Reso 6821EXC-2014-15
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
I RESOLUTION NO. 6821
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO .
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION
OF A NEW 3,245 -SQUARE -FOOT SINGLE-FAMILY RESIDENCE ON SLOPES
GREATER THAN 30% LOCATED AT 22823 SAN JUAN ROAD
SECTION I: PROJECT DESCRIPTION
Application No.: EXC-2014-15 (EA -2014-08)
Applicant: Amy Cheng
Location: 22823 San Juan Road (APN 342-22-078)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated
Negative Declaration; and
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 at least one public
hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposed development will not be injurious to property or improvements in the area
nor be detrimental to the public health and safety.
The proposed site is situated on the northside of San Juan Road. The lot is currently vacant and
surrounded by existing hillside single-family residences in the Inspiration Heights area of the city.
Therefore, the development will not be injurious to property or improvements in the area nor be
detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic.
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The proposed residence will be serviced by an existing private driveway that is shared by other
residences. The project proposes six parking spaces on site, thus minimizing the amount of parking
on the shared access roadway. 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 San Juan Road. A shared
maintenance agreements is already recorded 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 with 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.
The average slope of the parcel is 55%, with no part being less than 30%. 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 minimize
erosion and scarring of the hillsides caused by necessary construction of the housing site and
improvements.
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3. The proposed development consists of structures incorporating designs, colors, materials,
and outdoor lighting which blend with the natural hillside environment and which are
designed in such a manner as to reduce the effective visible mass, including building
height, as much as possible without Creating other negative environmental impacts.
The development on the property shall use natural earth tone and/or vegetation colors which blend
with the natural hillside environment and is designed in such a manner as to reduce the effective
visible mass as much as possible.
9. The proposed 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 environmental impacts.
The proposed residence is located adjacent to an access road and preserves the vast majority of the
existing natural landscape. The parcel is adjacent to other properties with a similar zoning and are
developed. The proposed 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.
10. The proposed development is otherwise consistent with the City's General Plan and Zoning
Ordinance as described in Section 19.40.010.
The development meets all the requirements for RHS zoned properties and is consistent with the
City's General flan and Zoning Ordinance as described in Section 19.40.010.
NOW, 'THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, 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 -2014-08) is hereby recommended for
adoption; and the application for a Hillside Exception, Application no. EXC-2014-15 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 bearing record concerning
Application no. EXC-2014-15 as set forth in the Minutes of Planning Commission Meeting of
January 17, 2017, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
II_�>"1819
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set dated March 01, 2016 consisting of 10
sheets, fabled A-0.0, A-1.0, A-2.0, A3.0, A3.1, A3.2, Sheet 1, Sheet 2, and Civil Sheet 1
entitled, "Amy Project, 22823 San Juan Rd., Cupertino, CA 95014," drawn and submitted. by
SC Design Group; except as may be amended by Conditions in this resolution.
Resolution No. 6821 EXC-2014-15 January 17, 2017
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. TR -2014-70 shall be applicable to this
approval.
4. EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING
Final building exterior treatment plan (including but not limited to details on exterior color,
material, architectural treatments and/or embellishments, lighting, retaining walls and
landscaping) shall be reviewed and approved by the Director of Community Development
prior to issuance of building permits for compliance to RHS zoning and other relevant
regulations. Any exterior changes determined to be substantial by the Director of
Community Development shall require a modification approval.
5. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of one residential unit from the Other Residential
Neighborhoods residential allocation area.
6. HOUSING MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by
paying the housing mitigation fees as per the Housing Mitigation Manual. The estimated
mitigation fee for this project is $40,433.76 based on the 2016-2017 fiscal year rate of $15.48
per square foot of residential area.
7. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first
page of the building plans.
8. LANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project
submittal per section 14.15.040 of the Landscaping Ordinance. The Water -Efficient Design
Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and
Water Budget Calculations shall be reviewed and approved to the satisfaction of the
Director of Community Development prior to issuance of building permits.
9. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after
the landscaping and irrigation system have been installed and prior to final occupancy. The
findings of the assessment shall be consolidated into a landscape installation report.
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The landscape installation report shall include, but is not limited to: inspection to confirm
that the landscaping and irrigation system are installed as specified in the landscape and
irrigation design plan, system tune-up, system test with distribution uniformity, reporting
overspray or run-off that causes overland flow, and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and
irrigation system have been installed as specified in the landscape and irrigation design
plan and complies with the criteria of the ordinance and the permit."
10. 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 landscape application package, with the
landscape installation report prior to -issuance of final occupa-i-igy, or any tfi-ne before the
landscape installation report is submitted prior to issuance of building permits.
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.
11. TREE PROTECTION
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 the
trees to remain prior to issuance of building permits. A report ascertaining the good health
of these trees shall be provided prior to issuance of final occupancy.
12. COMPLIANCE WITH MITIGATION MONITORING AND REPORTING PROGRAM
(MMUJ
The project shall be required to adhere to the mitigation measures identified in the
Mitigated Negative Declaration (EA -2014-08) and Mitigation Monitoring and Reporting
Program (MMR -P) for the project.
13. GEOLOGY AND SOILS MITIGATION MEASURES
MM GEO-1: Recommended a minimum of 2 discharges along this slope, and that the
applicant should consider carrying water in a tightline pipe to drainage facilities
downslope, with the neighbor's approval. We would prefer to see all drainage directed to
San Juan Road, or to Mercedes Road with neighboring cooperation. If this is not possible,
then we recommend, at a minimum, that two discharge locations be identified by the
Resolution No. 6821 EXC-2014-15 January 17, 2017
Project Geotechnical Consultant, with widely dispersed (minimum 20 feet) dissipation
pipes.
MM GEO-2: All retaining and residential structures at this site be pier supported. The
consultant should review the plans and provide pier recommendations, as deemed
appropriate.
MM GEO-3: Due to the steepness of this lot, grading shall not be permitted during the
winter rainy season.
MM GEO-4: Prior to issuance of Building Permits, the applicant's geotechnical consultant
should review and approve all geotechnical aspects of the Grading and Drainage Plan and
the Development Plans (i.e., site preparation and grading, site drainage improvements and
design parameters for foundations and retaining walls) to ensure that their
recommendations have been properly incorporated. The results of the Drainage
Considerations, Retaining Wall Design Criteria, and Geotechnical Plan Review should be
submitted to the City for review and approval by the City Geotechnical Consultant and
City Engineer.
MM GEO-5: Prior to final (as -built) project approval The geotechnical consultant should
inspect, test (as needed), and approve all geotechnical aspects of the project construction.
The inspections should include, but not necessarily be limited to: site preparation and
grading, site surface and subsurface drainage improvements and excavations for
foundations and retaining walls prior to the placement of steel and concrete.
The Project Geologist should be on site during the pier drilling operations to assure that
piers are embedded into competent bedrock materials, and that bedrock materials are as
anticipated. Consideration should be given to downhole logging select pier excavations to
assure bedrock conditions are as anticipated.
The results of these inspections and the as -built conditions of the project should be
described by the geotechnical consultant in a letter and submitted to the City Engineer for
review prior to final project approval.
14. AIR QUALITY MITIGATION MEASURES
MM AIR -1:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track -out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
Resolution No. 6821 EXC-2014-15 January 17, 2017
All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
® Idling times shall be minimized either by shutting equipment off when not in use or
. reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
® All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator.
® Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
15. BIOLOGICAL RESOURCES
MM B10-1: The applicant shall plant replacement trees in accordance with the
replacements requirements of the Protected Tree Ordinance. The trees shall be planted
prior to final occupancy of site permits.
MM B10-2:
A qualified arborist be required to inspect the root damage of Tree # 7 at the time of
footing excavation to determine whether or not Tree # 7 could be preserved.All trees to
be preserved on the property and all trees adjacent to the property shall be protected
against damage during construction operations by constructing a four -foot -high fence
around the drip line, and armor as needed. The extent of fencing and armoring shall
be determined by the landscape architect. The tree protection shall be placed before
any excavation or grading is begun and shall be maintained in repair for the duration
of the construction work.
® 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 (City of Cupertino Standard Detail 6-4) shall be listed on the
plans, and protective fencing shall be installed around the trees to remain prior to
issuance of building permits. A report ascertaining the good health of these trees shall
be provided prior to issuance of final occupancy.
16. CULTURAL RESOURCES MITIGATION MEASURES
MM HAZ-1.4-. In the event that any prehistoric or historic subsurface cultural resources are
discovered during ground disturbi-iig.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 recon-nendations. 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
Resolution No. 6821 EXC-2014-15 January 17, 2017
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.
17. NOISE MITIGATION MEASURES
MM N0I-1: The following construction noise mitigation measures shall be taken in order
to reduce noise event impacts to nearby receptor areas:
• Construction activities shall be limited to the hours of 7:00 am to 8:00 pm on weekdays
and 9:00 am to 6:00 pm on weekends. Construction activities are prohibited on
holidays.
• All construction equipment shall use noise -reduction features that are no less effective
than those originally installed by the manufacturer. If no noise -reduction features were
originally installed, then the contractor shall require that at least a muffler be installed
on the equipment.
• No individual device will produce a noise level more than 87 dBA at a distance of
twenty-five feet or the noise level on any nearby property does not exceed 80 dBA.
18. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre -
construction meeting with the pertinent departments (including, but not limited to,
Building, Planning, Public Works, Santa Clara County Fire Department) to review an
applicant -prepared construction management plan including, but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
L Emergency/complaint and construction site manager contacts
19. CONSTRUCTION HOURS
The applicant shall comply with the construction hours standards described in section 10.48
of the Cupertino Municipal Code. The developer shall be responsible for educating all
contractors and subcontractors of said construction restrictions. Rules and regulation
pertaining to all construction activities and limitations identified in this permit, along with
the name and telephone number of a developer appointed disturbance coordinator, shall be
posted in a prominent location at the entrance to the job site.
Resolution No. 6821 EXC-2014-15 January 17, 2017
20. DEMOLITION REQUIREMENTS
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.
21. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the, proposed project for additional conditions and requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Department.
22. INDEMNIFICATION
To the, extent permitted by law, the Applicant shall indemnify and hold harmless the City,
its City Council, its officers, employees and agents (the "indemnified parties") from and
against any claim, action, or proceeding brought by a third party against the indemnified
parties and the applicant to attack, set aside, or void this ordinance or any permit or
approval authorized hereby for the project, including (without limitation) reimbursing the
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.
23. 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. PRIVATE UTILITY SERVICES
Developer shall work with both the City and affected neighboring property owners
regarding the installation of private utility services to the property. Work associated with
private utility construction will include obtaining the necessary permits and approvals
from the respective utility companies and restoring the existing road pavement to pre -
construction conditions.
2. STREET WIDENING AND DEDICATIONS
Public street widening and dedications shall be- provided in accordance with City
Standards and specifications and as required by the City Engineer.
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3. 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.
4. 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.
5. GRADING
At Building Permit stage, Civil Engineer shall work with the Project's Geotechnical
Consultant and Public Works to modify the grading & drainage design, especially the
stormwater energy dissipator. Provide a profile plan of the proposed storm system with
dissipator. Demonstrate the size of dissipator is sized appropriately and away from the
property boundary. A letter from the Geotechnical Consultant will be required for the
review and approval of all geotechnical aspects of the final grading & drainage plan.
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.
6. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre -
and post -development hydraulic calculations must be provided to indicate whether
additional storm water control measures are to be constructed or renovated. The storm
drain system may include, but is not limited to, subsurface storage of peak stormwater
flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to
reduce the amount of runoff from the site and improve water quality. The storm drain
system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or
other approved systems and improvements) as necessary to avoid an increase of the ten
percent flood water surface elevation to the satisfaction of the City Engineer. Any storm
water overflows or surface sheeting should be directed away from neighboring private
properties and to the public right of way as much as reasonably possible.
7. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities Ordinance No.
331 and other related Ordinances and regulations of the City of Cupertino, and shall
coordinate with affected utility providers for installation of underground utility devices.
Developer shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
Resolution No. 6821 EXC-2014-15 January 17, 2017
8. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain. fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits
Fees:
a. Checking & Inspection Fees: $ Per current fee schedule ($3,349.00 or 5%)
b. Grading Permit: $ Per current fee schedule ($2,825.00 or 6%)
c. Development Maintenance Deposit: $1,000.00
d. Storm Drainage Fee: $1,280
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
$ Per current fee schedule (N/A)
$63,000.00
** -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.
9. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation of
any above ground equipment. Should above ground equipment be permitted by the City,
equipment and enclosures shall be screened with fencing and landscaping such that said
equipment is not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or side building
setback area.
10. WATER BACKFLOW PREVENTERS
Any required 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
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Cupertino Planning Department, Santa Clara County Fire Department and the water
company.
11. 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.
12. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB), the
developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses
preparation of a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best
Management Practices (BMPs) to control storm water runoff quality, and BMP inspection
and maintenance.
13. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer.
This plan should include all erosion control measures used to retain materials on site.
Erosion control notes shall be stated on the plans.
14. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
15. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to
final occupancy. The Agreement shall include the operation and maintenance for non-
standard appurtenances in the public road right-of-way that may include, but is not limited
to private water facilities and pavers.
16. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
17. 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).
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18. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
19. DEDICATION OF WATERLINES
Developer shall dedicate to the City all water mains and public water appurtenances
installed to City Standards and shall reach an agreement with San Jose Water Company for
water service to the subject development.
20. 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.
21. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
22. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property,.,(including PG&E,
AT&T, the water company, and/or equivalent agencies) will be required prior to. issuance of
buildingpermits.
SECTION V: CONDITIONS ADMINISTERED BY TELE .SANTA CLARA COUNTY FIRE
DEPARTMENT
1. WILDLAND INTERFACE
This project is located within the designated Wildland-Urban Interface Fire Area.. The
building construction shall comply with the provisions Of California Building Code (CBC)
Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section
701A.3.2.4 prior to project final approval. Check with the Planning Department for related
Landscape plan requirements.
2. FIRE SPRINKLERS REQUIRED
An automatic sprinkler system shall be installed in one -and two-family dwellings
(including detached workspaces) as follows: In all new one -arid two-family dwellings and
in existing one- and two-family dwellings when additions are made that increase the
building area to more than 3,600 square feet. Exception: A one-time addition to an existing
building that does not total, more than 1,000 square feet of building area. NOTE: The
owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any modification or
upgrade of the existing water service is required. NOTE: Covered porches, patios,
balconies, and attic spaces may require fire sprinkler coverage. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed
Resolution No. 6821 EXC-2014-15 January 17, 2017
permit application and appropriate fees to this department for review and approval prior
to beginning their work. CRC Sec. 313.2 as adopted and amended by CUPMC
r
3. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection
water supplies. It is the responsibility of the applicant and any contractors and
subcontractors to contact the water purveyor supplying the site of such project, and to
comply with the requirements of that purveyor. Such requirements shall be incorporated
into the design of any water-based fire protection system, and/or fire suppression water
supply systems or storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by this
office until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5
and Health and Safety Code 13114.7.
4. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33 and
County Fire Standard Detail and Specification SI -7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
5. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the street or road fronting the property.
Numbers shall contrast with their background. CFC Sec. 505.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO BUILDING
DEPARTMENT
1. FIRE RESISTIVE CONSTRUCTION
Walls less than five (5) feet from the property line shall be one-hour fire -resistive
construction per CRC Section 302.1. Metal railings are not allowed at carport parapet
adjacent to east property line per CRC Section 705.11 and shall be of one-hour construction.
Resolution No. 6821 EXC-2014-15 January 17, 2017
]SASSED AND ADOPTED this 17th day of January, 2017, Regular Meeting of the ]Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Takahashi, Nice Chair Gong, Sun, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Paulsen
ATTEST:
Benjami