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PC Summary 06-09-2014 City of Cupertino ,� , 10300 Torre Avenue Cupertino,CA 95014 (408) 777-3308 C U P E RT 1 N O FAX (408) 777-3333 Community Development Department To: Mayor and City Council Members From: Aarti Shrivastava,Assistant City Manager Date: June 10, 2014 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE June 9,2014 Chapter 19.32 of the Cupertino Municipal code provides for appeal of decisions made by the Planning Commission 1. A�,plication EXC-2014-02, TR-2014-09 (EA-2014-02), EXC-2014-03, TR-2014-10 (EA-2014-03), EXC-201404 (EA-2014-04), Terry Brown(Osann and O'Grady lots), 10645 Cordova Road (Lots A, B and C) Residential Hillside Exception to allow a 2,986 square foot single family residence to be constructed on a slope of 30% or greater(Lot A); Tree Removal Permit to allow the removal and replacement of 5 trees to facilitate the construction of a new single family residence(Lot A); Residential Hillside Exception to allow a 3,185 square foot single family residence to be constructed on a slope of 30% or greater(Lot B); Tree Removal Permit to allow the removal and replacement of 3 trees to facilitate the construction of a new single family residence (Lot B); Residential Hillside Exception to allow a 3,186 square foot single family residence to be constructed on a slope of 30%or greater(Lot C); Action The Planning Commission approved the applications on a 5-0-0 vote. Enclosures: Planning Commission Report June 9, 2014 Planning Commission Resolution(s) 6744 to 6748 Plan Set 2. A�plication U-2014-01, ASA-2014-05,Janice Yeh(Little Tree Montessori), 20111 Stevens Creek Blvd #130& #150 Conditional Use Permit to convert approximately 7,500 square feet of office space of an existing two-story office building into a day care center use; Architectural and Site Permit to allow a play area, landscape enhancements and associated site improvements for a new day care center Action The Planning Commission approved the applications on a 4-1-0 vote. Enclosures: Planning Commission Report June 9, 2014 Planning Commission Resolution(s) 6749 &6750 Plan Set g:planning/Post Hearing/summary to cc060914 2 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 (408)777-3308• FAX(408)777-3333 CUPERTINO PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:Tune 9,2014 Applications: EXC-2014-02, TR-2014-09, (EA-2014-02), EXC-2014-03,TR-2014-10, (EA-2014-03) EXC-2014-04, (EA-2014-04) Applicant: Terry Brown(Osann, K. O'Grady and B. O'Grady lots) Location: 10645 Cordova Road (lots A,B and C) APPLICATION SUMMARY: 1. Residential Hillside Exception (EXC-2014-02) to allow for a 2,986 square foot single-family residence to be constructed on a slope greater than 30% and a Tree Removal Permit (TR-2014-09) to allow the removal and replacement of 3 trees(Lot A); 2. Residential Hillside Exception (EXC-2014-03) to allow a 3,185 square foot single-family residence to be constructed on a slope greater than 30% and a Tree Removal Permit (TR-2014-10) to allow the removal and replacement 5 trees (Lot B);and 3. Residential Hillside Exception (EXC-2014-04) to allow for a 3,186 square foot single-family residence to be constructed on a slope greater than 30% (Lot C). RECOMMENDATION: Staff recommends that the Planning Commission approve the following: 1. Mitigated Negative Declaration (EA-2014-02, EA-2014-03 &EA-2014-04); 2. Residential Hillside Exception (EXC-2014-02, EXC-2014-03& EXC-2014-04); and 3. Tree Removal Permit(TR-2014-09 &TR-2014-10)in accordance with the draft resolutions. PROJECT DATA: General Plan Very Low Density(1/2 Acre Slope Density Formula) Desi nation Zoning RHS-21 (Residential Hillside with minimum net lot area of 21,000 s.f) Desi ativn Consistent Project Feature ' Ordinance Proposal with RHS '' Ordinance? Residential Buildin Square Footage . EXC-2014-02,EXC-2014-03,EXC- Cordova Rd.Exceptions June 9,2014 2014-04,TR-2014-09,TR-2014-10 Lot A 2,98 2,98 Yes Lot B 3,21 3,18 Yes Lot C 3,301 3,18 Yes Setbacks 15t Floor 2nd Floor 1St Floor 2nd Floor Front: Lot A 10' (grade>20%) 25' min. 42' 56' Yes Lot B 10' (grade>20%) 25' min. 93' 112' Yes Lot C 10' (grade>20%) 25' min. 103' 122' Yes Sides: Lot A 10' min. 15' min. 23', 15' 15',25' Yes Lot B 10' min. 15' min. 15', 15' 15', 15' Yes Lot C 10' min. 15' min. 12', 11' 15', 15' Yes Rear: Lot A 20' min. 25' min. 25' 25' Yes Lot B 20' min. 25' min. 28' 28' Yes Lot C 20' min. 25' min. 44' 28' Yes Other Requirements Buildin Hei ht: Lot A 30' max. 29' Yes Lot B 30' max. 27' Yes Lot C 30' max. 29' Yes Slope Development>500 s.f. on slopes Development>500 s.f. Exception >_30%ok with exception. proposed on slopes requested between32% and 36% Grading Quantit Lot A 2,500 cubic yards max. 555 s.f. Yes Lot B 2,500 cubic yards max. 870 s.f. Yes Lot C 2,500 cubic yards max. 1,320 s.f. Yes Parking 6 spaces 6 spaces per dwelling Yes BACKGROUND: The applicant, Terry Brown, is requesting three hillside exceptions to facilitate the construction of three new single-family residences on slopes greater than 30% in a RHS zoning district. As part of the project, the applicant is also requesting a tree removal permit to allow the removal of eight (8) Coast Live Oaks, ten inches or more in trunk diameter. The proposed site is situated on the west side of Cordova Road, between Mercedes Road to the north and San Juan Road to the south. The site consists of three lots totaling approximately 0.99 acres. The lots are currently vacant but are surrounded by other hillside single-family residences in the Inspiration Heights area of the city. The area was originally subdivided in the county in 1917 and later annexed to EXC-2014-02,EXC-2014-03,EXC- Cordova Rd.Exceptions June 9,2014 2014-04,TR-2014-09,TR-2014-10 the City. In 1993 the City approved a lot line adjustment to allow for three parcels ranging in size from 13,689 square feet to 15,899 square feet. DISCUSSION: Site Plan The subject properties will be accessed by a shared private driveway from Cordova Road. The homes will be located to the west side of the shared driveway. Each parcel will have six parking spaces, 2 enclosed (inside garage) and 4 exterior. Shared maintenance agreements and ingress/egress easements will be recorded on the properties for the driveway. The three proposed residences will range from 2,986 square feet to 3,186 square feet and consist of three stories including a lower garage level. Each home will be accessed via a lower level garage and entry foyer with access to the first and second story living areas by an internal stairwell. The proposed residences follow the primary natural contour of the lot as closely as possible. All structures on the property shall use natural earth tone and/or vegetation colors which complement the natural surroundings. Additionally, the proposed plans include outdoor patio space, new fencing and extensive landscaping and trees for each lot. • Zoning Consistency F�Exception for Development on Slopes Greater than 30% With the exception of the project slope exceeding 30%, the proposed development will comply with all aspects of the Hillside Zoning Ordinance including, including but not limited to, building height, setbacks and massing. The RHS Ordinance allows the construction of structures or improvements (over 500 square feet) in area on slopes greater than 30% with a hillside exception. The proposed project development is located on slopes ranging from 32%to 36%. The intent of this rule is to minimize and discourage unnecessary hillside grading activities and visual disturbances. The project property presents unique circumstances or hardships resulting from its physical/geographical challenges, therefore the proposed exception request is warranted. The Planning Commission has approved hillside exceptions on properties with similar topography and site conditions to facilitate a reasonable amount of development in the past. In 2011, the Planning Commission approved a similar hillside exception at 22755 San Juan Road for a single family residence. In order to mitigate any impacts, the proposed residences will be supported on pier-and-grade beam foundation systems extending into the underlying bedrock. The development will be constructed with appropriate geotechnical review and inspections as described below. Geological Review The City's Geotechnical Consultant has peer-reviewed the geotechnical reports prepared by the applicant's Geotechnical consultant, and concluded that the project is feasible and has no objections to the proposed residences layout based on the manner of construction proposed by the applicant's geologist. The City Geologist recommends that the private geologist's recommendations be incorporated into the construction plans and the foundation of the proposed residences be sufficiently imbedded into the EXG2014-02,EXG2014-03,EXG Cordova Rd.Exceptions June 9,2014 2014-04,TR-2014-09,TR-2014-10 bedrock. Additionally, the applicant's geotechnical consultant should review and approve all geotechnical aspects of the project and building and grading plans to ensure that the recommendations have been properly incorporated. The City Geologist's recommendations are incorporated as a condition of approval in the draft resolutions. Tree Removal F�Landscaping As a part of the project, the applicant proposes to remove eight (8) protected trees onsite in order to facilitate the proposed residences and site improvements. All trees proposed for removal are Coast Live Oaks of specimen size and are proposed for removal as they are in the footprint of the new residences, driveway and retaining wall along Cordova Road. The City's Consulting Arborist reviewed the proposal and concurs. In order to mitigate the trees being removed, the applicant shall be required to plant nine (9) 24-inch box Quercus (Oak) trees consistent with the replacement requirements of the Protected Tree Ordinance. A condition of approval has been added to the draft resolution for the required replacement trees. The final location and species of the tree replacements will be reviewed by staff in conjunction with the building permit review. Street Trees As part of the project, a 25 foot dedication along Cordova Road will be required. As a result the Torrey Pine will become a City Street tree and shall be protected from future removal by private property owners. Conditions of approval have been added to the draft resolution to ensure that the tree is protected during the proposed construction. In addition, the street improvements being proposed as part of the project have been designed to accommodate the existing tree. The Public Works Department has reviewed and concurs that a short section of the street would be narrower to protect the tree without any service level or safety impacts. No additional trees will be removed by the street improvements. Cordova Road Improvements The project includes offsite improvements to Cordova Road to meet fire safety access requirements, storm drainage needs and extend the existing sanitary sewer lateral to the new property line. The improvements have been reviewed by the Public Works, Cupertino Sanitary District and the Fire Department. Conditions of approval have been added to the draft resolutions to address their comments. ENVIRONMENTAL ASSESSMENT On May 15, 2014, the Environmental Review Committee recommended a Mitigated Negative Declaration (EA-2012-02, EA-2014-03 & EA-2014-04) for the project per the California Environmental Quality Act (CEQA). The project includes mitigation measures, which have been added as Conditions of approval to the draft resolutions,in the following areas,to reduce the potential environmental impacts of the project to less than significant levels: ■ Air Quality: Construction shall comply with the BAAQMD's recommendations and the City's standard air quality measures. ■ Biological Resources:Tree replacements in conformance with the City's Protected Tree Ordinance. ■ Geology and Soils: Design-level geotechnical plans shall be provided to the satisfaction of the City Building Official and all foundational piers shall extend into the bedrock. EXC-2014-02,EXC-2014-03,EXC- Cordova Rd.Exceptions June 9,2014 2014-04,TR-2014-09,TR-2014-10 ■ Cultural Resources: In the event that cultural resources (archeological or human remains) are discovered during construction all work shall be temporarily halted. ■ Temporary Noise Levels: Construction shall comply with the City's Noise Ordinance and standard noise mitigation measures. OTHER DEPARTMENT/AGENCY REVIEW The City's Public Works Department, Building Division, the Santa Clara County Fire Department, the Cupertino Sanitary District, and San Jose Water reviewed the project and have no objections. T'heir pre- hearing comments/conditions have been incorporated as conditions of approval in the draft resolutions. PUBLIC NOTICING &OUTREACH The following table is a brief summary of the noticing done for this project: l�iotice flf 1'ub1i� Hearing, Sit� Notice 8z Legal Agenda Ad `. � Site Signage (14 days prior to the hearing) • Posted on the City's official notice bulletin • Legal ad placed in newspaper board (one week prior to the hearing) (at least 10 days prior to the hearing) • Posted on the City of Cupertino's Web site • Notices mailed to property owners (one week prior to the)zearing) adjacent to the project site (300 foot) (10 da s rior to the hearin ) Community Out��each £�Public Comments In addition to the standard noticing and information on the City's website, the applicant held a neighborhood meeting on Tuesday, June 18, 2013 to gather community input. Property owners and neighbors expressed concerns with grading and drainage and construction activity. Additionally, on February 18, 2014 staff received a comment from a concerned neighbor. Concerns primarily focused on the preservation of the Torre Pine tree, fire access and street improvements. Conditions of approval have been added to the draft resolutions to address these concerns. PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 — 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received:January 28, 2014 Deemed Incomplete: February 28, 2014,Apri128,2014 Deemed Complete:May 15,2014 The City has 60 days (until August 9, 2014) to make a decision on the project since a Mitigated Negative Declaration under CEQA is recommended. The Planning Commission's decision on this project is final unless appealed within 14 calendar days of the decision. EXC-2014-02,EXC-2014-03,EXC- Cordova Rd.Exceptions June 9,2014 2014-04,TR-2014-09,TR-2014-10 CONCLUSION Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapter 19.168 of the Cupertino Municipal Code,may be made. Prepared by: Kaitie Groeneweg,Assistant Planner Reviewed by: Approved by: /s/Gar�Chao /s/Aarti Shrivastava Gary Chao Aarti Shrivastava Assistant Director of Community Development Assistant City Manager ATTACHMENTS: 1 -Draft Resolution for EXC-2014-02 (EA-2014-02) 2—Draft Resolution for EXC-2014-03 (EA-2014-03) 3—Draft Resolution for EXC-2014-04 (EA-2014-04) 4-Draft Resolution for TR-2014-09 5-Draft Resolution for TR-2014-10 6-Geologic and Geotechnical Peer Review 7-Initial Study and ERC Recommendation S-Plan Set EXC-2014-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6744 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A NEW 2,986 SQUARE FOOT SINGLE FAMILY RESIDENCE ON SLOPES GREATER THAN 30%ON A VACANT LOT LOCATED AT 10645 CORDOVA ROAD (LOT A) SECTION I: PROTECT DESCRIPTION Application No.: EXC-2014-02 (EA-2014-02) Applicant: Terry Brown (Osann, K. O'Grady and B. O'Grady Lots) Location: Lot A, 10645 Cordova Road APN# 342-22-101 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 Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; 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: 1. The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. The ���oposed site is situated on the west side of Cordova Road, between Mercedes Road to the north and San Juan Road to the south. Tlie lot is currently vacant and surrounded by existing hillside single family residences in the Inspiration Heights area of tlie city. Therefore, the development will not be injurious to property or improvements in the a��ea nor be detrimental to tlie public lTealth and safety. 2. The proposed development will not create a hazardous condition for pedestrian or vehicular traffic. Various street improvements are proposed to Cordova Road to widen tlie street, construct curb and gutter to better define the edge of the street, tliereby improving vehicular circulation. In addition, the project proposes the construction of one driveway to serve three residences which will reduce multiple conflict Resolution No.6744 EXC-2014-02 June 9,2014 areas for pedestrian traffic. Therefore, the development will not create a hazardous condition for pedestrian or vehicular traffic. 3. The proposed development has legal access to public streets and public services are available to serve the development. Tl2e properties will be accessed by a shared private driveway from Cordova Road. Shared maintenance agreements and ingress/egress easements will be recorded on the properties for tlie driveway. In addition, sewer and water connections are available in the street. Tlie development has legal access to public streets and public services are available to serve the development. 4. The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations necessary to accomplish a reasonable use of the parcel. Aside from the exception to allow construction of slopes greater than 30%, the proposed development complies will all other development regulations of the RHS zoning district including, but not limited to, building height, setbacks, and floor area. Tlie development involves the least modification of tlie prescribed development regulations necessary to accomplish a reasonable use of tlie parcel. 5. All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the location of the proposed development. All locations on the parcel are steeply sloped with slopes ranging from 32% to 36% and, therefore no location on the parcel can be developed without a hillside exception. The proposed development will be located to minimize environmental and grading impacts on the site. 6. The proposed development does not consist of structures on or near known geological or environmental hazards that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. Design-level geotechnical plans shall be provided to the satisfaction of the City Building Official and all foundational piers shall extend into the bedrock. Additionally, a geotechnical consultant shall review and approve all geotedinical aspects of the project's building and grading plans to ensure the recommendations are incorporated. With the incorporation of the recommendations provided in the geotechnical report, t1Te proposed development does not consist of structures that have been determined by expert testimony to be unsafe or liazardous to structures or persons residing therein. 7. The proposed development includes grading and drainage plans that will ensure that erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements will be minimized. 1'Ize development will follow as closely as possible the �rimary natural contour of t1Te lot to ensure that e�rosion and scarring of the liillsides caused by necessary construction of the housing site and improvements will be minimized. 8. The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts. Resolution No.6744 EXC-2014-02 June 9,2014 The development on the property shall use natural earth tone and/or vegetation colors with stone detailing and wood siding which blends with the natural hillside environment and which is designed in such a manner as to reduce the effective visible mass as much as possible. 9. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. The proposed development is located on the parcel as far as possible from public open space p��eserves or parks (if visible tlierefrom), riparian corridors, and wildlife habitats unless such location will create otlier, more negative environmental impacts. 10. The proposed development is otherwise consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. The development is meeting all tlie requirements for RHS zoned properties and is consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the initial study, 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,: A Mitigated Negative Declaration (Application no. EA-2014-02) is hereby recommended for adoption; and the application for a Hillside Exception, Application no. EXC-2014-02 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. EXC-2014-02 as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval recommendation is based on the plan set received January 29, 2014 consisting of 25 sheets, labled C, P-1, A-1, A-2, A-3, A-4, B-1, B-2A, B-2B, B-3, B-4, C-1, C-2A, C-2B, C-3, C-4, 1, 2, 3, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0 entitled, "3 Custom Residences, 10645 Cordova Rd., Cupertino, CA 95014," drawn by SSS Designs LLC; 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 no. TR-2014-09 shall be applicable to this approval. Resolution No.6744 EXC-2014-02 June 9,2014 4. EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments, lighting, retaining walls and landscaping) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits for compliance to RHS zoning and other relevant regulations. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval. 6. DEVELOPMENT ALLOCATION The applicant shall receive an allocation of one residential unit from the Other Residential Neighborhoods residential allocation area. 7. 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. 8. TRASH PICK UP PLAN Prior to building permit issuance the applicant shall provide a trash pickup plan. This should identify the location of the trash pickup of all three residences on the site. 9. INGREE/EGRESS ACCESS AGREEMENT Prior to building permit issuance, the applicant shall prepare and record a covenant on the property that: a) Describes the purpose, functions and beneficiaries of the ingress/egress access easement; b) Declares that the applicant agrees to work with neighboring owners of property to the north of the subject site to facilitate future access to their lots, which includes but is not limited to sharing driveway improvements, altering grading and modifying and/or demolishing of retaining walls and other improvements built in the easement area. The covenant shall state that the declaration is binding on successors and assigns of the owner(s). The covenant shall be reviewed and approved by the City Attorney prior to recordation. 10. DRIVEWAY EASEMENT AREA The shared ingress/egress driveway shall be impervious pavers. 11. INTERIOR GARAGE DIMENSION The interior garage clearance shall be 20 feet by 20 feet(measured from inside walls). 12. LANDSCAPE PROTECT SUBMITTAL Prior to issuance of building �ermits, the applicant shall submit a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. Resolution No.6744 EXC-2014-02 June 9,2014 13. LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed and �rior to final occu�anc�. T`he findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the following statement: "T'he landscape and irrigation system have been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." 14. LANDSCAPE AND IRRIGATION MAINTENANCE A maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, with the landscape installation report prior to issuance of final occu�anc�, or any time before the landscape installation report is submitted prior to issuance of buildin��ermits. a) Schedules should take into account water requirements for the plant establishment period and water requirements for established landscapes. b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size- adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. 15. TREE PROTECTION The existing trees to remain shall be protected during construction per the City's Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City's standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain prior to issuance of building permits. A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 16. COMPLIANCE WITH MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The project shall be required to adhere to the mitigation measures identified in the Mitigated Negative Declaration (EA-2014-04) and Mitigation Monitoring and Reporting Program (MMRP) for the project. 17. GEOLOGY AND SOILS MITIGATION MEASURES MM GEO-1: The Geotechnical Study has identified and provided recommendations for site rupture potential under section 9.1 Location of Proposed Improvements. Those recommendations will be followed in the construction of the project. Resolution No.6744 EXC-2014-02 June 9,2014 MM GEO-2:The Geotechnical Study has identified and provided recommendations for seismic ground shaking potential under section 9.2 Seismic Design Criteria. Those recommendations will be followed in the construction of the project. MM GEO-3: The Geotechnical Study has identified and provided recommendations for site seismic- related ground failure under the following sections. Those recommendations will be followed in the construction of the project, except where supplemental geotechnical design measures were recommended by the Geologic and Geotechnical Peer Review (as noted below): • 9.3 Earthwork • 9.4 Foundations—The Geologic and Geotechnical Peer Review offers the following additional recommendations: ■ The Project Geotechnical Consultant shall extend all piers sufficiently into competent bedrock materials. Anticipated primary impact will be to the depths of piers on Lot C. Due to the hillside setting, the presence of shears within the colluvium, future irrigation, and the potentially high expansive nature of the colluvium, this geologic unit does not appear to present a suitable, long-term bearing material for residential foundations. ■ Structural plans shall be developed that incorporate the recommendations of the Project Geotechnical Consultant. • 9.5 Draina�e - The Geologic and Geotechnical Peer Review offers the following additional recommendations: ■ Design specifications of the retention chambers shall be included in the development plans. Additionally, the Grading and Drainage Plan shall reference the most recent geotechnical investigation report and incorporate their design recommendations. • The Geologic and Geotechnical Peer Review recommends the applicant's geotechnical consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and underpins, retaining walls and driveway) to ensure that their recommendations have been properly incorporated. 18. AIR QUALITY MITIGATION MEASURES MM AIft-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. ■ All haul trucks transporting soil, sand, or other loose material off-site shall be covered. ■ All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. ■ All vehicle speeds on unpaved roads shall be limited to 15 mph. ■ All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. ■ Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control Resolution No.6744 EXC-2014-02 June 9,2014 measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. ■ All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. ■ Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 19. BIOLOGICAL RESOURCES MM BIO-1: For every protected tree removed, plant replacement trees, of a species and size as designated by the approval authority and consistent with the replacement value of each tree removed. MM BIO-1: ■ A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not significantly raise or lower the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the drip line, the architect/arborist shall address and mitigate the impact to the tree(s). ■ All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during construction operations by constructing a four-foot-high fence around the drip line, and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. ■ No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Community Development. ■ If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. ■ Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. ■ The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. ■ Fires far any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. ■ The general contractor shall use a tree service licensee, as defined by California Business and Professional Code, to prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architect/arborist with approval of staff. ■ Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. Resolution No.6744 EXC-2014-02 June 9,2014 ■ No storage of construction materials or parking shall be permitted within the drip line area of any tree designated to be saved. 20. CULTURAL RESOURCES MITIGATION MEASURES MM HAZ-1.4: In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect culiural resources. The City of Cupertino (or its representative) shall consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any find is determined to be significant, the City of Cupertino (or its representative) and the archaeologist and/or paleontologist would meet to determine the appropriate avoidance measures. All significant cultural materials recovered shall be subject to scientific analysis, professional museum duration, and a report prepared by the qualified archaeologist according to current professional standards. 21. NOISE MITIGATION MEASURES MM NOI-1: The following construction noise mitigation measures shall be taken in order to reduce noise event impacts to nearby receptor areas: • Construction activities shall be limited to the hours of 7:00 am to 8:00 pm on weekdays and 9:00 am to 6:00 pm on weekends. Construction activities are prohibited on holidays. • All construction equipment shall use noise-reduction features that are no less effective than those originally installed by the manufacturer. If no noise-reduction features were originally installed, then the contractor shall require that at least a muffler be installed on the equipment. • No individual device will produce a noise level more than 87 dBA at a distance of twenty-five feet or the noise level on any nearby property does not exceed 80 dBA. 22. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (including, but not limited to, Building, Planning, Public Works, Santa Clara County Fire Department) to review an applicant-prepared construction management plan including,but not limited to: a. Plan for compliance with conditions of approval b. Plan for public access during work in the public right-of-way c. Construction staging area d. Construction schedule and hours e. Construction phasing plan, if any f. Contractor parking area g. Tree preservation/protection plan h. Site dust, noise and storm run-off management plan i. Emergency/complaint and construction site manager contacts 23. CONSTRUCTION HOURS 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. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules Resolution No.6744 EXC-2014-02 June 9,2014 and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. 24. 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. 25. 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. 26. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 27. 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. RETAINING WALL Developer will be responsible for designing and installulg a concrete retaining wall on the downhill (east) side of Cordova Road along the property frontage, in accordance with City Standards and as approved by the City Engineer. The retaining wall will need to provide adequate support for the roadway to handle the increased traffic caused by the development and to address emergency vehicle (fire truck) loading requirements. The Developer shall provide to the City samples or depictions of the wall fa�ade for approval,prior to installation of the wall. 2. .ASPHALT PAVEMENT ALONG PUBLIC STREET Developer will be required to repair any damage to the asphalt pavement in the public right of way caused by project's construction activities, as required by and to the satisfaction of the City Engineer.