Loading...
AH Reso 139 (signed)Community Development Department Planning Division — Cupertino CUPERTINO APPROVED Case # ASA-2022-007, Approval Body: Admin Hearing Approval Date 04/25/23 Signature Danielle Condit Case Manager CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION 139 AH 04/20/2023 14 of 35 OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO ALLOW A NEW 7,407 SQUARE FOOT SURFACE PARKING LOT AT THE HAMPTONS APARTMENT HOMES LOCATED AT 19500 PRUNERIDGE AVENUE SECTION 1: PROTECT DESCRIPTION Application No.: ASA-2022-007 Applicant: Irvine Apartment Communities, L.P. Location: 19500 Pruneridge Avenue; APN: 316-06-058 SECTION II: FINDINGS WHEREAS, the City of Cupertino received an application for an Architectural and Site Approval to consider allowing a new 7,407 square foot surface parking lot at the Hamptons Apartment Homes, as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Cupertino Municipal Code, and the Administrative Hearing Officer has held at least one public meeting with regard to the application; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15301 for the reasons set forth in the staff report dated April 20, 2023 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Administrative Hearing Officer finds as follows with regard to this application: AH 04/20/2023 Community Development Department 15 of 35 FE-21PlanningResolibion io . 13Cupertino ASA-2022-007 April 20, 2023 Page 2 COPE RTINO AT_.P Case # ASA-2022-007, sal,TAT at the proposed location, will not be detrimental or injurious to property Approval Body: AdrrWFk14PWvements in the vicinity, and will not be detrimental to the public health, Approval Date saf@%Wheral welfare, or convenience; Signature Danielle Condit Case applicant proposes to add a 7,407 square foot square foot surface parking lot within the 12.5-net acre Hamptons Apartment Homes. The surface parking lot will be paved at grade and not likely visible from neighboring properties. All the proposed changes are minor improvements to the existing site and will not be detrimental or injurious to property or improvements in the vicinity. 2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan any specific plan, zoning ordinances, applicable planned development permit, conditional use permits, variances, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: The proposal complies with the General Plan. The proposal with the modifications that are required as conditions of approval will comply with the City's adopted standards and Municipal Code. a) Abrupt changes in building scale should be avoided. A gradual transition related to height and bulk should be achieved between new and existing buildings. There are no changes to existing buildings on site —the surface parking structure will be at grade and is uncovered. No other height or scale modifications are proposed that will impact the existing massing. b) In order to preserve design harmony between new and existing buildings and in order to preserve and enhance property values, the materials, textures and colors of new building should harmonize with adjacent development by being consistent or compatible with design and color schemes with the future character of the neighborhoods and purposes of the zone in which they are situated. The location, height and materials of walls, fencing, hedges and screen planting should harmonize with adjacent development. Unsightly storage areas, utility installations and unsightly elements of parking lots should be concealed. The planting of ground cover or various types of pavements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided. Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments and provide shielding to prevent spill -over light to adjoining property owners. The proposed structure will not be visible from neighboring properties or the public right- of-way. Existing mature trees are proposed to be retained, and or relocated on site. New AH 04/20/2023 Commu ty ppevel ment Department 16 of 35 FE-21esolution o. 139 ASA-2022-007 April 20, 2023 Planning Division — Cupertino Page 3 CUPERTINO -TE Case # ASA-2023-007, Abbe' crcg rcas-bren proposed around the parking areas and will blend seamlessly with the Approval Body: Adm;n Hexisnting planting schedule. Outdoor lighting incorporates appropriate shielding and is Approval Date GW*22d to meet the dark -sky requirements of the Municipal Code. Signature Danielle Condit Ose glnumber, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures have been designed to minimize traffic hazard, positively affect the general appearance of the neighborhood and harmonize with adjacent development. At this point, no signs are approved as part of this project. d) With respect to new projects within existing residential neighborhoods, new development should be designed to protect residents from noise, traffic, light and visually intrusive effects by use of buffering, setbacks, landscaping, walls and other appropriate design measures. This application is not a new project and will maintain the existing buffering and setbacks established adjacent to the existing residential neighborhoods. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of the maps, facts, exhibits, testimony, staff's report and presentation, and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 3 thereof, The application for an Architectural and Site Approval, Application no. ASA-2022-007 is hereby approved and that the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Meeting record concerning Application no. ASA-2022-007 as set forth in the Minutes of the Administrative Hearing Meeting of April 20, 2023 and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on the plan set drawn by ima titled "The Hampton Apartment Homes" consisting of twenty-eight (28) sheets labeled L-001 thru L-1203, C1 thru C4, and E-1 thru E-8, except as may be amended by conditions in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, AH 04/20/2023 Community Development Department 17 of 35 FE-21Planning'[)ioniviN .13Cupertino ASA-2022-007 April 20, 2023 Page 4 CUPERTINO _�Pl Case # ASA-2022-007, size, uilding square footage, any relevant easements and/or Approval Body: AdnWng6q6tion records. Any misrepresentation of any property data may invalidate Approval Date thigW?8val and may equire additional review. Signature Danielle Condit 3. C"nCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-1996-14 and TR-2022-034 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. 5. SURFACE PARKING LOT The new surface parking lot shall conform with the Department of Public Works City of Cupertino Standard Detail document. In the building permit submittal, the applicant shall provide a revised site plan demonstrating compliance the minimum two-way drive aisle width of 24'. Parking stall length may be decreased by up to two feet but must provide an equivalent vehicle overhang into landscaped areas. The Landscaping Plan must be revised, prior to issuance of building permits, in a manner to indicate that proposed landscaping does not conflict with the vehicle overhang. 6. WHEEL STOPS Concrete wheel stops shall be placed on top of the flat curb and shall be provided at a rate of one per two stalls. 7. SIGNAGE Signage is not approved with this application. Signage shall conform to the City Sign Code. 8. DEMOLITION REQUIREMENTS All demolished 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 occupancy. 9. 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. AH 04/20/2023 Community Development Department 18of35 FE-21Resolu ion No. 139 ASA-2022-007 April 20, 2023 Planning Division — Cupertino Page 5 CUPERTINO A R Case # ASA-2022-007, CE Approval Body: AdnVXWAA-RQssuance of Building Permits, the applicant/property owner shall submit Approval Date finA4jWk? in compliance with the approved lighting plans to comply with Signature P"P111rPnQP4ft-,tandard-; of Cupertino Municipal Code Section 19.102.040 Outdoor Case Manager Lighting Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community Development or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. 11. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District's Basic Control Measures from the latest version of BAAQMD's CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 12. AVOID NESTING BIRDS DURING CONSTRUCTION Prior to issuance of the any demolition, grading and building permit, indicate the following on all construction plans: a. Demolition, construction, ground -disturbing, and tree removal/pruning activities shall be scheduled to be completed prior to nesting season (February 1 through August 31), if feasible. b. If demolition, construction, ground -disturbing, or tree removal/pruning activities occur during the nesting season (February 1 and August 31), preconstruction surveys shall be conducted as follows: i. No more than 7 days prior to the start of demolition, construction, ground - disturbing, or tree removal/pruning activities, in order to identify any active nests with eggs or young birds on the site and surrounding area within 100 feet of construction or tree removal activities. ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition, construction, ground -disturbing, or tree removal/pruning activities have been initiated in the area, after which surveys can be stopped. As part of the preconstruction survey(s), the surveyor shall inspect all trees and other possible nesting habitats in, and immediately adjacent to, the construction areas for active nests, while ensuring that they do not disturb the nests as follows: 1) For projects that require the demolition or construction one single- family residence, ground disturbing activities affecting areas of up to 500 square feet, or the removal of up to three trees, the property owner AH 04/20/2023 Community Developmengqt Department 19 of 35 FE-21Plan ning'givon No.13ionC u pe rt i n o ASA-2022-007 April 20, 2023 Page 6 CUPERTINO -APPROVED Case # ASA-2022-007, or a tree removal contractor, if necessary, is permitted to conduct the Approval Body: Admin Hearing preconstruction surveys to identify if there are any active nests. If any Approval Date 04/25/23active nests with eggs or young birds are identified, the project applicant Signature Danielle Con,011-I retain a qualified ornithologist or biologist to identify protective Case Manager measures. 2) For any other demolition, construction and ground disturbing activity or the removal of four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. iii. If the preconstruction survey does not identify any active nests with eggs or young birds that would be affected by demolition, construction, ground - disturbing or tree removal/pruning activities, no further mitigating action is required. If an active nest containing eggs or young birds is found sufficiently close to work areas to be disturbed by these activities, their locations shall be documented, and the qualified ornithologist or biologist shall identify protective measures to be implemented under their direction until the nests no longer contain eggs or young birds. iv. Protective measures may include, but are not limited to, establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by the qualified ornithologist or biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified ornithologist or biologist, if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified ornithologist or biologist only in consultation with California Department of Fish and Wildlife. The protection measures and buffers shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active. v. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection measures (if required), shall be prepared by the qualified ornithologist or biologist and submitted to the Director of Community Development or his or her designee, through the appropriate permit review process (e.g., demolition, construction, tree removal, etc.), and be completed to the AH 04/20/2023 Community peyeloppment Department 20 of 35 FE-21Resolution IV o. 139 ASA-2022-007 April 20, 2023 Planning Division - Cupertino Page 7 CUPERTINO Case # ASA-2022-OQ7, e Community Development Director prior to the start of Approval Body: Admin Hearingemolition, construction, ground -disturbing, or tree removal/pruning Approval Date 04/25f$"Iyities. Signature 13.WWN IOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Cage Manager Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall provide written verification, including the materials provided to contractors and construction crews, to the City confirming that contractors and construction crews have been notified of basic archaeological site indicators, the potential for discovery of archaeological resources, laws pertaining to these resources, and procedures for protecting these resources as follows: a. Basic archaeological site indicators that may include, but are not limited to, darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials, either human or animal. b. The potential for undiscovered archaeological resources or tribal cultural resources on site. c. The laws protecting these resources and associated penalties, including, but not limited to, the Native American Graves Protection and Repatriation Act of 1990, Public Resources Code Section 5097, and California Health and Safety Code Section 7050 and Section 7052. d. The protection procedures to follow should construction crews discover cultural resources during project -related earthwork, include the following: i. All soil disturbing work within 25 feet of the find shall cease. ii. The project applicant shall retain a qualified archaeologist to provide and implement a plan for survey, subsurface investigation, as needed, to define the deposit, and assessment of the remainder of the site within the project area to determine whether the resource is significant and would be affected by the project. iii. Any potential archaeological or tribal cultural resources found during construction activities shall be recorded on appropriate California Department of Parks and Recreation forms by a qualified archaeologist. If the resource is a tribal cultural resource, the consulting archaeologist shall consult with the appropriate tribe, as determined by the Native American Heritage Commission, to evaluate the significance of the resource and to recommend appropriate and feasible avoidance, testing, preservation or mitigation measures, in light of factors such as the significance of the find, AH 04/20/2023 Community Development Department 21 of35 FE-21Planninglv4io Sion 13C upertino ASA-2022-007 April 20,, 2023 Page 8 CUPERTINO 'AIPP GVED Case # ASA-2022-007, Zk,,M&�qmposedl project design, costs, and other considerations. The archeologist Approval Body: Admin Hearirshall perform this evaluation in consultation with the tribe. Approval Date 04/25/23 Signature 14C14kAiAQbNfMAINS AND NATIVE AMERICAN BURIALS Iyrlo"?r issuance of the any demolition, grading and building permits that involve soil disturbance, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097.98. a. In the event of discovering human remains during construction activities, there shall be no further excavation or disturbance of the site within a 100-foot radius of the remains, or any nearby area reasonably suspected to overlie adjacent remams. b. The Santa Clara County Coroner shall be notified immediately and shall make a determination as to whether the remains are Native American. c. If the Santa Clara County Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission (NAHC) within 24 hours. d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the deceased Native American. e. The Most Likely Descendant has 48 hours following access to the project site to make recommendations or preferences regarding the disposition of the remains. If the Most Likely Descendant does not make recommendations within 48 hours after being allowed access to the project site, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance and provide documentation about this determination and the location of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner does not accept the Most Likely Descendant's recommendations, the owner or the descendent may request mediation by the NAHC. Construction shall halt until the mediation has concluded. 15. NOISE AND VIBRATION NOTICE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail as follows: a. For projects on sites that are more than 0.5 acres or four or more residential units the notices shall be sent to off -site businesses and residents within 500 feet of the project site; b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units (not including Accessory Dwelling Units) notices shall be sent to off -site businesses and residents within 250 feet of the project site; or AH 04/20/2023 FE-21Community Development Department 22 of 35 Planning uivisio . 139Cupertino ASA-2022-007 April20, 2023 CUPERTINO APPROVED Page 9 Case # ASA-2022-0071 lec s on sites less than 0.25 acres or one residential unit, the notices shall Approval Body: Admin Hbg t to off -site businesses and residents within 100 feet of the project site. Approval Date ThcRiMPkation shall include a brief description of the project, the activities that Signature Q g1*a"41 hP houns when activity would occur, and the construction period's Case Manager overall duration. The notification should include the telephone numbers of the contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. The City will provide mailing addresses for the Applicant's use. The project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements below. 16. NOISE AND VIBRATION SIGNAGE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least two feet by three feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following: a. Permitted construction days and hours; b. A description of proposed construction activities; c. Telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint; and d. Contact information for City's and contractor's authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD's CEQA Air Quality Guidelines. If the authorized contractor's representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint. 17. NOISE DURING CONSTRUCTION Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity: a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City's Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the AH 04/20/2023 FE-21Community Development Department 23 of 35 Planningl'xtiooision 13Cupertino ASA-2022-007 April 20,p2023 CUPERTINO�� _ Page 1� Case # ASA-2022-007, e cons ruction documents and implemented by the on -site Approval Body: Admin HQqfiWtruction Manager. Noise reduction measures selected and implemented Approval Date gl2k based on the type of construction equipment used on the site, distance Signature DaniSVGQ i$,,, „n activities from sensitive receptor(s), site terrain, and other Case Manager features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City's daytime and nighttime decibel limits. b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase. c. Signs will be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes. d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law. 18. PALEONTOLOGICAL RESOURCES Prior to issuance of the any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall implement the following measures: a. If paleontological resources are encountered during ground disturbing and/or other construction activities, all construction shall be temporarily halted or redirected to allow a qualified paleontologist, which shall be retained by the project applicant, to assess the find for significance and the Applicant shall notify the City. b. If paleontological resources are found to be significant, the paleontological monitor shall determine appropriate actions, in coordination with a qualified paleontologist, City staff, and property owner. Appropriate actions may include, but are not limited to, a mitigation plan formulated pursuant to guidelines developed by the Society of Vertebrate Paleontology and AH 04120/2023 24 of 35 Commur � yc�p6npAt Department ASA-2022-007 April 20,2023 FE-21Planning Division — Cupertino Page 11 CUPERTINO APPROVED Case # ASA-3-=12Q7on+od to appropriately protect the significance of the resource by a preservation, documentation, and/or removal, prior to recommencing Approval Body: Admin Hearing, Approval Date Og�x�j�es. Measures may include, but are not limited to, salvage of unearthed Signature DanibVesdains and/or traces (e.g., tracks, trails, burrows); screen washing to Case�laMIVer small specimens; preparation of salvaged fossils to a point of being 1reea,Vdy for curation (e.g., removal of enclosing matrix, stabilization and repair of specimens, and construction of reinforced support cradles); and identification, cataloging, curation, and provision for repository storage of prepared fossil specimens. 19. INDEMNIFICATION AND LIMITATION OF LIABILITY As part of the application, to the fullest extent permitted by law, the applicant shall agree to indemnify, defend with the attorneys of the City's choice, and hold harmless the City, its City Council, and its officers, employees, and agents (collectively, the "indemnified parties") from and against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as "proceeding") brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant related to any Ordinance, Resolution, or action approving the project, the related entitlements, environmental review documents, finding or determinations, or any other permit or approval authorized for the project. The indemnification shall include but not be limited to damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and expenses incurred in connection with such proceeding whether incurred by the Applicant, the City, or the parties initiating or bringing such proceeding. The applicant shall agree to (without limitation) reimburse the City its actual attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall include amounts paid to the City's outside counsel and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. The applicant shall likewise agree to indemnify, defend, and hold harmless the indemnified parties from and against any damages, attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or awarded against the indemnified parties. The Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern any such reimbursement. AH 04/20/2023 CFE-21ommurutV ppevel t Department 25 of 35 ltesolit ,on omle3� ASA-2022-007 April 20, 2023 Planning Division — Cupertino Page 12 CUPERTINO Case# WeUU0,J2-Q07, a ,__„ ree to (without limitation) reimburse the City for all costs inFferred in additional investigation or study of, or for supplementing, redrafting, Approval Body: Admin aring Approval Date reA4ing2or amending, any document (such as an Environmental Impact Report, Signature P"UWG@lredtaration, specific plan, or general plan amendment) if made necessary by5eproceedmgs challenging the project approvals and related environmental review, if the applicant desires to continue to pursue the project. The Applicant shall agree that the City shall have no liability to the Applicant for business interruption, punitive, speculative, or consequential damages. 20. 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. C.3 REQUIREMNTS C.3 regulated improvements are required for all projects creating and/or replacing 5,000 S.F. or more of impervious surface, collectively over the entire project site (if project receives entitlement after June 30, 2023). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the Director of Public Works. 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 and a Storm Water Facilities Operation, Maintenance and Easement 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. 2. GRADING Grading shall be as approved and required by the Director of Public Works in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications AH 04/20/2023 Community Developpment Department 26 of 35 FE-21Resolution IV o. 139 ASA-2022-007 April 20, 2023 Planning Division — Cupertino Page 13 COPE RTINO V Case # ASA-2022-007, maybe required. Please contact Army Corp of Engineers and/or Approval Body: AdnAeki@A4 Water Quality Control Board as appropriate. Approval Date 04/25/23 Signature 3_ EtMiOPAQVit Case Manager Drainage shall be provided to the satisfaction of the Director of Public Works. 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 Director of Public Works. 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. All storm drain inlets shall be clearly marked with the words "No Dumping - Flows to Creek" using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. Additional comments will be provided and shall be incorporated prior to Building Permit issuance. 4. 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. 5. 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. AH 04/20/2023 FE-21Community Development Department 27 of 35 PlanRinglWionNori 13(.upertino ASA-2022-007 April 20, 2023 CUPERTINO _-�.._nn�FPage 14 QV Case # ASA-2022-007, PRACTICES Approval Body: AdmW�Pest Management Practices (BMPs), as required by the State Water Resources Approval Date Co4Ah213oard, for construction activity, which disturbs soil. BMP plans shall be Signature Q�e amino Case Manager and �raaa sin street improvement plans. 7. DEVELOPMENT FEES AND BONDS The project developer shall provide for payment of fees and bonds, including but not limited to checking and inspection fees, storm drain fees, transportation impact fees, park dedication fees and fees for under grounding of utilities. Said fees and bonds shall be paid prior to issuance of building permit. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Storm Drainage Fee: d. Storm Management Plan Fee Per current fee schedule ($1,117) Per current fee schedule ($3,683 or 6% of improvement costs) Per current fee schedule ($4,250 per AC) Per current fee schedule ($1,670) Bonds: a. 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. SECTION V: CONDITIONS ADMINISTERED BY BUILDING DEPARTMENT 1. ADA The building was built in 1998 and will be subject to the requirements of Chapter 11A of the 2022 CBC. Assigned and unassigned parking stalls and their accessible counterparts will be reviewed during Building Permit Application. PASSED AND ADOPTED this 20th day of April 2023 at a noticed Public Meeting of the Administrative Hearing Officer of the City of Cupertino, State of California, held by the Director of Community Development, or his or her designee, pursuant to Cupertino Municipal Code Section 19.12.120. 01 CUPERTINO Community Duetvelopmennt Department Planning ivlsion 13Cupertino ASA-2022-007 Case # ASA-2022-007, Approval Body: grTr—YHHye,a,,n , ' Approval Date L1�ti'CsI��b,�� SignatureaQMFMi1lt Case Manager Associate Planner AH 04/20/2023 28 of 35 April 20, 2023 APPROVED: ?i Luke Connolly Administrative Hearing Officer Page 15 AH 04/20/2023 35 of 35 FIXCommunity Development Department Planning Division — Cupertino CUPERTINO APPROVED Case # ASA-2022-007, Approval Body: Admin Hearing Approval Date 04/25/23 Signature Danielle Condit Case Manager Compact 116 62 178 0 Compact (Carport) 21 - 21 0 SUBTOTAL (Compact) 137 62 199 0 Standard 135 117 252 +21 Standard (Carport) 107 - 107 0 Standard (Garage) 54 54 0 Standard (On Easement) - - - _49 SUBTOTAL (Standard) 296 117 413 _28 Accessible (Standard) 5 4 9 0 Accessible (Standard/ Carport) 2 - 2 0 Accessible (Van) 3 - 3 0 Accessible (Garage) 2 - 2 0 Accessible (On Easement) - - - -1 SUBTOTAL (Accessible) 12 4 16 -1 TOTAL PARKING COUNT 445 183 628 -29 1997 Approved Plans Total Parking Spaces Provided 659 Parking Stalls = 1.92 Per Unit Total Parking Spaces Provided 628 Parking Stalls = 1.84 Per Unit Note: Total parking count is deficient from 1997 approved parking count due to prior removal of forty-nine (49) standard parking stalls and one (1) accessible parking stall, fifty (50) total, within the easement. COVERED PARKING SUMMARY DESCRIPTION REQUIRED PROVIDED +1- 1 Per Unit - 342 Units (Current Development Standards) 342 361 +19 ACCESSIBLE PARKING SUMMARY STANDARD VAN DESCRIPTION REQUIRED PROVIDED PROVIDED Assigned Standard Stalls - 528 Stalls 11 Total (2°% of Assigned Stalls, 1 per 6 of (g Standard / 2 Van) 9 2 Total to be Van Accessible Stalls) Unassigned Stalls - 100 Stalls 5 Total (5°% of Unassigned Stalls, 1 per 6 of (4 Standard / 1 Van) 4 1 Total to be Van Accessible Stalls) PARKING LOT LANDSCAPE REQUIREMENTS REQUIREMENT REQUIRED PROVIDED NET 1 Tree per 5 Stalls 5 Trees 8 Trees +3 -- ---- -------------------------- —--------- — -- ------ ' - AREAA LEGEND 344 20th str eet Travel o Path ng s x EitiPth f Tl . :.. ��1: � I suite 302b • oakland, ca 94612 ,_�_ _ Connection to Existing Path of Travel from New Parking Areas 949.954.7500 1 ; Add Detectable Warning Paving at Ramp Locations www.imadesign.com 0 1 I 1 ; O Unassigned Uncovered Parking + BLDG- 3 , CUnassigned Uncovered Parking - Compact Irvine Company 1 Apartment Development 1 Co Assigned Uncovered Parking 550 Newport Center Drive • C Assigned Uncovered Parking - Compact Newport Beach, CA 92660 949.720.2000 J Sao Assigned Covered Parking - Carport O1IN Assigned Covered Parking - Compact Carport Assigned Covered Parking -Garage Accessible Parking Location Standard x ■ �■ Accessible Parking Location - Van \ + 0 0000 \ _ �� � � AREA B 0 •—--- ------- ---------� _f C C C C+ C c c C _ _ O . O 1 C I T • Cf O ; O CLO D0OO 0 N O k o; 0 �� Oo O 0 1CD ® ❑ ' }' " tsd�� O 0 o 0 1 o- O®® BUILDING 1&2 PODIUM ® O� ff c 1 ; o o Q o ® 1 57 STANDARD ASSIGNED COVERED O X O 1 O �� —� 0 32 COMPACT ASSIGNED COVERED O 1 1 L ® 4 ACCESSIBLE COVERED t O O 1 0 ' }' _0 1 Co c BUILDING 10 PODIUM a) c 30 STANDARD ASSIGNED COVERED Q 0 15 COMPACT ASSIGNED COVERED 1 rQn 12 a) °' ° S Q 0- + c O CD 1 C o � 0 0 1 O zL o Q 00 o + 1000000 FZO) o00 Q 0- 0 O r C + c C — ■ O c � ■ O O 0 0 ■ O O c ■ �# O c C cis0 0 ■ O _0 c 0 / O ' _ _ + _ _ — 0 0 O 0 0 0 O c c c cOOo ooO = ' PC 0 r/ c qW ♦ O� C C O (, v I �IVJ 0 00 01 11-0 ■ ■ C C C C ppp Project No 20130 Date 1 /31 /23 Scale 1 " = 30'-0" Drawn By RM OVERALL SITE PLAN ti 0 0 N L=002 N a a 0 15 30 60 NORTH SCAL E:1"=30'-0"