07-05-2017 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:30 PM
10300 Torre Avenue and 10350 Torre Avenue
Wednesday, July 5, 2017
Moved due to the Independence Day Holiday; Special Meeting Non-Televised Closed Session
(5:30), Special Televised Public Facilities Corporation Meeting (Immediately Following Closed
Session); Televised Regular Meeting (6:45)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY
COUNCIL, SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES
CORPORATION, AND REGULAR MEETING
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Wednesday, July 05, 2017, commencing at 5:30 p.m. in
City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014
for the purpose of conducting business on the subject matters listed below under
the heading, “Special Meeting.” A special meeting of the Cupertino Public
Facilities Corporation will immediately follow in Community Hall Council
Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting
shall be for the purpose of conducting business on the subject matters listed below
under the heading, “Special Meeting." The regular meeting items will be heard at
6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino,
California.
SPECIAL MEETING
ROLL CALL - 5:30 PM
10300 Torre Avenue, City Hall Conference Room A
CLOSED SESSION
1.Subject: Conference with Real Property Negotiators pursuant to Government
Code Section 54956.8. Properties: APN 375-21-001, Lawrence Expressway at
Mitty Avenue and APN 381-19-015, Lawrence Expressway at Doyle Road.
Agency Negotiators: Jaqui Guzman and Gail Seeds. Negotiating Parties: San Jose
Water Company; County Roads and Airports; City of San Jose. Under
Negotiation: Price and terms of payment.
Page 1 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
ADJOURNMENT
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO
PUBLIC FACILITIES CORPORATION
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Public
Facilities Corporation is hereby called for Wednesday, July 05, 2017, commencing
immediately following the Special Meeting Closed Session (which starts at 5:30
p.m.) in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino,
California 95014. Said special meeting shall be for the purpose of conducting
business on the subject matters listed below under the heading,“Special Meeting."
SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES
CORPORATION
ROLL CALL - Immediately following Closed Session
10350 Torre Avenue, Community Hall Council Chamber
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the board on any
matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
ORDINANCES AND ACTION ITEMS
1.Subject: Approval of the City of Cupertino entering into an Antenna Ground
Lease between the City and New Cingular Wireless PCS, LLC (AT&T Wireless)
Recommended Action: Staff recommends that the Cupertino Public Facilities
Corporation make a motion to: 1. Receive and File the Letter from Independent Bond
Counsel, Brian Quint, finding no tax implications from the lease; and
2. Provide consent to the City of Cupertino to permit the City to enter into an
Antenna Ground Lease between the City and New Cingular Wireless PCS, LLC
(AT&T Wireless)
Staff Report
A – Opinion Letter from Brian Quint, Quint & Thimmig, dated May 17, 2017
ADJOURNMENT
REGULAR MEETING
Page 2 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
PLEDGE OF ALLEGIANCE - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Presentation regarding the Fourth of July activities
Recommended Action: Receive the presentation
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted on
simultaneously.
2.Subject: Approve the June 20 City Council minutes
Recommended Action: Approve the June 20 City Council minutes
A - Draft Minutes
3.Subject: Accept Accounts Payable for the period ending April 14, 2017
Recommended Action: Adopt Resolution No. 17-061 accepting Accounts Payable
for the period ending April 14, 2017
A - Draft Resolution
B - AP Report
4.Subject: Accept Accounts Payable for the period ending May 5, 2017
Recommended Action: Adopt Resolution No. 17-062 accepting Accounts Payable
for the period ending May 5, 2017
A - Draft Resolution
B - AP Report
Page 3 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
5.Subject: Accept Accounts Payable for the period ending May 12, 2017
Recommended Action: Adopt Resolution No. 17-063 accepting Accounts Payable
for the period ending May 12, 2017
A - Draft Resolution
B - AP Report
6.Subject: Establishment of Friendship City Relationships
Recommended Action: Review and consider four (4) applications establishing
Friendship City relationships with Haikou, People’s Republic of China; Jilin,
People’s Republic of China; Guiyang, People’s Republic of China; Naning, People’s
Republic of China; and Nantong, People’s Republic of China
Staff Report
A - Haikou Friendship City Application
B - Jilin Friendship City Application
C - Naning Friendship City Application
D - Nantong Friendship City Application
7.Subject: Application for Alcohol Beverage License for Boiling Fish, Inc. (dba
Boiling Fish), 19634 Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
Boiling Fish, Inc. (dba Boiling Fish), 19634 Stevens Creek Boulevard
Staff Report
A - Application
Page 4 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
8.Subject: Proposed Lease with AT&T Wireless for colocation on the existing cell
tower located on the Civic Center Property (10300 Torre Avenue), subject to the
terms of any previously issued City planning permits
Recommended Action: Staff recommends that Council adopt Resolution No. 17-064
to: 1. Authorize the City Manager to execute an Antenna Ground Lease between the
City of Cupertino and New Cingular Wireless PCS, LLC (AT&T Wireless) for a
term of up to five years, for colocation on the existing cell tower located on the Civic
Center Property, in substantially the form as presented to Council, and subject to the
terms of any City-issued permits; and 2. Authorize the City Manager to negotiate and
execute up to two additional five year (5-year) options consistent with the terms of
the Lease
Staff Report
A - Ground Space Lease - New Cingular Wireles, PCS, LLC (AT&T)
B - Memorandum of Lease - New Cingular Wireles, PCS, LLC (AT&T)
C - Draft Resolution - New Cingular Wireless PCS, LLC (AT&T)
D - Preliminary Construction Plans for AT&T Collocation - Cupertino Civic Center
E - Photo simulations (from Verizon Cell Tower Approval)
F - Verizon Approval Letter for Colocation
G - Compliance Report
9.Subject: Storm Drain Improvements - Foothill Blvd and Cupertino Road - Rebid
authority to award contract
Recommended Action: Authorize the City Manager to award and execute the Storm
Drain Improvements -Foothill Blvd and Cupertino Road - Rebid Project contract and
authorize a construction contingency budget up to 10% of the project contract, if the
lowest responsive bid is within the established budget and there are no unresolved
bid protests
Staff Report
10.Subject: Award and execute a contract for the Varian and Monta Vista Parks
Courts Resurfacing Project (Project No. 2017-13.02)
Recommended Action: 1. Authorize the City Manager to award and execute a
construction contract for Varian and Monta Vista Parks Courts Resurfacing Project,
if the lowest responsive bid is within the established budget and there are no
unresolved bid protests; and 2. Authorize a construction contingency budget of up to
10% of the construction contract amount, to address unforeseen conditions during
construction
Staff Report
A - Draft Contract
Page 5 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
11.Subject: Regnart Road Slope Stabilization Project, Project No. 2017-13
Recommended Action: Staff recommends that the Council adopt Resolution No
17-065 to: 1. Authorize the City Manager to award and execute a contract with
Granite Rock Company, in the amount of $357,418 and approve a construction
contingency of $71,500, for a total of $428,918; and 2. Approve a budget adjustment
in the amount of $270,282 to the Transportation Fund 270-82-821 900-990
Staff Report
A - Draft Resolution
B - Resolution 17-028
C - Draft Contract
SECOND READING OF ORDINANCES
12.Subject: Second reading of an ordinance amending Title 16 Chapter 16.72
Sections 16.72.010, 16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060, and
16.72.070 of the Cupertino Municipal Code Regarding Recycling and Diversion
Requirements for Construction and Demolition Waste
Recommended Action: Conduct the second reading and enact Ordinance No.
17-2164: "An Ordinance of the City Council of the City of Cupertino Amending
Title 16 Chapter 16.72 Sections 16.72.010, 16.72.020, 16.72.030, 16.72.040,
16.72.050, 16.72.060, and 16.72.070 of the Cupertino Municipal Code Regarding
Recycling and Diversion Requirements for Construction and Demolition Waste" to
be consistent with the California Green Building Standards Code
Staff Report
A - Ordinance 17-2164
B - Redline Ordinance 17-2164
PUBLIC HEARINGS
Page 6 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
13.Subject: Municipal Code Amendments to regulate the placement of storage
containers and temporary fencing (Chapter 9.22 - Property Maintenance), size of
signage notice boards for development (Chapter 19.12 - Administration), size of
Accessory Dwelling Units (Chapter 19.112 - Accessory Dwelling Units in R-1,
RHS, A and A-1 Zones), and including amendments to various other chapters of
Title 19 - Zoning of the Municipal Code, including but not limited to, Chapter
19.08 (Definitions), Chapter 19.28 (Single-Family Residential (R-1) Zones),
Chapter 19.40 (Residential Hillside (RHS) Zones), Chapter 19.60 (General
Commercial (CG) Zones), and 19.116 (Conversions of Apartment Projects to
Common Interest Developments) for compliance with State Law, readability,
clarifications, and internal consistency. Application No(s): MCA-2017-03,
Applicant(s): City of Cupertino, Location: Citywide
Recommended Action: That the City Council: 1. Find that the proposed actions are
exempt from CEQA; and 2. Conduct the first reading of Ordinance No. 17-2165:
“An Ordinance of the City Council of the City of Cupertino amending Chapter 9.22,
Property Maintenance, Chapter 19.12, Administration, Chapter 19.112, Accessory
Dwelling Units In R-1, RHS, A and A-1 Zones, and Minor Amendments in Chapter
19.08, Definitions, Chapter 19.24, Agricultural (A) And Agricultural-Residential
(A-1) Zones, Chapter 19.28, Single-Family Residential (R-1) Zones, Chapter 19.36,
Multiple-Family Residential (R-3) Zones, Chapter 19.40, Residential Hillside (RHS)
Zones, Chapter 19.60, General Commercial (CG) Zones, Chapter 19.64, Permitted,
Conditional And Excluded Uses In Office And Industrial Zones And 19.116,
Conversions Of Apartment Projects To Common Interest Developments”
Staff report
A - Draft Ordinance
B - Redline indicating revisions and PC recommendations
C - Planning Commission Resolution #6832
D - Policies of Surrounding Cities reagrding storage containers 2
ORDINANCES AND ACTION ITEMS
14.Subject: Designation of voting delegate and alternates for League of California
Cities Annual Conference, September 13-15, Sacramento
Recommended Action: Designate a voting delegate and up to two alternates for
League of California Cities Annual Conference, September 13-15, Sacramento
Staff Report
A - Conference Information
REPORTS BY COUNCIL AND STAFF
Page 7 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
15.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
Page 8 CITY OF CUPERTINO
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July 5, 2017City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsideration within ten calendar days of the date the
City Clerk mails notice of the City’s decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s
office for more information or go to http://www.cupertino.org/index.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
Page 9 CITY OF CUPERTINO
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2742 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:6/13/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.
Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-19-015, Lawrence
Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman and Gail Seeds. Negotiating Parties:
San Jose Water Company; County Roads and Airports; City of San Jose. Under Negotiation: Price
and terms of payment.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Real Property Negotiators pursuant to Government Code Section
54956.8. Properties: APN 375-21-001, Lawrence Expressway at Mitty Avenue and APN 381-
19-015, Lawrence Expressway at Doyle Road. Agency Negotiators: Jaqui Guzman and Gail
Seeds. Negotiating Parties: San Jose Water Company; County Roads and Airports; City of San
Jose. Under Negotiation: Price and terms of payment.
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2763 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:6/26/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Approval of the City of Cupertino entering into an Antenna Ground Lease between the City
and New Cingular Wireless PCS, LLC (AT&T Wireless)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A – Opinion Letter from Brian Quint, Quint & Thimmig, dated May 17, 2017
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Approval of the City of Cupertino entering into an Antenna Ground Lease between
the City and New Cingular Wireless PCS, LLC (AT&T Wireless)
Staff recommends that the Cupertino Public Facilities Corporation make a motion to: 1.
Receive and File the Letter from Independent Bond Counsel, Brian Quint, finding no tax
implications from the lease; and
2. Provide consent to the City of Cupertino to permit the City to enter into an Antenna Ground
Lease between the City and New Cingular Wireless PCS, LLC (AT&T Wireless)
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CUPERTINO PUBLIC FACILITIES CORPORATION
STAFF REPORT
Meeting: July 5, 2017
Subject
Approval of the City of Cupertino entering into an Antenna Ground Lease between the
City and New Cingular Wireless PCS, LLC (AT&T Wireless).
Recommended Action
Staff recommends that the Cupertino Public Facilities Corporation make a motion to:
1. Receive and File the Letter from Independent Bond Counsel, Brian Quint,
finding no tax implications from the lease
2. Provide consent to the City of Cupertino to permit the City to enter into an
Antenna Ground Lease between the City and New Cingular Wireless PCS,
LLC (AT&T Wireless)
Background
The Civic Center is the subject of a lease agreement dated May 1, 2012 between the
Cupertino Public Facilities Corporation and the City of Cupertino. The lease agreement
is part of the security for Certificates of Participation issued by the City for certain
improvements. In order for the City to lease a portion of the Civic Center area to a third
party the Cupertino Public Facilities Corporation must approve of the City entering into
the lease.
Paragraph 8.2 of the Cupertino Public Facilities Corporation (“Corporation”) allows the
City to sublease the Civic Center property, but only with the consent of the
Corporation.
In addition, the Corporation must obtain an opinion letter from independent bond
counsel that the lease will not result in tax implications for the holders of the
Certificates of Participation. The bond counsel opinion letter making those findings is
attached as Exhibit “A”.
Sustainability Impact
12
There is no sustainability impact by this action.
Fiscal Impact
Should the Cupertino Public Facilities Corporation not approve the lease, and receive
and file the accompanying opinion letter, the City will not receive the financial benefits
of the lease.
_____________________________________
Prepared by: Chad Mosley, City Engineer
Reviewed by: Timm Borden, Director Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Opinion Letter from Brian Quint, Quint & Thimmig, dated May 17, 2017
13
Quint & Thimmig LLP
Attorneys at Law
900 Larkspur Landing Circle, Suite 270
Larkspur, CA 94939-1726
Phone: 415/925 -4200
Fax: 415/925 -4201
May 11, 2017
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Cupertino Public Facilities Corporation
10300 Torre Avenue
Cupertino, California 95014
The Bank of New York Mellon Trust Company, N.A.
400 South Hope Street, Suite 400
Los Angeles, California 90071
Re: Ground Space Lease, by and between the City of Cupertino and New Cingular Wireless PCS,
LLC
Ladies and Gentlemen:
We have been advised that the City of Cupertino (the “City”) contemplates entering
into an Ground Space Lease, by and between the City and New Cingular Wireless PCS, LLC
(the “Ground Lease”), relating to a portion of the property (the “Property”) that is the subject
of a lease agreement, dated as of May 1, 2012, by and between the Cupertino Public Facilities
Corporation (the “Corporation”) and the City (the “Lease Agreement”). The Corporation has,
pursuant to an Assignment Agreement, dated as of May 1, 2012, by and between the
Corporation and The Bank of New York Mellon Trust Company, N.A., as trustee (the
“Trustee”), assigned certain of its rights under the Lease Agreement, including its right to
receive a portion of the lease payments made by the City thereunder (the “Lease Payments”),
to the Trustee. Pursuant to the Trust Agreement, dated as of May 1, 2012, by and among the
Trustee, the Corporation and the City (the “Trust Agreement”), the Trustee has executed and
delivered certificates of participation (the “Certificates”) evidencing direct, undivided
fractional interests of the owners thereof in the Lease Payments. The Certificates have been sold
to investors. Capitalized terms used, but not otherwise defined, herein shall have the meanings
ascribed thereto in the Trust Agreement.
Pursuant to Section 8.2 of the Lease Agreement, the City may sublease the Property, or
any portion thereof, but only with the satisfaction of certain conditions, including the receipt of
a written opinion of Bond Counsel, which shall be an Independent Counsel, stating that such
sublease does not cause the interest components of the Lease Payments to become subject to
federal income taxes or State personal income taxes. This opinion is rendered in satisfaction of
that opinion requirement.
In connection with the following opinion, we have reviewed the Ground Lease, the Lease
Agreement and such other information and documents as we consider necessary in the
circumstances. As to questions of fact material to our opinion, we have relied upon such
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City of Cupertino May 11, 2017
Cupertino Public Facilities Corporation Page 2
The Bank of New York Mellon Trust Company, N.A.
representations and certifications of public officials and others furnished to us and such other
documents as we deemed necessary in the circumstances, without undertaking to verify such
facts by independent investigation.
Based upon the foregoing, we are of the opinion, as of the date hereof, that the
execution of the Ground Lease will not cau se the interest components of the Lease Payments to
become subject to federal income taxes or State personal income taxes.
This opinion is rendered solely for the benefit of the addressees hereof, and may not be
relied upon by any other person without our prior written consent.
Respectfully submitted,
15
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2761 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:6/26/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Presentation regarding the Fourth of July activities
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Presentation regarding the Fourth of July activities
Receive the presentation
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2051 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:7/5/2017
Title:Subject: Approve the June 20 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Approve the June 20 City Council minutes
Approve the June 20 City Council minutes
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, June 20, 2017
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 5:00 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in
the Cupertino Community Hall Council Chambers, 10350 Torre Avenue. The closed session
continued in City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Savita Vaidhyanathan, and Councilmembers Barry Chang, Steven Scharf,
and Rod Sinks. Absent: Vice Mayor Darcy Paul.
Council went into closed session and reconvened in open session at 6:45 p.m. in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue for the Regular
Meeting.
CLOSED SESSION
1. Subject: Conference with Legal Counsel - Anticipated Litigation Initiation of litigation
pursuant to subdivision (c) of Government Code Section 54956.9 (one potential case).
Written communications for this item included emails to Council.
Jennifer Griffin spoke on this item.
Mayor Vaidhyanathan announced that Council gave direction to staff for Conference
with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to
subdivision (c) of Government Code Section 54956.9 (one potential case).
REGULAR CITY COUNCIL MEETING
ROLL CALL
At 6:45 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in
the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of
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City Council Minutes June 20, 2017
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Allegiance.
Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul (7:30 p.m.), and
Councilmembers Barry Chang, Steven Scharf, and Rod Sinks.
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Proclamation for July as National Park & Recreation Month
Recommended Action: Present Proclamation for July as National Park & Recreation
Month
Mayor Vaidhyanathan presented the proclamation to Cupertino Recreation and
Community Services staff for July as National Park & Recreation Month.
2. Subject: Presentation regarding Fourth of July festivities
Recommended Action: Receive presentation regarding Fourth of July festivities
Written communications for this item included a staff PowerPoint presentation.
Senior Recreation Manager Mariah Dabel and Street Department Supervisor Brad
Alexander gave a presentation via PowerPoint.
Bicycle and Pedestrian Commissioner Jennifer Shearin spoke in support of this item.
Council received the presentation regarding Fourth of July festivities.
3. Subject: Proclamation for International Yoga Day on June 21
Recommended Action: Present Proclamation for International Yoga Day on June 21
Mayor Vaidhyanathan presented the proclamation to yoga instructor Sa-ad Kongboo
and a few students on behalf of the Cupertino Sports Center.
4. Subject: Presentation regarding Climate Action Plan & Greenhouse Gas Inventory
Recommended Action: Receive presentation regarding Climate Action Plan &
Greenhouse Gas Inventory
Written communications for this item included a staff PowerPoint presentation.
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City Council Minutes June 20, 2017
3
Sustainability Manager Misty Mersich introduced the item and Ben Butterworth from
DNVGL gave a presentation via PowerPoint.
Council received the presentation regarding Climate Action Plan & Greenhouse Gas
Inventory.
POSTPONEMENTS - None
ORAL COMMUNICATION
Jennifer Griffin talked about the proposed San Jose Urban Villages development bordering
eastern Cupertino.
Sean Pan on behalf of Squadz, Inc. talked about a new web-based platform Venue Portal
business development. He distributed written comments.
Muni Madhdhipatla talked about the proposed San Jose Urban Villages development
bordering eastern Cupertino.
Catherine Moore talked about Friendship Cities with Cupertino.
CONSENT CALENDAR
Paul moved and Sinks seconded to approve the items on the Consent Calendar as presented
except for item number 6 which was pulled for discussion. Ayes: Vaidhyanathan, Paul,
Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None.
5. Subject: Approve the June 6 City Council minutes
Recommended Action: Approve the June 6 City Council minutes
6. Subject: Budget appropriation for the funding agreement between the City of
Cupertino and Santa Clara Valley Transportation Authority (VTA) for the I-280/Wolfe
Road Interchange Improvements Project
Recommended Action: Approve the budget appropriation for the funding agreement
between the City of Cupertino and Santa Clara Valley Transportation Authority (VTA)
for the I-280/Wolfe Road Interchange Improvements Project
Senior Civil Engineer David Stillman reviewed the staff report.
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City Council Minutes June 20, 2017
4
Jennifer Griffin spoke on this item.
Sinks moved and Paul seconded to approve the budget appropriation for the funding
agreement between the City of Cupertino and Santa Clara Valley Transportation
Authority (VTA) for the I-280/Wolfe Road Interchange Improvements Project. The
motion carried unanimously.
7. Subject: 2016 Department of Housing and Community Development (HCD) Annual
Housing Element Progress Report
Recommended Action: Accept the 2016 Department of Housing and Community
Development (HCD) Annual Housing Element Progress Report
SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS
8. Subject: Fiscal Year 2017-18 Fee Schedule (continued from June 6)
Recommended Action: Adopt Resolution No. 17-052 approving the FY 2017-18 Fee
Schedule (continued from June 6)
Director of Administrative Services Kristina Alfaro reviewed the staff report.
Mayor Vaidhyanathan opened the public hearing. Seeing no speakers, the public
hearing was closed.
Sinks moved and Scharf seconded to adopt Resolution No. 17-052 approving the FY
2017-18 Fee Schedule. The motion carried unanimously.
9. Subject: Public hearing to consider the Capital Improvement Plan (CIP); and a finding
of General Plan conformance; and the Recommended Budget for Fiscal Year (FY) 2017-
18; and the Adoption of the Recommended Budget; and Establishment of the
Appropriation Limit, and related actions
Recommended Action: 1. Adopt Resolution No. 17-053 establishing a special project
budget for Public Works Traffic Engineering Program for costs related to Apple Pass
through Revenues for FY 2017-18; and 2. Adopt Resolution No. 17-054 establishing an
Operating Budget and Capital Budget for FY 2017-18; and 3. Approve the
appropriation of $22,000 in Public Works Traffic Engineering for a Senior Mobility Pilot
Program; and 4. Approve the appropriation of $800 to $1000 for City Council
Community Funding for the Iranian Federated Women’s Club Event; and 5. Approve
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City Council Minutes June 20, 2017
5
the appropriation of $50,000 for the Creekside Bldg. Roof Modification; and 6. Approve
the appropriation of $779,762 in the Capital Improvement Fund and the appropriation
of $779,762 in transfers out from the Transportation Fund to fund Bike Plan
Implementation costs in the Capital Improvement Fund; and 7. Approve the
appropriation of $3 million in Capital Projects for the Bike Plan Implementation and
the additional appropriation of $3 million in transfers out of the Capital Reserve to
fund Bike Plan costs; and 8. Adopt Resolution No. 17-055 establishing an
Appropriation Limit for FY 2017-18; and 9. Adopt Resolution No. 17-056 amending the
Unrepresented Employees’ Compensation Program
Written communications for this item included two staff PowerPoint presentations.
Director of Administrative Services Kristina Alfaro and Senior Management Analyst
Karen Guerin reviewed the staff report via a PowerPoint presentation.
Councilmember Sinks left the dais during the review of the pass through revenues for
Apple Campus 2 and then returned.
Vice Mayor Paul left the meeting at 8:30 p.m.
Director of Public Works Timm Borden reviewed the 2016 Bicycle Transportation Plan
Implementation via a PowerPoint presentation.
Mayor Vaidhyanathan opened the public hearing and the following individuals spoke:
Jennifer Griffin
Mayor Vaidhyanathan closed the public hearing.
Action item numbers 2-9 were voted on first followed by action item number 1.
Sinks moved and Scharf seconded to: 2. Adopt Resolution No. 17-054 establishing an
Operating Budget and Capital Budget for FY 2017-18; and 3. Approve the
appropriation of $22,000 in Public Works Traffic Engineering for a Senior Mobility Pilot
Program; and 4. Approve the appropriation of $400 for City Council Community
Funding for the Iranian Federated Women’s Club Event; and 5. Approve the
appropriation of $50,000 for the Creekside Bldg. Roof Modification; and 6. Approve the
appropriation of $779,762 in the Capital Improvement Fund and the appropriation of
$779,762 in transfers out from the Transportation Fund to fund Bike Plan
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City Council Minutes June 20, 2017
6
Implementation costs in the Capital Improvement Fund; and 7. Approved the
appropriation of $3 million in Capital Projects for the Bike Plan Implementation and
the additional appropriation of $3 million in transfers out of the Capital Reserve to
fund Bike Plan costs with an amendment to use funding allocated to phases of the
Stevens Creek Boulevard Separated Bike Lane project for the McClellan Road
Separated Bike Lane project to be banked for multiple years to ensure project
completion. The McClellan Road Separated Bike Lane project includes the extension
easterly to Cupertino High School, including the Regnart Creek Trail; and 8. Adopt
Resolution No. 17-055 establishing an Appropriation Limit for FY 2017-18; and 9.
Adopt Resolution No. 17-056 amending the Unrepresented Employees’ Compensation
Program. The motion carried unanimously with Paul absent.
Councilmember Sinks recused himself from voting on the adoption of Resolution No.
17-053 due to a conflict of interest and left the dais.
Chang moved and Scharf seconded to adopt Resolution No. 17-053 establishing a
special project budget for Public Works Traffic Engineering Program for costs related to
Apple Pass through Revenues for FY 2017-18. The motion carried unanimously with
Paul absent and Sinks recusing.
Councilmember Sinks returned to the dais.
10. Subject: 2017-18 Community Development Block Grant (CDBG) Program, General
Fund Human Service Grants (HSG) Program and Below Market Rate (BMR) Affordable
Housing Fund (AHF) funding allocations
Recommended Action: Conduct the Public Hearing and adopt Resolution 17-057
approving the 2017-18 Community Development Block Grant Program (CDBG),
General Fund Human Service Grants (HSG) Program and Below Market Rate (BMR)
Affordable Housing Fund (AHF) funding allocations
Written communications for this item included a staff PowerPoint presentation.
Senior Planner Kerri Heusler reviewed the staff report via a PowerPoint presentation.
Mayor Vaidhyanathan opened the public hearing. Seeing no speakers, the public
hearing was closed.
Scharf moved and Sinks seconded to adopt Resolution 17-057 approving the 2017-18
Community Development Block Grant Program (CDBG), General Fund Human Service
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City Council Minutes June 20, 2017
7
Grants (HSG) Program and Below Market Rate (BMR) Affordable Housing Fund
(AHF) funding allocations. The motion carried unanimously with Paul absent.
11. Subject: Development project to consider allowing the construction of a 19 unit
affordable senior housing development with associated parking and landscape
improvements on a vacant parcel including a Heart of the City Exception to allow 100%
of the front and rear of the property to be a non-retail use (Application No. (s): DP-
2016-02, ASA-2016-15, EXC-2017-03; Applicant(s): Kathy Robinson (Charities Housing);
Location: 19160 Stevens Creek Boulevard; APN(s): 375-07-001)
Recommended Action: Staff recommends that the City Council: 1. Find that the
proposed actions are exempt from CEQA; and 2. Adopt Resolution No. 17-058
approving Development Permit (DP-2016-02); and 3. Adopt Resolution No. 17-059
approving Architectural and Site Approval (ASA-2016-15); and 4. Adopt Resolution
No. 17-060 approving Heart of the City Exception (EXC-2017-03)
Written communications for this item included a staff PowerPoint presentation,
Stevens Creek Studios design pictures, and letters and emails to Council.
Associate Planner Gian Paolo Martire reviewed the staff report via a PowerPoint
presentation.
Director of Housing Development at Charities Housing Kathy Robinson answered
questions from Council.
The following individuals spoke on this item:
Jennifer Griffin
Tracey Edwards on behalf of the League of Women Voters Cupertino-Sunnyvale
Chang moved and Sinks seconded to: 1. Find that the proposed actions are exempt
from CEQA; and 2. Adopt Resolution No. 17-058 approving Development Permit (DP-
2016-02); and 3. Adopt Resolution No. 17-059 approving Architectural and Site
Approval (ASA-2016-15); and 4. Adopt Resolution No. 17-060 approving Heart of the
City Exception (EXC-2017-03). The motion carried unanimously with Paul absent.
ORDINANCES AND ACTION ITEMS
12. Subject: Brush abatement for public nuisance and potential fire hazard
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City Council Minutes June 20, 2017
8
Recommended Action: Remove this item from the agenda since all parcels on the list
have complied
City Clerk Grace Schmidt noted that all parcels on the list have complied with the
abatement and the item can be removed from the agenda.
13. Subject: First reading of an Ordinance Amending Chapter 16.72 of the Cupertino
Municipal Code regarding Recycling and Diversion of Construction and Demolition
Waste
Recommended Action: Conduct the first reading of Ordinance No. 17-2164: "An
Ordinance of the City Council of the City of Cupertino amending Sections 16.72.010,
16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060 and 16.72.070 of Chapter 16.72 of
Title 16 of the Cupertino Municipal Code regarding recycling and diversion
requirements for construction and demolition waste to be consistent with the California
Green Building Standards Code"
Director of Public Works Timm Borden reviewed the staff report.
Environmental Programs Manager Cheri Donnelly answered questions from Council.
City Clerk Grace Schmidt read the title of the ordinance.
Chang moved and Sinks seconded to read Ordinance No. 17-2164 by title only and
that the City Clerk’s reading would constitute the first reading thereof. Ayes:
Vaidhyanathan, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent: Paul.
REPORTS BY COUNCIL AND STAFF
14. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt reminded Councilmembers that the next Council meeting
would be on July 5 due to the Fourth of July holiday.
Councilmembers highlighted the activities of their committees and various community
events.
ADJOURNMENT
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City Council Minutes June 20, 2017
9
At 10:34 p.m., Mayor Vaidhyanathan adjourned the meeting.
_______________________
Grace Schmidt, City Clerk
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2736 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/12/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Accept Accounts Payable for the period ending April 14, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Accept Accounts Payable for the period ending April 14, 2017
Adopt Resolution No. 17-061 accepting Accounts Payable for the period ending April 14, 2017
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
April 14, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 5th day of July, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2738 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/13/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Accept Accounts Payable for the period ending May 5, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Accept Accounts Payable for the period ending May 5, 2017
Adopt Resolution No. 17-062 accepting Accounts Payable for the period ending May 5, 2017
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
powered by Legistar™42
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
May 5, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 5th day of July, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2739 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/13/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Accept Accounts Payable for the period ending May 12, 2017
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Resolution
B - AP Report
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Accept Accounts Payable for the period ending May 12, 2017
Adopt Resolution No. 17-063 accepting Accounts Payable for the period ending May 12, 2017
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
powered by Legistar™54
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN
THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED
FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD
ENDING
May 12, 2017
WHEREAS, the Director of Administrative Services or her designated
representative has certified to accuracy of the following claims and demands and
to the availability of funds for payment hereof; and
WHEREAS, the said claims and demands have been audited as required
by law.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby
allows the following claims and demands in the amounts and from the funds as
hereinafter set forth in the attached Payment Register.
CERTIFIED: _____________________________
Lisa Taitano, Finance Manager
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 5th day of July, 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2770 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/28/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Establishment of Friendship City Relationships
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Haikou Friendship City Application
B - Jilin Friendship City Application
C - Naning Friendship City Application
D - Nantong Friendship City Application
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Establishment of Friendship City Relationships
Review and consider four (4) applications establishing Friendship City relationships with
Haikou, People’s Republic of China; Jilin, People’s Republic of China; Guiyang, People’s
Republic of China; Naning, People’s Republic of China; and Nantong, People’s Republic of
China
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
Subject
Establishment of Friendship City Relationships
Recommended Action
Review and consider four (4) applications establishing Friendship City relationships with
Haikou, People’s Republic of China; Jilin, People’s Republic of China; Guiyang, People’s
Republic of China; Naning, People’s Republic of China; and Nantong, People’s Republic
of China.
Background
At its September 6, 2016 meeting, Council approved amendments to the City’s Policies
and Guidelines on Sister Cities to include a designation for Friendship City relationships.
Following this action, staff created an application and made it available to interested
parties. To date, the City Council has established twenty-two (22) Friendship City
relationships.
Description
The City recognizes the value of developing people-to-people contacts as a way to further
international communication and understanding. Friendship City partnerships can be an
effective method in fostering increased global cooperation and communication between
the City of Cupertino and international municipalities. As such, the City welcomes
friendly relationships with cities from around the world.
Staff has received four (4) new applications from Friendship City groups representing:
Haikou, People’s Republic of China
Jilin, People’s Republic of China
Naning, People’s Republic of China
Nantong, People’s Republic of China
If the applications are approved by Council, the Mayor would sign the agreements
establishing Friendship City Designations between the City and the international
municipalities. The agreements would expire in two years unless renewed.
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Sustainability Impact
To the extent that encouraging Friendship City relationships leads to additional
international travel and delegation visits, there will be an increase in transportation-
related greenhouse gas emissions.
Fiscal Impact
The policy establishes Friendship Cities differently from Sister Cities. Friendship Cities
are not eligible for City funding. Any direct financial obligation from the City for
Friendship Cities would be limited to providing promotional items not to exceed $15 per
delegate. Indirectly, each international delegation visit uses approximately 1 to 2 hours
of staff effort, which equates to about $75 to $150 of staff time per visit.
_____________________________________
Prepared by: Brian Babcock, Public Information Officer
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Haikou Friendship City Application
B – Jilin Friendship City Application
C – Naning Friendship City Application
D – Nantong Friendship City Application
72
CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR DESIGNATION
1. Name and Country of the proposed Friendship City and the Friendship City
Committee: Haikou City, Hainan Province, People’s Republic of China
Cupertino-Haikou Friendship City Association.
2. Today’s date: June 28, 2017
3. Name of person requesting relationship: Fiona Xiao
Title: President
Affiliation:
Address: 310 Crescent Village Circle, Apt. 1360, San Jose, CA 95134
Phone: 408-896-1116
Email: fionausdream@yahoo.com
4. City of Cupertino Sponsor: Former Mayor / Council member Barry Chang
5. Friendship City Elected Official Sponsor: Mayor Ni, Qiang
6. RATIONALE:
Haikou City is located at the southern end of China with many scenery places with
clean air and environment. The tourism business is one of the main business. Their
city leaders and provincial leaders are eager to build the technology industry. They
feel the friendship city relationship can benefit both Cupertino and Haikou.
Tourism business is a good business for exchanges that both cities can engage.
7. RESOURCES:
The Association will raise fund for the future activities such as: Tour show of Haikou
City. They will participate in G-50 Global Smart City Summit event and Tell Your
Story events this December. They will raise fund through their network with the
resident in the area and will not seek funding from City of Cupertino.
8. PROFILE:
Hǎikǒu (Chinese: 海口), is the capital and most populous city of Hainan province, China.[1] It is situated on
the northern coast of Hainan, by the mouth of the Nandu River. The northern part of the city is the district
of Haidian Island, which is separated from the main part of Haikou by the Haidian River, a branch of the
Nandu.
Administratively, Haikou is a prefecture-level city, comprising four districts, and covering 2,280 square
kilometres (880 sq mi). There are 2,046,189 inhabitants in the built up area all living within the 4 urban
districts of the city.[2]
Haikou was originally a port city. Today, more than half of the island's total trade still goes through its ports.
The city is home to Hainan University, which has its main campus on Haidian Island.
9. ADDITIONAL INFORMATION:
Chinese government designates Guiyang city is the center for big data in China.
73
CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR
DESIGNATION
1. Name and Country of the proposed Friendship City: Jilin City, Jilin Province,
People’s Republic of China
2. Friendship City Committee: Cupertino-Jilin Friendship City Association
3. Today’s date: June 28, 2017
4. Name of person requesting relationship: Susan Gu
Title: President
Affiliation: Cupertino – Jilin Friendship City Association
Address: 21865 Lomita Ave, Cupertino
Phone: 408-666-8639
Email: gudajie5001@gmail.com
5. City of Cupertino Sponsor: Former Mayor / Council member Barry Chang
6. Nantong City Mayor: HUANQIU ZHANG 张焕秋
7. RATIONALE:
Jilin is adjacent to Beijing City. It is growing rapidly. There are many high tech
companies move into the city due to the high expenses in Beijing City for housing
and commercial land price. Jilin eventually will connect with Shanghai.
The city is paying much of the attention to keep the economic in a very nice and
attractive point. In the mean time, the government is focusing on high technology
development. They would like to learn more from Cupertino. Cupertino can benefit
from the high tech business and other businesses.
8. RESOURCES:
The Association will raise fund for the future activities like: G-50 Global Smart City
Summit event and Tell Your Story to the world about your city events. We will raise
fund through our network with the resident in the area and will not ask for funding
from City of Cupertino.
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9. PROFILE:
Jilin (Chinese: 吉林; pinyin: Jílín) is one of the three provinces of Northeast China.
Jilin borders North Korea and Russia to the east, Heilongjiang to the
north, Liaoning to the south, and Inner Mongolia to the west.
10. Jilin New and Hi-tech Industry Development Zone
The zone was founded in 1992 and located in Jilin City. It covering
818 km2 (316 sq mi) of planned area with 242 km2 (93 sq mi) established. The
leading industries in the zone are new materials, refined chemical products,
integration of photoelectron and mechanism, electronics, medicine
and bioengineering. A mere 14 km (8.7 mi) from Songhua Lake, the nearest bus and
train stations are within 3 km (1.9 mi).
The Jilin Economic and Technological Development Zone was founded in May 1998
and is in the northeast of Jilin City. The zone has a total planned area of 28 square
kilometres (11 sq mi). It is 90 kilometres (56 mi) from Changchun, 5 km from Jilin
Airport, and 8 km from Jilin Railway Station.
Major industries include refined chemicals, bioengineering, fine processing of
chemical fiber, and farm products. It is divided into four parts: the Chemical
Industrial Park, the Food Industrial Park, the Textile Industrial Park, and the Medical
Industrial Park. The latter specializes in the development of traditional Chinese
pharmaceuticals, mini molecule medicine, bio-pharmaceuticals and health products.
11. ADDITIONAL INFORMATION: None.
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CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR
DESIGNATION
1. Name and Country of the proposed Friendship City: Nanning City, Guangxi
Province, People’s Republic of China
2. Friendship City Committee: Cupertino-Nanning Friendship City Association
2. Today’s date: June 28, 2017
3. Name of person requesting relationship: J. J. Chen
Title: President
Affiliation: Cupertino – Nanning Friendship City Association
Address: 55 North 13th Ave., San Jose, CA 95112
Phone: 1-408-910-2777
Email: jjpptac@gmail.com
4.City of Cupertino Sponsor: Former Mayor / Council member Barry Chang
5. Nanning City Vise Mayor: Weimin Liu
6. RATIONALE:
Nanning is capital city of Guagxi. Nanning has very strong relationship with the cites
for Southeast Asia area, it’s the local city that plays important global role and unites
the mayors, local people, city citizens for the cities of Southeast Asia area . The city
grows rapidly but the city government focus on the clean environment and sustain
economic. They are building the sharing health care system all over the whole city and
expending to the whole state now. The Foxconn Technology Group, the biggest
business partner of Apple,Inc also settles in Nanning to target the whole market of
South Asia area, and some of the startups from Silicon Valley have been settle on the
platform of Foxconn.
Nanning will be the platform for the companies of Silicon Valley to target the market of
Southeast Asia area. As all know of the global business strategy, the friendship between
Nanning and Cupertino will benefit the Apple Inc, the biggest tax payer of Cupertino,
and other companies of Silicon Valley which target the market Southeast Sea Area.
Cupertino is the center city of Silicon Valley that has been playing global role in the
world, the friendship that Cupertino has been spreading all over the world will
feedback to Cupertino itself, its citizens ,its entrepreneurs and its companies.
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7. RESOURCES:
The Association will raise fund for the future activities like: G-50 Global Smart City
Summit event and Tell Your Story to the world about your city events. We will raise
fund through our network with the resident in the area and will not ask for funding
from City of Cupertino.
8. PROFILE:
Nanning (Chinese: 南宁; pinyin: Nánníng; Zhuang: Nanzningz) is the capital of
the Guangxi Zhuang Autonomous Region in southern China.It is known as the
"Green City" because of its abundance of lush tropical foliage. As of 2014 it had a
population of 6,913,800 with 4,037,000 in its urban area.
Sister cities
• Khon Kaen, Thailand (2001)
Demographics
At 2010 census, the total population of Nanning was 6,611,600, among which
2,875,220 were urban residents (after the adjustment of administrative divisions)
and 2,480,340 in the built up area made of 5 out of 6 urban districts. Nanning is a
city in which Zhuang ethnic group live in compact communities. Thirty-five ethnic
groups live in compact communities in Nanning, including people of Zhuang, Han,
Yao, Hui, Miao, Dong, and Man minorities.
Cityscape
Nanning is home of the 21st tallest building[3] in the People's Republic of China,
the Diwang International Commerce Center, at 276 m (906 ft), currently the tallest
building in Guangxi and southwestern China (excluding Chongqing). The second
tallest building in Nanning is the World Trade Commerce City at 218 meters. The
city currently has seven buildings taller than 100 m (330 ft), built or under
construction.
Nanning has many parks with tropical lush green landscape, it is one of the
"greenest" cities in China, and it's known as "Green City"(绿城). Nanning's
downtown skyline is rapidly changing and the city is becoming an important hub in
China.
Recently, the government has begun a citywide beautification plan which aimed
to further clean up the city and improve its image. This involved curtailing the
number of street-side food vendors operating without proper licenses and
restricting parking in busy streets. The program has achieved initial success,
long-term efforts are still needed to deliver lasting results.
Economy
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Nanning's GDP in 2015 was 341 billion RMB.[4] The GDP per capita was $7,844.
Foreign exports in 2007 were 10 billion USD. Foreign fixed asset investment was
34.3 billion RMB. Nanning has six development zones and industrial parks, three
of which accounted for 6 billion RMB of Nanning's GDP, more than 8 percent of
Nanning's total.
Mineral resources include gold, iron, manganese, aluminum, quartz, silver,
indium, coal, marble, and granite. One third of China's different types of mineral
resources are found in Nanning.
Industrial zones
• Guilin High-tech Industrial Development Zone
• Nanning Economic & Technological Development Area
9. ADDITIONAL INFORMATION: None.
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CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR
DESIGNATION
1. Name and Country of the proposed Friendship City: Nantong City, Jiangsu
Province, People’s Republic of China
2. Friendship City Committee: Cupertino-Nantong Friendship City Association
3. Today’s date: June 27, 2017
4. Name of person requesting relationship: James Li
Title: President
Affiliation: Cupertino – Nantong Friendship City Association
Address: 10440 S. Blaney Ave., Cupertino, CA 95014
Phone: 510-502-8018
Email: lijames101@gmail.com
5. City of Cupertino Sponsor: Former Mayor / Council member Barry Chang
6. Nantong City Mayor: ZHIPENG LU 陆志鹏
7. RATIONALE:
Nantong is adjacent to Shanghai City. It is growing rapidly. There are many high
tech companies move into the city due to the high expenses in Shanghai City for
housing and commercial land price. Nantong eventually will connect with Shanghai.
The city is paying much of the attention to keep the environment in a very nice and
attractive point. In the mean time, the government is focusing on “Smart City”
development. They would like to learn more from Cupertino. Cupertino can benefit
from the high tech business and other businesses.
8. RESOURCES:
The Association will raise fund for the future activities like: G-50 Global Smart City
Summit event and Tell Your Story to the world about your city events. We will raise
fund through our network with the resident in the area and will not ask for funding
from City of Cupertino.
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9. PROFILE:
Nantong (Chinese: 南通; pinyin: Nántōng) is a prefecture-level
city in Jiangsu province, China. Located on the northern bank of the Yangtze River,
near the river mouth. Nantong is a vital river port bordering Yancheng to the
north, Taizhou to the west, Suzhou and Shanghai to the south across the river, and
the East China Sea to the east. Its current population is 7,282,835 at the 2010
census, 1,994,708 of whom live in the built-up area made up of three urban
districts.
10. Nantong Economic & Technological Development Area:
Established in 1984, Nantong Economic & Technological Development Area
(NETDA) was one of the first state-level development zones approved by the Chinese
Central Government and has been certified as an ISO 14000 National Demonstration
Zone. The zone benefits from superior transportation facilities by both rail and road.
NETDA has direct links to two railways: the Xinyi-Changxing Railway and the
Nanjing-Qidong Railway. Su-Tong Yangtze River Bridge feeds into the center of
NETDA and connects the Nanjing-Nantong and Yancheng-Nantong Expressways to
the north, and Shanghai-Nanjing and Suzhou-Jiaxing-Hangzhou Expressways and
Riverside Expressways to the south.
NETDA includes several subsidiary zones including Nantong Export Processing
Zone, New Material Park, Opto-mechatronics Industrial Park and NETDA Business
Park. Special incentives are offered for investments in areas of modern equipment
manufacturing, such as in new materials, engineering, fine chemicals, new
medicines, new energy and modern services. At present, NETDA has attracted a
large number of renowned companies to settle in Nantong, such as Vonnex Allied
IT Services, OJI Paper, Maxion, Johnson Controls, ITOCHU, TSRC Corporation,
and Merck KGaA
11. ADDITIONAL INFORMATION: None.
80
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2746 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/14/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Application for Alcohol Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634
Stevens Creek Boulevard
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Application for Alcohol Beverage License for Boiling Fish, Inc. (dba Boiling Fish),
19634 Stevens Creek Boulevard
Recommend approval to the California Department of Alcoholic Beverage Control of the
application for Alcohol Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634
Stevens Creek Boulevard
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
Subject
Application for Alcoholic Beverage License for Boiling Fish, Inc. (dba Boiling Fish),
19634 Stevens Creek Boulevard.
Recommended Action
Recommend approval to the California Department of Alcoholic Beverage Control of
the Application for Alcoholic Beverage License for Boiling Fish, Inc. (dba Boiling Fish),
19634 Stevens Creek Boulevard.
Description
Name of Business: Boiling Crab
Location: 19634 Stevens Creek Boulevard
Type of Business: Restaurant
Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant)
Reason for Application: Annual Fees, Person-to Person Transfer
Discussion
There are no zoning or use permit restrictions which would prohibit the sale of alcohol
as proposed and staff has no objection to the issuance of this license. License Type 41
authorizes the sale of beer and wine for consumption on or off the premises where sold.
This business is located in the Cupertino Marketplace Shopping Center.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Jeffrey Tsumura, Assistant Planner, Community Development
Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti
Shrivastava, Assistant City Manager - Community Development and Strategic Planning
Approved for Submission by: David Brandt, City Manager
Attachment: A - Application
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
82
83
84
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2762 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/26/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Proposed Lease with AT&T Wireless for colocation on the existing cell tower located on the
Civic Center Property (10300 Torre Avenue), subject to the terms of any previously issued City
planning permits
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Ground Space Lease - New Cingular Wireles, PCS, LLC (AT&T)
B - Memorandum of Lease - New Cingular Wireles, PCS, LLC (AT&T)
C - Draft Resolution - New Cingular Wireless PCS, LLC (AT&T)
D - Preliminary Construction Plans for AT&T Collocation - Cupertino Civic Center
E - Photo simulations (from Verizon Cell Tower Approval)
F - Verizon Approval Letter for Colocation
G - Compliance Report
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Proposed Lease with AT&T Wireless for colocation on the existing cell tower located
on the Civic Center Property (10300 Torre Avenue), subject to the terms of any previously
issued City planning permits
Staff recommends that Council adopt Resolution No. 17-064 to: 1. Authorize the City Manager
to execute an Antenna Ground Lease between the City of Cupertino and New Cingular
Wireless PCS, LLC (AT&T Wireless) for a term of up to five years, for colocation on the
existing cell tower located on the Civic Center Property, in substantially the form as presented
to Council, and subject to the terms of any City-issued permits; and 2. Authorize the City
Manager to negotiate and execute up to two additional five year (5-year) options consistent
with the terms of the Lease
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
Subject
Proposed Lease with AT&T Wireless for colocation on the existing cell tower located on
the Civic Center Property (10300 Torre Avenue), subject to the terms of any previously
issued City planning permits.
Recommended Action
Staff recommends that Council adopt a Resolution to:
1. Authorize the City Manager to execute an Antenna Ground Lease between the City
of Cupertino and New Cingular Wireless PCS, LLC (AT&T Wireless) for a term
of up to five years, for colocation on the existing cell tower located on the Civic
Center Property, in substantially the form as presented to Council, and subject to the
terms of any City-issued permits; and
2. Authorize the City Manager to negotiate and execute up to two additional five year
(5-year) options consistent with the terms of the Lease
Description
For more than four years, the City has been in and out of negotiations with New
Cingular Wireless PCS, LLC (AT&T Wireless) for a cell tower at the Civic Center site
located at 10300 Torre Avenue, Cupertino. AT&T eventually put the project on hold and
Verizon Wireless proceeded as the lead on the permitting and construction of the Civic
Center cell tower. The cell tower and the existing lease with Verizon were designed for
and will accommodate colocation of a second telecommunications firm. At the time the
Civic Center cell tower and the Verizon lease agreement were approved, City Council
had directed staff to work with AT&T to collocate their facilities on the tower. AT&T
Wireless is currently requesting that the City permit them to collocate on the existing
cell tower.
Discussion
The AT&T Wireless lease will commence on the first day of the month following the
date of the building permit issuance. AT&T Wireless is required to diligently pursue the
building permit.
86
The existing cell tower was designed and constructed to accommodate a second carrier
both on the pole and on the ground. The proposed AT&T colocation project consists of a
ground lease area of approximately 510 square feet. The project will relocate the
existing six Verizon antennas to the upper position on the pole, where the antenna array
will be centered at 66’ in height. The tree pole will extend to an overall height of 75’,
which is below the 80’ maximum height limit that was approved by the Planning
Commission (PC Resolution No. 6788). AT&T will position its antenna array at the same
elevation as the existing Verizon antennas, which are centered at 52’ in height. AT&T
proposes to install twelve antennas at this height. The colocation of AT&T facilities will
complete the visual aspects of the monopole, so that the tree will approximate the photo
simulations that were reviewed as part of the initial Verizon cell tower approval.
AT&T Wireless has agreed to one initial five year term with two subsequent terms of
five years each, for a total of 15 years. The City has the right of relocation at its own
expense in the event that the City requests such relocation (see Section 2.4 of the
agreement).
Base rent is set at $3,000 per month. This sum is consistent with other leases in Silicon
Valley, and the existing lease with Verizon Wireless. The annual increase is set at 3%
per year; it is calculated at a compound rate. AT&T Wireless is required to pay a
onetime additional consideration of $2,500 within sixty (60) days of the execution of the
lease.
The City may install antennas on the pole, as long as the antennas serve a public
purpose and do not interfere with either Verizon or AT&T Wireless operations. The
City may not install antennas for a commercial purpose.
The Verizon Wireless agreement permitted “pre-approval” of one co-locator, within the
terms of the lease. Thus, AT&T Wireless equipment can be placed on the pole with no
need to amend Verizon’s lease agreement. Any co-locators must obtain Verizon’s
approval, and AT&T has received approval from Verizon for this location. The lease
contains an indemnification provision that protects the City.
Sustainability Impact
No sustainability impact.
87
Fiscal Impact
The agreement will generate at least $3000 per month, with annual increases, for the
next five years.
_____________________________________
Prepared by: Chad Mosley, City Engineer
Reviewed by: Timm Borden, Director Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Ground Space Lease – New Cingular Wireless PCS, LLC (AT&T)
B – Memorandum of Lease - New Cingular Wireless PCS, LLC (AT&T)
C - Draft Resolution – New Cingular Wireless PCS, LLC (AT&T)
D - Preliminary Construction Plans for AT&T Collocation – Cupertino Civic
Center
E – Photo simulations (from Verizon Cell Tower Approval)
F – Verizon Approval Letter for Colocation
G – Compliance Report
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XXXXXXXPwrPwrPwr Pwr Pwr PwrTelTelTelTelTelTel
Alameda, CA 94501
1150 Ballenna Blvd.
PROJECT INFO
SITE NAME:
CENTRAL
CUPERTINO RELO
CCU2719
SITE NUMBER:
CCU2719
FA LOCATION
CODE:
10575109
ADDRESS:
10300 TORRE
AVE.
CUPERTINO, CA
95014
CITY OF
CUPERTINO
EXHIBIT 1
5001 EXECUTIVE PARKWAY, 4W550H
San Ramon, California 94583
PREPARED FOR
Mobility
NMID TX UTCOCAAZ------NV-
Suite #259
LEASE EXHIBIT /
MOL
PROPOSED 5' WIDE AT&T
POWER & TELCO JOINT
EASEMENT FROM P.O.C. TO (N)
AT&T EQUIPMENT SHELTER
RODRIGUEZ AVENUE
PROPOSED 10'-0" WIDE AT&T
ACCESS EASEMENT
PROPOSED AT&T LEASE AREA
(516 S.F.)
183
XXXXXXXXTelPwrAlameda, CA 94501
1150 Ballenna Blvd.
EXHIBIT 2
5001 EXECUTIVE PARKWAY, 4W550H
San Ramon, California 94583
PREPARED FOR
Mobility
NMID TX UTCOCAAZ------NV-
Suite #259
LEASE EXHIBIT /
MOL
PROPOSED AT&T EQUIPMENT
SHELTER18'-11" AT&T LEASE AREA17'-5" AT&T LEASE AREA
10'-8" AT&TLEASE AREA32'-0" AT&T LEASE AREA30'-0" AT&T LEASE AREA
55'-0" HIGH
MONOEUCALYPTUS
PROPOSED AT&T
CABLE BRIDGE
EXISTING CABLE
BRIDGE
PROJECT INFO
SITE NAME:
CENTRAL
CUPERTINO RELO
CCU2719
SITE NUMBER:
CCU2719
FA LOCATION
CODE:
10575109
ADDRESS:
10300 TORRE
AVE.
CUPERTINO, CA
95014
CITY OF
CUPERTINO
184
Alameda, CA 94501
1150 Ballenna Blvd.
EXHIBIT 3
5001 EXECUTIVE PARKWAY, 4W550H
San Ramon, California 94583
PREPARED FOR
Mobility
NMID TX UTCOCAAZ------NV-
Suite #259
LEASE EXHIBIT /
MOL
PROPOSED AT&T EQUIPMENT
SHELTER
EXISTING 55'-0" HIGH
MONOEUCALYPTUS
RELOCATED VERIZON
WIRELESS ANTENNAS
PROPOSED AT&T ANTENNAS
PROPOSED
MONOEUCALYPTUS TREE
EXTENSION
TOP OF PROPOSED EXTENSION
± EL. 70'-0" AGL
± EL. 52'-0" AGL
PROPOSED AT&T RAD CENTER
PROJECT INFO
SITE NAME:
CENTRAL
CUPERTINO RELO
CCU2719
SITE NUMBER:
CCU2719
FA LOCATION
CODE:
10575109
ADDRESS:
10300 TORRE
AVE.
CUPERTINO, CA
95014
CITY OF
CUPERTINO
185
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.17-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR ANTENNA
GROUND LEASE AGREEMENT WITH UP TO TWO FIVE-YEAR OPTIONS
BETWEEN THE CITY OF CUPERTINO AND NEW CINGULAR WIRELESS PCS, LLC
(AT&T WIRELESS) FOR A PORTION OF THE CUPERTINO CIVIC CENTER.
WHEREAS, the City Council has considered a request for an Antenna Ground
Lease Agreement between the City of Cupertino and New Cingular Wireless PCS, LLC
(AT&T Wireless), for the lease of facilities located at the Cupertino Civic Center, 10300
Torre Avenue; and
WHEREAS, the provisions, terms, and conditions of the Antenna Ground Lease
Agreement have been reviewed and approved by the City Attorney and City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the City Manager to execute the five-year Antenna Ground
Lease in the substantially similar form as set forth in the draft Ground Space Lease as
presented to Council, and further authorize the City Manager to negotiate and execute
up to two five-year options consistent with the terms of the Ground Space Lease on behalf
of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of July 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
186
Draft Resolution No. 17-XXX
Grace Schmidt Savita Vaidhyanathan, Mayor
City Clerk City of Cupertino
187
SHEET INDEX PROJECT INFORMATIONPROJECT DESCRIPTION PROJECT TEAM
DIRECTIONS FROM AT&T
TITLE SHEET
T-1
REV
DIRECTIONS FROM AT&T's OFFICE AT 5001 EXECUTIVE PARKWAY, SAN RAMON, CA
SITE NUMBER: CCL02719
1. HEAD SOUTH ON SAN RAMON VALLEY BLVD TOWARD DEERWOOD RD 0.3 MI
2. TURN LEFT ONTO CROW CANYON RD 194 FT
3. MERGE ONTO I-680 S VIA THE RAMP TO SAN JOSE 22.9 MI
4.TAKE THE MISSION BLVD/¿STATE ROUTE 262 EXIT TOWARD I-880 0.2 MIMerge onto I-680 S
5. KEEP RIGHT AT THE FORK, FOLLOW SIGNS FOR MISSION BLVD W AND MERGE ONTO MISSION BLVD 0.9
MI
6.KEEP LEFT AT THE FORK, FOLLOW SIGNS FOR INTERSTATE 880 S/¿SAN JOSE AND MERGE ONTO I-880 S
12.6 MI
7. TAKE THE EXIT ONTO I-280 N TOWARD SAN FRANCISCO 4.4 MI
8. TAKE THE WOLFE ROAD EXIT 0.3 MI
9. TURN LEFT ONTO N WOLFE RD 0.6 MI
10. TURN RIGHT ONTO STEVENS CREEK BLVD 0.7 MI
11. TURN LEFT ONTO TORRE AVEDESTINATION WILL BE ON THE LEFT0.4 MI
SITE NAME: RSFR LTE 1C ONLY_NSB_CCL02719
10300 TORRE AVENUE
CUPERTINO, CA 95014
JURISDICTION: CITY OF CUPERTINO
SITE TYPE: MONOEUCALYPTUS/SHELTER
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
CODE COMPLIANCE
Property Information:
Site Name: CENTRAL CUPERTINO RELO CCU2719
Site Number: CCU2719
Site Address:
10300 TORRE AVENUE
CUPERTINO, CA 95014
A.P.N. Number: 369-31-033
Current Use: COMMUNICATIONS FACILITY
Proposed Use: COMMUNICATIONS FACILITY
Jurisdiction: CITY OF CUPERTINO
Latitude (NAD 83): 37° 19' 08.92"
Longitude (NAD 83): 122° 01' 40.59"
Ground Elevation: 225' AMSL (NAVD 88)
VICINITY MAP
Property Owner:
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
at&t
T-1 TITLE SHEET 2
T-2 STATEMENT OF SPECIAL INSPECTIONS 2
GN-1 GENERAL NOTES 2
GN-2 SITE SIGNAGE 2
GN-3 MATERIAL SAFETY DATA SHEET & LEAD ACID BATTERY - 1 2
GN-4 MATERIAL SAFETY DATA SHEET & LEAD ACID BATTERY - 2 2
C-1 TOPOGRAPHIC SURVEY 2
A-1 OVERALL SITE PLAN 2
A-2 EXISTING ROOFTOP PLAN / ENLARGED SITE PLAN 2
A-2.1 PROPOSED ROOFTOP PLAN / ENLARGED SITE PLAN 2
A-3 EQUIPMENT AREA 2
A-4 ANTENNA PLAN 2
A-5 WEST ELEVATION VIEW 2
A-6 SOUTH ELEVATION VIEW 2
D-1 EQUIPMENT DETAILS 2
D-2 FOUNDATION DETAILS 2
D-3 DETAILS 2
E-1 ELECTRICAL & GROUNDING NOTES 2
E-2 SINGLE-LINE DIAGRAM & PANEL SCHEDULE 2
G-1 GROUNDING DETAILS 2
G-2 GROUNDING PLAN 2
Mobility
FA#: 10575109
PTN#: 3701A05RR8
USID: 146847
VICINITY MAP - ZOOMED
NN NN
INSTALLATION OF A NEW SITE BUILD, UNMANNED TELECOMMUNICATIONS FACILITY,
CONSISTING OF THE FOLLOWING:
·BRING POWER / TELCO / FIBER TO THE SITE LOCATION
·INSTALL (1) PROPOSED AT&T 20'-0" X 11'-5" (230 SQ. FT) EQUIPMENT SHELTER
WITH PROPOSED AT&T INDOOR EQUIPMENT
·INSTALL (1) PROPOSED AT&T 30kW, DIESEL GENERATOR LOCATED WITHIN
PROPOSED EQUIPMENT SHELTER
·INSTALL (1) PROPOSED 15' HEIGHT EXTENSION TO EXISTING STEALTH
MONOEUCALYPTUS TREE TO ACCOMMODATE AT&T ANTENNAS/EQUIPMENT
·INSTALL (12) PROPOSED AT&T 6' PANEL ANTENNAS (4 PER SECTOR) & (21) RRH'S
(7 PER SECTOR)
·INSTALL (1) PROPOSED AT&T COAX CABLE BRIDGE
·INSTALL PROPOSED AT&T POWER & FIBER CABLES FROM THE PROPOSED
EQUIPMENT AREA TO EACH SECTOR
·INSTALL (1) PROPOSED AT&T DC6 DOME IN EACH SECTOR
·INSTALL PROPOSED ~175' LONG, 3" CONDUIT FROM EXISTING UNDERGROUND
ELECTRICAL P.O.C. TO PROPOSED AT&T EQUIPMENT SHELTER WITHIN
PROPOSED 2' WIDE SHARED EASEMENT WITH TELCO
·INSTALL PROPOSED ~175' LONG, 4" CONDUIT FROM EXISTING TELCO
UNDERGROUND VAULT P.O.C. TO PROPOSED AT&T EQUIPMENT SHELTER
WITHIN A PROPOSED 2' WIDE SHARED EASEMENT WITH POWER
·INSTALL PROPOSED 12' WIDE, ~ 120' LONG ACCESS EASEMENT TO SITE WITHIN
PARKING LOT
·RELOCATE EXISTING VERIZON ANTENNAS TO HIGHER RAD CENTER.
SITE LOCATION,
SEE ZOOM IN
AT RIGHT
SITE LOCATION
Architect / Engineer:
IAN WHITELEY, EIT
A&E PROJECT MANAGER
J5 INFRASTRUCTURE PARTNERS
1150 BALLENA BLVD., SUITE 259
ALAMEDA, CA 94501
MOBILE: (831) 524-5048
iwhiteley@J5IP.COM
Site Acquisition:
LEESA C. GENDEL
J5 INFRASTRUCTURE PARTNERS
MOBILE: (415) 246-0535
lgendel@J5IP.COM
Zoning Mgr.:
MISAKO HILL
J5 INFRASTRUCTURE PARTNERS
MOBILE: (415) 533-2540
EMAIL: mhill@J5IP.COM
RF Engineer:
AT&T MOBILITY
GIL SHAHZADA
(925) 353-6078
email: gs262u@ATT.COM
Applicant / Lessee:
AT&T MOBILITY
ALEXANDER WILSON-DESBOIS
5001 Executive Parkway, 4W550H
San Ramon, CA 94583
EMAIL: ad122p@att.com
MOBILE: (415) 527-9276
Construction Mgr.:
DAN RICO
VINCULUMS SERVICES, INC.
(925) 876-6227
drico@vinculums.com
Power Agency:
PG&E
ph: (408) 261-5373
Telephone Agency:
AT&T
RFDS VERSION: 1.00
DATE: 05/12/17
SEARCH RING NAME: CUPERTINO CITY HALL
DO NOT SCALE DRAWINGS
THESE DRAWINGS ARE FORMATTED TO BE FULL SIZE AT 24" x 36". CONTRACTOR SHALL VERIFY ALL PLANS AND
EXISTING DIMENSIONS AND CONDITIONS ON THE JOBSITE AND SHALL IMMEDIATELY NOTIFY THE
ARCHITECT/ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR
MATERIAL ORDERS OR BE RESPONSIBLE FOR THE SAME.HANDICAP REQUIREMENTS
FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAP ACCESS IS NOT
REQUIRED PER CBC2016, SECTION 11B-203.4 (LIMITED ACCESS SPACE)
OCCUPANCY : U (UNMANNED COMMUNICATIONS FACILITY)
CONSTRUCTION TYPE: V-B
APPROVED BY:INITIALS:DATE:
VENDOR:
LEASING / LANDLORD:
R.F.:
ZONING:
CONSTRUCTION:
POWER / TELCO:
PG&E:
AT&T:
ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH
THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING
AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT
CONFORMING TO THESE CODES.
1) 2016 CALIFORNIA ADMINISTRATIVE CODE, CHAPTER 10, PART 1, TITLE 24 CODE OF
REGULATIONS
2) 2016 CALIFORNIA BUILDING CODE (CBC)
3) 2016 CALIFORNIA RESIDENTIAL CODE (CRC) WITH APPENDIX H, PATIO COVERS, BASED
ON THE 2012 IRC (PART 2.5)
4) 2016 CALIFORNIA GREEN BUILDINGS STANDARDS CODE (CALGREEN) (PART 11)
(AFFECTED ENERGY PROVISIONS ONLY)
5) 2016 CALIFORNIA FIRE CODE (CFC), BASED ON THE 2012 IFC, WITH CALIFORNIA
AMENDMENTS (PART 9)
6) 2016 CALIFORNIA MECHANICAL CODE (CMC), BASED ON THE 2012 UMC (PART 4)
7) 2016 CALIFORNIA PLUMBING CODE (CPC), BASED ON THE 2012 UPC (PART 5)
8) 2016 CALIFORNIA ELECTRICAL CODE (CEC) WITH CALIFORNIA AMENDMENTS, BASED
ON THE 2011 NEC (PART 3)
9) 2016 CALIFORNIA ENERGY CODE (CEC)- PART 6
10) ANSI / EIA-TIA-222-G
11) 2016 NFPA 101, LIFE SAFETY CODE
12) 2016 NFPA 72, NATIONAL FIRE ALARM CODE
13) 2016 NFPA 13, FIRE SPRINKLER CODE
GENERAL CONTRACTOR NOTESAPPROVALSOCCUPANCY AND CONSTRUCTION TYPE
STRUCTURAL: STRUCTURAL ANALYSIS IS NOT WITHIN THE SCOPE OF WORK CONTAINED IN THIS DRAWINGS SET. FOR
ANALYSIS OF EXISTING AND/OR PROPOSED COMPONENTS, REFER TO STRUCTURAL ANALYSIS PROVIDED UNDER
SEPARATE COVER.
ANTENNA MOUNT ANALYSIS IS NOT WITHIN THE SCOPE OF WORK CONAINED IN THIS DRAWING SET. FOR
ANALYSIS OF MOUNT TO SUPPORT EXISTING AND/OR PROPOSED COMPONENTS, REFER TO ANTENNA MOUNT
STRUCTURAL ANALYSIS PROVIDED UNDER SEPARATE COVER.
STATEMENTS
188
STATEMENT OF
SPECIAL
INSPECTIONS
T-2
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
1. NOTES AND DETAILS ON DRAWINGS SHALL TAKE PRECEDENCE OVER GENERAL NOTES.
2. NO PIPES, DUCTS, SLEEVES, CHASES, ETC., SHALL BE PLACED IN SLABS, BEAMS, OR WALLS UNLESS SPECIFICALLY SHOWN OR NOTED, NOR SHALL ANY
STRUCTURAL MEMBER BE CUT FOR PIPES, DUCTS, ETC., UNLESS OTHERWISE NOTED. CONTRACTOR SHALL OBTAIN PRIOR APPROVAL FOR INSTALLATION
OF ANY ADDITIONAL PIPES, DUCTS, ETC.
3. THE CONTRACT DRAWINGS AND SPECIFICATIONS REPRESENT THE FINISHED STRUCTURE. ALL MEASURES NECESSARY TO PROTECT THE STRUCTURE,
WORKERS AND PEDESTRIANS DURING CONSTRUCTION ARE THE RESPONSIBILITY OF THE CONTRACTOR. SUCH MEASURES SHALL INCLUDE, BUT NOT BE
LIMITED TO, BRACING, SHORING FOR LOADS DUE TO CONSTRUCTION EQUIPMENT, TEMPORARY STRUCTURES, AND PARTIALLY COMPLETED WORK, ETC.
OBSERVATION VISITS TO THE SITE BY THE ENGINEER OF RECORD SHALL NOT INCLUDE INSPECTION OF SUCH ITEMS.
4. THE FOLLOWING REQUIREMENTS SHALL BE MET FOR SPECIAL INSPECTION:
- THE SPECIAL INSPECTOR SHALL BE UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL ENGINEER.
- THE SPECIAL INSPECTOR SHALL FURNISH INSPECTION REPORTS TO THE ENGINEER OF RECORD, AND OTHER DESIGNATED PERSONS. ALL
DISCREPANCIES SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CONTRACTOR FOR CORRECTION; THEN IF UNCORRECTED, TO THE
PROPER DESIGN AUTHORITY AND THE BUILDING OFFICIAL.
- THE SPECIAL INSPECTOR SHALL SUBMIT A FINAL REPORT SIGNED BY HIMSELF STATING WHETHER THE WORK REQUIRING SPECIAL INSPECTION WAS IN
SUBSTANTIAL CONFORMANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND THE APPLICABLE WORKMANSHIP PROVISIONS OF THE
UNIFORM BUILDING CODE.
GENERAL STRUCTURAL NOTES
STRUCTURAL STEEL NOTES
1. ALL MATERIALS AND WORKMANSHIP SHALL BE IN ACCORDANCE WITH THE LATEST REVISED EDITION OF THE AISC MANUAL OF STEEL CONSTRUCTION,
WHICH INCLUDES SPECIFICATION FOR STRUCTURAL STEEL BUILDINGS, CODE OF STANDARD PRACTICE AND AWS STRUCTURAL WELDING CODE. IDENTIFY
AND MARK STEEL PER CBC 2203.
2. STRUCTURAL STEEL SHOP DRAWINGS SHALL BE REVIEWED BY THE ENGINEER/ ARCHITECT PRIOR TO FABRICATION.
3. ALL EXPOSED WELDS SHALL BE FILLED AND GROUND SMOOTH WHERE METAL COULD COME IN CONTACT WITH THE PUBLIC.
4. NO HOLES OTHER THAN THOSE SPECIFICALLY DETAILED SHALL BE ALLOWED THRU STRUCTURAL STEEL MEMBERS. BOLT HOLES SHALL CONFORM TO AISC
SPECIFICATION, AND SHALL BE STANDARD HOLES UNLESS OTHERWISE NOTED. NO CUTTING OR BURNING OF STRUCTURAL STEEL WILL BE PERMITTED
WITHOUT PRIOR CONSENT OF THIS ENGINEER. HOLES IN STEEL SHALL BE DRILLED OR PUNCHED. ALL SLOTTED HOLES SHALL BE PROVIDED WITH SMOOTH
EDGES. BURNING OF HOLES AND TORCH CUTTING AT THE SITE IS NOT PERMITTED.
5. WELDING: CONFORM TO AWS D1.1. WELDERS SHALL BE CERTIFIED
6. BOLTING: ASTM A307 BOLTS SHALL BE INSTALLED "SNUG TIGHT" PER AISC SECTION RCSC 8(C), ASTM A325 BOLTS SHALL CONFORM TO RCSC SECTION 8
(D).
7. FABRICATION: CONFORM TO AISC SPECIFICATION SEC M2 "FABRICATION" AND AISC CODE SEC 6 "FABRICATION AND DELIVERY" PERFORM WORK ON
PREMISES OF A FABRICATOR APPROVED BY THE BUILDING OFFICIAL.
8. GALVANIZING: ALL EXPOSED STEEL OUTSIDE THE BUILDING ENVELOPE SHALL BE HOT-DIPPED GALVANIZED. APPLY FIELD TOUCH-UPS PER ASTM A153.
9. MATERIALS SHALL CONFORM TO THE FOLLOWING SPECIFICATIONS:
ANCHOR BOLTS/ RODS:
BARS & PLATES:
BOLTS IN WOOD:
BOLTS - HIGH STRENGTH:
C-, M-, AND ANGLE SHAPES:
DEFORMED WELDED WIRE FABRIC:
GROUT:
OTHER STRUCTURAL SHAPES:
ASTM F1554, GRADE 36
ASTM A36
ASTM A307
ASTM A325SC OR A325N
ASTM A36
ASTM A497
EMBECO OR EQUIVALENT
ASTM A36
REINFORCING BARS (WELDED):
REINFORCING BARS (REGULAR):
SMOOTH WELDED WIRE FABRIC:
STEEL GRATING:
STEEL PIPE:
TIE WIRE:
TUBE STEEL & PIPE COLUMNS:
W - SHAPES:
WELDING ELECTRODES:
ASTM A706. GRADE 60, DEFORMED BARS
ASTM A615, GRADE 60, DEFORMED BARS
ASTM A185
ANSI/NAAMM MBG 531-00
ASTM A53, GRADE B
16.5 GAGE OR HEAVIER, BLACK ANNEALED
ASTM A500, GRADE B
ASTM A992, GRADE 50
E70XX FOR STRUCTURAL STEEL
E80XX FOR REINFORCING BARS
E60XX FOR LIGHT GAUGE AND METAL DECK
FRP NOTES:
1. ALL FIBERGLASS STRUCTURE SHAPES MUST BE MANUFACTURED BY FIBERGRATE OR
STRONGWELL (OR APPROVED EQUAL) AND CANNOT BE PUNCHED OR SHEARED. ALL
SAWCUTS & DRILLED BOLT HOLES MUST BE SEALED WITH EPOXY.
2. ALL FIBERGLASS NEEDS TO BE PROTECTED WITH UV COATING, IF EXPOSED TO DIRECT
SUNLIGHT.
3. ALL METALLIC PARTS (STRUCTURAL STEEL SHAPES, BOLTS ETC.) MUST BE KEPT BEHIND THE
ANTENNAS.
4. USE 5/8" DIA. FRP THREADED ROD FASTENERS FOR ALL CONNECTORS, BY FIBERGRATE
OR STRONGWELL OR APPROVED EQUAL.
5. MINIMUM FASTENER EDGE, DISTANCE AND SPACING, UNLESS OTHERWISE NOTED:
END EDGE DISTANCE - 3 X DB
SIDE EDGE DISTANCE - 2 X DB
PITCH (SPACING) - 5 X DB
6. ALL FABRICATION IS GOVERNED BY STRONGWELL DESIGN MANUAL, OR APPROVED
EQUAL.
7. FRP PANEL SHALL BE BY FIBERGRATE OR STRONGWELL OR APPROVED EQUAL.
8. BOND (CHEMICAL OR MECHANICAL) BETWEEN FIBERGRATE AND FIBERGLASS SKIN TO
BE SUFFICIENT FOR THE MATERIALS TO ACT COMPOSITELY.
CONSTRUCTION HOURS:
CONSTRUCTION HOURS SHALL BE LIMITED TO:
7:00 AM - 7:00 PM MONDAY THROUGH FRIDAY
8:00 AM - 6:00 PM SATURDAYS
NO CONSTRUCTION PERMITTED ON SUNDAYS AND HOLIDAYS
189
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
GN-1
GENERAL NOTES
PLANS ARE INTENDED TO BE DIAGRAMMATIC OUTLINE ONLY, UNLESS NOTED OTHERWISE. THE WORK SHALL INCLUDE FURNISHING MATERIALS,
EQUIPMENT, APPURTENANCES AND LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INDICATED ON THE DRAWINGS.
1.
THE CONTRACTOR SHALL OBTAIN, IN WRITING, AUTHORIZATION TO PROCEED BEFORE STARTING WORK ON ANY ITEM NOT CLEARLY DEFINED
OR IDENTIFIED BY THE CONTRACT DOCUMENTS.
2.
CONTRACTOR SHALL CONTACT USA (UNDERGROUND SERVICE ALERT) AT (800) 227-2600, FOR UTILITY LOCATIONS, 48 HOURS BEFORE
PROCEEDING WITH ANY EXCAVATION, SITE WORK OR CONSTRUCTION.
3.
THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS UNLESS
SPECIFICALLY INDICATED OTHERWISE, OR WHERE LOCAL CODES OR REGULATIONS TAKE PRECEDENCE.
4.
ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CBC / UBC'S REQUIREMENTS REGARDING EARTHQUAKE RESISTANCE, FOR, BUT
NOT LIMITED TO, PIPING, LIGHT FIXTURES, CEILING GRID, INTERIOR PARTITIONS, AND MECHANICAL EQUIPMENT. ALL WORK MUST COMPLY
WITH LOCAL EARTHQUAKE CODES AND REGULATIONS.
5.
REPRESENTATIONS OF TRUE NORTH, OTHER THAN THOSE FOUND ON THE PLOT OF SURVEY DRAWINGS, SHALL NOT BE USED TO IDENTIFY OR
ESTABLISH BEARING OF TRUE NORTH AT THE SITE. THE CONTRACTOR SHALL RELY SOLELY ON THE PLOT OF SURVEY DRAWING AND ANY
SURVEYOR'S MARKINGS AT THE SITE FOR THE ESTABLISHMENT OF TRUE NORTH, AND SHALL NOTIFY THE ARCHITECT / ENGINEER PRIOR TO
PROCEEDING WITH THE WORK IF ANY DISCREPANCY IS FOUND BETWEEN THE VARIOUS ELEMENTS OF THE WORKING DRAWINGS AND THE
TRUE NORTH ORIENTATION AS DEPICTED ON THE CIVIL SURVEY. THE CONTRACTOR SHALL ASSUME SOLE LIABILITY FOR ANY FAILURE TO NOTIFY
THE ARCHITECT / ENGINEER.
6.
THE BUILDING DEPARTMENT ISSUING THE PERMITS SHALL BE NOTIFIED AT LEAST TWO WORKING DAYS PRIOR TO THE COMMENCEMENT OF
WORK, OR AS OTHERWISE STIPULATED BY THE CODE ENFORCEMENT OFFICIAL HAVING JURISDICTION.
7.
DO NOT EXCAVATE OR DISTURB BEYOND THE PROPERTY LINES OR LEASE LINES, UNLESS OTHERWISE NOTED.8.
ALL EXISTING UTILITIES, FACILITIES, CONDITIONS, AND THEIR DIMENSIONS SHOWN ON THE PLAN HAVE BEEN PLOTTED FROM AVAILABLE
RECORDS. THE ARCHITECT / ENGINEER AND THE OWNER ASSUME NO RESPONSIBILITY WHATSOEVER AS TO THE SUFFICIENCY OR THE
ACCURACY OF THE INFORMATION SHOWN ON THE PLANS, OR THE MANNER OF THEIR REMOVAL OR ADJUSTMENT. CONTRACTORS SHALL BE
RESPONSIBLE FOR DETERMINING EXACT LOCATION OF ALL EXISTING UTILITIES AND FACILITIES PRIOR TO START OF CONSTRUCTION.
CONTRACTORS SHALL ALSO OBTAIN FROM EACH UTILITY COMPANY DETAILED INFORMATION RELATIVE TO WORKING SCHEDULES AND
METHODS OF REMOVING OR ADJUSTING EXISTING UTILITIES.
9.
CONTRACTOR SHALL VERIFY ALL EXISTING UTILITIES, BOTH HORIZONTAL AND VERTICALLY, PRIOR TO THE START OF CONSTRUCTION. ANY
DISCREPANCIES OR DOUBTS AS TO THE INTERPRETATION OF PLANS SHOULD BE IMMEDIATELY REPORTED TO THE ARCHITECT / ENGINEER FOR
RESOLUTION AND INSTRUCTION, AND NO FURTHER WORK SHALL BE PERFORMED UNTIL THE DISCREPANCY IS CHECKED AND CORRECTED BY
THE ARCHITECT / ENGINEER. FAILURE TO SECURE SUCH INSTRUCTION MEANS CONTRACTOR WILL HAVE WORKED AT HIS/HER OWN RISK AND
EXPENSE.
10.
ALL NEW AND EXISTING UTILITY STRUCTURES ON SITE AND IN AREAS TO BE DISTURBED BY CONSTRUCTION SHALL BE ADJUSTED TO FINISH
ELEVATIONS PRIOR TO FINAL INSPECTION OF WORK.
11.
ANY DRAIN AND/OR FIELD TILE ENCOUNTERED / DISTURBED DURING CONSTRUCTION SHALL BE RETURNED TO IT'S ORIGINAL CONDITION
PRIOR TO COMPLETION OF WORK. SIZE, LOCATION AND TYPE OF ANY UNDERGROUND UTILITIES OR IMPROVEMENTS SHALL BE ACCURATELY
NOTED AND PLACED ON "AS-BUILT" DRAWINGS BY GENERAL CONTRACTOR, AND ISSUED TO THE ARCHITECT / ENGINEER AT COMPLETION
OF PROJECT.
12.
ALL TEMPORARY EXCAVATIONS FOR THE INSTALLATION OF FOUNDATIONS, UTILITIES, ETC., SHALL BE PROPERLY LAID BACK OR BRACED IN
ACCORDANCE WITH CORRECT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) REQUIREMENTS.
13.
INCLUDE MISC. ITEMS PER AT&T SPECIFICATIONS14.
SUBCONTRACTOR'S WORK SHALL COMPLY WITH ALL APPLICABLE NATIONAL, STATE, AND LOCAL CODES AS ADOPTED BY THE LOCAL
AUTHORITY HAVING JURISDICTION (AHJ) FOR THE LOCATION.
THE EDITION OF THE AHJ ADOPTED CODES AND STANDARDS IN EFFECT ON THE DATE OF CONTRACT AWARD SHALL GOVERN THE DESIGN.
SUBCONTRACTOR'S WORK SHALL COMPLY WITH THE LATEST EDITION OF THE FOLLOWING STANDARDS:
- AMERICAN CONCRETE INSTITUTE (ACI) 318, BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE
- AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC), MANUAL OF STEEL CONSTRUCTION, ASD, NINTH EDITION
- TELECOMMUNICATIONS INDUSTRY ASSOCIATION (TIA) 222-G, STRUCTURAL STANDARD FOR STRUCTURAL ANTENNA TOWER AND ANTENNA
SUPPORTING STRUCTURES
- INSTITUTE FOR ELECTRICAL AND ELECTRONICS ENGINEERS (IEEE) 81, GUIDE FOR MEASURING EARTH RESISTIVITY, GROUND IMPEDANCE, AND
EARTH SURFACE POTENTIALS OF A GROUND SYSTEM IEEE 1100 (1999) RECOMMENDED PRACTICE FOR POWERING AND GROUNDING OF
ELECTRICAL EQUIPMENT.
-IEEE C62.41, RECOMMENDED PRACTICES ON SURGE VOLTAGES IN LOW VOLTAGE AC POWER CIRCUITS (FOR LOCATION CATEGORY "C3"
AND "HIGH SYSTEM EXPOSURE")
TIA 607 COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS TELCORDIA GR-63 NETWORK
EQUIPMENT-BUILDING SYSTEM (NEBS): PHYSICAL PROTECTION
TELCORDIA GR-347 CENTRAL OFFICE POWER WIRING
TELCORDIA GR-1275 GENERAL INSTALLATION REQUIREMENTS
TELCORDIA GR-1503 COAXIAL CABLE CONNECTIONS
ANY AND ALL OTHER LOCAL & STATE LAWS AND REGULATIONS
FOR ANY CONFLICTS BETWEEN SECTIONS OF LISTED CODES AND STANDARDS REGARDING MATERIAL, METHODS OF CONSTRUCTION, OR
OTHER REQUIREMENTS, THE MOST RESTRICTIVE SHALL GOVERN. WHERE THERE IS CONFLICT BETWEEN A GENERAL REQUIREMENT AND A
SPECIFIC REQUIREMENT, THE SPECIFIC REQUIREMENT SHALL GOVERN.
GENERAL CONSTRUCTION NOTES:
APPLICABLE CODES, REGULATIONS AND STANDARDS:
ABBREVIATIONS
SYMBOLS LEGEND
OFFICE
101 ROOM NUMBER
WALL TYPE MARK
KEYNOTE,
CONSTRUCTION ITEM
KEYNOTE,
DIMENSION ITEM
ROOM NAME
WALL SECTION
DETAIL
W-3
BLDG. SECTIONA-300
1
A-500
D5
A-310
A5
A-113
C1
A-113
C4
A-113
A1
A-113
A4 ELEVATION
3
2
CENTERLINE
ELEVATION DATUM
TILT-UP PANEL MARK
WINDOW SYMBOL
DOOR SYMBOL
PROPERTY LINE
3
±0"
001
10
A GRID/COLUMN LINE
A-300
1
A.B.ANCHOR BOLT
ABV.ABOVE
ACCA ANTENNA CABLE COVER ASSEMBLY
ADD'L ADDITIONAL
A.F.F.ABOVE FINISHED FLOOR
A.F.G.ABOVE FINISHED GRADE
ALUM.ALUMINUM
ALT.ALTERNATE
ANT.ANTENNA
APPRX.APPROXIMATE(LY)
ARCH.ARCHITECT(URAL)
AWG.AMERICAN WIRE GAUGE
BLDG.BUILDING
BLK.BLOCK
BLKG.BLOCKING
BM.BEAM
B.N.BOUNDARY NAILING
BTCW.BARE TINNED COPPER WIRE
B.O.F.BOTTOM OF FOOTING
B/U BACK-UP CABINET
CAB.CABINET
CANT.CANTILEVER(ED)
C.I.P.CAST IN PLACE
CLG.CEILING
CLR.CLEAR
COL.COLUMN
CONC.CONCRETE
CONN.CONNECTION(OR)
CONST.CONSTRUCTION
CONT.CONTINUOUS
d PENNY (NAILS)
DBL.DOUBLE
DEPT.DEPARTMENT
D.F.DOUGLAS FIR
DIA.DIAMETER
DIAG.DIAGONAL
DIM.DIMENSION
DWG.DRAWING(S)
DWL.DOWEL(S)
EA.EACH
EL.ELEVATION
ELEC.ELECTRICAL
ELEV.ELEVATOR
EMT.ELECTRICAL METALLIC TUBING
E.N.EDGE NAIL
ENG.ENGINEER
EQ.EQUAL
EXP.EXPANSION
EXST.(E)EXISTING
EXT.EXTERIOR
FAB.FABRICATION(OR)
F.F.FINISH FLOOR
F.G.FINISH GRADE
FIN.FINISH(ED)
FLR.FLOOR
FDN.FOUNDATION
F.O.C.FACE OF CONCRETE
F.O.M.FACE OF MASONRY
F.O.S.FACE OF STUD
F.O.W.FACE OF WALL
F.S.FINISH SURFACE
FT.( ' )FOOT (FEET)
FTG.FOOTING
G.GROWTH (CABINET)
GA.GAUGE
GI.GALVANIZE(D)
G.F.I.GROUND FAULT CIRCUIT INTERRUPTER
GLB. (GLU-LAM) GLUE LAMINATED BEAM
GPS GLOBAL POSITIONING SYSTEM
GRND.GROUND
HDR.HEADER
HGR.HANGER
HT.HEIGHT
ICGB.ISOLATED COPPER GROUND BUS
IN. ( " )INCH(ES)
INT.INTERIOR
LB.(#)POUND(S)
L.B.LAG BOLTS
L.F.LINEAR FEET (FOOT)
L.LONG(ITUDINAL)
MAS.MASONRY
MAX.MAXIMUM
M.B.MACHINE BOLT
MECH.MECHANICAL
MFR.MANUFACTURER
MIN.MINIMUM
MISC.MISCELLANEOUS
MTL.METAL
(N)NEW
NO.(#)NUMBER
N.T.S.NOT TO SCALE
O.C.ON CENTER
OPNG.OPENING
P/C PRECAST CONCRETE
PCS PERSONAL COMMUNICATION SERVICES
PLY.PLYWOOD
PPC POWER PROTECTION CABINET
PRC PRIMARY RADIO CABINET
P.S.F.POUNDS PER SQUARE FOOT
P.S.I.POUNDS PER SQUARE INCH
P.T.PRESSURE TREATED
PWR.POWER (CABINET)
QTY.QUANTITY
RAD.(R)RADIUS
REF.REFERENCE
REINF.REINFORCEMENT(ING)
REQ'D/REQUIRED
RGS.RIGID GALVANIZED STEEL
SCH.SCHEDULE
SHT.SHEET
SIM.SIMILAR
SPEC.SPECIFICATIONS
SQ.SQUARE
S.S.STAINLESS STEEL
STD.STANDARD
STL.STEEL
STRUC.STRUCTURAL
TEMP.TEMPORARY
THK.THICK(NESS)
T.N.TOE NAIL
T.O.A.TOP OF ANTENNA
T.O.C.TOP OF CURB
T.O.F.TOP OF FOUNDATION
T.O.P.TOP OF PLATE (PARAPET)
T.O.S.TOP OF STEEL
T.O.W.TOP OF WALL
TYP.TYPICAL
U.G.UNDER GROUND
U.L. UNDERWRITERS LABORATORY
U.N.O.UNLESS NOTED OTHERWISE
V.I.F.VERIFY IN FIELD
W WIDE (WIDTH)
w/WITH
WD.WOOD
W.P.WEATHERPROOF
WT.WEIGHT
C CENTERLINE
P PLATE, PROPERTY LINE
GROUT OR PLASTER
(E) BRICK
(E) MASONRY
CONCRETE
EARTH
GRAVEL
PLYWOOD
SAND
PLYWOOD
SAND
(E) STEEL
MATCH LINE
GROUND CONDUCTOR
TELEPHONE CONDUIT
POWER CONDUIT
COAXIAL CABLE
Tel
Pwr
Coax
CHAIN LINK FENCE
OVERHEAD SERVICE CONDUCTORSOH
L
L
WOOD FENCE
(P) ANTENNA
(P) RRU
(P) DC SURGE SUPPRESSION
(F) ANTENNA
(F) RRU
(E) EQUIPMENT
190
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
GN-2
SITE SIGNAGE
3 N.T.S.
GENERAL NOTES
1 N.T.S.
NOTICE SIGN9N.T.S.
CAUTION AND WARNING SIGN
NOTE:
1. CONTRACTOR SHALL INSTALL ALL INFORMATION SIGNAGE IN
ACCORDANCE w/ AT&T WIRELESS DOCUMENT #03-0074, RF
EXPOSURE POLICY AND RF SAFETY COMPLIANCE PROGRAM, LATEST
EDITION.
2. CONTRACTOR SHALL CONTACT AT&T R-RFSC FOR INFORMATION
ON MPE LEVELS AND INSTRUCTIONS ON LEVEL AND LOCATION OF
SIGNAGE
11 N.T.S.
INFORMATION SIGNAGE
13 N.T.S.
SHELTER / CABINET DOORS SIGNAGE
14 N.T.S.
GATE SIGNAGE
15 N.T.S.
FCC ASR SIGNAGE
20 N.T.S.
FENCED COMPOUND SIGNAGE
19 N.T.S.
FENCED COMPOUND SIGNAGE
18 N.T.S.
DOOR / EQUIPMENT SIGN
WARNING
Beyond This Point you are
entering a controlled area where
RF Emissions exceed the FCC
Controlled Exposure limits
Failure to obey all posted signs and site
guidelines could result in serious injury
Ref: FCC 47CFR 1.1307(b)
CAUTION
Beyond This Point you are
entering a controlled area
where RF Emissions may exceed
the FCC Controlled Exposure
limits
Obey all posted signs and site guidelines
for working in an RF environment
Ref: FCC 47CFR 1.1307(b)
NOTICE
Beyond This Point you are
entering an area where RF
Emissions may exceed the FCC
General Population Exposure
Limits
Follow all posted signs and site guidelines for
working in an RF environment
Ref: FCC 47CFR 1.1307(b)
Property of AT&T
Authorized
Personnel Only
In case of emergency, or prior to performing
maintenance on this site, call
and reference cell site number
Property of AT&T
Authorized
Personnel Only
No Trespassing
Violators will be Prosecuted
In case of emergency, or prior to performing
maintenance on this site, call
and reference cell site number
INFORMATION
Posted in accordance with federal Communications
Commission rules and antenna tower registration
47CFR 17.4(g).
1 2 3 4 5 6 7
Federal Communications Communication
Tower Registration Number
TRESPASSING
NO
DANGER
AUTHORIZED
PERSONNEL
ONLY
NOTICE
This Site Operated by:
AT&T MOBILITY
5001 EXECUTIVE PARKWAY
SAN RAMON, CA 94583
IN CASE OF FIRE AND THE NEED FOR SHUTDOWN
TO DEACTIVATE ANTENNAS CALL THE
FOLLOWING NUMBER:
For 24 Hour Emergency Contact and Access Please Call:
(800)832-6662
Reference Site#:
Site Address:
1.THE FOLLOWING INFORMATION IS A GUIDELINE w/ RESPECT TO PREVAILING
STANDARDS LIMITING HUMAN EXPOSURE TO RADIO FREQUENCY ENERGY AND
SHOULD BE USED AS SUCH. IF THE SITE'S EMF REPORT OR ANY LOCAL, STATE
OR FEDERAL GUIDELINES OR REGULATIONS SHOULD BE IN CONFLICT w/ ANY
PART OF THESE NOTES OR PLANS, THE MORE RESTRICTIVE GUIDELINE OR
REGULATION SHALL BE FOLLOWED AND OVERRIDE THE LESSER.
2. THE PUBLIC LIMIT OF RF EXPOSURE ALLOWED BY AT&T IS 1mWcm*2 AND THE
OCCUPATIONAL LIMIT OF RF EXPOSURE ALLOWED BY AT&T IS 5mWcm*2
3. IF THE BOTTOM OF THE ANTENNA IS MOUNTED (8) EIGHT FEET ABOVE THE
GROUND OR WORKING PLATFORM LINE OF THE PERSONAL COMMUNICATION
SYSTEM (PCS) AND DOES NOT EXCEED THE PUBLIC LIMIT OF RF EXPOSURE
LIMIT THEN NO STRIPING OR BARRICADES SHOULD BE NEEDED.
4. IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE
AREA IS PUBLICLY ACCESSIBLE (e.g. ROOF ACCESS DOOR THAT CANNOT BE
LOCKED, OR FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE
PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES
AND STRIPING SHALL BE DETERMINED BY THE EMF REPORT FOR THE SITE
DONE BEFORE OR SHORTLY AFTER COMPLETION OF SITE CONSTRUCTION. USE
THE PLANS AS A GUIDELINE FOR PLACEMENT OF SUCH BARRICADES AND
STRIPING.
5. IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE
AREA IS PUBLICLY ACCESSIBLE (e.g. ROOF ACCESS DOOR THAT CANNOT BE
LOCKED, OR FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE
PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES
AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS. THE EXACT EXTENT
OF THE BARRICADES & STRIPING SHALL BE DETERMINED BY THE EMF REPORT
FOR THE SITE DONE BEFORE OR SHORTLY AFTER COMPLETION OF SITE
CONSTRUCTION. USE THE PLANS AS A GUIDELINE FOR PLACEMENT OF SUCH
BARRICADES AND STRIPING.
6. ALL TRANSMIT ANTENNAS REQUIRE A THREE LANGUAGE WARNING SIGN
WRITTEN IN ENGLISH, SPANISH, AND CHINESE. THIS SIGN SHALL BE
PROVIDED TO THE CONTRACTOR Y THE AT&T CONSTRUCTION PROJECT
MANAGER AT THE TIME OF CONSTRUCTION. THE LARGER SIGN SHALL BE
PLACED IN PLAIN SIGHT AT ALL ROOF ACCESS LOCATIONS AND ON ALL
BARRICADES. THE SMALLER SIGN SHALL BE PLACED ON THE ANTENNA
ENCLOSURES IN A MANNER THAT IS EASILY SEEN BY ANY PERSON ON THE
ROOF. WARNING SIGNS SHALL COMPLY w/ ANSI C95.2 COLOR, SYMBOL, AND
CONTENT CONVENTIONS. ALL SIGNS SHALL HAVE AT&T'S NAME AND THE
COMPANY CONTACT INFORMATION (e.g. TELEPHONE NUMBER) TO ARRANGE
FOR ACCESS TO THE RESTRICTED AREAS. THIS TELEPHONE NUMBER SHALL BE
PROVIDED TO THE CONTRACTOR BY THE AT&T CONSTRUCTION PROJECT
MANAGER AT THE TIME OF CONSTRUCTION.
7. PHOTOS OF ALL STRIPING, BARRICADES & SIGNAGE SHALL BE PART OF THE
CONTRACTORS CLOSE OUT PACKAGE & SHALL BE TURNED INTO THE AT&T
CONSTRUCTION PACKAGE & SHALL BE TURNED INTO THE AT&T
CONSTRUCTION PROJECT MANAGER AT THE END OF CONSTRUCTION.
STRIPING SHALL BE DONE w/ FADE RESISTANT YELLOW SAFETY PAINT IN A
CROSS-HATCH PATTERN AS DETAILED BY THE CONSTRUCTION DRAWINGS. ALL
BARRICADES SHALL BE MADE OF AN RF FRIENDLY MATERIAL SO AS NOT TO
BLOCK OR INTERFERE w/ THE OPERATION OF THE ANTENNAS. BARRICADES
SHALL BE PAINTED w/ FADE RESTRAINT YELLOW SAFETY PAINT. THE
CONTRACTOR SHALL PROVIDE ALL RF FRIENDLY BARRICADES NEEDED, &
SHALL PROVIDE THE AT&T CONSTRUCTION PROJECT MANAGER w/ A DETAILED
SHOP DRAWING OF EACH BARRICADE. UPON CONSTRUCTION COMPLETION.
SIGNAGE AND STRIPING INFORMATION
INFORMATION
ACTIVE ANTENNAS ARE MOUNTED
ON THE OUTSIDE FACE OF THIS BUILDING
INFORMATION SIGN 1-2
ON THIS STRUCTURE
STAY BACK A MINIMUM OF 3 FEET
FROM THESE ANTENNAS
CONTACT AT&T MOBILITY AT 800-638-2822 &
FOLLOW THEIR INSTRUCTIONS PRIOR TO
PERFORMING ANY MAINTENANCE OR
REPAIRS CLOSER THAN 3 FEET FROM THE
ANTENNAS.
THIS IS AT&T MOBILITY SITE
5"7"INFORMATION
8"12"AT&T MOBILITY OPERATES TELECOMMUNICATION ANTENNAS AT THIS
LOCATION. REMAIN AT LEAST 3 FEET AWAY FROM ANY ANTENNA AND
OBEY ALL POSTED SIGNS.
CONTACT THE OWNER(S) OF THE ANTENNA(S) BEFORE WORKING
CLOSER THAN 3 FEET FROM THE ANTENNA(S)
CONTACT AT&T MOBILITY AT 800-638-2822 PRIOR TO PERFORMING ANY
MAINTENANCE OR REPAIRS NEAR AT&T MOBILITY ANTENNAS.
THIS IS SITE #
CONTACT THE MANAGEMENT OFFICE IF THIS DOOR/HATCH/GATE
IS FOUND UNLOCKED.
INFORMACION
EN ESTA PROPIEDAD SE UBICAN ANTENAS DE TELECOMUNICACIONES
OPERADAS POR AT&T. FAVOR MANTENER UNA DISTANCIA DE NO MENOS DE
3 PIES Y OBEDECER TODOS LOS AVISOS.
COMUNIQUESE CON EL PROPIETARIO O LOS PROPIETARIOS DE LAS
ANTENAS ANTES DE TRABAJAR O CAMINAR DE MENOS DE 3 PIES DE LA
ANTENA.
COMUNIQUESE CON AT&T MOBILITY 800-638-2822 ANTES DE REALIZAR
CUALQUIER MANTENIMIENTO O REPARACION DE LAS ANTENAS DE AT&T
MOBILITY.
ESTA ES LA ESTACION BASE NUMERO
FAVOR COMINUCARSE CON LA OFICINA DE LA ADMINISTRACION DEL
EDIFICIO SI ESTA PUENTA O COMPUERTA SE ENCUENTRA SIN CANDADO.
1-1/2"24"1.CONTRACTOR SHALL INSTALL ALL INFORMATION SIGNAGE IN ACCORDANCE
w/ AT&T WIRELESS DOCUMENT #03-0074, RF EXPOSURE POLICY AND RF SAFETY
COMPLIANCE PROGRAM, LATEST EDITION.
2.FABRICATION:
*SIGN I-1: ENTRANCE DOOR, SEE DETAIL 1A, THIS SHEET
SIGN 1 IS TO BE MADE ON THE 50 MIL ALUMINUM SHEETING (SIZE 8 INCHES BY
12 INCHES) w/ FOUR (4) 1
4 INCH MOUNTING HOLES, ONE EACH CORNER OF THE SIGN
FOR MOUNTING w/ HARDWARE w/ TIE WRAPS. THE MAIN BACKGROUND COLOR IS
TO BE WHITE FRONT & BACK w/ BLACK LETTERING.
THE INFORMATION BAND SHALL BE 1.2 INCH SOLID GREEN BAND w. 0.5 INCH HIGH
BLACK LETTERING. THE BODY TEXT SHALL BE IN BLACK LETTERING w/0.2 INCH HIGH
LETTERS. THE REF LINE SHALL BE IN 1
8 INCH LETTERS.
THE PLACEMENT OF TEXT SHALL BE DONE IN A MANNER THAT WILL PERMIT EASY
READING FROM A DISTANCE OF APPROXIMATELY 6 FEET IN FRONT OF THE SIGN.
ALL PAINT WILL BE BAKED w/ENAMEL w/ UV PROTECTIVE COATING OVER THE FACE
OF THE SIGN.
*SIGN 1-2: POLE, SEE DETAIL 1B, THIS SHEET
SIGN 2 MUST BE A NON METALLIC LABEL w/ AN ADHESIVE BACKING, THE LABEL
SHALL BE MADE USING VINYL OR SIMILAR WEATHERPROOF MATERIAL. THE LABEL
SHALL BE APPROXIMATELY 5X7 INCHES w/ A WHITE BACKGROUND AND BLACK
LETTERING. THE GREEN BAND SHALL BE 1.375 INCH IN HEIGHT & THE LETTERING
SHALL BE BLACK w/ 0.75 INCH HIGH LETTERS. THE TEXT LETTERING SHALL BE
BLACK w/ 1
8 INCH HIGH LETTERS. UV PROTECTION SHALL BE PLACED OVER THE
FRONT OF THE LABEL.
*SIGN 1-3: BACK OF ANTENNAS, SEE DETAIL 1C & 3, THIS SHEET
*SIGN 3 IS A 1 INCH X 2 INCH PANEL THAT CAN BE APPLIED TO THE BACK OR SIDE OF
AN ANTENNA TO IDENTIFY IT AS AN AT&T ANTENNA.
*SIGN 1-4: SIDE OF ANTENNAS, SEE DETAIL 1D & 3, THIS SHEET
SIGN 4 IS MADE FROM TRANSPARENT MATERIAL 1-1/2 INCHES WIDE & 24 INCHES
LONG. THE LETTERING IS TO BE BLACK w 1
2 INCH LETTERING IN A VERTICAL
COLUMN. THE SPACING BETWEEN WORDS MUST BE SUCH THAT IT IS EASILY READ
& FILLS THE LENGTH OF THE SIGN.
S
T
A
Y
B
A
C
K
3
F
E
E
T
F
R
O
M
A
N
T
E
N
N
A
INFORMATION SIGN 1-4
SCALE: 3/16" = 1'
2"1"INFORMATION SIGN 1-3
SCALE:1/4" = 1'C
D
INFORMATION SIGN 1-1
SCALE: 1/2"= 1'A INFORMATION SIGN 1-2
SCALE: 3/4" = 1'B
8"12"
17 N.T.S.
NFPA HAZARD SIGN
3 2
0
ACID
CCU2719
10300 TORRE AVENUE, CUPERTINO, CA 95014
191
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
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0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
GN-3
MATERIAL SAFETY DATA SHEET
& LEAD ACID BATTERY - 1
192
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
GN-4
MATERIAL SAFETY DATA SHEET
& LEAD ACID BATTERY - 2
193
T
XXXXXX
XPwr
PwrPwr Pwr PwrTelTelTelTelTel
A-1
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
NN
(N) 20'-0" X 11'-6" AT&T EQUIPMENT
SHELTER, REFER TO SHEET A-3 FOR MORE
DETAILS
(E) PARKING LOT & LOCATION OF (N) AT&T SITE
TECHNICIAN PARKING
RODRIGU
E
Z
A
V
E
N
U
E
PROPERTY LINE~ EXISTING PARKING LOT ~
27'-3" - SET BACK FROM
PROPERTY LINE TO TO (N) AT&T
GENERATOR 32'-6" - SET BACK FROM PROPERTY LINE TO TO (N) AT&T GENERATOR30'-3" - SET BACK FROM PROPERTY LINE TO TO (N) AT&T SHELTER35'-1" - SET BACK FROM
PROPERTY LINE TO TO (N) AT&T
GENERATOR
EXISTING UNDERGROUND VAULT; PROPOSED AT&T
POINT OF FEED FOR FIBER/TELCO
(E) ELECTRICAL UNDERGROUND VAULT,
(N) AT&T POWER P.O.C.
PROPERTY
L
I
N
E
~ EXISTING BUILDING ~
~ EXISTING BUILDING ~
(N) APPROXIMATE LOCATION OF BORE
PIT FOR UNDERGROUND UTILITY ROUTE
(E) APPROXIMATE LOCATION OF BORE
PIT FOR UNDERGROUND UTILITY ROUTE,
BY OTHERS
(E) TRASH ENCLOSURE
(E) APPROXIMATE LOCATION OF VERIZON
UNDERGROUND UTILITIES ADJACENT TO
(N) AT&T UTILITY EASEMENT
(N) 12'-0" WIDE ~175' LONG AT&T
ACCESS EASEMENT THROUGH EXISTING
PARKING LOT
PROPOSED AT&T 30"x48"
SPLICE VAULT
(N) 5' WIDE AT&T POWER & TELCO JOINT EASEMENT
FROM P.O.C. TO (N) AT&T EQUIPMENT SHELTER;
- INSTALL 4" CONDUIT FROM THE EXISTING
VAULT TO THE PROPOSED AT&T SHELTER FOR
TELCO
OVERALL SITE PLAN
1 1" = 20'-0"
OVERALL SITE PLAN
194
XXXXXXXXXXXXXXXXA-2
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
NN
(E) CONCRETE WALKWAY
(E) ACCESS GATE, BY OTHERS
(E) VERIZON WIRELESS EQUIPMENT
AREA
(E) VERIZON WIRELESS COAX CABLE
BRIDGE, BY OTHERS
(E) TRASH ENCLOSURE
(E) VERIZON WIRELESS LEASE AREA
(E) 80KW DIESEL GENERATOR ON 6'-0"X13'-0"
CONCRETE SLAB (VERIZON WIRELESS)(E) 55'-0" HIGH MONOEUCALYPTUS
(E) IPE WOOD SLAT FENCE
~ EXISTING PARKING LOT ~
(E) PARKING LOT & LOCATION OF (N) AT&T SITE
TECHNICIAN PARKING
(E) ACCESS
GATE PORTION OF FENCE TO BE RELOCATED TOACCOMMODATE NEW AT&T EQUIPMENT17'-5" VERIZON LEASE AREA26'-5" VERIZON LEASE AREA 10'-8" VERIZON LEASE AREA17'-5" VERIZON LEASE AREA
22'-7" VERIZON LEASE AREA
18'-11" VERIZON LEASE AREA31'-7" VERIZON LEASE AREA
58'-7" OVERALL FENCED AREA
12'-8" VERIZON LEASE AREANOTES:
1. FOR THE PURPOSES OF THIS DRAWING, IT IS ASSUMED THAT VERIZON WIRELESS HAS COMPLETED
THE INSTALLATION OF A NEW 55' TALL MONOEUCALYPTUS TREE, SHOWN AS EXISTING ON THESE
PLANS. VERIZON WIRELESS IS INSTALLING THIS NEW TREE UNDER SEPARATE PERMITS.
2. MONOEUCAYLYPTUS TREE BRANCHES NOT SHOWN IN THIS VIEW FOR CLARITY.
10'-0"
5'-0"
EXISTING 5'-0" WIDE FLOOD CONTROL STORM
DRAINAGE EASEMENT
EXISTING 10'-0" PUBLIC UTILITY EASEMENT
EXISTING ENLARGED SITE PLAN
1 1/4" = 1'-0"
EXISTIN ENLARGED SITE PLAN
195
XXXXXXXXXXXXXXXXPwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr Pwr
Tel Tel Tel Tel Tel Tel Tel Tel Tel Tel Tel Tel
TelPwrA-2.1
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
NN
(E) CONCRETE WALKWAY
(E) ACCESS GATE, BY OTHERS
(E) VERIZON WIRELESS EQUIPMENT
AREA
(E) VERIZON WIRELESS COAX CABLE
BRIDGE, BY OTHERS
(E) TRASH ENCLOSURE
(E) 80KW DIESEL GENERATOR ON 6'-0"X13'-0"
CONCRETE SLAB
(E) 55'-0" HIGH
MONOEUCALYPTUS
(E) IPE WOOD SLAT FENCE
~ EXISTING PARKING LOT ~
(E) PARKING LOT & LOCATION OF (N) AT&T SITE
TECHNICIAN PARKING
(E) ACCESS GATE
(N) 5' WIDE AT&T POWER & TELCO JOINT
EASEMENT FROM P.O.C. TO (N) AT&T
EQUIPMENT SHELTER
(N) 20'-5" X 11'-5" AT&T SHELTER, SEE SHEET
A-3 FOR DETAILS
(N) 30kW, DIESEL GENERATOR
RELOCATED PORTION OF FENCE(N) 6'-0" LONG COAX CABLE BRIDGE TIED
TO (E)
CABLE BRIDGE
NOTES:
1. FOR THE PURPOSES OF THIS DRAWING, IT IS ASSUMED THAT VERIZON WIRELESS HAS COMPLETED THE INSTALLATION OF A NEW 55'
TALL MONOEUCALYPTUS TREE, SHOWN AS EXISTING ON THESE PLANS. VERIZON WIRELESS IS INSTALLING THIS NEW TREE UNDER
SEPARATE PERMITS.
2. MONOEUCAYLYPTUS TREE BRANCHES NOT SHOWN IN THIS VIEW FOR CLARITY.
10'-0"
5'-0"
EXISTING 5'-0" WIDE FLOOD CONTROL STORM
DRAINAGE EASEMENT
EXISTING 10'-0" PUBLIC UTILITY EASEMENT17'-5" VERIZON LEASE AREA26'-5" VERIZON LEASE AREA 10'-8" VERIZON LEASE AREA17'-5" VERIZON LEASE AREA
22'-7" VERIZON LEASE AREA
18'-11" VERIZON LEASE AREAPROPOSED AT&T LEASE AREA31'-7" VERIZON LEASE AREA
58'-7" OVERALL FENCED AREA
12'-8" VERIZON LEASE AREA30'-0" PROPOSED AT&T LEASE AREA
23'-0" PROPOSED AT&T LEASE AREA
PROPOSED AT&T 30"x48" SPLICE BOX
PROPOSED ENLARGED SITE
PLAN
1 1/4" = 1'-0"
PROPOSED ENLARGED SITE PLAN
196
TelPwrTelPwrA-3
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
EQUIPMENT
AREA
FULL SCALE 1/2"=1'-0"
12"210 5 FT43
HALF SCALE 1/4"=1'-0"
PROPOSED EQUIPMENT AREA
PROPOSED EQUIPMENT PLATFORM LAYOUT
(E) VERIZON WIRELESS COAX CABLE BRIDGE, BY
OTHERS
(N) 30KW DIESEL GENERATOR
(N) 20'-0" X 11'-5" AT&T SHELTER, SEE DETAIL BELOW
RELOCATED IPE WOOD SLAT FENCE
9
AC PANEL
OUTDOOR SPOTLIGHT
FIBER BOX
INDOOR CIENA MOUNTED IN 23" RACK
PROPOSED SIAD
PG&E METER SET
14
15
11 1
3
14
12
8
10
10
7
26
1115
45
13
FULL SCALE 1/2"=1'-0"
12"210 5 FT43
HALF SCALE 1/4"=1'-0"
(N) ACCESS DOOR
8
16
16
20'-0"
8'-0"11'-5"12'-0"
(N) AT&T COAX CABLE BRIDGE
17
17
3
D-3
19
1
D-3
1 PROPOSED 23" RACK (TYP. OF 3)
DIESEL FUEL SPILL KIT
TELCO BOARD
COAX ENTRY PORT
COAX CABLE BRIDGE
AUTO TRANSFER DISCONNECT
30kW,190 GAL. DIESEL GENERATOR
SHELTER DOOR
GPS ANTENNA
HVAC (TYP OF 2)
CAMLOCK GENERATOR PLUG
CONCRETE 5'x14' STOOP
TELCO BOX - POC
2
3
4
5
6
7
8
9
10
11
12
13
18
19
INSTALL RACK MOUNTED SIAD AND CIENA ON
ON PROPOSED EQUIPMENT RACK
197
A-4
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
ANTENNA PLAN
NN
(N) 6' HEX PORT PANEL ANTENNAS
MOUNTED ON (N) CROSS ARM/PIPEMAST,
TYP. ALL SECTORS
SECTOR A
AZIMUTH 8
0
°
NOTE:
(7) RRH'S PER SECTOR, (3) SECTOR
TOTAL, (21) RRH'S TOTAL
SECTOR CAZIMUTH 200°S
EC
TOR
BAZ
IMU
TH
320
°
PROPOSED 3.5" O.D., SCHEDULE
40 CROSS-ARM, PROVIDED BY
TOWER MANUFACTURER
(N) 15'-0" HIGH TOWER EXTENSION
TO ACCOMMODATE RELOCATED
VERIZON WIRELESS EQUIPMENT
10'-0" MAX BRANCH RADIUS
@ 52' RAD CENTER
FULL SCALE 3/4"= 1'-0"
1 0 3 FT1
HALF SCALE 3/8"=1'-0"
2
(N) (7) RRH'S LOCATED BEHIND
(N) AT&T ANTENNAS: 7 RRH'S
PER SECTOR, 3 SECTORS, 21
TOTAL
10'-
0
"
T
Y
P
.
(N) DC-6 SURGE ARRESTOR
DOME, TYP. OF (1) PER SECTOR
NOTES:
1. FOR THE PURPOSES OF THIS DRAWING, IT IS ASSUMED THAT VERIZON WIRELESS HAS COMPLETED THE INSTALLATION OF A NEW 55'
TALL MONOEUCALYPTUS TREE, SHOWN AS EXISTING ON THESE PLANS. VERIZON WIRELESS IS INSTALLING THIS NEW TREE UNDER
SEPARATE PERMITS.
2. MONOEUCAYLYPTUS TREE BRANCHES NOT SHOWN IN THIS VIEW FOR CLARITY.2'-6" TYP.PROPOSED 2" STD PIPE, 8'
TALL, TYPICAL OF (12)
PROPOSED CROSSOVER KIT,
TYPICAL OF (12),
COMMSCOPE PART #XP-2030
198
A-5
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
WEST ELEVATION
VIEW
GROUND LEVEL
± EL. 0'-0" AGL
(E) VERIZON WIRELESS ANTENNAS, TO BE
RELOCATED
EXISTING WEST ELEVATION VIEW PROPOSED WEST ELEVATION VIEW
EXISTING RAD CENTER, BY OTHERS
± EL. 52'-0" AGL
TOP OF (E) MONEUCALYPTUS
± EL. 55'-0" AGL
(E) IPE WOOD SLAT FENCE
(E) TRASH ENCLOSURE
(E) 55'-0" HIGH STEALTH MONOEUCALYPTUS TREE
GROUND LEVEL
± EL. 0'-0" AGL
(N) 6' PANEL ANTENNAS MOUNTED ON (N) CROSS
ARM, TYP. ALL SECTORS
(N) AT&T ANTENNA RAD CENTER
± EL. 52'-0" AGL
TOP OF PROPOSED AT&T ANTENNAS
± EL. 55'-0" AGL
(E) IPE WOOD SLAT FENCE
(E) TRASH ENCLOSURE
(E) 55'-0" HIGH STEALTH MONOEUCALYPTUS TREE
(E) VERIZON ANTENNA (N) RAD CENTER
± EL. 66'-0" AGL
TOP OF (N) MONEUCALYPTUS TOWER EXTENSION
± EL. 70'-0" AGL
(E) VERIZON WIRELESS
ANTENNA, RELOCATED
(N) 15'-0" HIGH TOWER EXTENSION TO ACCOMMODATE
RELOCATED VERIZON ANTENNAS
(N) 20'-0" X 11'-5" AT&T SHELTER, SEE SHEET A-3 FOR
DETAILS
FULL SCALE 3/16"=1'-0"
6 0 12 FT6
HALF SCALE 3/32"=1'-0"
FULL SCALE 3/16"=1'-0"
6 0 12 FT6
HALF SCALE 3/32"=1'-0"
TOP OF (N) FOLIAGE
± EL. 75'-0" AGL
NOTES:
1. FOR THE PURPOSES OF THIS DRAWING, IT IS ASSUMED THAT VERIZON WIRELESS HAS COMPLETED THE INSTALLATION OF A NEW 55'
TALL MONOEUCALYPTUS TREE, SHOWN AS EXISTING ON THESE PLANS. VERIZON WIRELESS IS INSTALLING THIS NEW TREE UNDER
SEPARATE PERMITS.
2. MONOEUCAYLYPTUS TREE BRANCHES NOT SHOWN IN THIS VIEW FOR CLARITY.
TOP OF (E) BRANCHES
± EL. 60'-0" AGL
TOP OF (E) FENCE
± EL. 10'-3" AGL
PROPOSED (3) 2.5"Ø INNERDUCT FROM
AT&T EQUIPMENT AREA (1 TO EACH DC6
DOME), ROUTED WITHIN
MONOEUCALYPTUS TREE
5
D-1
TOP OF (E) MONEUCALYPTUS
199
A-6
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
SOUTH ELEVATION
VIEW
GROUND LEVEL
± EL. 0'-0" AGL
(E) VERIZON WIRELESS ANTENNAS, TO BE
RELOCATED
EXISTING RAD CENTER, BY OTHERS
± EL. 52'-0" AGL
TOP OF (E) MONEUCALYPTUS
± EL. 55'-0" AGL
(E) IPE WOOD SLAT FENCE
(E) TRASH ENCLOSURE
(E) 55'-0" HIGH STEALTH MONOEUCALYPTUS TREE
(N) 15'-0" HIGH TOWER EXTENSION TO ACCOMMODATE
RELOCATED (E) VERIZON ANTENNAS
(N) 20'-0" X 11'-5" AT&T SHELTER, SEE SHEET A-3 FOR
DETAILS
FULL SCALE 3/16"=1'-0"
6 0 12 FT6
HALF SCALE 3/32"=1'-0"
FULL SCALE 3/16"=1'-0"
6 0 12 FT6
HALF SCALE 3/32"=1'-0"
GROUND LEVEL
± EL. 0'-0" AGL
(E) VERIZON WIRELESS ANTENNAS,
RELOCATED
(N) AT&T ANTENNA RAD CENTER
± EL. 52'-0" AGL
TOP OF PROPOSED AT&T PANEL ANTENNAS
± EL. 55'-0" AGL
(E) IPE WOOD SLAT FENCE
(E) TRASH ENCLOSURE
(E) 55'-0" HIGH STEALTH MONOEUCALYPTUS TREE
TOP OF (N) MONEUCALYPTUS
± EL. 70'-0" AGL
TOP OF (N) FOLIAGE
± EL. 75'-0" AGL
NOTES:
1. FOR THE PURPOSES OF THIS DRAWING, IT IS ASSUMED THAT
VERIZON WIRELESS HAS COMPLETED THE INSTALLATION OF A
NEW 55' TALL MONOEUCALYPTUS TREE, SHOWN AS EXISTING
ON THESE PLANS. VERIZON WIRELESS IS INSTALLING THIS NEW
TREE UNDER SEPARATE PERMITS.
2. MONOEUCAYLYPTUS TREE BRANCHES NOT SHOWN IN THIS
VIEW FOR CLARITY.
TOP OF (E) BRANCHES
± EL. 60'-0" AGL
(N) GPS ANTENNA MOUNTED ON (N)
SHELTER
TOP OF (E) FENCE
± EL. 10'-3" AGL
EXISTING SOUTH ELEVATION VIEW PROPOSED SOUTH ELEVATION VIEW
(N) 6' PANEL ANTENNAS MOUNTED ON (N) CROSS
ARM, TYP. ALL SECTORS
TOWER EXTENSION
PROPOSED (3) 2.5"Ø INNERDUCT FROM AT&T EQUIPMENT AREA (1 TO
EACH DC6 DOME), ROUTED WITHIN MONOEUCALYPTUS TREE
5
D-1
TOP OF (E) MONEUCALYPTUS
200
D-1
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
EQUIPMENT
DETAILS
ERICSSON RRUS-11
COLOR: WHITE
DIMENSIONS: 19.7" TALL X 17" WIDE X 7.2" DEEP (INCLUDING SUNSHIELD)
WIEGHT: +/- 50 LBS. (INCLUDING MOUNTING HARDWARE)
RRH WITH SUNSHIELD
17"19.7"7.2"
FRONT VIEW SIDE VIEW
MFR'S STANDARD MOUNTING
BRACKETS
TOP VIEW
16"CLR12"CLRMFR'S STANDARD
MOUNTING BRACKETS
P1000 UNISTRUT AS ALTERNATE
ATTACHMENT
P1000 UNISTRUT
AS ALTERNATE
ATTACHMENT
SUNSHIELD
3 1 1/2"=1'-0"
ERICSSON RRUS-11 REMOTE RADIO HEAD5NTS
HEX ANTENNA SPEC
H
SIDE
FRONT
=
=
=
15 20306 9 12
PERSPECTIVE
D
W
ANTENNA
SUPPORT PIPE
MECHANICAL
DOWNTILT BRACKET
ANTENNA
WIND AREA
WEIGHT
DIMENSIONS
SBNHH-1D65C
9.45 SQ.FT.
49.6 LBS
96.5" (H) x 11.9" (W) x 7.1" (D)
=
ERICSSON RRH-32
COLOR: WHITE
DIMENSIONS: 27.2" TALL X 12.1" WIDE X 7.0" DEEP (INCLUDING SUNSHIELD)
WIEGHT: +/- 50.7LBS. (INCLUDING MOUNTING HARDWARE)
RRH WITH SUNSHIELD
12.1"27.2"7.0"
FRONT VIEW
SIDE VIEW
MFR'S STANDARD
MOUNTING BRACKETS
TOP VIEW
16"CLR12"CLRP1000 UNISTRUT AS ALTERNATE
ATTACHMENT
P1000 UNISTRUT
AS ALTERNATE
ATTACHMENT
SUNSHIELD
MFR'S STANDARD
MOUNTING
BRACKETS
2 1 1/2"=1'-0"
ERICSSON RRH-32 REMOTE RADIO HEAD
ERICSSON RRH-12
COLOR: WHITE
DIMENSIONS: 20.4" TALL X 18.5" WIDE X 7.5" DEEP (INCLUDING SUNSHIELD)
WIEGHT: +/- 49.4LBS. (INCLUDING MOUNTING HARDWARE)
RRH WITH SUNSHIELD
18.5"20.4"7.5"
FRONT VIEW
SIDE VIEW
MFR'S STANDARD
MOUNTING BRACKETS
TOP VIEW
16"CLR12"CLRMFR'S STANDARD
MOUNTING BRACKETS
P1000 UNISTRUT AS
ALTERNATE ATTACHMENT
P1000 UNISTRUT
AS ALTERNATE
ATTACHMENT
SUNSHIELD
4 1 1/2"=1'-0"
ERICSSON RRH-12 REMOTE RADIO HEAD
1 1 1/2"=1'-0"
DC6 POWER CONNECTION
2-1/4" STANDARD GALVANIZED PIPE
MOUNT
11"
11"9"2'-3"GROUND TO ANTENNA GROUND
BAR OR BUILDING STEEL
SURGE SUPPRESSION SYSTEM FOR USE
AT ANTENNA SECTORS CLOSER THAN
18 FEET APART
MFR STANDARD CLIPS
2-1/4" STANDARD GALVANIZED PIPE
MOUNT
MFR STANDARD PIPE MOUNT
HARDWARE
RAYCAP DC6-48-60-18-8F & DC6-48-60-0-8F
SURGE SUPPRESSION SOLUTION
COLOR: BLACK/SILVER
DIMENSIONS: 11" DIA X 27" TALL W/ 9" BASE
WEIGHT: +/- 50 LBS. (INCLUDING MOUNTING HARDWARE
SURGE SUPPRESSION SYSTEM FOR USE
AT ANTENNA SECTORS CLOSER THAN
18 FEET APART
COAX LINES TO ANTENNAS
MFR STANDARD PIPE MONT
HARDWARE
7 NOT TO SCALE
RF SCHEDULE
SECTOR
A
L
P
H
A
B
E
T
A
G
A
M
M
A
ANTENNA MODEL NO.AZIMUTH RAD CENTER RRH FIBER LENGTH COAX LENGTH COAX DIA.NO.
RF SCHEDULE
A1
A2
A3
A4
B1
B2
B3
B4
C1
C2
C3
C4
TMA
1/2"
1/2"
1/2"
6
1/2"
1/2"
1/2"
80°
N/A
N/A
N/A
N/A
N/A
N/A ± 10'-0"
± 10'-0"
± 10'-0"
± 10'-0"
± 10'-0"
± 10'-0"
± 110'-0"
± 110'-0"
± 100'-0"
± 110'-0"
± 110'-0"
± 100'-0"
SBNHH-1D65B ± 52'-0"RRUS-11 & RRUS-32
RRUS-32
RRUS-11 & FUTURE
RRUS-E2 & RRUS-32
80°SBNHH-1D65B
80°SBNHH-1D65B
80°SBNHH-1D65B N/A
N/A
N/A
N/A
± 110'-0"
± 110'-0"
± 110'-0"
± 110'-0"
± 110'-0"
± 10'-0"
± 10'-0"
± 10'-0"
± 10'-0"
1/2"
1/2"
1/2"
1/2"
1/2"
1/2"± 10'-0"
± 10'-0"
± 100'-0"
4
6
6
6
6
6
6
6
6N/A
N/A
320°RRUS-11 & RRUS-32
RRUS-32
RRUS-11 & FUTURE
RRUS-E2 & RRUS-32
200°RRUS-11 & RRUS-32
RRUS-32
RRUS-11 & FUTURE
RRUS-E2 & RRUS-32
320°
320°
320°
200°
200°
200°
(N) LANDING
LUGS FOR
AC/DC POWER
(N) CONVERTER
MODULES
(N) +24V TO
-48V DC
CONVERTER
(N) 23"
POWER
RACK
(N) BATTERY
(N) +24V TO -48V
DC CONVERTER
(N) CONVERTER
MODULES
(N) LANDING LUGS FOR
AC/DC POWER
(N) BATTERY
2'-2"7'-0"3'-10 1/2"2'-1 1/4"7'-0"2'-4"(N) POWER PLANT RACK 1'-6"(N) BATTERY
NOTE: REFER TO 2/D3 FOR ANCHORAGE DETAILS
8 NTS
INTERIOR POWER PLANT & BATTERY RACK
9 1 1/2"=1'-0"
GRAVEL DETAIL
3/4" WASHED GRAVEL
SCARIFIED AND COMPACTED
SUBGRADE- COMPACTED @ 95%3" MIN.FILTER FABRIC
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
± 52'-0"
4
4
SBNHH-1D65B
SBNHH-1D65B
SBNHH-1D65B
SBNHH-1D65B
SBNHH-1D65B
SBNHH-1D65B
SBNHH-1D65B
SBNHH-1D65B
201
-
6
-
4
-
1
1
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
-
1
D-2
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
FOUNDATION
DETAILS
NOTES:
1. SLAB TO BE LEVEL ±1/4".
2. FOOTING TO EXTEND A MINIMUM OF 24" BELOW UNDISTURBED SOIL AND FROST LINE.
3. FINAL SITE DESIGN IS RESPONSIBILITY OF THE SITE CONTRACTOR.
4. CONCRETE STRENGTH SHALL BE A MINIMUM OF 3000 PSI AT 28 DAYS.
6 3/4"=1'-0"
SHELTER CONCRETE SLAB PLAN
7 1/2"=1'-0"
SHELTER SLAB SECTION 2'-0" MIN.6"MIN.3"EQ.EQ.3"3"
3"
#4 BARS @ 12" O.C. EACH
WAY, CENTERED IN SLAB
1" CHAMFER
(2) GRADE 40 #4 BARS
CONTINUOUS
GRADE 40 #3 TIES
@ 24" O.C.
3000 PSI CONTINUOUS
CONCRETE FOOTING
(2) GRADE 40 #4 BARS
CONTINUOUS
TYPICAL FOUNDATION
BUILDING
1 1 1/2"=1'-0"
TYPICAL TIE-DOWN PLATE DETAIL41 1/2"=1'-0"
SHELTER CONCRETE FOOTING DETAIL
12"
8"2"10"2"7"1 1/16"Ø HOLE
(TYP 2 - TOP ROW)
3/8" THK. STL PL FABRICATED
AS SHOWN - 6 REQUIRED
3 3"=1'-0"
SHELTER TIE DOWN PLATE A
2 1 1/2"=1'-0"
EQUIPMENT ATTACHMENT TO CONCRETE SLAB
3/8" DIA. "HILTI" (KB-TZ)
KWIK BOLT EXPANSION
ANCHOR W/ MIN. 2" EMB.
(TOTAL OF 4) (6 REQ'D IN
EARTHQUAKE ZONES)
** ALL ANCHORS TO MEET ICC-ES
ESR-1917 SPECIFICATIONS
EQUIPMENT CABINET
BASE FRAME
CONCRETE SLAB ON
GRADE OR CONCRETE
SHELTER FLOOR
* REFER TO BOLTING PATTERN DETAIL FOR BOLT
LAYOUT AND SPACING
20'-0"11'-5"#4 @ 16" O.C. EACH WAY
CENTERED IN THE SLAB
SLAB & FOOTING FOR EQUIPMENT
SHELTER 6" THICK 3000 PSI CONCRETE
SLAB WITH 1" CHAMFER AT TOP EDGE
LINE OF FOOTING BELOW 2'-0" (TYP)1'-0" (TYP)
11'-5'
#4 BARS @ 16" O.C. EACH WAY,
CENTERED IN SLAB
6" THICK, 3000 PSI CONCRETE SLAB
WITH 1" CHAMFER AT TOP EDGE
7/8"Ø HOLE (TYP 2
- BOTTOM ROW)
USE FOR SIDE CONNECTION
853-00073 1" x 2 3 4" BOLT,
855-11501 WASHER, 1" FLAT 2"
OD, 855-11505 1" LOCKWASHER
USE FOR END WALL
CONNECTION 853-11490, 5 8" x 2"
BOLT 855-15863, WASHER 5 8" FLAT
855-11510, 5 8" LOCKWASHER
6 14" LONG x 3 4" HILTI KB-TZ
ANCHOR (43 4" EMBEDMENT ICC
ESR 1917)12"EQ.EQ.12"4'-0"3" MIN. CLR.5 1" = 1'-0"
CONCRETE STOOP DETAIL
18" SLOPE
FINISH GRADE
PRE-FABRICATED
EQUIPMENT SHELTER
DOOR FRAME
BEYOND
12" EXPANSION
JOINT FILLER
2500 PSI CONCRETE STOOP #4 @
12"O.C. EACH WAY
14" PER FT SLOPE (BROOM FINISH)
3 4" CHAMFER ON EDGES
NOTE: PLATE SIZE &
ANCHORAGE SUBJECT TO
CHANGE DEPENDING ON
SHELTER MODEL SELECTED
NOTE: PLATE SIZE &
ANCHORAGE SUBJECT TO
CHANGE DEPENDING ON
SHELTER MODEL SELECTED
1. ALL CONCRETE WORK SHALL BE IN ACCORDANCE WITH THE ACI 301, ACI 318, ACI 336, ASTM A184, ASTM A185, NEPA 30,
THE CALIFORNIA BUILDING CODE AND THE DESIGN AND CONSTRUCTION SPECIFICATION FOR CAST-IN-PLACE CONCRETE.
2. ALL CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 2500 PSI AT 28 DAYS.
3. REINFORCING STEEL SHALL CONFORM TO ASTM A615, GRADE 60, DEFORMED UNLESS NOTED OTHERWISE. WELDED WIRE
FABRIC SHALL CONFORM TO ASTM A185 WELDED STEEL WIRE FABRIC UNLESS NOTED OTHERWISE. SPLICES SHALL BE CLASS
"B" AND ALL HOOKS SHALL BE STANDARD, UNO.
4. THE FOLLOWING MINIMUM CONCRETE COVER SHALL BE PROVIDED FOR REINFORCING STEEL UNLESS SHOWN OTHERWISE
ON DRAWINGS:
CONCRETE CAST AGAINST EARTH ....... 3 IN.
CONCRETE EXPOSED TO EARTH OR WEATHER:
#6 AND LARGER .......................... 2 IN.
#5 AND SMALLER ........................ 1 1/2 IN.
5. A CHAMFER 3/4" SHALL BE PROVIDED AT ALL EXPOSED EDGES OF CONCRETE, UNO, IN ACCORDANCE WITH ACI 301
SECTION 4.2.4.
6. INSTALLATION OF CONCRETE EXPANSION/WEDGE ANCHOR, SHALL BE PER MANUFACTURER'S WRITTEN RECOMMENDED
PROCEDURE. THE ANCHOR BOLT, DOWEL OR ROD SHALL CONFORM TO MANUFACTURER'S RECOMMENDATION FOR
EMBEDMENT DEPTH OR AS SHOWN ON THE DRAWINGS. NO REBAR SHALL BE CUT WITHOUT PRIOR ENGINEERING
APPROVAL WHEN DRILLING HOLES IN CONCRETE. EXPANSION BOLTS SHALL BE PROVIDED BY RAMSET/REDHEAD OR
APPROVED EQUAL, UNLESS NOTED OTHERWISE. SPECIAL INSPECTIONS, WHEN REQUIRED BY GOVERNING CODES, SHALL BE
PERFORMED IN ORDER TO MAINTAIN MANUFACTURER'S MAXIMUM ALLOWABLE LOADS.
7. GRAVEL USED FOR CONCRETE SLAB CUSHIONING SHALL BE NATURAL OR CRUSHED STONE WITH 100 PERCENT PASSING 1
INCH SIEVE
8 N.T.S.
CONCRETE GENERAL NOTES
202
D-3
5001 Executive Parkway, 4W550H
San Ramon, California 94583
PREPARED FOR
REV DESCRIPTIONDATE
SHEET TITLE:
SHEET NUMBER:
CHECKED BY:
DRAWN BY:
PACE NO:
IT IS A VIOLATION OF LAW FOR ANY
PERSON, UNLESS THEY ARE ACTING
UNDER THE DIRECTION OF A LICENSED
PROFESSIONAL ENGINEER, TO ALTER THIS
DOCUMENT.
Vendor:
Licensor:
Issued For:
AT&T Site ID:
AT&T SITE NO:
10300 TORRE AVENUE
CUPERTINO, CA 95014
PS
JF
CCU2719
CCL02719
A
SITE NUMBER: CCL02719
CUPERTINO CITY HALL
Mobility
MRSFR007635
07/18/16 CD 90%
0 02/14/17 CD 100%
NMID TX UTCOCAAZ------NV-
1 04/11/17 ETTCS UPDATE
2 06/01/17 UPDATED RFDS
DETAILS
1 NOT TO SCALE
GENERATOR DETAIL
NOTE:
1. REFER TO BOLTING PATTERN DETAIL FOR BOLT LAYOUT & SPACING
2. ALL ANCHORS TO MEET ICC-ES ESR-1917 SPECIFICATIONS (SPECIAL INSPECTION REQUIRED)
3. MINIMUM OF (4) ANCHORS REQUIRED
CONCRETE FOUNDATION AS REQUIRED BY
COAX CABLE BRIDGE SUPPLIER
PIPE COLUMN EMBEDDED INTO
CONCRETE PIER
PIPE COLUMNS TO BE PLACED W/ 8' MAXIMUM
SPACING. ALTERNATE
TRAPEZE-TYPE COAX
CABLE SUPPORT KIT
2 3"=1'-0"
RACK ATTACHMENT TO CONCRETE FLOOR (IF REQUIRED)3 3"=1'-0"
ICE BRIDGE DETAIL
AT&T TO USE LOWER TIER
OF (E) ICE BRIDGE
4 NOT TO SCALE
FENCE POST SLAT & FOUNDATION CONNECTION
HSS 4X4X1/4"
EMBEDDED INTO
DRILLED PIER
TOP OF GRADE
2"4" TYP.1" TYP.5'-0" MIN.3" MIN.1'-0"1'-0"
WOOD SLATS
12" MIN.L 3 1/2"X3"X1/4" LLH TYP. AT
EA. CENTER ANGLE WITH
POST
1 3/4"1 3/4"(2) 1/2" DIA. RECESSED
BOLTS TYP. AT SLAT
CONNECTION
203
183204
185205
186206
187207
188208
189209
June 22, 2017
County of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Re: Letter of Authorization
Site Name: DeAnza Stevens Creek #249535
Address: 10300 Torre Avenue, Cupertino, CA 95014
APN: 11369-31-033
To Whom It May Concern:
GTE Mobilnet of California Limited Partnership dba Verizon Wireless has a lease interest in the
above-reference parcel with the City of Cupertino. In addition, Verizon Wireless is the owner of the
tower located on this parcel, and AT&T is requesting to sublease space on the tower.
Pursuant to the above-referenced interest, Verizon Wireless authorizes AT&T and its authorized agents
to apply for and obtain all land use approvals and permits, which are appropriate for the installation,
construction and continued operation of a wireless communications facility (including antennas and all
ancillary equipment and structures).
If you have any questions or comments, please contact Laura Boat at 510-593-7842 who is handling
this matter on behalf of Verizon Wireless.
Sincerely,
Sue Hardy
Sue Hardy
Verizon Wireless
210
Page 1
Waterford Consultants, LLC ● 201 Loudoun Street Southeast Suite 300 ● Leesburg, Virginia 20175 ● 703.596.1022
General Summary
AT&T Mobility has contracted Waterford Consultants, LLC to conduct a Radio Frequency Electromagnetic
Compliance assessment of the proposed Central Cupertino Relo site located at 10800 Torre Avenue,
Cupertino, California. This report contains information about the radio telecommunications equipment to be
installed at this site and the surrounding environment with regard to RF Hazard compliance. This
assessment is based on installation designs and operational parameters provided by AT&T Mobility.
The compliance framework is derived from the Federal Communications Commission (FCC) Rules and
Regulations for preventing human exposure in excess of the applicable Maximum Permissible Exposure
(“MPE”) limits. At any location at this site, the power density resulting from each transmitter may be
expressed as a percentage of the frequency-specific limits and added to determine if 100% of the exposure
limit has been exceeded. The FCC Rules define two tiers of permissible exposure differentiated by the
situation in which the exposure takes place and/or the status of the individuals who are subject to exposure.
General Population / Uncontrolled exposure limits apply to those situations in which persons may not be
aware of the presence of electromagnetic energy, where exposure is not employment-related, or where
persons cannot exercise control over their exposure. Occupational / Controlled exposure limits apply to
situations in which persons are exposed as a consequence of their employment, have been made fully aware
of the potential for exposure, and can exercise control over their exposure. Based on the criteria for these
classifications, the FCC General Population limit is considered to be a level that is safe for continuous
exposure time. The FCC General Population limit is 5 times more restrictive than the Occupational limits.
Frequency
(MHz)
Limits for General Population/ Uncontrolled Exposure Limits for Occupational/ Controlled Exposure
Power Density
(mW/cm2)
Averaging Time
(minutes)
Power Density
(mW/cm2)
Averaging Time
(minutes)
30-300 0.2 30 1 6
300-1500 f/1500 30 f/300 6
1500-100,000 1.0 30 5.0 6
f=Frequency (MHz)
In situations where the predicted MPE exceeds the General Population threshold in an accessible area as a
result of emissions from multiple transmitters, FCC licensees that contribute greater than 5% of the
aggregate MPE share responsibility for mitigation.
Radio Frequency Emissions Compliance Report For AT&T Mobility
Site Name: Central Cupertino Relo Site Structure Type: Monoeucalyptus
Address: 10800 Torre Avenue Latitude: 37.319148
Cupertino, California Longitude: -122.027991
Report Date: June 26, 2017 Project: New Build
211
Central Cupertino Relo-New Site Build 062617
Page 2
Waterford Consultants, LLC ● 201 Loudoun Street Southeast Suite 300 ● Leesburg, Virginia 20175 ● 703.596.1022
Based on the computational guidelines set forth in FCC OET Bulletin 65, Waterford Consultants, LLC has
developed software to predict the overall Maximum Permissible Exposure possible at any particular location
given the spatial orientation and operating parameters of multiple RF sources. These theoretical results
represent worst-case predictions as emitters are assumed to be operating at 100% duty cycle.
For any area in excess of 100% General Population MPE, access controls with appropriate RF alerting
signage must be put in place and maintained to restrict access to authorized personnel. Signage must be
posted to be visible upon approach from any direction to provide notification of potential conditions within
these areas. Subject to other site security requirements, occupational personnel should be trained in RF
safety and equipped with personal protective equipment (e.g. RF personal monitor) designed for safe work in
the vicinity of RF emitters. Controls such as physical barriers to entry imposed by locked doors, hatches and
ladders or other access control mechanisms may be supplemented by alarms that alert the individual and
notify site management of a breach in access control. Waterford Consultants, LLC recommends that any
work activity in these designated areas or in front of any transmitting antennas be coordinated with all
wireless tenants.
Analysis
AT&T Mobility proposes the following installation at this location:
Install twelve (12) proposed AT&T 6' panel antennas
Install twenty-one (21) RRH'S
The antennas will be mounted on an existing monoeucalyptus extended to a height of 70 feet with
centerlines at 52 and 66 feet above ground level. The antennas will be oriented toward 80, 320 and 200
degrees. The Effective Radiated Power (ERP) in any direction from all AT&T Mobility operations will not
exceed 21,504 Watts. Other appurtenances such as GPS antennas, RRUs and hybrid cable are not sources
of RF emissions. From this site, AT&T Mobility will enhance voice and data services to surrounding areas in
licensed 700, 850, 1900, 2100 and 2300 MHz bands. Panel antennas have been installed at this site by
other wireless operators. Assumed operating parameters for these antennas are listed in Appendix A.
Power density decreases significantly with distance from any antenna. The panel-type antennas to be
employed at this site are highly directional by design and the orientation in azimuth and mounting elevation,
as documented, serve to reduce the potential to exceed MPE limits at any location other than directly in front
of the antennas. For accessible areas at ground level, the maximum predicted power density level resulting
from all AT&T Mobility operations is 2.7355% of the FCC General Population limits. Based on the operating
parameters in Appendix A, the cumulative power density level at this location from all antennas is 3.2330% of
the FCC General Population limits. Incident at adjacent buildings depicted in Figure 1, the maximum
predicted power density level resulting from all AT&T Mobility operations is 9.6090% of the FCC General
Population limits. Based on the operating parameters in Appendix A, the cumulative power density level at
this location from all antennas is 10.651% of the FCC General Population limits. The proposed operation will
not expose members of the General Public to hazardous levels of RF energy.
Waterford Consultants, LLC recommends posting contact information signage at the compound gate. RF
alerting signage (Caution) should be posted at the base of the tower to inform authorized climbers of
potential conditions near the antennas. These recommendations are depicted in Figure 2.
212
Central Cupertino Relo-New Site Build 062617
Page 3
Waterford Consultants, LLC ● 201 Loudoun Street Southeast Suite 300 ● Leesburg, Virginia 20175 ● 703.596.1022
Figure 1: Antenna Locations
Figure 2: Mitigation Recommendations
213
Central Cupertino Relo-New Site Build 062617
Page 4
Waterford Consultants, LLC ● 201 Loudoun Street Southeast Suite 300 ● Leesburg, Virginia 20175 ● 703.596.1022
Compliance Statement
Based on information provided by AT&T Mobility and predictive modeling, the installation proposed by AT&T
Mobility at 10800 Torre Avenue, Cupertino, California will be compliant with Radiofrequency Radiation
Exposure Limits of 47 C.F.R. § 1.1307(b)(3) and 1.1310. RF alerting signage and restricting access to the
tower to authorized climbers that have completed RF safety training is required for Occupational environment
compliance.
Certification
I, Steven N. Baier-Anderson, am the reviewer and approver of this report and am fully aware of and familiar
with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the
Occupational Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency
Radiation, specifically in accordance with FCC’s OET Bulletin 65. I have reviewed this Radio Frequency
Exposure Assessment report and believe it to be both true and accurate to the best of my knowledge.
214
Central Cupertino Relo-New Site Build 062617
Page 5
Waterford Consultants, LLC ● 201 Loudoun Street Southeast Suite 300 ● Leesburg, Virginia 20175 ● 703.596.1022
Appendix A: Assumed Parameters for Antennas Installed by Other Operators
Ant Num Name
Freq
(MHz)
ERP
(W) Model
Rad
Center
(ft AGL)
Gain
(dbd)
Orientation
(Deg)
Horizontal
Beam Width
(Deg)
Antenna
Length
(ft)
13 Verizon 700 1000 Panel 66 11.3 0 66 4
13 Verizon 2100 2000 Panel 66 11.3 0 66 4
14 Verizon 850 2000 Panel 66 11.5 0 61 4
14 Verizon 1900 2000 Panel 66 11.5 0 61 4
15 Verizon 700 1000 Panel 66 11.3 120 66 4
15 Verizon 2100 2000 Panel 66 11.3 120 66 4
16 Verizon 850 2000 Panel 66 11.5 120 61 4
16 Verizon 1900 2000 Panel 66 11.5 120 61 4
17 Verizon 700 1000 Panel 66 11.3 240 66 4
17 Verizon 2100 2000 Panel 66 11.3 240 66 4
18 Verizon 850 2000 Panel 66 11.5 240 61 4
18 Verizon 1900 2000 Panel 66 11.5 240 61 4
215
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1774 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:6/6/2016 City Council
On agenda:Final action:7/5/2017
Title:Subject: Storm Drain Improvements - Foothill Blvd and Cupertino Road - Rebid authority to award
contract
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Storm Drain Improvements - Foothill Blvd and Cupertino Road - Rebid authority to
award contract
Authorize the City Manager to award and execute the Storm Drain Improvements -Foothill
Blvd and Cupertino Road - Rebid Project contract and authorize a construction contingency
budget up to 10% of the project contract, if the lowest responsive bid is within the established
budget and there are no unresolved bid protests
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
Subject
Storm Drain Improvements - Foothill Blvd and Cupertino Road - Rebid Project
authority to award contract.
Recommended Action
Authorize the City Manager to award and execute the Storm Drain Improvements -
Foothill Blvd and Cupertino Road - Rebid Project contract and authorize a construction
contingency budget up to 10% of the project contract, if the lowest responsive bid is
within the established budget and there are no unresolved bid protests.
Discussion
The Storm Drain Improvements-Foothill Blvd and Cupertino Road - Rebid Project will
install a supplemental storm drain system along Foothill Blvd from Cupertino Road to
Salem Avenue, a distance of approximately 750 feet, as well as about 250 feet of new
storm sewer along Cupertino Road. The purpose of this additional storm drain system
is to alleviate flooding near the low point of Cupertino Road.
The project was advertised on May 12, 2017 and a single bid was received by the
deadline of 2 pm on June 6, 2017. Subsequently, Public Works elected to reject all bids
for the project.
Public Works staff has re-advertised the project and in addition to publishing the
invitation to bid in the Cupertino Courier, has conducted direct outreach to contractors
on the City’s contractor list, provided bidding information to multiple trade journals,
and reached out directly to contractors experienced in storm drain work to ensure they
are aware of the opportunity and to encourage them to submit a bid.
The re-bid of the project is scheduled to open bids on July 6, 2017. Due to the delay
caused by not receiving any viable bids on June 6, and the desire to complete the work
prior to the next rainy season, Public Works is requesting that Council authorize the
City Manager to award the project in order to expedite the start of construction.
Staff recommends that Council authorize the City Manager to award and execute the
construction contract for the Storm Drain Improvements-Foothill Blvd and Cupertino
Rd-Rebid, based on bids to be received on July 6, 2017.
Sustainability Impact
No sustainability impact.
217
CEQA
Exempt
Fiscal Impact
Authority to award to project would be contingent on the bid being acceptable and
within the existing project budget. No additional funding is being recommended at this
time.
_____________________________________
Prepared by: John Raaymakers, Public Works Project Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments: N/A
218
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2586 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/1/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Award and execute a contract for the Varian and Monta Vista Parks Courts Resurfacing
Project (Project No. 2017-13.02)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Contract
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Award and execute a contract for the Varian and Monta Vista Parks Courts
Resurfacing Project (Project No. 2017-13.02)
1. Authorize the City Manager to award and execute a construction contract for Varian and
Monta Vista Parks Courts Resurfacing Project, if the lowest responsive bid is within the
established budget and there are no unresolved bid protests; and 2. Authorize a construction
contingency budget of up to 10% of the construction contract amount, to address unforeseen
conditions during construction
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
July 5, 2017
Subject
Award and Authorize the City Manager to Execute a Contract for the Varian and Monta
Vista Parks Courts Resurfacing Project (Project No. 2017-13.02)
Recommended Action
1. Award and authorize the City Manager to execute a construction contract for Varian
and Monta Vista Parks Courts Resurfacing Project to Vintage Contractors, Inc. in the
amount of $258,620; and
2. Authorize a construction contingency budget of $26,000, to address unforeseen
conditions during construction, for a total of $284,620.
Description
The recommended project will repair extensive cracks and surface degradation affecting
court playability and the underlying court structure. The project will resurface the four
existing tennis courts, two each at Varian Park and Monta Vista Park, with a slip-sheet
overlay system.
Discussion
The CIP for fiscal years FY 2017-21 and 2018-22 include a multi-year project to resurface
the tennis courts at three park sites over two years, entitled Tennis Court Resurfacing-
Various Parks. The first contract under this project budget resurfaced the tennis courts at
Memorial Park, which was completed in June 2017. The subject contract will resurface
the courts at Varian Park and Monta Vista Park. This project will complete the
resurfacing of city tennis courts over a three year period.
The proposed project will install a slip-sheet overlay on the existing courts. The multi-
layer slip-sheet overlay is placed on the existing court surface , isolating the new upper
finish layers from the existing surface, preventing the existing cracks from reflecting up
through the overlay layers to the new surface. The materials and process used to
resurface the courts is expected to be a longer -term fix for court cracking, with a wear-
life of 12-15 years or longer. The contract includes a five year warranty.
220
The project was advertised for bids starting on June 9th and bids were opened on June
27th. A sole bid was received for an amount approximately 16% over the engineer’s
estimate, but within the budgeted funds available for the project. The sole bid was
received from Vintage Contractors, Inc., who has done the previous tennis court
resurfacing contracts for the City at the Sports Center and at Memorial Park.
Bidder Bid Amount
Engineers Estimate $223,000
Vintage Construction $258,620
Staff recommends that Council award the contact and authorize the City Manager to
execute the construction contract for the Varian & Monta Vista Parks Courts
Resurfacing Project, to Vintage. The construction market, in general, has recently been
escalating rapidly, and with a proven contractor on hand, a bid within allocate budget,
and a narrow seasonal construction window, we recommend proceeding.
The project is scheduled to begin in August 2017 with completion in September 2017.
This schedule has been coordinated with the Recreation and Community Service s
Department.
Sustainability Impact
None
CEQA
Exempt
Fiscal Impact
The FY 2017-2018 CIP budget for the Tennis Court Resurfacing-Various Parks project
(budget unit 420-99-015) is adequate to implement the proposed project. No additional
appropriation is needed.
Due to the materials and process used to resurface the courts the wear-life is expected to
be a 12-15 years or longer, reducing the frequency of recurring surface maintenance.
_____________________________________
Prepared by: Katy Jensen, CIP Program Manager
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachment A-Draft Contract
221
Project No. 2017-13.02
City of Cupertino 00520 - 1 Contract
Varian & Monta Vista Parks – Courts Resurfacing
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of , 20 ___ , by and between ________________________
[Name of Contractor] whose place of business is located at
__________________________________________________________, ____________________ [Address of
Contractor] (“Contractor”), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California
(“City”) acting under and by virtue of the authority vested in the City by the laws of the State of California.
WHEREAS, City, on the _____ day of _______________, 20___ awarded to Contractor the following Project:
PROJECT NUMBER 2017-13.02
VARIAN & MONTA VISTA PARKS – COURTS RESURFACING
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Katy Jensen, Capital Improvement Program Manager to act as City’s Authorized
Representative(s), who will represent City in performing City’s duties and responsibilities and exercising City’s
rights and authorities in Contract Documents. City may change the individual(s) acting as City’s Authorized
Representative(s), or delegate one or more specific functions to one or more specific City’s Representatives,
including without limitation engineering, architectural, inspection and general administrative functions, at any time
with notice and without liability to Contractor. Each City’s Representative is the beneficiary of all Contractor
obligations to City, including without limitation, all releases and indemnities.
2.2 City has designated Callander Associates, Landscape Architects to act as Project Consultant. City may change
the identity of the Landscape Consultant at any time with notice and without liability to Contractor.
2.3 City has designated Gilbane Building Company to act as Construction Managers. City may change the identity
of the Construction Manager at any time with notice and without liability to Contractor.
2.4 All notices or demands to City under the Contract Documents shall be to City’s Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
The City will issue a Notice to Proceed for each site. The 60 Calendar days to achieve Final Completion will be
applied to each site based on the date of the Notice to Proceed that is issued for the site.
222
Project No. 2017-13.02
City of Cupertino 00520 - 2 Contract
Varian & Monta Vista Parks – Courts Resurfacing
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Conditions) within 60 Calendar days from the date when the contract time
commences to run and in accordance with contract requirements, and project completion.
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses (such as project management and consultant expenses), if all or
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $1,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Final Completion of the entire Work as specified above.
3.2.2 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND
HOURS.
3.2.3 Three Months Salary for each Key Personnel named in Contractor’s SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor
can demonstrate to City’s satisfaction is beyond Contractor’s control.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies,
may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered
species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species
protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached
223
Project No. 2017-13.02
City of Cupertino 00520 - 3 Contract
Varian & Monta Vista Parks – Courts Resurfacing
Article 5. Contractor’s Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical
Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the
limited extent of the information contained in such materials upon which Contractor may be entitled to rely.
Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any
other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
224
Project No. 2017-13.02
City of Cupertino 00520 - 4 Contract
Varian & Monta Vista Parks – Courts Resurfacing
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00820 Special Environmental Conditions
Document 00821 Insurance
Document 00822 Apprenticeship Program
Technical Specification/Special Provisions
Addenda(s)
Drawings/Plans
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of Industrial Relations,
are deemed included in the Contract Documents and on file at City’s office, or may be obtained of the State of
California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
225
Project No. 2017-13.02
City of Cupertino 00520 - 5 Contract
Varian & Monta Vista Parks – Courts Resurfacing
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise included in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims
Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
226
Project No. 2017-13.02
City of Cupertino 00520 - 6 Contract
Varian & Monta Vista Parks – Courts Resurfacing
IN WITNESS WHEREOF the parties have executed this Contract in duplicate the day and year first above written.
VARIAN & MONTA VISTA PARKS – COURTS RESURFACING
CITY:CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
[_Contractor’s name_]
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Grace Schmidt
Approved as to form by City Attorney: Title:
______________________________________________
[If Corporation: Chairman , President, or Vice President]
City Attorney: Randolph Stevenson Hom By:
I hereby certify, under penalty of perjury, that David Brandt,
City Manager of the City of Cupertino was duly authorized
to execute this document on behalf of the City of Cupertino.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
David Brandt, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
________________________________________________
State Contractor’s License No. Classification
________________________________________________
Expiration Date
Designated Representative: Taxpayer ID No._________________________________
Name: Timm Borden Name:
Title: Director of Public Works Title:
Address: 10300 Torre Ave., Cupertino, CA 95014 Address:
Phone: 408-777-3354 Phone:
Facsimile: 408-777-3333 Facsimile:
AMOUNT: $
ACCOUNT NUMBER:420-99-015-900-905-PVAR 003-
03-01
FILE NO.: 2017-13.02
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT
227
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2621 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:5/8/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Regnart Road Slope Stabilization Project, Project No. 2017-13
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Resolution 17-028
C - Draft Contract
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Regnart Road Slope Stabilization Project, Project No. 2017-13
Staff recommends that the Council adopt Resolution No 17-065 to: 1. Authorize the City
Manager to award and execute a contract with Granite Rock Company, in the amount of
$357,418 and approve a construction contingency of $71,500, for a total of $428,918; and 2.
Approve a budget adjustment in the amount of $270,282 to the Transportation Fund 270-82-
821 900-990
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
powered by Legistar™228
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
Subject
Regnart Road Slope Stabilization Project, Project No. 2017-13
Recommended Action
Staff recommends that the Council Adopt Resolution 17- XXX to:
1. Authorize the City Manager to award and execute a contract with Granite Rock
Company, in the amount of $357,418 and approve a construction contingency of
$71,500, for a total of $428,918; and
2. Approve a budget adjustment in the amount of $270,282 to the Transportation
Fund 270-85-821 900-990
Discussion
Sustained rain was received in Santa Clara County on February 13th through 22nd, 2017.
On February 20th, a portion of Regnart Road was damaged when the road base washed
away causing a section of the road to be undermined. Shortly after the rain event, both
the State and the Federal government issued disaster declarations.
As the undermined roadway was considered dangerous and loss of essential public
services to the residents of the Regnart Canyon area residents was possible, an item to
expedite the work was considered by the Council at the meeting of March 7th, 2017.
Council actions included a declaration that the repairs necessary to restore Regnart
Road were emergency work, that the City Manager was authorized to negotiate and
execute a contract to perform repairs in an amount not to exceed $350,000 and that the
City Manager was authorized to apply for Federal and State disaster assistance.
Concurrent with the Council authorization of March 7th, staff began working with
geotechnical engineers to determine existing conditions and with FEMA to assure
eligibility for disaster reimbursement funds. The engineers determined that no
immediate threat of further road damage was likely. Due to this, staff was able to follow
the standard public works bidding process to qualify a contractor to complete the
construction work. This was desired due to the competitive bidding process as well as
the greater likelihood that competitively bid work would be reimbursed by FEMA.
On June 27th, 2017, the City received three bids for the Regnart Road Slope Stabilization
Project. The following is a summary of bids deemed complete:
229
Bidder Bid Amount
Engineers Estimate $292,000
Granite Rock Company $357,418
Innovative Construction Solutions $516,473
Granite Construction Company $524,780
The lowest responsive bid for this project is 22% above the engineers estimate. An
increase in site preparation and traffic control costs, as well as environmental
permitting and observations were factors in the bids coming in above the estimate.
With the scope and quantity of work fixed for this project, and with the need to
complete the work prior to the rainy season, there is no advantage in rejecting and
rebidding this work. Additionally, each week of favorable weather is critical to meet the
overall construction schedule. This project will start as early as July 15th, 2017, and is
scheduled for completion prior to the upcoming wet season.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Award of the project will result in a fiscal impact of up to $428,918. Engineering design,
environmental compliance and construction support is expected to add up to $191,364
for a total of $620,282. The Transportation Fund 270-85-821-900-990 currently has
$350,000 budgeted. An additional $270,282 is recommended to complete the work.
The City has applied for disaster reimbursement. Reimbursement from FEMA could be
as much as 75% of the total project cost, with the State reimbursing up to 18.75%. The
City’s minimum responsibility would be 6.25% of the total project cost.
_____________________________________
Prepared by: Roger Lee, Assistant Director of Public Works
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
B - Resolution 17-028 (March 7, 2017)
C – Draft Contract
230
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.17-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING AN AMENDMENT TO THE ANNUAL OPERATING BUDGET TO
APPROPRIATE AN ADDITIONAL $270,282 FOR REGNART ROAD REPAIR
WHEREAS, at a March 7, 2017 regular meeting of the City Council of the City of
Cupertino the City Council passed and adopted Resolution No. 17-028 that approved and
authorized:
1. The City Manager to negotiate and execute a contract for the repair of
Regnart Road in an amount not to exceed $350,000.00, without public
bidding;
2. The Fiscal Year 2016/2017 Annual Operating Budget be amended to include
an increase of $350,000.00 to the Transportation Fund; and
3. The City Manager to apply for State and Federal disaster assistance; and
WHEREAS, Regnart Road suffered significant storm damage, as the road base
was washed away, compromising the structural integrity of the roadway, and inhibiting
its safe use on February 20, 2017; and
WHEREAS, it was initially unknown if Regnart Road posed a clear and imminent
danger requiring immediate attention to mitigate the further loss of public facilitites as
well as to ensure those residents served by Regnart Road have access to essential public
services;
WHEREAS, upon further investigation it was determined that work needed to
return Regnart Road to pre-storm condition could wait without emergency action
allowing for the public bidding process; and
WHEREAS, the sum of engineering design, environmental compliance review and
competitive construction bids have exceeded the intitial allocation of $350,000 and
additional funding is recommended so that the work can be timely completed prior to
the next wet season; and
WHEREAS, the County of Santa Clara, State of California and the President of the
United States have issued a Declaration of Disaster for the period between February 13,
2017 to February 22, 2017, more specfically designated the “President’s Day Storm
Event”, for purposes of obtaining State and Federal disaster assistance; and
231
Draft Resolution No. 17-XXX
WHEREAS, City staff is closely coordinating with County, State and Federal
officials to be eligible for all available disaster reimbursement dollars.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Section 1. Recitals: The City Council does hereby find, determine, and resolve that
the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
1. Authorize the City Manager to award and execute a contract with Granite
Rock Company, Inc., in the amount of $357,418 and approve a construction
contingency of $71,500, for a total of $428,918.
2. The Fiscal Year 2016/2017 Annual Operating Budget is amended to include an
increase of $270,282 to the Transportation Fund.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of July 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Grace Schmidt Savita Vaidhyanathan, Mayor
City Clerk City of Cupertino
232
RESOLUTION N0.17-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING REP AIRS TO REGN ART ROAD AN EMERGENCY; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRA~T FOR THE
REP AIR OF REGN ART ROAD AND TO APPLY FOR FEDERAL AND STATE
DISASTER ASSISTANCE AND AUTHORIZING AN AMENDMENT TO THE
V
ANNUAL OPERATING BUDGET TO APPRORIATE $350,000.00 FOR REGNART
ROAD REPAIR
WHEREAS, from January 3, 2017 to January 12, 2017, and again from February
13, 2017 to February 22, 2017, the State of California, the County of Santa Clara, and the
City of Cupertino experienced a period of sustained, significant rains. On February 14,
2017, the Federal Government approved the State of California's Major Disaster
Declaration for the severe winter storms, flooding, and mudslides from January 3, 2017,
to January 12, 2017; and
WHEREAS, since the Federal Disaster Declaration, the State, County, and the
City of Cupertino continued to experience significant rain, resulting in damage; and
WHEREAS, the County of Santa Clara and State of California are further
contemplating a Declaration of Disaster for the period between February 13, 2017 to
February 22, 2017, more specfically designated the "President's Day Storm Event", for
purposes of obtaining State and Federal disaster assistance; and
WHEREAS, during the Declared Disaster storm events, as well during the
President's Day Storm Event, the City of Cupertino experienced mudslides, roadway
damages, and other storm-related damages; and
WHEREAS, Regnart Road suffered significant storm damage, as the road base
was washed away, compromising the structural integrity of the roadway, and
inhibiting its safe use;
WHEREAS, Regnart Road poses a clear and imminent danger reqmnng
immediate attention to mitigate the further loss of public facilitites as well as to ensure
those residents served by Regnart Road have access to essential public services;
WHEREAS, a public bidding process will delay the repair of Regnart Road,
increase the likelihood of further damage to the roadway, and potentially remove access
for those served by the roadway; and
233
Resolution No. 17-028
Page2
WHEREAS, this action is statutorily exempt from the California Environmental
Quality Act (CEQA) under California Code of Regulation, Title 14, Regulation 15269(b);
and the City Council is the decision maker and approves this exemption.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
Section 1. Recitals: The City Council does hereby find, determine, and resolve that
the foregoing recitals are true and correct.
Section 2. Approval and Authorization. The City Council does further resolve that:
1. The City Manager is .authorized to negotiate and execute a contract for the
repair of Regnart Road in an amount not to exceed $350,000.00, without
public bidding;
2. The Fiscal Year 2016/2017 Annual Operating Budget is amended to include an
increase of $350,000.00 to the Transportation Fund; and
3. The City Manager is hereby authorized to apply for State and Federal disaster
assistance.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of March 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST :
Members of the City Council
Vaidhyanathan, Paul, Chang, Scharf, Sinks
None
None
None
APPROVED:
(} ,; (/~
~---,¥'~---
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
234
Project No. 2017-23
City of Cupertino 00520 - 1 Contract
REGNART ROAD SLOPE STABILIZATION PROJECT
DOCUMENT 00520
CONTRACT
THIS CONTRACT, dated this day of , 20 ___ , by and between ________________________
[Name of Contractor] whose place of business is located at
__________________________________________________________, ____________________ [Address of
Contractor] (“Contractor”), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California
(“City”) acting under and by virtue of the authority vested in the City by the laws of the State of California.
WHEREAS, City, on the _____ day of _______________, 20___ awarded to Contractor the following Project:
PROJECT NUMBER 2017-23
REGNART ROAD SLOPE STABILIZATION PROJECT
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree
as follows:
Article 1. Work
1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications,
Drawings, and all other terms and conditions of the Contract Documents.
Article 2. Agency and Notices to City
2.1 City has designated Chad Mosley to act as City’s Authorized Representative(s), who will represent City in
performing City’s duties and responsibilities and exercising City’s rights and authorities in Contract Documents.
City may change the individual(s) acting as City’s Authorized Representative(s), or delegate one or more specific
functions to one or more specific City’s Representatives, including without limitation engineering, architectural,
inspection and general administrative functions, at any time with notice and without liability to Contractor. Each
City’s Representative is the beneficiary of all Contractor obligations to City, including without limitation, all
releases and indemnities.
2.2 City has designated Cotton, Shires & Associates, Inc. as the Engineering Consultant. City may change the
identity of the Engineering Consultant at any time with notice and without liability to Contractor.
2.3 City has designated CSG Consultants, Inc. to act as Construction Managers. City may change the identity of the
Construction Manager at any time with notice and without liability to Contractor.
2.4 All notices or demands to City under the Contract Documents shall be to City’s Authorized Representative at:
10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall
provide to Contractor.
Article 3. Contract Time and Liquidated Damages
3.1 Contract Time.
The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a
Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at
the Site prior to the date on which the Contract Time commences to run.
Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance
with Section 00700 (General Conditions) by October 1, 2017. DRAFT235
Project No. 2017-23
City of Cupertino 00520 - 2 Contract
REGNART ROAD SLOPE STABILIZATION PROJECT
3.2 Liquidated Damages.
City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss
in the form of contract administration expenses (such as project management and consultant expenses), if all or
any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in
accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor
and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the
amount of actual damages incurred by City because of a delay in completion of all or any part of the Work.
Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City:
3.2.1 $2,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve
Final Completion of the entire Work as specified above.
3.2.2 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND
HOURS.
3.2.3 Three Months Salary for each Key Personnel named in Contractor’s SOQ pursuant to Article 2.G of
Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or
Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor
can demonstrate to City’s satisfaction is beyond Contractor’s control.
Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the
damages suffered by City resulting from delay in completion of the Work.
Contractor should be aware that California Department of Fish and Wildlife, and other State and Federal
agencies, may also levy fines and penalties for the harming, harassing or killing of protected wildlife and
endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered
species protection requirements.
3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of
public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of
completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities,
or damages suffered by others who then seek to recover their damages from City (for example, delay claims of
other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof.
Article 4. Contract Sum
4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as
set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached
Article 5. Contractor’s Representations
In order to induce City to enter into this Contract, Contractor makes the following representations and warranties:
5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the
Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and
federal, state and local laws and regulations that in any manner may affect cost, progress, performance or
furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of
construction to be employed by Contractor and safety precautions and programs incident thereto.
5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface
conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of
physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical
Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor
accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the
limited extent of the information contained in such materials upon which Contractor may be entitled to rely. DRAFT236
Project No. 2017-23
City of Cupertino 00520 - 3 Contract
REGNART ROAD SLOPE STABILIZATION PROJECT
Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any
other information contained in such reports and drawings.
5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations,
tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document
00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other
physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or
furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract
Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract
Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional
examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be
required by Contractor for such purposes.
5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has
discovered in or among the Contract Documents and as-built drawings and actual conditions and the written
resolution thereof through Addenda issued by City is acceptable to Contractor.
5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to
conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract
Documents and the Work to be performed herein. The Contract Documents do not violate or create a default
under any instrument, contract, order or decree binding on Contractor.
5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq. in document 00340 (Subcontractors List)
Article 6. Contract Documents
6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications
thereto:
Document 00400 Bid Form
Document 00430 Subcontractors List
Document 00450 Statement of Qualifications
Document 00481 Non-Collusion Affidavit
Document 00482 Bidder Certifications
Document 00510 Notice of Award
Document 00520 Contract
Document 00530 Insurance Forms
Document 00550 Notice to Proceed
Document 00610 Construction Performance Bond
Document 00620 Construction Labor and Material Payment Bond
Document 00630 Guaranty
Document 00650 Agreement and Release of Any and All Claims
Document 00660 Substitution Request Form
Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention
Document 00700 General Conditions
Document 00800 Special Conditions
Document 00821 Insurance
Technical Specification/Special Provisions
Addenda(s)
Drawings/Plans
DRAFT237
Project No. 2017-23
City of Cupertino 00520 - 4 Contract
REGNART ROAD SLOPE STABILIZATION PROJECT
6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320
(Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied
therein, are not Contract Documents. The Contract Documents may only be amended, modified or
supplemented as provided in Document 00700 (General Conditions).
Article 7. Miscellaneous
7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning
indicated therein.
7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or
acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract
Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that
liability of the City is limited and confined to such liability as authorized or imposed by the Contract
Documents or applicable law.
7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the
Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting
Code §4100 et seq.
7.4 The Contract Sum includes all allowances (if any).
7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a
public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights,
title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services or materials pursuant to the public works
contract or the subcontract. This assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgment by the parties.
7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed
to execute the Contract, as determined by Director of the State of California Department of Industrial Relations,
are deemed included in the Contract Documents and on file at City’s office, or may be obtained of the State of
California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any
interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware
of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and
Contractor shall comply with such provisions before commencing the performance of the Work of the Contract
Documents.
7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required
herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts,
terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or
affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be
waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid
and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable
law. In the event any provision not otherwise included in the Contract Documents is required to be included by
any applicable law, that provision is deemed included herein by this reference(or, if such provision is required
to be included in any particular portion of the Contract Documents, that provision is deemed included in that
portion).
7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa
Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The
exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby
waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action
or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims DRAFT238
Project No. 2017-23
City of Cupertino 00520 - 5 Contract
REGNART ROAD SLOPE STABILIZATION PROJECT
Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division
3.6, Part 3, Chapter 5.
DRAFT239
Project No. 2017-23
City of Cupertino 00520 - 6 Contract
REGNART ROAD SLOPE STABILIZATION PROJECT
IN WITNESS WHEREOF the parties have executed this Contract in duplicate the day and year first above written.
REGNART ROAD SLOPE STABILIZATION PROJECT
CITY: CONTRACTOR:
CITY OF CUPERTINO, a Municipal Corporation of the
State of California
[_Contractor’s name_]
By:
[Signature]
Attest:
[Please print name here]
City Clerk: Grace Schmidt
Approved as to form by City Attorney: Title:
______________________________________________
[If Corporation: Chairman , President, or Vice President]
City Attorney: Randolph Stevenson Hom By:
I hereby certify, under penalty of perjury, that David Brandt,
City Manager of the City of Cupertino was duly authorized
to execute this document on behalf of the City of Cupertino.
[Signature]
[Please print name here]
Title:
[If Corporation: Secretary, Assistant Secretary,
Chief Financial Officer, or Assistant Treasurer]
Dated:
_____________________________
David Brandt, City Manager of the City of Cupertino, a
Municipal Corporation of the State of California
________________________________________________
State Contractor’s License No. Classification
________________________________________________
Expiration Date
Designated Representative: Taxpayer ID No._________________________________
Name: Timm Borden Name:
Title: Director of Public Works Title:
Address: 10300 Torre Ave., Cupertino, CA 95014 Address:
Phone: 408-777-3354 Phone:
Facsimile: 408-777-3333 Facsimile:
AMOUNT: $
ACCOUNT NUMBER:
FILE NO.: 2017-23
NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A
CORPORATION, CORPORATE SEAL AND CORPORATE
NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE
REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY
NO. IS REQUIRED
END OF DOCUMENT DRAFT240
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2663 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:5/25/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Second reading of an ordinance amending Title 16 Chapter 16.72 Sections 16.72.010,
16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060, and 16.72.070 of the Cupertino Municipal
Code Regarding Recycling and Diversion Requirements for Construction and Demolition Waste
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Ordinance 17-2164
B - Redline Ordinance 17-2164
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Second reading of an ordinance amending Title 16 Chapter 16.72 Sections 16.72.010,
16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060, and 16.72.070 of the Cupertino
Municipal Code Regarding Recycling and Diversion Requirements for Construction and
Demolition Waste
Conduct the second reading and enact Ordinance No. 17-2164: "An Ordinance of the City
Council of the City of Cupertino Amending Title 16 Chapter 16.72 Sections 16.72.010,
16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060, and 16.72.070 of the Cupertino
Municipal Code Regarding Recycling and Diversion Requirements for Construction and
Demolition Waste" to be consistent with the California Green Building Standards Code
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
powered by Legistar™241
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
Subject
Second Reading of an ordinance amending Title 16 Chapter 16.72 Sections 16.72.010,
16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060, and 16.72.070 of the Cupertino
Municipal Code Regarding Recycling and Diversion Requirements for Construction and
Demolition Waste
Recommended Action
Conduct the second reading and enact Ordinance No. 17-2164: “An Ordinance of the
City Council of the City of Cupertino Amending Title 16 Chapter 16.72 Sections 16.72.010,
16.72.020, 16.72.030, 16.72.040, 16.72.050, 16.72.060, and 16.72.070 of the Cupertino
Municipal Code Regarding Recycling and Diversion Requirements for Construction and
Demolition Waste” to be consistent with the California Green Building Standards Code
Discussion
On June 20, 2017, City Council conducted the first reading of the amendment to the
Chapter 16.72 of the Municipal Code updating the definition of “covered projects”, which
previously included projects of ≥ 3,000 square feet of construction or demolition, to
include all such projects within the City’s jurisdiction; and to increase the minimum
diversion requirement from 60% to 65%, to be consistent with the California Green
Building Standards Code and Chapter 16.58 of the Cupertino Municipal Code regarding
California Green Building Standards Code Adopted. The increased diversion
requirement will not likely impact developers applying for a building permit in
Cupertino. In 2016, Cupertino achieved a 70% C&D materials diversion rate community-
wide, thereby exceeding the City’s 2016 goal of 60% diversion and the proposed 2017 goal
of 65%.
Sustainability Impact
According to the California Department of Resources Recycling and Recovery’s
(CalRecycle’s) 2008 Statewide Waste Characterization Study, C&D materials account for
almost 29% of the waste stream in California. Many of these materials are suitable for
reuse or recycling. Measure C-SW-3 of the City’s Climate Action Plan (CAP) outlines a
242
Construction & Demolition Waste Diversion strategy to conserve natural resources and
divert material from landfills. The amendments to Chapter 16.72 support the City’s CAP
and General Plan Environmental/Sustainability goals by increasing the minimum C&D
waste diversion requirement from 60% to 65%.
Fiscal Impact
There will be no immediate fiscal impact. Environmental staff will review building and
demolition permit applicant’s waste management plans and recycling documents to
verify compliance with the State’s Green Building Standards Code, and Chapters 16.58
and 16.72 of the Municipal Code. The resources that will be required for the increased
oversight of compliance is unknown at this time. If a need is indicated, the City may
consider subscribing to a cloud-based waste diversion tracking system that would allow
and require contractors and haulers to upload their recycling documentation directly. At
such time, Environmental staff will also work with the City’s Innovation and Technology
Department to explore an alternative suitable solution which could be developed and
maintained in-house, rather than contract with an outside provider.
_____________________________________
Prepared by: Cheri Donnelly, Environmental Programs Manager
Reviewed by: Roger Lee, Assistant Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Ordinance 17-2164
B – Redline Ordinance 17-2164
243
ATTACHMENT A
ORDINANCE NO. 17-2164
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 16.72: RECYCLING AND DIVERSION OF
CONSTRUCTION AND DEMOLITION WASTE
WHEREAS, this Ordinance is determined to be not a project under the requirements of the
California Quality Act of 1970, together with related State CEQA Guidelines (collectively,
“CEQA”) in that proposed Ordinance is not a project within the meaning of section 15378 of the
California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for
resulting in physical change in the environment, either directly or ultimately. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have
no possibility of a significant effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a
project determination and exemption, and, using its independent judgment, determines the
Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
16.72.010 Findings of the City Council.
A. Under California law as embodied in the California Waste Management Act of
1989 (California Public Resources Code Sections 40000 et seq.), the City is required to
prepare, adopt and implement source reduction and recycling plans to reach landfill
diversion goals, and is required to make substantial reductions in the volume of waste
materials going to the landfills;
B. In order to meet these goals it is necessary that the City promote the reduction
of solid waste, and reduce the stream of solid waste going to landfills; and
C. Waste from construction, demolition, and renovation of buildings represents a
significant portion of the volume of waste presently coming from the City and much of
this waste is particularly suitable for recycling and reuse;
D. The City's commitment to the reduction of waste requires the establishment of
programs for recycling and salvaging of construction and demolition (C&D) waste.
16.72.020 Definitions.
244
For the purposes of this chapter, the following words and phrases shall have the
meanings ascribed to them by this section, unless the context or the provision clearly
requires otherwise.
1. “Applicant" means any individual, firm, limited liability company,
association, partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever who applies to
the City for the applicable permits to undertake construction, demolition, or renovation
project within the City.
2. “California Green Building Standards Code” means the latest California
Green Building Standards Code as adopted per Cupertino Municipal Code Section
16.58.010 with all local amendments as set forth in Chapter 16.58.
3. Construction" means the building of any facility or structure or any
portion thereof including tenant improvements to an existing facility or structure.
4. Construction" and "demolition debris" or "C&D debris" means materials
resulting from the construction, remodeling, or demolition of buildings of other
structures. "Construction and demolition debris" includes, but is not limited to, asphalt,
rock and dirt related to construction, remodeling, repair, or demolition operations on
any pavement, house, commercial building, or other structure.
5. Covered project" means project meeting the specifications of § 16.72.030 of
this section.
6. "Demolition" means the decimating, razing, ruining, tearing down or
wrecking of any facility, structure, pavement or building, whether in whole or in part,
whether interior or exterior.
7. Director of Public Works" shall be the Director of Public Works and his or
her duly authorized agents and representatives.
8. ”Divert" means to reuse material so it is not disposed of in a landfill or
incinerated.
9. "Diversion requirement" means the diversion of a percentage, as
determined from time to time by the Director of Public Works or the amounts, criteria
and requirements specified in the applicable California Green Building Standards Code,
whichever is more restrictive, of the total construction and demolition debris generated
by a project via reuse or recycling.
10. "Project" means any activity, which requires an application for a building
or demolition permit, or any similar permit from the City.
11. "Recycling" means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste, and returning
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to be used in the
marketplace.
245
12. "Renovation" means any change, addition, or modification in an existing
structure.
13. "Reuse" means further or repeated use of construction or demolition
debris.
14. "Salvage" means the controlled removal of construction or demolition
debris from a permitted building or demolition site for the purpose of recycling, reuse,
or storage for later recycling or reuse.
15. "Waste Management plan" means, collectively, a plan and all related
reporting documentation prepared in a format approved by the Director of Public
Works, that fulfills the recycling reporting requirements specified in the applicable
California Green Building Standards Code. Copies of supporting documentation shall
be required and included as a part of the final construction and demolition debris
recycling reporting.
16.72.030 Covered Projects.
A. All construction, demolition and renovation projects within the City that are
subject to the criteria and requirements specified in the applicable California Green
Building Standards Code shall comply with this section.
B. Compliance with this chapter shall be listed as a condition of approval on
any building or demolition permit, or any similar permit issued for a covered project.
16.72.040 Diversion Requirement.
A. Applicants for any covered project are required to recycle or divert at least
sixty-five percent (65%), or meet the amounts, criteria and requirements specified in the
applicable California Green Building Standards Code, whichever is more restrictive, of
all materials generated for discard by the project.
B. If an Applicant for a Covered Project experiences circumstances that the
Applicant believes make it impossible to comply with the Diversion Requirement, the
Applicant shall submit written justification with the Waste Management Plan. The
Director of Public Works will determine, in writing, whether any diversion
requirements shall be waived in whole or in part on grounds of impracticability or
impossibility.
16.72.050 Information Required Before Issuance of Permit.
Every applicant shall submit a properly completed "Waste Management Plan" on
a form approved by the Public Works Director, as a portion of the building or
demolition permit application process for a covered project.
A. The vendor that the applicant proposes to use to haul the materials must be
consistent with the franchise currently in effect pursuant to the provisions of Chapter
6.24;
246
B. Approval by the Director of Public Works, or designee, of the Waste
Management Plan as complying with the applicable California Green Building
Standards Code shall be a condition precedent to the issuance of any building or
demolition permit for a covered project.
16.72.060 Administrative Fee.
As a condition precedent to the issuance of any building or demolition permit for
a covered project, the applicant shall pay to the City any required deposit and any
required application fee as set forth in the municipal fee schedule.
16.72.070 Reporting.
Within 60 days after the completion of any covered project, the applicant shall
submit to the Public Works Director or designee a construction and demolition debris
recycling report, demonstrating that the applicant has met the diversion requirement
for the project. Failure to comply with the reporting requirement may delay approval
of the final inspection or the recovery of any bond or deposit held by the City.
INTRODUCED at a regular meeting of the Cupertino City Council the 20th day
of June, 2017 and ENACTED at a regular meeting of the Cupertino City Council on this
5th day of July, 2017 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________ __________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
City of Cupertino
247
ATTACHMENT B
City of Cupertino Municipal Code
CHAPTER 16.72: RECYCLING AND DIVERSION OF
CONSTRUCTION AND DEMOLITION WASTE
16.72.010 Findings of the City Council.
A. Under California law as embodied in the California Waste Management Act of
1989 (California Public Resources Code Sections 40000 et seq.), the cCity is required to
prepare, adopt and implement source reduction and recycling plans to reach landfill
diversion goals, and is required to make substantial reductions in the volume of waste
materials going to the landfills;
B. In order to meet these goals it is necessary that the cCity promote the reduction
of solid waste, and reduce the stream of solid waste going to landfills; and
C. Waste from construction, demolition, and renovation of buildings represents a
significant portion of the volume of waste presently coming from the cCity and much of
this waste is particularly suitable for recycling and reuse;
D. The cCity's commitment to the reduction of waste requires the establishment of
programs for recycling and salvaging of construction and demolition (C&D) waste.
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings ascribed to them by this section, unless the context or the provision clearly
requires otherwise.
1. “Applicant" means any individual, firm, limited liability company,
association, partnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity whatsoever who applies to
the City for the applicable permits to undertake construction, demolition, or renovation
project within the City.
248
[Type here] [Type here] [Type here]
2. “California Green Building Standards Code” means the latest California
Green Building Standards Code as adopted per Cupertino Municipal Code Section
16.58.010 with all local amendments as set forth in Chapter 16.58.
23. "Construction" means the building of any facility or structure or any
portion thereof including tenant improvements to an existing facility or structure.
34. "Construction" and "demolition debris" or "C&D debris" means materials
resulting from the construction, remodeling, or demolition of buildings of other
structures. "Construction and demolition debris" includes, but is not limited to, asphalt,
rock and dirt related to construction, remodeling, repair, or demolition operations on
any pavement, house, commercial building, or other structure.
45. "Covered project" means project meeting the specifications of § 16.72.030 of
this section.
56. "Demolition" means the decimating, razing, ruining, tearing down or
wrecking of any facility, structure, pavement or building, whether in whole or in part,
whether interior or exterior.
67. "Director of Public Works" shall be the Director of Public Works and his or
her duly authorized agents and representatives.
78. "Divert" means to reuse material so it is not disposed of in a landfill or
incinerated.
89. "Diversion requirement" means the diversion of a percentage, as determined
from time to time by the Director of Public Works or the amounts, criteria and
requirements specified in the applicable California Green Building Standards Code,
whichever is more restrictive, of the total construction and demolition debris generated
by a project via reuse or recycling.
910. "Project" means any activity, which requires an application for a building or
demolition permit, or any similar permit from the cCity.
1011. "Recycling" means the process of collecting, sorting, cleansing, treating,
and reconstituting materials that would otherwise become solid waste, and returning
them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products which meet the quality standards necessary to be used in the
marketplace.
249
[Type here] [Type here] [Type here]
1112. "Renovation" means any change, addition, or modification in an existing
structure.
1213. "Reuse" means further or repeated use of construction or demolition
debris.
1314. "Salvage" means the controlled removal of construction or demolition
debris from a permitted building or demolition site for the purpose of recycling, reuse,
or storage for later recycling or reuse.
1415. "Waste Management plan" means, collectively, a plan and all related
reporting documentation, prepared in a format approved by the Director of Public
Works, that fulfills the recycling reporting requirements specified in the applicable
California Green Building Standards Code. identifies the amounts of all construction
and demolition debris generated by the project, the amounts recycled or diverted, and
the intended City-approved salvage, reuse, and recycling facilities. Copies of
supporting documentation shall be required and included as a part of the final
construction and demolition debris recycling reporting.
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.030 Covered Projects.
A. All construction, demolition and renovation projects within the cCity that are
subject to the criteria and requirements specified in the applicable California Green
Building Standards Code, which involve the construction, demolition or renovation of
3,000 square feet or more, shall comply with this section. For the purposes of
determining whether a project meets the foregoing thresholds, all phases of a project
and all related projects taking place on single or adjoining parcels, as determined by the
Director of Public Works, shall be deemed a single project.
B. Compliance with this chapter shall be listed as a condition of approval on any
building or demolition permit, or any similar permit issued for a covered project.
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.040 Diversion Requirement.
A. Applicants for any covered project are required to recycle or divert at least
sixty-five percent (650%), or meet the amounts, criteria and requirements specified in
the applicable California Green Building Standards Code, whichever is more restrictive,
250
[Type here] [Type here] [Type here]
of all materials generated for discard by the project. C&D tonnage from demolition
projects to an approved facility or by salvage.
B. If an Applicant for a Covered Project experiences circumstances that the
Applicant believes make it impossible to comply with the Diversion Requirement, the
Applicant shall submit written justification with the Waste Management Plan. The
Director of Public Works will determine, in writing, whether any diversion
requirements shall be waived in whole or in part on grounds of impracticability or
impossibility.
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.050 Information Required Before Issuance of Permit.
Every applicant shall submit a properly completed "Waste Management Plan" on a
form prescribed approved by the Public Works Director city, as a portion of the
building or demolition permit application process for a covered project. The Waste
Management Plan shall indicate the following:
A. The estimated volume or weight of project construction and demolition debris,
by material type, to be generated;
B. The maximum volume or weight of such materials that can feasibly be diverted
via reuse or recycling;
AC. The vendor that the applicant proposes to use to haul the materials must be
consistent with the franchise currently in effect pursuant to the provisions of Chapter
6.24;
D. The facility to which the materials will be hauled will be one approved by the
city;
BE. The estimated volume or weight of construction and demolition debris that
will be land-filled. In estimating the volume or weight of materials identified in the
waste management plan, the applicant shall use the standardized conversion rates
approved by the City for this purpose. Approval of alternative facilities or special
salvage or reuse options may be requested of the Director of Public Works. Approval by
the Director of Public Works, or designee, of the Waste Management Plan as complying
with this chapterthe applicable California Green Building Standards Code shall be a
condition precedent to the issuance of any building or demolition permit for a covered
project.
251
[Type here] [Type here] [Type here]
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.060 Administrative Fee.
As a condition precedent to the issuance of any building or demolition permit for a
covered project, the applicant shall pay to the City any required deposit and any
required application fee as set forth in the municipal fee schedule.
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.070 Reporting.
Within 60 days after the completion of any covered project, the applicant shall
submit to the Public Works Director or designeeDepartment a final completed Waste
Management Plan including reporting documentation a construction and demolition
debris recycling report, demonstrating that the applicant has met the diversion
requirement for the project. Documentation shall consist of a final completed report in a
format prescribed by the City and shall comply with the requirements of this chapter.
Copies of all facility weight tickets and/or disposal receipts must be submitted with the
report. Failure to comply with the reporting requirement may delay approval of the
final inspection or the recovery of any bond or deposit held by the City.
(Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
252
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2470 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:3/27/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Municipal Code Amendments to regulate the placement of storage containers and temporary
fencing (Chapter 9.22 - Property Maintenance), size of signage notice boards for development
(Chapter 19.12 - Administration), size of Accessory Dwelling Units (Chapter 19.112 - Accessory
Dwelling Units in R-1, RHS, A and A-1 Zones), and including amendments to various other chapters
of Title 19 - Zoning of the Municipal Code, including but not limited to, Chapter 19.08 (Definitions),
Chapter 19.28 (Single-Family Residential (R-1) Zones), Chapter 19.40 (Residential Hillside (RHS)
Zones), Chapter 19.60 (General Commercial (CG) Zones), and 19.116 (Conversions of Apartment
Projects to Common Interest Developments) for compliance with State Law, readability, clarifications,
and internal consistency. Application No(s): MCA-2017-03, Applicant(s): City of Cupertino, Location:
Citywide
Sponsors:
Indexes:
Code sections:
Attachments:Staff report
A - Draft Ordinance
B - Redline indicating revisions and PC recommendations
C - Planning Commission Resolution #6832
D - Policies of Surrounding Cities reagrding storage containers 2
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Municipal Code Amendments to regulate the placement of storage containers and
temporary fencing (Chapter 9.22 - Property Maintenance), size of signage notice boards for
development (Chapter 19.12 - Administration), size of Accessory Dwelling Units (Chapter
19.112 - Accessory Dwelling Units in R-1, RHS, A and A-1 Zones), and including amendments
to various other chapters of Title 19 - Zoning of the Municipal Code, including but not limited
to, Chapter 19.08 (Definitions), Chapter 19.28 (Single-Family Residential (R-1) Zones),
Chapter 19.40 (Residential Hillside (RHS) Zones), Chapter 19.60 (General Commercial (CG)
Zones), and 19.116 (Conversions of Apartment Projects to Common Interest Developments) for
compliance with State Law, readability, clarifications, and internal consistency. Application No
(s): MCA-2017-03, Applicant(s): City of Cupertino, Location: Citywide
That the City Council: 1. Find that the proposed actions are exempt from CEQA; and 2.
Conduct the first reading of Ordinance No. 17-2165: “An Ordinance of the City Council of the
City of Cupertino amending Chapter 9.22, Property Maintenance, Chapter 19.12,
Administration, Chapter 19.112, Accessory Dwelling Units In R-1, RHS, A and A-1 Zones, and
Minor Amendments in Chapter 19.08, Definitions, Chapter 19.24, Agricultural (A) And
Agricultural-Residential (A-1) Zones, Chapter 19.28, Single-Family Residential (R-1) Zones,
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 2
powered by Legistar™253
File #:17-2470,Version:1
Agricultural-Residential (A-1) Zones, Chapter 19.28, Single-Family Residential (R-1) Zones,
Chapter 19.36, Multiple-Family Residential (R-3) Zones, Chapter 19.40, Residential Hillside
(RHS) Zones, Chapter 19.60, General Commercial (CG) Zones, Chapter 19.64, Permitted,
Conditional And Excluded Uses In Office And Industrial Zones And 19.116, Conversions Of
Apartment Projects To Common Interest Developments”
CITY OF CUPERTINO Printed on 6/28/2017Page 2 of 2
powered by Legistar™254
CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
SUBJECT
Municipal Code Amendments to regulate the placement of storage containers and
temporary fencing (Chapter 9.22 - Property Maintenance), size of signage notice boards
for development (Chapter 19.12 - Administration), size of Accessory Dwelling Units
(Chapter 19.112 - Accessory Dwelling Units in R-1, RHS, A and A-1 Zones), and
including amendments to various other chapters of Title 19 – Zoning of the Municipal
Code, including but not limited to, Chapter 19.08 (Definitions), Chapter 19.28 (Single-
Family Residential (R-1) Zones), Chapter 19.40 (Residential Hillside (RHS) Zones),
Chapter 19.60 (General Commercial (CG) Zones), and 19.116 (Conversions of
Apartment Projects to Common Interest Developments) for compliance with State Law,
readability, clarifications, and internal consistency. (Application No. MCA-2017-03;
Applicant: City of Cupertino; Location: City-wide)
RECOMMENDED ACTION
That the City Council:
1. Find that the proposed actions are exempt from CEQA; and
2. Conduct the first reading of the draft ordinance: “An ordinance of the City
Council of the City of Cupertino amending Chapter 9.22, Property Maintenance,
Chapter 19.12, Administration, Chapter 19.112, Accessory Dwelling Units In R-1,
RHS, A and A-1 Zones, and Minor Amendments in Chapter 19.08, Definitions,
Chapter 19.24, Agricultural (A) And Agricultural-Residential (A-1) Zones,
Chapter 19.28, Single-Family Residential (R-1) Zones, Chapter 19.36, Multiple-
Family Residential (R-3) Zones, Chapter 19.40, Residential Hillside (RHS) Zones,
Chapter 19.60, General Commercial (CG) Zones, Chapter 19.64, Permitted,
Conditional And Excluded Uses In Office And Industrial Zones And 19.116,
Conversions Of Apartment Projects To Common Interest Developments ”
(Attachment A).
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org
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MCA-2017-03 July 5, 2017
Page 2
DISCUSSION
Background
Periodically language in the Municipal Code is reviewed to ensure consistency with
State Law, internal consistency, clarifications, corrections, and to propose changes to
existing text to adequately address issues that arise in the community. At this time,
revisions have been identified to the following chapters in the General Provisions and
Zoning Titles:
1. Chapter 9.22 – Property Maintenance
2. Chapter 19.08 – Definitions; and
3. Chapter 19.112 – Accessory Dwelling Units in R-1, RHS, A, and A-1 Zones
In addition, minor corrections and edits have been made for consistency, readability or
clarifications to these and other chapters of Title 19. The amendments proposed have
been identified with strikethroughs and underlines (as appropriate) in Attachment B.
Note that language that has been moved is indicated in green text with double
underlines and/or strikethroughs.
Planning Commission Review
At its May 23, 2017 meeting the Planning Commission reviewed the proposed
amendments, evaluated public comments, and adopted Resolution No. 6832
recommending that the City Council adopt the Draft Ordinance with minor revisions
(see Attachment C).
The Planning Commission’s recommendations are discussed, where applicable, in italics
and changes are indicated in Attachment B in blue.
Analysis
Revisions
1. Chapter 9.22, Property Maintenance
The Cupertino Municipal Code Chapter 9.22, Property Maintenance, establishes the
minimum standards, in conjunction with other standards in the code, for the
maintenance for all building exteriors, premises and vacant land.
a. Storage Containers: The code currently does not specifically address the placement
of storage containers. These are regulated as accessory structures and allowed in
areas not visible from a right-of-way or sidewalk, such as side yards or backyards.
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MCA-2017-03 July 5, 2017
Page 3
Recently, the City has been receiving several complaints regarding storage
containers not being allowed for a variety of reasons, such as getting ready for a
move or construction or transfer of materials to a long term storage facility. In order
to address these needs, while ensuring that storage containers do not create an
unsightly nuisance in neighborhoods, staff is recommending a revision to the
ordinance. Staff reviewed the policies regulating the placement of storage containers
in surrounding cities in proposing the amendments (see Attachment D). The results
show a wide range of regulations from disallowing storage containers for any
purpose, to allowing them for short periods of time (up to 72 hours), or only
allowing them with ongoing active construction activity.
The proposed revision would allow the placement of storage containers in visible
yard areas on two (2) occurrences a year for up to fifteen (15) days at a time during
any calendar year to allow loading and unloading of items from the container. The
proposed revisions are intended to help address the short term needs of residents
while limiting the long term impacts on the neighborhood. Long term storage would
continue to be allowed if in compliance with the Accessory Structures ordinance.
In addition to the proposed revisions, the Planning Commission recommended incorporation
of language to allow residents to keep storage containers on-site, while permitted, active and
continuous construction is occurring on the property, if screened with temporary
construction fencing. This has been incorporated in the Draft Ordinance.
b. Temporary Fencing: Temporary Fencing is allowed only in conjunction with
ongoing construction as regulated by Chapter 19.48, Fences, of the Municipal Code.
The proposed revision clarifies that temporary fencing that is visible from a right-of-
way or sidewalk is only allowed for the duration of a construction project.
2. Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A, and A-1 Zones
Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones is intended to
promote the goal of affordable housing within the City through provision of additional
housing in certain zoning districts in a manner which minimizes adverse impacts of
accessory dwelling units (ADUs) on neighborhoods in compliance with State Law.
a. Minimum size of ADUs – State law requires that at a minimum ADUs must be the
size of an efficiency unit defined as a unit no less than 150 sq. ft. This clarification
has been added to Chapter 19.112.
b. Size of Attached ADUs – Clarifications have been made to ensure that the allowable
size of attached accessory dwelling units do not exceed the size of the principal
dwelling unit in conformance with the provisions of AB 2299 (Bloom) and
Government Code Section 65852.2.
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MCA-2017-03 July 5, 2017
Page 4
c. Maximum Size of ADUs – In late 2016, the ADU ordinance was amended to comply
with recent changes to State Law. At that time, it appeared that cities were required
to adopt an increase in the maximum size of ADUs, up to the maximum allowed
under state law. Both the Planning Commission and City Council had indicated
concerns about the increase in the sizes of ADUs proposed. Upon further review, it
appears based on advice from the CA Department of Housing and Community
Development (HCD) that the City may regulate the maximum size of ADUs to be
smaller than the maximum allowed under State Law.
The City’s Housing Element recognizes that ADUs serve a much needed gap in
available affordable housing opportunities within the City. The number of ADUs
developed contribute toward the affordable housing target of the City’s Regional
Housing Needs Allocation (RHNA) (the city’s portion of the regional housing needs
established by the state and allocated by the Association of Bay Area Governments
(ABAG)). On the other hand, new restrictions on the parking requirements cities can
impose with the development of ADUs for both the ADU and, in the event of garage
conversions, on the principal dwelling unit, could create adverse impacts on
neighborhoods.
The Planning Commission recommended a compromise between the previous sizes of ADUs
allowed and the current revised maximum square footage. The following table compares the
changes made to the ordinance in 2016 and the Planning Commission’s recommendation.
Previous size
(allowed prior
to Jan. 2017)
Current size
(allowed after
Jan. 2017)
Planning Commission
Recommendation
(May 23, 2017)
Lots < 10,000 s.f. 640 s.f. 800 s.f. 700 s.f.
Lots ≤ 10,000 s.f. 800 s.f. 1,200 s.f. 1,000 s.f.
The Planning Commission’s recommendation is currently reflected in the Draft Ordinance.
3. Chapter 19.12 – Administration
Chapter 19.12, Administration, establishes the procedures for the discretionary review
of development in the City in order to ensure compliance with City development
requirements and policies.
a. Site Notices – Chapter 19.12 establishes the noticing requirements for all
development projects. Currently, the code requires that all site notices be at least two
(2) feet by three (3) feet in size. In practice, Single Family Residential projects and
certain Tree Removal Permits in R1 and R2 zoning districts are required to be
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MCA-2017-03 July 5, 2017
Page 5
noticed with a two (2) feet by three (3) feet site sign while all other projects are
required to erect four (4) feet by six (6) feet site signs. For the purposes of
clarification, this ongoing practice related to requiring larger site notices is proposed
to be added in the language of the ordinance.
Clarification and Readability
To ensure that the Municipal Code is easy to understand and read, the following edits
have been proposed:
1. Move and consolidate some text in Chapter 9.22, Property Maintenance, into a table
for ease of use and readability;
2. Move text and eliminate redundant language in Chapter 19.12, Administration;
3. Move and consolidate existing text regarding the calculation of Floor Area Ratio
(FAR) for properties zoned RHS into one subsection in Chapter 19.40, Residential
Hillside (RHS). Currently, this calculation is scattered in varying subsections within
Table 19.40.060. No changes to the method of calculating the FAR or any other
development standards is proposed.
4. Existing text has been moved to either more appropriate sections or to eliminate
redundancy within Chapter 19.116, Conversions of Apartment Projects to Common
Interest Developments. In addition, minor edits have been made to clarify
processing requirements that do not change regulations.
Consistency:
Minor amendments have been made throughout Title 19 to ensure that the Municipal
Code is consistent with the requirements of state law or is internally consistent, to the
extent that terms are consistently used, and appropriate definitions referenced in the
various chapters as follows.
1. Amendment to the definition of “Living Space” (consistent with state law);
2. Consistent use of the term “structure” in reference to development standards;
3. Update references to General Plan figures due to change in figure numbers; and
4. Reference to existing definitions have been updated.
Public Noticing and Outreach
The following noticing has been conducted for this project:
Notice of Public Hearing, Site Notice
& Legal Ad
Agenda
Legal ad placed in newspaper
(at least 10 days prior to hearing)
Display ad placed in newspaper
Posted on the City's official notice
bulletin board (five days prior to hearing)
Posted on the City of Cupertino’s Web
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MCA-2017-03 July 5, 2017
Page 6
(at least 10 days prior to hearing) site (five days prior to hearing)
The comments from the public at the Planning Commission hearing are summarized
below:
Larger Accessory Dwelling Units sizes crowd a community that is suburban.
Larger sizes for ADUs encourage rentals of these units via sites such as Airbnb.
As of the posting of this Staff Report, no public comments have been received.
ENVIRONMENTAL REVIEW
The project is categorically exempt as there is no potential for this action to cause a
significant effect on the environment and/or any project would be exempt under
relevant provisions of CEQA guidelines, including, but not limited to Existing Facilities
(Sec. 15301), Replacement or Reconstruction (Sec. 15302), or Construction or Conversion
of Small Structures (Sec. 15303).
Sustainability Impact
The proposed ordinance has no sustainability impact.
Fiscal Impact
There are no fiscal impacts to the City’s General Fund.
Prepared by: Gian Paolo Martire, Associate Planner
Piu Ghosh, Principal Planner
Reviewed by: Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Draft Ordinance No. 17-XXXX
B. Redline document indicating changes in Chapters 9.22, 19.08, 19.12, 19.24, 19.28,
19.36, 19.40, 19.60, 19.64, 19.112, and 19.116.
C. Planning Commission Resolution No. 6832
D. Policies of surrounding cities regarding storage containers.
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EXHIBIT “A”
Draft Ordinance No. 17-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.22, PROPERTY MAINTENANCE, CHAPTER 19.12,
ADMINISTRATION, CHAPTER 19.112, ACCESSORY DWELLING UNITS IN R-
1, RHS, A AND A-1 ZONES, AND MINOR AMENDMENTS IN CHAPTER
19.08, DEFINITIONS, CHAPTER 19.24, AGRICULTURAL (A) AND
AGRICULTURAL-RESIDENTIAL (A-1) ZONES, CHAPTER 19.28, SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES, CHAPTER 19.36, MULTIPLE-FAMILY
RESIDENTIAL (R-3) ZONES, CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS)
ZONES, CHAPTER 19.60, GENERAL COMMERCIAL (CG) ZONES, CHAPTER
19.64, PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONES AND 19.116, CONVERSIONS OF APARTMENT
PROJECTS TO COMMON INTEREST DEVELOPMENTS
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, “CEQA”) in that proposed Ordinance is categorically exempt as there is no
potential for this action to cause a significant effect on the environment and/or any
project would be exempt under relevant provisions of CEQA guidelines, including, but
not limited to Existing Facilities (Sec. 15301), Replacement or Reconstruction (Sec.
15302), or Construction or Conversion of Small Structures (Sec. 15303).
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.22, of Title 9 of the Cupertino Municipal Code is hereby
amended to read as follows:
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
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9.22.030 Penalties.
9.22.040 Enforcement of other laws unaffected.
9.22.050 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the health, safety and welfare of the people of
the City of Cupertino, and to protect the City’s neighborhoods against blighting and
deteriorating influences or conditions that contribute to the downgrading of
neighborhood aesthetics and property values by establishing minimum standards, in
addition to standards contained in other laws, rules and regulations, for the
maintenance of all building exteriors, premises and vacant land.
9.22.020 Unlawful Acts.
Except for any property which has a valid permit to maintain such a condition, no
owner(s), agent(s) or lessee(s) or other person(s) occupying or having control of any real
property (including City property) within the City shall maintain or allow to be
maintained any of the following conditions except as allowed in Table 9.22.020:
Table 9.22.020 Unlawful Acts In any front, side or rear yard areas
visible from a public street or sidewalk
A. Storage or placement of any of the following that
could be unsightly and/or constitute an attractive
nuisance:
1. Household appliances, equipment, machinery, or
furniture, other than that designed and used for
outdoor activities, including, but not limited to,
refrigerators, washing machines, sinks, stoves,
heaters, boilers, tanks, or any part of any listed item;
Not Allowed in excess of 72 hours
2. Loose materials, including but not limited to, sand
dirt, gravel, concrete or any similar materials;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the property
3. Building materials, including but not limited to,
lumber, fixtures, or salvage materials recovered
during demolition;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the property
4. Temporary Fencing; Not Allowed, except while permitted,
active and continuous, construction is
occurring on the property
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Table 9.22.020 Unlawful Acts In any front, side or rear yard areas
visible from a public street or sidewalk
5. Storage Containers and similar items; Not Allowed on more than two (2)
occasions in a calendar year and not
more than fifteen (15) days on each
occasion, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the
property.
B. An accumulation of:
1. Glass, paper, metal, plastic, or other recyclables Not Allowed
2. Litter, junk, machine parts, scrap material, waste
paper, boxes and cartons, packing materials,
combustible trash, tires, or vehicle parts;
Not Allowed
C. Dead, decayed, or diseased trees, weeds, or other
vegetation likely to cause a fire or health hazard, an
infestation, or a habitat for rodents;
Not Allowed
D. A lack of adequate landscaping, or groundcover
sufficient to prevent blowing dust and erosion;
Not Allowed
E. Tree stump(s) with a trunk diameter greater than six
inches and a height of greater than 2.5 feet. As used
herein "tree stump" means the base part of a tree or the
trunk protruding above ground in which 90% or more
of the foliage or canopy of the tree has been removed.
This prohibition applies to all tree stumps in the City
including those described in Chapters 14.12 (Street
Trees) and in Chapter 14.18 (Protected Trees).
Excepted from this prohibition are trees which are
pollarded in accordance with the American National
Standards Institute (ANSI) A300-2001 standards.
Not Allowed
F. Maintenance of any structure in a state of substantial
deterioration, where such condition would have a
tendency to depreciate the aesthetic and property
values of surrounding properties, including but not
limited to, peeling paint on a façade, broken windows,
damaged porches, broken steps, roofs in disrepair, and
other such deterioration or disrepair not otherwise
constituting a violation;
Not Allowed
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9.22.030 Penalties.
Any person who violates the provisions of this chapter shall upon conviction by
guilty of an infraction punishable in accordance with the provisions of Chapter 1.12.
9.22.040 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City or authorized law enforcement
officers to prosecute violators of any statute of the State of California or other
ordinances of the City (including the provisions of Chapters 1.09 and
Section 1.12.030 regarding nuisance abatement.)
9.22.050 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating to substandard housing within
six months or the time prescribed in a written notice of violation, whichever is later, the
City Manager or his designee may submit a notice of noncompliance to the Franchise
Tax Board to prohibit individuals, banks and corporations from claiming deductions for
interest, taxes, depreciation or amortization with respect to the substandard housing
pursuant to the provisions of Sections 17274 and 24436.5, as applicable, of the California
Revenue and Taxation Code.
SECTION 2. Cupertino Municipal Code section 19.08.030L of Chapter 19.08 of Title
19 is amended by editing the following definition:
"Living space" means, for the purposes of Chapter 19.112, Accessory Dwelling Units
in R-1, RHS, A and A-1 Zones, the same as that set forth in CA Government Code
Section 65852.2(i).
SECTION 3. Table 19.20.020 of Section 19.12.030 of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
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5
Table 19.12.030: Approval Authority
Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt.
Code
65350-65362
Yes - CA. Govt.
Code
65350-
65362
Minor G
- -
R F PH Yes -
Zoning Map Amendments
Major F - - R F PH CA. Govt.
Code
65853 - 65857
Yes - 19.152.020
Minor G - - R F PH Yes -
Zoning Text
Amendments
-
- R F PH
CA. Govt.
Code
65853 - 65857
- - 19.152.030
Specific Plans
-
- R F PH
CA. Govt.
Code
65350-65362
- - 20.04.030
Development
Agreements
- - R F PH CA. Govt.
Code 65867 Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/
300’
Yes 2 years 19.156.050 Minor G F - A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt. Yes 2 years 19.156.050
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Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Minor G, I F - A1/F/R A1/A2/F PH Code 65905 Yes 2 years
Temporary F - A1 A2 - None No 1 year 19.160.030
Density Bonus
(Residential) R F Based on concurrent application 19.52
Adult-Oriented
Commercial
Activity (CUP)
- R F PH
CA. Govt.
Code 65905/
300’
Yes 2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 Varies L Depends on
permit being
amended L
Yes 2 years 19.44,
19.144
19.156,
19.164
Minor G F - A1 A2 Varies L Yes 2 years
Minor
Modification F - A1 A2 - None No 2 years 19.164
Hillside
Exception/
Height Exception
/ Heart of the
City Exception I
- - F A1 PH 19.12.110/
300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt. Yes 2 years 19.156.060
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Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Code 65905
Status of non-
conforming Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless
Antennas I F - F/ A1 A2 Varies I
Depends on
application
type
Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader
board &
Freeway
Oriented Signs I
- F F A1 M PM 19.12.110/
300’ No 1 year 19.104
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I
- F - A1 M PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking
Exceptions I F F A1 A1 L /A2 Varies N
19.12.110/
Adjacent/
300’ O
Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard
Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
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Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Two-story I F F F/A1 A1 L /A2 Varies I
19.12.110/
Adjacent
Yes 1 year 19.28.140
Minor
Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 M PM Yes 1 year
Protected Trees
Tree Removal
F - A1 A2 CP
Adjacent
unless
exempt
Yes 1 year 14.18.180
Heritage Tree
Designation &
Removal
- - F A1 PM 19.12.110/
300’ Yes - 14.18
Tree
Management
Plan
F - A1 A2 - None No - 14.18
Retroactive Tree
Removal F - A1 A2 - None No - 14.18
Reasonable
Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions P
Parking, Fence
& Sign
Exceptions &
Front Yard
F - A1 A2 - None No 1 year
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Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Interpretations
Neon, Reader
board &
Freeway
Oriented Signs
F A1 A2 - None No 1 year
Two Story
Permits, Minor
Residential
Permits and
Exceptions
F A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other
projects F - A1 A2 - 19.12.110/
None No 2 years
Key:
R—Review and recommendation body F — Final decision-making body unless appealed
A1 —Appeal Body on first appeal A2 — Appeal body on second appeal
PH – Public Hearing PM – Public Meeting
CP – Comment Period
269
10
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of
the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of
approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government
Code; Public Meeting: Project types that need only a mailed notice and no
newspaper notices; Comment Period: Project types that need only a mailed notice
and do not need a public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the
maximum expiration date allowed for any one of the development applications (not
including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit
application - for more than ten thousand square feet of commercial and/or industrial
and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit
application - for ten thousand square feet or less of commercial and/or industrial
and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty
thousand square feet of commercial, and/or greater than one hundred thousand
square feet of industrial and/or office and/or other non-residential use, and/or
greater than fifty residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the
subject property or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval
for all projects that are not a Minor Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned
development zoning district, minor building architectural modifications,
landscaping, signs and lighting for new development, redevelopment or
modification in such zones where review is required and minor modifications of
duplex and multi-family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Appeals of Design Review Committee decisions shall be heard by the City Council.
N. Parking Exceptions approved by the Director of Community Development need a
comment period.
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Parking Exceptions approved by the Design Review Committee need a public
meeting.
O. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones
need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior
boundary of the subject property.
P. Application must be filed prior to expiration date of permit. Permit is extended until
decision of the Approval Body on the extension.
SECTION 4. Section 19.12.080 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.080 Application Process
Unless otherwise specified in this title, all applications for permits, permit
modifications, amendments and other matters pertaining to this Chapter shall be filed
with the Director of Community Development with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and
who have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or
other structures. Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan,
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10. Any property/development with a Homeowner’s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB.
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application.
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040;
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050H.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010:
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020.
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050.
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
SECTION 5. Section 19.12.100 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.100 Decision
A. The Approval Authority is granted the authority to make the decision to grant,
deny, or impose conditions or restrictions on a permit or other action on a permit as
well as to conduct and make any decisions necessary for environmental review
under the California Environmental Quality Act.
B. Unless postponed or continued with the mutual consent of the Director of
Community Development and the applicant and written confirmation from the
applicant, a decision shall be rendered:
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1. No later than sixty (60) days following the date the application is deemed
complete and either categorically exempt under the California Environmental
Quality Act (CEQA) or the adoption of a negative declaration or one hundred
and eighty (180) days of certification of an Environmental Impact Report (EIR).
2. Notwithstanding the above, no later than one hundred and fifty (150) days upon
receipt of a complete application for a new personal wireless communication
facility or ninety (90) days upon receipt of an application for collocation of a
personal wireless communication facility/antennas.
SECTION 6. Section 19.12.110 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or
delivered notice, the Director may provide published notice as provided in
Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
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c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior
to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible and
legible from the right-of-way in accord with the requirements of Table 19.12.030.
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a. Applicants must install a site notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to
install more than one notice.
2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design Review, and Tree Removal
applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice, shall be at least 4 feet tall
and 6 feet wide.
3. The notice shall be placed at least 14 days prior to the decision/public hearing
and shall remain in place until an action has been taken on the application and
the appeal period has passed.
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at
the sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
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SECTION 7. Section 19.12.180 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.180 Expiration, Extension and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect,
within the time frame specified in Section 19.12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in the conditions of
permit or variance, unless:
a. A building permit is filed and accepted by the City (fees paid and control
number issued.) In the event that a building permit expires for any reason,
the permit shall become null and void.
b. A permit or variance shall be deemed “vested” when actual substantial and
continuous activity has taken place upon the land subject to the permit or
variance or, in the event of the erection or modification of a structure or
structures, when sufficient building activity has occurred and continues to
occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional
use permit was granted and utilized has ceased or has been suspended for one
year or more, the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this
section, it shall continue to exist for the life of the existing structure or such
structure as may be constructed pursuant to the approval, unless a different time
period is specified in its issuance. A variance or exception from the parking and
loading regulations, and a sign exception shall be valid only during the period of
continuous operations of the use and/or structure for which the variance or
exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval
Authority, be extended for the time frame specified in Section 19.12.030, upon timely
submittal of an application with the Director of Community Development prior to
expiration.
C. Violation. Once a permit or variance is effective, any and all conditions of approval
imposed shall become operative, and the violation of any of them constitute a
violation of this Code.
D. Revocation.
1. Process: In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented,
or where the permit or variance is being conducted in a manner detrimental to
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the public health, safety, and welfare, the Director shall set a date for a public
hearing before the decision maker granting the original permit or variance, and
notice a public hearing in accordance with Section 19.12.110, Noticing, of this
code.
2. Findings: A permit may be revoked or modified if any one of the following
findings can be made:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the
permit had ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any
associated or other use of the property in violation of the law.
In the case of revocation of a sign permit, the sign was abandoned for a period of thirty
days.
SECTION 8. The text prior to Table 19.24.050 in Section 19.24.050 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.24.050 sets forth the rules and regulations pertaining to the development of
structures on property zoned Agricultural (A) and Agricultural-Residential (A-1).
SECTION 9. The text prior to Table 19.28.070 in Section 19.28.070 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.28.070 sets forth the rules and regulations pertaining to the development of
structures on property zoned R1-5, 6, 7.5, 8, 10, 20 etc., and R1-6e in the Single-Family
Residential District.
SECTION 10. The text prior to Table 19.36.070 in Section 19.36.070 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.36.070 sets forth the rules and regulations pertaining to the development of
structures on property zoned multiple-family residential (R-3).
SECTION 11. Chapter 19.40.050 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled, and to read as follows:
19.40.050 Site Development Regulations.
The following guidelines, shown in Table 19.40.050, are a compilation of policies
described in the General Plan and are intended to govern the preparation of
development plans in RHS zones. All provisions of this section, except subsections A, B
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and C, may be deviated from with a Hillside Exception in accordance with Section
19.40.040 and 19.40.070.
Table 19.40.050: Site Development Regulations
A. Density
1. Dwelling Unit
Density
Determined by Appendix F of the General Plan based upon slope
density standards described therein.
2. Transfer of density
credits
Density credits derived from application of a slope density
formula to a lot or a group of lots may not be transferred to
property outside any approved subdivision or parcel map
boundary.
B. Minimum Lot Area
1. By zoning district
symbol:
Lot area shall correspond to the number (multiplied by one
thousand square feet) following the RHS zoning symbol.
Examples:
RHS-20: Minimum lot size of 20,000 square feet (20 * 1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square feet (120 * 1,000 s.f.)
RHS-218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.)
2. For subdivision Minimum lot area shall be in accordance with Appendix F of the
General Plan, unless clustered in accordance with Section
18.52.030 (Hillside Subdivisions). The minimum lot area shall be
10,000 square feet for each unit in a clustered subdivision.
3. Subdividable lots Lot size zoning designation shall be assigned at time of
subdivision
4. Non-subdividable
legally-created, developed
lots
Shall reflect the existing lot size
C. Minimum Lot Width a. 70 feet at front setback line.
b. No minimum lot width for lots served by private driveway
and which do not adjoin a public street.
D. Development on
Substandard Lots
A Hillside Exception shall be obtained to construct structures or
improvements on existing vacant legal lots.
E. Site Grading
1. Maximum Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill. Includes:
grading for building pad, yard areas, driveway and all other areas
requiring grading. Excludes: basements
b. All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the
requirements in Section 19.40.050G
2. Graded Area Shall be limited to the building pad area to the greatest extent
possible
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3. Multiple Driveways Grading quantities shall be divided equally among the
participating lots. E.g., two lots sharing a driveway shall divide
the driveway grading quantity in half. The divided share will be
charged against the grading quantity allowed for that lot
development.
4. Flat Yard Area Limited to a maximum of 2,500 square feet, excluding driveways
E. Site Grading (Cont.)
5. Soil Erosion and
Screening of Cut and Fill
Slopes Plan
A licensed landscape architect shall review grading plans and
shall, in consultation with the applicant and the City Engineer,
submit a plan to prevent soil erosion and to screen cut and fill
slopes.
F. Landscaping
1. Tree Planting Plan Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent
b. Reintroduce trees on barren slopes which were denuded by
prior agricultural activities. Must comply with the Chapter 14.15,
Landscaping Ordinance and Wildland Urban Interface Fire Area
(WUIFA) requirements
2. Landscape
Requirements
3. Installation of
Landscape Improvements
Must be installed prior to final occupancy unless it is not
practicable. If not installed, the applicant shall post a bond, cash or
other security to insure installation within an 18 month period
from occupancy.
4. Landscape
Maintenance
All such landscape areas shall be properly maintained in
conformance with the requirements of Chapter 14.15, Landscape
Ordinance.
5. Native Trees Should be integrated into the site design to the greatest extent
possible.
G. Watercourse Protection
1. Watercourse and
Existing Riparian
Vegetation
Any watercourse identified in Figure HS – 6 in the City's General
Plan and its existing riparian vegetation must be shown on all
development plans.
2. Setback The setback shall be measured from the top of bank of the
watercourses or from existing riparian vegetation, whichever is
greater. The setback from riparian vegetation will be measured
from the drip line perimeter. All new development, including
structures, grading and clearing, must be set back as follows.
a. Lots < 1 acre 50 feet
b. Lots ≥ 1 acre 100 feet
H. Development Near Prominent Ridgelines
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1. New structures Shall not disrupt a 15% site line from a prominent ridge as
identified in Appendix A. The fifteen percent site line shall be
measured from the top of ridge at the closest point from the
structure.
2. Additions to existing
structures within the
15% site line of
prominent ridgeline
May not further encroach into the site line. For example, the
addition may not add height or bulk which may increase the
disruption to the fifteen percent ridgeline site line.
3. Impractible Clause If (1) and (2) above are not practicable, alternatives may be
considered through the exception process.
I. Development on
Slopes of ≥ 30%
Hillside Exception required for all grading, structures and other
development > 500 square feet.
J. Trail Linkages and
Lots Adjoining Public
Open Spaces Site Plan
1. Site plan must identify trail linkages as shown in the General
Plan Trail Plan, on and adjacent to the site.
2. If a trail linkage is identified across a property being
developed, development shall not take place within that area
unless approved through the exception process.
3. For lots adjoining Public Open Spaces, driveways and
buildings shall be located as far as feasible from the Public Open
Space and designed in a manner to minimize impacts on the Public
Open Space.
K. Views and Privacy It is not the responsibility of City Government to ensure the
privacy protection of the building permit applicant or owners of
surrounding properties that may be affected by the structure
under construction. However, the Director of Community
Development may confer with the building permit applicant to
discuss alternate means of preventing privacy intrusion and
preserving views.
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside
Exception in accordance with Section 19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the development of
structures on property zoned Residential Hillside (RHS).
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Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
1. Maximum
Allowable
Development
Lesser of:
6,500 square feet; or
4,500 square feet plus 59.59 square feet for every 1,000 square feet over
10,000 square of net lot area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)*
*Formula = (4,500 +
Net Lot Area - 10000
1000 (59.59)) x (Slope Adjustment Factor)
2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.
Slope
Reduction (1.5 x
(Average Slope – 0.1))
a. Average
Slope ≤ 10%
No reduction in allowable floor area
Slope Adjustment Factor = 1 ≤ 10% 0%
b. Average
Slope
between
10% and
30%
A reduction in allowable floor area
by one and one-half percent (1.5%)
for each percent of slope over 10
percent.
Slope Adjustment Factor = (1 – (1.5
x (Average slope of net lot area –
0.1))
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10.5%
18% 12%
19% 13.5%
20% 15%
21% 16.5%
22% 18%
23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
c. Average
Slope ≥ 30%
Allowable floor area shall be
reduced by a constant 30 percent
Slope Adjustment Factor = (1 – 0.3)
≥ 30% 30%
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3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for
Common Open Space
a. Lot Area for calculating
FAR
May count a proportionate share of the reserved private open space
to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cluster development can exceed forty-five-
percent floor area ratio, prior to applying the slope adjustment
factor, when a portion of the private open space is attributed to the
lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.
B. Height of Buildings and
Structures Limited to 30 feet
C. Setbacks
First Floor Second Floor
Habitable Third Floor
(or portions of structures
taller than 20 feet)
1. Front-yard
a. Slope ≤ 20% 20 feet Driveway and
garage must
be designed
to enable
vehicles to
park off-street
25 feet 25 feet
b. Slope > 20% 10 feet 25 feet 25 feet
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on Corner
Lot 15 feet 15 feet 20 feet
3. Rear-yard 20 feet 25 feet 25 feet
D. Second Story Decks and Patios Minimum Setbacks
First Floor Second Floor
Habitable Third Floor
(or portions of structures
taller than 20 feet)
1. Front Yard - 17 feet 17 feet
2. Side Yard - 15 feet 15 feet
3. Rear Yard - 20 feet 20 feet
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E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First Floor
Downhill Wall Plane
i. Average of 7 feet 6 inches for 75% of the second story downhill
facing wall plane shall be setback and
ii. Not less than five feet.
iii. The remaining 25% may not extend past the first story wall
plane.
b. Multiple Downhill
Facing Wall Planes Offset shall apply only the primary setback affected.
c. Offset from First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first-story
roofed porches.
ii. Roof of the porch must match, in pitch and style, the roof of the
main structure.
iii. Porch must be at least 5 feet in width and extend the length of
the wall on which it is located.
2. Maximum Wall Height on
Downhill Elevation 15 feet
F. Permitted Yard Encroachments
1. Extension of a Legal Non-
conforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one
encroaching side of the existing structure may be extended along
existing building lines.
b. Only one such extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e.,
a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed
closer than three feet to any property line.
2. Architectural Features
a. May extend into a required yard a distance not exceeding three
feet.
b. No architectural feature, or combination thereof, whether a
portion of a principal or accessory structure, may extend closer than
three feet to any property line.
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G. Accessory Structures
(including attached patio
covers)
As allowed by Chapter 19.100, Accessory Buildings/Structures
H. Design Standards
1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural
contour of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on the upslope side of the building
and the roof pitches shall trend downslope.
c. Second Story Dormers Permitted within the second story setbacks as long as they are
minor in shape and size.
d. Downhill Elevation of
main structure
Shall have a minimum of four offset building and roof elements to
provide varied building forms to produce shadow patterns which
reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or 20 feet in height, whichever is
more restrictive, shall contain architectural elements in order to
provide relief and to break up expansive wall planes.
2. Colors
a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/or
vegetation colors which complement the natural surroundings.
Natural earth-tone and vegetation colors include natural hues of
brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall be identified on the site development
plan.
a. Tennis Court and Other
Recreational Purposes High-intensity lights not permitted.
b. Motion-activated
Security Lights
1. Shall not exceed 100 watts and
2. Must be shielded to avoid all off-site intrusion.
c. Other lighting Must be directed to meet the particular need.
I. Geologic and Soils Reports
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1. Applicability
A geological report prepared by a certified engineering geologist
and a soils report prepared by a registered civil engineer qualified
in soils mechanics by the State shall be submitted prior to issuance
of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been
designated by the General Plan to be within a geological hazard
area; and
b. Where an addition, alteration or repair of an existing building or
structure include at least one of the following:
i. The improvements include increasing the occupancy capacity
of the dwelling such as adding a bedroom or secondary unit, or
ii. The cost of the completed addition, alteration or repairs will,
during any period of twelve months, exceed twenty-five percent of
the value of the existing improvements as determined by the
building official based on current per foot value of the proposed
structure to the existing structure's value on a parcel of property.
For the purposes of this section, the value of existing improvements
shall be deemed to be the estimated cost to rebuild the
improvements in kind, which value shall be determined by the
building official.
2. Content of Reports
These reports shall contain, in addition to the requirements
of Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon
the most current professionally recognized soils and geologic
data;
b. The significance of the interpretations and evaluations with
respect to the actual development or implementation of the
intended land use through identification of any significant
geologic problems, critically expansive soils or other unstable soil
conditions which if not corrected may lead to structural damage
or aggravation of these geologic problems both on-and off-site;
c. Recommendations for corrective measures deemed necessary to
prevent or significantly mitigate potential damages to the
proposed project and adjacent properties or to otherwise insure
safe development of the property;
d. Recommendations for additional investigations that should be
made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.
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3. Incorporation of
Recommendations
All building and site plans shall incorporate the above-described
corrective measures and must be approved by the City Engineer,
prior to building permit issuance.
J. Private Roads and Driveways
1. Pavement Width and
Design
The pavement width and design for a private road or common
driveway serving two to five lots and a single-lot driveway shall
comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal Ingress/Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common
driveway shall, prior to issuance of building permits, record an
appropriate deed restriction guaranteeing the following, to
adjoining property owners who utilize the private road or common
driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
K. Solar Design
The setback and height restrictions provided in this chapter may be
varied for a structure utilized for passive or active solar purposes,
provided that no such structure shall infringe upon solar easements
or adjoining property owners. Variation from the setback or height
restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19.12.
SECTION 10. Row 29 of Table 19.60.030 of Section 19.60.030 in Chapter 19.60.030
of Title 19 of the Cupertino Municipal Code is hereby amended to be read as follows:
19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned
general commercial (CG), are identified in Table 19.60.030, Permitted, Conditional and
Excluded Uses in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning
Districts
Uses CG
29. Automotive service stations, automobile washing facilities CUP - PC
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SECTION 11. Row 14 of Table 19.64.020 of Section 19.64.020 in Chapter 19.64.020
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.64.020 Permitted, Conditional and Excluded Uses in Office and Industrial Zones.
Table 19.64.020 sets forth the Permitted, Conditional and Excluded Uses in Office and
Industrial zones.
Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones
Uses Zoning Districts
OA OP MP ML ML- rc
14. Automotive service stations, automobile washing
facilities;
- - - CUP -
PC
-
SECTION 11. Chapter 19.112.030 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled, and to read as follows:
19.112.030 Site Development Regulations.
Site Development Regulations for Accessory Dwelling Units are as identified in Table
19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Detached Conversion of portions of
existing structures to an
accessory dwelling unit
New addition to existing
accessory dwelling unit and
new accessory dwelling unit
A. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size
a. Lots < 10,000 50 percent of the existing living space of the principal
dwelling unit or 700 s.f. , whichever is more restrictive.
700 s.f.
b. Lots 10,000 50 percent of the existing living space of the principal
dwelling unit or 1,000 s.f., whichever is more restrictive.
1,000 s.f.
B. Second-story
accessory dwelling
unit
Allowed if the unit:
1. Is a conversion of existing second story portions of the
principal dwelling unit; and
2. Complies with applicable landscape requirements to
adjoining dwellings consistent with Section 19.28.120
Not
allowed
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Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Detached Conversion of portions of
existing structures to an
accessory dwelling unit
New addition to existing
accessory dwelling unit and
new accessory dwelling unit
C. Parking
1. Parking for
accessory dwelling
unit
None One additional off-street parking space
shall be provided, if the principal dwelling
unit has less than the minimum off-street
parking spaces for the applicable
residential zoning district in which it is
located, as required in Chapter 19.124
unless the unit meets the following
requirements:
a. Is within one-half (1/2) mile of a public
transit stop; or
b. Located in an architecturally and
historically significant historic district; or
c. Occupant of the ADU is not
allowed/offered a required on-street
parking permit; or
d. Located within one block of a car share
vehicle pick-up location.
2. Replacement
parking spaces
when new
accessory dwelling
unit converts
existing covered,
uncovered or
enclosed parking
spaces required for
the principal
dwelling unit
a. Replacement spaces must be provided for the principal dwelling unit
to meet the minimum off-street parking spaces for the applicable
residential zoning district in which it is located, as required in Chapter
19.124.
b. Replacement spaces may be located in any configuration on the same
lot as the accessory dwelling unit, including but not limited to covered
spaces, uncovered spaces, tandem spaces or by use of mechanical
automobile parking lifts.
c. Any replacement parking spaces provided must comply with the
development regulations for the applicable zoning district in which it is
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
D. Direct outside
access
1. Independent outdoor access must be provided without going
through the principal dwelling unit.
2. Where second-story accessory dwelling units are allowed, entry shall
not be provided by an exterior staircase.
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Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Detached Conversion of portions of
existing structures to an
accessory dwelling unit
New addition to existing
accessory dwelling unit and
new accessory dwelling unit
E. Screening from
public street
All access to accessory dwelling units shall be screened from a public
street.
SECTION 11. Sections 19.116.030 through 19.116.060 of Chapter 19.116 of Title 19
of the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to
read as follows:
19.116.030 General Regulations.
A. Community Impacts.
1. Residential Displacement.
a. i. In no case shall an apartment project be converted to a common interest
development unless and until it can reasonably be demonstrated that comparable
replacement housing exists within the housing market area to accommodate those
residents displaced as a direct result of the proposed conversion. The developer shall
provide a relocation/displacement plan which illustrates that sufficient replacement
housing is available in the housing market area within a price range which is equal to or
is less than twenty-five percent of the household income of the tenants to be displaced,
or not to exceed the rent being paid for the existing rental unit to be converted,
whichever is higher.
ii. As used in this section "housing market area" means that area bounded by
Fremont Avenue located in the City of Sunnyvale, to the north, Lawrence Expressway
to the east, Prospect Road to the south, hence along a line generally following the
westerly boundary of the Cupertino Urban Service Area northerly to Highway 280,
hence easterly along Highway 280 to Foothill Boulevard, hence northerly along Foothill
Boulevard to Homestead Road, hence easterly along Homestead to Highway 85, hence
northerly along Highway 85 to Fremont Avenue.
b. Replacement housing must be shown to meet any special needs of disabled
tenants, which are presently available in the project proposed to be converted, such as
facilities for the handicapped, elderly, families with children, and availability of public
transportation for the elderly or residents who do not own an automobile. The plan
shall also demonstrate that all other provisions relating to tenant protection addressed
in the chapter have been fulfilled.
c. A developer may meet the above requirements through the provision of
mitigating factors to diminish the number and/or aid relocation of, displaced tenants
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within the project. Such mitigating measures may include, but are not limited to,
discounting the price of project units to tenant buyers, offering a moving allowance,
extending leases, or providing below-market-rate units.
d. Notwithstanding the above provisions, in no case shall an apartment house be
converted to a common interest development when the vacancy rate for apartment
houses within the housing market area is less than five percent at the time of application
and has averaged five percent over the past six months as determined by surveys
conducted by the Director of Community Development.
1. Conformity with the General Plan. No conversion of apartment houses to
community houses to common interest developments shall be permitted unless and
until the City Council of the City of Cupertino finds that the proposed conversion will
not conflict with the housing goals and policies of the General Plan and will not
adversely impact the local school system.
2. Prohibition of Discriminating Against Prospective Buyers with Children. In no
case shall a common interest development which has been converted, and which can
reasonably accommodate children, as determined in each case by the City Council, limit
initial sales to households or individuals without children.
B. Tenant Protection.
1. The developer shall provide each tenant an irrevocable, nontransferable,
preemptive right to purchase a unit or right of exclusive occupancy at a price not
greater than the price offered to the general public for such unit. Such right shall be
irrevocable for a period of ninety days after the commencement of sales or the issuance
of the final public report by the real estate commissioner. Tenants shall have the right
to the unit presently occupied and then to other units in the project only after they have
been declined for purchase and vacated by the occupying tenants. In no case shall an
existing tenant have a preemptive right to more than one unit.
2. The developer shall offer a ninety-day extension of tenancy after the expiration
of a lease or rental agreement which would expire prior to or at the time of
commencement of sales or issuance of the final public report by the real estate
commissioner.
3. The developer shall permit a tenant to terminate any lease or rental agreement
without any penalty whatsoever after notice has been given of the intention to convert
to a common interest development if such tenant notifies the developer in writing thirty
days in advance of such termination.
C. Buyer Protection. The developer shall furnish each prospective purchaser of a
unit, a true copy of the conditional use permit issued under this chapter and a copy of
each of the following informational documents (the permit and documents shall be
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printed in Spanish or the purchaser's native language if requested):
1. Property report;
2. Structural pest control report;
3. Structural report and building department report;
4. Building history report;
5. Statement of compliance (Form 643) pursuant to 10 California Administrative
Code, Section 2792.9, or its successor, relating to operating and maintenance funds
during startup;
6. Soils report as determined in each case by the Director of Planning and
Development;
7. Certificate of compliance and occupancy.
D. Building and Site Improvements.
1. All private streets, driveways and parking areas for the common interest
developments shall be improved and constructed with a structural section and site
dimensions in accordance with the standards of the City of Cupertino and shall be
designed to ensure that access for municipal services shall not be denied any dwelling
unit therein by reason of deteriorated or impassable private streets, driveways or
parking areas, as determined by the Director of Public Works or his or her designee.
2. Sewage collection and water distribution lines on private property and property
under common ownership shall be covered by one of the following responsibilities.
a. All lines owned and maintained by the corporations shall be constructed to the
City of Cupertino Standard Specifications for Public Works. Water metering and billing
shall be provided at each individual townhouse lot as well as for the entire
development using a master meter. The difference between the sum of the individual
meters and the reading of the master meter will be billed to the corporate structure. A
separate sewer lateral shall be provided to serve each individual parcel.
b. All lines to be owned and maintained by the City of Cupertino, a private water
utility and/or the Cupertino Sanitary District shall be placed in asphalt concrete
driveways, or a covered concrete line trench, acceptable to the Director of Public Works,
or appropriate representation of the private water utility or sanitary district (with the
necessary public utility easement running through the project) so as to provide
accessibility for the maintenance of the lines. A water meter and sewer lateral shall be
provided to serve each individual parcel.
c. In cases of conversion to a common interest development not involving
individual ownership of separate parcels (e.g., community apartments, stock
cooperatives, planned developments, etc.), separate utility services will not be required.
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In these cases, utilities will be billed to the homeowners association and a cash deposit
to secure payment of the bill will be required.
3. Undergrounding Requirements. All structures being converted from individual,
corporate or partnership ownership of apartment houses to common interest
developments shall, within the exterior boundary lines of such property, have all
electrical, communication and similar distribution, service wires and/or cables placed
underground.
4. Compliance with Codes. The design, improvement and/or construction of a
common interest development shall conform to and be in full accordance with all
requirements of all building, fire and housing codes, zoning provisions and other
applicable local, State or federal laws or ordinances relating to protection of public
health and safety, in effect at the time of the filing of the tentative map. Also, any
violations of the latest adopted edition of the Uniform Housing Code as prepared by the
International Conference of Building Officials, or its successor, relating specifically to
provisions protecting health and safety of residents, shall be corrected, and any
equipment or facilities which the Building Official determines are deteriorated or
hazardous shall be repaired or replaced. In particular, the developer shall repair or
replace any damaged or infested areas in need of repair or replacement as shown in the
structural pest report. The interpretation of what constitutes a hazard to public health
and safety shall be made by the Director of Community Development, or his or her
designee.
5. Separate Metering. The consumption of gas and electricity within each dwelling
unit shall be separately metered so that the unit owner can be separately billed for each
utility. The requirements of this subsection may be waived where the Director of
Community Development finds that such would not be practical or reasonable. In all
cases, a water shutoff valve shall be provided for each unit.
6. Shock Mounting of Mechanical Equipment. All permanent mechanical
equipment, including domestic appliances, which is determined by the building official
to be a source or a potential source of vibration or noise, shall be shock-mounted,
isolated from the floor and ceiling, or otherwise installed in a manner approved by the
Building Official to lessen the transmission of vibration and noise.
7. Separate Electrical Panel Boards. Each unit shall have its own panel board of
adequate capacity to accommodate all electrical outlets which serve that unit.
8. Impact Sound Insulation. The applicant/owner shall demonstrate that wall and
ceiling assemblies conform to the sound insulation performance criteria promulgated in
Title 25, California Administrative Code, Section 1092, or its successor, and that any
floor covering which is replaced similarly provides the same or greater insulation
qualities.
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9. Storage Requirements. Private, enclosed, weatherproofed and lockable outdoor
storage space shall be provided for each dwelling unit according to the following
schedule:
Number of Bedrooms Minimum Space
in Cubic Feet Least Dimension
Studio or 1 150 2 feet
2 200 2 feet
3 250 2 feet
4 300 2 feet
The above space shall be provided in the garage or parking area or contiguous to
each unit. This requirement may be waived by the Director of Community
Development if it is determined that sufficient storage space exists to reasonably attain
this standard.
10. Private and Common Area Open Space. The adequacy of open space shall be
reviewed in terms of area and privacy standards. Private outdoor space shall be
provided for each unit, where practical. The amount of space shall be determined in
each case by the size of the unit and amount of common open space. Adjoining units
shall be redesigned or landscaped in such a manner so as to preclude visual intrusion
into private outdoor yards or interior spaces, where practical.
11. Noise Mitigation. Appropriate site design and construction techniques shall be
utilized to ensure isolation from excessive noise sources outside of the project boundary
and to ensure acoustical privacy between adjoining units. If the Director of Community
Development determines that an excessive external noise source exists, the developer
shall retain an acoustical engineer to evaluate the noise impact on the proposed
residential development and develop mitigation measures. The construction shall
comply with the applicable City ordinances and State codes relating to sound
transmission control to ensure acoustical privacy between adjoining dwelling units.
12. Interim Maintenance Standards. The developer shall be responsible for
improving and maintaining the structures and landscaping in accordance with the
approved architectural and landscaping plans and good maintenance practices prior to
turning them over to the homeowners association. A performance bond shall be
collected to ensure compliance with this requirement.
19.116.040 Parking.
A. Off-Street Parking. The project shall provide parking consistent with the multi-
family zoning district and the owner shall demonstrate that additional spaces exist to
reasonably accommodate guest parking.
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B. Applicability of City Ordinances Regulating Parking of Trailers and Recreational
Vehicles, Etc. Chapter 19.124, regulating parking and trailers, repairing vehicles, etc.,
shall apply to the private street(s) and to all parking along such street(s). The parking of
recreational vehicles such as boats, trailers, etc., shall be prohibited throughout the
entire development unless such parking is within an enclosed area. Vehicular curb
parking along the private street(s) shall be prohibited except in designated areas.
Appropriate "No Parking" signs shall be installed by the applicant.
19.116.050 Application Requirements.
A. In addition to the requirements of Title 18 of this code (Subdivisions) and the
Subdivision Map Act, an application for the conversion of rental housing into any
common interest development shall require the submittal of the following data, which
data must be submitted to the Director of Community Development at the same time
the tentative map is submitted:
1. A complete legal description of the property;
2. Certification that all tenants in any buildings or structure proposed to be
converted have been notified individually and in writing prior to the time of filing an
application hereunder;
3. A boundary map showing the existing topography of the site and the location of
all existing easements, structures and other improvements, and trees over four inches in
diameter;
4. The proposed organizational documents. In addition to such covenants,
conditions and restrictions that may be required by the Bureau of Real Estate of the
State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State
laws or policies, the organization documents shall provide for the following:
a. Conveyance of units,
b. Assignment of parking and management of common areas within the project,
c. A proposed annual operating budget containing a sinking fund to accumulate
reserve funds to pay for major anticipated maintenance, repair or replacement
expenses,
d. FHA regulatory agreement, if any,
e. The most recent balance sheet of the association,
5. A provision that the annual assessments to members of any association shall
provide for penalties for late payments and reasonable attorney's fees and costs in the
event of default of the members;
6. A provision that allows the association to terminate the contract of any person or
organization engaged by the developer to perform management or maintenance duties
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after any association assumes control of the project or any time thereafter;
7. A property report describing the condition and estimating the remaining useful
life of each of the following elements of each structure situated within the project
proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical
systems, electrical systems, plumbing systems, including sewage systems, sprinkler
systems for landscaping, utility delivery systems, central or community heating and air
conditioning systems, fire protection systems including any automatic sprinkler
systems, alarm systems, or standpipe systems, and structural elements. Such report
shall be prepared by a registered civil or structural engineer, or a licensed general
building contractor or general engineering contractor;
8. A structural pest report prepared by a licensed structural pest control operator
pursuant to Section 8516 of the CA Business and Professions Code, relating to written
reports on the absence or presence of wood-destroying pests or organisms;
9. A structural report describing the physical elements of the project that also
identifies any structural elements which are known to be structurally defective or
unsafe so as to impose a hazard to the health and safety of the occupants or users of the
improvements, with the final map submittal. The Director of Community Development
shall maintain a form containing a reasonable list of physical elements to be described in
the report, which form shall be made available to the applicant. The applicant shall
arrange for project inspections by the Building Department to verify the accuracy of the
deficiencies noted in the structural report. The Building Official shall prepare a report
detailing building code deficiencies or other health and safety deficiencies which must
be corrected prior to sale of units of occupancy;
10. A building history report including the following:
a. The date of construction of all elements of the project,
b. A statement of the major uses of the project since construction,
c. The date and description of each major repair of any element since the date of
construction,
d. The date and description of each major renovation of any element since the
date of construction,
e. A statement regarding current ownership of all improvements and underlying
land,
f. The name and address of each present tenant of the project,
g. Failure to provide information required by subsections A1 through A6 of this
section, inclusive, shall be accompanied by an affidavit, given under penalty of perjury,
setting forth in detail all efforts undertaken to discover such information and all reasons
why such information cannot be obtained;
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11. A rental history detailing the size in square footage, the current or last rental
rate, the monthly rental rate for the preceding two years, and the monthly vacancy over
the preceding two years of each rental unit proposed to be converted;
12. Condominium Plan. The application for final subdivision map shall include a
copy of the condominium plan prepared pursuant to the CA Civil Code, Section 1351.
The plan shall be submitted for the information of the local governing body and need
not be part of the subdivision map;
13. Project Organization. A written description regarding the proposed project
organization including the use and control of the common elements and recreation
facilities within the project shall be submitted with the tentative map. The statement
shall detail any proposed control of common facilities to be retained by the developer or
to be owned or maintained by any other organization other than the homeowners
association or unit owners.
14. True Copy of Application for Final Public Report and Supplemental
Questionnaire. The application shall include the following information, except that if the
information required to be furnished below is not available at time of application, as a
condition of approval of the permits issued pursuant to this Chapter, the developer
shall provide this information to the City within ten days of issuance by the Bureau of
Real Estate:
a. A true copy of each application submitted to the Bureau of Real Estate of the State
of California for issuance of a final public report for the project proposed for conversion,
including all attachments and exhibits required pursuant to Section 11011 of the
Business and Professions Code.
b. A true copy of the statement of compliance (Form 643, as amended) pursuant to
10 California Administrative Code, Section 2792.9, or its successor, relating to operating
and maintenance funds during the early stages of ownership and operation by the
homeowner’s association.
c. A statement whether the developer will provide any capital contribution to the
homeowner’s association for deferred maintenance of the common areas, and if so, the
sum and date on which the association will receive said sum;
d. A true copy of the supplemental questionnaire for apartments converted to
common interest developments submitted to the Bureau of Real Estate of the State of
California, including all attachments and exhibits.
15. Relocation Displacement Plan. A relocation displacement plan shall detail the
number of residents which will be displaced as a result of the proposed conversion and
document the reasonable availability of comparable replacement housing in the
Cupertino area within a rental range equal to the range which the tenants have paid as
detailed in a rental report (See Section 19.116.050A11) or within a price range which is
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equal to or less than twenty-five percent of the income range of each household to be
displaced as a result of the conversion whichever is higher. Additionally, replacement
housing must be shown to meet any special needs, which are presently available in the
project, of displaced tenants such as facilities for the handicapped, elderly, households
with children, and availability of public transportation for the elderly or resident buyers
who are temporarily displaced pending completion of improvements to the units being
purchased;
16. Soils Report. A true copy of the soils report originally prepared for the subject
property. In cases where a soils report has never been prepared or when information in
previous reports is considered insufficient, then the developer shall provide a soils
report prepared by a registered civil engineer, or equivalent, which details information
as determined by the Director of Public Works;
17. All information required by Chapter 18.16 or Chapter 18.20, as the case may be,
Chapter 19.12, Chapter 19.80, and such information which the Planning Commission or
the Director of Community Development determines is necessary to evaluate the
proposed project.
19.116.060 Application Procedures.
A. Zoning. Any apartment house project proposed to be converted to a common
interest development shall be rezoned to the R1C (single-family cluster) or P(Res)
(planned development project with residential intent) zoning district.
B. Use Permit and Tentative Map or Parcel Map Required. No conversion shall be
permitted unless and until a conditional use permit and tentative map or parcel map
has been applied for and issued pursuant to and in accordance with the provisions of
this chapter and the requirements of the Subdivision Map Act or its successor.
C. Property and Structural Pest Report.
1. After reviewing the property, structural and structural pest reports required to
be submitted pursuant to Section 19.116.050A8 and inspecting the structures situated
within the project when he or she deems such inspection necessary, the Building Official
shall identify all items if evidenced by such reports and/or inspection to be hazardous to
the life, health or safety of the occupants of such structure within the project, or the
general public. Each permit issued hereunder shall require all of such items to be
corrected to the satisfaction of the Building Official.
2. The Building Official shall review the property report and may require its
revision and resubmission if he or she determines that substantial evidence shows that
any statement therein is without foundation or fact. The report may be revised to reflect
improvement, repair or replacement.
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D. Project Organization Document Review. The project organization documents shall
be submitted to the City Attorney for a determination that such documents comply with
the requirements of this chapter and the applicable State laws.
E. Compliance with Housing, Building Codes and Fire Regulations. If the proposed
project does not comply with the provisions of the State of California Uniform Building
Code and regulations of the Santa Clara Central Fire Protection District, and/or the
Building Official identifies items to be corrected as provided in the above, any use
permit issued pursuant to this part shall require the developer to furnish a bond, in a
penal amount equal to the reasonable estimated cost to bring their project into
compliance with such codes, such fire regulations and/or such identified items to be
corrected. The bond shall run in favor of the individual purchasers and the homeowners
association and shall provide for reasonable attorney's fees in the event of default by the
principal. The City shall hold the bond pending issuance of the certificate of completion.
F. Public Hearings.
1. The City Council is the approval authority for condominium conversion
applications with a recommendation for approval or denial from the Planning
Commission.
2. If the City Council approves the proposed conversion, the applicant will be
required to submit detailed plans with an application for Architectural and Site
Approval for any exterior alterations or improvements to the buildings and/or
landscaping. The Planning Commission will make a final recommendation to the City
Council regarding the improvements. The City Council's final action will be a review of
the architectural plan to determine approval or denial of the project.
3. The final map for the project will be reviewed in compliance with Title 18,
Subdivisions of the Municipal Code.
G. Letter Certifying Compliance. The Director of Community Development shall
cause a final inspection of all buildings and structures to be made, upon request by the
developer, to determine that the requirements of this chapter have been fulfilled. The
Building Official shall then mark the inspection report to show the corrections, repairs
and replacements which have been made. If complete, the Director will cause to be
issued a letter certifying compliance with all of the conditions and approvals and with
this title and authorize sale and/or occupancy of the units. No building or unit applied
for under this chapter shall be sold without the letter certifying compliance and
approving occupancy.
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SECTION 12: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 13: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 14: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 15: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the 5th day of
July 2017 and ENACTED at a regular meeting of the Cupertino City Council on this
____ of __________ 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Exemptions.
9.22.0409.22.030 Penalties.
9.22.0509.22.040 Enforcement of other laws unaffected.
9.22.0609.22.050 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the health, safety and welfare of the people
of the City of Cupertino, and to protect the City’s neighborhoods against blighting and
deteriorating influences or conditions that contribute to the downgrading of
neighborhood aesthetics and property values by establishing minimum standards, in
addition to standards contained in other laws, rules and regulations, for the maintenance
of all building exteriors, premises and vacant land.
9.22.020 Unlawful Acts.
Except for any property which has a valid permit to maintain such a conditionbeen
approved by the City for such use, no owner(s), agent(s) or lessee(s) or other person(s)
occupying or having control of any real property (including City property) within the
City shall maintain or allow to be maintained any of the following conditions except as
allowed in Table 9.22.020in any front, side or back yard areas visible from a public street
or sidewalk:
Table 9.22.020 Unlawful Acts In any front, side or rear yard areas
visible from a public street or sidewalk
A. Storage or placement of any of the following that could
be unsightly and/or constitute an attractive nuisance:
1. Household appliances, equipment, machinery, or
furniture, other than that designed and used for
outdoor activities, including, but not limited to,
refrigerators, washing machines, sinks, stoves,
heaters, boilers, tanks, or any part of any listed item;
Not Allowed in excess of 72 hours Text moved to Tables 300
- 2 -
Table 9.22.020 Unlawful Acts In any front, side or rear yard areas
visible from a public street or sidewalk
2. Loose materials, including but not limited to, sand
dirt, gravel, concrete or any similar materials;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the property
3. Building materials, including but not limited to,
lumber, fixtures, or salvage materials recovered
during demolition;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the property
4. Temporary Fencing; Not Allowed, except while permitted,
active and continuous, construction is
occurring on the property
5. Storage Containers and similar items; Not Allowed on more than two (2)
occasions in a calendar year and not
more than fifteen (15) days on each
occasion, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the
property.
B. An accumulation of:
1. Glass, paper, metal, plastic, or other recyclables Not Allowed
2. Litter, junk, machine parts, scrap material, waste
paper, boxes and cartons, packing materials,
combustible trash, tires, or vehicle parts;
Not Allowed
C. Dead, decayed, or diseased trees, weeds, or other
vegetation likely to cause a fire or health hazard, an
infestation, or a habitat for rodents;
Not Allowed
D. A lack of adequate landscaping, or groundcover
sufficient to prevent blowing dust and erosion;
Not Allowed
E. Tree stump(s) with a trunk diameter greater than six
inches and a height of greater than 2.5 feet. As used
herein "tree stump" means the base part of a tree or the
trunk protruding above ground in which 90% or more
of the foliage or canopy of the tree has been removed.
This prohibition applies to all tree stumps in the City
including those described in Chapters 14.12 (Street
Trees) and in Chapter 14.18 (Protected Trees). Excepted
Not Allowed Text moved to Tables and Proposed changes Text moved to Tables 301
- 3 -
Table 9.22.020 Unlawful Acts In any front, side or rear yard areas
visible from a public street or sidewalk
from this prohibition are trees which are pollarded in
accordance with the American National Standards
Institute (ANSI) A300-2001 standards.
F. Maintenance of any structure in a state of substantial
deterioration, where such condition would have a
tendency to depreciate the aesthetic and property values
of surrounding properties, including but not limited to,
peeling paint on a façade, broken windows, damaged
porches, broken steps, roofs in disrepair, and other such
deterioration or disrepair not otherwise constituting a
violation;
Not Allowed
A. The storage of any refrigerator, washing machine, sink, stove, heater, boiler, tank,
or any other household appliance, equipment, machinery or furniture other than that
designed and used for outdoor activities or any part of any listed item for a period in
excess of seventy-two consecutive hours;
B. An accumulation of glass, paper, metal, plastic or other recyclables;
C. Dead, decayed or diseased trees, weeds or other vegetation likely to cause a fire or
health hazard, an infestation or a habitat for rodents;
D. An accumulation of litter, junk, machine parts, scrap material, waste paper, boxes
and cartons, packing materials, combustible trash, tires or vehicle parts;
E. A tree stump (or stumps) with a trunk diameter greater than six inches and a
height of greater than 2.5 feet. As used herein "tree stump" means the base part of a tree
or the trunk protruding above ground in which 90% or more of the foliage or canopy of
the tree has been removed. Excepted from this prohibition are trees which are
pollarded in accordance with the American National Standards Institute (ANSI) A300-
2001 standards. This prohibition applies to stumps of all trees in the City including
those described in Chapters 14.12 (Street Trees) and in Chapter 14.18 (Protected Trees).
F. The maintenance of any structure in a state of substantial deterioration, such as
peeling paint on a facade, broken windows, damaged porches, broken steps, roofs in
disrepair and other such deterioration or disrepair not otherwise constituting a
violation, where such condition would have a tendency to depreciate the aesthetic and
property values of surrounding properties; Text moved to Tables Text moved to Tables 302
- 4 -
G. A lack of adequate landscaping or groundcover sufficient to prevent blowing dust
and erosion;
H. Except for construction purposes on a continuous basis for a period not to exceed
six months any storage of sand, dirt, gravel, concrete or any similar materials liable to
constitute an attractive nuisance hazardous to small children;
I. Except for construction purposes on a continuous basis for a period not to exceed
six months any storage of lumber, salvage materials, building materials or fixtures.
9.22.030 Exemptions.
The provisions of this chapter shall not apply in the following circumstances where:
1. Building materials and equipment are stored during the period of time
continuous construction is occurring on the property;
2. The property owner, agent or lessee has a valid permit from the city, state or
federal government to maintain the condition.
9.22.0409.22.030 Penalties.
Any person who violates the provisions of this chapter shall upon conviction by
guilty of an infraction punishable in accordance with the provisions of Chapter 1.12.
9.22.0509.22.040 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City or authorized law enforcement
officers to prosecute violators of any statute of the State of California or other
ordinances of the City (including the provisions of Chapters 1.09 and
Section 1.12.030 regarding nuisance abatement.)
9.22.0609.22.050 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating to substandard housing within
six months or the time prescribed in a written notice of violation, whichever is later, the
City Manager or his designee may submit a notice of noncompliance to the Franchise
Tax Board to prohibit individuals, banks and corporations from claiming deductions for
interest, taxes, depreciation or amortization with respect to the substandard housing
pursuant to the provisions of Sections 17274 and 24436.5, as applicable, of the California
Revenue and Taxation Code.
[Title 10 – Chapter 19.04 – No Change] Text consolidated and moved to Tables 303
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Chapter 19.08: Definitions
[Sections 19.08.010 –19.08.020 – No Change]
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed
in this section.
A. "A" Definitions:
[NO CHANGE]
B. "B" Definitions:
[NO CHANGE]
C. "C" Definitions:
[NO CHANGE]
D. "D" Definitions:
[NO CHANGE]
E. "E" Definitions:
[NO CHANGE]
F. "F" Definitions:
[NO CHANGE]
G. "G" Definitions:
[NO CHANGE]
H. "H" Definitions:
[NO CHANGE]
I. "I" Definitions:
[NO CHANGE]
J. "J" Definitions:
[NO CHANGE]
K. "K" Definitions:
[NO CHANGE]
304
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L. "L" Definitions:
"Landscaping" means an area devoted to or developed and maintained with native or
exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials,
decorative outdoor landscape elements, pools, fountains, water features, paved or
decorated surfaces of rock, stone, brick, block or similar material (excluding driveways,
parking, loading or storage areas), and sculptural elements.
"Late evening activities" means an activity which maintains any hours of operation
during the period of eleven p.m. to seven a.m.
"Legal substandard lot" means any parcel of land or lot recorded and legally created by
the County or City prior to March 17, 1980, which lot or parcel is of less area than required
in the zone; or lots or parcels of record which are reduced to a substandard lot size as a
result of required street dedication unless otherwise provided in the City of Cupertino
General Plan. The owner of a legally created, substandard property which is less than six
thousand square feet but equal to or greater than five thousand square feet may utilize
such parcel for residential purposes. The owner of a legally created parcel of less than
five thousand square feet may also develop the site as a single-family residential building
site if it can be demonstrated that the property was not under the same ownership as any
contiguous property on the same street frontage as of or after July 1, 1984.
"Lightwell" means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
"Liquor store" means a use requiring a State of California "off-sale general license" (sale
for off-site consumption of wine, beer and/or hard liquor) and having fifty percent or
more of the total dollar sales accounted for by beverage covered under the off-sale general
license.
"Living space" means, for the purposes of Chapter 19.112, Accessory Dwelling Units in
R-1, RHS, A and A-1 Zones, habitable space and sanitation the same as that set forth in
CA Government Code Section 65852.2(i).
"Loading space" means an area used for loading or unloading of goods from a vehicle
in connection with the use of the site on which such space is located.
"Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or
an accessory building on a transient basis, whether or not meals are provided to the
person. Lodging shall be subject to the residential density requirements of the district in
which the use is located.
"Lodging unit" means a room or group of rooms not including a kitchen, used or
intended for use by overnight or transient occupants as a single unit, whether located in Consistency with State Law 305
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a hotel or a dwelling unit providing lodging where designed or used for occupancy by
more than two persons; each two-person capacity shall be deemed a separate lodging
unit for the purpose of determining residential density; each two lodging units shall be
considered the equivalent of one dwelling unit.
"Lot" means a parcel or portion of land separated from other parcels or portions by
description, as on a subdivision or record of survey map, or by metes and bounds, for
purpose of sale, lease or separate use.
1. "Corner lot" means a lot situated at the intersection of two or more streets, or
bounded on two or more adjacent sides by street lines.
2. "Flag lot" means a lot having access to a street by means of a private driveway or
parcel of land not otherwise meeting the requirement of this title for lot width.
3. "Interior lot" means a lot other than a corner lot.
4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which intersects
or intercepts the street on which the corner lot fronts.
"Lot area" means the area of a lot measured horizontally between boundary lot lines,
but excluding a portion of a flag lot providing access to a street and lying between a front
lot line and the street, and excluding any portion of a lot within the lines of any natural
watercourse, river, stream, creek, waterway, channel or flood control or drainage
easement and excluding any portion of a lot acquired, for access and street right-of-way
purposes, in fee, easement or otherwise.
"Lot coverage" means the following:
1. "Single-family residential use" means the total land area within a site that is covered
by buildings, including all projections, but excluding ground-level paving, landscape
features, lightwells, and open recreational facilities. Sheds are included in lot coverage.
2. "All other uses except single-family residential" means the total land area within a
site that is covered by buildings, but excluding all projections, ground-level paving,
landscape features, and open recreational facilities.
"Lot depth" means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there
is no clear rear lot line.
"Lot line" means any boundary of a lot.
1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner
lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel
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to and nearest the street from which access is obtained. Lot line length does not include
arc as identified on corner parcels.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means the lot line not intersecting a front lot line which is most distant
from and the most closely parallel to the front lot line. A lot bounded by only three lot
lines will not have a rear lot line.
4. "Side lot line" means any lot line which is not a front or rear lot line.
5. "Street lot line" means any lot line abutting a street.
"Lot of record" means a lot which is part of a subdivision recorded in the office of the
County Recorder, or a lot or parcel described by metes and bounds which has been
recorded.
"Lot width" means the horizontal distance between side lot lines, measured at the
required front setback line.
"Lower-income household" means a household whose gross income does not exceed
that established by Health and Safety Code Section 50079.5, as may be amended.
M. "M" Definitions:
[NO CHANGE]
N. "N" Definitions:
[NO CHANGE]
O. "O" Definitions:
[NO CHANGE]
P. "P" Definitions:
[NO CHANGE]
Q. "Q" Definitions:
[NO CHANGE]
R. "R" Definitions:
[NO CHANGE]
S. "S" Definitions:
[NO CHANGE]
307
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T. "T" Definitions:
[NO CHANGE]
U. "U" Definitions:
[NO CHANGE]
V. "V" Definitions:
[NO CHANGE]
W. "W" Definitions:
[NO CHANGE]
X. "X" Definitions:
[NO CHANGE]
Y. "Y" Definitions:
[NO CHANGE]
Z. "Z" Definitions:
[NO CHANGE]
[Section 19.12.010 – 19.12.020 – No Change]
19.12.030 Approval Authority
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and
Extension Dates for different types of Permits.
308
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Table 19.12.030: Approval Authority
Type of Permit or
Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH
CA. Govt. Code
65350-65362
Yes - CA. Govt.
Code
65350-
65362
Minor G - - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH CA. Govt. Code
65853 -
6585665857
Yes -
19.152.020 Minor G - - R F PH Yes -
Zoning Text Amendments - - R F PH
CA. Govt. Code
65853 -
6585665857
- - 19.152.030
Specific Plans - - R F PH CA. Govt. Code
65350-65362 - - 20.04.030
Development Agreements - - R F PH
CA. Govt. Code
65867
Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/ 300’ Yes 2 years
Corrections & Clarifications
309
- 11 -
Type of Permit or
Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Minor G F - A1 A2 PM Yes 2 years 19.156.050
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt. Code
65905
Yes 2 years 19.156.050 Minor G, I F - A1/F/R A1/A2/F PH Yes 2 years
Temporary F - A1 A2 - None No 1 year None
19.160.030
Density Bonus
(Residential) R F Based on concurrent application 19.52
Adult-Oriented
Commercial Activity
(CUP)
- R F PH CA. Govt. Code
65905/ 300’ Yes 2 years
19.128.030
&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 PM/PH
Varies L
Depends on
permit being
amended
19.12.110/ 300’ L
Yes 2 years 19.44,
19.144
19.156,
19.164 Minor G F - A1 A2 PM/PH
Varies L Yes 2 years
Minor Modification F - A1 A2 - None No 2 years 19.164
Clarifications
310
- 12 -
Type of Permit or
Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Hillside Exception/ Height
Exception / Heart of the
City Exception I
- - F A1 PH 19.12.110/ 300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt. Code
65905 Yes 2 years 19.156.060
Status of non-conforming
Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless Antennas I F - F/ A1 A2 Varies I
Depends on
application
type
Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader board &
Freeway Oriented Signs I - F F A1 LM PM 19.12.110/
300’ No 1 year 19.104
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I - F - A1 LM PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking Exceptions I F F A1 A1 L /A2 Varies MN
19.12.110/
Adjacent/
300’ NO
Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard Interpretation F - A1 A2 PM 19.12.110/ Yes 1 year 19.08
Clarifications
311
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Type of Permit or
Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Adjacent
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/
Adjacent
Yes 1 year
19.28.140 Minor Residential F - A1 A2 CP No 1 year
Exceptions I - F - A1 LM PM Yes 1 year
Protected Trees
Tree Removal F - A1 A2 CP
Adjacent unless
exempt/
Depending on
type of
application
Yes 1 year 14.18.180
Heritage Tree
Designation & Removal - - F A1 PM 19.12.110/ 300’ Yes - 14.18
Tree Management Plan F - A1 A2 - None No - 14.18
Retroactive Tree Removal F - A1 A2 - None No - 14.18
Reasonable
Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions OP
Parking, Fence & Sign
Exceptions & Front Yard
Interpretations
F - A1 A2 - None No 1 year
Clarifications
312
- 14 -
Type of Permit or
Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Neon, Reader board &
Freeway Oriented Signs F A1 A2 - None No 1 year
Two Story Permits,
Minor Residential
Permits and Exceptions
F A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other projects F - A1 A2 - 19.12.110/ None No 2 years
Key:
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need
only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any
one of the applications.
R—Review and recommendation body F — Final decision-making body unless appealed
A1 —Appeal Body on first appeal A2 — Appeal body on second appeal
PH – Public Hearing PM – Public Meeting
CP – Comment Period
313
- 15 -
E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any
one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square
feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less
of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater
than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty
residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval
authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor
Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor
building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in
such zones where review is required and minor modifications of duplex and multi-family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
L.M. Appeals of Design Review Committee decisions shall be heard by the City Council.
M.N. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
N.O. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property.
O.P. Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the
extension.Clarification 314
- 16 -
[Sections 19.12.040 – 19.12.070 – No Change]
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for
permits, entitlements, amendments, and approvals. Unless otherwise specified in this
title, all applications for permits, entitlements, amendments and approvals required by
this title shall be filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters
pertaining to this Chapter shall be filed with the Director of Community Development
with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and
who have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or
other structures. Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required; Redundancy 315
- 17 -
9. A construction plan,
10. Any property/development with a Homeowner’s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB.
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application.
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040;
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050H.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010:
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020.
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050.
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
D. The Approval Authority is granted the authority to make the decision to grant, deny,
or impose conditions or restrictions on a permit or other action on a permit as well as
to conduct and make any decisions necessary for environmental review under the
California Environmental Quality Act. Moved to Section 19.12.100 below 316
- 18 -
[Section 19.12.090 – No Change]
19.12.100 Decision
A. The Approval Authority is granted the authority to make the decision to grant, deny,
or impose conditions or restrictions on a permit or other action on a permit as well as
to conduct and make any decisions necessary for environmental review under the
California Environmental Quality Act.
B. Unless postponed or continued with the mutual consent of the Director of
Community Development and the applicant and written confirmation from the
applicant, a decision shall be rendered:
1. No later than sixty (60) days following the date the application is deemed complete
and either categorically exempt under the California Environmental Quality Act
(CEQA) or the adoption of a negative declaration or one hundred and eighty (180)
days of certification of an Environmental Impact Report (EIR).
2. Notwithstanding the above, no later than one hundred and fifty (150) days upon
receipt of a complete application for a new personal wireless communication
facility or ninety (90) days upon receipt of an application for collocation of a
personal wireless communication facility/antennas.
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s) Moved from Section 19.12.090 above 317
- 19 -
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or delivered
notice, the Director may provide published notice as provided in Government
Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city for
additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
318
- 20 -
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to
the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible and
legible from the street right-of-way in accord with the requirements of Table
19.12.030.
a. Applicants must install a public site notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to install
more than one notice.
2. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly
attached to a 5 foot tall posts and:
a. For Two Story Permits, Residential Design Review, and Tree Removal
applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.
a.b. For all other applications that need a site notice, shall be at least 4
feet tall and 6 feet wide. Clarification 319
- 21 -
3. The notice shall be placed at least 14 days prior to the decision/public hearing and
shall remain in place until an action has been taken on the application and the
appeal period has passed.
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at the
sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
[Sections 19.12.120 – 19.12.170 – No Change]
19.12.180 Expiration, Extension and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect,
within the time frame specified in Section 19.12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in the conditions of permit
or variance, unless:
320
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a. A building permit is filed and accepted by the City (fees paid and control
number issued.) In the event that a building permit expires for any reason, the
permit shall become null and void.
b. The permit or variance has been used. A permit or variance shall be deemed to
be "used" “vested” when actual substantial and continuous activity has taken
place upon the land subject to the permit or variance or, in the event of the
erection or modification of a structure or structures, when sufficient building
activity has occurred and continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use
permit was granted and utilized has ceased or has been suspended for one year or
more, the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this section,
it shall continue to exist for the life of the existing structure or such structure as
may be constructed pursuant to the approval, unless a different time period is
specified in its issuance. A variance or exception from the parking and loading
regulations, and a sign exception shall be valid only during the period of
continuous operations of the use and/or structure for which the variance or
exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval
Authority, be extended for the time frame specified in Section 19.12.030, upon timely
submittal of an application with the Director of Community Development prior to
expiration.
C. Violation. Once a permit or variance is effective, any and all conditions of approval
imposed shall become operative, and the violation of any of them constitute a
violation of this Code.
D. 1. Revocation.
1. Process: In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented,
or where the permit or variance is being conducted in a manner detrimental to the
public health, safety, and welfare, the Director shall set a date for a public hearing
before the decision maker granting the original permit or variance, and notice a
public hearing in accordance with Section 19.12.110, Noticing, of this code.
2. Findings: A permit may be revoked or modified if any one of the following
findings can be made:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the
permit had ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or Redundancy Clarification 321
- 23 -
iv. That the owner or occupant of the property is conducting the use or any
associated or other use of the property in violation of the law.
In the case of revocation of a sign permit, the sign was abandoned for a period of thirty
days.
[Sections 19.16.010 – 19.24.040 – No Change]
19.24.050 Building Development Regulations.
Table 19.24.050 sets forth the rules and regulations for building pertaining to the
development of structures on property zoned in Agricultural (A) and Agricultural-
Residential (A-1) Zoning Districts.
TABLE 19.24.050 – NO CHANGE
[Sections 19.24.050 – 19.28.060 – No Change]
19.28.070 Building Development Regulations.
Table 19.28.070 sets forth the rules and regulations pertaining to the for principal
building development of structures on propertyies zoned R1-5, 6, 7.5, 8, 10, 20 etc., and
R1-6e in the Single-Family Residential District.
TABLE 19.28.070 – NO CHANGE
[Sections 19.28.80 –19.36.060 – No Change]
19.36.070 Building Development Regulations.
Table 19.36.070 sets forth the rules and regulations pertaining to the development of
buildings structures on property zoned multiple-family residential (R-3).
[Table 19.36.070 – NO CHANGE]
[Sections 19.36.080 –19.40.040 – No Change]
19.40.050 Site Development Regulations.
The following guidelines, shown in Table 19.40.050, are a compilation of policies
described in the General Plan and are intended to govern the preparation of
development plans in RHS zones. All provisions of this section, except subsections A, Consistency Consistency Consistency 322
- 24 -
B and C, may be deviated from with a Hillside Exception in accordance with Section
19.40.040 and 19.40.070.
Table 19.40.050: Site Development Regulations
A. Density
1. Dwelling Unit
Density
Determined by Appendix F of the General Plan based upon slope
density standards described therein.
2. Transfer of density
credits
Density credits derived from application of a slope density formula
to a lot or a group of lots may not be transferred to property outside
any approved subdivision or parcel map boundary.
B. Minimum Lot Area
1. By zoning district
symbol:
Lot area shall correspond to the number (multiplied by one
thousand square feet) following the RHS zoning symbol.
Examples:
RHS-20: Minimum lot size of 20,000 square feet (20 * 1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square feet (120 * 1,000 s.f.)
RHS-218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.)
2. For subdivision
Minimum lot area shall be in accordance with Appendix F of the
General Plan, unless clustered in accordance with Section 18.52.030
(Hillside Subdivisions). The minimum lot area shall be 10,000
square feet for each unit in a clustered subdivision.
3. Subdividable lots Lot size zoning designation shall be assigned at time of subdivision
4. Non-subdividable
legally-created,
developed lots
Shall reflect the existing lot size
C. Minimum Lot
Width
a. 70 feet at front setback line.
b. No minimum lot width for lots served by private driveway and
which do not adjoin a public street.
D. Development on
Substandard Lots
A Hillside Exception shall be obtained to construct structures or
improvements on existing vacant legal lots.
E. Site Grading
1. Maximum Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.Includes:
grading for building pad, yard areas, driveway and all other areas
requiring grading.Excludes: basements
b. All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the
requirements in Section 19.40.050G
323
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Table 19.40.050: Site Development Regulations
2. Graded Area Shall be limited to the building pad area to the greatest extent
possible
3. Multiple
Driveways
Grading quantities shall be divided equally among the participating
lots. E.g., two lots sharing a driveway shall divide the driveway
grading quantity in half. The divided share will be charged against
the grading quantity allowed for that lot development.
4. Flat Yard Area Limited to a maximum of 2,500 square feet, excluding driveways
E. Site Grading (Cont.)
5. Soil Erosion and
Screening of Cut and
Fill Slopes Plan
A licensed landscape architect shall review grading plans and shall,
in consultation with the applicant and the City Engineer, submit a
plan to prevent soil erosion and to screen cut and fill slopes.
F. Landscaping
1. Tree Planting Plan Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent
b. Reintroduce trees on barren slopes which were denuded by
prior agricultural activities. Must comply with the Chapter 14.15,
Landscaping Ordinance and Wildland Urban Interface Fire Area
(WUIFA) requirements
2. Landscape
Requirements
3. Installation of
Landscape
Improvements
Must be installed prior to final occupancy unless it is not
practicable. If not installed, the applicant shall post a bond, cash or
other security to insure installation within an 18 month period from
occupancy.
4. Landscape
Maintenance
All such landscape areas shall be properly maintained in
conformance with the requirements of Chapter 14.15, Landscape
Ordinance.
5. Native Trees Should be integrated into the site design to the greatest extent
possible.
G. Watercourse Protection
1. Watercourse and
Existing Riparian
Vegetation
Any watercourse identified in Figure HS – 6-G in the City's General
Plan and its existing riparian vegetation must be shown on all
development plans.
2. Setback
The setback shall be measured from the top of bank of the
watercourses or from existing riparian vegetation, whichever is
greater. The setback from riparian vegetation will be measured from
the drip line perimeter. All new development, including structures,
grading and clearing, must be set back as follows. Clarification 324
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Table 19.40.050: Site Development Regulations
a. Lots < 1 acre 50 feet
b. Lots ≥ 1 acre 100 feet
H. Development Near Prominent Ridgelines
1. New structures
Shall not disrupt a 15% site line from a prominent ridge as
identified in Appendix A. The fifteen percent site line shall be
measured from the top of ridge at the closest point from the
structure.
2. Additions to
existing structures
within the 15% site line
of prominent ridgeline
May not further encroach into the site line. For example, the
addition may not add height or bulk which may increase the
disruption to the fifteen percent ridgeline site line.
3. Impractible Clause If (1) and (2) above are not practicable, alternatives may be
considered through the exception process.
I. Development on
Slopes of ≥ 30%
Hillside Exception required for all grading, structures and other
development > 500 square feet.
J. Trail Linkages and
Lots Adjoining Public
Open Spaces Site Plan
1. Site plan must identify trail linkages as shown in the General
Plan Trail Plan, on and adjacent to the site.
2. If a trail linkage is identified across a property being developed,
development shall not take place within that area unless approved
through the exception process.
3. For lots adjoining Public Open Spaces, driveways and buildings
shall be located as far as feasible from the Public Open Space and
designed in a manner to minimize impacts on the Public Open
Space.
K. Views and Privacy
It is not the responsibility of City Government to ensure the privacy
protection of the building permit applicant or owners of
surrounding properties that may be affected by the structure under
construction. However, the Director of Community Development
may confer with the building permit applicant to discuss alternate
means of preventing privacy intrusion and preserving views.
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside Exception
in accordance with Section 19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the development of
structures on property zoned Residential Hillside (RHS).
325
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Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
1. Maximum
Allowable
Development
Lesser of:
6,500 square feet; or
4,500 square feet plus 59.59 square feet for every 1,000 square feet over 10,000
square of net lot area, times the slope adjustment factor pursuant to Section
19.40.060(A)(2)*
*Formula = (4,500 +
Net Lot Area - 10000
1000 (59.59)) x (Slope Adjustment Factor)
2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.
Slope
Reduction (1.5 x
(Average Slope – 0.1))
a. Average
Slope ≤ 10%
No reduction in allowable floor area
Slope Adjustment Factor = 1 ≤ 10% 0%
b. Average
Slope
between
10% and
30%
A reduction in allowable floor area
by one and one-half percent (1.5%)
for each percent of slope over 10
percent.
Slope Adjustment Factor = (1 – (1.5
x (Average slope of net lot area –
0.1))
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10.5%
18% 12%
19% 13.5%
20% 15%
21% 16.5%
22% 18%
23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
Text consolidated for clarification
326
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1. Maximum Allowable
house size 6,500 square feet
2. Unclustered Development
a. Lots < 10,000 square feet
(net lot area) 45% of net lot area
b. Lots ≥ 10,000 square feet
(net lot area)
4,500 square feet plus 59.59 square feet for every 1,000 square feet over
10,000 square feet of net lot area.
A = B - 10000
1000 (59.59) + 4,500
Formula:
A = Maximum allowable house size prior to instituting the maximum
6,500 square foot building size.
B = Net lot area.
3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for
Common Open Space
a. Lot Area for calculating
FAR
May count a proportionate share of the reserved private open space to
arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cluster development can exceed forty-five-
percent floor area ratio, prior to applying the slope consideration
adjustment factor, when a portion of the private open space is
attributed to the lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.
4. Slope Adjustment Criteria
a. Lots with Average Slope
> 10% and < 30%
Allowable floor area, prior to instituting the maximum 6,500 square
foot allowable building size, shall be reduced by one and one-half
percent (1.5%) for each percent of slope over 10 percent.
Formula: C = A x (1-(1.5 x (D -0.1)))
A = Maximum allowable house size based on subsection 1 above prior
to instituting the maximum 6,500 square foot building.
C = Maximum allowable building for lots with greater than 10%
average slope.
D = Average percent slope of net lot area.
c. Average
Slope ≥ 30%
Allowable floor area shall be
reduced by a constant 30 percent
Slope Adjustment Factor = (1 – 0.3)
≥ 30% 30%
Text consolidated for clarification
Clarification
Text moved up
327
- 29 -
b. Lots with Average
Slope ≥ 30 %
Allowable floor area shall be reduced by a constant 30 percent.
Ave. slope (D) Reduction (1.5 x (D - 0.1))
10% or less 0%
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10.5%
18% 12%
19% 13.5%
20% 15%
21% 16.5%
22% 18%
23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
30% or greater 30%
B. Height of Buildings and
Structures Limited to 30 feet
C. Setbacks
First Floor Second Floor
Habitable Third Floor
(or portions of
structures taller than
20 feet)
1. Front-yard
a. Slope ≤ 20% 20 feet 25 feet 25 feet
Text moved up
328
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b. Slope > 20% 10 feet
Driveway and
garage must be
designed to
enable vehicles
to park off-
street
25 feet 25 feet
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on Corner Lot 15 feet 15 feet 20 feet
3. Rear-yard 20 feet 25 feet 25 feet
D. Second Story Decks and Patios Minimum Setbacks
First Floor Second Floor
Habitable Third Floor
(or portions of
structures taller than
20 feet)
1. Front Yard - 17 feet 17 feet
2. Side Yard - 15 feet 15 feet
3. Rear Yard - 20 feet 20 feet
E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First Floor
Downhill Wall Plane
i. Average of 7 feet 6 inches for 75% of the second story downhill
facing wall plane shall be setback and
ii. Not less than five feet.
iii. The remaining 25% may not extend past the first story wall plane.
b. Multiple Downhill
Facing Wall Planes Offset shall apply only the primary setback affected.
c. Offset from First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first-story
roofed porches.
ii. Roof of the porch must match, in pitch and style, the roof of the
main structure.
iii. Porch must be at least 5 feet in width and extend the length of the
wall on which it is located.
2. Maximum Wall Height on
Downhill Elevation 15 feet
F. Permitted Yard Encroachments
329
- 31 -
1. Extension of a Legal Non-
conforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one encroaching
side of the existing structure may be extended along existing building
lines.
b. Only one such extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e., a
non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed
closer than three feet to any property line.
2. Architectural Features
a. May extend into a required yard a distance not exceeding three
feet.
b. No architectural feature, or combination thereof, whether a portion
of a principal or accessory structure, may extend closer than three feet
to any property line.
G. Accessory Structures
(including attached patio
covers)
As allowed by Chapter 19.100, Accessory Buildings/Structures
H. Design Standards
1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural contour
of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on the upslope side of the building
and the roof pitches shall trend downslope.
c. Second Story Dormers Permitted within the second story setbacks as long as they are minor
in shape and size.
d. Downhill Elevation of
main structure
Shall have a minimum of four offset building and roof elements to
provide varied building forms to produce shadow patterns which
reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or 20 feet in height, whichever is more
restrictive, shall contain architectural elements in order to provide
relief and to break up expansive wall planes.
2. Colors
330
- 32 -
a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/or vegetation
colors which complement the natural surroundings. Natural earth-
tone and vegetation colors include natural hues of brown, green and
shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall be identified on the site development plan.
a. Tennis Court and Other
Recreational Purposes High-intensity lights not permitted.
b. Motion-activated
Security Lights
1. Shall not exceed 100 watts and
2. Must be shielded to avoid all off-site intrusion.
c. Other lighting Must be directed to meet the particular need.
I. Geologic and Soils Reports
1. Applicability
A geological report prepared by a certified engineering geologist and
a soils report prepared by a registered civil engineer qualified in soils
mechanics by the State shall be submitted prior to issuance of permits
for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been
designated by the General Plan to be within a geological hazard area;
and
b. Where an addition, alteration or repair of an existing building or
structure include at least one of the following:
i. The improvements include increasing the occupancy capacity of
the dwelling such as adding a bedroom or secondary unit, or
ii. The cost of the completed addition, alteration or repairs will,
during any period of twelve months, exceed twenty-five percent of the
value of the existing improvements as determined by the building
official based on current per foot value of the proposed structure to the
existing structure's value on a parcel of property. For the purposes of
this section, the value of existing improvements shall be deemed to be
the estimated cost to rebuild the improvements in kind, which value
shall be determined by the building official.
2. Content of Reports
These reports shall contain, in addition to the requirements of Chapter
16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon the
most current professionally recognized soils and geologic data;
b. The significance of the interpretations and evaluations with respect
to the actual development or implementation of the intended land use
331
- 33 -
through identification of any significant geologic problems, critically
expansive soils or other unstable soil conditions which if not corrected
may lead to structural damage or aggravation of these geologic
problems both on-and off-site;
c. Recommendations for corrective measures deemed necessary to
prevent or significantly mitigate potential damages to the proposed
project and adjacent properties or to otherwise insure safe
development of the property;
d. Recommendations for additional investigations that should be
made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.
3. Incorporation of
Recommendations
All building and site plans shall incorporate the above-described
corrective measures and must be approved by the City Engineer, prior
to building permit issuance.
J. Private Roads and Driveways
1. Pavement Width and
Design
The pavement width and design for a private road or common
driveway serving two to five lots and a single-lot driveway shall
comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal Ingress/Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common
driveway shall, prior to issuance of building permits, record an
appropriate deed restriction guaranteeing the following, to adjoining
property owners who utilize the private road or common driveway for
the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
K. Solar Design
The setback and height restrictions provided in this chapter may be
varied for a structure utilized for passive or active solar purposes,
provided that no such structure shall infringe upon solar easements or
adjoining property owners. Variation from the setback or height
restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19.12.
[Section 19.40.070 –19.60.020 – No Change]
332
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19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property
zoned general commercial (CG), are identified in Table 19.60.030, Permitted,
Conditional and Excluded Uses in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts
Uses Zoning Districts CG
#1 - #28 – NO CHANGE
29. Automotive Automobile service stations, automobile washing facilities CUP - PC
#30 - #41 – NO CHANGE
Key:
P –
- –
CUP - Admin. –
CUP - PC –
CUP - CC –
Ex –
Permitted Use
Not Allowed
Conditional Use Permit issued by the Director of Community Development
Conditional Use Permit issued by the Planning Commission
Conditional Use Permit issued by the City Council
Excluded Uses
[Section 19.60.040 –19.64.010 – No Change]
19.64.020 Permitted, Conditional and Excluded Uses in Office and Industrial Zones.
Table 19.64.020 sets forth the Permitted, Conditional and Excluded Uses in Office and
Industrial zones.
Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones
Uses Zoning Districts
OA OP MP ML ML- rc
#1 - #13 – NO CHANGE
14. Automobile Automotive service stations,
automobile washing facilities;
- - - CUP -
PC
-
#15 - #88 – NO CHANGE
Key:
P –
- –
CUP - Admin. –
CUP - PC –
CUP - CC –
Ex –
Permitted Use
Not Allowed
Conditional Use Permit issued by the Director of Community Development
Conditional Use Permit issued by the Planning Commission
Conditional Use Permit issued by the City Council
Excluded Uses Clarification Clarification 333
- 35 -
[Section 19.64.030 –19.112.020 – No Change]
19.112.030 Site Development Regulations.
Site Development Regulations for Accessory Dwelling Units are as identified in Table
19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of portions
of existing structures to
an accessory dwelling
unit
New addition to existing
accessory dwelling unit
and new accessory
dwelling unit
A. Maximum sSize of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size
1a. Lots < 10,000 50 percent of the existing living space of the
principal dwelling unit or 800700 s.f. , whichever is
more restrictive.
800 700 s.f.
2b. Lots 10,000 50 percent of the existing living space of the
principal dwelling unit or 1,200 1,000 s.f., whichever
is more restrictive.
1,200 1,000 s.f.
B. Second-story
accessory dwelling
unit
Allowed if the unit:
1. Is a conversion of existing second story
portions of the principal dwelling unit; and
2. Complies with applicable landscape
requirements to adjoining dwellings consistent with
Section 19.28.120
Not allowed
C. Parking Consistency with State Law Clarification 334
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Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of portions
of existing structures to
an accessory dwelling
unit
New addition to existing
accessory dwelling unit
and new accessory
dwelling unit
1. Parking for
accessory dwelling
unit
None One additional off-street parking space shall
be provided, if the principal dwelling unit
has less than the minimum off-street parking
spaces for the applicable residential zoning
district in which it is located, as required in
Chapter 19.124 unless the unit meets the
following requirements:
a. Is within one-half (1/2) mile of a public
transit stop; or
b. Located in an architecturally and
historically significant historic district; or
c. Occupant of the ADU is not
allowed/offered a required on-street parking
permit; or
d. Located within one block of a car share
vehicle pick-up location.
2. Replacement
parking spaces
when new
accessory dwelling
unit converts
existing covered,
uncovered or
enclosed parking
spaces required for
the principal
dwelling unit
a. Replacement spaces must be provided for the principal dwelling
unit to meet the minimum off-street parking spaces for the applicable
residential zoning district in which it is located, as required in Chapter
19.124.
b. Replacement spaces may be located in any configuration on the
same lot as the accessory dwelling unit, including but not limited to
covered spaces, uncovered spaces, tandem spaces or by use of
mechanical automobile parking lifts.
c. Any replacement parking spaces provided must comply with the
development regulations for the applicable zoning district in which it is
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
D. Direct outside
access
1. Independent outdoor access must be provided without going
through the principal dwelling unit.
2. Where second-story accessory dwelling units are allowed, entry
shall not be provided by an exterior staircase.
335
- 37 -
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit Detached
Conversion of portions
of existing structures to
an accessory dwelling
unit
New addition to existing
accessory dwelling unit
and new accessory
dwelling unit
E. Screening from
public street
All access to accessory dwelling units shall be screened from a public
street.
[Section 19.112.040 –19.116.020 – No Change]
19.116.030 General Regulations.
A. Community Impacts.
1. Residential Displacement.
a. i. In no case shall an apartment project be converted to a common interest
development unless and until it can reasonably be demonstrated that comparable
replacement housing exists within the housing market area to accommodate those
residents displaced as a direct result of the proposed conversion. The developer shall
provide a relocation/displacement plan which illustrates that sufficient replacement
housing is available in the housing market area within a price range which is equal to or
is less than twenty-five percent of the household income of the tenants to be displaced,
or not to exceed the rent being paid for the existing rental unit to be converted, whichever
is higher.
ii. As used in this section "housing market area" means that area bounded by
Fremont Avenue located in the City of Sunnyvale, to the north, Lawrence Expressway to
the east, Prospect Road to the south, hence along a line generally following the westerly
boundary of the Cupertino Urban Service Area northerly to Highway 280, hence easterly
along Highway 280 to Foothill Boulevard, hence northerly along Foothill Boulevard to
Homestead Road, hence easterly along Homestead to Highway 85, hence northerly along
Highway 85 to Fremont Avenue.
b. Replacement housing must be shown to meet any special needs of disabled
tenants, which are presently available in the project proposed to be converted, such as
facilities for the handicapped, elderly, families with children, and availability of public
transportation for the elderly or residents who do not own an automobile. The plan shall
also demonstrate that all other provisions relating to tenant protection addressed in the
chapter have been fulfilled.
c. A developer may meet the above requirements through the provision of
mitigating factors to diminish the number and/or aid relocation of, displaced tenants
336
- 38 -
within the project. Such mitigating measures may include, but are not limited to,
discounting the price of project units to tenant buyers, offering a moving allowance,
extending leases, or providing below-market-rate units.
d. Notwithstanding the above provisions, in no case shall an apartment house be
converted to a common interest development when the vacancy rate for apartment
houses within the housing market area is less than five percent at the time of application
and has averaged five percent over the past six months as determined by surveys
conducted by the Director of Community Development.
1. Conformity with the General Plan. No conversion of apartment houses to
community houses to common interest developments shall be permitted unless and until
the City Council of the City of Cupertino finds that the proposed conversion will not
conflict with the housing goals and policies of the General Plan and will not adversely
impact the local school system.
2. Prohibition of Discriminating Against Prospective Buyers with Children. In no
case shall a common interest development which has been converted, and which can
reasonably accommodate children, as determined in each case by the City Council, limit
initial sales to households or individuals without children.
B. Tenant Protection.
1. The developer shall provide each tenant an irrevocable, nontransferable,
preemptive right to purchase a unit or right of exclusive occupancy at a price not greater
than the price offered to the general public for such unit. Such right shall be irrevocable
for a period of ninety days after the commencement of sales or the issuance of the final
public report by the real estate commissioner. Tenants shall have the right to the unit
presently occupied and then to other units in the project only after they have been
declined for purchase and vacated by the occupying tenants. In no case shall an existing
tenant have a preemptive right to more than one unit.
2. The developer shall offer a ninety-day extension of tenancy after the expiration of
a lease or rental agreement which would expire prior to or at the time of commencement
of sales or issuance of the final public report by the real estate commissioner.
3. The developer shall permit a tenant to terminate any lease or rental agreement
without any penalty whatsoever after notice has been given of the intention to convert to
community housinga common interest development if such tenant notifies the developer
in writing thirty days in advance of such termination.
C. Buyer Protection. The developer shall furnish each prospective purchaser of a unit,
a true copy of the conditional use permit issued under this chapter and a copy of each of
the following informational documents (the permit and documents shall be printed in
Spanish or the purchaser's native language if requested):
1. Property report;
2. Structural pest control report;
3. Structural report and building department report; Consistency 337
- 39 -
4. Building history report;
5. Statement of compliance (Form 643) pursuant to 10 California Administrative
Code, Section 2792.9, or its successor, relating to operating and maintenance funds during
startup;
6. Soils report as determined in each case by the Director of Planning and
Development;
7. Certificate of compliance and occupancy.
D. Building and Site Improvements.
1. All private streets, driveways and parking areas for the common interest
developments shall be improved and constructed with a structural section and site
dimensions in accordance with the standards of the City of Cupertino and shall be
designed to ensure that access for municipal services shall not be denied any dwelling
unit therein by reason of deteriorated or impassable private streets, driveways or parking
areas, as determined by the Director of Public Works or his or her designee.
2. Sewage collection and water distribution lines on private property and property
under common ownership shall be covered by one of the following responsibilities.
a. All lines owned and maintained by the corporations shall be constructed to the
City of Cupertino Standard Specifications for Public Works. Water metering and billing
shall be provided at each individual townhouse lot as well as for the entire development
using a master meter. The difference between the sum of the individual meters and the
reading of the master meter will be billed to the corporate structure. A separate sewer
lateral shall be provided to serve each individual parcel.
b. All lines to be owned and maintained by the City of Cupertino, a private water
utility and/or the Cupertino Sanitary District shall be placed in asphalt concrete
driveways, or a covered concrete line trench, acceptable to the Director of Public Works,
or appropriate representation of the private water utility or sanitary district (with the
necessary public utility easement running through the project) so as to provide
accessibility for the maintenance of the lines. A water meter and sewer lateral shall be
provided to serve each individual parcel.
c. In cases of conversion to a common interest development not involving
individual ownership of separate parcels (e.g., community apartments, stock
cooperatives, planned developments, etc.), separate utility services will not be
required. In these cases, utilities will be billed to the homeowners association and a cash
deposit to secure payment of the bill will be required.
3. Undergrounding Requirements. All structures being converted from individual,
corporate or partnership ownership of apartment houses to common interest
developments shall, within the exterior boundary lines of such property, have all
electrical, communication and similar distribution, service wires and/or cables placed
underground.
4. Compliance with Codes. The design, improvement and/or construction of a Clarification 338
- 40 -
common interest development shall conform to and be in full accordance with all
requirements of all building, fire and housing codes, zoning provisions and other
applicable local, State or federal laws or ordinances relating to protection of public health
and safety, in effect at the time of the filing of the tentative map. Also, any violations of
the latest adopted edition of the Uniform Housing Code as prepared by the International
Conference of Building Officials, or its successor, relating specifically to provisions
protecting health and safety of residents, shall be corrected, and any equipment or
facilities which the Building Official determines are deteriorated or hazardous shall be
repaired or replaced. In particular, the developer shall repair or replace any damaged or
infested areas in need of repair or replacement as shown in the structural pest report. The
interpretation of what constitutes a hazard to public health and safety shall be made by
the Director of Community Development, or his or her designee.
5. Separate Metering. The consumption of gas and electricity within each dwelling
unit shall be separately metered so that the unit owner can be separately billed for each
utility. The requirements of this subsection may be waived where the Director of
Community Development finds that such would not be practical or reasonable. In all
cases, a water shutoff valve shall be provided for each unit.
6. Shock Mounting of Mechanical Equipment. All permanent mechanical
equipment, including domestic appliances, which is determined by the building official
to be a source or a potential source of vibration or noise, shall be shock-mounted, isolated
from the floor and ceiling, or otherwise installed in a manner approved by the Building
Official to lessen the transmission of vibration and noise.
7. Separate Electrical Panel Boards. Each unit shall have its own panel board of
adequate capacity to accommodate all electrical outlets which serve that unit.
8. Impact Sound Insulation. The applicant/owner shall demonstrate that wall and
ceiling assemblies conform to the sound insulation performance criteria promulgated in
Title 25, California Administrative Code, Section 1092, or its successor, and that any floor
covering which is replaced similarly provides the same or greater insulation qualities.
9. Storage Requirements. Private, enclosed, weatherproofed and lockable outdoor
storage space shall be provided for each dwelling unit according to the following
schedule:
Number of Bedrooms Minimum Space
in Cubic Feet Least Dimension
Studio or 1 150 2 feet
2 200 2 feet
3 250 2 feet
4 300 2 feet
339
- 41 -
The above space shall be provided in the garage or parking area or contiguous to each
unit. This requirement may be waived by the Director of Community Development if it
is determined that sufficient storage space exists to reasonably fill attain this standard.
10. Private and Common Area Open Space. The Planning Commission and City
Council shall review tThe adequacy of open space shall be reviewed in terms of area and
privacy standards. Private outdoor space shall be provided for each unit, where
practical. The amount of space shall be determined in each case by the size of the unit and
amount of common open space. Adjoining units shall be redesigned or landscaped in
such a manner so as to preclude visual intrusion into private outdoor yards or interior
spaces, where practical.
11. Noise Mitigation. Appropriate site design and construction techniques shall be
utilized to ensure isolation from excessive noise sources outside of the project boundary
and to ensure acoustical privacy between adjoining units. If the Director of Community
Development determines that an excessive external noise source exists, the developer
shall retain an acoustical engineer to evaluate the noise impact on the proposed
residential development and develop mitigation measures. The construction shall
comply with the applicable City ordinances and State codes relating to sound
transmission control to ensure acoustical privacy between adjoining dwelling units.
12. Interim Maintenance Standards. The developer shall be responsible for
improving and maintaining the structures and landscaping in accordance with the
approved architectural and landscaping plans and good maintenance practices prior to
turning them over to the homeowners association. A performance bond shall be collected
to ensure compliance with this requirement.
19.116.040 Parking.
A. Off-Street Parking. The project shall provide parking consistent with the multi-
family zone zoning district and the owner shall demonstrate that additional spaces exist
to reasonably accommodate guest parking.
B. Applicability of City Ordinances Regulating Parking of Trailers and Recreational
Vehicles, Etc. Chapter 19.124, regulating parking and trailers, repairing vehicles, etc.,
shall apply to the private street(s) and to all parking along such street(s). The parking of
recreational vehicles such as boats, trailers, etc., shall be prohibited throughout the entire
development unless such parking is within an enclosed area. Vehicular curb parking
along the private street(s) shall be prohibited except in designated areas. Appropriate
"No Parking" signs shall be installed by the applicant.
19.116.050 Application Requirements.
A. In addition to the requirements of Title 18 of this code (subdivisionsSubdivisions) Clarification 340
- 42 -
and the Subdivision Map Act, an application for the conversion of rental housing into
community housingany common interest development shall require the submittal of the
following data, which data must be submitted to the Director of Community
Development at the same time the tentative map is submitted:
1. A complete legal description of the property;
2. Certification that all tenants in any buildings or structure proposed to be converted
have been notified individually and in writing prior to the time of filing an application
hereunder;
3. A boundary map showing the existing topography of the site and the location of
all existing easements, structures and other improvements, and trees over four inches
in diameter;
4. The proposed organizational documents. In addition to such covenants,
conditions and restrictions that may be required by the Department Bureau of Real
Estate of the State of California pursuant to Title 6 (Condominiums) of the Civil Code
or other State laws or policies, the organization documents shall provide for the
following:
a. Conveyance of units,
b. Assignment of parking and management of common areas within the project,
c. A proposed annual operating budget containing a sinking fund to accumulate
reserve funds to pay for major anticipated maintenance, repair or replacement expenses,
d. FHA regulatory agreement, if any,
e. The most recent balance sheet of the association,
5. A provision that the annual assessments to members of any association shall
provide for penalties for late payments and reasonable attorney's fees and costs in the
event of default of the members;
6. A provision that Aallows the association to terminate the contract of any person
or organization engaged by the developer to perform management or maintenance duties
after any association assumes control of the project or any time thereafter;
7. A property report describing the condition and estimating the remaining useful
life of each of the following elements of each structure situated within the project
proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical
systems, electrical systems, plumbing systems, including sewage systems, sprinkler
systems for landscaping, utility delivery systems, central or community heating and air
conditioning systems, fire protection systems including any automatic sprinkler systems,
alarm systems, or standpipe systems, and structural elements. Such report shall be
prepared by a registered civil or structural engineer, or a licensed general building
contractor or general engineering contractor;
8. A structural pest report prepared by a licensed structural pest control operator
pursuant to Section 8516 of the CA Business and Professions Code, relating to written
reports on the absence or presence of wood-destroying pests or organisms; Clarification Consistency Clarification 341
- 43 -
9. A structural report describing the physical elements of the project shall be
submitted to the Planning Department with the final map. The report shall that also
identify identifies any structural elements which are known to be structurally defective
or unsafe so as to impose a hazard to the health and safety of the occupants or users of
the improvements, with the final map submittal. The Director of Community
Development shall maintain a form containing a reasonable list of physical elements to
be described in the report, which form shall be made available to the applicant. The
applicant shall arrange for project inspections by the Building Department to verify the
accuracy of the deficiencies noted in the structural report. The Building Official shall
prepare a report detailing building code deficiencies or other health and safety
deficiencies which must be corrected prior to sale of units of occupancy;
10. A building history report including the following:
a. The date of construction of all elements of the project,
b. A statement of the major uses of the project since construction,
c. The date and description of each major repair of any element since the date of
construction,
d. The date and description of each major renovation of any element since the date
of construction,
e. A statement regarding current ownership of all improvements and underlying
land,
f. The name and address of each present tenant of the project,
g. Failure to provide information required by subsections A1 through A6 of this
section, inclusive, shall be accompanied by an affidavit, given under penalty of perjury,
setting forth in detail all efforts undertaken to discover such information and all reasons
why such information cannot be obtained;
11. A rental history detailing the size in square footage, the current or last rental rate,
the monthly rental rate for the preceding two years, and the monthly vacancy over the
preceding two years of each rental unit proposed to be converted;
12. Condominium Plan. The application for final subdivision map shall include a
copy of the condominium plan prepared pursuant to the CA Civil Code, Section 1351.
The plan shall be submitted for the information of the local governing body and need not
be part of the subdivision map;
13. Project Organization. A written description regarding the proposed project
organization including the use and control of the common elements and recreation
facilities within the project shall be submitted to the Planning Department with the
tentative map. The statement shall detail any proposed control of common facilities to
be retained by the developer or to be owned or maintained by any other organization
other than the homeowners association or unit owners.
14. True Copy of Application for Final Public Report and Supplemental
Questionnaire. The application shall include the following information, except that if the Clarification/Redundancy Redundancy Clarification 342
- 44 -
information required to be furnished below is not available at time of application, as a
condition of approval of the permits issued pursuant to this Chapter, the developer shall
provide this information to the City within ten days of issuance by the Bureau of Real
Estate:
a. A true copy of each application submitted for issuance of a final public report to the
Department Bureau of Real Estate of the State of California for issuance of a final public
report for the project proposed for conversion, including all attachments and exhibits
thereto required by the Department pursuant to Section 11011 of the Business and
Professions Code.
b. A true copy of the statement of compliance (Form 643, as amended) pursuant to 10
California Administrative Code, Section 2792.9, or its successor, relating to operating and
maintenance funds during the early stages of ownership and operation by the
homeowner’s associationstartup.
c. A statement whether the developer will provide any capital contribution to our the
homeowner’s association for deferred maintenance of the common areas, and if so, the
sum and date on which the association will receive said sum;
15d. A true copy of the supplemental questionnaire for apartments converted to
common interest developments submitted to the Department Bureau of Real Estate of the
State of California for the project proposed for conversion, and shall include including all
attachments and exhibits thereto;
provided, however, that to the extent the information required to be furnished pursuant
to subsections A14 and A15 of this section is not available at the time of application, any
conditional use permit issued under this part shall require the developer to furnish such
information to the City within ten days of issuance by the Department of Real Estate;
1615. Relocation Displacement Plan. A relocation displacement plan shall detail the
number of residents which will be displaced as a result of the proposed conversion and
document the reasonable availability of comparable replacement housing in the
Cupertino area within a rental range equal to the range which the tenants have paid as
detailed in a rental report (See Section 19.116.050A11) or within a price range which is
equal to or less than twenty-five percent of the income range of each household to be
displaced as a result of the conversion whichever is higher. Additionally, replacement
housing must be shown to meet any special needs, which are presently available in the
project, of displaced tenants such as facilities for the handicapped, elderly, households
with children, and availability of public transportation for the elderly or resident buyers
who are temporarily displaced pending completion of improvements to the units being
purchased;
1716. Soils Report. A true copy of the soils report originally prepared for the subject
property. In cases where a soils report has never been prepared or when information in
previous reports is considered insufficient as determined by the Director of Planning and Clarification Moved from below Moved above 343
- 45 -
Development, then the developer shall provide a soils report prepared by a registered
civil engineer, or equivalent, which details information as determined by the Director of
Public Works;
1817. All information required by Chapter 18.16 or Chapter 18.20, as the case may
be, Chapter 19.12, and Chapter 19.80, and such information which the Planning
Commission or the Director of Community Development determines is necessary to
evaluate the proposed project.
19.116.060 Application Procedures.
A. Zoning. Any apartment house project proposed to be converted to a common
interest development shall be rezoned to the R1C (single-family cluster) or P(Res)
(planned development project with single-family residential intent) zoning district.
B. Use Permit and Tentative Map or Parcel Map Required. No conversion shall be
permitted unless and until a conditional use permit and tentative map or parcel map has
been applied for and issued pursuant to and in accordance with the provisions of this
chapter and the requirements of the Subdivision Map Act or its successor.
C. Property and Structural Pest Report.
1. After reviewing the property, structural and structural pest reports required to be
submitted pursuant to Section 19.116.050A8 and inspecting the structures situated within
the project when he or she deems such inspection necessary, the Building Official shall
identify all items if evidenced by such reports and/or inspection to be hazardous to the
life, health or safety of the occupants of such structure within the project, or the general
public. Each permit issued hereunder shall require all of such items to be corrected to the
satisfaction of the Building Official.
2. The Building Official shall review the property report and may require its revision
and resubmission if he or she determines that substantial evidence shows that any
statement therein is without foundation or fact. The report may be revised to reflect
improvement, repair or replacement.
D. Project Organizational Document Review. The project organizational documents
shall be submitted to the City Attorney for a determination that such documents comply
with the requirements of this chapter and the applicable State laws.
E. Compliance with Housing, Building Codes and Fire Regulations. If the proposed
project does not comply with the provisions of the State of California Uniform Building
Code and regulations of the Santa Clara Central Fire Protection District, and/or the
Building Official identifies items to be corrected as provided in the above, any use permit
issued pursuant to this part shall require the developer to furnish a bond, in a penal
amount equal to the reasonable estimated cost to bring their project into compliance with
such codes, such fire regulations and/or such identified items to be corrected. The bond
shall run in favor of the individual purchasers and the homeowners association and shall Clarification 344
- 46 -
provide for reasonable attorney's fees in the event of default by the principal. The City
shall hold the bond pending issuance of the certificate of completion.
F. Public Hearings.
1. The tentative map, use permit and rezoning portion of the application will be
heard in a public hearing before the Planning Commission. The City Council is the
approval authority for condominium conversion applications with a recommendation for
approval or denial from the Planning Commission will recommend either approval or
denial to the City Council.
2. If the City Council approves the proposed conversion, the applicant will be required
to submit detailed site improvement plans with an application for Architectural and Site
Approval to the Planning Commission for any exterior alterations or improvements to
the buildings and/or landscaping.
2. The Planning Commission will make a final recommendation to the City Council
regarding the improvements. The City Council's final action will be a review of the
architectural plan and final map to determine approval or denial of the project.
3. The final map for the project will be reviewed in compliance with Title 18, Subdivisions
of the Municipal Code.
G. Letter Certifying Compliance. The Director of Community Development shall
cause a final inspection of all buildings and structures to be made, upon request by the
developer, to determine that the requirements of this chapter have been fulfilled. The
Building Official shall then mark the inspection report to show the corrections, repairs
and replacements which have been made. If complete, the Director will cause to be issued
a letter certifying compliance with all of the conditions and approvals and with this title
and authorize sale and/or occupancy of the units. No building or unit applied for under
this chapter shall be sold without the letter certifying compliance and approving
occupancy. Clarification 345
1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6832
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING CHAPTER 9.22, PROPERTY MAINTENANCE, CHAPTER 19.12,
ADMINISTRATION, CHAPTER 19.112, ACCESSORY DWELLING UNITS IN
R-1, RHS, A AND A-1 ZONES, AND MINOR AMENDMENTS IN CHAPTER
19.08, DEFINITIONS, CHAPTER 19.24, AGRICULTURAL (A) AND
AGRICULTURAL-RESIDENTIAL (A-1) ZONES, CHAPTER 19.28, SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES, CHAPTER 19.36, MULTIPLE-FAMILY
RESIDENTIAL (R-3) ZONES, CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS)
ZONES, CHAPTER 19.60, GENERAL COMMERCIAL (CG) ZONES, CHAPTER
19.64, PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONES AND 19.116, CONVERSIONS OF APARTMENT
PROJECTS TO COMMON INTEREST DEVELOPMENTS
The Planning Commission recommends approval of the proposed Ordinance in
substantially the form as shown in Exhibit “A,” attached hereto and entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.22, PROPERTY MAINTENANCE, CHAPTER 19.12,
ADMINISTRATION, CHAPTER 19.112, ACCESSORY DWELLING UNITS IN R-
1, RHS, A AND A-1 ZONES, AND MINOR AMENDMENTS IN CHAPTER
19.08, DEFINITIONS, CHAPTER 19.24, AGRICULTURAL (A) AND
AGRICULTURAL-RESIDENTIAL (A-1) ZONES, CHAPTER 19.28, SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES, CHAPTER 19.36, MULTIPLE-FAMILY
RESIDENTIAL (R-3) ZONES, CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS)
ZONES, CHAPTER 19.60, GENERAL COMMERCIAL (CG) ZONES, CHAPTER
19.64, PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONES AND 19.116, CONVERSIONS OF APARTMENT
PROJECTS TO COMMON INTEREST DEVELOPMENTS
With the following amendments:
1. Chapter 9.22, Property Maintenance, add language to also allow the keeping
of storage containers if screened with temporary construction fencing while
346
- 2 -
permitted, active and continuous, construction is occurring on the property;
and
2. Chapter 19.112, Accessory Dwelling Units in R-1, RHS, A and A-1 zones,
reduce the maximum allowable size of Accessory Dwelling Units as follows:
a. For Lots < 10,000 sq. ft.: 700 sq. ft.
b. For Lots ≥ 10,000 sq. ft.: 1,000 sq. ft.
PASSED AND ADOPTED this 23rd day of May 2017, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Paulsen, Liu, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Piu Ghosh /s/Don Sun
Piu Ghosh Don Sun, Chair
Principal Planner Planning Commission
347
- 3 -
EXHIBIT “A”
Draft Ordinance No. 16-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 9.22, PROPERTY MAINTENANCE, CHAPTER 19.12,
ADMINISTRATION, CHAPTER 19.112, ACCESSORY DWELLING UNITS IN
R-1, RHS, A AND A-1 ZONES, AND MINOR AMENDMENTS IN CHAPTER
19.08, DEFINITIONS, CHAPTER 19.24, AGRICULTURAL (A) AND
AGRICULTURAL-RESIDENTIAL (A-1) ZONES, CHAPTER 19.28, SINGLE-
FAMILY RESIDENTIAL (R-1) ZONES, CHAPTER 19.36, MULTIPLE-FAMILY
RESIDENTIAL (R-3) ZONES, CHAPTER 19.40, RESIDENTIAL HILLSIDE (RHS)
ZONES, CHAPTER 19.60, GENERAL COMMERCIAL (CG) ZONES, CHAPTER
19.64, PERMITTED, CONDITIONAL AND EXCLUDED USES IN OFFICE AND
INDUSTRIAL ZONES AND 19.116, CONVERSIONS OF APARTMENT
PROJECTS TO COMMON INTEREST DEVELOPMENTS
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, “CEQA”) in that proposed Ordinance is categorically exempt as there is no
potential for this action to cause a significant effect on the environment and/or any
project would be exempt under relevant provisions of CEQA guidelines, including, but
not limited to Existing Facilities (Sec. 15301), Replacement or Reconstruction (Sec.
15302), or Construction or Conversion of Small Structures (Sec. 15303).
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.22, of Title 9 of the Cupertino Municipal Code is hereby
amended to read as follows:
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
348
- 4 -
9.22.030 Penalties.
9.22.040 Enforcement of other laws unaffected.
9.22.050 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the health, safety and welfare of the people of
the City of Cupertino, and to protect the City’s neighborhoods against blighting and
deteriorating influences or conditions that contribute to the downgrading of
neighborhood aesthetics and property values by establishing minimum standards, in
addition to standards contained in other laws, rules and regulations, for the
maintenance of all building exteriors, premises and vacant land.
9.22.020 Unlawful Acts.
Except for any property which has a valid permit to maintain such a condition, no
owner(s), agent(s) or lessee(s) or other person(s) occupying or having control of any real
property (including City property) within the City shall maintain or allow to be
maintained any of the following conditions except as allowed in Table 9.22.020:
Table 9.22.020 Unlawful Acts In any front, side or rear yard areas
visible from a public street or sidewalk
A. Storage or placement of any of the following that
could be unsightly and/or constitute an attractive
nuisance:
1. Household appliances, equipment, machinery, or
furniture, other than that designed and used for
outdoor activities, including, but not limited to,
refrigerators, washing machines, sinks, stoves,
heaters, boilers, tanks, or any part of any listed item;
Not Allowed in excess of 72 hours
2. Loose materials, including but not limited to, sand
dirt, gravel, concrete or any similar materials;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the property
3. Building materials, including but not limited to,
lumber, fixtures, or salvage materials recovered
during demolition;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the property
4. Temporary Fencing; Not Allowed, except while permitted,
active and continuous, construction is
occurring on the property
349
- 5 -
Table 9.22.020 Unlawful Acts In any front, side or rear yard areas
visible from a public street or sidewalk
5. Storage Containers and similar items; Not Allowed on more than two (2)
occasions in a calendar year and not
more than fifteen (15) days on each
occasion.
B. An accumulation of:
1. Glass, paper, metal, plastic, or other recyclables Not Allowed
2. Litter, junk, machine parts, scrap material, waste
paper, boxes and cartons, packing materials,
combustible trash, tires, or vehicle parts;
Not Allowed
C. Dead, decayed, or diseased trees, weeds, or other
vegetation likely to cause a fire or health hazard, an
infestation, or a habitat for rodents;
Not Allowed
D. A lack of adequate landscaping, or groundcover
sufficient to prevent blowing dust and erosion;
Not Allowed
E. Tree stump(s) with a trunk diameter greater than six
inches and a height of greater than 2.5 feet. As used
herein "tree stump" means the base part of a tree or the
trunk protruding above ground in which 90% or more
of the foliage or canopy of the tree has been removed.
This prohibition applies to all tree stumps in the City
including those described in Chapters 14.12 (Street
Trees) and in Chapter 14.18 (Protected Trees).
Excepted from this prohibition are trees which are
pollarded in accordance with the American National
Standards Institute (ANSI) A300-2001 standards.
Not Allowed
F. Maintenance of any structure in a state of substantial
deterioration, where such condition would have a
tendency to depreciate the aesthetic and property
values of surrounding properties, including but not
limited to, peeling paint on a façade, broken windows,
damaged porches, broken steps, roofs in disrepair, and
other such deterioration or disrepair not otherwise
constituting a violation;
Not Allowed
9.22.030 Penalties.
Any person who violates the provisions of this chapter shall upon conviction by
guilty of an infraction punishable in accordance with the provisions of Chapter 1.12.
350
- 6 -
9.22.040 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City or authorized law enforcement
officers to prosecute violators of any statute of the State of California or other
ordinances of the City (including the provisions of Chapters 1.09 and
Section 1.12.030 regarding nuisance abatement.)
9.22.050 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating to substandard housing within
six months or the time prescribed in a written notice of violation, whichever is later, the
City Manager or his designee may submit a notice of noncompliance to the Franchise
Tax Board to prohibit individuals, banks and corporations from claiming deductions for
interest, taxes, depreciation or amortization with respect to the substandard housing
pursuant to the provisions of Sections 17274 and 24436.5, as applicable, of the California
Revenue and Taxation Code.
SECTION 2. Cupertino Municipal Code section 19.08.030L of Chapter 19.08 of Title
19 is amended by editing the following definition:
"Living space" means, for the purposes of Chapter 19.112, Accessory Dwelling Units
in R-1, RHS, A and A-1 Zones, the same as that set forth in CA Government Code
Section 65852.2(i).
SECTION 3. Table 19.20.020 of Section 19.12.030 of Chapter 19.12 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
351
7
Table 19.12.030: Approval Authority
Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA. Govt.
Code
65350-65362
Yes - CA. Govt.
Code
65350-65362 Minor G - - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH CA. Govt.
Code
65853 - 65857
Yes - 19.152.020
Minor G - - R F PH Yes -
Zoning Text
Amendments
-
- R F PH
CA. Govt.
Code
65853 - 65857
- - 19.152.030
Specific Plans
-
- R F PH
CA. Govt.
Code
65350-65362
- - 20.04.030
Development
Agreements
- - R F PH CA. Govt.
Code 65867 Yes - 19.144.120
Development Permits
Major F, H - - F/R A1/F PM 19.12.110/
300’
Yes 2 years 19.156.050 Minor G F - A1 A2 PM Yes 2 years
Conditional Use Permits
Major F, H, I F - A1/F/R A1/A2/F PH CA. Govt.
Code 65905
Yes 2 years 19.156.050 Minor G, I F - A1/F/R A1/A2/F PH Yes 2 years
352
- 8 -
Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Temporary F - A1 A2 - None No 1 year 19.160.030
Density Bonus
(Residential) R F Based on concurrent application 19.52
Adult-Oriented
Commercial
Activity (CUP)
- R F PH
CA. Govt.
Code 65905/
300’
Yes 2 years 19.128.030&
19.128.040
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.110/
Adjacent
Yes 2 years 19.168.030 Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 Varies L Depends on
permit being
amended L
Yes 2 years 19.44,
19.144
19.156,
19.164
Minor G F - A1 A2 Varies L Yes 2 years
Minor
Modification F - A1 A2 - None No 2 years 19.164
Hillside
Exception/
Height Exception
/ Heart of the
City Exception I
- - F A1 PH 19.12.110/
300’ Yes 2 years
19.40.080,
19.24.070,
19.136.090
Variance F - A1 A2 PH CA. Govt.
Code 65905 Yes 2 years 19.156.060
353
- 9 -
Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Status of non-
conforming Use - - F A1 PH 19.12.110/
300’ Yes - 19.140.110
Wireless
Antennas I F - F/ A1 A2 Varies I
Depends on
application
type
Yes 2 years 19.136.090
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon, Reader
board &
Freeway
Oriented Signs I
- F F A1 M PM 19.12.110/
300’ No 1 year 19.104
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I
- F - A1 M PM 19.12.110/
Adjacent Yes 1 year 19.104.290
Parking
Exceptions I F F A1 A1 L /A2 Varies N
19.12.110/
Adjacent/
300’ O
Yes 1 year 19.124.050
Fence Exceptions - F - A1 L PM 19.12.110/
Adjacent Yes 1 year 19.48.060
Front Yard
Interpretation F - A1 A2 PM 19.12.110/
Adjacent Yes 1 year 19.08
R1 Ordinance Permits
Two-story I F F F/A1 A1 L /A2 Varies I 19.12.110/ Yes 1 year 19.28.140
354
- 10 -
Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Minor
Residential F - A1 A2 CP Adjacent No 1 year
Exceptions I - F - A1 M PM Yes 1 year
Protected Trees
Tree Removal
F - A1 A2 CP
Adjacent
unless
exempt
Yes 1 year 14.18.180
Heritage Tree
Designation &
Removal
- - F A1 PM 19.12.110/
300’ Yes - 14.18
Tree
Management
Plan
F - A1 A2 - None No - 14.18
Retroactive Tree
Removal F - A1 A2 - None No - 14.18
Reasonable
Accommodation F - A1 A2 - None No 1 year 19.52.050
Extensions P
Parking, Fence
& Sign
Exceptions &
Front Yard
Interpretations
F - A1 A2 - None No 1 year
355
- 11 -
Type of Permit
or Decision A, B
Administrative
Review
Design
Review
Committee
Planning
Commission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
Noticing/
Noticing
Radius D
Posted
Site
Notice
Expiration
Date E
Chapter/
Findings
Neon, Reader
board &
Freeway
Oriented Signs
F A1 A2 - None No 1 year
Two Story
Permits, Minor
Residential
Permits and
Exceptions
F A1 A2 - None No 1 year
Tree Removals F - A1 A2 - - No 1 year
All other
projects F - A1 A2 - 19.12.110/
None No 2 years
Key:
R—Review and recommendation body F — Final decision-making body unless appealed
A1 —Appeal Body on first appeal A2 — Appeal body on second appeal
PH – Public Hearing PM – Public Meeting
CP – Comment Period
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Notes:
A. Permits can be processed concurrently with other applications, at the discretion of
the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of
approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government
Code; Public Meeting: Project types that need only a mailed notice and no
newspaper notices; Comment Period: Project types that need only a mailed notice
and do not need a public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the
maximum expiration date allowed for any one of the development applications (not
including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit
application - for more than ten thousand square feet of commercial and/or industrial
and/or office and/or other non-residential use, or greater than six residential units
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit
application - for ten thousand square feet or less of commercial and/or industrial
and/or office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty
thousand square feet of commercial, and/or greater than one hundred thousand
square feet of industrial and/or office and/or other non-residential use, and/or
greater than fifty residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the
subject property or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval
for all projects that are not a Minor Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned
development zoning district, minor building architectural modifications,
landscaping, signs and lighting for new development, redevelopment or
modification in such zones where review is required and minor modifications of
duplex and multi-family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Appeals of Design Review Committee decisions shall be heard by the City Council.
N. Parking Exceptions approved by the Director of Community Development need a
comment period.
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Parking Exceptions approved by the Design Review Committee need a public
meeting.
O. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones
need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior
boundary of the subject property.
P. Application must be filed prior to expiration date of permit. Permit is extended until
decision of the Approval Body on the extension.
SECTION 4. Section 19.12.080 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.080 Application Process
Unless otherwise specified in this title, all applications for permits, permit
modifications, amendments and other matters pertaining to this Chapter shall be filed
with the Director of Community Development with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and
who have written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the
scope of the proposed project:
1. A complete legal description of the subject property and map showing the
location of the property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or
other structures. Drawings shall indicate building height, colors, materials,
window treatment and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan,
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10. Any property/development with a Homeowner’s Association (HOA) or
Architectural Review Board (ARB) shall provide a letter of approval from said
HOA Board or ARB.
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application.
12. Zoning Map or Text Amendments shall also include information required per
Chapter 19.152.
a. Zoning applications for Planned Development Zoning Districts shall also
include information required per Section 19.80.040;
b. Zoning applications for Multi-Family (R3) Residential shall also include
information required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in
Section 19.44.050H.
13. Planned Development Permit and Development Permit applications shall also
include information required per Section 19.156.010:
14. Conditional Use Permits and Variances shall also include information required
per Section 19.156.020.
15. Density Bonus Permit applications shall also include information required per
Section 19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments
applications shall also include information required per Section 19.116.050.
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution,
no part of which shall be returnable to the applicant.
SECTION 5. Section 19.12.100 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.100 Decision
A. The Approval Authority is granted the authority to make the decision to grant,
deny, or impose conditions or restrictions on a permit or other action on a permit as
well as to conduct and make any decisions necessary for environmental review
under the California Environmental Quality Act.
B. Unless postponed or continued with the mutual consent of the Director of
Community Development and the applicant and written confirmation from the
applicant, a decision shall be rendered:
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1. No later than sixty (60) days following the date the application is deemed
complete and either categorically exempt under the California Environmental
Quality Act (CEQA) or the adoption of a negative declaration or one hundred
and eighty (180) days of certification of an Environmental Impact Report (EIR).
2. Notwithstanding the above, no later than one hundred and fifty (150) days upon
receipt of a complete application for a new personal wireless communication
facility or ninety (90) days upon receipt of an application for collocation of a
personal wireless communication facility/antennas.
SECTION 6. Section 19.12.110 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.110 Noticing.
A. Notice of Public Hearing: Noticing shall be provided in the following manner for
applications that need a public hearing:
1. Notice of hearing shall be given by publication once in a local newspaper of
general circulation not less than ten days prior to the date of the hearing as
provided in Section 65090 of the California Government Code;
2. The City shall mail written notice by first class mail to:
a. Each owner of record of real property within the noticing radius per Section
19.12.030 of the exterior boundary of the property for which the application is
made as the owner of record is shown in the last tax assessment roll pursuant
to Section 65091 of the California Government Code;
b. Owner(s) of subject site or his or her authorized agent
c. Project applicant(s)
d. Local agencies expected to provide water, sewage, streets, roads, schools or
other essential facilities or services to the proposed project;
e. Any individual or entity that has filed a written request with the City Clerk
requesting notification of public hearings
3. If the number of owners to whom notice would be mailed or delivered pursuant
to subsection A2 above is greater than one thousand, in lieu of mailed or
delivered notice, the Director may provide published notice as provided in
Government Code Section 65091(3).
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the exact address is not known;
b. The date on which action on the application will be taken;
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c. A brief description, the content of which shall be in the sole discretion of the
City, of the proposed project;
d. Reference to the application on file for particulars;
e. A statement that any interested person, or agent thereof, may contact the city
for additional information and/or plans.
Typographical and/or publishing errors shall not invalidate the notice nor any City
action related to the notice.
B. Notice of Public Hearing for Zoning Text Amendments:
1. For amendments to zoning regulations: Notice of such hearing (publication) shall
be given in the manner prescribed in Section 19.12.110 A(1) of this chapter.
2. For amendments to permitted uses of real property: Notice (mailing or
publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case
may be.
C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice
shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten
days prior to the date of the meeting date.
D. Notice of Comment Period: For projects requiring notice of a comment period, notice
shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior
to the date of action on the application.
1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the
mailed notice shall include a copy of the site plan and elevation plans of the
proposed project.
2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice
shall include a copy of the site plan and tree replacement/mitigation plan.
E. The City may also give notice of public hearings/public meetings in any other
manner it deems necessary or desirable. If the Director of Community Development
believes the project may have impacts beyond the range of the mailed notice,
particularly on nearby residential areas, the Director, in his or her discretion, may
expand noticing beyond the stated requirements in Section 19.12.030.
Compliance with the procedures set forth in this section shall constitute a good-faith
effort to provide notice, and the failure to provide notice, and the failure of any to
receive notice, shall not prevent the City from proceeding with a hearing, meeting or
from taking any action nor affect the validity of any action.
F. Posted Site Notice:
1. Applicants shall install notice(s) on the subject site that is/are clearly visible and
legible from the right-of-way in accord with the requirements of Table 19.12.030.
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a. Applicants must install a site notice in the front yard of the subject site.
b. For all applications other than Two Story Permits, Residential Design Review
and Tree Removal applications in R1 or R2 zones, if the subject site has more
than one property line abutting a street, the applicant may be required to
install more than one notice.
2. The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and:
a. For Two Story Permits, Residential Design Review, and Tree Removal
applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide.
b. For all other applications that need a site notice, shall be at least 4 feet tall
and 6 feet wide.
3. The notice shall be placed at least 14 days prior to the decision/public hearing
and shall remain in place until an action has been taken on the application and
the appeal period has passed.
4. The notice shall contain the following:
a. The exact address of the property, if known, or the location of the property, if
the address is not known;
b. A brief description of the proposed project, the content of which shall be at
the sole discretion of the City;
c. City contact information for public inquiries;
d. A deadline for the submission of public comments;
e. If proposing a physical alteration to an existing building or new buildings, at
least one of the following visual representations of the proposed project:
i. A color perspective drawing or three-dimensional (3-D) photographic
simulation of the proposed project, in a size deemed appropriate by the
Director of Community Development.
ii. For Two Story Permits and Residential Design Review applications, a color
or black and white perspective drawing or three-dimensional (3-D)
photographic simulation of the proposed project, at least 11 inches by 17
inches in size.
iii. Visual Representation is not required for applications that do not have a
material change in the physical appearance of the property.
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SECTION 7. Section 19.12.180 of Chapter 19.12 of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.12.180 Expiration, Extension and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect,
within the time frame specified in Section 19.12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in the conditions of
permit or variance, unless:
a. A building permit is filed and accepted by the City (fees paid and control
number issued.) In the event that a building permit expires for any reason,
the permit shall become null and void.
b. A permit or variance shall be deemed “vested” when actual substantial and
continuous activity has taken place upon the land subject to the permit or
variance or, in the event of the erection or modification of a structure or
structures, when sufficient building activity has occurred and continues to
occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional
use permit was granted and utilized has ceased or has been suspended for one
year or more, the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this
section, it shall continue to exist for the life of the existing structure or such
structure as may be constructed pursuant to the approval, unless a different time
period is specified in its issuance. A variance or exception from the parking and
loading regulations, and a sign exception shall be valid only during the period of
continuous operations of the use and/or structure for which the variance or
exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval
Authority, be extended for the time frame specified in Section 19.12.030, upon timely
submittal of an application with the Director of Community Development prior to
expiration.
C. Violation. Once a permit or variance is effective, any and all conditions of approval
imposed shall become operative, and the violation of any of them constitute a
violation of this Code.
D. Revocation.
1. Process: In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented,
or where the permit or variance is being conducted in a manner detrimental to
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the public health, safety, and welfare, the Director shall set a date for a public
hearing before the decision maker granting the original permit or variance, and
notice a public hearing in accordance with Section 19.12.110, Noticing, of this
code.
2. Findings: A permit may be revoked or modified if any one of the following
findings can be made:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the
permit had ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any
associated or other use of the property in violation of the law.
In the case of revocation of a sign permit, the sign was abandoned for a period of thirty
days.
SECTION 8. The text prior to Table 19.24.050 in Section 19.24.050 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.24.050 sets forth the rules and regulations pertaining to the development of
structures on property zoned Agricultural (A) and Agricultural-Residential (A-1).
SECTION 9. The text prior to Table 19.28.070 in Section 19.28.070 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.28.070 sets forth the rules and regulations pertaining to the development of
structures on property zoned R1-5, 6, 7.5, 8, 10, 20 etc., and R1-6e in the Single-Family
Residential District.
SECTION 10. The text prior to Table 19.36.070 in Section 19.36.070 of Title 19 of
the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to read
as follows:
Table 19.36.070 sets forth the rules and regulations pertaining to the development of
structures on property zoned multiple-family residential (R-3).
SECTION 11. Chapter 19.40.050 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled, and to read as follows:
19.40.050 Site Development Regulations.
The following guidelines, shown in Table 19.40.050, are a compilation of policies
described in the General Plan and are intended to govern the preparation of
development plans in RHS zones. All provisions of this section, except subsections A, B
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and C, may be deviated from with a Hillside Exception in accordance with Section
19.40.040 and 19.40.070.
Table 19.40.050: Site Development Regulations
A. Density
1. Dwelling Unit
Density
Determined by Appendix F of the General Plan based upon slope
density standards described therein.
2. Transfer of density
credits
Density credits derived from application of a slope density
formula to a lot or a group of lots may not be transferred to
property outside any approved subdivision or parcel map
boundary.
B. Minimum Lot Area
1. By zoning district
symbol:
Lot area shall correspond to the number (multiplied by one
thousand square feet) following the RHS zoning symbol.
Examples:
RHS-20: Minimum lot size of 20,000 square feet (20 * 1,000 s.f.)
RHS-120: Minimum lot size of 120,000 square feet (120 * 1,000 s.f.)
RHS-218: Minimum lot size of 218,000 square feet (218 * 1,000 s.f.)
2. For subdivision Minimum lot area shall be in accordance with Appendix F of the
General Plan, unless clustered in accordance with Section
18.52.030 (Hillside Subdivisions). The minimum lot area shall be
10,000 square feet for each unit in a clustered subdivision.
3. Subdividable lots Lot size zoning designation shall be assigned at time of
subdivision
4. Non-subdividable
legally-created, developed
lots
Shall reflect the existing lot size
C. Minimum Lot Width a. 70 feet at front setback line.
b. No minimum lot width for lots served by private driveway
and which do not adjoin a public street.
D. Development on
Substandard Lots
A Hillside Exception shall be obtained to construct structures or
improvements on existing vacant legal lots.
E. Site Grading
1. Maximum Grading
Quantity
a. Cumulative total of 2,500 cubic yards, cut plus fill.Includes:
grading for building pad, yard areas, driveway and all other areas
requiring grading.Excludes: basements
b. All cut and fill shall be rounded to contour with natural
contours and planted with landscaping which meets the
requirements in Section 19.40.050G
2. Graded Area Shall be limited to the building pad area to the greatest extent
possible
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3. Multiple Driveways Grading quantities shall be divided equally among the
participating lots. E.g., two lots sharing a driveway shall divide
the driveway grading quantity in half. The divided share will be
charged against the grading quantity allowed for that lot
development.
4. Flat Yard Area Limited to a maximum of 2,500 square feet, excluding driveways
E. Site Grading (Cont.)
5. Soil Erosion and
Screening of Cut and Fill
Slopes Plan
A licensed landscape architect shall review grading plans and
shall, in consultation with the applicant and the City Engineer,
submit a plan to prevent soil erosion and to screen cut and fill
slopes.
F. Landscaping
1. Tree Planting Plan Shall be prepared by a licensed landscape architect to:
a. Screen the residential structures to the greatest possible extent
b. Reintroduce trees on barren slopes which were denuded by
prior agricultural activities. Must comply with the Chapter 14.15,
Landscaping Ordinance and Wildland Urban Interface Fire Area
(WUIFA) requirements
2. Landscape
Requirements
3. Installation of
Landscape Improvements
Must be installed prior to final occupancy unless it is not
practicable. If not installed, the applicant shall post a bond, cash or
other security to insure installation within an 18 month period
from occupancy.
4. Landscape
Maintenance
All such landscape areas shall be properly maintained in
conformance with the requirements of Chapter 14.15, Landscape
Ordinance.
5. Native Trees Should be integrated into the site design to the greatest extent
possible.
G. Watercourse Protection
1. Watercourse and
Existing Riparian
Vegetation
Any watercourse identified in Figure HS – 6 in the City's General
Plan and its existing riparian vegetation must be shown on all
development plans.
2. Setback The setback shall be measured from the top of bank of the
watercourses or from existing riparian vegetation, whichever is
greater. The setback from riparian vegetation will be measured
from the drip line perimeter. All new development, including
structures, grading and clearing, must be set back as follows.
a. Lots < 1 acre 50 feet
b. Lots ≥ 1 acre 100 feet
H. Development Near Prominent Ridgelines
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1. New structures Shall not disrupt a 15% site line from a prominent ridge as
identified in Appendix A. The fifteen percent site line shall be
measured from the top of ridge at the closest point from the
structure.
2. Additions to existing
structures within the
15% site line of
prominent ridgeline
May not further encroach into the site line. For example, the
addition may not add height or bulk which may increase the
disruption to the fifteen percent ridgeline site line.
3. Impractible Clause If (1) and (2) above are not practicable, alternatives may be
considered through the exception process.
I. Development on
Slopes of ≥ 30%
Hillside Exception required for all grading, structures and other
development > 500 square feet.
J. Trail Linkages and
Lots Adjoining Public
Open Spaces Site Plan
1. Site plan must identify trail linkages as shown in the General
Plan Trail Plan, on and adjacent to the site.
2. If a trail linkage is identified across a property being
developed, development shall not take place within that area
unless approved through the exception process.
3. For lots adjoining Public Open Spaces, driveways and
buildings shall be located as far as feasible from the Public Open
Space and designed in a manner to minimize impacts on the Public
Open Space.
K. Views and Privacy It is not the responsibility of City Government to ensure the
privacy protection of the building permit applicant or owners of
surrounding properties that may be affected by the structure
under construction. However, the Director of Community
Development may confer with the building permit applicant to
discuss alternate means of preventing privacy intrusion and
preserving views.
19.40.060 Building Development Regulations.
All provisions of this section may be deviated from upon obtaining a Hillside
Exception in accordance with Section 19.40.070.
Table 19.40.060 sets forth the rules and regulations pertaining to the development of
structures on property zoned Residential Hillside (RHS).
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Table 19.40.060: Building Development Regulations
A. Floor Area Ratio (FAR)
1. Maximum
Allowable
Development
Lesser of:
6,500 square feet; or
4,500 square feet plus 59.59 square feet for every 1,000 square feet ov er
10,000 square of net lot area, times the slope adjustment factor pursuant to
Section 19.40.060(A)(2)*
*Formula = (4,500 +
Net Lot Area - 10000
1000 (59.59)) x (Slope Adjustment Factor)
2. Slope
Adjustment
Factor based
on Average
Slope of Net
Lot Area
Avg.
Slope
Reduction (1.5 x
(Average Slope – 0.1))
a. Average
Slope ≤ 10%
No reduction in allowable floor area
Slope Adjustment Factor = 1 ≤ 10% 0%
b. Average
Slope
between
10% and
30%
A reduction in allowable floor area
by one and one-half percent (1.5%)
for each percent of slope over 10
percent.
Slope Adjustment Factor = (1 – (1.5
x (Average slope of net lot area –
0.1))
11% 1.5%
12% 3%
13% 4.5%
14% 6%
15% 7.5%
16% 9%
17% 10.5%
18% 12%
19% 13.5%
20% 15%
21% 16.5%
22% 18%
23% 19.5%
24% 21%
25% 22.5%
26% 24%
27% 25.5%
28% 27%
29% 28.5%
c. Average
Slope ≥ 30%
Allowable floor area shall be
reduced by a constant 30 percent
Slope Adjustment Factor = (1 – 0.3)
≥ 30% 30%
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3. Additional Regulations for Lots Within Clustered Subdivisions where Land is Reserved for
Common Open Space
a. Lot Area for calculating
FAR
May count a proportionate share of the reserved private open space
to arrive at lot area for purposes of calculating FAR.
b. Maximum FAR prior to
slope consideration
No developable lot in a cluster development can exceed forty-five-
percent floor area ratio, prior to applying the slope adjustment
factor, when a portion of the private open space is attributed to the
lot area for calculating FAR
c. Average slope of lot Calculated on the developable lot only.
B. Height of Buildings and
Structures Limited to 30 feet
C. Setbacks
First Floor Second Floor
Habitable Third Floor
(or portions of structures
taller than 20 feet)
1. Front-yard
a. Slope ≤ 20% 20 feet Driveway and
garage must
be designed
to enable
vehicles to
park off-street
25 feet 25 feet
b. Slope > 20% 10 feet 25 feet 25 feet
2. Side-yard
a. Interior Side 10 feet 15 feet 20 feet
b. Street Side on Corner
Lot 15 feet 15 feet 20 feet
3. Rear-yard 20 feet 25 feet 25 feet
D. Second Story Decks and Patios Minimum Setbacks
First Floor Second Floor
Habitable Third Floor
(or portions of structures
taller than 20 feet)
1. Front Yard - 17 feet 17 feet
2. Side Yard - 15 feet 15 feet
3. Rear Yard - 20 feet 20 feet
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E. Downhill Facing Elevation
1. Second Story Downhill Facing Wall Plane Offset
a. Offset from First Floor
Downhill Wall Plane
i. Average of 7 feet 6 inches for 75% of the second story downhill
facing wall plane shall be setback and
ii. Not less than five feet.
iii. The remaining 25% may not extend past the first story wall
plane.
b. Multiple Downhill
Facing Wall Planes Offset shall apply only the primary setback affected.
c. Offset from First Floor
Roofed Porches
i. Offset may be measured from the outside perimeter of first-story
roofed porches.
ii. Roof of the porch must match, in pitch and style, the roof of the
main structure.
iii. Porch must be at least 5 feet in width and extend the length of
the wall on which it is located.
2. Maximum Wall Height on
Downhill Elevation 15 feet
F. Permitted Yard Encroachments
1. Extension of a Legal Non-
conforming Wall Plane for
structures not located within a
prominent ridgeline site line
a. Where a building legally constructed according to existing first
floor yard and setback regulations at the time of construction
encroaches upon present required first floor setbacks, one
encroaching side of the existing structure may be extended along
existing building lines.
b. Only one such extension shall be permitted for the life of the
building.
c. Encroachments into a required yard which are the result of the
granting of a variance may not be further extended.
d. Further encroachment into a required setback is not allowed. I.e.,
a non-conforming setback may not be further reduced.
e. In no case shall any wall plane of a first-story addition be placed
closer than three feet to any property line.
2. Architectural Features
a. May extend into a required yard a distance not exceeding three
feet.
b. No architectural feature, or combination thereof, whether a
portion of a principal or accessory structure, may extend closer than
three feet to any property line.
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G. Accessory Structures
(including attached patio
covers)
As allowed by Chapter 19.100, Accessory Buildings/Structures
H. Design Standards
1. Building and Roof Forms
a. Natural Contours Building shall follow as closely as possible the primary natural
contour of the lot.
b. Building Mass and Roof
Pitches
The main building mass shall be on the upslope side of the building
and the roof pitches shall trend downslope.
c. Second Story Dormers Permitted within the second story setbacks as long as they are
minor in shape and size.
d. Downhill Elevation of
main structure
Shall have a minimum of four offset building and roof elements to
provide varied building forms to produce shadow patterns which
reduce the impact of visual mass.
e. High Wall Planes
Wall planes exceeding one story or 20 feet in height, whichever is
more restrictive, shall contain architectural elements in order to
provide relief and to break up expansive wall planes.
2. Colors
a. Natural Earth Tones
All structures on the lot shall use natural earth tone and/or
vegetation colors which complement the natural surroundings.
Natural earth-tone and vegetation colors include natural hues of
brown, green and shades of gray.
b. Reflectivity Value Shall not exceed 60 on a flat surface
3. Outdoor Lighting All outdoor lighting shall be identified on the site development
plan.
a. Tennis Court and Other
Recreational Purposes High-intensity lights not permitted.
b. Motion-activated
Security Lights
1. Shall not exceed 100 watts and
2. Must be shielded to avoid all off-site intrusion.
c. Other lighting Must be directed to meet the particular need.
I. Geologic and Soils Reports
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1. Applicability
A geological report prepared by a certified engineering geologist
and a soils report prepared by a registered civil engineer qualified
in soils mechanics by the State shall be submitted prior to issuance
of permits for construction of any building or structure which:
a. Is located on property in an RHS zoning district which has been
designated by the General Plan to be within a geological hazard
area; and
b. Where an addition, alteration or repair of an existing building or
structure include at least one of the following:
i. The improvements include increasing the occupancy capacity
of the dwelling such as adding a bedroom or secondary unit, or
ii. The cost of the completed addition, alteration or repairs will,
during any period of twelve months, exceed twenty-five percent of
the value of the existing improvements as determined by the
building official based on current per foot value of the proposed
structure to the existing structure's value on a parcel of property.
For the purposes of this section, the value of existing improvements
shall be deemed to be the estimated cost to rebuild the
improvements in kind, which value shall be determined by the
building official.
2. Content of Reports
These reports shall contain, in addition to the requirements
of Chapter 16.12 of this code, the following:
a. All pertinent data, interpretations and evaluations, based upon
the most current professionally recognized soils and geologic
data;
b. The significance of the interpretations and evaluations with
respect to the actual development or implementation of the
intended land use through identification of any significant
geologic problems, critically expansive soils or other unstable soil
conditions which if not corrected may lead to structural damage
or aggravation of these geologic problems both on-and off-site;
c. Recommendations for corrective measures deemed necessary to
prevent or significantly mitigate potential damages to the
proposed project and adjacent properties or to otherwise insure
safe development of the property;
d. Recommendations for additional investigations that should be
made to insure safe development of the property;
e. Any other information deemed appropriate by the City Engineer.
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3. Incorporation of
Recommendations
All building and site plans shall incorporate the above-described
corrective measures and must be approved by the City Engineer,
prior to building permit issuance.
J. Private Roads and Driveways
1. Pavement Width and
Design
The pavement width and design for a private road or common
driveway serving two to five lots and a single-lot driveway shall
comply with development standards contained in the Hillside
Subdivision Ordinance, Chapter 18.52 of this code.
2. Reciprocal Ingress/Egress
Easement and Reciprocal
Maintenance Agreement
The property owner for a lot served by a private road or common
driveway shall, prior to issuance of building permits, record an
appropriate deed restriction guaranteeing the following, to
adjoining property owners who utilize the private road or common
driveway for the primary access to their lot(s):
a. Reciprocal ingress/egress easement, and
b. Participation in a reciprocal maintenance agreement.
K. Solar Design
The setback and height restrictions provided in this chapter may be
varied for a structure utilized for passive or active solar purposes,
provided that no such structure shall infringe upon solar easements
or adjoining property owners. Variation from the setback or height
restrictions of this chapter may be allowed only upon issuance of an
Administrative Conditional Use Permit subject to Chapter 19.12.
SECTION 10. Row 29 of Table 19.60.030 of Section 19.60.030 in Chapter 19.60.030
of Title 19 of the Cupertino Municipal Code is hereby amended to be read as follows:
19.60.030 Permitted, Conditional and Excluded Uses.
Permitted, Conditional and Excluded Uses that may be conducted from property zoned
general commercial (CG), are identified in Table 19.60.030, Permitted, Conditional and
Excluded Uses in General Commercial Zoning Districts below.
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning
Districts
Uses CG
29. Automotive service stations, automobile washing facilities CUP - PC
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SECTION 11. Row 14 of Table 19.64.020 of Section 19.64.020 in Chapter 19.64.020
of Title 19 of the Cupertino Municipal Code is hereby amended to read as follows:
19.64.020 Permitted, Conditional and Excluded Uses in Office and Industrial Zones.
Table 19.64.020 sets forth the Permitted, Conditional and Excluded Uses in Office and
Industrial zones.
Table 19.64.020: Permitted, Conditional and Excluded Uses in Office and Industrial Zones
Uses Zoning Districts
OA OP MP ML ML- rc
14. Automotive service stations, automobile washing
facilities;
- - - CUP -
PC
-
SECTION 11. Chapter 19.112.030 of Title 19 of the Cupertino Municipal Code is
hereby amended to be numbered, entitled, and to read as follows:
19.112.030 Site Development Regulations.
Site Development Regulations for Accessory Dwelling Units are as identified in Table
19.112.030.
Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Detached Conversion of portions of
existing structures to an
accessory dwelling unit
New addition to existing
accessory dwelling unit and
new accessory dwelling unit
A. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size
a. Lots < 10,000 50 percent of the existing living space of the principal
dwelling unit or 800 s.f. , whichever is more restrictive.
800 s.f.
b. Lots 10,000 50 percent of the existing living space of the principal
dwelling unit or 1,200 s.f., whichever is more restrictive.
1,200 s.f.
B. Second-story
accessory dwelling
unit
Allowed if the unit:
1. Is a conversion of existing second story portions of the
principal dwelling unit; and
2. Complies with applicable landscape requirements to
adjoining dwellings consistent with Section 19.28.120
Not
allowed
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Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Detached Conversion of portions of
existing structures to an
accessory dwelling unit
New addition to existing
accessory dwelling unit and
new accessory dwelling unit
C. Parking
1. Parking for
accessory dwelling
unit
None One additional off-street parking space
shall be provided, if the principal dwelling
unit has less than the minimum off-street
parking spaces for the applicable
residential zoning district in which it is
located, as required in Chapter 19.124
unless the unit meets the following
requirements:
a. Is within one-half (1/2) mile of a public
transit stop; or
b. Located in an architecturally and
historically significant historic district; or
c. Occupant of the ADU is not
allowed/offered a required on-street
parking permit; or
d. Located within one block of a car share
vehicle pick-up location.
2. Replacement
parking spaces
when new
accessory dwelling
unit converts
existing covered,
uncovered or
enclosed parking
spaces required for
the principal
dwelling unit
a. Replacement spaces must be provided for the principal dwelling unit
to meet the minimum off-street parking spaces for the applicable
residential zoning district in which it is located, as required in Chapter
19.124.
b. Replacement spaces may be located in any configuration on the same
lot as the accessory dwelling unit, including but not limited to covered
spaces, uncovered spaces, tandem spaces or by use of mechanical
automobile parking lifts.
c. Any replacement parking spaces provided must comply with the
development regulations for the applicable zoning district in which it is
located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
D. Direct outside
access
1. Independent outdoor access must be provided without going
through the principal dwelling unit.
2. Where second-story accessory dwelling units are allowed, entry shall
not be provided by an exterior staircase.
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Table 19.112.030: Site Development Regulations for Accessory Dwelling Units
Attached to Principal Dwelling Unit
Detached Conversion of portions of
existing structures to an
accessory dwelling unit
New addition to existing
accessory dwelling unit and
new accessory dwelling unit
E. Screening from
public street
All access to accessory dwelling units shall be screened from a public
street.
SECTION 11. Sections 19.116.030 through 19.116.060 of Chapter 19.116 of Title 19
of the Cupertino Municipal Code is hereby amended to be numbered, entitled, and to
read as follows:
19.116.030 General Regulations.
A. Community Impacts.
1. Residential Displacement.
a. i. In no case shall an apartment project be converted to a common interest
development unless and until it can reasonably be demonstrated that comparable
replacement housing exists within the housing market area to accommodate those
residents displaced as a direct result of the proposed conversion. The developer shall
provide a relocation/displacement plan which illustrates that sufficient replacement
housing is available in the housing market area within a price range which is equal to or
is less than twenty-five percent of the household income of the tenants to be displaced,
or not to exceed the rent being paid for the existing rental unit to be converted,
whichever is higher.
ii. As used in this section "housing market area" means that area bounded by
Fremont Avenue located in the City of Sunnyvale, to the north, Lawrence Expressway
to the east, Prospect Road to the south, hence along a line generally following the
westerly boundary of the Cupertino Urban Service Area northerly to Highway 280,
hence easterly along Highway 280 to Foothill Boulevard, hence northerly along Foothill
Boulevard to Homestead Road, hence easterly along Homestead to Highway 85, hence
northerly along Highway 85 to Fremont Avenue.
b. Replacement housing must be shown to meet any special needs of disabled
tenants, which are presently available in the project proposed to be converted, such as
facilities for the handicapped, elderly, families with children, and availability of public
transportation for the elderly or residents who do not own an automobile. The plan
shall also demonstrate that all other provisions relating to tenant protection addressed
in the chapter have been fulfilled.
c. A developer may meet the above requirements through the provision of
mitigating factors to diminish the number and/or aid relocation of, displaced tenants
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within the project. Such mitigating measures may include, but are not limited to,
discounting the price of project units to tenant buyers, offering a moving allowance,
extending leases, or providing below-market-rate units.
d. Notwithstanding the above provisions, in no case shall an apartment house be
converted to a common interest development when the vacancy rate for apartment
houses within the housing market area is less than five percent at the time of application
and has averaged five percent over the past six months as determined by surveys
conducted by the Director of Community Development.
1. Conformity with the General Plan. No conversion of apartment houses to
community houses to common interest developments shall be permitted unless and
until the City Council of the City of Cupertino finds that the proposed conversion will
not conflict with the housing goals and policies of the General Plan and will not
adversely impact the local school system.
2. Prohibition of Discriminating Against Prospective Buyers with Children. In no
case shall a common interest development which has been converted, and which can
reasonably accommodate children, as determined in each case by the City Council, limit
initial sales to households or individuals without children.
B. Tenant Protection.
1. The developer shall provide each tenant an irrevocable, nontransferable,
preemptive right to purchase a unit or right of exclusive occupancy at a price not
greater than the price offered to the general public for such unit. Such right shall be
irrevocable for a period of ninety days after the commencement of sales or the issuance
of the final public report by the real estate commissioner. Tenants shall have the right
to the unit presently occupied and then to other units in the project only after they have
been declined for purchase and vacated by the occupying tenants. In no case shall an
existing tenant have a preemptive right to more than one unit.
2. The developer shall offer a ninety-day extension of tenancy after the expiration
of a lease or rental agreement which would expire prior to or at the time of
commencement of sales or issuance of the final public report by the real estate
commissioner.
3. The developer shall permit a tenant to terminate any lease or rental agreement
without any penalty whatsoever after notice has been given of the intention to convert
to a common interest development if such tenant notifies the developer in writing thirty
days in advance of such termination.
C. Buyer Protection. The developer shall furnish each prospective purchaser of a
unit, a true copy of the conditional use permit issued under this chapter and a copy of
each of the following informational documents (the permit and documents shall be
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printed in Spanish or the purchaser's native language if requested):
1. Property report;
2. Structural pest control report;
3. Structural report and building department report;
4. Building history report;
5. Statement of compliance (Form 643) pursuant to 10 California Administrative
Code, Section 2792.9, or its successor, relating to operating and maintenance funds
during startup;
6. Soils report as determined in each case by the Director of Planning and
Development;
7. Certificate of compliance and occupancy.
D. Building and Site Improvements.
1. All private streets, driveways and parking areas for the common interest
developments shall be improved and constructed with a structural section and site
dimensions in accordance with the standards of the City of Cupertino and shall be
designed to ensure that access for municipal services shall not be denied any dwelling
unit therein by reason of deteriorated or impassable private streets, driveways or
parking areas, as determined by the Director of Public Works or his or her designee.
2. Sewage collection and water distribution lines on private property and property
under common ownership shall be covered by one of the following responsibilities.
a. All lines owned and maintained by the corporations shall be constructed to the
City of Cupertino Standard Specifications for Public Works. Water metering and billing
shall be provided at each individual townhouse lot as well as for the entire
development using a master meter. The difference between the sum of the individual
meters and the reading of the master meter will be billed to the corporate structure. A
separate sewer lateral shall be provided to serve each individual parcel.
b. All lines to be owned and maintained by the City of Cupertino, a private water
utility and/or the Cupertino Sanitary District shall be placed in asphalt concrete
driveways, or a covered concrete line trench, acceptable to the Director of Public Works,
or appropriate representation of the private water utility or sanitary district (with the
necessary public utility easement running through the project) so as to provide
accessibility for the maintenance of the lines. A water meter and sewer lateral shall be
provided to serve each individual parcel.
c. In cases of conversion to a common interest development not involving
individual ownership of separate parcels (e.g., community apartments, stock
cooperatives, planned developments, etc.), separate utility services will not be required.
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In these cases, utilities will be billed to the homeowners association and a cash deposit
to secure payment of the bill will be required.
3. Undergrounding Requirements. All structures being converted from individual,
corporate or partnership ownership of apartment houses to common interest
developments shall, within the exterior boundary lines of such property, have all
electrical, communication and similar distribution, service wires and/or cables placed
underground.
4. Compliance with Codes. The design, improvement and/or construction of a
common interest development shall conform to and be in full accordance with all
requirements of all building, fire and housing codes, zoning provisions and other
applicable local, State or federal laws or ordinances relating to protection of public
health and safety, in effect at the time of the filing of the tentative map. Also, any
violations of the latest adopted edition of the Uniform Housing Code as prepared by the
International Conference of Building Officials, or its successor, relating specifically to
provisions protecting health and safety of residents, shall be corrected, and any
equipment or facilities which the Building Official determines are deteriorated or
hazardous shall be repaired or replaced. In particular, the developer shall repair or
replace any damaged or infested areas in need of repair or replacement as shown in the
structural pest report. The interpretation of what constitutes a hazard to public health
and safety shall be made by the Director of Community Development, or his or her
designee.
5. Separate Metering. The consumption of gas and electricity within each dwelling
unit shall be separately metered so that the unit owner can be separately billed for each
utility. The requirements of this subsection may be waived where the Director of
Community Development finds that such would not be practical or reasonable. In all
cases, a water shutoff valve shall be provided for each unit.
6. Shock Mounting of Mechanical Equipment. All permanent mechanical
equipment, including domestic appliances, which is determined by the building official
to be a source or a potential source of vibration or noise, shall be shock-mounted,
isolated from the floor and ceiling, or otherwise installed in a manner approved by the
Building Official to lessen the transmission of vibration and noise.
7. Separate Electrical Panel Boards. Each unit shall have its own panel board of
adequate capacity to accommodate all electrical outlets which serve that unit.
8. Impact Sound Insulation. The applicant/owner shall demonstrate that wall and
ceiling assemblies conform to the sound insulation performance criteria promulgated in
Title 25, California Administrative Code, Section 1092, or its successor, and that any
floor covering which is replaced similarly provides the same or greater insulation
qualities.
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9. Storage Requirements. Private, enclosed, weatherproofed and lockable outdoor
storage space shall be provided for each dwelling unit according to the following
schedule:
Number of Bedrooms Minimum Space
in Cubic Feet Least Dimension
Studio or 1 150 2 feet
2 200 2 feet
3 250 2 feet
4 300 2 feet
The above space shall be provided in the garage or parking area or contiguous to
each unit. This requirement may be waived by the Director of Community
Development if it is determined that sufficient storage space exists to reasonably attain
this standard.
10. Private and Common Area Open Space. The adequacy of open space shall be
reviewed in terms of area and privacy standards. Private outdoor space shall be
provided for each unit, where practical. The amount of space shall be determined in
each case by the size of the unit and amount of common open space. Adjoining units
shall be redesigned or landscaped in such a manner so as to preclude visual intrusion
into private outdoor yards or interior spaces, where practical.
11. Noise Mitigation. Appropriate site design and construction techniques shall be
utilized to ensure isolation from excessive noise sources outside of the project boundary
and to ensure acoustical privacy between adjoining units. If the Director of Community
Development determines that an excessive external noise source exists, the developer
shall retain an acoustical engineer to evaluate the noise impact on the proposed
residential development and develop mitigation measures. The construction shall
comply with the applicable City ordinances and State codes relating to sound
transmission control to ensure acoustical privacy between adjoining dwelling units.
12. Interim Maintenance Standards. The developer shall be responsible for
improving and maintaining the structures and landscaping in accordance with the
approved architectural and landscaping plans and good maintenance practices prior to
turning them over to the homeowners association. A performance bond shall be
collected to ensure compliance with this requirement.
19.116.040 Parking.
A. Off-Street Parking. The project shall provide parking consistent with the multi-
family zoning district and the owner shall demonstrate that additional spaces exist to
reasonably accommodate guest parking.
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B. Applicability of City Ordinances Regulating Parking of Trailers and Recreational
Vehicles, Etc. Chapter 19.124, regulating parking and trailers, repairing vehicles, etc.,
shall apply to the private street(s) and to all parking along such street(s). The parking of
recreational vehicles such as boats, trailers, etc., shall be prohibited throughout the
entire development unless such parking is within an enclosed area. Vehicular curb
parking along the private street(s) shall be prohibited except in designated areas.
Appropriate "No Parking" signs shall be installed by the applicant.
19.116.050 Application Requirements.
A. In addition to the requirements of Title 18 of this code (Subdivisions) and the
Subdivision Map Act, an application for the conversion of rental housing into any
common interest development shall require the submittal of the following data, which
data must be submitted to the Director of Community Development at the same time
the tentative map is submitted:
1. A complete legal description of the property;
2. Certification that all tenants in any buildings or structure proposed to be
converted have been notified individually and in writing prior to the time of filing an
application hereunder;
3. A boundary map showing the existing topography of the site and the location of
all existing easements, structures and other improvements, and trees over four inches in
diameter;
4. The proposed organizational documents. In addition to such covenants,
conditions and restrictions that may be required by the Bureau of Real Estate of the
State of California pursuant to Title 6 (Condominiums) of the Civil Code or other State
laws or policies, the organization documents shall provide for the following:
a. Conveyance of units,
b. Assignment of parking and management of common areas within the project,
c. A proposed annual operating budget containing a sinking fund to accumulate
reserve funds to pay for major anticipated maintenance, repair or replacement
expenses,
d. FHA regulatory agreement, if any,
e. The most recent balance sheet of the association,
5. A provision that the annual assessments to members of any association shall
provide for penalties for late payments and reasonable attorney's fees and costs in the
event of default of the members;
6. A provision that allows the association to terminate the contract of any person or
organization engaged by the developer to perform management or maintenance duties
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after any association assumes control of the project or any time thereafter;
7. A property report describing the condition and estimating the remaining useful
life of each of the following elements of each structure situated within the project
proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical
systems, electrical systems, plumbing systems, including sewage systems, sprinkler
systems for landscaping, utility delivery systems, central or community heating and air
conditioning systems, fire protection systems including any automatic sprinkler
systems, alarm systems, or standpipe systems, and structural elements. Such report
shall be prepared by a registered civil or structural engineer, or a licensed general
building contractor or general engineering contractor;
8. A structural pest report prepared by a licensed structural pest control operator
pursuant to Section 8516 of the CA Business and Professions Code, relating to written
reports on the absence or presence of wood-destroying pests or organisms;
9. A structural report describing the physical elements of the project that also
identifies any structural elements which are known to be structurally defective or
unsafe so as to impose a hazard to the health and safety of the occupants or users of the
improvements, with the final map submittal. The Director of Community Development
shall maintain a form containing a reasonable list of physical elements to be described in
the report, which form shall be made available to the applicant. The applicant shall
arrange for project inspections by the Building Department to verify the accuracy of the
deficiencies noted in the structural report. The Building Official shall prepare a report
detailing building code deficiencies or other health and safety deficiencies which must
be corrected prior to sale of units of occupancy;
10. A building history report including the following:
a. The date of construction of all elements of the project,
b. A statement of the major uses of the project since construction,
c. The date and description of each major repair of any element since the date of
construction,
d. The date and description of each major renovation of any element since the
date of construction,
e. A statement regarding current ownership of all improvements and underlying
land,
f. The name and address of each present tenant of the project,
g. Failure to provide information required by subsections A1 through A6 of this
section, inclusive, shall be accompanied by an affidavit, given under penalty of perjury,
setting forth in detail all efforts undertaken to discover such information and all reasons
why such information cannot be obtained;
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11. A rental history detailing the size in square footage, the current or last rental
rate, the monthly rental rate for the preceding two years, and the monthly vacancy over
the preceding two years of each rental unit proposed to be converted;
12. Condominium Plan. The application for final subdivision map shall include a
copy of the condominium plan prepared pursuant to the CA Civil Code, Section 1351.
The plan shall be submitted for the information of the local governing body and need
not be part of the subdivision map;
13. Project Organization. A written description regarding the proposed project
organization including the use and control of the common elements and recreation
facilities within the project shall be submitted with the tentative map. The statement
shall detail any proposed control of common facilities to be retained by the developer or
to be owned or maintained by any other organization other than the homeowners
association or unit owners.
14. True Copy of Application for Final Public Report and Supplemental
Questionnaire. The application shall include the following information, except that if the
information required to be furnished below is not available at time of application, as a
condition of approval of the permits issued pursuant to this Chapter, the developer
shall provide this information to the City within ten days of issuance by the Bureau of
Real Estate:
a. A true copy of each application submitted to the Bureau of Real Estate of the State
of California for issuance of a final public report for the project proposed for conversion,
including all attachments and exhibits required pursuant to Section 11011 of the
Business and Professions Code.
b. A true copy of the statement of compliance (Form 643, as amended) pursuant to
10 California Administrative Code, Section 2792.9, or its successor, relating to operating
and maintenance funds during the early stages of ownership and operation by the
homeowner’s association.
c. A statement whether the developer will provide any capital contribution to the
homeowner’s association for deferred maintenance of the common areas, and if so, the
sum and date on which the association will receive said sum;
d. A true copy of the supplemental questionnaire for apartments converted to
common interest developments submitted to the Bureau of Real Estate of the State of
California, including all attachments and exhibits.
15. Relocation Displacement Plan. A relocation displacement plan shall detail the
number of residents which will be displaced as a result of the proposed conversion and
document the reasonable availability of comparable replacement housing in the
Cupertino area within a rental range equal to the range which the tenants have paid as
detailed in a rental report (See Section 19.116.050A11) or within a price range which is
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equal to or less than twenty-five percent of the income range of each household to be
displaced as a result of the conversion whichever is higher. Additionally, replacement
housing must be shown to meet any special needs, which are presently available in the
project, of displaced tenants such as facilities for the handicapped, elderly, households
with children, and availability of public transportation for the elderly or resident buyers
who are temporarily displaced pending completion of improvements to the units being
purchased;
16. Soils Report. A true copy of the soils report originally prepared for the subject
property. In cases where a soils report has never been prepared or when information in
previous reports is considered insufficient, then the developer shall provide a soils
report prepared by a registered civil engineer, or equivalent, which details information
as determined by the Director of Public Works;
17. All information required by Chapter 18.16 or Chapter 18.20, as the case may be,
Chapter 19.12, Chapter 19.80, and such information which the Planning Commission or
the Director of Community Development determines is necessary to evaluate the
proposed project.
19.116.060 Application Procedures.
A. Zoning. Any apartment house project proposed to be converted to a common
interest development shall be rezoned to the R1C (single-family cluster) or P(Res)
(planned development project with residential intent) zoning district.
B. Use Permit and Tentative Map or Parcel Map Required. No conversion shall be
permitted unless and until a conditional use permit and tentative map or parcel map
has been applied for and issued pursuant to and in accordance with the provisions of
this chapter and the requirements of the Subdivision Map Act or its successor.
C. Property and Structural Pest Report.
1. After reviewing the property, structural and structural pest reports required to
be submitted pursuant to Section 19.116.050A8 and inspecting the structures situated
within the project when he or she deems such inspection necessary, the Building Official
shall identify all items if evidenced by such reports and/or inspection to be hazardous to
the life, health or safety of the occupants of such structure within the project, or the
general public. Each permit issued hereunder shall require all of such items to be
corrected to the satisfaction of the Building Official.
2. The Building Official shall review the property report and may require its
revision and resubmission if he or she determines that substantial evidence shows that
any statement therein is without foundation or fact. The report may be revised to reflect
improvement, repair or replacement.
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D. Project Organization Document Review. The project organization documents shall
be submitted to the City Attorney for a determination that such documents comply with
the requirements of this chapter and the applicable State laws.
E. Compliance with Housing, Building Codes and Fire Regulations. If the proposed
project does not comply with the provisions of the State of California Uniform Building
Code and regulations of the Santa Clara Central Fire Protection District, and/or the
Building Official identifies items to be corrected as provided in the above, any use
permit issued pursuant to this part shall require the developer to furnish a bond, in a
penal amount equal to the reasonable estimated cost to bring their project into
compliance with such codes, such fire regulations and/or such identified items to be
corrected. The bond shall run in favor of the individual purchasers and the homeowners
association and shall provide for reasonable attorney's fees in the event of default by the
principal. The City shall hold the bond pending issuance of the certificate of completion.
F. Public Hearings.
1. The City Council is the approval authority for condominium conversion
applications with a recommendation for approval or denial from the Planning
Commission.
2. If the City Council approves the proposed conversion, the applicant will be
required to submit detailed plans with an application for Architectural and Site
Approval for any exterior alterations or improvements to the buildings and/or
landscaping. The Planning Commission will make a final recommendation to the City
Council regarding the improvements. The City Council's final action will be a review of
the architectural plan to determine approval or denial of the project.
3. The final map for the project will be reviewed in compliance with Title 18,
Subdivisions of the Municipal Code.
G. Letter Certifying Compliance. The Director of Community Development shall
cause a final inspection of all buildings and structures to be made, upon request by the
developer, to determine that the requirements of this chapter have been fulfilled. The
Building Official shall then mark the inspection report to show the corrections, repairs
and replacements which have been made. If complete, the Director will cause to be
issued a letter certifying compliance with all of the conditions and approvals and with
this title and authorize sale and/or occupancy of the units. No building or unit applied
for under this chapter shall be sold without the letter certifying compliance and
approving occupancy.
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SECTION 12: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 13: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 14: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 15: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day
of ___________ 2016 and ENACTED at a regular meeting of the Cupertino City Council
on this ____ of __________ 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
386
Attachment 3: Policies of Surrounding Cities Regarding Storage Containers
Cities If visible from public right-of-way/sidewalk
Sunnyvale Not allowed
Mountain View Only allowed during active building construction and as approved by Building Official with active
building permit.
Palo Alto Only allowed for ninety (90) days at an active construction site with valid building permit
Subject to Accessory Structure setbacks (not within the front yard.)
Campbell In conjunction with active building permit as approved by the Building Official.
One (1) year from date of installation
Los Gatos Up to seventy-two (72) hours and no more than two (2) occasions in a calendar year; or
When engaged in ongoing construction activity, with an active building permit.
Los Altos No more than three days (72 hours) in one week
Saratoga No more than five (5) consecutive days and not in excess of a total of eighteen days in any calendar year.
Cupertino Existing: Not allowed
Proposed: Not allowed in excess of up to fifteen (15) days and no more two (2) occasions in a calendar
year
387
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2594 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:5/3/2017 City Council
On agenda:Final action:7/5/2017
Title:Subject: Designation of voting delegate and alternates for League of California Cities Annual
Conference, September 13-15, Sacramento
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Conference Information
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Designation of voting delegate and alternates for League of California Cities Annual
Conference, September 13-15, Sacramento
Designate a voting delegate and up to two alternates for League of California Cities Annual
Conference, September 13-15, Sacramento
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: July 5, 2017
Subject
Designation of voting delegate and alternates for League of California Annual
Conference, September 13-15, Sacramento.
Recommended Action
Designate a voting delegate and up to two alternates.
Discussion
The League’s 2017 Annual Conference is scheduled for September 13-15 in Sacramento.
An important part of the Annual Conference is the Annual Business Meeting (at the
General Assembly), scheduled for noon on Friday, September 15, at the Sacramento
Convention Center. At this meeting, the League membership considers and takes action
on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, Council must designate a voting
delegate. Council may also appoint up to two alternate voting delegates, one of whom
may vote in the event that the designated voting delegate is unable to serve in that
capacity.
Sustainability Impact
None
Fiscal Impact
Full registration for the conference is $600 before August 11 and $650 after that date.
There would be an additional car and hotel expense since this conference is in
Sacramento.
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: A - Conference Information
389
May 3, 2017
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference – September 13 – 15, Sacramento
The League’s 2017 Annual Conference is scheduled for September 13 – 15 in Sacramento. An
important part of the Annual Conference is the Annual Business Meeting (during General
Assembly), scheduled for 12:30 p.m. on Friday, September 15, at the Sacramento Convention
Center. At this meeting, the League membership considers and takes action on resolutions that
establish League policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to the League’s office
no later than Friday, September 1, 2017. This will allow us time to establish voting
delegate/alternate records prior to the conference.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
• Action by Council Required. Consistent with League bylaws, a city’s voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken, or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
• Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. To register for the conference, please go to our website:
www.cacities.org. In order to cast a vote, at least one voter must be present at the
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Council Action Advised by July 31, 2017
390
Business Meeting and in possession of the voting delegate card. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Sacramento
Convention Center, will be open at the following times: Wednesday, September 13, 8:00 a.m. –
6:00 p.m.; Thursday, September 14, 7:00 a.m. – 4:00 p.m.; and Friday, September 15, 7:30 a.m.–
Noon. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be
closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, September 1. If you have questions, please call Carly Shelby at
(916) 658-8279.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
391
Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may
pick up the city's voting card at the Voting Delegate Desk in the conference registration
area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they
will receive a special sticker on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates), and who have picked up their city’s voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a designated area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
392
2017 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday, September 1, 2017.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must
be designated by your city council. Please attach the council resolution as proof of designation. As an
alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this designated area will be limited to individuals (voting delegates and
alternates) who are identified with a special sticker on their conference badge. This sticker can be
obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: E-mail
Mayor or City Clerk Phone:
(circle one) (signature)
Date:
Please complete and return by Friday, September 1, 2017
League of California Cities FAX: (916) 658-8240
ATTN: Carly Shelby E-mail: cshelby@cacities.org
1400 K Street, 4th Floor (916) 658-8279
Sacramento, CA 95814
CITY:________________________________________
393
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2029 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:7/5/2017
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council7/5/2017 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 6/28/2017Page 1 of 1
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