2.3 Summary of Developer and City Roles in
the DAP Process
Developer shall submit all DAP Applications to the
Priority Project Manager in accordance with these
DAP Procedures and will work with the Priority
Project Manager to obtain City input in the formula-
tion of a DAP Application in advance of the required
submission of the DAP Application. The Priority
Project Manager shall coordinate with the Executive
PCC and applicable City Staff for scheduling of such
requested meetings and consultation.
Once received, the Priority Project Manager shall
distribute the DAP Applications to the Executive PCC
members, each of whom will in turn distribute the
DAP Applications to key staff and third-party consul-
tants within their respective departments. Each City
Department shall assign key technical experts to the
Project to maintain consistency and continuity of ap-
plication reviews throughout the Project to the extent
feasible. The Priority Project Manager shall coor-
dinate with the Executive PCC, City Staff and any
third-party consultants that any of the foregoing par-
ties require (including third-party consultants iden-
tified and engaged by or through the Priority Project
Manager) to review all DAP Application submittals
for completeness and shall evaluate complete DAP
Applications for consistency with the Development
Requirements and all Applicable Regulations.
Executive PCC members shall provide any comments
related to the applicable City Department’s jurisdic-
tion to the Priority Project Manager within the time
required by these DAP Procedures.
Whenever Approval or any other action is required
by the Planning Commission or City Council, the
Priority Project Manager shall submit such matter
to the Planning Commission and/or City Council
in accordance with the time required by these DAP
Procedures and the time required for notice of public
hearings. With regard to any public hearings and
presentations relating to the Project, Developer shall
cooperate with, prepare materials for, and participate
in presentations to the Planning Commission and
City Council, as applicable and as desired by City
2.4 Subdivision Map Review
The review and approval of DAP Applications are
in addition to and do not waive the requirements for
approval of tentative, final and/or parcel maps under
the Subdivision Map Act and the City’s Municipal
Code related to Subdivisions (Development Code,
Chapter 17.05). The City’s consideration and approval
or disapproval of Developer’s applications for such
maps shall be done in accordance with the procedures
set forth in the City’s Development Code.
2.5 Other Governmental Approvals
Nothing contained in these DAP Procedures is
intended to eliminate or alter the process or approval
requirements set forth under applicable provisions
of state or federal law or the regulations of other
Governmental Entities, as applicable, with respect to
any development at the Project Site.
Any applicable Santa Clara Police Department
permits, either currently required or required at
any point in the future, shall be obtained prior to
246
initiation of applicable uses, such as massage, alcohol, event, entertainment, etc.
2.6 Review Periods.
2.6.1.1 Calculation of Days.
All review periods specified in these DAP
Procedures shall refer to business days and not
calendar days unless expressly stated otherwise. All
review periods shall commence on the business day
immediately following the day of submission.
2.6.1.2 Extensions for CEQA.
Notwithstanding anything to the contrary herein,
any review periods specified herein shall be extended
to accommodate subsequent or supplemental envi-
ronmental review to the extent required under the
California Environmental Quality Act.
2.6.1.3 Relationship to Schedule of
Performance Under the DDA.
The DDA requires the Developer to comply with
certain obligations in accordance with the Schedule of
Performance. The DDA provides that the Schedule of
Performance shall be automatically extended under
certain circumstances to account for delays caused by
the City’s failure to comply with its times for review
and approval under these DAP Procedures and to
allow Developer to respond to certain matters as
contemplated under Sections 2.7.2.6(ii) and 3.3.2(d)
hereunder.
2.7 Development Area Plan Approvals
Developer shall submit DAP Applications for
ultimate consideration and approval by the City
Council as set forth in the DDA and this Section 2.7.
The purpose of the DAP approval is for the City to
confirm that the DAP Application conforms to and is
consistent with the MCP and applicable Development
Requirements and for Developer to obtain approval
by the City of the additional information included
in a DAP Application that has not been previously
reviewed or approved by the City. Subject to consis-
tency with the MCP and Development Requirements,
there shall be no minimum acreage requirement for
property that is subject to the DAP Application.
2.7.1 Application Process
2.7.1.1 Pre-Submission Conference
Prior to submitting a DAP Application,
Developer may, at its election, submit to the Priority
Project Manager drafts of the materially important
submittals of the type listed for DAP Applications
in Exhibit 2 and any other data as Developer shall
so desire concerning the applicable Phase or Partial
Phase. Upon receipt of such pre-submission mate-
rials, the Priority Project Manager shall coordinate
with Executive PCC members and/or identify techni-
cal experts among the City Staff that will be charged
with review the DAP Application. Within twelve (12)
business days after receipt of such pre-submission
materials, Developer, the Priority Project Manager
and applicable City Staff and/or members of the
Executive PCC identified by the Priority Project
Manager shall hold at least one pre-submission
conference at a mutually agreeable time, during
which such City Staff shall preview their key issues
and concerns with respect to their review of the DAP
Application and provide preliminary feedback on the
pre-submission materials. Developer may submit
information and materials iteratively, and Developer
and the Priority Project Manager may agree to hold
such additional pre-submission conferences as they
may deem useful or appropriate.
2.7.1.2 Submission
Developer shall submit a DAP Application
to the Priority Project Manager (12 copies for City
review and any additional copies requested by the
Priority Project Manager to the extent needed for
review by third-party consultants), together with
any applicable fees. Unless a more limited submis-
sion is otherwise approved by the Director, all DAP
Applications shall include all of the documents and
247 CITYPLACE SANTA CLARA | MASTER COMMUNITY PLAN materials described for DAP Applications in Exhibit
2. The Priority Project Manager shall distribute a
copy of the DAP Application to the Executive PCC
and any third-party consultants identified by Priority
Project Manager as soon as possible upon receipt.
2.7.2 Review by City
2.7.2.1 City Review - Initial
The Executive PCC shall coordinate with their
key staff the review of each DAP Application as expe-
ditiously as reasonably possible for conformance with
the Development Requirements and MCP and report
to the Priority Project Manager. Within fifteen (15)
business days following receipt of a DAP Application,
the Priority Project Manager, following consultation
with the Executive PCC, shall (i) compile, edit as
necessary for consistency, and distribute to Developer
all comments received from City Staff, through the
Executive PCC, to date with respect to the DAP
Application and (ii) notify Developer in writing of
either:
(a) any deficiencies in the DAP Application and
requests for additional information or materials that
are reasonably necessary in order to process the DAP
Application under these DAP Procedures and are con-
sistent with the type of documents listed in Exhibit 2
for DAP Applications, such that the DAP Application
is not a Complete Application; or
(b) a determination that the DAP Application is a
Complete Application, accompanied by a set of prelim-
inary comments on the DAP Application compiled by
the Priority Project Manager.
If deficiencies are identified, Developer shall promptly correct any such deficiencies and provide any such
requested information and materials, following
receipt of which the Priority Project Manager shall
have fifteen (15) business days to notify Developer
in writing whether deficiencies persist or the DAP
Application is a Complete Application consistent with
this Section 2.7.2.1. If the Priority Project Manager
does not so advise Developer within such fifteen (15)
business-day period, Developer may submit a subse-
quent request for determination of completeness to
the Priority Project Manager and the City Attorney
by certified mail, which request shall be labeled
prominently: “Second Request: Application Deemed
Complete Matter.” If City fails to respond to the
subsequent request within fifteen (15) business days,
then the DAP Application shall be deemed a Complete
Application and all time periods for City review shall
run from the date of such deemed completeness.
Notwithstanding the foregoing, a determination that
a DAP Application is deemed a Complete Application
shall not prevent the Priority Project Manager from
requesting such additional materials as the Priority
Project Manager determines are reasonably neces-
sary for the City's review of the DAP Application in
accordance with these DAP Procedures.
2.7.2.2 City Department Review –
Complete DAP Application
As soon as practicable but in no event more than
three (3) business days after the determination that a
DAP Application is a Complete Application or within
three (3) business days after the date that such DAP
Application is deemed a Complete Application, the
Priority Project Manager shall submit such Complete
Application, or applicable portions thereof, to the
Executive PCC for distribution to the applicable City
Departments, any other Governmental Entities con-
sulted by the City, and any third-party consultants
identified by Priority Project Manager or Executive
PCC members. From time to time after the initial
application submittal, the Priority Project Manager
may request additional copies of complete or partial
plan sets for distribution to reviewing entities noted
above that represent additional reviewing parties.
Developer shall submit such additional plan sets
within three (3) business days from request, with any
additional days beyond such three (3) business day
period being added on a business day for business day
basis to the review time line in Section 2.7.2.3. Each Executive PCC member will coordinate review by key
248
technical staff within its respective department for
consistency with the Development Requirements and
Applicable Regulations.
2.7.2.3 City Review - Complete DAP
Application
Each member of the Executive PCC will co-
ordinate with key staff to review each Complete
Application as expeditiously as reasonably possible
and to provide any comments on the submittal within
twenty-two (22) business days of their receipt of the
submittal. The Priority Project Manager shall con-
vene one or more meetings of the Executive PCC to
receive comments generated from this review process
and to resolve conflicts to the extent necessary. As
promptly as reasonably feasible, but in no event later
than thirty-two (32) business days after the date the
DAP Application is Complete, the Priority Project
Manager shall provide Developer with a summary
of City comments on the DAP Application, reason-
ably compiled and edited as necessary for clarity
and consistency, and any other comments by other
Governmental Entities and community organizations
consulted by the City. The City comments provided
by the Priority Project Manager may include requests
for additional information or changes to a Complete
Application that do not conflict with the Development
Requirements. If changes are proposed, then the
Developer, the Priority Project Manager and other
City Staff as the Priority Project Manager requests
shall promptly meet and confer in good faith to reach
agreement on any such changes, provided, however,
that in no event shall the total time from the date of
a Complete Application to submittal of a staff rec-
ommendation to the Planning Commission exceed
sixty (60) business days, unless otherwise agreed
to by Developer and the Priority Project Manager,
provided, however, that if the Priority Project
Manager reasonably requests additional materials
from Developer in connection with its review of the
Complete Application and Developer does not furnish
such materials within five (5) business days, such
sixty (60) business-day period shall be extended on a
business-day-for-business-day basis until the date on
which Developer furnishes such materials.
2.7.2.4 Planning Commission
Recommendation
As promptly as reasonably feasible, but in no
event later than the expiration of the sixty (60) busi- ness-day period specified above (as may be extended
as set forth above), the Director shall submit to the
Planning Commission the Complete Application and
a written staff report (which may contain a staff rec-
ommendation) concerning the DAP Application. The
Planning Commission may hear the DAP Application
and make a recommendation to the City Council
within twenty-two (22) business days after the sub-
mittal date. The scope of the Planning Commission’s
review and recommendation shall be limited to the
DAP approval standard set forth in Section 2.7.2.6 .
Consideration of DAP Applications by the Planning
Commission shall include notification to surrounding
property owners and neighbors pursuant to SCCC
Section 18.112.060.
2.7.2.5 City Council Approval
As promptly as reasonably feasible following
the earlier to occur of (i) the Planning Commission’s
hearing and/or recommendation or (ii) the expiration
of the twenty-two (22) business-day period for review
under Section 2.7.2.4 without Planning Commission
hearing and/or recommendation, the Director shall
submit the Complete Application to the City Clerk for
review and consideration by the City Council at a pub-
lic meeting held within twenty-two (22) business days
after such Complete Application is submitted, unless
Developer consents to an extension of such period
(including continuances). At the public meeting, the
City Council shall approve, approve with conditions,
or deny the DAP Application.
Consideration of DAP Applications by the City
Council shall include notification to surrounding
249 CITYPLACE SANTA CLARA | MASTER COMMUNITY PLAN property owners and neighbors pursuant to SCCC
Section 18.112.060.
2.7.2.6 City Review - Approval Standard
In order for the City Council to approve or
conditionally approve a DAP Application, the City
Council, in its reasonable discretion, must find that
(1) the DAP Application conforms to and is consis-
tent with the applicable Development Requirements
and the MCP, (2) the Infrastructure that Developer
proposes to construct in connection with the applica-
ble Phase or Partial Phase that is the subject of the
DAP Application is sufficient to serve the proposed
development on the subject property, and (3) the
proposed shared outdoor space provided for the appli-
cable Phase or Partial Phase in accordance with the
MCP is reasonable and appropriate to the proposed
level of development. In its consideration of the DAP
Application, the City Council may alter or supersede
previously imposed conditions of approval (whether
related to the MCP, a prior DAP, or otherwise) so long
as they are consistent with the foregoing standards of
approval and acceptable to Developer .
(i) If a DAP Application is disapproved by
the City Council, then the City Council shall, at the
public hearing during which the DAP Application is
being considered, state the basis for the disapproval.
The Council shall, at its discretion, memorialize the
findings for the disapproval in a resolution at that
same meeting, or at a subsequent meeting, or direct
the Director to summarize the findings in writing
after the hearing. Following any disapproval of a
DAP Application, Developer may within sixty-five (65)
business days following receipt by Developer of such
resolution or summary (subject to such extensions as
may be approved by the Director) make changes to
and resubmit the DAP Application. Promptly follow-
ing the City’s receipt of a revised DAP Application,
the Priority Project Manager shall submit such
revised DAP Application in accordance with the pro-
cedure set forth in this Section 2.7.2.
2.7.2.7 Amendments to DAP Approvals
Developer may apply to the City for an amend-
ment to a DAP approval in accordance with the
standards and procedures for a DAP Application.
All proposed amendments shall be subject to review
and consideration by the Director, unless he or she
determines that the proposed amendment is mate-
rial. The Director shall have reasonable discretion
in determining whether or not an amendment is
material, provided, however, that in no event shall
an amendment be considered material if it increases
or decreases by no more than ten percent any of the
numerical standards set forth in the MCP, including,
without limitation, standards related to any of the
following: Site Coverage, Maximum Building Heights
(subject to compliance with applicable FAA regula-
tions), Setbacks, Vehicle/Parking/Servicing Access,
Pedestrian/Bicycle Accommodations, Active Street
Frontages and Open Space and Amenities (collective-
ly, the “MCP Standards”). Conversely, an amendment
shall be considered material if it (i) increases any of the numerical MCP Standards by more than twen-
ty-five percent or (ii) reduces the proposed number of
parking spaces by more than twenty-five percent be-
low the applicable supply ratios specified in the MCP.
If the Director determines that the amendment is
material, he or she shall submit the proposed amend-
ment for City review and approval in accordance with
the standards and procedures set forth in Sections
2.7.2.2 through 2.7.2.6.
3. ARCHITECTURAL REVIEW
3.1 WHEN ARCHITECTURAL REVIEW IS
NOT REQUIRED.
Notwithstanding SCCC 18.76.020 (Architectural
review process), no review by the City's Architectural
Committee or under Section 3.3 below shall be re-
quired for the issuance of any approvals or Building
Permits for any Building within the Project Site if the approved DAP Application included, at Developer’s
option, all of the materials listed in Exhibit 2, Section
1.8 (“Architectural Materials”) with respect to that
250
particular Building. In such case, the provisions of
Sections 3.2 and 3.3 below shall not apply. If the DAP Application did not include a complete submission of
the Architectural Materials, this Section 3.1 shall not apply and the DAP Application shall undergo archi-
tectural review in accordance with Section 3.2.
3.2 WHEN ARCHITECTURAL REVIEW IS
REQUIRED.
Except as otherwise provided in Section 3.1 above,
no Building Permit for any Building within the
Project Site shall be issued, and no structure or build- ing shall be constructed or used in any case herein-
above mentioned unless Architectural Materials have
been approved by the Director (or the City Council,
upon appeal) and no appeal or review is pending and
the time to appeal has expired. In the event of an
appeal by Developer or Others Affected, or action to
review is taken by the City Council, no such permit
shall be granted until the matter has been finally
acted upon and final approval has been received.
All buildings, structures, and grounds shall be in
accordance with the plans and drawings as finally
approved. Notwithstanding the foregoing, signage
shall be reviewed and approved by the Director or his
or her designee, in accordance with the Master Sign
Program established for each Phase.
3.3 REVIEW OF ARCHITECTURAL
MATERIALS
3.3.1 City Review - Initial
The Priority Project Manager shall process each
Architectural Review Application as expeditiously
as reasonably feasible using the same procedures
described for a DAP Application for a Phase or Partial
Phase in Section 2.7.2.1, including but not limited to
the “deemed completeness” concept described there-
in. An Architectural Review Application shall not
be deemed a Complete Application for purposes of
the review periods set forth below until the Priority
Project Manager notifies Developer in writing that
it is a Complete Application and the review periods
shall commence on the date of such notification.
3.3.2 City Review – Action on Complete
Architectural Review Application
(a) The Director shall render a decision on
any Architectural Review Application within twen-
ty-eight (28) business days following the determina-
tion that such Architectural Review Application is
a Complete Application, except where the Developer
consents to an extension of time.
(b) The authority for approval of any
Architectural Review Application in accordance with
the provisions of this Section 3 is imposed upon the
Director (and his or her designees), and the action
thereon by the Director shall be final and conclusive,
except in the event of an appeal and referral as here-
inafter provided.
(c) The Director (or his or her designee)
shall review each Architectural Review Application
and shall approve such application in writing if the
Director determines, in the Director’s reasonable
discretion, that the Architectural Materials conform
to and are consistent with the applicable design
requirements and standards of the MCP and the
Development Requirements. In the event Developer
or Others Affected are not satisfied with the decision
of the Director, he or she may within five (5) business days after such decision appeal in writing to the City
Council in accordance with the procedures set forth
in SCCC 18.108.060.
(d) If an Architectural Review Application
is disapproved by the Director, the Director shall
state the basis for the disapproval, which basis
shall be summarized in writing by the Director and
delivered to Developer within twelve (12) business
days of the decision date. Following any disapproval
of an Architectural Review Application, Developer
may make changes to and resubmit the Architectural
Review Application at any time. A revised
Architectural Review Application that is deemed a
251 CITYPLACE SANTA CLARA | MASTER COMMUNITY PLAN Complete Application shall be processed in accor-
dance with the procedure set forth in this Section
3.3.2. 3.3.3 Amendments to Architectural Review
Application Approvals
Developer may apply to the City for an amend-
ment to an approved Architectural Review
Application in accordance with the same standards
and procedures for review of an Architectural Review
Application set forth in this Section 3.3.
4. GOVERNMENT REQUIRED PROVISIONS,
CHANGES
Where a change in a Complete Application is required
by a City Department or other Governmental Entity
where such City Department or Governmental Entity
has authority to require such change pursuant to
either applicable state or federal law or, in the case
of City Departments, pursuant to the Development
Agreement, the City and the Developer acknowl-
edge and agree that: (i) they will meet and confer
and make every reasonable effort to respond to such
requirement in a manner that is consistent with
the Development Requirements, MCP and applica-
ble State and federal law and (ii) the City will not
deny its Approval of any change that is required to
comply with applicable state or federal law or the
requirements of City Departments and Governmental
Entities so long as such change does not conflict with
the Development Requirements.
252
EXHIBIT 1
Definitions
“ Additional Initial Buildings” means,
in addition to the Minimum Initial Buildings, an
additional 200,000 square feet of office, retail and/or residential Buildings in Phase 1, and an additional
230,000 square feet of office, retail and/or residential Buildings in Phase 2, as more particularly described
in the DDA.
“ Additional Retail Buildings” means
an aggregate of one million five hundred thousand
(1,500,000) square feet of retail, within Phases 2 and
3, as more particularly described in the DDA.
“ Architectural Materials ” as defined
in Section 3.1.
“ Applicable Regulations” as defined
in the Development Agreement.
“ Architectural Review Application”
as defined in Section 1.
“ Building Permit” means a building
permit issued by Building Inspection Division pursu-
ant to the City’s Building Code.
“Buildings” means each physical structure located
within a Phase that is intended for human occupancy
or the conduct of a business, including but not limited to hotels, retail and office space, parking structures
and apartments.
“ City” as defined in the Preamble.
“ City Departments” mean all City de-
partments having permitting or review authority over
the Project Site.
“ City Staff ” means employees of the
City or other City staff or outside consultants re-
tained and authorized by the City to review and/or
approve Applications under these DAP Procedures on
behalf of the City.
“ Complete Application” means, with
respect to a DAP Application or an Architectural
Review Application, the submission of all documents
and materials in such detail as is required under the
DDA and these DAP Procedures for such Application.
“ DAP” as defined in Section 1.
“ DAP Application” as defined in
Section 1.
“ DAP Procedures” as defined in the
Preamble.
“ DDA” means that certain Disposition
and Development Agreement by and between the City
and Master Developer.
“ Developer” means the Master
Developer or applicable Phase Developer submitting a
DAP Application.
“ Development Agreement” as defined
in the Preamble.
“ Development Requirements"
means (i) the Project Approvals, (ii) the Transaction
Documents and (iii) the documents approved under
these DAP Procedures, as they may be amended from
time to time.
“ Executive Project Clearance
Committee” or “Executive PCC” as defined in
Section 2.2.
“ Governmental Entity” means all
federal, state, local and/or regional governmental and
quasi-governmental bodies and authorities other than
the City, including departments, agencies, boards and
councils, and any political subdivision, public corpo-
ration, district or other political or public entity or department thereof having or exercising jurisdiction
over City, Developer or the Project or the Project Site, or such portions thereof as the context indicates.
253 CITYPLACE SANTA CLARA | MASTER COMMUNITY PLAN “ Ground Lease” means a ground lease
between City and the applicable Phase Developer.
“ Infrastructure ” means those items
identified in the Infrastructure Master Plan including
open space improvements (such as park improvements
and restrooms), streets and transportation improve-
ments, sewer and storm drainage systems, water
systems, traffic signal systems, dry utilities and other improvements any of which are to be constructed in
or for the benefit of the applicable real property or any other matters described in the Infrastructure Master
Plan. Infrastructure does not include Buildings.
“ Major Department Store” means a
department store of 100,000 gross square feet or larg-
er with middle to high price points in terms of caliber of merchandise.
“ Master Developer” means Related
Santa Clara, LLC, a Delaware limited liability
company.
“ MCP” as defined in the Preamble.
“ Minimum Initial Buildings ” means
(i) not less than 600,000 square feet of office, hotel
and/or retail Buildings in Phase 1, which shall in -
clude a minimum of a 300-key (or larger) hotel other
than an extended stay hotel and 50,000 square feet
of retail uses; and (ii) not less than 750,000 square
feet of Buildings in Phases 2 and 3 combined, consist-
ing of (x) 500,000 square feet of Retail, (y) 200,000
square feet of office and/or a 300-key (or larger) hotel, and (z) not less than two hundred (200) residential
units in the aggregate in Phases 1 and 2, as more
particularly described in the DDA.
“ Minimum Retail Buildings ” means
(i) not less than 50,000 square feet of retail Buildings in Phase 1 and (ii) not less than 750,000 square feet
of retail Buildings in the aggregate in Phases 2 and
3, as more particularly described in the DDA.
“Others Affected ” are anyone with a
property interest in land located within 1,000 feet
(but outside the boundaries of the MCP) of the site for which architectural review is approved. These enti-
ties may appeal an Architectural Review approval.
“ Outside Date” means the last date
by which a particular obligation may be satisfied, as
such date is set forth in the Schedule of Performance.
“ Partial Phase” means a proposal to
develop less than all of the land within the boundar-
ies of a particular Phase.
“ Phase” means, individually or collec-
tively as the context requires, each parcel or parcels
designated as a Phase of development by Master
Developer from time to time under the DDA.
“ Phase Developer” means the tenant
under a Ground Lease for a particular Phase.
“ Planning Department ” means the
Planning Department of the City, or any successor
public agency designated by or under law.
“ Priority Project Manager” as defined
in Section 2.2.
“ Project” as defined in Section 2.2.
“ Project Approvals” means, collective-
ly, the following actions taken by the City following
certification of the Environmental Impact Report for
the City Place Project:
i. adoption of a Resolution rezoning
the Property as PD-MC and adopting the MCP and
Infrastructure Master Plan;
ii. adoption of amendments to the
General Plan, including a new General Plan land
use classification of Urban Center/Entertainment
District; an amendment to the Climate Action Plan
setting forth vehicle trip reduction targets for the new classification; and an amendment revising city-wide
limitations on office development ;
254
iii. adoption of a Resolution approving
the DDA; and
iv. adoption of an Ordinance approving
the Development Agreement.
“ Project MMRP” means the Mitigation
Monitoring and Reporting Program for the City Place
Project, attached as an exhibit to the DDA.
“ Project Site” means the property that
is the subject of the CityPlace Santa Clara Master
Community Plan.
“ Schedule of Performance” means
the schedule of performance attached as an exhibit
to the DDA, as such schedule of performance may be
updated, amended or extended by any delay in accor-
dance with the DDA.
“ Take Down” means the City and
Master Developer or a Phase Developer designated by
Master Developer entering into a Ground Lease for
the parcels within a particular Phase.
“ Transaction Documents ” means the
(1) DDA, (2) the Development Agreement, (3) Ground
Leases and related conveyance agreements governing
the development of the Project Site in accordance with
the DDA, and (4) other necessary transaction docu-
ments for the conveyance, management and redevel-
opment of the Property.
255 CITYPLACE SANTA CLARA | MASTER COMMUNITY PLAN EXHIBIT 2
Documents to be Submitted for DAP
Applications
During each stage of the project design review pro-
cess set forth in these DAP Procedures, the Director
and the Developer may mutually approve changes to
the type and scope of documents set forth in these
DAP Procedures for a particular Application, in order
to ensure consistency with standards and guidelines
in the Development Requirements.
Subject to consistency with the MCP and
Development Requirements, there shall be no mini-
mum acreage requirement for property that is subject
to the DAP Application. The Development Area Plan
application shall include the following information,
subject to the satisfaction of the Director:
1.1. Written Narrative of Compliance with MCP
A written statement regarding: (a) the proposed land
use program, including the total dwelling units, if
any, in the plan by type (such as multi-family and the
like), the square footage of nonresidential uses and a
parking calculation of required and proposed spaces
by use, and opportunities for shared parking; (b) how
the DAP conforms with the MCP; (c) a summary of
material conditions that must be satisfied under the
DDA in connection with the applicable Phase; (d) a
description of the Infrastructure that will be provided in connection with the applicable Phase or Partial
Phase by reason of geographic adjacencies or need to
serve the Phase or Partial Phase; and (e) contextual
information about the area surrounding the Site, if
requested by the Director.
1.2. Data Charts
Each submittal shall include the following data
charts:
1.2.1. Program of uses and approximate aggre-
gate square footage of such uses, including open
space, including indication of whether such uses
are permitted or conditional;
1.2.2. Estimated Phase aggregate develop-
ment in relation to the total allowable building
program;
1.2.3. Anticipated building heights;
1.2.4. A parking data table;
1.2.5. Status of overall development build-out
for previous Phases, if any;
1.3. Site Plan
The Site Plan will pertain to the total area of
development and improvement included in the
Phase. A Site Plan or Plans as needed (at a
scale of l” = 100’) should conceptually indicate:
1.3.1. Location of potential uses;
1.3.2. Phase blocks, parcel boundaries and
dimensions to the extent reasonably known or
anticipated;
1.3.3. Location of public property (i.e., sites
that will either not be conveyed via Ground
Lease to Developer, or will be conveyed to
Developer and conveyed back to City upon
Completion of applicable Infrastructure);
1.3.4. Generalized lot coverage, floor area ratio,
and conceptual diagrams of massing, height and
bulk of future buildings illustrated in neighbor-
hood-wide plans, sections and three dimensional
figures.
1.3.5. Planned public and private shared
outdoor open space, within and surrounding the
proposed Phase; and
1.3.6. Diagram of proposed roads and side-
walks separating blocks, and, to the extent
known, mid-block alleys and pedestrian and
bicycle connections and pathways;
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1.4. Development Obligations
The following materials as required under the
DDA:
1.4.1. In connection with the Phase 1 DAP,
the location, construction schedule and
Architectural Materials Documents for the
Temporary Station Site (DDA, Section 5.3.1);
1.4.2. In connection with the DAP for such
Phase, the location and square footages of: the
Minimum Initial Buildings within Phase 1 or
Phase 2, as applicable, the Minimum Retail
Buildings within Phase 1, 2 or 3, as applicable
(DDA Section 5.3.2 and 5.3.4), and a minimum
of 200 residential units within Phase 1, 2 or 3,
as applicable;
1.4.3. In connection with the DAP for such
Phase, the proposed location and square footag-
es of the Additional Initial Buildings that could
be satisfied under the best efforts standard
of the DDA within Phase 1 or 2, as applicable
(DDA Section 5.3.3);
1.4.4. In connection with the DAP for such
Phase, the proposed location and square footag-
es of the Additional Retail Buildings that could
be satisfied under the best efforts standard
of the DDA within Phase 2 or 3, as applicable
(DDA Section 5.3.5).
1.4.5. For all obligations that can be satisfied
among two or more Phases (i.e., the Minimum
Retail Buildings, the best efforts requirements
for the Additional Retail Buildings, and the
best efforts requirements for Major Department
Stores), the DAP for Phase 2 shall indicate
whether or not each of the Additional Retail
Buildings will be included in Phase 2, or if part
of such Development Obligation will be deferred
to Phase 3. (DDA Section 5.4.1).
1.4.6. In connection with the DAP for such
Phase, the proposed location and square
footages of the Major Department Stores that
could be satisfied under the best efforts stan-
dard of the DDA within Phase 1, 2 or 3, as
applicable (DDA Section 5.3.6);
1.4.7. The DAP for Phase 3 shall indicate
how any of the Additional Initial Buildings,
Additional Minimum Buildings or Major
Department Stores that may be allocated to City
Center Phase 3 will be met within Phase 3, to
the extent that such City Center Buildings have
not been previously satisfied by the inclusion
of Improvements within the DAPs for Phases 1
and/or 2, as applicable. (DDA 5.4.2).
1.4.8. A summary of the uses and square foot-
ages of Minimum Initial Buildings, Minimum
Retail Buildings, Additional Initial Buildings,
Additional Retail Buildings and Major
Department Stores that have been constructed
to date, the proposed square footages of such
categories of buildings to be constructed under
the proposed DAP Application and the remain-
ing balance to be constructed in future Phases.
(Phases 1-3 only).
1.4.9. A Parking Management Plan to be
updated with each DAP Application in accor-
dance with DDA Section 5.5 that will show how
at least 3,000 parking spaces will be accom-
modated on the entire Project Site including
City-controlled property that has not yet been
Taken-Down to serve non-NFL events at Levi’s
Stadium on a non-reserved basis.
1.5. Signage Plan
The DAP Application for Phase 1 will include com-
prehensive signage standards for all of Phases 1, 2
and 3. The first DAP Application submitted for each
successive Phase after Phases 1, 2 and 3 will include
comprehensive signage standards for the entire appli-
cable Phase.
257 CITYPLACE SANTA CLARA | MASTER COMMUNITY PLAN
1.6. Tentative Subdivision Map
A tentative subdivision map or vesting tentative map
that includes the property within the development
area plan area.
1.7. Topography
A map showing the existing topography of the dis-
trict at one-foot contour intervals, if required by the Director.
1.8. Architectural Materials
At Developer’s option and to the extent known,
the following Architectural Materials:
1.8.1. Preliminary elevations of all proposed
structures drawn to scale. The purpose of such
drawings is to indicate the building heights,
materials, fenestration, colors, and the gener-
al appearance of the existing and/or proposed
structures consistent with the MCP design
standards and guidelines;
1.8.2. A proposed plot plan for the applica-
ble Building site showing the existing and/or
proposed buildings (indicating maximum and
minimum distances between buildings, between
building and property or building site boundar-
ies, percentage of building coverage and percent-
age of landscaping, if applicable), paving and
areas to be landscaped;
1.8.3. A parking and/or loading plan drawn to
scale;
1.8.4. Preliminary floor plans of the proposed
structures;
1.8.5. Preliminary landscaping plan;
1.8.6. Fencing, trash disposal and recycling
storage areas;
1.8.7. Preliminary stormwater treatment plan;
and
If Developer does not submit the foregoing
Architectural Materials, then the provisions
of Sections 3.2 and 3.3 of the DAP Procedures
shall apply.
1.9. Infrastructure Plans and Documents
Illustrative concept plans for Infrastructure shall
be submitted for both transportation systems and
utilities within the Phase and shall correspond to
any Improvements to be provided with the applicable
tentative subdivision map.
1.9.1. Roadways, including identifying pro-
posed public and private ownership.
1.9.2. Transit.
1.9.3. Pedestrian routes and improvements, in-
cluding identifying proposed public and private
ownership.
1.9.4. Bicycle lanes and improvements.
1.10. Open Space
Conceptual drawings and data charts showing acre-
ages and uses for all proposed open spaces within
the Phase, including an analysis of compliance with
the SCCC Chapter 17.35 (Parks and Recreational
Land). The City Center North Neighborhood Park (on
Parcel 3) is included with Phase 2A for which no DAP
application will be submitted. Therefore, if the Phase 3 DAP Application (or the Phase 2 DAP Application
if required for compliance with Chapter 17.35 of
the Code) does not include the relevant information
required under this Section 1.101 pertaining to the
City Center North Neighborhood Park, the Developer
shall include the proposed terms for an agreement
regarding the timing and procedures for approval and
development of the City Center North Neighborhood
Park, which agreement shall be a condition of approv-
al to the applicable DAP Application.
258
1.11. Project MMRP
A report describing the substance and timing of com-
pliance with the applicable Mitigation Measures from
the Project MMRP to be completed during the Phase.
1.12. Retail Plan
For any DAP Application that includes retail compo-
nents, Developer shall submit a retail plan for infor-
mational purposes that includes the sizes and types of
retail that will be targeted during that Phase.
1.13. Traffic Analysis
A traffic report prepared by a qualified third-party
traffic consultant analyzing the projected vehicle
trips and trip reduction measures for the Phase
consistent with the requirements of the MMRP and
Development Agreement.
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