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PC Reso 2024-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 2024-01 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ADD A PORCH AND ROOF DECK, AS WELL AS LANDSCAPE MODIFICATIONS AT AN EXISTING HILLSIDE PROPERTY ON A PROMINENT RIDGELINE LOCATED AT 22777 SAN JUAN ROAD SECTION I: PROJECT DESCRIPTION Application No.: EXC-2023-006 Applicant: Chris Pomodoro, Pomodoro Architects Property Owner: Venktesh and Abha Shukla Location: 22777 San Juan Road (APN 342-22-104) SECTION II: FINDINGS FOR A HILLSIDE EXCEPTION: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Hillside Exception 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, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons set forth in the staff report dated February 23, 2021 and incorporated herein; and WHEREAS, on February 27, 2024, the Planning Commission held a duly noticed public hearing to receive public testimony on the Project, including the categorical CEQA Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 2 exemption in CEQA Guidelines section 15303, and reviewed and considered the information contained in the staff report pertaining to the Project, all other pertinent documents, and all written and oral statements received by the Planning Commission at or prior to the public hearing; 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 public health and safety; The proposed site is surrounded by existing hillside single-family residences. A geotechnical study has been conducted for the proposed project and a peer review will be conducted for the development prior to issuance of Building Permits. In addition, the development is required to meet the Best Management Practices (BMPs), as required by the State Water Resources Control Board and the Bay Area Air Quality Management District’s (BAAQMD) air quality standards for construction activities. The project is also required to adhere to the City’s C.3 Municipal Permit for storm water runoff management. Therefore, the development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 2. The proposed development will not create a hazardous condition for pedestrian or vehicular traffic; The project will not create any new traffic impacts and/or driveways to San Juan Road. 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; The property is accessed by San Juan Road. In addition, water and utilities are available in the street. The proposed project does not propose any changes to such access or services. Therefore, the development has legal access to public streets and public services to serve the development. 4. The proposed development requires an exception which involves the least modification of, or deviation from, the development regulations prescribed in this chapter necessary to accomplish a reasonable use of the parcel; Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 3 Any onsite development that disrupts the 15% sight line of the prominent ridgeline requires a Hillside Exception per the Municipal Code. Development cannot feasibly occur on the property without a Hillside Exception request, as the site is constrained by a prominent ridgeline that runs through the middle of the property. The roof deck and other modifications to the principal dwelling unit do not add height and bulk to the structure, and are being made consistent with the regulations in the Residential Hillside (RHS) Ordinance. 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; The paved terraced area is proposed in a relatively flat portion of the property in order to avoid excessive grading of the site. Further, the site is constrained by steep slopes that limit areas on the parcel where development may occur. The siting and design of the terraced area will minimize grading and minimize the removal of landscaping necessary to develop the property in a manner consistent with the purpose of the Residential Hillside Ordinance. Other alternative locations for development on the parcel would result in greater grading on the site, removal of additional landscaping and/or native trees, and possibly increase disruption of the 15% sight line of the prominent ridgeline. 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 which have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein (See General Plan Policy 2-49); The geotechnical report did not indicate any significant conflicts with geological or environmental hazards. Further, a peer review of the Geologic/fault investigation and geotechnical report will be peer reviewed by the City’s consultant prior to issuance of Building Permits. Therefore, the proposed development does not consist of structures that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. 7. The proposed development includes grading and drainage plans which will ensure that erosion and scarring of the hillsides caused by necessary construction of roads, housing sites, and improvements will be minimized (See General Plan Policies 2-53, 2-54 and 2-57); The proposed development follows, as closely as possible, the primary natural contours of the lot to minimize erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements. Drainage and grading plans have been reviewed and will Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 4 continue to be reviewed by the City Engineer and the City’s consultant geotechnical engineers to ensure the safety of the development and neighboring residences. 8. The proposed development does not consist of structures which would disrupt the natural silhouette of ridgelines as viewed from established vantage points on the valley floor unless either: a. The location of a structure on a ridgeline is necessary to avoid greater negative environmental impacts; or b. The structure could not otherwise be physically located on the parcel and the size of the structure is the minimum which is necessary to allow for a reasonable use of the parcel (See General Plan Policies 2-46, 2-47 and 2-48); The proposed roof deck and terrace area will be largely located in an area that previously encompassed a deck to avoid excessive grading of the site. Additionally, the visual study from established vantage points on the valley floor do not indicate that the proposed development is more visually intrusive than earlier. Development cannot feasibly occur on the property without a Hillside Exception request as the site is constrained by a prominent ridgeline that runs through the middle of the property. Further, the site is constrained by steep slopes that limit areas on the parcel where development may occur. The siting and design minimizes grading and removal of landscaping necessary to develop the property in a manner consistent with the Residential Hillside Ordinance. Other alternative locations for development on the parcel would result in greater grading on the site, removal of additional landscaping and/or native trees, and possibly increase disruption of the 15% sight line of the prominent ridgeline. The proposed development will be located to minimize environmental and grading impacts on the site. 9. The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts (See General Plan Policies 2-46, 2-50, 2-51 and 2-52); The applicant is required to use natural earth tone and/or vegetation colors, which blend with the natural hillside environment (as a condition of approval) and has designed the project in such a manner as to reduce the effective visible mass to surrounding neighbors as much as possible. 10. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible there from), riparian corridors, and wildlife Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 5 habitats unless such location will create other, more negative environmental impacts (See General Plan Policies 2-55, 5-14 and 5-28); The parcel is not located adjacent to public open space preserves, parks, a riparian corridor, or wildlife habitats. The project site is adjacent to other developed properties with a similar zoning. 11. The proposed development includes a landscape plan, which retains as many specimen trees as possible, which utilizes drought-tolerant native plants and ground covers consistent with nearby vegetation, and which minimizes lawn areas (See General Plan Policies 2-54, 5-15 and 5-16); The project is conditioned to provide a landscape plan to be reviewed and approved prior to Building Permit issuance. The project shall also comply with Chapter 14.15: Landscape Ordinance of the City of Cupertino Municipal Code (CMC). Additionally, since the site is located in an area designated as Wildland Urban Interface by CMC Chapter 16.74, fire-prone plant materials and highly flammable mulches are strongly discouraged. In conformance with California Public Resources Code Section 4291, plants shall be selected, arranged, and maintained to provide defensible space for wildfire protection. The installation of invasive plant species and noxious weeds are also prohibited. Further, Residential Hillside homes are required to minimize turf areas on hillsides and turf may not be planted on slopes greater than 25%. Through the proposed site design and conditions of approval, which limit invasive species of plants and turf areas, a balance between the residential development and preservation of the natural hillside setting will be maintained. 12. The proposed development confines solid fencing to the areas near a structure rather than around the entire site (See General Plan Policy 5-17); and No new fencing is proposed as part of this project. 13. The proposed development is otherwise consistent with the City's General Plan and with the purposes of this chapter as described in Section 19.40.010. The development meets all the development standards for RHS zoned properties and is consistent with the City's General Plan and with the purposes of Chapter 19.40 as described in Section 19.40.010. These have been described in detail in each of the findings above. WHEREAS, the Planning Commission has independently reviewed and considered the Project and the basis for the exemption prior to taking any approval actions on the Project, and exercising its independent judgment, based upon the entire record before it, has determined that the Project is exempt from CEQA pursuant to CEQA Guidelines Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 6 section 15303, which applies to new construction or conversion of single-family residences and accessory structures; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the following actions: 1. Exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA Guidelines section 15303 applies to new construction or conversion of single-family residences and accessory structures. The proposed project is accessory to the existing single-family residence. 2. Approves the application for a Hillside Exception, Application no. EXC-2023-006 subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof. The conclusions and subconclusions upon which the findings and conditions specified in this resolution are based, including those contained in the Public Hearing record concerning Application no. EXC-2023-006 as set forth in the Minutes of Planning Commission Meeting of February 27, 2024, are hereby incorporated by reference as though fully set forth herein. NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true and correct and are included herein by reference as findings. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the plan set consisting of forty (40) sheets, labled Sheets A0.0 – A4.0, C1.0 – C5.0, E2.0, E2.1, ER1, ER2, EX1.0-EX3.2, L0.0 – L5.2, SU1 and SW1, entitled, “22777 San Juan Road,” drawn and submitted by Chris Pomodoro of Pomodoro Architects. 2. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 3. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible 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 Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 7 records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 4. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The exterior colors and materials shall be natural earth tones and have low light reflectivity values of 60 or less. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 5. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in the Municipal Code. d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. The applicant shall annotate all permit plans with the above requirements and shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 8 6. 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 exposed surfaces areas (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) 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. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. 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. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. 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. f. 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 measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. 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. h. 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. The applicant shall incorporate the City’s construction best management practices into the building permit plan set prior to any grading, excavation, foundation or building permit issuance. 7. CONSTRUCTION MANAGEMENT PLAN Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 9 Final map improvement plans shall include a construction management plan detailing how construction activities will be conducted. The plan shall address, but not be limited to the following activities: a. Construction staging area (shall not occur within 15 feet of neighboring residential property lines) b. Construction schedule and hours c. Construction phasing plan, if any d. Contractor parking area e. Tree preservation/protection plan f. Site dust, noise and storm run-off management plan g. Emergency/complaint and construction site manager contacts 8. DEMOLITION OF STRUCTURES All demolished buildings and site materials shall be recycled to the maximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials will be recycled prior to issuance of demolition permit. 9. LANDSCAPE PROJECT SUBMITTAL: Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 500 square feet or more or elect to submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area between 500 square feet and 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 10. NESTING BIRDS Nests of raptors and other birds shall be protected when in active use, as required by the federal Migratory Bird Treaty Act and the California Department of Fish and Game Code. a. Construction and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, tree removal and/or pruning shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from February 1 through August 31. Preconstruction surveys (described Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 10 below) are not required for tree removal or construction activities outside the nesting period. b. If construction activities and any required tree removal occur during the nesting season (February 1 and August 31), a qualified ornithologist shall be required to conduct surveys prior to tree removal or construction activities. Preconstruction surveys shall be conducted no more than 14 days prior to the start of tree removal, pruning or construction. Preconstruction surveys shall be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped. During this survey, the ornithologist shall inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. c. If the survey does not identify any nesting birds that would be affected by construction activities, no further mitigation is required. If an active nest containing viable eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented and protective measures implemented under the direction of the qualified ornithologist until the nests no longer contain eggs or young birds. d. Protective measures shall include establishment of clearly delineated exclusion zones (i.e. demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be submitted to the Planning Manager, through the building permit review process, and be completed to the satisfaction of the Community Development Director prior to the start of grading. 11. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 11 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. 12. ENGINEERED PLANS, CALCULATIONS, AND DETAILS Engineered plans, calculations, and details of the deck, and deck foundation shall be prepared that incorporate the geotechnical design recommendations. 13. GEOTECHNICAL PLAN REVIEW AND SUPPLEMENTAL GEOTECHNICAL CONSIDERATIONS The City Geotechnical Consultant shall review the development plans to assure that they are in conformance with the geotechnical design recommendations prior to building permit issuance. The Engineered Plans, Calculations, and Details, and Geotechnical Plan Review and Supplemental Geotechnical Considerations shall be submitted to the City for review by City Staff and the City Geotechnical Consultant prior to issuance of building permits. 14. GEOTECHNICAL CONSTRUCTION INSPECTIONS Prior to final inspections, the City Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations prior to placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the City Geotechnical Consultant in a letter and submitted to the City Engineer for review and approval prior to final inspections. 15. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City’s choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the “indemnified parties”) from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as “proceeding”) brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 12 other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees and costs shall include amounts paid to the City’s outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys’ fees, or costs awards, including attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. The Applicant shall agree to (without limitation) reimburse the City for all costs incurred in additional investigation or study of, or for supplementing, redrafting, revising, or amending, any document (such as an Environmental Impact Report, negative declaration, specific plan, or general plan amendment) if made necessary by proceedings challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 16. 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 Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 13 1. BUILDING PERMIT APPLICATION The geotechnical 3rd party review will be deferred to the building permit application stage. Additional comments will be provided during the Building Permit stage. 2. ACCEPTANCE OF PROPERTY RIGHTS The Public Works Director, or his/her designee, shall have the authority to accept all offers of dedications, easements, quitclaims and other property rights and interests on behalf of the City. 3. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Works. All improvements must be completed and accepted by the City prior to Building Final Occupancy or Street Improvement Encroachment Permit acceptance whichever comes first. 4. GRADING A Grading permit and an engineer's cost estimate for grading work will be required during the Building review stage. Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 5. DRAINAGE Drainage shall be provided to the satisfaction of the Director of Public Works and satisfy any requirements from the environmental analysis. Hydrology and pre- and post-development hydraulic calculations have been provided. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the Director of Public Works. 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. 2024-01 EXC-2023-006 February 27, 2024 Page 14 All storm drain inlets shall be clearly marked with the words “No Dumping – Flows to Creek” using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. Additional comments will be provided and shall be incorporated prior to Building Permit approval. 6. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said agreement and fees shall be executed and paid prior to issuance of Building permit. Fees: a. Checking & Inspection Fees: Per current fee schedule ($1,218) b. Grading Permit: Per current fee schedule ($3,683 or 6% of improvement costs) c. Storm Drainage Fee: Per current fee schedule ($4,361 per DU) d. 3rd Party Geotech: Based on actual cost plus 15% admin fee Bonds: 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 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. 7. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the Director of Public Works. Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 15 8. 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. 9. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 10. EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 11. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100’ of a Fire Hydrant). 12. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 13. SAN JOSE WATER SERVICE COMPANY CLEARANCE Provide San Jose Water Service Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 14. DEDICATION OF UNDERGROUND WATER RIGHTS Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. Resolution No. 2024-01 EXC-2023-006 February 27, 2024 Page 16 15. CUPERTINO SANIT ARY DISTRICT A letter of clearance or sign off of street improvement plans for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 16. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the properff (including PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. PASSED AND ADOPTED this 27' day of February, 2024, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: COMMISSIONERS: Lindskog, Mistry, Fung, Madhdhipatla, Scharf COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST: Piu Ghosh Planning Manager APE 'Bavvi'd Fung Chair, Planning Commission