Reso 6753 : DP-2014-04
� CITY OF CUPERTINO ,,
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6753` I
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0F THE PLANNING GOMMISSION OF THE`CITY`OF CUPERTINO RECOiVIN!'ENDING APPROVAL
OF A DEVELOPIVlENT PERMIT TO ALLOW THE DEMOLITION 0F AN'EXISTING PARKING LOT
AND CONSTRUCT A 5-STORY, 148-ROOIVI HOTEL OF APPROXIMATELY 102,200,$QUARE FEET
THAT INCLUDES A RESTAURANT,BAR,LOUNGE,AND CONFERENCE ROOIVIS BUILT OVER A
;35,400 SQUARE FOOT UNDERGROL7ND PARKING GARAGE THAT CONTAINS TANDEIVI
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: PARKING,LOCATED AT 10380 PERINlETER ROAD
SECTION I: PROTECT DESCRIPTION -
Apl?lication'No`: DP-2014-04 ; � ; : -. ;
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Applicant: Edward Chan '
Properfy Owner: Cupertino Properfy Development II,LLC"
Locafion: ` '10380 Perimeter Road (APN 316-20-092)''
<-�, SECTION II: FINDINGS FOR A DEVELOPMENT PERMIT:
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WHEREAS, the PIa�.-uzulg Coininission of the City of Cupert-ino received an application for a
Development Perxnit as described in Section I. of this Resolution; and
WHEREAS,the Environmental Review Coininittee has recommended adoption of a Mifigated Negative
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Declarat�ori; and. _
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`VIWHEREAS,=fihe necessary public not-ices have been;given!as required by the Procedural Ordinarice of
the City.of Cupertino, and the Planning Comiizission has lield at least one public hearing in regard to
the application; arid
WHEREAS,the applicant has met the burden of proof required to support said application; and
WHEREAS,the Plaru-Lu1g Commission finds as follows.with regard to tiv;s application:
a) The proposed development, at the proposed location, will not be detrimental or injurious to
property or:improvexnents in the vicinity, and will not be detrimental to fhe public health, safefy;
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general welfare, or convenience;
Given that the project is consistent with the General P.lan,:Zoning Ordinance, Heart of the City Specific
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Plan, and South Va�llco Master Plan; has been designed to be compatible witli and respectful of,adjoining
land uses; and that relevant mitigation measures zvill be incorporated as part of the CEQA review process to
mitigate potential impacts to a less than significant level, the project will not be detri�nental oY injurious to
� property or improvements in the vicinity, and will riot�be.det`ritnental'to the public health, safety, general
` welfare, or convenience.
Resolution No.6573 DP-2014-04 August 26,2014
b) The proposed development will be located and conducted in a manner in accord with the �
Cupertino General Plan and the purpose of the City's zoning ordinances.
The project is consistent with all applicable aspects of the General Plan, Zoning Ordinance (aside from the
Parking Exception requested), Heart of the City Specific Plan, and South Vallco Master Plan. The South
Vallco Master Plan identifies the project site as a potential location for a hotel. In addition, the design is
consistent with General Policies that encourage development to activate streetscapes , provide high quality
architecture, and improve connectivity. The location, height, and massing of the buildings are compatible
with the adjacent and surrounding developments.
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exliibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-06) is hereby recommended for adoption;
and the application for a Development Permit, Application no. DP-2014-04 is hereby recommended for
approval and that the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record concerning Application no. DP-2014-04 as set forth
in the Minutes of Planning Commission Meeting of August 26, 2014, and are incorporated by reference as
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. �
Planning Division:
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received August 13, 2014 consisting of 47 sheets
labeled A-0.0 to A-0.3, C-1.0 to C-5.0, C-5.1, C-6.0, L-1 to L-5, A-1.0 to A-1.4, A2.0 to A-2.6, A-3.0 to A-
3.8, A-4.0 to A-4.2, A-5.0, A-6.0, A-6.1, E-0.1, and E-1.0 to E-1.2, entitled, "Hyatt House, Cupertino
California, Wolfe Road & Interstate 280," drawn by Gene Fong Associates, Sandis, Bruce Jett
Associates, and Emerald City Engineers, Inc.; except as may be amended by conditions in this
resolution.
2. ACCURACY OF PROjECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-06, U-2014-04, EXC-2014-07, TR-2014-28,
and TR-2014-40 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL �
The conditions of approval set forth shall be incorporated into and annotated on the first page of the
building plans.
Resoliition'No.'6573 DP-2014-04 August 26;'2014
� 5. RESTAURANT AND BAR OPEN EOR PUSLIC USE
Per Plaruii�.lg Coi7unission directiori,the restaurant and bar shall remain open to the public._ �
6. RELOCATION OF EXISTING FARMERS MARKET _ ` _
An additio'nai City approval is;`required 'if the developrnent of tl-us project requ'ires the relocation of
the existing weekly farmer's rnarket elsewhere within the City (currently approved under file no.
DIR-2011-30).
7. RELOCATION/MODIFICATION QF WIRELESS COMNJ.TJNIGATIONS�FACILITY
An additional City approval' is required if: fhe development of this- project requires'� the
relocation/modification of the existing wireless communications facility and associated equipment
enclosure elsewhere within the site or City(currently approved under file no. DIR-2001.-30).
8. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to allow the demolition of an existing parking.Iot'and-the
construction `of a five=story, 148-room extended stay :hotel that �includes° a '2;500. square .foot
.restaurant`and bar, lounge and`fitness area`s,.2;480 square'feet-of conference room area, and`other
` anci]lary uses as identified on the approved,p'lans built' over a 35,400`square foot underground
garage with taildem parking. ; ' ,
The Plaxuling Commission shall review amendments to the project considered major by the Director
of Commiu�ity Development. ,, -�, ' -
�� 9: D.EVELOPIVIENT ALLOCATIQN
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The applicant' shall receive an alloeation of 148 hotel roorns from the Vallco Park;South (or
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alternative) General PIan hotel allocation area.
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10: ALTTO PARKING,RATIO
` � The project auto parking supply.shall,be pro�ided at a min;mwn ratio of 0.81 stalls,per hotel room,
or 120 spaces,as approved under Parking Excepfion fiIe no. EXC-2014-07.
11. TRANSPORTATION DEMAND MEASURES (TDM� . . �. -. ;
. The Director of. Community Developxnent has, the ability to reqttire additional transportation
demand measures (T'DM) to address;any future parking concerns. Examples;of TDM,may include,
� but are not lnnited to: ~
a. Valet service _
b. Off-site parking
c. ; Carp;ool or va�.lpool services
d. Additional onsite parking
e. Transit improvements
f. Non-motorized unprovements
g. Shift peak-shared parking
h.; Guaranteed ride;home � ` ;
� i: Taxi:service
j Pricing
k.= Increased shuttle service �- �� � , - `
Resolution No.6573 DP-2014-04 August 26,2014
12. BICYCLE PARKING �
The applicant shall maintain a minimum of 9 Class II bicycle parking stalls.
13. ELECTRIC VEHICLE CHARGING SYSTEMS
The project shall comply with City Ordinance No. 14-2117 regarding electric vehicle charging
systems.
14. GREEN BUILDING
The project shall be constructed in accordance with the City's Green Building Ordinance (Chapter
16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an
alternative reference standard in accordance with the ordinance since the building size is over
50,000 square feet. T'hird party LEED certification or alternative reference standard is required per
the ordinance criteria.
15. PUBLIC ART
Public art shall be provided for the project in accordance with General Plan Policy 2-66 and the
City's Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). Per the ordinance,
the minimum expenditure for the artwork, including, but not limited to design, fabrication, and
installation is .25 percent of the total project budget, with an expenditure cap of$100,000. The project
pro forma shall be provided to the City to confirm the project budget.
The final public art plans (including location and design) shall be reviewed by the Fine Arts
Commission during the building permit stage, in advance of final occupancy. Once approved by the �
Fine Arts Commission, the public artwork shall be installed to the satisfaction of the City ri� or to
final occu�anc�
16. COMPLIANCE WITH MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
The project shall be required to adhere to the mitigation measures identified in the Mitigated
Negative Declaration (EA-2014-06) and Mitigation Monitoring and Reporting Program (MMRP) for
the project.
17. ROOFTOP WIRELESS COMMUNICATTONS FACILITIES
The applicant shall work with City staff to consider designing the project to accommodate future
rooftop wireless communications, given the building height and strategic location of the site. Design
features may include,but are not limited to:
a. Larger than required rooftop equipment screens.
b. Structural reinforcement of the roof to accept additional bearing loads.
c. Internalized telephone and power conduits to the roof since a retrofitted design often involves
cable chases on the building exteriors.
d. Reserve ground locations for base equipment enclosures/shelters.
18. RECIPROCAL ACCESS EASEMENTS
Prior to buildin,�permit issuance, the applicant shall record necessary reciprocal ingress and egress
easements between the adjoining properties to the south to run in perpetuity. The easements shall
contain a provision that it may not be modified without the prior express written approval of the �
City. The easement language shall be reviewed and approved by the City prior to recordation with
Resolution No:6573 DP-2014-04 August 26,2014
� the County Recorder's Offiee: A financial deposit will be required'for. the City Attorney's Office ;
review time.
19. CONNECTING PATHWAY CONSTRUCTION AND PLTBLIC�ACCES5 EASEMENT '
The pathway connection on the west side of the property to the future trail along the south side of I-
280 shall_be construcfed to'the satisfaction of the Ci rior.to�final occu anc, . In addition; rip or fo
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bu����erxnit issuance, an easement shall be recorded.on the property allowiing public,access on '
the property to utilize the trail connection in perpetuity per General Plan Policy 2-73, Strategy 3.
The easement language shall be reviewed and approved Uy the City prior to reeordation with the �'
County Recorder's Office:A financial deposit.yvill�be required for the'City Attorney's Office review
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20. TRAIL STUDY AND CONSTRUCTION CONTIZIBUTION ; �'
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Prior.to:.issuance of building �ermits or prior to final occu�anc��as-determined bv the Cit-�;�, the
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apphcant ...shall contribute approximately. $66,000 to .;adinu-iister necessary approvals_.and
improvements for a trail plan along an existing.Santa Clara Valley Water ;District culvert,on the
south side of I-280. If this fund is not used withu� five years of fhe project completion,then it s11a11 be
reiurned to the applicant.
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21.,HOUSING MITIGATION FEES
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The applicant shall;participate in the City's Belo.w Market IRate (BMR) Housing 1?rogram by paying
� the housing mitigation fees prior to issuance of building :�ermits as per the Housing Mitigation
Manual. The estimated mitigation fee for this pr.oject is �613,200.00 based on the 2014-2015 fiscal
year rate of$6.00 per square foot of new hotel area.
� 22. SCHOOL IMPACT:FEES�� ��� � . �� ,� . � � � �
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,; � The applicant shall pay fhe applicable school impact.fees assessed by the schooL.districts . ri� or fo
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; issuance'of buildin��ermits.
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23. BICYCLE PARKING _. ;: -
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" T11e applicant shall provide Class II bicycle parking based on a m;,,;mum of five percenf of,the
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required auto parking in accordance with'the City's'Parking Regulations under Chapter 19.124 of
the Cupertino Municipal Code.
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24. SIGN.PROGRAM
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` Signage�is not approved witli this application. A separate sign program application for the hotel and
ancillary tenants is required to submitted to the City and approved�rior to final occiz�anc�.
25. TRASH AND DELNERY ACTIVITIES
A detailed refuse and fruck delivery plan shall be prepared by the applicant. The plan shall include,
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but not be lixnited to the following: _ _ _
a. ` Location�arid design of trash facilities (i.e. frash.enclosures and receptacles)."Trash enclosures
"`shall;provide aiilple space to include trasll, recycling, food wasfe, and waste receptacles aTong
� 'with a tallow�biri. _
`� b. `;Quantity of trash receptacles. �
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c. `Primary and alternative truck routes. ' `
Resolution No.6573 DP-2014-04 August 26,2014
d. Signage for parking stalls displaced during pick-up and delivery hours. �
e. Trash pick-up schedule.
f. Loading areas (with signage/markings restricting parking in these areas during loading times).
g. Delivery hours.
All trash facilities must be screened and enclosed to the satisfaction of the Public Works
Department. The final plan shall be submitted to the City and the City's refuse service for review
and approval prior to issuance of building permits or final occupanc�, as determined by the City.
26. 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.
27. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a detailed utility
plan to demonstrate screening or undergrounding of all new utility structures [including, but not
limited to backflow preventers (BFP), fire department connections (FDC), post-indicator valves
(PIV), and gas meters] to the satisfaction of the Director of Community Development, Public Works, y'�
Fire Department, and applicable utility agencies.
28. ROOFTOP EQUIPMENT AND OTHER ABOVE-GROUND EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they are not
visible from public street areas or adjoining developments. The height of the screening shall be
taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan
may be required to demonstrate that the equipment will not be visible from any public right-of-way.
The location of the equipment and necessary screening shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
29. SITE LIGHTING
All new lighting must conform to the standards in the City's Parking Ordinance, and the final
lighting plan (including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance. Prior to final occu�anc�, a
licensed lighting consultant shall confirm that the lighting is in compliance with the City's
standards.
30. CITY ARBORIST REVIEW OF PLANS, TREE PROTECTION, AND VERIFICATION OF NEW TREES
The existing trees to remain shall be protected during construction per the City's Protected Tree
Ordinance (Chapter 14.18 of the municipal code) and City's Consulting Arborist report dated July
24, 2014. MM BIO-1: The applicant shall comply with Section 6.0, General Protection Measures, of �
the arborist Report. The recommendations in this section serve as general design guidelines to help
mitigate or avoid impacts to trees being retained. These measures are subject to revision upon
Resoliitiori No:6573 DP-2014-04 Attgizst 26,2014 '
�� ' reViewirig the updated project design;and fihe Arborist shall be consulted in the event any cannot be
� feasibly implemented. `'
Prior to grading or buildin� permit issuance, the City's consulting arborist shall be retauzed by the
developer to.review all construction permit drawings and in order to more.accurately assess the
impacts to the neighboring trees. The developer shall implement any additional recommendations
and tree protection.measures by the City's;consultiilg arborist. ;
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'` ` The tree protection``measures`shall be.listed on the plans, and protective fencing sfiall be shown
�� arourid �the trees to��remain prior to�issuance of buildin� permits. A �report��ascertaining the good
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health of these trees shall be provided prior to zssuance of final occupanc�.
Additionally, �rior to final occupanc�, the City's consulting arborist shall be retauled to inspect the
` new tree plantings` fo ensure that they were planted properly and according to tlie, approved
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plantiiig:plan.`� � :; ; , , , - ,,;: -
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31. TREE PROTECTION SOND/DEPOSIT ' `
Prior�.to 6ia.ildin ermit issuance, the a l�cant sha�ll rovide a tree �rotection bond or de osit in an
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` axnount deterrnined by fhe City to ensure protection`of�trees slafed for preservation. 'Tlie bond or
deposit shall be returned after cornpletion of coilstruction, subject to`a Ietter�from the City Arborist
indicating the trees are in good health.
� 32 LA�NDSCAPE PRbTECT SUBMiTTAL `
Prior to issuanee of building �ermits, the�:applicant s11all siibmit a fuli landscape`-project subiiiittal
'' ` per 'section 1�4.15:040` of fhe' Landscaping Ordinance.� `The Wafer-Efficient D"esign" Checklist
' A endix A of Cha ter 14.15 , Landsca� e arid I�ri ation Desi Plans and Water Bud et
(� .1'P ��: .�:�. � p� ) p � g ��� � � g -�
- Calculations�shall be reviewed and approved to the satisfacfion of'the`Director of Corrminunify
� Development prior to issuance ofbuilding_permits. � �
33. I.ANDSCAPE:INSTALLATION'REPORT < _
A landseape installation audit shall be conducted by a certified landscape;professional. after;the
landscaping and irrigation system have been installed'and�rior to final occupanc�. The`fuldings'of
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` the assessment shall be consolidated"into a iandseape installation report. ��
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The landsca e installafion re ort shall include, but is not hmited to: inspection to confirm that the
landscaping and irrigation system are installed as specified in the landscape and irrigation design
` plan,:system tiule-up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow,..and preparation of an irrigation schedule. ` ,
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; The,.,landscape. iristallation report shall ulclude the following statement:;"The .landscape.and
'> irrigation system have been installed as::specified in fhe;landseape and�irrigation;design plan and
complies',with the criteria of the ordinance:and the per.mit.": :
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34. LANDSCAPE AND IRRIGATION MAINTENANCE , , ,
� A maintenance schedule shall be. established and submitted to the Director of Cornmwzify
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;,. Development or his/her designee, either with the landscape application package, with the landscape
installation report,�rior to issuance of final occu�aric�, or any time before the landscape installation
report is submitted�rior to issuance of building�erxnits.
Resolution No.6573 DP-2014-04 August 26,2014
a) Schedules should take into account water requirements for the plant establishment period and �
water requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure
testing, adjustment and repair of the irrigation system; aerating and de-thatching turf areas;
replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and
removing obstructions to emission devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-
adjusted as appropriate for the stage of growth of the overall installation. Failing plants shall
either be replaced or be revived through appropriate adjustments in water, nutrients, pest
control or other factors as recommended by a landscaping professional.
35. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture, infiltration
rate, pH, soluble salt content, percent organic matter, etc) and provide recommendations for
amendments as appropriate to optimize the productivity and water efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape and
irrigation design plans in a timely manner either before or during the design process. A co�,y of the
soils analysis re�ort shall be submitted to the Director of Communit�Develo�ment as �art of the
landsca�e documentation�acka�e.
36. GEOTECHNICAL REPORT
MM GEO-1: The applicant shall prepare and submit geotechnical reports prior to the issuance of a
buildin,�permit. A geotechnical engineer shall sign the improvement plans and approve them as �
conforming to their recommendations prior to construction. The Project geotechnical engineer shall
provide geotechnical observation during the construction, which will allow the geotechnical
engineer to compare the actual with the anticipated soil conditions and to check that the contractors'
work conforxns to the geotechnical aspects of the plans and specifications. The geotechnical
engineer will prepare letters and as-built documents, to be submitted to the City, to document their
observances during construction and to document that the work performed is in accordance with
the Project plans and specifications.
37. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS
MM NOISE-1: Prior to the issuance of building permits, the project applicant shall submit an
acoustic study to the satisfaction of the City's Community Development Director to demonstrate
that all hotel rooms meet an interior noise level due to exterior noise of 45 dBA CNEL, consistent
with State and local noise standards. The study shall be based on precise grading and architectural
plans including specific construction method details and materials to calculate the necessary exterior
to interior noise reduction of approximately 30 dBA to achieve 45 dBA CNEL. The precise exterior to
interior reduction would be determined in the acoustical study when precise grading plans with
building elevations, footprints and architectural plans are available. The applicant will be required
to incorporate into the Project design all required noise insulation features and techniques necessary
to reduce interior noise levels to achieve the interior noise standard. To achieve the required interior
noise levels, features such as upgraded exterior wall and roof assemblies, upgraded windows, and �
exterior doors may be required. In addition, a "windows closed" condition will be required with
minimum supply of fresh air per UBC requirements.
Resolu'tion No.6573 DP-2014-04 Aiagust 26,2014 .
� 38. CONTRUCTION NOISE MITIGATION MEASURES ,:
The followin g construction noise miti gation measures shall be taken in order to reduce noise event
iYnpaets to nearby receptor areas:
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a. Avoid the unnecessary idling of equipment and stage construction equipmenf as far as
reasonable from residences;adjacent to.the site. : '
b. Prepare a detaiTed construction plan�-iderififying the schedule for major noise-generating
construction activities.
c. Notify adjacerit residenfs to the project`site of'the construction sclzedule. �
d: . Locate stationary noise generating equipment sucli 'as air coinpressors or 'portable" power
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generators.as far as possible from sensitive receptors. ` '
e. '``Constru:ct temporary noise barriers fo screeri�stationary noise'generating equipment when �
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locafed nea'r adJoining sensitive laiid uses'. ' = ` ` `' '' I
f. `IItilize"quiet" air coinpressors'and otller stationary noise sources where teclinoiogy'exists.
g. ` Control noise�from'construction workers' raciio`s to a point that tliey are not audible at exisfuzg
residences bordering the projecf site:�� ' ' ` "� `
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h. Designate `a "noise disturbance coordinator'= 'who'would be responsible for respondii`ig to a�.1y
' ' local complaints about construction'noise:° The disturbaiice coordinator would defermine the
cause of tl-ie noise complaints (e.g., startuig foo early,'bad muffler;�'etc.)'and would require tllat
reasonable measures warranted to correcf the problem be iinpTemente ''
� d. Corispicuously post a
' telephone;number for the disfizrbance coordinator';at the construction'site and'include it in:the
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(�, � notice sent'to neighbors regardi.ng the constructiori schedule. -
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39. P�RE-CONSTIZUCTION;MEETING AND CONSTRUCTION 1VIANAGEMENT PLAN . : ::�
` Prior fo eommencemerit of construction activities;:the applicant shall arrange�for a.pre-construction
meeting.with the pertinent departrnents (including; but not limited.to; Building,�Planning, Public ,
: Works; �Santa Clara Gounty Fire Departrnent) .to review an applicant-prepaxed construction
management plan including,but not limited to:
a. ;Plan'for compliance with conditions of approval �
; `b. Plan for public access duruzg work in the public right-of=way ` - - � '
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` c: 'Construction staging`area � : : : '
d: Constructiori schedule and hours
� e: Construction pllasing plan, if any � ��
f. Corit-ractor parking area , ; ; ;
g. ;Tree�.pres`ervatiori/protection plan` , ,
h. Site'dust,noise and storm run-off management plan '
i. Emergency/complainf and consfruction site mailager contacts J
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� 40. CONSTRUCTION HQURS -
Construction activities shall be limited.to Monday through Friday, 7 a.m. to 8 p.m.aild Saturday and
-, ;Sianday, 9 a.m.;to 6 p.m. Construction,activities_are not allowed on holidays.`'I'he;_deVeloper shall be
responsible.for educating all contractors and subcontractors of said constructioil restrictions. Rules
� and regulation pertaining to all construction activities and liinitations identi.fied in this permit; along '
with the,name'and;'telephone number of_a.developer appointed disfurb'ance coordinafor, shall be
posted in a prominent location:at the entrance to the job site::'
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Resolution No.6573 DP-2014-04 August 26,2014
41. DEMOLITION REOUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible subject �
to the Building Official. The applicant shall provide evidence that materials were recycled prior to
issuance of final demolition permits.
42. HAZARDOUS MATERIAL MITIGATION DURING DEMOLITION
The following requirements shall apply for the demolition phase of the project:
a. In conformance with state and local laws, a visual inspection/pre-demolition survey, and
possible sampling, shall be conducted prior to the demolition of on-site buildings to determine
the presence of lead-based paint and/or asbestos-containing materials.
b. During demolition activities, all building materials containing lead-based paint shall be removed
in accordance with Cal/OSHA Lead in Construction Standard,Title 8, California Code
Regulations 1532.1, including employee training, employee air monitoring, and dust control.
Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that
meet acceptance criteria for the waste being disposed.
c. All potentially friable ACMs shall be removed in accordance with NESHAP guidelines prior to
building demolition or renovation that may disturb the materials. All demolition activities will
be undertaken in accordance with Cal/OSHA standards contained in Title 8 of the CCR, Section
1529, to protect workers from exposure to asbestos.
d. A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs
identified in the asbestos survey performed for the site in accordance with the standards stated �
above.
e. Materials containing more than one percent(1%) asbestos are also subject to BAAQMD
regulations. Removal of materials containing more than one percent(1%) asbestos shall be
completed in accordance with BAAQMD requirements.
f. The project, with the implementation of the above standard project conditions, would not result
in significant impacts from lead-based paint and ACMs.
43. DUST/PARTICULATE MATTER CONTROL
MM AQ-1: The Project's construction contractor shall comply with the following BAAQMD Best
Management Practices for reducing construction emissions of coarse particulate matter (PM�o) and
fine particulate matter(PMz.$):
a. Water all active construction areas at least twice daily, or as often as needed to control dust
emissions. Watering should be sufficient to prevent airborne dust from leaving the site.
Increased watering frequency may be necessary whenever wind speeds exceed 15 miles per
hour(mph). Reclaimed water should be used whenever possible.
b. Pave, apply water twice daily or as often as necessary to control dust, or apply (non-toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.
c. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least two feet of freeboard (i.e. the minimum required space between the top of the load and the
top of the trailer).
d. Sweep daily (with water sweepers using reclaimed water if possible), or as often as needed, all �
paved access roads,parking areas and staging areas at the construction site to control dust.
e. Sweep public streets daily(with water sweepers using reclaimed water if possible) in the
vicinity of the Project site, or as often as needed, to keep streets free of visible soil material.
Resoliition No:6573 DP-2014-04'' August 26;2014
� f. Hydroseed or apply non-toxic soil stabilizers fo inactive construction areas. '
g:` .Enclose, cover,water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt,
sand, etc).
h.:'Limit vehicle traffic speeds on unpaved roads to 15 rnph.
i. Replant vegetation in disturbed areas as quickly as possible. `
j. Install sandbags or other erosion control xneasures to prevent silt runoff from'publicroadways.
�
44. IVIITIGATION OF CONSTRUCTION-RELATED.-WAT-,ER CQUALITY IMPACTS '
In conformance with fhe City of .Cupertlno's; Muriicipal; Code Chapter-,,9,18, ,.the project shall
_
implernenf the following standard measure to reduce construction-related water.quality impacts to a
less fihan sigivficant level:
• The project shall implement construction BMPs to avoid impacts to surface water quality during
construction, to the satisfaction of the Director of Public Works. Construction BMPs would
,include,but would not be lirnited to,the following measures: -
. : . � , _ �
— Preclude non-stormwater discharges,to the stormwater system. !,
— Incorporate effective, site-specific Best Management: Practices for erosion and sediment '
control during the construction period.
— Cover soil, equipxnent, and supplies fhat could contribute to non-visible pollution prior to
rainfall events or monitor runoff. ,
— . Perform monitoring of discharges to the,stormwater system.
,
� 45. MITIGATION.OF POST-CONSTRUCTION WATBR OLTALITY IMPACTS
In 'conformance with the City of Cupertino's Municipal Code Chapter 9,18, the project shall
._. , . . . , , ,,, ;
implement the following standard measures 'to reduce posf=consiruction water qizality irn.pacts to a
Iess than significant level: `
• The project shall comply with Provision C:3 of NPDES Rermit Ntunber CAS612008, which
provides' enhanced performanee staridards for tlie management of storm'wate'r for new
development.
Prior to issuance of building and grading permits, each phase of de�elopmerit slzall include
provision for post-construction structural controls in the project design in compliance;with the
, ,.<
'NPDES C.3 perm'it provisions, and shall include BMPs for reducing contaiizulation,in storm
,
� 'water rianoff as permanent feat-ures of the project. TIZe project includes the ulcorporation of
vegetated swales, rain gardens, and flow-thrbugh planters to treaf and reduce� the amount of
runoff from the site.
; . , , .. ; , -
' The specific S1VIPs to be used'in each phase of development shall be deterinined based on design
and site-specific considerations and will Ue determined prior to issuance of builcling and grading
" permits.
• ;To proteat groundwater from pollutant loadulg 'of urban runoff, �BIVIPs wlii.eh' are primarily
infiltration' deviees (sucll as irifiltrafi:on frenches and' infiltration basins) xnust meet, at a
C� minimwn;`the following conditions: , � �
`— �I'ollution prevention and source control BIVIPs shall be implernented to protect groiuldwater;
� — Use of infiltration BMPs cannot cause or contribute fo.'degradation of groundwater; '
Resolution No.6573 DP-2014-04 August 26,2014
— Infiltration BMPs must be adequately maintained;
— Vertical distance from the base of any infiltration device to the seasonal high groundwater �
mark must be at least 10 feet. In areas of highly porous soils and/or high groundwater table,
BMPs shall be subject to a higher level of analysis (considering potential for pollutants such
as on-site chemical use, level of pretreatment, similar factors);
— Unless storm water is first treated by non-infiltration means, infiltration devices shall not be
recommended for areas of industrial or light industrial activity; areas subject to high
vehicular traffic (25,000 or greater average daily traffic trips on main roadway or 15,000 or
more average daily traffic trips on any intersecting roadway); automotive repair shops; car
washes; fleet storage areas (bus, truck, etc.); nurseries; and other land uses and activities
considered by the City as high threats to water quality; and
— Infiltration devices shall be located a minimum of 100 feet horizontally from any water
supply wells.
• Best Management Practices (BMPs) shall be selected and designed to the satisfaction of the
Director of Public Works in accordance with the requirements contained in the most recent
versions of the following documents:
— City of Cupertino Post-Construction BMP Section Matrix;
— SCVLJRPPP "Guidance for Implementing Storm water Regulations for New and
Redevelopment Projects;"
— NPDES Municipal Storm water Discharge Permit issued to the City of Cupertino by the
California Regional Water Quality Control Board, San Francisco Bay Region; �
— California BMP Handbooks;
— Bay Area Stormwater Management Agencies Association (BASMAA) "Start at the Source"
Design Guidance Manual;
— BASMAA "Using Site Design Standards to Meet Development Standards for Storm water
Quality—A Companion Document to Start at the Source;" and
— City of Cupertino Plannulg Procedures Performance Standard.
• To maintain effectiveness, all storm water treatment facilities shall include long-term
maintenance programs.
• The applicant, the project arborist and landscape architect, shall work with the City and the
SCVtJRI'PP to select pest resistant plants to minimize pesticide use, as appropriate, and the plant
selection will be reflected in the landscape plans.
46. CULTURAL/PALEONTOLOGICAL RESOURCES DISCOVERIES DURING CONSTRUCTION
MM CUL-1: If historic/prehistoric artifacts or human remains are discovered during ground
disturbing activities, the following measures will be implemented:
a. In compliance with State law (Section 7050.5 of the Health and Safety Code and Section 5097.94
of the Public Resources Code), in the event human remains are encountered during grading and
construction, all work within 50 feet of the find will stop and the Santa Clara County Coroner's
office will be notified. If the remains are determined to be Native American, the Coroner would �
notify the Native American Heritage Commission to identify the "Most Likely Descendant"
(MLD). The City of Cupertino, in consultation with the MLD, would then prepare a plan for
treatment, study, and re-internment of the remains.
Resolution No.6573 DP-2014-04' : August 26;2014
� b. In compliance with State'law (Section 7050.5�of �tYie Health and Safety Code and Section 5097:94
of the Public Resources Code),in the event that histo`rical artifacts are found, all work withiii 50
feet of the find will stop and a qualified archaeologist wi]I'exainule the find. All'signifieanf
` artifacts and samples recovered during constructiori would be cataloged and curated� by a
= qualified archaeologist and placed in an appropriate'curation'facility. The'archaeologist must
then submit a plan for evaluatiori of the resource to the City 'of Cupertino for approval. `If the
` evaluation' of the resource` concludes `that the found 'resource is eligible for the`: California
Register of Hisforic Resources; a initigation plan inizst be submitted'to the City of Cupertirio tor
' approval. The iYiitigation plan must be:conmplefed before earflixnoving or'construction ac�ivities
'` can recommence within the designated resource area.
c. l�ll� ��J�-2: If paleontological remains are uncovered; work at the place of discovery shall be
, , ,
halted iminediately until a qualified archaeologist can evaluate the finds and determine the
significance`of the resource. Consiruction aetivities shall not recoinmenee until the;;expert�has
issued an opinion;about the resource and.appropriate initigation has been determined. �
�.; . :
47. CONSULTATION WITH OTHER DEPARTMENTS ,; ,,
The applicant is,responsible to consult with oi:her departments and/or agencies with regard�to the
proposed project for additional conditions and requirements. Any inisrepresentation. of" any,
submitted data may invalidate an approval'by the Cornmuruty:Development Department. � ':
48. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indenlnify and hold harmless the City, its City
� Council, its officers,,ern 10 ees and:a ents,(the "inde�ulified :ar�ies" from and a ainst an. ;claim,
: . : : P Y g p ) g Y.
action, or proceeding brought by a tliird party against the indeiru.zified,parties and.the applicant fo
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without Iimitation) reimbursing the Cify its actual attorneys' fees:.and costs incurred iri
� .. ,
defense 'of the lifigation: The City xnay, ui'its sole discrefion, elect to defeild any such 'act�on`with
attorneys of ifs choice.
49. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER'EXACTIONS ' ° ` `
The Coriditions: of Project Approval set forth herein� may include certain: fees, dedieation
requirernents,reservation'requirements, and ot�ier exac�ions: Pursuant to Government Code Secfion
66020(d) (1), these'Conditions consfifute written notice of a statement of the amount.of such:fees,
aild 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, dedicafions;
�es'ervations; arid otlier exactions,pu'rsuant to Government Code Sectiori 66020(a), has begun. If you
fail' to file a protest within'tliis 90-day period complying with all of the requirements of Secfion
66020,you will be legally barred from later challenging such exactions.
�AYYdlfllg D1VflS1011:
5D. INFORNIATION TO PROVIDE ON CONSTRUCTION PERMIT PLANS
The applicant�shall submit construction drawings to t11e Cify�for review; ulcluding, but not limited
: . ... �; � �
� ' to the following information on the construcfiori"permit plans: ' _
a. Indicate a clear(with a bold arrow`line) accessible�pa�Yi'of travel#o the Wolfe Road sidewallc`from
the main entrance.
b. Electrical room doors shall open towards the egress direction and shall have panic hardware.
Resolution No.6573 DP-2014-04 August 26,2014
SECTTON IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT �
1. CONTRIBUTION TO WOLFE ROAD CORRIDOR IMPROVEMENT PROJECT
The property owner of the project site will be required to provide a financial contribution to the
Wolfe Road Corridor Improvement Project when the project is established by the City. The
contribution will be based on the project's fair-share portion of the improvements as established by
the Wolfe Road Corridor Study, which will be conducted subsequent to the adoption of the City's
2040 General Plan. The project study area will encompass the portion of Wolfe Road between Vallco
Parkway and Homestead Road. The scope of the improvements will be based on findings from the
Wolfe Road Corridor Study and may include widening of Wolfe Road, Wolfe Road bridge and
modifications to the Wolfe Road/Highway 280 interchange. The financial contribution may require
forxnation of a Wolfe Road Corridor Assessment District or other mechanism.
2. ACCESSIBLE PATH OF TRAVEL
Developer shall demonstrate that the site has an accessible path of travel to Wolfe Road. If an
accessible path of travel cannot be demonstrated, the developer will be responsible for constructing
improvements to provide an accessible path.
3. CROSSWALK TO VALLCO SHOPPING MALL
Developer shall provide a crosswalk across Perimeter Road to the Vallco Shopping Mall to the
satisfaction of the City Engineer.
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.
Resolution No.6573 DP-2014-04 August 26,2014 ,
� 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
riof ]ixni.ted fo, subsurface storage `of peak' stormwater flows (as needed), bio'retention' basins,
vegetated swales, and hydrodynamic separators to reduce fhe amount of runoff from'the site and
iinprove water quality. The�storm drairi systeni'shall`be designed to'detain water on-sife (e.g.,'via
buried pipes;�eterifion systems or other approved`systeriis and unprove'ments) as necessary t'o avoid
an increase of'tlie ten percent`flood water surface elevation to fhe satisfacfion of the City Engineer.
Any, storm water overflows o"r surface sheeting'should "be directed away from nei:ghboring private
properties and to the public right of way as mueh as'reasonably possible: `' " , '
10. UNDERGROUND UTILITIES
' Developer shal.l comply with the requirements of t�ie Underground Utilities Ordinance No. 331 and '��
ofher related Or`dinances a�.1d'regulations of`�the� City of Cupertino;' and shaTl coordinate with �
_ . .
affecfed'utility providers for install`atioiz of uiidergroiuld utility devices. Developer shall submit I�
detailed plans showing utility unde�ground provisions. Said plans s11all.be subject to prior approval
_
_
the affected Utility provider and the City Engineer.
0
,:. ;.
, ,;. : _
1'1: 'BICYCLE PARKING . : ,
Develaper shall provide bicycle parking consistent with the City's requirements to the safisfaction of
the City Engineer.
� � . ' `'
12. IlVIPROVEIVIENT AGREElVIENT
' ��The project develope"r� shall� enter into a developmerit agreement with fhe City of �Cizpertino
� providing for payment of fees, iricluding but no't limited to-checking' and insp�ection fees, storm
drain'fees, park dedication fees and'fees for ia.nd'er grounding ot utilities. Said��agreerrient shall be
� executed prior to issuance of construetion permits ,
,. , , „
,_. Fees: . ;; , .
` a:Checking&;inspection Fees: $Per currentfee schedule ($4;183.00 or 6%)
' `" b`.:Gradirig Perniit: ° `$Per current fee schedule ($2,435.00'or 6%) ' '`
' c.Development Maintenance Deposifi: $1,0'00.00
d. Storm Drainage Fee: ` ' $ 17,021.44+J-
- e. Power Cost: '��
•;.f° . _ , _
f.1VIap Checking Fees: $Per current fee schedule(N/A) �
: g. P�ark Fees: ` $Per current fee schedule (N/A)
h. Street Tree ,, By Developer ;
�'�' Based on the latest effective PG&E rate schedule approved by the PUC
Sonds:
, , ; , , ,
�Faithful Performance Bond: 100%of Off-site and On-site Improvements
Labor&IVIaterial Bond: 100%of Off-sife and On-site Improvements
� On-site Grading Bond: 115% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by the City
Council. However, the fees unposed herein may be modified at the time of recordation of a final
Resolution No.6573 DP-2014-04 August 26,2014
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.
13. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in underground
vaults. T'he 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.
14. 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.
15. 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.
16. 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.
17. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or
more of impervious surface (collectively over the entire project site). The developer shall reserve a
minimum of 4% of developable surface area for the placement of low impact development
measures, for storm water treatment, on the tentative map, unless an alternative storm water
treatment plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and storm water
treatment Best Management Practices (BMPs), which must be designed per approved numeric
sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement,
Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing
operation and maintenance of treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City approved third
party reviewer.
�
Resolution No:6573 DP-2014-04 August 26,2014 �
� 18. EROSIbN CONTROL PLAN ; : ,
Developer shall 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. -
19. 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 corijunction with this pro�ect.
20. OI'ERATIONS&MAINTENANCE AGREEMENT
Developer shall'enter into an;Operations & 1VIaintenance :Agreement witli:the City :prior:to final
occupancy. The Agreernent shall ulclude the operation_ and maintenance for non-standard
appurtenances in the public road right-of-way tllat inay include, but is not limited to, sidewa]Ic;
pavers; and street lights: ': � ' '
_ . ;
21...TRAFFIC CONTROL P:LAN � `�
The developer must subxnit a_traffic control plan by a Registered Traffie Engineer to be approved by
the City. The plan shall include a temporary fraffic confrol:plan for work in the right of way as yvell
as a routing plan for all vehicles used during consfruction. All traffic control signs must be reviewed
and approved by tlie City prior to coinmencement of'work. The City has adopted 1VIarival oi1
Uxiiform Traffic Coxitrol Devices (MLTTCD) standards'for all signage and stripirig work'througllout
_ the Cify.
� 22. TRAFFIC SIGNS :
° Traffic'control'signs'shall be placed af�locat'ions specified by the City. ' -
23: FLJLL TRASH CAP'TLJRE SYSTEM - <; : `
'.-. The�.developer,will be responsible�for insfialling._a:full_'trash capture system/device to.eaptur.e trash
from the onsite storm drain before the storm water reaches:the City;owned storm;drain:"system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design freatment capacity of not less thari the peak flow rate Q
resulting from''a one-year,` one-hour storm in�'tl'ie sub-drainage ar`ea (see `the Muili:cipal Regi.onal
Permit sectiori C.10'for further information/requirements): `
24. TRASI-I RECYCLING AND COMPOST RECEPTACLES
., _.. _ .
Tl.ie developer or busuless owner is required to install public bins (� 30 gal) side-by-sid'e for trash;
recyclirig; and compostuig,`adjacent to the development or business to controlpedestrian litter at the
site. The type and location of the receptacles are subject to the approval of the Environinental
Programs Manager (CMC 9.18.210 P).
25. TRASI=I,RECYCLING,AND'COIVIPOST ENCLOSURES �
Trash enclosure plans must be designed in accordance with the' City.'s' Guidelines for Non-
Residential Building Trash and Recycling Enclosure, and to the satisfaction of the Enviroi�uneilfal
Programs Manager. Modifications to existing fac�Iities shall, to the maximum exfent possible; meet
� ` tlle'City's guidelines.and shall be subject to the approval of the Public Works Director. Clearance by
tlle Public Works Department is needed prior to obtai=ning a building permit(CMC 9.18.210 H&K).
Resolution No.6573 DP-2014-04 August 26,2014
26. REFUSE TRUCK ACCESS
Developer shall obtain clearance from the Environmental Programs Manager in regards to refuse �
truck access to the proposed development and trash, recycling, and compost enclosures. Plans for
access must be reviewed and approved by the City's franchised refuse collector.
27. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
28. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
29. 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).
30. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
31. STREAMSIDE PERMIT `�
Prior to issuance of a building permit, the developer shall provide plans and information that
satisfies the requirements of the Stream Side Permit as set forth by the Santa Clara Valley Water
Resources Protection Collaborative. These items include,but are not limited to, topographic survey,
specific measures to protect streams and/or water bodies from water quality impacts, coordination
with all interested jurisdictional agencies, etc.
32. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service capability and
location and layout of water lines and backflow preventers before issuance of a building permit
approval.
33. 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 beneath the property.
34. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to
issuance of building permits.
35. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, �
and California Water Company, and/or equivalent agencies) will be required prior to issuance of
building permits.
Resolu:tiori.No.6573 DP-2014-04 Aixgust 26,2014
� SECTION V: CONDITIONS ADMINISTERED SY THE SANTA CLARA COUNTY FIIZE`
DEPARTMENT
1. REVIEW LIMITED TO ACCEPTABILITY OF SITE ACCESS AND WATER SUPPLY
� Re�iew of this development proposal is liinited to aeceptability of site access and water supply as
they pertain to fire deparfznent operat�on, and shall not be construed as a substifute for formal plan
review to determine,compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, a�1d receive from; �the Suilding Department all_applicable
, construction permits.' :
2. WATER iNFRASTRUCTURE
_ . , . . .
The,.applicant-is advised that current water infrasfructure should be. carefully, analyzed,:.by a
qualified consultant to defermine if adequate flow aild pressure can be achieved withouf,significant
, ;.
upgrades to the existing system. Please consult with the California Water Service regarding this
issue. .
3. WIDER:TURNING RADIUS ,. ;, ,
. ,,. .
The,proposed east turn of the accessible path.of travel.shown oiz Sheet A-Q 1 does,not appear to
provide�the required turn radius, particularly as there:may be a change of grade at fhat point.'TI1is
; must be changed to.ensure adequate access>is xriaintained for`:the entire site.
.., � _
4. FIRE SPRINKLERS REC�UIRED
�1 ,: Approved. aufomatic�sprinlcler sysfems in�new and:..existing .buildings `and structures shall be
�� . provided in the Iocations;described in this section o'r in,Secfions:903.2.1 through 9Q3.2.18, whichever
is the more restrictive. For the purposes of this section, firewalls used to se�arate building:`areas
shall be constructed in accordance with tlle California Building Code and shall be without openings
, :�
;,
or�penetrations. 1V0'I'E: The owner(s), oceupant(s), aild any contraetor(s) or subcontractor(s)� are
responsible for consulting with the water purveyor of record in 'order to'deterinirie if aily
modifi.cat�on or upgrade of the existing water service is required. A State of California licensed (C-.
16 'Fire Protection Coniractor shal.l submit lans calculations a com Ieted erxnit;a ]icafioil and'
- � l' . � :.; , 1' p : 1?p.
appropriate fees to this department for review and approval prior to begu�ulvig their wo�k. Sections'
903.2 as adopfed in Section 16-40-210 of the CMC.
5., WATER SUPPLY REOUIREMENTS :- • '
Potable water supplies shall be protected -froin contamination caused by fire protection.water
supplies:;It,is,the resp.onsibilify of fhe applicant;and any contractors and subcontractors to, contact
_
the water pur.veyor supplying the site of such project, axld to comply with the requirements of,i-hat
purveyor. Such reguirements shall be uzcorporated into the design of any water-based fire
protection.system, and/or fire suppression water supply systems or storage contamers'that may be
pllysically conilected in any mailner to an appliance capable of causing eontami�zation of the potable
water supply of Fhe'purveyor of record. Final approval of fhe system(s)under consideration�will not ,
be granted by this office uritil compliance with the requirements of the water pu'rveyor of record are
` docurnexited by that purveyor as having been met by the applicant(s): 2010 CFC Sec. '903:3:5 and
� Health and Safety Code 13114`7.
Resolution No.6573 DP-2014-04 August 26,2014
6. HOSE VALVES/STANDPIPES REQUIRED
Hose valves/standpipes shall be installed as per the 2010 CFC Sec. 905, or where emergency access �
has been deemed minimal, shall be equipped with standpipes designed per NFPA Std. #14, and be
equipped with 2 1/2' hose valves, located within the stair enclosure(s). Note specifically, within
parking structures at stairwells. Standpipe systems shall be installed in accordance with this section
and NFPA 14 as amended by Chapter 47 and shall be manual wet.
7. PUBLIC FIRE HYDRANT(S) REQUIRED
Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and
California Water Service. Maximum hydrant spacing shall be 250 feet, with a minimum single
hydrant flow of 2,750 GPM at 20 PSI, residual. Fire hydrants shall be provided along required fire
apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B, Table B105.1 and
Appendix C.
8. FIRE DEPARTMENT ACCESS
Sec. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section
503.6, and an unobstructed vertical clearance of not less than 13 feet, 6 inches.
Sec. 503.2.2 Authority. The fire code official shall have the authority to require an increase in the
minimum access widths where they are inadequate for fire or rescue operations.
Sec. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the �
imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving
capabilities.
Sec. 503.2.4 Turning Radius. T'he required turning radius of fire apparatus access road shall be
determined by the fire code official.
Sec. 503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus.
AERIAL FIRE APPARATUS ACCESS ROADS
Where rec�uired: Buildings or portions of buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines
shall not be located within the aerial fire apparatus access roadway.
Width: Fire apparatus roads shall have a minimum unobstructed width of 26 feet in the immediate
vicinity of any building or portion of buildings more than 30 feet in height.
Proximit� to buildin� At least one of the required access routes meeting this condition shall be
located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building, as approved by the fire code official. �
9. MARKING
Resolution No.:6573 'DP-2014-04 , August 26,2014
Where required by the fire code official, approved signs or other approved notices_or markings that
� include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to
:identify sueh roads or prohibit the obstruction fhereof..The.means by which fire lanes are designed
� shall be maintained in a clean and legible condition at all times and be replaced or repaired when
necessary to provide adequate visibility. CFC Sec.503.3.
10. CONSTRUCTION SITE FIRE SAFETY
All:construction:sites must comply:with: applicable',provisions;of the CFC Chapter 33 and County
i
F'ire Standard Detail and Specification SI-7. The owner'shall designate a person to be fhe fire ���
prevention prograxn superintendent who shall be responsible for the'fire prevention program and
ensure that it is carried out through completion of the,project. A written plan, fhat.includes specific' �
information about`temporary standpipes; fire spru�lcler activation on each floor during construction,
fire watch, and emergency procedures, must be submitted to County Fire. Provide�appropriate
% notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
11: ADDRESS IDENTIFICATION , ' \
Approved riumbers or addresses shall be placed on alT new'and existing buildings in such a position ,
� i
as to be plainly visibie and legible froin the street'or road froritiilg the property. Numbers`shall '
,contrasf with their background. Address numbers shall be Arabic numbers or,alphabetical letters.
Numbers shall be a minimum of four inches high with a minimum stroke width of 0.5 inch. Where !
access is by means of a private road and the building cannot be viewed from the public right-of- I
way, a monument, pole, or other sign or means shall be used to identify the structure. CFC Sec. '
�� 505.1. 'I
,
12. CONSTRUCTION PLAN.NOTES _
To`:prevent plan review and.inspeetion delays, the above noted Development Review'Conditions
shall be addressed as "notes" on all pending and future plan submittals and any referenced
diagrams to be`reproduced onto the future plan submittaL , '
� � � � � � � �
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY D15TRICT
„ _ �
1. SANITARY SEWER AVAILABILITY
' Sanitary sewer service is available for the project subject to final review and approval of tlle design,
incltiding payment of all fees. Connection to the existing sysfem will be reviewed with the design
plan submittal.
2. SANITARY SEWER TRUNK LINE
,
Tlie Wo1fe Road sanitary sewer i7w�lc line has been identified as beulg at capacity. The District will
require hydraulic calculations from the intersection of Wolfe Road at Stevens Creek to Wolfe Road
. downstream at Pruneridge. The design criterion is 2/3 full at wet weather flow.
3. LATERAL CONNECTION
The plails shall show the new Iateral connection with elevations from the sewer main/manhole to
, the proposed cleanout witivn five feet of the property Iine.
� !
4. FEES AND PERMITS
' Cupertino Sanitary District Fees and Permits sha11 be requixed for the subject improvements.:
. , ,
Resolution No.6573 DP-2014-04 August 26,2014
5. INSTALLERS' AGREEMENT
The applicant shall enter into an installers' agreement with the District which will cover design and �
construction of sewers, necessary right of way/easements, payment for all fees and costs, furnishing
bonds and indemnity.
SECTION VII: CONDITIONS ADMINISTERED BY CALIFORNIA WATER SERVICE
1. WATER SERVICE
An eight-inch main line exists on Perimeter Road, which is anticipated to provide sufficient capacity
for the site.
2. WATER LINE EASEMENT
The main line is required to be extended from Perimeter Road to the project site. Therefore, an
easement is required on the property to accommodate this extension.
3. BACKFLOW PREVENTION DEVICE
A backflow prevention device (BFP) shall be located near the water main near Perimeter Road. Any
screening enclosures must meet required clearances on all four sides. Variances may be considered
for greater BFP distances from the water meter.
4. ADDITIONAL REQUIREMENTS
a. Clarify whether there is a dedicated irrigation service. It is assumed the irrigation service is from
the domestic water line.
b. Size fire water line based on a single tap. A second tap will not be approved. �
c. Both services will require RI's, and both lines will need to have boosting capability factored in.
PASSED AND ADOPTED this 26th day of August, 2014, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Gong, Sun, Takahashi
NOES: COMMISSIONERS: Chair Brophy, Vice Chair Lee
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
�'r
G ao Paul Brophy, Chair
Assist.Director of Community Development Planning Commission
G:\Planning\PDREPORT\RES\2014\DP-2014-04 res.doc �