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Attachment C - Modification Conditions of Approval FINAL ATTACHMENT C STANDARD PROJECT REQUIREMENTS AND PROJECT IMPLEMENTATION REQUIREMENTS These Standard Project Requirements and Project Implementation Requirements are intended to be read in conjunction with the Ministerial Approval Letter-The Rise SB 35 Modification Project Application, dated June 3, 2022. 1. ACCURACY OF THE 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 errors of any property data may invalidate this approval and may require additional review. 2. ANNOTATION OF THE STANDARD PROJECT REQUIREMENTS These Standard Project Requirements and Project Implementation Requirements must be incorporated into and annotated on the building plans. 3. APPROVED PLANS The Approval is based on the Approved Plans stamped June 2, 2022 and attached herewith for a mixed use project with: a. 2,402 residential units of which 1,201 units shall be affordable as outlined in condition #4 below. In addition, the residential uses shall not be less than 5,119,005 square feet or less than 66.7% of the floor area of the project. b. Office uses shall not exceed 1,973,494 square feet. c. Retail uses shall be a minimum of 429,408 square feet. d. Office and Retail uses shall not exceed 33.3% of the floor area of the project e. Associated improvements as proposed, except as stated herein. Building Permit plans must match the dimensions and floor plans indicated in the approved plan set. 4. AFFORDABLE UNITS a. The Applicant shall provide 50% of the project (1,201 units) as affordable, of which 267 units shall be affordable to households making 50%below the area median income and 934 units shall be affordable to units making 80% below the area median income. b. Of the 1,201 units, 160 Very Low Income units and 107 Low Income units, for a total of 267 units, are required by the City's Below Market Rate (BMR) 1 Housing Program (Municipal Code Chapter 19.172) and shall be subject to the City's Below Market Rate Housing Mitigation Program Procedural Manual ("Procedural Manual"). These BMR units shall be affordable for a period of not less than 99 years. Rent shall be calculated as included in the Procedural Manual and shall include parking costs. The BMR units shall be administered under the City's Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units (Administration Manual). c. State Density Bonus Law(Government Code Section 65915 et seq.) requires the project to contain 267 Very Low Income units. These units are inclusive of the 160 Very Low Income BMR units, which shall be affordable for a period of not less than 99 years and otherwise conform with all requirements for BMR units. The remaining 107 Very Low Income units shall be affordable for a period of not less than 55 years and administered under the California Tax Credit Allocation Committee's (TCAC's) compliance manual, and rent shall be calculated as provided in State Density Bonus Law and implementing regulations. d. 827 affordable units shall be affordable to Low Income households earning 80 percent of median income or below. Affordable rents for the 827 units shall be calculated under TCAC's compliance manual. The units shall be affordable for a period of not less than 55 years and administered under TCAC's compliance manual. The units shall be subject to the same preference program outlined in the Procedural and Administration Manuals. e. Pursuant to Municipal Code Section 19.56.050(F), affordable units in the Project, and for each phase of the Project, shall be constructed concurrent with, or prior to, the construction of the market rate units. The following phasing and affordable unit distribution plan is approved, except that the affordable units in each phase shall include proportional numbers of City BMR and Density Bonus units. Market-Rate Units Affordable Units Total % Affordable Phase 1 393 316 709 44.6% Block 1 101 0 101 Block 2 156 181 337 Block 4 136 135 271 Phase 2 391 469 860 54.5% Block 3 261 391 652 Block 5 130 78 208 2 Market-Rate Units Affordable Units Total % Affordable Phase 3 417 416 833 50% Block 9 208 208 416 Block 10 209 208 417 Total 1,201 1,201 2,402 50% The Director of Community Development may approve modifications to the phasing plan provided that no modification may reduce the total number of affordable units provided in Phase 1 or the total number of affordable units in Phase 1 and Phase 2 of the Project. f. Pursuant to Government Code Section 17929, the occupants of the affordable units shall have the same access to the common entrances and to the common areas and amenities of the project as the occupants of the market-rate housing units, and the affordable units may not be isolated to a specific floor or an area on a specific floor. g. The Applicant shall identify the location of individual affordable units and prepare a master affordable housing agreement and declaration of restrictive covenants, which shall be subject to review and approval by the City Attorney and which shall be recorded prior to the issuance of the first building permit for vertical construction or any parcel or final map, whichever is earliest. The location of the individual affordable units is not required for ministerial approval but distribution of units per this subsection can be included as a condition of approval per Section 301(a)(5). 5. NON-RESIDENTIAL BELOW MARKET RATE HOUSING PROGRAM The Applicant The applicant shall comply with the City's Non-residential BMR program by paying the required housing mitigation fees per the Housing Mitigation Manual for any office development payable at the time of building permit issuance. The Applicant's request for a waiver of housing mitigation fees is pending and will be reviewed under the procedures set forth in the Housing Mitigation Manual. 6. FEES The Applicant shall pay all applicable fees,taxes, and bonds per the City's adopted fee schedule and/or Municipal Code, at the time of building permit issuance including,but not limited to: a. Building Permit Fees b. Third-party Consultant Costs plus any administration fees 3 c. Below Market Rate Housing Mitigation Fees d. Transportation Impact Fees e. Parkland Dedication Fees f. Storm Drain Fees g. Public Works plan review, encroachment permit, and grading permit fees. Additional reviews of three or more will be charged hourly. 7. FORMATION OF A PROPERTY OWNERS' ASSOCIATION A Property Owner's Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney and the Director of Community Development prior to recordation. The following terms shall be incorporated into the Association's Conditions, Covenants and Restrictions: a. The members/board shall meet at a minimum of once/year. b. The Association dues shall cover: i. Maintenance of common area on the property including, but not limited to, private drives and roadways, hardscaping, parking, landscaping, and accessory items, such as trash bins/areas, tree grates, outside trash bins, and fences. ii. Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement, as necessary. c. Any changes to the CC&R's must be reviewed and approved by the City. d. Disbanding of the Association shall require City approval. 8. STREET CLOSURES Street and road closures for resident or tenant safety and security are not approved as part of this Application. Temporary street and road closures may be permitted pursuant to review and approval of a Special Events Permit. Any future fencing or road closures proposed to close streets or other access such as to the green roof is subject to staff review and approval. 9. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the Applicant and approved by the City prior to issuance of building permits. Staging of construction equipment shall not occur within 100 feet of any residential property. 10. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the Municipal Code. The Applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 4 11. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS: a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Nighttime construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The Applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The Applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 12. 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 more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or 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,apply water at least three times daily,or apply(non-toxic)soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. 5 d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e. The Applicant shall incorporate the City's construction best management practices into the building permit plan set. 13. AIR QUALITY In compliance with the General Plan Environmental Impact Report Mitigation Measures related to Air Quality, the applicant shall, prior to issuance of grading, demolition and/or building permits demonstrate compliance with the current Bay Area Air Quality Management District's basic control measures for reducing construction emissions of PM10. 14. COMPLIANCE WITH CODE REQUIREMENTS a. The Project is subject to the governing provisions of Title 24 of the California Code of Regulations in effect at the time of building permit application including but not limited to the California Building Code, the California Plumbing Code, and California Fire Code, and shall be constructed in accordance with all such applicable state and locally adopted building standards. The Applicant shall obtain LEED Silver certification or an alternative reference standard in accordance with the Green Building Ordinance since the building size is over 50,000 square feet. b. The Applicant shall ensure that the project addresses comments and corrections set forth in the following: i. The Fire Department of Santa Clara County two comment letters dated June 3, 2022. ii. The Public Works Department's Environmental Services Division comments dated May 2,2022,including comments from Independent Code Consultants Incorporated dated April 25, 2022, iii. The Cupertino Sanitary District dated May 4, 2022, and iv. The Public Works Department Development Services Division dated May 3, 2022. 15. ENVIRONMENTAL HEALTH The Applicant shall obtain all necessary clearances from the Santa Clara County Department of Environmental Health and/or other applicable environmental regulatory agencies. Soil-disturbing activity on any parcel subject to Department of Environmental Health oversight may commence only upon Department of Environmental Health clearance for such activity. 6 16. BIOLOGICAL RESOURCES The Applicant shall adhere to Mitigation Measure BIO-1 regarding nesting raptors and other birds set forth in the Mitigation Monitoring and Reporting Program for the City's General Plan Amendment, Housing Element Update and Associated Rezoning Project dated December 4, 2014 17. PUBLIC ART Public art shall be provided for the project in accordance with General Plan Policy 2-66 and the City's Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). The minimum expenditure for the artwork, including, but not limited to design, fabrication, and installation is 0.25 percent of the total project budget, with an expenditure cap of $100,000. The project pro forma shall be provided to the City to confirm the project budget. The final public art plans (including design) shall be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City prior to final occupancy. 18. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the Applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet.The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 19. 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) 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 soils analysis report shall be submitted to the 7 Director of Community Development as part of the landscape documentation package. 20. LANDSCAPE AND IRRIGATION PLANS 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. The landscape plan shall include water conservation and pesticide reduction measures 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. 21. 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 not be 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." 22. LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (Cupertino Municipal Code, 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. 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. 8 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. 23. RESTAURANT ODOR ABATEMENT All new restaurants shall install odor abatement systems to reduce odor impacts from the restaurants to the adjacent community.The odor abatement systems shall be installed prior to final occupancy of the associated restaurant(s). Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 24. PRIVATE ROAD MAINTENANCE AGREEMENT A reciprocal maintenance agreement shall be required for all parcels that share a common private drive or private roadway with one or more other parcels within the tract. The agreement shall be recorded prior to issuance of building permit for the phase in which the private roadways are proposed and shall be subject to prior approval as to form and content by the City Attorney. Such maintenance obligations shall be included in the Conditions, Covenants and Restrictions for the Property Owners' Association. 25. NOISE ANALYSIS The Applicant shall prepare an acoustical report to demonstrate compliance with the Cupertino General Plan. All residential units shall be subject to good quality construction practices and installation of equipment, including sealing of doors, windows, frames, and casings to ensure that the interior average day/night noise level does not exceed 45 dBA Ldn. 26. SIGNAGE Signage and location for signage is not approved with this Application. Signage shall conform to the City's Municipal Code Chapter 19.104. 27. SIGN PROGRAM A sign program is not approved with this Application and is required for this Project. The sign program shall be approved by the Director of Community Development prior to issuance of sign permits. 28. SCREENING All mechanical and other equipment on the building or on the site shall be screened so it is not visible from public street areas or adjoining developments. 9 Screening materials/colors shall match 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. 29. TRASH AND DELIVERY ACTIVITIES A detailed refuse and truck delivery plan shall be prepared by the Applicant. The plan shall specify locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. 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 for review and approval prior to issuance of building permits. 30. TREE REMOVALS The removal of up to 464 Protected trees on site is approved.A tree removal permit must be obtained in the event additional on-site protected trees are proposed for removal. No street trees or trees within the existing right-of-way are approved for removal. Any such trees shall be reviewed and approved for removal by the Department of Public Works. The Applicant shall obtain a Retroactive Tree Removal permit for Tree #1245. 31. TREE TRANSPLANTATION The Applicant shall transplant Trees # 97, 98, 99, 69, and 70 (Holly Oaks.) The Applicant is authorized to transplant Trees # 414, 415, 416, 260, 261 or 262 at its discretion but is not required to do so. 32. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. This tree protection plan shall adhere to the recommendations of the City's consulting arborist. In addition, the following measures shall be added to the protection plan: a. For trees on private property 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 traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. c. No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall 10 be consulted before any trenching or root cutting beneath the dripline of the tree. d. Wood chip mulch shall be evenly spread inside the tree protection fence to a four-inch depth. e. Tree protection conditions shall be posted on the tree protection barriers. f. Retained trees shall be watered to maintain them in good health. g. A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall inspect the trees to be retained and/or transplanted and shall provide reviews prior to issuance of demolition, grading or building permits. Ongoing inspections may be requested by the City by the City's consulting arborist, at the applicant's expense, to peer review Arborist reports provided on a regular basis by the applicant.A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. For trees within the public right-of-way which are subject to removal or new trees proposed for planting,the applicant shall secure an encroachment permit from the City. 33. TREE PROTECTION BOND The Applicant shall provide a tree protection bond in the amount of $250,000 to ensure protection of trees recommended for retention, transplantation, or replacement by the City's consulting arborist prior to issuance of grading, demolition or building permits. The bond shall be returned after completion of construction, subject to a letter from the City arborist indicating that the trees are in good condition. 34. TREE REPLACEMENT In accordance with Cupertino Municipal Code Chapter 14.18, the Applicant shall provide tree replacements for trees proposed to be removed in conjunction with the proposed project. The number, location and type of trees shall be incorporated into the detailed landscape plan to be reviewed and approved by the Director of Community Development in consultation with the City's consulting arborist. 35. 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 11 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. 36. UTILITY STRUCTURE PLAN: Prior to issuance of building permits, the Applicant shall work with staff to provide a detailed utility plan to demonstrate screening or undergrounding of all new utility structures [including,but not limited to backflow preventers(BFP),fire department connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, Fire Department, and applicable utility agencies. 37. BUSINESS HOURS OF OPERATION Any office or commercial uses with hours of operation beyond 7:00 a.m. and 11:00 p.m. must obtain Conditional Use Permits. 38. INDEMNIFICATION Except as otherwise prohibited by law,the Applicant shall indemnify, defend with legal counsel approved by the City, and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or against the Applicant,to attack,set aside, or void the City's approval of this project or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in the defense of any claim or litigation. The Applicant agrees to accept the City's tender of defense of any claim or lawsuit related to this project or City's approval of said project. Furthermore, Applicant shall pay City's attorneys' fees and costs within 30 days following receipt of invoices from City. Such attorneys' fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 39. COMPLETION OF PUBLIC WORKS IMPROVEMENTS Public improvements necessary to implement the Project shall be reviewed pursuant to Government Code section 65913.4(h)(3). Prior to entering into a street improvement agreement with the City of Cupertino, the Applicant shall have detailed plans of the improvements approved by the Director of Public Works and shall provide a surety or guarantee covering the cost of all improvements to be 12 completed within the City of Cupertino's jurisdiction. The street improvement agreement will specify the timeline for completion of the improvements. For improvements to be completed on facilities which are not under the jurisdiction of the City of Cupertino, the Applicant shall, prior to entering into a street improvement agreement with the City of Cupertino, either (1)have detailed plans of the improvements approved by the agency under whose jurisdiction the facility resides, and provide a surety or guarantee to that agency to cover the cost of the improvements; or (2) provide funding to the agency under whose jurisdiction the facility resides, in an amount sufficient to fund the design and construction of the improvements. The decision to pursue option(1) or (2) above shall reside with the agency under whose jurisdiction the facility resides, in consultation with the City of Cupertino. In the event that Applicant can demonstrate to the satisfaction of the Public Works Department that, despite their best efforts, sufficient progress has not been made with the responsible agency, the funding shall be held in a segregated account by the City or in escrow in lieu of the design and construction of the mitigation measure. The funds will be released to the responsible agency once the project is programmed and approved. 40. STREET IMPROVEMENT AGREEMENT The Applicant shall enter into a Street Improvement Agreement with the City of Cupertino providing for payment of fees, including but not limited to plan checking and inspection fees, storm drain fees, and fees for permits. Said agreement shall be executed prior to recordation of a final map. 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. The Street Improvement Agreement will require the following bonds: A. Faithful Performance Bond: 100% of Off-site and On-site Improvements B. Labor & Material Bond: 100% of Off-site and On-site Improvement C. On-site Grading Bond: 100% of site grading and drainage improvements, including retaining walls and shoring facilities. 41. GRADING, DEMOLITION, UNDERGROUND UTILITY WORK, STREET CONSTRUCTION AND CONSTRUCTION HOURS AND NOISE LIMITS: a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. 13 c. Construction, street construction, Grading, underground utility and demolition work and noise limits shall be compliant with requirements of Chapter 10.48 of the City Municipal Code. d. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an Applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. e. The Applicant shall be responsible for educating all contractors and subcontractors of the restrictions on construction, street construction, grading, underground utility, and demolition work. f. The Applicant must obtain an encroachment permit from City prior to commencing any work within the right-of-way. 42. STREET WIDENING AND PUBLIC RIGHT-OF-WAY DEDICATIONS Public street widening, easements, and dedications shall be provided in accordance with City Standards, specifications and policies and as required by the Director of Public Works. Onsite private streets shall be provided with public access as shown on the approved plans. Any closure of private streets must be approved by the Fire Department and shall comply with requirements for fire and public safety access. 43. CALTRANS APPROVAL The Applicant shall coordinate with Caltrans for any work or improvements proposed within Caltrans right-of-way. The Applicant shall provide to the City a letter of approval for the work and applicable encroachment permits issued from Caltrans to perform said work, prior to City approval and issuance of permits for any work within or affecting Caltrans right-of-way. The letter of approval from Caltrans shall explicitly state or depict the work being approved. 44. CURB AND GUTTER IMPROVEMENTS New curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. The Applicant shall close all unused driveway cuts and remove and replace broken or uplifted curb, gutter, or sidewalk as determined by the Director of Public Works. 45. PAVEMENT The Applicant, prior to project completion, shall overlay all streets along the project perimeter, up to half street or more if improvements extend beyond the half street, with 2.5" of rubberized asphalt pavement per Caltrans Standards, and subject to approval by the City Engineer. 14 46. DETACHED SIDEWALK The Applicant shall provide a minimum five-foot wide detached sidewalk along all street frontages where construction shall occur, to the satisfaction of the City Engineer. 47. PEDESTRIAN CROSSWALKS The Applicant shall provide pedestrian crosswalk improvements around the project site. Final crosswalk improvement plans shall be reviewed and approved by the Director of Public Works. 48. COLORIZED BICYCLE LANES The Applicant shall provide colorized bicycle lane pavement along project frontages and at areas of potential vehicular conflict as determined by the Director of Public Works. 49. PEDESTRIAN AND BICYCLE IMPROVEMENTS The Applicant shall provide pedestrian and bicycle related improvements (e.g., walkway and bicycle racks) consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the Director of Public Works. 50. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits may be required. Contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 51. STORM WATER 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. 52. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the Applicant must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 15 53. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing impervious surface that is subject to requirements set forth in section C.3 of the Municipal Regional Stormwater NPDES permit. The Applicant shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures to address storm water quality, on the tentative map, unless an alternative storm water treatment plan that satisfies C.3 requirements, is approved by the Director of Public Works. The Applicant 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 Storm Water Management Plan, Storm Water Management Facilities Operation, Maintenance and Easement Agreement, and certification of ongoing operation 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. 54. EROSION CONTROL PLAN The Applicant shall provide an approved erosion control plan prepared 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. The plan shall also be incorporated as an attachment to the SWPPP and shall be updated and amended as construction phases or site conditions change. 55. WORK SCHEDULE Every 6 months, the Applicant shall submit a work schedule to the City to show the timetable for all grading/erosion control work, as well as work within the right of way, in conjunction with this project. 56. OPERATIONS &MAINTENANCE AGREEMENT The Applicant shall enter into an Operations & Maintenance Agreement with the City, which shall be reviewed and approved by the Public Works Director, prior to final occupancy. The Agreement shall include the operation and maintenance for any non-standard appurtenances in the public right-of-way that may include, but is not limited to, sidewalk, pavers, enhanced landscaping, any landscaping necessary to screen utility cabinets, street trees and streetlights. 57. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works. All connections from the development to the City storm drain system shall occur at 16 manholes,unless approved otherwise by the Director of Public Works. 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), infiltration, evaporation or storm water harvesting facilities, bioretention basins, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten-year peak runoff, to the satisfaction of the Director of Public Works. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 58. FULL TRASH CAPTURE SYSTEM The Applicant will be responsible for installing a full trash capture system/device to capture trash from the onsite storm drain system before the storm water reaches the City owned storm drain system and/or any adjacent creeks or diversion channels. 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). Systems and devices must be approved by the California State Regional Water Quality Control Board (RWQCB) and selected from the San Francisco Bay RWQCB Certified Full Capture System List of Trash Treatment Control Devices which may be viewed at: https://www.waterboards.ca.gov/water issues/programs/stormwater/trash impl ementation.html. The Applicant shall install trash capture devices in all storm drain inlets in the public right of way that are located adjacent to the project. 59. GEOTECHNICAL REPORT Prior to issuance of grading or building permits, the project design-level geotechnical report shall be approved by the City's Geotechnical Consultant. All design criteria and specifications set forth in the design-level geotechnical report shall be implemented as a part of the project. The Applicant will be responsible for providing a geotechnical engineering review letter stating that the final approved set of plans have been reviewed and meet the intent and recommendations of the geotechnical report. Such geotechnical engineering review letter shall be peer- reviewed by a third party geotechnical engineer, the costs which shall be borne by the applicant. 17 60. UNDERGROUND UTILITIES The Applicant shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The Applicant shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. 61. BUS STOP LOCATION The Applicant shall install and/or improve bus shelters/trash receptacles along the Wolfe Road,Vallco Parkway and Stevens Creek project frontages, and as required by VTA. The placement and design of the bus shelters/trash receptacles shall be approved by the Director of Public Works and the VTA. If the Applicant proposes enhanced shelters of a design approved by the City, said shelters shall be maintained and funded by the applicant. In the event that bus shelters are replaced with VTA standard revenue-generating bus shelters, the applicant may not be required to maintain and service these bus shelters. Shelters shall, at a minimum, include the following features: • ADA accessible dimensions • Trash receptacles • Concrete pad per VTA criteria • Real-time information panels • Illuminated line number sign • Schedule, fare, and service • Passenger shelters span information • Benches • Lighting 62. TRAFFIC CONTROL PLAN The Applicant must submit traffic control plans prepared by a Registered Traffic Engineer or Civil Engineer to be approved by the Director of Public Works,for any 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 Director of Public Works prior to commencement of work. The City has adopted the Manual on Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. All permanent striping shall be made of thermoplastic. 63. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 18 64. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the Director of Public Works and shall be of a species and size approved by the City in accordance with Ordinance No. 125. 65. STREAMSIDE PERMIT Prior to issuance of a building permit, the Applicant shall provide plans and information that satisfies the requirements of the Stream Side Development 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 streams and/or water bodies from water quality impacts, coordination with all interested jurisdictional agencies, and the like. 66. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 67. DEDICATION OF UNDERGROUND WATER RIGHTS The Applicant shall"quitclaim" all interests in, and grant to the City authorization to extract water from, the underground strata lying beneath and within the boundary limits of the project's property. 68. ABANDONED WATER WELLS The Applicant shall seal abandoned or unused water wells if the City, in consultation with the Santa Clara Valley Water District, determines that said abandoned or unused water wells have a potential to contaminate the water supply. 69. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. No building permits will be issued by the City for structures or units that would result in the permitted peak wet weather flow capacity through the Santa Clara sanitary sewer system being exceeded. The estimated sewage generation by the project shall be calculated using the sewer generation rates used by the San Jose - Santa Clara Water Pollution Control Plant Specific Use Code & Sewer Coefficient table, and from the City of Santa Clara Sanitary Sewer Capacity Assessment, May 2007, unless alternative (i.e., lower) sewer generation rates achieved by future 19 development are substantiated by the developer based on evidence to the satisfaction of the Cupertino Sanitary District. 70. UTILITY EASEMENTS Clearance approvals from agencies and property owners that have interest in easements on the development property (including PG&E, AT&T, and California Water Company, Cupertino Sanitary District and/or other entities) will be required prior to recordation of Final Map or issuance of building permits for vertical construction,whichever comes first.The Applicant shall provide approval letters and recorded easement documents for any easements needed for occupancy of the project. 71. FIBER OPTIC CONDUIT INSTALLATION A separate 3"fiber optic conduit shall be installed with all joint trench construction and shall be provided to the City for its usage. The fiber optic conduit shall be installed in accordance with plans and specifications approved by the Director of Public Works. 72. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the Director of Public Works. Lighting fixtures shall be positioned so as to preclude 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. 73. SUBDIVISION AGREEMENT The Applicant shall enter into a Subdivision 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 transportation impact fees. Said agreement shall be executed prior to issuance of construction permits 74. SUBDIVISION MAP A final subdivision map shall be recorded prior to issuance of building permits for vertical construction. Map shall include roadway dedications in fee title, grant of public service easements, emergency access easements, and public access easements including access to parcels 316-20-092 and 316-20-088. 75. TRASH, RECYCLING AND COMPOST MANAGEMENT A trash management plan must be prepared and shall show how onsite trash, recycling and compost is to the handled, and shall be to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit and the following must be addressed: 20 a. The City's waste hauler, Recology, has an exclusive franchise agreement to haul all garbage, comingled recyclables, organics, and to provide debris box service. Any additional private haulers and the types of materials that will be hauled from the property shall be identified prior to issuance of any permits. b. The process of how effluent from cleaning central dock locations and cart washing will be managed and discharged shall be provided prior to issuance of building permits. c. Adequate access in and around waste terminals shall be provided for Recology service trucks,including turning radii,roadway widths,backing distances,and overhead clearances d. Include a description of the contingency plan should the compactors be inoperable due to mechanical failure or leakage including how material is transported to alternate bins and where the alternate bins will be located for collection by Recology. e. Include a description of how failure in the valve chamber will be addressed (e.g., how accumulated wastes are removed, transported, and deposited into the compactors). f. Include confirmation that Mulching Materials will be treated separately from Organic Waste and not deposited through the PWS and transported by site personnel. g. Provide information on how, pursuant to Cupertino Municipal Code (CMC) Sections 6.24.037(D/E), all privately(non-Recology)backhauled cardboard and yard waste tonnage (Mulching Materials) will be tracked by the property owner and periodically provided (TBD) to the City upon request. h. Developer shall coordinate with Recology to implement onsite document shredding, e-waste, and recycling events for Vallco residents as needed to serve the development. Developer will be responsible for all costs associated with the events. i. Provide a description of how waste will be managed within the trash collection rooms on the various residential building floors, when chutes are inoperable due to maintenance and/or malfunction. j. Please identify the process of how effluent from cleaning central PWS will be managed and discharged. k. Sufficient holding capacity for a high volume of cardboard, in residential, retail, and commercial trash rooms, shall be provided to alleviate overflow and stacking outside of bins. 1. Waxed cardboard is considered organic waste and shall not be comingled with dry cardboard. Trash management plan shall show how separate bins will be provided for restaurant and other produce receiving businesses in the retail/commercial trash rooms. 21 m. Pursuant to CMC Section 6.24.030, all nonresidential customers' solid waste, if bagged, shall be in clear plastic bags. n. Please identify how used cooking oil will be managed from restaurants or other fats, oil, grease (FOG) producing businesses. o. Per Recology's review and estimate of the projected compactor hauls, an additional route may be needed once the project is complete. Developer shall coordinate with Recology regarding the need for an additional service route and will be responsible for all associated costs. 76. WASTE TRIOS Permanently installed waste trios including cigarette butt urns which are designed for exterior use are required and must be included on the plans. Waste trios are outdoor receptacles positioned side-by-side which are clearly labeled recycling, compost, and landfill and include covers to prevent rainwater intrusion. An example of waste trios may be viewed online at: www.cupertino.org/greendev. The trios must be situated on private property adjacent to the sidewalk for patron and pedestrian use. A manufacturer specification sheet including size, color, and style of the trios and cigarette butt urns shall be submitted with the resubmittal for review by Planning and Environmental Programs Division staff. Waste trios/urns should match outdoor furniture and furnishings. 77. STORM DRAIN INLETS All exterior storm drain inlets, including bioretention area overflow catch basins and linear trench drains must be treated with full trash capture systems to prevent litter from entering the City's storm drain system and/or any adjacent creeks or diversion channels. Systems and devices used must be approved by the California State Regional Water Quality Control Board (RWQCB) and selected from the San Francisco Bay RWQCB Certified Full Capture System List of Trash Treatment Control Devices Please include at the time of building permit submittal, the manufacturer specification sheet for all trash capture systems included with the project. As a condition of approval, the systems must be installed and maintained (cleaned) in accordance with the project SWMP, manufacturer specifications, and provisions of the California RWQCB San Francisco Bay Region Municipal Regional Stormwater NPDES Permit. The property owner must provide official written record of cleaning and maintenance to the City upon request. All exterior storm drain inlets on the parcel must be clearly marked with, "No Dumping Flows to Creek" or "No Dumping Flows to Bay." An example of drain inlet markers may be viewed at the following: www.cupertino.org/greendev. 22 78. USE OF COPPER Copper metal roofing, copper granule containing asphalt shingles, copper gutters and downspouts, and/or other exterior ornamental copper are not permitted for use on any commercial or industrial building. 79. WASTE MANAGEMENT PLAN A completed Construction and Demolition (C&D) Waste Management Plan must be submitted at the time of demolition and/or building permit issuance. Since both demolition and construction permits will be issued, C&D Waste Management Plans must be submitted for each permit. C&D Recycling Waste Management Reports must be submitted prior to final approval of the demolition and building permits demonstrating a minimum of 65% of the C&D waste has been diverted from landfill and recycled, or the most current approved diversion rate. A schedule for demolition and construction must be reflected on the C&D Waste Management Plans. Furthermore, pursuant to CalGreen Section 5.408.3, 100% of excavated soil and land clearing debris shall be reused or recycled. Please note that C&D debris box service may only be obtained from Recology,the City's franchised waste hauler. C&D Recycling information and reports may be downloaded at www.cupertino.org/greendev 80. COMPLETION OF SITE IMPROVEMENTS All site improvements shall be completed for each phase prior to issuance of final occupancy permits for structures constructed in conjunction with that phase, unless approved otherwise by the Building Official. 81. PROJECT IMPLEMENTATION REQUIREMENTS Compliance with the following Project Implementation Requirements shall ensure that the Approved Plans dated March 23, 2022, as modified by the Applicant's resubmissions, adhere to the requirements of Government Code Section 65913.4. 82. PREVAILING WAGE AND SKILLED AND TRAINED WORKFORCE CERTIFICATION Pursuant to Government Code Section 65913.4(a)(8), the applicant shall provide all required certifications to the City relative to the payment of prevailing wage, the use of a skilled and trained workforce as that term is defined by Public Contract Code Section 2600 et seq. and/or compliance with a project labor agreement pursuant to Public Contract Code Section 2500(b)(1). 83. RESIDENTIAL AMENITY SPACES To ensure compliance with Government Code Section 65913.4 (a)(2)(C), which requires two-thirds of the square footage of the development be designated for 23 residential use, the use of and services offered within the residential amenity spaces is subject to review and approval by the City prior to issuance of building permits. 84. CONSTRUCTION PHASING/ADHERENCE TO SB 35 TWO-THIRDS RESIDENTIAL REQUIREMENT The last certificate of occupancy for non-residential construction shall not be issued until the Applicant demonstrates that two-thirds residential square footage is constructed to ensure consistency with Government Code Section 65913.4(a)(2)(C) and that at least 50 percent of residential units are affordable to low income households, as defined in Government Code section 65913.4(k). 85. PROJECT MODIFICATIONS Any requested project modification shall be processed according to subdivisions (c), (d), and/or (g) of Government Code section 65913.4, as applicable. Any proposed modification shall be reviewed for compliance with the requirements of Government Code section 65913.4(a) and shall be denied if the proposed modification fails to meet those requirements. The foregoing does not limit the City's rights to take enforcement action,including permit revocation,if at any time it is determined that the Project does not comply with these Conditions of Approval or the requirements of Government Code section 65913.4. 24