Reso 6714 � DP-2012-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6714
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DEVELOPMENT
PERMIT TO ALLOW THE DEMOLITION OF 11,610 SQUARE FEET OF EXISTING COMMERCIAL
SPACE AND THE CONSTRUCTION OF 15,377 SQUARE FEET OF NEW COMMERCIAL SPACE
CONSISTING OF TWO NEW COMMERCIAL BUILDING PADS, 7,000 SQUARE FEET AND 8,377
SQUARE FEET RESPECTIVELY, LOCATED AT 20803 STEVENS CREEK BOULEVARD AND 10033-
10095 SAICH WAY
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2012-05
Applicant: Tom Purtell(Borelli Investment Co.)
Property Owner: Diana Taylor
Location: 20803 Stevens Creek Boulevard and 10033-10095 Saich Way (APNs 326-32-041 and
326-32-042, respectively)
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;
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.
Resolution No.6714 DP-2012-05 January 8,2013
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-2012-09) is hereby adopted; and the application
for a Development Permit, Application no. DP-2012-05 is hereby approved and that the subconclusions
upon which the findings and conditions specified in this resolution are based and contained in the Public
Hearing record concerning Application no. DP-2012-05 as set forth in the Minutes of Planning
Commission Meeting of January 8, 2013, 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 is based on the plan set dated December 14, 2012 consisting of 27 sheets labeled T1, A0,
A1, A2, Building 1 Exterior Elevations, A3, Building 2 Exterior Elevations, A4, D1, D2, D3, D4, D5,
Ml, L-1, L-2, C-1, C-2, C-3, C-3.1, C-3.2, C-4, C-5, C-6, C-7, C-8, and Photometric Plan, entitled,
"Saich Way, 20803 Stevens Creek Blvd., Cupertino, California, Borelli Investment Co." drawn by
FCGA Architecture, Borrecco/Kilian & Associates, Inc., and HMH; 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-2012-13 and TR-2012-41 shall be applicable to
this approval.
4. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to allow the demolition of 11,610 square feet of existing
commercial space and the construction of 15,377 square feet of new commercial space consisting of
two new commercial building pads, 7,000 square feet and 8,377 square feet respectively. Floor area
shall be measured from the outside surfaces of exterior walls.
Allowed uses include those permitted by the City's General Commercial (CG) Ordinance. A
separate conditional use permit shall be required for those commercial uses requiring use permit
approval as specified in the CG Ordinance. Development intensity shall be regulated by use permit
review.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
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5. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 3,767 square feet of retail commercial allocation for the
Heart of the City General Plan area, based on the construction of 15,377 square feet of new
commercial space and demolition of 11,610 square feet of existing commercial space.
6. PARKING APPROVAL AND FUTURE REVIEW
The project area total of 80 onsite parking spaces is approved.
Future uses will be limited based on the parking supply and trip generation study conducted by the
City's transportation consultant dated November 16, 2012. Any proposed intensification of the
approved uses shown on the development plans (i.e. medical offices, child care, or food uses
replacing retail, increases in approved seat or employee counts) will require City review and
additional studies at the applicant's expense.
7. PARALLEL PARKING SPACES ON SAICH WAY
Per the Planning Commission's approval, the construction plans shall be revised to reflect a parallel
parking scheme along Saich Way to the satisfaction of the City prior to issuance of building permits.
The parallel parking spaces shall be completed prior to final occupancy.
8. BUS STOP/LAYOVER ON SAICH WAY
The existing VTA bus stop/layover location shall remain due to the Planning Commission's
approval of parallel parking spaces on Saich Way.
9. BICYCLE PARKING
T'he applicant shall provide bicycle parking and bike racks for the proposed project in accordance
with the City's Parking Regulations under Chapter 19.124 of the Cupertino Municipal Code.
Additional bicycle parking shall be considered around Restaurant 1.
10. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property purchasers should
check with the City to determine the specific restrictions under the Planned Development Zone and
related permits.
11. MAXIMUM PERCENTAGE OF FOOD USES
A maximum of 28% or 4,380 square feet of both buildings combined may be occupied by food uses
(including, but not limited to, fast food restaurants, full-service restaurants, and specialty food
shops).
When both buildings are fully leased, the property owner may request additional food use area with
a major modification application through the Planning Commission. If there is a parking stall
deficiency per the City's Parking Ordinance, the application shall include a parking study with an
onsite parking demand survey completed at the applicant's expense.
12. BELOW MARKET RATE HOUSING PROGRAM 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
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this project is $20,078.11 based on the 2012-2013 fiscal year rate of $5.33 per square foot of net
addition(3,767 square feet).
13. ODOR ABATEMENT SYSTEMS
If odor impacts from food use or other odor-generating uses become a nuisance in the future as
determined by the Community Development Director (typically if five or more complaints are
received within a 12-month period), the property owner shall install odor abatement systems to
reduce odor impacts to the adjacent community. Detailed plans shall be reviewed and approved by
the Community Development Department.
14. LOT MERGERS
Prior to final occupancy, the property owner shall obtain necessary approvals with the City and
County to merge the two existing onsite parcels (APNs 326-32-041 and 326-32-042) into one parcel.
15. INGRESS/EGRESS EASEMENT
The property owner shall record an appropriate deed restriction and covenant running with the
land, subject to approval of the City Attorney, providing for necessary reciprocal ingress and egress
easement to and from the affected parcels. The easements shall be recorded prior to final occupancy
of site permits.
16. SHARED ACCESS DRIVEWAY
The proposed shared access driveway between the project site and 20807 Stevens Creek Boulevard
(APN 326-32-051) shall be fully installed and constructed to the satisfaction of the Public Works
Department prior to the issuance of final occupancy of site permits.
17. TRANSPORTATION DEMAND MEASURES�TDM�
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
f) Taxi service
g) Pricing
18. MAIN BUILDING ENTRANCE
The main building entrance for the tenants of Buildings 1 and 2 shall face the public street on which
they are located. 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 with signage or other interior
items. Boarding, closure, shelves, permanent walls, opaque painting/material of windows, and other
storefront obstructions are not permitted.
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19. OUTDOOR DINING ENCLOSURE
Outdoor dining areas shall not be enclosed with fencing or other structures to permanently obstruct
pedestrian walkways, unless it can be demonstrated that an enclosed outdoor seating area will not
obstruct the required walkway clearances.
20. SIGNAGE
Signage is not approved with this application, including the proposed ground sign shown on the
plans along Stevens Creek. Signage shall conform to the City Sign Ordinance (Chapter 19.104 of the
Cupertino Municipal Code) and Heart of the City Specific Plan.
21. MASTER SIGN PROGRAM
A separate master sign program application for the entire Saich Way Station development is
required prior to final occupancy of core and shell permits for the two buildings. The sign program
shall be reviewed and approved by the Director of Community Development.
22. 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.
23. FINAL CIRCULATION TRAFFIC SAFETY, AND STRIPING PLAN
The final circulation, striping, and traffic safety plan shall be reviewed and approved by the Director
of Public Works and Community Development prior to building permit issuance.
The plan shall consider the recommendations in Fehr & Peer's transportation memorandum dated
November 16, 2012, including,but not limited to:
a. Truck delivery and pick-up times to occur outside of peak parking demand times
b. Directional and warning signage
c. Landscaping around the conflict area (tee junction of the Stevens Creek Boulevard driveway
with the 20807 Stevens Creek Boulevard parking lot aisle) should be kept to a minimal height as
to not obstruct site distance as there may be a higher potential for pedestrian crossings between
the two sites.
d. Stop bar on the Panera site (with written permission by property owner)
24. 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. At least three sets of trio (garbage, recycling, and compost)
receptacles shall be provided onsite to the satisfaction of the Environmental Programs Manager.
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c. Primary and alternative truck routes. An AutoTurn analysis shall be used to determine the
number of parking spaces required to maneuver a delivery truck into and out of designated
truck delivery zone(s)
d. Signage for parking stalls displaced during pick-up and delivery hours
e. Trash pick-up schedule (shall not take place during peak business hours)
f. Loading areas (with signage/markings restricting parking in these areas during loading times)
g. Delivery hours (shall not take place during peak business hours)
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.
25. 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.
26. UTILITY STRUCT'URE 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 utlity 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.
27. ROOFTOP EOUIPMENT 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.
28. SITE LIGHTING
All new lighting must conform to the standards in the General Commercial (CG) and Parking
Ordinances, 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.
The lighting and photometric plan shall be revised to include the following prior to issuance of
building permits:
a. Ensure photometric plan accounts for the approved lighting fixtures, wall sconces, and street
lights.
Resolution No.6714 DP-2012-05 January 8,2013
b. Show cut-off shields to prevent light intrusion onto adjoining properties.
c. Note that all lighting shall be a white type light.
d. A minimum of three foot candles shall be maintained vertically above the parking lot surface in
order to avoid dark areas in the parking lot
29. GEOTECHNICAL REVIEW
Buildings shall be designed and constructed in accordance with a final design-level geotechnical
investigation to be completed for the project by a qualified professional and submitted to the
Building Departxnent prior to issuance of grading and building permits. The final design-level
geotechnical investigation shall identify the specific design features that will be required for the
project including measures addressing clearing and site preparation, removal, replacement, and/or
compaction of existing fill, abandoned utilities, subgrade preparation, material for fill, trench
backfill, temporary trench excavations, surface drainage, foundation design, and pavements.
30. CITY ARBORIST REVIEW OF EXISTING NEIGHBORING AND NEW SITE TREES
Prior to grading or construction permit issuance, the City's consulting arborist shall be retained by
the developer to review all construction permit drawings and details concerning the area with 25
feet of the west side property line and Tree #23 to the northeast of the site 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 identified in the report to confirm their good health following construction.
Corrective measures shall be taken, if necessary. Additionally, 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.
31. 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.
32. 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 irrigarion design plan and
complies with the criteria of the ordinance and the permit."
Resolution No.6714 DP-2012-05 January 8,2013
33. 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 adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
34. 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.
35. 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. The contractor shall use "new technology" power construction equipment with state-of-the-art
noise shielding and muffling devices. All internal combustion engines used on the project site
shall be equipped with adequate mufflers and shall be in good mechanical condition to
minimize noise created by faulty or poor maintained engines or other components.
b. Locate stationary noise generating equipment as far as possible from sensitive receptors. Staging
areas shall be located a minimum of 200 feet from noise sensitive receptors, such as residential
uses. Unnecessary idling of machines when not in use shall be prohibited.
c. The developer will implement a Construction Management Plan approved by the Community
Development Director and Director of Public Works to minimize impacts on the surrounding
sensitive land uses to the fullest extent possible.
d. Temporary plywood enclosures shall be erected around stationary equipment that produces
excessive noise at nearby receptors
e. Good maintenance and lubrication procedures shall be used to reduce operating noise.
f. All construction equipment shall conform to the following standards: 1) no individual device
produces a noise level more than 87 dBA at a distance of 25 feet; or 2) the noise level on any
nearby property does not exceed eighty dBA (Cupertino Municipal Code Section 10.48.053).
g. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that
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are in good condition and appropriate for the equipment.
h. Noise from construction workers' radios shall be controlled to a point that it is not audible at
existing residences bordering the project site.
i. Notify all adjacent businesses, residences, and other noise-sensitive land uses of the construction
schedule in writing.
36. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre-construction
meeting with the pertinent departments (including, but not limited to, Building, Planning, Public
Works, Santa Clara County Fire Department) to review an applicant-prepared construction
management plan including,but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust,noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
37. 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.
38. DEMOLITION REOUIREMENTS
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.
39. HAZARDOUS MATERIAL MITIGATION DURING DEMOLITION
The following requirements shall apply for the demolition phase of the project:
a. In conformance with federal and State regulations, a formal survey for ACBMs and lead-based
paint shall be completed prior to the demolition of buildings on the site.
b. All potentially friable ACBMs shall be removed in accordance with National Emissions
Standards for Hazardous Air Pollutants (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 California Code of Regulations
(CCR), Section 1529, to protect workers from exposure to asbestos. Materials containing more
than one percent asbestos are also subject to Bay Area Air Quality Management District
(BAAQMD) regulations.
Resolution No.6714 DP-2012-05 January 8,2013
c. 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 of
Regulations 1532.1, including employee training, employee air monitoring and dust control. Any
debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet
acceptance criteria for the waste being disposed.
40. 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
manufaciurer'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.
1. The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
41. CULTURAL RESOURCES DISCOVERIES DURING CONSTRUCTION
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.
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
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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. 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.
42. 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.
43. 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.
44. 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.
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Building Division
45. 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. Check accessible parking stall dimensions to code requirements.
b. Review placement requirements for truncated domes at curb cuts and at ramps.
c. Accessible path of travel shall maintain 2%or less cross slope at all walking surfaces.
d. Provide type of construction, sprinklers,unprotected opening, and distance to property line
information.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer. Improvements may include realigning the existing curb
and gutter along Saich Way to incorporate angled parking, and installing new signing and striping
as necessary to accommodate angled parking or curb relocations. Pavement rehabilitation shall be
performed as directed by the City Engineer.
2. BUS STOP LOCATION
Developer shall improve bus stops along the Saich Way and the Stevens Creek Boulevard frontage
to the satisfaction of the City Engineer. Improvements may include duck outs, relocation of existing
bus stops, and bus shelters.
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. 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.
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. 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.
7. 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
Resolution No.6714 DP-2012-05 January 8,2013
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.
8. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and
other related Ordinances and regulations of the City of Cupertino, and shall coordinate with
affected utility providers for installation of underground utility devices. Developer shall submit
detailed plans showing utility underground provisions. Said plans shall be subject to prior approval
of the affected Utility provider and the City Engineer.
9. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of
the City Engineer.
10. 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 ($4,183.00 or 6%)
b. Grading Permit: $Per current fee schedule ($2,435.00 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 (N/A)
g. Park Fees: $Per current fee schedule (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 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.
Resolution No.6714 DP-2012-05 January 8,2013
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. EROSION CONTROL PLAN
Developer shall 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.
Resolution No.6714 DP-2012-05 January 8,2013
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. 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.
19. 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.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
21. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
22. 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.
23. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
24. 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.
25. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolution No.6714 DP-2012-05 January 8,2013
26. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department
prior to issuance of building permits. Clearance should include written approval of the location of
any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically
Backflow Preventers should be located on private property adjacent to the public right of way, and
fire department connections must be located within 100' of a Fire Hydrant).
27. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Departxnent as
needed.
28. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a building permit
approval.
29. DEDICATION OF WATERLINES
Developer shall dedicate, as deemed necessary, all waterlines and appurtenances installed to water
company standards requirements, and shall reach an agreement with California Water Services
Company for water service to the subject development.
30. 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.
31. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
32. 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.
33. PEDESTRIAN CROSSWALKS
The developer shall enhance pedestrian crosswalks at Stevens Creek Boulevard and Saich Way, as
well as at Alves Drive and Saich Way. Enhancements may include new striping, replacement of
existing striping, or new signage. Final crosswalk improvement plans shall be reviewed and
approved by the City Engineer.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED
Provide access roadways with a paved all-weather surface, a minimum unobstructed width of 16
feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and
Resolution No.6714 DP-2012-05 January 8,2013
23 feet inside, and a maximum slope of 15%. For installation guidelines refer to Fire Department
Standard Details and Specifications sheet A-1.
2. FIRE SPRINKLERS REOUIRED
Approved automatic sprinkler systems in new and existing buioldings and structures shall be
provided in the locations described in this section or in sections 903.2.1 through 903.2.18 whichever
is the more restrictive. For the purposes of this section, firewalls used to separate building areas
shall be constructed in accordance with the California Building Code and shall be without openings
or penetrations. An automatic sprinkler system shall be provided throught all new buildings and
structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do
not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban
Interface Fire Area. NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. 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.
3. 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.
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 SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 14 and County
Fire Standard Detail and Specification SI-7.
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.
Resolution No.6714 DP-2012-05 January 8,2013
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. SANITARY SEWER AVAILABILITY
Sanitary sewer service is being provided to the subject parcels through a sewer main located within
an easement located in the rear of parcels 326-32-041 and 326-32-042. The District does not allow for
shared easements or construction of any structures and installation of light poles within the sanitary
sewer easement.
2. IMPROVEMENT PLANS
Improvement plans for the subject project shall be reviewed by the District. The existing and
proposed sanitary sewer easements should be delineated and noted on the improvement plans. The
applicant shall contact the Sanitary District prior to proceeding with construction plans.
3. FEES AND PERMITS
Cupertino Sanitary District Fees and Permits shall be required for the subject application based on
the proposed area and use modifications.
PASSED AND ADOPTED this Sth day of January, 2013, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Vice Chair Sun, Lee, Brownley
NOES: COMMISSIONERS: Brophy
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
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Aarti Shrivastava ar ' e Chair
Community Development Director Pl ommission
G:\Plaiining\PDREPORT\CC RES\2012\DP-2012-05 res.doc