Reso 6746 _ _ ___ _
_ _ EXC-202a-04
� CITY OE CUPERTINO
10300 Torre Avenu e
Cupertino, California 95014
RESOLUTION NO. 6746
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION
OF A NEW 3,186'-SQUARE FOOT'SINGLE FAMIL'Y RESIDENCE ON ST,OPES
GREATER THAN 30%ON A'VACANT LOT LOCATED AT 10645 CORDOVA ROAD (LOT C)
SECTION I: PROTECT DESCRIPTION ` � -
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Application No.: EXC-2014-04(EA-2014-04)
Applicant:, Terry Brown(Osann,K. O'Grady and B. O'Grady Lots)
L.ocation: Lot C, 10645 Cordo�a Road APN#342-22-101
SECTION II:'FINDINGS FOR DEVELOPMENT PER:MIT:
WHEREAS, the P1aruling Co�unission of the City of Cupert-ino received an application for a
� Development Permit'as described in Section I. of this Resoliztion; and
WHEREAS,,the Environmental Review Coizv.nittee has recommended adoption of a 1Vlitigated
Negative Declaration; and
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WHEREAS, �the necessary public notices.,have. been given as required by the Procedural
Ordinance of the`City of Cupertino, and the Planning Commission has held"af least one public
hearinb in regard-to the application; and : ; ;
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WHEREAS, the applicant has met fhe burden: of proof required to support said ap�lieation;
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� WHEREAS, the Plai,ning Coin�nission finds as follows with`regard to this application:
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1. ' The'proposed developmeilt will not b:e injurious to property or improvements in the area
nor be detrimental to the public health aizd safety.`` - -
The proposed site is situated on the zvest side of Cordova Road; between Mer•cedes Road to the noa•th
and 5an Juan Road to the south. The lot is currently vacant and sua�rounded by existing hillside
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single family residences in the Inspiration Heights�area of the city. Thea�efo��e, the development'will
not be injurious to paropeYty or improvements an'the drea rcor be detrimental to the publi"c health'and
safety. � ; . ,
2. The proposed development wiIl not create �a� hazardoizs condition for pedestrian or �
� vehicular traffic.
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Resolution No.6746 EXC-2014-04 June 9,2014
Various street improvements are proposed to Cordova Road to widen the street, construct curb and �
gutter to better define the edge of the street, thereby improving vehicular circulation. In addition, the
project proposes the construction of one driveway to serve three residences which will reduce
multiple conflict 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.
Resolution No.6746 EXC-2014-04' ' june 9,2Q14
�.w� 8. The proposed development consists of structures uzcorporating designs, colors, materials;:
(, ,J ' and outdoor lighting which blend with fhe natural hillside environmenf and which`are
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; designed in such a manner as to reduce the effective visible xnass, including building
height,as much as possible without creating,ofher negative environmenfal impacts:
The.development`on the property shall use natural earth tone and/oY vegetation colors with stone
detailing and wood siding which blends with the natu��al hillside envi��onment and which is designed
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in such a manner as to reduce'the effective visible mass as much as�ossible.
9. The proposed development is located on the parcel as far as possible from_public open �
: space� pxeserves -or parks (if visible.therefrom)� .riparian corridors, and wildlife habitats
unless sueh location will create other,more negative environrnental impacts. ` '
T7ie p�'oposed development is located=on the parcel as.far as possible from public open space preserves
or parks, (if visible therefrom), riparian`corridors, and wildlife-habitats unless such'location will
create other, more negative environmentdl impacts.
10.�The proposed development is otlierwise corisisterit with the City's General P1an and Zoning
Ordinance as described in Section 19.40.010. � : ' "' -
' The development is meeting all the r.equirements for IZHS zoned properties and is consistent with the
City's General I'lan and Zoning Ordinance as descrabed in Section 19.40'.010.-
NOW,THEREFORE,BE IT RESOLVED: ° '
That after careful consideration of the initial study, maps, facts, exhibifs, testimony and other l
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��� eviderice "subizii.tted in '`this matter, subject "to ,the conditions whieh are enumerated in this
, Resolution beginning on PAGE 2 t�iereof,: ' '' : ' ''
A,,Mitigated Negative Declaration {Application i1o. EA-2014-04) is hereby recommerided for
adoption; and the applieation for .a`Hillside°Exception, Application no. EXC-2014=04 is'hereby
recommended for approval and that the subconclusions upon which�lie findings.aild conditions
� spec�fiecl in this resolution are based and contained`'in the'Public Hearirig record coricerning
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Applicatiori�no: EXC-2014-04 as set forth in tlle 1Vlinutes of Planning Cominission Meeting''of
June 9,2014, and are incorporated by.reference as though fully set forth herein.
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' , SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
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1. .APPROVED EXHIBITS _ . :
Approval recommendation is based on the plan set received January 29, 2014 consisting of
25 sheets, Iabled C, P-1,A-1, A 2, A-3,�A-4, B 1, S-2A, B-2B,�B-3, B-4, C-1, C-2A, G2B; C-3,
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C-4, 1, 2, 3, L1.0, L2.0, L2.1, L3.0, L3:1 a11d L4;0 entitled, "3 Cusfom Residences, 10645
Cordova Rd., Cupertino, CA 95014," drawn by SSS Designs LLC; except as may be
ainended by conditions in-Eliis resolution. .
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Resolution No.6746 EXC-2014-04 June 9,2014
2. ACCURACY OF PROJECT PLANS �
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
3. 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.
4. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of one residential unit from the Other Residential
Neighborhoods residential allocation area.
5. 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.
6. TRASH PICKUP 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.
7. DRIVEWAY EASEMENT AREA
The shared ingress/egress driveway shall be impervious pavers.
8. 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 ixnprovements built in the easement area. The
covenant shall state that the declaration is binding on successors and assigns of the
owner(s).
T'he covenant shall be reviewed and approved by the City Attorney prior to recordation.
9. INTERIOR GARAGE DIMENSION
� The interior garage clearance shall be 20 feet by 20 feet(measured from inside walls). �
Resolution No.6746 EXG2014=04' June 9;2014
--? 10. LANDSCAPE PROJECT SUBMITTAL. ` : ' ` '
C,u� Prior to issuance of building �ermits, the applicant shall submit a full landscape project
,' submittal per section-14.15.040:of the Landscaping Ordinance. The Wafer-Effieient Design
Checklist (Appendix A of: Chapter-14.15);�-Landscape and Irrigation Design Plans, and
Water Budget Calculations shall be reviewed and approved to the safisfaction of the
Director of Commw.zity Development�rior to issuance of building�errnits.
11:.LANDSCAPE:INS'I'ALLATION REPORT '.
:A landscape installation audit shall be conducted by a certi.fied Iandscape professional after i
the landscaping and irrigation systexn have been installed�and�rior to final occu�anc�. 'The ii
findings of t11e assessment shall be consolidated into a landscape installafion report.
. The landseape�installation report shall:include, but is,not limited to: inspection to confirm
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that the Iandscaping and irrigation system are installed as specified in; the.laildscape and
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irrigation design plari, system tune-up; system test with distribution uniformity, reporting
' overspray or ru:n-off that causes overlalld flow, and preparation of an irrigation�schedule.
The Iandscape installation report shall include the following statement: "The landscape and �I
lrrigat'ion systerri have been installed as specified in the landscape�and irrigation`design
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plan"and complies with the criteria of fTie ordniance and the permit:"
\ 12: LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance.schedule shall be established and submitted to the Director of,Community
��� Development or his/her designee, either with the Iandscape application>paekage, with the -
°Iandscape� installation report �rior to.issuance:of finai occu�anc�, or. any time�before the
landscape.installation report is.submitted:�rior to issuance of-building_�ermits.
'a) �Schedules should take irito account water requirements for the plant establishmenf -
period and�water requireriments for established landscapes.
- b), IVIaintenance sha11 include, but riot be limited to ;the followang: routine inspection;
pressure testing, adjustment and repair .of `the irrigation system;=aerating and de-
tliatehing.hzrf areas;replenishuig rnulch;'fe"rtilizing;prunulg;replanting of failed plants;
weeding;pest control; and removing obstruetions to emission devices�,
c) Failed;plants shall be replaeed with the same or functionally equivalent plants that xriay '
be size-adj:usted:as appropriate�for the sfage of growtll of'the overall i.nstallation. Failing
plants shall either be replaced or be revived through appropriate adjusiments in water,
' nutrients;pest coiltrol or other factors as recornlnended by a landscaping professionaL
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� 13: TREE PROTECTIQN
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The existing trees to remain shall be protected during construction per the City's Protected
_ Tree,Ordinance (Chapter 14.18 of.the municipal code). The City's standard tree protection.
measures shall be listed on the:plans,;,and,protective fencing shall be,installed around fhe :
trees to rexnain prior:to issuance of building permits. A report ascertaululg the good health
of these trees shall be provided prior to issuance of final occupancy.
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Resolution No.6746 EXC-2014-04 June 9,2014
14. COMPLIANCE WITH MITIGATION MONITORING AND REPORTING PROGRAM
M�M� �
The project shall be required to adhere to the mitigation measures identified in the
Mitigated Negative Declaration (EA-2014-03) and Mitigation Monitoring and Reporting
Program(MMRP) for the project.
15. GEOLOGY AND SOILS MITIGATION MEASURES
MM GEO-1: The Geotechnical Study has identified and provided recommendations for site
rupture potential under section 9.1 Location of Proposed Improvements. Those
recommendations will be followed in the construction of the project.
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 sectians. Those 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
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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. �
Resolution No.6746 EXC-2014-04 June_9,2014
-�: 16. AIR QLJALITY MITIGATION MEASURES �
� ` n/dl�d A�IZ-�: "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 frucks transporting soil, sand, or other loose rriaferial off-site sh�ll be covered.
� All visible xnud or dirt traek-out onto adjaeent public roads shall be rexnoved using`wet "
power vacuum street stiveepers at least once per day. Trie use of dry.power:sweeping is
'prohibited: ` ,
� All vehicle speeds on u.npaved roads shall be limited to 15 rnph:'
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" �� `All roadways; driveways, and sidewallcs to be paved shall be complefed as sooil as
possible. Building pads shall be laid as soon as possible after grading'uilless seeding or
;;soil binders`are used: � ,_ , , > �, �'
' � Idling ,times`shall`be minimized either by shuiting equiprnent off �v11en not in use or �I
`reducing tl-ie maximuzn idling-time to 5 minittes (as required by the Galiforriia airborne
toxics control measure Title 13,'Seetion 2485 of California Code of Regulafioiis`[CCR]).
�Clea""r signage shall be provided fo'r construction workers at all access;`:points. "
� All consfruction equipment sllall be maintained and properly izuled in accordance with
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manufacturer's specificafioris. All equiprrient�shall�be checked by a cerfified mechanic
and determv.led to be running in proper cond'ition priortto operation:� ' `
� Post a publicly visible sign with the telephone number and person to contact at the Lead �
:Agency regarding dust complaints.'Tliis pe'rson 'shall'respond and take corrective
action within 48 hours. T'he Air District's phone number shall also be visible to erisure
� compliarice with'applicable regulafions. `�
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17: BIOLOGICAL RESOTJRCES- -:: . '�. ; ;_.
�" ` l�l@/�'=�I���: For every protected tree "removed, plant replacemen,t trees, of a species and ',
" ,size;as designafed by the'approval'authority"and consistent with the replacexnent value of
� � � � =�' each�t-�ee re�oved. . , _ � � � � � � �� �
'; I�31�:�I�-1:
, � -A site plan shall be prepared describing the relationship of proposed grading a11d.:utility
`trenching tb the trees designated for preservation. Construction and grading.shoulel
not significantly raise or lower the ground�level beneath tree drip lines. If the.ground
level is proposed for modification beileath the drip line, fhe architect/arborist shall
address and mitigate the impact Eo the tree(s)., : _
� All�trees to be preserved oi1 the property-and all irees adjacent to the property shall be
protected agaulst damage during con.structiori`operations by constructing a four-foot-
high fence around the drip line, and armor;;as'need'ed. The extent of fencing `and
armoring shall`be deterrnined by the land'scape architect. The tree profection shall be
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placed before any excavation or grading,is begun'and shall be maintauled�u1 repair for
`the duration of the consfruction work: '
� `No construction operatioris'shall- be=carried on, witliin.'the drip line area of any tree
designated>to'be saved except`.as is aufihorized -by tlle 'Director of �Community �
Development.
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Resolution No.6746 EXC-2014-04 June 9,2014
■ If trenching is required to penetrate the protection barrier for the tree, the section of �
trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to
initiating any trenching within the barrier approval by staff with consultation of an
arborist shall be completed.
■ Trees which require any degree of fill around the natural grade shall be guarded by
recognized standards of tree protection and design of tree wells.
■ The area under the drip line of the tree shall be kept clean. No construction materials
nor chemical solvents shall be stored or dumped under a tree.
■ Fires for any reason shall not be made within fifty feet of any tree selected to remain
and shall be limited in size and 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 branches that must be
removed during the grading or construction. No branches or roots shall be cut unless
at first reviewed by the landscape architect/arborist with approval of staff.
■ Any damage to existing tree crowns or root systems shall be repaired immediately by
an approved tree surgeon.
■ No storage of construction materials or parking shall be permitted within the drip line
area of any tree designated to be saved.
18. 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.
19. 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. r�
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Resolution No.6746 EXG2014-04: June 9,2014'
• No individual device will produce a noise level inore than 87 dBA at a distance of
twe� five feet or the noise Ievel oxi an nearb ro er does not exceed 80 dBA.
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20. PRE-CONSTRIJCTION MEETING AlVD CONSTRTJCTION 1VIANAGElVIENT PLAI�T '
Prior to comxnencement of�construcfion activities, the`�applicant shall arrange for a pre-
construction nmeeting with the pertinent' departrnents (ineluding, buf �not limited to,
'°Bu'ilc3.ing, Plaiinuzg; Public Works, Santa Clar-"a Couinty Fire Deparinient) fo review an
ap�licant-prepared eonstruction'managerrient pl`ari including,butnot limited to:
' a. `Plan for coxnplianee wi�11 conditions of approval ` `
` b. Plan for public access during work u1 the public"right=of-way
` c." Construction�sta in area ' � ' , , ' ,
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d. 'Gonsfruction schedule and Ilours '
e. Construction phasing plan,if any
f. Contractor:parking area _
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g. Tree preservation/protection plan � ' ` ' ' " '" �
, h. ' Site dust,noise and storm run-off management pla�.i ,
: i, Emergency/,complaint and consiruction site manager-contacts
21: CONSTRUCTION I=IOiJRS �
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The applicant shall comply with fhe coilst`ruct�on'hours staridards described in section 10.48
`� of:the Cupertino Municipal Code.� The developer shall be responsible' for educating all
'`' coritractors and subcontractors of sai'd construct�on restrictions:` Rules and 'regulation
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`;" pertaituxig to aIT construction activities and liinitation's identified in this permif; aloiig with
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the name and telephone number of a developer appointed disturbarice coordinator, shall be
posted in a prominent location at the entrance to,the job site. . ' �
22:`.`DEMOLITION REQIJIREMENTS -
' AlI demolished building and sife materials sliall be recycled to the maxunum extent feasible
- subject to the Suilding Official. The applicant:shall provide evidence t�iaf materials were
recycled prior to issuance of final demolition;perxn:its. :
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23. CONSULTATION WITH OTHER DEPARTMENTS
' The applicant is"responsible to consult with other deparfriments and/or agencies'wifh regard
'to the proposed'project for additional conditions and requirements. Any misrepreseritation �
' of any subrniffed data may invalidate an approval'by the Commuinity Developmenf
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Department.
24: INDEMNIFICATION'
To the extent permitted by Iaw, the Applicant shall inden�ulify and hold 1-iarmless fhe City,
1tS CIL�7 COt1riC1�.; its officers, einplo.yees a�.zd agents (the "indexrulified parties.") froln and
a ainst.an, cla . - � ��:
; g ' y , irn,,action, or proceeding brought by a tivrd�pariy against the indemnified
parties'and the applicanf to attack, set aside, or void this ordinance or�`any permit or
approval authorized.hereby for the project, including (without limitafion) reiinbursing the
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Resolution No.6746 EXC-2014-04 June 9,2014
City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, �
in its sole discretion, elect to defend any such action with attorneys of its choice.
25. NOTICE OF FEES, DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Government Code
Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying
with all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. RETAINING WALL
Developer will be responsible for designing and installing a concrete retaining wall on the
downhill (east) side of Cordova Road along the property frontage, in accordance with City
Standards and as approved by the City 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) loading requirements. T'he
Developer shall provide to the City samples or depictions of the wall fa�ade for approval, �
prior to installation of the wall.
2. ASPHALT PAVEMENT ALONG PUBLIC STREET
Developer will be required to repair any damage to the asphalt pavement in the public
right of way caused by project's construction activities, as required by and to the
satisfaction of the City Engineer.
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.
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Resolution,No.6746 EXG-2014-04 jiane�9,2014'
6. PEDESTRIAN AND BICYCLE IlVIPROVEMENTS -� ' `
�� Develop,er shall provide pedestrian and bicycle related improvements.consistent with the
� Cupertino Sicycle Transportation Plan and the Pedestrian Transportation.Guidelines, and
� as approved by fhe City Engineer.
Z. STREET.LIGHTING INSTALLATION
Street lighting shall be installed;and shall be as approved by the City Engineer. Lighfing
fixtures shall be;positioned so as to preclude glare and other forms of visual interference to
adjoining:properties; and sllall.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 u1 acco�danee wifih
Chapter 16.08 of the Cupertino Municipal Code. 401,Certifications and 404 permits maybe
reguired.'Please contact Army Corp'of Engineers and/or Regional Water Quality Control
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` Board as"appropriate.
9.:: DRAINAGE. : - ,_
� Drainage shal;l be provided to the satisfacfion`of.the City Engineer: Hydrology`and pre-
and post-development hydraulic calculations rnust be provided to >indicate whether
` additiorial storm water control measures are to be constructed or renovated.' The storrri
� � clrain system xriay"include;: but�i�s not�liinited �to�,��;�subsurface"storage of peak'�storxnwater
� ' flows (as needed), bioretention basins, vegefated swaYes, arid'hydrodynamic separators to
": �reduce the amount of runoff'from the site'and improve wafer qualify. The 'storm drain
''.system shallbe designed to'detain water on=site(e:g.;via buried pipes,retention sys`fems or
�` other approved systems and improvements) as'necessary to avoid an increase of tl-ie ten
- `percerit flood water surface elevation to the'satisfaction of'the City Engineer.`'Any storm-
` water "overflows or surface sheehng 'should be directed away from neighboring private
properties'and to the public right of way as:much as reasonably possible.
1 ' . � , ;
'> 10: UNDERGROiJND UTILITIES � : ' . = ,:
Developer shall'coinply with the requirements of the iJnderground Utilities Ordinance No.
'331 `and �other related Ordiilances and� regizTatioris of flle City of Cupertinq, and shall
- coordinate with affected utilify providers for iiistallation of w-iderground utilify devices.
. ,
' Developer shall submi:t detailed plans sllowing utility underground provisions: Said pla�ls
shall be subject to prior approval of the affected Utility provider and the City Engineer..
11: IIVIP.ROVEMENT AGREEIVIENT`
The�project developer shall erit;er into a developrrierit agreement with the City'of Cupertino
providing'for paymenf of fees, including but nof Tunited to checking and i�zspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreemenf shall be executed prior to issuance of construction permits.
� Fees:
�}J a. Checking&Ins ection Fees: $Per cu'rrent fee schedule ($2,707 or 5%)
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Resolution No.6746 EXC-2014-04 June 9,2014
b. Grading Permit: $Per current fee schedule($2,542.00 or 6%) �
c.Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: *�'
f. Map Checking Fees: $Per current fee schedule ($8,213.00)
g. Park Fees: $Per current fee schedule ($9,000 per unit)
h. Street Tree $338 per tree to be installed by City
*'� Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100%of Off-site and On-site Improvements
Labor&Material Bond: 100%of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
12. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public �
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
13. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment shall
be placed away from the public right of way and site driveways to a location approved by
the Cupertino Planning Department, Santa Clara County Fire Department and the water
company.
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.
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Resolution No.6746 EXC=2014-04' June 9,2014
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, wh'ich encompasses
preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of constructiori Best
Management Practices (BMPs) to control storm water runoff quality, aild SMP inspection
and maintenance.
16. C.3 REQLTIIZEMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000
' S.F. or rnore of impervious surface (coIlectively ov`er fhe entire project site). The developer
shall reserve a minimu:xn of 4%of developable'surface area for the'placement of Iotiv iiripact _
developinent measures, for storm water treafinent, on the teritative map; uriless an
alternative storm water treatment plan, that:satisfies C.3 requirements, is approved by the
=City Engineer. , ' � : _
The developer;must include tYie use and maultenance of site design, source`control and
storm"water treatment Best Managernent Practices (B1VIP.$), which must be desigried`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`tlii.rd party'reviewer.
17. EROSION CONTROL PLAN �
Developer must provide an approved erosioiz coritrol plan by a Registered Civil Engineer:`
This`�pian should""include`all erosiori control'measures used to'retain materials on site. "
- ' Er`osion conirol'notes'shall be stated on''the plans: ' ` '
1$. WORK SCHEDULE
Every 6 monfhs, the developer sh�all,subrnit a work schedule to fihe Cify 'to show the`
, . ,, - .
` timetable`for all grading/erosion control work in conjusiction with tliis project. ;' `
_ 19,.�TRAFFIC SIGNS , :'
` Traffic control'signs sllall be placed at locations specified by the City. .
20: TRASH�ENCLOSURE
T11e trasli' enclosure plan must be designed to the satisfacfion.of ,fhe Envuonmental
Programs Manager. Clearance ,by the Public Works Deparfinent is needed prior to
obtaining a building permif. '
21. REFLJSE TRUCK ACCESS
DeVeloper must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
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Resolution No.6746 EXC-2014-04 June 9,2014
22. STREET TREES �
Street trees shall be planted withixi the Public Right of Way to the satisfaction of the City
Engineer and shall be of a type approved by the City in accordance with Ordinance No.
125.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
24. FIRE SAFETY DURING CONSTRUCTION
Developer shall at all times during construction have adequate access to water facilities
(temporary metered access to a fire hydrant, an onsite water tank, water truck, etc.) to aid
in immediate fire suppression.
25. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on private
property adjacent to the public right of way, and fire department connections must be
located within 100' of a Fire Hydrant).
26. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire �
Departxnent as needed.
27. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a building
permit approval.
28. DEDICATION OF WATERLINES
Developer shall dedicate to the City all water mains and appurtenances installed to City
Standards. The developer shall reach an agreement with San Jose Water Company for
water service to the subject development.
29. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water
from the underground basin or any underground strata in the Santa Clara Valley.
30. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
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Resolution No.6746 EXC-2014-04 June 9;2014,
3L I7TILITY EASEMENTS `
� Clearance appr�ovals`from the agencies wit11;easements on the property(including PG&E,
AT&T; and Water Company, and/or equivalent agencies) will be required prior to issuance
of building permits. ,
SEC'FION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE:
DEPARTMENT � :
, .. . .
1.' FIRE SPRINKLERS REQUIRED IN RESIDENCES AND,DETACHED W.ORKSPACES:.
. ;_ _ . ,,_
Wildland-Urban Interface: Tlvs'project is located witliiil the designated Wildland=Urban
Interface Fire `Area. The_building constructiori shall� corimply with.'the 'pr.ovisioils .of;
California Suilding Code (CBC) Chapter 7A. Note that vegetation clearance shall be in
coxnpliance with CBC Section 701A.3.2.4 prior to project final approval Check with the
' Planrii;,g Departmerif for related Landscape'.�Iari requirements. '
2. FIRE SPRINKLERS REQUIREID IN RESIDENCES AND DETACHED WORKSPACES
An autoinatic sprinkler sysfem shall be 'installed in one-and two-faiizily dwe]1i�:1gs
' (includirig detached workspaces) as follows:`In all new one-and two-fainily dwellings and
' in existing one= and two-family dwellings` when'additions are made thaf increase `the
building area to.more than 3,600 square feet:�xception: A one-time addition`to an�existing
,
�
` building that does not total inore �ia�.1 1,000 square feet of building area. 1V�'g'�: The
`` owner s ; .occu' ant s , and an; contractor s or subcontractor s are res onsible 'for
:.� � p, � � - ,.y � ) ;. . � � , p
� ; consulting with the water purveyor of record in order to determine if any modificafion or
;, upgrade. of; the existing water service is required. 1�T0'�E: Covered porches, patios,
balconies,' and �attic spaces may require,fire' sprinkler coverage; A State of California
licensed (C-16) Fire Protection.Contractor shall subxnit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior
to begnvling their work.Sections 903.2 as adopted°in Section 16-40 210 of the CMC:
� �
3. jNATER SIJPPLY REQLTIREMENTS
I'otable water supplies shall' be protected from containination caused by fire protection
; wafer supplies. It is .the responsibility of the applicant ana :ar,y,. contractors arid
subc.ontractors to contact,the water ,purveyor supplying the site of such proJect, and to
,- ' corn:ply,with the requirements of that purveyor. Such requirements shall be incorporated
; into;the design:of aily water-based fire protection system, and/or fire, suppressiori-:water
` supply..�systerns or storage containers�Izat may be physically connected.in any maruler:to ai1
appliance;capable of causing contamination of tlle potable water supply'of the purveyor of
record. Firial approval of fhe system(s) under consideration will not be graiited :by:this
°- office uiltil compliance with the requirements- of-the water purveyor of-.,record are
:` documented by;that purveyor as.having been rimet by the applicant(s). 2010 CFC Sec. 903.3.5
�`� and'Hea�lfh�and;.Safefy Code 13114.7. �
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Resolution No.6746 EXC-2014-04 June 9,2014
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.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. FEES AND PERMITS
Cupertino Sanitary District Fees and Permits shall be required 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 less than (1') foot above the rim of the nearest upstream
manhole (O.C. 4105). The backflow device will be inspected to verify existence and
serviceability by a District Inspector at the time of video inspection. District to provide
Building Departrnent with written notification upon completion of inspection (O.C. 5104).
3. PROPERTY LINE CLEANOUT �
Install new property line cleanout. Property line cleanout must be within 5 feet of the
property line. Cleanout shall be the same diameter as the street portion of the service
lateral. Gravity lateral is 4" diameter minimum (O.C.4101).
4. CONNECTION PERMIT
A Cupertino Sanitary District Connection Permit is required for the proposed
improvements (O.C. 8100)
5. LATERAL PERMIT
A Cupertino Sanitary District Lateral Permit is required for the proposed improvements
(O.C. 8300). Lateral Permit will only be issued to Licensed Underground Contractor
registered to work in the Cupertino Sanitary District. Instructions for Contractor's
registration can be found on the District's website under "Contractors." (O.C.5100).
6. SEWAGE PUMP
A sewage pump 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 the crawlspace or basement. Relocate pump outside of structure or within
light well or stairwell. The pump will be inspected by the City of Cupertino and verified by
a District Inspector.
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Resolution No.6746 EXG2014-04 June 9,2014
7. SANITARY SEWER MANHOLE
� Show fihe upstream sanitary sewer manhole with existing rim and invert elevation, main
and lateral on plans. Tlze street porfi.on of existing sanitary sewer lateral is to be extended
by perxnit from the DisErict to the new property Iine.
8. CLOSED-CIRCUIT VIDEO I
Closed-circuit video of the new property line cleanout; point of connection and District
Iateral is required prior to clearance for City of Cupertino Final Inspection. Owner to call
Districf at �east 4� hours prior to video inspection to schedule a District Inspector. District
to provide Building Department with written notification upon coinpletion of inspection
(�.C.5104).
PASSED AND ADOPTED� this 9th day of June, 2014, Regular Meeting of the Planning
Coinmission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Srophy,Vice Chair Lee, Sun, Gong,Takahashi
NQES: COMMISSIONERS:none
ASSTAIN: COMMISSIONERS:none '
AB5ENT: COMIVBSSIONERS:none I
� ATTEST: APPROVED:
,
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G ry � Paul Brophy, ir _
Assist.Direcfor of Community Development Plai�uzi�lg Co sio '
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