EXC-2016-07 - amended hillside exception Lindy Lane.doc As Amended at Planning Comm. Meeting September 26, 2017
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6840
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF
A NEW SINGLE-FAMILY RESIDENCE WITH A REDUCED MASS AND SCALE, INCLUDING A FLOOR AREA RATIO OF APPROXIMATELY 25% ON SLOPES
GREATER THAN 30% LOCATED AT LOT 1 LINDY LANE, APN# 356-25-031
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2016-07
Applicant: Glush Dada
Location: Lot 1 Lindy Lane (APN 356-25-031)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permit for a Two-Story Permit for the construction of a new two story 8,962.7 square
foot residence at Lot 1 Lindy Lane, APN# 356-25-031, as identified in Section I of this Resolution; and
WHEREAS, the necessary public notices were given as required by the Procedural Ordinance 19.08 of the City of Cupertino, and the Planning Commission held a public hearing on September
_26, 2017 to consider the application and hear public testimony; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, prior to the Planning Commission meeting the Environmental Review Committee heard the item on July 27, 2017 during which it reviewed the Draft Mitigated Negative Declaration,
received public comments, and recommended
adoption of a Mitigated Negative Declaration on a 5-0 vote, with minor modifications; and
WHEREAS, on September 26, 2017 the Planning Commission adopted the Initial Study/Draft MND as the Final Initial Study/Mitigated Negative Declaration for the project after adopting
all the identified mitigation measures as conditions of approval for the project; and
WHEREAS, on September 26, 2017 the Planning Commission, found the proposed scale of the home to be incompatible and not in harmony with the surrounding neighborhood, due to its large
size and adverse visual impacts in the neighborhood; and
WHEREAS, the Applicant agreed with the Planning Commission to work with City staff to implement changes to the Project, including reducing the project scope to make it more consistent
with a Floor Area Ratio (FAR) of approximately 25%, and avoiding potential visual impacts that might be associated with the development; and
WHEREAS, since adoption of the Final Mitigated Negative Declaration (“MND”) and approval of a Hillside Exception for the Project on September 26, 2017, the Project has been modified
to reduce the massing and size of the home, and widen the private roadway to a width between 18’-20’, where reasonbale; and
WHEREAS, the modifications to the Project may result in a reduction in the size of the project, which will not have any new or substantially more severe significant effects on the environment
requiring major revisions to the MND; therefore, no subsequent environmental impact report, subsequent MND or addendum is required; andWHEREAS, the Planning Commission finds as follows
with regard to this application:
The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety.
The proposed site is situated on the northside of Lindy Lane. The previously undeveloped lot is surrounded by existing hillside single-family residences. A geotechnical study has been
conducted for the proposed project and all recommendations of the geotechnical consultant have been incorportated into the development conditions of the approval. In addition, the development
is required to meet the Best Management Practices (BMPs), as required by the State Water Resources Control Board and the Bay Area Air Quality Management District’s (BAAQMD) air quality
standrads for construction activities. The project is also required to adhere to the City’s C.3 Municipal Permit for stormwater runoff management. Therefore, the development will not
be injurious to property or improvements in the area nor be detrimental to the public health and safety.
The proposed development will not create a hazardous condition for pedestrian or vehicular traffic.
The proposed residence will be serviced by a new driveway located off of an existing shared private driveway. A portion of the private road is located on the subject site. The location
of the driveway is not unique from the location of the driveways of other properties that share the private driveway. The addition of the driveway for one single family home is not
expected to create a hazardous condition for pedestrian or vehicular traffic. During construction, the developer must also submit a traffic control plan by a Registered Traffic Engineer
to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction.
Therefore, the development will not create a hazardous condition for pedestrian or vehicular traffic.
The proposed development has legal access to public streets and public services are available to serve the development.
The property will be accessed by a shared private road off of Lindy Lane as required as a condition of approval of the Tentative Map approval for the creation of this parcel. A shared
maintenance agreement is already recorded for the maintenance and use of the private road. In addition, sewer and water connections are available in the street. Therefore, the development
has legal access to public streets and public services to serve the development.
The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations necessary to accomplish a reasonable use of the
parcel.
As the parcel is steep, with an average slope of 36%, any development onsite that affects more than 500 square feet of the slope (e.g. any home, structure or driveway construction in
an area over 500 s.f.) would require a Hillside Exception. The site is constrained by a slope easement, tree removal restrictions, and mandated driveway access restrictions that limit
areas on the parcel where development may occur. The siting and design of a proposed house will follow the contours of the site to minimize grading, minimize the removal of oak trees
and reduce the visibility of retaining walls necessary on site to develop the property in a manner consistent with the Residential Hillside ordinance. To the extent possible the proposed
home on site must adhere to an FAR of approximately 25%.
Other homes in the neighborhood have been developed with similar FARs. Aside from the exception to allow more than 500 s.f. of construction on slopes greater than 30%, the proposed development
will comply with all other development regulations of the R1-20 zoning district including, but not limited to, building height, setbacks, and floor area. The development involves the
least modification of the prescribed development regulations necessary to accomplish a reasonable use of the parcel. All alternative locations for
Resolution No. 6840 EXC-2016-07 September 26, 2017
As the parcel is steep, with an average slope of 36%, any development (whether that of a
home, garage, or even, a driveway) onsite that is over 500 square feet would require an
exception. Further, the site is constrained by a slope easement, tree removal restrictions, and
mandated driveway location restrictions which limit areas on the parcel where development
may occur. The siting and design of a proposed house will follow the contours of the site to
minimize grading, minimize the removal of oak trees and reduce the visibility of all retaining
walls necessary to develop the property in a manner consistent with the purpose of the
Hillside Ordinance. To the extent possible the proposed home on site must adhere to an FAR
of approximately 25%. Further, in order to restrict the removal of protected trees on the
property, the location of the building pad is further restricted.
Other alternative locations for development on the parcel would result in greater grading on
the site, removal of additional native trees than currently proposed and possibly increased
visibility of the structure to a greater number of neighbors. The proposed development will be
located to minimize environmental and grading impacts on the site.
6. The proposed development does not consist of structures on or near known
geological or environmental hazards that have been determined by expert testimony
to be unsafe or hazardous to structures or persons residing therein.
The geotechnical report and peer review do not indicate any conflicts with geological or
environmental hazards. Additionally, all reccommendations of the geotechnical engineers in
order to ensure structural stability of the proposed building have been incorporated into the
conditions of approval. Therefore, the proposed development does not consist of structures
that have been determined by expert testimony to be unsafe or hazardous to structures or
persons residing therein.
7. The proposed development includes grading and drainage plans that will ensure that
erosion and scarring of the hillsides caused by necessary construction of the housing
site and improvements will be minimized.
The proposed development follows, as closely as possible, the primary natural contours of the
lot to minimize erosion and scarring of the hillsides caused by necessary construction of the
housing site and improvements. Drainage and grading plans have been reviewed, and will
continue to be reviewed by the City Engineer and the City’s consultant geotechnical
engineers to ensure the safety of the development and of those neighboring residences.
8. The proposed development does not consist of structures which would disrupt the
natural silhouette of ridgelines as viewed from established vantage points on the
valley floor unless either:
a. The location of a structure on a ridgeline is necessary to avoid greater negative
environmental impacts; or
Resolution No. 6840 EXC-2016-07 September 26, 2017
b. The structure could not otherwise be physically located on the parcel and the size
of the structure is the minimum which is necessary to allow for a reasonable use of
the parcel.
The subject site is not located within an identified ridgeline. Thus, the proposed project will
not consist of structures which would disrupt the natural silhouette of ridgelines as viewed
from established vantage points on the valley floor
9. The proposed development consists of structures incorporating designs, colors,
materials, and outdoor lighting which blend with the natural hillside environment
and which are designed in such a manner as to reduce the effective visible mass,
including building height, as much as possible without creating other negative
environmental impacts.
The applicant shall use natural earth tone and/or vegetation colors which blend with the
natural hillside environment (as a condition of approval) and has designed the project in
such a manner as to reduce the effective visible mass to surrounding neighbors as much as
possible. In addition, the applicant is required to plant additional screening trees along Lindy
Lane and the private road to ensure that existing gaps in the coast live oak trees are
eliminated in order to further reduce the effective visible mass of the proposed home.
10. The proposed development is located on the parcel as far as possible from public
open space preserves or parks (if visible therefrom), riparian corridors, and wildlife
habitats unless such location will create other, more negative environmental impacts.
The parcel is not located adjacent to public open space preserves and parks, and therefore, not
visible from them. Additionally, the parcel is not located adjacent to a riparian corridor. The
project site is adjacent to other developed properties with a similar zoning. Since wildlife
(particularly deer) have been observed traversing through the property, the development has
been required as a condition of approval (and mitigation measure) to limit the fencing
allowed on site in order to allow the migration of wildlife habitats.
11. The proposed development includes a landscape plan which retains as many
specimen trees as possible, which utilizes drought-tolerant native plants and ground
covers consistent with nearby vegetation, and which minimizes lawn areas.
A preliminary landscape plan has been evaluated and the project is conditioned to provide a
landscape plan to be reviewed and approved prior to Building Permit issuance. The proposed
project preserves the vast majority of the existing natural landscape on the site.The project is
additionally required to comply with Chapter 14.15: Landscape Ordinance of the City of
Cupertino’s Municipal Code (CMC) and additionally required to minimize turf areas on
hillsides. In addition, turf may not be planted on slopes greater than 25%. Also, since the site
is located within in an area designated Wildland Urban Interface by CMC Chapter 16.74,
fire-prone plant materials and highly flammable mulches are strongly discouraged. Plants
Resolution No. 6840 EXC-2016-07 September 26, 2017
shall be selected, arranged and maintained to provide defensible space for wildfire protection,
in conformance with California Public Resources Code Section 4291. The installation of
invasive plant species and noxious weeds is prohibited. Through the proposed site design,
mitigation measures, and conditions of approval, which limit invasive species of plants and
turf areas, a balance between the residential development and preservation of the natural
hillside setting can be maintained.
12. The proposed development confines solid fencing to the areas near a structure rather
than around the entire site.
Evidence of the presence of wildlife (particularly deer) was observed onsite. To allow free
movement of animals, only 5,000 square feet (excluding the principal building) of net lot
area may be enclosed with solid fencing. Fencing may not be located within the Slope
Easement on the property per the original declarations on the face of the Tentative Map.
13. The proposed development is otherwise consistent with the City's General Plan and
with the purposes of Chapter 19.40 as described in Section 19.40.010.
The development meets all the development standards for R1-20 zoned properties and is
consistent with the City's General Plan and with the purposes of Chapter 19.40 as described
in Section 19.40.010. These have been described in detail in each of the findings above.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and
other evidence submitted in this matter, and subject to the conditions which are
enumerated in this Resolution beginning on PAGE 6 thereof:
The application for a Hillside Exception, Application no. EXC-2016-07 is hereby approved
and the conclusions and subconclusions upon which the findings and conditions specified
in this resolution are based and contained in the Public Hearing record concerning
Application no. EXC-2016-07 as set forth in the Minutes of Planning Commission Meeting
of September 26, 2017, are hereby incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the site plans dated September 2016 consisting of 4 sheets,
labled Sheets 1 -4 entitled, “Lands of Dr. Kang,” drawn and submitted by Westfall
Engineers, Inc. which indicate the maximum extent of development on the site and
Resolution No. 6840 EXC-2016-07 September 26, 2017
includes a grading quantity except as may be amended by conditions in this
resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
3. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or construction
records. Any misrepresentation of any property data may invalidate this approval
and may require additional review.
4. REDUCED MASS AND SCALE OF PROJECT AND FLOOR AREA RATIO
LIMITATION
The project mass and scale should be reduced to enhance compatibility and harmony
with the surrounding neighborhood. To the extent possible, the new residence
developed on site should maintain a recommended Floor Area Ratio (FAR) of
approximately 25%.
5. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. EA-2016-01 The conditions of
approval for application nos. R-2016-28 and RM-2016-26 shall be applicable upon
Planning Commission review and approval .
6. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from TM-2005-05 and M-2011-06 shall remain in
effect unless superseded by or in conflict with subsequent conditions of approval,
including the conditions contained herein in this resolution.
7. HOUSING MITIGATION FEES
The applicant shall participate in the City’s Below Market Rate (BMR) Housing
Program by paying the housing mitigation fees as per the Housing Mitigation
Manual at building permit issuance. The estimated mitigation fee for this project is
based on the 2017-2018 fiscal year rate of $16.01 per square foot of residential area.
8. TREE PROTECTION BOND
Prior to grading permit issuance, a tree protection bond is required for all trees
slated for preservation. The bond shall be for an amount equivalent to their
replacement or approximately $110,000.
Resolution No. 6840 EXC-2016-07 September 26, 2017
9. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible to the satisfaction of the Building Official. The applicant shall provide
evidence that materials were recycled prior to issuance of final demolition/grading
permits.
10. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
Prior to commencement of construction activities, the applicant shall arrange for a
pre-construction meeting with the pertinent departments (including, but not limited
to, Building, Planning, Public Works, Santa Clara County Fire Department), prior to
issuance of grading and/or building permits, to review an applicant-prepared
construction management plan including, but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
11. CONSTRUCTION HOURS
The applicant shall comply with Mitigation Measure NOI-1 above and any
additional standards in Chapter 10.48, Community Noise Control, of the Cupertino
Municipal Code. The developer shall be responsible for educating all contractors
and subcontractors of said construction restrictions. Rules and regulation pertaining
to all construction activities and limitations identified in this permit, along with the
name and telephone number of a developer appointed disturbance coordinator, shall
be posted in a prominent location at the entrance to the job site and along Lindy
Lane, prior to commencement of demolition and/or grading activities.
12. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
13. INDEMNIFICATION
Resolution No. 6840 EXC-2016-07 September 26, 2017
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the “indemnified parties”) from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified
parties or one or more of the indemnified parties and the applicant to attack, set
aside, or void this Resolution or any permit or approval authorized hereby for the
project, including (without limitation) reimbursing the City its actual attorneys’ fees
and costs incurred in defense of the litigation. The applicant shall pay such attorneys’
fees and costs within 30 days following receipt of invoices from City. Such attorneys’
fees and costs shall include amounts paid to counsel not otherwise employed as City
staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by
City.
14. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. STREET IMPROVEMENTS
Curb and gutter, and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer. The proposed driveway connecting
to the private road shall be designed to keep drainage from the private road from
entering the site. Provide additional details such as a ridge line and pavement
elevations at the Building Permit stage. More detailed review for the on-site
driveway and grading & drainage design will be provided at the Building Permit
stage.
2. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
Resolution No. 6840 EXC-2016-07 September 26, 2017
maybe required. Please contact Army Corp of Engineers and/or Regional Water
Quality Control Board as appropriate.
Tree protection and tree removal shall be clearly shown on the plans and shall be
consistent with tree removal permit approved by Community Development
Department. Any additional tree(s) to be removed as result of grading and/or
retaining wall installation shall be approved by Community Development
Department prior to issuance of any grading, demolition or building permits.
3. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and
pre- and post-development hydraulic calculations must be provided to indicate
whether additional storm water control measures are to be constructed or renovated.
The storm drain system may include, but is not limited to, subsurface storage of peak
stormwater flows (as needed), bioretention basins, vegetated swales, and
hydrodynamic separators to reduce the amount of runoff from the site and improve
water quality. The storm drain system shall be designed to detain water on-site (e.g.,
via buried pipes, retention systems or other approved systems and improvements) as
necessary to avoid an increase of the ten percent flood water surface elevation to the
satisfaction of the City Engineer. Any storm water overflows or surface sheeting
should be directed away from neighboring private properties and to the public right
of way as much as reasonably possible.
Provide a supplemental letter from the geotechnical consultant for their concurrence
with geotechnical aspects of the proposed grading & drainage plan (especially the
retaining wall, retention pipes and energy dissipater). Proposed dry well will need
to be removed & redesigned at the Building Permit review stage as infiltration will
not be allowed.
4. TRAFFIC IMPACT FEES
The Project may be subject to pay Traffic Impact Fees prior to issuance of building
permits. The fee is currently estimated to be set at ~$6,000 per new AM or PM peak-
hour trip generated by the Project subject to be approved by the City Council in
September 2017.
5. PRIVATE ROADWAY AND MAINTENANCE AGREEMENT
Developer shall enter into the Maintenance Agreement (if applicable), or shall record
a covenant against the property agreeing to enter into a future maintenance
agreement, for the private road portion of Lindy Lane contained within the
ingress/egress easement, prior to issuance of a Building Permit. The owner agreed
to and shall widen the private roadway to between 18’ and 20’, where reasonably
possible, to better accommodate two way traffic, as determined by the City
Resolution No. 6840 EXC-2016-07 September 26, 2017
Engineer. The owner will be required to repair any utility trenches and/or damage to
the private road caused by construction activities, prior to final occupancy of the
site. All pavement repairs and new pavement shall match the existing pavement
section (3” AC/ 6” AB minimum) and shall be slurry sealed a minimum of 6’ from
the edge of any utility trench cuts or damage to the pavement.
6. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for under grounding
of utilities. Said agreement shall be executed prior to issuance of construction
permits.
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($3,349.00 or 5% of
improvement costs)
b. Grading Permit: $ Per current fee schedule ($2,825.00 or 6% of
improvement costs)
c. Storm Drainage Fee: $Per current fee schedule($4,550 per AC)
d. Power Cost: **
e. 3rd Party Geotechnical & Structural $6,900 (includes 15% Admin Fee) Initial
Review
f. Possible Park Fees (two units): $ Per current fee schedule ($168,000 for 2 units)
g. Traffic Impact Fee (TIF) +/- $6,000 per new peak-hour trip generated
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said
change or changes, the fees changed at that time will reflect the then current fee
schedule.
Resolution No. 6840 EXC-2016-07 September 26, 2017
7. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
10,000 S.F. or more of impervious surface (collectively over the entire project site).
The developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is
approved by the City Engineer.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan,
Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and
Maintenance Agreement, and certification of ongoing operation and maintenance of
treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer prior to grading or building permit issuance.
8. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing utility
underground provisions prior to building permit issuance. Said plans shall be
subject to prior approval of the affected Utility provider and the City Engineer.
9. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment and prior to building permit issuance.
Should above ground equipment be permitted by the City, equipment and
enclosures shall be screened with fencing and landscaping such that said equipment
is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side
building setback area.
10. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
Resolution No. 6840 EXC-2016-07 September 26, 2017
11. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
12. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer prior to grading or building permit issuance. This plan should include all
erosion control measures used to retain materials on site. Erosion control notes shall
be stated on the plans.
13. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
14. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City prior to grading or building permit issuance. The plan
shall include a temporary traffic control plan for work in the right of way as well as a
routing plan for all vehicles used during construction. All traffic control signs must
be reviewed and approved by the City prior to commencement of work. The City
has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all
signage and striping work throughout the City.
15. STREET TREES
Street trees shall be protected within the Public Right of Way to the satisfaction of
the City Engineer on grading and/or building plans prior to permit issuance.
16. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers should
be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
17. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
Resolution No. 6840 EXC-2016-07 September 26, 2017
18. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before issuance of a
building permit approval.
19. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley prior to building permit issuance.
20. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. WILDLAND INTERFACE
This project is located within the designated Wildland-Urban Interface Fire Area.
The building construction shall comply with the provisions of California Building
Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with
CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning
Department for related Landscape plan requirements.
2. FIRE SPRINKLERS REQUIRED
An automatic sprinkler system shall be installed in one-and two-family dwellings
(including detached workspaces) as follows: In all new one-and two-family
dwellings and in existing one- and two-family dwellings when additions are made
that increase the building area to more than 3,600 square feet. Exception: A one-time
addition to an existing building that does not total more than 1,000 square feet of
building area.
NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if
any modification or upgrade of the existing water service is required.
NOTE: Covered porches, patios, balconies, and attic spaces may require fire
sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor
shall submit plans, calculations, a completed permit application and appropriate fees
to this department for review and approval prior to beginning their work. CRC Sec.
313.2 as adopted and amended by CUPMC
Resolution No. 6840 EXC-2016-07 September 26, 2017
3. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection system, and/or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record.
Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec.
903.3.5 and Health and Safety Code 13114.7.
4. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and County Fire Standard Detail and Specification SI-7. Provide appropriate
notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
5. PREMISES IDENTIFICATION
New and existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast
with their background. Where required by the fire code official, address numbers
shall be provided in additional approved locations to facilitate emergency response.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be
a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5
inch (12.7 mm). Where access is by means of a private road and the building cannot
be viewed from the public way, a monument, pole or other sign or means shall be
used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO BUILDING
DEPARTMENT
1. PLAN AMENDMENTS
Amend plan to provide adequate ventilation and light to the hobby room, wet bar
area, and home theater per 2013 CRC R303.
Resolution No. 6840 EXC-2016-07 September 26, 2017
PASSED AND ADOPTED this 26th day of September, 2017, 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, Takahashi, Fung,Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/ Benjamin Fu /s/ Don Sun
Benjamin Fu Don Sun
Assist. Director of Community Development Chair, Planning Commission
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