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DP-2011-05b OFFICE OF THE CITY CLERK CITY HALL 1030Q TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 September 20, 2012 Re: Subject: Development permits and associated permits for demolition of existing commercial buildings and construction of a mixed-use project consisting of 7,000 square feet of retail and 78 apartment units. The project also includes a 12-unit expansion to the existing 179-unit Biltmore Apartment complex adjacent to the site, for a total of 191 apartment units Recommended Action: A. Approve Application Nos. EA-2011-16 and EA-2011-OS for a mitigated negative declaration for the Stevens Creek site and Biltmore Apartment complex; B. Adopt Resolution No. 12-106 approving DP-2011-06; C. Adopt Resolution No. 12-107 approving ASA-2011-20; D. Adopt Resolution No. 12-108 approving TR-2012-18; E. Adopt Resolution No. 12-109 approving DP-2011-05; F. Adopt Resolution No. 12-110 approving ASA-2011-19; G. Adopt Resolution No. 12-111 approving TR-2012-13 Description: Application: DP-2011-06, ASA-2011-20, TR-2012-18 (EA-2011-16); Applicant: Mike Ducote (Prometheus Real Estate); Location: 20030, 20060 Stevens Creek Blvd, 10041 Blaney Ave and the vacant lot behind 10041 Blaney Ave; Development Permit to allow the demolition of an approximately 20,000 square foot existing commercial building and the construction of a mixed-use project consisting of 78 apartment units and a 7,000 square foot commercial building; Architectural and Site approval for a new mixed use development consisting of 78 apartment units and a 7,000 square foot commercial building; Tree Removal Permit to allow the removal and replacement of approximately 57 trees to facilitate the construction of a new apartment complex; Mitigated Negative Declaration; Application: DP- 2011-05, ASA-2011-19, TR-2012-13 (EA-2011-15); Applicant: Mike Ducote (Prometheus Real Estate); Location: 10159 S Blaney Ave; Development Permit to allow the construction of 12 new residential units at an existing apartment complex; Architectural and Site approval for 12 new residential units within an existing apartment complex; Tree Removal Permit to allow the removal and replacement of approximately 5 trees to facilitate the construction of two new apartment buildings; Mitigated Negative Declaration At its September 18, 2012 meeting, the Cupertino City Council took the following action: Adopted the resolutions approving the ASA and TR applications; adopted a combined resolution approving the DP applications with an amendment to build 80 units total. Also enclosed are the resolutions that Council adopted at its September 18 meeting. A�ty interested person, i�rcludiiig tlte applicant, prior to seeking judicial revietiv of t/ie city coui�cil's decisioir in this �natter, i�irrst first ftle a petition for reconsideration wit/r tl�e city clerk wit/�in ten days nfter t/ie cotuicil's decision. Any petition so filed inust conrply ►vith mu�ricipal ordinance code�2.08.096. September 20, 2012 , Page 2 Sincerely, Kirsten Squarcia Acting Deputy City Clerk cc: Community Development Prometheus Real Estate Group Attn: Mike Ducote 1900 S Norfolk St. #150 San Mateo, CA 94403 RESOLUTION N0. 12-112 OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF DEVELOPMENT PERMITS TO ALLOW THE CONSTRUCTION OF 80 APARTMENT UNITS, A 7,000 SQUARE FOOT COMMERCIAL BUILDING, AND DEMOLITION OF APPROXIMATELY 21,082 SQUARE FEET OF COMMERCIAL SPACE AND DEMOLITION OF APPROXIMATELY THREE EXISTING RESIDENTIAL GARAGES, LOCATED AT 20030 STEVENS CREEK BOULEVARD,20060 STEVENS CREEK BOULEVARD,10041 S BLANEY AVENUE, A VACANT LOT, AND 10159 S BLANEY AVE (APNS: 369-03-004,369-03-003,369-03-006,369-03-007,369-03-008) SECTION I: PROTECT DESCRIPTION Application Nos.: DP-2011-05 (Biltmore Apartments site) DP-2011-06 (Stevens Creek site) Applicant: Mike Ducote Property Owner: Prometheus Real Estate Group LocaHon: 20030 Stevens Creek Boulevard (APN: 369-03-004) 20060 Stevens Creek Boulevard (APN: 369-03-003) 10041 S Blaney Avenue (APN: 369-03-006) Vacant Lot (APN: 369-03-007) 10159 S Blaney Avenue (APN: 369-03-008) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the City Council of the City of Cupertino received an application for Development Permits as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in regard to the application; and WHEREAS, the applicant has presented materials to support the application; and WHEREAS, the City Council finds as follows with regard to this application: a) The proposed development, at the proposed location, as conditioned by the City Council, 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; b) The proposed development will be located and conducted in a manrier in accord with the Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances. NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: The application for Development Permits, Application nos. DP-2011-05 and DP-2011-06 is hereby approved and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application nos. DP-2011-05 and DP- 1 Resolution No.12-112 � 2011-06 as set forth in the Minutes of City Council Meeting of September 18, 2012 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Conditions 1-22 which a�ply to Stevens Creek and the existing Biltmore Apartments sites: 1. APPROVED EXHIBITS Approval is based on the plan set dated September 7, 2012, consisting of 34 sheets labeled A0, C1, C2, C3, C4, A1, A2.A, A2.B, A3, A4, A5, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18, A19, A20, A21, A22, A23, A24, A25, A27, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Apartments, Planning Submittal, 9.07.12 prepared by Christiani Johnson; BKF Engineers, „ Surveyors, &Planners; and the Guzzardo Partnership, Inc., except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The condirions of approval contained in file nos. ASA-2011-19, ASA-2011-20, TR-2012-13, and TR- 2012-18 shall be applicable to this approval. 3. DEVELOPMENT ALLOCATION The City shall deduct 80 residential units in the General Plan allocation from the Heart of the City area. In addition, the City shall add 14,082 square feet of commercial General Plan allocation back to the Heart of the City Area. 4. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS Development Permit approval is granted for a total of 80 new apartment units and a 7,000 square foot commercial building; and demolition of approximately 21,082 square feet of commercial space and demolition of approximately 3 residenti garages totaling 700 square feet. Amendments to the project shall be reviewed per Section 19.12 Administration - of the Zoning Ordinance. 5. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible for verifying 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. 6. EASEMENTS a) Cross Access Easements - A cross access easement for the purpose of vehicles and pedestrians from the Stevens Creek site to the existing Biltmore Apartments shall be recorded prior to final building occupancy. The draft language of said easement which shall be reviewed and approved by the city attorney's office prior to issuance of building permits. b) Parking Easement - Prior to issuance of building permits, the applicant shall work with the City to delineate necessary parking spaces for the use of the Stevens Creek Apartment site directly north of the existing Biltmore Apartment site. c) Pedestrian Access Easements - Prior to issuance of building permits, the applicant shall work with the City to delineate additional pedestrian access easements connecting the pedestrian paths From sidewalk along Stevens Creek Boulevard, through the project, to the public sidewalk along Blaney Avenue. All easements shall be recorded prior to issuance of final occupancy for the project. 2 Resolr�tion No.12-112 7. HOUSING MITIGATION For the commercial portion of the project, a housing mitigation fee of $5.33/square feet (FY 2012- 2013) is required and must be paid prior to building permit issuance. For the residential portion of the project, a housing mitigation fee of$2.81/square feet (FY 2012-2013) is required and must be paid prior to building permit issuance. Please note that the fees are subject to change and that the applicant shall pay the fees in effect at the time of building permit issuance. 8. SCHOOL IMPACT FEES The project shall pay the applicable school impact fees assessed by the school districts prior to the issuance of building permits. 9. CONDOMINIUMIZATION Please note that the condominiumization of spaces, either retail or commercial, is not approved as part of this project. Any proposed changes to the map shall require further City review and approval. 10. CIRCULATION AND PARKING REQUIREMENTS The project shall maintain a total amount of 467 on-site residential parking stalls for a residential minimum parking ratio of 1.80 per residential unit. The 467 on-site residential parking stalls shall be reserved for residential uses on both the Stevens Creek site and existing Biltmore Apartments site. 55 on-site commercial parking stalls shall be separate from the 467 on-site residential parking stalls, and are reserved for the commercial uses. Covered parking shall remain available for parking at all times. The amount of covered parking for the residential units shall be finalized prior to building permit issuance. The final parking plan will be subject City review and approval. The parking analysis assumes that 100% of the commercial space is food related/restaurant uses without a separate bar (170 seats and 12 employees). The Director of Community Development has the authority to approve minor refinements to this ratio based on the final tenanting plan provided that there are no significant parking and traffic impacts to the project. 11. PARKING MANAGEMENT PLAN The applicant shall provide a parking management plan to be approved by the Director of Community Development. The parking management plan shall delineate the following at a minimum: a. Spaces allocated for the retail space, which includes a detailed commercial parking plan, hourly restrictions,signage, etc. b. At least one (1) on-site covered parking space per unit c. Location of the rest of the surface parking spaces for residents and visitors to the project. It is assumed that the amount of parking provided by the project is adequate to serve the retail spaces and residents and visitors of the apartment project. In the event of a parking problem in the future, the property owner(s) will be required to amend the parking management plan to address parking issues and ensure that the site can accommodate the parking demand. This may include valet parking (at no charge), limiting the number of cars per unit, etc. The revised parking management plan shall be approved by the Director of Community Development. 12. SHARED PARKING AGREEMENT AND COVENANT Prior to building permit issuance, a shared parking agreement between the Stevens Creek site and existing Biltmore Apartments site shall be drafted for the City's review in accordance with Section 19.124 Parking Regulations - of the Zoning Ordinance. The shared parking agreement must be 3 Resolution No.12-112 , recorded prior to final occupancy. A covenant must also be recorded delineating the minmum on- � site residential parking ratio of 1.80 required for the combined project site (Stevens Creek site and existing Biltmore Apartments site). Should either of the properties be sold or managed by different entites, each site shall independenttly meet the minimum parking ratio of 1.80. If a single entity were to acquire or manage both sites, the existing shared parking agreement shall remain in effect. The draft language of said agreement and covenant shall be reviewed and approved by the city attorney's office prior to issuance of building permits. 13. BICYCLE PARKING CLASS All provided bicycle parking shall be identified as Class 1 bicycle parking and shall be consistent with the City's requirements to the satisfaction of the Director of Community Development. 14. INTERSECTION IMPROVEMENTS If determined to be warranted by the Director of Public Works Department, the applicant shall work with staff to explore opportunities to provide and/or fund for additional pedestrian safety improvements at the intersection of Stevens Creek Blvd and Blaney Ave. Any proposed improvements shall be reviewed and approved by the Director of Community Development and Public Works Department. 15. NOISE LEVELS AND ABATEMENT Project construction and use shall comply with the City's Community Noise Control Ordinance at all times. 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. 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 construcHon complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified is defined, and noise and dust control measures are established. 17. CONSTRUCTION HOURS Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and Saturday and Sunday, 9 am to 6 pm. Construction activities are not allowed on holidays. Maximum noise levels are delineated in the City's Community Noise Control Ordinance. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disiurbance coordinator, shall be posted in a prominent location at the entrance to the job site. 18. 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 issuance of final demolition permits. 4 Resolution No.12-112 19. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. 20. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES The mitigation measures outlined in the Mitigation Monitoring and Reporting Program based on the Initial Study dated April 2012, titled "Initial Study for the 20030 Stevens Creek Boulevard and Biltmore Apartments Project", prepared by David J. Powers and Associates and adopted as Mitigated Negative Declaration EA-2011-15, shall apply. Refer to Attachment V for the specific Mitigation Measures. 21. 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. 22. 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. Conditions 23-25 which apply to the Stevens Creek site: 23. ODOR ABATEMENT SYSTEMS Odor abatement systems shall be installed for all new eating establishments, including the proposed restaurant. The design of the odor abatement system will be finalized at the building permit stage. Equipment associated with the odor abatement systems shall be appropriately screened if visible from the public right-of-way. 24. PARCELIZATION/LOT CONSOLIDATION A lot line separating the commercial building from the residential apartment units is not approved as part of this application nor is it supported. The Heart of the City Specific Plan policy discourages the subdivision of commercial parcels. Prior to issuance of building permits, the applicant shall 5 Resolution No.12-112 • obtain approvals from the City to consolidate the various lots in accordance to the approved site plan. 25. PUBLIC ART REQUIREMENT The final design, display, and location of the public art shall be brought before the Fine Arts Commission for review and approval. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, is one-quarter of one percent, with an expenditure cap of one hundred thousand dollars. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. 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 as approved and required by the City Engineer 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 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 one 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. 6. UNDERGROUND UTILITIES The 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. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 7. BICYCLE PARKING 6 Resolution No.12-112 The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 8. 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 ($2,542.00 or 5%) b. Grading Permit: $Per current fee schedule ($2,387.00 or 5%) c. Development Maintenance Deposit: $2,000.00 d. Storm Drainage Fee: $TBD e. Power Cost: ** f. Map Checking Fees: $Per current fee schedule (N/A) g. Park Fees: $Per current fee schedule ($818,100.00) h. Street Tree By Developer ** 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. 9. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 10. 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. 11. 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 inspecHon and maintenance. 12. 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 mulimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. 7 Resolution No.12-112 « 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. 13. FULL TRASH CAPTURE SYSTEM The developer will be responsible for installing a full trash capture system/device to capture trash from the onsite storm drain before the storm water reaches the City owned storm drain system. A full capture system or device is a single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit section C.10 for further information/requirements). 14. EROSION CONTROL PLAN The 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. 15. 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. 16. OPERATIONS &MAINTENANCE AGREEMENT The 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. BUS STOP LOCATION The developer shall improve bus stops along the Stevens Creek Boulevard frontage to the satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops. 18. 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 Ciry. 19. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 20. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 21. REFUSE TRUCK ACCESS 8 Resol�tion No.12-112 The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 22. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 23. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 24. 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. 25. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 26. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approvals before issuance of a building permit approval. 27. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with California Water Services Company for water service to the subject development. 28. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 29. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 30. UPGRADE OF STORM DRAIN LINES IN STEVENS CREEK The developer will be responsible for upgrading storm drain infrastructure within Stevens Creek Boulevard along the property frontage (and as necessary to make the next upstream and downstream connection) to be consistent with the Cupertino Storm Drain Master Plan, or as approved by the Director of Public Works. 31. LOT LINE AD]USTMENT Interior Lot Line Adjustments shall be completed within the Biltmore Adjacency sites through the Public Works Department prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. AERIAL FIRE APPARATUS ACCESS ROADS 1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: 9 Resolution No.12-112 � Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. CFC Sec. 503 and SCCFD SD&S A-1 2. FIRE ENGINE ACCESS 1. Minimum clear width: The minimum clear width of fire department access roads shall be 20 feet. Modifications to the design or width of a fire access road, or additional access road(s) may be required when the fire code official determines that access to the site or a portion thereof may become compromised due to emergency operations or nearby natural or manmade hazards (flood prone areas, railway crossings, bridge failures, hazardous material-related incidents, etc.) 2. Access and loading: 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. 3. Minimum clear height: Vertical clearance over required vehicular access roads and driveways shall be 13'6". 4. Grade: Maximum grade shall not exceed 15% (6.75 degrees). 5. Turn Radius (circulating): The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. 6. Turning Radius (Cul-de-sacs): The minimum outside turning radius is 36 feet. Use of cui-de-sacs is not acceptable where it is determined by the Fire Department that Ladder Truck access is required, unless greater turning radius is provided. 7. Turnarounds: Turnarounds are required for all dead end roadways with a length in excess of 150 feet. The turnaround details shown in this document are intended to provide a general design concept only. Modifications or variations of these designs may be approved by the Fire Department on a case-by-case basis. All turnaround designs submitted for Fire Department review shall meet all previously stated requirements. These details are applicable when a 36-foot minimum turning radius for dead ends is specified. These details are not applicable where turning radius greater than 36 feet is specified or when a circulating radius is specified. 8. Dead ends: Dead-end fire apparatus access roads in excess of 150 feet (45720 mm) shall be provided with width and turnaround provisions as determined by the fire code official. 9. 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 NOTE: Rolled curbs can be part of the curb I sidewalk and used to increase the roadway width with approval from the fire code official. Additional requirements may apply for buildings 30 feet in Height or greater. See requirements under AERIAL FIRE APPARTUS ACCESS ROADS. 10. Access to a hydrant: Fire hydrants located on a public or private street, or on-site, shall have an unobstructed clearance of not less than 30 feet (15 feet either side of hydrant), in accordance with California vehicle code 22514. Marking shall be per California vehicle code 22500.1 11. Traffic calming: Traffic calming devices and the design thereof shall be approved by the fire deparhnent. CFC Sec. 503 and SCCFD SD&S A-1 3. TIMING OF REQUIRED ROADWAY INSTALLATIONS Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access 10 Resolution No.12-112 roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501 4. PRIVATE ON-SITE FIRE HYDRANT(S) REQUIRED (NOTE: Exact square footage of new residential buildings is not provided) Provide private on-site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 600 feet, with a minimum acceptable flow of TBD GPM at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. CFC Sec. 507, and Appendix B,Table B105.1 and Appendix C 5. FIRE SPRINKLERS REQUIRED Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban Interface Fire 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. CFC Sec. 903.2 as adopted and amended by CUPMC 6. WATER SUPPLY REQUIREMENTS Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 7. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 8. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7. 9. EMERGENCY ESCAPE AND RESCUE 11 Resolution No.12-112 ' , , Ground-ladder rescue 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. 1029 10. PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1. SANITARY SEWER AVAILABILIT'Y Sanitary sewer is currently available for the subject parcel. 2. IMPROVEMENT PLANS Improvement plans shall be submitted to the District for review and comments. 3. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18� day of September 2012,by the following vote: Vote Members of the City Council AYES: Mahoney,Sinks,Wong NOES: Santoro, Chang ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/Grace Schmidt /s/Mark Santoro Grace Schmidt Mark Santoro City Clerk Mayor, City of Cupertino 12 DP-2011-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6697 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF 12 APARTMENT UNITS (BILTMORE APARTMENTS) AND DEMOLITION OF THREE EXISTING GARAGE BUILDINGS LOCATED AT 10159 S BLANEY AVENUE SECTION I: PROTECT DESCRIPTION Application No.: DP-2011-05 Applicant: Mike Ducote Property Owner: Prometheus Real Estate Group Location: 10159 S Blaney Ave (APN: 369-03-008) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permit as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: a) 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; b) 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. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: The application for a Development Permit, Application no. DP-2011-05 is hereby recommended for approval and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. DP-2011-05 as set forth in the Minutes of Planning Commission Meeting of May 8, 2012, and are incorporated by reference as though fully set forth herein. Resolution No.6697 DP-2011-05 May 8,2012 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set dated March 30, 2012, consisting of 29 sheets labeled A0, C1, C2, C3, C4, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18, A19, A20, A21, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Apartments, Planning Submittal, 3.30.12" prepared by Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the Guzzardo Partnership, Inc., except as may be amended by conditions in this resolution. 2. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2011-19, DP-2011-06, ASA-2011-20, TR-2012- 13, and TR-2012-18 shall be applicable to this approval. 3. DEVELOPMENT ALLOCATION The City shall deduct 12 residential units in the General Plan allocation from the Heart of the City Area. 4. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS Development Permit approval is granted for 12 new apartment units at an existing 179 unit apartment complex; and demolition of approximately 3 garages totaling 700 square feet. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 5. ACCURACY OF PROTECT 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. 6. EASEMENTS a) Cross Access Easements - A cross access easement for the purpose of vehicles and pedestrians from the Stevens Creek site to the existing Biltmore Apartments shall be recorded prior to final building occupancy. The draft language of said easement which shall be reviewed and approved by the city attorney's office prior to issuance of building permits. b) Pedestrian Access Easements - Prior to issuance of building permits, the applicant shall work with the City to delineate additional pedestrian access easements connecting the pedestrian paths from sidewalk along Stevens Creek Boulevard, through the project, to the public sidewalk along Blaney Avenue. All easements shall be recorded prior to issuance of final occupancy for the project. 7. HOUSING MITIGATION For residential projects, a housing mitigation fee of $2.75/square feet is required and must be paid prior to building permit issuance. A preliminary estimate of the required housing mitigation fee is $30,283 ($2.75 x 11,012). Please note that a change in the amount of square footage or change in fee per square foot will alter the final amounts. 8. SCHOOL IMPACT FEES The project shall pay the applicable school impact fees assessed by the school districts prior to the issuance of building permits. Resolution No.6697 DP-2011-05 May 8,2012 9. CONDOMINIUMIZATION Please note that the condominiumization of spaces is not approved as part of this project. Any proposed changes to the map shall require further City review and approval. 10. CIRCULATION AND PARKING REQUIREMENTS The project shall provide a minimum of 320 parking stalls. Changes to the number of provided parking stalls will require further City review and approval. Final parking plan shall be submitted to City for review and approval prior to issuance of building permits. 11. BICYCLE PARKING CLASS All provided bicycle parking shall be identified as Class 1 bicycle parking and be consistent with the City's requirements to the satisfaction of Director of Community Development. 12. INTERSECTION IMPROVEMENTS If determined to be warranted by the Director of Public Works Department, the applicant shall work with staff to explore opportunities to provide and/or fund for additional pedestrian safety improvements at the intersection of Stevens Creek Blvd and Blaney Ave. Any proposed improvements shall be reviewed and approved by the Director of Community Development and Public Works Department. 13. NOISE LEVELS AND ABATEMENT Project construction and use shall comply with the City's Community Noise Control Ordinance at all times. 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. 14. 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 is defined, and noise and dust control measures are established. 15. CONSTRUCTION HOURS Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and Saturday and Sunday, 9 am to 6 pm. Construction activities are not allowed on holidays. Maximum noise levels are delineated in the City's Community Noise Control Ordinance. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulations 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. 16. 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 issuance of final demolition permits. Resolution No.6697 DP-2011-05 May 8,2012 17. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. 18. ENVRIONMENTAL IMPACTS AND MITIGATION MEASURES Per the mitigation measures outlined in the Mitigation Monitoring and Reporting Program based on the Initial Study dated April 2012, titled "Initial Study for the 20030 Stevens Creek Boulevard and Biltmore Apartments Project", prepared by David J. Powers and Associates and adopted as Mitigated Negative Declaration EA-2011-15, the following is an outline of mitigation measures (MM) that apply, except as may be amended by conditions in this resolution: i. Biological Resources a. MM BIO-1.1 b. MM BIO-1.2 c. MM BIO- 1.3 d. MM BIO-2.1 ii. Cultural Resources a. MM CUL-1.1 b. MM CUL-1.2 iii. Geology and Soils a. MM GEO-1.1 b. MM GEO-2.1 iv. Hazards and Hazardous Materials a. MM HAZ-1.1 b. MM HAZ-1.2 c. MM HAZ-1.3 v. Hydrology and Water Quality a. MM HYD-1.1 vi. Noise • a. MM NOI-1.1 b. MM NOI-1.2 c. MM NOI-1.3 d. MM NOI-2.1 e. MM NOI-2.2 f. MM NOI-2.3 g. MM NOI-2.4 h. MM NOI-2.5 i. MM NOI-2.6 j. MM NOI-2.7 k. MM NOI-2.8 Resolution No.6697 DP-2011-05 May 8,2012 1. MMNOI-2.9 m. MM NOI-2.10 n. MM NOI-2.11 vii. Utilities and Service Systems a. MM UTIL-1.1 19. 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. 20. 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 WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 3. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. 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 as approved and required by the City Engineer 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 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 one 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. Resolution No.6697 DP-2011-05 May 8,2012 6. UNDERGROUND UTILITIES The 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. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 7. BICYCLE PARKING The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 8. 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 ($2,542.00 or 5%) b. Grading Permit: $Per current fee schedule ($2,387.00 or 5%) c. Development Maintenance Deposit: $2,000.00 d. Storm Drainage Fee: $TBD e. Power Cost: ** f. Map Checking Fees: $Per current fee schedule (N/A) g. Park Fees: $Per current fee schedule ($818,100.00) h. Street Tree By Developer ** 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. 9. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 10. 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. 11. 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 Resolution No.6697 DP-2011-05 May 8,2012 Water Pollution Prevention Plan (SWPPP),use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 12. 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 treattnent, on the tentative map, 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 treatxnent 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. 13. FULL TRASH CAPTURE SYSTEM The developer will be responsible for installing a full trash capture system/device to capture trash from the onsite storm drain before the storm water reaches the City owned storm drain system. A full capture system or device is a single device or series of devices that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit section C.10 for further information/requirements). 14. EROSION CONTROL PLAN The 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. 15. 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. 16. OPERATIONS &MAINTENANCE AGREEMENT The 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. BUS STOP LOCATION The developer shall improve bus stops along the Stevens Creek Boulevard frontage to the satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not include duck outs or relocation of the bus stops. 18. 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 Resolution No.6697 DP-2011-05 May 8,2012 Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout the City. 19. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 20. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 21. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 22. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 23. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 24. 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. 25. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 26. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval before issuance of a building permit approval. 27. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreernent with California Water Services Company for water service to the subject development. 28. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 29. UTILIT'Y EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 30. UPGRADE OF STORM DRAIN LINES IN STEVENS CREEK The developer will be responsible for upgrading storm drain infrastructure within Stevens Creek Boulevard along the property frontage (and as necessary to make the next upstream and downstream connection) to be consistent with the Cupertino Storm Drain Master Plan, or as approved by the Director of Public Works. Resolution No.6697 DP-2011-05 May 8,2012 31. LOT LINE ADTUSTMENT Interior Lot Line Adjustments shall be completed within the Biltmore Adjacnecy sites through the Public Works Department prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. AERIAL FIRE APPARATUS ACCESS ROADS 1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. CFC Sec. 503 and SCCFD SD&S A-1 2. FIRE ENGINE ACCESS 1. Minimum clear width: The minimum clear width of fire department access roads shall be 20 feet. Modifications to the design or width of a fire access road, or additional access road(s) may be required when the fire code official determines that access to the site or a portion thereof may become compromised due to emergency operations or nearby natural or manmade hazards (flood prone areas, railwaycrossings, bridge failures, hazardous material-related incidents, etc.) 2. Access and loading: 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. 3. Minimum clear height: Vertical clearance over required vehicular access roads and driveways shall be 13'6". 4. Grade: Maximum grade shall not exceed 15% (6.75 degrees). 5. Turn Radius (circulating): The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. 6. Turning Radius (Cui-de-sacs): The minimum outside turning radius is 36 feet. Use of cui-de-sacs is not acceptable where it is determined by the Fire Department that Ladder Truck access is required, unless greater turning radius is provided. 7. Turnarounds: Turnarounds are required for all dead end roadways with a length in excess of 150 feet. The turnaround details shown in this document are intended to provide a general design concept only. Modifications or variations of these designs may be approved by the Fire Department on a case-by-case basis. All turnaround designs submitted for Fire Department review shall meet all previously stated requirements. These details are applicable when a 36-foot minimum turning radius for dead ends is specified. These details are not applicable where turning radius greater than 36 feet is specified or when a circulating radius is specified. 8. Dead ends: Dead-end fire apparatus access roads in excess of 150 feet (45720 mm) shall be provided with width and turnaround provisions as determined by the fire code official. 9. 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 NOTE: Rolled curbs can be part of the curb I sidewalk and used to increase the roadway width with approval from the fire code official. Additional requirements may apply for buildings 30 feet in Resolution No.6697 DP-2011-05 May 8,2012 height or greater. See requirements under AERIAL FIRE APPARTUS ACCESS ROADS. 10. Access to a hydrant: Fire hydrants located on a public or private street, or on-site, shall have an unobstructed clearance of not less than 30 feet (15 feet either side of hydrant), in accordance with California vehicle code 22514. Marking shall be per California vehicle code 22500.111. Traffic calming: Traffic calming devices and the design thereof shall be approved by the fire department. CFC Sec. 503 and SCCFD SD&S A-1 3. TIMING OF REQUIRED ROADWAY INSTALLATIONS Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501 4. PRIVATE ON-SITE FIRE HYDRANT(S� REQUIRED (NOTE: Exact square footage of new residential buildings is not provided) Provide private on-site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 600 feet, with a minimum acceptable flow of TBD GPM at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. CFC Sec. 507, and Appendix B,Table B105.1 and Appendix C 5. FIRE SPRINKLERS REQUIRED Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section,firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. An automatic sprinkler system shall be provided throughout all new buildings and struciures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban Interface Fire 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. CFC Sec. 903.2 as adopted and amended by CUPMC 6. POTABLE WATER SUPPLIES 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). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7 Resolurion No.6697 DP-2011-05 May S,2012 7. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 8. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7. 9. EMERGENCY ESCAPE AND RESCUE Ground-ladder rescue 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. 1029 10. PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1. SANITARY SEWER AVAILABILITY Sanitary sewer is currently available for the subject parcel. 2. IMPROVEMENT PLANS Improvement plans shall be submitted to the District for review and comments. 3. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. PASSED AND ADOPTED this 8� day of May, 2012, Regular Meeting of the Planning Commission of the City of Cupertino,State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Miller, Brophy,Brownley, Lee NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Sun ATTEST: APPROVED: /s/Aarti Shrivastava /s/Mart_y Miller Aarti Shrivastava, Director Marty Miller, Chair Community Development Planning Commission G:\Plarming\PDREPORT\RES�2011�DP-2011-05 res.doc COUrit of Santa Clara �ouNT Santa Clara Counry�lerk—Recorder's Office Office of he County Clerk-Recorder ��������/�o State of California Business Division � �— %� Document No.: 17659 County Government Center '�.yTA c��.�"� F I dband Pos ed On: 9/24/2012 70 West Hedding Street, E. Wing, 13` Floor ;�� 1�,�`J1,� Through. 10/24/2012 San Jose,California 95110 (408)299-5688 CRO Order Number: Fee Total: 2,151.50 CEQA DOCUMENT DECLARATION REGINA ALCOMENDRAS, Counry Clerk—R order ENVIRONMENTAL FILING FEE RECEIPT bY Laura Luna, Depury Clerk—Recorder, f� PLEASE COMPLETE THE FOLLOWING: 1. LEAD AGENCY: City of Cupertino 2. PROJECT TITLE: EA-2011-15(DP-2011-05,ASA-2011-19,TR-2011-13) 3. APPLICANT NAME: Mike Ducote(Biltmore Apts) PHONE: 408-777-3308 4. APPLICANT ADDRESS: 10159 S Blaney Ave Cupertino, Ca. 95014 5. PROJECT APPLICANT IS A: ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency �Private Entity 6. NOTICE TO BE POSTED FOR 30 DAYS. 7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT a.PROJECTS THAT ARE SUBJECT TO DFG FEES ❑ 1.ENVIRO NMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $2,919.00 $ 0.00 p 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $2,101.50 $ 2,101.50 ❑ 3. APPUCATION FEE WATER DIVERSION�srnTe wnreR RESOURCES CONTROL BOARD ONLY) .p �SO.00 .p O.00 ❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 992.50 $ 0.00 � 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 50.00 Fish&Game Code§711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES ❑ 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 0.00 ❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE DEPARTMENT OF FISH 8�GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/ PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE'`SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT � NEGATIVE DECLARATION $ 50.00 $ 0.00 c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE 8. OTHER: FEE(IF APPLICABLE): $ 9. TOTAL RECEIVED........................................................................................................................................................ $ 2,151.50 *NOTE:"SAME PROJECT'MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE(INCLUD/NG COPIES) SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR OR/GINAL WILL BE RETURNED TO YOU AT THE TIME OF FILING.) CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT OF FISH AND GAME FOR THE LATEST FEE INFORMATION. `...NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VAL/D, UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PA/D." Fish&Game Code§711.4(c)(3) 1-3-2012 (FEES EFFECTIVE 01-01-2012) File#: 17659 912412012 COMMUNITY DEVELOPMENT DEPARTMENT � �, CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 (408)777-3308•FAX(408)777-3333 CUPERTINO September 19, 2012 NOTICE OF DETERMINATION EA-2011-15 Application: DP-2011-05, ASA-2011-19, TR-2011-13 Mike Ducote (Biltmore Apts) 10159 S Blaney Ave Cupertino, CA 95014 At its meeting of September 18, 2012, the Cupertino City Council held a public hearing to consider: Development Permit to allow the construction of 12 new residential units at an existing apartment complex; Architectural and Site Approval for 12 new residential units within an apartment complex; Tree Removal Permit to allow the removal and replacement of approximately 5 trees in conjunction zuith the construction of new apartment units at an existing apartment complex The decision of the City Council was to approve said project by filing a Mitigated Negative Declaration, and has determined that the project is consistent with the General Plan and there are no significant environmental impacts. The Mitigated Negative Declaration has been prepared pursuant to the provisions of State and City guidelines. A copy of said Mitigated Negative Declaration is available in the Community Development Department, 10300 Torre Avenue, Cupertino, California. �A,r� ���Y�,i'1�(:1n. Beth Ebben Administrative Clerk City of Cupertino G:Planning/ERC/Exempt/notice of det ea-2011-15.doc CITY OF CUPERTINO File�: 17659 9124J2012 MITIGATED NEGATIVE DECLARATION As provided by the Environxnental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974,January 171977, May 1, 1978, and July 7, 1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on September 18, 2012 PROJECT DESCRIPTION AND LOCATION Application No.: DP-2011-05, ASA-2011-19,TR-2011-13 (EA-2011-15) Applicant: Mike Ducote (Biltxnore Apts) Location: 10159 S Blaney Ave DISCRETIONARY ACTION REQUEST Development Permit to allow the construction of 12 new residential units at an existing apartment complex; Architectural and Site Approval for 12 new residential units within an apartment complex; Tree Removal Permit to allow the removal and replacement of approximately 5 trees in conjunction with the construction of new apartment units at an existing apartment complex FINDINGS OF DECISIONMAKING BODY The City Council granted a Mitigated Negative Declaration since the project is consistent with the General Plan and there are no significant environmental impacts. The applicant shall adhere to all of the conditions required by the City Council on September 18, 2012 including but not limited to: 1) Park in-lieu fees will be paid prior to building permit issuance 2) Standard mitigation efforts will be imposed during the construction phase to limit/reduce dust and noise 3) The Tree Replacement Plan is consistent with the City's Tree Ordinance �r.� G��° Aarti Shrivastava Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above.Mi 'gated Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on r _ 2 � � �,.� � 0. ✓ v / " `��V�VI IV� City Clerk g/erc/negEA201115 1