Reso 6744 _ _ . . . . __ _ _ _ __
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EXC-2014-02
� <' � CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6744
OF THE PLANNING COMMISSION OF'THE CITY OF CUPERTINO
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� ' APPROVING A HILLSIDE�EXCEPTION TO ALLOW THE CONSTRUCTION OF
A NEW 2,986 SQUARE FOOT SINGLE FAMILY RESIDENCE ON'SLOPES GREATER
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THAN 30%ON A VACANT LOT LOCATED AT 10645 CORD,OVA RQAD (LOT A) .
SECTION L• PROTECT DESCRIPTION �
Applicat-ion No.:. , EXC-2014-02{EA-2014-02) : .
Applicant:� :`' Terry'Srown(Osann;K. O'Grady and B. O'Grady Lots)
Location:. Lot A;10645 Cordova Road APN#342 22-101 : _: :
SECTION I-I':: FINDINGS POR DEVELOPMENT PERMIT: :
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WHEREAS, the Plaruluzg ;Coininission of fhe Cify ,of: Cupertino received, an application for a �
Development Perinit.as described in Section I of this Resolution; and -
� WHEREAS, fihe Environxnental Review Committee lias recommended ado `tion"of a Miti ated Ne�-ative
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. Declax;ation':and ; `- ; ; � . ;
` WHEREAS;the necessary public'no�ices have been'given`as required by'the Procedural Orditlance of
the City of Cupertino, and the Planning Coini�nission has'held at Ieast one`public hearing iii regard to
the'application; and
WHEREAS;the applicant has met the burden of proof required.:fo support said application• and`
WHEREAS,_the Pl��uzv.lg Comtnission finds as follows with regard to:this application:
1. "The proposed development will not be`injurious to;pro�erty or imp�ovements in the area nor be
:,detrunental to the public healtll and.safety. , , , ;
The proposed site'is situated on the west side.of Col�dov,a Road, between Mercedes Road.to the north and
San Juan Road to the south. The lot is cur��ently vacant and surl�ounded by existing liillside single-family
residences in:the Inspil�ation Heights area of,the city. T�iel�efoa�e, the development zvill not be injurious to
,,pr operty or impYovements in the area.nor,be de,tri3nental to.the,public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or vehicular
;traffic. _ � .
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Various street imp,a�ovements aa�e proposed to Cordova Road to:widen tlze st��eet, construct curb and gutter
� to better define the edge of the stYeet, thereby iarcp�oving vehicular cia�culation. In addttion, the project
proposes the constructton of one draveway, to,serve,:three resadences which will reduce niultiple conflict
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Resolution No.6744 EXC-2014-02 June 9,2014
areas for pedestrian traffic. Therefore, the development will not create a hazardous condition for pedestrian
or vehicular traffic. �
3. The proposed development has legal access to public streets and public services are available to
serve the development.
The properties will be accessed by a shared private driveway from Cordova Road. Shared maintenance
agreements and ingress/egress easements will be recorded on the properties for the driveway. In addition,
sewer and water connections are available in the street. The development has legal access to public streets
and public services are available to serve the development.
4. The proposed development requires an exception, which involves the least modification of, or
deviation from, the development regulations necessary to accomplish a reasonable use of the
parcel.
Aside from the exception to allow construction of slopes greater than 30%, the proposed development
complies will all other development regulations of the RHS zoning district including, but not limited to,
building height, setbacks, and floor area. The development involves the least modification of the prescribed
development regulations necessary to accomplish a reasonable use of the parcel.
5. All alternative locations for development on the parcel have been considered and have been
found to create greater environmental impacts than the location of the proposed development.
All locations on the parcel are steeply sloped with slopes ranging from 32% to 36% and, therefore no
location on the parcel can be developed without a hillside exception. The proposed development will be
located to minimize environmental and grading impacts on the site. �
6. The proposed development does not consist of structures on or near known geological or
environmental hazards that have been determined by expert testimony to be unsafe or
hazardous to structures or persons residing therein.
Design-level geotechnical plans shall be provided to the satisfaction of the City Building Official and all
foundational piers shall extend into the bedrock. Additionally, a geotechnical consultant shall review and
approve all geotechnical aspects of the project's building and grading plans to ensure the recommendations
are incorporated. With the incorporation of the recommendations provided in the geotechnical report, the
proposed development does not consist of structures that have been determined by expert testimony to be
unsafe or hazardous to structures or persons residing therein.
7. The proposed development includes grading and drainage plans that will ensure that erosion
and scarring of the hillsides caused by necessary construction of the housing site and
improvements will be minimized.
The development will follow as closely as possible the primary natural contour of the lot to ensure that
erosion and scarring of the hillsides caused by necessary construction of the housing site and
improvements will be minimized.
8. The proposed development consists of structures incorporating designs, colors, materials, and
outdoor lighting which blend with the natural hillside environment and which are designed in
such a manner as to reduce the effective visible mass, including building height, as much as �
possible without creating other negative environmental impacts.
Resoliition No.6744 EXC-2014-02 June 9,2014
The development on the prope��ty shall use natural earth tone and/or vegetation coloafs with stone'detailing
� and waod siding zvhich blends with the natural hillside environment and which is designed in:such a
rrianne��as to'reduce the effective visible mass as mucTz as possible..
9. The proposed develo,pment is located on fhe parcel as far as possible.from public open space
, preserves or parks (if visible therefrom),..ripariail corridors, and wildlife habitats unless such
Iocation will create other,more negative environmenfal impacts.
The proposed develo�ment is located on the paa•cel as far as possible fi�om J�ublic open spctce preserves or
pa��Ics (if,visible therefrom), riparian coYridors, and wildlife habitats unless such location will c��eate otlier,
` mo��e negative environmentc�l inipacts ` ` ,.
10. The proposed development is otherwise consistent with the City's General Plan and Zoning
Ordinance as:described in Section 19.40.010.
The development is meeting;all the,,a�equi��ements for.,RHS:zoned �Troperties and is consistent with the
City's General Plan and Zoning Ordinance as described in Section 19.40.010.
NOW;THEREFORE,SE IT RESOLVED: ,
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That after careful consideration of fhe init�al study, maps; facts, exhibits, testimony and other evidence
submitted"in this xnatter, subject to the conditions which.are enumerated in this Resolution begii=uzulg on
PAGE 2 thereof,: , _
A Mitigated' Negative Declaration (Application no. EA-2014-02) is hereby recommended for adoption;
and the apphcation for a Hillside Exceptioll, Applicatioil no. EXG2014-02 is hereby recommended. for
approval and that the subconclusions upon which the findings and conditions specified u1 this resolution
are based and contained in the Public Hearing record concerning Application no. EXC-2014-02 as set
forth in the Minutes of Planni�zg Con-unission Meeting of Jun:e 9, 2014, a�.zd are incorporated by;reference
as thoizgh fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY°THE COMIVIIJIVITY DEVELOPMENT DEPT.
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1. APPROVED EXHIBITS : , :.
Approval recomrnendation is based on the plan set received January 29, 2014 consisting of 25,sl1eets,
labled C; P-1, A-1, A-2, A-3, A-4, 5-1, B-2A, B-2B, B-3, B-4, G1, G2A, G2S, C-3, C-4, 1; 2, 3;;L1.0;
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L2.0,'L2.1, L3.0, L3.1 and L4.0 entitled, "3 Custom Residences, 10645 Cordova Rd., Cupertino, CA
95014;" drawn by SSS Designs LLC;except as inay be ainended by,conditions in this resoltxtion..
2. ACCURACY OF PROJECT PLANS �
The applicant/property owner is responsible to verify all pertuient property data including,but not
]ixnited to property bouildary Iocations, building setbacks, property size, build'u1g square footage,
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any relevant easements and/or construction records..Any misrepresentation of any property data.
may inv.alidate this approval and may require additional review.
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3. "CONCURRENT APPROVAL CONDITIONS ` '
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� The conditions of approval contained in file no. TR-2014-09 shall be applicable to this approvaL
Resolution No.6744 EXC-2014-02 June 9,2014
4. EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING �
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments, lighting, retaining walls and landscaping)
shall be reviewed and approved by the Director of Community Development prior to issuance of
building permits for compliance to IZHS zoning and other relevant regulations. Any exterior
changes determined to be substantial by the Director of Community Development shall require a
modification approval.
6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of one residential unit from the Other Residential
Neighborhoods residential allocation area.
7. 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.
8. TRASH PICK UP PLAN
Prior to building permit issuance the applicant shall provide a trash pickup plan. This should
identify the location of the trash pickup of all three residences on the site.
9. INGREE/EGRESS ACCESS AGREEMENT
Prior to building permit issuance, the applicant shall prepare and record a covenant on the property
that: �
a) Describes the purpose, functions and beneficiaries of the ingress/egress access easement;
b) Declares that the applicant agrees to work with neighboring owners of property to the north of
the subject site to facilitate future access to their lots, which includes but is not limited to sharing
driveway improvements, altering grading and modifying and/or demolishing of retaining walls
and other improvements built in the easement area. The covenant shall state that the declaration
is binding on successors and assigns of the owner(s).
The covenant shall be reviewed and approved by the City Attorney prior to recordation.
10. DRIVEWAY EASEMENT AREA
The shared ingress/egress driveway shall be impervious pavers.
11. INTERIOR GARAGE DIMENSION
The interior garage clearance shall be 20 feet by 20 feet(measured from inside walls).
12. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building pe� 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�rior to issuance of building�ermits. �
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Reso'lution=No:;6744 EXG-2014-02 June 9;2014
13. LANDSCAPE iNSTALLATION REPORT ' '
� ,; A landseape:installation audit;shall be eonducted by a certified landscape. professioilal after the
landscaping a�d irrigation system have been installed and�rior:to final-occupanc�. The findings of
the assessment shall be consolidated into a landscape installation report.
The Iandscape instaIlation report shaIl include, but is ilot liimited to: inspeetion,to confirm that the
Iandscaping and irrigation sysfem are installed as specified in the landscape and irrigation,design
plan,�system tiuie-up, system test.with distribution uruformity, reporting overspray or run-off that
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causes overland flow, and preparation of an irrigation schedule. _
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The."Iandscape. ins:fiallaf-ion report shall. include the> following;'statexnent:.:"The'' landscape and
irrigation system have been installed as specified in the landscape and irrigation design plari and
complies with the criteria of the ordiriance aiid the perxnit.':'
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14. LANDSCAPE AND IRRIGATION MAINTENANCE
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A ,rnainfena�ce ,schedule .shall be";established: and,subrnitted ,to the Director of Community
: Development or his/her designee, eitller with t11e Iandscape application,package, with the laildseape
installation report�rior to issuance of final occu�anc�,;�or any time before the landscape ulstallation
report is submitted�rior to issuance of buildin�p.ermits.: .
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 lnnited to,the ,following: routine inspection; pxessure
testing, adjusinlent and repair of the irrigation system; aerating and de-thatehing turf. areas;
� repleiushing imulch; fertilizing; prtululg; replanting of failed plants; weeding; pest control; and
removing obst-ructions to emission deyices.
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c) :;Failed plarits shall.be replaced with the same;or functionally eqtuvalent plants that may be size-',
'adjusted as appropriate for the stage of growth of the overall installation. Failing plants sllall
_either be,replaced �or.be revived thro.ugll.,appropriate, adjustrnents i�1 water,. nutrients; pest
; control or.other factors as recommended by a:landscaping professionaL
15: TREE PROTECTION � ,
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� t T�ie existiYig�iree's to remain shall be protecfed 'd"uring�construction per the'City's Protected Tree
Ordinanee (Chapter 14.18 of the municipaL code). The City's standard tree protection measures shall
be listed;on tlle plails, and protecfive fencing shall be installed aroulzd tl.ie trees to rernain:prior to
issuance;of building.permits. A report ascertaining theygood health of tllese firees shall�be provided
priar to issuance of final occupancy. '
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16. COMPLIANCE WITH IVIITIGATION 1VIONITORING AND REPORTING PROGRAM(IVIlVIRP�
The'project'shall be required to`adhere to the mitigafi'on m'easures idenfified ui the IVIitigated'
Negative DecTaration(EA=2014-04) and Mitigation 1VIoiiitoring and Reporting Program(M1VIRl') for
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the project.
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17: GEOLOGY AND SQILS MITIGATION MEASURES� � _
1�1� GEO-1: The Geotechnical Studyhas identified and provided recommendations for site rupiure
po'tential under section 9.1 Location of Prop:osed ImproveiYients. Those recominendations will be
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;:followed u1 the construction of the project. � ,
Resolution No.6744 EXC-2014-02 June 9,2014
MM GEO-2: The Geotechnical Study has identified and provided recommendations for seismic �
ground shaking potential under section 9.2 Seismic Design Criteria. Those recommendations will be
followed in the construction of the project.
MM GEO-3: The Geotechnical Study has identified and provided recommendations for site seismic-
related ground failure under the following sections. T'hose recommendations will be followed in the
construction of the project, except where supplemental geotechnical design measures were
recommended by the Geologic and Geotechnical Peer Review (as noted below):
• 9.3 Earthwork
• 9.4 Foundations—The Geologic and Geotechnical Peer Review offers the following additional
recommendations:
■ The Project Geotechnical Consultant shall extend all piers sufficiently into
competent bedrock materials. Anticipated primary impact will be to the depths of
piers on Lot C. Due to the hillside setting, the presence of shears within the
colluvium, future irrigation, and the potentially high expansive nature of the
colluvium, this geologic unit does not appear to present a suitable, long-term
bearing material for residential foundations.
■ Structural plans shall be developed that incorporate the recommendations of the
Project Geotechnical
Consultant.
� 9.5 Draina�e - The Geologic and Geotechnical Peer Review offers the following additional
recommendations: �
■ Design specifications of the retention chambers shall be included in the
development plans. Additionally, the Grading and Drainage Plan shall reference
the most recent geotechnical investigation report and incorporate their design
recommendatioris.
• The Geologic and Geotechnical Peer Review recommends the applicant's geotechnical
consultant shall review and approve all geotechnical aspects of the project building and grading
plans (i.e., site preparation and grading, site drainage improvements and design parameters for
foundations and underpins, retaining walls and driveway) to ensure that their recommendations
have been properly incorporated.
18. AIR QUALITY MITIGATION MEASURES
MM AIR-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
■ All haul trucks transporting soi1, sand, or other loose material off-site shall be covered.
■ 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.
■ All vehicle speeds on unpaved roads shall be limited to 15 mph.
■ All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
■ 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
Resolution No;6744 EXG2014-02 June 9;2014'
-.; measure Title 13, Section 2485 of California Code of Regu.lations [CCR]). Clear signage shall be
� provided for construction workers at all access points.
� All construcfion equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipmenf sha11 be checked by a certified mechanic and �
' determined to be n�nning in proper condition prior to'operation. ` ' '
� Post a publicly visible sign with the teTephone�nitrribe'r-and person to contact at tlle Lead Agency
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regardirig dust` corimplaints. Tliis person shall resporid and take`correetive`action' withuz 48
`` hours. "The Air District's plzone' n-uxnber sh:all�also be `visible to ensure coinpYiance 'with
applicable regulations. :
19: SIOLOGICAL RESOLJRCES
1�1l� ��0-1: For every protected tree.rernoved;�plant replacement trees, of a species and size as
designated by the approval authority and consistent with the replacement value.-of each� tree
removed=.. , , , ; ' ;:;
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� 'A site pIan shall be prepared describulg the relationship of �roposed� gradulg and ufilify
-trenehing: to .the trees designated for preservation : <Gonstruction and grading shoizld ;not
sigziificantly rais'e or_Iower the`;ground"level berieath tree:drip lines.: If the ground level is
pro.posed:for modification beneafh the-:drip:�line; t�ie architect/arborist shall .raddress and
mitigate the impact to the free(s),.,
; . .■ � All tre.es to be preserved on,the property and:all;trees.adjacent to the property shall be protected
� ,, � against damage during construction operations,by constructing.a four-foot-high fence'.around
�, the;drip Iine,,and armor as needed. Tlie.exfenf of fencing"and armoring shall be determined by:
=.the landsc.ape�architect: The tree'protection shall be placed before'any excavation or:grading is
: begun aiid shall be maintained in.repair,-for the duration of the construction work. .
� No construction operations shall be carried on within tlle drip lule area of any tree designated to
be saved excepf:as is authorized vy.tlle'Director of Community Development.
� =If'trenchirig�is required to penetrate"the protection ba'rrier'for'the tree;the section of french in the '
` .drip''�line shall' be hand dug so'as to preclizde�t�ie cutfulg of roots. Prior to initiatirig any
=� trencliing,=with�il the barrier approval by sfaff with corisuTtation of' an arbo`rist shail be
. completed: ' , , . .
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� Trees which require aily degree of fill around the natixral grade shall be guarded by recognized
: standards of tree protection and desigil`of tree wells.'� - �
■ : The area iulder the drip line of the tree shall be kept clea�.1. No collsirtzction maferials nor
� chexnical solvents shall be stored or durriped:under a tree: '
� Fires for any reason shall not be made within`fifty feet of'any tree seTected to remain`and shall be
limited in size aild kept under constant surveillance.
� The general contractor shall use a tree service licensee; as defined by California Business>and
Professional.Code, to prune and cut off the brariches fhat must be reinoved during the�grading
or construction. No branches or roofs shall be°cut unless at first reviewed by the-landscape
arcl�utect/arborist with approval of staff. `
. � Any damage to existing tree crow�ls or root systems shall be repaired uYunediately by an
a
approved tree"surgeon.
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Resolution No.6744 EXC-2014-02 June 9,2014
■ No storage of construction materials or parking shall be permitted within the drip line area of �
any tree designated to be saved.
20. CULTURAL RESOURCES MITIGATION MEASURES
MM HAZ-1.4: In the event that any prehistoric or historic subsurface cultural resources are
discovered during ground disturbing activities, all work should be temporarily halted in the vicinity
of the discovered materials and workers should avoid altering the materials and their context until a
qualified professional archaeologist has evaluated the situation and provided appropriate
recommendations. Project personnel should not collect cultural resources. The City of Cupertino (or
its representative) shall consult with a qualified archaeologist or paleontologist to assess the
significance of the find. If any find is determined to be significant, the City of Cupertino (or its
representative) and the archaeologist and/or paleontologist would meet to determine the
appropriate avoidance measures. All significant cultural materials recovered shall be subject to
scientific analysis, professional museum duration, and a report prepared by the qualified
archaeologist according to current professional standards.
21. NOISE MITIGATION MEASURES
MM NOI-1: The following construction noise mitigation measures shall be taken in order to reduce
noise event impacts to nearby receptor areas:
• Construction activities shall be limited to the hours of 7:00 am to 8:00 pm on weekdays and 9:00
am to 6:00 pm on weekends. Construction activities are prohibited on holidays.
• All construction equipment shall use noise-reduction features that are no less effective than �
those originally installed by the manufacturer. � If no noise-reduction features were originally
installed, then the contractor shall require that at least a muffler be installed on the equipment.
• No individual device will produce a noise level more than 87 dBA at a distance of twenty-five
feet or the noise level on any nearby property does not exceed 80 dBA.
22. 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
23. 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
Resolution No.6744 EXG2Q14-02 June 9;2014 -;
. and regulation pertaining to all consfruction activities and limitations identified in`this p'ermit;along
� with the name and telephone number of a .developer appointed disturbance coordinator; shall be
. posted in a prominent Iocation at the ent-rance"to the job site:
24. DEMOLITION REQUIREMENTS _
All demolished building and site materials shall be recycled to the maximum extent feasible subject
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to the Building Official. The applicant shall provide evidence that materials were recycTed prior to
issuance.of final deinolitiori permits: . ,� , ` '
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25: CONSULTATiON WITH OTI-IER DEPARTMENTS
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The applica�lt is responsible to consult with other departments and/or a encies 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 Depar-finent: t "
26: INDEIVINIFICATION ; , ,
To:tl1e extent perxnitted by law, the Applicant si1a1L inden�ulify and 11o1d�Ilarrnless the Gity,:ItB CI�
Council;its officers; employees and.agents:(the "indernni�ied parties")'from`a�1d;against any claim,
acfion, or proceeding brought by a third party against>the indemnified parfies and'the;applicant to
attack, set aside, or void this ordinance or any permit or approval aufllorized hereby for the project,
including (without limitation) reimbursulg the City its actual attorneys' fees'and cosfs incurred iri
defense'of the litigatiori. The City xnay, iri its sole discretioil; elect to defend ariy�'such='action'with
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� �aftorneys of its choice. ; ; : ;
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2�. 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 Go�ernment Cod'e Sectiori',
66020(d) (1), these�Conditions constitute written nofice of-a statement of the ariiount of sizcl% fees, .
and a de`scription of the'dedications, reserVaf�ons, -`aiid'other exactions. You are hereby fizrther`
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nofified that 'tYie 90-day approval period in which �you may protesf these fees, dedications, ;
reservations, and other exactions,pursuant fo Government Code Section 66020(a),I1as begun` If you;
fail to file a protest wii:hin this 90-day period coxnplying with all of the requirements of Sectiori
� 66020;you will be Iegally barred from:later�challenging`sucli'exactions.
�'SECTIONN: CQNDITIONS ADMINISTERED BY THE-PIJBLIC WORKS IDEPARTMENT `
1. RETAINING,WALL ,
Developer will be responsible for designing a�1d installing a concrete retau-ting wall::on the downllill
(easf) side of Cordova Road along the properfy frontage, in accordance with;City Standards and as
approved_by the,Gity Engineer: The retaining wall,will need to;provide adequate 'suppor.t for�the
roadway to. handle:the:increased traffic caused .by;the development ,and to address;einergency
velzicle (fire truck) loading requixements. . The Developer shaIl provide to .the :City samples or
depictions of the wall fa�ade for ap�roval,prior to instaIlation of the wall. _
2. ASPHALT PAVEMENT ALONG PITBLIC STREET . ,
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Developer will.be required to repair any.damage to the asphal,f pavement in the public right,of�,way
� caused by project's�construction activifies, as required;by and:to the safisfaetion of the City Engineer.
Resolution No.6744 EXC-2014-02 June 9,2014
3. TREE PROTECTION AND PRESERVATION
Developer will be responsible for protecting and preserving the existing Torrey Pine tree (Pinus �
Torreyana) located adjacent to Cordova Road on the southerly end of the property frontage. Tree
protection facilities shall be installed in accordance with City Standard Details and will be required
to be inspected and approved by a certified arborist.
4. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
5. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
6. 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.
7. 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.
8. 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.
9. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post-
development hydraulic calculations must be provided to indicate whether additional storm water
control measures are to be constructed or renovated. The storm drain system may include, but is
not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via
buried pipes, retention systems or other approved systems and improvements) as necessary to avoid
an increase of the ten percent flood water surface elevation to the satisfaction of the City Engineer.
Any storm water overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reasonably possible.
10. 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
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Resolution No.6744 EXC-2014-02 - June 9;2014 -
detailed plans showing utility underground provisions. Said plans shall be subject to prior appro�al
� of'the affected Utility provider and the Cify Engineer.
11. IMPROVEMENT AGREEMENT
The project developer shall enter ulto a development agreement wifh the. City of Cupertino
providing 'for payment of fees, including but not li.mited to:checking,.and inspection fees, storm
drain fees, park dedication fees and fees�for -unde'r grounding of'utilities. Said agreement;shaIl be
execufed prior to issuance of construction pern�uts. :: ' ' :
Fees: , : `,, .,
, , ;. ..
a. Checking&Inspection Fees $Per current fee schedule ($2,7Q7 or 5%)
b. Grading Perrnit: $Per current fee schedule ($2,542.00 or 6%),_
c.De�elopment Maintenance Deposit: $ 1;000.00 _.
d.Storm'Drainage Fee: $TBD ' .: . ,,
�� ,
; e.Power=Cost: , . ; , _ : ..: ,
f.;IVIap Checkulg Fees: $Per curreilt fee schedule($8,213:00) , .
g. Park Fees: $Per current fee sclledule(.$9,000 per unit) . _
11.Street Tree $338 per tree to be installed by City
'`�; ;Based on,the Tatest effective PG&E rate schedule approved by t11e PUC
; , � .
Bonds:,
� Faithful Performance Bond: 100°/o of Off-site and On-site Improvements >
Labor&Material Bond: 100%of Off-site and On-site Ixnprovement
� On-site Grading Bond: 100%of site iinprovemenfs.
� =The fees described above are imposed based upon the current fee schedule adopfed by the,,City
Council. However, the.fees imposed herein may be modified at the time of'recordafiori of a final
, map or issuanee of a building permit u1 the event.of said change or c11ai1ges, the,fees changed.at fhat
� ;: tixne w.ill,reflect tlie fhen current fee schedule. � ` -
12. TRANSFORMERS
Electrical.transformers, felephone cabinets and similar equipment shall be placed in:undergrotuld:
vaults: .The developer must receive written approval::froin botll the Public Works:Department -and
fhe Conimiu.lify Development Departrneizt prior to.ii-istallation of any above ground equipment.
Should above ground equipment be permitted by the City, equipment and enclosures shall be
screened with fenci�lg and landscaping such that said equipment is not visible from public street
areas, as deterinined by the Coinmunity Development Department. ' Trarisforiners`sllall not be
Iocated in fhe front or side building setback area.
13:WATER'BAGKFLOW PREVENTERS ' .
' Doniestic and Fire Water Backflow preventers a�.1d"sunilar above ground equipment shall be plaeed .
away from the public right of way and site driveways to a location approved by the Cupe�tino
Pl��uli�lg Depart�nent, Santa C1ara County Fire Department and the wafer.company.
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Resolution No.6744 EXC-2014-02 June 9,2014
14. 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.
15. 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.
16. 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.
17. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan
should include all erosion control measures used to retain materials on site. Erosion control notes
shall be stated on the plans.
18. 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.
19. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
20. TRASH ENCLOSURE
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.
21. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to refuse
truck access for the proposed development.
Resolution No.6744 EXC-2014-02 June`9,2014
22. STREET TREES ' '
� � , _ _ , ,
Street trees shall be planted witivn 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 Fhe City.
: _ , ,
24. FIRE,SAEETY::DURING.CONSTRUCTION
. � ,:. ,
Developer shall at all times during construction have adequate access t,o water facilities (temporary
metered access to a fire hydrant, an onsite water tank, water truck, etc.) to` aid in uninediate fire
suppression. ; _
.
25,,SANTA.CLARA COUNTY FIRE DEPARTMENT ; �
;, . . . ; , „
; A letter of_clearance for the project shall be obtained from the Santa Clara County;Fire Departxnent
prior to,issuance of builduzg perrnits. Clearance should include written appr.oval of the locatioil of
. __. �� _., . ;_ _,
any propos.ed Fire;Backflow Preventers, Fire Department Connections and Fire Hydrants (typically _
Backflo.w,Preventers should be located on,private property adjacent to_the public right of way, and
fire departrnent connections must be located witluri 100' of a Fire Hydrant). -
„ - , ,.� _� :
_
26. 'FIRE HYDRANT _ _
' Fire hydranfs sliall be Iocated as required by the City and Sarita Clara'County Fire Department as
:.
; n.eeded::. , . � , ;
� ,� � �
� 27. SAN jOSE WATER CONlPANY CLEARANCE
Provide San jose Water Company approval for water connection, service capability and location"and
layout of water lines an'd backfTow preventers before issuance of a building perniit approval.
_ _
,
28."DEDICATION OF WATERLINES . ;
' �. Developer shall dedicate to the City all water mauls and appurteriances installed to City Standards.
T11e "developer shall reach aiz agreement with San Jose Water Company for water service fo the
�subject development: , , '`. .,
29; DEDICATION OF LTNDERGROUND WATER RIGHTS ; =. , �
Developer shall,"quit claim" to the City all rigllts.fo pump;,take;or otherwise extract water frorn the
underground basin or any undergroutld strata in the Santa Clara Valley.
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30, SANITARY DISTRICT . .
� A.Ietter-;of clearance for the project shall.be ob,tained;_froin the Cupertino Sanitary Distr-ict prior to
issuance of building:permits. ; ; . _; - . .
31. UTILITY EASEMENTS
Clearance approvals from the agencies wiFh easements.oi1 the properfy (ulcluding 1?G&E, AT&T;
and Water Company,.,and/or equivalent;agencies)..wiIl,be,required prior to issuance o£,,building
permits: _
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Resolution No.6744 EXC-2014-02 June 9,2014
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE �
DEPARTMENT
1. FIRE SPRINKLERS REQUIRED IN RESIDENCES AND DETACHED WORKSPACES
Wildland-Urban Interface: This project is located within the designated Wildland-Urban Interface
Fire Area. T'he building construction shall comply with the provisions of California Building Code
(CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section
701A.3.2.4 prior to project final approval. Check with the Planning Departrnent for related
Landscape plan requirements.
2. FIRE SPRINKLERS REQUIRED IN RESIDENCES AND DETACHED WORKSPACES
An automatic sprinkler system shall be installed in one-and two-family dwellings (including
detached workspaces) as follows: In all new one-and two-family dwellings and in existing one- and
two-family dwellings when additions are made that increase the building area to more than 3,600
square feet. Exception: A one-time addition to an existing building that does not total more than
1,000 square feet of building area. NOTE: The owner(s), occupant(s), and any contractor(s) or
subcontractor(s) are responsible for consulting with the water purveyor of record in order to
determine if any modification or upgrade of the existing water service is required. NOTE: Covered
porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit
application and appropriate fees to this department for review and approval prior to beginning their
work. Sections 903.2 as adopted in Section 16-40-210 of the CMC. �
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. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and County
Fire Standard Detail and Specification SI-7. Provide appropriate notations on subsequent plan
submittals, as appropriate to the project. CFC Chp. 33.
5. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in such a position
as to be plainly visible and legible from the street or road fronting the property. Numbers shall
contrast with their background. CFC Sec. 505. �
Resolution No.6744 EXG2014-02 June 9,2014
SECTION VI: CONDITIONS ADMINISTERED SY THE CUPERTINO SANI'TARY DISTRICT
_ .
1. FEES AND PERMITS
Cupertino Sanitary District Fees and Permits shall be required for the subject improqements.
2. BACKFLOW DEVICE
An appr`oved backflow device (IAPMO or UPC approved) is�equirecl since the Iowest finislled floor
" with plumbing is less fhan (1') foot above the rim of the nearest upstream manhole (O.C. 4105). Tlie
backflow device will be inspected to verify existence and serviceability by a Disfrict Inspector at the ,
time of video inspection. District to provide Building Departrnent with �vrif�en no�ification upon
completion of inspection (0.�. 5104): � :
3: 1'ROPERTY LINE CLEANOUT -
: � Install new property line cleanout. Property line clea�.lout must be within.5 feet of the property.line.
Cleanout shall be the saxne diameter as fhe sfreet portion of the service lateral. Gravity lateral is 4"
diam�ter minimu� (0.�:4101). , - .
4. CONNECTION PERMIT
A Cupertino Sanitary District Conxaecfion Permi� is required for the proposed improvements (O.C.
�100)
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5. LATERAL PERMIT
,
A Cupertino Sanitary Dist-rict Lateral Permit is required for the proposed improvemeilts (�.C.
� �300). Lateral Permit will only be issued to Licensed Underground Contractor registered to work in
the Cupertino Sanitary.District. I�lstructions for Contractor's registration can be found on the
D1SET1Ct's'website under "Contractors." (O.C. 5100).
6. SEWAGE PUMP
` A sewage puxnp is required unless a:Civil Engineer certifies that the sewage can adequately gravity
drain from plumbing fixtures to public sewers. The sewage pump shall not be located within fhe
\ ' crawlspace or basement. Relocate pump outside of structure or within light well or stairwell. The
puinp will be inspected by the City'of Cupertino aild verified by a District Inspector.
7. SANITARY SEWER MANHOLE
Show the upstream sanitary sewer manhole wit11 existing rim and ulvert elevation,main and Iateral , :
on plans. The`street porfion of existing sanitary sewer lateral is to be extended by permit from the
Disirict to tlle ilew property line.
S. CLOSED-CIRCUIT VIDEO
Closed-circuit video of the new property line cleanout, point of corulection a�.1d District lateral is
required prior to clearance for City of Cupertino Final Inspection. Otnmer to call Disfrict at leasf 4�
hours prior to video uls�ection to schedule a District Inspe,ctor. District to provide Building ,
Department with written notification upon completion of ulspection(O.C.5104).
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Resolution No.6744 EXC-2014-02 June 9,2014
PASSED AND ADOPTED this 9th day of June, 2014, Regular Meeting of the Planning Commission of �
the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Sun, Gong, Takahashi
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
Paul Brophy, air
Assist. Director of Community Development Planning Co ssion
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G:\Planning\PDREPORT\RES\2014\EXC-2014-02 res.doc