Reso 6734 _ • . DP-2014-02
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� CITY OF CUPERTINO` �
" 10300 Torre Avenue ° - `
_ , Cupertino;:California 95014 , i
: , - , RESOLLTTION'N0. 6734 '
OF THE PL`ANNING COMIVIISSION'OF THE CITY OF CIJPERTINO RECOIVIMENDING APPROVAL
OF A DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN ABANDONEID '
-- A�LTTOMOBILE SERVICE STATION AND CONSTRUCT�SIX RESIDENTIAL UNITS,INCLUDING FNE
LNE-WORK UNITS WITH DETACHED.WORKSPACES,ALONG WITH ASSOCIATED SITE AND `
, ,. QFF-SITE IMPROVEMENTS,LOCATED AT 10121 N.:FOQTHILL BLVD
SECTION I: PROTECT DESCRIPTION �
� Application No.: DP-2014-02
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Applicarit: ' `'Tate�Developxrient ' ,
' Pr'operty Owner: FootYull Auto Service&Detail,Inc. ` ``
' Locatiori: 10121 N. Foothill Boulevard (APN 342-32=070)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
� WHERE�4S;`.th:e" P1ai�ululg Co�n�nissiori of the City ,;of Cupertino received an application for' a;:
Development Permit as described in Seciion I. of this Resolufion; and
YVHEREAS, the Envirorunental Review Co�nmittee has recommended adoption of a Mitigated Negative ,
Declaration;_and _ ,
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WHEREAS,<the necessary public notices_have been given as required by the Procedural Ordinarice of
the.City of Cupertino, and the P1ai�u1ii.lg';Coininission has held at least;one public hearing in regard to
the application;and , _
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WHEREAS,the applicant has met the burden of proof required to supporf said application; and . ,..�
WHEREAS,the Plannitlg Cointnission finds as follows with regard fo this application:
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a) The proposed development, at fhe proposed location, will not be detrimental or injurious to �'
property or i.rnprovements in tYie vicinity, and will riot be detrimental to the public health, safety,
general welfare, or convenience; . ,
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-Given that the project is consistent with�the General Plan.and;Zoning Ordinance; has been designed to be
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compatible with and respectful.of adjoining land uses; and that relevant mitigation. measua�es will be
incorporated as paYt of the CEQA review process to mitigate potential impacts to a less than significant
level, the project will not be detritnentdl or injurious to property 'or improvements in the vicinity, and will
not be detYimental to the public health,safety;general welfare, or convenience. ' `
'��' b The ro osed ,develo ment will be located and conducted in a mann
) p_ p p , er ui accord with the
Cupertino General Plan and the purpose of the City's zoning ordinances.
Resolution No.6734 DP-2014-02 Apri122,2014
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, e�chibits, 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 Apri122, 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 AO-A19, AL1.1-AL1-4, C1-05, TM, L0, L0.1, L0.2, Ll, 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 T'R-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. �
ResolutionNo.6734 DP-2014-02 Apri122;2014.
�� 5. SUPERCEDANCE OF U-1987-53 _
The conditions contained in this Development Permit shall supersede the previously approved Use
Permif {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 Al'PROVAL AND PROTECT AMENDMENTS
Developmenf Perrnit approval is granted;to allow the demolition of 1,608 square feet';of �existing
.- commercial space (abandoned automobile service station) and the consfrucfion of six residentiaT
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)
� �Horne 6:;2,690 s.f.{1,271 s.f.:first floor;1,419 s:f. second floor)
Home 1=3 works�aces 452 s.f. ' :
` Home 4=5 workspaces:-411 s.f. , ,
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The Plaiuluzg Coiivnission shall review amendments to the project considered major by the Direcfor
,of.Community Development.
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7. TOTAL OVERALL HEIGHT OF HOIVIE 6 , ;
The total overall height of Home 6�as�idenfified on the plans���shall��be recluced�by�five (5)�"feet. Height �
xeduction measures may be achieved,by,grading,wall, and,roofline changes.
� 8. . ,DEV_ELOPMENT ALLOCATION .
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The applicant shall receive an allocation of six residential units from the Other Commercial Centers
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General:Plan residential allocation area. 1,608 commercial square feet shall be backfilled into the
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Other Commercial Centers General Plan commercial allocation area.
9. WORKSPACE PERIVIITTED/PROHIBITED USE5 AND'PERFORIVIANCE'STANDARDS
Permitted uses in the workspaces shall_be consistent with the City's Home Occupati.on Ordinance,
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currently Chapter 19.120 of the Municipal Code and shall be subject to the following performance
standards (including prohibited uses):
a. �J�age:
i. The,residential and the.commercial space.must be occupied.by the,same tenant, and no
poriion of the live/work unit may be rented or sold separately.
i.i., The_,commercial component as designated„on the floor plan approved shall remain
commercial and cannot be converted to r.esidential use.
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iu. The residential component as'designated on the floor plan approved shall remain
residential and cannot be converted to`commercial use.
iv. : The cornrnercial component shall be r.estricted�to'the unit and shall not be conducted in
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the yard,garage, or any accessory strucfures.
; v. : The. commereial component shall not',detract from, or other.wise be a nuisance to, the
�� residential character or appearance of the dwelling units.
U vi. No explosive; toxia, combustible_or...flainxnable materials in excess of:what:would be
allowed incidenfal to normal residential use shall be stored or used on the premises.
vii. Client/cusfomer visits are limited to one vehicle or client unit at a time.
Resolution No.6734 DP-2014-02 Apri122,2014
vui. Client/customer visits may only occur during the hours of 7 AM to 6 PM. �
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.
c. Display: Maintain visual character of principal residence as a residence.
i. Workspace activities shall involve no exterior display of inerchandise 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 at a sales party.
u. 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.
ui. 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.
Resoltition No.b734 DP-2014-02 Apri122,2014
i. I�3.iSflf1�SS�T�Ill�l�: Restrict nuxnber, size, and keeping of-vehicles to reduce parking demand and
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ma.intain residentiaI sEreetscape. ` " - '
i. No more than one vehicle primarily used for business purposes may be parked per site.
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- ii. ' Size limited to passenger'auto,pickup truck; or sim�lar van. ' -
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i: Guest ;parking shall be'=reserved for workspace patrons �and: allowable .incidental
employees only during the hours of 7 AM to 6 PM,Monday through Friday, ;
ii. Guest parking shall be o,peri fo- all parties during�.the hours of.6.PM� to 7ANl; Monday
through Friday and 24 hours a day on weekends and holidays.
iu. Signage restricting the.usage of the spaces shall be reviewed by the City and installed
�rior to final occu�anc�. ,
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� k: �i:Sto�age: Ensure that stored materials do not take_up required parking spaee or. accumulate in �
yards. _ . _
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i. Storage outside of an enclosed structure is.prohibited. �
ii. Garage storage of materials is not allowed. - �
I. Sig�s:..
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.
' `. iu. ; All`advertising for'workspace businesses sha11 clearly state "by app.ointment only."
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�iv. Signs shall not be placed on the roof or wifhin the required setback areas. ,.
` m. �xcluded. �ecupations: The occupations listed below, shall nof be considered inciderital and
'secondary to the primary residence and are tllerefore prohibited:
' i. Aufomob�Ie repair shops,including paint and body work;
ii. Barbershops and bea'uty parlors,'except for hair sfylists by appoiritxnent only; '
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iii. : 'Boarding and/or rooming homes for xnore than two guests;
iv: '' Cliiiics"arid hospitals;also veterinary (a�linmal),clinics and hosprtals;
v. Kennels and other boarding for pets, in exeess of the nuinber of anirnals allowed'in
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the base zoning disfrict vvliere specified,
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'` vi. ' 1Vledical'offices for physicians; dent�sts; osteopafhs, and other pracfitioners;
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'vii. Massage,(acupuncture, ancl other alternattve�iedical practices.
viu. Private sehools with organized classes; �' ` ` '
ix. Upholstery, small engine repair,welding shops;
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, x. Food uses (including, but not; Iimited,:to`:cottage .foods, resfaurants, other uses
_ . : involving�food preparation) .
xi. Client/ctzstomer visits in excess of one vehicle or client unit at a time.
xii. Other uses which are found b the o`
C rnmuni Develo xnerit'D'
irector to be of sixnilar
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intensity'and characteristics�of use to those eriurnerated in;this secfion,;and:are thus
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inconsistent with the stated purposes of fhe Home Occupation Ordinance.
_� All workspace businesses shall obtain a Cify of Cupertino business license:
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Resolution No.6734 DP-2014-02 Apri122,2014
10. 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�rior 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,
u. Building and site repair on a regular schedule, or as otherwise necessary, and building
renovation and replacement as necessary.
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. Performance standards for the 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
1. Procedures for architectural and site modifications
m.Environmental mitigation monitoring
n. Compliance with other project conditions of approval
o. Trash Management: The HOA shall provide a deposit for 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 containxnent 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).
11. PARKING RATTO
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).
12. INTERIOR GARAGE DIMENSION
The interior garage clearance shall be 20 feet by 20 feet(measured from inside walls).
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Resolution No.6734 DP-2014-02 Apri122,2014 - .
� 13. 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. :
14. HOUSING MITIGATION FEES
The applicant shall,participate in the-Cify's Below Market Rate (BMR) Housing Program by paying
the housing mitigation fees as per the Housing Mifigation-Manual. The estimated xnitigation 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.
15. SCHOQL IIVIPACT FEES
The,applicant;shall,pay the applicable school impact fees-assessed by the school districts ri� or to
issuance:of buildin��ermits.
16. BICYCLE PARKING -
The applicant shall provide Class II bicycle parking based on a mi„imum of-.five pereent.of_the '
required auto parking in:accordance with the City's Parking Regulations under Chapter 19.124 of �
the Cixpertino Municipal Code. I
/`17. WORKSPACE;STOREPRONTS
The workspace storefront entrances shall remain oriented fowards Foothill Boulevard. The entrance ��
� ' doors`and sforefront are to be kept open and free of any obstructions: No more than 25% of'each �
storefront window bay may be obstructed. Boarding, closure, sheives, permanent walls, opaque ,
; painting[material of windows, and other storefront obstructions are not permitted.
18. N1.ASTER SIGN PRQGRAM
� Signage is not:approved witli this application. A separate master sign program applicafion for the
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` entire development if signage for the'workspaces is requested. '
19. TRASH AND DELNERY ACTIUITIES
A detailed refuse and truck delivery plan shall be prepared by fhe applicant. The plan shall include,
but.not be limited to the following: `
' a. 'Location aiid'design ot trash facilities (i.e. trash enclosures and receptacles): Trash enclosures
shall provide ample space to include frash, 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 fhe satisfaction of the Public Works
i Departrrient. 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.
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Resolution No.6734 DP-2014-02 Apri122,2014
20. TR.ANSFORMERS �
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.
21. UTTLITY 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.
22. ROOFTOP E UIPMENT 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.
23. 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 �ermit issuance. Prior to final occu�ancy, a
licensed lighting consultant shall confirm that the lighting is in compliance with the City's
standards.
24. CITY ARBORIST REVIEW OF EXISTING NEIGHBORING AND NEW SITE TREES
Prior to r� adin� or buildin��ermit 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, �rior to final occu�ancy, 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.
25. LANDSCAPE PROjECT SUBMITTAL �
Prior to issuance of building �ermits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist
'Resolutiori No:6734 DP-2014-02 April 22,'2014 .
� � (Appendix A of Chapter 14:15); Landscape .and _Irrigation Design;Plans, and Water ,Budget
Calculations 'shall be reviewed and:approved�:to.the satisfaction of tlie Director of Communify
DeVelopmerit�rior:to issuance of building�erm'tts. ' `
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26. LANDSCAPE:INSTALLATION REI'ORT
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A landscape installation audit shall be conducted by a,cer.tified landscape professional after. the
landscaping,and irrigation systern,have been installed:and,pr'ior to final occu�anc�. The findings of
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fihe assessment shall be consolidated into a landscape installation report. �
The landscape installation report shall include, but is not limited to: inspection to corifirni that the
lanclscaping arid irrigat-iori�system are installed.as specified°in the landscape�and irrigafi�ori�design;
pl'an,�"system turie=up, system test with distribution uivformity, reporfing overspray"or run=off fhat �
causes overland flow;`and preparation of an`irrigation schedule: '
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The landscape installation report shall .include the; following:, sfatement "The; landscape� and '
irrigation system"have been installed as specified in the,landscape and irrigation design,plan,and
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com lies _:
p ' witli':the criteria of the ordinance and fhe permit." '
27 LA�NDSCAPE�AND�>IRRIGATION.MAINT_ENAN � � � � ��
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A `ma�tenance schedule shall be establ�shed and submitted to the Director of Gommunity
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Development or his%her designee, either with:Ehe Iandscape;application package, with the landscape,
installation report prior to issuance of final oecu�anc�,;or any time before the landscape�installation
report is subrnitted prior to issuance of buildin��ermifs.`
� k; a) :Schedules should take into `account.water reguirements for the pl"anf establishment period and
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� 'water requiremenfs for established landscapes.
b) Maintenance shall uiclude,�but not be limited to the following: routine inspecfi.on, pressure
testing, adjustment and repair of fhe irrigation system; aerating and de-thatching ':turf areas;
;;repleiushirig rnulch;.fertilizing;,pi;unulg; replanting of failed plants• weeding; pest control;;and
� r.emov�.xt obstructions to emission de�iees. '
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' 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 installafion: Failing plants shall
either be replaced or be revived through appropriafe adJustmerits iri water;� nutrients, pest
coritrol or other`facto`r"s as recomiYiended by a;landseaping.professional. '
28:�SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil;(e.g. texture, infiltration
-` , rafe;`�pH; soluble salfi content, percent organic matter, etc) and� provide recommendations for '
' ' ameridments as'appropriate to optimize flie;producfivity and;water efficiency of the soil: -
_' The soil analysis-report shall be made available''to=°the professionals preparing the-landscape and
irrigatiori design plans`iri a�tirnely manner�either befor"e or duririg the desigri process:A copy of the :
soils analysis reporf shall be submitted to,�the Director of Cornmunify Development as part.of.the
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landscape dociixn.entation'package: � - - �
;I 29. SOIL SAMPLING AND.ANALYSIS :`. - � ` ° ,:, ,. . : .
� 1V][1!� ][�1�Z�1.7L; The 'projeet shall conduct soil sampling and analysis of the extent of petroleum `
�' hydrocarbons (TPH) and 'volatile organic compounds=(UOC) "containulafi.on -in soil; so�l�'vapor,
and�/or groundwafer �in accordance'wit.Yi fhe�Work Plan approved"by the- Sarita Clara �County
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Resolution No.6734 DP-2014-02 Apri122,2014
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 r� adin��ermits for project construction.
30. 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,�rior to issuance of r� ading permits for�roject construction.
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.
31. 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
Resolution No.6734 DP-2014-02 Apri122,,2014
analyzed using EPA SW 846 methodology (e.g., 8081 or 8082),;if no discoloration is eviderif, oxie'
� soil sample shall be collected at each hoist. ` . : '
• -.: Three soil samples shall be collected from the site at a maximurn:depth of 0.5 feet below,the
°native.soil surfaee and analyzed for-organochlorine pestieides and arsenic.' Additional samples
>'may be:reguired bas"ed 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 :mifi.gation measures shall<be.prbposed and
:reviewed and approved by the SCCDEH�rior�to construction r�ading.
,..
32. REMOVAL.AND DISPOSAL OF CONTANlINA'I'ED SOILS ; �., ,. .:. ,
I�1�[ ]E�i�Z-g.4: Soi1 containing pesticides, PCB, and/or petroleum hydrocarbons shall.be removed by
properly trained and licensed personnel and contractors, �rior to construction workers entering.the
_ site.to begin earthwork. ,Containulated soil.shall be handled by trained personnel using appropriate'
protective equipment and engineering controls, in accordance with Iocal, state, and federal laws. !
Contamiilated soil`shall be transported separate from other soil excavated at:the site, and disposed I
at an, appropriate offsite facility in ac,cordance with„its .characterisfics. ox, if mitigated by: an �'
alternative method;:with approval from SCCDEH, or other appropriate regulatory agency. '
_ , , _
33. CLOSURE REPORT
1�1�° �33[AZ-�e5: U�on com�letion of remediation activities and confirmation-that the resultin�
� ,. conditions are adec�uatel��rotective of residential develo�menf a Closure Report shall be prepared
. . : _.. , .
and subrrutted;to the Cifyand SCCDEH for`review and ap.proval.The report.shall summarize: �:
� Past investigations, analytical reports, and current site conditions;
• Implemented mitigation measures and soil management activities;
• Off-site:tr`anspor:.f and disposal of excavated;soil, and ,
� 'Excavation backfill materials>and procedures.` ' :
, Once �the mifigation.measures described have achieved thresholds established for residential use,
the reporf shall include a request regulatory closure for the property. Final approval fihat the site is
suitable for residential land ixses shall be issued by SCCDEH and copied to the City of Cupertino:
' prio"r to.issuanee of: r� ading or demolition�ermits�for�roject:construction.
34. HEALTH AND SAFETY PLAN(HASP�
, ,:. , ,, �
,. : � .
` l�l� �1�Z-�,6: A site-specific Health and Safety,Plan (HASP) shall be prepared.�rior to^issuance of
_. .. � .,
grading permifs for°�ro�ect consiruction'to address potential health and safety hazards"associated
with implementation of the Work PIan and proposed re.development activities(e:g.,'sife preparation;,
demolition, gradiing.and construction). The.HASP shaIl govern activities of all personnel present
during field activities. A job hazard analysis (JHA) shall be prepared for eaeh task. prior to
performing said task. The JHAs shall include, at a' minunum, identification of likely hazards
' `associated with the task; requirements�aiid procedures for -emplopee protectiori, and required
mitigation measures. Any contractor performing a fask not"covered in the HASP shall be required
�� � � . , ..
to develop a JHA specific to that fask prior fo performirig the`task.`
Resolution No.6734 DP-2014-02 Apri122,2014
35. 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�rior to commencin�
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;
• Noise,work hours, and other relevant City regulations;
• Mitigation of soil vapors; and
• Monitoring, reporting, and regulatory oversight arrangements.
36. 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 ri� or to
issuance of building permits.
37. 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.
Resolution No:6734 DP-2014-02 April 22,2014 -
� • 1�1�l�I��-2.3: Locate stationary.noise.generating equipment,such as air compressors,or portable-
power generators as far as possibie from sensitive receptors.
e 1!/I1Vd 1V0�-2.4: Construct temporary noise barriers to screen sfationary noise generating
: equiprrient when located near adjoining sensitive land uses. ' ' `
� I�I�`l�I��-2 5c Utilize "quiet" air compressors and other` stafionary` noise sources: where
technology exists. +; ` . ;
• ``1�1�[-1V�g�2.6: Confrol noise from constructiori workers' radios 'to a poirit that 'they are not
,. _ , .. , , ,
audible afi-existing residences borderirigthe projecf sife.
• l�li�:l�t���2:�:'Designate a '"noise disturbance coor'dinator" who would be' "respon'sible for
' resp`o`nding to any Iocal complaints about 'construciion .noise: 'The disturbance coordinator
` would determine the cause of the noise coinplaints (e.g., starting too early;bad rriuffler, etc.) and
�''would require fhat reasonable measures warranted to: correct the problem be impleinented.
Conspicuoiasly post a'telephone number for the disturbance coordinator at the constiuction site
,-
' ''and includ'e if in`the notice serit to neiglibo"rs regarding tlle construction schedule. -
38 PRE=CONSTRUCTION.MEETTNG AND CONSTRUCTION MANAGEIVlENT,PLAN :
.. Prior<to:commencement of construction activities,.the applicant`shall arrange for a pre=consfruction
meeting with the perfinent departments (including, but not limited to, Building, Planning; Public �
Works, Sanfa Clara County ;Fire Departmenfi)' to 'review .an applicant-prepared construction '
management plan including;but not]ixnifed to: , ' -
a. Plan for cornpliance with conditioris of approval ' :
� b.�:Plari for:public.access during work in the public right-of-way
c: Gonstruction staging area : ' _ -
d. ' Coristruction schedule and hours :
e. ;Construction phasing plan,if any
� �.. � � � ,, � �
f T Cont�actor parkirig area. :: ; ;
; g. Tree preservation/protectiori plan
;; h Site dust,noise and storm run-off management plan
, ; :. . .
- i Emergency/complainf and construction'srte manager contacfs
39: CONSTRLTCTION I=IOURS
Coristruefiori`activities shall be limited to Monday through Friday;7 a.m.to S p.rn..and Saturday'and :
; . Sunday,9 a.m. to 6 p.m. Construction activit'ies are not allowed on holiclays. The developer shall be. -
resporisible for educating`all contractor's'and subcoritractors'of said construction restrictioris. Rules
- and regii:Iation pertainirig to all construction activit�es'�and limifations identified in this permit, along
with the name and telephone number of a developer appointecl disturbance coordinator, shall be
posted iri a"pr'o"minenf location`at the'entrance to the job`sife. ' �
.40. DEMOLITION REpUIREMENTS
� , ,All:demolished building:and site materials shall be recycled to_the maximuin extent.:feasible subject
to the Building Official.. The applicant shall:provide evidence that materials were recycled prior to �
issuance'of final demolition perxnifs. � .
a , , .
Resolution No.6734 DP-2014-02 Apri122,2014
41. 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.
f. The project,with the implementation of the above standard project conditions,would not result 4
in significant impacts from lead-based paint and ACMs.
42. 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]).
Resolution Na 6734 DP-2014-02' Apri122;2014 -
�, i. Clear signage shall be provided for coristruction workers at all access points.
� j. All construction equipment shall be mairitained and properly tuned in accordance with
` manufacturer's specifications: All equipment shall be checked.by a certified visible emissions
evaluator.
k. Construcfion equipment shall not be:staged within 200 feet of existing res'idences.
l., The applieant shall incorporate the City's consfruction best xnanagement praetices into the
building permit plan set. -,, ; `_
_ , . .
, , � ;
43. MITIGATION OF CONSTRIJCTION-RELATED.WATER OUALITY IMPACTS
In conformance w'ith the City of Cupertino's;IVIurucipal Code Chapter 9.18, the project shall
implemenf the following standard measure to reduce construc�ion-related water quality impacts to a
less than significant level: _
,.
• `The project'shall implement consfruction BMPs to avoid impacts fo surface water quality during
construction, to t�ie satisfaction of the Director of Public Works. Consiri�.ctiori BMPs would' �'
include,but would not be Iimited to, fhe following measures: - _
— Preclude non-stormwater discharges;to the stormwater system. _ .
— Incorporate effective, site-specific Besf Management Practices for erosion and..sediment
�: , . .
control during the construction period. .
; - Co�er soil, equipment, and supplies that could contribute to non-visible pollution prior to
rainfall e�ents or monitor runoff.
— , .Perforrn monitoring of_discharges to the stormwater system. - -
44. MITI -
GATION OF PQST CONSTRUCTION WATER QUALITY INIPACTS
In conformance with the City of Cupertino's' Municipal Code Chapter -9.18, the project shall
� unplenient tYie following standard measures to'reduce post-coristruction water quality�'iinpacts 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 irianagement of storm `water for new
development:
�
Prior to issuance of building and grading permits, each phase of development shall include-
;provision for post-construction sfructural controls in the project design in compliance with the
, , .. .� ,
` `NPDES C.3 permit provisions, and shall include BNlPs for reducing"containination.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 arid reduce the anmount of
runoff from the site.
`The specific BMPs fo be used in each phase of development shall be determined,based on design' �
� 'and site-specific'considerations and will be deterinined prior to issuance of buildirig and grading
permits.
� • To profect groundwafer from pollutarit loading of urban runoff, BMPs which are`primarily
� infiltrati.on devices (such as infil.fration trenches and infiltration basins) must meef, �at a
minimttrn,the following conditions
— Pollufion prevention and source control BMPs shall be implemented to protect groundwater;
Resolution No.6734 DP-2014-02 Apri122,2014
— 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;
— SCVLJRPPP "Guidance for Implementing Storm water Regulations for New and
Redevelopment Projects;"
— NPDES Municipal Storm water Discharge Permit issued to the City of Cupertino by the 4
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
SCVLJRPPP to select pest resistant plants to minimize pesticide use, as appropriate, and the plant
selection will be reflected in the landscape plans.
45. 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. �
Resolution,;No.6734 DP-2014-02::' Apri122,2014,
1�1V1[ ��1�.-1.2: In the event that human remains and/or cultural materials are found, all projeet-
�
related construction shall cease wifhiil a 50-foot r."adius of_the find in order to' proceed with tlie
testing and�mitigation;measures required. Pursuant to Section 7050.5:of the Health and Safety Code
and Section 5097.94 of the Public Resotxrces Code of the State of California:
a." In fhe event of the discovery of human'remains d�uring consfr.uction, tliere shall be no further
excavation or disturbance of fhe site or any nearby area:reasonably suspected to overlie adjacenf
remains: The Santa C1ara County Coroner sliall.be notified and shall make.a determination as to
whether fhe remains are Native American. If tYie�Goroner. determines that�fhe reinains,are not
subject to his authority; he shall notify the Native American Heritage:Coin�.nission who shall
attempt fo identify deseendanfs of the deceased Native American.'If.no satisfactory agreement
can be reached as to the disposition of the:rernains pursuant fo this State law; Fhen�the 1and
owner shall re-inter the human remains and items associated with:Native Ameriean bur.ials on
the property in a locafion not subject to further subsurface disturbance.
. .., .. ._
b. l�l�[`��JlL-1.3: A final report sununarizing fhe discovery`of cultural materials shall be submitted
fo the Director of Community Development prior to issuance of buildirig pernvts. This reporf
� shall contain a descriptioxi of the mitigation program'that was implemented and its' results,
including a description of the monitoring arid testing program, a list of the resources found, a
surnmary of the resources analysis methodology and conclusion, and a description of the
. .. ._ � _
'disposition/curatiori of the resources. The report shall verify cornpletion of the mitigation ;
program to the safisfaction of the Director of Communify Developmerit.
� 46. CONSULTATION WITH OTHER DEPARTMENTS _
, . .
Tlie applicant is responsible to consult with other departments and/or agencies with�regard fo the
proposed project for additional conditions and requirements. Any misrepresentation of `any`
submitted data may invalidate'an approval by the Community Development Department: �
47. INUEMNIFICATION : ,
To the extent permitted by law; the Applicant shall inden-irtify and hold harmless the Cify, its'City
� ' Council, its officers, employees and agents (the "indei�nnified parties") from and against.any claim, ;
action, or.proceeding,brought by a tliird party-againsf-the indeinilified parties and=,the applicant to
; attack, set aside, or uoid fhis ordinance or any.permit or.approval;aufhorized hereby for the project, '
including (without lin-utafion) reimbursing the City its actual attorneys' fees and costs,.iricurred in
defense of the`litigation. The City may, in its sole discretion, elect to defend any such action'with
atforneys of its choice.
48. NOTICE OF FEES,UEDIGATIONS,`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 Secfion
66Q20(d),'(1), these Condifions 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 ;per-iod, 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 cornplying with all of the requirements -of Sectiori
66020,you will be legaily barred from later challenging such exactions. ` -
Resolution No.6734 DP-2014-02 Apri122,2014
Building Division: �
49. 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: CONDTITONS 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.
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
shall be installed and shall be as a roved b the Ci En ineer. Li htin fixtures �
Street hghhng pp y ty g g g
shall be positioned so as to preclude glare and other forms of visual interference to adjoining
Resolufion No.6734 DP-2014-02 Apri122,2014
properties, and shall be no higher than the maximum height permitted by the zone in which the site
� is locafed.
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 Conirol Board as appropriate.
6. DRAINAGE
Drainage shall be provided to the safisfaction of fhe City Engineer. Hydrology and pre- and-post-
developrnent 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 pe'ak storrnwater flows (as needed), bioretention basins,
vegetated swales,'and hydrodynamic separators to reduce fihe amount of runoff from the site and
ixnprove water quality. Tlie storm drain system shall be designed to detain water on-site (e.g;; via
buried pipes,retention systems or ofher approved systems and improvements) as necessary to avoid
an increase of fhe ten percent flood water surface elevation to the safisfaction 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 fhe Underground Utilities Ordinance No. 331 and
other related "Ordinances and regulations of the City of Cupertino; and shall 'coordinate wifh'
� ;' = affected u.tili roviders for installation`of urid
ty p ergro-und ut�l�.ty devices. Developer shall subm�t
defailed plans showing utility underground provisions. Said plans`shall be subjecf to prior approval'
of the affected Utility provider and the City Engineer. '
,., ,
8. IMPROVEMENT AGREEMENT �
The project developer shall eriter into a development agreement with the City of:`Cu.pertino
? providing for paymerit of fees, including'but not Iimited to checking and inspection fees;`storm'
' �drain.fees, park dedication fees and fees'for under grounding`of utili.ties. Said agreement shall be-
executed prior to issuance of construction permits. '
Fees:
a. Checking&Inspection Fees: $Per currenf#ee schedule ($2,707 or 5%)
b. Grading Permit: ` $Per current fee schedule ($2,542.00 or 6%)'
c.>Developrnent Maintenance Deposit: $ 1,000.00
d:Storin Drairiage°Fee: $TSD
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 latesf effective PG&E rate schedizle a roved b the PUC
Pp Y
� _
Bonds:
Faifihful Performance Bond: 100% of Off-site and On-site Improvements
\
�
Resolution No.6734 DP-2014-02 Apri122,2014
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.
11. BEST MANAGEMENT PRACTICES 4
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.
_ _ _ _
Resolution No:6734 DP-2014-02 Apri122,2014
All storm water management plans are required to.ob.fairi certification from a City approved third
� party reviewer. ;
14. EROSION.:CONTROL PLAN
Developer rnust pro�ide an approved.erosion control plan by,a Registered Civil Engineer. This plan
_ . _ � ; __. ;
, should inclixde all erosion control measures used to retain materials on site. EroSion control-notes
shall be stated on the plans.
15. WORK SCHEDiJLE
.,
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&1VIAINTENANCE AGREEMENT �-
. Dev.eloper- shall.enfer into an,Operations & Maintenance Agreement with the City prior.'to final
occupancy. The Agre,ement 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, sidewallc,
pavers, and street lights.
17. TIZAFFIC CONTROL PLAN � _
The developer must submit a traffic control plari by a Registered Traffic`Erigineer to be"approved by I
;:., fhe City: The plan sha11 include a ternporary traffic.confrol,pIan for work in the right�of.way,as,well
as a,routing plan for all vehicles used d"uring construction. All traffic coritrol signs xnust be.re�iewed'
� and .approved,by:the..City prior.to conimencernenf:of wor.k. The City -has.adopted.Manual on
; :Uniforxri Traffic.Control Devices;(MUTCn) standards for all signage and striping work throughout
the City.
18. TRAFFIC SIGNS
' .. Traffic control;signs_shall,be placed at'`looations specified�.by the Gity.
19. FL7LL TRASH'CAPTURE SYSTEM
° The developer.will be responsible for installing a full trash capture system/device'to capture`trasli.
frorn the onsite storm drain before the storm water reaches fhe City:owned storm drairi system"and '
sform:,inlets;in the�street adjacent to the,project, to the�satisfaction.of the,City Engirieer: A full `
capfure system or de"vice 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 fhan the peak flow`rate-Q resizltirig
from a one`-year, orie=hour storm in the 'sub-drairiage area"(see the Municipal 'Regional Permit'
, -. ; - . .
section C:10 for furtlier information/requirements): ° ` -
2Q. TRASH MANAGEMENT
_ _ �
The proposed pilot trash management ;>plan must lie designed #o the satisfaction of the
Environmental`Programs Mariager. Additiorial off=st�eet parkirig maybe reduced`to�accornnmodate
the requiremenEs. Clearance'by the Public VVorks Departmenf is needed` prior to obtaining a
building permit. The following is required: _ , .
� a.' Sinee'this group of homes may have�fi"ve home btisines"ses; at a rninimum Homes 1-5 shall be
able to provide an extra 64-gallon recycling bin for each"work area"'(in addition to t11e'bins`for
each home). )
,
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Resolution No.6734 DP-2014-02 Apri122,2014
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
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 TOSE 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.
Resolution"No:6734 DP-2014-02 . Apri122;;2014
\� 30.'UTILIT'Y EASEMENTS
Clearance approvals"from the agencies with easements on tfie property (including PG&E, AT&T;`
and Water Company, and/or equivalent agencies) will be required prior to issuance of building
permifs. _
SECTION V: ` CONDITIONS `ADMINISTERED BY` THE SANTA CLARA COIJNTY FIRE
DEPARTMENT
1. FIRE SPRINKLERS REOUIRED IN RESIDENCES AND DETACHED WORKSPACES
An automatic sprinkler system sha11'be 'iristaIled iri orie-and'two-fainily dwellings"-(including
detached workspaces) as follows: In all new one-and two-family dwellings and in exisHng one- and
, . .
two family dwellings when additions are made that increase the building area to more`"than;3,600
square feet. �x�eption: A one=i-ime addition to an existing building that does not`totai`more than
1,000 square feet of building area. 1lT�'�']E The owner(s);`occupant(s), arid any contractor(s) or
subcontractor(s) are responsible for'coxisulting with� the 'water purveyor 'of record.in. order'to
deterinine if any modification or upgrade of the`°existiiig water service is required. l\T��IE: Covered
... , _ ,
porches,;patios,balconies, and attic spaces may require fire sprinkler coverage. A State of California'
Iicensed'(C-16) :Fire Protection Contractor shall, submit plans, calculations; a,comple;ted permit
application and appropriate fees to this.departinent for'review and approval prior to begu�uiulg:fheir
work.Sections 903.2 as adopted in Secfion.l6-40-210.of;the.CMC.
2. WATER SUPPLY REOUIREMENTS ;: _ : , . � > - ;
� Potable tivater' supplies ;shall .be protected.from conta�nination caused by fire ,protecfi.on;water
';�
supplies. It is the responsibility of �Ehe applicant`and any contractors and-subcontractors to contact
t.Yie water purveyor supplying the site of such project, and to comply with flie requirements of;that
; ..-purveyor: :Such. requirernents :shall;be incorporated into: the `design of 'any :water=based �fire
`protection system;.and/or-fire suppression�:water:supply systems or storage:container`s,fi11at may be
. ';physically�connecfed in any manner to an appliance:.;capable of causing contamulation of the potable
`_,.�water supply of the purveyor of record: Fina�l app"ro�al�of the.system(s)under-consideration wil.l not
' be granted by this office until compliance with fhe requirements.of the wafer pur.veyor 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'EIRE SAFETY _
All consfruction sites must comply with applicable provisions of the CFC:Chapter 33 arid County
Fire Standard Detail_and Specification SI-7. Provide appropriate notafions on subsequent .plan
submittals, as appropriafe to the project. CFC Chp. 33.
4. PREMISES IDENTIFICATION
: Approved numbers:or addresses shall be placed on ail new and:existing buildings in such'a position
as to be plainly visible and legible from the street or road fronting the prope.rfy.�Nuinbers shall
contrast with fheir 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 p1an subxnittals and .any referenced '
,. .
diagrams to be reproduced onto the future plan submittal.
Resolution No.6734 DP-2014-02 Apri122,2014
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
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).
Resolution No.6734 DP-2014-02 Apri122,2014
� 7. CONNECTION PERMIT
A Cupertino Sanitary District �onnecfion �'erxnit is required for the proposed improvements (�.�e
�100D
8. LATERAL'PERMIT
A:Cupertino Sanitary District �,ate�al: Perini� is required for the proposed improvements (�.�. `
�300). Lateral Permit will only be issued-to Licensed Underground Contractor regisEered to work in
the Cupertino Sani.tary District. Instructions for Contractor's registration can be found on the
District's website under "Contracfors." (�.�,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. RLTNOFF TO SANITARY SEWER PROHIBITED
Storrn 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.
11. CLOSED-CIRCUIT VIDEO
Closed-circuit'video of the new property line cleanout,point of connection and District lateral is
required prior fo clearance for City of Cupertino Final Inspeetion. Owner to call District at least�h�
hou�s prior to'video inspection to schedule a District Inspecfor.District to provide Building
� . Department with�gtten�otifica�ion upon completion of inspection(�.�.5��4). '
PASSED AND ADOPTED this 22nd day of;April, 2014;Regular Meeting of the Plaivlulg.Coirunission of
fhe City of Cupertino,State of California,by the following roll call vote: � '
AYES:- COMMISSIbNERS: Chair Brophy, Gong, Sun;Takahashi
NOES: COM1VlISSIONEIZS:Vice Chair Lee
ABSTAIN: : COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
�
!I , ...�.._
�
�ry ao Paul Brophy, air
Assist.Director of Cornmunity Developmenf Plarululg Co 'ssion ,
�
o .
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