CC 01-13-2022 Item No. 1 Amended Attachment C – Draft Resolution for DP-2018-07
RESOLUTION NO. _________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A DEVELOPMENT PERMIT TO CONSTRUCT A MIXED‐USED
DEVELOPMENT CONSISTING OF EIGHTEEN (18) RESIDENTIAL UNITS AND
4,500 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 10625 SOUTH
FOOTHILL BOULEVARD (APN: 342‐16‐087 & 088)
SECTION I: PROJECT DESCRIPTION
Application No.: DP‐2018‐07
Applicant: Dan Shaw (SCR Enterprises)
Location: 10625 South Foothill Boulevard (APN#s 342‐16‐087 & 088)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit
as described in Section I of this resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
of 1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (ʺCEQA
Guidelinesʺ), the City prepared an Initial Study and proposed Mitigated Negative
Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review
Committee held a duly noticed public hearing to receive public testimony and
reviewed and considered the information contained in the Draft IS/MND, and voted
5‐0‐0 to recommend that the City Council adopt the Draft IS/MND (EA‐2018‐06) and
mitigation measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed
public hearing to receive staff’s presentation and public testimony, and to consider
the information contained in the IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public
hearing, and recommended on a 5‐0 vote, based on substantial evidence in the record,
that the City Council adopt the MND, adopt and incorporate into the Project and
implement as conditions of approval all of the mitigation measures for the project that
are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting
Program for the Project (EA‐2018‐06); and
WHEREAS, on November 23, 2021 the Planning Commission recommended on a 5‐0
vote that the City Council approve Zone Map Amendment (Z‐2018‐02), in
substantially similar form to the Resolution presented (Resolution No. 6938) approve
the Vesting Tentative Map (TM‐2018‐04), in substantially similar form to the
Resolution presented (Resolution No. 6940), approve the Development Permit (DP‐
2018‐07) in substantially similar form to the Resolution presented (Resolution No.
6939), approve the Architectural and Site Approval Permit (ASA‐2018‐09) in
substantially similar form to the Resolution presented(Resolution No. 6941), approve
the Use Permit (U‐2018‐04) in substantially similar form to the Resolution presented
(Resolution No. 6942), approve the Tree Removal Permit (TR‐2018‐39) in substantially
similar form to the Resolution presented (Resolution No. 6943); and
WHEREAS, all necessary public notices having been given as required by the
Procedural Ordinance of the City of Cupertino and the Government Code, and the
Planning Commission held at least one public hearing in regard to this application,
and on January 1813, 2021, the City Council held a public hearing to consider the
Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for
this Resolution; and
WHEREAS, on January 13, 2022, after consideration of substantial evidence contained
in the entire administrative record, and prior to consideration of the Development
Permit, the City Council adopted Resolution No. [####] adopting and requiring as
conditions of approval all of the mitigation measures for the Project which are within
the responsibility and jurisdiction of the City that are identified in the IS/MND, and
adopting the Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, the applicant has met the burden of proof required to support the
application for a Development Permit.
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental
to the public health, safety, general welfare, or convenience;
The project is consistent with the General Plan, and the Zoning Ordinance with the
adoption of the Zone Map Amendments (Z‐2018‐02). The project has been designed to be
compatible with and respectful of adjoining land uses. Additionally, all mitigation
measures that are within the responsibility and jurisdiction of the City have been adopted
and will be made conditions of approval in order to mitigate potential impacts to a less than
significant level. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience.
2. The proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of the City’s
zoning ordinances.
The General Plan land use designation for the property is Commercial/Residential. The
proposed use is consistent with the General Plan. The subject property will be zoned
Planned Development with General Commercial and Residential intent with the approval
of the Zone Map Amendment (Z‐2018‐02). Projects that are not on the City’s list of
approved Housing Element sits are required to obtain a Use Permit (U‐2018‐04), which
the project is seeking and subject to approval, see Condition of Approval (COA) #3 in
Section III. The proposed development has met the applicable development standards in the
General Plan and the City of Cupertino’s Municipal Code. Therefore, the proposed
development is consistent with the purpose of the City’s zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the IS/MND and the Mitigation Monitoring and Reporting
Program for the Project (EA‐2018‐06), subject to the conditions which are enumerated
in this Resolution beginning on PAGE 3 thereof, and those contained in all other
Resolutions approved for this Project,
The application for a Development Permit, Application No. DP‐2018‐07, is hereby
approved, and that the subconclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. DP‐2018‐07 as set forth in the Minutes of the City Council
Meeting of December 21, 2021January 13, 2022, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated September 15, 2020 consisting of 55
sheets labeled as Canyon Crossings Mixed‐Use Development, A0‐A6, E1.1,
L1.0‐L3.1, C1‐C14, and ST2 prepared by LPMD Architects, TS Civil
Engineering, and Reed Associates, except as may be amended by conditions in
this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property
data including but not limited to property boundary locations, building
setbacks, property size, building square footage, any relevant easements
and/or construction records. Any misrepresentation of any property data may
invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z‐2018‐02, TM‐2018‐04, U‐
2018‐04, ASA‐2018‐09, TR‐2018‐39, and EA‐2018‐06 shall be applicable to this
approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated
on the first page of the building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
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.
6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 17 of the residential unit allocations
for the Citywide housing allocation.
7. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed
project in accordance with the City’s Parking Regulations under Chapter 19.124
of the Cupertino Municipal Code.
8. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or
active recreation including but not limited to play structures, barbeque areas,
picnic tables etc. and shall not be retained as only a hardscaped or landscaped
area. The commercial open space shall provide amenities for users of the
commercial space and can be used to provide outdoor dining, benches, seating
etc.
9. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City’s Below Market Rate (BMR) Housing
Program by dedicating 15% of the units. The applicant shall record a covenant,
which shall be subject to review and approval by the City Attorney, to be
recorded prior to the issuance of building permits. Two 3BR townhome units
shall be provided as BMR units. Two of the units shall be made available at
moderate income levels and one unit shall be made available at median income
levels in compliance with the City’s BMR Manual. The applicant is to provide
one (1) 2BR apartment available to be made designated for a very‐low income
level in compliance with the City’s BMR Manual.
10. BMR UNIT DESIGN REQUIREMENTS
The Applicant shall detail how the following requirements shall be met prior
to building permit issuance:
a) BMR units shall be comparable to market‐rate units in terms of unit type,
number of bedrooms per unit, quality of exterior appearance and overall
quality of construction.
b) Interior features and finishes in the affordable units shall be durable, of
good quality and consistent with the contemporary standards of new
housing.
11. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an
affordable housing agreement shall be recorded against the property. The
affordable housing agreement shall include, but not be limited to the following:
a) Total number of BMR units, type, location (site map), square footage,
number of bedrooms, and construction scheduling of market‐rate and BMR
units;
b) Provisions to ensure concurrent construction and completion of BMR units
and market‐rate units;
c) Affordability levels for each BMR unit;
d) Provisions for income certification and screening of potential occupants of
BMR units;
e) Restriction control mechanisms;
f) Financing of ongoing administrative and monitoring costs;
g) Other reasonably required provisions to implement the Affordable
Housing Plan.
12. BMR UNIT TERMS OF AFFORDABILITY:
Prior to occupancy, the proposed project shall record covenants that require
the units to be occupied at rents, or offered for sale at a price that is affordable
to very low‐income households for a period not less than 99 years from the date
of first occupancy of the unit.
13. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan
Policy 2‐66 and the City’s Public Art Ordinance (Chapter 19.148 of the
Cupertino Municipal Code). The minimum expenditure for the artwork,
including, but not limited to design, fabrication, and installation is one (1)
percent of the construction valuation for the first $100 million on construction
valuation, or 0.9% of construction valuation for valuation in excess of $100
million. The project pro forma shall be provided to the City to confirm the
project budget. The public art plans (including location and design) shall be
reviewed by the Fine Arts Commission during the building permit stage, in
advance of final occupancy. Once approved by the Fine Arts Commission, the
public artwork shall be installed to the satisfaction of the City prior to final
occupancy. In the event the developer or property owner determines that the
placement of artwork on a particular property may not be feasible, the
developer or property owner may apply to the Fine Arts Commission for an
in‐lieu payment alternative as indicated in Chapter 19.148 of the Cupertino
Municipal Code. The in lieu payment shall be 1.25% of the construction
valuation.
14. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
15. FORMATION OF A PROPERTY OWNER’S ASSOCIATION
A Property Owner’s Association shall be formed to maintain the common areas
of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be
reviewed and approved by the City Attorney and the Director of Community
Development prior to recordation. The following terms shall be incorporated
into the Association’s Conditions, Covenants and Restrictions:
The members/board shall meet at a minimum of once/year
The Association dues shall cover:
o Maintenance of common area on the property in compliance with the
approved project and conditions of approval, including hardscaping,
parking, landscaping and accessory facilities and amenities, such as trash
bins/areas, common amenity areas, tree grates, outside trash bins, fences,
etc,
o Building and site repair on a regular schedule, or as otherwise necessary,
and building renovation and replacement as necessary to ensure that the
property is maintained.
o Permits, including tree removal permits, required for maintenance and
repair of facilities in the common areas
Any changes to the exterior of the development must be reviewed by the
Property Owner’s Association.
Any changes to the CC&R’s must be reviewed and approved by the City
Disbanding of the Association shall require an amendment to the permit.
16. PRE‐CONSTRUCTION MEETING AND CONSTRUCTION
MANAGEMENT PLAN
A demolition and construction management plan shall be submitted and
reviewed prior to building permit issuance. Prior to commencement of
construction activities, the applicant shall arrange for a pre‐construction
meeting with the pertinent departments (Building, Planning, and Public
Works) to review the prepared construction management plan, to ensure that
construction complies with the conditions of approval, staging of construction
equipment is appropriate, tree protection measures are in place, public access
routes are identified, and noise and dust control measures are established. The
plan shall include but not be limited to the following:
a. Compliance with CEQA Mitigation Measures
b. Appropriate construction staging area
c. Hours of construction
d. Compliance with the City noise ordinance
e. Best management practices
f. Staging of construction equipment shall not occur within ___ feet of any
residential property.
g. Any other measures as determined to be appropriate by the Director of
Community Development
17. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition,
construction and grading permits, and in the construction management
plan(s), unless otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October
1), unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all
requirements of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited
to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9
a.m. to 6 p.m. Grading, street construction, demolition or underground
utility work within 750 feet of residential areas shall not occur on Saturdays,
Sundays, holidays, and during nighttime period as defined in Section
10.48.053(b) of the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to
8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities
are not allowed on holidays as defined in Chapter 10.48 of the Municipal
Code. Nighttime construction is allowed if compliant with nighttime
standards of Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and
limitations identified in this permit, along with the name and telephone
number of an applicant appointed disturbance coordinator, shall be posted
in a prominent location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
18. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS
I
Prior to the issuance of building permits, the project applicant shall submit an
acoustic study to the satisfaction of the Cityʹs Community Development
Director to demonstrate that unit interiors meet an interior noise level due to
exterior noise of 45 dBA CNEL, consistent with State and local noise standards.
The study shall be based on precise grading and architectural plans including
specific construction method details and materials to calculate the necessary
exterior to interior noise reduction of approximately 30 dBA to achieve 45 dBA
CNEL. The precise exterior to interior reduction would be determined in the
acoustical study when precise grading plans with building elevations,
footprints and architectural plans are ∙available. The applicant will be required
to incorporate into the project design all required noise insulation features and
techniques necessary to reduce interior noise levels to achieve the interior noise
standard. To achieve the required interior noise levels, features such as
upgraded exterior wall and roof assemblies, upgraded windows, and exterior
doors may be required. In addition, a ʺwindows closed” condition will be
required with minimum supply of fresh air per UBC requirements.
19. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant
shall obtain LEED Silver certification or an alternative reference standard in
accordance with the ordinance since the project proposes more than nine (9)
homes. Third party LEED certification or alternative reference standard is
required per the ordinance criteria.
20. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the
construction of the approved project. The applicant shall provide information
and plans to allow the Building Official and the Fire Marshall or their designee
that the proposed plans comply with Building and Fire Codes in effect at the
time of application for a building permit.
21. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant.
The plan shall specify locations of trash facilities, refuse pick up schedules and
truck delivery schedules and routes. All trash facilities must be screened and
enclosed to the satisfaction of the Public Works Department. The final plan
shall be submitted to the City for review and approval prior to issuance of
building permits.
22. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but
not limited to details on exterior color, materials, architectural treatments,
doors, windows, lighting fixtures, and/or embellishments) shall be reviewed
and approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent
of the change.
Future changes to the exterior building materials/treatments must be reviewed
and approved by the Property Owner’s Association. However, any changes to
the building materials that do not match the approved materials shall require
an amendment to this permit or a new permit.
23. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall
submit final plans in compliance with the approved lighting plans to comply
with development standards of Cupertino Municipal Code Section 19.102.030
Bird‐Safe Development Requirements and/or Section 19.102.040 Outdoor
Lighting Requirements. In the event changes are proposed from the approved
plans, said changes must be reviewed and approved by the Director of
Community Development or their designee. The applicant shall provide all
documentation required to determine compliance with the Municipal Code.
The final lighting plan (including a detailed photometric plan) shall be
reviewed and approved by the Director of Community Development prior to
building permit issuance. A report from a licensed lighting engineer may be
required to confirm all exterior lighting throughout the site complies with the
City’s Ordinance.
24. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. A line of sight plan may
be required to demonstrate that the equipment will not be visible from any
public right‐of‐way. The location of the equipment and necessary screening
shall be reviewed and approved by the Director of Community Development
prior to issuance of building permits.
25. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor
impacts from the restaurants to the adjacent community. The odor abatement
systems shall be installed prior to final occupancy of the associated
restaurant(s). Detailed plans shall be reviewed and approved by the Director
of Community Development prior to issuance of building permits.
26. SIGN PROGRAM
A sign program is required for this project. The sign program shall be
approved by the Director of Community Development prior to issuance of sign
permits.
27. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of
any structures approved in conjunction with the project.
28. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City’s
Community Noise Control Ordinance at all times. Installation of any
mechanical or other equipment shall be evaluated to determine that the
installation meets the City’s Community Noise Control Ordinance. Any
documentation or studies required to determine this shall be provided by the
applicant as his/her sole expense. Should the project exceed any of the
stipulated maximum noise levels outlined in the City’s Community Noise
Control Ordinance, an acoustical engineer may be required to submit noise
attenuation measures to the satisfaction of the Director of Community
Development at the applicant’s expense.
29. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant
running with the land, subject to approval of the City Attorney, for all parcels
that share a common private drive or private roadway with one or more other
parcels. The deed restriction shall provide for necessary reciprocal ingress and
egress easement to and from the affected parcels. The easements shall be
recorded at such time as interest in one or more of the affected parcels is
initially sold or transferred to another party.
30. COMMERCIAL/INSTITUTIONAL KITCHEN ODOR ABATEMENT
All new kitchens for commercial or institutional uses shall install odor
abatement systems to reduce odor impacts to the adjacent community. In the
event, alterations are made to any portion of the ventilation system of an
existing commercial or institutional kitchen, odor abatement equipment shall
be installed. The odor abatement systems shall be installed prior to final
occupancy of the associated restaurant(s). Detailed plans shall be reviewed
and approved by the Director of Community Development prior to issuance of
building permits.
31. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant
shall agree to indemnify, defend with the attorneys of the City’s choice, and
hold harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as “proceeding”) brought by a third party against one
or more of the indemnified parties or one or more of the indemnified parties
and the applicant related to any Ordinance, Resolution, or action approving
the project, the related entitlements, environmental review documents, finding
or determinations, or any other permit or approval authorized for the project.
The indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys’ fees, and other
costs, liabilities, and expenses incurred in connection with such proceeding
whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’
fees and costs shall include amounts paid to the City’s outside counsel and
shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably
incurred by City. The applicant shall likewise agree to indemnify, defend, and
hold harmless the indemnified parties from and against any damages,
attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code
of Civil Procedure section 1021.5, assessed or awarded against the indemnified
parties. The Applicant shall cooperate with the City to enter a Reimbursement
Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing,
redrafting, revising, or amending, any document (such as an Environmental
Impact Report, negative declaration, specific plan, or general plan amendment)
if made necessary by proceedings challenging the project approvals and
related environmental review, if the applicant desires to continue to pursue the
project.
The Applicant shall agree that the City shall have no liability to the Applicant
for business interruption, punitive, speculative, or consequential damages.
32. 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 & DEDICATION
Provide street dedication in fee title and frontage improvements along the project
to the satisfaction of the Director of Public Works.
Street improvements may include, but not be limited to, new detached attached
sidewalk, new ADA ramps, curb and gutter, driveways, pavement, storm drain
lateral, street light, utility pole relocation, and street tree installations.
At street improvement plan stage, provide a striping plan to show the existing and
proposed striping (show dimensions and radius, etc.) along Stevens Canyon Road.
Striping (including lane transition) shall meet the Caltrans Highway Design
Manual.
2. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (eg.
walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle
Transportation Plan and the Pedestrian Transportation Guidelines, and as
approved by the Director of Public Works.
3. STREET LIGHTING INSTALLATION
At street improvement plan stage, street lighting shall be designed and installed
as approved by the Director of Public Works. Lighting fixtures shall be positioned
so as to preclude glare and other forms of visual interference to adjoining
properties, and shall be no higher than the maximum height permitted by the zone
in which the site is located.
4. GRADING
Grading shall be performed to the satisfaction of the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401
Certifications and 404 permits maybe required. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
5. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.
Hydrology and pre‐ and post‐development hydraulic calculations must be
provided to indicate whether additional storm water control measures are to be
constructed or renovated. The storm drain system may include, but is not limited
to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff
from the site and improve water quality. Any storm water overflows or surface
sheeting should be directed away from neighboring private properties and to the
public right of way as much as reasonably possible.
All storm drain inlets shall be clearly marked with the words “No Dumping –
Flows to Creek” using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
6. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
10,000 S.F. or more of impervious surface (collectively over the entire project site).
The developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment,
unless an alternative storm water treatment plan, that satisfies C.3 requirements,
is approved by the Director of Public Works.
The Applicant must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan,
Storm Water 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.
7. SUBDIVISION AGREEMENT
The project developer shall enter into a subdivision agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, park dedication fees and fees for under
grounding of utilities. Said agreement shall be executed prior to recordation of
Final Map.
Estimated Fees:
a. Checking & Inspection Fees: Per current fee schedule ($4,482 or 5%
improvement cost)
b. Grading Permit: Per current fee schedule ($3,450 or 6% of
improvement costs)
c. Final Map Fee: Per current fee schedule $11,527
d. Storm Drainage Fee: Per current fee schedule $11,850 (Residential
83%: $3,777 per AC + $286/unit &
Commercial – 17%: $10,169 per AC)
e. Transportation Impact Fee: Per current fee schedule $134,626$17,387.30
(single family (12 units): $6,631 6,797per
unit; multi‐family (5 units): ‐ $4,1124,215 per
unit; retail ‐ $10.6710.94/sf.)
f. Encroachment Permit Fee: Per current fee schedule ($3,095 or 5% of
improvement cost)
g. Park Fees (not including excluding BMR units): Per current fee
schedule: $1,080,000 $840,000 ($60,000/unit)
h. Storm Management Plan Fee Per current fee schedule $1,484
By Developer
: Per current fee schedule $4,132
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.
‐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.
8. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior
to issuance of building permits. Existing buildings must be demolished prior to
recordation of the final map as building(s) cannot straddle between lot lines. The
proposed Public Utility, Sanitary, Storm Drainage, and Emergency Vehicular
Access Easements shown on Tentative Maps are subject to change based on the
final street improvements and utility design.
9. GATEWAY MONUMENT SIGN
At street improvement plan stage, the Applicant shall fabricate and install a
gateway monument sign in the median of Stevens Creek Boulevard, east of Hwy
85. The precise location, design and size of the gateway monument sign shall be
to the satisfaction of the Director of Public Works.
10.9. STORM DRAINAGE
Prior to the Final Map approval, the Applicant shall address and mitigate the
storm drainage impact as the result of the environmental impact study.
Drainage shall be provided to the satisfaction of the Director of Public Works.
Hydrology and pre‐ and post‐development hydraulic calculations must be
provided to indicate whether additional storm water control measures are to be
constructed or renovated. The storm drain system may include, but is not limited
to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
and Low Impact Development measures to reduce the amount of runoff from the
site and improve water quality.
All storm drain inlets shall be clearly marked with the words “No Dumping –
Flows to Creek” using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
Project will be required to install stormwater trash capture facilities that meet the
requirements established by Municipal Regional Permit. Trash capture devices
shall be located onsite and shall be situated so as to ensure trash carried by storm
water is collected onsite and does not flow directly to the City storm drain system.
Applicant’s engineer shall design and size the trash capture devices to ensure that
in the event the devices cause an obstruction to onsite stormwater flow, onsite
flooding does not occur.
11.10. ROADWAY EASEMENT VACATION
A portion of an existing roadway easement is to be vacated. Easement vacation is
subject to City Council approval. Roadway easement must be vacated prior to
Final Map or as part of Final Map approval.
12.11. TRANSPORTATION IMPACT FEES
The Project is subject to the payment of Transportation Impact Fees under City’s
Transportation Impact Fee Program under (Chapter 14.02 of the Cupertino
Municipal Code).
13.12. PARKS
The residential project is subject to the payment of park fees in‐lieu of park land
dedication under City’s Park Land Dedication Fee (Chapter 13.08 of the Cupertino
Municipal Code) or the Dedications and Reservations (Chapter 18.24 of the
Cupertino Municipal Code). Below Market Rate units do not incur Park Land
Dedication Fees.
14.13. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based on the boundary
survey and setback requirements.
15.14. TRASH, RECYCLING AND COMPOST
ENCLOSURES
Trash enclosure plans must be designed in accordance with the City’s “Public
Works Guidelines” posted at www.cupertino.org/nowaste, and to the satisfaction
of the Environmental Programs Manager. Clearance by the Public Works
Department is required prior to obtaining a building permit. (CMC 9.18.210 H &
K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
16.15. OPERATIONS & MAINTENANCE
AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and
maintenance for non‐standard appurtenances in the public road right‐of‐way that
may include, but is not limited to, sidewalk, pavers, and street lights.
17.16. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the Director of Public Works.
18.17. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
19.18. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site driveways
to a location approved by the Cupertino Planning Department, Santa Clara
County Fire Department and the water company.
20.19. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans.
21.20. NPDES CONSTRUCTION GENERAL
PERMIT
When and where it is required by the State Water Resources Control Board
(SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB,
which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm
water runoff quality, and BMP inspection and maintenance.
22.21. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
23.22. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show
the timetable for all grading/erosion control work in conjunction with this
project.
24.23. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer
to be approved by the City. The plan shall include a temporary traffic control plan
for work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform
Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
25.24. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of
the Director of Public Works and shall be of a type approved by the City in
accordance with Ordinance No. 125.
26.25. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
27.26. SANTA CLARA COUNTY FIRE
DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers
should be located on private property adjacent to the public right of way, and fire
department connections must be located within 100’ of a Fire Hydrant).
28.27. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
29.28. 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.
30.29. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to recordation of Final Map or issuance of building permits,
whichever comes first. Provide letters from PG&E and AT&T to state their
concurrence with the proposed easement relocation.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA
COUNTY FIRE DEPARTMENT
1. DEVELOPMENT REVIEW:
Review of this Developmental proposal is limited to acceptability of site access and
water supply as they pertain to fire department operations and shall not be
construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work the applicant shall make
application to, and receive from, the Building Department all applicable
construction permits.
2. EMERGENCY RADIO RESPONDER COVERAGE
As noted on Sheet A1.1) Emergency responder radio coverage in new buildings.
All new buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. This
section shall not require improvement of the existing public safety communication
systems. Refer to CFC Sec. 510 for further requirements. This system is required
for Building 1.
3. PUBLIC/PRIVATE FIRE HYDRANTS REQUIRED
(As noted on Sheet C8A) Provide public fire hydrant(s) at location(s) to be
determined jointly by the Fire Department and San Jose Water Company.
Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow
of (to be determined at a later date) residual. Fire hydrants shall be provided along
required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and
Appendix B and associated Tables, and Appendix C. Approved Hydrant Plan (PC
20‐1062) included in plan set. Please note that FDC location will be further
reviewed for compliance with SCCFD SP‐2.
4. FIRE SPRINKLERS REQUIRED:
(As noted on Sheet A0) Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section
or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the
purposes of this section, firewalls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without
openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s)
or subcontractor(s) are responsible for consulting with the water purveyor of
record in order to determine if any modification or upgrade of the existing water
service is required. A State of California licensed (C‐16) Fire Protection Contractor
shall submit plans, calculations, a completed permit application and appropriate
fees to this department for review and approval prior to beginning their work.
CFC Sec. 903.2 as adopted and amended by LOSMC.
5. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of
such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water‐based fire
protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance
capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by
this office until compliance with the requirements of the water purveyor of record
are documented by that purveyor as having been met by the applicant(s). 2016
CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
6. PARKING
When parking is permitted on streets, in both residential/commercial applications,
it
shall conform to the following:
• parking is permitted both sides of the street with street widths of 36 feet or more
• parking is permitted on one side of the street with street widths of 28 – 35 feet
• no parking is permitted when street widths are less than 28 feet
7. FIRE LANE MARKING REQUIRED:
As noted on Sheet A1.1) Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also
conform to Local Government Standards and Fire Department Standard Details
and Specifications A‐6. CFC Sec. 503.3.
8. TWO WAY COMMUNICATION SYSTEM:
(As noted on Sheet A1.1) Two‐way communication systems shall be designed and
installed in accordance with NFPA 72 (2016 edition), the California Electrical Code
(2013 edition), the California Fire Code (2016 edition), the California Building
Code (2016 edition), and the city ordinances where two way system is being
installed, policies, and standards. Other standards also contain design/installation
criteria for specific life safety related equipment. These other standards are
referred to in NFPA 72.
9. FIRE ALARM SYSTEM REQUIREMENT
(As noted on Sheet A1.1) The building shall be provided with a fire alarm system
in accordance with CFC #907.2.9.
10. REQUIRED EMERGENCY ACCESS
(As noted on Sheet A1.1) Minimum clear width: The minimum clear width of fire
department access roads shall be 20 feet. Facilities, buildings, or portions of
buildings hereafter constructed shall be accessible to fire department apparatus by
way of an approved fire apparatus access road (including bridges and culverts)
with an asphalt, concrete or other approved driving surface capable of supporting
the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg) or
as otherwise determined by the fire code official. The proposed location of the new
structure and revised locations of parking spaces impedes the minimum required
access to portions of both the new and existing structures. CFC Sec. 503 and
SCCFD SD&S A‐1.
11. GROUND LADDER ACCESS
(As noted Sheet A1) Ground‐ladder access rescuer from second and third floor
rooms shall be made possible for fire department operations. With the climbing
angle of seventy‐five degrees maintained, an approximate walkway width along
either side of the building shall be no less than seven feet clear. Landscaping shall
not be allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA
1932 Sec. 5.1.8 through 5.1.9.2. Required for all residential townhouses/rowhouses
and each emergency egress window.
12. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official,
address numbers shall be provided in additional approved locations to facilitate
emergency response. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum
stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and
the building cannot be viewed from the public way, a monument, pole or other
sign or means shall be used to identify the structure. Address numbers shall be
maintained. CFC Sec. 505.1
13. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter
33 and our Standard Detail and Specification SI‐7. Provide appropriate notations
on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
14. ROADWAY VEHICLE SUPPORT
(As noted on Sheet A1.1) Documentation letter from a structural engineer
verifying that the roadway over the underground parking structure shall be
capable of supporting 75,000 pounds provided.
SECTION VI: CONDITIONS ADMINISTERED BY THE OFFICE OF COMMUNITY
DEVELOPMENT – BUILDING DIVISION
1. CALIFORNIA BUILDING CODE:
The proposed scope of work shall comply with the 2019 California Building Code
Chapter 11A.
SECTION VII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
District will require developer/owner to enter into an Installer’s Agreement. If the
project is approved in Planning Phase and moves into final design, please have
the developer/engineer contact CUSD to initiate the Installer’s Agreement.
New Cupertino Sanitary District Permit Fees & Service Charges were approved
on December 5th, 2018 and were implemented on December 18th, 2018.
Cupertino Sanitary District Lateral Plan Check Fee ($300) (O.C. 7102.3.1) will be
required during the Building Permit Phase
Cupertino Sanitary District Grease Control Device Plan Check Fee ($800) (O.C.
7102‐3.2) will be required during the Building Permit Phase for Restaurant.
Cupertino Sanitary District Treatment Plant Capacity Fee – Non‐Residential Fee
is required for the subject improvements (O.C. 7202) during the Building Permit
Phase
Commercial Retail Store (Greater than 5,000 SF) is $0.81/SF
Full Service Restaurant is $15.51/SF
Cupertino Sanitary District Pump Zone Fee is required for the subject
improvements. (O.C. 7202) during the Building Permit Phase
Commercial Retail Store (Greater than 5,000 SF) is $0.38/SF
Full Service Restaurant is $6.37/SF
Disconnecting & Capping Fee ($1000) is required for the five existing laterals.
Five (5) existing sanitary sewer laterals serving property shall be
abandoned and disconnected from the Sanitary sewer mainline and
manholes.
See attached APN map in submittal 1 for reference.
To install New Property Line Cleanout (PLCO) as per District Standard, see
details 9/12 in Submittal 1.
Offsite and onsite sewer manholes (MH) shall be constructed to CuSD standards.
Grant Sanitary Sewer Easements dedicated to CUSD for mainlines located within
property.
Sanitary sewer mainlines within private property shall be located within roadway
for ease of maintenance.
On site sewer that serves more than one legal parcel, District will require
“DISTRICT SANITARY SEWER EASEMENT”, not PRIVATE/PUE.
Restaurant and Kitchen area must connect to adequately sized Grease control
device. Grease control devices must be sized by Cupertino Sanitary District.
On Sheet C8, it required the 2.5” force main from basement sump pump to go
with sand/oil separator. Attached CUSD standard details 15 for reference. (Only
if it is connected to a sewer line to pump out sewer in the basement. It is not
applicable if it is a sump pump to pump out the basement in case it floods – for
SD purpose)
A backflow device will be requires if the elevation of the lowest finished floor
with plumbing is less than 12” above the nearest upstream manhole.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 13th day of January, 2022 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date