions from vehicle fuels, and various vehicle
efficiency improvement regulations, among others. These statewide actions will help to
achieve approximately 90% of Cupertino’s draft 2020 reduction target. The remaining 10% of
the City’s draft 2020 target can be achieved through local actions, for which the City
government can play a leadership and facilitator role.
A draft list of local CAP measures was developed as part of the collaborative CAP project and
included a common list of best management practices, measures already being implemented
in participating jurisdictions or those planned for near-term implementation. The consultant
team then reviewed the lists to identify opportunities for existing practices to be expanded or
for new emissions-reducing practices to be developed and implemented. After additional City
staff review, the draft list of proposed measures were quantified to calculate their emissions
reduction potential and implementing actions were developed that would be required to
achieve the stated emissions reductions. Attachment 3 includes the customized list of
24%
30%
34%
7%
2% 2%
Residential Building Energy
Non-Residential Building
Energy
On-Road Vehicles
Off-Road Vehicles and
Equipment
Solid Waste
Water Services
proposed draft measures under review by the City for inclusion in its CAP. Attachment 3 also
includes implementing actions and the measure’s reduction potential (expressed as
contribution to the City’s reduction target).
The draft list of measures was then reviewed through various community engagement
activities, described in detail below, including two community workshops, two focus group
meetings, a CAP website, and online surveys. Attachment 4 provides a summary of comments
received to date, as gathered from these various outreach activities.
Existing City and Community Actions
CAP measures under consideration include numerous actions that the City is already taking
(e.g., tree-planting requirements for new construction) or voluntary activities in which
community members can and do participate without City intervention or support (e.g.,
installation of solar PVs on private property). The inclusion of these types of measures in the
CAP allows the community to take credit for its early actions, which have yielded emissions
reductions, and helps to identify opportunities for program expansion and potential new
program creation. Some of these actions can be enhanced further through targeted outreach or
additional information-sharing to increase voluntary participation.
Existing City and community actions highlighted in Attachment 5 proposed for continuation
via institutionalization in the CAP include:
Offer retrofit financing options, such as the City’s participation in the California FIRST
property assessed clean energy (PACE) financing district. This option suggests the City
participate in a residential PACE program as well,
Facilitate community-wide solar photovoltaic installations (including solar hot water heaters),
usually through utility-rebate programs, power purchase agreements, tax credits, or other
financial incentives,
Enhance the pedestrian and bicycle environment to encourage active transportation options
through physical infrastructure and programmatic improvements,
Accelerate transportation demand management programs, as required by Senate Bill 1339 to
provide commuter benefit programs for employers with 50 or more employees,
Support transit-oriented development, as envisioned in the General Plan Amendment,
Advance water conservation programs, as required through Senate Bill 7X-7 and implemented
through Urban Water Management Plan per-capita water use reduction targets, and
Expand compostable food scrap collection program to increase current program participation
and GHG-tied diversion benefits.
Expanded & New City and Community Actions
In order to achieve the baseline 15% reduction target adopted by the state, proposed CAP
measures includes strategies that expand the City’s existing environmental programs and
adding new actions. This package of measures to achieve the 15% reduction target include
(see Attachment 6 for further details):
A. Expansion Measures:
1. Design targeted building retrofit outreach, as a voluntary alternative to pursuing the
building retrofit regulations outlined below,
2. Expand alternative fuel vehicle infrastructure, including installation of public-use electric
vehicle (EV) charging stations and pre-wiring requirements for new construction to
support EV chargers,
3. Implement existing long-term community-wide waste reduction targets, by increasing the
target, and
4. Enhance current construction and demolition waste diversion requirements.
B. New Measures:
1. Promote voluntary use of energy data analysis services that uses software to identify facility
efficiency improvements that building owners/operators can often make for no- or
low-cost,
2. Adopt building and lighting retrofit regulations for commercial buildings and parking lots,
3. Create a Community Choice Aggregation District, preferably through a regional
collaborative effort with other neighboring jurisdictions,
4. Implement a community bike share program to encourage localized emission-free active
trips,
5. Coordinate a community bus or shuttle (private or in coordination with VTA), connecting
to CalTrain, BART and/or VTA services, and
6. Evaluate development of recycled water infrastructure (“purple pipes”) to replace potable
water use in landscape and industrial applications.
These proposed measures focus heavily on energy conservation, clean energy generation, and
expanding transit options within the community. As illustrated by the emissions inventories,
energy-related emissions account for more than half of the community’s total emissions.
Transportation-related emissions also contribute a large share to the community-wide
inventory. While, state-level regulations and policies are focused on improving vehicle
efficiency and lowering the emissions content of fuels sold in California, local-level measures
that influence vehicle-related emissions, would focus on increased community transit options
and encouraging a shift to alternative fuel vehicles.
Solid waste- and water-related emissions comprise relatively small portions of the
community-wide inventory, and therefore have limited potential in helping to achieve the
emissions reduction target. However, these measures also provide substantial community co-
benefits that participants in the community engagement activities felt were important to
pursue. These co-benefits include water conservation, resource conservation, air quality
improvements, expanded or improved natural habitats, and extended landfill operating
lifetimes, among others.
The measures shown in Attachment 3 have been organized into three alternatives for
consideration and discussion during the Study Session. The alternatives vary in their approach
to achieving the City’s reduction target from concentrating solely on clean electricity use, to
building-energy regulations, to incentive-based outreach campaigns that encourage voluntary
participation. Each of the alternatives achieves the minimum 15% reduction target.
Alternative 1 – Community Choice Aggregation
Alternative 1 includes development of and participation in a community choice aggregation
(CCA) district as its only strategy. A CCA allows cities and counties to aggregate the buying
power of individual customers within a defined jurisdiction in order to secure alternative
energy supply contracts on a community-wide basis. Selection of this single alternative
demonstrates the importance that clean electricity supply offers to communities to achieve
established emissions reduction targets. There are several examples of active and proposed
CCAs within the state whose websites provide good information on what a CCA is and how it
can provide clean electricity to its customers, sometimes as prices lower than the local utility
rate. These include:
Marin Clean Energy;
Sonoma Clean Power;
Clean Power SF;
Monterey Bay Community Power
Upon learning the emissions reduction potential a CCA could yield during their own CAP
process, the City of Sunnyvale is seeking agency partners to conduct a preliminary study into
the establishment of a local CCA. Partnerships with other interested local cities could provide
economies of scale to support utility price negotiations, should the outcome of the study
suggest CCA advancement.
GHG Reduction Potential:
Cleaning the electricity consumed in the community is one of the largest emissions reduction
opportunities available. If a CCA could be implemented in Cupertino by 2020 (and it achieved
a 50% participation rate, as compared to Marin Clean Energy, which currently has a 75%
participation rate), then Alternative A could achieve a 22% reduction below baseline
emissions levels. Even if a CCA cannot be implemented by 2020, the initial planning and
analysis required could be undertaken before 2020, so that this option could contribute
significantly toward the City’s medium- and long-term emissions reduction goals (i.e., 2035
and 2050).
Pros Cons
City can cost-effectively explore local
implementation allied with adjacent
jurisdictions
Customer confusion regarding CCA &
PGE Green Option – education required
Potential cost-savings and greater price
stability
May only be feasible with sufficient
regional participation
Can negotiate lower utility rates than
current utility company rates (usually
depends on CCA’s ability to aggregate
sufficient customer base)
Can be expensive to establish (e.g., Marin
CCA spent $2-3 million during set up, but
most was covered by grants)
Locally-selected renewable energy package
options (e.g., 50%, 75%, 100% renewable)
Opposition exists (e.g. AB2145)
Supports long-term emissions reduction
targets; energy and transportation are
Resource Considerations:
Though a detailed resource or cost analysis of the draft proposed measures was not included
as part of the CAP project scope, the consultant team provided order-of-magnitude cost
estimates to aid in measure selection for further development. The proposed costs attributed
to this Alternative consider the hiring of a firm to conduct a CCA preliminary and full-scope
feasibility study and start-up costs to form an oversight body (e.g. JPA) to launch the CCA,
should the feasibility study prove favorable. It should be noted that all of these costs would
be fully recoverable if the CCA was launched, as has been the practice in operating CCAs
noted above. City staff time to support this process would be moderate, requiring 0.5FTE to
support ongoing CCA-related efforts.
Alternative 2 – Enhanced Voluntary Outreach
Alternative 2 focuses on voluntary retrofit programs and an aggressive outreach campaign to
new building owners, as well as existing residents and businesses. This alternative also
includes consideration for development of a longer-term energy management and resiliency
plan to consider the potential impacts of climate change on the community’s energy security,
as well as future consideration for some of the mandatory building regulations described in
Alternative 3.As mentioned in Alternative 3 below, State-level regulations are likely to
increase with regards to energy conservation in the built environment, and some of the
proposed building regulations in the Attachment 3 may become part of the State’s building
code in the future. This energy management and resiliency plan would consider the existing
regulatory environment to pro-actively identify opportunities for additional building
regulations that could contribute meaningfully to long-term energy conservation. This does
not mean that new regulations will be developed and adopted, but it would direct the City to
consider all available options for conserving energy within the community.
GHG Reduction Potential:
Alternative 2 would achieve a 15.5% reduction below baseline emissions levels. The difference
between Alternatives 2 and 3 would likely increase in the future as more time has passed to
implement the CAP measures. An additional consideration is the impact that Alternative 1
would have on the other alternative scenarios in the future. If the City were to participate in a
CCA or other clean electricity procurement program in the future, then mandatory building
regulations would have a reduced impact on the community’s emissions, since the electricity
consumed would be low- or no-emissions.
largest emissions sources and will be
central to long-term reductions
Voluntary participation
Pros Cons
Could piggyback upon existing programs;
leverage statewide and utility programs
Requires strong participation driver (e.g.
incentives) that could prove costly
Voluntary participation Participation dependent upon success of
outreach/education campaigns
Certain outreach campaigns may be
implemented by community
Typically lower participation rates than
mandatory regulations (Cupertino’s low
Resource Considerations:
Again, order-of-magnitude cost estimates for these draft measures, which will be further
evaluated following Planning Commission guidance, suggest a high staff requirement to
develop and administer this program, outreach to the community and effectively engage real
estate stakeholders. Additional staff/consultant time would be required to develop a
comprehensive energy plan to ensure the effectiveness of this campaign and provide adequate
oversight to ensure environmental gains were achieved. A minimum of 2FTE/consultant-
equivalent is estimated to achieve the strategies outlined in this Alternative, pending defined
measure selection.
Alternative 3 – Mandatory Building Regulations
Alternative 3 expands the strategies included in Alternative 2 by recommending the adoption
of several mandatory building regulations (see Attachment 3 for further description),
including:
o Residential and Commercial Energy Conservation Ordinances (RECO and CECO),
o Point-of-sale home energy ratings/energy performance certificates,
o Annual benchmarking and disclosure,
o Mandatory retro-commissioning,(e.g. tuning primary building systems, such as heating,
ventilation, and air conditioning),
o Point-of-sale non-residential interior lighting retrofits,
o Point-of-sale parking lot lighting retrofits, and
o Shade tree requirements in new construction.
As shown in Attachment 4, numerous comments were made during the community
engagement activities regarding these mandatory regulations under consideration. Some
community members would support these types of actions if they were part of a larger
regional effort, in which neighboring jurisdictions were also adopting the same regulations.
Commenters generally expressed a concern that additional regulations could affect economic
development standpoint. Others expressed a preference for participating in programs with
neighboring jurisdictions and felt the CAP should focus on providing incentives and
education about the benefits of building energy retrofits and available financing options. It
should be noted that State-level regulations are likely to increase with regards to energy
conservation in the built environment, and some of the proposed building regulations in 4C
may become part of the State’s building code in the future, though the exact nature of future
legislation is unknown at this time.
organizations/ associations at no- or low-
cost to the City
residential building turn-over may
contradict this assumption)
CAP stakeholders highly support outreach
and education campaign strategies
Difficult to track results (e.g. GHG
reductions, utility savings, participation
rates)
Would not economically disadvantage
Cupertino (i.e., make it less attractive to
businesses/residents)
Already have a great deal of voluntary
programs in place (e.g. Green@Home,
GreenBiz, Energy Upgrade) with only
moderate participation
GHG Reduction Potential:
Alternative 3 would achieve a 16.2% reduction below baseline emissions levels. While this
reduction is numerically similar to that estimated in Alternative 2 for the 2020 target year, the
regulations proposed would impact a greater number of buildings than a voluntary retrofit
program, and therefore could contribute greater emissions reductions as the 2035 target year
approaches.
Pros Cons
Community recommendation to pursue as
part of a regional collaboration to help
prevent a local economic disadvantage
Point-of-sale requirements have potential
to slow down real estate transaction
process
Resulting retrofits yield utility and cost-
efficient homes and buildings, higher
property values and healthier spaces for
tenants
Possible “short-cut compliance approach”:
seller installs cheapest compliance option,
new buyer rips out that work and re-
installs new; can result in double work
(and extra construction waste), and not
necessarily yield energy savings
Generate higher participation and impacts
than voluntary programs (depends on
turn-over e.g. ~3% single family
homes/year)
Most new (~75%) homeowners make
retrofits within first three months of
occupancy; often result in energy/water
savings without being mandated
Demonstrates local leadership on energy
conservation issues
Cost and timing of mandatory lighting
retrofits are a concern, particularly for
small businesses that operate during
normal electrician businesses hours (may
need to pay extra for retrofits to occur
when their business is closed for the night)
Cupertino’s action could lead to similar
action regionally, further increasing
emissions reduction potential
Home energy ratings get “lost in the
shuffle” of all the real estate transaction
paperwork, and don’t compel buyer
action; disclosure of energy ratings leads to
liability
Building energy ratings increase seller
accountability and buyer
Concerns regarding economically
disadvantaging Cupertino, particularly if
regulations are not adopted through a
regional collaboration process
RECO/CECO programs are not common;
only a few good case studies upon which
to model a local program (e.g. Berkeley,
San Francisco, Boulder)
Cupertino’s low residential building
turnover decreases the efficacy of point-of-
sale regulations; only a small portion of the
building stock would be affected by the
regulations each year
Resource Considerations:
As noted in Attachment 3, the relative resource and cost considerations will ultimately depend
on the Planning Commission and Council-directed implementation structure, as there are
varied ways to advance this suite of measures (see the Midwest Energy Efficiency Alliance’s
RECO/CECO Case Study for the City of Sacramento). Staff/consultant time will be required to
develop, implement, and administer the respective ordinance, estimated at a minimum 1FTE
or consultant-equivalent.
D. Additional Measure Considerations
Regulatory Horizon
CAPs are based upon numerous assumptions regarding future regulatory, climatic, and
demographic conditions. State regulations will change over time and opportunities to
participate in new emissions reduction programs will arise. Therefore, the City will continue
to monitor and revise its CAP (including emissions inventory updates and measure
refinement) based on State regulation updates, changes in the best available science, and its
ability to participate in programs such as a CCA in the future.
An additional consideration is the impact that Alternative 1 would have on the other
alternative scenarios in the future. If the City were to participate in a CCA or other clean
electricity procurement program in the future, then mandatory building regulations would
have a reduced impact on the community’s emissions, since the electricity consumed would be
low- or no-emissions. The interconnections among the CCA and other measures will need to
be considered as part of the CAP update process.
Economic Impacts
A detailed economic analysis of the draft proposed measures was not included as part of the
CAP development project scope. However, the consultant team provided order-of-magnitude
cost estimates during the initial measure selection discussions as one component to help select
measures for further development. These cost estimates were very course (based on case
studies, where possible), and prepared before the implementation actions shown in
Attachment 3 were developed. Therefore, they can provide general guidance, but are not
specific to Cupertino or the details of the draft proposed measures in their current form. See
Attachment 3 for the measure cost estimates.
E. Study Session Discussion Framework –
The three alternatives were developed for the City to achieve its draft reduction target, while
pursuing a defined strategy (e.g. voluntary vs. regulatory) and optimizing resources (e.g. staff
and financial). Each alternative includes a bundle of local CAP measures with enough
emissions reduction potential to achieve the local portion of the reduction target (i.e., the
reduction amount not covered by State actions). In summary,
Changes to building code can be
cumbersome and time consuming; the
State may implement similar regulations
on its own in the future
Alternative 1 includes only one strategy – that of making low emission/no emission
electricity available as an option to residents and local businesses; participation would
be voluntary.
Alternative 2 takes a broader voluntary approach with a package of measures that relies
upon outreach and education to drive community participation.
Alternative 3 takes a mandatory approach through development of certain building-
related energy requirements, and also includes some of the same voluntary measures
as Alternative 2.
All three alternatives present a viable option for target achievement from an emissions
reduction perspective. Staff seeks Planning Commission guidance to identify which
alternative makes the most sense for Cupertino at this time. Based on the three measure
alternatives provided above and community input received, which is outlined below, staff
request feedback on the following questions:
Which alternative would be ideal for Cupertino?
Which alternative would be the most feasible?
Should Cupertino pursue more than one alternative?
If yes, which alternatives and/or measures should staff evaluate further?
F. Public Noticing and Outreach – The City advanced its CAP process to run in parallel with its
General Plan Amendment and Housing Element work, and was able to build on public
engagement efforts developed during those projects.
Community outreach activities were designed to:
o Educate the public and stakeholders on the City’s existing ongoing efficiency efforts and
the CAP work;
o Develop an understanding of the community’s needs and vision and determine how the
City’s CAP can best realize this vision;
o Reach out directly to groups likely to be especially interested in, and affected by, the CAP
and follow up with those seeking additional information;
o Expand outreach activities by providing opportunities to participate online; and
o Solicit feedback on CAP measures and acceptable alternatives to be evaluated in the City’s
CAP.
Outreach activities undertaken to date are described below.
o Post Cards - The City sent a postcard announcing the CAP and the May and June
workshops in early May. Postcards were mailed to each City of Cupertino postal address.
o Cupertino Scene Newsletter - Announcements for both CAP community workshops were
included in the May issue of Cupertino Scene
o eBlasts - Targeted emails were sent to the following groups and lists, announcing the CAP
process and the two community workshops to ~2000 stakeholders:
Cupertino Chamber of Commerce Membership
City General Plan Amendment & Housing Element List
City Environmental List (Green@Home, GreenBiz, Earth Day Participants)
City Council & Commissioners List
Acterra Green@Home & GreenFingers Participant List
Sierra Club Cool Cities Membership List
De Anza College Kirsch Center for Environmental Studies Student List
o Website: The combined GPA and Housing Element website (www.cupertinogpa.org) was
expanded to include a page dedicated to the CAP, and announcements were included on
the GPA landing page. Project information, meeting notices, presentations, and online
questionnaires were posted on the website. A comment form is also available on the
website.
o Community Workshops and Stakeholder Focus Group Meetings
Community-wide Workshop #1 (May 14)
The City held a community workshop on May 14, 2014, to introduce draft climate actions
to the public. At this event, staff gave a presentation on the regulatory drivers, planning
process, and supporting City and regional environmental efforts. Participants had the
opportunity to review current and proposed strategies in the energy, natural resources,
and transportation/land use sectors. Participants were also encouraged to provide
feedback and suggestions to the City.
Community-wide Workshop #2 (June 4)
The City held the second of two community workshops for the Cupertino Climate Action
Plan (CAP) on June 4, 2014. At this workshop, participants reviewed the goals of the CAP,
learned about community input received to date, and discussed proposed measures in
greater detail. Attendees participated in facilitated small group discussions to comment on
proposed high-impact emissions reduction actions and associated implementation
strategies for the City, residents, and businesses.
Stakeholder Focus Group Meetings
In May and June, City and consultant staff met with small groups of interested
stakeholders. The City presented the content of community workshop #1 and held a
facilitated conversation with the Cupertino Chamber of Commerce. They also had an in-
depth discussion with representatives from the commercial and residential real estate
sectors.
Online Questionnaires
Interested residents who were unable to attend community workshops were invited to
review the presentation and meeting materials on the project website and provide
comments using an online tool which mirrored the open house activity at the June 4th
workshop.
Next Steps
Attachment 7 provides an illustrated schedule of the project’s next steps after City Council reviews
the Planning Commission’s recommendation and provides direction on the preferred CAP measures
to achieve the 15% reduction target.
Administrative Draft – Based on feedback from the Planning Commission and City Council Study
Sessions, the project team will finalize the City’s measure list to pair with recommended
implementation strategies, complete the Administrative Draft CAP, and review with City staff.
Public Review Draft – After incorporating City comments, the Public Review CAP will be prepared
and made available for review along with the supporting environmental review document
described below.
o Environmental Review – At this time, the City anticipates that an Initial Study will be the
appropriate environmental review for the community-wide and Local Government
Operations (LGO) CAP and that this review would support either a Negative Declaration
or Mitigated Negative Declaration.
Final CAP – Following the 30-day public comment period on the environmental document,
additional comments received will be incorporated into a Final CAP, and presented to City
Council for formal adoption.
Fiscal Impact
Agency financial considerations are outlined above under the relevant Alternatives and will be more
fully defined in the subsequent CAP adoption staff report, which will incorporate Planning
Commission and Council measure selection.
Sustainability Impact
Adopting a CAP will enable the City to achieve the following environmental goals:
Complete the following strategies identified in Section 5, Environmental Resources/Sustainability
of the General Plan:
o Policy 5-1; Strategy 1: “…develop an appropriate comprehensive annual Sustainability and
Resource Plan for the City”; and
o Policy 5-1, Strategy 4: draft a “Sustainable Energy and Water Conservation Plan.”
Define a means to achieve Action Area Goals defined in the Bay Area Climate Compact of which
the City is a signatory;
Adopt a Climate Action Plan, as outlined in the FY11/12, FY12/13, and FY13/14 Council Work
Program (§ 10);
Implement the City’s outstanding commitment to achieve Kyoto Protocol targets as a signatory to
the U.S. Conference of Mayor’s Climate Protection Agreement;
Develop a comprehensive plan that consolidates and institutionalizes the City’s core sustainability
strategies, processes, and actions into an overarching document that enables the agency to
quantify its GHG emissions on an ongoing basis;
Build a regionally consistent CAP and participate in a process that will build Cupertino’s
knowledge of climate change mitigating actions (i.e., emissions reduction measures); and
Reduce municipal operating expenses and help residents and businesses save money through
coordinated, strategic programs and policies that lead to increased efficiency.
_____________________________________________________________________________________
Prepared by: Erin Cooke, Sustainability Manager
Reviewed by: Aarti Shrivastava, Assistant City Manager
Attachments:
1 – Greenhouse Gas Emissions Inventories
2 – Neighboring CAPs and Targets
3 – Proposed CAP Measures and Actions
4 – Community Input Collected
5 – Existing City Actions
6 – Expanded & New City and Community Actions
7 – CAP Milestones Schedule
Attachment 1 – 2010 Greenhouse Gas Emissions Inventories and
Forecasts
Emissions inventories and future-year forecasts were prepared for Cupertino’s municipal operations and
at the community-wide level as part of the Santa Clara County collaborative CAP development project.
Baseline inventories were developed using data for the year 2010. These baseline inventories were then
projected to three future horizon years: 2020, 2035, and 2050. The 2020 and 2050 horizon years align with
Statewide emissions reduction targets as described in Assembly Bill 32. The 2035 horizon year represents
an interim target between these two Statewide targets, which provides an opportunity for mid-term
correction in CAP strategies if future emissions inventories do not show a downward trajectory on a path
towards the long-term 2050 target.
Figure 1 and Table 1present the municipal operations baseline year inventory. Municipal inventories are
a subset of the broader community-wide inventory, and typically account for 2-5% of total community-
wide emissions. In Cupertino, municipal operations generated approximately 1,800 metric tons of carbon
dioxide equivalent per year (MT CO2e/yr) in 2010. The largest source of municipal emissions comes from
energy use in City buildings and facilities, as well as public lighting. Nearly half of all municipal
emissions come from energy (i.e., electricity and natural gas) used in City buildings and facilities.
Approximately one-quarter of municipal emissions come from public lighting (e.g., streetlights, traffic
lights, park lighting). The City’s vehicle fleet contributes another one-quarter of municipal emissions
from vehicle fuel consumption (e.g., gasoline, diesel). The remaining emissions come from municipally-
generated solid waste (i.e., the methane generated as organic components of the waste decompose in
landfills) and electricity used to pump water and wastewater within the City. The municipal operations
emissions represent less than 1% of Cupertino’s community-wide emissions.
Figure 1 – Baseline 2010 Municipal Operations Emissions
70%
24%
5% 0%
Facilities
Vehicle Fleet
Solid Waste
Water Services
Table 1
Baseline 2010 Municipal Operations Emissions
Emission Sector / Subsector Emissions
(MT CO2e/yr) Total (%)
Facilities 1,249 70.4%
Building Energy 837 47.2%
Public Lighting 412 23.2%
Vehicle Fleet 424 23.9%
Solid Waste 95 5.4%
Water Services 7 0.4%
TOTAL 1,775 100%
Source: AECOM 2013
Note: MT CO2e = metric tons of carbon dioxide equivalent; column sums may not match total shown due to rounding
Figure 2 and Table 2 presents Cupertino’s community-wide 2010 emissions inventory. As with the
municipal operations inventory, energy use again represents the largest emissions sector, accounting for
nearly 55% of total emissions. Non-residential land uses generate approximately 25% more emissions
than residential land uses. Transportation emissions contribute 40% of total emissions. These emissions
were calculated using an origin-destination methodology, in which vehicle trips that begin and end
within Cupertino are included at 100%, trips that begin or end within Cupertino are included at 50%, and
pass-through trips are completely removed from the inventory. Similar to the municipal operations
inventory, the solid waste and water services sectors provide relatively fewer emissions as compared to
the energy and transportation sectors. However, the benefits associated with reductions in these sectors
have numerous community co-benefits to be considered, such as water conservation, air quality
improvements, extended landfill operating lifetimes, and resource conservation, among others.
Figure 2 – Baseline 2010 Communitywide Emissions
Table 2
Baseline 2010 Communitywide Emissions
Emission Sector / Subsector Emissions
(MT CO2e/yr) Total (%)
Energy 169,547 54.8%
Residential Building Energy 75,413 24.4%
Non-Residential Building Energy 94,134 30.4%
Transportation 126,502 40.8%
On-Road Vehicles 104,112 33.6%
Off-Road Vehicles and Equipment 22,390 7.2%
Solid Waste 7,611 2.5%
Water Services 5,837 1.9%
TOTAL 309,496 100%
Source: AECOM 2013
Note: MT CO2e = metric tons of carbon dioxide equivalent; column sums may not match total shown due to rounding
Table 3 presents the community-wide emissions forecasts for 2020, 2035, and 2050, and illustrates how
emissions will grow in the community if no additional action is taken. These emissions forecasts
represent a business-as-usual (BAU) scenario, in which consumption patterns remain constant from the
2010 emissions inventory. For example, these forecasts assume that the per person energy consumption
from 2010 will remain constant through 2050. These forecasts also assume that no additional emissions-
24%
30%
34%
7%
2% 2%
Residential Building Energy
Non-Residential Building
Energy
On-Road Vehicles
Off-Road Vehicles and
Equipment
Solid Waste
Water Services
reducing strategies will be implemented by the City or at the Statewide level. Under this BAU scenario,
community-wide emissions are projected to increase 7.4% by 2020, 24.6% by 2035, and 43.2% by 2050.
Table 3
Communitywide GHG Emissions Projections (2010 – 2050)
Emission Sector / Subsector 2010 Emissions
(MT CO2e/yr)
2020 Emissions
(MT CO2e/yr)
2035 Emissions
(MT CO2e/yr)
2050
Emissions
(MT CO2e/yr)
Energy 169,547 175,466 199,232 226,838
Residential Building Energy 75,413 76,915 82,790 89,113
Non-Residential Building Energy 94,134 98,550 116,442 137,725
Transportation 126,502 143,130 170,510 198,609
On-Road Vehicles 104,112 119,641 142,569 165,371
Off-Road Vehicles and Equipment 22,390 23,489 27,941 33,238
Solid Waste 7,611 7,873 8,909 10,082
Water Services 5,837 6,038 6,833 7,732
TOTAL 309,496 332,509 385,484 443,261
Percent growth from 2010 inventory - 7.4% 24.6% 43.2%
Source: AECOM 2013
Note: MT CO2e = metric tons of carbon dioxide equivalent; column sums may not match total shown due to rounding
Attachment 2 – Neighboring Jurisdictions with Adopted CAPs and Reduction Targets
The following table was prepared by ABAG, and updated by staff, as a snapshot of climate change
planning occurring within the Bay Area. The table shows a sample of Bay Area cities, their status with
regards to adopting a CAP or related document, and the established greenhouse gas (GHG) reduction
goals included. Several jurisdictions in the table are participating in the Santa Clara County collaborative
CAP development project, including Cupertino.
Most neighboring jurisdictions with adopted reduction targets have used the Air Resources Board’s
guidance to mirror Statewide reduction efforts at the local level, which translates into a target of 15%
below baseline levels by 2020. Most of the jurisdictions listed have baseline years of 2005 or 2008. As
shown in Attachment A, Cupertino is using a 2010 baseline level.
City Adopted CAP GHG Reduction Goal
Campbell No -
Cupertino No1 -
Gilroy Pending1 15% below 2010 levels by 2020
Los Altos Pending 15% below 2005 levels by 2020
Los Altos Hills No -
Los Gatos Pending 15% below 2008 levels by 2020
Milpitas Yes 15-20% below 2005 levels by 2020
Monte Sereno No -
Morgan Hill Pending1 15% below 2010 levels by 2020
Mountain View Yes 15-20% efficiency improvement over 2005 levels by 20202
Palo Alto Yes 15% below 2005 levels by 2020
San José Pending1, 3 15% below 2010 levels by 2020
Santa Clara No -
Saratoga Pending1 15% below 2010 levels by 2020
Sunnyvale Pending 23% below 2008 levels by 2020
County (municipal) Yes1 Decrease emissions 10% every 5 years 2010-2050
Source: http://www.abag.ca.gov/jointpolicy/pdfs/Climate%20Snapshot%20Santa%20Clara%20Co.pdf
1 Santa Clara County collaborative CAP project partner: Gilroy – community-wide and municipal CAP in
progress; Morgan Hill - community-wide CAP in progress; San Jose - municipal CAP in progress;
Saratoga - municipal CAP in progress; Mountain View – adopted community-wide Greenhouse Gas
Reduction Program in 2012, municipal CAP in progress; Cupertino - community-wide and municipal
CAP in progress; County - community-wide and municipal CAP in progress
2 GHG efficiency improvement goal is outlined in Mountain View’s Greenhouse Gas Reduction Program
3 The City of San José has adopted a Greenhouse Gas (GHG) Reduction Strategy in conjunction with the
recently adopted the Envision San José 2040 General Plan Update
Attachment 3 – Proposed CAP Measures and Actions
The following table presents the draft proposed CAP measures, implementing actions,
emissions reduction estimates, and order-of-magnitude cost estimates.
The first column identifies within which alternative the measure has been included: A, B, C, or
multiple. The second column provides a measure number for quick reference. The third column
presents the overarching measure (e.g., Retrofit Financing) as well as any subcomponents (e.g.,
property assessed clean energy and energy service companies are both retrofit financing
options). Column four identifies draft implementation actions that the City could undertake in
order to implement the measures in column three. Column five provides draft greenhouse gas
emissions estimates in terms of metric tons of carbon dioxide equivalent per year (MT CO2e/yr),
the standard CAP unit of measurement. Column six represents the emissions reduction
estimates as a percentage of the local reductions needed to achieve the draft CAP target of 15%
below baseline levels by 2020. Statewide actions will provide substantial emissions reductions
to Cupertino, so this column presents the relative impact of only the local CAP measures (see
discussion of Statewide actions below for more information). Column seven and eight present
very course, order-of-magnitude cost estimates, as prepared during the initial measure
development phase. Detailed economic analysis of each measure’s cost impacts was not
included within the scope of the project. However, these high-level estimates were prepared to
assist in the initial measure selection process. The cost ranges presented are as follows:
Public Cost (implementation expense through
2020)
Private Cost (one-time expense)
Very Low <$10,000 Very Low <$100
Low $10,000-20,000 Low $101-200
Medium $20,001-100,000 Medium $200-1,000
High $100,000-500,000 High >$1,000
Very High >$500,000
The reduction potential of some measures is indicated as “supporting”, which means that no
direct emissions reductions can be attributed to the measure, but emissions reductions are likely
to occur or the measure supports the emissions reduction potential of another measure.
Emissions reductions for the two water measures are marked as TBD because the final analysis
for these reductions has not yet been completed. However, given the nature of Cupertino’s
water sources and the relative scale of water emissions in the inventory, it is anticipated that
these reductions will be small as compared to energy and transportation measures.
The final page of the following table includes a summary of the reduction potential for each of
the three Alternatives described in the Staff Report. As shown in the chart, all three Alternatives
would achieve the City’s draft target of 15% below baseline emissions levels by 2020.
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private Cost
MT CO2e/yr % of Local
Reductions
2, 3 E-1.1
A Advanced Metering and Analytics - Use of utility smart meter data to
accelerate and scale energy efficiency via remote high resolution
analytics.
• In near-term, work with PG&E to facilitate aggressive implementation of Home and Business Area Network (HAN)
program within Cupertino
• Partner with PG&E, other Santa Clara County local governments, third-party service providers, and local
businesses to establish leading regional advanced metering and analytics implementation program for commercial
and residential buildings
• Adopt ordinance that establishes opt-out advanced metering program for commercial and residential buildings
owners/tenants
• Collaborate with other Santa Clara County local governments to develop outreach program that communicates
benefits of using advanced analytics to improve energy efficiency and reduce energy bills
2, 3 E-2.1
A Property Assessed Clean Energy - PACE financing allows property
owners to borrow money to pay for renewable energy and/or energy-
efficiency improvements. The amount borrowed is repaid over a period
via a special assessment on the owner's property. Recent programs in
California are funded through the private financial marketplace, instead
of local government bonds.
• Continue to participate in California FIRST to make PACE financing available to commercial, industrial, multi-family
residential (5+ units), and non-profit-owned buildings
• Continue to participate in effort with other Santa Clara County local governments to establish countywide PACE
financing district available for residential property owners [could also provide another source of commercial
financing to compliment California FIRST program]
• Work with PACE financing providers to educate local realtor and contractor community about PACE offerings,
process, and benefits to increase participation
Cost Neutral;
Assumes turn-key
PACE program where
City opts-in, and
PACE provider
performs all
outreach activities
Varies
(Depends on
retrofits voluntarily
pursued, if any)
B Energy Service Company (ESCO) Promotion / Energy Performance
Contracting - ESCOs help facilitate customer energy efficiency
investments by providing them with services and financing, and
guaranteed savings. ESCOs offer a complete range of services: audit,
financing, design/ install of measures, procurement of
equipment/energy, training of staff, operation and maintenance,
monitoring, evaluation.
• Develop business energy performance contracting market aggregation program that identifies interested
commercial and industrial properties and aggregates them into markets of sufficient scale to attract energy service
companies (ESCOs) or energy service agreement (ESA) providers
• Work with local commercial banks to reduce mortgage lender limitations on external financing that limit ESCO and
ESA contracts
Medium;
Assumes public
outreach campaign is
implemented by City
Varies
(Depends on
retrofits voluntarily
pursued, if any)
3 E-2.2
A Residential Energy Conservation Ordinance (RECO) - RECOs require
certain efficiency improvements to be made to residential buildings upon
sale or transfer of a building and / or renovation projects of a certain size
or value. RECOs can contain a list of mandatory improvements to be
made and a spending limit beyond which additional improvements are
not required.
• Adopt Residential Energy Conservation Ordinance requiring point-of-sale energy efficiency upgrades, and establish
efficiency threshold and maximum investment amount Medium;
Assumes consultant
fees or City staff
time to develop
ordinance
High;
Assumes maximum
expenditure capped
at $1,000
B Commercial Energy Conservation Ordinance (CECO) - CECOs require
certain efficiency improvements to be made to nonresidential buildings
upon sale or transfer of a building and / or renovation projects of a
certain size or value. CECOs can contain a list of mandatory
improvements to be made and a spending limit beyond which additional
improvements are not required.
• Adopt Commercial Energy Conservation Ordinance requiring point-of-sale energy efficiency upgrades, and
establish efficiency threshold and maximum investment amount Medium;
Assumes consultant
fees or City staff
time to develop
ordinance
High;
Assumes maximum
expenditure capped
at $5,000
Medium-High;
Assumes targeted
public outreach
campaign is
implemented by City,
with ongoing
collaboration among
neighboring cities
Measure
Energy Use Data and Analysis: Increase building owner/tenant/operator
knowledge about how, when, and where building energy is used.
422 9.9%
Retrofit Financing: Promote existing and support development of new private
financing options for building retrofits and renewable energy development.
388 9.1%
ENERGY
ENERGY USE + DATA ANALYSIS
EXISTING BUILDINGS
None;
Participation is
voluntary; Advanced
analytics programs
typically identify low-
or no-cost energy-
savings
opportunities via a
subscription-based
analytics provider
Building Retrofit Regulations: Develop and implement a variety of local ordinances
and policies to increase installation of energy efficiency retrofits in homes and
buildings.
1,640 38.3%
1
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private CostMeasure
ENERGYCPoint-of-Sale Home Energy Rating / Energy Performance Certificates
(SFR) - Requires home owners to disclose information about the energy
efficiency of their buildings when they offer them for sale.
• Adopt ordinance that requires energy performance rating and disclosure for single family residential buildings at
point-of-sale using Home Energy Rating System (HERS) or similar low-effort program Medium;
Assumes consultant
fees or City staff
time to develop
ordinance
Medium;
Assumes home
energy rating costs
$500 for single-
family residential
D Annual Benchmarking and Disclosure - Requires annual energy
performance measurement and public reporting for non-
residential/multi-family buildings. The information will allow energy use
to become a market differentiator and drive voluntary efficiency
investments.
• Adopt ordinance that requires annual reporting to city of energy performance in all non-residential and multi-
family (5+ units) buildings over 10,000 square feet
• Adopt ordinance that requires annual public disclosure of energy performance in all non-residential and multi-
family (5+) buildings over 10,000 square feet (some building types such as industrial uses or data centers could be
exempt for business competitive purposes)
• Develop city web portal to collect, analyze, and disseminate building energy performance data to public
Medium;
Assumes consultant
fees or City staff
time to develop
ordinance
High;
Assumes $3,700
Level 2 Energy Audit
for 10,000 sq ft retail
space
E Mandatory Retro-Commissioning (Annual or Biannual) - Mandatory
retro-commissioning process in existing buildings and renovation
projects to ensure optimal performance of building systems. Building size
thresholds can be established to trigger mandatory compliance.
• Adopt ordinance that requires all non-residential buildings over 20,000 square feet to conduct retro-
commissioning to all major systems (e.g., HVAC) at 5-year intervals Medium;
Assumes consultant
fees or City staff
time to develop
ordinance
High;
Assumes $0.15/sq ft
retro-commissioning
cost, assumes 20,000
sq ft building
2 E-2.3 • Partner with local Realtor community to develop and implement a building owner outreach campaign that targets
new building owners to provide information on available building energy efficiency audit and retrofit programs, as
well as locally-available financing options
• Identify ways to streamline permitting process for large non-residential retrofit programs; possibly develop City
liaison role in Building Department to assist projects through the permitting process
239 5.6%
High;
Assumes public
outreach campaign is
implemented by City
Varies
(Depends on
retrofits voluntarily
pursued, if any)
2 E-2.4 • Develop overarching energy plan for community that considers energy sources and their reliability with regards to
estimated climate change impacts
• Based on most current Statewide legislation (e.g., CalGreen code) and successful case studies in other cities,
explore additional opportunities for building retrofit regulations that generate long-term energy savings in existing
building stock
• Work with local Realtor community to identify barriers to implementation and opportunities to reduce potential
burden on building sellers and real estate transaction process
Supporting
Measure in 2020
Supporting
Measure in 2020
High;
Assumes consultant
fees or City staff
time to develop
energy resiliency
plan
None
3 E-2.5
A Mandatory Non-Residential Lighting Upgrades (Point-of-Sale or Tenant
Improvement) - Ordinance would require property owners and
managers at point-of-sale or tenant improvement, to replace inefficient
interior lighting with high-efficiency lighting technologies where feasible.
• Adopt ordinance that requires non-residential property owners and managers to replace inefficient interior
lighting with high-efficiency technologies at point-of-sale or tenant improvements [Could be redundant with CECO
requirements, depending on how those are developed]
Medium;
Assumes consultant
fees or City staff
time to develop
ordinance
Varies;
Typical simple
payback time is 1-3
years with utility
lighting retrofit
rebates
B Parking Lot Light Retrofit Ordinance - Ordinance would require property
owners and managers to replace inefficient parking lots or parking
structures lighting with high-efficiency lighting technologies where
feasible.
• Adopt ordinance that requires non-residential and multi-family property owners to retrofit inefficient parking lot
or parking structure lighting with high-efficiency lighting technologies at point-of-sale or point-of-lease (for non-
residential) [Could be redundant with CECO requirements, depending on how those are developed]
• Develop outreach materials explaining simple payback period for lighting improvements and available funding
sources (e.g., PG&E lighting rebates, energy performance contracts)
Medium;
Assumes consultant
fees or City staff
time to develop
ordinance, and
outreach to
community
Varies;
Typical simple
payback time is 1-3
years with utility
lighting retrofit
rebates
Energy Resiliency Plan: Develop a long-term communitywide energy conservation
plan that considers future opportunities to influence building energy efficiency
through additional or enhanced building regulations.
673 15.7%
Public Realm Lighting Retrofit Regulations: Develop a parking lot lighting retrofit
ordinance requiring property owners or managers to replace inefficient parking lot
or parking structure lighting with high-efficiency lighting technologies where
feasible.
Cont. from
previous page
Cont. from
previous page
Building Retrofit Outreach: Develop aggressive outreach program to drive
voluntary participation in energy and water-efficiency retrofits following building
sale; program would target new owners.
2
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private CostMeasure
ENERGY
3 E-3.1
A Shade Tree Requirement for New Construction - Requirement that new
development include properly selected and located shade trees on a per
unit or per square foot (of air conditioned space) basis.
• Adopt ordinance that requires new residential development to incorporate properly selected and located shade
trees (or alternative appropriate building-integrated vegetation) on per unit or per square foot basis
• Include guidance on proper selection and siting of shade trees to maximize their energy-saving potential at
maturity
2, 3 E-4.1
A Solar Service Provider PPA Promotion - Solar service provider installs,
owns, maintains, and insures PV equipment and sells electricity to
property owner at an established rate for the life of the power purchase
agreement.
• Conduct outreach program to educate residents and businesses about potential benefits of solar service
providers' power purchase agreements
• Host PPA workshop with area PPAs to identify opportunities to streamline PPA installation of solar
• Pending result of PPA workshop, remove identified barriers to wide-scale solar installation throughout city
• Provide general information on city sustainability website describing various solar PV financing / installation
options (e.g., PPA, community shared solar, outright purchase)
Medium-High;
Assumes high-
visibility public
outreach campaign is
implemented by City
None;
Participation is
voluntary
B Community Shared Solar Promotion - Solar-electric system that
provides power and/or financial benefit to multiple community
members; can be owned by a utility or third party, special purpose
entity, or non-profit.
• Conduct outreach program to educate residents and businesses about opportunities for community shared solar
PV systems; invite neighborhood groups/organizations to help identify potential interest
• Work closely with identified candidate to develop successful pilot program (e.g., assist group in navigating
permitting requirements) that can be replicated by others
Medium;
Assumes targeted
public outreach
campaign is
implemented by City
None;
Participation is
voluntary
C Solar Empowerment Zones - Strategically selected geographic area
where solar power is most viable and beneficial from a technical
standpoint (e.g., excellent solar access; large, flat rooftop expanses;
minimal number of property owners), and where outreach and program
development can be focused.
• Conduct analysis to identify areas within city most suited for large scale photovoltaic system development (e.g.,
excellent solar access; large, flat rooftop or parking lot expanses; minimal number of property owners); identify
potential barriers (e.g., regulatory, ownership, technical) to photovoltaic system development in these areas
• Identify these areas as "priority solar development areas" and work to reduce existing barriers to system
development
• Conduct focused outreach to land owners and tenants regarding photovoltaic system development opportunities;
partner with PACE program or other renewable energy funders as appropriate on outreach campaign
Medium-High;
Assumes targeted
public outreach
campaign is
implemented by
City; consultant or
City staff conduct
solar empowerment
zone technical
analysis
None;
Participation is
voluntary
2, 3 E-4.2
A Solar Thermal Outreach Program - Informational resources on costs,
benefits, and available funding/financing sources for solar hot water
installations.
• Collaborate with PG&E and California Solar Initiative - Thermal Program to develop local outreach program to
maximize installation of solar hot water systems and leverage existing funding opportunities
• Work with PG&E to identify businesses and multi-family residential building owners with high hot water use, and
target with promotional materials for participation in CSI-Thermal Program
• Host roundtable discussion with primary hot water users to identify potential city barriers to installation of solar
thermal systems; work with city departments to remove/reduce identified barriers
Low-Medium;
Assumes City staff
time to develop
shade tree ordinance
and planting
guidance
Low-Medium;
Assumes City
partnership with
PG&E on outreach to
encourage
participation in
California Solar
Initiative - Thermal
Program
5 0.1%
780 18.2%
TBD TBD
RENEWABLE ENERGY DEVELOPMENT
Medium;
Assumes $500 for
installation of two
shade trees
None;
Participation is
voluntary
Communitywide Solar Photovoltaic Development: Encourage communitywide
solar photovoltaic development through regulatory barrier reduction and public
outreach campaigns.
Communitywide Solar Hot Water Development: Encourage communitywide solar
thermal (i.e., solar hot water) development through regulatory barrier reduction
and public outreach campaigns.
Shade Tree Program: Increase communitywide use of shade trees to decrease
energy use associated with building cooling.
NEW CONSTRUCTION
3
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private CostMeasure
ENERGY
1 E-5.1
A Community Choice Aggregation Feasibility Study - Determine feasibility
of CCA implementation, geographic scope of project, potential costs to
participating jurisdictions and residents, and potential liabilities.
• Work with other Santa Clara County partners to conduct feasibility study of multi-jurisdiction CCA program
• If feasibility study determines CCA to be feasible and advantageous, work with Santa Clara County partners to
prepare necessary study reports, informational materials, and any other supporting research and/or documents to
help pursue development of CCA program
ENERGY SUBTOTAL (*Does not include CCA, which is calculated for 2035 horizon year; does include mandatory building regulations)3,908 67.8%
MT CO2e/yr % of Local
Reductions
2, 3 T-1.1
A Pedestrian Master Plan - Document that describes policies, programs
and design criteria that contribute to walkability and pedestrian
connectivity; also identifies projects in a city that enhance pedestrian
safety and comfort.
• Update Pedestrian Transportation Plan to reflect current pedestrian safety and access needs; prioritize new
projects
• Identify internal funding sources to provide city's match for grant-funded project planning, design, and
construction
2, 3 T-1.2
A Bikeshare Program - Program provides affordable access to bicycles for
short-distance trips in an urban area as an alternative to motorized
public transportation or private vehicles.
• Continue to operate city bike fleet for city employee use and encouragement of bike fleets at large employers
• Evaluate potential demand for citywide bikeshare program; discuss expansion opportunities with Bay Area Bike
Share
• If participation in Bay Area Bike Share is deemed infeasible, discuss potential for locally-operated system with that
organization to identify likely barriers to successful bike share network in Cupertino (e.g., infrastructure limitations,
locational disadvantages, land use concerns, low potential user/destination densities)
[NEED TO DISCUSS WHERE THIS WOULD WORK IN CUPERTINO]
2, 3 T-2.1
A Transportation Demand Management Program - Program to encourage
and/or require city governments and large employers to develop
comprehensive TDM programs that reduce the number of commuters
who drive to work alone (i.e., reduce single-occupancy vehicle use).
• Support regional efforts to implement SB 1339 commute benefit requirements for employers with more than 50
employees
• Work with VTA on outreach campaigns targeting employers with fewer than 50 employees to encourage voluntary
participation in TDM program activities, including pre-tax deductions for alternative travel mode expenses, transit
pass subsidies, and new vanpool development
B Parking Cash Out - Reduces number of vehicle commute trips by
allowing employees who use alternative transportation methods (i.e.,
walk, bike to work, take transit, or carpool) to “cash out” their subsidized
parking spaces.
• Conduct survey of businesses that lease employee parking spaces
• Develop program to work with businesses leasing parking spaces that explains benefits of parking cash-out
programs for business and employees
C Carpool / Rideshare Program - Programs that facilitate carpooling and
vanpooling (e.g., Smartphone apps).
• Partner with 511 and employers (50+ employees) to leverage new ride-matching technologies and promote
rideshare among employees
D Guaranteed Ride Home - Supports individuals who regularly commute
by public transit, walking or bicycling during personal emergencies (i.e.,
leave work early due to illness, pick up a sick child, work overtime) by
providing free shuttle and taxi services and / or reimbursements.
• Work with other Santa Clara County partners to develop Guaranteed Ride Home program for employees who
work in Santa Clara County and commute to work with alternative travel options (public transit, carpool/vanpool,
biking, or walking)
Unknown;
Program is required
per SB 1339, not a
result of the CAP
Medium-Very High;
depends on number
of partners and
availability of
supporting funding
Medium-High;
depends on depth of
plan development
and consultant fees
or in-house staff
costs
Very High;
depends on scale of
program, could begin
small and expand
per community
demand
Unknown;
Program is required
per SB 1339, not a
result of the CAP
PEDESTRIANS + BICYCLES
TRANSPORTATION DEMAND MANAGEMENT
806 18.8%
Supporting
Measure
Supporting
Measure
Supporting
Measure
Supporting
Measure
None;
Participation is
voluntary; electricity
rates vary by CCA
program
None
None
Bikeshare: Bicycles are made available for individual use on a very short-term basis
(e.g., hourly), with various operational models implemented internationally.
Transportation Demand Management: Provide informational resources to local
businesses subject to SB 1339 transportation demand management program
requirements and encourage voluntary participation in the program.
Pedestrian Environment Enhancements: Continue to encourage alternative modes
of transportation, including walking, through safety and comfort enhancements in
the pedestrian environment.
Community Choice Aggregation: Partner with other Santa Clara County
jurisdictions to determine the feasibility for development of a regional CCA district,
including identification of the geographic scope, potential costs to participating
jurisdictions and residents, and potential liabilities.
TRANSPORTATION
CLEAN ELECTRICITY OPTIONS
27,204 635%
4
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private CostMeasure
ENERGY
2, 3 T-3.1
A Community Bus / Shuttle - Communitywide on-call shuttle service that
provides individuals with a ride to transit stops, train stations or the
airport.
• Conduct feasibility study that evaluates potential for community shuttle between Cal Train, downtown and major
employment/retail centers in Cupertino [FURTHER REFINE WITH CITY STAFF]
• Explore funding strategies with business improvement districts, major employers, community organizations, and
other appropriate partners
2, 3 T-3.2
A Transit Signal Priority - Facilitates movement of transit vehicles through
traffic-signal controlled intersections.
• Identify opportunities with VTA for transit-priority signal integration along bus routes within city
[ADDITIONAL OPPORTUNITIES BEYOND STEVENS CREEK BLVD?] Varies;
Depends on # of
intersections
affected (assumes
$15,000 cost per
intersection)
None
B Transit Intersection Queue Jumpers - Use real-time traffic planning and
management to favor buses in transit movement.
• Work with VTA to integrate intersection queue jumper lanes (in conjunction with priority signals) along key bus
routes within city Varies;
Depends on # of
intersections
affected (assumes
$11,000 cost per
intersection)
None
2, 3 T-4.1
A Transit-Oriented Development Land Use and Zoning Designations -
General plan designated land uses and/or municipal zoning practices
that enable and encourage transit-oriented developments.
• Identify areas that could support net increase in population or employment through land use changes within 1/4
mile walking distance of priority transit stops [WHERE ARE THESE LOCATIONS WITHIN CUPERTINO?]
• Work with Public Works Department to evaluate infrastructure capacity for higher-density/intensity development
in transit areas, and develop prioritization and funding strategies to complete necessary improvements
• Reduce off-street parking requirements for transit-oriented and mixed-use developments, for developments
providing shared parking, and for developments that incorporate travel demand management measures
TBD
Medium-High;
TOD strategies
already included in
GPA Land Use
policies
High-Very High;
depends on extent of
service; Emery-Go-
Round total annual
costs approx. $670k;
West Berkeley
shuttle approx.
$100k/yr
PUBLIC TRANSIT
LAND USE
None
Supporting
Measure -
Included in GPA
VMT estimates
Supporting
Measure -
Included in GPA
VMT estimates
Supporting
Measure in 2020
Supporting
Measure in 2020
Supporting
Measure
Supporting
Measure
Transit Route Expansion: Increasing transit ridership through increased headways,
geographic route expansion, better connections to regional transit hubs, and
increased hours of operation - Requires VTA collaboration.
Transit Priority: Operational strategy for traffic signals that makes transit service
more reliable, faster and more cost effective, especially in areas with heavy vehicle
traffic congestion - Requires VTA collaboration.
Transit-Oriented Development: Continue to encourage development that takes
advantage of its location near local transit options (e.g., major bus stops) through
higher densities and intensities to increase ridership potential.
5
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private CostMeasure
ENERGY
2, 3 T-5.1
A Alternative Fuel Vehicle Charging / Refueling Infrastructure - Public or
private sector development of alternative fueling stations (EV fast
chargers, CNG and/or biofuel stations) and infrastructure.
• Continue to explore cost-effective ways to increase alternative vehicle charging / refueling infrastructure within
city for public use
• Work with VTA to develop informational brochures and technical support for developers / contractors interested
in providing public electric vehicle charging ports in new projects
• Identify regional partners for collaboration on multi-family EV charging station retrofit program to develop
strategies for installing EV chargers in existing multi-family buildings/apartment developments
Low-Medium;
Assumes partnership
with private EV
charging companies
for free- or reduced
chargers
None
B Charging Pre-wiring Requirements for New Residential Construction
(SFR and MFR) - Requires new single-family and multi-family
developments to install connections (i.e., pre-wire) for electric vehicle
charging ports.
• Require pre-wiring for at-home electric vehicle charging ports in new single family and multi-family construction
• Update Municipal Code to reflect new requirement
LOCAL EXAMPLES IN SANTA CLARA COUNTY AND PALO ALTO: http://evworld.com/news.cfm?newsid=32031 Low-Medium
Medium;
Assumes $300-500
per unit for pre-
wiring (wiring
retrofits can cost up
to $2,000)
C Alternative Fuel Vehicle Public Outreach Program- Information for
community members about financial incentives / rebates available for
alternative fuel vehicles (e.g., non-gasoline engines), as well as other
vehicle benefits (e.g., operational cost savings, environmental).
• Provide links on city's sustainability website to sources of cash rebates or other financial incentives for purchase
and/or lease of alternative fuel vehicles
• Develop local map of publicly-accessible alternative refueling and charging stations to address "range anxiety" for
potential battery-powered or electric vehicle owners
• Provide links to existing maps identifying Bay Area alternative fuel charging and refueling infrastructure
Low None
TRANSPORTATION SUBTOTAL 3,760 65.2%
MT CO2e/yr % of Local
Reductions
2, 3 W-1.1 • Develop public information campaign that demonstrates City projects that conserve water (e.g., drought-tolerant
landscaping, efficient irrigations systems)
• Partner with community/neighborhood groups to promote existing water conservation programs and
participation in voluntary turf-removal programs
TBD TBD
Medium;
Assumes public
outreach campaign is
developed
Unknown;
Program is State
legislation, not a
result of CAP
2, 3 W-2.1
A Recycled Water Infrastructure Development Program - Program to
increase ability to recycle and re-use wastewater for irrigation purposes
by addressing recycled water infrastructure constraints, expanding
treatment and distribution capacity, and identifying large irrigation users
that could use recycled water.
• Conduct feasibility analysis to determine potential for recycled water systems in Cupertino; map locations of large
irrigation water users (now and likely future users) to identify feasible extent of new system
[NEED TO DISCUSS FEASIBILITY WITH CITY PUBLIC WORKS IN LIGHT OF RECENT DEVELOPMENTS ON SUNNYVALE /
SAN JOSE EXTENSION PROJECT]
WATER SUBTOTAL 0 0.0%
TBD TBD None
Medium cost to
conduct feasibility
study;
Very High cost to
install recycled water
infrastructure
2,954 69.0%
SB-7X-7: Implement water conservation policies contained within Cupertino's
Urban Water Management Plan to achieve 20 percent per capita water reductions
by 2020.
WATER
ALTERNATIVE FUELS
URBAN WATER MANAGEMENT PLAN
Community Alternative Fuel Vehicles: Encourage communitywide use of
alternative fuel vehicles through expansion of alternative vehicle refueling
infrastructure.
Recycled Water Irrigation Program: Uses recycled water for irrigation purposes to
reduce potable water demands.
RECYCLED WATER
6
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private CostMeasure
ENERGY MT CO2e/yr % of Local
Reductions
2, 3 SW-1.1
A Zero Waste Plan - Document that describes a goal of zero waste sent to
landfills (or incineration) and policies and programs to achieve the goal.
• Establish non-binding goal and implementing strategy to exceed 50% communitywide solid waste diversion
requirements established by AB 939, either through updates to CIWMP elements or through preparation of
standalone strategic plan
• Prepare residential waste characterization study to identify opportunities for additional waste diversion within
residential sector
• Establish timeline and funding mechanism to perform periodic Residential Waste Characterization Study updates
to evaluate efficacy of new outreach programs
2, 3 SW-2.1
A Food Scrap and Compostable Paper Collection Program - Collection of
food scraps and compostable paper in yard waste bins.
• Continue to implement the city's food scrap and compostable paper diversion outreach campaign
• Provide information to local elementary schools on existing food scrap diversion program for incorporation into
on-going recycling curriculum
• Work with franchise waste haulers, the Cupertino Chamber of Commerce, and other local business organizations
to develop and encourage participation in voluntary commercial food scrap collection program
2, 3 SW-2.2
A Construction & Demolition Waste Diversion Ordinance (with specific
lumber diversion requirements) - Requires recycling / diversion of at
least X% of construction and demolition waste; Provide technical
assistance to construction firms to recycle >75% of debris, in advance of
and to support a mandatory recycling ordinance.
• Work with franchise waste haulers to evaluate capability of area landfill operators to maximize C+D waste
diversion (e.g., 75-90% diversion)
• Consider increasing diversion requirements to 75% diversion by 2020; alternatively, only target scrap lumber with
75% diversion requirement
• Consider developing Construction and Demolition Debris Diversion Deposit Program to help enforce C+D
ordinance, in which deposit is paid to city prior to issuance of building permit and refunded to applicant following
submittal / approval of applicable waste diversion documentation
SOLID WASTE SUBTOTAL 175 3.0%
Construction & Demolition Waste Diversion Program: Enforce construction and
demolition waste diversion requirements in State's Green Building Code.
147
Supporting
Measure
0.7%
Zero Waste Goal: Maximize solid waste diversion communitywide through
preparation of a zero waste strategic plan.
Food Scrap and Compostable Paper Diversion: Promote the collection of food
scraps and compostable paper in yard waste bins through public outreach
campaigns.
Supporting
Measure
28
SOLID WASTE
No new costs
WASTE REDUCTION
None
No new costs
ORGANIC WASTE DIVERSION
Low-Medium;
Assumes some
outreach to builder
community and area
landfills/waste
haulers
Medium-High;
Assumes costs to
develop zero waste
plan and prepare
waste
characterization
study
Assumes
continuation of
existing food scrap
collection program;
Low-Medium cost to
develop voluntary
commercial food
scrap program
3.4%
7
CUPERTINO - COMMUNITY CLIMATE ACTION PLAN - DRAFT PROPOSED MEASURES AND REDUCTION ESTIMATES 1/20/2014
Alternative Implementing Actions Estimated GHG
Reductions % Contribution Cost Estimate -
Public Cost
Cost Estimate -
Private CostMeasure
ENERGY MT CO2e/yr % of Local
Reductions
2, 3 G-1.1
A Mandatory Tree Planting Requirements for New Development -
Requirement for new developments to include street trees on a per unit
or per linear foot of roadway basis.
[CHECK WITH PLANNING DEPARTMNET FOR EXISTING REQUIREMENTS AND OPPORTUNITIES TO EXPAND OR
ENFORCE: Some cities have requirements to install street trees as part of development agreement, but then new
home/building owners may remove trees on their property without need to provide replacements]
GREEN INFRASTRUCTURE SUBTOTAL 29 0.5%
Alternative 1 - Total CAP Measure Reduction Estimate 27,204 635%
Alternative 2 - Total CAP Measure Reduction Estimate 5,764 135%
Alternative 3 - Total CAP Measure Reduction Estimate 7,872 184%
0.7%
GREEN INFRASTRUCTURE
URBAN FORESTRY
Medium;
Assumes installation
of two replacement
trees
Low;
Assumes cost to
review/revise
landscaping
requirements to
include tree
replacement
requirements if a
tree is removed
Urban Forest Program: Support development and maintenance of a healthy,
vibrant urban forest through outreach, incentives, and strategic leadership.
29
225,000
250,000
275,000
300,000
325,000
350,000
2010 2020
MT
C
O
2e/
y
r
BAU Emissions Forecast
2020 Target
Alternative 1
Alternative 2
Alternative 3
15% below baseline levels
15.5% below baseline
16.2% below baseline
22.4% below baseline
8
Attachment 4 – Community & Commission Comments
Cupertino community members were given numerous opportunities to provide suggestions
and make comments on the preliminary direction of the climate action planning process. The
City hosted two community workshops to present the project and engage community members
through structured activities. The City also held a focus group meeting with the Cupertino
Chamber of Commerce to engage the community’s business leaders. A second focus group
meeting with representatives of the Realtor community was also held to solicit specific
comments on building-related proposed CAP measures. Materials developed for both
community meetings were posted on the CAP website, and two online surveys (via Survey
Monkey) were developed to replicate the community workshops for residents that were unable
to attend in-person. Staff also hosted a Study Session with the Planning Commission to gather
their feedback for Council consideration. The following notes summarize participants’
comments from these various engagement opportunities.
Community Workshop #1
05/14/2014
General Themes
Provide financial incentives for various actions
Design/develop all-inclusive programs (regardless of income, social conditions)
o Environmental justice is important consideration in measure
selection/development
Draft reduction target (i.e., 15% below baseline year by 2020) is not aggressive enough –
should be straight line between baseline year and 2050
Transportation and Land Use Themes
Bike/Pedestrian
o Improve bike safety – infrastructure enhancements, enforcement
o Slow down traffic throughout city – improve safety for pedestrians/cyclists
o Plant native shade trees to increase walking comfort
Transit
o Bring light rail to 85 instead of bus
o Bring back VTA busses through neighborhoods
o Pursue transit spur to Caltrans/BART
Community shuttle bus
Vehicle Miles Traveled (VMT) Reduction
o Require transportation demand management programs (TDMs) for employers
and enforce them – link to reduced VMT (e.g., per employee VMT targets)
o Build parking structures in dense commercial areas to prevent circling to find
parking
Energy Themes
Retrofits
o Existing homes can be retrofitted to be net-zero/highly-efficient
o Residential Energy Conservation Ordinance (RECO) – there’s not enough
turnover in the Cupertino market to make a difference (i.e., low rate of home
sales)
o Do not want point-of-sale requirements (e.g., mandatory energy audits,
upgrades)
New Construction
o Pre-wiring requirement for electric vehicle (EV) charging units in garages – Palo
Alto has ordinance, as example
o Choose lowest level of development for GPA alternative = fewer emissions
Renewable Energy Development
o Make solar photovoltaics (PVs) more affordable – property assessed clean energy
(PACE), power-purchase agreements (PPAs)…need better information on
existing financing options
o Install more PVs on City-owned buildings/land
o Require PVs on new carports
Natural Resources Themes
Water Conservation
o Increase water-use regulations / strict enforcement of xeriscaping requirements
o Better demonstrate existing City water-conserving activities (e.g., where can
xeriscaping examples be seen?)
o Conversion/removal of turf lawns – to native vegetation, vegetable gardens, etc.
Native Species
o Seed-sharing workshops (native species)
o Increase native street tree planting
o Community tree-planting drive
Education / Outreach
o Increase public education on sustainability issues and what City is already doing
Waste Reduction
o Single-use plastic bottle ban
Ideas for Project Team to Consider
General
o Implement large-scale demonstration project from conception to installation
o Additional community outreach – community member offered to give
presentation on climate change basics to fill information/knowledge gap of some
residents
Energy
o Education on cost-comparison of solar to grid electricity/natural gas
o Education on how to retrofit your Cupertino home with local examples
Transportation + Land Use
o Local mass-transit system (bus) to service distant neighborhoods
Natural Resources
o Support services to help residents plant native species in their gardens
o Incentivize tree-planting in residential parking strips
o Incentivize turf removal / replacement with xeriscaping
Community Workshop #2
06/04/2014
Building Regulations Strategies
If these are pursued, should be through regional effort so that Cupertino is not
disadvantaging itself from an economic development perspective
Need strong public outreach programs as related to building regulation strategies to link
building and home owners with available rebate programs and financing options
Mandatory energy audits slow down the home sales process
Point-of-sale regulations are ineffective in Cupertino because there is a very low
turnover rate in the residential building stock
Building energy ratings do not compel action
Need to incentive commercial retrofits; stream-lined permitting process could be good
option
Clean Electricity Options
Explore partnership with Sunnyvale’s community choice aggregation (CCA) plan
Transportation
Promote greater bicycle use
o Regional bike maps, beyond Cupertino
o Safer streets
o Bike-share program
Community shuttle option, with Maguerite example from Stanford/Palo Alto
Bring amenities closer to residential areas
Community Education/Outreach
Additional outreach is necessary to encourage participation in many of the programs
considered
o Use DeAnza College as a resource to information dissemination; Involve schools
as well
o Use community block leaders
Need more/better access to information on PG&E rebates
Connect residents/businesses with free energy audit/evaluation programs to start the
energy efficiency improvement process
How do you convince people to pay more for the energy they use? Re: CCA or Green
Option programs
Focus Group #1
Cupertino Chamber of Commerce
5/22/14
Energy
What is the trigger for building retrofits? Realtors are typically opposed to mandates
associated with the point of sale
An alternative that the real estate industry supports is to communicate with homebuyers
about opportunities for efficiency improvements
The City of Los Altos has an alternative approach that Cupertino could review
Education and outreach about home efficiency upgrades are broadly supported
The cost and timing associated with commercial lighting retrofits are a concern,
particularly for small businesses
Providing lists of preferred vendors or other tools to business owners is beneficial
There is often a significant lag time between adoption of state building codes and local
customization. It is not easy to modify the local building code
The City of Los Altos Hills offers streamlined permitting for energy-efficient
construction, which is supported by the development community
Transportation and Land Use
Consider requiring or providing incentives for 2-3 electric vehicle (EV) parking and
charging spots in new multi-family residential buildings
Improving safety and awareness of walking and bicycling around schools will help
relieve these congestion areas
The impact of corporate buses on Cupertino’s emissions is mostly positive. There may
be additional opportunities associated with alternative fuel or electric vehicles for these
corporate shuttles
Tesla is considering electric charging stations on the Peninsula, but it is unknown what
sites are being considered
Natural Resources
There is concern that development allocations that may be allowed under the General
Plan Amendment may push the sewage treatment plant over capacity and trigger a
development moratorium
Other Comments
It would be advisable to build in a study session with City Council prior to the adoption
of the CAP to allow adequate review and revision time
Realtors are opposed to point-of-sale regulations, but amenable to working with the City
on proactive programs
More specificity in the CAP presentation would be appreciated, particularly with regard
to impacts on residents and businesses
Focus Group #2
Realtor Group
6/12/14
Point-of-sale programs can be problematic for disclosure liability
o Date-certain programs are preferred (e.g., Perform X by 2020)
Cupertino has approximately 12,000 homes - roughly 3% sells each year (i.e., 360
homes)
o Could City sponsor energy audits for new home buyers through a program in
which City reimburses for all or part of energy audit, if efficiency improvements
identified in audit are implemented?
o New buyer welcome package that says “Welcome to our green city”? Could
include low-flow showerhead, CFL bulbs, weather stripping, etc.
City tried this before with low-uptake
Energy audit requirements in Austin, TX are problematic due to lack of enforcement
from City side
o Realtors see values in audits, but do not support mandatory programs because
they slow down the real estate transaction process
Energy/water efficiency improvement requirements on sellers can lead to double work
o Sellers installs cheapest option for compliance, new owner/tenant rips them out
and replaces with whatever they want
Education needed on part of Realtors regarding available energy efficiency
retrofit/improvement programs and financing options
City should focus on 97% of homes that are not turning over each year via focused
outreach campaigns
Do not support mandatory retro-commissioning program
o Should be achieved through incentives rather than mandates
o Same with commercial lighting retrofits- incentives, not mandates
Online Engagement: Questionnaires Summary
SURVEY #1: Posted 5/14/14
The survey asked participants to read through existing and proposed community actions to reduce
greenhouse gas emissions and provide their comments and feedback. This activity mirrored the
presentation and open house exercise at workshop #1.
Eleven people participated in the survey. There was a spike in responses from 6/2- 6/6.
Comments are summarized below and organized by topic area.
New community actions to reduce energy consumption and use more renewable energy:
Respondents wanted actions that are supported by science, data, and analysis of
financing and savings for renewable energy, lighting retrofits and new construction
energy efficiency installments. They also wanted easy-to-follow instructions/policies.
Several people expressed concern about how much some of the proposed policies and
programs would cost home owners, car owners, and business owners.
Opportunities in energy conservation and clean energy use:
Provide a free frequent mid-day shuttle service for seniors, students, and worker to
transport people on a route that goes to neighborhoods, transit stations and health
services.
Create a tour of energy efficient buildings that have been retrofitted.
Encourage all new construction to incorporate solar energy at the earliest phase of
design.
New community actions to reduce natural resource consumption and enhance the natural
environment:
Respondents showed some enthusiasm for organic waste but want it to be easy and are
curious about the costs/benefits.
One responded suggested developing a curriculum to teach students composting,
recycling, etc.
People wanted examples of local buildings with water conservation technology and they
want discounts and assistance with graywater installation in homes.
Respondents’ comments on urban forestry included:
o Drought with trees too close to structures can create major problems in a high fir e
danger situation.
o List local examples and service providers.
o Work with Master Gardeners and other experts.
Respondents’ comments on water conservation included:
o Share water conservation tips for the public.
o Provide incentives for the facility staff to implement water conservation.
Comments and suggestions on new community actions to encourage more walking,
bicycling, public transit and alternative fuel vehicle use:
Respondents generally resisted alternative fuel vehicle programs. There were a variety
of concerns, including coal-fired electricity used to power cars, cost, and that it’s a
misplaced priority and the City should focus on reducing use of all cars. Resistance and
similar concerns carried through to the survey questions about state regulations to
encourage cleaner vehicle fuels.
Respondents had mixed responses to programs and partnerships to help employers
reduce single-occupancy vehicle trips. One person suggested there should be rewards
for employees.
Transit and Bike/Ped requests:
o Separated/protected lanes (not on-street bike lanes).
o Families involved in walking and biking efforts.
o Bike lane on Stevens Creek Blvd.
o Senior transportation options to reduce senior isolation; sponsor STAR Program.
Other comments, suggestions and ideas:
Some respondents were skeptical of government action and preferred market-based
actions
Create an interactive program that can be used to get information on individual
buildings and model efficiencies as well as offer information on local sustainable
building resources and the companies that supply them.
We need to make smarter use of our city owned-facilities so residents can minimize
driving. (Comment referenced the need for exercise classes at Monta Vista Recreation
Center.)
There’s a need for more healthy and affordable restaurants that are walkable/bikable.
Respondents’ ideas related to residential energy efficiency programs:
o Every time a commercial unit gets a new tenant, they should be given a checklist
of energy efficiency items to review, e.g. weather stripping.
o Provide demonstration products for retrofits.
o New residential homes requirement with turn-key ready solar panels
installation.
o Community solar program could work with cutting-edge marketing.
SURVEY #2: Posted 6/5/14
The survey provided information about the City’s current efforts and potential new measures to reduce
greenhouse gases in Cupertino and asked for respondents’ comments and feedback.
One person completed this survey.
The respondent was supportive of the need for plans and policy actions to reduce greenhouse
gases. They felt that the City should lead the effort and the actions should be voluntary and
made as affordable as possible. They didn’t support point-of-sale energy rating because it places
the burden on the seller.
Planning Commission Study Session
7/8/14
Stronger emphasis on traffic congestion, pedestrian, and bicycling in the CAP since
transportation emissions account for nearly half of the total inventory.
Voluntary, outreach and incentive-based programs are preferred, but City should
consider most staff and cost-effective options when pursuing measure implementation.
Alternative 3 (Mandatory Building Regulations) is not supported, unless pursued
through a regional implementation partnership.
Some additional information regarding the CCA start-up costs, program development
timeline, and likely efficacy requested to inform decision making.
While analyzing CCAs, City should participate in PG&E Green Option program to
purchase clean municipal electricity.
General interest in sourcing additional cost/benefit information for each measure and
creating clearer connections to existing City policies and forthcoming General Plan
Amendment.
One Commissioner voiced concerns about having an aggregated sustainability or
emissions reduction plan, suggesting that these items could be advanced more
effectively on a case-by-case basis, or included in existing City documents (e.g.
transportation measures should be included in the forthcoming Bicycle and Pedestrian
Plan).
Additional Commissioner comments are shared in the City Council Study Session Staff
Report dated 7/15/14 and are attributed to the corresponding Alternatives reviewed at
the 7/8/14 Planning Commission Study Session.
ENERGY
Green
Business
Program,
Commercial
PACE Program
GreenBiz
Local Energy
Efficiency
Financing
Guide
CEC
Low-Interest
Loan;
Energy Upgrade
California
PG&E Rebates
& Energy
Efficiency
Financing
Programs
EV Pre-wiring
Requirement
for New
Construction
Energy
Management
Systems
Installed in
some City
Buildings
GreenPoint or
LEED
Certification
Reimbursement
100% of
Streetlights
Converted to
Inductive
Technology
Converting
Parking Lots
and Pathway
Lighting to
LED with
Motion Sensors
Indoor Lighting
Retrofits in City
Buildings,
Programmable
Lighting Control
Systems
Reduced Solar
Fees for PV
Installation
DOE
American Solar
Transformation
Initiative
Participant
E X I S T I N G B U I L D I N G R E T R O F I T S A N D E N ERGY ANALYSIS
$
$
$
$
$$
$
ENERGY EFFICIE
N
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COMMUNITY SOLAR
$
$
$
http://www.cupertino.org/
http://www.cupertino.org/
Green Building
Ordinance,
Expedited Plan
Check for Green
Projects, LEED
Silver Standard
for New City
Buildings
Green@Home, GreenBiz,
green@school,
Municipal Benchmarking;
Enterprise Carbon
Accounting
$
C 4H
Reduces
energy use
Improves air
quality
Reduces traffic
congestion
Promotes
smart growth
Extends water
supply
Improves
water quality
Extends landfill
lifespan
Increases local
knowledge
Increases
natural habitat
Improves
public health
Reduces landfill
methane
Reduces heat
island effect
Creates local
jobs
Provides long-
term savings
Conserves
natural resources
Improves energy
independence
Regional
strategy
ENERGY
EXISTING PROGRAMSCUPERTINOcity of
general plan amendment
Bike-Friendly
Community
(Silver Status);
Don Burnett
Bicycle-Pedestrian
Footbridge
TRANSPORTATION
AND
LAND USE
Bike Fleet for
City Employee
Use
Alternative
Work Schedule
for Employees;
Commuter Benefits
Mixed-Use
Development
Along Arterials
New Bicycle
Master Plan;
Stevens
Creek Trail
Safe
Routes to
School;
Complete
Streets
Public
EV
Charging
Stations
Signal
Re-timing
Project
Traffic Signal
Coordination
P E D E S T R I A N A N D B I C Y C L E S Y S T EMS TRANSPORTATION DE
M
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LAND USE
http://www.cyclelicio.us/
http://www.cupertino.org/
$
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Reduces
energy use
Improves air
quality
Reduces traffic
congestion
Promotes
smart growth
Extends water
supply
Improves
water quality
Extends landfill
lifespan
Increases local
knowledge
Increases
natural habitat
Improves
public health
Reduces landfill
methane
Reduces heat
island effect
Creates local
jobs
Provides long-
term savings
Conserves
natural resources
Improves energy
independence
Regional
strategy
CUPERTINOcity of TRANSPORTATION + LAND USE SECTOR
EXISTING PROGRAMS
CUPERTINOcity of
general plan amendment
NATURAL
RESOURCES
SCVWD Rebate
Programs and
Irrigation
Efficiency
Programs
Graywater
Use
Ordinance
GreenBiz,
Green@Home;
Growing
Greener Blocks;
Stevens Creek
Restoration
Project
City
Water
Efficient
Landscaping
Ordinance
Enhanced
Construction
Waste
Diversion
(60%)
Citywide
Organics/
Composting
Collection
EPA Food
Recovery
Challenge
National
Innovation
Award
Heart of the
City Master
Plan;
Green Fingers
Stewardship
Program
Tree City USA through
Arbor Day Foundation;
Reforestation Program;
McClellan Ranch Preserve
Nature Programs
Street Tree
Ordinance
and “Pick A
Street Tree”
Program
Tree4Free
Program;
Community
Gardens
U R B A N W A T E R M A N A G E M E N T
SOLID WASTE M
A
N
A
G
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U
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ORESTRY
Bicycle Transportation Plan (May 2011)Give bicycle projects a priority equal to those that serve the automobile;Pursue funding and inter-agency cooperation in the development of bikeway network;Continue actice participation in traffic engineering and transportation planning decisions;Expand and develop new bicycle safety programs;Expand and develop
http://lomaprieta.sierraclub.org/
http://www.yelp.com/biz/cupertino-city-center-apartments-cupertino
$
C 4H
Reduces
energy use
Improves air
quality
Reduces traffic
congestion
Promotes
smart growth
Extends water
supply
Improves
water quality
Extends landfill
lifespan
Increases local
knowledge
Increases
natural habitat
Improves
public health
Reduces landfill
methane
Reduces heat
island effect
Creates local
jobs
Provides long-
term savings
Conserves
natural resources
Improves energy
independence
Regional
strategy
$
C 4H
C 4H
$
$$
$
C 4H
CUPERTINOcity of
general plan amendment
NATURAL RESOURCES
EXISTING PROGRAMS
CUPERTINOcity of
general plan amendment
ENERGY
SECTOR OPPORTUNITIES
$C 4H
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MEDIUM
MEDIUMBuilding Energy Data and Analysis
Policies and outreach program to increase business and homeowner
use of software or hardware to track and analyze building utility data
to find efficiency improvements or faulty equipment.
Financing options and/or financial incentives that support retrofits
and renewable energy installation in existing buildings.
Local ordinances and/or building standards to increase energy
efficiency in existing homes and businesses.
Outreach program and ordinances to increase high-efficiency indoor
and outdoor lighting upgrades.
Local ordinances, policies, and codes to improve building efficiency
and occupant comfort.
Outreach program to share available solar financing options; policy
revisions to encourage voluntary installation of solar photovoltaic
and solar hot water systems.
HIGH
LOW
LOW
LOW
LOW
Strategies to increase utility renewable energy generation for use in
Cupertino and/or opportunities to participate in existing clean
electricity programs.
Retrofit + Renewable Energy Financing
Building Retrofit Regulations
Commercial Lighting Retrofits
Energy Efficient New Construction
Community Solar Photovoltaics
Clean Electricity
$
$
$
$
$
PROPOSED COMMUNITY ACTIONS
GHG
REDUCTIONS
WHAT ARE YOUR COMMENTS AND FEEDBACK?COMMUNITY CO-BENEFITS
CO-BENEFITS LET’S BRAINSTORM!
TRANSPORTATION + LAND USE
SECTOR OPPORTUNITIESCUPERTINOcity of
general plan amendment
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Conserve
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Reduces
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Creates
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Regiona
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HIGH
LOW
HIGH
Land use planning techniques that help reduce the total vehicle miles
traveled during daily activities (e.g., work, school, shopping), such as mixing
land uses and transit-oriented development.
Regional agency partnerships to enhance the transit rider experience, through
increased or improved service schedules, system coverage, or transit stop
environments; includes partnerships with VTA on local transit priorities (e.g.,
bus rapid transit) and feasibility assessment for new local community shuttle.
Physical infrastructure and programmatic improvements that support active
transportation options through increased pedestrian and bicyclist comfort,
safety, and convenience.
Outreach, incentives, and regional partnerships to help employers comply with
SB 1339 to reduce the number of commuters driving to work alone, such as
parking cash out, carpool/rideshare services, or a guaranteed ride home.
Outreach program and ordinances to accelerate public and private use of
low emission alternative fuel vehicles, such as battery-electrics, hybrids, or
natural gas, and development of supporting refueling infrastructure.
Alternative Fuel Vehicles
Transportation Demand Management
Pedestrian + Bicycle Improvements
Public Transit Improvements
Land Use Strategies
State regulations that will result in improved vehicle efficiency and cleaner
vehicle fuels; includes Pavley I + II, the low carbon fuel standard, and
heavy-duty vehicle aerodynamic efficiency standards.
State Actions
$
$
$
$
$
supporting
indirect reductions
supporting
indirect reductions
supporting
indirect reductions
PROPOSED COMMUNITY ACTIONS
GHG
REDUCTIONS1
WHAT ARE YOUR COMMENTS AND FEEDBACK?COMMUNITYCO-BENEFITS
CO-BENEFITS LET’S BRAINSTORM!
1 “Supporting” actions provide important community co-benefits, but cannot
be accurately quantified to provide emissions reduction estimates at this
time, or reductions overlap with those estimated in other strategies.
NATURAL RESOURCES
SECTOR OPPORTUNITIESCUPERTINOcity of
$C 4H
Reduces
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Impro
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supporting
supporting
indirect reductions
indirect reductions
Organic Waste
Outreach programs and additional collaboration with the City’s waste hauler
to address remaining barriers to increased participation in existing organics
diversion programs for homes and businesses (e.g. food/yard waste collection).
Programs, policies, and agency partnerships to support statewide water
conservation efforts through implementation of the Urban Water Management
Plan; leverages numerous existing City and water district programs to increase
indoor water use efficiency and irrigation improvements.
Water Conservation
Programs and ordinances for management and enhancement of a healthy,
vibrant urban forest that provides shade, clean air, local habitats, natural
stormwater management, and visual amenity to the community; native, drought-
tolerant plant species can further support City water conservation efforts.
Urban Forestry
Analysis of potential recycled water users in the City to determine infrastructure
needs to enable recycled water to replace potable water use in landscape
irrigation and some industrial applications.
Recycled Water Use
C 4H
C 4H
C 4H
Ordinances and programs to increase diversion of construction-related waste
from landfills for reuse, recycling, composting, or other beneficial uses.
Construction and Demolition Debris
Outreach and programs to help the City achieve a long-term aspirational goal
to exceed statewide solid waste diversion requirements; includes local waste
studies to identify additional opportunities for new City programs.
Zero Waste Goal
PROPOSED COMMUNITY ACTIONS
GHG
REDUCTIONS1
WHAT ARE YOUR COMMENTS AND FEEDBACK?COMMUNITYCO-BENEFITS
CO-BENEFITS LET’S BRAINSTORM!
1 “Supporting” actions provide important community co-benefits, but cannot
be accurately quantified to provide emissions reduction estimates at this
time, or reductions overlap with those estimated in other strategies.
CO
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process schedule
Project Kick-off
Meeting
Workshops
Community
Workshop #1
Draft City
Climate Action Plan
Final City
Climate Action Plan
Planning
Commission
Meeting
7/15
City Council
Meeting
7/22
Online Engagement
Focus Groups and
Stakeholder Interviews
Outreach
Materials
Initiate CEQA
Process
CEQA Analysis
Documentation
Public Comment
and Responses
8/20
Negative
Declaration
climate action planCITY OF CUPERTINO
Community Engagement and CEQA Support
Updated June 2014
Coordination
Meetings
City Council
Meeting
10/7
Outreach
Materials
Outreach
Materials
Outreach
Materials
Workshops
Community
Workshop #2
Focus Groups and
Stakeholder Interviews
Public
Draft Plan
FEBRUARY 2014 MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER 2014
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0274 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:6/18/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Workers' Compensation Claim (Gov't Code Section 54956.95), Claimant: Todd Hembree,
Agency Claimed Against: City of Cupertino.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject :Workers'CompensationClaim(Gov'tCodeSection54956.95),Claimant:Todd
Hembree, Agency Claimed Against: City of Cupertino.
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0275 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:6/18/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: City
Hall, 10300 Torre Avenue, Cupertino, CA 95014; Negotiating parties: Crown Castle and City of
Cupertino; Under negotiation: Price and terms.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject :ConferencewithRealPropertyNegotiators(Gov'tCodeSection54956.8);Property:
CityHall,10300TorreAvenue,Cupertino,CA95014;Negotiatingparties:CrownCastleand
City of Cupertino; Under negotiation: Price and terms.
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:214-0250 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/9/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Audit Committee Annual Report to Council
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/15/20142
Subject: Audit Committee Annual Report to Council
Accept the Audit Committee's Annual Report
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0264 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/16/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Update from Rotary Club of Cupertino immediate past President Savita Vaidhyanathan
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :UpdatefromRotaryClubofCupertinoimmediatepastPresidentSavita
Vaidhyanathan
Receive the update
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0303 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/27/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Proclamation to the City of Cupertino Parks and Recreation Department recognizing "Parks
Make Life Better!" month
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :ProclamationtotheCityofCupertinoParksandRecreationDepartmentrecognizing
"Parks Make Life Better!" month
Present the proclamation
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0142 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/19/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Approve the July 1 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: Approve the July 1 City Council minutes
Approve the minutes
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Regular Meeting
Tuesday, July 1, 2014
CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:48 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order in the
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of
Allegiance.
ROLL CALL
Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang,
Orrin Mahoney, and Mark Santoro. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Update from the Cupertino Sanitary District, Board President Bill
Bosworth
Recommended Action: Receive the update
Written communications for this item included a PowerPoint presentation.
Board President Bill Bosworth gave an update on the Cupertino Sanitary District via a
PowerPoint presentation.
Council received the update.
2. Subject: Update from the Santa Clara County Sheriff's Department, Sheriff Laurie
Smith
Recommended Action: Receive update
Mayor Wong asked Sheriff Laurie Smith to give her update along with item number 14.
2
3. Subject: Proclamation to Patricia Peterson recognizing her lifesaving efforts in
Cupertino on June 11
Recommended Action: Present proclamation
Mayor Wong presented the proclamation to Patricia Peterson.
Cupertino Chamber of Commerce president Darcy Paul thanked Patricia and noted that
the Chamber plans to host a CPR class sometime in the future.
POSTPONEMENTS
Mahoney moved and Sinks seconded to continue Item No. 20 Energy Services Contract for
solar installation to July 15. The motion carried unanimously.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Mahoney moved and Chang seconded to approve the items on the Consent Calendar as
presented with the exception of item numbers 12, 14, and 15 which were pulled for discussion.
Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None
4. Subject: Approve the June 2 City Council minutes
Recommended Action: Approve the minutes
5. Subject: Approve minutes for the two City Council meetings on June 10
Recommended Action: Approve the minutes
6. Subject: Approve the June 23 City Council minutes
Recommended Action: Approve minutes
7. Subject: Accept Accounts Payable for period ending May 2, 2014
Recommended Action: Adopt Resolution No. 14-163 accepting Accounts Payable
for period ending May 2, 2014
8. Subject: Accept Accounts Payable for period ending May 9, 2014
Recommended Action: Adopt Resolution No. 14-164 accepting Accounts Payable
for period ending May 9, 2014
9. Subject: Accept Accounts Payable for period ending May 16, 2014
Recommended Action: Adopt Resolution No. 14-165 accepting Accounts Payable
3
for period ending May 16, 2014
10. Subject: Accept Accounts Payable for period ending May 23, 2014
Recommended Action: Adopt Resolution No. 14-166 accepting Accounts Payable
for period ending May 23, 2014
11. Subject: Accept Accounts Payable for period ending May 30, 2014
Recommended Action: Adopt Resolution No. 14-167 accepting Accounts Payable
for period ending May 30, 2014
12. Subject: Adopt the amended Conflict of Interest Code of the City of
Cupertino for officials and designated employees
Recommended Action: Rescind Resolution No. 12-076 and adopt Resolution
No. 14-168 amending the Conflict of Interest Code of the City of Cupertino
and the direct City Manager to sign the required 2014 Local Agency Biennial Notice
Chang moved and Santoro seconded to adopt the Resolution No. 14-168 amending the
Conflict of Interest Code of the City of Cupertino and direct the City Manager
to sign the required 2014 Local Agency Biennial Notice. The motion carried unanimously.
13. Subject: Approve the destruction of records from the City Clerk, Public
Works, and Parks and Recreation (Sports Center) departments.
Recommended Action: Adopt Resolution No. 14-169 approving the destruction
of records
14. Subject: Execute a contract with Santa Clara County office of the Sheriff for the
ten-year period 2014/15 to 2024/25.
Recommended Action: Authorize the City Manager to execute a contract with
Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25
Written communications for this item included a graph from staff showing sheriff contract
costs and City population.
Sheriff Laurie Smith presented an update from the Santa Clara County Sheriff’s
Department (as noted in item number 2) and answered questions regarding the contract.
Wong moved and Santoro seconded to authorize the City Manager to execute a contract
with Santa Clara County office of the Sheriff for the ten-year period 2014/15 to 2024/25.
The motion carried unanimously.
4
15. Subject: Alcoholic Beverage License, 212 New York Pizza, 19998 Homestead Road, Suite A
Recommended Action: Approve Alcoholic Beverage License, 212 New York Pizza, 19998
Homestead Road, Suite A
Chang moved and Mahoney seconded to approve Alcoholic Beverage License, 212 New
York Pizza, 19998 Homestead Road, Suite A. The motion carried unanimously.
16. Subject: Alcoholic Beverage License, Chili Pot, 20956 Homestead Road, Suite D
Recommended Action: Approve Alcoholic Beverage License, Chili Pot, 20956
Homestead Road, Suite D
17. Subject: Appointment of City of Cupertino representative to the Santa Clara
County
County Valley Transportation Authority (VTA) Bicycle & Pedestrian Advisory
Committee (BPAC)
Recommended Action: Accept the Bicycle Pedestrian Commission (BPC)
recommendation
recommendation to reappoint James Wiant to the VTA BPAC for a two-year
term beginning July 1, 2014
18. Subject: Summarily vacate and approve the sale of a portion of San Felipe
Road, south of Alcalde Road to Neel Dhamdhere.
Recommended Action: Adopt Resolution No. 14-170 approving the summary
vacation and sale of a portion of San Felipe Road to Neel Dhamdhere, in the
amount of $6,000, and authorize the City Manager to execute all of the necessary
documents.
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
19. Subject: Public Hearing to Consider the Capital Improvement Plan (CIP),
including a Negative Declaration pursuant to the California Environmental
Quality Act; and a finding of General Plan conformance; and the
Recommended Budget for Fiscal Year 2014-15; and the Establishment of the
Appropriation Limit; and Related Actions.
Recommended Action:
a. Adopt Resolution No. 14-171 adoptin g Negative Declaration EA-2014-05 for the
Capital Improvement Plan (CIP) projects described in the FY 2014-15 Recommended
Budget and finding that the CIP is in conformance with the General Plan
5
b. Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital
Improvement Budget for Fiscal Year 2014-15 related to pass-through revenues
for the Apple Campus 2 project
c. Adopt Resolution No. 14-173 establishing an Operating Budget and Capital
Budget for Fiscal Year 2014-15
d. Adopt Resolution No. 14-174 establishing an Appropriation Limit for Fiscal Year
2014-15
e. Take action on items listed in the Follow Up Items for Council Action
section of this report and direct staff to make the appropriate adjustments to
the Fiscal Year 2014-15 Recommended Budget and Resolutions
Adjustments made in item c.
i. $15,000 reduction in unrequested Community Funding dollars
Written communications for this item included resident emails, a copy of La Voz Weekly
newspaper from De Anza College, and a staff PowerPoint presentation.
Interim Director of Administrative Services Kristine Alfaro reviewed the staff report via
a PowerPoint presentation.
Mayor Wong opened the public hearing.
Ed Hirshfield representing the Cupertino Tennis Club thanked Council for past support
and Parks and Recreation for maintenance and improvements at the Cupertino Sports
Center.
Park Chamberlain Board member of Friends of Deer Hollow farm confirmed the
proposed support of $10,000 towards the operating budget of the Farm.
Diana Argabrite from the Euphrat Museum of Art at De Anza College showed pictures
of some of the exhibits at the museum. She expressed interest to a Council member’s
inquiry about giving residents the opportunity to park for free in the lot two times a
week. Ms. Argabrite said she would work with staff on this.
Michele Lew, President and CEO of Asian Americans for Community Involvement
(AACI) offered contract services to provide case management services for seniors in
Cupertino.
Dick Schuster spoke in support of Council funding the hiring of another Cupertino
Senior Center Case Manager since the current Case Manager works so many hours.
Donna Austin, Cupertino Historical Society President thanked Council for past support
6
and noted that their programs do a lot for Cupertino. She explained some of the ideas the
Society wanted to do this next year and asked Council for continued funding support.
Helene Davis from the Cupertino Historical Society thanked Council and asked for
support again for this next year. She explained that the extra $2,500 in the proposal is for
blankets that are given to guests of Cupertino or sold for fundraising purposes and need
to be updated.
Gail Fretwell-Hugger from the Cupertino Historical Society explained that the Society
wanted to update the blankets in order to note the diversity and changes in the
community. She said that the museum is important because it helps newcomers to
Cupertino have a sense of place and community.
Stephen Hsigh expressed concern with new development projects like the Rose Bowl
noting that this would bring too much crowding to the schools.
Mayor Wong closed the public hearing.
a. Adopt Resolution No. 14-171 adoptin g Negative Declaration EA-2014-05 for the
Capital Improvement Plan (CIP) projects described in the FY 2014-15 Recommended
Budget and finding that the CIP is in conformance with the General Plan
Wong moved and Sinks seconded to adopt Resolutio n No. 14-171 adopting Negativ e
Declaration EA-2014-05 for the Capital Improvement Plan (CIP) projects described in
the FY 2014-15 Recommended Budget and finding that the CIP is in conformance
with the General Plan. The motion carried unanimously.
Vice Mayor Sinks noted that he would recuse himself from item b due to a conflict of
interest and left the dais.
b. Adopt Resolution No. 14-172 establishing a portion of the Operating and Capital
Improvement Budget for Fiscal Year 2014-15 related to pass-through revenues
for the Apple Campus 2 project
Wong moved and Mahoney seconded to adopt Resolution No. 14-172 establishing a
portion of the Operating and Capital Improvement Budget for Fiscal Year 2014-15
related to pass-through revenues for the Apple Campus 2 project. The motion
carried with Sinks recusing himself.
Vice Mayor Sinks returned to the dais.
7
c. Adopt Resolution No. 14-173 establishing an Operating Budget and Capital
Budget for Fiscal Year 2014-15
Wong moved and Mahoney seconded, and the motion carried unanimously to adopt
Resolution No. 14-173 establishing an Operating Budget and Capital Budget for Fiscal
Year 2014-15 with the following amendments:
Community funding amount decreased from $37,500 to $30,000 ($10,000/group)
Council requested staff to research contracting options in lieu of hiring a full-time
case manager position and appropriated $92,000 for this purpose
Road improvements amount increased from $7.5 million to $8.5 million
At mid-year, have the Bicycle Pedestrian Commission bring forward an update to
the Bicycle Transportation Plan that identifies new project priorities and how much
they would cost
Improve the process for community funding requests
d. Adopt Resolution No. 14-174 establishing an Appropriation Limit for Fiscal Year
2014-15
Wong moved and Mahoney seconded to adopt Resolution No. 14-174 establishing an
Appropriation Limit for Fiscal Year 2014-15. The motion carried unanimously.
e. Take action on items listed in the Follow Up Items for Council Action
section of this report and direct staff to make the appropriate adjustments to
the Fiscal Year 2014-15 Recommended Budget and Resolutions
Adjustments made in item c.
i. $15,000 reduction in unrequested Community Funding dollars
Action was taken under item c.
20. Subject: Consider awarding an Energy Services Contract and an
Operations/Maintenance Agreement for solar panels and equipment and
further consider findings that (1) the project’s anticipated energy costs
savings and revenue generated are greater than the project costs; and (2) that
the project is in the City’s best interests.
Recommended Action: Continue to July 15
Under postponements this item was continued to July 15.
ORDINANCES AND ACTION ITEMS - None
8
REPORTS BY COUNCIL AND STAFF
City Manager David Brandt noted that there would be a special study session on Monday,
July 7 beginning at 5:05 p.m. on the Civic Center Master Plan and Protected Tree ordinance.
He also noted that City Hall would be closed on Friday, July 4.
Council members highlighted the activities of their committees and various community events.
ADJOURNMENT
At 9:55 p.m., Mayor Wong adjourned the meeting to Monday, Ju ly 7 at 5:05 p.m. for a special
study session on Civic Center Master Plan and Protected Trees, Cupertino Community Hall,
10300 Torre Avenue. The next regular meeting will be on July 15.
_______________________________
Grace Schmidt, City Clerk
Staff reports, backup materials, and items distributed at the City Council meeting are available
for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org.
Click on Agendas & Minutes, then click on the appropriate Packet.
Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99
and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then
click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased
from the Cupertino City Channel, 777-2364.
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0315 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/8/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Accept Accounts Payable for period ending June 6, 2014
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: Accept Accounts Payable for period ending June 6, 2014
Adopt Resolution No. 14-175 accepting Accounts Payable for period ending June 6, 2014
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
June 6, 2014
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in Exhibit “A”.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this _____day of ____________, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0316 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/8/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Accept Accounts Payable for period ending June 13, 2014
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: Accept Accounts Payable for period ending June 13, 2014
Adopt Resolution No. 14-176 accepting Accounts Payable for period ending June 13, 2014
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
June 13, 2014
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in Exhibit “A”.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this _____day of ____________, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0317 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/8/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Accept Accounts Payable for period ending June 20, 2014
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: Accept Accounts Payable for period ending June 20, 2014
Adopt Resolution No. 14-177 accepting Accounts Payable for period ending June 20, 2014
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
June 20, 2014
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in Exhibit “A”.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this _____day of ____________, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0311 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/7/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program for the period of
August 1, 2014-July 30, 2015.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :ExecuteacontractwithDanGertmenianfortheMathOlympiadprogramforthe
period of August 1, 2014-July 30, 2015.
AuthorizetheCityManagertoexecuteacontractwithDanGertmenianfortheMathOlympiad
program for the one-year period of August 1, 2014-July 31, 2015.
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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RECREATION AND COMMUNITY SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3110 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
Execute a contract with Dan Gertmenian for the Math Olympiad program for the period
of August 1, 2014-July 30, 2015.
Recommended Action
Authorize the City Manager to execute a contract with Dan Gertmenian for the Math
Olympiad program for the one-year period of August 1, 2014-July 31, 2015.
Description
The City currently has an agreement with Dan Gertmenian to provide instruction for
the Math Olympiad program, which is taught to youths in grades 3-8. Due to the
success of the program, the annual contract will exceed the $175,000 threshold for the
coming year, therefore requiring City Council approval.
Discussion
The Math Olympiads program is currently one of the most popular
academic/enrichment programs to be offered by the Recreation and Community
Services Department. During the 2013/14 school year, there were 332 students enrolled
in the program. The enrollment has increased by 132% since 2010. Although we expect
the enrollment to remain steady for the 2014/15 school year, the fee has been increased
by 15%. The fee increase justification is due to the informal market analysis that has
been conducted by staff, comparing local cities and vendors that are offering similar
programs, while remaining at an affordable rate for the community. Staff will continue
to make incremental increases to fees in upcoming years to remain competitive.
Fiscal Impact
City anticipates the Math Olympiad program to generate approximately $282,000.00 in
revenue with an offset of $195,000 to the Consultant.
___________________________________
Prepared by: Christine Hanel, Sr. Recreation Supervisor
Reviewed by: Carol A. Atwood, Director of Recreation and Community Services
Approved for Submission by: David Brandt, City Manager
Attachment: A – Draft Contract
NO._____________
FY 14-15
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAN GERTMENIAN FOR
CONTRACT SERVICES
This Agreement, for reference dated July 7, 2014 is by and between City of
Cupertino, a municipal corporation (hereinafter referred to as "City"), and Dan
Gertmenian , a sole proprietor whose address is 167 Acalenes Drive #15, Sunnyvale,
CA 94086 (hereinafter referred to as "Consultant"), and is made with reference to the
following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and
the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for instruction of
youth math program services upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on August 1, 2014, and shall
terminate on July 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" which is
attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount set forth below. The total compensation under the Agreement
is not to exceed $195,000.00.
Compensation: 70% of resident fee for each participant, based on the final class roster,
minus a $15 administrative fee per participant and copier use fees.
The City will issue no more than three payments throughout the course of the
agreement.
4. ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS:
Consultant shall comply with the requirements of California Penal Code 11164-
11174.3 and as set forth in Exhibit “B” which is attached hereto and incorporated herein
by this reference.
5. FINGERPRINT AND TUBERCULOSIS (TB) CONSULTANT DECLARATION:
Consultant agrees that all individuals covered under this Agreement shall provide
fingerprints for criminal background test purposes and results of TB screening, pursuant
to the requirements as set forth in Exhibit “C” which is attach hereto and incorporated
herein by this reference.
6. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this
Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of an independent contractor. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the express terms of this Agreement. No civil service
status or other right of employment will be acquired by virtue of Consultant's services.
None of the benefits provided by City to its employees, including but not limited to,
unemployment insurance, workers' compensation plans, vacation and sick leave are
available from City to Consultant, its employees or agents. Deductions shall not be
made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees
due Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
9. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race, religious
creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,
sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all
violations of this provision shall constitute a material breach of this Agreement.
11. HOLD HARMLESS:
A. Performance under this Agreement. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with the
Agreement, indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other
liability of any nature, whether physical, emotional, consequential or otherwise,
arising out, pertaining to, or related to the performance of this Agreement by
Consultant or Consultant’s employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys’ fees
of counsel of City’s choice, expert fees and all other costs and fees of litigation.
B. Claims for Other Liability. Consultant shall, to the fullest extent allowed
by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers against any and all liability, claims, actions, causes of
action or demands whatsoever from and against any of them, including any injury
to or death of any person or damage to property or other liability of any nature,
that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include reasonable
attorneys’ fees of counsel of City’s choice, expert fees and all other costs and
fees of litigation. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that the damage is caused by the sole or active
negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual property. In addition to the obligations set forth in
(A) and (B) above, Consultant shall indemnify, defend, and hold the City, its
elected and appointed officers, employees, and volunteers, harmless from and
against any Claim in which a violation of intellectual property rights, including but
not limited to copyright or patent rights, is alleged that arises out of, pertains to,
or relates to Consultant’s negligence, recklessness or willful misconduct under
this Agreement. Such costs and expenses shall include reasonable attorneys’
fees of counsel of City’s choice, expert fees and all other costs and fees of
litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 12 A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Proof of automobile insurance required at the California statutory
minimums.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages,
except any professional liability insurance, required by this Agreement. The naming of
an additional insured shall not affect any recovery to which such additional insured
would be entitled under this policy if not named as such additional insured. An
additional insured named herein shall not be held liable for any premium, deductible
portion of any loss, or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker
to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a conflict
of interest form if the services provided under this Agreement require Consultant to
make certain governmental decisions or serve in a staff capacity as defined in Title 2,
Division 6, Section 18700 of the California Code of Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement,
or any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so without said consent shall be null and
void, and any assignee, sub-lessee, hypothecate or transferee shall acquire no right or
interest by reason of such attempted assignment, hypothecation or transfer. However,
claims for money by Consultant from City under this Agreement may be assigned to a
bank, trust company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venture or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or co-tenancy, which shall result in changing the control of Consultant,
shall be construed as an assignment of this Agreement. Control means fifty percent
(50%) or more of the voting power of the corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be
used in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general liability insurance in reasonable conformity to the insurance
carried by Consultant. In addition, any work or services subcontracted hereunder shall
be subject to each provision of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and that may be required in
connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. All such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records
to the representatives of City or its de-signees at all proper times, and gives City the
right to examine and audit same, and to make transcripts therefrom as necessary, and
to allow inspection of all work, data, documents, proceedings and activities related to
this Agreement. Such records, together with supporting documents, shall be kept
separate from other documents and records and shall be maintained for a period of
three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with
the supplemental examination or audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Director of Recreation and Community Services
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Dan Gertmenian
167 Acalenes Drive, #15
Sunnyvale,CA 94086
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default
in the performance of this Agreement. If such default is not cured within the time
specified after receipt by Consultant from City of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, City may terminate
the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving thirty (30) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to
the effective date of termination.
City has no obligation to offer any of Consultant’s services to participants, and,
unless minimum enrollment for a particular class identified in the Scope of Services is
met, City may cancel that class without further notice to Consultant or payment under
this Agreement. The City in its sole discretion may determine the type of classes, the
number of classes, and any assigned instructor. Consultant understands that this is an
non-exclusive agreement.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
25. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement
shall be deemed to be enacted herein, and the Agreement shall be read and enforced
as though each were included herein. If through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, the Agreement shall be amended to
make such insertion on application by either party.
26. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Dan Gertmenian CITY OF CUPERTINO
A Municipal Corporation
By ______
Title: _________________
Date: _____
RECOMMENDED FOR APPROVAL:
__________________________
Director of Recreation and Community Services
Date: __________
APPROVAL:
___________________________
City Manager
Date:_______________________
APPROVED AS TO FORM:
___________________________
City Attorney
Date: ____________
ATTEST:
_______
City Clerk
Date:
EXPENDITURE DISTRIBUTION:
580-6349-7014 $195,000.00
Account Number Amount
EXHIBIT A
CONSULTANT SERVICES TO BE PERFORMED
The CONSULTANT will provide instruction of math programs in, but not limited
to, the following programs:
Math Olympiads: Division E
Math Olympiads: Division M
Math Olympiads: Honors
Math Olympiads: 3rd Grade Program
Location and Time of CONSULTANT Services:
Refer to current Fall, Winter, Spring and/or Summer Recreation Brochures for agreed
upon dates, times, and class locations. By Mutual agreement of both parties, class
schedule may change.
Eligible Participant Minimum and Maximums for CONSULTANT Services:
Minimum: 16
Maximum: 28
If less than the required minimum number of participants enroll in and pay for a
particular class as identified in the schedule before the class is scheduled to start, the
City may cancel the particular class and/or terminate this Agreement without additional
notice or payment to Consultant.
Performance of CONSULTANT Services:
City shall have no right of control as to the manner Consultant performs the services to
be performed. Nevertheless, City may, at any time, observe the manner in which such
services are being performed by the consultant.
The Consultant shall follow all guidelines pertaining to registration procedures as listed
in the quarterly recreation schedule. Participants may not take part in the program
unless they are listed on the class roster or can show proof of enrollment. All
participants and volunteers need to complete the City’s Waiver of Liability form prior to
taking part in the program. Contractors are responsible for supervising minors after
class until a parent of legal guardian has arrived.
In the event of an injury occurring to a participant, the Consultant will notify the City
within 1 hour and complete an ABAG Incident Report. The ABAG Incident Report must
be submitted to the City within 24 hours of the injury occurring.
EXHIBIT B
ACKNOWLEDGEMENT OF MANDATED REPORTING REQUIREMENTS, RECEIPT
OF TRAINING, AND RECEIPT OF PENAL CODES STATUTES
A mandated reporter is an individual who is obligated by law to report suspected cases
of child abuse and neglect. In general, any individual who, in the ordinary course of
their employment, has contact with children is a mandated reporter. Mandated
reporters include child care workers, teachers and coaches. (California Penal Code
11165.7).
If your job duties as an employee or an independent contractor of Dan Gertmenian
include contact with children, you are a Mandated Reporter. Prior to commencing
employment and as a prerequisite of that employment, California law requires that you
sign a statement to the effect that you have knowledge of the provisions of the
Mandated Reporter Law, and will comply with those provisions. (California Penal Code
11166.5).
The following are the Mandated Reporter responsibilities under California law. You are
also being provided with a separate informational document which includes the text of
the California Mandated Reporter Law and contact information for Child Abuse and
Neglect Reporting for the County of Santa Clara. Please review this information
carefully and acknowledge your receipt and understanding where indicated. If you have
questions or concerns about this form or your Mandated Reporter responsibilities,
please contact the Recreation Supervisor at 408-777-3120.
I understand that:
By virtue of my employment or independent contractor status with Dan
Gertmenian and because my employment requires me to have contact
with children, I am a Mandated Reporter as defined by California Penal
Code 11165.7.
The following situations trigger mandatory reports: a) Physical Abuse
(willful harming of a child); b) Sexual abuse including sexual assault, child
exploitation, pornography, and trafficking; c) Severe or General Neglect;
and d) Extreme Corporal Punishment (resulting in injury). (Cal. Pen. Code
11165 et. seq.) I further understand that I may, but am not required to,
report suspected Emotional Abuse.
If I reasonably suspect that a child is being abused, I must immediately
make a telephone report. I must follow up with a written report within 36
hours. This report may be made to local law enforcement, or County
Sheriff’s Department, Probation Department or Child Welfare Agency.
(Cal Pen. Code 11166(a)).
I am not required to, but I may, share information about suspected abuse
with my supervisor or management or the parents of the alleged victim.
When I make a mandated report, I will be required to give my name.
However, my identity will be kept confidential unless I either consent to
disclosure or if the disclosure is made pursuant to a court order. Further,
agencies investigating the mandated report may disclose my identity to
one another. (Cal Pen. Code 11167(d)).
The following agencies and individuals receiving or investigating
mandated reports may disclose my identity to one another:
o Prosecutors in a criminal prosecuting or in an action initiated under
section 602 of the Welfare and Institutions Code arising from
alleged child abuse;
o Counsel appointed pursuant to subdivision (c) of Section 317 of the
Welfare and Institutions Code;
o A licensing agency when abuse or neglect in out-of-home care is
reasonably suspected. (Cal Pen. Code 11167.5)
I may not be disciplined, dismissed, retaliated against, discriminated
against or harassed for making a mandated report of reasonably
suspected child abuse.
As a Mandated Reporter, I have civil and criminal immunity when making
a report (Cal Pen. Code 11172).
As a Mandated Reporter, it is a misdemeanor to fail to comply with
Mandated Reporting laws and I can be held criminally liable for
failing to report suspected abuse. The penalty for this is up to six
months in County jail, a fine of not more than $1000, or both. I further
understand I could be civilly liable for failure to report. (Cal. Pen. Code
11166(c)).
I have been provided with a copy of California Penal Code sections 11164-11174.3
(Mandated Reporter Law ).
I understand that I am a legally Mandated Reporter. I am aware of and understand
my responsibilities under the Mandated Reporter laws of this state and am willing
and able to comply. I understand that a copy of this Acknowledgement will be
kept with my consultant agreement.
____________________________ __________________________
Name (Signature) Date
____________________________
Name (Print)
EXHIBIT C
City of Cupertino Consultant Declaration
The undersigned does hereby certify that:
1. I am a representative of Dan Gertmenian (consultant or company name); that I
am familiar with the facts herein and am authorized and qualified to execute this
declaration.
2. I declare that Dan Gertmenian (consultant or company name) has complied with
fingerprinting and criminal background investigation requirements with respect to
all Consultant’s employees who may have contact with minors in the course of
providing services pursuant to the Agreement, and the California Department of
Justice has determined that none of those employees has been convicted of a
felony, as that term is defined in California Penal Code Section 11105.3.
3. That a complete and accurate list of Consultant’s employees, who may come in
contact with minors during the course and scope of the Agreement, are included
below.
4. All of the below mentioned employees have tested negative for TB, or X-ray
results for TB, and have current documentation on file with Consultant.
5. All of the below mentioned employees have received training and understand
their responsibilities under the Mandated Reporter laws of this state and are
willing and able to comply.
A List of all Consultant Employees Working in the Math Olympiad program:
____________________ ____________________ ________________________
____________________ ____________________ ________________________
____________________ ____________________ ________________________
____________________ ____________________ ________________________
6. The City of Cupertino will be notified by Consultant in writing of any new
employees and will be added to the above list prior to beginning work.
I declare under penalty of perjury that the foregoing is true and correct:
______ _________ _____________________________ _______________
Date Place Consultant Signature Title
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0150 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/19/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: 2014 Reconstruction of Curbs, Gutters and Sidewalks -Project No. 2014-02, authority to
award construction contract.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract
B - Partial List Work Locations
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: 2014 Reconstruction of Curbs, Gutters and Sidewalks -Project No. 2014-02, authority
to award construction contract.
Authorize the City Manager to award the construction contract with a construction contingency
of up to 10% if the bids are within the established budget and there are no unresolved bid
protests.
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
2014 Reconstruction of Curbs, Gutters and Sidewalks –Project No. 2014-02, authority to
award construction contract.
Recommended Action
Authorize the City Manager to award the construction contract with a construction
contingency of up to 10% if the bids are within the established budget and there are no
unresolved bid protests.
Description
Staff recommends that Council authorize the City Manager to award the construction
contract for the 2014 Reconstruction of Curbs, Gutters and Sidewalks, based on bids
received on July 10, 2014.
Discussion
Improvements included with this project support the annual paving projects. Because
each week of favorable weather and schools being out of session is critical, staff
recommends that Council authorize the City Manager to award the construction
contract. The Engineer’s Estimate for this project is $600,000. With contingency, this
project will be within the budgeted amount of $800,000. In addition to preparing streets
for future paving improvements (see attachment B for list of street paving locations),
this project also provides on-street accessibility improvements; repairs uplifted
sidewalks as well as resolving gutter drainage issues throughout the City.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Contract
B – Partial List Work Locations
Project No. 2014-02
City of Cupertino 00520 - 1 Contract
2014 Reconstruction of Curbs, Gutters and Sidewalks
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this ___ day of , 2014, by and between ______________, whose place of
business is located at _________________ (“Contractor”), and the CITY OF CUPERTINO, a Municipal Corporation of
the State of California (“City”) acting under and by virtue of the authority vested in the City by the laws of the State of
California.
WHEREAS, City, on the ___ day of _____, 2014 awarded to Contractor the following Project:
PROJECT NUMBER 2014-02
2014 RECONSTRUCTION OF CURBS, GUTTERS, AND SIDEWALKS
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Roger Lee, Assistant Director of Public Works, to act as City’s Authorized Representative(s),
who will represent City in performing City’s duties and responsibilities and exercising City’s rights and authorities
in Contract Documents. City may change the individual(s) acting as City’s Authorized Representative(s), or
delegate one or more specific functions to one or more specific City’s Representatives, including without limitation
engineering, architectural, inspection and general administrative functions, at any time with notice and without
liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to City,
including without limitation, all releases and indemnities.
2.2 All notices or demands to City under the Contract Documents shall be to City’s Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Provisions) within 45 working days as provided in Document 00700 (General
Provisions)
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses (such as project management and consultant expenses), if all or
Project No. 2014-02
City of Cupertino 00520 - 2 Contract
2014 Reconstruction of Curbs, Gutters and Sidewalks
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final
Completion of the entire Work as specified above.
3.2.2 $75 per Calendar Day for failure to remove concrete from a work area within the same calendar week.
3.2.3 $75 per Calendar Day for failure to replace asphalt to finish grade within 30 calendar days.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached
Article 5. Contractor’s Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited
extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor
agrees that except for the information so identified, Contractor does not and shall not rely on any other
information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
Project No. 2014-02
City of Cupertino 00520 - 3 Contract
2014 Reconstruction of Curbs, Gutters and Sidewalks
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contracto r.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00002 Signature Page
Document 00003 Project Directory
Document 00012 Caltrans/City Cross-Reference Table
Document 00100 Advertisement For Bids
Document 00200 Instructions to Bidders
Document 00210 Indemnity and Release Agreement
Document 00400 Bid Form
Document 00411 Bond Accompanying Bid
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00520 Contract
Document 00530 Insurance Forms
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Traffic Control Requirements
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specifications
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract
Documents may only be amended, modified or supplemented as provided in Document 00700 (General
Provisions).
Project No. 2014-02
City of Cupertino 00520 - 4 Contract
2014 Reconstruction of Curbs, Gutters and Sidewalks
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of Industrial Relations,
are deemed included in the Contract Documents and on file at City’s office, or may be obtained of the State of
California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise included in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims
Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
Project No. 2014-02
City of Cupertino 00520 - 5 Contract
2014 Reconstruction of Curbs, Gutters and Sidewalks
IN WITNESS WHEREOF the parties have executed this Contract in triplicate the day and year first above written.
2014 RECONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Grace Schmidt
Approved as to form by City Attorney: Title:
______________________________________________
[If Corporation: Chairman , President, or Vice President]
City Attorney: Carol Korade By:
I hereby certify, under penalty of perjury, that Timm Borden,
Director of Public Works of the City of Cupertino was duly
authorized to execute this document.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
David Brandt, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
________________________________________________
State Contractor’s License No. Classification
________________________________________________
Expiration Date
Designated Representative: Taxpayer ID No._________________________________
Name: Roger Lee Name:
Title: Assistant Director of Public Works Title:
Address: 10300 Torre Ave., Cupertino, CA 95014 Address:
Phone: 408-777-3269 Phone:
Facsimile: 408-777-3354 Facsimile:
AMOUNT:
ACCOUNT NUMBER:
ACCOUNT NUMBER:
FILE NO.:
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0281 Name:
Status:Type:Public Hearing Agenda Ready
File created:In control:6/24/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Appeal of a Planning Commission approval of a proposed day care center, Little Tree
Montessori, at 20111 Stevens Creek Boulevard.
Description:
Application No(s).: U-2014-01, ASA-2014-05
Applicant(s): Janice Yeh (Little Tree Montessori)
Appellant(s): Julie Mercik (Arbor Professional Center II), Carl Tucci
Location: 20111 Stevens Creek Blvd #130 & #150
Appeal of the Planning Commission's approval of a Use Permit to allow the conversion of
approximately 7,500 square feet of office space at an existing two-story office building into day care
use and an Architectural and Site approval to allow a play area, landscape enhancements and
associated site improvements for the new day care use
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution (U-2014-01)
B - Draft Resolution (ASA-2014-05)
C - Planning Commission Resolution No. 6749 (file no. U-2014-01)
D - Planning Commission Resolution No. 6750 (file no. ASA-2014-05)
E - Planning Commission staff report dated January June 8, 20143
F - Letters from Carl Tucci dated June 1, 2014 and June 8, 2014
G - Planning Commission draft meeting minutes from June 9, 2014
H - Appeal document from Carl Tucci
I - Appeal document from Julie Mercik
J - Planning Commission-approved plans
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :AppealofaPlanningCommissionapprovalofaproposeddaycarecenter,LittleTree
Montessori, at 20111 Stevens Creek Boulevard.
Description:
Application No(s).: U-2014-01, ASA-2014-05
Applicant(s): Janice Yeh (Little Tree Montessori)
Appellant(s): Julie Mercik (Arbor Professional Center II), Carl Tucci
Location: 20111 Stevens Creek Blvd #130 & #150
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 2
powered by Legistar™
File #:14-0281,Version:1
AppealofthePlanningCommission'sapprovalofaUsePermittoallowtheconversionof
approximately7,500squarefeetofofficespaceatanexistingtwo-storyofficebuildingintoday
careuseandanArchitecturalandSiteapprovaltoallowaplayarea,landscapeenhancements
and associated site improvements for the new day care use
ConductthehearingandadoptdraftResolutionNos.14-178and14-179denyingtheappeal
andupholdingthePlanningCommission’sJune9,2014approvalofaUsePermit(U-2014-01)
and Architectural and Site approval (ASA-2014-05) (Attachments A & B)
CITY OF CUPERTINO Printed on 7/9/2014Page 2 of 2
powered by Legistar™
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
Appeal of a Planning Commission approval of a proposed day care center, Little Tree
Montessori, at 20111 Stevens Creek Boulevard.
Recommended Action
Staff recommends that the City Council hear the appeal and uphold the Planning
Commission’s June 9, 2014 decision to approve the project, based upon the referenced
attachments including the draft resolutions (Attachments A and B) and the record of
this proceeding.
Description
Appeal of the Planning Commission’s June 9, 2014 approval of the following
applications:
1. Use Permit (U-2014-01) to convert approximately 7,500 square feet of office space at
an existing two-story office building into a day care use. (Attachment C - Planning
Commission Resolution No. 6749);
2. Architectural and Site Approval application (ASA-2014-05) to allow an outdoor play
area, landscape enhancements, and associated site improvements for a new day care
use at an existing office building. (Attachment D - Planning Commission Resolution
No. 6750);
Appellants: Carl Tucci
Julie Mercik
Applicant: Little Tree Montessori (Janice Yeh)
Location: 20111 Stevens Creek Boulevard (APN 316-23-026)
Discussion
A. Background
On June 9, 2014, the Planning Commission, on a 4-1 vote (Lee voting no), approved the
project per Resolution Nos. 6749 and 6750 (Attachments C and D) to convert
approximately 7,500 square feet of office space at an existing two-story office building
into a day care use and to allow an outdoor play area, landscape enhancements, and
associated site improvements. Please refer to Attachments E, F, G, and J for the
Planning Commission staff report, letters from Carl Tucci, draft meeting minutes, and
approved plan set, respectively.
On June 23, 2014, the property owner of the adjacent site to the west, Carl Tucci,
appealed the Planning Commission’s decision (Attachment H). A separate appeal was
submitted, also on June 23, 2014, by Julie Mercik of Ritchie Commercial representing the
property owners of 20065 and 20045 Stevens Creek Boulevard (Attachment I).
B. Basis of Appeal
The appellants are appealing the Planning Commission's decision to approve the
project based on the contention that the addition of the day care will lower the value
and marketability of their respective properties. Specifically, the appellants argue that:
Noise impacts from the play area are significant and in violation of the City’s noise
ordinance. (Tucci)
A day care use at the site is contradictory to the Heart of the City Specific Plan’s goal
of maintaining Stevens Creek Boulevard as a commercial corridor. (Tucci & Mercik)
The increase in trip generation and reduction in parking spaces resulting from the
addition of the outdoor play area will saturate the existing reciprocal access
easement which runs through 20065 and 20045 Stevens Creek Boulevard with traffic
and cause a spillover of parking onto the neighboring streets and parcels. (Tucci &
Mercik)
The City must require the applicant to negotiate an easement with the owner of
20149 Stevens Creek Boulevard, Carl Tucci, to provide access to Randy Lane in order
to alleviate traffic congestion on the existing reciprocal access easement. (Mercik)
C. Discussion of Issues Raised in Appeal
The following discussion addresses the four issues listed above and included in the
appellants’ letters of appeal.
Noise
Noise generated from the day care center and its play area are well within the
City’s noise standards and will not have a significant impact on the surrounding
uses.
The appellant, Mr. Tucci, is concerned that the noise originating from the proposed
play area adjacent to his property will negatively impact his parcel and violate the
City of Cupertino’s Municipal Code Section 10.48.040 Daytime and Nighttime
Maximum Noise Levels. Based on the noise study completed for the project by the
City’s noise consultant, the proposed day care activities would create intermittent
outdoor noise levels of 50 to 65 dBA at a distance of 35 to 50 feet from children’s
voices and activities. Section 10.48.040 provides that the acceptable daytime noise
level for nonresidential uses is 65 dBA at complaint site of receiving property while
Section 10.48.050 allows noise incidents that last less than 15 minutes during any two
hour period to be 5 dBA higher than long-term general limits. Furthermore, Section
6: Health and Safety of the City of Cupertino’s General Plan identifies acceptable noise
exposure for office buildings, commercial and professional centers as 70 dB A. The
noise study concludes that given the limited schedule of the outdoor activities and
the distance between the daycare to the adjacent residential, office and commercial
uses, the project is not anticipated to generate significant noise impacts and is within
the City’s noise standards.
Non-Retail Use
The Heart of the City allows for a limited amount of non-retail uses along the
corridor.
The appellants argue that the addition of a day care center along Stevens Creek
Boulevard is contradictory to the Heart of the City (HOC) Specific Plan’s goal of
maintaining Stevens Creek Boulevard as a commercial corridor. According to the
HOC Specific Plan, non-retail uses such as professional offices, daycares or nurseries
are permitted with a Conditional Use Permit and are physically limited to
occupying no more than 25% of the total building frontage along Stevens Creek
Boulevard and/or 50% of the rear of the building. The proposed daycare use is
within the required physical envelope prescribed by the HOC; although, the existing
building currently consists of 100% non-retail professional office uses. The building
was constructed prior to the adoption of the HOC Specific Pl an, and therefore
predates the non-retail limitation, and has consistently been occupied and utilized as
an office building. The City has in the past approved similar requests for daycare
uses to be established in existing non-retail oriented locations and buildings within
the HOC area. These include the Kiddie Academy at 19875 Stevens Creek
Boulevard, Sunflower Learning Center at 19220 Stevens Creek Boulevard, Delight
Montessori at 20299 Stevens Creek Boulevard, and Little Tree Montessori (the
applicant) at 20100 Stevens Creek Boulevard. The Little Tree Montessori will be
vacating the current facility and removing all improvements, including the play
area, returning the site to an office/retail use. Other day cares also exist along other
major thoroughfares within the vicinity of Stevens Creek Boulevard which include
Happy Days Child Development Center at 10115 Saich Way, Little Village at 10100
N. Stelling Road, and Kinderland Child Development Center at 10352 N. Stelling
Road.
Traffic/Circulation
The parking supply on site will accommodate the parking demand and the
anticipated trip generation will not decrease the Level of Service (LOS) along the
neighboring streets nor significantly impact any existing ingress/egress easement.
The appellants both are concerned that the day care center will saturate the existing
ingress/egress easement with traffic and cause a spillover of parking onto the
neighboring streets and parcels. Based on the City’s parking standards outlined in
the City of Cupertino’s Municipal Code Chapter 19.124, the daycare center
combined with the remaining office uses on site, are required to provide eighty-nine
(89) spaces. The trip generation and parking study completed by Hexagon
Transportation Consultants concluded that the 90 spaces proposed on site would
provide an adequate amount of parking to serve the existing tenants in addition to
the proposed daycare parking demand. It also concluded that the collective impact
of the day care center and development along Stevens Creek Boulevard will not
decrease the LOS along the corridor and neighboring streets during its hours of
operation.
Ms. Mercik states in her letter of appeal that traffic on the ingress/egress easement
running through her client’s property will increase by approximately 90 more trips
during the peak hours. The project trip generation and parking study identify a total
number of 90 vehicle trips during peak hours; however, all 90 trips are not
anticipated to enter and exit the site from Portal Avenue through the cross access
easement. The most direct access to the daycare center is from Stevens Creek
Boulevard, where the majority of the daycare patrons would likely use.
Furthermore, Condition 8 of Resolution No. 6749 requires Little Tree Montessori to
submit a children pick-up and drop-off plan to “delineate general pedestrian/vehicular
safety guidelines for parents, appropriate directional signs/parking lot striping (as needed)
and parking lot safety measures to include a traffic safety conductor be present in the parking
lot to monitor and direct all vehicular activities” during the hours of operation. The
Planning Commission recommended that the applicant strongly encourage parents
in this plan to use the Stevens Creek Boulevard entrance while dropping-off and
picking-up their children.
The City does not have the ability to require an easement on an adjacent parcel
not part of the proposed project.
Ms. Mercik has requested that the City require the applicant to negotiate an
easement with the owner of 20149 Stevens Creek Boulevard, Carl Tucci, to provide
access to Randy Lane in order to alleviate traffic congestion on the easement which
runs through 20065 and 20045 Stevens Creek Boulevard. Currently the project site
has a recorded easement to allow reciprocal access with 20149 Stevens Creek
Boulevard (recorded as a condition of approval for the previous use permit for the
site; U-1980-32). As part of the development review process a project is proposed at
20149 Stevens Creek Boulevard, the City will require the property owner to record a
reciprocal access easement with the daycare center site, allowing access to Randy
Lane.
Permit Streamlining Act
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –
65964). The City has complied with the deadlines found in the Permit Streamlining Act.
Project received: May 5, 2014
Deemed complete: May 19, 2014
Planning Commission decision on the project: June 9, 2014
The Planning Commission has made a decision within 60 days of the application being
deemed complete. Appeals are not subject to the time limits in the Permit Streamlining
Act. Pursuant to CMC section 19.12.170(E), the City Council’s decision on this project
will be final and effective immediately.
Noticing
The following table summarizes the noticing for the July 15, 2014 Council meeting:
Notice Agenda
64 public hearing notices mailed to
property owners within 300 feet of the
project site (10 days prior to the hearing)
Legal ad placed in newspaper
(at least 10 days prior to the hearing)
Posted on the City's official notice bulletin
board (one week prior to the hearing)
Posted on the City of Cupertino’s Web site
(one week prior to the hearing)
No public comments were received at the time of staff report production.
_________________________________
Prepared by: Gian Paolo Martire, Assistant Planner & Rebecca Tolentino, Senior
Planner
Reviewed by: Gary Chao, Assistant Director of Community Development and Aarti
Shrivastava, Community Development Director
Approved for Submission by: David Brandt, City Manager
Attachments:
A - U-2014-01 draft City Council Resolution
B - ASA-2014-05 draft City Council Resolution
C - Planning Commission Resolution No. 6749 (file no. U-2014-01)
D - Planning Commission Resolution No. 6750 (file no. ASA-2014-05)
E - Planning Commission staff report dated June 8, 2014
F - Letters from Carl Tucci dated June 1, 2014 and June 8, 2014
G - Planning Commission draft meeting minutes from June 9, 2014
H - Appeal document from Carl Tucci
I - Appeal document from Julie Mercik
J - Planning Commission-approved plans
U-2014-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 14-_______
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING AN APPEAL AND UPHOLDING
THE PLANNING COMMISSION’S JUNE 9, 2014 APPROVAL OF A USE PERMIT TO CONVERT
APPROXIMATELY 7,500 SQUARE FEET OF OFFICE SPACE AT AN EXISTING TWO-STORY OFFICE
BUILDING INTO A DAY CARE USE LOCATED AT 20111 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2014-01
Applicant: Janice Yeh (Little Tree Bilingual Montessori)
Property Owner: Trans-Continental Real Estate Investment Corporation
Appellants: Carl Tucci
Julie Mercik
Location: 20111 Stevens Creek Boulevard (APN 316-23-026)
SECTION II: FINDINGS FOR USE/PLANNED DEVELOPMENT PERMIT:
WHEREAS, the City Council of the City of Cupertino has received an appeal of the Planning
Commission’s June 9, 2014 approval of a Use Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
a) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
The project is consistent with all aspects of the City’s Ordinance. The site is sufficiently parked. A traffic
and noise analysis have been prepared confirming that the project will not have any significant traffic and
noise impacts to the surrounding area.
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City’s zoning ordinances, and the purpose of
this title and complies with the California Environmental Quality Act (CEQA).
The proposed project is consistent with the provisions setforth in the Heart of the City Specific Plan.
Resolution No. 14-_____ U-2014-01 July 15, 2014
Page - 2 -
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof,:
The appeal of the application for a Use Permit, Application no. U-2014-01 is hereby denied, and the
Planning Commission’s June 9, 2014 approval is hereby upheld, and that the subconclusions upon
which the findings and conditions specified in this resolution are based and contained in the Public
Hearing record concerning Application no. U-2014-01 as set forth in the Minutes of Planning
Commission Meeting of June 9, 2014 and City Council Meeting of July 15, 2014, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. DEVELOPMENT APPROVAL
Approval is granted for a child care facility with a capacity of 125 students. The actual capacity of
children at the facility maybe further restricted based on Fire Department, Building Department, CA
Department of Social Services, CA Department of Education or other relevant agencies
requirements. Appropriate licensing/registration from the Community Care Licensing Department
and/or other relevant County/State agencies shall be obtained prior to commencement of the
operation. Any future modifification or intensification to the project shall require additional City
review and a new Use Permit application.
2. APPROVED EXHIBITS
This approval is based on Exhibits titled “Little Tree Bilingual Montessori” prepared by the
applicant consisting of seven pages and “Little Tree Montessori New Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA 95014” prepared by Adaptive
Architecture dated May 30, 2014 consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, and the
business plan labeled “Little Tree Montessori” consisting of seven pages except as may be amended
by the Conditions contained in this Resolution.
Planning Staff has the ability to approve minor modifications to the business plan as long as the
changes are consistent with any applicable Building and/or Fire Codes (including but not limited to
accessibility, fire safety, and building occupancy and other appropriate agencies).
3. USE PERMIT
The applicant submits this Conditional Use Permit Approval only on behalf of Little Tree Bilingual
Montessori business and agrees that it shall expire upon the termination of said business, or the
term of this Conditional Use Permit, which ever comes first.
4. EXPIRY DATE
If the use for which this Conditional Use Permit is granted but is not commenced or is utilized but
ceases or is suspended for one year or more, this permit shall be deemed expired and a new use
permit application must be applied for and obtained.
Resolution No. 14-_____ U-2014-01 July 15, 2014
Page - 3 -
5. NOISE CONTROL
The outdoor play area schedule shall be limited as indicated in the Business Plan. The noise levels
shall not exceed those as listed in Chapter 10.48 of the Cupertino Municipal Code, unless approved
by special exception by the Noise Control Officer. The applicant may have to conduct future tests to
verify they are complying with the ordinance at the request of the Community Development
Director. The Planning Commission may limit the number of children allowed in the outside play
yard in the event that the noise levels at the site violate City standard noise levels.
6. ACCESS EASEMENTS
The property owner shall record an appropriate deed restriction and covenant running with the
land, subject to approval of the City Attorney, providing for vehicular easements to adjoining parcel
at 10080 Randy Lane (APN: 316-23-017) to be implemented at such time that the City can require the
same of adjacent property owner. The easement shall be recorded prior to final occupancy of site
permits.
In addition, the property owner shall participate in the existing reciprocal ingress/egress covenant
with the adjoining property owner at 20149 Stevens Creek Boulevard (APN: 316-23-027) at such time
in the future the City can require the same of said parcel.
7. RECIPRICOL ACCESS EASEMENT
In addition to maintaining the current recorded recipricol access easements on the property, the
property owner shall record an appropriate deed restriction and covenant running with the land,
subject to approval of the City Attorney, allowing recipricol access along the northern portion of the
property for 10080 Randy Lane (APN: 316-23-017) to be implemented at such time that the City can
require the same of adjacent property owner. The easement shall be recorded prior to final
occupancy of site permits.
8. CHILDREN PICK-UP AND DROP-OFF PLAN
In order to ensure the safety of children and vehicle movements during the pick-up and drop-off
periods, the applicant shall submit a children pick-up and drop-off plan to the City for review and
approval prior to the release of final occupancy. Such plan shall delineate general
pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot striping
(as needed) and parking lot safety measures to include a traffic safety conductor be present in the
parking lot to monitor and direct all vehicular activities during the following hours of operation:
8:00 a.m. to 9:30 a.m.
12:00 p.m. to 12:30 p.m.
5:00 p.m. to closing
In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised
plan to the City for approval.
9. RECYCLING OF DEMOLISHED BUILDING MATERIALS
Demolished building materials shall be recycled to the maximum extent possible.
Resolution No. 14-_____ U-2014-01 July 15, 2014
Page - 4 -
10. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to the
satisfaction of the Planning Division.
11. SIGNS
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code and requires a separate sign permit.
12. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director, substantial evidence indicates that the conditions of the conditional use
permit has not been implemented, or where the permit is being conducted in a manner detrimental
to the public health, safety, and welfare, in accord with the requirements of Chapter 19.124.
13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
the project’s main driveway with a standard driveway approach. This work will require removal of
landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken
and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified
by the City Engineer.
2. DRAINAGE
Demonstrate the proposed playground area will not block existing and future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3. ENCROACHMENT PERMIT
The project developer shall obtain an encroachment permit with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees, fees for under grounding of utilities, and provide necessary bond for the proposed
street improvements.
-The fees are imposed based upon the current fee schedule adopted by the City Council.
However, the fees imposed herein may be modified at the time of recordation of a final map
Resolution No. 14-_____ U-2014-01 July 15, 2014
Page - 5 -
or issuance of a building permit. In the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
4. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
5. TRASH ENCLOSURES
A trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
6. REFUSE TRUCK ACCESS
Developer shall obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
7. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity that disturbs soil. BMP plans shall be included in grading and street
improvement plans.
8. EROSION CONTROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer. This plan
shall include all erosion control measures used to retain materials on site. Erosion control notes
shall be stated on the plans.
9. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
10. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
11. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Resolution No. 14-_____ U-2014-01 July 15, 2014
Page - 6 -
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100’ of a Fire Hydrant).
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
PASSED AND ADOPTED this 15th day of July, 2014, Regular Meeting of the City Council of the City of
Cupertino, State of California, by the following roll call vote:
AYES: CITY COUNCIL MEMBERS:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino
G:\Planning\PDREPORT\RES\2014\U-2014-01 res.doc
ASA-2014-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION 14- _______.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING AN APPEAL AND UPHOLDING
THE PLANNING COMMISSION’S JUNE 9, 2014 APPROVAL OF AN ARCHITECTURAL AND SITE
APPROVAL PERMIT TO ALLOW AN OUTDOOR PLAY AREA, LANDSCAPE ENHANCEMENTS,
AND ASSOCIATED SITE IMPROVEMENTS FOR A NEW DAY CARE USE AT AN EXISTING OFFICE
BUILDING LOCATED AT 20111 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2014-05
Applicant: Janice Yeh (Little Tree Bilingual Montessori)
Property Owner: Trans-Continental Real Estate Investment Corporation
Appellants: Carl Tucci
Julie Mercik
Location: 20111 Stevens Creek Boulevard (APN 316-23-026)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino has received an appeal of the Planning
Commission’s June 9, 2014 approval of an Architectural and Site Approval as described in Section I. of
this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
The project has satisfied all aspects of the City’s Ordinance. The project is sufficiently parked. A traffic and
noise analysis has been prepared confirming that the project will not cause significant impacts to the
surrounding area.
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, conditional use
permits, exceptions, subdivision maps or other entitlements to use which regulate the subject
property including, but not limited to, adherence to the following specific criteria:
Resolution No. 14-______ ASA-2014-05 July 15, 2014
Page - 2 -
a) Only minor changes have been proposed to the existing building that do not affect the overall
architectural quality of the building. The project is not proposing to significant alter the exterior
of the existing two-story office building. Only the necessary site and building
modifications/improvements associated with the daycare operation are proposed.
b) Design harmony between new and existing buildings have been preserved and the materials,
and with the future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of the proposed site improvements, landscaping
features, and play area fencing harmonize with adjacent developments and are designed to
complement the existing surrounding professional and commercial uses.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
The appeal of the application for an Architectural and Site Approval, Application no. ASA-2014-05 is
hereby denied, and the Planning Commission’s June 9, 2014 approval is hereby upheld, and that the
subconclusions upon which the findings and conditions specified in this resolution are based and
contained in the Public Hearing record concerning Application no. ASA-2014-05 as set forth in the
Minutes of Planning Commission Meeting of June 9, 2014 and City Council Meeting of July 15, 2014, and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled “Little Tree Bilingual Montessori” prepared by the
applicant consisting of seven pages and “Little Tree Montessori New Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA 95014” prepared by Adaptive
Architecture dated May 30, 2014 consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, except as
may be amended by the Conditions contained in this Resolution.
Planning Staff has the ability to approve minor modifications to the business plan as long as the
changes are consistent with any applicable Building and/or Fire Codes (including but not limited to
accessibility, fire safety, and building occupancy and other appropriate agencies).
2. PARKING LOT RESTORATION
In the event, Little Tree Bilingual Montessori business terminates, the applicant and/or property
owner shall be required to removal all outdoor apperatuses associated with the daycare operation,
including but not limited to, play structures, fencing, canopies, and/or other pertinent
improvements. The applicant shall be responsible to restore the parking lot to comply with the
City’s Parking Ordinance.
3. UTILITY STRUCTURES
All new utility structures will be required to be located underground or screened from public view.
Resolution No. 14-______ ASA-2014-05 July 15, 2014
Page - 3 -
4. BICYCLE PARKING
The applicant shall provide a Class I bicycle parking facility for the proposed project in accordance
with the City’s Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code.
5. LANDSCAPE SCREENING
The landscape screening solution along Stevens Creek Boulevard shall be reviewed and approved
by the Director of Community Development. Consideration shall be given to the appropriate
planting specie, number, height and location in order to ensure that the landscaping features are
consistent and compatible with the business and office environment along Stevens Creek Boulevard
frontage.
6. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15).
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit.”
7. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, or with the landscape installation report.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices. Maintenance shall also include pruning of the screen
shrubs along Stevens Creek Boulevard so as not to exceed the height of the wrought iron fence in
accordance with Condition 5 of this Resolution.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
Resolution No. 14-______ ASA-2014-05 July 15, 2014
Page - 4 -
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
the project’s main driveway with a standard driveway approach. This work will require removal of
landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken
and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified
by the City Engineer.
2. DRAINAGE
Demonstrate the proposed playground area will not block existing and future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3. ENCROACHMENT PERMIT
The project developer shall obtain an encroachment permit with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees, fees for under grounding of utilities, and provide necessary bond for the proposed
street improvements.
-The fees are imposed based upon the current fee schedule adopted by the City Council.
However, the fees imposed herein may be modified at the time of recordation of a final map
or issuance of a building permit in the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
4. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
5. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
6. REFUSE TRUCK ACCESS
Developer shall must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
7. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity, which disturbs soil. BMP plans shall be included in grading and street
improvement plans.
Resolution No. 14-______ ASA-2014-05 July 15, 2014
Page - 5 -
8. EROSION CONTROL PLAN
Developer shall must provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site. Erosion
control notes shall be stated on the plans.
9. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
10. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
11. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100’ of a Fire Hydrant).
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
Resolution No. 14-______ ASA-2014-05 July 15, 2014
Page - 6 -
PASSED AND ADOPTED this 15th day of July, 2014, Regular Meeting of the City Council of the City of
Cupertino, State of California, by the following roll call vote:
AYES: CITY COUNCIL MEMBERS:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino
U-2014-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6749
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
A USE PERMIT TO CONVERT APPROXIMATELY 7,500 SQUARE FEET OF OFFICE
SPACE AT AN EXISTING TWO-STORY OFFICE BUILDING INTO A DAY CARE
USE LOCATED AT 20111 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: U-2014-01
Applicant: Janice Yeh (Little Tree Bilingual Montessori)
Property Owner: Trans-Continental Real Estate Investment Corporation
Location: 20111 Stevens Creek Boulevard (APN 316-23-026)
SECTION II: FINDINGS FOR USE/PLANNED DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
The project is consistent with all aspects of the City’s Ordinance. The site is sufficiently parked. A traffic
and noise analysis have been prepared confirming that the project will not have any significant traffic and
noise impacts to the surrounding area.
b) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of the City’s zoning ordinances, and the purpose of
this title and complies with the California Environmental Quality Act (CEQA).
The proposed project is consistent with the provisions setforth in the Heart of the City Specific Plan.
Resolution No.6749 U-2014-01 June 9, 2014
Page - 2 -
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof,:
The application for a Use Permit, Application no. U-2014-01 is hereby approved, and that the
subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application no. U-2014-01 as set forth in the Minutes
of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. DEVELOPMENT APPROVAL
Approval is granted for a child care facility with a capacity of 125 students. The actual capacity of
children at the facility maybe further restricted based on Fire Department, Building Department, CA
Department of Social Services, CA Department of Education or other relevant agencies
requirements. Appropriate licensing/registration from the Community Care Licensing Department
and/or other relevant County/State agencies shall be obtained prior to commencement of the
operation. Any future modifification or intensification to the project shall require additional City
review and a new Use Permit application.
2. APPROVED EXHIBITS
This approval is based on Exhibits titled “Little Tree Bilingual Montessori” prepared by the
applicant consisting of seven pages and “Little Tree Montessori New Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA 95014” prepared by Adaptive
Architecture dated May 30, 2014 consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, and the
business plan labeled “Little Tree Montessori” consisting of seven pages except as may be amended
by the Conditions contained in this Resolution.
Planning Staff has the ability to approve minor modifications to the business plan as long as the
changes are consistent with any applicable Building and/or Fire Codes (including but not limited to
accessibility, fire safety, and building occupancy and other appropriate agencies).
3. USE PERMIT
The applicant submits this Conditional Use Permit Approval only on behalf of Little Tree Bilingual
Montessori business and agrees that it shall expire upon the termination of said business, or the
term of this Conditional Use Permit, which ever comes first.
4. EXPIRY DATE
If the use for which this Conditional Use Permit is granted but is not commenced or is utilized but
ceases or is suspended for one year or more, this permit shall be deemed expired and a new use
permit application must be applied for and obtained.
5. NOISE CONTROL
The outdoor play area schedule shall be limited as indicated in the Business Plan. The noise levels
shall not exceed those as listed in Chapter 10.48 of the Cupertino Municipal Code, unless approved
Resolution No.6749 U-2014-01 June 9, 2014
Page - 3 -
by special exception by the Noise Control Officer. The applicant may have to conduct future tests to
verify they are complying with the ordinance at the request of the Community Development
Director. The Planning Commission may limit the number of children allowed in the outside play
yard in the event that the noise levels at the site violate City standard noise levels.
6. ACCESS EASEMENTS
The property owner shall record an appropriate deed restriction and covenant running with the
land, subject to approval of the City Attorney, providing for vehicular easements to adjoining parcel
at 10080 Randy Lane (APN: 316-23-017) to be implemented at such time that the City can require the
same of adjacent property owner. The easement shall be recorded prior to final occupancy of site
permits.
In addition, the property owner shall participate in the existing reciprocal ingress/egress covenant
with the adjoining property owner at 20149 Stevens Creek Boulevard (APN: 316-23-027) at such time
in the future the City can require the same of said parcel.
7. RECIPRICOL ACCESS EASEMENT
In addition to maintaining the current recorded recipricol access easements on the property, the
property owner shall record an appropriate deed restriction and covenant running with the land,
subject to approval of the City Attorney, allowing recipricol access along the northern portion of the
property for 10080 Randy Lane (APN: 316-23-017) to be implemented at such time that the City can
require the same of adjacent property owner. The easement shall be recorded prior to final
occupancy of site permits.
8. CHILDREN PICK-UP AND DROP-OFF PLAN
In order to ensure the safety of children and vehicle movements during the pick-up and drop-off
periods, the applicant shall submit a children pick-up and drop-off plan to the City for review and
approval prior to the release of final occupancy. Such plan shall delineate general
pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot striping
(as needed) and parking lot safety measures to include a traffic safety conductor be present in the
parking lot to monitor and direct all vehicular activities during the following hours of operation:
8:00 a.m. to 9:30 a.m.
12:00 p.m. to 12:30 p.m.
5:00 p.m. to closing
In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised
plan to the City for approval.
9. RECYCLING OF DEMOLISHED BUILDING MATERIALS
Demolished building materials shall be recycled to the maximum extent possible.
10. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to the
satisfaction of the Planning Division.
Resolution No.6749 U-2014-01 June 9, 2014
Page - 4 -
11. SIGNS
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code and requires a separate sign permit.
12. REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director, substantial evidence indicates that the conditions of the conditional use
permit has not been implemented, or where the permit is being conducted in a manner detrimental
to the public health, safety, and welfare, in accord with the requirements of Chapter 19.124.
13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
the project’s main driveway with a standard driveway approach. This work will require removal of
landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken
and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified
by the City Engineer.
2. DRAINAGE
Demonstrate the proposed playground area will not block existing and future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3. ENCROACHMENT PERMIT
The project developer shall obtain an encroachment permit with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees, fees for under grounding of utilities, and provide necessary bond for the proposed
street improvements.
-The fees are imposed based upon the current fee schedule adopted by the City Council.
However, the fees imposed herein may be modified at the time of recordation of a final map
or issuance of a building permit. In the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
Resolution No.6749 U-2014-01 June 9, 2014
Page - 5 -
4. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
5. TRASH ENCLOSURES
A trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
6. REFUSE TRUCK ACCESS
Developer shall obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
7. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity that disturbs soil. BMP plans shall be included in grading and street
improvement plans.
8. EROSION CONTROL PLAN
Developer shall provide an approved erosion control plan by a Registered Civil Engineer. This plan
shall include all erosion control measures used to retain materials on site. Erosion control notes
shall be stated on the plans.
9. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
10. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
11. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100’ of a Fire Hydrant).
Resolution No.6749 U-2014-01 June 9, 2014
Page - 6 -
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
PASSED AND ADOPTED this 9th day of June, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Sun, Gong, Takahashi
NOES: COMMISSIONERS: Vice Chair Lee
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Paul Brophy
Gary Chao Paul Brophy, Chair
Assistant Director of Community Development Cupertino Planning Commission
G:\Planning\PDREPORT\RES\2014\U-2014-01 res.doc
ASA-2014-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6750
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING
AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW AN OUTDOOR
PLAY AREA, LANDSCAPE ENHANCEMENTS, AND ASSOCIATED SITE
IMPROVEMENTS FOR A NEW DAY CARE USE AT AN EXISTING OFFICE BUILDING
LOCATED AT 20111 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2014-05
Applicant: Janice Yeh (Little Tree Bilingual Montessori)
Property Owner: Trans-Continental Real Estate Investment Corporation
Location: 20111 Stevens Creek Boulevard (APN 316-23-026)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
The project has satisfied all aspects of the City’s Ordinance. The project is sufficiently parked. A traffic and
noise analysis has been prepared confirming that the project will not cause significant impacts to the
surrounding area.
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, conditional use
permits, exceptions, subdivision maps or other entitlements to use which regulate the subject
property including, but not limited to, adherence to the following specific criteria:
a) Only minor changes have been proposed to the existing building that do not affect the overall
architectural quality of the building. The project is not proposing to significant alter the exterior
Resolution No. 6750 ASA-2014-05 June 9, 2014
Page - 2 -
of the existing two-story office building. Only the necessary site and building
modifications/improvements associated with the daycare operation are proposed.
b) Design harmony between new and existing buildings have been preserved and the materials,
and with the future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of the proposed site improvements, landscaping
features, and play area fencing harmonize with adjacent developments and are designed to
complement the existing surrounding professional and commercial uses.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2014-05 is hereby approved,
and that the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application no. ASA-2014-05 as set forth in
the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled “Little Tree Bilingual Montessori” prepared by the
applicant consisting of seven pages and “Little Tree Montessori New Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA 95014” prepared by Adaptive
Architecture dated May 30, 2014 consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, except as
may be amended by the Conditions contained in this Resolution.
Planning Staff has the ability to approve minor modifications to the business plan as long as the
changes are consistent with any applicable Building and/or Fire Codes (including but not limited to
accessibility, fire safety, and building occupancy and other appropriate agencies).
2. PARKING LOT RESTORATION
In the event, Little Tree Bilingual Montessori business terminates, the applicant and/or property
owner shall be required to removal all outdoor apperatuses associated with the daycare operation,
including but not limited to, play structures, fencing, canopies, and/or other pertinent
improvements. The applicant shall be responsible to restore the parking lot to comply with the
City’s Parking Ordinance.
3. UTILITY STRUCTURES
All new utility structures will be required to be located underground or screened from public view.
4. BICYCLE PARKING
The applicant shall provide a Class I bicycle parking facility for the proposed project in accordance
with the City’s Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code.
Resolution No. 6750 ASA-2014-05 June 9, 2014
Page - 3 -
5. LANDSCAPE SCREENING
The landscape screening solution along Stevens Creek Boulevard shall be reviewed and approved
by the Director of Community Development. Consideration shall be given to the appropriate
planting specie, number, height and location in order to ensure that the landscaping features are
consistent and compatible with the business and office environment along Stevens Creek Boulevard
frontage.
6. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15).
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit.”
7. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, or with the landscape installation report.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices. Maintenance shall also include pruning of the screen
shrubs along Stevens Creek Boulevard so as not to exceed the height of the wrought iron fence in
accordance with Condition 5 of this Resolution.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
the project’s main driveway with a standard driveway approach. This work will require removal of
landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken
Resolution No. 6750 ASA-2014-05 June 9, 2014
Page - 4 -
and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified
by the City Engineer.
2. DRAINAGE
Demonstrate the proposed playground area will not block existing and future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3. ENCROACHMENT PERMIT
The project developer shall obtain an encroachment permit with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees, fees for under grounding of utilities, and provide necessary bond for the proposed
street improvements.
-The fees are imposed based upon the current fee schedule adopted by the City Council.
However, the fees imposed herein may be modified at the time of recordation of a final map
or issuance of a building permit in the event of said change or changes, the fees changed at
that time will reflect the then current fee schedule.
4. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
5. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department is needed prior to obtaining a building
permit.
6. REFUSE TRUCK ACCESS
Developer shall must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
7. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity, which disturbs soil. BMP plans shall be included in grading and street
improvement plans.
8. EROSION CONTROL PLAN
Developer shall must provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site. Erosion
control notes shall be stated on the plans.
Resolution No. 6750 ASA-2014-05 June 9, 2014
Page - 5 -
9. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
10. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
11. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100’ of a Fire Hydrant).
12. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
14. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
PASSED AND ADOPTED this 9th day of June, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Gary Chao /s/Paul Brophy
Gary Chao Paul Brophy, Chair
Assistant Director of Community Development Cupertino Planning Commission
PLANNING COMMISSION STAFF REPORT
Agenda Item No. Agenda Date:June 9, 2014
Applications:U-2014-01, ASA-2014-05
Applicant:Janice Yeh(Little Tree Bilingual Montessori)
Location:20111 Stevens Creek Boulevard(APN316-23-026)
APPLICATION SUMMARY:
1.Conditional Use Permit (U-2014-01)to convert approximately 7,500square of office space at an
existing two-story office buildinginto a day care use.
2.Architecturaland Site Approval (ASA-2014-05) to allow a play area, landscapeenhancements,
and associated site improvements for a new day care use at an existing office building.
RECOMMENDATION:
Staffrecommends that the Planning Commissionapprove the following:
1.Conditional Use Permit (U-2014-01); and
2.Architectural and Site Approval (ASA-2014-05) in accordance with the draft resolutions.
PROJECT DATA:
General Plan Designation Commercial/Office/Residential
Zoning Designation Heart of the City
Lot Size 78, 400 sq. ft. (1.79 acres)
Building Area 26,083 sq,ft.
Proposed Number of Children and
Staff
125 Children and 12 Staff
Proposed Hours of Operation 7:30am to 6:30pm, Monday throughFriday
Project Feature Required Proposal Consistent with City
Ordinance?
Parking
Office 60 61 Yes
Medical 9 9 Yes
Day Care 20 20 Yes
Total 89 90 Yes
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
408) 777-3308 • FAX (408) 777-3333
U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014
BACKGROUND:
Application Request
The applicant, Janice Yeh, representing Little Tree BilingualMontessoriis requesting a Conditional Use
Permit and an Architectural and Site Approval to convert approximately 7,500 square feet of office space
for classrooms and approximately 6,750 squarefeet of existing parking lot into a play area for a day care
centerproposedat an existing two-story office building.Since 2009, Little Tree Bilingual Montessori has
been located across the street at 20100 Stevens Creek Boulevardand now they are requesting approval
from the City so they canrelocate their operation to the newly proposed location.
Existing Siteand Surroundings
The project site is located alongthe north side of Stevens Creek Boulevard within the Heart of the City
Specific Plan Area(HOC) between Randy Lane and Blaney Avenue. The site and building weredesigned
and developed as a two-story office building in 1981. To the northof theproject site are detached single-
family residential uses; to thesouth and across Stevens Creek Boulevardare mixed office-residential-
commercialuses; to thewest arecommercial and single family residential uses; and to the east are office
uses.See the siteaerial below:
Site Aerial
DISCUSSION:
Daycare UseLimitation InCommercial Districts
According to the HOCSpecific Plan, non-retail uses such as professional offices, daycaresor nurseries
are permitted with a Conditional Use Permitand arephysicallylimited to occupyingno more than 25%
U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014
of the total building frontage along Stevens Creek Boulevardand/or 50% of the rear of the building.
This rule was established to ensure that non-commercial uses do not dominate a commercial site and to
also helpmaintain the overall commercial coreexperience with in the HOC. The proposed daycare use
is within the required physicalenvelopeprescribed by the HOC, although the existing building consists
of 100% non-commercialprofessional office use that predatedthis limitation. The City has in the past
approved similar requests for daycareuses to be established into an existing non-commercial oriented
location or building within the HOC area.
Operational Information
Little Tree Montessoriprovides thefollowing information about their operations (Attachment 2):
No. of students:125(ages 2-6years old)
Child care staff:12
Officehours:7:30am to 6:30pm, Monday throughFriday
Outdoor play schedule:8 play times scheduled with 2groups of 24-32 children out atup to30
minutes at a timethroughout the day
Program Number of Students Hours/days of operation
Half Day Preschool 24 9:15a –12:15p, M-F
Full Day Preschool (Early Bird)24 8:00a -5:30p, M-F
Full Day Preschool 33 9:00a –6:00p, M-F
Full Day Toddler 12 9:30a –6:15p, M-F
Kindergarten 24 8:45a –3:00p, M-F
Enrichment Classes 8 Varies (One hour classes), M-F
Traffic and ParkingConsiderations
The existing parking for thesite is 122spaces. The proposed 6,750 square footplaygroundlocated along
thewestern edge of the buildingwill replace 27 spaces. An additionalfivespaces will also be eliminated
to facilitate the new driveway/parking lot connection to the adjacent property to thewest. Accordingto
the City’s Parking Ordinance, the daycare center is required to providetwenty (20) parking spaces (1
space per 6.5 children) based on the proposed number of children atthe facility. When combined with
the remaining office uses, the total number of parking required for the site is eight-nine (89) spaces. The
trip generation and parking study completed by Hexagon Transportation Consultants(Attachment 4)
concluded that the 90spaces remaining would provide an adequate amount ofparkingto serve the
existing tenantsinaddition to the proposed daycare parking demand during the anticipated pick-up and
drop-off schedule providedby the applicant. The applicant proposes to improve the rear parking lot and
allnew onsite spaceswillmeet City and ADA requirements. The applicant will be required to provide a
Class I bicycle parking facilityin accordance with the City’s Parking Regulations under Chapter 19.100 of
the Cupertino Municipal Code.
Noise Considerations
A noise study was completed by the City’s Noise Consultant, EnvironmentalConsulting Services
Attachment 5). Based on the study, the proposed day care activitieswouldcreate intermittent outdoor
noise levels from 50 to 65 dBA at a distance of 35-50 feetfrom voices and children activities.The study
concludes that the giventhe limited schedule of theoutdoor activitiesand the distancebetween the
daycare to the adjacent residential, office and commercial uses,theproject is not anticipated to generate
significant noise impacts. Potentialnoise impacts from indoors are anticipated tobe negligible due to the
U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014
noise attenuation by the walls and windows of the building.A condition of approval requires the
property owner to implement noise attenuation measures if there are documented ordinance violations in
the future.
Pick-UpandDrop-Off
Drop-off times are scheduled from 8-9:30am and pick-up times are scheduled from 12:15-6:30pm.
Curbside drop-off andpick-up will not be allowed as parents are required topark their vehicles and
walk in with their child to sign in and sign out each day. Given the limited parking area onsite, the
applicant isdesignating five parking spaces on thewest of the building as the designated pick-up and
drop-off area. There will be no drop-off or pick-up on Stevens Creek Boulevard.
Site Improvements
As partof this application, the applicant is proposing toinstall the following site improvementsto be
consistent with the City’s Parking Ordinance:
Enhanced landscapingalong the north propertyline that includesthe planting offour strawberry
trees.
To matchthe existing parking lot trees, four Tristania treeswill be placed within the parking lot at
rate of one every five parking spaces.
In order to improve pedestrian circulation and enhance safety, Public Works has requested that the
applicant re-construct the parcel’smain driveway with a standard driveway approach. This will require
the removal of the landscaped medianand reduce existing driveway aprons. The applicant will also be
required toremove and repair brokenand/oruplifted curbs andgutters, sidewalksand related
structures per Citystandards.
Trash Enclosure
Applicant is providing a new trash enclosure, located alongthewest property line in therear parking
area. The final trash enclosure design will be reviewed by the Community Development Directorand
Public Worksprior tobuilding permit issuance.
Outdoor PlayArea
State law requires that child carecenters provide outdoor play areas for children. The applicant intends
to meet the State requirement by providing approximately 6,750square feet of play area to the westof
the child care facility, replacing 27 parking spaces. The locationwould enable the children to use the play
area without having to cross the driveway or parking lot.The play area would beapproximately 230 feet
from the single family residential buildingsto the north, and adjacent to the retailbuilding tothewest.
The proposedrear play area will be divided into a1,350 square foot toddler area and a5,400 square foot
playground. The total play area will consist of:
Soft rubber play ground surface around the play structure. Asphalt will beused in the remaining
area.
Tables, chairs, two sand boxes, and benches
6-foothigh wroughtiron fence on the north, west, andsouth sides. Access will be provided on the
north and south sides.
A single play structure with a fall height of 4 feet andthe top height being 7 feet.
U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014
Along the west side of the play area, shrubs will be planted (pittosporumtobira variegata -“Japanese Mock
Orange”) to mask themasonry wall of the neighboring retail building. Larger shrubs (pittosporum
tenuifolium (black matipo), Euonymus japonicus (Japanese spindle), and Loropetalum Razzleberri) will be
planted along the southern edge of play area facing Stevens Creek Boulevardalong with various types of
ground cover. These shrubs will be required to be maintained at a level not to exceed the height of the
play area fencing.One ornamental peartree will also be plantedon the Stevens Creek Boulevard
frontage. Thescreening of the playground and fence is an effortto minimize the visibilityfrom the
public in the interest ofmaintaining the commercial frontage lookalong the thoroughfare.
Reciprocal Driveway Access & Improvements
Currently theproject site has recorded reciprocal accesseasements benefiting theadjoining propertiesto
the east and west (recorded as a condition of approval forthe previous use permit for the site-U-1980-
32).However, the connection with the neighboring propertyto thewest (at 20149 Stevens Creek
Boulevard,APN: 316-23-027)was never realizedpending future redevelopment of the neighboring
property. The applicant will be required to construct a driveway that stubs to thewest property lineto
facilitate the future connection, whenwarranted. Any future extension and associated physical
improvements of the other side of the driveway throughthe adjacent property would be predicated
upon the City requiring the adjacent property owner to thewest to reciprocate the driveway connection
through a development review process.
The siteplan shows the parking stall realignment, landscaping adjustments, andother site modifications
as a result oftheproposed driveway improvements, includingbut not limited to the deletion of five
parking stalls.
ENVIRONMENTAL ASSESSMENT
The use permitand architecturaland site approvalare categorically exemptfrom the California
Environmental Quality Act (CEQA) perthefollowing Sections:
Section15303(Conversion of Small Structures) of the CEQA Guidelinesbecause it relates to the
conversion of an existing small structure (not exceeding 2,500 square feet) from one use to
anotherwhere onlyminor modifications are made to exteriorof the structure.
Section 15332 (In-fill Development Projects) of the CEQA Guidelines because it is consistent with
both general plan policies and zoning designations; is within the city limits and is surrounded by
urban uses; is not recognized as a habitat for endangered or rare species; would not have a
significant impact on traffic, noise, airquality, or water quality; and can be adequately served by
all required utilities and public services.
PERMIT STREAMLINING ACT
This project is subject to the Permit Streamlining Act (Government Code Section 65920 –65964). The
City has complied with thedeadlines found in the Permit Streamlining Act.
Project received: May 5, 2014
Deemedcomplete:May 19, 2014
U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014
Since this project isCategorically Exempt, the City has 60 days (until July 6, 2014) to make a decision on
theproject. The Planning Commission’s decision on this project is final unless appealed within 14
calendardays of the decision.
PUBLIC NOTICING & OUTREACH
The following table is a brief summary of the noticing done for this project:
Notice of Public Hearing, Site Notice & Legal Ad Agenda
Site Signage
14 days prior to the hearing)
Legalad placed in newspaper
at least 10 days prior to the hearing)
64 notices mailed toproperty owners within
300 feet ofthe project site
10 days prior to the hearing)
Posted on the City's official notice
bulletin board (oneweek prior to the
hearing)
Posted on the City of Cupertino’s Web
site (one week prior to the hearing)
CONCLUSION
Thenoise and traffic studies have indicated that the addition of day care center the current location will
notsignificantly impact the surrounding land uses. The site improvements as proposedby the applicant
are a considerable improvement to the existing conditions of the parking area and are compatible with
other similar office developmentsalong Stevens Creek Boulevard. The existing building wasdesigned
and developed to facilitatenon-commercial uses and cannot supportretail uses. Staffrecommends
approval of therequestsince it is not anticipated to have significant impacts to the neighborhood.
Additionally, all of the findings for approval of the proposed project, consistent with Chapters19.156,
19.168,and19.60 of the Cupertino Municipal Code, canbe made. Please refer to the draft resolution
Attachment 1)for the detailed explanationon how the project meets the each specific findings.
Prepared by: Gian Paolo Martire,AssistantPlanner
Reviewed by:Approvedby:
s/Gary Chao /s/Aarti Shrivastava
Gary Chao Aarti Shrivastava
Community DevelopmentAssistantDirector Community Development Director
ATTACHMENTS:
1-DraftResolution–Use Permit
2-Draft Resolution –Architectural Site Approval
3–Little Tree Montessori Business Plan
4 -Trip Generation andParkingStudy
5 –Noise Impact and Mitigation Study
6-Plan set
U-2014-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMITTO CONVERT APPROXIMATELY 7,500 SQUARE
OF OFFICE SPACE AT AN EXISTING TWO-STORY OFFICE BUILDING INTO A
DAY CARE USE LOCATED AT 20111STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.:U-2014-01
Applicant:Janice Yeh (Little Tree Bilingual Montessori)
PropertyOwner:Trans-Continental Real Estate Investment Corporation
Location:20111 Stevens Creek Boulevard (APN 316-23-026)
SECTION II: FINDINGSFOR USE/PLANNED DEVELOPMENTPERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit
as described in Section I.of this Resolution; and
WHEREAS, the necessary public notices have been given as required by theProcedural Ordinanceof
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a)The proposed use, atthe proposed location, will not be detrimental or injurioustoproperty or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
The project is consistent with all aspects ofthe City’s Ordinance. The siteis sufficiently parked. A traffic
and noise analysis have been prepared confirmingthat the project will not have any significant traffic and
noise impacts to the surrounding area.
b)The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive GeneralPlan and thepurpose of the City’s zoning ordinances, and thepurpose of
this title and complies with the California Environmental QualityAct (CEQA).
The proposed project is consistent with the provisionssetforth in the Heart of the City Specific Plan.
Draft Resolution U-2014-01 June 9, 2014
Page -2 -
NOW, THEREFORE, BE IT RESOLVED:
Thatafter careful consideration of themaps, facts, exhibits, testimony andother evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginningon PAGE 2
thereof,:
The application for a UsePermit, Application no. U-2014-01is hereby approved,andthat the
subconclusions upon which the findings and conditions specified in this Resolution are based and
contained in the Public Hearing record concerning Application no.U-2014-01as set forth in the Minutes
of Planning Commission Meeting ofJune 9, 2014, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.DEVELOPMENTAPPROVAL
Approval isgranted for a child care facility with acapacityof 125 students. The actualcapacity of
children atthe facility maybefurtherrestricted based on Fire Department, Building Department, CA
Department of SocialServices, CA Department of Education or otherrelevant agencies
requirements.Appropriate licensing/registration from the Community Care Licensing Department
and/or other relevant County/State agencies shall be obtained prior to commencement of the
operation. Any futuremodifificationor intensification to theproject shall require additional City
review and a new Use Permitapplication.
2.APPROVEDEXHIBITS
This approval is based onExhibits titled “Little Tree Bilingual Montessori” prepared by the
applicant consisting of sevenpages and “Little Tree MontessoriNew Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA95014” prepared byAdaptive
Architecture dated May 30, 2014consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, and the
business plan labeled “Little Tree Montessori” consisting of seven pages except as may be amended
by the Conditions contained in this Resolution.
Planning Staff has the ability to approve minor modifications to the business plan as long as the
changes are consistent with any applicable Building and/or Fire Codes (includingbut not limited to
accessibility, fire safety, and building occupancyand other appropriate agencies).
3.USE PERMIT
The applicant submits thisConditional Use Permit Approvalonly on behalf of Little Tree Bilingual
Montessori business and agrees that it shall expire upon the termination of said business, or the
term of thisConditional Use Permit, which ever comes first.
4.EXPIRY DATE
If the use for which thisConditional Use Permit is granted but is not commenced or is utilized but
ceases or is suspended for one year or more, this permit shall be deemed expired and a new use
permit application must be applied for andobtained.
5.NOISE CONTROL
The outdoor play area schedule shall be limited as indicated in the Business Plan. Thenoise levels
shallnot exceed those as listed in Chapter 10.48 of the CupertinoMunicipal Code, unless approved
Draft Resolution U-2014-01 June 9, 2014
Page -3 -
by special exception by theNoise Control Officer. Theapplicant may have to conduct future tests to
verify they are complying with theordinance atthe request of the Community Development
Director. The Planning Commission may limitthe number of children allowed in theoutside play
yard in theevent that the noise levelsatthe site violate City standard noise levels.
6.ACCESSEASEMENTS
The property owner shallrecord an appropriate deed restriction and covenant running with the
land, subject to approval of the City Attorney, providing for vehicular easements to adjoining parcel
at 10080 Randy Lane (APN: 316-23-017) to be implemented at such time that the Citycan require the
same of adjacent property owner. The easement shall berecorded prior to final occupancy of site
permits.
In addition, the property owner shall participate in the existing reciprocal ingress/egress covenant
with the adjoining property owner at 20149 Stevens Creek Boulevard(APN: 316-23-027) at such time
in the future the City can require the same of saidparcel.
7.RECIPRICOL ACCESSEASEMENT
In addition to maintaining the current recorded recipricol access easements on the property, the
property owner shallrecord an appropriate deed restriction and covenant running withtheland,
subject to approval of the City Attorney, allowing recipricol access alongthe northern portion ofthe
property for 10080 Randy Lane (APN: 316-23-017) to be implemented at such timethat the Citycan
require the same of adjacent property owner. The easement shall berecorded prior to final
occupancy of site permits.
8.CHILDREN PICK-UP AND DROP-OFF PLAN
In order to ensure the safety of children and vehicle movements during the pick-up and drop-off
periods, the applicant shall submit a children pick-up and drop-off plan to the Cityfor review and
approval prior to the release of final occupancy. Such plan shall delineate general
pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot striping
as needed) and parking lot safety measures to include a traffic safety conductor be present in the
parking lot to monitor and direct all vehicular activities during the following hours of operation:
8:00 a.m. to 9:30 a.m.
12:00 p.m. to 12:30 p.m.
5:00 p.m. to closing
In theevent that the pick-up and drop-off schedule changes, the applicantmust submit a revised
plan to the Cityfor approval.
9.RECYCLING OF DEMOLISHED BUILDING MATERIALS
Demolished building materials shall be recycled to the maximum extent possible.
10.UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to the
satisfaction of the Planning Division.
Draft Resolution U-2014-01 June 9, 2014
Page -4 -
11.SIGNS
Signage is not approved with this use permit application. Signage shall conform to the City Sign
Code and requires a separate sign permit.
12.REVOCATION OF USE PERMIT
The Director may initiate proceedings for revocation of the Use Permit in any case where, in the
judgment of the Director, substantial evidence indicates that the conditions of the conditional use
permit hasnot been implemented, or where the permit is beingconducted in a manner detrimental
to the public health, safety, and welfare, in accord with the requirements of Chapter 19.124.
13.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHEREXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of thededications, reservations, andother exactions. You are hereby further
notified that the 90-day approval period in whichyou may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day periodcomplying with all of therequirements of Section
66020, you will be legally barred from laterchallenging suchexactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1.STREET IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
theproject’s main driveway with a standard driveway approach. This work will require removal of
landscaped medianand reduce existing driveway aprons or flares. Also, remove and repair broken
and/or uplifted curbs andgutters, sidewalksandrelated structures per City standards as specified
by the City Engineer.
2.DRAINAGE
Demonstrate the proposed playground area will not block existingand future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3.ENCROACHMENT PERMIT
The project developershall obtain anencroachment permit with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees, fees for under groundingof utilities, and provide necessary bond for the proposed
street improvements.
The fees are imposed based upon the current fee schedule adopted by the City Council.
However, the fees imposedherein may be modified atthe time of recordation of a final map
or issuance of a building permit. In theevent of said change or changes, the fees changed at
thattime will reflectthe then current fee schedule.
Draft Resolution U-2014-01 June 9, 2014
Page -5 -
4.FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the stormwater reaches the City ownedstorm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
5.TRASH ENCLOSURES
Atrash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Departmentis needed prior to obtaining a building
permit.
6.REFUSE TRUCK ACCESS
Developershall obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for theproposed development.
7.BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity thatdisturbs soil. BMP plans shall be included in grading and street
improvement plans.
8.EROSION CONTROL PLAN
Developershall provide an approved erosion control plan by a Registered Civil Engineer. This plan
shall include all erosion control measures used to retain materials on site. Erosion control notes
shall be stated on the plans.
9.WORK SCHEDULE
Every 6 months, the developershall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
10.OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operationand maintenance for non-standard
appurtenances in the public road right-of-way that mayinclude, but is not limited to, sidewalk,
pavers, and street lights.
11.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for theproject shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposedFire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100’ of a Fire Hydrant).
Draft Resolution U-2014-01 June 9, 2014
Page -6 -
12.FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13.DEDICATION OF UNDERGROUND WATER RIGHTS
Developershall “quit claim” to the City all rightsto pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
14.SANITARY DISTRICT
A letter of clearance for theproject shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
PASSED AND ADOPTED this 9thday ofJune, 2014,Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSTAIN:COMMISSIONERS:
ABSENT:COMMISSIONERS:
ATTEST:APPROVED:
Gary Chao Paul Brophy, Chair
Assistant Director of Community Development Cupertino Planning Commission
G:\Planning\PDREPORT\RES\2014\U-2014-01 res.doc
ASA-2014-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING ANARCHITECTURAL AND SITE APPROVALPERMITTO ALLOW
AN OUTDOORPLAY AREA, LANDSCAPE ENHANCEMENTS,AND ASSOCIATED
SITE IMPROVEMENTS FOR A NEW DAY CARE USE AT AN EXISTING OFFICE
BUILDINGLOCATED AT 20111 STEVENS CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.:ASA-2014-05
Applicant:Janice Yeh (Little Tree Bilingual Montessori)
PropertyOwner:Trans-Continental Real Estate Investment Corporation
Location:20111 Stevens Creek Boulevard (APN 316-23-026)
SECTION II: FINDINGSFOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval as described in Section I. ofthis Resolution; and
WHEREAS, the necessary public notices have been given as required by theProceduralOrdinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1.The proposal, atthe proposed location, will not be detrimental or injurioustoproperty or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
The project has satisfied all aspects ofthe City’s Ordinance. The project is sufficiently parked. A traffic and
noise analysis has been prepared confirmingthat the project will not cause significant impacts to the
surrounding area.
2.The proposalis consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, conditional use
permits, exceptions, subdivision maps or otherentitlements to use which regulate the subject
property including, but not limited to, adherence to the following specific criteria:
a)Onlyminor changes have been proposed to the existing building that donot affectthe overall
architectural qualityof the building. The project is not proposing to significant alter the exterior
of the existing two-story office building. Only the necessary site and building
modifications/improvements associated with the daycare operation are proposed.
Draft Resolution ASA-2014-05 June 9, 2014
Page -2 -
b)Design harmony between new andexisting buildings have been preserved and the materials,
and withthe future character of the neighborhood and purposes of the zone in which it is
situated. The location, height and materials of the proposed site improvements, landscaping
features, and play area fencingharmonize with adjacent developments and are designed to
complement the existing surrounding professional and commercial uses.
NOW, THEREFORE, BE IT RESOLVED:
That aftercareful consideration of the initial study,maps, facts, exhibits, testimony andother evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginningon
PAGE 2thereof,:
The application for an Architectural and Site Approval, Application no. ASA-2014-05is hereby approved,
andthat the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application no.ASA-2014-05as set forth in
the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1.APPROVEDEXHIBITS
This approval is based onExhibits titled “Little Tree Bilingual Montessori” prepared by the
applicant consisting of sevenpages and “Little Tree Montessori New Cupertino Campus, 20111
Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA95014” prepared byAdaptive
Architecture dated May 30, 2014consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, except as
may be amended by the Conditions contained in this Resolution.
Planning Staff has the ability to approve minor modifications to the business plan as long as the
changes are consistent with any applicable Building and/or Fire Codes (includingbut not limited to
accessibility, fire safety, and building occupancy and other appropriate agencies).
2.PARKINGLOT RESTORATION
In theevent, Little Tree Bilingual Montessori business terminates, the applicant and/or property
owner shall be required to removal all outdoor apperatuses associated with the daycare operation,
including but not limited to, play structures, fencing, canopies, and/or other pertinent
improvements. The applicant shall be responsible to restore the parking lot to comply with the
City’s Parking Ordinance.
3.UTILITY STRUCTURES
All new utility structures will be required to be located underground or screened from public view.
4.BICYCLE PARKING
The applicantshall provide aClass I bicycle parking facility for theproposedproject in accordance
with the City’s Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code.
Draft Resolution ASA-2014-05 June 9, 2014
Page -3 -
5.LANDSCAPE SCREENING
The landscape screeningsolutionalong Stevens Creek Boulevardshall be reviewed and approved
by the Director ofCommunity Development. Consideration shall be given tothe appropriate
planting specie, number, height and location in order to ensure that thelandscaping features are
consistentand compatiblewith the business andoffice environment along Stevens Creek Boulevard
frontage.
6.LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15).
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The findingsof the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection toconfirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the followingstatement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of theordinance and the permit.”
7.LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, or with the landscape installation report.
a)Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b)Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.Maintenance shall also include pruningof the screen
shrubs along Stevens Creek Boulevard so as not to exceed the height of the wrought iron fence in
accordance with Condition 5 of this Resolution.
c)Failed plantsshall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overallinstallation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1.STREET IMPROVEMENTS
In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct
theproject’s main driveway with a standard driveway approach. This work will require removal of
landscaped medianand reduce existing driveway aprons or flares. Also, remove and repair broken
Draft Resolution ASA-2014-05 June 9, 2014
Page -4 -
and/or uplifted curbs andgutters, sidewalksandrelated structures per City standards as specified
by the City Engineer.
2.DRAINAGE
Demonstrate the proposed playground area will not block existingand future stormwater runoff.
Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City
Engineer.
3.ENCROACHMENT PERMIT
The project developershall obtain anencroachment permit with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees, fees for under groundingof utilities, and provide necessary bond for the proposed
street improvements.
The fees are imposed based upon the current fee schedule adopted by the City Council.
However, the fees imposedherein may be modified atthe time of recordation of a final map
or issuance of a building permit in theevent of said change or changes, the fees changed at
thattime will reflectthe then current fee schedule.
4.FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the stormwater reaches the City ownedstorm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
5.TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of theEnvironmental Programs
Manager. Clearance by the Public Works Departmentis needed prior to obtaining a building
permit.
6.REFUSE TRUCK ACCESS
Developershall mustobtain clearance from the Environmental Programs Manager in regards to
refuse truck access for theproposed development.
7.BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board,
for construction activity, which disturbs soil. BMPplans shall be included in grading and street
improvement plans.
8.EROSION CONTROL PLAN
Developershall must provide an approved erosion control plan by a Registered Civil Engineer.
This plan shouldinclude all erosion control measures used to retain materials on site. Erosion
control notes shall be stated ontheplans.
Draft Resolution ASA-2014-05 June 9, 2014
Page -5 -
9.WORK SCHEDULE
Every 6 months, the developershall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
10.OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operationand maintenance for non-standard
appurtenances in the public road right-of-way that mayinclude, but is not limited to, sidewalk,
pavers, and street lights.
11.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for theproject shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposedFire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100’ of a Fire Hydrant).
12.FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
13.DEDICATION OF UNDERGROUND WATER RIGHTS
Developershall “quit claim” to the City all rightsto pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
14.SANITARY DISTRICT
A letter of clearance for theproject shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
PASSED AND ADOPTED this 9thday ofJune, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the followingroll callvote:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSTAIN:COMMISSIONERS:
ABSENT:COMMISSIONERS:
ATTEST:APPROVED:
Gary Chao Paul Brophy, Chair
Assistant Director of Community Development Cupertino Planning Commission
TO: Mr. Gian PaoloMartire, City of Cupertino
FROM: Brian Jackson
DATE: May 13, 2014
SUBJECT: Trip Generation and Parking Study for a Proposed Daycare Center at 20111 Stevens
Creek Boulevard
HexagonTransportationConsultants, Inc. has completed a trip generation and parking study for the
relocationandexpansion ofan existing daycarecenter in Cupertino, California. The daycarecenter is
currentlyoperating at 20100StevensCreekBoulevard, directlyacross the streetfrom the proposednew
site at 20111StevensCreekBoulevard. The daycarecenter plans to move its operationacross thestreet
and expand thesizefrom 105 students to 125 studentsand 12 staff. The 125-studentdaycarecenterwould
occupytwo vacantsuites (Suites 130 and150) within an existing 26,000 square-foot (s.f.) two-storyoffice
building. Allof the remainingsuiteswithin the building would remainoccupied. The projectwouldreplace 27
parkingspaces on thewest side of the building with a 9,000 s.f. playground. Five additionalparkingspaces
also would be eliminated due to the reciprocal ingress/egress easement withthe adjacent property on the
west thatwould be constructed as part of the project. Figure 1 shows the proposed siteplan.
Project Site Trip Generation
Currently, a site agreement exists for the property that stipulates the overall trip generation of thesite is
limited to 16 one-waytripsper acreduring the peaktraffichours. Based onthe size of the project site, this
equates to 28 one-way tripsthat are permitted. Hexagoncounted the trip generation of theexisting building
located at 20111Stevens Creek Boulevard during the AM peak period (7:00 AM – 9:00 AM) andPM peak
period (4:00 PM – 6:00 PM) of trafficonApril 24, 2014. Based onthetrip generationcount dataand recent
counts of StevensCreekBoulevard, the AM peak hour of traffic occurs from 8:00 AM to9:00 AM, and the
PM peak hour of traffic is from 5:00 PM to6:00 PM.
According tothe count data collected, theoffice building currently is generating 18 inboundtripsandzero
outbound trips during the AM peak hour, and 16 inbound trips and 38 outbound trips during the PMpeak
hour. Thus, theexisting buildingalready is generating 10more one-waytrips (i.e., outboundtrips) during
the PM peak hour than are permitted underthe existingsitecovenant.
At the request of City of Cupertino staff, Hexagonestimated the number of AMandPM peakhourtrips that
would be added to thesite as a result of the proposed daycare center. Weestimated the daycare trip
generation by applyingtheITETrip Generationmanual, 9th Editionrates. Theestimated tripswere addedto
the existing trip generationtodetermine thetotal number of trips that would be generated by full occupancy
of the building.
Based on thestandardITErates, the daycarecenterwould be expected to generate 96 newvehicle trips at
thesite during the AM peak hour, consisting of 51 inbound trips and 45 outbound trips. During the PM peak
hour, the daycarecenterwould be expected to generate 92 newvehicle trips at thesite, with 43 inbound
tripsand 49 outbound trips (see Table 1 below). As shown inthetable, the proposeddaycarecenterwould
generate more one-way trips (inboundandoutbound) at thesite during boththe AMandPM peakhours
than are allowedunder theexistingsite agreement.
StudentLoading and Unloading Activities
It is assumedthatparents willparktheir vehicle and walk theirchildintothedaycare facility, sincedaycares
typically require a signaturefromparentswhendropping off andpicking up a child. Thus, a dedicated
studentdrop-off areawithin the parking lot would not be necessary for the project.
MEMORANDUM
Mr. GianPaolo Martire
May 13, 2014
Page 3of5
Table 1
ProjectTrip Generation Estimates
AM Peak HourPM PeakHour
Pk-HrPk-Hr
Land UseRateInOutTotalRateInOutTotal
Daycare Center 1 125Students0.775145960.73434992
Existing Site Trips 2 18018163854
Total Site Trips with DaycareCenter:69451145987146
Notes:
1 Source: "Day Care Center" (Land Use 565) ITETrip Generation, 9thEdition (fitted curve equations applied).
2 Existing AM and PM peakhour trips basedon trip generation countsconducted April 24, 2014.
Size
Parking
With the construction of the playgroundfor thedaycare center, the site wouldprovide a total of 90 parking
spaces. Accordingto the counts that wereconducted on thesite, the number of vehicles (i.e., existingoffice
employees) that wereparked on thesite at 5:15 PM was 75 vehicles. Itis during thistime that the majority
of parents of preschoolerswould start arrivingto pickuptheir children from the proposed daycare center. It
is estimatedthat up to 24 parentswould arrive between 5:15 PM and 5:45 PM. Based onthe count data, 24
vehiclesleave thesite between 5:15 PMand 5:45 PM. By 6:00 PM, only 29 vehicles remainonthesite.
Based on the counts and theplanneddaycare center schedule, it is estimatedthat thesite wouldprovide
an adequateamount of parking to servethe existingtenants plus the proposeddaycarecenterparking
demandduring thepeakdrop-off and pick-up periods of the day (see Table 2).
Table 2
Parking Conditions on theProject Site
Time
Total # of
Parking
Spaces with
the Project
Spaces
Occupied by
ExistingTenants
4/24/14 count)
of
Spaces
Occupied
of Spaces
Available for
Daycare Use
of Parents
Daycare
Employees That
Need a Space
of Open
Spaces
Remaining
AM Peak Hour
7:00 AM9033%87087
7:15 AM9033%87087
7:30 AM9033%87384
7:45 AM9044%86383
8:00 AM9078%831370
8:15 AM901213%782454
8:30 AM901921%713041
8:45 AM903438%564610
9:00 AM905561%35323
PMPeak Hour
4:00 PM906673%24717
4:15 PM906673%24717
4:30 PM906876%22715
4:45 PM907583%1578
5:00 PM907988%1174
5:15 PM907583%15132
5:30 PM906673%24195
5:45 PM905157%392514
6:00 PM902932%612833
Parking Demand with the Project (Based on Proposed Daycare Program Schedule)
Mr. GianPaolo Martire
May 13, 2014
Page 4of5
City of CupertinoParking Code
TheCity of Cupertinoparkingcoderequirement for multi-tenantoffice uses is 1 parkingspace per 285
square feet (s.f.) of leasable area. For daycare uses, theCity requires that 1 parkingspace be providedfor
every 6.5 students. City staffprovidedHexagon with parkingdemandestimates for the existingoccupied
office spaceand the proposed daycare center. Based onthe City’s calculation, the current occupied office
space and proposeddaycarecentertogetherwouldrequire 89 parkingspaces. Sincethe site planshows
90 parkingspaces, theproject proposes an adequateamount of parkingto servethesite based ontheCity
of Cupertino’s parkinganalysis.
Intersection Level of Service Analysis
Citystaff requestedthat the signalizedintersection of BlaneyAvenueandStevensCreekBoulevard be
evaluated to determine the effect the projectwould have on the operations of the intersection. The
intersection is subject to theCity of Cupertino level of service standard. Level of Service is a qualitative
descriptionofoperatingconditionsranging fromLOS A, or free-flow conditions withlittle or no delay, to
LOS F, or jammedconditions with excessive delays. TheCity of Cupertinolevelofservicemethodologyfor
signalizedintersections is the2000 Highway CapacityManual (HCM) method. This method is appliedusing
the TRAFFIXsoftware. The2000 HCMoperationsmethodevaluatessignalizedintersectionoperations on
the basis of averagecontrol delaytime for all vehicles at the intersection. TheCity of Cupertino level of
servicestandardforsignalized intersections isLOSD or better. The correlationbetweenaverage control
delayandlevel of service is shown in Table 3.
Table 3
Signalized Intersection Level of Service Based on Average Delay
Source: Transportation Research Board, 2000 Highway Capacity Manual (Washington, D.C., 2000) p10-16.
This level of delay is consideredunacceptable by most drivers. This condition
often occurs with oversaturation, that is, when arrival flow rates exceed the
capacity of theintersection. Poor progression and long cycle lengths may
also be major contributing causes of such delay levels.
greater than 80.0F
The influenceof congestion becomes more noticeable. Longer delaysmay
result from some combination of unfavorable signal progression, long cycle
lenghts, or high volume-to-capacity (V/C) ratios. Many vehicles stop and
individual cycle failures are noticeable.
35.1 to 55.0D
This is considered to be the limit of acceptable delay. These high delay
values generally indicate poor signal progression, long cycle lengths, and
high volume-to-capacity (V/C) ratios. Individual cycle failures occur frequently.
55.1 to 80.0E
B
Operations characterized bygood signal progressionand/orshort cycle
lengths. More vehicles stop than withLOSA, causing higher levels of
average vehicle delay.
10.1 to 20.0
Higher delays mayresult from fair signal progressionand/or longer cycle
lengths. Individual cycle failures may begin to appear at this level. The
numberof vehicles stopping is significant, though may still pass through the
intersection without stopping.
20.1 to 35.0C
Level of
Service Description
Average Control
DelayPer
Vehicle (sec.)
Signalprogression is extremely favorable. Most vehicles arrive during the
green phase and do not stopat all. Short cycle lengths may also contribute
to the very low vehicle delay.
10.0 orlessA
Mr. GianPaolo Martire
May 13, 2014
Page 5of5
The intersection of BlaneyAvenueandStevensCreek Boulevardwas evaluatedfor the following traffic
scenarios:
Scenario 1: Existing Conditions. Existing trafficvolumes wereobtained from recent traffic counts.
Scenario 2: Existing Plus ProjectConditions. Existing plus project trafficvolumeswere estimated by
adding to existing trafficvolumes the netnewtrips generated by the project.
Scenario 3: Cumulative Conditions. The City of Cupertino providedHexagon withan updated list of
approved butnot yetcompleted development for useinthe cumulativeanalysis. Using the
list and associated trip generationestimatesprovided, Hexagondetermined the approved
project trips that would travelthroughthestudy intersection. A growthfactor of1 % per year
also was applied over a periodof 5 years to account for additional traffic that could be
generated by potential future development. Cumulativeconditions were evaluated both
without and withthe project. The list of approveddevelopment is attached as Appendix A.
Since the daycare centeralready exists (i.e., is alreadygenerating trips) and simply plans to relocate
across thestreet and increase in size by 20 students, the projectwouldgenerateonly a small number of
net new trips. However, in order to account for the potential re-occupancy of the currentlocation with a
similar use (i.e., daycarecenter), tripcredits werenotapplied. Accordingly, the gross project trips
generated by a 125-student daycare facilitywereassigned to the surroundingroadwaynetwork, specifically
the study intersection of BlaneyAvenueandStevensCreekBoulevard. This conservativeapproach was
taken at the request of City of Cupertino staff, andpresents a worst-casetraffic scenario.
Asshownbelow in Table 4, thestudy intersectionwouldoperate at an acceptableLOS D or betterunder all
traffic scenariosthatwereevaluated. The level of serviceanalysisshowsthat the proposedprojectwould
have verylittle effect onthe overalloperations of the studyintersection. The detailed intersection level of
servicecalculations are attached as Appendix B.
Table 4
Intersection Levels of Service
ExistingNo Project
PeakAvg.Avg.Incr. InIncr. InAvg.Avg.Incr. InIncr. In
Study IntersectionHourDelayLOSDelayLOSCrit. DelayCrit. V/CDelayLOSDelayLOSCrit. DelayCrit. V/C
Blaney Av & Stevens Creek BlAM 29.8 C30.6C1.10.02030.0C31.0C1.30.020
PM33.8C34.5C0.50.01339.8D41.1D1.50.013
Existing + Project ConditionsWith Project
Cumulative Conditions
Conclusions
Currently, theexisting building is generating 10more one-way trips (outboundtrips) during the PM peak
hourthanare permitted underthe existing site covenant. Withthe addition of the daycarecenter, thesite
wouldgeneratemore one-waytrips (inboundandoutbound) duringboth the AM andPM peakhoursthan
are allowed underthe existing site agreement.
Based on the City’s calculation usingthe parking code, the currentoccupied officespace and proposed
daycarecentertogetherwould require 90 parkingspaces. Basedontheexisting countsand the planned
daycarecenterschedule, Hexagonestimatesthat thesite wouldprovide an adequateamount of parking to
servethe existingtenantsplus the proposed daycare centerparkingdemandduring the peakdrop-off and
pick-up periods of the day.
Theintersection level of serviceanalysisshows that the proposedprojectwouldhave very little effect on
the overalloperationsof the signalizedintersection of BlaneyAvenueandStevensCreekBoulevard.
AppendixA
CupertinoApproved andPending Projects
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AppendixB
Intersection Level of Service Calculations
COMPARE Tue May 1312:06:06 2014 Page 3-1
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens CreekBouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCM Operations (FutureVolume Alternative)
AM Existing
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:96 60 79***
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol:
119*** 1
Cycle Time (sec):110
0 46
0
LossTime (sec):12
1
493 2 Critical V/C:0.549 2 1404***
1 Avg Crit Del (sec/veh):28.0 0
23 0 Avg Delay (sec/veh):29.8 1 87
LOS:C
Lanes:10 010
Final Vol:103 113*** 97
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module: >> Count Date: 23 Apr 2014 << 8:00-9:00AM
Base Vol: 103 113 97796096119 493 2387 1404 46
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 103 113 97796096119 493 2387 1404 46
Added Vol: 0 000 000 000 00
PasserByVol: 0 000 000 000 00
Initial Fut: 103 113 97796096119 493 2387 1404 46
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 103 113 97796096119 493 2387 1404 46
Reduct Vol: 0 000 000 000 00
Reduced Vol: 103 113 97796096119 493 2387 1404 46
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 103 113 97796096119 493 2387 1404 46
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.980.95
Lanes: 1.00 0.54 0.46 1.000.380.621.00 2.86 0.14 1.002.900.10
Final Sat.: 17509698311750 692 11081750535025017505422 178
Capacity Analysis Module:
Vol/Sat: 0.06 0.12 0.12 0.050.090.090.07 0.09 0.09 0.050.260.26
Crit Moves: **** **** **** ****
Green Time: 13.4 23.423.49.119.1 19.1 13.6 38.838.826.851.9 51.9
Volume/Cap: 0.48 0.55 0.55 0.550.500.500.55 0.26 0.26 0.200.550.55
Delay/Veh: 52.8 44.244.262.746.7 46.7 54.9 25.725.734.221.5 21.5
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 52.8 44.244.262.746.7 46.7 54.9 25.725.734.221.5 21.5
LOS by Move: D- DD E DD D- CC C- C+ C+
HCM2kAvgQ: 4 774 665 4421212
Note: Queue reported is the number of cars per lane.
COMPARE Tue May 1312:06:06 2014 Page 3-2
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens Creek Bouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCMOperations (Future Volume Alternative)
AM Existing + Project
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:106 60 79***
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol:
144*** 1
Cycle Time (sec):110
0 46
0
LossTime (sec):12
1
511 2 Critical V/C:0.569 2 1424***
1 AvgCrit Del (sec/veh):29.1 0
27 0 Avg Delay (sec/veh):30.6 1 87
LOS:C
Lanes:10 010
Final Vol:108 113*** 97
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module: >> Count Date: 23 Apr 2014 << 8:00-9:00AM
Base Vol: 103 113 97796096119 493 2387 1404 46
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 103 113 97796096119 493 2387 1404 46
Added Vol: 0 000 000 000 00
NetProjTrip: 5 000 0 1025184020 0
Initial Fut: 108 113 977960106144 511 2787 1424 46
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 108 113 977960106144 511 2787 1424 46
Reduct Vol: 0 000 000 000 00
Reduced Vol: 108 113 977960106144 511 2787 1424 46
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 108 113 977960106144 511 2787 1424 46
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.980.95
Lanes: 1.00 0.54 0.46 1.000.360.641.00 2.84 0.16 1.002.900.10
Final Sat.: 17509698311750 651 11491750531928117505425 175
Capacity Analysis Module:
Vol/Sat: 0.06 0.12 0.12 0.050.090.090.08 0.10 0.10 0.050.260.26
Crit Moves: **** **** **** ****
Green Time: 12.8 22.622.68.718.5 18.5 15.9 40.140.126.650.8 50.8
Volume/Cap: 0.53 0.57 0.57 0.570.550.550.57 0.26 0.26 0.210.570.57
Delay/Veh: 55.4 45.645.664.648.9 48.9 52.8 24.924.934.422.5 22.5
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 55.4 45.645.664.648.9 48.9 52.8 24.924.934.422.5 22.5
LOS by Move: E+ DD E DD D- CC C- C+ C+
HCM2kAvgQ: 4 774 666 4431313
Note: Queue reported is the number of cars per lane.
COMPARE Tue May 1312:06:06 2014 Page 3-3
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens Creek Bouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCMOperations (Future Volume Alternative)
AM CumNo Project
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:107 72 84***
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol:
138*** 1
Cycle Time (sec):110
0 49
0
LossTime (sec):12
1
935 2 Critical V/C:0.695 2 1885***
1 AvgCrit Del (sec/veh):30.1 0
25 0 Avg Delay (sec/veh):30.0 1 109
LOS:C
Lanes:10 010
Final Vol:116 131*** 134
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module:
Base Vol: 116 131134 8472107138 935 25 1091885 49
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 116 131134 8472107138 935 25 1091885 49
Added Vol: 0 000 000 000 00
PasserByVol: 0 000 000 000 00
Initial Fut: 116 131134 8472107138 935 25 1091885 49
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 116 131134 8472107138 935 25 1091885 49
Reduct Vol: 0 000 000 000 00
Reduced Vol: 116 131134 8472107138 935 25 1091885 49
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 116 131134 8472107138 935 25 1091885 49
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.980.95
Lanes: 1.00 0.49 0.51 1.000.400.601.00 2.92 0.08 1.002.920.08
Final Sat.: 17508909101750 724 10761750545414617505458 142
Capacity Analysis Module:
Vol/Sat: 0.07 0.15 0.15 0.050.100.100.08 0.17 0.17 0.060.350.35
Crit Moves: **** **** **** ****
Green Time: 12.4 23.323.37.618.5 18.5 12.5 48.948.918.254.6 54.6
Volume/Cap: 0.59 0.70 0.70 0.700.590.590.70 0.39 0.39 0.380.700.70
Delay/Veh: 58.8 50.150.178.350.4 50.4 65.2 20.920.944.622.7 22.7
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 58.8 50.150.178.350.4 50.4 65.2 20.920.944.622.7 22.7
LOS by Move: E+ DD E- DD E C+ C+ DC+ C+
HCM2kAvgQ: 5 10104 776 7741818
Note: Queue reported is the number of cars per lane.
COMPARE Tue May 1312:06:06 2014 Page 3-4
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens Creek Bouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCMOperations (Future Volume Alternative)
AM Cum + Project
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:117 72 84***
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol:
163*** 1
Cycle Time (sec):110
0 49
0
LossTime (sec):12
1
953 2 Critical V/C:0.715 2 1905***
1 AvgCrit Del (sec/veh):31.4 0
29 0 Avg Delay (sec/veh):31.0 1 109
LOS:C
Lanes:10 010
Final Vol:121 131*** 134
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module:
Base Vol: 116 131134 8472107138 935 25 1091885 49
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 116 131134 8472107138 935 25 1091885 49
Added Vol: 0 000 000 000 00
NetProjTrip: 5 000 0 1025184020 0
Initial Fut: 121 131134 8472117163 953 29 1091905 49
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 121 131134 8472117163 953 29 1091905 49
Reduct Vol: 0 000 000 000 00
Reduced Vol: 121 131134 8472117163 953 29 1091905 49
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 121 131134 8472117163 953 29 1091905 49
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.980.95
Lanes: 1.00 0.49 0.51 1.000.380.621.00 2.91 0.09 1.002.920.08
Final Sat.: 17508909101750 686 11141750543416517505459 140
Capacity Analysis Module:
Vol/Sat: 0.07 0.15 0.15 0.050.110.110.09 0.18 0.18 0.060.350.35
Crit Moves: **** **** **** ****
Green Time: 11.9 22.622.67.418.1 18.1 14.3 49.949.918.153.7 53.7
Volume/Cap: 0.64 0.72 0.72 0.720.640.640.72 0.39 0.39 0.380.720.72
Delay/Veh: 62.3 51.951.981.353.0 53.0 63.4 20.420.444.723.8 23.8
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 62.3 51.951.981.353.0 53.0 63.4 20.420.444.723.8 23.8
LOS by Move: E D- D- F D- D- E C+ C+ D CC
HCM2kAvgQ: 5 10105 777 7741919
Note: Queue reported is the number of cars per lane.
COMPARE Tue May 1312:06:57 2014 Page 3-1
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens CreekBouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCM Operations (FutureVolume Alternative)
PM Existing
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:100 207*** 139
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol:
1291
Cycle Time (sec):110
0 73
0
LossTime (sec):12
1
1648*** 2 Critical V/C:0.711 2 1006
1 Avg Crit Del (sec/veh):34.8 0
73 0 Avg Delay (sec/veh):33.8 1 214***
LOS:C-
Lanes:10 010
Final Vol:58*** 83 128
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module: >> Count Date: 23 Apr 2014 << 5:00-6:00pm
Base Vol: 5883 128139 207100129 1648 73 2141006 73
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 5883 128139 207100129 1648 73 2141006 73
Added Vol: 0 000 000 000 00
PasserByVol: 0 000 000 000 00
Initial Fut: 5883 128139 207100129 1648 73 2141006 73
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 5883 128139 207100129 1648 73 2141006 73
Reduct Vol: 0 000 000 000 00
Reduced Vol: 5883 128139 207100129 1648 73 2141006 73
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 5883 128139 207100129 1648 73 2141006 73
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.990.95
Lanes: 1.00 0.39 0.61 1.000.670.331.00 2.87 0.13 1.002.790.21
Final Sat.: 1750708109217501214 586 1750536223817505221 379
Capacity Analysis Module:
Vol/Sat: 0.03 0.12 0.12 0.080.170.170.07 0.31 0.31 0.120.190.19
Crit Moves: **** **** **** ****
Green Time: 7.0 19.619.613.325.9 25.9 18.0 46.646.618.547.1 47.1
Volume/Cap: 0.52 0.66 0.66 0.660.730.730.45 0.73 0.73 0.730.450.45
Delay/Veh: 66.2 52.252.261.249.2 49.2 46.5 28.428.457.822.9 22.9
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 66.2 52.252.261.249.2 49.2 46.5 28.428.457.822.9 22.9
LOS by Move: E D- D- E DDD CC E+ C+ C+
HCM2kAvgQ: 3 8861111 5 17178 99
Note: Queue reported is the number of cars per lane.
COMPARE Tue May 1312:06:57 2014 Page 3-2
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens Creek Bouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCMOperations (Future Volume Alternative)
PM Existing + Project
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:109 207*** 139
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol:
1521
Cycle Time (sec):110
0 73
0
LossTime (sec):12
1
1667*** 2 Critical V/C:0.724 2 1023
1 AvgCrit Del (sec/veh):35.3 0
78 0 Avg Delay (sec/veh):34.5 1 214***
LOS:C-
Lanes:10 010
Final Vol:62*** 83 128
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module: >> Count Date: 23 Apr 2014 << 5:00-6:00pm
Base Vol: 5883 128139 207100129 1648 73 2141006 73
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 5883 128139 207100129 1648 73 2141006 73
Added Vol: 0 000 000 000 00
NetProjTrip: 4 000 09 23195017 0
Initial Fut: 6283 128139 207109152 1667 78 2141023 73
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 6283 128139 207109152 1667 78 2141023 73
Reduct Vol: 0 000 000 000 00
Reduced Vol: 6283 128139 207109152 1667 78 2141023 73
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 6283 128139 207109152 1667 78 2141023 73
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.980.95
Lanes: 1.00 0.39 0.61 1.000.660.341.00 2.86 0.14 1.002.790.21
Final Sat.: 1750708109217501179 621 1750534925017505227 373
Capacity Analysis Module:
Vol/Sat: 0.04 0.12 0.12 0.080.180.180.09 0.31 0.31 0.120.200.20
Crit Moves: **** **** **** ****
Green Time: 7.0 19.819.813.426.2 26.2 19.9 46.546.518.344.9 44.9
Volume/Cap: 0.56 0.65 0.65 0.650.740.740.48 0.74 0.74 0.740.480.48
Delay/Veh: 68.6 51.751.760.549.5 49.5 45.5 28.728.758.924.7 24.7
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 68.6 51.751.760.549.5 49.5 45.5 28.728.758.924.7 24.7
LOS by Move: E D- D- E DDD CC E+ CC
HCM2kAvgQ: 3 8861212 5 18188 99
Note: Queue reported is the number of cars per lane.
COMPARE Tue May 1312:06:57 2014 Page 3-3
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens Creek Bouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCMOperations (Future Volume Alternative)
PM CumNo Project
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:108 232*** 149
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol:
1411
Cycle Time (sec):110
0 80
0
LossTime (sec):12
1
2245*** 2 Critical V/C:0.900 2 1706
1 AvgCrit Del (sec/veh):45.0 0
80 0 Avg Delay (sec/veh):39.8 1 281***
LOS:D
Lanes:10 010
Final Vol:65*** 93 162
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module:
Base Vol: 6593 162149 232108141 2245 80 2811706 80
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 6593 162149 232108141 2245 80 2811706 80
Added Vol: 0 000 000 000 00
PasserByVol: 0 000 000 000 00
Initial Fut: 6593 162149 232108141 2245 80 2811706 80
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 6593 162149 232108141 2245 80 2811706 80
Reduct Vol: 0 000 000 000 00
Reduced Vol: 6593 162149 232108141 2245 80 2811706 80
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 6593 162149 232108141 2245 80 2811706 80
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.980.95
Lanes: 1.00 0.36 0.64 1.000.680.321.00 2.89 0.11 1.002.860.14
Final Sat.: 1750656114417501228 572 1750540719317505349 251
Capacity Analysis Module:
Vol/Sat: 0.04 0.14 0.14 0.090.190.190.08 0.42 0.42 0.160.320.32
Crit Moves: **** **** **** ****
Green Time: 7.0 18.418.411.122.5 22.5 13.8 49.449.419.154.7 54.7
Volume/Cap: 0.58 0.85 0.85 0.850.920.920.64 0.92 0.92 0.920.640.64
Delay/Veh: 70.5 68.868.885.474.1 74.1 59.2 35.735.780.221.6 21.6
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 70.5 68.868.885.474.1 74.1 59.2 35.735.780.221.6 21.6
LOS by Move: E EE F EE E+ D+ D+ F C+ C+
HCM2kAvgQ: 3 111181616 6 2929131616
Note: Queue reported is the number of cars per lane.
COMPARE Tue May 1312:06:57 2014 Page 3-4
Traffix 8.0.0715 Copyright (c) 2008 DowlingAssociates, Inc. Licensed to Hexagon Trans., San Jose
Little Tree Bilingual Montessori
125 Students
20111 Stevens Creek Bouleverd, Cupertino, CA
LevelOf Service ComputationReport
2000 HCMOperations (Future Volume Alternative)
PM Cum + Project
Intersection #1: Blaney Avand StevensCreekBl
Signal=Protect/Rights=Include
Final Vol:117 232*** 149
Lanes:01 001
Signal=Protect Signal=Protect
Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol:
1641
Cycle Time (sec):110
0 80
0
LossTime (sec):12
1
2264*** 2 Critical V/C:0.913 2 1723
1 AvgCrit Del (sec/veh):46.4 0
85 0 Avg Delay (sec/veh):41.1 1 281***
LOS:D
Lanes:10 010
Final Vol:69*** 93 162
Signal=Protect/Rights=Include
Approach: North Bound South Bound East Bound West Bound
Movement: L - T - R L - T - R L - T - R L - T - R
Min. Green: 7 101071010 7 101071010
Y+R: 4.0 4.04.04.0 4.04.04.0 4.04.04.0 4.04.0
Volume Module:
Base Vol: 6593 162149 232108141 2245 80 2811706 80
Growth Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
Initial Bse: 6593 162149 232108141 2245 80 2811706 80
Added Vol: 0 000 000 000 00
NetProjTrip: 4 000 09 23195017 0
Initial Fut: 6993 162149 232117164 2264 85 2811723 80
User Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
PHF Volume: 6993 162149 232117164 2264 85 2811723 80
Reduct Vol: 0 000 000 000 00
Reduced Vol: 6993 162149 232117164 2264 85 2811723 80
PCE Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
MLF Adj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
FinalVolume: 6993 162149 232117164 2264 85 2811723 80
Saturation Flow Module:
Sat/Lane: 190019001900190019001900190019001900190019001900
Adjustment: 0.92 0.95 0.95 0.920.950.950.92 0.98 0.95 0.920.980.95
Lanes: 1.00 0.36 0.64 1.000.660.341.00 2.89 0.11 1.002.860.14
Final Sat.: 1750656114417501197 603 1750539720317505351 248
Capacity Analysis Module:
Vol/Sat: 0.04 0.14 0.14 0.090.190.190.09 0.42 0.42 0.160.320.32
Crit Moves: **** **** **** ****
Green Time: 7.0 18.618.611.222.8 22.8 15.4 49.349.318.952.8 52.8
Volume/Cap: 0.62 0.84 0.84 0.840.940.940.67 0.94 0.94 0.940.670.67
Delay/Veh: 73.4 67.367.383.775.7 75.7 58.6 37.037.082.723.3 23.3
User DelAdj: 1.00 1.00 1.00 1.001.001.001.00 1.00 1.00 1.001.001.00
AdjDel/Veh: 73.4 67.367.383.775.7 75.7 58.6 37.037.082.723.3 23.3
LOS by Move: E EE F E- E- E+ D+ D+ F CC
HCM2kAvgQ: 4 111181616 7 3030131717
Note: Queue reported is the number of cars per lane.
EnvironmentalConsultingServices * * * Saratoga
Environmental Consulting Services 18488 Prospect Road – Suite 1, Saratoga, CA 95070
Phone: (408) 257-1045 stanshell99@toast.net FAX: (408) 257-7235
April 22, 2014
Mr. GianPaolo Martire
AssistantPlanner
CupertinoCommunityDevelopmentDepartment
10300 TorreAvenue
Cupertino, CA 95014
Re: Noise ImpactandMitigation Study forLittle Tree MontessoriPreschoolProject, 20111Stevens
Creek Blvd, Cupertino
Dear Mr. Martire,
In response to your request I haveevaluated the potential noise impactsthat could be produced at
nearby sensitivereceptors by the proposed subject redevelopment ofa portion of theexisting 2-story
commercialproperty at 20111StevensCreek Blvd. in Cupertino. The reportdiscusses the present
environment, the proposedproject and its associated noise-relatedaspects, the potentialnewactivities and
operational noise impacts onthenearest receptors in the area, andcompliance with Cupertino noise
guidelines.
ProjectDescription [1] [2]
TheLittleTree MontessoriPreschoolProjectofCupertinoproposes to provideweekday daytimecare
for toddler and preschool-age kids on the subject site. TheLittleTreeMontessori Preschoolproposesto
redevelopseveralfirst-floor roomsequalingapproximately 7200 square feet of theexisting building for child
care activitiesandadministrative space, plus constructing an 6750square foot outdoor play area in the
existingparking lot on the west side of the building.
The property is zoned for commercial and school-typeuses. Internalmodificationswould be made to
the buildingfor LittleTree MontessoriPreschool use, as well as constructing an outdoorplayground area in
the presentparking lot. The surface of the play area will berubber, withtwo climbing structures, as well as
tricyclesand othertypical play equipment. Pavedparkingforsupporting Little Tree vehicles is available
adjacent to the building, which would besharedwiththeother tenantsof the building.
Thefacilitywouldaccommodate 130 kids and a staff of12, on a normalworkdayschedule of hours
8:00 am to 6:00pm) MondaythroughFriday. No holiday or weekend activities are planned onsite. A
maximum of 3-4 evening events inthe classrooms could be held annually, which would end by 9 pm. Inside
activitieswouldinclude typical educational, creativeand playactivities in specially-designedrooms for the
age range served. During the30-minute classoutdoorplayperiodsthroughout theday therewould be at
least two staff personnelat all times.
Sensitive Receptor Locations
The project area isa mixed residential and commercialneighborhood onthenorth side of Stevens
Creek Boulevard east of Randy Lane. Thenearestsensitive receptorlocationsfor noise generated by the
projectincludeseveralsingle-family residentialproperties on Wheaton Drive along the north property line of
the project. Othertypes of uses in thearea are commercial in nature and arenot considered sensitive,
suchas smallbusiness offices. Theother tenantssharing the buildingrepresentadditionalpotential
sensitive receptors for noise transmitted withinthe building. Vehicleaccessto the project would be from
StevensCreekBoulevard, as atpresent.
Little Tree MontessoriPreschoolProjectNoiseStudy – Cupertino Page 2 of 4
EnvironmentalConsultingServices * * * Saratoga
This study investigates theextent to whichthe adjacentresidences or buildingtenants could be
impacted by noisefrom Little Tree MontessoriPreschoolactivities. Thevariouspotentialnoiseimpacts are
discussed inthefollowing sections.
Ambient Noise Levelsand Noise Sources in the Area
The primarysource of ambient noise at the projectsite is traffic on StevensCreekBoulevard, a major
arterialbounding theprojectsiteonthe south side. Typicalvehiclepassby noiselevels are in the50-60
dBA range at 100feet. Trucks, buses, motorcycles, and poorly-muffledvehiclesproducepeak levels 5to15
dBAhigher onpassby. Large andsmallaircraft and helicopteroverflights createinfrequent noise incidents
of 55 to65 dBA. Other than typical sporadicneighborhoodactivities suchas garbagepickup, there areno
other notable noise sources intheprojectarea.
Field noise measurementswere made during the morningperiod of April 11, 2014with a CEL-440
Precision NoiseMeter andAnalyzer, calibrated with a B & K Model 4230SoundLevel Calibrator.
Measurementlocationswere chosen to represent the site and key receptorlocations, as describedbelow:
Location 1 – north property line adjacentto the residences on WheatonDrive, approximately 220
feetfrom theplanned playground area
Location 2 – near the plannedsouth edge of the playgroundarea, about 90 feet fromStevens
Creek Boulevard
Noise levelswere measuredand are reported using percentilenoisedescriptors, as follows: L90
the backgroundnoise level exceeded 90 % of thetime), L50 (the median noiselevel exceeded 50% of the
time), L1 (the peaklevelexceeded 1% of thetime), and Leq (the averageenergy-equivalent noiselevel).
Measured noiselevels are presented in Exhibit 1 below. The DNL/Ldn noiselevels werecomputed as the
long-term averageof the Leq usingthedaily trafficdistribution in the area, with standardweightedpenalties
for the nighttime hours, and modeled with an enhancedversion of the NationalCooperativeHighway
ResearchBoardtraffic noise model [4].
EXHIBIT 1
AMBIENT NOISE LEVELS (dBA)
Little Tree MontessoriPreschool area, 20111 Stevens Creek Boulevard, Cupertino
Location L90 L50Leq L1 Ldn
1. northpropertyline nearresidences 424747.5 5445
2. south edge ofplayground area 525859.5 6956
Traffic is the dominantnoisesourcenear the project site, with noise levels at any location inthearea
dependinguponvolume, speed and distance to the nearest traffic. Location 1is adjacentto the parking lot
and the residencesbehind, so it is some distancefrom directtrafficnoise except the low speedand low
volume parking lot traffic, and thus has overalllow noise levels. Location 2 is near the southboundaryof
the planned play area beside the building, about 90 feet from the nearest lane of StevensCreek Blvd. At
both locations the L90 background noise level isa result ofthe moderate-volume traffic on Blaney and I-280
several blocks north. Duringmorningandeveningperiods when temperatures are lower andhumidity
higher, noise is transmitted more efficiently, and noiselevelsfrom I-280 areoften higher by 5-8 dB.
Relevant Cupertino NoiseOrdinance Limits [3]
Section 10.48.040 of the CupertinoNoiseOrdinance applies to thisproject, whichlimitsnoise during
daytime hours (7 am to 8 pm) produced by sourcesadjacent to a residentialproperty to 60 dBA, orby
sourcesadjacent to commercial property to 65dBA. Notethatthere are no outdoorproject-related activities
during nighttime periods, when Citynoise limits aremore restrictive. In addition, briefdaytime noise
incidents onthesite would be allowedsomewhathigher noiselevels by Ordinancesection 10.48.050. For
example, noise incidents that lastless than 15 minutes during anytwohour period are allowed tobe5 dB
higherthan long-termgenerallimits.
Little Tree MontessoriPreschoolProjectNoiseStudy – Cupertino Page 3 of 4
EnvironmentalConsultingServices * * * Saratoga
Potential Little Tree MontessoriPreschool Noise Impacts
Outdoorplayground activities
All potentiallynoisyoutdooractivitieswould occurinthe playgroundareaadjacent to the building on
thewest side of the building. Twolarge climbingplay structuresareplanned ona rubberizedsurface
enclosed within a fence. The potentialnoiseimpacts fromoutdoor activities are described in the following
paragraphs.
Between 10:00am and 5:15pm there could be between 24 and a maximum of32 kids at a time
playing outsidein scheduledperiods. Full-day preschool kids havetwo outdoorplayperiods of about 30
minutes eachday. Half-day preschool kidshave onlyone period outside. Outdooractivitieswouldinclude
climbing on the playstructure, riding tricycles, participation ingroup games withballs, and other typical
outdoor play activities. All of the noisewould be from sporadicvoicesof kids and staff members. Activities
of thistypecan createintermittent briefnoise from voices of50to 65dBA ata distance of35-50 feet.
The residencesalong the northproperty lineare approximately220feetfrom the playground area, so
maximum playground noiselevels would be in the30 to40 dBA range inthe adjacentyards, partially
protected by six-footor eight-footproperty linewalls. Noiselevels at secondfloor levels in one residence,
unprotected by property linewalls, would beseveraldB higher in theselocations. However, eventhe
secondfloor noiselevelsfrom playground voices are at or belowambienttraffic noiselevels and
significantly below the CupertinoNoiseOrdinancelimits.
Activities inside the building
LittleTree MontessoriPreschoolactivitiesinside the building in the classrooms can includereading,
art, music, and other teachinganddiscussion activities. Noise impactsfromtheseinsideactivitieswould be
negligiblebecause of noise attenuation by thehigh-qualityparty walls and floor/ceilingassemblies dividing
the spaceswithin the building. Also, many of the classroom noisegenerated would be voicessimilar in
noisecharacteristics to activities by previouscommercialtenants. All noise transmissionthrough theparty
walls andfloor/ceiling assemblieswould be reduced 40-50dBA, sothere would beno significant noise
disturbancefrom the new activitieson existingtenants.
Noise Levels on the Playground
Asshown in Exhibit 1, noiselevels on the playground from traffic would be between 60 and 70 dBA at
leasthalfthetime, withan Leq average level ofabout 60dBA. While this is not a damaging noise level, it is
difficult for normal conversationand is not a pleasantenvironmentfor the kids at play. For thisreason, a
solidfenceeightfeet high along thesound boundary of the playgroundarea is recommended, to reducethe
noise level by 6-8 dBand provide a morepleasing outdoorenvironment. Thewall can be constructedof
anysolid material, with no cracks betweenelements or at ground level, such as a combination of ¾“ wood,
3/16” shatterproof glass, or 1/2” Plexiglas.
Conclusions and Summary
Overallambientnoise levels intheprojectarea now are establishedprimarily bytraffic onnearby
streets, and this willcontinue to bethe dominant noisesource in the area inthe foreseeable future. The
primary noticeablenoise would be intermittent andbrief voicesfromyoung children in the playground area
beside the building. With theinformaltype of playactivities, the age of thekids and thedistances involved,
these noise incidentswould not be noticeable in adjacent areas, would be withintheCity NoiseOrdinance
limits, andwould notbe expected to create anynoise impacts in adjacentresidentialareas. And toprovide
a quieter environmentforoutdoorplay, a solid fence/wall along the south playgroundboundary is
recommended.
If I maybe of further assistance onthisproject, please do not hesitatetocontact me.
Respectfullysubmitted,
Stan Shelly
H. StantonShelly
AcousticalConsultant
BoardCertifiedMember (1982)
Institute of Noise Control Engineering
Little Tree MontessoriPreschoolProjectNoiseStudy – Cupertino Page 4 of 4
EnvironmentalConsultingServices * * * Saratoga
REFERENCES
1. Projectdrawings: A1.1 - SitePlan andA2.1 - Floor Plan, LittleTree MontessoriNewCupertino
Campus, 20100StevensCreek Blvd, Cupertino, Adaptive Architecture, Cupertino, CA.
2. Operationalclassroominformationsheets “Daily Schedule”, and schoolactivitydescriptions forLittle
Tree Montessori, Janice Yeh, ProjectArchitect, April 2014.
3. NoiseOrdinance, MunicipalCodeSection 10.48, Noiselevels for residentialandcommercial zones;
City of Cupertino.
4. HighwayNoise - A DesignGuide for Highway Engineers, NationalCooperativeHighwayResearch
ProgramReport 117, HighwayResearchBoard, National Academy of Sciences, Washington, D.C.,
1971 (modelenhancedand field validated by ECS).
June I, 2014
To: Cupertino Planning Department
From: Carl Tucci
Re:Objections to Little Tree Daycare use permit
D
JUN 0 3 2p14
By:_--
As the adjacent property owner (20149 Stevens Creek), I emphatically object to
the application for a change of use for property known as 20085 StevensCreek,
Cupertino.
The existing office building and I have had a harmonious relationship for over 3
decades. New buyer bought the property as an office building, and now seeks to
change the use from office to daycare. This is a bad idea for me, for the
surrounding neighbors, and for the City of Cupertino.
NOISE POLLUTION
A daycare facility on the eastern boundary of my property will severely impact the
PEACEFUL USE AND ENJOYMENT OF MY PROPERTY, and will significantly
reduce the market value of my property because of the NOISE POLLUTION that
would emanate from the proposed playground just inches away from my front
doors.
Page three of the "noise study" prepared by applicant clearly states that
between 10 a.m. and 5:15 p.m. there could be between 24 and 32 kids at a time
playing outside in scheduled periods..... outdoor play activities of this type can
create intermittent brief noise from voices 50 to 65 dba at a distance of 35-50
feet."
The noise levels that this playground activity would be IN VIOLATION of the CITY
NOISE ORDINANCE section 10.48.040 which apply to this project. The
ordinance CLEARLY AND SPECIFICALLY limits noise during daytime hours
7a.m. To 8a.m.) to adjacent residential property to 60dBA AND TO SOURCES
ADJACENT TO COMMERCIAL PROPERTY TD 65dBA.
The report qoes on to erroneously state in no uncertain terms: "brief daytime
noise incidents on this site would be somewhat hiaher noise levels bv ordinance
10.48.050 because they last less than 15 minutes. This is pure unadulterated
FICTION: THIRTY FOUR sustained SCREAMING CHILDREN IS NOT
PLEASANT. IT IS IN FACT VEXING AND INTRUSIVE. I VEHEMENTLY OBJECT
TO THIS PROJECT. The report does not even consider the "ECHO or ricochet
off of the block-wall (the easterly side) of my building.
I have witnessed first hand the daycare playground facility behind Cort
FURNITURE. This is no picnic. I have video of the NOISE POLLUTION
STEMMING FROM THE PLAY AREA WITH ONLY 20 kids and and staff. The
noise was unbearable for more an a few minutes.
The report goes on. " noise levels on the playground from traffic )on Stevens
Creek) would be between 60-70 DBAAT LEAST HALF OF THE TIME, WITH AN
AVERAGE LEVEL ABOUT 60 DBA. While this is not a DAMAGING NOISE
LEVEL IT IS DIFFICULT FOR NORMALCONVERSATION AND IS NOT A
PLEASANT ENVIRONMENT FOR KIDS TO PLAY." Couple that noise level with
anticipated sporadic voices of kids and staff approximating 50 to 65 DBA (at a
distance of 35-50 feet) and you have a recipe for Impossible (health damaging)
noise pollution that significantly impacts the use and value of my property.
TRAFFIC AND PARKING WOES
The traffic report clearly states that "the proposed day care would generate
MORE one-way trips (in bound and out bound) at the site during both the a.m.
And p.m. Peak hours than are ALLOWED UNDER THE THE EXISTING SITE
AGREEMENT.
The 20885 StevensCreek site is already woefully lacking in adequate parking.
The OVERFLOW is already evident. Both sides of Randy Lane are already
parked bumper to bumper with overflow parking from 20885 Stevens Creek
Parkers. They park there in the morning-trek across my property-stay all day and
even use my parking lot without regard. The plan submitted calls for the
elimination of approximately 40 parking spaces where the proposed playground
would be: RIDICULES, SHORT-SIGHTED AND UNWORKABLE. Randy Lane will
become a parking lot for 20885 Stevens Creek, and that will cause problems not
imagined at this juncture.
The plan as presented shows an easement across my property. NO EASEMENT
WILL BE GRANTED. This will further make ingress and egress to 20885 Stevens
Creek more cumbersome.
Stevens Creek Boulevard, CUPERTINO is a premier address. A daycare facility
is at this site is NOT in the interest of CUPERTINO...and certainly does nothing
to foster the property values of neighboring properties. Day care users drop their
kids off in the morning and pick them up at night. They do not add to the
commercial entities in the vicinity, I.e., restaurants and retail businesses. They
offer no tax base for the city. My commercial property does generate SALES TAX
AND PROPERTYTAX.
Several potential tenants have approached me regarding my property.
Restaurants were not interested with the potential for noise pollution so close to
the property. Developers with an eye to build condos also stated that a daycare
playground so proximate would can their interest.
A long term lease of my property to Little Tree is a possibility. That would
eliminate many of my concerns. It may be possible for them to negotiate an
easement to facilitate their traffic flow problems.
If the proposed playground was placed BEHIND the office building, and
an 8' tall wooden fence with soundproofing, I would not be as opposed to
this project. In that case the area that is now proposed for a playground
could serve as an outlet to Stevens Creek. This would also eliminate
ambient noise from Stevens Creek, and be a healthier environment for
kids at play.
In the best interest of the neighbors, myself, and the fine CITY OF CUPERTINO,
I request a REJECTION OF THE USE PERMIT BY LITTLE TREE SCHOOL.
Carl Tucci, ATTORNEY AT LAW
4`
c
Carl Tucci
Attorney at law
RECEI l:.
408-377-1600
JUN 09 2014
June 8,2014 BY
To: CUPERTINO PLANNING DEPARTMENT
Re: 20885 and 20149Stevens Creek
Please find recommendations for dealing with the noise
pollution problems alluded to in previous communications.
1 . Erect an 8 foot high woodenfence
around the perimeter of theplay area
per the recommendation made by
applicants sound study. Page 3. . ."a
solid fence eight feet high along the
sound boundary of the playground area
is recommended to reduce the noise
levels by 6-8 dBand provide a more
pleasing outdoor environment. This wall
can be constructed of any solid
material, with no cracks between
elements orat ground level , such as a
combination of 3/4" wood, 3/16"
shatterproof glass, or 1 /2" plexiglass.
2. A buffer zone from the southern most
of propertycorner of my building to
playground, 10' is preferable.
3. Total cost of solving noise pollution
is minuscule in relation to purchase
price. (less than 1 /10th of one percent.)
4. Paint the easterly side of the 20149
StevensCreek building with SOUND
ABSORBING PAINT.
5. Gate on Stevens Creek shall be be used
for emergencies only to prevent parking
on my parking lot and on Randy Lane to
drop-off children .
if these suggestions are implemented into
the plan , I willdrop my objections to the
change of use permit.
Carl tucci, Attorney at Law
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LEGEND
Q Heart of the City Specific P1an Area Boundary
South De Anza Boulevard Conceptual Pian AreaR
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South De Anza Boulevard Spetiai Area*
City Center Sub-Area
South Vallco Master P1an Area
Properries wirh frontage exclusively on South De Anza Bouleva d(noi incJuding City Center norih)
are nor required ro insiall Heari of Che City srree[scape features. For these properties,Che setback
shal!be consistent with the South De Anza Boulevard ConcepCual Plan.
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a
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
SPECIAL PLANNING COMMISSION MEETING
DRAFT MINUTES
6:45 P.M. JUNE 9, 2014 MONDAY
CUPERTINO COMMUNITY HALL
The Special Planning Commission meeting of June 9, 2014 was called to order at 6:45 p.m. in the
Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA. by Chair Paul Brophy.
SALUTE TO THE FLAG
.
ROLL CALL
Commissioners present: Chairperson: Paul Brophy
Vice Chairperson: Winnie Lee
Commissioner: Margaret Gong
Commissioner: Don Sun
Commissioner: Alan Takahashi
Staff Present: Assistant City Manager: Aarti Shrivastava
Asst. Director of Community Development: Gary Chao
Associate Planner: George Schroeder
Assistant Planner: Gian Paolo Martire
Assistant Planner: Kaitie Groeneweg
Asst. City Attorney: Colleen Winchester
APPROVAL OF MINUTES: None
WRITTEN COMMUNICATIONS:
Item 1, also letter from FCC notifying that an application for cell tower has been submitted,
Cupertino City Hall site. Card from architectural firm representing client from the gas station on
Foothill Blvd. expressing appreciation for opportunity to speak before Planning Commission.
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARING:
1. EXC-2014-02, TR-2014-09 Residential Hillside Exception to allow a 2,986 sq. ft.
(EA-2014-02) EXC-2014-03 single family residence to be constructed on a slope of 30%
TR-2014-10 (EA-2014-03) or greater (Lot A); Tree Removal Permit to allow the removal
EXC-2014-04 (EA-2014-04) and replacement of 5 trees to facilitate the construction of a
Terry Brown (Osann and new single family residence (Lot A); Residential Hillside
Cupertino Planning Commission June 9, 2014
2
O’Grady Lots) Exception to allow a 3,185 sq. ft. single family residence to be
10645 Cordova Rd constructed on a slope of 30% or greater (Lot B); Tree removal
(Lots A, B and C) Permit to allow the removal and replacement of 3 trees to facilitate
construction of a new single family residence (Lot B); Residential
Hillside Exception to allow a 3,186 sq. ft. single family residence to
be constructed on a slope of 30% or greater (Lot C).
Planning Commission decision final unless appealed.
Kaitie Groeneweg, Assistant Planner, presented the staff report:
Reviewed application for three residential hillside exceptions to allow three new single family
residences to be constructed on slopes greater than 30%; detailed information is contained in the
attached staff report.
She presented a Power Point summary, reviewing the project site, project background, project data,
proposed residences, Hillside Exception, Geological Review, Tree Removals, Cordova Road
Improvements, Environmental Assessment, Outreach/Public Comments and Staff Recommendation as
outlined in the staff report.
In addition to the standard noticing, the applicant voluntarily held a neighborhood meeting on June 18,
2013; neighborhood concerns voiced at the meeting are listed on Page 6 of the Power Point
presentation included in packet. The project is consistent with RHS ordinance and conditions have
been added to address most of these concerns.
Staff recommends approval of the hillside exceptions and the tree removal permits in conjunction with
the draft resolutions.
Staff answered Commissioners’ questions regarding the application.
Terry Brown, representing 3 Property Owners: Osann, K. O’Grady, B. O’Grady:
Responded to issues and concerns summarized in the question/answer period with staff.
There are 3 parcels; 3 separate owners since 1998; the retaining walls on the site were redesigned for
two reasons: one for appearance and the second for the driveway issue. They worked with the
neighbor most affected across the street with respect to actual retaining wall materials and design; and
also at staff’s request limited the retaining walls to a maximum of 4 ft. height and they are less than
that. The driveway issue, the old driveway is on the south side of the Torre pine, hard to access; the
new driveway is on the north side of the Torre pine and is designed consistent with the Fire
Departments request and requirements. They had several discussions with the Fire Dept to make sure
they could access that property with their fire equipment. The Torre pine tree is a rare tree and there
has been a request to retain the tree. The road had to be widened south of the driveway in order to
accommodate the request. The Fire Dept. has approved that and there is only one residence that is
served south of that Torre pine by Cordova Rd.
With respect to the lot sizes, normally in the city you can build 45% of the lot size and they have been
restricted, and also further restricted on Lots A and B; where they have to subtract the easement for the
driveway; which is the reason for the relatively modest sized homes and they comply with the
residential hillside ordinance with respect to lots of 30% or greater.
The old house was demolished 15 years ago at the request of the City of Cupertino; the original site is
not acceptable for the construction of a house because there is a lot of undocumented fill there which
they will be required to remove and the grading will essentially eliminate that particular building site.
Relative to the road, the current roadway on Cordova ranges from about 10 to 13 feet; it is difficult for
cars to pass; the new roadway will be fully improved 20 feet wide which is easy for two-way traffic
and there will be no parking on that side, but it will be 20 feet wide except around the Torre pine
where it will be restricted to 10 feet.
Chair Brophy opened the public hearing.
Cupertino Planning Commission June 9, 2014
3
Chair Brophy:
Said there is always a concern with projects on steep hillsides including the danger to the homes being
built or to the adjoining property owners. Said in the past there have been houses that have slid in
rainy winters and he was curious if that is an inherent risk on building sites that are this steep or can
they be designed such that there should not be a problem?
Rex Upp, Engineering Geologist and Geotechnical Engineer:
Has been working on the subject project for many years and in Cupertino hills for over 30 years.
Responding to Chair Brophy, he said the latter; they can be designed so that there is not that problem;
the issues are evaluated and analyzed ahead of time and they are designed and constructed based on
that analysis. In this particular area there was landslide 20 years ago uphill of this which was to the
north but on a different slope going a different direction and it was caused by grading to create a
property down slope of the slide and eventually it just went because it was an unsupported slope.
Said the subject site doesn’t have those problems although it was graded decades ago for that original
house; those cut slopes have never created a problem, all the new slopes are going to be retained with
walls, the foundations will be constructed down into the bedrock; the houses are being set back into
the hillside which is a much more stable configuration than trying to create a big level pad and putting
the house on a level pad so they will be set back into the hillside which is a more stable foundation.
He said he did not have any concerns about slopes stability at the subject property.
Terry Brown:
Said they have to comply with the city ordinance relative to construction hours. The best solution is
to let the workers work as many hours as they can to get the project done because it’s a disruption on
the neighborhood and it is incumbent on any builder to expedite the process.
If the construction hours are significantly limited beyond what the city already does, it will drag the
project out and will be a neighborhood disruption for a longer period of time. The bulk of the people
who use Cordova Rd. live north of the proposed driveway; there is only one residence that is south of
the driveway and if the trucks are on site they are going to park on the construction site. The current
roadway is narrow and if they want to limit concrete trucks arriving at 7 a.m. or condition it within
reason, it could be done.
Chair Brophy:
Said a neighbor sent a letter expressing concern not so much about the usual issue with construction
hours and noise, but more about the ability of people who reside on Cordova Road to get children or
commuters off the street and not have it blocked by construction vehicles especially during the 7:30 to
9 a.m. period. If they are big vehicles the residents leaving early in the morning won’t be able to get
out of their houses which would be a concern.
Gary Chao:
Said there were requirements for construction management plan that would require Terry Brown and
contractors’ crew to demonstrate to the city construction hours in conformance with the city’s
requirement as well as access of not only construction vehicles, but contractor’s parking and
emergency access including a telephone number to the superintendent in the event they need to reach
them in an emergency.
Chad Mosley, Public Works:
Public Works requires all staging of construction equipment be on site and if needed to utilize the right
of way for staging, they would be required to get an encroachment permit limiting construction hours
between the hours of 9 and 3, so it shouldn’t be an issue in the morning for people getting out.
If they are required to utilize the right of way and would be blocking full access, Public Works would
Cupertino Planning Commission June 9, 2014
4
work with Terry Brown as well as the resident to temporarily open the gate to the south side to allow
access out. It would be done on a temporary basis and only as necessary. For the most part the
construction site can be staged onsite.
Chair Brophy:
The key thing from the perspective of any resident there is they would like it addressed beforehand
rather than have a problem on a given day where they would just take it out for school and for work.
Said he hoped that any construction management plan would reflect the unique situation on such a
narrow road.
Gary Chao:
Said that the construction management plan consisting of all those points addressed would have to be
reviewed and approved by the city including Public Works Dept. prior to issuance of building permits;
so the site is not going to commence construction activity until staff is comfortable with that plan.
Brian O’Grady, Owner of Lot C:
Provided a brief history of the subdivision on the hills; originally subdivided in the early 1900s when it
was common to have small lots. At one time there were as many as 6 or 8 lots on that hillside; over
the years the shapes were changed but they were always under separate ownership. When they
purchased the lots in 1998 they had been recently reconfigured in 1993 by the three separate owners at
that time. The reason for the reconfiguration was to make them into regular shaped lots.
Chair Brophy:
Noted for the record a letter from Chris Mitchener, 10676 Cordova Rd summarizing issues to be
addressed: (1) Feels adding three homes on a street where there are only five toward the end of the
street will increase the traffic and create safety issues, especially for families with young children; that
it will permanently alter the character of the neighborhood; and the development of three homes does
not fit the character of the present neighborhood. (2) The nature of the construction, specifically about
the issue raised earlier about whether or not construction activities between 7:30 and 9:00 will make it
difficult or impossible for parents to deliver children to school or similarly when people go to work she
does not want to be in a situation where children will be late or have to negotiate on an ad hoc basis
with the contractor.
Dennis and Barbara West, 10670 Cordova Road,
They have been at their address for 38 years; property is immediately adjoining the development
project. Thanked staff for their dedication and time to the project to get it right and also to the
developer for his sensitivity to the neighbors’ issues and willingness to address them. A key concern is
to have water at the construction site during the construction period except during the rainy season for
fire safety reasons. The road is closed at one end by a locked gate and the road cannot accommodate
two way traffic; the fire truck cannot get past cars. Because of the drought the ground is dry and at
high risk for fires. She asked that the developer reset the survey markers when they are done the road
improvements.
Said they supported the development; they had a neighbors meeting over a year ago, have listened to
the neighbors’ input and have been good about addressing the concerns.
Richard Enfantino, property owner adjacent on northern side:
Opposes the project.
Owner of two properties, one on Mercedes Rd and one on Cordova; access is on Cordova; they had a
private driveway before the proposed construction. Said he has had extensive work on his property
following slides and earthquake damage over the years. Putting in 3 more houses in the neighborhood,
with all the grading would pose a heavy impact on his property. Relative to the width of the road, the
Cupertino Planning Commission June 9, 2014
5
house on Cordova goes to the street in a wedge shape. It will be a pie shape going out to the street
which will narrow it down significantly, creating a bottleneck. With 3 more houses there will be many
more cars causing a heavy impact with no end in sight on how to get the road all the way down. Said
he travels extensively and was not aware of any meetings scheduled. Said he was willing to talk with
the developer and willing to share costs relative to the widening of the road.
Gary Chao:
Said it was not within the city’s capital improvement program to carry out the street changes; it is
city’s standard policy to work with the individual property owners to do it a section at a time.
Steven Breinberg, resident:
Echoed Mrs. West’s remarks about the developer being extremely helpful, accommodating and willing
to hear their concerns. He owns the property next to Mr. Enfantino’s wedge; the house that most
directly faces the house on the north side, lot C; one concern he had is about loss of visual privacy that
the house being proposed for Lot C would now have a view straight into our front windows, whereas
we currently have a nice private living room.
Requested that if the project moves forward the developer either retain the trees and brush that
provides visual privacy at that edge of the property or replace it with appropriate trees to restore that
visual privacy they will lose.
Said he had concerns about increased traffic; couldn’t say that he supported the project with due
appreciation for consideration of Mr. Brown, but if it does happen, it is one request he would make.
Terry Brown:
Said he has complied with R1 requirements for privacy plantings and would be happy to speak with
the neighbor about that and work something out.
Gary Chao:
Added, depending on if the Commission is considering adding a condition to that effect, perhaps they
could consider language along the line of addressing the intent of the R1 privacy protection because
there might be some retaining walls that preclude having a tree or shrub at that particular location in
which case Terry Brown could work with the adjacent neighbor in exploring planting trees on the
other side on the neighbor’s property as well potentially to address that.
Chair Brophy closed the public hearing.
Gary Chao:
Said the city consulting geologist Cotton Shire peer reviewed their recommendation and geotechnical
analysis and prescribed a set of conditions which are incorporated into the resolution, they are
comfortable with the game plan moving forward.
Com. Gong:
Said several neighbors support the project and the developer has worked well with the neighbors. She
supports the project and recommended that the developer work with Mr. Enfantino as well as Mr.
Bainberg to accomplish their request. Said she agreed with Vice Chair Lee that they should not be
imposing R1 requirements right now; and left it to the three neighbors to work out issues as they will
be neighbors.
Cupertino Planning Commission June 9, 2014
6
Com. Sun:
Relative to the road issue, he said he felt it was the developer/applicant’s responsibility for 300 feet;
any further is the city’s responsibility. The traffic bottleneck is not the developer’s responsibility;
there may be some sharing of costs between the neighbors. The city geologist has determined there is
no problem on the unstable hillside construction, which overrules the neighbor’s complaint. He said
he did not feel the privacy was a major problem; some trees can be planted to protect their privacy.
He said he supported the project.
Vice Chair Lee:
Said staff and the applicants did a good job. She generally does not like building on sloping lots or
hillsides with slopes; it affects the visual character of the hillside. As it is three separate owners and
has been three parcels for almost 100 years, she said she respects the property owners’ rights to
develop, and felt the site plans are reasonable and the number of parking spaces for each property and
residence seem appropriate. She said in the particular situation she would support the hillside
exceptions and concurrently the tree removal permits as well in order to construct the three residences.
She said she reluctantly supported the project.
Com. Takahashi:
Said the project complied with everything with the exception of the grade. The fact that there has been
peer review of the geologist’s work is positive, given the concern of building on hillsides. It was noted
by the neighbor that the developer has been proactive in outreach to the neighbors; with a goal to have
a harmonious neighborhood and not have any animosity after they are done building the project. It is a
good model for development and creates a positive environment moving forward. Given all the
findings he agreed that tree removal is required and the replanting as specified.
He said he supported the project.
Chad Mosley:
Said they had no issue with having water on site as long as the developer is on board; there is a fire
hydrant about 150 ft away which the Fire Department usually states is adequate. It has been a very dry
year and it may be advantageous to have water on site but only if the developer is willing to take the
extra step and do it. He said they don’t want to put undue requirements on them when the Fire
Department states what is there is adequate.
Gary Chao:
Said that there is also a condition that addresses that. (Section 4, Para. 24)
Chair Brophy:
Said they generally adhere to whatever the Fire Dept. says. He felt that while the hydrant is behind the
gate, to the extent they ever need to use that, there won’t be a problem getting a line there, but while
they can’t get the truck behind the gate, they can certainly get a line to the hydrant. Said he felt the
various issues have been handled.
He expressed concern about the construction management; that whatever the construction management
plan is, it be sensitive to the narrowness of the road and the burden that the construction activities
could place on the residents trying to get out especially in the morning hours. He said it was important
to make sure whatever additional terms are needed to deal with the unique situation of the one lane
roads in the hills is reflected. Residents don’t want to have to call the city to get a concrete truck out
of the way so they can get to work or take the kids to school.
Cupertino Planning Commission June 9, 2014
7
Motion: Motion by Vice Chair Lee, second by Com. Takahashi, and unanimously carried 5-0-0
to approve EXC-2014-02, TR-2014-09, EXC-2014-03; TR-2014-10, EXC-2014-04 and
approve Negative Declaration for EA-2014-02, EA-2014-03 and EA-2014-04 per the
model resolutions.
2. U-2014-01, ASA-2014-05 Conditional Use Permit to convert approx. 7,500 sq. ft. of office
JaniceYeh (Little Tree space of an existing two-story office building into a day care center
Bilingual Montessori use; Architectural and Site Permit to allow a play area, landscape
20111 Stevens Creek Blvd. enhancements and associated site improvements for a new day care
#130 and #150 center. Planning Commission decision final unless appealed.
Gian Paolo Martire, Assistant Planner, presented the staff report:
Reviewed application for Conditional Use Permit to convert a 7500 sq. ft. office space at an existing
two-story office building into a day care use, architectural and site approval to allow a play area,
landscape enhancements and associated site improvements for a new day care at an existing office
building; and Public Works condition that the driveway to the lots is also upgraded and brought up to
code, as outlined in the staff report. He reviewed the background of the application, existing site and
surroundings, operational information as outlined in the Power Point presentation.
He reviewed three concerns of resident Mr. Tucci. Relative to the noise concerns, he felt that the noise
impacts from the playground are significant. Staff found that the noise impacts emanating from the
playground and coming into the playground from the outside uses of the general area, both conform to
the General Plan Municipal Standards. In the noise study prepared by the city’s noise consultant, it
was also found and concluded that no significant impact was found for the neighboring properties.
The second issue is that the elimination of parking will create an overflow onto Randy Lane and
neighboring properties. In the parking and traffic study prepared by the consultant, it was found that
the impact would be less than significant or not significant at all. The site demand is equal to the
spaces provided; and the applicant will provide a parking management plan as conditioned. It was
noted throughout the study that the demand for parking fluctuates throughout the day; the day care use
at this site will not benefit and is inconsistent with the surrounding uses. As mentioned earlier, the site
was developed as an office space and not for retail, and as it is developed, it would not be suited for
retail, and the day care uses along Stevens Creek Blvd. aren’t actually increasing. The city is not
getting a new day care use, it is relocating to across the street. The environmental assessment for this
project was found to be categorically exempt because it is found to be an infill development project
and conversion of a small structure.
Staff recommends approval of the use permits, and the architectural and site approval to allow the
operation of a day care center per the draft resolution.
Staff answered Commissioners’ question regarding the application.
Janice Yeh, Applicant:
Family has been running Montessori in Bay Area for the last ten years, currently 4 schools; has been in
current location for 5 years; however presently having difficulties at current site regarding parking and
circulation. Said that the construction for the Biltmore North project has negatively affected the
circulation and there is a construction fence encroaching on the parking spaces making driveway even
narrower. Dust and noise from the construction site is also negatively affecting the day care center.
The proposed site across the street provides a similar square footage, ample parking, easy circulation.
They purchased the building with the intention of moving the present day care center to the one across
the street on the ground floor. She said she was aware of Mr. Tucci’s concerns about the possibility of
parents parking on his property but the day care patrons will not be parking on his property or on
Randy Lane because their parking lot is in closer proximity to the day care center. Relative to the
noise concerns, she said they have schools next to condos or behind office building and there have not
Cupertino Planning Commission June 9, 2014
8
been noise problems; and they are willing to make adjustments to schedules or number of children on
the playground if any problems arise.
Com. Gong:
Expressed concern about the designation of school parking vs. the parking for the tenants, and
suggested designating a specific area for the tenants to park separate from the school parking, and also
staff’s point that the 5 space dropoff might be sufficient. She felt that 5 spaces designated for drop off
was not sufficient; and suggested mitigation of a specific area in the parking lot for school parking, not
intermingled with the tenant parking.
Janice Yeh:
Said they would be able to accommodate that; in the current site there are 4 designated parking spaces
with 105 students.
Chair Brophy:
Noted for the record that he met with Ms. Yeh earlier in the day. Said it wasn’t technically a city
concern, but the applicant paid a high price for the building because of its Cupertino location, and
asked the applicant if she was not concerned about being able to rent space in a building where 25% of
the space is occupied by a day care center.
Janice Yeh:
She said certain businesses would be attracted to a building with a day care center for the convenience
of dropping their children off.
Chair Brophy opened the public hearing.
Carl Tucci, resident:
Opposes the project.
In order to emphasize his concern about the noise impacts from the children attending the day care, he
played a tape recording he took of children’s voices behind Cort Furniture, approximately 20 children
in the parking lot, 20 feet away. Said the corner of the day care’s property is on the corner of his
property with no buffer. He said the plan is based on a fallacy that they are going to go through an
easement and park their cars four abreast. He said he was not getting an easement, there has been no
easement negotiated with him and he was not giving an easement. He said he was not going to tear his
buildings down; he has owned his property for 35 years. He said the noise pollution is a definite
problem and impacts his property directly; restaurateurs have expressed interest in the property but
when he tells them it was a day care plan, they back off. Said he is knowledgeable about property
values and could not overestimate the impact it will have on his property.
Relative to the noise, he said that the consultant reported that the dba level exceeds the limits of
Cupertino and their traffic report says that the traffic exceeds the use permit limit. He said at best the
noise pollution would not make for a pleasant environment for the kids to play. He said he was not
opposed to children, but was worried about his own property and the noise emanating from that. He
said he felt it would be an all day madhouse in the parking lot.
Mr. Tucci:
Said he was not opposed to them making money from this business. Miss Yeh eluded before to the
agreement they had to lease his property, that agreement fell apart because there was a covenant in the
agreement that said if the city required him to give an easement, the deal was null and void. Said that
he has people interested in his property and was open to considering a deal. He said they could build
an 8 foot high solid wall around their playground area to eliminate the noise factor.
Cupertino Planning Commission June 9, 2014
9
Brian Flory, resident:
Supports application.
Complimented the staff on their day care program and the excellent education afforded to learn more
Chinese language. Said their current parking situation is bad, but the proposed parking much better.
They feel the bilingual school is important as it affords them the opportunity to have both their
children learn more Chinese.
Dasha Babic, resident:
Supports application.
Said his child would become trilingual while attending the day care, and has enjoyed the social,
cultural and educational services offered at the day care. He attested to the current bad parking
situation at the facilities and said he was recently involved in a fender bender in the parking area. He
said what was presented was a better solution with or without the easements for in and out for drop
off; the drop offs are very controlled. In the morning the five designated spots are okay because they
arrive in a two to three hour time block, not just one hour; and evenings are busier with pickups
happening between 6 and 6:30 p.m.
He said the noise from the kids was not a concern, but the car noises were not good. Said he liked the
idea of the screen between Stevens Creek and the playground. The trash structure is in the back by the
parking lot and the area is kept very clean and tidy.
Zhongying Chen, resident:
Supports the project.
Resident of Cupertino for more than 10 years; seen the growth of the community and consistent
demand for child care. It is important for parents to look for good child care; the bilingual school is
popular in the neighborhood because it is a bilingual Montessori program that helps the children
develop different skills including both English and Chinese languages and prepare for the kindergarten
program. It is a good idea to expand the facility and it will be a benefit to the community.
Richard Wilkinson, resident:
Supports the project. Commented on the high quality of education at the school, enabling his two
children to learn Mandarin Chinese.
Julie Mercik, representing property owners to the east, 20045 and 65 Stevens Creek Blvd.
Said she has been leasing office space in Cupertino for 30 years and is familiar with the Little Tree day
care Saratoga facility, and is pleased to hear positive comments about them. She expressed concern
about the traffic coming in and out of the existing easement. The traffic report says there are 92 new
trips created which is a lot for one day.
She said they have an issue since Apple came and are parking their vans in the lot next door to the
proposed day care; they share a parking lot which is full to capacity every day, in addition to the Apple
vans coming and going. They talked with Apple because they were bringing their vans through every
20 minutes which was an issue as they cut through their property adding to the confusion. She said
she felt adding 92 trips per day would be difficult.
She also addressed the issue of day care use and office space. Said she sold an office building at the
end of Stevens Creek past the Main Street to Sunflower Learning Center for their second location.
She said it would be difficult to lease that building to other office uses if the day care use goes in there.
It would be more of the after school learning type uses in there that are more compatible with day care.
Summer Sky: (husband spoke on her behalf):
Said his wife was concerned about people parking in their parking lot and trekking across their lawn
into their neighborhood property even though there is a No Parking sign. They also park on Randy.
Cupertino Planning Commission June 9, 2014
10
He said he erected an 8 foot high cyclone fence along the border of his property to prevent the
trespassing onto his property.
Joanne Li, property manager of the office building:
Supports project.
Addressed the current parking situation. The office is now about 80% occupied, with about 50 people
working each day in the office. The site of the proposed playground is mostly empty during the day
except during certain hours when there is a shade created by the building. The two back roads of the
parking are empty most of the time. Up until now they have not heard any concerns from existing
tenants.
Jackie Funk, Director of Campbell preschool:
Addressed concerns about noise level. The Campbell site is located behind the social security
building, with a combination of residences, business on one side and shopping center across the street.
Said he has not had any residents voice concerns about the volume of sound from children throughout
the day. There are designated morning and afternoon times that the children are outside, and there is
also a time when the children are sleeping in the afternoon and not outside. There is a maximum of 40
children are outside at any given time and there haven’t been any complaints from businesses or
residents nearby. Most people have expressed proactively that having a bilingual school is a
wonderful experience; moving across the street offers more opportunity to connect with a bilingual
school which is a positive.
Chair Brophy closed the public hearing.
Gary Chao:
Clarified comments made regarding the noise in terms of what was stated in consultant’s report; it is
important to clarify for the audience. Mr. Tucci pointed out that in general the staff’s or city’s
consultant pointed out that the proposed day care and its play area is going to exceed the city’s noise
limit which is not accurate. He said Mr. Tucci’s comments were taken out of context; and quoted the
conclusion by the noise consultant stating with informal type of play activities, the age of kids and the
distance involved, the noise incidents would not be noticeable in adjacent areas and would be within
the city’s noise ordinance limits and would not be expected to create any noise impacts in adjacent
residential areas. That is a statement directly out of the city’s noise consultant engineer’s report.
The other comment he referenced was in terms of having a fence and whether it was recommended by
the city’s noise consultant; who said it would be desirable to have an 8 foot wall surrounding the play
area but that was within the context of reducing the noise from the traffic from Stevens Creek Blvd.
It is difficult to mitigate traffic noises along Stevens Creek Blvd. because it is what it is and that is
something that all the tenants, commercial or professional, or day care, would have to deal with on a
daily basis. It is not whether the play area is going to generate noise where it warrants a wall
surrounding these children; it is more the other way around. He pointed out the fact that the existing
ambient noise level could at times be uncomfortable; therefore the applicant should consider doing it.
In the content of the report it talks about noise impacts measured at the property boundaries which
effectively would impact residential and/or other professional office commercial sites and it was
confirmed at the boundary line that all the decibel readings projected will be within the city’s noise
ordinance. There might be conversations about if you are at 10 ft or 5 ft away the decibels could
occasionally reach a certain level given the type of use, but where it applies and where it is measured
from is at the boundary line.
Cupertino Planning Commission June 9, 2014
11
Com. Sun:
If Mr. Tucci sold his property to convert commercial building into the residential building, does the
day care permit have to reapply or just stay there?
Gary Chao:
Said the day care would not be impacted by whatever Mr. Tucci does; it is valid no matter what Mr.
Tucci does with his property.
Vice Chair Lee:
Said she was concerned that they would potentially be adding another day care use if the use permit
had not expired and two day care centers could be located across the street from each other. In HOC
they try not to have a lot of non-retail uses on the first ground floor on Stevens Creek Blvd because
that is the commercial area. Said she did not feel the particular location is desirable for a day care
center; presently it is commercial/office and would be more appropriate to leave it as
commercial/office.
Com. Sun:
Said the use permit is to locate the day care across the street from where it presently is and it is a
business decision of the owner and doesn’t involve any zoning issue. He said he was not opposed to
the project.
Said he did not feel that Vice Chair Lee’s concern about the possibility of having a competing day care
center across the street from the proposed day care was justified as Little Tree is a successful business
and not threatened about having a similar business in the area. Other businesses offering similar
services have been successful even though they are within close proximity to one another.
Relative to the noise impact, he felt it didn’t compare with Stevens Creek highway traffic; the sounds
of children on the playground during play time is not noisy and there are set times they are on the
playground, not all day. He said he respected Mr. Tucci’s business decision but Mr. Tucci’s letter
voicing his concerns was not very convincing and he would support the project.
Com. Takahashi:
Asked what happens to the existing use permit given that the tenant is now vacating the lease property.
Gary Chao:
Said the landlord could have many options; they could rent it to a professional office use; they could
have retail use or they can continue with some other business operator with the day care business
provided that the new day care business can comply with the conditional use permit that runs with the
land. Little Tree day care intends to physically remove all their play equipment, fencing, planters,
basically restoring the back area into the original parking lot. Some effort would be needed if another
person were to put in a day care center. There is an expiration of the use permit if it is not used, one
year from the date of termination of previous business. If it is not used it also expires; whoever comes
along would then have to reapply for the whole process.
Pointed out that in this case the use permit is specific to Little Tree Montessori school, and in the
future, once their business terminates, they may decide to relocate to another space or no longer want
to operate, the use permit will terminate and whoever comes along next would have to go through the
whole process again. The previous was a standard format and this is different; it was also a suggestion
by Little Tree themselves and agreed upon by staff.
Com. Takahashi:
Said the fact that Little Tree owns the existing building and are seeking the conditional use permit is
positive from the standpoint that they are also the owner, and the probability of another day care center
Cupertino Planning Commission June 9, 2014
12
wanting to move in within one year is relatively low. He said that parking will be crowded and given
the easement if there is a way to temporarily add those spaces in, he would recommend doing that.
Said he did not analyze the traffic report in detail and was not fully up to speed as to what percentages
of the traffic migrates across, through the easements over to Blaney vs. out to Stevens Creek because
you can only access Stevens Creek westbound. Relative to the 8 foot fence, presently there is a fence
plan to segregate the playground from Stevens Creek primarily for safety reasons; it is presently
proposed to be a non-soundproof fence mainly for aesthetic reasons or safety.
Gary Chao:
It is proposed to be wrought iron and supported by staff; the reason being is that for aesthetic reasons,
they want to maintain that look along the frontage but not to visibly have a presence; hence the
screening with landscaping. Said a plexiglass wall to increase the sound barrier could be a creative
option.
Com. Gong:
Said she was concerned about the reduction in commercial/office space in the city. She was concerned
about the other tenants in the building but since the applicant is the owner, it is now the owner’s issue.
She suggested a requirement that the tenants and the school parents only use the Stevens Creek
driveway and easement for emergency use only.
Gary Chao:
Said they could make that suggestion and a condition of encouragement or to the maximum extent
possible because it is difficult to enforce. Said he would be concerned if it was a requirement; it could
be folded into a dropoff onsite circulation management plan where the management plan would be part
of the new signups or parent orientation that they review for the day care’s preference and directions
on pickup and to and from routes, in which case they could encourage the parents to use Stevens
Creek more than the ancillary driveways.
That route is there but it is not a straight shot; there are parking lots, speed bumps etc. to the side street
so it is not a very convenient location for daily driving purposes.
Com. Gong:
Said she drove the area and if she wanted to go south on Stevens Creek, she would take the easement
and go on Blaney rather than going on Stevens Creek having to go across and make a U turn. She
asked if the operational plan is part of Public Works or part of the application.
Gary Chao:
Said there is a condition that already requires parent/children drop off/pick up on site circulation plan
prior to allowing the business to commence. Community Development would review and approve that;
it could be made part of the plan.
Com. Gong:
Said with the concerns mitigated she supported allowing the conditional use permit especially if it is
tagged directly to the business rather than the land.
Chair Brophy:
Said he supported the application although he disagreed with some points. If it is denied, it is not
likely that the space occupied by Little Tree would be taken by a retail use. In terms of the visual
image along Stevens Creek or if they desire to have retail businesses along Stevens Creek, this issue is
not relevant to that discussion; it would just be an office use. As far as the use of the easements that are
now all the way from Blaney up to the property, they exist now and it is just a question if and when at
some future time Mr. Tucci’s property were to be developed, the city’s policy would be to require as a
Cupertino Planning Commission June 9, 2014
13
condition of development extending it all the way to the next block. There is no reason why this use
should be limited to not using the easement; it is effectively an unenforceable condition, and
everybody else is doing it.
Some of the minor issues are best resolved at staff level; when involved in such issues as where the
trash enclosure should be, they wind up spending a lot of time without producing any value to either
the applicant or staff. Other than minor concerns, he said he would be willing to accept the document
as prepared by staff.
Motion: Motion by Com. Sun, second by Com. Takahashi, and carried 4-1-0, Vice Chair
Lee voted No; to approve Application U-2014-01, ASA-2014-05
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION:
Environmental Review Committee:
Chair Brophy reported a meeting was held to approve the Cordova Road project.
Housing Commission: No meeting.
Mayor’s Monthly Meeting With Commissioners:
Meeting to be held next Wednesday.
Economic Development Committee: No meeting
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Written report submitted.
ADJOURNMENT:
The meeting was adjourned to the June 10, 2014 Planning Commission meeting at 6:45 p.m.
Respectfully Submitted: ________________________________
Elizabeth Ellis, Recording Secretary
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0305 Name:
Status:Type:Public Hearing Agenda Ready
File created:In control:7/1/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance
Agreement for solar panels and equipment and further consider findings that (1) the project’s
anticipated energy costs savings and revenue generated are greater than the project costs; and (2)
that the project is in the City’s best interests (Continued from July 1).
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :ConsiderawardinganEnergyServicesContractandanOperations/Maintenance
Agreementforsolarpanelsandequipmentandfurtherconsiderfindingsthat(1)theproject’s
anticipatedenergycostssavingsandrevenuegeneratedaregreaterthantheprojectcosts;and
(2) that the project is in the City’s best interests (Continued from July 1).
Under Postponements this item has been dropped.
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0228 Name:
Status:Type:Public Hearing Agenda Ready
File created:In control:6/2/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Main Street - Lazy Dog Restaurant and Bar and Late Night Hours.
Description:
Application No(s): ASA-2013-08, U-2014-05; Applicant(s): Jared Taylor (Main Street Cupertino
Aggregator, LLC); Location: 19359 Stevens Creek Blvd; Architectural and Site approval for final
refinements to Shop 2 and associated site improvements at the Main Street Cupertino project; Use
Permit to allow a restaurant (Lazy Dog Cafe) to operate until 1am Monday through Saturday and to
12am on Sundays and to allow an interior bar facility
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution (ASA-2013-08)
B - Draft Resolution (U-2014-05)
C - CC Resolution No. 12-098 Main Street M-2012-03.pdf
D - Reso 14-122.pdf
E - Applicant's Project Description Letter - Lazy Dog.pdf
F - Lazy Dog Color and Material Board.pdf
G - Lazy Dog Comments 061714.pdf
H - Lazy Dog Plan Set.pdf
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: Main Street - Lazy Dog Restaurant and Bar and Late Night Hours.
Description:
ApplicationNo(s):ASA-2013-08,U-2014-05;Applicant(s):JaredTaylor(MainStreet
CupertinoAggregator,LLC);Location:19359StevensCreekBlvd;ArchitecturalandSite
approvalforfinalrefinementstoShop2andassociatedsiteimprovementsattheMainStreet
Cupertinoproject;UsePermittoallowarestaurant(LazyDogCafe)tooperateuntil1am
Monday through Saturday and to 12am on Sundays and to allow an interior bar facility
AdoptdraftResolutionNos.14-180and14-181approvingtheArchitecturalandSiteApproval
(ASA-2013-08) and Use Permit (U-2014-05) (Attachments A and B, respectively).
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
Main Street – Lazy Dog Restaurant and Bar and Late Night Hours.
Recommended Action
Staff recommends that the City Council approve the Architectural and Site Approval (ASA-2013-
08) and Use Permit (U-2014-05) in accordance with the draft resolutions (Attachments A and B,
respectively).
Description
Application Summary
Application: ASA-2013-08, U-2014-05
Applicant: Jared Taylor
Property Owner: Main Street Cupertino Aggregator, LLC
Location: 19359 Stevens Creek Boulevard (Main Street Cupertino, APN 316-20-109)
Project Description
1. Architectural and Site Approval (ASA-2013-08) for final refinements to Shop 2 and associated
site improvements.
2. Use Permit (U-2014-05) to allow a restaurant to operate until 1 AM Monday through Saturday
and to 12 AM on Sundays and to allow an interior bar facility.
Project Data
Project consistency
with:
General Plan designation Commercial/Office/Residential
Yes
Zoning designation P(CG, ML, Res) – Planned
Development General
Commercial, Light Industrial,
and Residential
Specific Plan Heart of the City
Master Plan South Vallco
Lot Size (according to Tract No. 10172, 477,810 square feet (10.969 acres)
Background
Main Street Development/Use Permit and Architectural and Site Approval History
The Main Street Cupertino project was originally approved by the City Council on January 20,
2009 (U-2008-01 and ASA-2008-06). Since then, the City Council has approved several project
amendments (May 25, 2012 and September 4, 2012) to allow various changes to the land use
options, site design, and building footprints in order to facilitate the applicant’s requests.
On September 4, 2012, the Council specified the final architectural and site approval process and
criteria for the project (Attachment C, Resolution 12-098). The Council specified that the hotel
building, public park, and entry gateway feature shall return to the Council for final review and
approval, and the Design Review Committee (DRC) may approve the rest of the buildings.
Council Resolution No. 14-121)
Environmental assessment: Proposed refinements to the architectural details and
interior bar and late night hours requests are consistent
with the 2012 Addendum to the 2009 Final EIR
Previously Approved (file no.
M-2012-03/CC Resolution 12-
098)
Proposed
Land Use Retail (including restaurants up
to 40% of the entire project retail
area)
Restaurant with
interior bar, within
40% maximum area
Building area 8,200 sq. ft. 9,383 sq. ft.
Height (from existing grade) 45 feet or 60 feet with attached
retail
37 feet (one story)
Parking Shared parking approval for entire Main Street project
(except Lofts), subject to a parking management plan.
Minimum parking supply of 1,727 total stalls onsite for
non-residential uses plus 42 on-street stalls on Vallco
Pkwy.
Setbacks to existing curb/property
lines:
Previously Approved: Proposed
North (Vallco Parkway) 20 feet minimum to the curb approx. 310 feet
South (Stevens Creek Boulevard) 35 feet minimum to the curb (1.5
foot setback for every 1 foot of
building height)
35 feet, within 1.5:1
setback ratio
East (Tantau Avenue) approx. 560 feet,
within 1.5:1 setback
ratio
West (Metropolitan development) Property line setback distance at
one-half the height of the
building, or 10 feet, whichever is
greater
approx. 875 feet
The final hotel Architectural and Site Permit (ASA-2012-11) was approved by the City Council on
January 15, 2013. On February 25, 2014, on a DRC referral, the Council approved the
Architectural and Site permit (ASA-2012-15) for Shops 1, 3-5, 7 & 8, Pads 1-3, Town Square, Flex 1
and 2, Office 1 and 2, Parking Garage, and associated site and landscaping for the entire Main
street project. The Council specified in the resolution (Resolution 14-122, see Attachment D) that
all of the remaining buildings (Loft Apartments, Shops 2, 6, 9, and Major Retail Building), return
to the Council for final architectural and site approval.
Existing Site and Surroundings
The project site is identified as Shops 2 in the Main Street Cupertino project, and is located within
Parcel 1. The site is specifically located at the corner of Stevens Creek Boulevard and a yet-to-be-
named private driveway between Shops 1 and 2. To the north of Shops 2 is the retail/office Flex 2;
to the west is Shops 3; to the east is Shops 1; and to the south and across Stevens Creek Boulevard
are office uses.
Proposed Project
The applicant, Jared Taylor, representing Lazy Dog Restaurant and Bar (Lazy Dog), is requesting
an Architectural and Site Approval permit for final architectural and site refinements to Shops 2.
In addition, the applicant is requesting a Use Permit for an interior full service bar facility and
late night restaurant and bar operating hours until 1 AM Monday through Saturday and until 12
AM on Sunday.
The City’s General Commercial Ordinance requires use permits with Planning Commission
review for restaurants with interior bars and operating hours between 11 PM and 7 AM.
However, the Council will review the project since it entails final review and approval of the
architectural and site details, which require Council’s review per Resolution 12-098 (See
Attachment C).
Discussion
Lazy Dog’s Operational Details
Lazy Dog is a family-oriented full service restaurant that serves lunch and dinner daily. The
restaurant includes a 1,416 square foot exterior patio and 1,321 square foot service yard for trash
bin storage, and utility purposes. The restaurant proposes 240 regular seats, 16 bar seats, 68
exterior patio seats and up to 30 employees per shift. The interior bar will serve a full line of
alcoholic beverages for onsite consumption. The restaurant proposes late night operating hours
to cater to the active, downtown atmosphere envisioned for the Main Street Cupertino project.
All but one of Lazy Dog’s other 14 restaurants across California have operating hours until 12
AM.
See Attachment E for a letter from the project applicant regarding the proposed restaurant and
bar.
Proximity to Residential Area/Security
General Plan Policy 2-92 supports late night hours in the Main Street Cupertino project, since the
buildings contained within the development are located considerable distances from residential
areas. In addition, there will be disclosures in the Main Street Cupertino project’s covenants,
conditions, and restrictions (CC&Rs) that Main Street will be a vibrant and active commercial
area, and certain uses will generate noise audible from neighboring properties. The new
restaurant building will be located approximately 635 feet from the future Lofts residences in
Main Street, approximately 875 feet from the existing Metropolitan mixed-use development, and
approximately 325 feet from the nearest residential property to the southeast at 19140 Stevens
Creek Boulevard.
The Santa Clara County Sheriff’s Office has reviewed the interior bar and late night operating
hours requests and does not foresee any security concerns or negative impacts to the surrounding
neighborhood. Moreover, a future Sheriff’s substation will be located in the Flex 2 building
immediately across the driveway from the Lazy Dog.
Elephant Bar and Islands on Stevens Creek Blvd. and BJ’s on De Anza Blvd. are examples of other
similar existing restaurants with late night hours and interior bars. All of these examples have not
had a history of enforcement concerns.
A condition of approval has been added to require the property owner to address security
concerns in the event that they arise and reimburse the City in the event of additional Sheriff’s
enforcement time. As such, the applicant is required to provide a security plan for the City and
Sheriff’s Office review prior to final occupancy.
The new restaurant will be required to install an odor abatement system, to minimize any
potential odor impacts to the surrounding neighborhood.
Given the fact that the restaurant will promote Main Street Cupertino’s intended active, vibrant
atmosphere, is located at least 300 feet from any residential uses, and that there is not a history of
security concerns at other similar restaurants, staff supports the interior bar and proposed
restaurant hours of operation.
Proposed Building and Immediate Site Design
The proposed restaurant is designed in a rustic theme inspired by the Rocky Mountains, and is
similar to other Lazy Dog locations in California. The building exteriors feature stone cladding
throughout, with particular emphasis at the building entry. Steel awnings also denote the entry feature.
The remainder of the building cladding is predominately comprised of warm-colored smooth stucco
with horizontal wood siding to contrast with the adjacent stucco wall planes. Windows into the
restaurant are prominent on the north, west, and east elevations. The south elevation containing the
service yard includes backlit spandrel windows to give the appearance of an active storefront. Wood
supports and trellises are featured on all elevations to articulate the building and highlight window
areas. A flat standing seam metal roof is proposed for the primary building and patio area. The patio
area is oriented towards the interior of the project and is designed to be visually inviting with open
railings and a central fire pit. See Attachment F for the project color and material board.
Low and medium water use landscaping and decorative paving are proposed at the edges of the
building to further soften the appearance of the building. Other immediate site improvements around
the building are consistent with the approved site details for the Main Street Cupertino project
Additional Suggested Enhancements
The City’s Architectural Consultant has reviewed the building design several times and has the
following remaining comments (See Attachment G):
Add an additional window on the west elevation near the north side of the building
Widen stone columns and make its supports visually appear more substantial, not tapered
According to the applicant, the interior wall at the west elevation is utilized to display a signature
art piece for the restaurant, and requests that the additional window not be required. Regarding
the columns, the applicant feels that these provide a strong and supportive appearance, and notes
that the tapered columns are found in other elements of the building, such as the tower element,
and requests that the current column design remain as proposed.
Staff recommends that the Council provide direction on whether these two comments shall be
incorporated into the project design. If so, they will be added as conditions of approval in the
final resolution.
Conformance to City Council Resolution 12-098 (approval no. M-2012-03)
The project substantially conforms to the conditions in Resolution 12-098 (Attachment C) that
govern the project design and operations. Please see the table below for specific conformance
points:
Resolution 12-098 condition: How project conforms:
Condition 9 – Allow food service uses to consist of
up to 40% of the total retail square footage of the
Main Street Cupertino project.
Within the 8,200 square feet originally
allocated for Shops 2. Lazy Dog is the first
confirmed restaurant tenant, and the
conditions of approval note that its square
footage counts toward the 40%
Condition 23 – Compliance with Mitigation
Monitoring and Reporting Program (MMRP)
Project does not result in new significant
or more substantial environmental
impacts than disclosed in the certified
2009 Final EIR or 2012 Addendum. In
addition, conditions of approval prohibit
wood burning fireplaces or woodstoves.
Condition 47 – Compliance with the Heart of the
City (HOC) Specific Plan development standards
Project is consistent with the HOC
development standards
Condition 53 – Restaurant odor abatement Conditions of approval require odor
abatement systems to be installed.
Conditions 25 (construction phasing), 26 (grading
and construction hours), 30 (bike parking), 31
(parking lot lighting), 32 (building permit
conformance to 12-098 and ASA), 34 (sign program),
37-41 (Landscape Project Submittal requirements),
54 and 62 (utility screening), and 55 (trash &
delivery plan)
Referenced in conditions of approval
Environmental Assessment
No additional environmental impact assessment is required since the proposed project will not
have any new environmental impacts outside of the certified Environmental Impact Report
(2008) and associated addendums (2012) as part of the previous Council approvals.
Permit Streamlining Act
This matter is adjudicatory and is subject to the Permit Streamlining Act (Government Code
Section 65920 – 65964). The City has complied with the deadlines found in the Permit
Streamlining Act.
Project Received: December 13, 2013 (ASA-2013-08) and March 26, 2014 (U-2014-05)
Deemed Incomplete: January 16, 2014 and March 21, 2014
Deemed Complete: June 30, 2014
Since this project is Categorically Exempt, the City has 60 days (until August 30, 2014) to make a
decision on the project. The City Council’s decision on this project is final.
Noticing and Community Outreach
The following table summarizes the noticing for the July 15, 2014 Council meeting:
Notice Agenda
136 public hearing notices mailed to
property owners within 300 feet of the
project site (10 days prior to the hearing)
Site Signage
(14 days prior to the hearing)
Legal ad placed in newspaper
(at least 10 days prior to the hearing)
Posted on the City's official notice bulletin
board (one week prior to the hearing)
Posted on the City of Cupertino’s Web site
(one week prior to the hearing)
No public comments were received at the time of staff report production.
Conclusion
Staff recommends approval of the final architectural and site improvements since they are
consistent with the overall theme of the Main Street Cupertino project, Heart of the City Specific
Plan, and South Vallco Master Plan. Staff also recommends approval of the interior bar and late
night hours requests since they are not anticipated to have significant impacts to the neighborhood
and are consistent with other restaurant operating hours in the City.
____________________________________
Prepared by: George Schroeder, Associate Planner
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti Shrivastava,
Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – ASA-2013-09 Draft City Council Resolution
B – U-2014-05 Draft City Council Resolution
C - September 4, 2012 City Council Resolution 12-098
D – February 25, 2014 City Council Resolution 14-122
E – Applicant’s project description letter
F – Lazy Dog color and material board
G – Consulting Architect’s comments
H – Plan set
ASA-2013-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 14-___
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND
SITE APPROVAL PERMIT FOR FINAL REFINEMENTS TO SHOP 2 AND ASSOCIATED SITE
IMPROVEMENTS AT THE MAIN STREET CUPERTINO PROJECT, LOCATED AT 19359 STEVENS
CREEK BOULEVARD
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2013-08
Applicant: Jared Taylor
Property Owner: Main Street Cupertino Aggregator, LLC
Location: 19359 Stevens Creek Boulevard (Main Street Cupertino, APN 316-20-109)
SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for an Architectural and
Site Approval Permit for final refinements to Shop 2 and associated site improvements, as described in
Section I. of this Resolution; and
WHEREAS, a Second Addendum to the 2009 Final Environmental Impact Report was prepared and
adequately serves to address the environmental review of the proposed application in accordance with
the California Environmental Quality Act (CEQA); and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the City Council has held at least one public hearing in regard to the application;
and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
Given that the project is consistent with the General Plan, Zoning Ordinance, Heart of the City Specific Plan,
South Vallco Master Plan, and the Main Street Cupertino project development approvals; and is over 300 feet
away from any existing or planned residential uses and other sensitive receptors; the project will not be
detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience. In addition, there will be disclosures in the Main Street
Cupertino project’s covenants, conditions, and restrictions (CC&Rs) that Main Street will be a vibrant and
active commercial area, and certain uses will generate noise audible from neighboring properties.
Resolution No. 14-___ ASA-2013-08 July 15, 2014
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
a) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
The proposed restaurant building is compatible in mass, scale, and bulk as other buildings in the Main
Street Cupertino project, and other restaurant buildings located along major mixed-use corridors in the
City.
b) Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of walls, fencing, hedges and screen
planting harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
The project’s rustic architectural theme, earth tone colors, and associated landscaping are harmonious with
the varied style of the planned buildings in the Main Street Cupertino project and other
commercial/restaurant buildings along Stevens Creek Boulevard. The rich palette of materials/textures is
compatible with other buildings in the area, and is consistent with the Heart of the City Specific Plan
design guidelines. All above ground utility installations are required to be screened from public view
through a combination of landscaping and screen walls. Main Street Cupertino’s lighting adequately
serves to illuminate pedestrian paths and vehicular routes near the building, and will not glare to other
properties.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been designed to minimize traffic hazard, positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
Signage is required as part of the Main Street Cupertino project conditions of approval to be separately
reviewed and approved as part of a Master Sign Program.
d) This new development has been designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate
design measures.
The land uses, building heights, and building setbacks have been previously approved by the City Council.
The proposed landscaping features and vegetations will provide adequate screening and buffering from the
streets and adjacent uses.
Resolution No. 14-___ ASA-2013-08 July 15, 2014
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof:
The application for an Architectural and Site Approval Permit, Application no. ASA-2013-08 is hereby
approved and that the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record concerning Application no. ASA-2013-08 as set forth
in the Minutes of City Council Meeting of July 15, 2014, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received June 30, 2014 consisting of 15 sheets labeled A0.0, A1.0,
A1.1, A1.2, A2.0, A2.1, A2.2, A2.1 (Reflected Ceiling Plan), A3.0, A3.1, EXT-1, EXT-2, EXT-3, L1, and
Plant Photos, entitled, “Lazy Dog Restaurant and Bar, 19359 Stevens Creek Blvd, Cupertino, CA
95014,” drawn by Bitton Design Group and Stan Smith Associates; except as may be amended by
conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. U-2014-05 shall be applicable to this approval.
4. PREVIOUS CONDITIONS OF APPROVAL
The following previous Main Street Cupertino development/use permit and architectural and site
approval permit conditions of approval for the project site shall remain in effect:
M-2012-03 (Resolution 12-098), ASA-2012-10 (Resolution 12-099), TM-2012-04 (Resolution 12-100)
All conditions, with the clarification for M-2012-03 (Resolution 12-098), Condition no. 2
(regarding past conditions of approval that apply), that Resolution ASA-2012-10 (Resolution 12-
099), and TM-2012-04 (Resolution 12-100) superseded M-2011-09 (Resolution 12-054), ASA-2011-
24 (Resolution 12-055), and TM-2011-04 (Resolution 12-056), respectively.
ASA-2012-15 (Resolution 14-122)
Condition nos. 5 (construction plan set revisions), 6 (final trash enclosure design), 7 (onsite
utilities), 9 (railings, stairs, and retaining walls), 10 (demising walls), 19 (signage), 21 (screening),
22 (utility structures), and 23 (exterior building materials).
Resolution No. 14-___ ASA-2013-08 July 15, 2014
4. ARCHITECTURAL REVISIONS
Unless otherwise modified by the City Council, the applicant shall work with staff to incorporate the
architectural enhancements or changes as outlined by the City’s Architectural Consultant Visual
Illustration dated June 17, 2014 into the project design:
Add an additional window on the west elevation near the north side of the building
Widen stone columns and make its supports more substantial, not tapered
5. FINAL BUILDING DESIGN
The final building design and exterior treatment plans shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits. The Director of
Community Development may approve additional designs or make minor variations as deemed
appropriate. The final building exterior plan shall closely resemble the details shown on the original
approved plans. Any exterior changes determined to be substantial by the Director of Community
Development shall require a modification approval.
5. SITE LIGHTING
All new lighting must conform to the standards in the City’s Parking Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance. Prior to final occupancy, a
licensed lighting consultant shall confirm that the lighting is in compliance with the City’s standards.
6. TRASH AND DELIVERY ACTIVITIES
The applicant shall prepare a detailed refuse and truck delivery plan. The plan shall include, but not
be limited to the following:
a. Location and design of trash facilities (i.e. trash enclosures and receptacles). Trash enclosures
shall provide ample space to include trash, recycling, food waste, and waste receptacles along
with a tallow bin.
b. Quantity of trash receptacles.
c. Primary and alternative truck routes.
d. Signage for parking stalls displaced during pick-up and delivery hours.
e. Trash pick-up schedule.
All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department.
The final plan shall be submitted to the City and the City’s refuse service for review and approval
prior to issuance of building permits.
7. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Department and
the Community Development Department prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
Resolution No. 14-___ ASA-2013-08 July 15, 2014
8. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per
section 14.15.040 of the Landscaping Ordinance if the total planting area is greater than 2,500 square
feet. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
9. LANDSCAPE INSTALLATION REPORT
If the planting area is over 2,500 square feet, a landscape installation audit shall be conducted by a
certified landscape professional after the landscaping and irrigation system have been installed and
prior to final occupancy. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit.”
10. LANDSCAPE AND IRRIGATION MAINTENANCE
If the planting area is over 2,500 square feet, a maintenance schedule shall be established and
submitted to the Director of Community Development or his/her designee, either with the landscape
application package, with the landscape installation report prior to issuance of final occupancy, or
any time before the landscape installation report is submitted prior to issuance of building permits.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest control
or other factors as recommended by a landscaping professional.
11. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the “indemnified parties”) from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
Resolution No. 14-___ ASA-2013-08 July 15, 2014
12. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and
a description of the dedications, reservations, and other exactions. You are hereby further notified
that the 90-day approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a
protest within this 90-day period complying with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. REVIEW LIMITED TO ACCEPTABILITY OF SITE ACCESS AND WATER SUPPLY
Review of this development proposal is limited to acceptability of site access and water supply as
they pertain to fire department operations, and shall not be construed as a substitute for formal plan
review to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all applicable
construction permits.
2. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures shall be
provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18, whichever
is more restrictive. For the purposes of this section, fire walls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without openings or
penetrations. In other than residential buildings that require the installation of fire sprinklers for all
new buildings according to the California Residential Code, an automatic sprinkler system shall be
provided throughout all new buildings and structures. NOTE: The owner(s), occupant(s), and any
contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in
order to determine if any modification or upgrade of the existing water service is required. A State of
California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work. Sections 903.2 as adopted in Section 16-40-210 of the CMC.
3. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water
supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the
water purveyor supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based fire protection
system, and/or fire suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the potable water
supply of the purveyor of record. Final approval of the system(s) under consideration will not be
granted by this office until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7.
Resolution No. 14-___ ASA-2013-08 July 15, 2014
4. COMMERCIAL COOKING SYSTEMS
A hood/duct extinguishing system shall be installed in compliance with CFC Sec. 904 and 609. If
commercial cooking oil storage is proposed, compliance with CFC Sec. 610 is required.
5. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and County
Fire Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan
submittals, as appropriate to the project. CFC Chp. 33.
6. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in such a position
as to be plainly visible and legible from the street or road fronting the property. Numbers shall
contrast with their background. CFC Sec. 505.
7. CONSTRUCTION PLAN NOTES
To prevent plan review and inspection delays, the above noted Development Review Conditions
shall be addressed as “notes” on all pending and future plan submittals and any referenced diagrams
to be reproduced onto the future plan submittal.
PASSED AND ADOPTED this 15th day of July 2014, Regular Meeting of the City Council of the City of
Cupertino, State of California, by the following roll call vote:
AYES: CITY COUNCIL MEMBERS:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino
G:\Planning\PDREPORT\CC Res\2013\ASA-2013-08 CC res.doc
U-2014-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 14-___
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO ALLOW A
RESTAURANT TO OPERATE UNTIL 1 AM MONDAY THROUGH SATURDAY AND TO 12 AM ON
SUNDAYS AND TO ALLOW AN INTERIOR BAR FACILITY, LOCATED AT 19359 STEVENS CREEK
BOULEVARD (MAIN STREET CUPERTINO PROJECT)
SECTION I: PROJECT DESCRIPTION
Application No.: U-2014-05
Applicant: Jared Taylor
Property Owner: Main Street Cupertino Aggregator, LLC
Location: 19359 Stevens Creek Boulevard (Main Street Cupertino, APN 316-20-109)
SECTION II: FINDINGS FOR USE PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for a Use Permit to allow a
restaurant to operate until 1 AM Monday through Saturday and to 12 AM on Sundays and to allow an
interior bar facility, as described in Section I. of this Resolution; and
WHEREAS, a Second Addendum to the 2009 Final Environmental Impact Report was prepared and
adequately serves to addres the environmental review of the proposed application in accordance with
the California Environmental Quality Act (CEQA); and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the City Council has held at least one public hearing in regard to the application;
and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
a) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
Given that the project is consistent with the General Plan, Zoning Ordinance, Heart of the City Specific
Plan, South Vallco Master Plan, and the Main Street Cupertino project development approvals; is over 300
feet away from any existing or planned residential uses and other sensitive receptors; the project will not be
detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience. In addition, there will be disclosures in the Main Street
Cupertino project’s covenants, conditions, and restrictions (CC&Rs) that Main Street will be a vibrant and
active commercial area, and certain uses will generate noise audible from neighboring properties.
Resolution No. 14-___ U-2014-05 July 15, 2014
b) The proposed use will be located and conducted in a manner in accord with the Cupertino General
Plan and the purpose of the City’s zoning ordinances.
The proposed development is in conformance with the General Plan Land Use Map of the City of Cupertino,
since it is consistent with the existing land use designation (Commercial/Office/Residential). In addition, the
design is consistent with General Plan and Heart of the City Specific Plan policies that encourage
development to activate streetscapes and create community gathering places. General Plan Policy 2-92
supports late night hours in the Main Street Cupertino project, since the buildings contained within the
development are located considerable distances from residential areas.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof:
The application for a Use Permit, Application no. U-2014-05 is hereby approved and that the
subconclusions upon which the findings and conditions specified in this resolution are based and
contained in the Public Hearing record concerning Application no. U-2014-05 as set forth in the Minutes of
City Council Meeting of July 15, 2014, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received June 30, 2014 consisting of 15 sheets labeled A0.0, A1.0,
A1.1, A1.2, A2.0, A2.1, A2.2, A2.1 (Reflected Ceiling Plan), A3.0, A3.1, EXT-1, EXT-2, EXT-3, L1, and
Plant Photos, entitled, “Lazy Dog Restaurant and Bar, 19359 Stevens Creek Blvd, Cupertino, CA
95014,” drawn by Bitton Design Group and Stan Smith Associates; except as may be amended by
conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. ASA-2013-08 shall be applicable to this approval.
4. PREVIOUS CONDITIONS OF APPROVAL
The following previous Main Street Cupertino development/use permit and architectural and site
approval permit conditions of approval for the project site shall remain in effect:
M-2012-03 (Resolution 12-098) and ASA-2012-10 (Resolution 12-099)
All conditions, with the clarification for M-2012-03 (Resolution 12-098), Condition no. 2
(regarding past conditions of approval that apply), that Resolution 12-098, Resolution 12-099, and
Resolution No. 14-___ U-2014-05 July 15, 2014
Resolution 12-100 superseded M-2011-09 (Resolution 12-054), ASA-2011-24 (Resolution 12-055),
and TM-2011-04 (Resolution 12-056).
ASA-2012-15 (Resolution 14-122)
Condition nos. 3-7, 9-10, 18-19, 21-25
5. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
6. USE APPROVAL
Approval is hereby granted to allow the 9,383 square foot restaurant (including 1,321 square feet of
service area) to have an interior bar facility and have restaurant operating hours until 1 AM Monday
through Saturday and until 12 AM on Sundays. A 1,416 square foot exterior patio is also included in
the approval. The restaurant square footage shall count towards the percentage of allowable
restaurant uses in the Main Street Cupertino project.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
7. ODOR ABATEMENT SYSTEM
Per City Council Resolution 12-098, the restaurant is required to install odor abatement systems in
the air handling systems to reduce the odor impact from the restaurant to the adjacent community.
Detailed plans shall be reviewed and approved by the Community Development Department.
8. WOOD BURNING FIREPLACES OR WOODSTOVES PROHIBITED
Per City Council Resolution 12-098, mitigation measure MM AIR- 2.12 prohibits wood burning
fireplaces or woodstoves.
9. SECURITY PLAN
The applicant shall develop a security plan for the restaurant, which should reference the
comprehensive security plan for the Main Street Cupertino project, as required by Resolution 12-098.
The plan shall be prepared by the applicant and approved by the Sheriff’s Department prior to final
occupancy.
10. LAW ENFORCEMENT SUPPORT
The property owner shall pay for any additional Sheriff enforcement time resulting from
documented incidents resulting from the restaurant with interior bar and late night hour use at the
City’s contracted hourly rate with the Sheriff Department at the time of the incident.
11. USE PERMIT REVIEW/ADDITIONAL RESTRICTIONS
If complaints have been received related to the tenant(s) under this use permit, and the complaints
were not addressed immediately by the property management, then the Planning Commission shall
conduct a public hearing on the use permit at which time, the approval for late night hours and/or
interior bar area may be modified or revoked.
The City reserves the right to require additional security patrols and/or parking restrictions as
prescribed by the Sheriff's Office.
Resolution No. 14-___ U-2014-05 July 15, 2014
12. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approval by the Community Development Department.
13. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the “indemnified parties”) from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
14. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and
a description of the dedications, reservations, and other exactions. You are hereby further notified
that the 90-day approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a
protest within this 90-day period complying with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 15th day of July, 2014, Regular Meeting of the City Council of the City of
Cupertino, State of California, by the following roll call vote:
AYES: CITY COUNCIL MEMBERS:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino
G:\Planning\PDREPORT\CC Res\2014\ U-2014-05 CC res.doc
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORREAVENUE • CUPERTINO, CA 95014-3255
CU P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
September 20, 2012
AMENDED
Re: Subject: Modification to the Main Street Cupertino mixed-use development
Enclosed are two further modified resolutions that Council adopted at its September 4 meeting.
Please note that these are additional amendments to the previously sent letter dated September 18.
Sincerely,
Kirsten Squarcia
Acting Deputy City Clerk
cc: Community Development
500 Forbes, LLC
Attn: Kevin Dare
203 Redwood Shores Pkwy #200
Redwood City, CA 94065
RESOLUTION NO. 12-098
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVINGA MODIFICATION (M-2012-03) TO A MASTER USE PERMIT (U-2008-01 AND
M-2011-09), ARCHITECTURAL ANDSITE APPROVAL (ASA-2011-24) AND TENTATIVE
MAP (TM-2011-04) FOR A MIXED USE DEVELOPMENT TO ALLOW A HOTEL WITH 180
ROOMS; 130,500 SQUARE FEET OF RETAIL SPACE; 260,000 SQUARE FEET OF OFFICE; A
0.80-ACRE TOWN SQUARE; A 120-UNIT LIVE/WORK RENTALLOFT APARTMENT
HOUSING COMPLEX WITH AN ATTACHED 9,146 SQUARE FOOT RETAIL
CONDOMINIUM UNIT, AND 216 PARHING SPACES IN THE ATTACHED UNDERGROUND
GARAGE DEDICATED FOR RESIDENTIAL USE ONLY; A 5-LEVEL PARHING GARAGE
WITH TWO LEVELS OF UNDERGROUND PARHING; A 0.75 ACRE PARK INCLUSIVE OF
THEPARKAREA AND THE 20-FOOT WIDE LANDSCAPE BUFFER ALONG THE
WESTERN PERIMETER OF THE SITE ADJACENT TO THE METROPOLITAN MIXED-USE
DEVELOPMENT; ANDA TOTAL OF 1,769 PARHING SPACES (ASIDEFROM THE
RESIDENTIAL PARKING), BASED UPON A CREDIT OF 42 ON-STREET PARHING SPACES
AND 1,695 SPACES FOR THE RETAIL, OFFICE AND HOTEL AND AN ADDITIONAL 32
PARHING SPACES ON SITE, ON AN 18.5 ACRE SITE LOCATED ON THE NORTH SIDE OF
STEVENS CREEKBOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH SIDES OF
FINCH AVENUE) AND N. TANTAU AVENUE IDENTIFIED BY APNS 316-20-085, 316-20-078
AND 316-20-079
SECTIONI: PROJECT DESCRIPTION
Application No.:M-2012-03
Applicant:Kevin Dare
Property Owner:500 Forbes, LLC
Location: North of Stevens Creek Boulevard between Finch Avenue (including the both sides
of Finch Avenue) and N. Tantau Avenue, south of Vallco Parkway
APNs 316-20-085, 316-20-078 AND 316-20-079)
SECTION II: FINDINGS
WHEREAS, the City Council of the City of Cupertino received applications for a Modification to a
Master Use Permit, Architectural and Site Approval and TentativeMap, as described in Section I of this
Resolution; and
WHEREAS, thenecessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the City Council has held one orinore public hearingson this matter; and
WHEREAS, a Second Addendum tothe Final Certified 2009 Environmental Iinpact Report was prepared
to adequately address the environmental review of the proposed applications in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
Resolution No.12-098
1) The proposed project and use, at the proposed location, will not be detrimental or injurious to
property orimprovements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience; and
2) The proposed project and use will be located and conducted in a manner in accord with the
Cupertino Comprehensive GeneralPlan, the purpose of the Conditional Use Permits Chapter of
the Cupertino Municipal Code, and complies with the California Environmental QualityAct
CEQA); and
3) Theproposed project anduse is consistent with the zoning regulations and the South Vallco
Special Center and South Vallco Master Plan; and
4) The proposed project and use is consistent with the Heart of the City Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after carefulconsideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Modification to the Master Use Permit, Architectural and Site Approval and
TentativeMap, is herebyapproved, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based and
contained in the public hearingrecordconcerning Application No. M-2012-03 as set forthin the Minutes
of the City Council Meeting of September 4, 2012, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Main Street Cupertino, Sand Hill PropertyCompany,
Cupertino, California" site plan dated August 15, 2012 and dated received August 28, 2012,
Mixed Use Loft plans consisting of pages A1.0, A2.1, A2.2, A2.3,A2.4, A2.5, A2.6, and A3.0,
dated received August 28, 2012, and TentativeMap pages TM-1 through TM-8 dated received
August 28, 2012, except as may be ainended by the conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Resolution Nos. 12-054, 12-055 and 12-056, for
applications M-2011-09, ASA-2011-24, and TM-2011-04, shall reinain in effect unless superseded
by or in conflict with subsequent conditions of approval, including the conditions contained herein
in this resolution.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including butnot
limited to propertyboundary locations, building setbacks, property size, building square footage,
any relevant easements and/orconstruction records. Any misrepresentation of any property data
may invalidate this approval and inay require additional review.
4. DEVELOPMENT APPROVAL AND PERMIT EXPIRATION
Approval of a Modification to the Master Use Permit is granted based upon thesite plan identified
dated received August 28, 2012 to allow the construction of a hotel with 180 rooins; up to 130,500
2
Resolution No.12-098
square feet of retail space; a 0.80acre town square; 260,000 square feet of office space; a 120-unit
market-rate rental live/work loft apartment housingcomplex with an attached 9,146 square foot
retail condominium unit, and 216 parking spaces (1.8 spaces/unit) in the attached underground
garage dedicated for residential use only; a0.75 acre park inclusive of the park area and the 20-
foot wide landscape buffer along the western perimeter of the site adjacent to the Metropolitan
mixed-use development, a 5-level parking garage with two levels of underground parking; a total
of 1,769 parking spaces (aside from the residential parking) based upon a credit of 42 on-street
parking spaces and 1,695 spaces for the retail, office and hotel and an additional 32 parking spaces
on site; and a requirement for the ground floor of the office buildings and market-rate live/work
loft apartinent housingcomplex to accommodate retail components in each building.
The Modification tothe Master Use Permit shall expire within three (3) years from the date of this
approval.
With the exception of the residential units and office square feet, all other uses may be subject to
further refinement based on the final approved tenanting and land use plan, provided thatthere are
no additional environmental impacts, such as traffic and parking, as determined by the Community
Development Director.
Uses Develo ment A roval
Housin 120 market-rate live/work housingcomplex
Hotel 180-room hotel
Retail 130,500 square feet
Of ce 260,000 square feet
Parking For the retail, office and hotel: 1,769 spaces including spaces in the 5-
stories above ground parking garage with two underground levels of
parking, on-site surface parking spaces, and credit for 42 on-street
parking spaces along Vallco Parkway. Free parking shall be provided in
the parking garage and on the surface parking spaces for the retail and
office uses. However, the hotel may charge parking fees for its
customers to park in the parking garage.
For the live/work loft rentalresidential units: 216 parking spaces in the
attached underground parking garage dedicated for use by the residents
only
Publicly 1.55 acres of town square and park area, inclusive of the .20 acres of
Accessible Open the 20-footwide landscape buffer along the western periineter of the
Space (Town site (adjacentto the Metropolitan mixed-use developinent site)
S uare and Park)
5. OFFICE DEVELOPMENT ALLOCATION
The applicant is permitted to retain the 100,000 square feet of unrestricted office allocation
received in 2009 from the N. De Anza Boulevard area in conjunction with the approval for U-
2008-01, and shall additionally receive 160,000 square feet of office allocation froin the
unrestricted office allocation from other areas in the City, except from the Vallco Park North area,
to provide the applicant with a total of 260,000 square feet of unrestricted office allocation. The
applicant shall notdraw office allocation from the Major Companies pool.
3
Resolution No.12-098
6. HOTEL OPERATIONS
The hotel shall be permitted tooperate as a 24-hour late night business operation and shall provide
a minimum 6,500 square foot restaurant and meeting space area on the ground floor of the hotel
along the Town Square. Any additional or revised uses for the hotel will be reviewed at the time
specific business operation information is provided about these uses to determine if they are
permitted and will require a separate Use Permit application.
Note: This modifies the Condition No. 5 in the approval dated January20, 2009) to replace the
requirement for a 400-person banquet facility with a 6,500 square foot restaurant and meeting
space.)
7. LIVE/WORK RENTALLOFT APARTMENT REQUIREMENTS
Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be required
to ensure that the live/work rental loft apartment complex shall not be converted to condominium
units in the future, and shall adhere to the loft-style studio andone-bedroom units per the approved
site and floor plans. The covenant shall contain a provision that it maynot be modifiedwithout
the express written approval of the City.
8. RETAIL CONDOMINIUM OWNERSHIP REQUIREMENTS (PARCEL 5)
The developer shall construct no more than one retail condominium adjacent to the rental market
rate loft apartments. This retail condominium shall be owned by the same ownership as therest of
the retail on Retail Parcel 1 and not be soldseparately.
9. MAXIMUM PERCENTAGE OF RESTAURANTS
The maximum square footage of food service uses permitted within the retail space of the mixed-
use development shall not be more than 40% of the total retail square footage of 130,500 square
feet (or a maximum of 52,600 square feet of restaurant uses) based upon the approved
development plan dated August 15, 2012 in accordance with the Main Street Cupertino — Revised
Proposed Project Analysis report as Appendix A in the Second Addendum to the Final Certified
2009 EIR prepared by Fehr and Peers. Any future refinements tothe restaurant percentage may be
approved by the Director of Community Development if a subsequent parking and traffic analysis
indicates that thereis adequate parking for the various mixtures of uses and there are no additional
and/or new significant traffic impacts compared to thresholdsstudied in the original 2009
EnvironmentalImpact Report and 2012 Addendum.
10. TENTATIVE MAP
Approval of a TentativeMap is granted to subdivide the property froin three parcels into six
parcels per Pages TM-1 through TM-8 as follows:
a. Parcel 1 — 11 acres for the retailbuildings, park and town square
b. Parcel2— 1.5 acres for the office building on the corner
c. Parcel 3 — 1.5 acres for the officebuilding along Vallco Parkway
d. Parcel4— 1.5 acres for the hotel
e. Parcel 5 -1.5 acres for the live/work loft apartment buildingwith a 9,146 square foot two-unit
retail condominium parcel
f. Parcel6— 1.5 acres for the CommonArea Parcel for the benefit of Parcels 1 through 4.
4
Resolution No.12-098
Restrictions and requirements for the shared use of the parking garage to accommodate the retail,
hotel and office uses within the development site shall be included within the CC&Rs.
11. VACATION OF FINCH AVENUE
The vacation of Finch Avenue is necessaryto support this development. The vacation will be
processed according toprocedures set by the Streets and Highways Code and the Municipal
Code. A bond will be required prior to issuance of permits for street modifications that will
allow Finch Avenue to be reverted back to a standard City street in the case that the
construction of the project is not completed. The Developer shall install and complete the
street modifications within two (2) years of approval of the Final Map, or such longerperiod as
may be specifically authorized in writing by the City Engineer. Public access easements, for
bothvehicular and pedestrian travel, will be provided across the improved site, to link Stevens
Creek Boulevard with Vallco Parkway, as well as provide public access tothe park and the
town center" plaza area. Failure to complete the improvements within the specified time will
result in the reversion of Finch Avenue to a standard City street and the ownership of the
former Finch Avenue right-of-way shall revertback to the City. The reversion of Finch Avenue
backto a City street shall be subject to approval by the City Attorney and Director of Public
Works.
12. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress easements
between each lot created by the newdevelopment. The applicant shall also record appropriate
deed restrictions for necessary reciprocal ingress and egress easements between the adjacent
properties to the west, tobe implemented at such time that the City can require the same of
adjacent property owners. These reciprocal ingress and egress easements between each lot and
betweenadjacent properties to the west shall also be recorded onthe Final Map. The easement
language shall be reviewed and approved by the City Attorney and the Director of PublicWorks.
The covenant of easeinent shall be recorded prior to final map approval. The deed restrictions
shall contain a provision that it may not be modified without the prior express written approval of
the City.
13. PUBLIC PEDESTRIAN EASEMENT
Public access pedestrian easements through the interior sidewalks, pedestrian paths and plazas, the
town square, and park area shall be required and recorded on the final map as noted in the
tentative mapplans C0.0 — C6.5. The easement language shall be reviewed and approved by the
City Attorney and Director of Public Works prior to recordation of the easement on the project site
with the final map approval. The final map will include Public Pedestrian Easeinents, though the
CC&R's will includeadditional restrictions/guidelines on the usage of the Public Pedestrian
Easements.
14. COVENANTS, CONDITIONS AND RESTRICTIONS
The project CC&Rs shall be reviewed and approved by the City Attorney prior to recordation with
the final map approval. The CC&Rs shall incorporate requirements pertaining to the public access
easements, reciprocal ingress/egress easeinents, public pedestrian easeinents, shared parking,
maintenance and operation of common areas including but not liinited to public access to the park
and Town Square, and joint use agreements for the town square and park. The CC&Rs shall also
incorporate the Maintenance Agreement addressingthe maintenance of the park, town square,
sidewalks, shared driveways by the property owners of each of the lots, and landscaped park strips
along Vallco Parkway, N. Tantau Avenue andStevens Creek Boulevard adjacent to the subject
5
Resolution No.12-098
site. The conditions of approval for the project shall also be recorded on the properties and
incorporated into the CC&Rs. No changes may be made tothe CC&Rs without the City Attorney's
review and approval. The deed restrictions shall contain a provision that it maynot be modified
without the prior express written approval of the City.
15. JOINT USE AGREEMENT
Prior to recordation of the final map, the applicant shall submit a joint use agreement between the
City and the applicant to be reviewed by the City Attorney and the Director of Parks and
Recreation, and approved by the City Council, which permits the City to use the town squareand
park area for public use for community events or other similar City-approved events oractivities,
such as, but not be limited to a farmers' market, holiday activities, and summer events. The joint
use agreement shall be recorded and incorporated by reference into the Covenants, Conditions and
Restrictions (CC&Rs) of the project site. The Joint Use Agreement shall include provisions for
maintenance of the park and town square.
The joint use agreement shall govern the public use, programming, public access and percentage
of time available for the allowable public activities and events for which the town square and park
may beused. The agreement shall also requireavailable publicly identifiable restroom facilities
for public use during normal business hours. No structures will be constructed on the town square
area without the prior approval of the City of Cupertino, other than the retail pad structure(s)
approved in accordance with the Master Use Permit. The programmingprovisions of the joint use
agreement shall be administered between the applicant and the Parks and Recreation Department
and the document approved by the City Attorney. The Joint Use Agreeinent shall contain a
provision that it may not be modified without the express written approval of the City.
16. MAINTENANCE AGREEMENT
Applicant shall enter into a Maintenance Agreement that addresses the inaintenance of the park,
town square, sidewalks, shared driveways by the property owners of each of the lots, and
landscaped park strips along Vallco Parkway, N. Tantau Avenue andStevens Creek Boulevard
directly adjacentto the subject project site. The Maintenance Agreeinent shall be part of the
Covenants, Codes and Restrictions of the proj ect and shall be reviewed and approved by the City
Attorney prior to approval of the final map. The Maintenance Agreeinent shall contain a provision
that they inay not be modifiedwithout the express written approval of the City.
17. GROUND FLOOR RETAIL
Prior to issuance of building permits, the applicant shalldemonstrate the ground floor retail
functionality for buildings proposed at heights over 45 feet in accordance with the City's General
Plan, to the satisfaction of the Director of Cominunity Development. The ground floor retail shall
be connected to the building and be of substantial and appropriate size to accoinmodate the
functionality of retail uses. The building frontages of allbuildings facing the town square, except
for the hotel shall have ground floor retail. However, the hotelmust provide activeground floor
uses facing the town square.
18. PARKING GARAGE ON THECOMMON AREA PARCEL (OWNERSHIP AND RETAIL
PORTION)
The five-level above ground parking garage with two levels of below ground parking shall not be
sold separately from the other parcels in the project. It shall be held as a cominon area parcel.
6
Resolution No.12-098
Free parking shall be provided in the parking garage and on the surface parking spaces for the
retail and office uses. However, the hotel may charge parking fees for its customers to park in the
parking garage.
The retailincubator buildings on the south side of the parking garage serving Parcels 1 though 4
shall be physically connected tothe parking garage in order to satisfy the GeneralPlan height
requirement for buildings over 45 feet and under 60 feet.
19. DISCLOSURE CLAUSETO THE FUTURE PROPERTY OWNERS
The applicant/developer shall inform the future owners through the Covenants, Conditions and
Restrictions (CC&Rs) as well as other documentation of the surrounding projects and that the
development site is under a Cupertino Planned Developmentzoning. Property purchaser shall
check with the City to determine the specificrestrictions under the Planned Development zone and
related permits. The CC&Rlanguage incorporating this requirement shall be reviewed and
approved by the City prior to issuance of building permits.
20. BELOW MARKET RATE HOUSINGPROGRAM
Forresidentialunits, the applicant shall comply with the requireinents in the City's BelowMarket
Rate (BMR) Housingprogram. For alternatives to these requirements, the applicant may request
the Housing Commission to recommend alternatives to the City Council to meet these
requirements. For dedication of any housingunits at below market rates, the applicant shall record
a covenant, which shall be subject to review and approval by the City Attorney, to be recorded
prior to issuance of building permits for the planned senior housing building. BMR fees shall be
paid prior to issuance of building permits.
21. HOUSING MITIGATION FEES
Prior to issuance of building permits, the applicant shall provide the requiredhousing mitigation
fees for the commercial, office and hotel development on the project site.
22. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 30 days perreservation.
23. 2012 ADDENDUM AND SECOND ADDENDUM TO THE PREVIOUSLY-APPROVED
EIR AND THE MITIGATION MONITORING ANDREPORTING PROGRAM
The project shall implement all of the mitigation measures identified in the Mitigation Monitoring
and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as
modified by the 2012 Addendum to the Final EIR as updatedon May 4, 2012 and the Second
Addendum tothe Final EIR dated August 2012.
24. DEVELOPMENT ALLOCATION
Use 2009 Master Approved Modification to Approved 2012 Modified Master
Use Permit the Development Plan Use Permit Additional
Allocations Allocations Needed
Granted O tion A(1)-2
7
Resolution No.12-098
Retail Upto 150,000 s Up to 130,500 square feet. Noadditional allocation is needed
from the Vallco
Park South retail
commercial
allocation
Office 100,000 sf from 260,000 sf 160,000 sf additional from the
the N. De Anza unrestricted office allocation
Boulevard office availableper condition no. 4. The
allocation applicant may not use any
allocation from the Major
Companies office allocation.
Hotel Up to 250 rooms 180 rooms Noadditional allocation needed
from the
Citywide Hotel
allocation
Housing 160 units from 120 live/work loft apartment Noadditional allocation needed
the Vallco Park housing units
South residential
allocation
The applicant shall receive an allocation of up to 130,500 square feet of retail commercial square
footage from the Vallco Park South retail commercial allocation area; 120 live/work loft
apartment housingunits from the Vallco Park South residential allocation; 180 hotel rooms from
the Citywide Hotelallocation; and 260,000 square feet from the unrestricted office allocation
available citywide (except from the Vallco Park Northoffice allocation area).
25. CONSTRUCTION PROJECT PHASING ANDPARK BOND
Prior to issuance of grading and/or building pennits, the applicant shall prepare a construction
phasing schedule, and shalldemonstrate completion of the project based on the project expiration
date. The construction phasing schedule shall detail critical milestones of the construction.
Critical milestones of the construction shall include butnot be limited to the following:
The entire project shall be constructed in one phase (Phase I) andthe Modification to the Master
Use Permit shall expire within three (3) years from the date of thisapproval. Building permits for
allbuildings shall be filed and accepted by the City, and the permit shall be used (substantial and
continuous activity has taken place) prior tothe expiration of the Modification to the Master Use
Permit.
A performancebond for the park construction (not less than $L 125 million) shall be required in
Phase I. The applicant shall work with staff onthe appropriate tiining for acceptance of the
performancebond and completion of the park. If the park is not coinpleted to the satisfaction of
the City within three (3) years from thedate of approval of the permit, the City shall have the
option of calling in the bond and constructing the park.
A. Prior to granting a certificate of occupancy for the first of the hotelor office buildings, the
Town Square, street and sidewalk improvements along FinchAvenueloop and the street and
sidewalk improvements alongthe interior roadway connecting Finch Avenueloop to the office
parcelshall be coinpleted to the satisfaction of the City.
8
Resolution No.12-098
B. Prior to granting a certificate of occupancy for the second of the hotel or office buildings,
certificates of completion for shell, core, exterior facadesand related landscaping and
improvements shall be obtained for at least 50% of the retail approved for the project.
C. Prior to granting a certificate of occupancy for the third of the hotel or office buildings,
certificates of completion for shell, core, exterior facadesand relatedlandscaping and
improvements shall be obtained for all the retailbuildings.
D. Prior togranting a certificate of occupancy for the live/work loft and retail building, the park
shall be completed to the satisfaction of tlle City.
26. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited tothe dry season (April 15 to October 15) unless otherwise
approved by the Director of Public Works. Grading hours shall be limited to Monday through
Friday, 7a.m. to 8 p.m. Grading, street construction, demolition or underground utility work shall
not occur on Saturdays, Sundays and holidays, and during the nighttime period as defined in
Section 10.48.053(b) of the Municipal Code. Construction activities shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9a.m. to 6 p.m. Construction activities
are not allowed on holidays. The developer shall be responsible for educating all contractors and
subcontractors of said constructionrestrictions. Rules and regulation pertaining to all construction
activities and limitations identified in this permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominentlocation at the
entrance to the job site. The applicant shall comply with the above grading and constructionhour
requirements unless otherwise indicated in the mitigation ineasures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modified by the2012 Addendum to the Final EIR.
27. PARHING
The applicant shall provide the following number of parking spaces based upon the developinent
plan dated August 15, 2012 (dated received on August 28, 2012), with the following additional
requirements:
i) 32 additional parking spaces onsite (either in the shared parking garage or surface parking,
including 12 additional parking spaces by providing angled parking along the south side of
the plaza near the retail Shop 5 building and Pad 3 building. This balance is based upon the
difference betweenthe City's unshared parking rate required for the hotel, retail and office
buildings (1,769 spaces), credit of 42 on-street parking spaces along Vallco Parkway, and
the applicant's proposal for the hotel, retail and office parking (1,695 spaces). (1,769—42
1,695 = 32spaces) The applicant shall work with staff to incorporate the additional
spaces on site that may includeenlarging the parking garage by extending the upper story
over the alley east of the garage. and
ii) 12 additional underground parking spaces in the underground parking garage (increasing
parking to 1.8 spaces per unit for a total of 216 parking spaces for the live/work rental loft
apartment). Additionally, the applicant shall provide at least one assignedand reserved
parking space per unit at all times.
iii) Provide the 85 angled parking spaces and street iinprovements along the south side of
Vallco Parkway along the project frontage as approved in 2009 in association with this
project, until such time in the future the City decides to modify the parking and street
improveinents along Vallco Parkway.
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Theapplicant shall also comply with the swales and permeable surfaces requirement of the City's
Parking Regulations. Adjustments to the parking plan may be permitted based on the final
approved tenanting and land use program as long as there are no additional parking and traffic
impacts as determined by the Director of Community Development and the parking analyses in
the Second Addendum.
A parking management plan that describes the parking system used by the retail, hotel and office
uses shall be submitted for review and approval by the Community Development Director. The
applicant shall provide an updated plan for any tenant changes that result in changes to the parking
requirements.
28. BICYCLE PARHING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's ParkingRegulations under Chapter 19.124 of the Cupertino Municipal Code.
29. PARHING LOT LIGHTING
Lighting in the parking lots shall be approved by the Director of Community Development for
compliance with applicable regulations prior to issuance of building permits.
30. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for full
conformance with the Master Use Permit approval and the Architectural and Site Approval for
each building prior to issuance of building permits for each building.
31. SIDEWALKS/CROSSWALKS
A. The final sidewalk/street frontageplan shall be required to be reviewed and approved by the
City prior tothe final map, and shallmatch the guidelines of the South Vallco Master Plan and
be consistent with the sidewalk/street frontage plan for the adjacent Rosebowl inixed use
development.
B. The applicant shall provide decorative crosswalks with colored and/or stainpedasphalt
pavement across Vallco Parkway, N. Tantau Avenue and Stevens Creek Boulevard. The
decorativepaveinent materials shall be reviewed and approved by the Director of Community
Development and the Public Works Department, and shall be consistent with the
recoinmendation of the traffic analysis prepared by Fehr and Peers in the Transportation
Impact Analysis dated September 5, 2008 on p. 48.
32. SIGNAGE
Signageis not approved with this application. Signage shall conform tothe City's Sign Ordinance,
Heart of the City Specific Plan and South Vallco Master Plan. Prior to final occupancy and
approval of any individual signs on site, a detailedinaster sign program shall be subinitted for
review and approval in accordance with the City's Sign Ordinance.
33. ARCHITECTURAL AND SITE APPROVAL
A. The buildings, site development and architecture shall substantially confonn to the site plan,
elevations and details as shown in the approved exhibits, unless otherwise noted below. Prior
to issuance of building permits, the applicant shall be required to obtain approval of a separate
Architectural and Site Approval application for each of the buildingsby the Design Review
Committee; each Architectural and Site Approval application shall provide a detailed site plan,
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Resolution No.12-098
full elevations (all four sides), floor plans and any other details as required for Architectural
and Site Approval applications. Building colors and materialsshall be reviewed and approved
in conjunction with the Architectural and Site Approval. Minor amendments to approved
Architectural and Site Approvals for buildings and/or the site plan, including minor changes to
the layout of the site plan, building forms and building sizes, may be reviewed and approved
by the Director of Community Development.
B. The applicant shall provide the following additional modifications and enhancementstothe
plan prior toissuance of building permits (including recommendations referenced by the
City's Architectural Advisor on February 20, 2012 in Attachment 11 & 16 or as amended by
the PlanningCommission):
1. Town Square
a. The town square area shall be designed as a "flexible" public space that may be expanded
or shifted by the temporary closure of one or more of the surrounding publicly accessible
streets. Provide additional landscaping in the square.
b. In order to allow for a seamless expansion or shifting of the future pedestrian activities, the
town square area will be developed tobe flush with the grade of the surrounding street
system. The Director of Community Developmentmay approve other similar details
deemedto be consistent with the intent of this condition.
c. The applicant shall provide decorative semi-pervious pavements or similar treatments in
the town squareand plaza areas to the satisfaction of the Director of Community
Development.
d. Parking on the circular street system shall be delineated by decorative semi-pervious
paving or other similar treatments as deemed to be appropriate by the Director of
Community Development.
e. Final design and landscape of the town square area shall be reviewed and approved by the
Director of Community Development.
f. Temporary closure of any portion of the private drive streets, including methods used to
temporarily closethe street(s), will require approval from the Director of Public Works.
2. Office Buildin s
Architectural enhancementsto the building shall be incorporated including the following:
a. Enhance tower entry features with details and design features (particularly the central
tower entryfacing Stevens Creek Boulevard) and project the towers out and upward
from the main bulk of the building.
b. Provide prominent architectural design enhancements to emphasize the importance of
this corner as the eastern gateway entry to the City, including identifiable street
frontage public entrances along Stevens Creek Boulevard and N. Tantau Avenue, glass
store fronts and corner site features.
c. Provide horizontal eleinents to the building design to reducethe verticality of the
building frontages along Stevens Creek Boulevard and N. Tantau Avenue.
d. Provide deep recessed windows.
e. Unify the variety of building fonns with more closely related and toned down color
tones.
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f. Add ground floor space as an "arcade-like" elementalong Stevens Creek Boulevard
and around the corners at the easterly Main Street drive entry and a N. Tantau.
3. Hotel
a. The Architectural and Site Approval application for the design of the interior and exterior
of the hotel must returnback to the City Council for review and approval.
b. The exterior architectural design of the hotel shall be of the same quality and design
standard as the example provided by the applicant of the Marriott Residence Inn in the
Gaslamp district of San Diego.
c. Provide additional variationin height and wall articulations, such as larger roof eave
overhangs with additional fa ade depth and architectural detail and variety in roof eave
heights, to minimize the verticality, bulk and box-like shape of the building.
d. Enhance architectural detailing onthe building that is in scale with the building.
e. Provide deep recessed windows to provide depth to the building fa ade.
f. Increase the horizontal elements of the fa ade.
g. Add patio space (seating) at the corner of Vallco Parkway and FinchAvenue to enliven the
streetscapeand entry to the site.
h. Provide additional architectural pedestrian-scale detailing of the ground floor treatment of
the building, including along town square, Vallco Parkway, and the pedestrian area leading
to the garage.
i. Tone down the contrast in exterior colors and provide colorsthat will complement the
colors used within the development.
j. Provide an outdoor dining terrace along the frontages of the restaurant facing town square.
4. Retail Buildings
a. Revise the architectural design of the retail pad building(s) in town square from an agrarian
look to a park pavilion/kiosk style architecture with greater storefront glazing and
sophistication.
b. Provide active storefront pedestrian entrieson allretail shops facing Stevens Creek
Boulevard.
c. Provide specialdesign treatments between retail Shops 7 and 8 buildings to lead
pedestrians/customers between the park and the town square.
d. Bring the Shops 4, 5 and 6 buildings closer to the southeast and southwest corners of the
main entryway from Stevens Creek Boulevard.
5. Auto Court/Parking Garage
The parking garage shall provide architectural details and provide features along the ground
floor facing Vallco Parkway to promote pedestrian orientation along the street.
6. Street Furniture
The applicant shall provide street furniture and pedestrianamenitiesalong Stevens Creek
Boulevard and Vallco Parkway. Prior to the issuance of building permits for Phase 1 of the
project, the street furniture shall be reviewed and approved by the Design Review Cominittee.
7. Rental Live/Work Apartment Loft Buildin
a. Add a distinctive five-story high corner feature that provide a distinctive edge and corner to
thesoutheast corner of the building abovethe ground floor retail uses; otherwise, there will
be an awkward four-story high gap at this corner.
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b. Provide design articulation on the wall on the southwest corner of the building above the
trash enclosure. The ground floor trashenclosure on this corner facing the town square
needs to be properly screened and providearchitecturally enhanced.
c. The hallways appeartobe long and narrow and should be enhanced with widened similar to
hotel corridors.
d. Please clarify if the parking garageand the courtyard will be open or be secured.
e. The upper level plans need to clarify if there will be open views to the interior courtyard.
f. Plans should clarify where the windows or natural ventilationfor the units will be provided
on upper floor units.
g. Please clarify if the upper floor corridors open or enclosed along thesouthern side of the
building.
h. Please provide end cap/corner featuresto the building. Without these corner end caps, the
length and inassing of the building isemphasized.
i. Provide balcony openings for the units to bring residential presence to the street level.
Balconies should be more transparent facing the town square.
j. Enhance the ground floor treatment on the southwest corner (where thetrashenclosure is
proposed) to provide a focal point from the north-south walkway.
k. Confirm the height of the building since it may not exceed 60 feet per the City's General
Plan.
1. The top of the buildings need tobe enhanced with stronger tops.
m. Windows should be deep set to enhance the elevations.
8. Site Plan and Surface Parkin Lot
a. Provide angled parking along the north side of the plaza between the retail Shop 5 building
and retail Pad 3 building rather than parallel parking to gain additional parking spaces, and
to provide more easily accessible parking.
b. Modify the view to the rear of the parking cars from the loop drivewaylooking south
towards the retail Shop 6 building.
c. Modify the site plan to accurately identify the landscaped areas as green and a different
color for thehardscaped/non-landscaped areas.
d. Provide a single-wide crosswalk betweenthe incubatorretail buildings and the retail Pad 3
building in the privateroadway.
e. Modify the main driveway entrance to fix the awkward andsharp lane transition from
Stevens Creek Boulevard.
9. Parking Gara e and Attached Retail/Incubator Space
a. Provide left and right turn lanes from the eastern driveway entrance to the parking garage
along Vallco Parkway to avoid back-ups onto the street.
b. Consider an alternate more convenienthotel valet access to thegarage
34. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature onthe northwest
corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent with the policies
of the General Plan and South Vallco Master Plan. The gateway entry featureshall be a prominent
design that may fulfill the public art requirement and could include a decorative inonument feature
that spans over Stevens Creek Boulevard, or vertical structural elements on both sides of Stevens
Creek Boulevard and on the median toannounce entry. Also, this corner shall include a
cominunity banner andenhanced pedestrian crossingsthat inay include crosswalk lighting, special
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Resolution No.12-098
paving materials and/orprominent art orarchitectural feature announcing the entry to the City,
such as a wrought iron element, subject to review and approval by the City Council.
35. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by
the Director of Community Development prior to issuance of building permits for the building,
portion of development, and/or phase of development for which building permit applications have
been submitted. The landscape plan shall provide the followingprior to issuance of building
permits:
A. Water conservation and pesticide reduction ineasures and requirements in conformance with
Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter
9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
B. Afull landscape proj ect submittal per section 14.15.040 of the LandscapingOrdinance. The
Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water BudgetCalculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building permits.
C. Landscaping along Stevens Creek Boulevard and N. Tantau Avenue in accordance with the
streetscape design requirements of the Heart of the City Specific Plan.
D. Planting of two specimen oak trees flanking the driveway entrances to the developmentalong
Stevens Creek Boulevard as replacements for the removal of the existing dead specimenoak
tree.
E. Existing and Ash trees along Vallco Parkway shall be retained tothe maximum possible as
determined by the City Arborist.
36. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional after
the landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray orrun-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
37. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Developmentor hislher designee, either with the
landscape application package, with thelandscape installation report, or any time before the
landscape installation report is submitted.
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Resolution No.12-098
a) Schedules should take into account water requirements for the plant establishment period and
waterrequirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control;
and removing obstructionsto emission devices.
c) Failed plantsshall be replaced with the same or functionally equivalent plantsthat may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control orother factors as recoinmended by a landscaping professional.
38. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic inatter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water efficiency
of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape and
irrigation design plans in a timely manner either before or during the design process. A copy of the
soilsanalysis report shall be subinitted tothe Director of Community Development as part of the
landscape documentation package.
39. LANDSCAPEAND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a
formal written landscape maintenanceagreeinent with the City. The City shall record this
agreement, againstthe property or properties involved, with the County of Santa Clara Recorder's
Office and it shall be binding on all subsequent owners of land served by the proposed landscape.
The landscape maintenance agreement shall require that inodifications and maintenance activities
not alter the level of water efficiency of the landscape from its original design, unless approved by
the City prior tothe cominencement of the proposed modification or maintenance activity.
40. TREE REMOVAL
A. The applicant is approved to remove a total of 61 trees and relocate 17 trees on site in
accordance with the City Arborist's report prepared by David Babby and dated April 30, 2008.
Although the applicant is requestingapproval to remove these trees in accordance with the
City Arborist's recommendation, the intent is toretain as many of the existing perimeter street
trees for the remaining life of such trees where they are not considered dead or do notrequire
iininediate removal.
B. The applicant shall be required to replace the Aleppo Pine tree (Tree No. 113) that was
removed in accordance with the City's Protected Trees Ordinance (Chapter 14.18 of the
Cupertino Municipal Code).
C. For any trees that are removed due to hazardous conditions, are considered dead, or die as a
result of relocation, the applicant shall be required to obtain a tree reinoval permit and replace
thesetrees in accordance with the City's Protected Trees Ordinance.
D. For any trees that requireremoval due to construction plan drawing changesand/or
construction activity, the applicant shall obtain a tree removal permit in accordance with the
Protected Trees Ordinance.
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Resolution No.12-098
E. The Director of Community Developmentmay review and approve further refinements to the
tree removal and planting plan basedon the approved final land use program for the center
provided that there are no significant environmental or visual impacts.
41. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the Director of
Community Development in accordance with the City's Protected Trees Ordinance. The applicant
may be able to reduce the number of replacement trees onsite, if larger size trees are proposed, in
accordance with the tree replacement standards of the ordinance. For any additional trees that are
reinoved due to hazardous conditions or are considered dead, the applicant shall be required to
obtain a tree removal permit and replace these trees in accordance with the Protected Trees
Ordinance. Speciesand size of replacement trees shall be reviewed and approved by the
Community Development Director.
42. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by a certified
arborist for the trees to be retained. The applicant shall be required to install tree protection
measures before and during development in accordance with the City Arborist's report dated April
30, 2008, and in accordance with requirements of the Public Works Department for the
preservation of existing street trees. In addition, the following measures shall beadded tothe
protection plan:
A. For trees to be retained, chain link fencing and other root protection shall be installed around
the dripline of thetree prior to any project site work.
B. Noparking or vehicle parking shall be allowed under root zones, unless using buffers
approved by the project arborist.
C. Notrenching within the critical root zone area is allowed. If trenching is needed in the vicinity
of trees to be retained, the CityArborist shall be consulted before any trenching or root cutting
beneaththe dripline of the tree.
D. Tree protection conditions shall be posted on the tree protection barriers.
E. Retained trees shall be watered to maintain them in good health.
43. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in an ainount detennined by the City Arborist to
ensure protection of trees slated for preservation prior to issuance of grading, demolition or
building permits. The bondshall be returned after coinpletion of construction, subject to a letter
from the City Arborist indicating that the trees are in good condition.
44. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee in accordance with the City's Protected Trees Ordinance for
any trees that cannot be replacedonsite.
45. HEART OF THE CITY DESIGN GUIDELINES
A. The project shall comply with the Heart of the City Specific Plan developinent standardsand
design guidelines in effect at the time of project approval.
B. If any portions of the buildings on the Master Use Permit site plan do not ineet the miniinuin
setbacks perthe Heart of the City Specific Plan, the applicant inust either inodify the building
setback orobtainapproval of an Exceptionapplication tothe Heart of the City Specific Plan.
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Resolution No.12-098
46. SOUTH VALLCO MASTER PLAN
The project shall comply with the South Vallco Master Plan. Prior to release of building permits
for Phase 1 of the project, the final boulevard plan along Vallco Parkway shall be reviewed and
approved by the Director of Community Development. The applicant shallmake reasonable
efforts to contact adjacent property owners to show improvement plans including, but not limited
to the specific lighting, sidewalk furniture, and landscaping treatmentsto be consistent with the
vision of the South Vallco Master Plan.
47. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute an amount not to exceed $65,000to the improvements of a trail
connectionalong Calabazas Creek from Vallco Parkway toI-280. This contribution shall be used
by the City to administer a creek trail plan and necessary approvals and improvements. If this
fund is not used within five years of the project completion, then it shall be returned to the
applicant.
48. PARK AREA ALONG METROPOLITAN
A approximately 0.55 acre park area shall be maintained along the western property line adjacent
to the Metropolitan mixed-use development. A miniinum 20-foot wide landscape buffer shall be
provided along the western property line adjacent tothe Metropolitan mixed-use development; the
landscape buffer shallbe included in the acreage of the park. The design of the park area shall
include but not be limited to passive recreation apparatuses, such as a tot lot and sitting areas. The
Parks and Recreation Commission shall review the park design and shall refer its recommendation
to the City Council for review and approval. The linear green space park buffer parallel to the
eastern property line of the Metropolitan mixed use development shall be installed prior to
issuance of building occupancy of any building constructed adjacent to this property line.
49. SECURITY PLAN FOR PARHING GARAGE
The applicant shall develop a coinprehensive private security plan for the entire development
encompassing patrol hours, inanning levels and frequency, closed circuit cameras in the parking
garage, and adequate lighting levels. The plan shall be prepared by the applicant and approved by
the Sherif s Department prior to final occupancy.
50. PARHING GARAGE NOISE MITIGATION
The parking garage floors shall be treated/coated with materials as deemed appropriate by the City
to lessen the noise impacts of vehicle movements.
51. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abateinent systems to be incorporated into the air handling
systems to reduce the odor impact from the restaurants tothe adjacent community. Detailed plans
shall be reviewed and approved by the Coinmunity DevelopmentDepartinent prior to issuance of
building permits.
52. SCREENING
All mechanical and other equipment on the buildings and site shall bescreened so they are not
visible from public street areas or adjoining developments. Screening materials/colorsshallmatch
building features and materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Coinmunity Development prior to
issuance of building permits.
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Resolution No.12-098
53. TRASH AND DELIVERY ACTIVITIES
A detailedrefuge and truck delivery plan must be prepared by the applicant. The plan shall specify
locations of trash facilities, refuge pick up schedules and truck delivery schedulesand routes. All
trash facilities must bescreened and enclosed to the satisfaction of the Public Works Department.
The final plan shall be submitted to the Cityfor review and approval prior to issuance of building
permits.
All deliveries shall comply with the mitigation measures providedin the Mitigation Monitoring
and Reporting Program prepared by David J. Powers and Associates dated January 2009, except
as inay be modified by the 2012 Addendum to the Final Environmental Impact Report (EIR).
54. CONSTRUCTION MANAGEMENT MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and Public Works) to
review the applicant-prepared construction management plan.
55. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits. During Phase 1 and 2 of the construction, staging of construction and
equipment shall occur as far away from any residential property as possible. The applicant shall
also provide a construction manager hotline phone nuinber for residents of the adjacent
Metropolitan condominium complex to call for construction related activities on the project site.
The hotline number shall also be postedonthe project site and at the Metropolitan condominium
complex. Said construction management plan shall also provide the following:
A. Construction Vehicle Access and Routing
B. Construction Equipment Staging Area
C. Dust Control (Best Management Practices)
D. Hours of Operation
E. Street Cleaning Schedule and Program
56. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for
the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and inore often during windy periods to
prevent visible dust from leaving thesite; active areas adjacent to windy periods; active areas
adjacent to existing land uses shall be kept damp at all tiines, or shall be treated with non-toxic
stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand and other loose inaterialsor require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, apply water at leastthree tiines daily, or apply (non-toxic) soilstabilizers on all unpaved
access roads, parking areas and staging areas at construction site.
d) Sweep streets daily, or more often if necessary (with water sweepers) if visible soil inaterial is
carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best managementpractices into the
building permit plan set.
The applicant shall comply with the abovedust control requirements unless otherwise
indicated in the initigation measures identified in the Mitigation Monitoring and Reporting
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Resolution No.12-098
Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as modified by
the2012 Addendum to the Final EIR.
57. NOISE MITIGATION
The project and retail operationsshall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC), unless otherwise indicated in the mitigation measures
identified in the Mitigation Monitoring and Reporting Program (MMRP) dated March 2012 as
identified in the 2009 Final EIR and as modifiedby the 2012 Addendum to the Final EIR. In
addition, the following mitigation measures shall be taken in orderto reduce noise event iinpacts
to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Constructionequipinent shall be have quiet design features, be well-inaintained, and have a
high quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipmentthat produces
excessive noise at nearby receptors.
d) Unnecessary idling of machines when not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall beused to reduce operating noise.
58. GREEN BUILDING
The applicant shall obtain LEED certification designation for the hotel, office and loft residential
rental housing buildings in accordance with the U.S. Green Building Council standards and the
City's Green Building policies. The applicant shall also design the athletic club (if developed) and
retailbuildings to LEED certification standards, but will not be required to certify these buildings
as LEED certified. The applicant shall also provide solar hot waterheating for any pools provided
onthe project site.
59. TRANSPORTATIONDEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand manageinent (TDM) plan
incorporating solutions as indicated in the mitigation ineasures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modifiedby the2012 Addendum to the Final EIR, that inay includeparking cash-out
and ecopasses for employees, valet for custoiners and off-site parking options. The TDM plan
including the projected funding shall be reviewed and approved by the Director of Community
Developinent Director prior to issuance of building permits.
60. UTILITY STRUCTURES
All new utility structures shall be located underground or screened froin publicview tothe
satisfaction of the Director of Community Development and Public Works.
61. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the inaximum extent feasible
subjectto the Building Official and shall meetthe mandatory requireinents of the Cal Green
Building Code. The applicant shall provide evidence that inaterials will be recycled prior to
issuance of final demolition permits.
62. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard tothe
proposed project for additionalconditions and requireinents. Any inisrepresentation of any
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Resolution No.12-098
submitted data may invalidate an approval by the Community Development Department.
63. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHEREXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and otherexactions. You are hereby
further notified that the 90-day approval period in which youmay protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
64. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art
shall be installed on the project site prior to final occupancy of the last building completed in the
first phase. The public art shall be valued at a minimum of one-quarter percent(1/4%) of the total
project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed
by the Fine Arts Commission prior to installation of the public art.
65. CIRCULATION PLAN
Prior to issuance of building permits, the applicant shall provide an auto,bike and pedestrian
circulation plan.
66. VALLCO PARKWAY
All on-street parking along Vallco Parkway remains public. The parking spaces along Vallco
Parkway are public parking spaces which shallalways be available to the public. These spaces
cannot be limited to use by patrons or tenants of the Main Street Development. The City may
eliminate some or all of this parking at any tiine at its sole discretion.
67. PARKING CONVERSION FUND
Prior toissuance of any building permit for the project, the applicant shall be required to provide a
parking conversion" fund that will allow the City to convert the angled parking spaces with one
lane of eastbound traffic and a bike lane approved in association with the project along Vallco
Parkway to parallel parking spaces with two lanes of eastbound traffic and a bike lane, if and when
the City desires. Staff will work with the applicant onthe amount to be collected by the applicant.
68. SHERIFF SUBSTATION
The applicant shall add a Sheriffls substationon sitetobe incorporated into the parking garage.
The applicant shall work with staff on the appropriate location andsize of the substation.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
These conditions are not intended to be exhaustive. Additional conditions nay need to be addressed,
prior to issuance of a building permit, based on potential modifications to the site's usage and/or layout.
69. STREET WIDENING
Public street widening and dedications shall be provided in accordance withCity Standards and
specifications and as required by the City Engineer.
70. CURB AND GUTTER IMPROVEMENTS
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Resolution No.12-098
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
71. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall beno higher than the maximum height permitted by thezone in which the
siteis located.
72. FIRE HYDRANT
Firehydrants shall be located as required by the City and Santa Clara County FireDepartment as
needed.
73. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
74. DRAINAGE
Drainage shall be provided tothe satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional stormwater
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), low impact development
facilities, or other approved means, to reducethe amount of runoff from the site and to improve
storm water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes or storage structures) as necessary to avoid an increase of one percent flood water
surface elevation of the culvert to the satisfaction of the City Engineer. Any storm water
overflowsor surface sheeting should be directed away from neighboring private properties and to
the publicright of way as much as reasonably possible. Hydro-inodification measures may be
required as directed by the Municipal Regional Permit.
75. UNDERGROUND UTILITIES
The developer shall comply with the requireinents of the Underground Utilities Ordinance No.
331 and other relatedOrdinances and regulations of the City of Cupertino, and shall coordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer.
76. IMPROVEMENT AGREEMENT
The project developershall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for under grounding of utilities. Said agreeinentshall be
executed prior to issuance of constructionpermits
Fees:
a. Checking & Inspection Fees: 6% of Off-Site Improvement Cost or
4,101.00 ininimum
b. Grading Pennit: 6% of Site Improvement Cost or
2,387.00 minimum
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Resolution No.12-098
c. Development Maintenance Deposit: 3,000.00
d. Storm Drainage Fee: TBD
e. Power Cost:
f. MapChecking Fees: 8,052.00
g. Park Fees: per Municipal Code
or an equivalent park land dedication)
h. Street Tree By Developer
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% ofOff-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site GradingBond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposedherein lnay be modified at the time of recordation of a final
map or issuance of a building permit in the event of saidchange or changes, the fees changed at
that time will reflect the then current fee schedule.
77. TRANSFORMERS
Electrical transformers, telephone vaults and similar above groundequipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipinent is not
visiblefrompublic street areas. The transformer shall not be located in the front or side building
setback area.
78. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control
Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and
street improvement plans.
79. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Services Coinpany for water service
tothe subject developinent.
80. NPDES CONSTRUCTION GENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) froin the State Water Resources Control
Board, which encompasses preparation of a StonnWater Pollution Prevention Plan (SWPPP), use
of construction Best Manageinent Practices (BMPs) to control stonn water runoff quality, and
BMP inspection and inaintenance.
81. C.3 REOUIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement of
low impact development measures, for storm water treatment, onthe tentative map, unless an
alternativestonn water treatment plan, thatsatisfies C.3 requirements, is approved by the City
Engineer.
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Resolution No.12-098
Thedevelopermust include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of
ongoing operation and maintenance of treatment BMPs are each required.
All storm water management plans are requiredto obtain certification from a City approved third
party reviewer.
82. FULL TRASHCAPTURE SYSTEM
Thedeveloper will be responsible for installing a full trash capturesystem/device tocapturetrash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a singledevice or series of devicesthat traps all particles retained
by a 5 mm mesh screenand has a design treatment capacity of not less thanthepeak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
83. EROSION CONTROL PLAN
Thedeveloper must provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measuresused to retain inaterials on site. Erosion
control notes shall bestated on the plans.
84. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule tothe City to show the timetable for
all grading/erosion control workin conjunction with this project.
85. TRAFFICSIGNALIMPROVEMENTS
Thedevelopershall agree to fund upto $300,000 for the purpose of installing a traffic signal at
Finch Avenue and Vallco Parkway as well as for making traffic signal improveinents at the
Stevens Creek Boulevard and Tantau Ave intersection. The developer shall also submit a bond for
this purpose which will be released 5 years from the date of project occupancy.
86. TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY
The developer shall mitigate for traffic impacts at Vallco Parkway and Wolfe Road by
implementing one of the options stated in the Environmental Impact Report forMain Street
Cupertino per the approval of the City Engineer.
87. TRAFFIC MITIGATION AT HOMESTEAD ROAD & LAWRENCE EXPRESSWAY
The developer shall agree to submit their fair-share cost of up to $400,000 to improve Homestead
Road at Lawrence Expresswayaccording to the direction of the City Engineer. The fair-share
contribution to the County will be dependent onthe ainount of traffic generated by theapproved
Plan. In the event that a Plan is approvedthat has reduced traffic iinpacts, the same formula would
beused (calculating the percentage of traffic the project is adding to total growth between
background and cumulative conditions). The cost shall be submitted to the County of Santa Clara
in the form of a bond or cash deposit prior tothe City issuing building pennits, with the proviso
that the funds be committed to this specific improvement in accordance of section 66000 et. seq.
of the California Government Code.
88. PUBLIC ACCESS EASEMENT
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Resolution No.12-098
The Developer shall provide, to the satisfaction of the City Engineer, a public access easement
across the site, over the park and over the town center. The easement, including for vehicular and
pedestrian travel, shall link Stevens Creek Boulevard with Vallco Parkway, the park and the town
center. Public access easements shall include access for both vehicular and pedestrian travel, and
shall be shown and recorded on the Final Map. All of the internal roadways shall have a public
driving and parking access easement over them. Public access areas maynot be closed off without
theconsent and approval of the PublicWorks Department, and shall be governed by the Joint Use
Agreement recorded within the project's Covenants, Conditions and Restrictions (CC&R's). The
public access easement shall be subject to approval by the City Attorney. The public access
easement shall contain a provision that theymay not be modified without the express written
approval of the City.
89. PEDESTRIAN IMPROVEMENTS
The developer shall provide pedestrian improvements along the property frontage, including
crosswalk improvements at adjoining intersections. Final crosswalk improvement plan shall be
reviewed and approved by the City Engineer.
90. BUS STOP LOCATION
The developer shall improve bus stops on Stevens Creek Boulevard along the project frontage and
the immediate vicinity of the project site to the satisfaction of the City Engineer; this inay include
consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops.
91. TRAFFIC CONTROL PLAN
The developermust submit a traffic control plan by a Registered Traffic Engineer to be approved
by the City. The plan shall include a temporary traffic controlplan for work in the right of way as
well as a routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the City prior to commencement of work. The City has adopted
Manual on UnifonnTraffic Control Devices (MUTCD) standards forall signage and striping
work throughout the City.
92. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
93. TRAFFIC CALMING
The developer shall agree to fund upto $100,000 for thepurpose of mitigating traffic impacts in
the adjacent neighborhoods resulting froin the project for a period of 5 years following project
occupancy. The developer shall submit a bond for this purpose which will bereleased 5 years
froin the date of project occupancy.
94. EMERGENCY VEHICLE PREEMPTION FUND
The Developer is required to pay$15,000.00 to fund three Emergency Vehicle Preemption devices
for traffic signals at the adjacent intersections.
95. BICYCLE PARHING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
96. OPERATIONS & MAINTENANCE AGREEMENT
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ResolutionNo.12-098
The developer shall enter into an Operations & Maintenance Agreeinent with the Cityprior to
final occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
97. TRASH ENCLOSURES
The trashenclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department isneeded prior to obtaining a building
permit.
98. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
99. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by the
City in accordance with Ordinance No. 125.
100.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction tothe approval of the City.
101.SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval beforerecordation of the final map. The developer
shallpay for and obtain Water District permit for activities or modifications within the District
easement or fee right of way or affecting District facilities.
102.STREAMSIDE PERMIT
Prior to issuance of a building pennit, the developer shall provide plans and infonnation that
satisfiesthe requirements of the Stream Side Permit as set forth by the Santa Clara Valley Water
Resources Protection Collaborative. These items include, but are not limited to, topographic
survey, specific measures to protect streains and/or waterbodies from water quality impacts,
coordination with all interested jurisdictional agencies, etc.
103.SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the CupertinoSanitary Districtprior to
issuance of building pennits.
104.SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior toissuance of building permits.
105.UTILITY EASEMENTS
25
RESOLUTION NO. 12-098
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION (M-2012-03) TOA MASTER USE PERMIT (U-2008-01 AND
M-2011-09), ARCHITECTURAL ANDSITE APPROVAL (ASA-2011-24) AND TENTATIVE
MAP (TM-2011-04) FOR A MIXED USE DEVELOPMENT TO ALLOW A HOTEL WITH 180
ROOMS; 130,500 SQUARE FEET OF RETAIL SPACE; 260,000 SQUARE FEET OF OFFICE; A
0.80-ACRE TOWN SQUARE; A 120-UNITL][VE/WORKRENTAL LOFTAPARTMENT
HOUSING COMPLEX WITH AN ATTACHED 9,146 SQUARE FOOT RETAIL
CONDOMINIUMUNIT, AND 216 PARKING SPACES IN THE ATTACHED UNDERGROUND
GARAGE DEDICATED FOR RESIDENTIAL USE; A 5-LEVEL PARKING GARAGE WITH
TWO LEVELS OF UNDERGROUND PARKING; A 0.75 ACRE PARK INCLUSIVE OF THE
PARK AREA AND THE 20-FOOT WIDE LANDSCAPE BUFFER ALONG THE WESTERN
PERIMETER OF THE SITE ADJACENT 'TO THE METROPOLITAN MIXED-USE
DEVELOPMENT; ANDA TOTAL OF 1,769 PARKING SPACES FOR NON-RESIDENTIAL
USES (INCLUDING 42 ON-STREE PARKING SPACES ALONG VALLCO PARKWAY AND
1,727 ON-SITE SPACES) ON AN 18.5 ACRESITE LOCATED ON THE NORTH SIDE OF
STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH SIDES OF
FINCHAVENUE) AND N. TANTAU AVENUE IDENTIFIED BY APNS 316-20-085,316-20-078
AND 316-20-079
SECTION I: PROJECT DESCRIPTION
Application No.:M-2012-03
Applicant:Kevin Dare
Property Owner:500 Forbes, LLC
Location: North of Stevens Creek Boulevard between Finch Avenue (including the both sides
of Finch Avenue) and N. Tantau Avenue, south of Vallco Parkway
APNs 316-20-085, 316-20-078 AND 316-20-079)
SECTION II: FINDINGS
WHEREAS, the City Council of the City of Cupertino received applications for a Modification to a
Master Use Permit, Architectural andSite Approval and TentativeMap, as described in Section I of this
Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the City Council has held one or more public hearings on this matter; and
WHEREAS, a Second Addendum to the Final Certified 2009 Environmental Impact Report was prepared
to adequately addressthe environmental review o f the proposed applications in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
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Resolution No.12-098
1) The proposed project and use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, orconvenience; and
2) The proposed project and use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, the purpose of the Conditional Use PermitsChapter of
the Cupertino Municipal Code, and complies with the California Environmental Quality Act
CEQA); and
3) The proposed project and use is consistent with the zoningregulations andthe South Vallco
Special Center and South Vallco Master Plan; and
4) The proposed project and use is consistent with the Heart of the City Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after carefulconsideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Modification tothe Master Use Permit, Architectural and Site Approval and
TentativeMap, is hereby approved, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusionsupon which the findings and conditions specified in thisresolution are based and
contained in the public hearing recordconcerning Application No. M-2012-03 as set forth in the Minutes
of the City CouncilMeeting of September 4, 2012, and are incorporatedby reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Main Street Cupertino, Sand Hill Property Company,
Cupertino, California" site plan dated August 15, 2012 and dated received August 28, 2012,
Mixed Use Loft plans consisting of pages A1.0, A2.1, A2.2, A2.3, A2.4, A2.5, A2.6, and A3.0,
dated received August 28, 2012, and TentativeMap pages TM-1 through TM-8 dated received
August 28, 2012, except as may be amended by the conditions contained in thisresolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Resolution Nos. 12-054, 12-055 and 12-056, for
applications M-2011-09, ASA-2011-24, and TM-2011-04, shall remain in effect unless superseded
by or in conflictwith subsequent conditions of approval, including the conditions contained herein
in thisresolution.
3. ACCURACY OF THE PROJECT PLANS
The applicant/propertyowner is responsible to verify allpertinent property data including but not
limited to property boundarylocations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidatethis approval and may require additional review.
4. DEVELOPMENTAPPROVAL AND PERMITEXPIRATION
Approval of a Modification to the Master Use Permit is granted based upon thesite plan identified
dated received August 28, 2012 to allow the construction of a hotel with 180 rooms; up to 130,500
2
Resolution No.12-098
square feet of retail space; a0.80 acre town square; 260,000 square feet of office space; a 120-unit
market-rate rental live/work loft apartment housing complex with an attached 9,146 square foot
retail condominium unit, and 216 parking spaces (1.8 spaces/unit) in the attached underground
garage dedicated for residential use only; a0.75 acre park inclusive of the park area and the 20-
foot wide landscape buffer along the western perimeter of the site adjacentto the Metropolitan
mixed-use development, a 5-level parking garage with two levels of underground parking; a total
of 1,769 parking spaces for the non-residentiial uses (based on a credit of 42 on-street parking
spaces along Vallco Parkway and 1,727 on-site spaces) ; and a requirement for the ground floor of
the office buildings and market-rate live/work loft apartment housing complex to accommodate
retail components in each building.
The Modification to the Master Use Permit shall expire within three (3) years from the date of this
approval.
With the exception of the residential units and office square feet, all other uses may be subject to
further refinement based on the final approved tenanting and land use plan, provided that there are
no additional environmental impacts, such as traffic and parking, as determinedby the Community
Development Director.
Uses Development Approval
Housing 120 market-rate live/work housing complex
Hotel 180-room hotel
Retail 130,500 square feet
Office 260,000 square feet
Parking 1,985 parking spaces per the City's Unshared Parking Requirement in
the Traffic Impact Analysis (TIA) , Second Addendum dated August
2012 as follows (assuming a count of 1.8 spaces/unitfor the residential
units in-lieu of the standard City requirement of 2 spaces/unit):
1. Residential—216 parking spaces
2. On-street Vallco Parkway—42 spaces
3. Parking garage and surface parking— 1,727 spaces
Parking in the parking garage for the retail, office and hotel uses shall
be in accordance with Condition No. 18.
Publicly 1.55 acres of town square and park area, inclusive of the .20 acres of
Accessible Open the 20-foot wide landscape buffer along the western perimeter of the
Space (Town site (adjacent to the Metropolitan mixed-use development site)
Square and Park)
5. OFFICE DEVELOPMENT ALLOCATION
The applicant is permitted to retain the 100,000 square feet of unrestricted office allocation
received in 2009 from the N. De AnzaBoulevard area in conjunction with the approval for U-
2008-01, and shall additionally receive 160,000 square feet of office allocation from the
unrestricted office allocationfrom other areas in the City, except from the Vallco Park North area,
to provide the applicant with a total of 260,000 square feet of unrestricted office allocation. The
applicant shall not draw office allocation from the Major Companies pool.
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Resolution No.12-098
6. HOTEL OPERATIONS
The hotel shall be permitted to operate as a 24-hour late night business operation and shall provide
a minimum 6,500 square foot restaurant and meeting space area on the ground floor of the hotel
along the Town Square. Any additional or revised uses for the hotel will be reviewed at the time
specific business operation information is provided about these uses todetermine if they are
permitted and will require a separate Use Permit application.
Note: This modifies the Condition No. 5 in the approval dated January 20, 2009) toreplace the
requirement for a 400-person banquet facilitywith a 6,500 square foot restaurant and meeting
space.)
7. LIVE/WORK RENTAL LOFT APARTMENT REQUIREMENTS
Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be required
to ensure that the live/work rental loft apartment complex shall not be convertedto condominium
units in the future, and shall adhere to the loft-style studio andone-bedroomunits per the approved
site and floor plans. Thecovenantshall contain a provision that it may not be modified without
the express written approval of the City.
8. RETAIL CONDOMINIUM OWNERSHIP REQUIREMENTS (PARCEL 5)
Thedevelopershall construct no more than one retail condominium adjacent to the rental market
rate loft apartments. This retail condominium shall be owned by the same ownership as therest of
the retail on Retail Parcel 1 and not be soldseparately.
9. MAXIMUM PERCENTAGE OF RESTAURANTS
The maximum square footage of food service uses permitted within the retail space of the mixed-
use development shall not be more than 40% of the total retail square footage of 130,500 square
feet (or a maximum of 52,600 square feet of restaurant uses) based upon the approved
development plan dated August 15, 2012 in accordance with the Main Street Cupertino — Revised
Proposed Project Analysis report as Appendix A in the Second Addendum to the Final Certified
2009 EIR prepared by Fehr and Peers. Any future refinementsto the restaurant percentage may be
approved by the Director of Community Development if a subsequent parking and traffic analysis
indicates that there is adequate parking for the various mixtures of uses and there are no additional
and/or new significant traffic impacts comparedtothresholds studied in the original 2009
Environmental Impact Report and 2012 Addendum.
10. TENTATIVE MAP
Approval of a TentativeMap is granted to subdivide the property from three parcels into six
parcelsper Pages TM-1 through TM-8 as follows:
a. Parcel 1 — 11 acres for the retail buildings, park and town square
b. Parcel 2— 1.5 acres for the office building on the corner
c. Parcel 3 — 1.5 acres for the officebuilding along Vallco Parkway
d. Parcel 4— 1.5 acres for the hotel
e. Parcel 5 —1.5 acres for the live/work loft apartment building with a 9,146 square foottwo-unit
retail condominium parcel
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Resolution No.12-098
f. Parcel 6— 1.5 acres for the Common Area Parcel for the benefit of Parcels 1 through 4.
Restrictions and requirements for the shared use of the parking garage to accommodate the retail,
hotel and office uses within the development site shall be included within the CC&Rs including
butnot limited to the requirements in Condition No. 18 and conditions related to this and related
project approvals.
11. VACATION OF FINCH AVENUE
The vacation of Finch Avenue is necessary to support this development. The vacation will be
processed according to procedures set by the Streetsand Highways Code andthe Municipal
Code. A bond will be required prior toissuance of permits for street modifications that will
allow FinchAvenue to be reverted back to a standard City street in the case that the
construction of the project is not completed. The Developer shall install and complete the
street modifications within two (2) years of approval of the Final Map, or such longer period as
may be specifically authorized in writing by the City Engineer. Public access easements, for
both vehicular and pedestrian travel, will be provided acrossthe improved site, to link Stevens
Creek Boulevard with Vallco Parkway, as well as provide public access to the park and the
town center" plaza area. Failure to complete the improvements within the specified time will
result in the reversion of Finch Avenue to a standard City street and the ownership of the
former Finch Avenue right-of-way shall revert back to the City. The reversion of FinchAvenue
backto a City street shall be subject to approval by the City Attorney and Director of Public
Works.
12. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shallrecord a deed restriction for necessary reciprocal ingress and egress easements
between each lot created by the new development. The applicant shall also recordappropriate
deed restrictions for necessary reciprocal ingress and egress easements between the adjacent
properties to the west, to be implemented at such time that the City can require the same of
adjacent property owners. These reciprocal ingress and egress easements between each lot and
between adjacent properties to the west shall also be recorded on the Final Map. The easement
language shall be reviewed and approved by the City Attorney and the Director of PublicWorks.
The covenant of easement shall be recorded prior to final map approval. The deed restrictions
shall contain a provision that it may not be modified without the prior express written approval of
the City.
13. PUBLIC PEDESTRIAN EASEMENT
Public access pedestrian easements through the interior sidewalks, pedestrian paths and plazas, the
town square, and park area shall be required and recorded on the final map as noted in the
tentative map plans CO.0 — C6.5. The easement language shall be reviewed and approved by the
City Attorney and Director of Public Works prior to recordation of the easement on the project site
with the final map approval. The final map will include Public Pedestrian Easements, though the
CC&R's will include additional restrictions/guidelines onthe usage of the Public Pedestrian
Easements.
14. COVENANTS, CONDITIONS ANDRESTRICTIONS
The project CC&Rs shall be reviewed and approvedby the City Attorney prior to recordation with
the final map approval. The CC&Rs shall incorporate requirements pertaining to the public access
easements, reciprocal ingress/egress easements, public pedestrian easements, shared parking,
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Resolution No.12-098
maintenance and operation of common areas including butnot limited to public access to the park
and Town Square, and joint use agreements for the town square and park. The CC&Rs shall also
incorporate the Maintenance Agreement addressing the maintenance of the park, town square,
sidewalks, shared driveways by the property owners of each of the lots, and landscaped park strips
along Vallco Parkway, N. Tantau Avenue andStevens Creek Boulevard adjacent to the subject
site. The conditions of approval for the project shall also be recorded on the properties and
incorporated into the CC&Rs. No changes may be made to the CC&Rs without the City Attorney's
review and approval. The deed restrictions shall contain a provision that it maynot be modified
without the prior express written approval of the City.
15. JOINT USE AGREEMENT
Prior to recordation of the final map, the applicant shall submit a joint use agreement between the
City and the applicant to be reviewed by the City Attorney and the Director of Parks and
Recreation, and approved by the City Council, which permits the City to use the town square and
park area for public use for community events or other similar City-approved events or activities,
such as, but not be limited to a farmers' market, holiday activities, and summer events. The joint
use agreement shall be recorded and incorporated by reference into the Covenants, Conditions and
Restrictions (CC&Rs) of the project site. The Joint Use Agreement shall include provisions for
maintenance of the park and town square.
The joint use agreement shall govern the public use, programming, public access and percentage
of time available for the allowable publicactivities and events for which the town squareand park
may be used. The agreement shall also require available publicly identifiable restroom facilities
for public use during normal business hours. No structures will be constructed on the town square
area without the prior approval of the City of Cupertino, other than the retail pad structure(s)
approved in accordance with the Master Use Permit. The programmingprovisions of the joint use
agreementshall be administered between the applicant andthe Parks and Recreation Department
and the document approved by the City Attorney. The Joint Use Agreement shall contain a
provision that it may not be modified without the express written approval of the City.
16. MAINTENANCE AGREEMENT
Applicant shall enter into a Maintenance Agreement that addresses the maintenance of the park,
town square, sidewalks, shared driveways by the property owners of each of the lots, and
landscaped park strips along Vallco Parkway, N. Tantau Avenue and Stevens Creek Boulevard
directly adjacentto the subject project site. The Maintenance Agreement shall be part of the
Covenants, Codes and Restrictions of the project and shall be reviewed and approved by the City
Attorney prior to approval of the final map. The Maintenance Agreement shall contain a provision
thattheymaynot be modified without the express written approval of the City.
17. GROUND FLOOR RETAIL
Prior to issuance of building permits, the applicant shall demonstrate the ground floor retail
functionalityfor buildings proposed at heights over 45 feet in accordance with the City's General
Plan, to the satisfaction of the Director of Community Development. The ground floor retail shall
be connected to the building and be of substantial and appropriate size to accommodate the
functionality of retail uses. The building frontages of all buildings facing the town square, except
for the hotel shall have ground floor retail. However, the hotel must provide activeground floor
uses facing the town square.
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Resolution No.12-098
18. PARKING GARAGE ON THE COMMON AREA PARCEL (OWNERSHIP AND RETAIL
PORTION)
The five-level above ground parking garage with two levels of below ground parking shall not be
sold separately from the other parcels in the project. It shall be held as a common area parcel.
Free parking shall be provided in the parking garageand on the surface parking spaces for the
retail and office uses. However, the hotel may charge parking fees for its customers to park in the
parking garage.
The retail incubator buildings on the south side of the parking garage serving Parcels 1 though 4
shall be physically connected to the parking garage in orderto satisfy the GeneralPlan height
requirement for buildings over 45 feet and under 60 feet.
19. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS
The applicant/developer shall inform the future owners through the Covenants, Conditions and
Restrictions (CC&Rs) as well as other documentation of the surrounding projects and that the
development site is under a Cupertino Planned Development zoning. Property purchaser shall
check with the City to determine the specificrestrictions under the Planned Development zone and
related permits. The CC&R language incorporating this requirement shall be reviewed and
approved by the City prior to issuance of building permits.
20. BELOW MARKET RATE HOUSING PROGRAM
For residentialunits, the applicant shall comply with the requirements in the City's Below Market
Rate (BMR) Housing program. Foralternatives to these requirements, the applicant may request
the Housing Commission to recommendalternatives to the City Council tomeet these
requirements. For dedication of any housing units at below market rates, the applicant shall record
a covenant, which shall be subject to review and approvalby the City Attorney, to be recorded
prior to issuance of building permits for the plannedsenior housing building. BMR fees shall be
paid prior to issuance of building permits.
21. HOUSING MITIGATION FEES
Prior to issuance of building permits, the applicant shall provide the requiredhousing mitigation
fees for the commercial, office and hoteldevelopment on the project site.
22. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 30days per reservation.
23. 2012 ADDENDUM AND SECOND ADDENDUM TO THE PREVIOUSLY-APPROVED
EIR AND THE MITIGATION MONITORING AND REPORTING PROGRAM
The project shall implement all of the mitigation measures identified in the Mitigation Monitoring
and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as
modified by the 2012 Addendum to the Final EIR as updated on May 4, 2012 and the Second
Addendum to the Final EIR dated August 2012.
24. DEVELOPMENT ALLOCATION
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Resolution No.12-098
Use 2009 Master Approved Modification to Approved 2012 Modified Master
Use Permit the Development Plan Use Permit Additional
Allocations Allocations Needed
Granted Option A(1)-2
Retail Up to 150,000 sf Up to 130,500 square feet. Noadditional allocation is needed
from the Vallco
ParkSouth retail
commercial
allocation
Office 100,000 sf from 260,000 sf 160,000 sf additional from the
the N. De Anza unrestricted office allocation
Boulevard office available per condition no. 4. The
allocation applicant may not use any
allocation from the Major
Companies office allocation.
Hotel Up to 250 rooms 180 rooms No additionalallocation needed
from the
Citywide Hotel
allocation
Housing 160 units from 120 live/work loft apartment Noadditionalallocation needed
the Vallco Park housingunits
South residential
allocation
The applicant shall receive an allocation of up to 130,500 square feet of retail commercial square
footage from the Vallco Park South retail commercial allocation area; 120 live/work loft
apartment housingunits from the Vallco Park South residential allocation; 180 hotel rooms from
the Citywide Hotel allocation; and 260,000 square feet from the unrestricted office allocation
available citywide (except from the Vallco Park North office allocation area).
25. CONSTRUCTION PROJECT PHASING AND PARK BOND
Prior to issuance of grading and/or building permits, the applicant shall prepare a construction
phasing schedule, and shalldemonstrate completion of the project based onthe project expiration
date. The construction phasing schedule shall detail critical milestones of the construction.
Critical milestones of the construction shall include butnot be limited to the following:
The entire project shall be constructed in onephase (Phase I) and the Modification to the Master
Use Permit shall expire within three (3) years from the date of this approval. Building permits for
all buildings shall be filed and accepted by the City, and the permit shall be used (substantial and
continuous activity has taken place) prior to the expiration of the Modification to the Master Use
Permit.
A performance bond for the park construction (not less than $1.125 million) shall be required in
PhaseI. The applicant shall work with staff on the appropriate timing for acceptance of the
performance bond and completion of the park. If the park is notcompleted to the satisfaction of
the City within three (3) years from the date of approval of the permit, the City shall have the
option of calling in the bond and constructing the park.
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Resolution No.12-098
A. Prior to granting a certificate of occupancy for the first of the hotel or office buildings, the
Town Square, street and sidewalk improvements along FinchAvenueloop andthe street and
sidewalk improvements along the interior roadwayconnecting Finch Avenue loop to the office
parcel shall be completed to the satisfaction of the City.
B. Prior to granting a certificate of occupancy for thesecond of the hotelor office buildings,
certificates of completion for shell, core, exterior facades and related landscaping and
improvements shall be obtained for at least 50% of the retail approved for the project.
C. Prior to granting a certificate of occupancy for the third of the hotel or office buildings,
certificates of completion for shell, core, exterior facades and related landscaping and
improvements shall be obtained for all the retailbuildings.
D. Prior to granting a certificate of occupancy for the live/work loft and retail building, the park
shall be completed to the satisfaction of the City.
26. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited to the dry season (April 15 to October 15) unless otherwise
approved by the Director of Public Works. Grading hours shall be limited to Monday through
Friday, 7 a.m. to 8 p.m. Grading, street construction, demolition or underground utility work shall
not occur on Saturdays, Sundays and holidays, and during the nighttime period as defined in
Section 10.48.053(b) of the Municipal Code. Construction activities shall be limited to Monday
through Friday, 7a.m. to 8 p.m. and Saturday and Sunday, 9a.m. to 6 p.m. Construction activities
are not allowed on holidays. The developer shall be responsible for educating all contractors and
subcontractors of said construction restrictions. Rules and regulation pertaining to all construction
activities and limitationsidentified inthispermit, along with the nameand telephone number of a
developerappointeddisturbance coordinator, shall be posted in a prominentlocation at the
entrance to the job site. The applicant shall comply with the above grading and construction hour
requirements unless otherwiseindicated in the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modified by the 2012 Addendum to the Final EIR.
27. PARKING
The applicant shall provide the following number of parking spaces based upon the development
plan dated August 15, 2012 (dated received on August 28, 2012), with the following additional
requirements:
i) 32 additional parking spaces on site (either in the shared parking garage or surface parking)
for a total of 1,727 spaces on-site for the non-residential uses. The applicant shall work
withstaff to incorporate the additional spaces on site that may include enlarging the
parking garage by extending theupper story over the alley east of the garage.
ii) The project would receive credit for 42 on-street parking spaces along Vallco Parkway.
However, the project would be allowed to improve Vallco Parkway with 85 angled parking
spaces and street improvements on the south side of Vallco Parkway along the project
frontage as approved in 2009, until such time in the future that the City decides to modify
the parking and street improvements along Vallco Parkway.
iii) 12 additional underground parking spaces in the underground parking garage (increasing
parking to 1.8 spaces per unit for a total of 216 parking spaces for the live/work rental loft
apartment). Additionally, the applicant shall provide at least one covered parking space for
each unit at all times.
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Resolution No.12-098
The applicant shall also comply with the swales and permeable surfaces requirement of the City's
Parking Regulations. Adjustments to the parking plan may be permitted based on the final
approved tenanting and land use program as long as there are no additionalparking and traffic
impacts as determinedby the Director of Community Development and the parking analyses in
the Second Addendum.
A parking management planthat describes the parking system used by the retail, hotel and office
uses shall be submitted for review and approval by the Community Development Director. The
applicant shall provide an updated plan for any tenant changes that result in changes to the parking
requirements.
28. VALLCO PARKWAY
All on-street parking along Vallco Parkway remains public. The parking spaces along Vallco
Parkway are public parking spaces which shall always be available to the public. These spaces
cannot be limited to use by patrons or tenants of the Main Street Development. The City may
eliminate some or all of this parking at any time at its sole discretion.
29. PARKING CONVERSION FUND
Prior to issuance of any building permit for the project, the applicant shall be required to provide a
parking conversion" fund that will allow the City to convert the angled parking spaces with one
lane of eastbound traffic and a bike lane approved in association with the project along Vallco
Parkway to parallel parking spaces with two lanes of eastbound traffic and a bike lane, if and when
the City desires. Staff will work with the applicant onthe amountto be collected by the applicant.
30. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's ParkingRegulations underChapter 19.124 of the Cupertino Municipal Code.
31. PARKING LOT LIGHTING
Lighting in the parking lots shall be approved by the Director of Community Development for
compliance with applicableregulations prior to issuance of building permits.
32. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for full
conformance with the Master Use Permit approval and the Architectural and Site Approval for
each building prior to issuance of building permits for each building.
33. SIDEWALKS/CROSSWALKS
A. The final sidewalk/street frontage plan shall be required to be reviewed and approved by the
City prior to the final map, and shallmatch the guidelines of the South Vallco Master Plan and
be consistent with the sidewalk/street frontageplan for the adjacent Rosebowl mixed use
development.
B. The applicant shall provide decorativecrosswalks with colored and/or stampedasphalt
pavement across Vallco Parkway, N. Tantau Avenue and Stevens Creek Boulevard. The
decorative pavement materials shall be reviewed and approved by the Director of Community
Development and the PublicWorks Department, and shall be consistent with the
10
ResolutionNo.12-098
recommendation of the traffic analysis prepared by Fehr and Peers in the Transportation
Impact Analysis dated September 5, 2008 on p. 48.
34. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City's Sign Ordinance,
Heart of the City Specific Plan and South Vallco Master Plan. Prior to final occupancy and
approval of any individual signs onsite, a detailed master sign program shall be submitted for
review and approval in accordance with the City's Sign Ordinance.
35. ARCHITECTURAL AND SITE APPROVAL
A. The buildings, site development and architecture shall substantially conform to the site plan,
elevations and details as shown in the approved exhibits, unless otherwise noted below. Prior
to issuance of building permits, the applicant shall be required to obtainapproval of a separate
Architectural and Site Approval application for each of the buildings by the Design Review
Committee; each Architectural and Site Approval application shall provide a detailed site plan,
full elevations (all four sides), floor plans and any otherdetails as required for Architectural
and Site Approval applications. Building colors and materialsshall be reviewed and approved
in conjunction with the Architectural and Site Approval. Minor amendments to approved
Architectural and Site Approvals for buildings and/or the site plan, including minor changes to
the layout of the site plan, building forms and building sizes, may be reviewed and approved
by the Director of Community Development.
B. The applicant shall provide the following additional modifications and enhancementsto the
plan prior to issuance of building permits (including recommendations referenced by the
City's Architectural Advisor on February 20, 2012 in Attachment 11 & 16 or as amended by
the Planning Commission):
1. Town Square
a. The town square area shall be designed as a "flexible" public space thatmay be expanded
or shiftedby the temporary closure of one or more of the surrounding publicly accessible
streets. Provide additional landscaping in the square.
b. Inorder to allowfor a seamless expansionor shifting of the future pedestrian activities, the
town square area will be developedto be flush with the grade of the surrounding street
system. The Director of Community Development mayapprove other similar details
deemed to be consistent with the intent of this condition.
c. The applicant shall provide decorative semi-pervious pavements or similar treatments in
the town squareand plaza areas to the satisfaction of the Director of Community
Development.
d. Parking on the circular streetsystem shall be delineated by decorative semi-pervious
paving or other similar treatments as deemed to be appropriate by the Director of
Community Development.
e. Final design and landscape of the town square area shall be reviewed and approved by the
Director of Community Development.
f. Temporary closure of any portion of the privatedrive streets, including methods used to
temporarily close the street(s), will require approval from the Director of Public Works.
2. Office Buildings
Architectural enhancements to the building shall be incorporated including the following:
11
Resolution No.12-098
a. Enhance tower entry features with details and design features (particularly the central
tower entry facing Stevens Creek Boulevard) and project the towers out and upward
from the main bulk of the building.
b. Provide prominent architectural design enhancementstoemphasize the importance of
this corner as the eastern gateway entry to the City, including identifiable street
frontage public entrances along Stevens Creek Boulevard and N. Tantau Avenue, glass
store fronts and corner site features.
c. Provide horizontal elementsto the building design to reduce the verticality of the
building frontages along Stevens Creek Boulevard and N. Tantau Avenue.
d. Provide deep recessed windows.
e. Unify the variety of building forms with more closely related and toned down color
tones.
f. Add ground floor space as an "arcade-like" element along Stevens Creek Boulevard
and around the corners at the easterly Main Street drive entry and a N. Tantau.
3. Hotel
a. The Architectural and Site Approval application for the design of the interior and exterior
of the hotel must return back to the City Council for review and approval.
b. The exterior architectural design of the hotel shall be of the same quality and design
standard as the example providedby the applicant of the Marriott Residence Inn in the
Gaslamp district of San Diego.
c. Provide additional variation in height and wall articulations, such as larger roof eave
overhangs with additional facade depth and architecturaldetail and variety in roof eave
heights, to minimize the verticality, bulk and box-like shape of the building.
d. Enhance architectural detailing on the building that is in scale with the building.
e. Provide deeprecessed windows to provide depth to the building façade.
f. Increase the horizontal elements of the façade.
g. Add patio space (seating) at the corner of Vallco Parkway and FinchAvenue to enliven the
streetscape and entry to the site.
h. Provide additional architectural pedestrian-scale detailing of the ground floor treatment of
the building, including along town square, Vallco Parkway, and the pedestrian area leading
to the garage.
i. Tone down the contrast in exterior colors and provide colors that will complement the
colors used within the development.
j. Provide an outdoor dining terrace along the frontages of the restaurant facing town square.
4. Retail Buildings
a. Revise the architectural design of the retail pad building(s) in town square from an agrarian
look to a park pavilion/kiosk style architecture with greater storefrontglazing and
sophistication.
b. Provide active storefront pedestrianentries on allretail shops facing Stevens Creek
Boulevard.
c. Provide special design treatments between retail Shops 7 and 8 buildings to lead
pedestrians/customers between the park and the town square.
d. Bring the Shops 4, 5 and 6 buildings closer to the southeast and southwest corners of the
mainentryway from Stevens Creek Boulevard.
5. Auto Court/Parking Garage
12
Resolution No.12-098
The parking garage shall provide architectural details and provide features along the ground
floor facing Vallco Parkway to promote pedestrian orientation along thestreet.
6. Street Furniture
The applicant shall provide street furniture and pedestrian amenities along Stevens Creek
Boulevard and Vallco Parkway. Prior to the issuance of building permits for Phase 1 of the
project, the street furniture shall be reviewed and approved by the Design Review Committee.
7. Rental Live/Work Apartment Loft Building
a. Add a distinctive five-story high corner feature that provide a distinctive edgeand corner to
thesoutheast corner of the building above the ground floor retail uses; otherwise, there will
bean awkward four-story high gap at this corner.
b. Provide design articulation on the wall on the southwest corner of the building abovethe
trash enclosure. The ground floor trash enclosure on this corner facing the town square
needs to be properly screenedand provide architecturally enhanced.
c. The hallways appear to be long and narrow and should be enhanced with widened similar to
hotel corridors.
d. Please clarify if the parking garage and the courtyard will be open or be secured.
e. The upper level plans need to clarify if there will be open views to the interior courtyard.
f. Plans should clarify where the windows or natural ventilation for the units will be provided
on upper floor units.
g. Please clarify if the upper floor corridors open or enclosed along the southern side of the
building.
h. Please provide end cap/corner features to the building. Without these corner end caps, the
length and massing of the building is emphasized.
i. Provide balcony openings for the units to bring residential presence to thestreet level.
Balconiesshould be moretransparentfacing the town square.
j. Enhance the ground floor treatment on the southwest corner(where the trash enclosure is
proposed)to provide a focal pointfrom the north-south walkway.
k. Confirm the height of the building since it may not exceed 60 feet per the City's General
Plan.
1. The top of the buildings need to be enhanced with stronger tops.
m. Windows should be deep set to enhance the elevations.
8. Site Plan and Surface Parking Lot
a. Modify the view to the rear of the parking cars from the loop driveway looking south
towards the retail Shop 6 building.
b. Modify thesite plan to accurately identify thelandscaped areas as green and a different
color for the hardscaped/non-landscaped areas.
c. Provide a single-widecrosswalk between the incubator retail buildings and the retail Pad 3
building in the private roadway.
d. Modify the main driveway entrance to fix the awkward and sharp lane transitionfrom
Stevens Creek Boulevard.
9. Parking Garage and Attached Retail/Incubator Space
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Resolution No.12-098
a. Provide left and right turn lanes from theeastern driveway entranceto the parking garage
along Vallco Parkway to avoid back-ups onto the street.
b. Consider an alternate more convenient hotel valet access to the garage
36. GATEWAY ENTRY
The applicant shall be required toconstruct and install a gateway entry feature on the northwest
corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent with the policies
of the General Plan and South Vallco Master Plan. The gateway entry featureshall be a prominent
design thatmay fulfill the public art requirement and couldinclude a decorativemonument feature
that spans over Stevens Creek Boulevard, orvertical structural elements on both sides of Stevens
Creek Boulevard and on the median to announce entry. Also, this corner shall include a
community banner and enhanced pedestrian crossings thatmay include crosswalk lighting, special
paving materials and/or prominent art or architectural feature announcing the entry to the City,
such as a wrought iron element, subject to review and approvalby the City Council.
37. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plansto be reviewed and approved by
the Director of Community Development prior to issuance of building permits for the building,
portion of development, and/or phase of development for which building permit applications have
been submitted. The landscape planshall provide the following prior to issuance of building
permits:
A. Waterconservation and pesticide reduction measures and requirements in conformance with
Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter
9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
B. A full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The
Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building permits.
C. Landscapingalong Stevens Creek Boulevard and N. Tantau Avenue in accordance with the
streetscape design requirements of the Heart of the City Specific Plan.
D. Planting of two specimen oak trees flanking the driveway entrances to the development along
Stevens Creek Boulevard as replacements for the removal of the existing dead specimen oak
tree.
E. Existing and Ash trees along Vallco Parkway shall be retained to the maximum possible as
determinedby the City Arborist.
38. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional after
the landscaping and irrigation systemhave been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in thelandscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
14
Resolution No.12-098
The landscape installation report shall include the following statement: "The landscape and
irrigation systemhave been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
39. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, with the landscape installation report, or any time before the
landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenanceshall include, butnot be limited to the following: routineinspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control;
and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plantsthat may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest
controlor otherfactors as recommended by a landscaping professional.
40. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water efficiency
of the soil.
The soil analysis report shall be made available to the professionals preparing thelandscape and
irrigation design plans in a timely manner either before orduring the design process. A copy of the
soils analysis report shall be submitted to the Director of Community Development as part of the
landscape documentation package.
41. LANDSCAPEAND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a
formal written landscape maintenance agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa ClaraRecorder's
Office and it shall be binding on all subsequent owners of land served by the proposed landscape.
The landscape maintenance agreement shall require that modifications and maintenance activities
not alter the level of water efficiency of thelandscape from its original design, unless approved by
the City prior to the commencement of the proposed modification or maintenance activity.
42. TREE REMOVAL
A. The applicant is approved to remove a total of 61 treesand relocate 17 trees on site in
accordance with the City Arborist's report prepared by David Babby anddated April 30, 2008.
Although the applicant is requesting approval to remove these trees in accordance with the
CityArborist's recommendation, the intent is to retain as many of the existing perimeter street
15
Resolution No.12-098
trees for the remaining life of such trees where they are not considered dead or do not require
immediate removal.
B. The applicant shall be required to replace the Aleppo Pine tree (Tree No. 113) that was
removed in accordance with the City's Protected Trees Ordinance (Chapter 14.18 of the
Cupertino Municipal Code).
C. For any trees that are removed due to hazardous conditions, are considered dead, or die as a
result of relocation, the applicant shall be requiredto obtain a tree removal permit and replace
these trees in accordance with the City's Protected Trees Ordinance.
D. For any trees that require removal due to construction plan drawing changes and/or
construction activity, the applicant shall obtain a tree removal permitin accordance with the
Protected Trees Ordinance.
E. The Director of Community Development may review and approve further refinements to the
tree removal and planting plan based on the approved final land use program for the center
provided that there are no significant environmental or visual impacts.
43. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the Director of
Community Development in accordance with the City's Protected Trees Ordinance. The applicant
may be able to reduce the number of replacement trees on site, if larger sizetrees are proposed, in
accordance with the tree replacement standards of the ordinance. For any additional trees that are
removed due tohazardous conditions or are considered dead, the applicant shall be required to
obtain a tree removal permit and replace these trees in accordance with the Protected Trees
Ordinance. Species and size of replacement trees shall be reviewed and approved by the
Community Development Director.
44. TREE PROTECTION
As part of the building permit drawings, a tree protection planshall be prepared by a certified
arborist for thetrees to be retained. The applicant shall be required to install tree protection
measures before and during development in accordance with the CityArborist's report dated April
30, 2008, and in accordance with requirements of the PublicWorks Department for the
preservation of existing street trees. In addition, the following measures shall be added to the
protection plan:
A. For trees to be retained, chain link fencing and other root protection shall be installed around
the dripline of the tree prior to any project site work.
B. No parking or vehicle parking shall be allowed under root zones, unless using buffers
approved by the project arborist.
C. No trenching within the critical root zone areais allowed. If trenching is needed in the vicinity
of trees to be retained, the CityArborist shall be consultedbeforeany trenching or root cutting
beneath the dripline of the tree.
D. Tree protection conditions shall be posted on the tree protection barriers.
E. Retained trees shall be watered to maintain them in good health.
45. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in an amountdeterminedby the City Arborist to
ensure protection of trees slated for preservation prior to issuance of grading, demolition or
building permits. The bond shall be returned after completion of construction, subject to a letter
from the CityArborist indicating that the trees are in good condition.
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Resolution No.12-098
46. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee in accordance with the City's Protected Trees Ordinance for
any trees thatcannot be replaced on site.
47. HEART OF THE CITY DESIGN GUIDELINES
A. The project shall comply with the Heart of the City Specific Plan development standards and
design guidelines ineffect at the time of project approval.
B. If any portions of the buildings on the Master Use Permit site plan do not meet the minimum
setbacks per the Heart of the City Specific Plan, the applicant must either modify the building
setback or obtain approval of an Exceptionapplication to the Heart of the City Specific Plan.
48. SOUTH VALLCO MASTER PLAN
The project shall comply with the South Vallco Master Plan. Prior to release of building permits
for Phase 1 of the project, the final boulevard plan along Vallco Parkway shall be reviewed and
approved by the Director of Community Development. The applicant shall make reasonable
efforts to contactadjacent property owners to show improvement plans including, butnot limited
tothe specific lighting, sidewalk furniture, and landscapingtreatments to be consistent with the
vision of the South Vallco Master Plan.
49. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute an amount not to exceed $65,000 to the improvements of a trail
connection along Calabazas Creek from Vallco Parkway to I-280. This contribution shall be used
by the City to administer a creek trail plan and necessary approvals and improvements. If this
fund is not used within five years of the project completion, then it shall be returned to the
applicant.
50. PARK AREA ALONG METROPOLITAN
A approximately 0.55 acre park area shall be maintained along the western property line adjacent
to the Metropolitan mixed-use development. A minimum 20-foot wide landscape buffer shall be
provided along the western property line adjacent to the Metropolitan mixed-use development; the
landscape buffer shall be included in the acreage of the park. The design of the park area shall
include butnot be limited to passive recreation apparatuses, such as a tot lot and sitting areas. The
Parks and Recreation Commission shall review the park design and shall refer its recommendation
to the City Council for review and approval. The linear green space park buffer parallel to the
eastern propertyline of the Metropolitan mixed use development shall be installed prior to
issuance of building occupancy of any building constructed adjacent to this property line.
51. SECURITY PLAN FOR PARKING GARAGE
The applicant shall develop a comprehensive private security plan for the entiredevelopment
encompassing patrol hours, manning levels and frequency, closed circuit cameras in the parking
garage, and adequate lighting levels. The plan shall be prepared by the applicant and approved by
the Sheriff's Department prior to final occupancy.
52. PARKING GARAGE NOISE MITIGATION
The parking garage floors shall be treated/coated with materials as deemed appropriate by the City
to lessen the noise impacts of vehicle movements.
53. RESTAURANT ODOR ABATEMENT
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Resolution No.12-098
All restaurants shall install odor abatement systems to be incorporated into the airhandling
systems toreduce the odorimpact from the restaurants to the adjacent community. Detailed plans
shall be reviewed and approved by the Community Development Department prior to issuance of
building permits.
54. SCREENING
All mechanical and other equipment on the buildings and site shall be screened so they are not
visible from public street areas or adjoining developments. Screening materials/colors shallmatch
building features and materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
55. TRASH AND DELIVERY ACTIVITIES
A detailedrefuge and truck delivery planmust be prepared by the applicant. The plan shall specify
locations of trash facilities, refuge pick up schedules and truckdelivery schedules and routes. All
trash facilities must be screened and enclosedto the satisfaction of the Public Works Department.
The final plan shall be submitted to the City for review and approval prior to issuance of building
permits.
All deliveries shall comply with the mitigation measures provided in the MitigationMonitoring
and Reporting Program prepared by David J. Powers and Associates datedJanuary 2009, except
as may be modified by the 2012 Addendum to the Final Environmental Impact Report (EIR).
56. CONSTRUCTION MANAGEMENT MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and PublicWorks) to
review the applicant-prepared construction management plan.
57. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits. During Phase 1 and 2 of the construction, staging of construction and
equipment shall occur as far away from any residential property as possible. The applicant shall
also provide a construction manager hotline phone number for residents of the adjacent
Metropolitan condominium complex to call for construction related activities on the project site.
The hotline number shall also be posted on the project site and at the Metropolitan condominium
complex. Said construction management planshall also provide the following:
A. Construction Vehicle Access and Routing
B. ConstructionEquipment Staging Area
C. Dust Control (Best Management Practices)
D. Hours of Operation
E. Street Cleaning Schedule and Program
58. DUST CONTROL
The following construction practicesshall be implemented during all phases of construction for
the proposed project to prevent visible dustemissions from leaving thesite:
a) Water all active construction areas at least twice daily and more often during windy periods to
prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas
18
Resolution No.12-098
adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic
stabilizersor dust palliatives.
b) Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, applywater at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction site.
d) Sweep streets daily, or more often if necessary (with water sweepers) if visible soil material is
carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best managementpractices into the
building permit plan set.
f) The applicant shall comply with theabove dust control requirements unless otherwise
indicated in the mitigation measures identified in the Mitigation Monitoring and Reporting
Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as modified by
the 2012 Addendum to the Final EIR.
59. NOISE MITIGATION
The project and retail operations shall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC), unless otherwise indicated in the mitigation measures
identified in the Mitigation Monitoring and ReportingProgram (MMRP) dated March 2012 as
identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR. In
addition, the following mitigation measures shall be taken in order to reduce noiseevent impacts
to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Construction equipment shall be have quiet design features, be well-maintained, and have a
high quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipment that produces
excessivenoise at nearby receptors.
d) Unnecessary idling of machineswhen not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall be used toreduce operating noise.
60. GREEN BUILDING
The applicant shall obtain LEED certification designation for the hotel, office and loft residential
rental housing buildings in accordance with the U.S. Green Building Council standards andthe
City's Green Building policies. The applicant shall also design the athleticclub (if developed) and
retail buildings to LEEDcertification standards, but will not be required to certify these buildings
as LEEDcertified. The applicant shall also provide solar hot waterheating for any pools provided
on the project site.
61. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand management (TDM) plan
incorporating solutions as indicated in the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identifiedin the 2009 Final
EIR and as modified by the 2012 Addendum to the Final EIR, thatmay include parking cash-out
and eco passes for employees, valet for customers and off-site parking options. The TDM plan
including the projected funding shall be reviewed and approved by the Director of Community
Development Director prior to issuance of building permits.
19
Resolution No.12-098
62. UTILITY STRUCTURES
All new utility structuresshall be located underground or screened frompublic view to the
satisfaction of the Director of Community Development and Public Works.
63. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official and shall meet the mandatory requirements of the Cal Green
Building Code. The applicant shall provide evidence thatmaterials will be recycled prior to
issuance of final demolition permits.
64. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsibleto consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approvalby the Community Development Department.
65. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
66. PUBLIC ART
The applicant shall provide public art in accordance with GeneralPlan policy 2- 66. Public art
shall be installed on the project site prior to final occupancy of the last building completed in the
first phase. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the total
project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed
by the Fine Arts Commission prior to installation of the public art.
67. CIRCULATION PLAN
Prior to issuance of building permits, the applicant shall provide an auto, bike and pedestrian
circulation plan.
68. SHERIFFSUBSTATION
The applicant shall add a Sheriff's substation on site. The applicant shall work with staff on the
appropriate location and size of the substation.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
These conditions are not intended to be exhaustive. Additional conditions mayneed to be addressed,
prior to issuance of a buildingpermit, based on potential modifications to the site's usage and/orlayout.
69. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
20
Resolution No.12-098
70. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and relatedstructures shall be installed in accordance with grades
and standards as specified by the City Engineer.
71. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as topreclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
72. FIRE HYDRANT
Fire hydrantsshall be located as requiredby the City andSanta Clara County Fire Department as
needed.
73. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
74. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), low impact development
facilities, or otherapproved means, to reduce the amount of runoff from thesite and to improve
storm water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes or storage structures) as necessaryto avoid an increase of one percent flood water
surface elevation of the culvert to the satisfaction of the City Engineer. Any storm water
overflows or surfacesheeting should be directed away from neighboring private properties and to
the public right of way as much as reasonably possible. Hydro-modification measures may be
required as directed by the Municipal Regional Permit.
75. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other relatedOrdinances and regulations of the City of Cupertino, and shallcoordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider andthe City Engineer.
76. IMPROVEMENT AGREEMENT
The project developershall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for under grounding of utilities. Saidagreementshall be
executed prior to issuance of construction permits
Fees:
a. Checking & Inspection Fees: 6% of Off-Site Improvement Cost or
54,101.00 minimum
21
Resolution No.12-098
b. Grading Permit: 6%of Site Improvement Cost or
2,387.00 minimum
c. Development Maintenance Deposit: 3,000.00
d. Storm Drainage Fee: TBD
e. Power Cost:
f. Map Checking Fees: 8,052.00
g. Park Fees: per Municipal Code
or an equivalent park land dedication)
h. StreetTree By Developer
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposedhereinmay be modified at the time of recordation of a final
map or issuance of a building permit in the event of saidchange or changes, the fees changed at
that time will reflect the then current fee schedule.
77. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosuresshall be
screened with fencing and landscaping orlocated underground such that said equipment is not
visible from public street areas. The transformer shall not be located in the front or side building
setback area.
78. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control
Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and
street improvement plans.
79. DEDICATION OF WATERLINES
The developer shall dedicateto the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Services Company for water service
to the subject development.
80. NPDES CONSTRUCTIONGENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use
of construction Best Management Practices (BMPs) to control stormwater runoff quality, and
BMP inspection and maintenance.
81. C.3 REQUIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement of
low impact development measures, for stormwatertreatment, on the tentative map, unless an
22
Resolution No.12-098
alternative storm water treatmentplan, that satisfies C.3 requirements, is approved by the City
Engineer.
The developer must include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A StormWaterManagement Plan, StormWater Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of
ongoingoperation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
82. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trashcapture system/device to capturetrash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained
by a 5 mm mesh screen and has a design treatmentcapacity of not less than the peak flow rate Q
resulting from a one-year, one-hourstorm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
83. EROSION CONTROL PLAN
The developermust provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site. Erosion
control notes shall be stated onthe plans.
84. WORK SCHEDULE
Every 6 months, the developershall submit a work schedule to the City to show the timetable for
all grading/erosion control workin conjunction with thisproject.
85. TRAFFICSIGNALIMPROVEMENTS
The developer shall agree to fund up to $300,000 for the purpose of installing a traffic signal at
Finch Avenue and Vallco Parkway as well as for making traffic signal improvements at the
Stevens Creek Boulevard and Tantau Ave intersection. The developer shall also submit a bond for
this purpose which will be released 5 years from the date of project occupancy.
86. TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY
The developer shall mitigate fortraffic impacts at Vallco Parkway and Wolfe Road by
implementing one of the options stated in the Environmental Impact Report for Main Street
Cupertino per the approval of the City Engineer.
87. TRAFFIC MITIGATION AT HOMESTEAD ROAD & LAWRENCE EXPRESSWAY
The developershall agree to submit their fair-share cost of up to $400,000to improve Homestead
Road at Lawrence Expressway according to the direction of the City Engineer. The fair-share
contribution to the County will be dependent on the amount of traffic generated by the approved
Plan. In the event that a Plan is approved that has reduced traffic impacts, the same formulawould
be used (calculating the percentage of traffic the project is addingto totalgrowth between
background and cumulative conditions). The cost shall be submitted to the County of Santa Clara
in the form of a bond or cash deposit prior to the City issuing building permits, with the proviso
23
Resolution No.12-098
that the funds be committed to thisspecific improvement in accordance of section66000 et. seq.
of the California Government Code.
88. PUBLIC ACCESS EASEMENT
The Developer shall provide, to the satisfaction of the City Engineer, a public access easement
acrossthe site, over the park and over the town center. The easement, including for vehicular and
pedestrian travel, shall link Stevens Creek Boulevard with Vallco Parkway, the park and the town
center. Public access easements shall include access for both vehicular and pedestrian travel, and
shall be shown and recorded on the FinalMap. All of the internal roadways shall have a public
driving and parking access easement over them. Public access areas may not be closed off without
the consent and approval of the PublicWorks Department, and shall be governed by the Joint Use
Agreement recorded within the project's Covenants, Conditions and Restrictions (CC&R's). The
public access easement shall be subject to approval by the City Attorney. The public access
easement shall contain a provision thatthey may not be modified without the express written
approval of the City.
89. PEDESTRIAN IMPROVEMENTS
The developer shall provide pedestrian improvements along the property frontage, including
crosswalkimprovements at adjoining intersections. Final crosswalk improvement plan shall be
reviewed and approved by the City Engineer.
90. BUS STOP LOCATION
The developer shall improve busstops on Stevens Creek Boulevard along the project frontage and
the immediate vicinity of the project site to the satisfaction of the City Engineer; this may include
consistent shelters for thebusstops, but will not include duck outs or relocation of thebusstops.
91. TRAFFIC CONTROLPLAN
The developer must submit a traffic control planby a Registered Traffic Engineer to be approved
by the City. Theplan shall include a temporary traffic control plan for work in the right of way as
well as a routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the City prior to commencement of work. The City has adopted
Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping
work throughout the City.
92. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
93. TRAFFIC CALMING
The developer shall agree to fund up to $100,000 for the purpose of mitigating traffic impacts in
the adjacent neighborhoods resulting from the project for a period of 5 years following project
occupancy. The developer shall submit a bond for this purpose which will be released 5 years
from thedate of project occupancy.
94. EMERGENCY VEHICLE PREEMPTION FUND
The Developer is required to pay $15,000.00 to fund three Emergency Vehicle Preemption devices
for traffic signals at the adjacent intersections.
95. BICYCLE PARKING
24
ResolutionNo.12-098
The developershall providebicycleparking consistent with the City's requirementsto the
satisfaction of the City Engineer.
96. OPERATIONS & MAINTENANCE AGREEMENT
The developer shall enter into an Operations & Maintenance Agreement with the Cityprior to
final occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
97. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the PublicWorks Department is needed prior to obtaining a building
permit.
98. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
99. STREET TREES
Streettrees shall be planted within the Public Right of Way and shall be of a typeapproved by the
City in accordance with Ordinance No. 125.
100. FIREPROTECTION
Firesprinklers shall be installed in any new construction to the approval of the City.
101. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before recordation of the final map. The developer
shall pay for and obtain Water District perrnit for activities or modifications within the District
easement or fee right of way or affecting District facilities.
102. STREAMSIDE PERMIT
Prior to issuance of a building permit, the developer shall provide plans and information that
satisfies the requirements of the Stream Side Permit as set forth by theSanta Clara Valley Water
Resources Protection Collaborative. These items include, but are not limited to, topographic
survey, specific measures to protect streams and/or waterbodies from water quality impacts,
coordination with all interested jurisdictional agencies, etc.
103. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior
to issuance of building permits.
104. SANTA CLARA COUNTYFIREDEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
105. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
PacBell, and California Water Company, and/or equivalent agencies) will be required prior to
issuance of building permits.
25
Resolution No.12-098
106. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before recordation of the final map.
107.CALABAZAS CREEK INSPECTION
The developer agrees to have all bays of the Calabazas Creek Culvert, from Stevens Creek
through Vallco Parkway, inspected and videotaped prior tostart of any construction on site. An
inspectionreport and 2 copies of the inspection video are to be provided to the City prior to
issuance of a permit to begin any work on site. The developer is responsible for coordinating with
and obtaining and permits from the Santa Clara Valley Water District prior to beginning
inspection operations.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
4th day
of September 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
5- I
Grace Schmidt Mark Santoro
City Clerk Mayor, City of Cupertino
26
RESOLUTION NO. 14 -122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
FOR FINAL REFINEMENTSTOTHE PREVIOUSLY APPROVED SHOPS 1, SHOPS 3-5,7-8,
PADS 1& 2, TOWN SQUARE, FLEX 1 & 2, OFFICE 1 & 2, PARKING GARAGE, AND
ASSOCIATED SITE AND LANDSCAPING'DESIGN OF MAIN STREET CUPERTINO
ASA- 2012 -15)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA - 2012 -15
Applicant: Kevin Dare
Property Owner: Main Street Cupertino Aggregator, LLC
Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of
N. Tantau Avenue and south of Vallco Parkway
APN 316 -20 -078, 316 -20 -079, and 316 -20 -085)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino received an application for site
modifications to a previously approvedDevelopmentPermit as described in SectionI. of .this
Resolution; and
WHEREAS, the necessary public notices havebeen given as requiredby the Procedural
Ordinance of the City ofCupertino, and the City. Council has held atleastone public hearing in
regard to the application; and
WHEREAS, the applicant has met thE, burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal; at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, generalwelfare,
or convenience,
The project impactsto the public health., safety, general welfare and surrounding
improvements have been analyzed as part of an Environmental Impact Report under the
CaliforniaEnvironmental QualityAct. In response to areas where impacts were anticipated,
a MitigationMonitoring and ReportingProgram had been established to minimize the
impacts to less than significant levels. The project shall be required to continue to abide by
these specified mitigation measures as enforced by City staff.
ResolutionNo. 14 -122
Page 2
Furthermore, the project is anticipated to enhance the general public convenience in the area
in that it provides a rich mixture of land uses that accommodate housing, shopping, and
employment centers. New pedestrian connections to the Rosebowl and Metropolitan
developments to the west shall be made, andthe entire sidewalk /streetscape surrounding
the perimeter of the site shall be replaced andenhanced.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including; butnot limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related to height and
bulk should be achievedbetween new and existingbuildings;
Onevery edge and frontage, the proposed buildings mirror their surroundings creating a
complementary and logicalneighborhood transition. No substantial building mass or
height changes are beingproposed from the previousCouncil approval.
b) In order to preservedesign harmony between new and existing buildings and in order to preserve
and enhance property values, the materials, textures and colors of new buildings should
harmonize with adjacentdevelopment by being consistent orcompatible with design and color
schemes, and with the fixture character of the neighborhoodand purposes of the zone in which they
are situated. The location, height and materials of walls, fencing, hedges and screen planting
shouldharmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements ofparking lots should be concealed. The plantingof ground cover or various
types of pavements should be used to prevent dust anderosion, and the unnecessary destruction of
existing healthy trees should be avoided. Lighting for development should be adequate .to meet
safety requirements as specified by the engineering and building departments, and provide
shielding to prevent spill- over light to adjoining property owners; and
The project present a combination of flat and sloped roof building designs, earth tone
colors, and associated landscaping are harmonious with the adjoining buildings and
streetscape on Stevens Creek Boulevard, Vallco Parkway, and N. Tantau ' Avenue
streetscapes. The rich palette of materials /textures is compatible with the recently
approved Rosebowl Development and design guidelines contained in the Heart of the
City Specific Plan. All above ground utility installations are required to bescreened from
public view through a combination of landscaping and screen walls. As shown in the
project photometric plans, the proposed lighting adequately serves to illuminate
pedestrian paths and vehicular routes, and as conditioned shall be adequately down
shielded to prevent spill- over light and glare to adjoining properties.
ResolutionNo. 1.4 -122
Page 3
pedestrian pathsand vehicular routes, and as conditioned shall be adequately down
shielded to prevent spill- over light and glare to adjoining properties.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures shall minimize traffic hazards and shall positively affect the general appearance of
the neighborhoodand harmonize with adjacent development.
The project signage shall be separately reviewed and approved as part of a Master Sign
Program.
d) With respect to new projects within existing residential neighborhoods, new developmentshould
be designed to protect residents from noise, traffic, light and visually intrusive effects by use of
buffering, setbacks, landscaping, walls and other appropriate design measures
The proposedland use, building height, and building setbacks have been previously
approved by the City Council. The proposed landscaping features and vegetations will
provide adequatescreeningand buffering; from thestreets andadjacent uses. Please also
refer to 2a.
NOW, THEREFORE, BE IT RESOLVED:
That after careful considerationof maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in thisResolution beginning on
Page 2 thereof,:
1. The application for Architectural and Site Approval, Application no. ASA- 2012 -15 is hereby
approved, and
That the subconclusions upon which the findings and conditions specified in thisResolution are
based and contained in the Public Hearing recordconcerning Application no. ASA - 2012 -15as
set forth in the Minutes of City Council Meeting of February 25, 2014, and are incorporatedby
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Main Street Cupertino" drawn by Kenneth A.
Rodrigues (Kenneth Rodrigues and Partners) and Gary D. Laymon (Guzzardo Partnership)
stamped as received January 24, 2014 with the new revisedelevations receivedon February
6, 2014, except as may be amended byconditions in this resolution.
2. ACCURACY OFPROTECT PLANS
Resolution No. 14 -122
Page 4
The applicant /property owner is responsible to verify all pertinent property data including
but not limited to propertyboundary locations, building setbacks, property size, building
square footage, any relevant easements and /or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior Development Permit and Architectural and Site Approval conditions of approval
in Resolution No. 12- 098(M)) and prior conditions of approval through past approvals shall
remain in effect unless superseded by or in conflict with subsequent conditions of approval,
including conditions ofapproval for ASA- 2012 -15.
4. ADDITIONAL COUNCIL APPROVAL
The remaining buildings (Loft Apartments, Shops 2, 6 & 9, Major Retail Building) shall
return to the, City Council for final architectural and site approval.
5. CONSTRUCTION PLAN SET REVISIONS
Prior to issuance of building permits, the applicant shall be required to make thenecessary
changes to the project (i.e. landscaping features, street /sidewalk design, utilities, and /or
other similar site features) in order to be consistent with the approved plans to the
satisfaction of the Director of Community Development.
6. FINAL TRASH ENCLOSURE / GENERATOR DESIGNS
The final trash enclosure and generator design, including, but not limited to size, colors,
materials, layout and architectural treatmentsshall be reviewed and approved by the
Director of Community Development and Director of Public Works prior to issuance of
building permits. All trash enclosures shall be property screened by landscapingor
decorative architectural features from public view. All generators shall be setback a
minimum of four (4) feet from a pedestrian path of travel, or a distance determined to be
appropriate by the Director of Community Development.
7. ONSITE UTILITIES
The final transformer, FDC, water, including, but not limited to size, colors, materials, and
architectural treatmentsshall be reviewed and approvedby the Director of Community
Development and Director of Public Works prior to issuance of building permits.
8. PEDESTRIAN GATEWAY FEATURES
A pedestriangatewayfeature shall be required between Shops 2 and Shops 3, and between
the Flex. Retailand Hotel buildings. Finalgateway designs shall be reviewed and approved
by the Director of Community Development prior, toissuance of building permits.
9. RAILINGS, STAIRS, RETAINING WALLS & FENCING
T
Resolution No. 14 -122
Page 5
Prior to issuance of building permits, final design of pedestrian railings, stairs, retaining
walls and fencingshall be reviewed and approvedby the Director of Community
Development.
10. DEMISING WALLS
Prior to issuance of building permits, the division of retail tenant space shall be consistent
with the Tenanting Planand subject to review and approval by the Director of Community
Development. The alignment of demising walls between tenant spaces shallcorrelate to
prominent exteriorarchitectural features unless otherwise approvedby the Director.
11. ROOF MATERIALS
Prior toissuance of building permits, the applicant shall revise the proposed roofing
material on buildings 1, 3, 4 andthe clock tower to reflect a variegated slate material similar
to theChinese multicolor slate or other similar multi -color slate material.
12. BUILDING MATERIALS
Prior to issuance of building permits, the applicant shall revise material #18 (Ceramic Tile -
Alta Vista Daltileor Equivalent) onthe Material Board (Sheet MB -1), and as it occurs
throughout the project plans, with higher quality stone or equivalent side material to the
satisfaction of' the Director of Community Development. The stone siding used on Shops 1
shallmatchor be similar to thestone sidings on Buildings 3 & 4 for continuity and
consistency. Furthermore the exterior finish of the Office 1 & 2 buildings shall be a smooth
plaster (non - .sprayed finish) similar to the treatment of the Netflix buildings in Los Gatosto
the satisfaction of the Director of Community Development.
13. FLEX BUILDINGS
The final architectural drawings shall reflect the following changes to the Flex Buildings to
the satisfaction of the Community Development Director:
Utilize the original Art Deco Farmer's Market building designon the Flex 1 building
Work with staff to introduce warmer colors /tones to the Flex Buildings
Utilize either ipeor corrugated metal /aluminum decorative building accents
14. WINDOWS DETAILS
Prior to the issuance of building permits, the final window details on the new monitor roof
systemon building 3 & 4 shall be reviewed and approved by the Director of Community
Development.
15. PARKING STRUCTURE
Prior toissuance of building permits, the applicant shall work with staff to submit a final
garage plan to demonstrate the following changesto the satisfaction of the Director of
Community Development:
Resolution No. 14 -122
Page 6
Demonstrate compliance with the 60' maximumheight limit as measured from the
sidewalk along Vallco Parkway.
Provide additional decorative detailings to the garage to make it less garage like,
including possible green screens or other appropriatearchitectural features as
deemed appropriateby the Director of Community Development.
Incorporate additional decorative sidingmaterial to the ground floor concrete crash
wall.
A more decorative (with custom patterns /details) metal railing design within
openings on the stair tower and along the perimeterof the roof level.
16. SHOPS 3 & 4
Prior to issuance of building permits, the final monitor window details on Shops 3 & 4 shall
reflect the design theme of the building.
17. ADDITIONAL ARCHITECTURALENHANCEMENTS
Prior to issuance of building permits, the applicant shall have the option to work with staff
and the City Consulting Architect on incorporating decorative iron lighting features onthe
columns for the Shops 3 & 4 buildings along the Stevens Creek Boulevard frontage.
18. LIGHTING
Lighting in the parking lots shall be approvedby the Director of Community Development
for compliance with applicable regulations prior to issuance of building permits. All lighting
shall be adequately downshielded.
19. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City's Sign
Ordinance, Heart of the City SpecificPlan and South Vallco Master Plan. Prior to final
occupancy and approval of any individual signs on site, a detailed mastersign program
shall be submitted for review and approval in accordance with the City's Sign Ordinance.
20. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature on the
northwest corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent
with the policies of the General Planand South VallcoMaster Plan. The gateway entry
featureshall be a prominent design that may fulfill the public artrequirement and could
include a decorative monument feature that spans over Stevens Creek Boulevard, or vertical
structural elements on both sides of Stevens Creek Boulevard and on the median to
announce entry. Also, this cornershall include a community banner andenhanced
pedestrian crossings that may include crosswalk lighting, special paving materials and /or
prominent artor architectural feature announcing the entry to the City, such as a wrought
iron element, subject to review and approval by the City Council.
Resolution No. 14 -122
Page 7
21. SCREENING
All mechanical and other equipment on the buildings and site shall be screened so they are
notvisible from public street areas oradjoining developments. Screening- materials /colors
shallmatch building featuresand materials. The height of the screening shall be taller than
the height of the mechanical equipment tlnat it is designed to screen. The location of
equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
22. UTILITY STRUCTURES
All new utility structures, not otherwise provided for on the plans, shall be located
underground. Where utility structures are not capable of being undergrounded, for reasons
other than cost, theyshall be screened from public view to the satisfaction of the Directorof
Community Development and Public Works.
23. EXTERIOR BUILDING MATERIALS /TREATMENTS
The final building exterior treatment plan (including but not limited todetails on exterior
color, material, architectural treatments anal /orembellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of building permits.
The final building exteriorplan shall closely resemblethe details shown on the original
approved plans, except as otherwise approvedby the Director. The Director of Community
Development has the ability to require additionalpublic review process for changes or
alternations that are deemed to be significant.
24. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and /or agencies with regard
to the proposedproject for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
25. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. ,You are
hereby furthernotified that the 90 -day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protE st within this 90 -day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
Resolution No. 14 -122
Page 8
PASSED AND ADOPTED this 25th day of February, 2014, at a Special Meeting of the City
Council of the City of Cupertino, State of California, by the followingroll call vote:
AYES: Wong, Sinks, Chang, Santoro, Mahoney
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
J+
Grace Schmidt
City Clerk
APPROVED:
ti/
Gilbert Wong, Mayor
City of Cupertino
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REVISIONS BY
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0284 Name:
Status:Type:Public Hearing Agenda Ready
File created:In control:6/24/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Main Street (Loft residences and retail)
Description:
Application No(s): ASA-2013-09
Applicant(s): Main Street Cupertino Aggregator, LLC (DNA Design & Architecture)
Location: 19640 Vallco Parkway
Architectural and Site approval for final refinements to the previously approved 120 unit live/work
rental housing complex with an attached 10,081 square foot retail condominium unit
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution (ASA-2013-09)
B - CC Resolution No. 12-098 Main Street M-2012-03.pdf
C - Reso 14-122.pdf
D - Project Description Letter - Lofts.pdf
E - Lofts Material Board.pdf
F - Previously Approved Lofts Conceptual Design - 2012.pdf
G - CDR LOFTS REVIEW 070914.pdf
H - Planset.pdf
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: Main Street (Loft residences and retail)
Description:
Application No(s): ASA-2013-09
Applicant(s): Main Street Cupertino Aggregator, LLC (DNA Design & Architecture)
Location: 19640 Vallco Parkway
ArchitecturalandSiteapprovalforfinalrefinementstothepreviouslyapproved120unit
live/work rental housing complex with an attached 10,081 square foot retail condominium unit
Adopt draft Resolution No. 14-182 approving the development application (ASA-2013-09)
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
powered by Legistar™
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
Main Street – Loft Apartments and Retail.
Recommended Action
Staff recommends that the City Council approve the Architectural and Site Approval (ASA-2013-
09) in accordance with the draft resolution (Attachment A).
Description
Application Summary
Application: ASA-2013-09
Applicant: DNA Design and Architecture
Property Owner: Main Street Cupertino Aggregator, LLC
Location: 19640 Vallco Parkway (Main Street Cupertino, APN 316-20-085)
Project Description
Architectural and Site Approval (ASA-2013-09) for final refinements to the previously approved
120 unit live-work rental housing complex with an attached 10,081 square foot retail
condominium unit.
Project Data
Project
consistency with:
General Plan designation Commercial/Office/Residential
Yes
Zoning designation P (CG, ML, Res) – Planned Development
General Commercial, Light Industrial, and
Residential
Specific Plan Heart of the City
Master Plan South Vallco
Lot Size 70,219 square feet (1.612 acres)
*The project meets the minimum square footage requirements for the common and private open space as
required by the Heart of the City Specific Plan. Please note 14 of the Studio Units will not have a private
balcony due to the urban design of the project. Instead, the project is providing the equivalent amount of
open space for these units in the common space courtyard area.
Previously Approved: Proposed:
Land Use Residential market-rate apartments and a retail condominium
Building area 120 residential units
9,146 sq. ft. retail
120 residential
units
10,081 sq. ft. retail
Height (from existing
grade)
60 feet with retail 60 feet with retail
Parking Auto - 216 onsite stalls within the
underground parking garage (1.8
spaces/unit)
Bicycle – 48 Class I (40% of the residential
units); 2 Class II (5% of required auto
parking for retail)
Auto - 226 onsite
stalls within the
parking garage
(1.88 spaces/unit)
Bicycle – 62 Class
I (52% of the
residential units);
6 Class II (7% of
required auto
parking for retail)
Open Space Common –18,000 sq. ft.
Private –7,200 sq. ft.
Total – 25,200 sq. ft.
*Common –
18,923 sq.ft.
Private – 8,712 sq.
ft.
Total – 27,769 sq.
ft.
Setbacks to existing
curb/property lines:
Previously approved as part of 2012 Master
Use Permit:
Proposed:
North (Vallco
Parkway)
20 feet minimum to the curb 23 feet, 2 inches
South (Stevens Creek
Boulevard)
35 feet minimum to the curb (1.5 foot
setback for every 1 foot of building height)
Approx. 545 feet,
within 1.5:1
setback ratio
East (Tantau Avenue) Approx. 1,045
feet, within 1.5:1
setback ratio
West (Rose
Bowl/Nineteen 800
development)
10 feet 10 feet
Background
The Main Street Cupertino project was originally approved by the City Council on January 20,
2009 (U-2008-01 and ASA-2008-06). Since then, the City Council has approved several project
amendments (May 25, 2012 and September 4, 2012) to allow various changes to the land use
options, site design, and building footprints in order to facilitate the applicant’s requests.
On September 4, 2012, the Council specified the final architectural and site approval process and
criteria for the project (Resolution 12-098, Attachment B,). The Council specified that the hotel
building, public park, and entry gateway feature shall return to the Council for final review and
approval, and the Design Review Committee (DRC) may approve the rest of the buildings.
The final hotel Architectural and Site Permit (ASA-2012-11) was approved by the City Council on
January 15, 2013. On February 25, 2014, on a DRC referral, the Council approved the
Architectural and Site permit (ASA-2012-15) for Shops 1, 3-5, 7 & 8, Pads 1-3, Town Square, Flex 1
and 2, Office 1 and 2, Parking Garage, and associated site and landscaping for the entire Main
street project. The Council specified in the resolution (Resolution 14-122, Attachment C) that all
of the remaining buildings (Loft Apartments, Shops 2, 6, 9, and Major Retail Building), return to
the Council for final architectural and site approval.
Existing Site and Surroundings
The project site is identified as Lofts Housing and Shops 9 in the Main Street Cupertino project,
and is located within Parcel 5. The site is specifically located at the corner of Vallco Parkway and
Main Street between the lofts and hotel. To the north and across Vallco Parkway of Lofts
Housing/Shops 9 are office uses; to the west is the Nineteen 800 (formerly Rose Bowl) mixed-use
development; to the east and across Main Street is the hotel; and to the south are the town square,
Shops 8, and Pad 1.
Proposed Project
The applicant, DNA Design and Architecture, representing Main Street Cupertino Aggregator
LLC, is requesting an Architectural and Site Approval permit for final architectural and site
refinements to the previously approved 120 unit live-work apartment complex with an attached
retail condominium unit (Shops 9). The 120 units are comprised of 19 studio/one bedroom live-
work units, 19 studio units, and 82 one-bedroom units. 37 of these units are two levels lofts. The
units will range in size from 556 square feet to 1,777 square feet with an average unit size of 1,040
square feet.
A two-level underground parking structure containing 226 parking stalls would accommodate
the parking demand for the residential units. Amenities such as a clubhouse, lounge, conference
and dining space, a game room, and a business center would serve the residential units. See
Attachment D for a letter from the project applicant for further details on the project.
Discussion
Proposed Building Design
The proposed loft building with the attached Shops 9 is designed in a contemporary style with
warm and cool colors with the intent to bring a “downtown” feel to Main Street Cupertino. The
building design takes cues from the adjacent Nineteen 800 (Rose Bowl) project and continues its
streetscape appearance. The building is proposed at four stories and 60 feet high, within the
height limit specified by the General Plan. The building exteriors feature flat roof forms, plaster
exterior walls with faux wood siding in certain locations, aluminum storefront windows along
the ground floor, and accents including metal canopies/awnings, translucent glass railings, and
stone tile. Tower elements are included at the end-caps of the building to provide distinctive edge
treatments. The building is further articulated by modular elements that project from the primary wall
surface and are finished with caps at the upper cornice level. See Attachment E for the project’s color
and material board.
The applicant has worked with staff since the Council’s original approval of the conceptual
design in 2012 (Attachment F), and the project has addressed the Council’s original conditions in
the table below:
Condition 35 (B)(7) - Architectural
modifications for the live-work rental lofts
Project Response (staff comments in Italic):
a. Add a distinctive five-story high corner
feature that provide a distinctive edge and
corner to the southeast corner of the
building above the ground floor retail uses;
otherwise, there will be an awkward four-
story high gap at this corner.
A 5-story high corner feature was provided at
the southeast corner to strengthen this area of
the project.
b. Provide design articulation on the wall on
the southwest corner of the building above
the trash enclosure. The ground floor trash
enclosure on this corner facing the town
square needs to be properly screened and
be architecturally enhanced.
Articulation by way of architectural elements
such as metal canopies, exterior tile cladding
and siding has been designed to enhance the
southwest corner wall. The trash enclosure will
be located completely within the building and
will not be visible from public view. Staff
recommends that the applicant work with staff on
the City’s Architectural Consultant’s comments to
further enhance this area – discussed later in the
staff report.
c. The hallways appear to be long and narrow
and should be enhanced and widened
similar to hotel corridors.
Hallway corridors have been enhanced on each
level with widened spaces.
d. Please clarify if the parking garage and the
courtyard will be open or be secured.
The parking garage and courtyard will be
secured.
e. The upper level plans need to clarify if
there will be open views to the interior
courtyard
The upper level will have views to the interior
courtyard.
f. Plans should clarify where the windows or The upper level units have been designed to
Condition 35 (B)(7) - Architectural
modifications for the live-work rental lofts
Project Response (staff comments in Italic):
natural ventilation for the units will be
provided on upper floor units.
access natural ventilation from the double-
height space below.
g. Please clarify if the upper floor corridors
are open or enclosed along the southern
side of the building.
The upper level corridors along the southern
side of the building are enclosed.
h. Please provide end cap/corner features to
the building. Without these corner end
caps, the length and massing of the
building is emphasized.
Cap elements have been added to strengthen
the building’s corners.
i. Provide balcony openings for the units to
bring a residential presence to the street
level. Balconies should be more transparent
facing the town square.
The balconies facing the street and Town
Square elevations have been opened with
translucent resin panels, which bring a more
residential presence to the ground level.
j. Enhance the ground floor treatment on the
southwest corner (where the trash
enclosure is proposed) to provide a focal
point from the north-south walkway.
The ground floor treatment has been enhanced
with decorative paving, lighting elements, and
landscaping. Staff recommends that the applicant
work with staff on the City’s Architectural
Consultant’s comments to further enhance this area
– discussed later in the staff report.
k. Confirm the height of the building since it
may not exceed 60 feet per the City’s
General Plan.
See Sheet A0.2 for a height exhibit to confirm
that the building height will be within the
height limit specified by the Heart of the City
Specific Plan.
l. The tops of the buildings need to be
enhanced with stronger tops.
The building has been enhanced with stronger
tops.
m. Windows should be deep set to enhance the
elevations.
Windows will be deep set in conformance with
the Heart of the City Specific Plan design
guidelines.
Additional Recommended Architectural Enhancements
The City’s Architectural Consultant has reviewed the building design and suggests the following
changes to enhance the architectural consistency and aesthetics of the lofts with the rest of the
buildings on the site (Please refer to Attachment G for the recommendations from the City’s
Architectural Consultant):
Comments on all elevations
a. Provide decorative metal tie-rods/cables on all metal canopies to match ground floor
canopy supports and increase architectural interest.
b. Corner tower elements need to be the focal points with more delineation from the
adjacent wall planes.
a. Provide higher quality materials (e.g. Resysta, Hardiplank, metal, or similar materials) for
walls adjacent to plaster wall planes with caps above.
b. Make sure that the tower elements will have sufficient returns and wrap around so that
they don’t appear faux, especially as viewed from taller buildings in the area.
South/Town Square elevation
c. Cornice detailing should be enhanced, such as with more substantial molding, brackets,
or other similar architectural interests.
d. Enhance residential entry since it is an entry strongly related to the Town Square.
North elevation comments
a. Add roof parapet extension and canopy to match those on the south elevation.
b. Design wall planes above the clubhouse and game room similar to the articulated wall
planes on the left side of the north elevation.
c. Add projecting balconies elements above the clubhouse and game room to enhance sense
of activity and residences.
West elevation comments
a. The corner towers should look more similar and be more visually distinguished from
other wall planes.
b. Stone base should be carried throughout and be similar to the north elevation.
c. Walls and balconies should be enhanced with similar architectural interest and features as
proposed on the north elevation.
d. Refine details of the projecting wall plane elements to provide a greater projection from
the main wall plane.
Staff recommends that the Council provide direction on whether these comments shall be
incorporated into the project design. If so, they will be added as conditions of approval in the
final resolution.
Retail
Since the Council’s original approval, the design of the retail spaces has become more refined. Six
retail tenant spaces are now proposed totaling 10,081 square feet (an increase of 935 square feet
from the previous Council approval). Part of the retail spaces (2,738 square feet) is devoted to
service corridor that would be used for deliveries, trash storage and pick-up, and utility
purposes. The project will require a 935 square foot retail allocation from the Heart of the City
commercial allocation area, and the applicant will be required to pay housing mitigation fees for
the difference in square footage.
Parking
The project auto parking supply exceeds the originally required supply by 10 stalls for a total of
226 stalls in the two-level underground garage. In accordance with the Council’s original
approval, each unit is assigned at least one covered parking space. The parking in the
underground garage will be reserved for residents only and will not be shared with other uses on
the project site. The retail portion will share the surface parking and parking in the main garage
along with the rest of the retail spaces in the Main Street Cupertino project.
The project Class I bicycle parking supply (for residential) exceeds the City’s Parking Ordinance -
required supply by 14 stalls for a total of 62 stalls in the two-level underground garage. The
project Class II bicycle parking supply (for retail) exceeds the City’s Parking Ordinance-required
supply by 4 stalls for a total of 6 stalls on the ground level.
Site and Landscaping Improvements
The proposed site and landscaping improvements are intended to enhance the pedestrian
experience along the Vallco Parkway, Main Street, and Town Square streetscapes, provide
numerous recreational and rest opportunities for residents, and instill a sense of community.
Pedestrian amenities have been provided along the streetscapes in the form of decorative paving,
outdoor seating and fitness areas, play areas, drinking fountains, pet areas, pedestrian-scale
lighting, and landscaping. The walkways along all frontages connect to the Town Square, and a
future connection north-south connection to the Nineteen 800 project (Rose Bowl) will be studied
at the time of the Public Park architectural and site approval.
The interior courtyard features communal dining tables, lounge areas, a movie screen wall, shade
structures, and barbeque islands. A large second level deck overlooks the courtyard. Along the
west property line, bamboo is proposed to screen Nineteen 800 parking areas. Utility screening is
consistent with the overall theme approved by the Council under ASA-2012-15 (Resolution 14-
122, Attachment C).
Staff recommends that as a condition of the project, the applicant work with staff to further
enhance the pedestrian amenities within the proposed open space area along the Vallco Parkway
frontage to include but not limited to features such as water fountains, passive play features,
decorative planters, and sitting/canopy features.
Trash Enclosures and Deliveries
Trash enclosures for both the retail and residential uses are completely enclosed within the
building and underground parking garage. The retail trash enclosure is located within the retail
service corridor and will not be visible from public view. The residential trash enclosure is
located within the first level of the underground parking garage, and trash can be disposed
through a trash chute in all four residential levels.
Four spaces along Main Street are proposed to be reserved for deliveries and residential moving
purposes during the hours of 8 AM to 6 PM, seven days a week. Signage would be placed at
these locations stating the restricted hours for public parking. The conditions of approval reflect
the City’s Community Noise Control restrictions on nighttime and early morning deliveries. The
final trash and delivery plan will be reviewed by the City prior to issuance of building permits.
Conformance to the September 4, 2012 City Council Approval
The project substantially conforms to the conditions in Resolution 12-098 (Attachment B) that
govern the project design and operations. Please see the table below for specific conformance
points:
Resolution 12-098 condition: How project conforms:
Condition 7 – A covenant shall be recorded ensuring
that the live-work rental loft apartments will not be
converted to condominium units in the future, and
Referenced in conditions of approval.
Proposed plans only have loft-style studio
and one-bedroom units.
Resolution 12-098 condition: How project conforms:
shall adhere to the loft-style studio and one-bedroom
units per the approved site and floor plans.
Condition 8 – The developer shall construct no more
than one retail condo adjacent to the rental market
rate loft apartments. This retail condo shall be owned
by the same ownership as the rest on Retail Parcel 1
and not be sold separately.
Referenced in conditions of approval.
Main Street Cupertino Aggregator, LLC –
the same owner as the rest of the Main
Street Cupertino project parcels, currently
owns the parcel.
Condition 17 – Applicant shall demonstrate the
ground floor retail functionality for buildings
proposed at heights above 45 feet. Ground floor retail
shall be connected to the building and be of
substantial and appropriate size to accommodate the
functionality of retail uses. The building frontages of
all buildings facing the town square, shall have
ground floor retail.
The ground floor retail (Shops 9) is
connected to the residential portion of the
building, and the depths of the spaces are
of appropriate size (typically 40-45 feet
deep) to accommodate viable retail. Shops
9 is oriented to face the town square.
Condition 20 – Applicant shall comply with BMR
requirements in the City’s housing manual.
Referenced in conditions of approval. Per
the housing manual, this project would be
required to set aside 18 units (15% of 120)
as affordable to low income (7 units or
40%) and 11 to very low income (11 units
or 60%).
Condition 21 – The applicant shall provide housing
mitigation fees for the commercial development
onsite.
Referenced in conditions of approval, and
notes that the housing mitigation fee
difference of 935 square feet shall be paid
for the increase in retail size from 9,146 to
10,081 square feet.
Condition 23 – Compliance with Mitigation
Monitoring and Reporting Program (MMRP)
Project does not result in new significant
or more substantial environmental
impacts than disclosed in the certified
2009 Final EIR or 2012 Addendum. In
addition, conditions of approval prohibit
wood burning fireplaces or woodstoves,
and nighttime and early morning site
cleaning and commercial delivery
activities. The conditions of approval also
require project-level noise analysis and
attenuation from trash enclosure areas.
Condition 27 – The live-work rental loft apartments
project shall provide 1.8 stalls per unit for a total of
216 parking spaces. There shall be at least one covered
space per each unit.
Project complies with this condition and
exceeds the minimum supply by 10 stalls.
Condition 35 (B)(6) – Provide street furniture and
pedestrian amenities along Vallco Parkway.
Pedestrian amenities have been provided
along Vallco Parkway in the form of
outdoor seating and fitness areas,
Resolution 12-098 condition: How project conforms:
drinking fountains, pet areas, pedestrian-
scale lighting, and landscaping.
Condition 35 (B)(7) – Architectural modifications for
the live-work rental lofts
Discussed in the previous sections of the
staff report.
Condition 47 – Compliance with the Heart of the City
(HOC) Specific Plan development standards
Project is consistent with the HOC
development standards
Condition 53 – Restaurant odor abatement Conditions of approval require odor
abatement systems to be installed if there
are restaurant uses.
Condition 60 – The applicant shall obtain LEED
certification for live-work rental lofts in accordance
with the City’s Green Building Ordinance.
Conditions of approval require LEED
Silver certification, Green Point Rating
certification at a minimum of 50 points, or
an alternate reference standard per the
City’s Green Building Ordinance.
Conditions 25 (construction phasing), 26 (grading and
construction hours), 30 (bike parking), 31 (parking lot
lighting), 32 (building permit conformance to 12-098
and ASA), 34 (sign program), 37-41 (Landscape
Project Submittal requirements), 54 and 62 (utility
screening), and 55 (trash & delivery plan)
Referenced in conditions of approval
Environmental Assessment
No additional environmental impact assessment is required since the proposed project will not
have any new environmental impacts outside of the certified Environmental Impact Report
(2008) and associated addendums (2012) as part of the previous Council approvals.
Permit Streamlining Act
This matter is adjudicatory and is subject to the Permit Streamlining Act (Government Code
Section 65920 – 65964). The City has complied with the deadlines found in the Permit
Streamlining Act.
Project Received: December 11, 2013
Deemed Incomplete: January 11, 2014, March 26, 2014, and June 18, 2014
Deemed Complete: June 30, 2014
Since this project is Categorically Exempt, the City has 60 days (until August 30, 2014) to make a
decision on the project. The City Council’s decision on this project is final.
Noticing and Community Outreach
The following table summarizes the noticing for the July 15, 2014 Council meeting:
Notice Agenda
124 public hearing notices mailed to
property owners adjacent to the project
site (10 days prior to the hearing)
Site Signage
(14 days prior to the hearing)
Legal ad placed in newspaper
(at least 10 days prior to the hearing)
Posted on the City's official notice bulletin
board (one week prior to the hearing)
Posted on the City of Cupertino’s Web site
(one week prior to the hearing)
No public comments were received at the time of staff report production.
Conclusion
Staff recommends approval of the final architectural and site improvements since they are
consistent with the overall theme of the Main Street Cupertino project, Heart of the City Specific
Plan, and South Vallco Master Plan.
____________________________________
Prepared by: George Schroeder, Associate Planner
Reviewed by: Gary Chao, Assistant Director of Community Development; Aarti Shrivastava,
Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – ASA-2013-09 Draft City Council Resolution
B – September 4, 2012 City Council Resolution 12-098
C – February 25, 2014 City Council Resolution 14-122
D – Applicant’s project description letter
E – Color and material board
F – Previously approved Lofts conceptual design from 2012
G – Consulting Architect’s Illustrated Comments
H – Plan set
ASA-2013-09
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 14-___
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND
SITE APPROVAL PERMIT FOR FINAL REFINEMENTS TO THE PREVIOUSLY APPROVED 120-UNIT
LIVE/WORK RENTAL HOUSING COMPLEX WITH AN ATTACHED 10,081 SQUARE FOOT RETAIL
CONDOMINIUM UNIT, LOCATED AT 19640 VALLCO PARKWAY
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2013-09
Applicant: DNA Design and Architecture
Property Owner: Main Street Cupertino Aggregator, LLC
Location: 19640 Vallco Parkway (Main Street Cupertino, APN 316-20-085)
SECTION II: FINDINGS FOR AN ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for an Architectural and
Site Approval Permit for final refinements to the previously approved 120-unit live/work rental housing
complex with an attached 10,081 square foot retail condominium unit as described in Section I. of this
Resolution; and
WHEREAS, a Second Addendum to the 2009 Final Environmental Impact Report was prepared and
adequately serves to address the environmental review of the proposed application in accordance with
the California Environmental Quality Act (CEQA); and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the City Council has held at least one public hearing in regard to the application;
and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
Given that the project is consistent with the General Plan, Zoning Ordinance, Heart of the City Specific Plan,
South Vallco Master Plan, and the Main Street Cupertino project development approvals, the project will not
be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience. In addition, there will be disclosures in the Main Street
Cupertino project’s covenants, conditions, and restrictions (CC&Rs) that Main Street will be a vibrant and
active commercial area, and certain uses will generate noise audible from neighboring properties.
Resolution No. 14-___ ASA-2013-09 July 15, 2014
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
a) Abrupt changes in building scale have been avoided. A gradual transition related to height and
bulk has been achieved between new and existing buildings.
The proposed project is compatible in mass, scale, and bulk as other buildings in the Main Street Cupertino
project, and other mixed-use residential buildings located along major mixed-use corridors in the City.
b) Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of walls, fencing, hedges and screen
planting harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided. Lighting for development is adequate to meet safety
requirements as specified by the engineering and building departments, and shielding to
adjoining property owners.
The project’s contemporary architectural theme, earth tone colors, and associated landscaping are
harmonious with the varied style of the planned buildings in the Main Street Cupertino project, the
adjacent Nineteen 800 (Rose Bowl) mixed-use project, and other mixed-use buildings in the Heart of the
City. The rich palette of materials/textures is compatible with other buildings in the area, and is consistent
with the Heart of the City Specific Plan design guidelines. All above ground utility installations are
required to be screened from public view through a combination of landscaping and screen walls. Main
Street Cupertino’s lighting adequately serves to illuminate pedestrian paths and vehicular routes near the
building, and will not glare to other properties.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures have been designed to minimize traffic hazard, positively affect the general
appearance of the neighborhood and harmonize with adjacent development.
Signage is required as part of the Main Street Cupertino project conditions of approval to be separately
reviewed and approved as part of a Master Sign Program.
d) This new development has been designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate
design measures.
The land uses, building heights, and building setbacks have been previously approved by the City Council.
The proposed landscaping features and vegetation’s will provide adequate screening and buffering from the
streets and adjacent uses.
Resolution No. 14-___ ASA-2013-09 July 15, 2014
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof:
The application for an Architectural and Site Approval Permit, Application no. ASA-2013-09 is hereby
approved and that the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record concerning Application no. ASA-2013-09 as set forth
in the Minutes of City Council Meeting of July 15, 2014, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated June 20, 2014 consisting of 33 sheets labeled A0.0, A0.1,
A0.1S, A0.2, A1.0, A1.1, A1.2, A1.3, A1.4, A1.5, A-1.6, A1.7, A2.0, A2.1, A2.2, A2.3, A3.0, A3.1, A4.0,
A4.1, A4.2, A5.0, A5.1, L-1.0a, L-1.0b, L-1.0c, L-1.1, L-1.2, L-1.3, L-2.1, L-3.1, L-4.1, and L-5.1 entitled,
“ASA Submittal, Main Street Cupertino Loft Residences, Stevens Creek Boulevard @ Finch,
Cupertino, CA,” drawn by DNA Design and Architecture and The Guzzardo Partnership; except as
may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. PREVIOUS CONDITIONS OF APPROVAL
The following previous Main Street Cupertino development/use permit, tentative map, and
architectural and site approval permit conditions of approval for the project site shall remain in
effect:
M-2012-03 (Resolution 12-098) and ASA-2012-10 (Resolution 12-099)
All conditions, with the clarification for M-2012-03 (Resolution 12-098), Condition no. 2
(regarding past conditions of approval that apply), that Resolution 12-098, Resolution 12-099, and
Resolution 12-100 superseded M-2011-09 (Resolution 12-054), ASA-2011-24 (Resolution 12-055),
and TM-2011-04 (Resolution 12-056).
TM-2012-04 (Resolution 12-100)
All conditions, with the clarification for Condition no. 1e that the retail condominium parcel is
10,081 square feet, not 9,146 square feet.
ASA-2012-15 (Resolution 14-122)
Condition nos. 5 (construction plan set revisions), 6 (final trash enclosure design), 7 (onsite
utilities), 9 (railings, stairs, and retaining walls), 10 (demising walls), 19 (signage), 21 (screening),
22 (utility structures), and 23 (exterior building materials).
Resolution No. 14-___ ASA-2013-09 July 15, 2014
4. DEVELOPMENT APPROVAL
Architectural and site approval is granted to allow final architectural and site enhancements to the
previously approved 120-unit live/work rental housing complex with an attached 10,081 square foot
retail condominium unit. This approval clarifies that the final retail square footage is 10,081, not 9,146
as originally specified in Resolution 12-098.
Allowed uses in the retail spaces include those permitted by the City’s General Commercial (CG)
Ordinance, currently Chapter 19.60 of the Municipal Code. A separate conditional use permit shall be
required for those commercial uses requiring use permit approval as specified in the CG Ordinance.
Development intensity shall be regulated by use permit review.
Permitted uses in the live-work workspaces shall be consistent with the City’s Home Occupation
Ordinance, currently Chapter 19.120 of the Municipal Code.
5. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 935 square feet from the Heart of the City Specific Plan
retail commercial allocation area given the square footage increase from the original approval under
Resolution 12-098.
6. FINAL BUILDING DESIGN
The final building design and exterior treatment plans shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits. The Director of
Community Development may approve additional designs or make minor variations as deemed
appropriate. The final building exterior plan shall closely resemble the details shown on the original
approved plans. Any exterior changes determined to be substantial by the Director of Community
Development shall require a modification approval.
7. ARCHITECTURAL REVISIONS
Unless modified by the City Council, the applicant shall work with staff to incorporate additional
architectural enhancements as outlined in the City’s Architectural Consultant Visual Illustration
dated July 9, 2014 into the project design.
8. OPEN SPACE ENHANCEMENTS – VALLCO PARKWAY FRONTAGE
The applicant shall work with staff to provide additional enhancements to the pedestrian amenities
within the proposed open space area along the Vallco Parkway frontage to include but not limited to
features such as water fountains, passive play features, decorative planters, and sitting/canopy
features.
9. INSET WINDOWS
The plans shall demonstrate compliance with the Heart of the City Specific Plan by having all
window glass inset a minimum of 3 inches from the window frame or from the exterior wall surface.
10. STOREFRONT WINDOW OBSTRUCTIONS
The storefront windows for the retail spaces and workspaces are to be kept open and free of any
obstructions to the satisfaction of the Director of Community Development. No more than 25% of
each storefront window may be obstructed with signage or other interior items such as shelves,
Resolution No. 14-___ ASA-2013-09 July 15, 2014
permanent walls, opaque painting/material of windows, spandrel glazing, window film, and other
storefront obstructions.
Prior to applying for building permits, conceptual tenant improvement plans shall be submitted for
review by the Director of Community Development to confirm compliance with this condition.
11. PARKING RATIO
Per Resolution 12-098, the project auto parking ratio for the loft apartments shall be 1.8 stalls per unit
for a minimum of 216 stalls to be maintained for residential use only. At least one covered parking
stall shall be provided per unit.
12. BICYCLE PARKING
The applicant shall maintain a minimum of 40% or 48 Class I bicycle parking stalls for residential use
only based on the unit count.
Prior to issuance of building permits, the applicant shall work with staff to provide additional Class
II bicycle parking stalls in addition to the 6 proposed for the retail customers.
13. GREEN BUILDING
Per Resolution 12-098, the applicant shall obtain LEED Silver certification, Green Point Rating
certification at a minimum of 50 points, or an alternative reference standard in accordance with the
City’s Green Building Ordinance (Chapter 16.58 of the Cuper tino Municipal Code) for the live-work
rental loft housing. Third party LEED certification or alternative reference standard is required per
the ordinance criteria.
The applicant shall also design Shops 9 to LEED certification standards, but will not be required to
certify these buildings as LEED certified. Any pools on the project site shall require solar heating.
14. LIVE-WORK RENTAL LOFT APARTMENT REQUIREMENTS
Per Resolution 12-098, prior to issuance of building permits, a covenant, approved by the City
Attorney, shall be required to ensure that the live-work rental loft apartment complex shall not be
converted to condominium units in the future, and shall adhere to the loft-style studio and one-
bedroom units per the approved site and floor plans. The covenant shall contain a provision that it
may not be modified without the express written approval of the City.
15. RETAIL CONDOMINIUM OWNERSHIP REQUIREMENTS
Per Resolution 12-098, the developer shall construct no more than one retail condominium adjacent
to the live-work rental market-rate loft apartments. This retail condominium unit shall be owned by
the same ownership as the rest of the retail on Parcel 1 (Main Street Cupertino project), and shall not
be sold separately.
16. BELOW MARKET RATE (BMR) HOUSING PROGRAM
Per Resolution 12-098, the applicant shall comply with the requirements in the City’s Below Market
Rate (BMR) Housing program. For alternatives to these requirements, the applicant may request the
Housing Commission to recommend alternatives to the City Council to meet these requirements. For
dedication of any housing units at below market rates, the applicant shall record a covenant, which
Resolution No. 14-___ ASA-2013-09 July 15, 2014
shall be subject to review and approval by the City Attorney, to be recorded prior to issuance of
building permits. BMR fees shall be paid prior to issuance of building permits.
17. HOUSING MITIGATION FEES
Prior to issuance of building permits, the applicant shall provide the required housing mitigation
fees for the difference in retail square footage for Shops 9 (9,146 square feet originally approved
under Resolution 12-098 to 10,081 proposed – at a total of $60,486 or as amended by the applicable
fee schedule at the time of the building permit issuance).
18. ODOR ABATEMENT SYSTEM
Per City Council Resolution 12-098, any restaurants within the retail spaces are required to install
odor abatement systems in the air handling systems to reduce the odor impact from the restaurants
to the adjacent community. Detailed plans shall be reviewed and approved by the Community
Development Department.
19. WOOD BURNING FIREPLACES OR WOODSTOVES PROHIBITED
Per City Council Resolution 12-098 and Main Street Cupertino’s Mitigation Monitoring and
Reporting Program (MMRP), mitigation measure MM AIR- 2.12 prohibits wood burning fireplaces or
woodstoves.
20. PROJECT-LEVEL ACOUSTICAL ANALYSIS
Per City Council Resolution 12-098 and Main Street Cupertino’s Mitigation Monitoring and
Reporting Program (MMRP), mitigation measure MM NOI- 3.1 requires a project-level acoustical
analysis when stationary noise sources are located to residential uses. Exterior noise levels at
residential land uses shall be maintained in accordance with the standards in the City’s Noise
Control Ordinance (Chapter 10.48). The acoustical analyses shall be provided to the City prior to the
issuance of building permits (to specify design criteria and mitigation, if any) and prior to final
occupancy (to verify construction is within noise limits) of core and shell and subsequent tenant
improvement permits, as determined necessary by the Director of Community Development.
21. ONSITE CLEANING ACTIVITIES
Per City Council Resolution 12-098 and Main Street Cupertino’s Mitigation Monitoring and
Reporting Program (MMRP), mitigation measure MM NOI- 3.2 requires that cleaning activities be
limited to daytime hours only (8AM to 8 PM weekdays and 9 AM to 6 PM on weekends), consistent
with the requirements of the City’s Noise Control Ordinance (Chapter 10.48).
22. TRASH COMPACTORS AND DUMPSTERS
Per City Council Resolution 12-098 and Main Street Cupertino’s Mitigation Monitoring and
Reporting Program (MMRP), mitigation measure MM NOI- 3.3 requires that trash compactors and
dumpsters shall be located away from adjacent residential receivers or shielded with noise barriers
or other enclosures.
23. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall include,
but not be limited to the following:
Resolution No. 14-___ ASA-2013-09 July 15, 2014
a. Location and design of trash facilities (i.e. trash enclosures and receptacles). Trash enclosures
shall provide ample space to include trash, recycling, food waste, and waste receptacles along
with a tallow bin.
b. Quantity of trash receptacles.
c. Primary and alternative truck routes.
d. Signage for parking stalls displaced during pick-up and delivery hours.
e. Trash pick-up schedule.
All trash facilities must be screened and enclosed to the satisfaction of the Public Works Department.
The final plan shall be submitted to the City and the City’s refuse service for re view and approval
prior to issuance of building permits.
24. COMMERCIAL DELIVERY HOURS
Per City Council Resolution 12-098 and Main Street Cupertino’s Mitigation Monitoring and
Reporting Program (MMRP), mitigation measure MM NOI- 3.4 prohibits commercial deliveries
during nighttime and early morning hours as specified by the City’s Community Noise Control
Ordinance.
25. SITE LIGHTING
All new lighting must conform to the standards in the City’s Parking Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance. Prior to final occupancy, a
licensed lighting consultant shall confirm that the lighting is in compliance with the City’s standards.
26. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults to the maximum extent possible. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to installation of any
above ground equipment. Should above ground equipment be permitted by the City, equipment
and enclosures shall be screened with fencing and landscaping such that said equipment is not
visible from public street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
27. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per
section 14.15.040 of the Landscaping Ordinance if the total planting area is greater than 2,500 square
feet. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
28. LANDSCAPE INSTALLATION REPORT
If the planting area is over 2,500 square feet, a landscape installation audit shall be conducted by a
certified landscape professional after the landscaping and irrigation system have been installed and
prior to final occupancy. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
Resolution No. 14-___ ASA-2013-09 July 15, 2014
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit.”
29. LANDSCAPE AND IRRIGATION MAINTENANCE
If the planting area is over 2,500 square feet, a maintenance schedule shall be established and
submitted to the Director of Community Development or his/her designee, either with the landscape
application package, with the landscape installation report prior to issuance of final occupancy, or
any time before the landscape installation report is submitted prior to issuance of building permits.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest control
or other factors as recommended by a landscaping professional.
30. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the “indemnified parties”) from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
31. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and
a description of the dedications, reservations, and other exactions. You are hereby further notified
that the 90-day approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a
protest within this 90-day period complying with all of the requirements of Section 66020, you will
be legally barred from later challenging such exactions.
Resolution No. 14-___ ASA-2013-09 July 15, 2014
SECTION IV: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. ADDITIONAL SEWER FEES
The originally approved Loft Plan had 9,146 SF of retail as compared to current plan 10,081 SF. This
increase will also result in additional sewer fees (currently based as retail use, no restaurant or higher
sewerage use).
2. SEWER SERVICE REQUIREMENTS FOR CONDOMINIUMS
If retail condominiums are proposed, there will be different sewer service requirements as compared
to one retail development under one ownership. More detailed sewer service plans will need to be
reviewed before the District can provide full comments.
PASSED AND ADOPTED this 15th day of July, 2014, Regular Meeting of the City Council of the City of
Cupertino, State of California, by the following roll call vote:
AYES: CITY COUNCIL MEMBERS:
NOES: CITY COUNCIL MEMBERS:
ABSTAIN: CITY COUNCIL MEMBERS:
ABSENT: CITY COUNCIL MEMBERS:
ATTEST: APPROVED:
Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino
G:\Planning\PDREPORT\CC Res\2013\ASA-2013-09 CC res.doc
RESOLUTION NO. 14 -122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
FOR FINAL REFINEMENTSTOTHE PREVIOUSLY APPROVED SHOPS 1, SHOPS 3-5,7-8,
PADS 1& 2, TOWN SQUARE, FLEX 1 & 2, OFFICE 1 & 2, PARKING GARAGE, AND
ASSOCIATED SITE AND LANDSCAPING'DESIGN OF MAIN STREET CUPERTINO
ASA- 2012 -15)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA - 2012 -15
Applicant: Kevin Dare
Property Owner: Main Street Cupertino Aggregator, LLC
Location: North side of Stevens Creek Boulevard on both sides of Finch Avenue, west of
N. Tantau Avenue and south of Vallco Parkway
APN 316 -20 -078, 316 -20 -079, and 316 -20 -085)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the City Council of the City of Cupertino received an application for site
modifications to a previously approvedDevelopmentPermit as described in SectionI. of .this
Resolution; and
WHEREAS, the necessary public notices havebeen given as requiredby the Procedural
Ordinance of the City ofCupertino, and the City. Council has held atleastone public hearing in
regard to the application; and
WHEREAS, the applicant has met thE, burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal; at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, generalwelfare,
or convenience,
The project impactsto the public health., safety, general welfare and surrounding
improvements have been analyzed as part of an Environmental Impact Report under the
CaliforniaEnvironmental QualityAct. In response to areas where impacts were anticipated,
a MitigationMonitoring and ReportingProgram had been established to minimize the
impacts to less than significant levels. The project shall be required to continue to abide by
these specified mitigation measures as enforced by City staff.
ResolutionNo. 14 -122
Page 2
Furthermore, the project is anticipated to enhance the general public convenience in the area
in that it provides a rich mixture of land uses that accommodate housing, shopping, and
employment centers. New pedestrian connections to the Rosebowl and Metropolitan
developments to the west shall be made, andthe entire sidewalk /streetscape surrounding
the perimeter of the site shall be replaced andenhanced.
2. The proposal is consistent with the purposes of Chapter 19.168, Architectural and Site Review, of the
Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including; butnot limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related to height and
bulk should be achievedbetween new and existingbuildings;
Onevery edge and frontage, the proposed buildings mirror their surroundings creating a
complementary and logicalneighborhood transition. No substantial building mass or
height changes are beingproposed from the previousCouncil approval.
b) In order to preservedesign harmony between new and existing buildings and in order to preserve
and enhance property values, the materials, textures and colors of new buildings should
harmonize with adjacentdevelopment by being consistent orcompatible with design and color
schemes, and with the fixture character of the neighborhoodand purposes of the zone in which they
are situated. The location, height and materials of walls, fencing, hedges and screen planting
shouldharmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements ofparking lots should be concealed. The plantingof ground cover or various
types of pavements should be used to prevent dust anderosion, and the unnecessary destruction of
existing healthy trees should be avoided. Lighting for development should be adequate .to meet
safety requirements as specified by the engineering and building departments, and provide
shielding to prevent spill- over light to adjoining property owners; and
The project present a combination of flat and sloped roof building designs, earth tone
colors, and associated landscaping are harmonious with the adjoining buildings and
streetscape on Stevens Creek Boulevard, Vallco Parkway, and N. Tantau ' Avenue
streetscapes. The rich palette of materials /textures is compatible with the recently
approved Rosebowl Development and design guidelines contained in the Heart of the
City Specific Plan. All above ground utility installations are required to bescreened from
public view through a combination of landscaping and screen walls. As shown in the
project photometric plans, the proposed lighting adequately serves to illuminate
pedestrian paths and vehicular routes, and as conditioned shall be adequately down
shielded to prevent spill- over light and glare to adjoining properties.
ResolutionNo. 1.4 -122
Page 3
pedestrian pathsand vehicular routes, and as conditioned shall be adequately down
shielded to prevent spill- over light and glare to adjoining properties.
c) The number, location, color, size, height, lighting and landscaping of outdoor advertising signs
and structures shall minimize traffic hazards and shall positively affect the general appearance of
the neighborhoodand harmonize with adjacent development.
The project signage shall be separately reviewed and approved as part of a Master Sign
Program.
d) With respect to new projects within existing residential neighborhoods, new developmentshould
be designed to protect residents from noise, traffic, light and visually intrusive effects by use of
buffering, setbacks, landscaping, walls and other appropriate design measures
The proposedland use, building height, and building setbacks have been previously
approved by the City Council. The proposed landscaping features and vegetations will
provide adequatescreeningand buffering; from thestreets andadjacent uses. Please also
refer to 2a.
NOW, THEREFORE, BE IT RESOLVED:
That after careful considerationof maps, facts, exhibits, testimony and other evidence submitted
in this matter, subject to the conditions which are enumerated in thisResolution beginning on
Page 2 thereof,:
1. The application for Architectural and Site Approval, Application no. ASA- 2012 -15 is hereby
approved, and
That the subconclusions upon which the findings and conditions specified in thisResolution are
based and contained in the Public Hearing recordconcerning Application no. ASA - 2012 -15as
set forth in the Minutes of City Council Meeting of February 25, 2014, and are incorporatedby
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set entitled, "Main Street Cupertino" drawn by Kenneth A.
Rodrigues (Kenneth Rodrigues and Partners) and Gary D. Laymon (Guzzardo Partnership)
stamped as received January 24, 2014 with the new revisedelevations receivedon February
6, 2014, except as may be amended byconditions in this resolution.
2. ACCURACY OFPROTECT PLANS
Resolution No. 14 -122
Page 4
The applicant /property owner is responsible to verify all pertinent property data including
but not limited to propertyboundary locations, building setbacks, property size, building
square footage, any relevant easements and /or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior Development Permit and Architectural and Site Approval conditions of approval
in Resolution No. 12- 098(M)) and prior conditions of approval through past approvals shall
remain in effect unless superseded by or in conflict with subsequent conditions of approval,
including conditions ofapproval for ASA- 2012 -15.
4. ADDITIONAL COUNCIL APPROVAL
The remaining buildings (Loft Apartments, Shops 2, 6 & 9, Major Retail Building) shall
return to the, City Council for final architectural and site approval.
5. CONSTRUCTION PLAN SET REVISIONS
Prior to issuance of building permits, the applicant shall be required to make thenecessary
changes to the project (i.e. landscaping features, street /sidewalk design, utilities, and /or
other similar site features) in order to be consistent with the approved plans to the
satisfaction of the Director of Community Development.
6. FINAL TRASH ENCLOSURE / GENERATOR DESIGNS
The final trash enclosure and generator design, including, but not limited to size, colors,
materials, layout and architectural treatmentsshall be reviewed and approved by the
Director of Community Development and Director of Public Works prior to issuance of
building permits. All trash enclosures shall be property screened by landscapingor
decorative architectural features from public view. All generators shall be setback a
minimum of four (4) feet from a pedestrian path of travel, or a distance determined to be
appropriate by the Director of Community Development.
7. ONSITE UTILITIES
The final transformer, FDC, water, including, but not limited to size, colors, materials, and
architectural treatmentsshall be reviewed and approvedby the Director of Community
Development and Director of Public Works prior to issuance of building permits.
8. PEDESTRIAN GATEWAY FEATURES
A pedestriangatewayfeature shall be required between Shops 2 and Shops 3, and between
the Flex. Retailand Hotel buildings. Finalgateway designs shall be reviewed and approved
by the Director of Community Development prior, toissuance of building permits.
9. RAILINGS, STAIRS, RETAINING WALLS & FENCING
T
Resolution No. 14 -122
Page 5
Prior to issuance of building permits, final design of pedestrian railings, stairs, retaining
walls and fencingshall be reviewed and approvedby the Director of Community
Development.
10. DEMISING WALLS
Prior to issuance of building permits, the division of retail tenant space shall be consistent
with the Tenanting Planand subject to review and approval by the Director of Community
Development. The alignment of demising walls between tenant spaces shallcorrelate to
prominent exteriorarchitectural features unless otherwise approvedby the Director.
11. ROOF MATERIALS
Prior toissuance of building permits, the applicant shall revise the proposed roofing
material on buildings 1, 3, 4 andthe clock tower to reflect a variegated slate material similar
to theChinese multicolor slate or other similar multi -color slate material.
12. BUILDING MATERIALS
Prior to issuance of building permits, the applicant shall revise material #18 (Ceramic Tile -
Alta Vista Daltileor Equivalent) onthe Material Board (Sheet MB -1), and as it occurs
throughout the project plans, with higher quality stone or equivalent side material to the
satisfaction of' the Director of Community Development. The stone siding used on Shops 1
shallmatchor be similar to thestone sidings on Buildings 3 & 4 for continuity and
consistency. Furthermore the exterior finish of the Office 1 & 2 buildings shall be a smooth
plaster (non - .sprayed finish) similar to the treatment of the Netflix buildings in Los Gatosto
the satisfaction of the Director of Community Development.
13. FLEX BUILDINGS
The final architectural drawings shall reflect the following changes to the Flex Buildings to
the satisfaction of the Community Development Director:
Utilize the original Art Deco Farmer's Market building designon the Flex 1 building
Work with staff to introduce warmer colors /tones to the Flex Buildings
Utilize either ipeor corrugated metal /aluminum decorative building accents
14. WINDOWS DETAILS
Prior to the issuance of building permits, the final window details on the new monitor roof
systemon building 3 & 4 shall be reviewed and approved by the Director of Community
Development.
15. PARKING STRUCTURE
Prior toissuance of building permits, the applicant shall work with staff to submit a final
garage plan to demonstrate the following changesto the satisfaction of the Director of
Community Development:
Resolution No. 14 -122
Page 6
Demonstrate compliance with the 60' maximumheight limit as measured from the
sidewalk along Vallco Parkway.
Provide additional decorative detailings to the garage to make it less garage like,
including possible green screens or other appropriatearchitectural features as
deemed appropriateby the Director of Community Development.
Incorporate additional decorative sidingmaterial to the ground floor concrete crash
wall.
A more decorative (with custom patterns /details) metal railing design within
openings on the stair tower and along the perimeterof the roof level.
16. SHOPS 3 & 4
Prior to issuance of building permits, the final monitor window details on Shops 3 & 4 shall
reflect the design theme of the building.
17. ADDITIONAL ARCHITECTURALENHANCEMENTS
Prior to issuance of building permits, the applicant shall have the option to work with staff
and the City Consulting Architect on incorporating decorative iron lighting features onthe
columns for the Shops 3 & 4 buildings along the Stevens Creek Boulevard frontage.
18. LIGHTING
Lighting in the parking lots shall be approvedby the Director of Community Development
for compliance with applicable regulations prior to issuance of building permits. All lighting
shall be adequately downshielded.
19. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City's Sign
Ordinance, Heart of the City SpecificPlan and South Vallco Master Plan. Prior to final
occupancy and approval of any individual signs on site, a detailed mastersign program
shall be submitted for review and approval in accordance with the City's Sign Ordinance.
20. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature on the
northwest corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent
with the policies of the General Planand South VallcoMaster Plan. The gateway entry
featureshall be a prominent design that may fulfill the public artrequirement and could
include a decorative monument feature that spans over Stevens Creek Boulevard, or vertical
structural elements on both sides of Stevens Creek Boulevard and on the median to
announce entry. Also, this cornershall include a community banner andenhanced
pedestrian crossings that may include crosswalk lighting, special paving materials and /or
prominent artor architectural feature announcing the entry to the City, such as a wrought
iron element, subject to review and approval by the City Council.
Resolution No. 14 -122
Page 7
21. SCREENING
All mechanical and other equipment on the buildings and site shall be screened so they are
notvisible from public street areas oradjoining developments. Screening- materials /colors
shallmatch building featuresand materials. The height of the screening shall be taller than
the height of the mechanical equipment tlnat it is designed to screen. The location of
equipment and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
22. UTILITY STRUCTURES
All new utility structures, not otherwise provided for on the plans, shall be located
underground. Where utility structures are not capable of being undergrounded, for reasons
other than cost, theyshall be screened from public view to the satisfaction of the Directorof
Community Development and Public Works.
23. EXTERIOR BUILDING MATERIALS /TREATMENTS
The final building exterior treatment plan (including but not limited todetails on exterior
color, material, architectural treatments anal /orembellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of building permits.
The final building exteriorplan shall closely resemblethe details shown on the original
approved plans, except as otherwise approvedby the Director. The Director of Community
Development has the ability to require additionalpublic review process for changes or
alternations that are deemed to be significant.
24. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and /or agencies with regard
to the proposedproject for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
25. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. ,You are
hereby furthernotified that the 90 -day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protE st within this 90 -day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
Resolution No. 14 -122
Page 8
PASSED AND ADOPTED this 25th day of February, 2014, at a Special Meeting of the City
Council of the City of Cupertino, State of California, by the followingroll call vote:
AYES: Wong, Sinks, Chang, Santoro, Mahoney
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
J+
Grace Schmidt
City Clerk
APPROVED:
ti/
Gilbert Wong, Mayor
City of Cupertino
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORREAVENUE • CUPERTINO, CA 95014-3255
CU P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
September 20, 2012
AMENDED
Re: Subject: Modification to the Main Street Cupertino mixed-use development
Enclosed are two further modified resolutions that Council adopted at its September 4 meeting.
Please note that these are additional amendments to the previously sent letter dated September 18.
Sincerely,
Kirsten Squarcia
Acting Deputy City Clerk
cc: Community Development
500 Forbes, LLC
Attn: Kevin Dare
203 Redwood Shores Pkwy #200
Redwood City, CA 94065
RESOLUTION NO. 12-098
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVINGA MODIFICATION (M-2012-03) TO A MASTER USE PERMIT (U-2008-01 AND
M-2011-09), ARCHITECTURAL ANDSITE APPROVAL (ASA-2011-24) AND TENTATIVE
MAP (TM-2011-04) FOR A MIXED USE DEVELOPMENT TO ALLOW A HOTEL WITH 180
ROOMS; 130,500 SQUARE FEET OF RETAIL SPACE; 260,000 SQUARE FEET OF OFFICE; A
0.80-ACRE TOWN SQUARE; A 120-UNIT LIVE/WORK RENTALLOFT APARTMENT
HOUSING COMPLEX WITH AN ATTACHED 9,146 SQUARE FOOT RETAIL
CONDOMINIUM UNIT, AND 216 PARHING SPACES IN THE ATTACHED UNDERGROUND
GARAGE DEDICATED FOR RESIDENTIAL USE ONLY; A 5-LEVEL PARHING GARAGE
WITH TWO LEVELS OF UNDERGROUND PARHING; A 0.75 ACRE PARK INCLUSIVE OF
THEPARKAREA AND THE 20-FOOT WIDE LANDSCAPE BUFFER ALONG THE
WESTERN PERIMETER OF THE SITE ADJACENT TO THE METROPOLITAN MIXED-USE
DEVELOPMENT; ANDA TOTAL OF 1,769 PARHING SPACES (ASIDEFROM THE
RESIDENTIAL PARKING), BASED UPON A CREDIT OF 42 ON-STREET PARHING SPACES
AND 1,695 SPACES FOR THE RETAIL, OFFICE AND HOTEL AND AN ADDITIONAL 32
PARHING SPACES ON SITE, ON AN 18.5 ACRE SITE LOCATED ON THE NORTH SIDE OF
STEVENS CREEKBOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH SIDES OF
FINCH AVENUE) AND N. TANTAU AVENUE IDENTIFIED BY APNS 316-20-085, 316-20-078
AND 316-20-079
SECTIONI: PROJECT DESCRIPTION
Application No.:M-2012-03
Applicant:Kevin Dare
Property Owner:500 Forbes, LLC
Location: North of Stevens Creek Boulevard between Finch Avenue (including the both sides
of Finch Avenue) and N. Tantau Avenue, south of Vallco Parkway
APNs 316-20-085, 316-20-078 AND 316-20-079)
SECTION II: FINDINGS
WHEREAS, the City Council of the City of Cupertino received applications for a Modification to a
Master Use Permit, Architectural and Site Approval and TentativeMap, as described in Section I of this
Resolution; and
WHEREAS, thenecessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the City Council has held one orinore public hearingson this matter; and
WHEREAS, a Second Addendum tothe Final Certified 2009 Environmental Iinpact Report was prepared
to adequately address the environmental review of the proposed applications in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
Resolution No.12-098
1) The proposed project and use, at the proposed location, will not be detrimental or injurious to
property orimprovements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience; and
2) The proposed project and use will be located and conducted in a manner in accord with the
Cupertino Comprehensive GeneralPlan, the purpose of the Conditional Use Permits Chapter of
the Cupertino Municipal Code, and complies with the California Environmental QualityAct
CEQA); and
3) Theproposed project anduse is consistent with the zoning regulations and the South Vallco
Special Center and South Vallco Master Plan; and
4) The proposed project and use is consistent with the Heart of the City Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after carefulconsideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Modification to the Master Use Permit, Architectural and Site Approval and
TentativeMap, is herebyapproved, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based and
contained in the public hearingrecordconcerning Application No. M-2012-03 as set forthin the Minutes
of the City Council Meeting of September 4, 2012, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Main Street Cupertino, Sand Hill PropertyCompany,
Cupertino, California" site plan dated August 15, 2012 and dated received August 28, 2012,
Mixed Use Loft plans consisting of pages A1.0, A2.1, A2.2, A2.3,A2.4, A2.5, A2.6, and A3.0,
dated received August 28, 2012, and TentativeMap pages TM-1 through TM-8 dated received
August 28, 2012, except as may be ainended by the conditions contained in this resolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Resolution Nos. 12-054, 12-055 and 12-056, for
applications M-2011-09, ASA-2011-24, and TM-2011-04, shall reinain in effect unless superseded
by or in conflict with subsequent conditions of approval, including the conditions contained herein
in this resolution.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including butnot
limited to propertyboundary locations, building setbacks, property size, building square footage,
any relevant easements and/orconstruction records. Any misrepresentation of any property data
may invalidate this approval and inay require additional review.
4. DEVELOPMENT APPROVAL AND PERMIT EXPIRATION
Approval of a Modification to the Master Use Permit is granted based upon thesite plan identified
dated received August 28, 2012 to allow the construction of a hotel with 180 rooins; up to 130,500
2
Resolution No.12-098
square feet of retail space; a 0.80acre town square; 260,000 square feet of office space; a 120-unit
market-rate rental live/work loft apartment housingcomplex with an attached 9,146 square foot
retail condominium unit, and 216 parking spaces (1.8 spaces/unit) in the attached underground
garage dedicated for residential use only; a0.75 acre park inclusive of the park area and the 20-
foot wide landscape buffer along the western perimeter of the site adjacent to the Metropolitan
mixed-use development, a 5-level parking garage with two levels of underground parking; a total
of 1,769 parking spaces (aside from the residential parking) based upon a credit of 42 on-street
parking spaces and 1,695 spaces for the retail, office and hotel and an additional 32 parking spaces
on site; and a requirement for the ground floor of the office buildings and market-rate live/work
loft apartinent housingcomplex to accommodate retail components in each building.
The Modification tothe Master Use Permit shall expire within three (3) years from the date of this
approval.
With the exception of the residential units and office square feet, all other uses may be subject to
further refinement based on the final approved tenanting and land use plan, provided thatthere are
no additional environmental impacts, such as traffic and parking, as determined by the Community
Development Director.
Uses Develo ment A roval
Housin 120 market-rate live/work housingcomplex
Hotel 180-room hotel
Retail 130,500 square feet
Of ce 260,000 square feet
Parking For the retail, office and hotel: 1,769 spaces including spaces in the 5-
stories above ground parking garage with two underground levels of
parking, on-site surface parking spaces, and credit for 42 on-street
parking spaces along Vallco Parkway. Free parking shall be provided in
the parking garage and on the surface parking spaces for the retail and
office uses. However, the hotel may charge parking fees for its
customers to park in the parking garage.
For the live/work loft rentalresidential units: 216 parking spaces in the
attached underground parking garage dedicated for use by the residents
only
Publicly 1.55 acres of town square and park area, inclusive of the .20 acres of
Accessible Open the 20-footwide landscape buffer along the western periineter of the
Space (Town site (adjacentto the Metropolitan mixed-use developinent site)
S uare and Park)
5. OFFICE DEVELOPMENT ALLOCATION
The applicant is permitted to retain the 100,000 square feet of unrestricted office allocation
received in 2009 from the N. De Anza Boulevard area in conjunction with the approval for U-
2008-01, and shall additionally receive 160,000 square feet of office allocation froin the
unrestricted office allocation from other areas in the City, except from the Vallco Park North area,
to provide the applicant with a total of 260,000 square feet of unrestricted office allocation. The
applicant shall notdraw office allocation from the Major Companies pool.
3
Resolution No.12-098
6. HOTEL OPERATIONS
The hotel shall be permitted tooperate as a 24-hour late night business operation and shall provide
a minimum 6,500 square foot restaurant and meeting space area on the ground floor of the hotel
along the Town Square. Any additional or revised uses for the hotel will be reviewed at the time
specific business operation information is provided about these uses to determine if they are
permitted and will require a separate Use Permit application.
Note: This modifies the Condition No. 5 in the approval dated January20, 2009) to replace the
requirement for a 400-person banquet facility with a 6,500 square foot restaurant and meeting
space.)
7. LIVE/WORK RENTALLOFT APARTMENT REQUIREMENTS
Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be required
to ensure that the live/work rental loft apartment complex shall not be converted to condominium
units in the future, and shall adhere to the loft-style studio andone-bedroom units per the approved
site and floor plans. The covenant shall contain a provision that it maynot be modifiedwithout
the express written approval of the City.
8. RETAIL CONDOMINIUM OWNERSHIP REQUIREMENTS (PARCEL 5)
The developer shall construct no more than one retail condominium adjacent to the rental market
rate loft apartments. This retail condominium shall be owned by the same ownership as therest of
the retail on Retail Parcel 1 and not be soldseparately.
9. MAXIMUM PERCENTAGE OF RESTAURANTS
The maximum square footage of food service uses permitted within the retail space of the mixed-
use development shall not be more than 40% of the total retail square footage of 130,500 square
feet (or a maximum of 52,600 square feet of restaurant uses) based upon the approved
development plan dated August 15, 2012 in accordance with the Main Street Cupertino — Revised
Proposed Project Analysis report as Appendix A in the Second Addendum to the Final Certified
2009 EIR prepared by Fehr and Peers. Any future refinements tothe restaurant percentage may be
approved by the Director of Community Development if a subsequent parking and traffic analysis
indicates that thereis adequate parking for the various mixtures of uses and there are no additional
and/or new significant traffic impacts compared to thresholdsstudied in the original 2009
EnvironmentalImpact Report and 2012 Addendum.
10. TENTATIVE MAP
Approval of a TentativeMap is granted to subdivide the property froin three parcels into six
parcels per Pages TM-1 through TM-8 as follows:
a. Parcel 1 — 11 acres for the retailbuildings, park and town square
b. Parcel2— 1.5 acres for the office building on the corner
c. Parcel 3 — 1.5 acres for the officebuilding along Vallco Parkway
d. Parcel4— 1.5 acres for the hotel
e. Parcel 5 -1.5 acres for the live/work loft apartment buildingwith a 9,146 square foot two-unit
retail condominium parcel
f. Parcel6— 1.5 acres for the CommonArea Parcel for the benefit of Parcels 1 through 4.
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Resolution No.12-098
Restrictions and requirements for the shared use of the parking garage to accommodate the retail,
hotel and office uses within the development site shall be included within the CC&Rs.
11. VACATION OF FINCH AVENUE
The vacation of Finch Avenue is necessaryto support this development. The vacation will be
processed according toprocedures set by the Streets and Highways Code and the Municipal
Code. A bond will be required prior to issuance of permits for street modifications that will
allow Finch Avenue to be reverted back to a standard City street in the case that the
construction of the project is not completed. The Developer shall install and complete the
street modifications within two (2) years of approval of the Final Map, or such longerperiod as
may be specifically authorized in writing by the City Engineer. Public access easements, for
bothvehicular and pedestrian travel, will be provided across the improved site, to link Stevens
Creek Boulevard with Vallco Parkway, as well as provide public access tothe park and the
town center" plaza area. Failure to complete the improvements within the specified time will
result in the reversion of Finch Avenue to a standard City street and the ownership of the
former Finch Avenue right-of-way shall revertback to the City. The reversion of Finch Avenue
backto a City street shall be subject to approval by the City Attorney and Director of Public
Works.
12. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record a deed restriction for necessary reciprocal ingress and egress easements
between each lot created by the newdevelopment. The applicant shall also record appropriate
deed restrictions for necessary reciprocal ingress and egress easements between the adjacent
properties to the west, tobe implemented at such time that the City can require the same of
adjacent property owners. These reciprocal ingress and egress easements between each lot and
betweenadjacent properties to the west shall also be recorded onthe Final Map. The easement
language shall be reviewed and approved by the City Attorney and the Director of PublicWorks.
The covenant of easeinent shall be recorded prior to final map approval. The deed restrictions
shall contain a provision that it may not be modified without the prior express written approval of
the City.
13. PUBLIC PEDESTRIAN EASEMENT
Public access pedestrian easements through the interior sidewalks, pedestrian paths and plazas, the
town square, and park area shall be required and recorded on the final map as noted in the
tentative mapplans C0.0 — C6.5. The easement language shall be reviewed and approved by the
City Attorney and Director of Public Works prior to recordation of the easement on the project site
with the final map approval. The final map will include Public Pedestrian Easeinents, though the
CC&R's will includeadditional restrictions/guidelines on the usage of the Public Pedestrian
Easements.
14. COVENANTS, CONDITIONS AND RESTRICTIONS
The project CC&Rs shall be reviewed and approved by the City Attorney prior to recordation with
the final map approval. The CC&Rs shall incorporate requirements pertaining to the public access
easements, reciprocal ingress/egress easeinents, public pedestrian easeinents, shared parking,
maintenance and operation of common areas including but not liinited to public access to the park
and Town Square, and joint use agreements for the town square and park. The CC&Rs shall also
incorporate the Maintenance Agreement addressingthe maintenance of the park, town square,
sidewalks, shared driveways by the property owners of each of the lots, and landscaped park strips
along Vallco Parkway, N. Tantau Avenue andStevens Creek Boulevard adjacent to the subject
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Resolution No.12-098
site. The conditions of approval for the project shall also be recorded on the properties and
incorporated into the CC&Rs. No changes may be made tothe CC&Rs without the City Attorney's
review and approval. The deed restrictions shall contain a provision that it maynot be modified
without the prior express written approval of the City.
15. JOINT USE AGREEMENT
Prior to recordation of the final map, the applicant shall submit a joint use agreement between the
City and the applicant to be reviewed by the City Attorney and the Director of Parks and
Recreation, and approved by the City Council, which permits the City to use the town squareand
park area for public use for community events or other similar City-approved events oractivities,
such as, but not be limited to a farmers' market, holiday activities, and summer events. The joint
use agreement shall be recorded and incorporated by reference into the Covenants, Conditions and
Restrictions (CC&Rs) of the project site. The Joint Use Agreement shall include provisions for
maintenance of the park and town square.
The joint use agreement shall govern the public use, programming, public access and percentage
of time available for the allowable public activities and events for which the town square and park
may beused. The agreement shall also requireavailable publicly identifiable restroom facilities
for public use during normal business hours. No structures will be constructed on the town square
area without the prior approval of the City of Cupertino, other than the retail pad structure(s)
approved in accordance with the Master Use Permit. The programmingprovisions of the joint use
agreement shall be administered between the applicant and the Parks and Recreation Department
and the document approved by the City Attorney. The Joint Use Agreeinent shall contain a
provision that it may not be modified without the express written approval of the City.
16. MAINTENANCE AGREEMENT
Applicant shall enter into a Maintenance Agreement that addresses the inaintenance of the park,
town square, sidewalks, shared driveways by the property owners of each of the lots, and
landscaped park strips along Vallco Parkway, N. Tantau Avenue andStevens Creek Boulevard
directly adjacentto the subject project site. The Maintenance Agreeinent shall be part of the
Covenants, Codes and Restrictions of the proj ect and shall be reviewed and approved by the City
Attorney prior to approval of the final map. The Maintenance Agreeinent shall contain a provision
that they inay not be modifiedwithout the express written approval of the City.
17. GROUND FLOOR RETAIL
Prior to issuance of building permits, the applicant shalldemonstrate the ground floor retail
functionality for buildings proposed at heights over 45 feet in accordance with the City's General
Plan, to the satisfaction of the Director of Cominunity Development. The ground floor retail shall
be connected to the building and be of substantial and appropriate size to accoinmodate the
functionality of retail uses. The building frontages of allbuildings facing the town square, except
for the hotel shall have ground floor retail. However, the hotelmust provide activeground floor
uses facing the town square.
18. PARKING GARAGE ON THECOMMON AREA PARCEL (OWNERSHIP AND RETAIL
PORTION)
The five-level above ground parking garage with two levels of below ground parking shall not be
sold separately from the other parcels in the project. It shall be held as a cominon area parcel.
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Resolution No.12-098
Free parking shall be provided in the parking garage and on the surface parking spaces for the
retail and office uses. However, the hotel may charge parking fees for its customers to park in the
parking garage.
The retailincubator buildings on the south side of the parking garage serving Parcels 1 though 4
shall be physically connected tothe parking garage in order to satisfy the GeneralPlan height
requirement for buildings over 45 feet and under 60 feet.
19. DISCLOSURE CLAUSETO THE FUTURE PROPERTY OWNERS
The applicant/developer shall inform the future owners through the Covenants, Conditions and
Restrictions (CC&Rs) as well as other documentation of the surrounding projects and that the
development site is under a Cupertino Planned Developmentzoning. Property purchaser shall
check with the City to determine the specificrestrictions under the Planned Development zone and
related permits. The CC&Rlanguage incorporating this requirement shall be reviewed and
approved by the City prior to issuance of building permits.
20. BELOW MARKET RATE HOUSINGPROGRAM
Forresidentialunits, the applicant shall comply with the requireinents in the City's BelowMarket
Rate (BMR) Housingprogram. For alternatives to these requirements, the applicant may request
the Housing Commission to recommend alternatives to the City Council to meet these
requirements. For dedication of any housingunits at below market rates, the applicant shall record
a covenant, which shall be subject to review and approval by the City Attorney, to be recorded
prior to issuance of building permits for the planned senior housing building. BMR fees shall be
paid prior to issuance of building permits.
21. HOUSING MITIGATION FEES
Prior to issuance of building permits, the applicant shall provide the requiredhousing mitigation
fees for the commercial, office and hotel development on the project site.
22. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 30 days perreservation.
23. 2012 ADDENDUM AND SECOND ADDENDUM TO THE PREVIOUSLY-APPROVED
EIR AND THE MITIGATION MONITORING ANDREPORTING PROGRAM
The project shall implement all of the mitigation measures identified in the Mitigation Monitoring
and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as
modified by the 2012 Addendum to the Final EIR as updatedon May 4, 2012 and the Second
Addendum tothe Final EIR dated August 2012.
24. DEVELOPMENT ALLOCATION
Use 2009 Master Approved Modification to Approved 2012 Modified Master
Use Permit the Development Plan Use Permit Additional
Allocations Allocations Needed
Granted O tion A(1)-2
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Resolution No.12-098
Retail Upto 150,000 s Up to 130,500 square feet. Noadditional allocation is needed
from the Vallco
Park South retail
commercial
allocation
Office 100,000 sf from 260,000 sf 160,000 sf additional from the
the N. De Anza unrestricted office allocation
Boulevard office availableper condition no. 4. The
allocation applicant may not use any
allocation from the Major
Companies office allocation.
Hotel Up to 250 rooms 180 rooms Noadditional allocation needed
from the
Citywide Hotel
allocation
Housing 160 units from 120 live/work loft apartment Noadditional allocation needed
the Vallco Park housing units
South residential
allocation
The applicant shall receive an allocation of up to 130,500 square feet of retail commercial square
footage from the Vallco Park South retail commercial allocation area; 120 live/work loft
apartment housingunits from the Vallco Park South residential allocation; 180 hotel rooms from
the Citywide Hotelallocation; and 260,000 square feet from the unrestricted office allocation
available citywide (except from the Vallco Park Northoffice allocation area).
25. CONSTRUCTION PROJECT PHASING ANDPARK BOND
Prior to issuance of grading and/or building pennits, the applicant shall prepare a construction
phasing schedule, and shalldemonstrate completion of the project based on the project expiration
date. The construction phasing schedule shall detail critical milestones of the construction.
Critical milestones of the construction shall include butnot be limited to the following:
The entire project shall be constructed in one phase (Phase I) andthe Modification to the Master
Use Permit shall expire within three (3) years from the date of thisapproval. Building permits for
allbuildings shall be filed and accepted by the City, and the permit shall be used (substantial and
continuous activity has taken place) prior tothe expiration of the Modification to the Master Use
Permit.
A performancebond for the park construction (not less than $L 125 million) shall be required in
Phase I. The applicant shall work with staff onthe appropriate tiining for acceptance of the
performancebond and completion of the park. If the park is not coinpleted to the satisfaction of
the City within three (3) years from thedate of approval of the permit, the City shall have the
option of calling in the bond and constructing the park.
A. Prior to granting a certificate of occupancy for the first of the hotelor office buildings, the
Town Square, street and sidewalk improvements along FinchAvenueloop and the street and
sidewalk improvements alongthe interior roadway connecting Finch Avenueloop to the office
parcelshall be coinpleted to the satisfaction of the City.
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Resolution No.12-098
B. Prior to granting a certificate of occupancy for the second of the hotel or office buildings,
certificates of completion for shell, core, exterior facadesand related landscaping and
improvements shall be obtained for at least 50% of the retail approved for the project.
C. Prior to granting a certificate of occupancy for the third of the hotel or office buildings,
certificates of completion for shell, core, exterior facadesand relatedlandscaping and
improvements shall be obtained for all the retailbuildings.
D. Prior togranting a certificate of occupancy for the live/work loft and retail building, the park
shall be completed to the satisfaction of tlle City.
26. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited tothe dry season (April 15 to October 15) unless otherwise
approved by the Director of Public Works. Grading hours shall be limited to Monday through
Friday, 7a.m. to 8 p.m. Grading, street construction, demolition or underground utility work shall
not occur on Saturdays, Sundays and holidays, and during the nighttime period as defined in
Section 10.48.053(b) of the Municipal Code. Construction activities shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9a.m. to 6 p.m. Construction activities
are not allowed on holidays. The developer shall be responsible for educating all contractors and
subcontractors of said constructionrestrictions. Rules and regulation pertaining to all construction
activities and limitations identified in this permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominentlocation at the
entrance to the job site. The applicant shall comply with the above grading and constructionhour
requirements unless otherwise indicated in the mitigation ineasures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modified by the2012 Addendum to the Final EIR.
27. PARHING
The applicant shall provide the following number of parking spaces based upon the developinent
plan dated August 15, 2012 (dated received on August 28, 2012), with the following additional
requirements:
i) 32 additional parking spaces onsite (either in the shared parking garage or surface parking,
including 12 additional parking spaces by providing angled parking along the south side of
the plaza near the retail Shop 5 building and Pad 3 building. This balance is based upon the
difference betweenthe City's unshared parking rate required for the hotel, retail and office
buildings (1,769 spaces), credit of 42 on-street parking spaces along Vallco Parkway, and
the applicant's proposal for the hotel, retail and office parking (1,695 spaces). (1,769—42
1,695 = 32spaces) The applicant shall work with staff to incorporate the additional
spaces on site that may includeenlarging the parking garage by extending the upper story
over the alley east of the garage. and
ii) 12 additional underground parking spaces in the underground parking garage (increasing
parking to 1.8 spaces per unit for a total of 216 parking spaces for the live/work rental loft
apartment). Additionally, the applicant shall provide at least one assignedand reserved
parking space per unit at all times.
iii) Provide the 85 angled parking spaces and street iinprovements along the south side of
Vallco Parkway along the project frontage as approved in 2009 in association with this
project, until such time in the future the City decides to modify the parking and street
improveinents along Vallco Parkway.
9
Resolution No.12-098
Theapplicant shall also comply with the swales and permeable surfaces requirement of the City's
Parking Regulations. Adjustments to the parking plan may be permitted based on the final
approved tenanting and land use program as long as there are no additional parking and traffic
impacts as determined by the Director of Community Development and the parking analyses in
the Second Addendum.
A parking management plan that describes the parking system used by the retail, hotel and office
uses shall be submitted for review and approval by the Community Development Director. The
applicant shall provide an updated plan for any tenant changes that result in changes to the parking
requirements.
28. BICYCLE PARHING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's ParkingRegulations under Chapter 19.124 of the Cupertino Municipal Code.
29. PARHING LOT LIGHTING
Lighting in the parking lots shall be approved by the Director of Community Development for
compliance with applicable regulations prior to issuance of building permits.
30. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for full
conformance with the Master Use Permit approval and the Architectural and Site Approval for
each building prior to issuance of building permits for each building.
31. SIDEWALKS/CROSSWALKS
A. The final sidewalk/street frontageplan shall be required to be reviewed and approved by the
City prior tothe final map, and shallmatch the guidelines of the South Vallco Master Plan and
be consistent with the sidewalk/street frontage plan for the adjacent Rosebowl inixed use
development.
B. The applicant shall provide decorative crosswalks with colored and/or stainpedasphalt
pavement across Vallco Parkway, N. Tantau Avenue and Stevens Creek Boulevard. The
decorativepaveinent materials shall be reviewed and approved by the Director of Community
Development and the Public Works Department, and shall be consistent with the
recoinmendation of the traffic analysis prepared by Fehr and Peers in the Transportation
Impact Analysis dated September 5, 2008 on p. 48.
32. SIGNAGE
Signageis not approved with this application. Signage shall conform tothe City's Sign Ordinance,
Heart of the City Specific Plan and South Vallco Master Plan. Prior to final occupancy and
approval of any individual signs on site, a detailedinaster sign program shall be subinitted for
review and approval in accordance with the City's Sign Ordinance.
33. ARCHITECTURAL AND SITE APPROVAL
A. The buildings, site development and architecture shall substantially confonn to the site plan,
elevations and details as shown in the approved exhibits, unless otherwise noted below. Prior
to issuance of building permits, the applicant shall be required to obtain approval of a separate
Architectural and Site Approval application for each of the buildingsby the Design Review
Committee; each Architectural and Site Approval application shall provide a detailed site plan,
10
Resolution No.12-098
full elevations (all four sides), floor plans and any other details as required for Architectural
and Site Approval applications. Building colors and materialsshall be reviewed and approved
in conjunction with the Architectural and Site Approval. Minor amendments to approved
Architectural and Site Approvals for buildings and/or the site plan, including minor changes to
the layout of the site plan, building forms and building sizes, may be reviewed and approved
by the Director of Community Development.
B. The applicant shall provide the following additional modifications and enhancementstothe
plan prior toissuance of building permits (including recommendations referenced by the
City's Architectural Advisor on February 20, 2012 in Attachment 11 & 16 or as amended by
the PlanningCommission):
1. Town Square
a. The town square area shall be designed as a "flexible" public space that may be expanded
or shifted by the temporary closure of one or more of the surrounding publicly accessible
streets. Provide additional landscaping in the square.
b. In order to allow for a seamless expansion or shifting of the future pedestrian activities, the
town square area will be developed tobe flush with the grade of the surrounding street
system. The Director of Community Developmentmay approve other similar details
deemedto be consistent with the intent of this condition.
c. The applicant shall provide decorative semi-pervious pavements or similar treatments in
the town squareand plaza areas to the satisfaction of the Director of Community
Development.
d. Parking on the circular street system shall be delineated by decorative semi-pervious
paving or other similar treatments as deemed to be appropriate by the Director of
Community Development.
e. Final design and landscape of the town square area shall be reviewed and approved by the
Director of Community Development.
f. Temporary closure of any portion of the private drive streets, including methods used to
temporarily closethe street(s), will require approval from the Director of Public Works.
2. Office Buildin s
Architectural enhancementsto the building shall be incorporated including the following:
a. Enhance tower entry features with details and design features (particularly the central
tower entryfacing Stevens Creek Boulevard) and project the towers out and upward
from the main bulk of the building.
b. Provide prominent architectural design enhancements to emphasize the importance of
this corner as the eastern gateway entry to the City, including identifiable street
frontage public entrances along Stevens Creek Boulevard and N. Tantau Avenue, glass
store fronts and corner site features.
c. Provide horizontal eleinents to the building design to reducethe verticality of the
building frontages along Stevens Creek Boulevard and N. Tantau Avenue.
d. Provide deep recessed windows.
e. Unify the variety of building fonns with more closely related and toned down color
tones.
11
Resolution No.12-098
f. Add ground floor space as an "arcade-like" elementalong Stevens Creek Boulevard
and around the corners at the easterly Main Street drive entry and a N. Tantau.
3. Hotel
a. The Architectural and Site Approval application for the design of the interior and exterior
of the hotel must returnback to the City Council for review and approval.
b. The exterior architectural design of the hotel shall be of the same quality and design
standard as the example provided by the applicant of the Marriott Residence Inn in the
Gaslamp district of San Diego.
c. Provide additional variationin height and wall articulations, such as larger roof eave
overhangs with additional fa ade depth and architectural detail and variety in roof eave
heights, to minimize the verticality, bulk and box-like shape of the building.
d. Enhance architectural detailing onthe building that is in scale with the building.
e. Provide deep recessed windows to provide depth to the building fa ade.
f. Increase the horizontal elements of the fa ade.
g. Add patio space (seating) at the corner of Vallco Parkway and FinchAvenue to enliven the
streetscapeand entry to the site.
h. Provide additional architectural pedestrian-scale detailing of the ground floor treatment of
the building, including along town square, Vallco Parkway, and the pedestrian area leading
to the garage.
i. Tone down the contrast in exterior colors and provide colorsthat will complement the
colors used within the development.
j. Provide an outdoor dining terrace along the frontages of the restaurant facing town square.
4. Retail Buildings
a. Revise the architectural design of the retail pad building(s) in town square from an agrarian
look to a park pavilion/kiosk style architecture with greater storefront glazing and
sophistication.
b. Provide active storefront pedestrian entrieson allretail shops facing Stevens Creek
Boulevard.
c. Provide specialdesign treatments between retail Shops 7 and 8 buildings to lead
pedestrians/customers between the park and the town square.
d. Bring the Shops 4, 5 and 6 buildings closer to the southeast and southwest corners of the
main entryway from Stevens Creek Boulevard.
5. Auto Court/Parking Garage
The parking garage shall provide architectural details and provide features along the ground
floor facing Vallco Parkway to promote pedestrian orientation along the street.
6. Street Furniture
The applicant shall provide street furniture and pedestrianamenitiesalong Stevens Creek
Boulevard and Vallco Parkway. Prior to the issuance of building permits for Phase 1 of the
project, the street furniture shall be reviewed and approved by the Design Review Cominittee.
7. Rental Live/Work Apartment Loft Buildin
a. Add a distinctive five-story high corner feature that provide a distinctive edge and corner to
thesoutheast corner of the building abovethe ground floor retail uses; otherwise, there will
be an awkward four-story high gap at this corner.
12
Resolution No.12-098
b. Provide design articulation on the wall on the southwest corner of the building above the
trash enclosure. The ground floor trashenclosure on this corner facing the town square
needs to be properly screened and providearchitecturally enhanced.
c. The hallways appeartobe long and narrow and should be enhanced with widened similar to
hotel corridors.
d. Please clarify if the parking garageand the courtyard will be open or be secured.
e. The upper level plans need to clarify if there will be open views to the interior courtyard.
f. Plans should clarify where the windows or natural ventilationfor the units will be provided
on upper floor units.
g. Please clarify if the upper floor corridors open or enclosed along thesouthern side of the
building.
h. Please provide end cap/corner featuresto the building. Without these corner end caps, the
length and inassing of the building isemphasized.
i. Provide balcony openings for the units to bring residential presence to the street level.
Balconies should be more transparent facing the town square.
j. Enhance the ground floor treatment on the southwest corner (where thetrashenclosure is
proposed) to provide a focal point from the north-south walkway.
k. Confirm the height of the building since it may not exceed 60 feet per the City's General
Plan.
1. The top of the buildings need tobe enhanced with stronger tops.
m. Windows should be deep set to enhance the elevations.
8. Site Plan and Surface Parkin Lot
a. Provide angled parking along the north side of the plaza between the retail Shop 5 building
and retail Pad 3 building rather than parallel parking to gain additional parking spaces, and
to provide more easily accessible parking.
b. Modify the view to the rear of the parking cars from the loop drivewaylooking south
towards the retail Shop 6 building.
c. Modify the site plan to accurately identify the landscaped areas as green and a different
color for thehardscaped/non-landscaped areas.
d. Provide a single-wide crosswalk betweenthe incubatorretail buildings and the retail Pad 3
building in the privateroadway.
e. Modify the main driveway entrance to fix the awkward andsharp lane transition from
Stevens Creek Boulevard.
9. Parking Gara e and Attached Retail/Incubator Space
a. Provide left and right turn lanes from the eastern driveway entrance to the parking garage
along Vallco Parkway to avoid back-ups onto the street.
b. Consider an alternate more convenienthotel valet access to thegarage
34. GATEWAY ENTRY
The applicant shall be required to construct and install a gateway entry feature onthe northwest
corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent with the policies
of the General Plan and South Vallco Master Plan. The gateway entry featureshall be a prominent
design that may fulfill the public art requirement and could include a decorative inonument feature
that spans over Stevens Creek Boulevard, or vertical structural elements on both sides of Stevens
Creek Boulevard and on the median toannounce entry. Also, this corner shall include a
cominunity banner andenhanced pedestrian crossingsthat inay include crosswalk lighting, special
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Resolution No.12-098
paving materials and/orprominent art orarchitectural feature announcing the entry to the City,
such as a wrought iron element, subject to review and approval by the City Council.
35. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plans to be reviewed and approved by
the Director of Community Development prior to issuance of building permits for the building,
portion of development, and/or phase of development for which building permit applications have
been submitted. The landscape plan shall provide the followingprior to issuance of building
permits:
A. Water conservation and pesticide reduction ineasures and requirements in conformance with
Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter
9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
B. Afull landscape proj ect submittal per section 14.15.040 of the LandscapingOrdinance. The
Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water BudgetCalculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building permits.
C. Landscaping along Stevens Creek Boulevard and N. Tantau Avenue in accordance with the
streetscape design requirements of the Heart of the City Specific Plan.
D. Planting of two specimen oak trees flanking the driveway entrances to the developmentalong
Stevens Creek Boulevard as replacements for the removal of the existing dead specimenoak
tree.
E. Existing and Ash trees along Vallco Parkway shall be retained tothe maximum possible as
determined by the City Arborist.
36. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional after
the landscaping and irrigation system have been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray orrun-off that
causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
37. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Developmentor hislher designee, either with the
landscape application package, with thelandscape installation report, or any time before the
landscape installation report is submitted.
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Resolution No.12-098
a) Schedules should take into account water requirements for the plant establishment period and
waterrequirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control;
and removing obstructionsto emission devices.
c) Failed plantsshall be replaced with the same or functionally equivalent plantsthat may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control orother factors as recoinmended by a landscaping professional.
38. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic inatter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water efficiency
of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape and
irrigation design plans in a timely manner either before or during the design process. A copy of the
soilsanalysis report shall be subinitted tothe Director of Community Development as part of the
landscape documentation package.
39. LANDSCAPEAND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a
formal written landscape maintenanceagreeinent with the City. The City shall record this
agreement, againstthe property or properties involved, with the County of Santa Clara Recorder's
Office and it shall be binding on all subsequent owners of land served by the proposed landscape.
The landscape maintenance agreement shall require that inodifications and maintenance activities
not alter the level of water efficiency of the landscape from its original design, unless approved by
the City prior tothe cominencement of the proposed modification or maintenance activity.
40. TREE REMOVAL
A. The applicant is approved to remove a total of 61 trees and relocate 17 trees on site in
accordance with the City Arborist's report prepared by David Babby and dated April 30, 2008.
Although the applicant is requestingapproval to remove these trees in accordance with the
City Arborist's recommendation, the intent is toretain as many of the existing perimeter street
trees for the remaining life of such trees where they are not considered dead or do notrequire
iininediate removal.
B. The applicant shall be required to replace the Aleppo Pine tree (Tree No. 113) that was
removed in accordance with the City's Protected Trees Ordinance (Chapter 14.18 of the
Cupertino Municipal Code).
C. For any trees that are removed due to hazardous conditions, are considered dead, or die as a
result of relocation, the applicant shall be required to obtain a tree reinoval permit and replace
thesetrees in accordance with the City's Protected Trees Ordinance.
D. For any trees that requireremoval due to construction plan drawing changesand/or
construction activity, the applicant shall obtain a tree removal permit in accordance with the
Protected Trees Ordinance.
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Resolution No.12-098
E. The Director of Community Developmentmay review and approve further refinements to the
tree removal and planting plan basedon the approved final land use program for the center
provided that there are no significant environmental or visual impacts.
41. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the Director of
Community Development in accordance with the City's Protected Trees Ordinance. The applicant
may be able to reduce the number of replacement trees onsite, if larger size trees are proposed, in
accordance with the tree replacement standards of the ordinance. For any additional trees that are
reinoved due to hazardous conditions or are considered dead, the applicant shall be required to
obtain a tree removal permit and replace these trees in accordance with the Protected Trees
Ordinance. Speciesand size of replacement trees shall be reviewed and approved by the
Community Development Director.
42. TREE PROTECTION
As part of the building permit drawings, a tree protection plan shall be prepared by a certified
arborist for the trees to be retained. The applicant shall be required to install tree protection
measures before and during development in accordance with the City Arborist's report dated April
30, 2008, and in accordance with requirements of the Public Works Department for the
preservation of existing street trees. In addition, the following measures shall beadded tothe
protection plan:
A. For trees to be retained, chain link fencing and other root protection shall be installed around
the dripline of thetree prior to any project site work.
B. Noparking or vehicle parking shall be allowed under root zones, unless using buffers
approved by the project arborist.
C. Notrenching within the critical root zone area is allowed. If trenching is needed in the vicinity
of trees to be retained, the CityArborist shall be consulted before any trenching or root cutting
beneaththe dripline of the tree.
D. Tree protection conditions shall be posted on the tree protection barriers.
E. Retained trees shall be watered to maintain them in good health.
43. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in an ainount detennined by the City Arborist to
ensure protection of trees slated for preservation prior to issuance of grading, demolition or
building permits. The bondshall be returned after coinpletion of construction, subject to a letter
from the City Arborist indicating that the trees are in good condition.
44. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee in accordance with the City's Protected Trees Ordinance for
any trees that cannot be replacedonsite.
45. HEART OF THE CITY DESIGN GUIDELINES
A. The project shall comply with the Heart of the City Specific Plan developinent standardsand
design guidelines in effect at the time of project approval.
B. If any portions of the buildings on the Master Use Permit site plan do not ineet the miniinuin
setbacks perthe Heart of the City Specific Plan, the applicant inust either inodify the building
setback orobtainapproval of an Exceptionapplication tothe Heart of the City Specific Plan.
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Resolution No.12-098
46. SOUTH VALLCO MASTER PLAN
The project shall comply with the South Vallco Master Plan. Prior to release of building permits
for Phase 1 of the project, the final boulevard plan along Vallco Parkway shall be reviewed and
approved by the Director of Community Development. The applicant shallmake reasonable
efforts to contact adjacent property owners to show improvement plans including, but not limited
to the specific lighting, sidewalk furniture, and landscaping treatmentsto be consistent with the
vision of the South Vallco Master Plan.
47. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute an amount not to exceed $65,000to the improvements of a trail
connectionalong Calabazas Creek from Vallco Parkway toI-280. This contribution shall be used
by the City to administer a creek trail plan and necessary approvals and improvements. If this
fund is not used within five years of the project completion, then it shall be returned to the
applicant.
48. PARK AREA ALONG METROPOLITAN
A approximately 0.55 acre park area shall be maintained along the western property line adjacent
to the Metropolitan mixed-use development. A miniinum 20-foot wide landscape buffer shall be
provided along the western property line adjacent tothe Metropolitan mixed-use development; the
landscape buffer shallbe included in the acreage of the park. The design of the park area shall
include but not be limited to passive recreation apparatuses, such as a tot lot and sitting areas. The
Parks and Recreation Commission shall review the park design and shall refer its recommendation
to the City Council for review and approval. The linear green space park buffer parallel to the
eastern property line of the Metropolitan mixed use development shall be installed prior to
issuance of building occupancy of any building constructed adjacent to this property line.
49. SECURITY PLAN FOR PARHING GARAGE
The applicant shall develop a coinprehensive private security plan for the entire development
encompassing patrol hours, inanning levels and frequency, closed circuit cameras in the parking
garage, and adequate lighting levels. The plan shall be prepared by the applicant and approved by
the Sherif s Department prior to final occupancy.
50. PARHING GARAGE NOISE MITIGATION
The parking garage floors shall be treated/coated with materials as deemed appropriate by the City
to lessen the noise impacts of vehicle movements.
51. RESTAURANT ODOR ABATEMENT
All restaurants shall install odor abateinent systems to be incorporated into the air handling
systems to reduce the odor impact from the restaurants tothe adjacent community. Detailed plans
shall be reviewed and approved by the Coinmunity DevelopmentDepartinent prior to issuance of
building permits.
52. SCREENING
All mechanical and other equipment on the buildings and site shall bescreened so they are not
visible from public street areas or adjoining developments. Screening materials/colorsshallmatch
building features and materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Coinmunity Development prior to
issuance of building permits.
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Resolution No.12-098
53. TRASH AND DELIVERY ACTIVITIES
A detailedrefuge and truck delivery plan must be prepared by the applicant. The plan shall specify
locations of trash facilities, refuge pick up schedules and truck delivery schedulesand routes. All
trash facilities must bescreened and enclosed to the satisfaction of the Public Works Department.
The final plan shall be submitted to the Cityfor review and approval prior to issuance of building
permits.
All deliveries shall comply with the mitigation measures providedin the Mitigation Monitoring
and Reporting Program prepared by David J. Powers and Associates dated January 2009, except
as inay be modified by the 2012 Addendum to the Final Environmental Impact Report (EIR).
54. CONSTRUCTION MANAGEMENT MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and Public Works) to
review the applicant-prepared construction management plan.
55. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits. During Phase 1 and 2 of the construction, staging of construction and
equipment shall occur as far away from any residential property as possible. The applicant shall
also provide a construction manager hotline phone nuinber for residents of the adjacent
Metropolitan condominium complex to call for construction related activities on the project site.
The hotline number shall also be postedonthe project site and at the Metropolitan condominium
complex. Said construction management plan shall also provide the following:
A. Construction Vehicle Access and Routing
B. Construction Equipment Staging Area
C. Dust Control (Best Management Practices)
D. Hours of Operation
E. Street Cleaning Schedule and Program
56. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for
the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and inore often during windy periods to
prevent visible dust from leaving thesite; active areas adjacent to windy periods; active areas
adjacent to existing land uses shall be kept damp at all tiines, or shall be treated with non-toxic
stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand and other loose inaterialsor require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, apply water at leastthree tiines daily, or apply (non-toxic) soilstabilizers on all unpaved
access roads, parking areas and staging areas at construction site.
d) Sweep streets daily, or more often if necessary (with water sweepers) if visible soil inaterial is
carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best managementpractices into the
building permit plan set.
The applicant shall comply with the abovedust control requirements unless otherwise
indicated in the initigation measures identified in the Mitigation Monitoring and Reporting
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Resolution No.12-098
Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as modified by
the2012 Addendum to the Final EIR.
57. NOISE MITIGATION
The project and retail operationsshall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC), unless otherwise indicated in the mitigation measures
identified in the Mitigation Monitoring and Reporting Program (MMRP) dated March 2012 as
identified in the 2009 Final EIR and as modifiedby the 2012 Addendum to the Final EIR. In
addition, the following mitigation measures shall be taken in orderto reduce noise event iinpacts
to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Constructionequipinent shall be have quiet design features, be well-inaintained, and have a
high quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipmentthat produces
excessive noise at nearby receptors.
d) Unnecessary idling of machines when not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall beused to reduce operating noise.
58. GREEN BUILDING
The applicant shall obtain LEED certification designation for the hotel, office and loft residential
rental housing buildings in accordance with the U.S. Green Building Council standards and the
City's Green Building policies. The applicant shall also design the athletic club (if developed) and
retailbuildings to LEED certification standards, but will not be required to certify these buildings
as LEED certified. The applicant shall also provide solar hot waterheating for any pools provided
onthe project site.
59. TRANSPORTATIONDEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand manageinent (TDM) plan
incorporating solutions as indicated in the mitigation ineasures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modifiedby the2012 Addendum to the Final EIR, that inay includeparking cash-out
and ecopasses for employees, valet for custoiners and off-site parking options. The TDM plan
including the projected funding shall be reviewed and approved by the Director of Community
Developinent Director prior to issuance of building permits.
60. UTILITY STRUCTURES
All new utility structures shall be located underground or screened froin publicview tothe
satisfaction of the Director of Community Development and Public Works.
61. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the inaximum extent feasible
subjectto the Building Official and shall meetthe mandatory requireinents of the Cal Green
Building Code. The applicant shall provide evidence that inaterials will be recycled prior to
issuance of final demolition permits.
62. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard tothe
proposed project for additionalconditions and requireinents. Any inisrepresentation of any
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Resolution No.12-098
submitted data may invalidate an approval by the Community Development Department.
63. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHEREXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and otherexactions. You are hereby
further notified that the 90-day approval period in which youmay protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
64. PUBLIC ART
The applicant shall provide public art in accordance with General Plan policy 2- 66. Public art
shall be installed on the project site prior to final occupancy of the last building completed in the
first phase. The public art shall be valued at a minimum of one-quarter percent(1/4%) of the total
project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed
by the Fine Arts Commission prior to installation of the public art.
65. CIRCULATION PLAN
Prior to issuance of building permits, the applicant shall provide an auto,bike and pedestrian
circulation plan.
66. VALLCO PARKWAY
All on-street parking along Vallco Parkway remains public. The parking spaces along Vallco
Parkway are public parking spaces which shallalways be available to the public. These spaces
cannot be limited to use by patrons or tenants of the Main Street Development. The City may
eliminate some or all of this parking at any tiine at its sole discretion.
67. PARKING CONVERSION FUND
Prior toissuance of any building permit for the project, the applicant shall be required to provide a
parking conversion" fund that will allow the City to convert the angled parking spaces with one
lane of eastbound traffic and a bike lane approved in association with the project along Vallco
Parkway to parallel parking spaces with two lanes of eastbound traffic and a bike lane, if and when
the City desires. Staff will work with the applicant onthe amount to be collected by the applicant.
68. SHERIFF SUBSTATION
The applicant shall add a Sheriffls substationon sitetobe incorporated into the parking garage.
The applicant shall work with staff on the appropriate location andsize of the substation.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
These conditions are not intended to be exhaustive. Additional conditions nay need to be addressed,
prior to issuance of a building permit, based on potential modifications to the site's usage and/or layout.
69. STREET WIDENING
Public street widening and dedications shall be provided in accordance withCity Standards and
specifications and as required by the City Engineer.
70. CURB AND GUTTER IMPROVEMENTS
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Resolution No.12-098
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
71. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
properties, and shall beno higher than the maximum height permitted by thezone in which the
siteis located.
72. FIRE HYDRANT
Firehydrants shall be located as required by the City and Santa Clara County FireDepartment as
needed.
73. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
74. DRAINAGE
Drainage shall be provided tothe satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional stormwater
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), low impact development
facilities, or other approved means, to reducethe amount of runoff from the site and to improve
storm water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes or storage structures) as necessary to avoid an increase of one percent flood water
surface elevation of the culvert to the satisfaction of the City Engineer. Any storm water
overflowsor surface sheeting should be directed away from neighboring private properties and to
the publicright of way as much as reasonably possible. Hydro-inodification measures may be
required as directed by the Municipal Regional Permit.
75. UNDERGROUND UTILITIES
The developer shall comply with the requireinents of the Underground Utilities Ordinance No.
331 and other relatedOrdinances and regulations of the City of Cupertino, and shall coordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider and the City Engineer.
76. IMPROVEMENT AGREEMENT
The project developershall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for under grounding of utilities. Said agreeinentshall be
executed prior to issuance of constructionpermits
Fees:
a. Checking & Inspection Fees: 6% of Off-Site Improvement Cost or
4,101.00 ininimum
b. Grading Pennit: 6% of Site Improvement Cost or
2,387.00 minimum
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Resolution No.12-098
c. Development Maintenance Deposit: 3,000.00
d. Storm Drainage Fee: TBD
e. Power Cost:
f. MapChecking Fees: 8,052.00
g. Park Fees: per Municipal Code
or an equivalent park land dedication)
h. Street Tree By Developer
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% ofOff-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site GradingBond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposedherein lnay be modified at the time of recordation of a final
map or issuance of a building permit in the event of saidchange or changes, the fees changed at
that time will reflect the then current fee schedule.
77. TRANSFORMERS
Electrical transformers, telephone vaults and similar above groundequipment enclosures shall be
screened with fencing and landscaping or located underground such that said equipinent is not
visiblefrompublic street areas. The transformer shall not be located in the front or side building
setback area.
78. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control
Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and
street improvement plans.
79. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Services Coinpany for water service
tothe subject developinent.
80. NPDES CONSTRUCTION GENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) froin the State Water Resources Control
Board, which encompasses preparation of a StonnWater Pollution Prevention Plan (SWPPP), use
of construction Best Manageinent Practices (BMPs) to control stonn water runoff quality, and
BMP inspection and inaintenance.
81. C.3 REOUIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement of
low impact development measures, for storm water treatment, onthe tentative map, unless an
alternativestonn water treatment plan, thatsatisfies C.3 requirements, is approved by the City
Engineer.
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Resolution No.12-098
Thedevelopermust include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of
ongoing operation and maintenance of treatment BMPs are each required.
All storm water management plans are requiredto obtain certification from a City approved third
party reviewer.
82. FULL TRASHCAPTURE SYSTEM
Thedeveloper will be responsible for installing a full trash capturesystem/device tocapturetrash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a singledevice or series of devicesthat traps all particles retained
by a 5 mm mesh screenand has a design treatment capacity of not less thanthepeak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
83. EROSION CONTROL PLAN
Thedeveloper must provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measuresused to retain inaterials on site. Erosion
control notes shall bestated on the plans.
84. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule tothe City to show the timetable for
all grading/erosion control workin conjunction with this project.
85. TRAFFICSIGNALIMPROVEMENTS
Thedevelopershall agree to fund upto $300,000 for the purpose of installing a traffic signal at
Finch Avenue and Vallco Parkway as well as for making traffic signal improveinents at the
Stevens Creek Boulevard and Tantau Ave intersection. The developer shall also submit a bond for
this purpose which will be released 5 years from the date of project occupancy.
86. TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY
The developer shall mitigate for traffic impacts at Vallco Parkway and Wolfe Road by
implementing one of the options stated in the Environmental Impact Report forMain Street
Cupertino per the approval of the City Engineer.
87. TRAFFIC MITIGATION AT HOMESTEAD ROAD & LAWRENCE EXPRESSWAY
The developer shall agree to submit their fair-share cost of up to $400,000 to improve Homestead
Road at Lawrence Expresswayaccording to the direction of the City Engineer. The fair-share
contribution to the County will be dependent onthe ainount of traffic generated by theapproved
Plan. In the event that a Plan is approvedthat has reduced traffic iinpacts, the same formula would
beused (calculating the percentage of traffic the project is adding to total growth between
background and cumulative conditions). The cost shall be submitted to the County of Santa Clara
in the form of a bond or cash deposit prior tothe City issuing building pennits, with the proviso
that the funds be committed to this specific improvement in accordance of section 66000 et. seq.
of the California Government Code.
88. PUBLIC ACCESS EASEMENT
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Resolution No.12-098
The Developer shall provide, to the satisfaction of the City Engineer, a public access easement
across the site, over the park and over the town center. The easement, including for vehicular and
pedestrian travel, shall link Stevens Creek Boulevard with Vallco Parkway, the park and the town
center. Public access easements shall include access for both vehicular and pedestrian travel, and
shall be shown and recorded on the Final Map. All of the internal roadways shall have a public
driving and parking access easement over them. Public access areas maynot be closed off without
theconsent and approval of the PublicWorks Department, and shall be governed by the Joint Use
Agreement recorded within the project's Covenants, Conditions and Restrictions (CC&R's). The
public access easement shall be subject to approval by the City Attorney. The public access
easement shall contain a provision that theymay not be modified without the express written
approval of the City.
89. PEDESTRIAN IMPROVEMENTS
The developer shall provide pedestrian improvements along the property frontage, including
crosswalk improvements at adjoining intersections. Final crosswalk improvement plan shall be
reviewed and approved by the City Engineer.
90. BUS STOP LOCATION
The developer shall improve bus stops on Stevens Creek Boulevard along the project frontage and
the immediate vicinity of the project site to the satisfaction of the City Engineer; this inay include
consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops.
91. TRAFFIC CONTROL PLAN
The developermust submit a traffic control plan by a Registered Traffic Engineer to be approved
by the City. The plan shall include a temporary traffic controlplan for work in the right of way as
well as a routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the City prior to commencement of work. The City has adopted
Manual on UnifonnTraffic Control Devices (MUTCD) standards forall signage and striping
work throughout the City.
92. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
93. TRAFFIC CALMING
The developer shall agree to fund upto $100,000 for thepurpose of mitigating traffic impacts in
the adjacent neighborhoods resulting froin the project for a period of 5 years following project
occupancy. The developer shall submit a bond for this purpose which will bereleased 5 years
froin the date of project occupancy.
94. EMERGENCY VEHICLE PREEMPTION FUND
The Developer is required to pay$15,000.00 to fund three Emergency Vehicle Preemption devices
for traffic signals at the adjacent intersections.
95. BICYCLE PARHING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
96. OPERATIONS & MAINTENANCE AGREEMENT
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ResolutionNo.12-098
The developer shall enter into an Operations & Maintenance Agreeinent with the Cityprior to
final occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
97. TRASH ENCLOSURES
The trashenclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the Public Works Department isneeded prior to obtaining a building
permit.
98. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
99. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by the
City in accordance with Ordinance No. 125.
100.FIRE PROTECTION
Fire sprinklers shall be installed in any new construction tothe approval of the City.
101.SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval beforerecordation of the final map. The developer
shallpay for and obtain Water District permit for activities or modifications within the District
easement or fee right of way or affecting District facilities.
102.STREAMSIDE PERMIT
Prior to issuance of a building pennit, the developer shall provide plans and infonnation that
satisfiesthe requirements of the Stream Side Permit as set forth by the Santa Clara Valley Water
Resources Protection Collaborative. These items include, but are not limited to, topographic
survey, specific measures to protect streains and/or waterbodies from water quality impacts,
coordination with all interested jurisdictional agencies, etc.
103.SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the CupertinoSanitary Districtprior to
issuance of building pennits.
104.SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior toissuance of building permits.
105.UTILITY EASEMENTS
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RESOLUTION NO. 12-098
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A MODIFICATION (M-2012-03) TOA MASTER USE PERMIT (U-2008-01 AND
M-2011-09), ARCHITECTURAL ANDSITE APPROVAL (ASA-2011-24) AND TENTATIVE
MAP (TM-2011-04) FOR A MIXED USE DEVELOPMENT TO ALLOW A HOTEL WITH 180
ROOMS; 130,500 SQUARE FEET OF RETAIL SPACE; 260,000 SQUARE FEET OF OFFICE; A
0.80-ACRE TOWN SQUARE; A 120-UNITL][VE/WORKRENTAL LOFTAPARTMENT
HOUSING COMPLEX WITH AN ATTACHED 9,146 SQUARE FOOT RETAIL
CONDOMINIUMUNIT, AND 216 PARKING SPACES IN THE ATTACHED UNDERGROUND
GARAGE DEDICATED FOR RESIDENTIAL USE; A 5-LEVEL PARKING GARAGE WITH
TWO LEVELS OF UNDERGROUND PARKING; A 0.75 ACRE PARK INCLUSIVE OF THE
PARK AREA AND THE 20-FOOT WIDE LANDSCAPE BUFFER ALONG THE WESTERN
PERIMETER OF THE SITE ADJACENT 'TO THE METROPOLITAN MIXED-USE
DEVELOPMENT; ANDA TOTAL OF 1,769 PARKING SPACES FOR NON-RESIDENTIAL
USES (INCLUDING 42 ON-STREE PARKING SPACES ALONG VALLCO PARKWAY AND
1,727 ON-SITE SPACES) ON AN 18.5 ACRESITE LOCATED ON THE NORTH SIDE OF
STEVENS CREEK BOULEVARD BETWEEN FINCH AVENUE (INCLUDING BOTH SIDES OF
FINCHAVENUE) AND N. TANTAU AVENUE IDENTIFIED BY APNS 316-20-085,316-20-078
AND 316-20-079
SECTION I: PROJECT DESCRIPTION
Application No.:M-2012-03
Applicant:Kevin Dare
Property Owner:500 Forbes, LLC
Location: North of Stevens Creek Boulevard between Finch Avenue (including the both sides
of Finch Avenue) and N. Tantau Avenue, south of Vallco Parkway
APNs 316-20-085, 316-20-078 AND 316-20-079)
SECTION II: FINDINGS
WHEREAS, the City Council of the City of Cupertino received applications for a Modification to a
Master Use Permit, Architectural andSite Approval and TentativeMap, as described in Section I of this
Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance
of the City of Cupertino, and the City Council has held one or more public hearings on this matter; and
WHEREAS, a Second Addendum to the Final Certified 2009 Environmental Impact Report was prepared
to adequately addressthe environmental review o f the proposed applications in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
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Resolution No.12-098
1) The proposed project and use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, orconvenience; and
2) The proposed project and use will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan, the purpose of the Conditional Use PermitsChapter of
the Cupertino Municipal Code, and complies with the California Environmental Quality Act
CEQA); and
3) The proposed project and use is consistent with the zoningregulations andthe South Vallco
Special Center and South Vallco Master Plan; and
4) The proposed project and use is consistent with the Heart of the City Specific Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after carefulconsideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for a Modification tothe Master Use Permit, Architectural and Site Approval and
TentativeMap, is hereby approved, subject to the conditions which are enumerated in this Resolution
beginning on Page 2 thereof; and
That the subconclusionsupon which the findings and conditions specified in thisresolution are based and
contained in the public hearing recordconcerning Application No. M-2012-03 as set forth in the Minutes
of the City CouncilMeeting of September 4, 2012, and are incorporatedby reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on Exhibits titled: "Main Street Cupertino, Sand Hill Property Company,
Cupertino, California" site plan dated August 15, 2012 and dated received August 28, 2012,
Mixed Use Loft plans consisting of pages A1.0, A2.1, A2.2, A2.3, A2.4, A2.5, A2.6, and A3.0,
dated received August 28, 2012, and TentativeMap pages TM-1 through TM-8 dated received
August 28, 2012, except as may be amended by the conditions contained in thisresolution.
2. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from Resolution Nos. 12-054, 12-055 and 12-056, for
applications M-2011-09, ASA-2011-24, and TM-2011-04, shall remain in effect unless superseded
by or in conflictwith subsequent conditions of approval, including the conditions contained herein
in thisresolution.
3. ACCURACY OF THE PROJECT PLANS
The applicant/propertyowner is responsible to verify allpertinent property data including but not
limited to property boundarylocations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidatethis approval and may require additional review.
4. DEVELOPMENTAPPROVAL AND PERMITEXPIRATION
Approval of a Modification to the Master Use Permit is granted based upon thesite plan identified
dated received August 28, 2012 to allow the construction of a hotel with 180 rooms; up to 130,500
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Resolution No.12-098
square feet of retail space; a0.80 acre town square; 260,000 square feet of office space; a 120-unit
market-rate rental live/work loft apartment housing complex with an attached 9,146 square foot
retail condominium unit, and 216 parking spaces (1.8 spaces/unit) in the attached underground
garage dedicated for residential use only; a0.75 acre park inclusive of the park area and the 20-
foot wide landscape buffer along the western perimeter of the site adjacentto the Metropolitan
mixed-use development, a 5-level parking garage with two levels of underground parking; a total
of 1,769 parking spaces for the non-residentiial uses (based on a credit of 42 on-street parking
spaces along Vallco Parkway and 1,727 on-site spaces) ; and a requirement for the ground floor of
the office buildings and market-rate live/work loft apartment housing complex to accommodate
retail components in each building.
The Modification to the Master Use Permit shall expire within three (3) years from the date of this
approval.
With the exception of the residential units and office square feet, all other uses may be subject to
further refinement based on the final approved tenanting and land use plan, provided that there are
no additional environmental impacts, such as traffic and parking, as determinedby the Community
Development Director.
Uses Development Approval
Housing 120 market-rate live/work housing complex
Hotel 180-room hotel
Retail 130,500 square feet
Office 260,000 square feet
Parking 1,985 parking spaces per the City's Unshared Parking Requirement in
the Traffic Impact Analysis (TIA) , Second Addendum dated August
2012 as follows (assuming a count of 1.8 spaces/unitfor the residential
units in-lieu of the standard City requirement of 2 spaces/unit):
1. Residential—216 parking spaces
2. On-street Vallco Parkway—42 spaces
3. Parking garage and surface parking— 1,727 spaces
Parking in the parking garage for the retail, office and hotel uses shall
be in accordance with Condition No. 18.
Publicly 1.55 acres of town square and park area, inclusive of the .20 acres of
Accessible Open the 20-foot wide landscape buffer along the western perimeter of the
Space (Town site (adjacent to the Metropolitan mixed-use development site)
Square and Park)
5. OFFICE DEVELOPMENT ALLOCATION
The applicant is permitted to retain the 100,000 square feet of unrestricted office allocation
received in 2009 from the N. De AnzaBoulevard area in conjunction with the approval for U-
2008-01, and shall additionally receive 160,000 square feet of office allocation from the
unrestricted office allocationfrom other areas in the City, except from the Vallco Park North area,
to provide the applicant with a total of 260,000 square feet of unrestricted office allocation. The
applicant shall not draw office allocation from the Major Companies pool.
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Resolution No.12-098
6. HOTEL OPERATIONS
The hotel shall be permitted to operate as a 24-hour late night business operation and shall provide
a minimum 6,500 square foot restaurant and meeting space area on the ground floor of the hotel
along the Town Square. Any additional or revised uses for the hotel will be reviewed at the time
specific business operation information is provided about these uses todetermine if they are
permitted and will require a separate Use Permit application.
Note: This modifies the Condition No. 5 in the approval dated January 20, 2009) toreplace the
requirement for a 400-person banquet facilitywith a 6,500 square foot restaurant and meeting
space.)
7. LIVE/WORK RENTAL LOFT APARTMENT REQUIREMENTS
Prior to issuance of building permits, a covenant, approved by the City Attorney, shall be required
to ensure that the live/work rental loft apartment complex shall not be convertedto condominium
units in the future, and shall adhere to the loft-style studio andone-bedroomunits per the approved
site and floor plans. Thecovenantshall contain a provision that it may not be modified without
the express written approval of the City.
8. RETAIL CONDOMINIUM OWNERSHIP REQUIREMENTS (PARCEL 5)
Thedevelopershall construct no more than one retail condominium adjacent to the rental market
rate loft apartments. This retail condominium shall be owned by the same ownership as therest of
the retail on Retail Parcel 1 and not be soldseparately.
9. MAXIMUM PERCENTAGE OF RESTAURANTS
The maximum square footage of food service uses permitted within the retail space of the mixed-
use development shall not be more than 40% of the total retail square footage of 130,500 square
feet (or a maximum of 52,600 square feet of restaurant uses) based upon the approved
development plan dated August 15, 2012 in accordance with the Main Street Cupertino — Revised
Proposed Project Analysis report as Appendix A in the Second Addendum to the Final Certified
2009 EIR prepared by Fehr and Peers. Any future refinementsto the restaurant percentage may be
approved by the Director of Community Development if a subsequent parking and traffic analysis
indicates that there is adequate parking for the various mixtures of uses and there are no additional
and/or new significant traffic impacts comparedtothresholds studied in the original 2009
Environmental Impact Report and 2012 Addendum.
10. TENTATIVE MAP
Approval of a TentativeMap is granted to subdivide the property from three parcels into six
parcelsper Pages TM-1 through TM-8 as follows:
a. Parcel 1 — 11 acres for the retail buildings, park and town square
b. Parcel 2— 1.5 acres for the office building on the corner
c. Parcel 3 — 1.5 acres for the officebuilding along Vallco Parkway
d. Parcel 4— 1.5 acres for the hotel
e. Parcel 5 —1.5 acres for the live/work loft apartment building with a 9,146 square foottwo-unit
retail condominium parcel
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Resolution No.12-098
f. Parcel 6— 1.5 acres for the Common Area Parcel for the benefit of Parcels 1 through 4.
Restrictions and requirements for the shared use of the parking garage to accommodate the retail,
hotel and office uses within the development site shall be included within the CC&Rs including
butnot limited to the requirements in Condition No. 18 and conditions related to this and related
project approvals.
11. VACATION OF FINCH AVENUE
The vacation of Finch Avenue is necessary to support this development. The vacation will be
processed according to procedures set by the Streetsand Highways Code andthe Municipal
Code. A bond will be required prior toissuance of permits for street modifications that will
allow FinchAvenue to be reverted back to a standard City street in the case that the
construction of the project is not completed. The Developer shall install and complete the
street modifications within two (2) years of approval of the Final Map, or such longer period as
may be specifically authorized in writing by the City Engineer. Public access easements, for
both vehicular and pedestrian travel, will be provided acrossthe improved site, to link Stevens
Creek Boulevard with Vallco Parkway, as well as provide public access to the park and the
town center" plaza area. Failure to complete the improvements within the specified time will
result in the reversion of Finch Avenue to a standard City street and the ownership of the
former Finch Avenue right-of-way shall revert back to the City. The reversion of FinchAvenue
backto a City street shall be subject to approval by the City Attorney and Director of Public
Works.
12. COVENANT OF RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shallrecord a deed restriction for necessary reciprocal ingress and egress easements
between each lot created by the new development. The applicant shall also recordappropriate
deed restrictions for necessary reciprocal ingress and egress easements between the adjacent
properties to the west, to be implemented at such time that the City can require the same of
adjacent property owners. These reciprocal ingress and egress easements between each lot and
between adjacent properties to the west shall also be recorded on the Final Map. The easement
language shall be reviewed and approved by the City Attorney and the Director of PublicWorks.
The covenant of easement shall be recorded prior to final map approval. The deed restrictions
shall contain a provision that it may not be modified without the prior express written approval of
the City.
13. PUBLIC PEDESTRIAN EASEMENT
Public access pedestrian easements through the interior sidewalks, pedestrian paths and plazas, the
town square, and park area shall be required and recorded on the final map as noted in the
tentative map plans CO.0 — C6.5. The easement language shall be reviewed and approved by the
City Attorney and Director of Public Works prior to recordation of the easement on the project site
with the final map approval. The final map will include Public Pedestrian Easements, though the
CC&R's will include additional restrictions/guidelines onthe usage of the Public Pedestrian
Easements.
14. COVENANTS, CONDITIONS ANDRESTRICTIONS
The project CC&Rs shall be reviewed and approvedby the City Attorney prior to recordation with
the final map approval. The CC&Rs shall incorporate requirements pertaining to the public access
easements, reciprocal ingress/egress easements, public pedestrian easements, shared parking,
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Resolution No.12-098
maintenance and operation of common areas including butnot limited to public access to the park
and Town Square, and joint use agreements for the town square and park. The CC&Rs shall also
incorporate the Maintenance Agreement addressing the maintenance of the park, town square,
sidewalks, shared driveways by the property owners of each of the lots, and landscaped park strips
along Vallco Parkway, N. Tantau Avenue andStevens Creek Boulevard adjacent to the subject
site. The conditions of approval for the project shall also be recorded on the properties and
incorporated into the CC&Rs. No changes may be made to the CC&Rs without the City Attorney's
review and approval. The deed restrictions shall contain a provision that it maynot be modified
without the prior express written approval of the City.
15. JOINT USE AGREEMENT
Prior to recordation of the final map, the applicant shall submit a joint use agreement between the
City and the applicant to be reviewed by the City Attorney and the Director of Parks and
Recreation, and approved by the City Council, which permits the City to use the town square and
park area for public use for community events or other similar City-approved events or activities,
such as, but not be limited to a farmers' market, holiday activities, and summer events. The joint
use agreement shall be recorded and incorporated by reference into the Covenants, Conditions and
Restrictions (CC&Rs) of the project site. The Joint Use Agreement shall include provisions for
maintenance of the park and town square.
The joint use agreement shall govern the public use, programming, public access and percentage
of time available for the allowable publicactivities and events for which the town squareand park
may be used. The agreement shall also require available publicly identifiable restroom facilities
for public use during normal business hours. No structures will be constructed on the town square
area without the prior approval of the City of Cupertino, other than the retail pad structure(s)
approved in accordance with the Master Use Permit. The programmingprovisions of the joint use
agreementshall be administered between the applicant andthe Parks and Recreation Department
and the document approved by the City Attorney. The Joint Use Agreement shall contain a
provision that it may not be modified without the express written approval of the City.
16. MAINTENANCE AGREEMENT
Applicant shall enter into a Maintenance Agreement that addresses the maintenance of the park,
town square, sidewalks, shared driveways by the property owners of each of the lots, and
landscaped park strips along Vallco Parkway, N. Tantau Avenue and Stevens Creek Boulevard
directly adjacentto the subject project site. The Maintenance Agreement shall be part of the
Covenants, Codes and Restrictions of the project and shall be reviewed and approved by the City
Attorney prior to approval of the final map. The Maintenance Agreement shall contain a provision
thattheymaynot be modified without the express written approval of the City.
17. GROUND FLOOR RETAIL
Prior to issuance of building permits, the applicant shall demonstrate the ground floor retail
functionalityfor buildings proposed at heights over 45 feet in accordance with the City's General
Plan, to the satisfaction of the Director of Community Development. The ground floor retail shall
be connected to the building and be of substantial and appropriate size to accommodate the
functionality of retail uses. The building frontages of all buildings facing the town square, except
for the hotel shall have ground floor retail. However, the hotel must provide activeground floor
uses facing the town square.
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Resolution No.12-098
18. PARKING GARAGE ON THE COMMON AREA PARCEL (OWNERSHIP AND RETAIL
PORTION)
The five-level above ground parking garage with two levels of below ground parking shall not be
sold separately from the other parcels in the project. It shall be held as a common area parcel.
Free parking shall be provided in the parking garageand on the surface parking spaces for the
retail and office uses. However, the hotel may charge parking fees for its customers to park in the
parking garage.
The retail incubator buildings on the south side of the parking garage serving Parcels 1 though 4
shall be physically connected to the parking garage in orderto satisfy the GeneralPlan height
requirement for buildings over 45 feet and under 60 feet.
19. DISCLOSURE CLAUSE TO THE FUTURE PROPERTY OWNERS
The applicant/developer shall inform the future owners through the Covenants, Conditions and
Restrictions (CC&Rs) as well as other documentation of the surrounding projects and that the
development site is under a Cupertino Planned Development zoning. Property purchaser shall
check with the City to determine the specificrestrictions under the Planned Development zone and
related permits. The CC&R language incorporating this requirement shall be reviewed and
approved by the City prior to issuance of building permits.
20. BELOW MARKET RATE HOUSING PROGRAM
For residentialunits, the applicant shall comply with the requirements in the City's Below Market
Rate (BMR) Housing program. Foralternatives to these requirements, the applicant may request
the Housing Commission to recommendalternatives to the City Council tomeet these
requirements. For dedication of any housing units at below market rates, the applicant shall record
a covenant, which shall be subject to review and approvalby the City Attorney, to be recorded
prior to issuance of building permits for the plannedsenior housing building. BMR fees shall be
paid prior to issuance of building permits.
21. HOUSING MITIGATION FEES
Prior to issuance of building permits, the applicant shall provide the requiredhousing mitigation
fees for the commercial, office and hoteldevelopment on the project site.
22. MAXIMUM LENGTH OF HOTEL STAYS
Hotel stays shall be limited to a maximum of 30days per reservation.
23. 2012 ADDENDUM AND SECOND ADDENDUM TO THE PREVIOUSLY-APPROVED
EIR AND THE MITIGATION MONITORING AND REPORTING PROGRAM
The project shall implement all of the mitigation measures identified in the Mitigation Monitoring
and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as
modified by the 2012 Addendum to the Final EIR as updated on May 4, 2012 and the Second
Addendum to the Final EIR dated August 2012.
24. DEVELOPMENT ALLOCATION
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Resolution No.12-098
Use 2009 Master Approved Modification to Approved 2012 Modified Master
Use Permit the Development Plan Use Permit Additional
Allocations Allocations Needed
Granted Option A(1)-2
Retail Up to 150,000 sf Up to 130,500 square feet. Noadditional allocation is needed
from the Vallco
ParkSouth retail
commercial
allocation
Office 100,000 sf from 260,000 sf 160,000 sf additional from the
the N. De Anza unrestricted office allocation
Boulevard office available per condition no. 4. The
allocation applicant may not use any
allocation from the Major
Companies office allocation.
Hotel Up to 250 rooms 180 rooms No additionalallocation needed
from the
Citywide Hotel
allocation
Housing 160 units from 120 live/work loft apartment Noadditionalallocation needed
the Vallco Park housingunits
South residential
allocation
The applicant shall receive an allocation of up to 130,500 square feet of retail commercial square
footage from the Vallco Park South retail commercial allocation area; 120 live/work loft
apartment housingunits from the Vallco Park South residential allocation; 180 hotel rooms from
the Citywide Hotel allocation; and 260,000 square feet from the unrestricted office allocation
available citywide (except from the Vallco Park North office allocation area).
25. CONSTRUCTION PROJECT PHASING AND PARK BOND
Prior to issuance of grading and/or building permits, the applicant shall prepare a construction
phasing schedule, and shalldemonstrate completion of the project based onthe project expiration
date. The construction phasing schedule shall detail critical milestones of the construction.
Critical milestones of the construction shall include butnot be limited to the following:
The entire project shall be constructed in onephase (Phase I) and the Modification to the Master
Use Permit shall expire within three (3) years from the date of this approval. Building permits for
all buildings shall be filed and accepted by the City, and the permit shall be used (substantial and
continuous activity has taken place) prior to the expiration of the Modification to the Master Use
Permit.
A performance bond for the park construction (not less than $1.125 million) shall be required in
PhaseI. The applicant shall work with staff on the appropriate timing for acceptance of the
performance bond and completion of the park. If the park is notcompleted to the satisfaction of
the City within three (3) years from the date of approval of the permit, the City shall have the
option of calling in the bond and constructing the park.
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Resolution No.12-098
A. Prior to granting a certificate of occupancy for the first of the hotel or office buildings, the
Town Square, street and sidewalk improvements along FinchAvenueloop andthe street and
sidewalk improvements along the interior roadwayconnecting Finch Avenue loop to the office
parcel shall be completed to the satisfaction of the City.
B. Prior to granting a certificate of occupancy for thesecond of the hotelor office buildings,
certificates of completion for shell, core, exterior facades and related landscaping and
improvements shall be obtained for at least 50% of the retail approved for the project.
C. Prior to granting a certificate of occupancy for the third of the hotel or office buildings,
certificates of completion for shell, core, exterior facades and related landscaping and
improvements shall be obtained for all the retailbuildings.
D. Prior to granting a certificate of occupancy for the live/work loft and retail building, the park
shall be completed to the satisfaction of the City.
26. GRADING AND CONSTRUCTION HOURS
All grading activities shall be limited to the dry season (April 15 to October 15) unless otherwise
approved by the Director of Public Works. Grading hours shall be limited to Monday through
Friday, 7 a.m. to 8 p.m. Grading, street construction, demolition or underground utility work shall
not occur on Saturdays, Sundays and holidays, and during the nighttime period as defined in
Section 10.48.053(b) of the Municipal Code. Construction activities shall be limited to Monday
through Friday, 7a.m. to 8 p.m. and Saturday and Sunday, 9a.m. to 6 p.m. Construction activities
are not allowed on holidays. The developer shall be responsible for educating all contractors and
subcontractors of said construction restrictions. Rules and regulation pertaining to all construction
activities and limitationsidentified inthispermit, along with the nameand telephone number of a
developerappointeddisturbance coordinator, shall be posted in a prominentlocation at the
entrance to the job site. The applicant shall comply with the above grading and construction hour
requirements unless otherwiseindicated in the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identified in the 2009 Final
EIR and as modified by the 2012 Addendum to the Final EIR.
27. PARKING
The applicant shall provide the following number of parking spaces based upon the development
plan dated August 15, 2012 (dated received on August 28, 2012), with the following additional
requirements:
i) 32 additional parking spaces on site (either in the shared parking garage or surface parking)
for a total of 1,727 spaces on-site for the non-residential uses. The applicant shall work
withstaff to incorporate the additional spaces on site that may include enlarging the
parking garage by extending theupper story over the alley east of the garage.
ii) The project would receive credit for 42 on-street parking spaces along Vallco Parkway.
However, the project would be allowed to improve Vallco Parkway with 85 angled parking
spaces and street improvements on the south side of Vallco Parkway along the project
frontage as approved in 2009, until such time in the future that the City decides to modify
the parking and street improvements along Vallco Parkway.
iii) 12 additional underground parking spaces in the underground parking garage (increasing
parking to 1.8 spaces per unit for a total of 216 parking spaces for the live/work rental loft
apartment). Additionally, the applicant shall provide at least one covered parking space for
each unit at all times.
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Resolution No.12-098
The applicant shall also comply with the swales and permeable surfaces requirement of the City's
Parking Regulations. Adjustments to the parking plan may be permitted based on the final
approved tenanting and land use program as long as there are no additionalparking and traffic
impacts as determinedby the Director of Community Development and the parking analyses in
the Second Addendum.
A parking management planthat describes the parking system used by the retail, hotel and office
uses shall be submitted for review and approval by the Community Development Director. The
applicant shall provide an updated plan for any tenant changes that result in changes to the parking
requirements.
28. VALLCO PARKWAY
All on-street parking along Vallco Parkway remains public. The parking spaces along Vallco
Parkway are public parking spaces which shall always be available to the public. These spaces
cannot be limited to use by patrons or tenants of the Main Street Development. The City may
eliminate some or all of this parking at any time at its sole discretion.
29. PARKING CONVERSION FUND
Prior to issuance of any building permit for the project, the applicant shall be required to provide a
parking conversion" fund that will allow the City to convert the angled parking spaces with one
lane of eastbound traffic and a bike lane approved in association with the project along Vallco
Parkway to parallel parking spaces with two lanes of eastbound traffic and a bike lane, if and when
the City desires. Staff will work with the applicant onthe amountto be collected by the applicant.
30. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's ParkingRegulations underChapter 19.124 of the Cupertino Municipal Code.
31. PARKING LOT LIGHTING
Lighting in the parking lots shall be approved by the Director of Community Development for
compliance with applicableregulations prior to issuance of building permits.
32. BUILDING PERMIT APPROVAL
The Director of Community Development shall review the final building permits for full
conformance with the Master Use Permit approval and the Architectural and Site Approval for
each building prior to issuance of building permits for each building.
33. SIDEWALKS/CROSSWALKS
A. The final sidewalk/street frontage plan shall be required to be reviewed and approved by the
City prior to the final map, and shallmatch the guidelines of the South Vallco Master Plan and
be consistent with the sidewalk/street frontageplan for the adjacent Rosebowl mixed use
development.
B. The applicant shall provide decorativecrosswalks with colored and/or stampedasphalt
pavement across Vallco Parkway, N. Tantau Avenue and Stevens Creek Boulevard. The
decorative pavement materials shall be reviewed and approved by the Director of Community
Development and the PublicWorks Department, and shall be consistent with the
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ResolutionNo.12-098
recommendation of the traffic analysis prepared by Fehr and Peers in the Transportation
Impact Analysis dated September 5, 2008 on p. 48.
34. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City's Sign Ordinance,
Heart of the City Specific Plan and South Vallco Master Plan. Prior to final occupancy and
approval of any individual signs onsite, a detailed master sign program shall be submitted for
review and approval in accordance with the City's Sign Ordinance.
35. ARCHITECTURAL AND SITE APPROVAL
A. The buildings, site development and architecture shall substantially conform to the site plan,
elevations and details as shown in the approved exhibits, unless otherwise noted below. Prior
to issuance of building permits, the applicant shall be required to obtainapproval of a separate
Architectural and Site Approval application for each of the buildings by the Design Review
Committee; each Architectural and Site Approval application shall provide a detailed site plan,
full elevations (all four sides), floor plans and any otherdetails as required for Architectural
and Site Approval applications. Building colors and materialsshall be reviewed and approved
in conjunction with the Architectural and Site Approval. Minor amendments to approved
Architectural and Site Approvals for buildings and/or the site plan, including minor changes to
the layout of the site plan, building forms and building sizes, may be reviewed and approved
by the Director of Community Development.
B. The applicant shall provide the following additional modifications and enhancementsto the
plan prior to issuance of building permits (including recommendations referenced by the
City's Architectural Advisor on February 20, 2012 in Attachment 11 & 16 or as amended by
the Planning Commission):
1. Town Square
a. The town square area shall be designed as a "flexible" public space thatmay be expanded
or shiftedby the temporary closure of one or more of the surrounding publicly accessible
streets. Provide additional landscaping in the square.
b. Inorder to allowfor a seamless expansionor shifting of the future pedestrian activities, the
town square area will be developedto be flush with the grade of the surrounding street
system. The Director of Community Development mayapprove other similar details
deemed to be consistent with the intent of this condition.
c. The applicant shall provide decorative semi-pervious pavements or similar treatments in
the town squareand plaza areas to the satisfaction of the Director of Community
Development.
d. Parking on the circular streetsystem shall be delineated by decorative semi-pervious
paving or other similar treatments as deemed to be appropriate by the Director of
Community Development.
e. Final design and landscape of the town square area shall be reviewed and approved by the
Director of Community Development.
f. Temporary closure of any portion of the privatedrive streets, including methods used to
temporarily close the street(s), will require approval from the Director of Public Works.
2. Office Buildings
Architectural enhancements to the building shall be incorporated including the following:
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Resolution No.12-098
a. Enhance tower entry features with details and design features (particularly the central
tower entry facing Stevens Creek Boulevard) and project the towers out and upward
from the main bulk of the building.
b. Provide prominent architectural design enhancementstoemphasize the importance of
this corner as the eastern gateway entry to the City, including identifiable street
frontage public entrances along Stevens Creek Boulevard and N. Tantau Avenue, glass
store fronts and corner site features.
c. Provide horizontal elementsto the building design to reduce the verticality of the
building frontages along Stevens Creek Boulevard and N. Tantau Avenue.
d. Provide deep recessed windows.
e. Unify the variety of building forms with more closely related and toned down color
tones.
f. Add ground floor space as an "arcade-like" element along Stevens Creek Boulevard
and around the corners at the easterly Main Street drive entry and a N. Tantau.
3. Hotel
a. The Architectural and Site Approval application for the design of the interior and exterior
of the hotel must return back to the City Council for review and approval.
b. The exterior architectural design of the hotel shall be of the same quality and design
standard as the example providedby the applicant of the Marriott Residence Inn in the
Gaslamp district of San Diego.
c. Provide additional variation in height and wall articulations, such as larger roof eave
overhangs with additional facade depth and architecturaldetail and variety in roof eave
heights, to minimize the verticality, bulk and box-like shape of the building.
d. Enhance architectural detailing on the building that is in scale with the building.
e. Provide deeprecessed windows to provide depth to the building façade.
f. Increase the horizontal elements of the façade.
g. Add patio space (seating) at the corner of Vallco Parkway and FinchAvenue to enliven the
streetscape and entry to the site.
h. Provide additional architectural pedestrian-scale detailing of the ground floor treatment of
the building, including along town square, Vallco Parkway, and the pedestrian area leading
to the garage.
i. Tone down the contrast in exterior colors and provide colors that will complement the
colors used within the development.
j. Provide an outdoor dining terrace along the frontages of the restaurant facing town square.
4. Retail Buildings
a. Revise the architectural design of the retail pad building(s) in town square from an agrarian
look to a park pavilion/kiosk style architecture with greater storefrontglazing and
sophistication.
b. Provide active storefront pedestrianentries on allretail shops facing Stevens Creek
Boulevard.
c. Provide special design treatments between retail Shops 7 and 8 buildings to lead
pedestrians/customers between the park and the town square.
d. Bring the Shops 4, 5 and 6 buildings closer to the southeast and southwest corners of the
mainentryway from Stevens Creek Boulevard.
5. Auto Court/Parking Garage
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The parking garage shall provide architectural details and provide features along the ground
floor facing Vallco Parkway to promote pedestrian orientation along thestreet.
6. Street Furniture
The applicant shall provide street furniture and pedestrian amenities along Stevens Creek
Boulevard and Vallco Parkway. Prior to the issuance of building permits for Phase 1 of the
project, the street furniture shall be reviewed and approved by the Design Review Committee.
7. Rental Live/Work Apartment Loft Building
a. Add a distinctive five-story high corner feature that provide a distinctive edgeand corner to
thesoutheast corner of the building above the ground floor retail uses; otherwise, there will
bean awkward four-story high gap at this corner.
b. Provide design articulation on the wall on the southwest corner of the building abovethe
trash enclosure. The ground floor trash enclosure on this corner facing the town square
needs to be properly screenedand provide architecturally enhanced.
c. The hallways appear to be long and narrow and should be enhanced with widened similar to
hotel corridors.
d. Please clarify if the parking garage and the courtyard will be open or be secured.
e. The upper level plans need to clarify if there will be open views to the interior courtyard.
f. Plans should clarify where the windows or natural ventilation for the units will be provided
on upper floor units.
g. Please clarify if the upper floor corridors open or enclosed along the southern side of the
building.
h. Please provide end cap/corner features to the building. Without these corner end caps, the
length and massing of the building is emphasized.
i. Provide balcony openings for the units to bring residential presence to thestreet level.
Balconiesshould be moretransparentfacing the town square.
j. Enhance the ground floor treatment on the southwest corner(where the trash enclosure is
proposed)to provide a focal pointfrom the north-south walkway.
k. Confirm the height of the building since it may not exceed 60 feet per the City's General
Plan.
1. The top of the buildings need to be enhanced with stronger tops.
m. Windows should be deep set to enhance the elevations.
8. Site Plan and Surface Parking Lot
a. Modify the view to the rear of the parking cars from the loop driveway looking south
towards the retail Shop 6 building.
b. Modify thesite plan to accurately identify thelandscaped areas as green and a different
color for the hardscaped/non-landscaped areas.
c. Provide a single-widecrosswalk between the incubator retail buildings and the retail Pad 3
building in the private roadway.
d. Modify the main driveway entrance to fix the awkward and sharp lane transitionfrom
Stevens Creek Boulevard.
9. Parking Garage and Attached Retail/Incubator Space
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a. Provide left and right turn lanes from theeastern driveway entranceto the parking garage
along Vallco Parkway to avoid back-ups onto the street.
b. Consider an alternate more convenient hotel valet access to the garage
36. GATEWAY ENTRY
The applicant shall be required toconstruct and install a gateway entry feature on the northwest
corner of Stevens Creek Boulevard and N. Tantau Avenue that will be consistent with the policies
of the General Plan and South Vallco Master Plan. The gateway entry featureshall be a prominent
design thatmay fulfill the public art requirement and couldinclude a decorativemonument feature
that spans over Stevens Creek Boulevard, orvertical structural elements on both sides of Stevens
Creek Boulevard and on the median to announce entry. Also, this corner shall include a
community banner and enhanced pedestrian crossings thatmay include crosswalk lighting, special
paving materials and/or prominent art or architectural feature announcing the entry to the City,
such as a wrought iron element, subject to review and approvalby the City Council.
37. LANDSCAPE PLAN
The applicant shall submit detailed landscape and irrigation plansto be reviewed and approved by
the Director of Community Development prior to issuance of building permits for the building,
portion of development, and/or phase of development for which building permit applications have
been submitted. The landscape planshall provide the following prior to issuance of building
permits:
A. Waterconservation and pesticide reduction measures and requirements in conformance with
Chapter 14.15, Landscape Ordinance, and the pesticide control measures referenced in Chapter
9.18, Stormwater Pollution Prevention and Watershed Protection, of the Cupertino Municipal
Code.
B. A full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The
Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building permits.
C. Landscapingalong Stevens Creek Boulevard and N. Tantau Avenue in accordance with the
streetscape design requirements of the Heart of the City Specific Plan.
D. Planting of two specimen oak trees flanking the driveway entrances to the development along
Stevens Creek Boulevard as replacements for the removal of the existing dead specimen oak
tree.
E. Existing and Ash trees along Vallco Parkway shall be retained to the maximum possible as
determinedby the City Arborist.
38. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). A landscape installation audit shall be conducted by a certified landscape professional after
the landscaping and irrigation systemhave been installed. The findings of the assessment shall be
consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in thelandscape and irrigation design
plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule.
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Resolution No.12-098
The landscape installation report shall include the following statement: "The landscape and
irrigation systemhave been installed as specified in the landscape and irrigation design plan and
complies with the criteria of the ordinance and the permit."
39. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established
and submitted to the Director of Community Development or his/her designee, either with the
landscape application package, with the landscape installation report, or any time before the
landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and
water requirements for established landscapes.
b) Maintenanceshall include, butnot be limited to the following: routineinspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control;
and removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plantsthat may be
size-adjusted as appropriate for the stage of growth of the overall installation. Failing plants
shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest
controlor otherfactors as recommended by a landscaping professional.
40. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water efficiency
of the soil.
The soil analysis report shall be made available to the professionals preparing thelandscape and
irrigation design plans in a timely manner either before orduring the design process. A copy of the
soils analysis report shall be submitted to the Director of Community Development as part of the
landscape documentation package.
41. LANDSCAPEAND IRRIGATION MAINTENANCE AGREEMENT
Prior to final inspections and final occupancy, the owner(s) of the property shall enter into a
formal written landscape maintenance agreement with the City. The City shall record this
agreement, against the property or properties involved, with the County of Santa ClaraRecorder's
Office and it shall be binding on all subsequent owners of land served by the proposed landscape.
The landscape maintenance agreement shall require that modifications and maintenance activities
not alter the level of water efficiency of thelandscape from its original design, unless approved by
the City prior to the commencement of the proposed modification or maintenance activity.
42. TREE REMOVAL
A. The applicant is approved to remove a total of 61 treesand relocate 17 trees on site in
accordance with the City Arborist's report prepared by David Babby anddated April 30, 2008.
Although the applicant is requesting approval to remove these trees in accordance with the
CityArborist's recommendation, the intent is to retain as many of the existing perimeter street
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Resolution No.12-098
trees for the remaining life of such trees where they are not considered dead or do not require
immediate removal.
B. The applicant shall be required to replace the Aleppo Pine tree (Tree No. 113) that was
removed in accordance with the City's Protected Trees Ordinance (Chapter 14.18 of the
Cupertino Municipal Code).
C. For any trees that are removed due to hazardous conditions, are considered dead, or die as a
result of relocation, the applicant shall be requiredto obtain a tree removal permit and replace
these trees in accordance with the City's Protected Trees Ordinance.
D. For any trees that require removal due to construction plan drawing changes and/or
construction activity, the applicant shall obtain a tree removal permitin accordance with the
Protected Trees Ordinance.
E. The Director of Community Development may review and approve further refinements to the
tree removal and planting plan based on the approved final land use program for the center
provided that there are no significant environmental or visual impacts.
43. TREE REPLACEMENTS
Final approval of the required tree replacements shall be reviewed and approved by the Director of
Community Development in accordance with the City's Protected Trees Ordinance. The applicant
may be able to reduce the number of replacement trees on site, if larger sizetrees are proposed, in
accordance with the tree replacement standards of the ordinance. For any additional trees that are
removed due tohazardous conditions or are considered dead, the applicant shall be required to
obtain a tree removal permit and replace these trees in accordance with the Protected Trees
Ordinance. Species and size of replacement trees shall be reviewed and approved by the
Community Development Director.
44. TREE PROTECTION
As part of the building permit drawings, a tree protection planshall be prepared by a certified
arborist for thetrees to be retained. The applicant shall be required to install tree protection
measures before and during development in accordance with the CityArborist's report dated April
30, 2008, and in accordance with requirements of the PublicWorks Department for the
preservation of existing street trees. In addition, the following measures shall be added to the
protection plan:
A. For trees to be retained, chain link fencing and other root protection shall be installed around
the dripline of the tree prior to any project site work.
B. No parking or vehicle parking shall be allowed under root zones, unless using buffers
approved by the project arborist.
C. No trenching within the critical root zone areais allowed. If trenching is needed in the vicinity
of trees to be retained, the CityArborist shall be consultedbeforeany trenching or root cutting
beneath the dripline of the tree.
D. Tree protection conditions shall be posted on the tree protection barriers.
E. Retained trees shall be watered to maintain them in good health.
45. TREE PROTECTION BOND
The applicant shall provide a tree protection bond in an amountdeterminedby the City Arborist to
ensure protection of trees slated for preservation prior to issuance of grading, demolition or
building permits. The bond shall be returned after completion of construction, subject to a letter
from the CityArborist indicating that the trees are in good condition.
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46. TREE REPLACEMENT IN-LIEU FEE
The applicant shall pay an in-lieu fee in accordance with the City's Protected Trees Ordinance for
any trees thatcannot be replaced on site.
47. HEART OF THE CITY DESIGN GUIDELINES
A. The project shall comply with the Heart of the City Specific Plan development standards and
design guidelines ineffect at the time of project approval.
B. If any portions of the buildings on the Master Use Permit site plan do not meet the minimum
setbacks per the Heart of the City Specific Plan, the applicant must either modify the building
setback or obtain approval of an Exceptionapplication to the Heart of the City Specific Plan.
48. SOUTH VALLCO MASTER PLAN
The project shall comply with the South Vallco Master Plan. Prior to release of building permits
for Phase 1 of the project, the final boulevard plan along Vallco Parkway shall be reviewed and
approved by the Director of Community Development. The applicant shall make reasonable
efforts to contactadjacent property owners to show improvement plans including, butnot limited
tothe specific lighting, sidewalk furniture, and landscapingtreatments to be consistent with the
vision of the South Vallco Master Plan.
49. CREEK TRAIL IMPROVEMENTS
The applicant shall contribute an amount not to exceed $65,000 to the improvements of a trail
connection along Calabazas Creek from Vallco Parkway to I-280. This contribution shall be used
by the City to administer a creek trail plan and necessary approvals and improvements. If this
fund is not used within five years of the project completion, then it shall be returned to the
applicant.
50. PARK AREA ALONG METROPOLITAN
A approximately 0.55 acre park area shall be maintained along the western property line adjacent
to the Metropolitan mixed-use development. A minimum 20-foot wide landscape buffer shall be
provided along the western property line adjacent to the Metropolitan mixed-use development; the
landscape buffer shall be included in the acreage of the park. The design of the park area shall
include butnot be limited to passive recreation apparatuses, such as a tot lot and sitting areas. The
Parks and Recreation Commission shall review the park design and shall refer its recommendation
to the City Council for review and approval. The linear green space park buffer parallel to the
eastern propertyline of the Metropolitan mixed use development shall be installed prior to
issuance of building occupancy of any building constructed adjacent to this property line.
51. SECURITY PLAN FOR PARKING GARAGE
The applicant shall develop a comprehensive private security plan for the entiredevelopment
encompassing patrol hours, manning levels and frequency, closed circuit cameras in the parking
garage, and adequate lighting levels. The plan shall be prepared by the applicant and approved by
the Sheriff's Department prior to final occupancy.
52. PARKING GARAGE NOISE MITIGATION
The parking garage floors shall be treated/coated with materials as deemed appropriate by the City
to lessen the noise impacts of vehicle movements.
53. RESTAURANT ODOR ABATEMENT
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Resolution No.12-098
All restaurants shall install odor abatement systems to be incorporated into the airhandling
systems toreduce the odorimpact from the restaurants to the adjacent community. Detailed plans
shall be reviewed and approved by the Community Development Department prior to issuance of
building permits.
54. SCREENING
All mechanical and other equipment on the buildings and site shall be screened so they are not
visible from public street areas or adjoining developments. Screening materials/colors shallmatch
building features and materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
55. TRASH AND DELIVERY ACTIVITIES
A detailedrefuge and truck delivery planmust be prepared by the applicant. The plan shall specify
locations of trash facilities, refuge pick up schedules and truckdelivery schedules and routes. All
trash facilities must be screened and enclosedto the satisfaction of the Public Works Department.
The final plan shall be submitted to the City for review and approval prior to issuance of building
permits.
All deliveries shall comply with the mitigation measures provided in the MitigationMonitoring
and Reporting Program prepared by David J. Powers and Associates datedJanuary 2009, except
as may be modified by the 2012 Addendum to the Final Environmental Impact Report (EIR).
56. CONSTRUCTION MANAGEMENT MEETING
Prior to commencement of construction activities, the applicant shall arrange for a pre-
construction meeting with the pertinent departments (Building, Planning, and PublicWorks) to
review the applicant-prepared construction management plan.
57. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior to
issuance of building permits. During Phase 1 and 2 of the construction, staging of construction and
equipment shall occur as far away from any residential property as possible. The applicant shall
also provide a construction manager hotline phone number for residents of the adjacent
Metropolitan condominium complex to call for construction related activities on the project site.
The hotline number shall also be posted on the project site and at the Metropolitan condominium
complex. Said construction management planshall also provide the following:
A. Construction Vehicle Access and Routing
B. ConstructionEquipment Staging Area
C. Dust Control (Best Management Practices)
D. Hours of Operation
E. Street Cleaning Schedule and Program
58. DUST CONTROL
The following construction practicesshall be implemented during all phases of construction for
the proposed project to prevent visible dustemissions from leaving thesite:
a) Water all active construction areas at least twice daily and more often during windy periods to
prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas
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Resolution No.12-098
adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic
stabilizersor dust palliatives.
b) Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, applywater at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction site.
d) Sweep streets daily, or more often if necessary (with water sweepers) if visible soil material is
carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best managementpractices into the
building permit plan set.
f) The applicant shall comply with theabove dust control requirements unless otherwise
indicated in the mitigation measures identified in the Mitigation Monitoring and Reporting
Program (MMRP) dated March 2012 as identified in the 2009 Final EIR and as modified by
the 2012 Addendum to the Final EIR.
59. NOISE MITIGATION
The project and retail operations shall comply with the City's Community Noise Control
Ordinance (Chapter 10.48 of the CMC), unless otherwise indicated in the mitigation measures
identified in the Mitigation Monitoring and ReportingProgram (MMRP) dated March 2012 as
identified in the 2009 Final EIR and as modified by the 2012 Addendum to the Final EIR. In
addition, the following mitigation measures shall be taken in order to reduce noiseevent impacts
to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Construction equipment shall be have quiet design features, be well-maintained, and have a
high quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipment that produces
excessivenoise at nearby receptors.
d) Unnecessary idling of machineswhen not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall be used toreduce operating noise.
60. GREEN BUILDING
The applicant shall obtain LEED certification designation for the hotel, office and loft residential
rental housing buildings in accordance with the U.S. Green Building Council standards andthe
City's Green Building policies. The applicant shall also design the athleticclub (if developed) and
retail buildings to LEEDcertification standards, but will not be required to certify these buildings
as LEEDcertified. The applicant shall also provide solar hot waterheating for any pools provided
on the project site.
61. TRANSPORTATION DEMAND MANAGEMENT
The applicant shall commit to implementing a transportation demand management (TDM) plan
incorporating solutions as indicated in the mitigation measures identified in the Mitigation
Monitoring and Reporting Program (MMRP) dated March 2012 as identifiedin the 2009 Final
EIR and as modified by the 2012 Addendum to the Final EIR, thatmay include parking cash-out
and eco passes for employees, valet for customers and off-site parking options. The TDM plan
including the projected funding shall be reviewed and approved by the Director of Community
Development Director prior to issuance of building permits.
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Resolution No.12-098
62. UTILITY STRUCTURES
All new utility structuresshall be located underground or screened frompublic view to the
satisfaction of the Director of Community Development and Public Works.
63. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official and shall meet the mandatory requirements of the Cal Green
Building Code. The applicant shall provide evidence thatmaterials will be recycled prior to
issuance of final demolition permits.
64. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsibleto consult with other departments and/or agencies with regard to the
proposed project for additional conditions and requirements. Any misrepresentation of any
submitted data may invalidate an approvalby the Community Development Department.
65. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of
such fees, and a description of the dedications, reservations, and other exactions. You are hereby
further notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-day period complying with all of the requirements of
Section 66020, you will be legally barred from later challenging such exactions.
66. PUBLIC ART
The applicant shall provide public art in accordance with GeneralPlan policy 2- 66. Public art
shall be installed on the project site prior to final occupancy of the last building completed in the
first phase. The public art shall be valued at a minimum of one-quarter percent (1/4%) of the total
project budget, not to exceed $100,000. The applicant shall submit a public art plan to be reviewed
by the Fine Arts Commission prior to installation of the public art.
67. CIRCULATION PLAN
Prior to issuance of building permits, the applicant shall provide an auto, bike and pedestrian
circulation plan.
68. SHERIFFSUBSTATION
The applicant shall add a Sheriff's substation on site. The applicant shall work with staff on the
appropriate location and size of the substation.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
These conditions are not intended to be exhaustive. Additional conditions mayneed to be addressed,
prior to issuance of a buildingpermit, based on potential modifications to the site's usage and/orlayout.
69. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
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Resolution No.12-098
70. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and relatedstructures shall be installed in accordance with grades
and standards as specified by the City Engineer.
71. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures
shall be positioned so as topreclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone in which the
site is located.
72. FIRE HYDRANT
Fire hydrantsshall be located as requiredby the City andSanta Clara County Fire Department as
needed.
73. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08
of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate.
74. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), low impact development
facilities, or otherapproved means, to reduce the amount of runoff from thesite and to improve
storm water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes or storage structures) as necessaryto avoid an increase of one percent flood water
surface elevation of the culvert to the satisfaction of the City Engineer. Any storm water
overflows or surfacesheeting should be directed away from neighboring private properties and to
the public right of way as much as reasonably possible. Hydro-modification measures may be
required as directed by the Municipal Regional Permit.
75. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other relatedOrdinances and regulations of the City of Cupertino, and shallcoordinate
with affected utility providers for installation of underground utility devices. The developer shall
submit detailed plans showing utility underground provisions. Said plans shall be subject to prior
approval of the affected Utility provider andthe City Engineer.
76. IMPROVEMENT AGREEMENT
The project developershall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for under grounding of utilities. Saidagreementshall be
executed prior to issuance of construction permits
Fees:
a. Checking & Inspection Fees: 6% of Off-Site Improvement Cost or
54,101.00 minimum
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Resolution No.12-098
b. Grading Permit: 6%of Site Improvement Cost or
2,387.00 minimum
c. Development Maintenance Deposit: 3,000.00
d. Storm Drainage Fee: TBD
e. Power Cost:
f. Map Checking Fees: 8,052.00
g. Park Fees: per Municipal Code
or an equivalent park land dedication)
h. StreetTree By Developer
Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposedhereinmay be modified at the time of recordation of a final
map or issuance of a building permit in the event of saidchange or changes, the fees changed at
that time will reflect the then current fee schedule.
77. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosuresshall be
screened with fencing and landscaping orlocated underground such that said equipment is not
visible from public street areas. The transformer shall not be located in the front or side building
setback area.
78. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources Control
Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and
street improvement plans.
79. DEDICATION OF WATERLINES
The developer shall dedicateto the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with California Water Services Company for water service
to the subject development.
80. NPDES CONSTRUCTIONGENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use
of construction Best Management Practices (BMPs) to control stormwater runoff quality, and
BMP inspection and maintenance.
81. C.3 REQUIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement of
low impact development measures, for stormwatertreatment, on the tentative map, unless an
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Resolution No.12-098
alternative storm water treatmentplan, that satisfies C.3 requirements, is approved by the City
Engineer.
The developer must include the use and maintenance of site design, source control and storm
water treatment Best Management Practices (BMPs), which must be designed per approved
numeric sizing criteria. A StormWaterManagement Plan, StormWater Facilities Easement
Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of
ongoingoperation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
82. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trashcapture system/device to capturetrash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained
by a 5 mm mesh screen and has a design treatmentcapacity of not less than the peak flow rate Q
resulting from a one-year, one-hourstorm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
83. EROSION CONTROL PLAN
The developermust provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site. Erosion
control notes shall be stated onthe plans.
84. WORK SCHEDULE
Every 6 months, the developershall submit a work schedule to the City to show the timetable for
all grading/erosion control workin conjunction with thisproject.
85. TRAFFICSIGNALIMPROVEMENTS
The developer shall agree to fund up to $300,000 for the purpose of installing a traffic signal at
Finch Avenue and Vallco Parkway as well as for making traffic signal improvements at the
Stevens Creek Boulevard and Tantau Ave intersection. The developer shall also submit a bond for
this purpose which will be released 5 years from the date of project occupancy.
86. TRAFFIC MITIGATION AT WOLFE ROAD AND VALLCO PARKWAY
The developer shall mitigate fortraffic impacts at Vallco Parkway and Wolfe Road by
implementing one of the options stated in the Environmental Impact Report for Main Street
Cupertino per the approval of the City Engineer.
87. TRAFFIC MITIGATION AT HOMESTEAD ROAD & LAWRENCE EXPRESSWAY
The developershall agree to submit their fair-share cost of up to $400,000to improve Homestead
Road at Lawrence Expressway according to the direction of the City Engineer. The fair-share
contribution to the County will be dependent on the amount of traffic generated by the approved
Plan. In the event that a Plan is approved that has reduced traffic impacts, the same formulawould
be used (calculating the percentage of traffic the project is addingto totalgrowth between
background and cumulative conditions). The cost shall be submitted to the County of Santa Clara
in the form of a bond or cash deposit prior to the City issuing building permits, with the proviso
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that the funds be committed to thisspecific improvement in accordance of section66000 et. seq.
of the California Government Code.
88. PUBLIC ACCESS EASEMENT
The Developer shall provide, to the satisfaction of the City Engineer, a public access easement
acrossthe site, over the park and over the town center. The easement, including for vehicular and
pedestrian travel, shall link Stevens Creek Boulevard with Vallco Parkway, the park and the town
center. Public access easements shall include access for both vehicular and pedestrian travel, and
shall be shown and recorded on the FinalMap. All of the internal roadways shall have a public
driving and parking access easement over them. Public access areas may not be closed off without
the consent and approval of the PublicWorks Department, and shall be governed by the Joint Use
Agreement recorded within the project's Covenants, Conditions and Restrictions (CC&R's). The
public access easement shall be subject to approval by the City Attorney. The public access
easement shall contain a provision thatthey may not be modified without the express written
approval of the City.
89. PEDESTRIAN IMPROVEMENTS
The developer shall provide pedestrian improvements along the property frontage, including
crosswalkimprovements at adjoining intersections. Final crosswalk improvement plan shall be
reviewed and approved by the City Engineer.
90. BUS STOP LOCATION
The developer shall improve busstops on Stevens Creek Boulevard along the project frontage and
the immediate vicinity of the project site to the satisfaction of the City Engineer; this may include
consistent shelters for thebusstops, but will not include duck outs or relocation of thebusstops.
91. TRAFFIC CONTROLPLAN
The developer must submit a traffic control planby a Registered Traffic Engineer to be approved
by the City. Theplan shall include a temporary traffic control plan for work in the right of way as
well as a routing plan for all vehicles used during construction. All traffic control signs must be
reviewed and approved by the City prior to commencement of work. The City has adopted
Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping
work throughout the City.
92. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
93. TRAFFIC CALMING
The developer shall agree to fund up to $100,000 for the purpose of mitigating traffic impacts in
the adjacent neighborhoods resulting from the project for a period of 5 years following project
occupancy. The developer shall submit a bond for this purpose which will be released 5 years
from thedate of project occupancy.
94. EMERGENCY VEHICLE PREEMPTION FUND
The Developer is required to pay $15,000.00 to fund three Emergency Vehicle Preemption devices
for traffic signals at the adjacent intersections.
95. BICYCLE PARKING
24
ResolutionNo.12-098
The developershall providebicycleparking consistent with the City's requirementsto the
satisfaction of the City Engineer.
96. OPERATIONS & MAINTENANCE AGREEMENT
The developer shall enter into an Operations & Maintenance Agreement with the Cityprior to
final occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
97. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental Programs
Manager. Clearance by the PublicWorks Department is needed prior to obtaining a building
permit.
98. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
99. STREET TREES
Streettrees shall be planted within the Public Right of Way and shall be of a typeapproved by the
City in accordance with Ordinance No. 125.
100. FIREPROTECTION
Firesprinklers shall be installed in any new construction to the approval of the City.
101. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before recordation of the final map. The developer
shall pay for and obtain Water District perrnit for activities or modifications within the District
easement or fee right of way or affecting District facilities.
102. STREAMSIDE PERMIT
Prior to issuance of a building permit, the developer shall provide plans and information that
satisfies the requirements of the Stream Side Permit as set forth by theSanta Clara Valley Water
Resources Protection Collaborative. These items include, but are not limited to, topographic
survey, specific measures to protect streams and/or waterbodies from water quality impacts,
coordination with all interested jurisdictional agencies, etc.
103. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior
to issuance of building permits.
104. SANTA CLARA COUNTYFIREDEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
105. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
PacBell, and California Water Company, and/or equivalent agencies) will be required prior to
issuance of building permits.
25
Resolution No.12-098
106. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before recordation of the final map.
107.CALABAZAS CREEK INSPECTION
The developer agrees to have all bays of the Calabazas Creek Culvert, from Stevens Creek
through Vallco Parkway, inspected and videotaped prior tostart of any construction on site. An
inspectionreport and 2 copies of the inspection video are to be provided to the City prior to
issuance of a permit to begin any work on site. The developer is responsible for coordinating with
and obtaining and permits from the Santa Clara Valley Water District prior to beginning
inspection operations.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
4th day
of September 2012, by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
5- I
Grace Schmidt Mark Santoro
City Clerk Mayor, City of Cupertino
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OWNER/DEVELOPERMAIN STREET CUPERTINO AGGREGATOR LLC203 REDWOOD SHORES PARKWAY, SUITE 200REDWOOD SHORES, CA 94065CONTACT:KEVIN DARENANDY KUMARPHONE:650-344-1500ARCHITECTDNA DESIGN AND ARCHITECTURE14511 FRANKLIN AVENUE, SUITE 145TUSTIN, CA 92780CONTACT:ROCKY SHENPHONE:714-389-1890CIVIL ENGINEERSANDIS936 E. DUANE AVENUESUNNYVALE, CA 94085CONTACT:KEN OLCOTTSTEVE YAZALINAPHONE:408-636-0900LANDSCAPE ARCHITECTTHE GUZZARDO PARTNERSHIP, INC.181 GREENWICH STREETSAN FRANCISCO, CA 94111CONTACT:GARY LAYMONPHONE:415-433-4672PARKING GARAGE ENGINEERINTERNATIONAL PARKING DESIGN INC.1201 MARINA VILLAGE PARKWAY, SUITE 100ALAMEDA, CA 94501CONTACT:RAJU NANDWANAPHONE:510-473-0300LIGHTING CONSULTANTLIGHTING DESIGN ALLIANCE2830 TEMPLE AVENUELONG BEACH, CA 90806CONTACT:ANDY POWELLPHONE:562-989-3843
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y
p
r
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t
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d
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r
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g
c
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s
t
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t
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o
n
t
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n
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t
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f
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t
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a
r
c
h
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c
t
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n
w
r
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t
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g
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c
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v
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d
e
r
r
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m
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p
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t
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c
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a
c
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t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
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d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
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s
a
n
d
m
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t
h
o
d
s
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f
c
o
n
s
t
r
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c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
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t
t
e
n
i
n
s
t
r
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c
t
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o
n
s
a
d
d
r
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s
s
i
n
g
s
u
c
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r
c
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v
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d
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r
r
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r
s
o
r
o
m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
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c
e
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v
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d
f
r
o
m
t
h
e
ar
c
h
i
t
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c
t
p
r
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o
r
t
o
t
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c
l
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e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
KE
Y
P
L
A
N
E
N
L
A
R
G
E
D
P
A
R
T
I
A
L
P
L
A
N
1 2
SE
C
T
I
O
N
A
T
S
T
A
T
I
O
N
A
,
N
O
R
T
H
F
A
C
A
D
E
(
V
A
L
L
C
O
P
A
R
K
W
A
Y
)
9'-6"247'-2"47'-6 1/2"14'-10"11'-7"
18
2
'
-
6
"
131'-0"
157
'
-
2
"
10
'
-
8
"
59'-
1
0
"
79'-
4
"
63'-
4
"
202'
-
6
"
MA
I
N
S
T
R
E
E
T
17'-3"
FH
FI
R
E
H
Y
D
R
A
N
T
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
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o
r
t
o
o
r
d
u
r
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n
g
c
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n
s
t
r
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c
t
i
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n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
i
n
t
h
e
p
l
a
n
s
a
n
d
s
p
e
c
i
f
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c
a
t
i
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n
s
o
f
w
h
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c
h
a
c
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n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
e
d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
e
s
a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
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c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
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s
s
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n
g
s
u
c
h
p
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r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
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m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
e
c
e
i
v
e
d
f
r
o
m
t
h
e
ar
c
h
i
t
e
c
t
p
r
i
o
r
t
o
t
h
e
c
l
i
e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
9'-6"247'-2"47'-6 1/2"14'-10"11'-7"
18
2
'
-
6
"
145
'
-
1
0
"
157
'
-
2
"
10
'
-
8
"
59'-
1
0
"
79'-
4
"
63'-
4
"
202'
-
6
"
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
i
o
r
t
o
o
r
d
u
r
i
n
g
c
o
n
s
t
r
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c
t
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o
n
t
o
n
o
t
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f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
i
n
t
h
e
p
l
a
n
s
a
n
d
s
p
e
c
i
f
i
c
a
t
i
o
n
s
o
f
w
h
i
c
h
a
c
o
n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
e
d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
e
s
a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
u
c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
e
s
s
i
n
g
s
u
c
h
p
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r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
e
c
e
i
v
e
d
f
r
o
m
t
h
e
ar
c
h
i
t
e
c
t
p
r
i
o
r
t
o
t
h
e
c
l
i
e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
9'-6"247'-2"47'-6 1/2"14'-10"11'-7"
18
2
'
-
6
"
145
'
-
1
0
"
157
'
-
2
"
10
'
-
8
"
61'-
1
0
"
79'-
4
"
61'-
4
"
202'
-
6
"
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
i
o
r
t
o
o
r
d
u
r
i
n
g
c
o
n
s
t
r
u
c
t
i
o
n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
i
n
t
h
e
p
l
a
n
s
a
n
d
s
p
e
c
i
f
i
c
a
t
i
o
n
s
o
f
w
h
i
c
h
a
c
o
n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
e
d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
e
s
a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
u
c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
e
s
s
i
n
g
s
u
c
h
p
e
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
e
c
e
i
v
e
d
f
r
o
m
t
h
e
ar
c
h
i
t
e
c
t
p
r
i
o
r
t
o
t
h
e
c
l
i
e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
9'-6"247'-2"47'-6 1/2"14'-10"11'-7"
18
2
'
-
6
"
145
'
-
1
0
"
157
'
-
2
"
10
'
-
8
"
61'-
4
"
202'
-
6
"
79'-
4
"
61'-
1
0
"
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
i
o
r
t
o
o
r
d
u
r
i
n
g
c
o
n
s
t
r
u
c
t
i
o
n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
i
n
t
h
e
p
l
a
n
s
a
n
d
s
p
e
c
i
f
i
c
a
t
i
o
n
s
o
f
w
h
i
c
h
a
c
o
n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
e
d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
e
s
a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
u
c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
e
s
s
i
n
g
s
u
c
h
p
e
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
e
c
e
i
v
e
d
f
r
o
m
t
h
e
ar
c
h
i
t
e
c
t
p
r
i
o
r
t
o
t
h
e
c
l
i
e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
9'-6"235'-8"47'-6 1/2"14'-10"11'-7"
18
2
'
-
6
"
145
'
-
1
0
"
157
'
-
2
"
10
'
-
8
"
61'-
4
"
202'
-
6
"
11'-6"
79'-
4
"
61'-
1
0
"
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
i
o
r
t
o
o
r
d
u
r
i
n
g
c
o
n
s
t
r
u
c
t
i
o
n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
i
n
t
h
e
p
l
a
n
s
a
n
d
s
p
e
c
i
f
i
c
a
t
i
o
n
s
o
f
w
h
i
c
h
a
c
o
n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
e
d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
e
s
a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
u
c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
e
s
s
i
n
g
s
u
c
h
p
e
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
e
c
e
i
v
e
d
f
r
o
m
t
h
e
ar
c
h
i
t
e
c
t
p
r
i
o
r
t
o
t
h
e
c
l
i
e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
9'-6"247'-2"47'-6 1/2"14'-10"11'-7"
18
2
'
-
6
"
145
'
-
1
0
"
157
'
-
2
"
10
'
-
8
"
61'-
1
0
"
79'-
4
"
22'-
2
"
61'-
4
"
224'
-
8
"
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
i
o
r
t
o
o
r
d
u
r
i
n
g
c
o
n
s
t
r
u
c
t
i
o
n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
i
n
t
h
e
p
l
a
n
s
a
n
d
s
p
e
c
i
f
i
c
a
t
i
o
n
s
o
f
w
h
i
c
h
a
c
o
n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
e
d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
e
s
a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
u
c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
e
s
s
i
n
g
s
u
c
h
p
e
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
e
c
e
i
v
e
d
f
r
o
m
t
h
e
ar
c
h
i
t
e
c
t
p
r
i
o
r
t
o
t
h
e
c
l
i
e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
15'-0"28'-4"22'-0"27'-0"28'-4"28'-4"28'-4"27'-0"26'-2"15'-0"1'-0"1'-0"247'-6"15'-0"29'-0"29
'
-
0
"
29
'
-
0
"
27'
-
0
"
27'
-
0
"
27'
-
0
"
27'
-
0
"
15'
-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
15'-
0
"
198'
-
1
1
1
/
2
"
20'-
1
1
1
/
2
"
6'
-
0
"
4'
-
0
"
2'
-
0
"
1'-4 1/2"4'-0"15'-0"29'-0"29
'
-
0
"
29
'
-
0
"
29
'
-
0
"
29
'
-
0
"
15
'
-
0
"
1'-0"
1'-0
"
13
2
'
-
0
"
1'-0
"
10"10'-4"
5'
-
5
"
2'-5 1/2"
29
'
-
0
"
23
'
-
0
"
12'-2"
5'
-
2
"
20
'
-
2
1
/
2
"
14
'
-
8
"
11
1
/
2
"
3
FU
L
L
S
I
Z
E
S
P
A
C
E
S
T
R
I
P
I
N
G
PR
E
C
A
S
T
C
O
N
C
.
WH
E
E
L
S
T
O
P
T
Y
P
.
WH
E
R
E
S
H
O
W
N
FA
C
E
O
F
W
A
L
L
,
CO
L
.
,
O
R
S
T
A
L
L
TY
P
.
4"
W
I
D
E
D
O
U
B
L
E
WH
I
T
E
P
A
I
N
T
ST
R
I
P
E
S
-
T
Y
P
.
CL
O
F
S
P
A
C
E
MO
D
U
L
E
T
Y
P
.
18'-0"
2'-0"1'-0"
3'-0"
1'
-
0
"
7'
-
0
"
C
L
E
A
R
9"
9"
9"
9"
8'
-
6
"
1
FU
L
L
S
I
Z
E
S
P
A
C
E
S
T
R
I
P
I
N
G
PR
E
C
A
S
T
C
O
N
C
.
WH
E
E
L
S
T
O
P
T
Y
P
.
WH
E
R
E
S
H
O
W
N
FA
C
E
O
F
W
A
L
L
,
CO
L
.
,
O
R
S
T
A
L
L
TY
P
.
4"
W
I
D
E
D
O
U
B
L
E
WH
I
T
E
P
A
I
N
T
ST
R
I
P
E
S
-
T
Y
P
.
CL
O
F
S
P
A
C
E
MO
D
U
L
E
T
Y
P
.
18'-0"
2'-0"1'-0"
3'-0"
1'
-
0
"
7'
-
6
"
C
L
E
A
R
9"
9"
9"
9'
-
0
"
M
I
N
.
WA
L
L
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
i
o
r
t
o
o
r
d
u
r
i
n
g
c
o
n
s
t
r
u
c
t
i
o
n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
i
n
t
h
e
p
l
a
n
s
a
n
d
s
p
e
c
i
f
i
c
a
t
i
o
n
s
o
f
w
h
i
c
h
a
c
o
n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
e
d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
i
l
d
i
n
g
c
o
d
e
s
a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
u
c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
e
s
s
i
n
g
s
u
c
h
p
e
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
o
m
i
s
s
i
o
n
s
s
h
a
l
l
b
e
r
e
c
e
i
v
e
d
f
r
o
m
t
h
e
ar
c
h
i
t
e
c
t
p
r
i
o
r
t
o
t
h
e
c
l
i
e
n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
o
c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
15'-0"28'-4"22'-0"27'-0"28'-4"28'-4"28'-4"27'-0"26'-2"15'-0"1'-0"1'-0"247'-6"15'-0"29'-0"29
'
-
0
"
29
'
-
0
"
27'
-
0
"
27'
-
0
"
27'
-
0
"
27'
-
0
"
15'
-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
27'-
0
"
15'-
0
"
198'
-
1
1
1
/
2
"
20'-
1
1
1
/
2
"
6'
-
0
"
4'
-
0
"
2'
-
0
"
1'-4 1/2"4'-0"15'-0"29'-0"29
'
-
0
"
29
'
-
0
"
29
'
-
0
"
29
'
-
0
"
15
'
-
0
"
1'-0"
1'-0
"
13
2
'
-
0
"
1'-0
"
10"10'-4"
5'
-
5
"
2'-5 1/2"
29
'
-
0
"
23
'
-
0
"
12'-2"
5'
-
2
"
20
'
-
2
1
/
2
"
14
'
-
8
"
11
1
/
2
"
It
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p
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b
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a
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c
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p
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c
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c
l
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s
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b
c
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t
r
a
c
t
o
r
s
p
r
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c
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e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
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f
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c
t
s
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n
c
o
n
s
t
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t
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n
i
f
t
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p
r
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e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
It
i
s
t
h
e
c
l
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e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
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o
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t
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d
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r
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g
c
o
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s
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c
t
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t
o
n
o
t
i
f
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t
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e
a
r
c
h
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t
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c
t
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n
w
r
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t
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f
a
n
y
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v
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d
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r
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s
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m
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s
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s
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p
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s
a
n
d
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c
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f
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c
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t
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a
c
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t
r
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c
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t
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o
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u
g
h
l
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kn
o
w
l
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d
g
e
a
b
l
e
w
i
t
h
t
h
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b
u
i
l
d
i
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g
c
o
d
e
s
a
n
d
m
e
t
h
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d
s
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f
c
o
n
s
t
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c
t
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n
s
h
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u
l
d
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e
a
s
o
n
a
b
l
y
b
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a
w
a
r
e
.
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t
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e
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i
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s
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t
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a
d
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t
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c
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c
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c
l
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c
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t
r
a
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t
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s
p
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c
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d
i
n
g
w
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h
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w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
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b
l
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f
o
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a
n
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d
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f
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c
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s
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c
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s
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t
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d
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s
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f
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l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
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W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
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V
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W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
KE
Y
P
L
A
N
KEY NOTES1. EXTERIOR SIDING BY RESYSTA, COLOR WALNUT2. PAINTED METAL CANOPY3a. EXTERIOR PLASTER , COLOR DE6183 "HOME PLATE"3b. EXTERIOR PLASTER , COLOR DE6191 "EXCLUSIVE IVORY"3c. EXTERIOR PLASTER, COLOR DE5884 "MISTED EVE"3d. EXTERIOR PLASTER, COLOR 7836N "COPPER CANYON"4. EXTERIOR G
R
A
D
E
R
E
S
I
N
P
A
N
E
L
,
3
F
O
R
M
C
O
L
O
R
"
R
E
E
F
"
5a. PORCELAIN
T
I
L
E
B
Y
E
V
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R
S
T
O
N
E
,
C
O
L
O
R
E
V
E
R
-
B
E
I
G
E
5b. PORCELAIN
T
I
L
E
B
Y
E
V
E
R
S
T
O
N
E
,
C
O
L
O
R
E
V
E
R
-
G
R
A
U
5c. PORCELAIN
T
I
L
E
B
Y
E
V
E
R
S
T
O
N
E
,
C
O
L
O
R
E
V
E
R
-
C
L
A
I
R
E
6. ALUMINUM S
T
O
R
E
F
R
O
N
T
7. PAINTED ME
T
A
L
F
A
S
C
I
A
8.
C
O
N
T
R
O
L
J
O
I
N
T
S
9.
P
A
I
N
T
E
D
M
E
T
A
L
G
R
I
L
L
10
.
V
E
N
T
T
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R
M
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N
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L
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V
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R
S
11
.
V
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L
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D
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W
S
(
C
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A
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P
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)
,
T
Y
P
.
12
.
W
A
L
L
S
C
O
N
C
E
13
.
P
A
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N
T
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D
M
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T
A
L
P
A
N
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L
B
Y
C
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N
T
R
I
A
,
C
O
L
O
R
9
9
1
8
D
O
V
E
GR
A
Y
14
.
M
E
T
A
L
L
O
U
V
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R
S
B
Y
C
E
N
T
R
I
A
,
C
O
L
O
R
9
9
1
8
D
O
V
E
G
R
A
Y
15
.
V
I
N
Y
L
W
I
N
D
O
W
S
(
C
O
L
O
R
T
A
U
P
E
)
,
S
E
T
I
N
R
E
C
E
S
S
E
D
P
A
N
16
.
P
A
I
N
T
E
D
M
E
T
A
L
E
N
T
R
Y
G
A
T
E
W
A
Y
W
I
T
H
T
R
E
L
L
I
S
B
E
Y
O
N
D
.
17
.
P
A
I
N
T
E
D
M
E
T
A
L
D
O
O
R
18
.
P
A
I
N
T
E
D
M
E
T
A
L
T
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M
A
T
C
H
C
A
N
O
P
Y
(
2
)
19
.
F
E
N
C
E
A
N
D
G
A
T
E
P
E
R
L
A
N
D
S
C
A
P
E
D
R
A
W
I
N
G
S
4
8
16
3
4 WA
L
L
S
E
C
T
I
O
N
1
WA
L
L
S
E
C
T
I
O
N
4
WA
L
L
S
E
C
T
I
O
N
3
WINDOW DETA
I
L
5
12
2
WA
L
L
S
E
C
T
I
O
N
29'-0"34'-0"
26
'
-
0
"
34
'
-
0
"
26
'
-
0
"
36'-8"
41
'
-
1
0
"
42'-1"
20'-4"
26'-2"13'-4"17'-11"9'-6"9'
-
5
"
6'-4 1/2"
9'
-
6
"
6'-8 1/2"
9'-
3
"9'
-
6
"
16'-7 1/2"16'-0"
7'-8"
It
i
s
t
h
e
c
l
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e
n
t
s
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s
p
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n
s
i
b
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y
p
r
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r
t
o
o
r
d
u
r
i
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g
c
o
n
s
t
r
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c
t
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n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
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t
i
n
g
o
f
a
n
y
pe
r
c
e
i
v
e
d
e
r
r
o
r
s
o
r
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m
i
s
s
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o
n
s
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n
t
h
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p
l
a
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s
a
n
d
s
p
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c
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f
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c
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t
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s
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f
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c
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a
c
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n
t
r
a
c
t
o
r
t
h
o
r
o
u
g
h
l
y
kn
o
w
l
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d
g
e
a
b
l
e
w
i
t
h
t
h
e
b
u
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l
d
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g
c
o
d
e
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a
n
d
m
e
t
h
o
d
s
o
f
c
o
n
s
t
r
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c
t
i
o
n
s
h
o
u
l
d
r
e
a
s
o
n
a
b
l
y
b
e
a
w
a
r
e
.
Wr
i
t
t
e
n
i
n
s
t
r
u
c
t
i
o
n
s
a
d
d
r
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s
s
i
n
g
s
u
c
h
p
e
r
c
e
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v
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d
e
r
r
o
r
s
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r
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m
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s
s
i
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n
s
s
h
a
l
l
b
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c
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i
v
e
d
f
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o
m
t
h
e
ar
c
h
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t
e
c
t
p
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r
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o
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h
e
c
l
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n
t
o
r
c
l
i
e
n
t
s
s
u
b
c
o
n
t
r
a
c
t
o
r
s
p
r
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c
e
e
d
i
n
g
w
i
t
h
t
h
e
w
o
r
k
.
T
h
e
c
l
i
e
n
t
w
i
l
l
b
e
re
s
p
o
n
s
i
b
l
e
f
o
r
a
n
y
d
e
f
e
c
t
s
i
n
c
o
n
s
t
r
u
c
t
i
o
n
i
f
t
h
e
s
e
p
r
o
c
e
d
u
r
e
s
a
r
e
n
o
t
f
o
l
l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
1
s
t
P
L
A
N
R
E
V
I
E
W
----
CD
P
R
O
G
R
E
S
S
S
E
T
--
AS
A
2
n
d
P
L
A
N
R
E
V
I
E
W
--
AS
A
3
r
d
P
L
A
N
R
E
V
I
E
W
----------------
UN
I
T
P
L
A
N
S
SC
A
L
E
:
1
1/
4
"
=
1
'
-
0
"
UN
I
T
1
A
(
B
A
S
E
P
L
A
N
)
SC
A
L
E
:
2
1/
4
"
=
1
'
-
0
"
UN
I
T
1
B
(
B
A
S
E
P
L
A
N
)
SC
A
L
E
:
4
1/
4
"
=
1
'
-
0
"
UN
I
T
1
E
(
B
A
S
E
P
L
A
N
)
SC
A
L
E
:
3
1/
4
"
=
1
'
-
0
"
UN
I
T
1
D
(
B
A
S
E
P
L
A
N
)
SC
A
L
E
:
5
1/
4
"
=
1
'
-
0
"
UNIT 1F (BASE PLAN)
36'-8"14'-5 1/2"
20
'
-
5
1
/
2
"
26
'
-
0
"
29'-0"
34
'
-
0
"
29'-0"
34
'
-
0
"
36'-8"26'-0"36'-8"26'-0"
9'
-
6
"
6'-4 1/2"
6'
-
8
1
/
2
"
9'-3
"
9'-6"6'-4 1/2"9'-6"5'-6 1/2"
6'-8 1/2"
9'-3"
It
i
s
t
h
e
c
l
i
e
n
t
s
r
e
s
p
o
n
s
i
b
i
l
i
t
y
p
r
i
o
r
t
o
o
r
d
u
r
i
n
g
c
o
n
s
t
r
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c
t
i
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n
t
o
n
o
t
i
f
y
t
h
e
a
r
c
h
i
t
e
c
t
i
n
w
r
i
t
i
n
g
o
f
a
n
y
pe
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.
No
.
D
a
t
e
D
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s
c
r
i
p
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AS
A
1
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t
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L
A
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--
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2
n
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--
AS
A
3
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L
A
N
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W
----------------
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L
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A
L
E
:
1
1/
4
"
=
1
'
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0
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UN
I
T
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G
-
4
(
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L
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L
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:
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4
"
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:
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=
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UNIT 1J-1 (BASE PLAN)SC
A
L
E
:
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UNIT 1J-2 (BASE PLAN)
36'-8"36'-8"
15
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0
"
36'-8"
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"
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.
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.
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a
t
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D
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s
c
r
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p
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A
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AS
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3
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L
A
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W
----------------
UN
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T
P
L
A
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A
L
E
:
1
1/
4
"
=
1
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0
"
UN
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C
-
1
(
B
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L
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L
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:
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A
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:
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4
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=
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"
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(
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A
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:
3
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4
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=
1
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UN
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A
(
B
A
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a
s
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.
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l
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r
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s
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d
i
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k
.
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c
l
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w
i
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l
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re
s
p
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n
s
i
b
l
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f
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a
n
y
d
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c
o
n
s
t
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t
i
o
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f
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p
r
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s
a
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n
o
t
f
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l
o
w
e
d
.
No
.
D
a
t
e
D
e
s
c
r
i
p
t
i
o
n
AS
A
P
L
A
N
R
E
V
I
E
W
----------------------------
SC
A
L
E
:
2
SO
U
T
H
E
L
E
V
A
T
I
O
N
C
O
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P
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U
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G
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N
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G
SC
A
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E
:
1
EX
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T
I
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A
R
R
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28
3
0
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M
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.
L
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B
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A
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A
9
0
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2
1
3
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T:
5
6
2
.
9
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3
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:
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.
9
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ww
w
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L
i
g
h
t
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g
D
e
s
i
g
n
A
l
l
i
a
n
c
e
.
c
o
m
It is the clients responsibility prior to or during construction to notify the architect in writing of any
perceived errors or omissions in the plans and specifications of which a contractor thoroughly
knowledgeable with the building codes and methods of construction should reasonably be aware.
Written instructions addressing such perceived errors or omissions shall be received from the
architect prior to the client or clients subcontractors proceeding with the work. The client will be
responsible for any defects in construction if these procedures are not followed.
No. Date Description
ASA 1st PLAN REVIEW
--TYPE-I ONLY 1st PLAN REV.
-
--ASA 2nd PLAN REVIEW
--TYPE-I ONLY 2nd PLAN REV.
--TYPE-I ONLY PERMIT SET
--ASA 3rd PLAN REVIEW
--
--
--
--
--
--
--
--
THE
GUZZARDO
PARTNERSHIP INC.
Landscape Architects Land Planners
Signature
Date
Renewal Date
6-30-14
LAYOUT LEGEND
LAYOUT NOTES
FINE GRADING AND DRAINAGE LEGEND
FINE GRADING NOTES
It is the clients responsibility prior to or during construction to notify the architect in writing of any
perceived errors or omissions in the plans and specifications of which a contractor thoroughly
knowledgeable with the building codes and methods of construction should reasonably be aware.
Written instructions addressing such perceived errors or omissions shall be received from the
architect prior to the client or clients subcontractors proceeding with the work. The client will be
responsible for any defects in construction if these procedures are not followed.
No. Date Description
ASA 1st PLAN REVIEW
--TYPE-I ONLY 1st PLAN REV.
-
--ASA 2nd PLAN REVIEW
--TYPE-I ONLY 2nd PLAN REV.
--TYPE-I ONLY PERMIT SET
--ASA 3rd PLAN REVIEW
--
--
--
--
--
--
--
--
THE
GUZZARDO
PARTNERSHIP INC.
Landscape Architects Land Planners
Signature
Date
Renewal Date
6-30-14
COLOR AND FINISH SCHEDULE
It is the clients responsibility prior to or during construction to notify the architect in writing of any
perceived errors or omissions in the plans and specifications of which a contractor thoroughly
knowledgeable with the building codes and methods of construction should reasonably be aware.
Written instructions addressing such perceived errors or omissions shall be received from the
architect prior to the client or clients subcontractors proceeding with the work. The client will be
responsible for any defects in construction if these procedures are not followed.
No. Date Description
ASA 1st PLAN REVIEW
--TYPE-I ONLY 1st PLAN REV.
-
--ASA 2nd PLAN REVIEW
--TYPE-I ONLY 2nd PLAN REV.
--TYPE-I ONLY PERMIT SET
--ASA 3rd PLAN REVIEW
--
--
--
--
--
--
--
--
THE
GUZZARDO
PARTNERSHIP INC.
Landscape Architects Land Planners
Signature
Date
Renewal Date
6-30-14
PLANTING NOTES
PLANT CALLOUT SYMBOL
PLANT QUANTITY DIAGRAM
PLANT SPACING DIAGRAM
LANDSCAPE SOIL SPECIFICATION GUIDELINES
PLANT PALETTE
Tree Staking Diagram with Aeration Tube
Not to Scale
Shrub Planting Detail
Not to Scale
B
B
It is the clients responsibility prior to or during construction to notify the architect in writing of any
perceived errors or omissions in the plans and specifications of which a contractor thoroughly
knowledgeable with the building codes and methods of construction should reasonably be aware.
Written instructions addressing such perceived errors or omissions shall be received from the
architect prior to the client or clients subcontractors proceeding with the work. The client will be
responsible for any defects in construction if these procedures are not followed.
No. Date Description
ASA 1st PLAN REVIEW
--TYPE-I ONLY 1st PLAN REV.
-
--ASA 2nd PLAN REVIEW
--TYPE-I ONLY 2nd PLAN REV.
--TYPE-I ONLY PERMIT SET
--ASA 3rd PLAN REVIEW
--
--
--
--
--
--
--
--
THE
GUZZARDO
PARTNERSHIP INC.
Landscape Architects Land Planners
Signature
Date
Renewal Date
6-30-14
FF
(180.00)
B
B
It is the clients responsibility prior to or during construction to notify the architect in writing of any
perceived errors or omissions in the plans and specifications of which a contractor thoroughly
knowledgeable with the building codes and methods of construction should reasonably be aware.
Written instructions addressing such perceived errors or omissions shall be received from the
architect prior to the client or clients subcontractors proceeding with the work. The client will be
responsible for any defects in construction if these procedures are not followed.
No. Date Description
ASA 1st PLAN REVIEW
--TYPE-I ONLY 1st PLAN REV.
-
--ASA 2nd PLAN REVIEW
--TYPE-I ONLY 2nd PLAN REV.
--TYPE-I ONLY PERMIT SET
--ASA 3rd PLAN REVIEW
--
--
--
--
--
--
--
--
THE
GUZZARDO
PARTNERSHIP INC.
Landscape Architects Land Planners
Signature
Date
Renewal Date
6-30-14
B
B
It is the clients responsibility prior to or during construction to notify the architect in writing of any
perceived errors or omissions in the plans and specifications of which a contractor thoroughly
knowledgeable with the building codes and methods of construction should reasonably be aware.
Written instructions addressing such perceived errors or omissions shall be received from the
architect prior to the client or clients subcontractors proceeding with the work. The client will be
responsible for any defects in construction if these procedures are not followed.
No. Date Description
ASA 1st PLAN REVIEW
--TYPE-I ONLY 1st PLAN REV.
-
--ASA 2nd PLAN REVIEW
--TYPE-I ONLY 2nd PLAN REV.
--TYPE-I ONLY PERMIT SET
--ASA 3rd PLAN REVIEW
--
--
--
--
--
--
--
--
THE
GUZZARDO
PARTNERSHIP INC.
Landscape Architects Land Planners
Signature
Date
Renewal Date
6-30-14
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0144 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:5/19/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Hearing to approve assessment of fees for annual weed abatement program (private
parcels)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Exhibit A Assessment Report
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :Hearingtoapproveassessmentoffeesforannualweedabatementprogram(private
parcels)
ConducthearingandadoptResolutionNo.14-183approvingtheassessmentoffeesforthe
annual weed abatement program (private parcels)
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
Assessment of fees on private parcels for the annual weed abatement program.
Recommended Action
Conduct hearing and adopt draft resolution.
Discussion
Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or
destroy weeds on their property for fire protection. The weed abatement process is in
place to notify the property owners of this responsibility, authorize the County to
remove the weeds if the property owner doesn’t, and allow the County to recover the
costs of abatement.
The process consists of eight steps that begin in November and go through August of
each year. At this time the process is at Step No. 8 on the list. Attached is a copy of the
draft resolution showing the list of properties on the Assessment Report.
1. County prepares a list of all properties that have been non-compliant in
removing weeds in the last three years and provides that list to the City (Nov).
2. City Council adopts a resolution declaring weeds a nuisance and setting a
hearing date to hear objections by property owners to having their name on the
list (Nov-Dec).
3. County sends notice to the property owners on the list notifying them of the
hearing date and explaining that they must remove weeds by the abatement
deadline of April 30 or it will be done for them, and the cost of the abatement
plus administrative costs assessed to their property (Dec).
4. City Council holds the hearing to consider objections by property owners and
adopts a resolution ordering abatement (Jan).
5. County sends a courtesy letter to property owners on the list notifying them
again of the abatement deadline and noting that they will work with the
property owner to be sure the weeds are removed (Jan).
6. After April 30, the properties are inspected by the County to verify that weeds
were removed and proceeds with abatement if the inspection fails. County
makes a list of all costs associated with the abatement and provides that list to
the City (June-July).
7. City notifies the property owners on the assessment list notifying them of the
hearing date. (July-Aug).
8. City Council holds a hearing, notes any disputes, and adopts a resolution putting
a lien assessment on the properties to allow the County to recover the cost of
weed abatement (July-Aug).
Fiscal Impact
Any fees waived by the Council will be billed to the City by the County to cover their
cost of servicing the property.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution
B - Exhibit A Assessment Report
RESOLUTION NO. 14-
A RESOLUTION OF THE CUPERTINO CITY COUNCIL PROVIDING FOR
LIEN ASSESSMENTS AND COLLECTION RESULTING FROM THE
ABATEMENT OF PUBLIC NUISANCES AND POTENTIAL FIRE HAZARDS
(WEEDS ON PRIVATE PARCELS)
WHEREAS, after due notice a hearing thereon was held at a regular
meeting of the City Council on January 21, 2014, at which time the City declared
the growth of weeds upon certain properties as described in City of Cupertino
Resolution No. 13-107 to be a public nuisance; and
WHEREAS, from evidence presented, both oral and written, the City
Council acquired jurisdiction over and abated said nuisances; and
WHEREAS, affected property owners were advised that a hearing would
be held at the City Council meeting of July 15, 2014 providing for lien
assessments and collection resulting from the abatement of public nuisances
(weeds on private parcels); and
WHEREAS, said hearing was held by the City Council at the time and
place fixed for the receiving and considering of such report and proposed
assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
confirm that the costs of abating said nuisances shall be as set forth on Exhibit A
attached hereto and made a part hereof and said costs shall constitute a lien on
the affected property.
BE IT FURTHER RESOLVED that the County Agricultural Commissioner
shall cause the amount of the assessments to be entered on the County
Assessment Roll opposite the description of the particular property, which
assessment so entered on the County rolls shall be collected together with all
other taxes thereon upon the property at the same time and in the same manner,
as general City taxes are collected and shall be subject to the same penalties and
interest, and the procedures and sale in the case of delinquency as provided for
City taxes.
Resolution No. 14-
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of July, 2014, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ________________________________
Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cupertino
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0299 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:6/26/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Set the dates for Housing Commission (Financial Representative) application deadline and
interviews
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council7/15/20141
Subject: Set the dates for Housing Commission (Financial Representative) application deadline
and interviews
Direct staff to set the following deadlines:
1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, August 8; and
2.) Conduct interviews at 5:05 p.m. on Tuesday, August 19
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
Set the dates for Housing Commission (Financial Representative) application deadline
and interviews.
Recommended Action
Direct staff to set the following deadlines:
1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, August 8; and
2.) Conduct interviews at 5:05 p.m. on Tuesday, August 19
Discussion
The Housing Commission has been accepting applications for one unscheduled vacancy
which occurred when Commissioner (Financial Representative) Jimmy Chien resigned
his term on the commission. The term of this unscheduled vacancy expires in January
2018.
The Clerk’s office has received four applications to date for this position and will
continue to advertise and accept applications until the set deadline.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0285 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:6/25/2014 City Council
On agenda:Final action:7/15/2014
Title:Subject: Consider amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle
Lanes--Designated; Torre Avenue between Stevens Creek Blvd and Rodrigues Avenue
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
B - Redline Version of Draft Ordinance
Action ByDate Action ResultVer.
City Council7/15/20141
Subject :ConsideramendingSection11.08.250oftheCupertinoMunicipalCoderelatingto
Bicycle Lanes--Designated; Torre Avenue between Stevens Creek Blvd and Rodrigues Avenue
Conduct the first reading of Ordinance No. 14-2120, "An Ordinance of the City Council of the
City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to
Bicycle Lanes - Designated"
CITY OF CUPERTINO Printed on 7/9/2014Page 1 of 1
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1
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 15, 2014
Subject
An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of
the Cupertino Municipal Code Relating to Bicycle Lanes--Designated; Torre Avenue
between Stevens Creek Boulevard and Rodrigues Avenue.
Recommended Action
Conduct the first reading of the draft ordinance.
Discussion
The City of Cupertino is recognized as a Bicycle Friendly Community by the League of
American Bicyclists, and has lived up to that honor by promoting safe and convenient
bicycle travel throughout the city. Cupertino is unique among other cities in the county by
being able to boast bike lanes along every mile of arterial roadway within the city, and
along the majority of collectors as well. According to statistics compiled by the California
Office of Traffic Safety (OTS), Cupertino had the lowest rate of bicyclist injury per vehicle
mile traveled of any city in Silicon Valley in 2011, the most recent data available. Cupertino
also had lower bicyclist injury rates than many other Bicycle-Friendly cities throughout the
state, including Santa Monica, Davis, Palo Alto, Santa Cruz and Newport Beach.
The last couple years have seen a dramatic increase in bicycling in the area, due in large
part to the growing presence of Apple and their encouragement of bicycling as a means for
employees to commute between campuses. In order to continue in our efforts to enhance
the bicycling environment within Cupertino, this year staff proposed, and Apple agreed to
fund, an improvement to the Stevens Creek Boulevard/Torre Avenue/Vista Avenue
intersection that would facilitate bicyclist movement through the intersection. These
improvements include a dedicated bicycle traffic signal head and a dedicated bike lane that
would allow bicyclists to proceed directly south across the intersection, while still
prohibiting southbound thru vehicle movement. However, there are currently no bicycle
lanes on Torre Avenue south of Stevens Creek Boulevard. As a result, bicyclists continuing
southbound on Torre Avenue from Stevens Creek Boulevard must share the lane with
vehicles, and bicyclists traveling north on Torre Avenue approaching Stevens Creek
Boulevard do not have a convenient way of continuing northbound across the intersection.
Since Torre Avenue provides access to City Hall, the Santa Clara County library, and
2
numerous commercial and residential properties, it is highly desirable to provide this safe
and convenient bicycle link to access these facilities from Stevens Creek Boulevard.
The 2014 Pavement Maintenance Phase 1 project provides an opportunity to include bike
lanes on Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue with the
restriping that will occur following the pavement overlay on the segment. Although bike
lanes along Torre Avenue are not included as a project in the 2011 Cupertino Bicycle
Transportation Plan, the bicycling environment has changed since the approval of the Plan.
These changing conditions necessitate flexibility in the implementation of bicycle-related
improvements to meet current and anticipate demands. A future Bicycle Transportation
Plan update will incorporate these improvements and other similar changes.
The following modifications to the striping along Torre Avenue will be necessary to
accommodate bike lanes:
Removal of one of the two left-turn lanes on the northbound approach to Stevens
Creek Boulevard. A traffic operations analysis of this movement indicates there will
be no adverse impacts to vehicle operations, and safety for pedestrians crossing
Stevens Creek Boulevard on the west side of the intersection will be enhanced by
eliminating potential vehicle conflicts.
Conversion of the right-turn-only lane and shared thru-left lane at the southbound
approach to Rodrigues Avenue to a shared thru-right lane and a dedicated left-turn
lane.
Parking is currently prohibited along this segment of Torre Avenue, so parking will not be
affected.
The Bicycle Pedestrian Commission has recommended that Council approve the installation
of bike lanes on Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue.
Fiscal Impact
The cost of the striping is incorporated into the budget of the Pavement Maintenance
project, and will result in no additional fiscal impact.
_____________________________________
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Ordinance
B – Redline Version of Draft Ordinance
1
ORDINANCE NO. 14-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 11.08.250 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO BICYCLE LANES - DESIGNATED
The City Council of the City of Cupertino does hereby ordain that Section 11.08.250 be
amended as follows:
11.08.250 Bicycle Lanes–Designated.
The City Manager, upon approval of the City Council, is authorized to erect or place signs upon
any street in the city indicating the existence of a bicycle lane, and otherwise regulating the
location and use of vehicles and bicycles with respect to them, so long as the same are consistent
with this chapter. Before such a sign is erected, the subject bicycle lane shall be designated on
such streets by an approved painting or sign, or in such other manner as the City Manager shall
determine will provide sufficient notice of the existence of such bicycle lane. When such a
painting or sign is in place, no person shall disobey it.
DESIGNATION OF BICYCLE LANES
Street Description Side
Foothill Boulevard Freeway 280 to Stevens Creek Boulevard Both
Bubb Road Stevens Creek Boulevard to Rainbow Drive Both
Mary Avenue Meteor to Stevens Creek Boulevard Both
Stelling Road Homestead Road to Rainbow Drive Both
Kim Street Kirwin Lane to Bollinger Road Both
Blaney Avenue Homestead to Stevens Creek Boulevard Both
Tantau Ave Homestead Road to Stevens Creek Boulevard Both
Homestead Road Grant Road to Swallow Drive Both
Pruneridge Avenue Wolfe Road to Tantau Avenue Both
Mariani Avenue De Anza Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
McClellan Road Byrne Avenue to Stelling Road Both
Bollinger Road Miller Avenue to Narciso Court Both
Rainbow Drive (Saratoga-Sunnyvale Road)
Stelling Road to DeAnza Boulevard Both
Stevens Creek Boulevard East City Limit to the West City Limit Both
De Anza Boulevard Homestead Road to State Route 85 Both
South Stelling Road Homestead Road to Prospect Road Both
Prospect Road Stelling Road to De Anza Boulevard Both
Miller Avenue Calle De Barcelona To Bollinger Road Both
Wolfe Road Homestead Road to Stevens Creek Boulevard Both
Foothill Boulevard Interstate Route 280 to McClellan Road Both
2
Bollinger Road Westlynn Way to the East City Limit Both
Blaney Avenue Stevens Creek Boulevard to Bollinger Road Both
De Anza Boulevard Homestead Road to Bollinger Road Both
De Anza Boulevard State Route 85 to Prospect Road Both
Rodrigues Avenue De Anza Boulevard to Blaney Avenue Both
Torre Avenue Stevens Creek Boulevard to Rodrigues Avenue Both
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 15th day of
July and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____
of _______ 2014, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Gilbert Wong, Mayor
1
ORDINANCE NO. 14-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 11.08.250 OF THE CUPERTINO MUNICIPAL CODE
RELATING TO BICYCLE LANES - DESIGNATED
The City Council of the City of Cupertino does hereby ordain that Section 11.08.250 be
amended as follows:
11.08.250 Bicycle Lanes–Designated.
The City Manager, upon approval of the City Council, is authorized to erect or place signs upon
any street in the city indicating the existence of a bicycle lane, and otherwise regulating the
location and use of vehicles and bicycles with respect to them, so long as the same are consistent
with this chapter. Before such a sign is erected, the subject bicycle lane shall be designated on
such streets by an approved painting or sign, or in such other manner as the City Manager shall
determine will provide sufficient notice of the existence of such bicycle lane. When such a
painting or sign is in place, no person shall disobey it.
DESIGNATION OF BICYCLE LANES
Street Description Side
Foothill Boulevard Freeway 280 to Stevens Creek Boulevard Both
Bubb Road Stevens Creek Boulevard to Rainbow Drive Both
Mary Avenue Meteor to Stevens Creek Boulevard Both
Stelling Road Homestead Road to Rainbow Drive Both
Kim Street Kirwin Lane to Bollinger Road Both
Blaney Avenue Homestead to Stevens Creek Boulevard Both
Tantau Ave Homestead Road to Stevens Creek Boulevard Both
Homestead Road Grant Road to Swallow Drive Both
Pruneridge Avenue Wolfe Road to Tantau Avenue Both
Mariani Avenue De Anza Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
McClellan Road Byrne Avenue to Stelling Road Both
Bollinger Road Miller Avenue to Narciso Court Both
Rainbow Drive (Saratoga-Sunnyvale Road)
Stelling Road to DeAnza Boulevard Both
Stevens Creek Boulevard East City Limit to the West City Limit Both
De Anza Boulevard Homestead Road to State Route 85 Both
South Stelling Road Homestead Road to Prospect Road Both
Prospect Road Stelling Road to De Anza Boulevard Both
Miller Avenue Calle De Barcelona To Bollinger Road Both
Wolfe Road Homestead Road to Stevens Creek Boulevard Both
Foothill Boulevard Interstate Route 280 to McClellan Road Both
2
Bollinger Road Westlynn Way to the East City Limit Both
Blaney Avenue Stevens Creek Boulevard to Bollinger Road Both
De Anza Boulevard Homestead Road to Bollinger Road Both
De Anza Boulevard State Route 85 to Prospect Road Both
Rodrigues Avenue De Anza Boulevard to Blaney Avenue Both
Torre Avenue Stevens Creek Boulevard to Rodrigues Avenue Both
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 15th day of
July and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____
of _______ 2014, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Gilbert Wong, Mayor