Reso 6648 DP-2011-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 6648
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF TWO NEW RETAIL
BUILDING PADS;8,136 SQUARE FEET AND 5,086 SQUARE FEET RESPECTIVELY; AND
DEMOLITION OF AN EXISTING 4,930 SQUARE FOOT RESTAURANT BUILDING FOR A NET
SQUARE FOOTAGE INCREASE OF 8,292 SQUARE FEET LOCATED AT 20750 STEVENS CREEK
BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2011-03
Applicant: Mark Creedon
Property Owner: Byer Properties
Location: 20750 Stevens Creek Boulevard (APNs 359-08-020, 359-08-021, 359-OS-022, 359-08-
006,359-08-013)
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 P1aruling Comxnission 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 P1aru1u1g 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 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 (file no. EA-2011-10) is hereby recommended for adoption; and the
application for a Development Permit, Application no. DP-2011-03 is hereby recommended for approval
and that the subconclusions upon which the findings and conditions specified in this resolution are based
Resolution No.6648 DP-2011-03 August 9,2011
and contained in the Public Hearing record concerning Application no. DP-2011-03 as set forth in the
Minutes of Planning Commission Meeting of August 9, 2011,and are incorporated by reference as though
fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated June 28, 2011 with a revision date of July 27, 2011 consisting
of 27 sheets labeled A0.0, A0.1, A0.2, A0.5, A1.0, A1.1, A3.1, A3.2, A4.0, A4.1, A4.2, A4.3, A4.4, C-1,
C-2, C-3, L1.0, L2.0, L3.0, L4.0, AL1.0, AL1.1. AL1.2, AL2.1, AL2.2, A3.1, and AL3.2, entitled, "PD
Set, Crossroads Center, 20730 Stevens Creek Boulevard, Cupertino, CA 95014;' drawn by Kahn
Design Associates; and on the parking study dated August 3, 2011 consisting of six (6) pages
entitled, "Parking Study at 20750 Stevens Creek Boulevard;' prepared by Hexagon Transportation
Consultants, Inc. except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2011-12, EXC-2011-10, and TR-2011-30 shall be
applicable to this approval.
4. DEVELOPMENT APPROVAL AND PROJECT AMENDMENTS
Development Permit approval is granted to for two new retail building pads; 8,136 square feet and
5,086 square feet respectively; and demolition of an existing 4,930 square foot restaurant building for
a net square footage addition of 8,292 square feet.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
5. DEVELOPMENT ALLOCATION
The City shall deduct 8,292 square feet from the retail commercial General Plan allocation for the
Heart of the City.
6. PARKING APPROVAL AND FUTURE REVIEW
The project area total of 625 parking spaces and 1,029 parking spaces in the entire Crossroads
Shopping Center is approved with the restaurant limitation described in condition#7.
In the event that the shopping center proposes more intense uses requiring more restrictive parking
requirements than those shown on the August 3, 2011 Hexagon Transporation Consultants, Inc.
report, a parking study (including a parking demand survey) shall be required prior to approval by
the Director of Community Development.
7. MAXIMUM PERCENTAGE OF RESTAURANTS IN THE SHOPPING CENTER
A maximum of 13.5% or 24,062 square feet of the Crossroads Shopping Center may be occupied by
restaurants (or any food-related uses with similar parking demand). The restaurant limitation
applies to the portion of the shopping center extending westward from 20568 Stevens Creek
Boulevard to 20840 Stevens Creek Boulevard.
Resolutiort No.66�8 DP-2011-03 August 9,2011
When the shopping center is fully leased, the property owner may request additional restaurant area
with a major modification application through the Planning Commission. The application shall
include an updated parking study with an onsite parking demand survey.
8. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by paying
the housing mitigation fees as per the Housing Mitigation Manual. The estimated mitigation fee for
this project is $43,367.16 based on the 2011-2012 fiscal year rate of $5.23 per square foot of net
addition.
9. ODOR ABATEMENT SYSTEMS
Odor abatement systems shall be installed for all new restaurant uses in the Cupertino Crossroads
Shopping Center.
10. LOT MERGERS
Prior to final occupancy, the property owner shall obtain necessary approvals with the City to merge
the two existing lots on the east side of the shopping center (APNs 359-08-022 and 359-08-021) with
the main shopping center parcel, APN 359-08-020.
11. RECIPROCAL ACCESS AGREEMENTS
The property owner shall record reciprocal ingress/egress agreements for the newly merged parcels
onto the adjacent parcels in the shopping center. The agreement shall be approved by the City and
recorded on the property as a covenant prior to final occupancy.
12. TDM MEASURES
The Director of Community Development has the ability to require additional transportation
demand management measures to address any future parking concerns. Examples of transportation
demand management measures may include,but are not limited to:
a) Transit improvements
b) Non-motorized improvements
c) Shift peak-shared parking
d) Guaranteed ride home
e) Car sharing
� Taxi service
g) Pricing
13. FINAL PLAZA (WEST OF BUILDING F)DESIGN
The final plaza (located between Building F and Pizza Hut, and leading up to the large Oak tree
identified as tree #37 in Arbor Resources' July 22, 2011 arborist report) design shall be reviewed and
approved by the Director of Community Development prior to issuance of building permits. The
plaza shall incorporate design features, including, but not limited to, outdoor seating, tree grates,
furniture, public art, linear pedestrian paths, and other features deemed appropriate by the Director
of Community Development to contribute to activating the space leading to the sidewalk.
14. FUTURE BUILDING PAD WEST OF BUILDING F
The conceptual future building pad west of Building F (identified as Building G on sheet A1.1 of the
development plans) is not approved and is shown for illustrative purposes only. Final design and
site details must be reviewed and approved by the City. The project shall be subject to a
Development Permit, Architectural and Site Approval, and other applications as deemed necessary.
Resolution No.6648 DP-2011-03 August 9;2011
15. FINAL BUILDINGDESIGN
The final plans must address the following recommendations and shall be reviewed and approved
by the Director of Community Development prior to issuance of building permits. The Director of
Community Development may approve additional designs not listed below or make variations as
deemed appropriate.
Building E:
a) Consider metal canopies (with visible supports) above the corner tenant space entries
b) Consider lights near doors and above wall signage
c) Use opaque or frosted glass panels where more interior wall area is necessary
d) Widen glazed areas with glass side panels
e) Decrease the size of pilasters
� Consider a low wall with project signage (may be deferred to the final sign program)
g) Add one or more wide stairs from the sidewalk to the building entrance
h) Visually strengthen the pedestrian linlc between the pad and center with landscaping and special
paving
Building F:
a) Consider replacing the stucco eyebrow on the front elevation with a metal canopy
b) Consider adding a cap or light bar on the entry tower to match the metal canopy on the building
frontage
c) Consider using metal for all trellises
d) Substantially open up the street-facing elevation with windows and/or doors all the way to the
ground to the maximum extent possible.
e) Use landscaping to enhance the sense of entry
i) Use signs, graphics, or art to enhance the entry image from the street (may be deferred to the
final sign program)
16. MAIN BUILDING ENTRANCE
The main building entrance for the tenants of Building E shall be located on the Stevens Creek
Boulevard side. The entrance doors facing Stevens Creek Boulevard are to be kept open and free of
any obstructions. No more than 25% of each window bay shall be obstructed with signage, opaque
store materials, etc. Boarding,closure,or painting of windows is not permitted.
17. SIGNAGE
Signage is not approved with this application. Signage shall conform to the City Sign Ordinance
(Title 17 of the Cupertino Municipal Code) and Heart of the City Specific Plan.
18. MASTER SIGN PROGRAM
A separate master sign program application for the entire Crossroads Shopping Center is required
for this project prior to final occupancy. The sign program shall be reviewed and approved by the
Director of Community Development.
19. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street areas or adjoining developments. Screening materials/colors shall match
building features and materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment and necessary
screening shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
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20. SITE LIGHTING
All new lighting must conform to the standards in the General Commercial (CG) Ordinance, and the
final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance.
21. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall specify
locations of trash facilities, refuse pick up schedules and truck delivery schedules and routes. All
trash facilities must be screened and enclosed to the satisfaction of the Public Works Department.
The final plan shall be submitted to the City for review and approval prior to issuance of building
permits.
22. RESTRICTED DELIVERY AND PICKUP HOURS
In accordance with the City's Community Noise Control Ordinance, vehicular deliveries and
pickups (with the exception of refuse pickups) are restricted between the hours of 8 pm and 8 am
Monday through Friday and 6 pm and 9 am on Saiurday and Sunday.
22. RESTRICTED DELIVERY TRUCK ENTRANCE AND SIGNAGE
Delivery and trash trucks shall be restricted from ingress access through the driveway along the
west side of the building. Additional onsite signage and other appropriate mitigation measures will
be required if future reports of violations occur.
23. NOISE MITIGATION MEASURES
The project and retail operations shall comply with the City's Community Noise Control Ordinance
(Chapter 10.48 of the CMC). In addition, the following mitigation measures shall be taken in order to
reduce noise event impacts to nearby receptor areas:
a) Delivery trucks shall be turned off while unloading products at the loading dock.
b) Construction equipment shall be have quiet design features,be well-maintained, and have a high
quality muffler system.
c) Temporary plywood enclosures shall be erected around stationary equipment that produces
excessive noise at nearby receptors.
d) Unnecessary idling of machines when not in use shall be prohibited.
e) Good maintenance and lubrication procedures shall be used to reduce operating noise.
24. TREE PROTECTION
Prior to building permit issuance, the tree protection measures contained in Arbor Resources'
arborist report dated July 22, 2011 shall be implemented as deemed appropriate by the Director of
Community Development for the trees to be retained. The City's consulting arborist shall verify that
the tree protection measures are in place prior to construction/demolition. The tree protection
measures shall be placed in the construction plan set and posted on tree protection fences. A report
ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final
occupancy.
25. TREE MITIGATION MEASURES
Tree mitigation measures contained in Arbor Resources' arborist report dated July 22, 2011 shall be
implemented as deemed appropriate by the Director of Community Development to minimize the
impacts of the project on the existing trees. The construction plans shall demonstrate compliance
with the mitigation measures.
Resolution No.6648 DP-2011-03 August 9;2011
26. ADDITIONAL TREE MAINTENANCF,/EVALUATION
Additional tree maintenance and evaluation measures contained in Arbor Resources' arborist report
dated July 22, 2011 shall be implemented prior to final occupancy as deemed appropriate by the
Director of Community Development.
27. FRONTAGE DETAILS
The final street frontage details, including, but not limited to sidewalk paving material, street
furniture, landscaping and tree selection shall be subject to review and approval by the Director of
Community Development prior to building permit issuance. In addition, the final sidewalk paver
design shall allow anchoring to adequately support the bus shelter.
28. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, 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.
29. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after the
landscaping and irrigation system have been installed. The 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: "The 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."
30. 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, or any time before the landscape installation report is submitted.
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 adjustxnents in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
31. UTILITY STRUCTURES
All new utility structures shall be located underground or screened from public view to the
satisfaction of the Director of Community Development and Public Works.
32. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre-construction
Resolution No.6E�48 DP-2011-03 August 9,2011
meeting with the pertinent departments (Building, Planning, and Public Works) to review an
applicant-prepared construction management plan including,but not limited to,plan for compliance
with conditions of approval, staging of construction equipment, tree protection, public access, and
noise and dust control.
33. 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
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.
34. 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.
35. 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.
36. 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 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
modification approval.
37. 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.
38. 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,
Resolution No.6648 DP-2011-03 Aizgust 9,�2011
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. TRAFFIC SIGNAL IMPROVEMENTS
The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic signal at
Bandley Drive and Stevens Creek Boulevard. The developer shall submit a bond for this purpose
which will be released 90 days after installation of the upgrades.
2. MEDIAN IMPROVEMENTS
The developer shall agree to fund up to $25,000 for the purpose of upgrading the traffic median on
Stevens Creek Boulevard, east of Bandley Drive and west of De Anza Boulevard. The developer
shall submit a bond for this purpose which will be released 90 days after installation of the upgrades.
3. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
4. SIDEWALK,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.
5. 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.
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. 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.
8. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
9. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolutio�l No.6648 DP-2011-03 August 9,2011
10. 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.
11. 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.
12. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. NPDES CONSTRUCTION GENERAL PERMIT
The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control Board,
which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of
Resolution No.6648 DP-2011-03 August 9;2011
construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP
inspection and maintenance.
20. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or
more of impervious surface (collectively over the entire project site). The developer shall reserve a
minimum of 4% of developable surface area for the placement of low impact development measures,
for storm water treatment, 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
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.
21. 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
b. Grading Permit: $Per current fee schedule
c. Development Maintenance Deposit: $2,000.00
d.Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: N/A
g. Park Fees: N/A
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 Improvements
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.
22. BUS STOP LOCATION
The developer shall improve bus stops on Stevens Creek Boulevard 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.
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23. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by
the City. The plan shall include a temporary traffic control plan for work in the right of way as well
as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed
and approved by the City prior to commencement of work. The City has adopted Manual on
Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
24. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
25. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
26. 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.
27. 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.
28. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
29. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type approved by the
City in accordance with Ordinance No. 125.
30. SANTA CLARA WATER DISTRICT CLEARANCE
Provide Santa Clara water district approval before recordation of the final map. The developer shall
pay for and obtain Water District permit for activities or modifications within the District easement
or fee right of way or affecting District facilities.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. FIRE SPRINKLER SYSTEM
Both buildings are shown as having fire sprinkler systems. 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
o�ccupancy 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. 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
Sections 903.2.1 through 903.2.18,as adopted and amended by CUPMC.
Resolution No.6648 DP-2011-03 August 9,-2011
2. 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
system, and/or fire suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the potable water
supply of the purveyor of record. Final approval of the system(s) under consideration will not be
granted by this office until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7.
3. FIRE DEPARTMENT ACCESS
Page A0.2 of the plans illustrates turn radius for emergency vehicular access. Minimum clear height:
Vertical clearance over required vehicular access roads and driveways shall be 13'6". 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. CFC Sec. 503
plans appear to show compliance with this requirement.
4. PUBLIC FIRE HYDRANT(S) REQUIRED
Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San
Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant
flow of 1,500 GPM at 20 PSI, residual. Fire hydrants shall be provided along required fire apparatus
access roads and adjacent public streets.
5. 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.
6. CONSTRUCTION PLAN NOTES
To prevent plan review and inspection delays, the above noted Development Review Conditions
shall be addressed as "notes" on all pending and future plan submittals and any referenced
diagrams to be reproduced onto the future plan submittal.
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.
Resolution No.6ti48 DP-2011-03 August 9,2011
PASSED AND ADOPTED this 9th day of August, 2011, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee,Vice Chair Miller, Brophy, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
' ��._ � '
Winnie Lee,C ai
ity lanner Planning Commissi
G:�Planning�PDREPORT�RES�2011\DP-2011-03 res.dac