CC Resolution No. 23-076 approving the Development Permit (DP-2021-002)_
RESOLUTION NO. 23-076
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ADOPTING AN ADDENDUM TO A PREVIOUSLY ADOPTED MITIGATED
NEGATIVE DECLARATION AND APPROVING A DEVELOPMENT PERMIT FOR
A PROPOSED MIXED-USE DEVELOPMENT WITH 34 RESIDENTIAL UNITS, 7,595
SQ. FT. COMMERCIAL SPACE, AND THE REMOVAL AND REPLACEMENT OF
51 DEVELOPMENT TREES. LOCATED AT 1655 S. DE ANZA BLVD. (APN: 366-10-
061, -126)
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2021-002
Applicant: Carlson Chan (Prospect Venture LLC)
Property Owner: Prospect Venture, LLC
Location: 1655 S. De Anza Blvd. (APNs 366-10-061, -126)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I of this resolution; and
WHEREAS, the proposed project, including the Development Permit, is fully described
and analyzed in the Initial Study and proposed Mitigated Negative Declaration (State
Clearinghouse No. 2022100314) (“IS/MND”) for the Project; and
WHEREAS, on May 23, 2023 the Planning Commission recommended on a 5-0 vote that
the City Council adopt the Mitigated Negative Declaration (EA-2022-005) and approve
the Development Permit (DP-2021-002) in substantially similar form to the Resolution
presented (Resolution Nos. 2023-08, -09), approve the Architectural and Site Approval
Permit (ASA-2021-004) in substantially similar form to the Resolution
presented(Resolution No. 2023-10), approve the Tree Removal Permit (TR-2022-006) in
substantially similar form to the Resolution presented (Resolution No. 2023-13), approve
the Use Permit (U-2021-001) in substantially similar form to the Resolution presented
(Resolution No. 2023-012), and approve the Vesting Tentative Map (TM-2021-003), in
substantially similar form to the Resolution presented (Resolution No. 2023-011); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application, and
WHEREAS, on June 21, 2023, the City Council held a public hearing to consider the
Project; and
Resolution No. 23-076
Page 2
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Development Permit.; and
WHEREAS, on June 21, 2023, the City Council adopted Resolution No. 23-075 adopting
the Mitigated Negative Declaration for the proposed project, adopting and incorporating
into the Project, and implementing as conditions of approval all of the mitigation
measures for the project that are identified in the Final Initial Study/Mitigated Negative
Declaration, and adopting the Mitigation Monitoring and Reporting Program for the
Project; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development and/or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity, and will not
be detrimental to the public health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, Zoning
Ordinance, and the South Saratoga-Sunnyvale Road Conceptual Zoning Plan. It has
been designed to be compatible with and respectful of adjoining land uses, including but
not limited to wide setbacks from the single-family residences on the western property
line, as well as providing landscaping along the building frontages to help mitigate any
massing impacts. Further, the City’s environmental consultant, Place Works, prepared
an Initial Study, titled “1655 South De Anza Boulevard Mixed-Use Project Initial
Study, October 2022,” which determined that any significant impacts can be reduced to
less than significant levels through the inclusion of mitigation measures. Pursuant to this
determination, a Mitigated Negative Declaration (MND) was prepared, finding that the
City can rely on the adopted Environmental Protection Standards (Chapter 17.04) being
applied as Conditions of Approval to minimize any impacts in several areas such as
Biological Resources, Cultural Resources, and Noise. The MND further identifies project
specific mitigation measures in the areas of Noise and Transportation, to reduce the
potential environmental impacts of the project to less than significant levels. Therefore,
the project will not be detrimental or injurious to properties or improvements in the
vicinity, and will not be detrimental to the public health, safety, general welfare, or
convenience.
2. The proposed development and/or use will be located and conducted in a manner
in accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
Resolution No. 23-076
Page 3
The General Plan land use designation for the property is Commercial/Office/Residential.
The proposed use is consistent with the General Plan in terms of use, density and slope
line setback. The applicant is requesting waivers for height and setback, as well as an
alternate parking standard as allowed per the Density Bonus Ordinance (CMC 19.56).
The proposed development has met the applicable development standards of the South
Saratoga-Sunnyvale Road Conceptual Zoning Plan, including rear setbacks adjacent to
single-family residential uses. The City’s environmental consultant, Place Works,
prepared an Initial Study titled, “1655 South De Anza Boulevard Mixed-Use Project
Initial Study, October 2022,” which determined that any significant impacts can be
reduced to less than significant levels. Pursuant to this determination, a Mitigated
Negative Declaration (MND) was prepared, finding that the City can rely on the adopted
Environmental Protection Standards (Chapter 17.04) being applied as Conditions of
Approval to minimize any impacts in several areas such as Biological Resources, Cultural
Resources, Noise.. The MND further identifies project specific mitigation measures in the
in the areas of Noise and Transportation, to reduce the potential environmental impacts
of the project to less than significant levels.
3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal
Code Section 19.56.070, before approving an application that includes a request
for density bonus, incentive, parking reduction and/or waiver, the decision-
making body shall make the following findings, as applicable:
a) A finding that the residential project is eligible for the density bonus and any
incentives, parking reductions or waivers requested.
The application is for a density bonus project that provides for approximately 20% of
its base density as Below Market Rate Housing. Since 12% of the units on-site will be
for Very Low Income residents, the project is eligible for a 35% density bonus.
b) A finding that any requested incentive will result in identifiable, financially
sufficient, and actual cost based on the financial analysis and documentation
provided.
No incentives are requested as part of the project, so the finding is not applicable.
c) If the density bonus is based all or in part on donation of land, a finding that all
requirements included Section 19.56.030C have been met.
The density bonus is not based on the donation of land, so the finding is not applicable.
d) If the density bonus is based all or in part on the inclusion of a childcare facility,
a finding that all requirements included in Section 19.56.030 (D) have been met.
The density bonus is not based on the inclusion of a childcare facility, so the finding is
not applicable.
Resolution No. 23-076
Page 4
e) If the density bonus or incentive is based on a condominium conversion, a
finding that all the requirements included in Section 19.56.030 (E) have been
met.
The density bonus is not based on a condominium conversion, so the finding is not
applicable.
f) If the incentive includes mixed-use development, a finding that all requirements
including in Section 19.56.40 (B) (2) have been met.
While the project is a mixed-use development, the density bonus is not based on the
mixed-used development as an incentive, so the finding is not applicable.
g) If a waiver is requested, a finding that that the development standards for which
the waivers are requested would have the effect of physically precluding the
construction of the housing development with the density bonus and incentives
or concessions permitted.
The development standards for the required minimum front setback, and maximum
building height would physically preclude the development. These development
standard limitations could affect the project by a loss of up to 12 units, which may
include those units designated as BMR.
h) If a reduction in off-street parking standards for an eligible housing
development is requested.
Since the development is a density bonus application, the Density Bonus Ordinance,
allows a maximum off-street parking standard that can be applied to the housing
portion of the development, inclusive of handicapped and guest parking, which this
project has met.
4. Since the applicable findings required above can be made, the decision-making
body may deny an application for a waiver only if one of the following written
findings, as applicable to each type of application, and supported by substantial
evidence, can be made:
a) That the incentive or concession, or waiver, would have an adverse impact on
real property listed in the California Register of Historic Resources; or
There are no affected Historic Resources in the vicinity.
b) That the incentive or concession, or waiver would have a specific, adverse
impact upon public health or safety or the physical environment, and there is
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact without rendering the residential project unaffordable to low- and
moderate-income households. For the purpose of this subsection, "specific,
adverse impact" means a significant, quantifiable, direct, and unavoidable
Resolution No. 23-076
Page 5
impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the
application for the residential project was deemed complete; or
The City’s environmental consultant, Place Works, completed the Mitigated Negative
Declaration titled, “1655 South De Anza Boulevard Mixed-Use Project Initial
Study, October 2022,” whether the project would create any significant impacts. The
result was that the Mitigated Negative Declaration (MND) finds that the City can rely
on the adopted Environmental Protection Standards (Chapter 17.04) being applied as
Conditions of Approval to minimize any impacts in several areas such as Biological
Resources, Cultural Resources, Noise. The MND further identifies project specific
mitigation measures in the following two areas, Noise and Transportation, to reduce
the potential environmental impacts of the project to less than significant levels.
c) That the incentive or concession, or waiver is contrary to state or federal law.
The requested waivers are not contrary to state or federal law.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the MND, subject to the conditions which are enumerated in
this Resolution beginning on PAGE 7 thereof, and those contained in all other Resolutions
approved for this Project, the City Council hereby approves the application for a
Development Permit, Application No. DP-2021-001; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based are contained in the Public Hearing record concerning Application
no. DP-2021-002 as set forth in the Minutes of the City Council Meeting of June 21, 2023
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated July 19, 2022 consisting of 72 sheets labeled
as 1655 S De Anza Boulevard, A.1– A.46, C1.0 – C10.0, L1 – L5, and E.000-E.103,
drawn by Dahlin Group, Sandis, Ripley Design Group, FTF Engineering, and
Emerald City Engineers, except as may be amended by conditions in this
resolution.
Resolution No. 23-076
Page 6
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EA-2022-005, TR-2022-006, TM-2021-
003, U-2021-002, and ASA-2021-004 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
about the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. DEVELOPMENT ALLOCATION
4,053 s.f. of commercial allocation is added to the available development allocation
in the S. De Anza Special Area since there is a reduction of commercial square
footage on the site.
The project is granted approval to construct 11 townhomes and 23 apartments,
subject to affordability requirements of Condition No. 5.
7. DENSITY BONUS AND AFFORDABLE UNITS
The project is granted a Density Bonus of 9 market-rate units and shall provide 1
unit affordable for sale to median income households, 1 unit affordable for rent to
low-income households, and 3 units affordable for rent to very low-income
households as determined by the City’s BMR Mitigation Manual. Prior to
occupancy, the proposed project shall record covenants that require the units to be
occupied at those income levels for a period not less than 99 years from the date
of first occupancy of the units.
8. DENSITY WAIVERS
The project is granted three density bonus waivers as follows:
a. Height waiver for Building A – 38-feet to top of roof ridge, 52-feet top of
elevator tower.
Resolution No. 23-076
Page 7
b. Front setback waiver for Building A – 35 feet from the face of curb.
9. DENSITY BONUS PARKING REDUCTION
The project is granted a parking reduction pursuant to Density Bonus law. The
applicant shall provide 68 residential parking spaces. Each unit shall have a
minimum of one assigned/designated parking space.
10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project
in accordance with the City’s Parking Regulations under Chapter 19.124 of the
Cupertino Municipal Code.
11. BMR UNIT DESIGN REQUIREMENTS
The Applicant shall detail how the following requirements shall be met prior to
building permit issuance:
a. The BMR units shall be comparable to market-rate units in terms of unit type,
number of bedrooms per unit, quality of exterior appearance and overall
quality of construction.
b. The BMR unit size should generally be representative of the unit sizes within
the senior market-rate portion of the residential project.
c. Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
12. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an
affordable housing agreement shall be recorded against the property. The
affordable housing agreement shall include, but not be limited to the following:
a. Total number of BMR units, type, location (site map), square footage, number
of bedrooms, and construction scheduling of market-rate and BMR units;
b. Provisions to ensure concurrent construction and completion of BMR units and
market-rate units;
c. Affordability levels for each BMR unit;
d. Prices for BMR units as provided for in the BMR mitigation manual;
e. Provisions for income certification and screening of potential occupants of
BMR units;
f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs;
h. Other reasonably required provisions to implement the Affordable Housing
Plan.
Resolution No. 23-076
Page 8
13. PUBLIC ART REQUIREMENT
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 one (1) percent of the construction
valuation for the first $100 million on construction valuation, or 0.9% of
construction valuation for valuation in excess of $100 million. The project pro
forma shall be provided to the City to confirm the project budget. The public art
plans (including location and 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.
In the event the developer or property owner determines that the placement of
artwork on a particular property may not be feasible, the developer or property
owner may apply to the City for an in-lieu payment alternative as indicated in
Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts
Commission and the City Council. The in lieu payment shall be 1.25% of the
construction valuation.
14. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for a future ingress/egress
easement with the parcel located to the north (APN: 366-10-133) in the event the
City can require the same of the property owner of that parcel at the terminus of
the private street in front of the townhomes. The deed restriction shall provide for
necessary reciprocal ingress and egress easement to and from the affected parcels.
The deed restriction must also indicate that any construction related hard and soft
costs related to the implementation of the connection must be split evenly between
the two properties.
15. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
16. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management
District’s Basic Control Measures from the latest version of BAAQMD’s CEQA Air
Quality Guidelines, as subsequently revised, supplemented, or replaced, to
Resolution No. 23-076
Page 9
control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition,
ground disturbing activities and/or construction.
17. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on
all plans where paint specifications or other design specifications are listed, that
the project design will incorporate only low-VOC paint (i.e., 50 grams per liter
[g/L] or less) for interior and exterior wall architectural coatings.
18. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100 feet
of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition,
construction, ground-disturbing, or tree removal/pruning activities have been
initiated in the area, after which surveys can be stopped. As part of the
preconstruction survey(s), the surveyor shall inspect all trees and other
possible nesting habitats in, and immediately adjacent to, the construction
areas for active nests, while ensuring that they do not disturb the nests as
follows:
1) For projects that require the demolition or construction one single-family
residence, ground disturbing activities affecting areas of up to 500 square
feet, or the removal of up to three trees, the property owner or a tree
removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any active
nests with eggs or young birds are identified, the project applicant shall
retain a qualified ornithologist or biologist to identify protective measures.
2) For any other demolition, construction and ground disturbing activity or
the removal of four or more trees, a qualified ornithologist or biologist shall
be retained by the project applicant to conduct the preconstruction surveys.
Resolution No. 23-076
Page 10
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests no
longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest within
an exclusion zone shall be monitored on a weekly basis throughout the nesting
season to identify signs of disturbance and confirm nesting status. The radius
of an exclusion zone may be increased by the qualified ornithologist or
biologist, if project activities are determined to be adversely affecting the
nesting birds. Exclusion zones may be reduced by the qualified ornithologist
or biologist only in consultation with California Department of Fish and
Wildlife. The protection measures and buffers shall remain in effect until the
young have left the nest and are foraging independently or the nest is no longer
active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection measures
(if required), shall be prepared by the qualified ornithologist or biologist and
submitted to the Director of Community Development or his or her designee,
through the appropriate permit review process (e.g., demolition, construction,
tree removal, etc.), and be completed to the satisfaction of the Community
Development Director prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities.
19. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming
that contractors and construction crews have been notified of basic archaeological
site indicators, the potential for discovery of archaeological resources, laws
Resolution No. 23-076
Page 11
pertaining to these resources, and procedures for protecting these resources as
follows:
a. Basic archaeological site indicators that may include, but are not limited to, darker
than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire
affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone,
bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either
human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural
resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease.
ii. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit, and assessment of the remainder of the site within the project area
to determine whether the resource is significant and would be affected by the
project.
iii. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California Department
of Parks and Recreation forms by a qualified archaeologist. If the resource is a
tribal cultural resource, the consulting archaeologist shall consult with the
appropriate tribe, as determined by the Native American Heritage
Commission, to evaluate the significance of the resource and to recommend
appropriate and feasible avoidance, testing, preservation or mitigation
measures, in light of factors such as the significance of the find, proposed
project design, costs, and other considerations. The archeologist shall perform
this evaluation in consultation with the tribe.
20. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve soil
disturbance, include on plans a note that, during project construction, the project
applicant shall comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100-foot radius of
the remains, or any nearby area reasonably suspected to overlie adjacent remains.
Resolution No. 23-076
Page 12
b. The Santa Clara County Coroner shall be notified immediately and shall make a
determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to
his authority, he shall notify the Native American Heritage Commission (NAHC)
within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the
deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to
make recommendations or preferences regarding the disposition of the remains.
If the Most Likely Descendant does not make recommendations within 48 hours
after being allowed access to the project site, the owner shall, with appropriate
dignity, reinter the remains in an area of the property secure from further
disturbance and provide documentation about this determination and the location
of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner
does not accept the Most Likely Descendant’s recommendations, the owner or the
descendent may request mediation by the NAHC. Construction shall halt until the
mediation has concluded.
21. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units
the notices shall be sent to off-site businesses and residents within 500 feet of the
project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not
including Accessory Dwelling Units) notices shall be sent to off-site businesses and
residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall be
sent to off-site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period’s
overall duration. The notification should include the telephone numbers of the
contractor’s authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant’s use. The project applicant shall provide the City with evidence of mailing
of the notice, upon request. If pile driving, see additional noticing requirements below.
Resolution No. 23-076
Page 13
22. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall demonstrate
compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48
(Community Noise Control) of Cupertino Municipal Code. The details of the
Construction Noise Control Plan shall be included in the applicable construction
documents and implemented by the on-site Construction Manager. Noise
reduction measures selected and implemented shall be based on the type of
construction equipment used on the site, distance of construction activities from
sensitive receptor(s), site terrain, and other features on and surrounding the site
(e.g., trees, built environment) and may include, but not be limited to, temporary
construction noise attenuation walls, high quality mufflers. During the entire
active construction period, the Construction Noise Control Plan shall demonstrate
that compliance with the specified noise control requirements for construction
equipment and tools will reduce construction noise in compliance with the City’s
daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit
to the City of Cupertino Public Works Department for approval prior to the start
of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use for
more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background noise
level or switch off back-up alarms and replace with human spotters in compliance
with all safety requirements and law.
23. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
A demolition and construction management plan shall be submitted and reviewed
prior to building permit issuance. Prior to commencement of construction
activities, the applicant shall arrange for a pre-construction meeting with the
pertinent departments (Building, Planning, and Public Works) to review the
Resolution No. 23-076
Page 14
prepared construction management plan, to ensure that construction complies
with the conditions of approval, staging of construction equipment is appropriate,
tree protection measures are in place, public access routes are identified, and noise
and dust control measures are established. The plan shall include but not be
limited to the following:
a. Compliance with CEQA Mitigation Measures
b. Appropriate construction staging area
c. Hours of construction
d. Compliance with the City noise ordinance
e. Best management practices
f. Staging of construction equipment shall not occur within ___ feet of any
residential property.
g. Any other measures as determined to be appropriate by the Director of
Community Development
24. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
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 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
Resolution No. 23-076
Page 15
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.
25. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall
obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since the building size is over 50,000 square feet. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria.
26. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the Building Official and the Fire Marshall or their designee that the
proposed plans comply with Building and Fire Codes in effect at the time of
application for a building permit.
27. 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:
• The members/board shall meet at a minimum of once/year
• The Association dues shall cover:
o Maintenance of common area on the property in compliance with the
approved project conditions of approval, including hardscaping, parking,
landscaping and accessory facilities and amenities, such as trash bins/areas,
common amenity areas, tree grates, outside trash bins, fences, etc,
o Building and site repair on a regular schedule, or as otherwise necessary,
and building renovation and replacement as necessary to ensure that the
property is maintained.
o Permits, including tree removal permits, required for maintenance and
repair of facilities in the common areas
• Any changes to the exterior of the development must be reviewed by the
Property Owner’s Association.
Resolution No. 23-076
Page 16
• CC&R’s shall ensure that private open space is kept tidy and free of clutter and
visual blight.
• Any changes to the CC&R’s must be reviewed and approved by the City
• Disbanding of the Association shall require an amendment to the permit.
28. 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.
29. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS I
Prior to the issuance of building permits, the project applicant shall submit an
acoustic study to the satisfaction of the City's Community Development Director
to demonstrate that unit interiors meet an interior noise level due to exterior noise
of 45 dBA CNEL, consistent with State and local noise standards. The study shall
be based on precise grading and architectural plans including specific construction
method details and materials to calculate the necessary exterior to interior noise
reduction of approximately 30 dBA to achieve 45 dBA CNEL. The precise exterior
to interior reduction would be determined in the acoustical study when precise
grading plans with building elevations, footprints and architectural plans are
·available. The applicant will be required to incorporate into the project design all
required noise insulation features and techniques necessary to reduce interior
noise levels to achieve the interior noise standard. To achieve the required interior
noise levels, features such as upgraded exterior wall and roof assemblies,
upgraded windows, and exterior doors may be required. In addition, a "windows
closed” condition will be required with minimum supply of fresh air per UBC
requirements.
30. INDOOR AIR POLLUTION
Prior to issuance of Building Permits, the applicant shall implement best practices
to manage indoor air pollution which include the following:
• Heating, ventilation, and air conditioning (HVAC) system filtration should be
used to reduce indoor concentrations of DPM. Commercially available filters
with a Minimum Efficiency Rating Value (MERV) of 13 or greater are
recommended for the residences.
Resolution No. 23-076
Page 17
• Disclosure should be made by the developer and/or sales representatives to
potential residents that emissions from the nearby roadways and gas stations
are a potential health hazard.
31. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. A line of sight plan may be
required to demonstrate that the equipment will not be visible from any public
right-of-way. The location of the equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
32. 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.
33. SIGN PROGRAM
A sign program is required for this project. The sign program shall be approved
by the Director of Community Development prior to issuance of sign permits.
34. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
35. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
Resolution No. 23-076
Page 18
Future changes to the exterior building materials/treatments must be reviewed
and approved by the Property Owner’s Association. However, any changes to the
building materials that do not match the approved materials shall require an
amendment to this permit or a new permit.
36. BIRD SAFE FENESTRATION
Consistent with CMC 19.102.030, the development shall implement the bird safe
fenestration and glass requirements. The applicant, prior to issuance of Building
Permits, may submit for an Alternative Compliance Method in which the property
owners/applicants may propose an alternate compliance method recommended
by a qualified biologist to meet the requirements and intent of CMC 19.102.030.
The alternate compliance method shall be peer-reviewed by a third-party
consultant, paid for by the applicant, and subject to the approval of the Director of
Community Development.
37. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe
Development Requirements and/or Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code. The final lighting
plan (including a detailed photometric plan) shall be reviewed and approved by
the Director of Community Development prior to building permit issuance. A
report from a licensed lighting engineer may be required to confirm all exterior
lighting throughout the site complies with the City’s Ordinance.
38. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City’s
Community Noise Control Ordinance at all times. Installation of any mechanical
or other equipment shall be evaluated to determine that the installation meets the
City’s Community Noise Control Ordinance. Any documentation or studies
required to determine this shall be provided by the applicant as his/her sole
expense. Should the project exceed any of the stipulated maximum noise levels
outlined in the City’s Community Noise Control Ordinance, an acoustical
engineer may be required to submit noise attenuation measures to the satisfaction
of the Director of Community Development at the applicant’s expense.
Resolution No. 23-076
Page 19
39. ASBESTOS-CONTAINING MATERIALS
The project applicant shall hire the services of a CalOSHA-certified qualified
asbestos abatement consultant to conduct a pre-construction assessment for
asbestos containing materials (ACMs). Prior to the issuance of the demolition
permit, the Applicant shall provide a letter to the City of Cupertino Planning
Department from a qualified asbestos abatement consultant that no ACMs are
present in the buildings. If ACMs are found to be present, the hazardous materials
shall be properly removed and disposed of prior to demolition of buildings on the
project site in compliance with applicable federal, State, and local regulations, such
as the Environmental Protection Agency’s Asbestos National Emission Standards
for Hazardous Air Pollutants regulation, Bay Area Air Quality Management
District’s Regulation 11, Title 8 of the California Codes of Regulations, the Unified
Program, and the City’s General Plan policies.
40. LEAD-BASED PAINTS
The project applicant shall hire the services of a qualified lead paint abatement
consultant to conduct a pre-construction assessment of lead-based paints. Prior to
the issuance of the demolition permit, the applicant shall provide a letter to the
City of Cupertino Planning Department from a qualified lead paint abatement
consultant that no lead paint is present in onsite buildings. If lead paint is found
to be present on buildings to be demolished, the hazardous materials shall be
properly removed and disposed of in compliance with applicable federal, State,
and local regulations, including the Environmental Protection Agency’s National
Emission Standards for Hazardous Air Pollutants regulation, Title 40 of the Code
of Federal Regulations, Title 8 of the California Codes of Regulations, the Unified
Program, and the City’s General Plan policies.
41. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as “proceeding”) brought by a third party against one or
more of the indemnified parties or one or more of the indemnified parties and the
applicant related to any Ordinance, Resolution, or action approving the project,
the related entitlements, environmental review documents, finding or
determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs,
Resolution No. 23-076
Page 20
liabilities, and expenses incurred in connection with such proceeding whether
incurred by the Applicant, the City, or the parties initiating or bringing such
proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel 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. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys’ fees, or costs
awards, including attorneys’ fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental
review, if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
42. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. DEVELOPER CONTRIBUTION
As a VMT mitigation, the developer shall contribute 10% towards buffered bicycle
lane improvements along Prospect Rd. The estimated cost of these improvements
is $100,000. As a result, the developer will be required to pay $10,000 towards these
improvements.
2. STREET IMPROVEMENTS & DEDICATION
Street dedication in fee title and frontage improvements along the project will be
required to the satisfaction of the Director of Public Works. Street improvement,
Resolution No. 23-076
Page 21
grading and drainage plans must be completed and approved prior to Final map
approval. Street improvements may include, but not be limited to, new detached
sidewalk, new driveway, storm drain facilities, street tree installations,
undergrounding overhead lines and guy wire relocation. All improvements must
be completed and accepted by the City prior to Building Final Occupancy or Street
Improvement Encroachment Permit acceptance whichever comes first. Additional
comments will be provided and shall be incorporated prior to Final Map approval.
3. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications, easements, quitclaims and other property rights and interests on
behalf of the City.
4. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the Director of Public Works. All
improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
5. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and
the Pedestrian Transportation Plan, as designated and approved by the Director of
Public Works. All improvements must be completed and accepted by the City prior
to Building Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
6. 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.
7. 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 maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
8. DRAINAGE
Resolution No. 23-076
Page 22
Drainage shall be provided to the satisfaction of the Director of Public Works and
satisfy any requirements from the environmental analysis. 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), bioretention basins, vegetated swales, 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 percent flood water surface elevation 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.
All storm drain inlets shall be clearly marked with the words “No Dumping – Flows
to Creek” using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
Additional comments will be provided and shall be incorporated prior to Final Map
approval.
9. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
10,000 S.F. or more of impervious surface (collectively over the entire project site). The
developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is approved
by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan,
Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and
Maintenance Agreement, and certification of ongoing operation and maintenance of
treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
10. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement with the
City of Cupertino providing for payment of fees, including but not limited to checking
Resolution No. 23-076
Page 23
and inspection fees, storm drain fees, park dedication fees and fees for under grounding
of utilities. Said agreement and fees shall be executed and paid prior to Final map
approval.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($4,947 or 5% of
improvement costs)
b. Grading Permit: Per current fee schedule ($3,683 or 6% of
improvement costs)
c. Tract Map Fee: Per current fee schedule ($12,306)
d. Storm Drainage Fee: Per current fee schedule (residential: $4,250
per AC + $322 per unit, commercial: $11,444
per AC)
e. Transportation Impact Fee: Per current fee schedule: (residential: $4,215
per unit, commercial: $10.94 per square foot for
retail, $19.15 per square foot for office)
f. Developer Contribution: $10,000 (Prospect Rd Buffered Bike Lane
(VMT Mitigation) Project)
g. Encroachment Permit Fee: Per current fee schedule ($3,304)
h. Park Fees: Per current fee schedule: $60,000 per unit
($1,740,000 based on 29 new units; waived for 5
BMR units)
i. Storm Management Plan Fee: Per current fee schedule ($1,670)
j. Street Tree Fee: By Developer or Per current fee schedule:
$481 per tree
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 improvements.
The fees described above are imposed based upon the current fee schedule adopted by
the City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
11. FINAL MAP
Resolution No. 23-076
Page 24
A final map will be subject to City Council approval and shall be recorded prior to
issuance of building permits. Existing buildings must be demolished prior to
recordation of the final map as building(s) cannot straddle between lot lines.
12. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City’s
Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code).
Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of
environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project shall
provide mitigation measure as results of the transportation analysis.
13. PARKS
The residential units are subject to Park Land Dedication or the payment of parkland
fees in-lieu of parkland dedication per Chapter 13.08 and Chapter 18.24 of the
Cupertino Municipal Code.
The Below Market Rate (BMR) program manual, which was last amended by City
Council on May 19, 2020 per Resolution 20-055, authorizes the waiver of park fees for
BMR units. Pursuant to Resolution 20-055, parkland dedication in-lieu fees for the 5
BMR units proposed for this project are hereby waived.
14. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based on the boundary
survey and setback requirements.
15. TRASH, RECYCLING AND COMPOST ENCLOSURES & OPERATIONS
Trash enclosure plans must be designed in accordance with the City’s “Public Works
Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to obtaining a building permit. (CMC 9.18.210 H & K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
16. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
before Final Map approval. The Agreement shall include the operation and
Resolution No. 23-076
Page 25
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, sidewalk, pavers, and streetlights.
17. UNDERGROUND UTILITIES
Developer 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. Developer 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.
18. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
19. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
20. 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.
21. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB),
the developer 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.
22. EROSION CONTROL PLAN
Resolution No. 23-076
Page 26
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
23. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
24. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Traffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
25. 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 type approved by the City in
accordance with Ordinance No. 125.
26. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
27. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on
private property adjacent to the public right of way, and fire department connections
must be located within 100’ of a Fire Hydrant).
28. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
29. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before Final
Map approval.
Resolution No. 23-076
Page 27
30. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
31. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to Final Map approval.
32. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be
required prior to Final Map approval.
33. PG&E EASEMENT QUITCLAIM
Prior to Final Map approval, the developer shall work with PG&E’s Land Department
to confirm the existing 5’ PG&E easement along the northern property line is no longer
needed prior to the easement quitclaim and removal of PG&E facilities from the
easement. Developer shall provide the recorded quitclaim document prior to Final
Map recordation.
34. RECIPROCAL EASEMENT AMENDMENT
Developer shall provide the recorded amended reciprocal easement document prior
to Final Map recordation.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
1. CUPERTINO SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to Final Map approval. The letter shall include their review and approval
of any existing sanitary sewer easements to be quitclaimed and the creation of any
new sanitary sewer easements.
2. INSTALLERS AGREEMENT
Property owner will be required to enter into an Installer’s Agreement with the
District for the construction of the proposed sewer infrastructure.
3. SEWER LATERAL
Parcels 366-10-061 and 366-10-126 will be joined into one large parcel for the
commercial and garage buildings. Each townhome will have their own parcel
Resolution No. 23-076
Page 28
number. Per District’s Ordinance, each parcel requires to have their own District-
owned sanitary sewer lateral. Since the proposed sewer lines will be within private
property, the District will require an easement in these proposed parcels for the
proposed sanitary sewer mainlines and laterals.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive. For the purposes of this section,
firewalls used to separate building areas shall be constructed in accordance with the
California Building Code and shall be without openings or penetrations. NOTE: The
owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a
completed permit application and appropriate fees to this department for review and
approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by
CMC.
2. PUBLIC FIRE HYDRANT REQUIRED
Provide a public fire hydrant at a final location to be determined jointly by the Fire
Department and San Jose Water Company. Maximum distance of 500 feet from
the building frontage and a maximum of 100 feet from the FDC, with a minimum
hydrant flow of 1625 GPM @ 20 psi residual. Fire hydrants shall be provided along
required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and
Appendix B and associated Tables, and Appendix C.
3. REQUIRED FIRE FLOW
The fire flow for this project is 8000 GPM at 20 psi residual pressure. If an
automatic fire sprinkler system will be installed, the fire flow will be reduced by 75%,
establishing a required adjusted fire flow of 2000 GPM at 20 psi residual pressure.
Note: The minimum required number and spacing of the hydrants shall be in
accordance with CFC Table C102.1.
4. BUILDINGS AND FACILITIES ACCESS
Approved fire apparatus access roads shall be provided for every facility, building or
portion of a building hereafter constructed or moved into or with the jurisdiction. The
fire apparatus access road shall comply with the requirements of this section and shall
Resolution No. 23-076
Page 29
extend to within 150 feet of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around the
exterior of the building or facility. [CFC, Section 503.1.1].
5. STANDPIPES REQUIRED
Standpipe systems shall be provided in new buildings and structures in accordance
with this section. Fire hose threads used in connection with standpipe systems shall
be approved and shall be compatible with fire department hose threads. The location
of fire department hose connections shall be approved. Standpipes shall be manual
wet type. In buildings used for high-piled combustible storage, fire hose protection
shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall
be installed in accordance with this section and NFPA 14 as amended in Chapter 47.
CFC Sec. 905
6. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection systems, and/or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with
the requirements of the water purveyor of record are documented by that purveyor
as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7.
7. TIMING OF INSTALLATION
When fire apparatus access roads or a water supply for fire protection is required to be
installed, such protection shall be installed and made serviceable prior to and during
the time of construction except when approved alternative methods of protection are
provided. Temporary street signs shall be installed at each street intersection when
construction of new roadways allows passage by vehicles in accordance with Section
505.2. Construction documents. Construction documents for proposed fire apparatus
access, location of fire lanes, security gates across fire apparatus access and
construction documents and hydraulic calculations for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction. CFC
Sec. 501.3, 501.4.
Resolution No. 23-076
Page 30
8. REQUIRED SECONDARY FIRE DEPT. ACCESS
Commercial and Industrial Developments
a. Buildings exceeding three stories or 30 feet in height. Buildings or facilities
exceeding 30 feet (9144 mm) or three stories in height shall have a least two means
of fire apparatus access for each structure.
b. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a
gross building area of more than 62,000 square feet (5760 mm) shall be provided
with two separate and approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to 124,000 square feet (11520
mm) that have a single approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler systems. Multi-Family
Residential Developments (R-1 & R-2 occupancies) 1. Multi-family residential
projects having more than 100 dwelling units shall be equipped throughout with
two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as
adopted and amended by CUPMC.
9. REQUIRED AERIAL ACCESS
a. Where required: Buildings or portions of buildings or facilities exceeding 30 feet
(9144 mm) in height above the lowest level of fire department vehicle access shall
be provided with approved fire apparatus access roads capable of accommodating
fire department aerial apparatus. Overhead utility and power lines shall not be
located within the aerial fire apparatus access roadway.
b. Width: Fire apparatus access roads shall have a minimum unobstructed width of
26 feet (7925) in the immediate vicinity of any building or portion of building more
than 30 feet (9144 mm) in height.
c. Proximity to building: At least one of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572) and a maximum of
30 feet (9144mm) from the building, and shall be positioned parallel to one entire
side of the building, as approved by the fire code official.
10. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND
Provide Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus. Maximum grade
in any direction shall be 5%. Installations shall conform with Fire Department
Standard Details and Specifications D-1. [CFC Section 503.2.5].
11. GROUND LADDER ACCESS
Ground-ladder rescue from second and third floor rooms with egress windows, shall
be made possible for fire department operations. With the climbing angle of seventy-
five degrees maintained, an approximate walkway width along either side of the
Resolution No. 23-076
Page 31
building shall be no less than seven feet clear. Landscaping shall not be allowed to
interfere with the required access. CFC Sec. 503 and 1030 NFPA 1932 Sec. 5.1.8
through 5.1.9.2. Ladder access (one for each emergency egress window) of an all-
weather supportive surface along with an approved access walkway leading from the
fire apparatus access road to them, shall be provided.
12. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72.
13. EMERGENCY RADIO RESPONDER COVERAGE
All new buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. This section
shall not require improvement of the existing public safety communication systems.
CFC Sec. 510.1 .
14. TWO-WAY COMMUNICATION SYSTEM
Two-way communication systems shall be designed and installed in accordance with
NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California
Fire Code (2016 edition), the California Building Code (2016 edition), and the
city ordinances where two way system is being installed, policies, and standards.
Other standards also contain design/installation criteria for specific life safety related
equipment.
15. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and our Standard Detail and Specification SI-7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
16. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast
with their background. Where required by the fire code official, address numbers
shall be provided in additional approved locations to facilitate emergency response.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1
Resolution No. 23-076
Page 32
17. TURN RADIUS (CIRCULATING)
The minimum inside turning radius is 20 feet and outside turning radius is 42 feet for
required access roadways. Greater radius up to 60 feet may be required where the Fire
Department determines that Ladder Truck access is required. Circulating refers to
travel along a roadway without dead ends.
18. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS
Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for lifesaving or firefighting
purposes, the fire code official is authorized to require a key box to be installed in
an approved location. The Knox Key Box shall be a of an approved type and shall
contain keys to gain necessary access as required by the fire code official.
19. LOCKS
An approved Knox Lock shall be installed on gates or similar barriers when required
by the fire code official. Key box maintenance. The operator of the building shall
immediately notify the fire code official and provide the new key when a lock is
changed or re-keyed. The key to such lock shall be secured in the key box. [CFC Sec.
506].
20. FIRE DEPARTMENT CONNECTION
The fire department connection (FDC) shall be installed at the street on the street
address side of the building. It shall be located within 100 feet of a public fire hydrant
and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due
to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-
and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of
the FDC shall be such that hose lines may be readily and conveniently attached to the
inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2
Standard].
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 21st day of June, 2023, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 23-076
Page 33
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
7/10/23
7/11/23