104-3 - DP-2014-02 Draft Resolution.pdf
DP-2014-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN ABANDONED
AUTOMOBILE SERVICE STATION AND CONSTRUCT SIX RESIDENTIAL UNITS, INCLUDING FIVE
LIVE-WORK UNITS WITH DETACHED WORKSPACES, ALONG WITH ASSOCIATED SITE AND
OFF-SITE IMPROVEMENTS, LOCATED AT 10121 N. FOOTHILL BLVD
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2014-02
Applicant: Tate Development
Property Owner: Foothill Auto Service & Detail, Inc.
Location: 10121 N. Foothill Boulevard (APN 342-32-070)
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:
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;
Given that the project is consistent with the General Plan and Zoning Ordinance; has been designed to be
compatible with and respectful of adjoining land uses; and that relevant mitigation measures will be
incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant
level, the project 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 General Plan and the purpose of the City’s zoning ordinances.
Draft Resolution DP-2014-02 April 22, 2014
The proposed development is in conformance with the General Plan Land Use Map of the City of Cupertino,
since it is consistent with the existing land use designation (Commercial/Residential). In addition, the
design is consistent with General Policies that encourage development to activate streetscapes, be oriented to
public streets, and avoid walls and gates that isolate developments from the community. The location,
height, and massing of the buildings are compatible with the adjacent and surrounding developments. The
proposed project format is consistent with the City’s General Plan Policy 2-32, which specifies for this area
to provide neighborhood commercial uses along the street and to discourage standalone commercial
developments.
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-2014-01) is hereby recommended for adoption;
and the application for a Development Permit, Application no. DP-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. DP-2014-02 as set forth
in the Minutes of Planning Commission Meeting of April 22, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received April 16, 2014 consisting of 39 sheets
labeled A0-A19, AL1.1-AL1-4, C1-C5, TM, L0, L0.1, L0.2, L1, L2, L2.1, and L2.2, entitled, “Foothill
Blvd PUD, 10121 N Foothill Blvd., Cupertino, CA 95014,” drawn by Modative, SMP Engineers, and
Miriam Rainville; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. Z-2014-01, TM-2014-01, ASA-2014-02, and TR-2014-
08 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
Draft Resolution DP-2014-02 April 22, 2014
5. SUPERCEDANCE OF U-1987-53
The conditions contained in this Development Permit shall supersede the previously approved Use
Permit (U-1987-53) on the property, since this Development Permit involves the complete
demolition of the use associated with Use Permit application no. U-1987-53.
6. DEVELOPMENT APPROVAL AND PROJECT AMENDMENTS
Development Permit approval is granted to allow the demolition of 1,608 square feet of existing
commercial space (abandoned automobile service station) and the construction of six residential
units, including five live-work units with detached workspaces. The following square footages are
approved for the residential units and workspaces:
Homes 1-5: 2,668 s.f. (1,320 s.f. first floor, 1,348 second floor)
Home 6: 2,690 s.f. (1,271 s.f. first floor, 1,419 s.f. second floor)
Home 1-3 workspaces: 452 s.f.
Home 4-5 workspaces: 411 s.f.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
7. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of six residential units from the Other Commercial Centers
General Plan residential allocation area. 1,608 commercial square feet shall be backfilled into the
Other Commercial Centers General Plan commercial allocation area.
8. WORKSPACE PERMITTED/PROHIBITED USES AND PERFORMANCE STANDARDS
Permitted uses in the workspaces shall be consistent with the City’s Home Occupation Ordinance,
currently Chapter 19.120 of the Municipal Code and shall be subject to the following performance
standards (including prohibited uses):
a. Usage:
i. The residential and the commercial space must be occupied by the same tenant, and no
portion of the live/work unit may be rented or sold separately.
ii. The commercial component as designated on the floor plan approved shall remain
commercial and cannot be converted to residential use.
iii. The residential component as designated on the floor plan approved shall remain
residential and cannot be converted to commercial use.
iv. The commercial component shall be restricted to the unit and shall not be conducted in
the yard, garage, or any accessory structures.
v. The commercial component shall not detract from, or otherwise be a nuisance to, the
residential character or appearance of the dwelling units.
vi. No explosive, toxic, combustible or flammable materials in excess of what would be
allowed incidental to normal residential use shall be stored or used on the premises.
b. Location: Prevent intrusion of light, noise and unsightly conditions from disturbing neighbors.
i. Confine home occupation to workspaces.
ii. Front yards, driveways may not be used for home occupation purposes.
Draft Resolution DP-2014-02 April 22, 2014
c. Display: Maintain visual character of principal residence as a residence.
i. Workspace activities shall involve no exterior display of merchandise or stock in trade for
sale.
d. Sales Activity: Restrict scope of workspace activity to ensure that residential use remains
primary.
i. Direct sale of products off display shelves or racks to the general public is prohibited;
however an order may be filled on the premises if placed earlier by a customer using
telephone, e-mail, or mail order communications, or through attendance of sales party.
ii. Parties for the purpose of selling or taking orders for merchandise shall not be held more
than two times in any month.
iii. Workspace activities which involve the sale or rental of vehicles or vessels shall not be
permitted to keep any vehicles on the premises at any time, or to deliver such vehicles to
renters or purchasers on the premises.
e. Intrusive Effects: Ensure that processes, tools, and hours of operation do not disturb neighbors
through noise, odor, vibration, TV/radio interference.
i. All workspace activities shall comply with City noise ordinance daytime/nighttime
limitations.
ii. All workspace activities shall be conducted so as to maintain emissions at nonintrusive
levels.
iii. Appropriate equipment shall be installed to reduce emissions to nonintrusive levels.
f. Traffic: Ensure that pedestrian, automobile, or truck traffic, or parking demand is not
significantly above normal levels for that zone.
i. Deliveries to and from the premises restricted per the Municipal Code.
g. Employment: Ensure that traffic is not significantly above normal levels for that zone.
i. Workspace activities shall be carried on by members of the household occupying the
dwelling, with not more than one additional person employed on the premises who is
not a resident thereof. This shall not exclude the employment of domestic servants,
gardeners, janitors, or other persons concerned in the operation or maintenance of the
dwelling, whether living on the premises or not.
h. Utility Service: Maintain residential scale of utility services to limit workspace activity to an
incidental use.
i. Workspace activity requiring a water meter above the size customary to a residence in
that zone is prohibited.
ii. Electrical panel restricted to size customary to a residence in that zone.
i. Business Vehicle: Restrict number, size, and keeping of vehicles to reduce parking demand and
maintain residential streetscape.
i. No more than one vehicle primarily used for business purposes may be parked per site.
ii. Size limited to passenger auto, pickup truck, or similar van.
j. Storage: Ensure that stored materials do not take up required parking space or accumulate in
yards.
Draft Resolution DP-2014-02 April 22, 2014
i. Storage outside of an enclosed structure is prohibited.
ii. Garage storage of materials is not allowed.
k. Signs:
i. Signage shall be developed in accordance with a master sign program for the overall
development.
ii. Signage intended to promote workspace businesses shall be restricted to two square foot
signs permanently affixed to the door or wall of the workspace.
iii. All advertising for workspace businesses shall clearly state “by appointment only.”
iv. Signs shall not be placed on the roof or within the required setback areas.
l. Excluded Occupations: The occupations listed below, shall not be considered incidental and
secondary to the primary residence and are therefore prohibited:
i. Automobile repair shops, including paint and body work;
ii. Barbershops and beauty parlors, except for hair stylists by appointment only;
iii. Boarding and/or rooming homes for more than two guests;
iv. Clinics and hospitals, also veterinary (animal) clinics and hospitals;
v. Kennels and other boarding for pets, in excess of the number of animals allowed in
the base zoning district where specified;
vi. Medical offices for physicians, dentists, osteopaths, and other practitioners;
vii. Massage, acupuncture, and other alternative medical practices.
viii. Private schools with organized classes;
ix. Upholstery, small engine repair, welding shops;
x. Food uses (including, but not limited to cottage foods, restaurants, other uses
involving food preparation)
xi. Client/customer visits in excess of one person at a time.
xii. Other uses which are found by the Community Development Director to be of similar
intensity and characteristics of use to those enumerated in this section, and are thus
inconsistent with the stated purposes of the Home Occupation Ordinance.
All workspace businesses shall obtain a City of Cupertino business license.
9. FORMATION OF A HOMEOWNERS ASSOCIATION (HOA) AND COVENANTS, CONDITIONS,
AND RESTRICTIONS (CC&Rs):
A Homeowner’s Association shall be formed to maintain the common areas of the property. The
Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City
Attorney and the Director of Community Development prior to recordation of final map. A deposit
determined by staff shall be provided for the City Attorney’s review. The CC&Rs shall include, but
not be limited to the following terms:
a. The members/board shall meet at a minimum of once/year
b. The Association dues shall cover:
i. Maintenance of common area on the property including driveways, walkways, hardscaping,
parking, landscaping and accessory items, such as trash bins/areas, on and off-site landscaping
and trees, outside trash bins, fences, etc,
ii. Building and site repair on a regular schedule, or as otherwise necessary, and building
renovation and replacement as necessary.
Draft Resolution DP-2014-02 April 22, 2014
c. Private driveway and walkway maintenance
d. Protection and maintenance of perimeter privacy trees/shrubs
e. Any changes to the CC&R’s must be reviewed and approved by the City
f. Disbanding of the Association shall require an amendment to the development permit.
g. Usage of workspaces
h. Permitted and prohibited workspace uses
i. Workspace performance standards
j. Signage for the workspaces
k. Procedures for maintenance in the City’s right-of-way
l. Procedures for architectural and site modifications
m. Environmental mitigation monitoring
n. Compliance with other project conditions of approval
o. Trash Management: The HOA shall fund the City’s time in monitoring the site and the street on
collection days to see what impact the work spaces have on the neighborhood, the traffic, and the
containment of the trash/recycling and organics using toters in a relatively dense configuration.
Additional measures, including, but not limited to, construction of a trash enclosure, may be
required if problems persist.
p. The project may be subject to levels of noise, activities, and impacts associated with commercial
uses at higher levels than would be expected in typical residential projects. Noise and other
standards shall be those applicable to commercial properties in the applicable zoning district.
q. Master sign program (if signage is requested).
10. PARKING RATIO
The project auto parking ratio shall be 3.8 spaces per unit with a workspace (2 enclosed, .8 open) and
2.8 space per unit without a workspace (2 enclosed, .8 open).
11. INTERIOR GARAGE DIMENSION
The interior garage clearance shall be 20 feet by 20 feet (measured from inside walls).
12. 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-2014-01) and Mitigation Monitoring and Reporting Program (MMRP) for
the project.
13. HOUSING MITIGATION FEES
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 $53,531.52 based on the 2013-2014 fiscal year rate of $2.94 per square foot of residential
area.
14. SCHOOL IMPACT FEES
The applicant shall pay the applicable school impact fees assessed by the school districts prior to
issuance of building permits.
Draft Resolution DP-2014-02 April 22, 2014
15. BICYCLE PARKING
The applicant shall provide Class II bicycle parking based on a minimum of five percent of the
required auto parking in accordance with the City’s Parking Regulations under Chapter 19.124 of
the Cupertino Municipal Code.
16. WORKSPACE STOREFRONTS
The workspace storefront entrances shall remain oriented towards Foothill Boulevard. The entrance
doors and storefront are to be kept open and free of any obstructions. No more than 25% of each
storefront window bay may be obstructed. Boarding, closure, shelves, permanent walls, opaque
painting/material of windows, and other storefront obstructions are not permitted.
17. MASTER SIGN PROGRAM
Signage is not approved with this application. A separate master sign program application for the
entire development if signage for the workspaces is requested.
18. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall include,
but not be limited to the following:
a. Location and design of trash facilities (i.e. trash enclosures and receptacles). Trash enclosures
shall provide ample space to include trash, recycling, food waste, and waste receptacles along
with a tallow bin.
b. Quantity of trash receptacles.
c. Primary and alternative truck routes.
d. Signage for parking stalls displaced during pick-up and delivery hours.
e. Trash pick-up schedule.
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 and the City’s refuse service for review
and approval prior to issuance of building permits.
19. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Department and
the Community Development Department prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
20. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility
plan to demonstrate screening or undergrounding of all new utility structures [including, but not
limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves
(PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works,
Fire Department, and applicable utility agencies.
Draft Resolution DP-2014-02 April 22, 2014
21. ROOFTOP EQUIPMENT AND OTHER ABOVE-GROUND EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street areas or adjoining developments. The height of the screening shall be
taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan
may be required to demonstrate that the equipment will not be visible from any public right-of-way.
The location of the equipment and necessary screening shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
22. SITE LIGHTING
All new lighting must conform to the standards in the City’s Parking 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. Prior to final occupancy, a
licensed lighting consultant shall confirm that the lighting is in compliance with the City’s
standards.
23. CITY ARBORIST REVIEW OF EXISTING NEIGHBORING AND NEW SITE TREES
Prior to grading or building permit issuance, the City’s consulting arborist shall be retained by the
developer to review all construction permit drawings and details concerning the area near existing
neighboring property trees in order to more accurately assess the impacts to the neighboring trees.
The developer shall implement any additional recommendations and tree protection measures by
the City’s consulting arborist.
The City’s consulting arborist shall also be retained by the developer to inspect the existing
neighboring trees to confirm their good health following construction. Corrective measures shall be
taken, if necessary. Additionally, prior to final occupancy, the City’s consulting arborist shall be
retained to inspect the new tree plantings to ensure that they were planted properly and according
to the approved plan.
24. LANDSCAPE PROJECT 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.
25. 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 prior to final occupancy. 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.”
Draft Resolution DP-2014-02 April 22, 2014
26. 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 occupancy, or any time before the landscape installation
report is submitted prior to issuance of building permits.
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.
27. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture, infiltration
rate, pH, soluble salt content, percent organic matter, etc) and provide recommendations for
amendments as appropriate to optimize the productivity and water efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape and
irrigation design plans in a timely manner either before or during the design process. A copy of the
soils analysis report shall be submitted to the Director of Community Development as part of the
landscape documentation package.
28. SOIL SAMPLING AND ANALYSIS
MM HAZ-1.1: The project shall conduct soil sampling and analysis of the extent of petroleum
hydrocarbons (TPH) and volatile organic compounds (VOC) contamination in soil, soil vapor,
and/or groundwater in accordance with the Work Plan approved by the Santa Clara County
Department of Environmental Health (SCCDEH) on November 5, 2013. The approved Work Plan
describes sample methodology, sample locations, the quality assurance/quality control plan,
reporting, and schedule. The Work Plan shall be implemented by the project and the results of the
sampling shall be submitted to the SCCDEH. If additional investigation is required to sufficiently
delineate the contaminants of concern, additional sampling or mitigation measures shall be
proposed and be reviewed and approved by the SCCDEH. The Work Plan shall be completed to the
satisfaction of the SCCDEH prior to issuance of grading permits for project construction.
29. SITE REMEDIATION PLAN
MM HAZ-1.2: A Site Remediation Plan shall be prepared based on the documented soil conditions
and approved by the SCCDEH. The Site Remediation Plan shall include the design of a remedy that
has the goal of mitigating ongoing threats to water quality and to conditions of unacceptable risk for
residential land use. The Site Remediation Plan shall include implementation and monitoring
schedules. Upon approval of the Site Remediation Plan, the approved remediation design shall be
implemented at the project site, prior to issuance of grading permits for project construction.
Draft Resolution DP-2014-02 April 22, 2014
Based on the current understanding of site conditions, soil vapor extraction (SVE) is considered an
appropriate remedy to mitigate the soil vapor levels to an acceptable level for residential use. An
SVE system would consist of a series of soil vapor extraction wells connected to a vacuum pump.
The depth and number of wells would be determined based on results of the additional sampling.
Vapors collected via the extraction system would be treated either through absorption onto
activated carbon or destroyed using an on-site combustion system. The operation of the mitigation
system would be tuned for optimal performance during the early operations period. Mitigation of
soil vapors to levels acceptable for residential land use is expected to take approximately three
months.
System operation shall comply with City noise ordinances and necessary permits (e.g., Bay Area Air
Quality Management District) shall be obtained prior to operation of the system. In addition,
required permits for well installation shall be obtained from the Santa Clara Valley Water District.
If vapor mitigation through SVE is the only remedy implemented, confirmation of its effectiveness
shall be documented by four quarters of soil vapor monitoring (multi-depth vapor wells installed to
five and 10 feet at each proposed residence) performed after the termination of the remediation
system.
If a different remedy is approved, the Site Remediation Plan shall include an applicable
implementation plan, schedule, monitoring, and confirmation program. Other feasible remedies
could include soil excavation with or without above-ground treatment, passive sub-slab vapor
barriers, active sub-slab vapor management systems, or a combination of these components.
30. OTHER SOIL CONTAMINANT SOURCES SAMPLING AND ANALYSIS
MM HAZ-1.3: In addition to the sampling described above, soils at the site shall be assessed for
impact from other potential contaminant sources. These sources shall be sampled and analyzed as
follows:
• Soil samples shall be collected near the location of the former hydraulic hoists and analyzed for
PCBs. Samples shall be collected at locations dictated by visual evidence of discoloration and
analyzed using EPA SW 846 methodology (e.g., 8081 or 8082). If no discoloration is evident, one
soil sample shall be collected at each hoist.
• Three soil samples shall be collected from the site at a maximum depth of 0.5 feet below the
native soil surface and analyzed for organochlorine pesticides and arsenic. Additional samples
may be required based on the results of this analysis.
• The soil sampling results shall be compared to appropriate risk-based screening levels and
submitted to SCCDEH and the Director of Community Development prior to construction
grading on the site. If additional investigation is required to sufficiently delineate the
contaminants of concern, additional sampling or mitigation measures shall be proposed and
reviewed and approved by the SCCDEH prior to construction grading.
31. REMOVAL AND DISPOSAL OF CONTAMINATED SOILS
MM HAZ-1.4: Soil containing pesticides, PCB, and/or petroleum hydrocarbons shall be removed by
properly trained and licensed personnel and contractors, prior to construction workers entering the
site to begin earthwork. Contaminated soil shall be handled by trained personnel using appropriate
protective equipment and engineering controls, in accordance with local, state, and federal laws.
Draft Resolution DP-2014-02 April 22, 2014
Contaminated soil shall be transported separate from other soil excavated at the site, and disposed
at an appropriate offsite facility in accordance with its characteristics or, if mitigated by an
alternative method, with approval from SCCDEH, or other appropriate regulatory agency.
32. CLOSURE REPORT
MM HAZ-1.5: Upon completion of remediation activities and confirmation that the resulting
conditions are adequately protective of residential development, a Closure Report shall be prepared
and submitted to the City and SCCDEH for review and approval. The report shall summarize:
• Past investigations, analytical reports, and current site conditions;
• Implemented mitigation measures and soil management activities;
• Off-site transport and disposal of excavated soil, and
• Excavation backfill materials and procedures.
Once the mitigation measures described have achieved thresholds established for residential use,
the report shall include a request regulatory closure for the property. Final approval that the site is
suitable for residential land uses shall be issued by SCCDEH and copied to the City of Cupertino
prior to issuance of grading or demolition permits for project construction.
33. HEALTH AND SAFETY PLAN (HASP)
MM HAZ-1.6: A site-specific Health and Safety Plan (HASP) shall be prepared prior to issuance of
grading permits for project construction to address potential health and safety hazards associated
with implementation of the Work Plan and proposed redevelopment activities (e.g., site preparation,
demolition, grading and construction). The HASP shall govern activities of all personnel present
during field activities. A job hazard analysis (JHA) shall be prepared for each task prior to
performing said task. The JHAs shall include, at a minimum, identification of likely hazards
associated with the task, requirements and procedures for employee protection, and required
mitigation measures. Any contractor performing a task not covered in the HASP shall be required
to develop a JHA specific to that task prior to performing the task.
34. SITE MANAGEMENT PLAN (SMP)
MM HAZ-1.7: A Site Management Plan (SMP) shall be developed to establish management
practices for handling contaminated soil or other materials encountered during construction
activities. The SMP shall identify potential health, safety, and environmental exposure
considerations associated with redevelopment activities and shall identify appropriate mitigation
measures. The SMP shall be submitted to the City and SCCDEH for approval prior to commencing
construction activities. The SMP will include the following:
• Proper mitigation as needed and demolition of the existing structure;
• Proper handling and disposal of waste oil below the building;
• Management of stockpiles, including sampling, disposal, and dust and runoff control including
implementation of a stormwater pollution prevention program;
• Management of underground structures encountered, including utilities and/or underground
storage tanks;
• Procedures to follow if evidence of an unknown historic release of hazardous materials (e.g.,
underground storage tanks, buried debris, contamination) is discovered during excavation or
demolition activities;
• Traffic control during site improvements;
Draft Resolution DP-2014-02 April 22, 2014
• Noise, work hours, and other relevant City regulations;
• Mitigation of soil vapors; and
• Monitoring, reporting, and regulatory oversight arrangements.
35. REDUCTION OF INTERIOR NOISE LEVELS
MM NOI-1.1: Provide a suitable form of forced-air mechanical ventilation, as determined by the
City of Cupertino Building Official, for all the units so that windows could be kept closed at the
occupant’s discretion to control noise and achieve the 45 dBA CNEL interior noise standard.
MM NOI-1.2: Provide sound rated windows and doors for Homes 1-5 to maintain interior noise
levels at acceptable levels. Preliminary calculations made based on the data contained in the
conceptual design plans indicate that sound-rated windows and doors with a sound transmission
class rating of STC 30 to 35 would be sufficient to control noise and achieve the 45 dBA CNEL
interior noise standard.
MM NOI-1.3: Confirm the final specifications for noise insulation treatments during final design of
the project. Results of the analysis, including the description of the necessary noise control
treatments, shall be submitted to the City along with the building plans and approved prior to
issuance of building permits.
36. CONTRUCTION NOISE MITIGATION MEASURES
The following construction noise mitigation measures shall be taken in order to reduce noise event
impacts to nearby receptor areas:
• MM NOI-2.1: Avoid the unnecessary idling of equipment and stage construction equipment as
far as reasonable from residences adjacent to the site.
• MM NOI-2.2: Prepare a detailed construction plan identifying the schedule for major noise-
generating construction activities.
• MM NOI-2.3: Notify adjacent residents to the project site of the construction schedule.
• MM NOI-2.3: Locate stationary noise generating equipment such as air compressors or portable
power generators as far as possible from sensitive receptors.
• MM NOI-2.4: Construct temporary noise barriers to screen stationary noise generating
equipment when located near adjoining sensitive land uses.
• MM NOI-2.5: Utilize “quiet” air compressors and other stationary noise sources where
technology exists.
• MM NOI-2.6: Control noise from construction workers’ radios to a point that they are not
audible at existing residences bordering the project site.
• MM NOI-2.8: Designate a “noise disturbance coordinator” who would be responsible for
responding to any local complaints about construction noise. The disturbance coordinator
would determine the cause of the noise complaints (e.g., starting too early, bad muffler, etc.) and
would require that reasonable measures warranted to correct the problem be implemented.
Conspicuously post a telephone number for the disturbance coordinator at the construction site
and include it in the notice sent to neighbors regarding the construction schedule.
37. 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
Draft Resolution DP-2014-02 April 22, 2014
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
38. 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.
39. 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.
40. HAZARDOUS MATERIAL MITIGATION DURING DEMOLITION
The following requirements shall apply for the demolition phase of the project:
a. In conformance with state and local laws, a visual inspection/pre-demolition survey, and
possible sampling, shall be conducted prior to the demolition of on-site buildings to determine
the presence of lead-based paint and/or asbestos-containing materials.
b. During demolition activities, all building materials containing lead-based paint shall be removed
in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code
Regulations 1532.1, including employee training, employee air monitoring, and dust control.
Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that
meet acceptance criteria for the waste being disposed.
c. All potentially friable ACMs shall be removed in accordance with NESHAP guidelines prior to
building demolition or renovation that may disturb the materials. All demolition activities will
be undertaken in accordance with Cal/OSHA standards contained in Title 8 of the CCR, Section
1529, to protect workers from exposure to asbestos.
d. A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs
identified in the asbestos survey performed for the site in accordance with the standards stated
above.
e. Materials containing more than one percent (1%) asbestos are also subject to BAAQMD
regulations. Removal of materials containing more than one percent (1%) asbestos shall be
completed in accordance with BAAQMD requirements.
Draft Resolution DP-2014-02 April 22, 2014
f. The project, with the implementation of the above standard project conditions, would not result
in significant impacts from lead-based paint and ACMs.
41. 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. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered or treated with non-toxic stabilizers or dust palliatives two times
per day and more often during windy periods to prevent dust from leaving the site.
b. All haul trucks transporting soil, sand, or other loose material on-site shall be covered to
maintain at least 2 feet of freeboard.
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.
f. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
g. 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.
h. 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]).
i. Clear signage shall be provided for construction workers at all access points.
j. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer‘s specifications. All equipment shall be checked by a certified visible emissions
evaluator.
k. Construction equipment shall not be staged within 200 feet of existing residences.
l. The applicant shall incorporate the City’s construction best management practices into the
building permit plan set.
42. MITIGATION OF CONSTRUCTION-RELATED WATER QUALITY IMPACTS
In conformance with the City of Cupertino’s Municipal Code Chapter 9.18, the project shall
implement the following standard measure to reduce construction-related water quality impacts to a
less than significant level:
• The project shall implement construction BMPs to avoid impacts to surface water quality during
construction, to the satisfaction of the Director of Public Works. Construction BMPs would
include, but would not be limited to, the following measures:
− Preclude non-stormwater discharges to the stormwater system.
− Incorporate effective, site-specific Best Management Practices for erosion and sediment
control during the construction period.
− Cover soil, equipment, and supplies that could contribute to non-visible pollution prior to
rainfall events or monitor runoff.
Draft Resolution DP-2014-02 April 22, 2014
− Perform monitoring of discharges to the stormwater system.
43. MITIGATION OF POST-CONSTRUCTION WATER QUALITY IMPACTS
In conformance with the City of Cupertino’s Municipal Code Chapter 9.18, the project shall
implement the following standard measures to reduce post-construction water quality impacts to a
less than significant level:
• The project shall comply with Provision C.3 of NPDES Permit Number CAS612008, which
provides enhanced performance standards for the management of storm water for new
development.
Prior to issuance of building and grading permits, each phase of development shall include
provision for post-construction structural controls in the project design in compliance with the
NPDES C.3 permit provisions, and shall include BMPs for reducing contamination in storm
water runoff as permanent features of the project. The project includes the incorporation of
vegetated swales, rain gardens, and flow-through planters to treat and reduce the amount of
runoff from the site.
The specific BMPs to be used in each phase of development shall be determined based on design
and site-specific considerations and will be determined prior to issuance of building and grading
permits.
• To protect groundwater from pollutant loading of urban runoff, BMPs which are primarily
infiltration devices (such as infiltration trenches and infiltration basins) must meet, at a
minimum, the following conditions:
− Pollution prevention and source control BMPs shall be implemented to protect groundwater;
− Use of infiltration BMPs cannot cause or contribute to degradation of groundwater;
− Infiltration BMPs must be adequately maintained;
− Vertical distance from the base of any infiltration device to the seasonal high groundwater
mark must be at least 10 feet. In areas of highly porous soils and/or high groundwater table,
BMPs shall be subject to a higher level of analysis (considering potential for pollutants such
as on-site chemical use, level of pretreatment, similar factors);
− Unless storm water is first treated by non-infiltration means, infiltration devices shall not be
recommended for areas of industrial or light industrial activity; areas subject to high
vehicular traffic (25,000 or greater average daily traffic trips on main roadway or 15,000 or
more average daily traffic trips on any intersecting roadway); automotive repair shops; car
washes; fleet storage areas (bus, truck, etc.); nurseries; and other land uses and activities
considered by the City as high threats to water quality; and
− Infiltration devices shall be located a minimum of 100 feet horizontally from any water
supply wells.
• Best Management Practices (BMPs) shall be selected and designed to the satisfaction of the
Director of Public Works in accordance with the requirements contained in the most recent
versions of the following documents:
− City of Cupertino Post-Construction BMP Section Matrix;
− SCVURPPP “Guidance for Implementing Storm water Regulations for New and
Redevelopment Projects;”
Draft Resolution DP-2014-02 April 22, 2014
− NPDES Municipal Storm water Discharge Permit issued to the City of Cupertino by the
California Regional Water Quality Control Board, San Francisco Bay Region;
− California BMP Handbooks;
− Bay Area Stormwater Management Agencies Association (BASMAA) “Start at the Source”
Design Guidance Manual;
− BASMAA “Using Site Design Standards to Meet Development Standards for Storm water
Quality – A Companion Document to Start at the Source;” and
− City of Cupertino Planning Procedures Performance Standard.
• To maintain effectiveness, all storm water treatment facilities shall include long-term
maintenance programs.
• The applicant, the project arborist and landscape architect, shall work with the City and the
SCVURPPP to select pest resistant plants to minimize pesticide use, as appropriate, and the plant
selection will be reflected in the landscape plans.
44. CULTURAL RESOURCES DISCOVERIES DURING CONSTRUCTION
MM CUL-1.1: In the event of the discovery of prehistoric or historic archaeological deposits or
paleontological deposits, work shall be halted within 50 feet of the discovery and a qualified
professional archaeologist (or paleontologist, as applicable) shall examine the find and make
appropriate recommendations regarding the significance of the find and the appropriate mitigation.
The recommendation shall be implemented and could include collection, recordation, and analysis
of any significant cultural materials.
MM CUL-1.2: In the event that human remains and/or cultural materials are found, all project-
related construction shall cease within a 50-foot radius of the find in order to proceed with the
testing and mitigation measures required. Pursuant to Section 7050.5 of the Health and Safety Code
and Section 5097.94 of the Public Resources Code of the State of California:
a. In the event of the discovery of human remains during construction, there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent
remains. The Santa Clara County Coroner shall be notified and shall make a determination as to
whether the remains are Native American. If the Coroner determines that the remains are not
subject to his authority, he shall notify the Native American Heritage Commission who shall
attempt to identify descendants of the deceased Native American. If no satisfactory agreement
can be reached as to the disposition of the remains pursuant to this State law, then the land
owner shall re-inter the human remains and items associated with Native American burials on
the property in a location not subject to further subsurface disturbance.
b. MM CUL-1.3: A final report summarizing the discovery of cultural materials shall be submitted
to the Director of Community Development prior to issuance of building permits. This report
shall contain a description of the mitigation program that was implemented and its results,
including a description of the monitoring and testing program, a list of the resources found, a
summary of the resources analysis methodology and conclusion, and a description of the
disposition/curation of the resources. The report shall verify completion of the mitigation
program to the satisfaction of the Director of Community Development.
Draft Resolution DP-2014-02 April 22, 2014
45. 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.
46. 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.
47. 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.
Building Division:
48. INFORMATION TO PROVIDE ON CONSTRUCTION PERMIT PLANS
The applicant shall submit construction drawings to the City for review, including, but not limited
to the following information on the construction permit plans:
a. Note that fire sprinklers are by deferred submittal and approved by the Santa Clara County Fire
Department.
b. Note that building codes should include the California Residential Code (2013).
c. Accessible uncovered guest parking shall be designated and compliant for a van space.
d. Access to workspace areas and the common open space area shall be accessible.
e. Sizing of drainage shall comply with the 2013 CPC.
f. In workspace areas, provide 48-inch clear space in front of lavatory.
g. Kitchenettes shall be accessible.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
The proposed detached sidewalk on Foothill Blvd will require 3’ of dedication along the project
frontage. It is not acceptable to reduce the pavement width to achieve the 11’ wide landscape and
sidewalk area. No narrowing of Foothill Blvd will be permitted.
Draft Resolution DP-2014-02 April 22, 2014
2. STREET IMPROVEMENTS
Curbs and gutters, driveways, sidewalks, pavement and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
Project shall construct two new ADA ramps at the northwest and southwest corners of the Foothill
Blvd/Silver Oak Way intersection and improve up to half of street along the project frontage on
Silver Oak Way and Foothill Blvd.
Project shall extend a new storm drain main west from Foothill Blvd along Silver Oak Way to serve
the project. No connection to the back of the existing catch basin will be permitted. In addition, the
project shall construct a storm drain on Silver Oak Way.
3. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with the Cupertino
Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the
City Engineer.
The City Engineer shall have the final authority to approve the proposed pedestrian improvement at
Foothill Blvd & Silver Oak Way. If the proposed bulb-out is approved, additional improvements
may be required such as storm inlet and lateral to address drainage.
4. 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.
5. 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.
6. 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 ten 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.
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
Draft Resolution DP-2014-02 April 22, 2014
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 City Engineer.
8. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees, storm
drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be
executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($2,707 or 5%)
b. Grading Permit: $ Per current fee schedule ($2,542.00 or 6%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ TBD
e. Power Cost: **
f. Map Checking Fees: $ Per current fee schedule ($8,213.00)
g. Park Fees: $ Per current fee schedule ($9,000 per unit)
h. Street Tree $338 per tree to be installed by City
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees imposed herein may be modified at the time of recordation of a final
map or issuance of a building permit in the event of said change or changes, the fees changed at that
time will reflect the then current fee schedule.
9. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. The developer must receive written approval from both the Public Works Department and
the Community Development Department prior to installation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fencing and landscaping such that said equipment is not visible from public street
areas, as determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
10. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed
away from the public right of way and site driveways to a location approved by the Cupertino
Planning Department, Santa Clara County Fire Department and the water company.
Draft Resolution DP-2014-02 April 22, 2014
11. 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.
12. 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.
13. 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.
14. 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.
15. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all
grading/erosion control work in conjunction with this project.
16. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to final
occupancy. The Agreement shall include the operation and maintenance for non-standard
appurtenances in the public road right-of-way that may include, but is not limited to, sidewalk,
pavers, and street lights.
17. 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
Draft Resolution DP-2014-02 April 22, 2014
Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
18. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
19. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system and
storm inlets in the street adjacent to the project, to the satisfaction of the City Engineer. A full
capture system or device is a single device or series of devices that traps all particles retained by a 5
mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting
from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional Permit
section C.10 for further information/requirements).
20. TRASH MANAGEMENT
The proposed pilot trash management plan must be designed to the satisfaction of the
Environmental Programs Manager. Additional off-street parking maybe reduced to accommodate
the requirements. Clearance by the Public Works Department is needed prior to obtaining a
building permit. The following is required:
a. Since this group of homes may have five home businesses, at a minimum Homes 1-5 shall be
able to provide an extra 64-gallon recycling bin for each “work area” (in addition to the bins for
each home).
b. There shall be spaces drawn on the plan showing the spaces for 23 toters (18 regular + 5
additional for workspaces) to be stored once weekly on the street.
c. Since this project would normally be required to have a trash enclosure, the HOA shall fund the
City’s time in monitoring the site and the street on collection day to see what impact the work
spaces have on the neighborhood, the traffic, and the containment of the trash/recycling and
organics using toters in a relatively dense configuration. Additional measures, including, but not
limited to, construction of a trash enclosure, may be required if problems persist.
21. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
22. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
24. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Draft Resolution DP-2014-02 April 22, 2014
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).
25. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
26. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability and location and
layout of water lines and backflow preventers before issuance of a building permit approval.
27. DEDICATION OF WATERLINES
Developer shall dedicate to the City all water mains and appurtenances installed to City Standards.
The developer shall reach an agreement with San Jose Water Company for water service to the
subject development.
28. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise extract water from the
underground basin or any underground strata in the Santa Clara Valley.
29. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
30. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T,
and Water Company, and/or equivalent agencies) will be required prior to issuance of building
permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. FIRE SPRINKLERS REQUIRED IN RESIDENCES AND DETACHED WORKSPACES
An automatic sprinkler system shall be installed in one-and two-family dwellings (including
detached workspaces) as follows: In all new one-and two-family dwellings and in existing one- and
two-family dwellings when additions are made that increase the building area to more than 3,600
square feet. Exception: A one-time addition to an existing building that does not total more than
1,000 square feet of building area. NOTE: The owner(s), occupant(s), and any contractor(s) or
subcontractor(s) are responsible for consulting with the water purveyor of record in order to
determine if any modification or upgrade of the existing water service is required. NOTE: Covered
porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit
application and appropriate fees to this department for review and approval prior to beginning their
work. Sections 903.2 as adopted in Section 16-40-210 of the CMC.
Draft Resolution DP-2014-02 April 22, 2014
2. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection water
supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact
the water purveyor supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based fire
protection 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). 2010 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7.
3. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and County
Fire Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan
submittals, as appropriate to the project. CFC Chp. 33.
4. 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.
5. 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
HOMES 1-5
1. SANITARY SEWER AVAILABILITY
Sanitary sewer service is (not) available for Homes 1-5. Sanitary sewer service is available for Home
6.
2. FEES AND PERMITS
Cupertino Sanitary District Fees and Permits shall be required for the subject improvements.
3. OWNERSHIP OF ONSITE SEWERS
All onsite sewers shall be privately owned. The District will only maintain sewers on Silver Oak
Way. This new service line should be 6” in size, with two new manholes (one just outside the public
street right of way and one at the tie-in to existing 8” main). The Homeowner’s Association CC&Rs
shall include annual requirements for onsite sewer maintenance program and repair program,
including backflow device as required.
The applicant shall enter into an installers’ agreement with the District which will cover design and
construction of sewers, necessary right of way/easements, payment for all fees and costs, furnishing
Draft Resolution DP-2014-02 April 22, 2014
bonds and indemnity. The District may require posting of bond for maintenance work, since if there
is SSO, District would be held liable by the Regional Board.
This development will not be considered under an individual lateral connection.
4. BACKFLOW DEVICE
An approved backflow device (IAPMO or UPC approved) is required since the lowest finished floor
with plumbing is less than (1’) foot above the rim of the nearest upstream manhole (O.C. 4105). The
backflow device will be inspected to verify existence and serviceability by a District Inspector at the
time of video inspection. District to provide Building Department with written notification upon
completion of inspection (O.C. 5104).
5. PROPERTY LINE CLEANOUT
Install new property line cleanout. Property line cleanout must be within 5 feet of the property line.
Cleanout shall be the same diameter as the street portion of the service lateral. Gravity lateral is 4”
diameter minimum (O.C. 4101).
6. INFORMATION REQUIRED ON PLANS
a. Show upstream sanitary sewer manhole with existing rim and invert elevation, main, and lateral
on plans (O.C. 4104).
b. If street dedication is required, street portion of existing sanitary sewer lateral is to be extended
by permit from the District to the new property line (O.C. 4104).
c. Sanitary sewer connection in accordance with approved improvement plans (O.C. 5205).
d. Cupertino Sanitary District Sewer Notes and Signature Block shall be included on improvement
plans for District approval. District notes shall be located on the same sheet as the City of
Cupertino Approval signature block. District notes are available on the District’s website under
“Contractors” (O.C. 5100).
7. CONNECTION PERMIT
A Cupertino Sanitary District Connection Permit is required for the proposed improvements (O.C.
8100)
8. LATERAL PERMIT
A Cupertino Sanitary District Lateral Permit is required for the proposed improvements (O.C.
8300). Lateral Permit will only be issued to Licensed Underground Contractor registered to work in
the Cupertino Sanitary District. Instructions for Contractor’s registration can be found on the
District’s website under “Contractors.” (O.C. 5100).
9. SEWER SERVICE CHARGES
Sewer service charges $27.50/month, which is due and payable prior to clearance for City of
Cupertino Final Inspection.
10. RUNOFF TO SANITARY SEWER PROHIBITED
Storm water from surface or roof drains, other general surface runoff water or condensate from any
residential HVAC equipment shall not be discharged to the sanitary sewer.
Draft Resolution DP-2014-02 April 22, 2014
11. CLOSED-CIRCUIT VIDEO
Closed-circuit video of the new property line cleanout, point of connection and District lateral is
required prior to clearance for City of Cupertino Final Inspection. Owner to call District at least 48
hours prior to video inspection to schedule a District Inspector. District to provide Building
Department with written notification upon completion of inspection (O.C. 5104).
PASSED AND ADOPTED this 22nd day of April, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Gary Chao Paul Brophy, Chair
Assist. Director of Community Development Planning Commission
G:\Planning\PDREPORT\RES\2014\DP-2014-02 res.doc