Reso 6745 EXG2014-03
� CITY OF CIJPERTINO
10300 Torre Avenue
Cupertuzo., Califonlia 95014
� RESOLUTION NO. 6745 �
OF THE PLANNING COIVIMISSION OF THE CITY OF CUPERTINO
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`APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF. '
A NEW 3,185 SQUARE FOOT SINGLE FAlVIILY RESIDENCE ON SLOPES GREATER "
THAN:30% ON A VACANT LOT LOCATED AT-10645 CORDOVA ROAD (LOT B); - ,
SECTION L• PROTECT DESCRIPTION
Application No.: . EXC 2014-03 (EA-2014-03)�. ; _ . ;` , , ' ,
Applicant:_ ' ' �Terry Brow11(Osann,.K. O'Grady and B. O'Grady Lots)
Location: Lot B; 10645 Cordova Road APN#342-22-101 `
, SECTION.IL: EINDINGS FORDEVELOPIVIENT PERIVIIT: - '
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WHEREAS,';the ;Plaruznlg Commission, of the,,City of: Cupertino received an applicafioiz for a
pevelopinent Permit as;described in Section I. of this Resolution; and :
� WHEREAS the Envirorunental Review Commiffee I=i'as recommended ado` tion of a IVliti ated Ne ative
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Declaration;,and ,,
WHEREAS,"the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cuperfino, and the P1az1nulg Coxninission has held at least one'public hearuig in regard'to
� tlie apphcati'on; and . _
WHEREAS;�the applicant has met the burden of'proof required to support said application; and.-
WHEREAS,,the Plannulg Co�ninission finds as follows with regard to,this application:
1: The proposed development will not be injurious to property or improvements in the area nor be
detrimenfal to fhe public health;and safety. .
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The,�roposed site is situated on the west side.of Cordova Road, between Mercedes Road to tlie north and
San Juan Roacl to the south. The lot is cur�•ently vacant and surr.ounded by existing lzillside single-family
Yeside,nces in the Inspiration Heights area of the.city. Thea•efo��e; .the development will not be injurious to
� �roperty oY imp��ovements in the area no��be,detrirxcental:ta the,public health and safety.
2. ' The proposed development will not create a hazardous condition for pedestrian or vehicular
;traffic.
;:Various stYeet improveaaients are ps oposed to Cordova Road to widen tXie street, construct cuz b and gutter
� :to better define the edge of the street, theYeby improving,vehicular circulation. In addition, the paroject
proposes the construction of one dr.iveway.to serve, thr.ee residences which will ��educe multi�?le confliet
Resolution No.6745 EXC-2014-03 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.
Resolution No:6745 EXG2014-03 �- June 9,2014
The development on the property shall use natural earth tone and/or vegetation colors with stone detailing
� and'wood siding`which' blends with the natural hillside enviYonment and which is designed in such a
rrianner as to reduce tlze.effeetive visible mass as much as possible.
, 9.. T'he;proposed development is.located on the parcel as far as;possible from public open;s;pace
- . . ;preserves qr-parks (if visible therefroxn),, r.iparian corridors,;and,wildlife habitats unless such
location will create other;more negative environmental impacts.
The pl�oposed development is located on the parcel as far as possible from public open space prese��ves_or
parks'(if visible therefrom), riparian cora�idors, and wildlife habitats unless such location will:ereate other,
. more negative envi�•oninental itn�acts. - � ` ;, ` '
10. The proposed development is ofherwise consistent with the City's General Plan and Zoning
Ordinance as deseribed in Section 19.40:010. .':_. : �' '
- The development is 'meeting all the 're"qui��e�nent's�for RHS zoned ��ropelfties ancl is consisterct with the
City's General Plan and Zoning O��dinance as described in Section 19.40.010.
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NOW,THEREFORE,BE IT RESOLVED: .
That after careful consideration of the initial study, maps�facts, e�.v.bits, testi.unony, and.other evideiice
submitted'in this matter, subject to the conditions which are enuxnerated in this Resolution beginnuzg on
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PAGE 2 thereof;: _
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A Mitigated' Negative Declaration (Application no. EA=2014-03) is hereby recommended for adoption;
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and the application for a Hillside Exception, Applicafion no. EXC 2014-03 is hereb'y reconixnended for
appro`val farid tYiat`the subconclusions upon wliicli tlle findings arid coriditioris specifiec`l�in this resolution
are based and contained in the Public Hearing record concerning Application no. EXG2014-03 as set
forth in fihe Miiiutes'of'Planraing Coininission Meeting of June 9; 2014, and are incorporated�by reference
as tfiqu.gh full.y set forth'Fierein. > ,.
SECTION III: CONDITIONS:ADMINISTERED:BY T-HE COMIVIUNITY DEVELOPMENT DEPT. .;
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i: �APPROUED EXHIBITS . .
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Approval recornmendation is based on the plan set received January 29,2014 consisting of 25 sheets,
labled C, P-1, A-1, A-2, A-3, A-4, B-;1, B-2A„B-2B, B=3; B-4, G=1, C 2A,-G2B, 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 Cusfoin Residences, 10645 Cordova R'd., Cupertino, CA
95014," drawn by SSS Designs LLC; except as may be amended by coizditions in f.his resolufion.
2. AGCUItACY OF PROTECT PLANS
The applicant%property owner is responsible to verify all pertinent property.'data including bizt not
.. lixnited to property;boundary locations, building setbacks, property size; building square footage,
any relevant easements aild/or constructiori records. Any misrepresentation of any property data
inay invalidate this approval�id m:ay r.equire additional review. <
3. CONCURRENT APPROVAL CONDITIONS - , :,:. , ,
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� The conditions of approval contained in file no. TR-2014-10 shall be applicable to this approval.
Resolution No.6745 EXC-2014-03 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 RHS zoning and other relevant regulations. Any exterior
changes determined to be substantial by the Director of Community Development shall require a
modification approval.
5. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of one residential unit from the Other Residential
Neighborhoods residential allocation area.
6. 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.
7. 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.
8. DRIVEWAY EASEMENT AREA
The shared ingress/egress driveway shall be impervious pavers.
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. INTERIOR GARAGE DIMENSION
The interior garage clearance shall be 20 feet by 20 feet(measured from inside walls).
11. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of buildin��permits, the applicant shall submit a full landscape project submittal
per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist
(Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget
Calculations shall be reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits.
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Resolution No:.6745 EXG2014-03 june 9;2014
12. �LANDSCAPE INSTALLATION REPORT ,
� A landscape insfiallation'aizdit shall be conducted by a:certified landscape professional after the
landscaping and irrigation system have been insta]Ied and_�rior to final occu�anc�. The findirigs of
the assessment shall be consolidated into a landscape installation report.
The Iandscape.installation report shall ulclude, buf is not Iimited to: inspection to confirm that the '
landscaping and:irrigation system are installed, as specified.in the Iandscape and irrigation design
plan, sysfem tiule-up, system test with distribution uniformity, reporting overspray or run-off fihat
' causes overland flow, and preparation of an irrigafion schedule.
The Iandscape insfallation reporf shall include=the following statement:; "The_landscape and
irrigat-ion system have been installed as specified in the Iandscape and irrigation� design plan and
complies with the criteria of the ordinance and.t�ie perinit:"
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13. LANDSCAPE AND IRRIGATION MAINTENANCE . .;
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A maintenance schedule shall be established a�.1d submitted to .�lze Director of Comxnunity
,: Developinent or his/her designee,.either with,the;Iandscape,.application packabe, with the landscape
� installation report�rior to issuance of.final occupanc�,;or any time before the landscape installation
report is submitted,�rior,'to issuance.of buildin��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 limited to the following: routine inspection;,pressure
,, testirig, adjushnent and repair of the irrigation system; aerating and de-thatching turf areas;
� , replenishing mulch; fertilizing; prunulg; replanting of failed plants, weeding; pest control; and
removing obstructions to exnissiori devices.
c) Failed plants shall be replaced with the.same or funcfionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation: Failing plants shall
:eithex be.replaced or be revived through appropriate adjustrnents_in water, nutrients, pest
_ control or,other factors as recommended by a landscaping professional.
14: TREE PROTECTION ;; , � ;
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'Tlie existing trees to 'remain shall�be protected during construct=ion'per the City's Protected Tree
Ordulance (Chapter 14.18 of the municipal code). The Cify's`standard tree protecfion"ineasu'res`shal].'
be listed on the plans, and protective feneing shall be installed around Fhe trees to remain prior to
isstzance of building permifs. A report ascertainulg the good heal�I1 of these trees.shall be.provided
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prior to.issuarice of final occupancy.
15. COMPLIANCE WITH MITIGATION MONITORING'AND REPORTING PROGRAIVI(MMRP�
T�ie project shall be required to ac111ere fo tlie mitigation'measures identified in the Mitigated
Negative Declaration (EA-2014-02) aild 1VIitigatiori IVloiutorulg and Reporfing Prograxri (1VIMRP)for
the projeet.
16. GEOLOGY AND SOILS MITIGATION 1VIEASLTRES :
1VI1� G��-1: The Geotechnical Study has identified and provided recommendations for site'rupture
� potential under section 9.1 Location of Proposed Improvements. Those recornmendations 'will be -
followed in the construc�ion of the proJect. ` �
Resolution No.6745 EXC-2014-03 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
recommendations.
• 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.
17. 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 soil, 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 Na 6745 EXG2014-03 , June 9,2014
�: measure Title 13, Section 2485 of California Code:.of;Regulations [CCR]). Clear,signage shall be
� , provided for construction workers at all access points.
� All construction equipment shall be maintained and properly t�uzed in accordance with
manufacturer's specifications. All equipment shall be:'checked by a certified mechanic and '
determined to be ruiinulg in proper condition prior:to operation. ��
� Post a publicly visible sign with,the telephorie nuiiiber and person to contact at''ti-ie Lead Ageilcy I
`regardiiig dizst complaints. Thi.s person shall ��espond and' take correetive action within 48 �,
hou.rs. T'Iie� Air District's 'phone `number shall also be visible 'to ensure cornpliailce`with I
a � l�cable ;_ ,�
pp ���regulations. � �
18. BIOLOGICAL RESOURCES � . _ .
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1�1l� �I0-1: For every protected tree -renmoved; plant replacement trees, of:a: species and ,size as
designated .by the approval authorify arid -consistent.-with the replacement :value. of each: tree
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� `A site plan shall be prepared describing tlle relationship of proposed:grading ,:and utility'.
_ trenehing; to the trees designated for.p'reservation. � Consiruction and rgrading should not
significantly raise or lower the ground level beneath tree drip lines. If the-ground level is
proposed for modifieation beneath the drip line,. the architect/arborist shall address a�.1d
- mitigate the impact to the tree(S). : , ,
� ;'All t-r'ees to be�preserved omthe property and;all trees adjacent to the.property shall be,protected
� ; ;, - against damage during construction operations;by construeting a four-foot-high fence'around
�; �the:drip line, arid armor as needed. The extent of fencing a�.1d armoring shall be determined by
: :;the landscape architect. The tree protection shall be placed before any excavation or grading is`'
begun and shalt be maintained in;repair for the duration of the construction work. ..�
� No construction operations shall be carried on wifl-iin fhe drip line area of any tree designafed to
'�be saved except'asis:authorized.vy the=Director of Comiimunity Developmenf. ��'
■' 'If trenching is required to penetrate the�rotection barrier for the tree,the section of trench'in the
drip''line shall be hand dug so `as to precl`ude t11e cut-ting of roots. Prior to init�atiiig any `
trenehirig"`within' the barrier approval by staff with consultation of an arborist s11aIT be
completed.
� Trees which require any degree of fill around the riatural grade shall be guarded by recognized
standards of tree protection and design of tree'wells.
� Tli.e area under the drip line of the tree shall be kept clean. No coristruction mate'rials rior
chemical solvents shall be stored or dumped under a tree.
� Fires for a�.zy reason shall not be made withuz fifty feet of ariy tree seTected to remain and shall be
' limited in size and kept under constant surveillance.
■ The`general contractor shall use a free service licensee;`as:defined by California Business and
Professional Code, to prune and cut off fihe branches that must be removed during tlie grading
or construction. No bra�.lches or roofs shall be=cut unless'at firsf revietived by the laridscape
architect/arborist with approval of staff. .
� � Any damage to existing tree crowils or root systems sha.11 be repaired u�nined'iately by an
approved tree surgeon.
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Resolution No.6745 EXC-2014-03 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.
19. 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.
20. 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.
21. 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
22. CONSTRUCTION HOURS
Consttuction 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.6745 EXG2014-03: �. : _ June 9;2014
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and regulation pertaining to all construction activities and Iixnitations id'entified in this permit,along
� wifh the name and telephone number of a .developer_ appointed disturbance coordinator, shall be '
posted:in a:prominent location at the entra�.zce:to the job site. ` ',
23. DEMOLITION REQUIlZEIVIENTS , , , ,
All demolished building and site materials shall be recycled to the maximum extent feasible subject ',
to the Building OfficiaL The applicant shall provide evidence that materials.were recycled prior to
issuance of fulal dexnolition permits. _ '
24. CONSLTLTATION WITH OTHER DEPARTMENTS ��
The applicant is responsible to consult wlth other departinents and/or'agencies with.regard to the' �'
proposed project 'for, additional conditions-,and.requirements: Any misrepresentation 'of any ��
submitted data may invalidate an approval by the Commuruty Development Department. '
25. INDEMNIFICATION ' ` , _ . ; ' , �
To the extent perxnitted by Iaw; the:Applicant shall.indemi�ify.and hold harmless the City,>its City
Council, its.officers, ernployees and:.agents'(the�"indeinnified.parties'%) from and.against;any claim,
action, or praceeding brought by a tTiird party agaulst'the uldeu�ulified parties and the applicant to
attack,set aside, or void this ordinance or any permif'or approval authorized hereby for'the p�oject,
ineluding (without Iimitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense.of the'litigation: �'The City may; iri:its sole discre'tiori, eleet to defend" any such action with
attorrieys of its�choice. `
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� 26. NOTICE OF FEES DEDICATIONS RESERVATI 1 �
ONS OR OTHER EXACTIONS
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The Conditions of Project Approval set forth herein .may include certain fees, `dedication
requirements,reservation requirements, and other exactions. Pursuant to Governxnent Code Secfion`
66020(d)'(1), tli.ese Conditions consfitute wr"itteri`notiee of a sfatement of fhe amount of such fees,
' and a'�description of the dedieatioris, reservations; and ofher exactioris. You are liereby fiirther
notified that the �90=day approval'"period= �iri which you may''protest t�iese fees, "dedications;
reservations,'and other exactions, pursuant to Goverilment Code Sectioi166020(a),has begun If you
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fail to file a protest withul this 90-day period eomplying wifh all of the requiremenfs 'of Secfion
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66020,you will be Iegally barred from later challenging sucli exactions. ' ` , `
SECTION�IV: CONDITIONS ADMINISTERED SY THE PLJBLIC WORKS DEPARTMENT
1. � RETAINING:WALL , - ; ;
Developer will be responsible for desigizulg and uzstalling a concrete xetaining.wall;on.the dowi111ill
(east),side of Cordova Road,along the property frontage, in,accor.da.nce;with,Cify Standards and as
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appro�ed Uy;the Gity Engineer. The retaining wall,will need to,provide adequate support for:the
roadway to handle,the increased traffic caused by the development and to address emergency
vehicle (fire truck) loaduzg requirements. The Developer shall pro�ide to the'City samples or
depictioils of the wall fa�ade for approval,prior fo installation of the wall.
2. ASPHALT PAUElUIENT ALONG.PUSLIC STREET .;. ,
� : , Dev.eloper will be required to repair.any damage to,the.asphalt pavement in the public right of way
� caizsed b;y project's;construction activities; as required by and�to the satisfaction of the Ci;ty Engineer:
Resolution No.6745 EXC-2014-03 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
Resoliitian No:6745 EXG2014-03 " June 9;:2014
detailed plans showing utility underground provisions. Said plans shall be subject to prior approval
a -of the affected Utility provider'and�e Cify Engineer. ` '
: ;
11. IMPROVEMENT AGREEMENT �!
The project developer shall enter into a development: agreement with the City of Cupertino
pro�iding for payment of fees, including-but not .Iimited to checking; and inspection fees; storm I�
drain fees,park declication fees and fees for under 'grounding of utilities. Said agreement�shall be j
executed prior:to issuance of construction permits.. I
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, Fees: , ;
a. Checking&Inspection Fees: $Per current fee schedule ($2,707 or 5%)
b.'Grading Permit: , $Per curreilt fee schedule ($2,542.00:or 6%)
c.Development Mai�ltenanee Deposit: �$ 1;000:00 � '
d.Storm Drainage Fee: ` $TBD.
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e: Power.Cost:_ _
f.IYiap Checking Fees: $Per current fee sclledule ($8;213.00)
g.Park Fees: $Per current fee sehedule ($9,000 per wlit)
h. Street Tree $338 per tree to be installed by City
, , , , ;. ; : :
�'�'; Sased o�n=the Iatest effective PG&E rate schedule'approved by the PUG
, .
: .. Borids: ; ,
,: > � . k
� ' Faithful Performance Bond: 100%of Off-site and On-site Improvements
Labor&Material Bond: 100% of Off-site and On-site Improvement
On-site.Gradirig Bond: 100%of sife improeements. ' - `
-The fees described above are imposed based upon fihe current fee schedule adopted by the City
� Co-uncil. However; the fees imposed'herein may be modified at the fime of'recordation of a,final
map or issuance of a:building permit in the event of said change or changes, tlie fees chailged at that
tixrie will reflecf the then current fee schedule. , ' : . :
12. TRANSFORMERS ;
Electrical transformers, telephone cabinets and similar equipment shall be placed �n uriderground
` vaults.�The developer must:receive written approval,froin both the Publie Works`.Depariznent a7.1d
fhe. Community Development Depariment.prior;to installation of any above ground equipment.
Shoulc� above. ground equipment be permitted by the City, equipment and enclosures shall be
screened wiFh fencing and landscaping such that said equipment is not visible from publ�c streef"
areas, as deterinined by t11e Communify`Development Departmenf. ' Trailsformers shall not be
located'in the front or side building setback area.
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13. WATER BACKFLOW PREVENTERS ' ` ' -' `
' "Domestie'and Fire Water Backflow pr'eventers'and sinmila`r above groiuzd equipmenfi shall be placed
away from fhe public right of way and site driveways fo a locafion approved by the Cupertino
Pl��ululg Department; Santa Clara County Fire Department and the water compa�.zy.
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Resolution No.6745 EXC-2014-03 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 RE UIREMENTS
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.
Resolutiori Na b745 EXG2014-03 June 9,2014 ,
1 22.uSTREET TREES `` -
� Street trees shall be planted within the Public Right of Way to fihe satisfaction of the City Engineer ��
and shall be of a type approved by the Cify in accordance with Ordinance No. 125. �
23: FIRE PROTECTION, . : ; ,
Fire spr.inklers shalI.be insfalled uz any new construction to the approval of tYie City:
24. FIRE.SAFETY-DURING CONSTRUCTION
_
Developer shall at all times during conaEruction have adequate access to water facili�ies (temporary
xnetered access to a fire hydrant, an onsite water tank, water truck, etc.) to aid in itzunediate fire
suppression. ' , ' : '
25. SANTA,CLARA COIJNTY FIRE DEP.ARTMENT :
�_.
A letter of clearance;for the project shall be obtauled from t11e Santa Clara County Fire Department
,:
, . prior to issuance of building permits...Clearance:should include written approval of the locafion of
any propos,ed Fire Backflow.Preventers, Fire Department Connections and Fire Hydrants�(typically
Baekflow Preventers should be Iocated,on,private property adjacent to-the public_right.of way, and
fire department connections"must be located witliin 100' of:a Fire Hydrant).
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26. FIRE H1'DRANT . , ;
,�- � : ,
Fire hydranfs shall"be located as required by the City and�Santa Glara County Fire Deparhnent as
=needed. �
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� 27. SAN TOSE WATER COMPANI'CLEARANCE _
Pro�ide San Jose Water Company,approval for water connection, service capability and location and
layout of wafer lines and backflow preventers before issuance of a building perxnit approval
. .
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< 28. DE`DICATION OF WATERLINES ,' ; : ;' .
`' 'Deyeloper`shall ded'icate::to the City all water niains and appurtenanees installed to City Starid;ards.
'` The developer shall reach an agreement with`San Jose V1Tater Company for water service to tlle
'' subject d'evelopment. '' ; ; _: ' ;
29. DEDIC�ATION,OF UNDERGROUND WATER RIGHTS ' - � � �
;.;. IDe.veloper shall:"quit�claim" to tl1e.City all;riglzts to pump, take or otherwise extract water.from the
undergrotuld basin or any i�.nderground strata in the Santa Clara Va11ey.
30. SANITARI'DISTRICT '
�;A letter.of clearance for the project sI1a1I ve ob,tained:from;the Cupertino Sanitary District.prior to
issuance of:building permits. , :
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31. UTILITY EASEMENTS
Clearance approvals from the agencies witll easements on the property.(includin.g PG&E; AT&T;
and Water Company; and/or equivalent agencies) :will _be`.r,equired prior to issuance of buildiilg
: permits: , -
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Resolution No.6745 EXC-2014-03 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. The 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 Department 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 RE UIREMENTS �
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:6745 � EXG2014-03 June 9,2014
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SECTION VI: CONDI'TIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
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1. FEES AND PERMITS
Cupertino Sanitary Disirict Fees and:Permits shall be requix�ed for the subject improvements.
2. BACKFLOW DEVICE
An approved backflow device (IAPMO or UPC approved)is required since the lowest finished floor
with plumbing is Iess fhan (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 Disfrict Inspector at the
time of video i�lspection. District to provide Building Depart�nent with v+rrftten �otifieatio�. upon
completion of inspection(�.C: 5�.J4). ,
3. .PROPERTY LINE CLEANOUT
' Install new property line:cleanout Pro�erty,line cleanout must be within 5 feet of the property line.
Cleanout shall be the sa�e diameter;as the street portion of the service lateral. Gravify Iateral is 4"
ciiamete��i.�imum: (�.C.4101).
4. CONNECTION PERMIT ,
A Cupertuzo Sanitary District Conxaectio� I'ernait is required for the proposed improvements (�.C.
�100)
5. LATERAL PERMIT
A Cupertino 5anitary District Lateral Perpnit is required for the proposed improvements (�.C.
� �300). Lateral Permit will only be issued to Licensed Underground Contractor registered to work in
the Cupertino Sanitary District. Instructions for Contractor's registration can be found on the
DI$tY'ICt's'website under "Contractors." (0:�. 5100).
6. SEWAGE PUMP
' A sewage pump is required unless a Civil Engineer cerfifies that the sewage can adequately gravity
drain from plurnbuzg fixtures to public sewers. The sewage puYnp shall nof be Iocated witllin the
crawlspace or basement. Relocate puxnp outside of structure or within light well or stairwell. The
pump will be inspected by the City of Cupertino a�.1d verified by a District Inspector.
7. SANITARY SEWER MANHOLE
Show the upstream sanitary sewer'manhole wiEh existing rim and ulvert elevation, main and lateral
on_plans. The sfreet portion of existing sanitary sewer lateral is to be extended by permit from the
District to t11e new property Iuze.
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8. CLOSED-CIRCUIT VIDEO
Closed-circuit video of the new properfy line cleanout, poinf of connection and District lateral is
required prior to clearance for City of Cupertino Final Inspection. Owner to call District at least 4�
houx�s prior to video inspection to schedule a District Inspector. Disfi�ict to provide Bitilding
Department with written noitifieatios�upon completion of inspection (O.C. 5104).
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Resolution No.6745 EXC-2014-03 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: COMMISSIONEIZS: none
ATTEST: APPROVED:
y�. __.
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G Paul Brophy, air
Assist. Director of Community Development Planning Co 'ssio
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