CC Resolution No. 23-047 (DP-2021-001) alternative parking RESOLUTION NO. 23-047
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE PROPOSED THE PROPOSED DEVELOPMENT OF A
BUILDING WITH 280,020- SQUARE- FOOT OFFICE SPACE AND 2,300 SQUARE
FEET OF RETAIL SPACE,WITH A DETACHED PARKING STRUCTURE
LOCATED AT 19191 VALLCO PARKWAY (APN: 316-20-117)
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2021-001
Applicant: Apple, Inc
Property Owner: Apple, Inc
Location: 19191 Vallco Parkway (APN: 316-20-117)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I of this resolution; 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 15183 for the reasons
set forth in the staff report dated March 28, 2023 and incorporated herein; and
WHEREAS, on March 28, 2023 the Planning Commission recommended on a 3-0 (Fung,
Lindskog recusing) vote that the City Council approve the Development Permit (DP-
2021-001) in substantially similar form to the Resolution presented (Resolution No. 2023-
03), approve the Architectural and Site Approval Permit (ASA-2021-003) in substantially
similar form to the Resolution presented(Resolution No. 2023-04), and approve the Tree
Removal Permit (TR-2021-020) in substantially similar form to the Resolution presented
(Resolution No. 2023-05); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application, and
WHEREAS, on April 13, 2023, the City Council held a public hearing to consider the
Project; and
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WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS,the applicant has met the burden of proof required to support the application
for a Development Permit.
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan and Zoning
Ordinance and has been designed to be compatible with and respectful of adjoining land uses,
including but not limited to wide setbacks from Calabazas creek, Vallco Parkway, and Tantau
Avenue, as well as providing landscaping along the building frontages to help mitigate any
massing impacts. Further, the City's environmental consultant, Placeworks, completed the
VP1 Apple Office Project CEQA Guidelines Section 15183 Checklist to analyze whether the
project would create any significant impacts beyond what was analyzed in the City's General
Plan EIR. The result was that the proposed project would also not result in potentially
significant cumulative impacts which were not evaluated in the General Plan EIR, as would
be expected for a project that is within the General Plan buildout and consistent with the
General Plan land use designations and policies. Therefore, the project will not be detrimental
or injurious to properties or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The General Plan land use designation for the property is Commercial/Office/Residential. The
proposed use is consistent with the General Plan in terms of use, height, slope line setback, as
well as allocation for Major Employers. Further, the development fits within many of land use
strategies and policies for the South Vallco Park portion of the Heart of the City Special Area
such as consistent mix of uses as well as activation of Vallco Parkway. The proposed
development has met the applicable development standards of the Heart of the City Specific
Plan, including outdoor open space and setbacks. The project is compliant with the Zoning
Ordinance as it relates to the provision of parking and compliance with Bird Safe and Dark
Sky regulations. The project is categorically exempt from the requirements of the California
Environmental Quality Act(CEQA)under CEQA Guidelines section 15183 as it is consistent
with development density established by the existing zoning, community plan, and general
plan policies for which the General Plan's Environmental Impact Report (EIR) was certified.
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Municipal Code section 19.124.060(C) allows for the use of alternative parking
standards if the following findings are made:
1. The literal enforcement of this chapter will result in restrictions inconsistent with
the spirit and intent of this chapter.
CMC Table 19.124.040(F) Regulations for Off-Street Parking allows for parking
requirements within that chapter to function as guidelines for projects in planned
development zoning districts. As the project site is within the P(MP, CG), the project site
may apply alternate parking standards. The planned development (P) zoning district is
intended to provide for a greater flexibility of land use intensity and design because of
accessibility, ownership patterns, topographical considerations, and community design
objectives. The planned development zoning district is further intended to encourage
creative approaches in land development; to provide a means of reducing the amount of
improvements required in development through better design and land planning, to
conserve natural features, to facilitate a more aesthetic and efficient use of open spaces, and
to encourage the creation of public or private common open space by establishing a process
to consider and approve conceptual and definitive plans that provide development
standards and regulations to advance these goals. The alternate parking standards are set
to encourage use of alternate modes of transportation while decreasing the reliance of single
occupancy vehicles. Reducing the amount of parking also preserves the amount of open
space on site as well as maintaining needed setbacks from Calabazas Creek, both of which
are standards within parking lot design within CMC 19.124.
2. The granting of the exception will not be injurious to property or improvements
in the area nor be detrimental to the public safety, health and welfare.
The alternate parking standards and the applicant's Traffic Demand Management (TDM)
program have been evaluated by the City's environmental consultant, Placeworks, in their
VP1 Apple Office Project CEQA Guidelines Section 15183 Checklist which
concluded that the project would not create any significant impacts beyond what was
analyzed in the City's General Plan EIR.
3. The exception to be granted is one that will require the least modification and the
minimum variance to accomplish the purpose.
The reduction to the required parking required through the standard Office requirement
compared to what is proposed is approximately a 9 percent reduction in spaces. The overall
goal of the project's TDM program is to achieve an alternate mode share of 34 percent,
consistent with the programming on the Apple Campus 2 project.
4. The proposed exception will not result in significant impacts to neighboring
properties.
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The project site is adjacent to similar Office type uses, including the majority being either
owned by Apple, or leased by Apple. The Project is Conditioned in this resolution to ensure
parking overflow can be prevented under the risk of monitoring by a third party selected
by the City to be paid for by the applicant.
5. The applicant submits a detailed parking study which demonstrates that the
proposed use is compatible with the proposed parking supply. Adjacent on-street
parking may be included in the parking supply.
The City's traffic consultant, Fehr & Peers, has evaluated the traffic demands of the
proposed development in their report VP1 Apple Office Project Local Transportation
Analysis, as well as Apple's Project Description. The applicant proposes to implement
an existing Traffic Demand Management (TDM) program that is currently in place for
several of their office sites within the City, such as the Apple Campus 2 site.
6. The project is owned or managed by a single entity.
The project site is owned and occupied by Apple.
7. If adjacent properties are used to share parking,they are in close proximity to each
other, and reciprocal parking and access easements and maintenance agreements
are recorded on the applicable properties to run with the land.
No reciprocal parking and/or access easements are proposed between adjacent properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 4 thereof, and those contained in all other Resolutions approved for
this Project, the City Council hereby:
1. Finds the project categorically exempt in CEQA Guidelines section 15183 for the
reasons set forth in the staff report dated March 28, 2023; and
2. Approve the adoption of alternative parking standards pursuant to Municipal
Code section 19.124.060(C); and
3. Approves the application for a Development Permit, Application No. DP-2021-
001; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based are contained in the Public Hearing record concerning Application
no. DP-2021-001 as set forth in the Minutes of the City Council Meeting of April 13, 2023
and are incorporated by reference as though fully set forth herein.
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated May 23, 2022 consisting of 61 sheets
labeled as Apple VP01: 19191 Vallco Parkway, Cupertino, CA 95014, A01.0 —
A11.0, C1.0—C8.1, and L01.0—L06.0, drawn by Studio Architects, Kier & Wright,
and The Guzzardo Partnership, and the Project Description as submitted by Apple
dated July, 2022, 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,
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-2021-020, and ASA-2021-003
shall be applicable to this approval.
4. DEVELOPMENT ALLOCATION
139,796 square feet of Major Employee allocation will be allocated to this project.
Further, 2,300 s.f. of commercial allocation is allocated from the Heart of the City
commercial allocation to this project.
5. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
about the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
7. BELOW MARKET RATE PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying the Below Market Rate linkage fee for Commercial use
concurrent with issuance of building permits at the rate in effect at that time. The
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current fee is $13.52 per net new square feet (-2,300 sq.ft.) for commercial use and
$32.06 per net new square feet (-139,796 sq.ft.) for office use.
8. TRAFFIC DEMAND MANAGEMENT
The applicant shall implement the transportation demand management (TDM)
strategies currently employed at Apple Campus 2 buildings to achieve as
described in Fehr & Peers' VP1 Apple Office Project Local Transportation Analysis,
dated January 10, 2022, and the project description provided by the applicant
dated July 2022. The TDM program shall achieve an alternative mode share of 34
percent consistent with the Apple Campus 2 project.
9. PARKING
The applicant shall provide a minimum ratio 1 space for every 311.5 sq. ft. in
conjunction with the implementation of a TDM Program pursuant to Condition 8
of this resolution. In the event of parking overflow, the City may require
monitoring of the effectiveness of the TDM program, which may result in changes
to the TDM program and/or other methods of achieving compliance with the
Municipal Code Standards. Monitoring shall be provided by a third-party
consultant retained by the City and paid for by the applicant.
Further, the applicant shall delineate 10 parking spaces for the commercial space.
10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project
in accordance with the City's Parking Regulations under Chapter 19.124 of the
Cupertino Municipal Code.
11. PUBLIC ART REQUIREMENT
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). The minimum expenditure for the artwork, including, but not
limited to design,fabrication, and installation is one (1)percent of the construction
valuation for the first $100 million on construction valuation, or 0.9% of
construction valuation for valuation in excess of $100 million. The project pro
forma shall be provided to the City to confirm the project budget. The 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 prior to final occupancy. In the event the developer
or property owner determines that the placement of artwork on a particular
property may not be feasible, the developer or property owner may apply to the
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City for an in-lieu payment alternative as indicated in Chapter 19.148 of the
Cupertino Municipal Code, subject to review of the Fine Arts Commission and the
City Council. The in lieu payment shall be 1.25% of the construction valuation.
12. 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 occupancy.
13. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
A demolition and construction management plan shall be submitted and reviewed
prior to building permit issuance. Prior to commencement of construction
activities, the applicant shall arrange for a pre-construction meeting with the
pertinent departments (Building, Planning, and Public Works) to review the
prepared construction management plan, to ensure that construction complies
with the conditions of approval, staging of construction equipment is appropriate,
tree protection measures are in place,public access routes are identified, and noise
and dust control measures are established. The plan shall include but not be
limited to the following:
a. Appropriate construction staging area
b. Hours of construction
c. Compliance with the City noise ordinance
d. Best management practices
e. Staging of construction equipment shall not occur within 100 feet of any
residential property.
f. Any other measures as determined to be appropriate by the Director of
Community Development
14. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
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Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during nighttime period as defined in Section 10.48.053(b) of the
Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
15. 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. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria.
16. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the Building Official and the Fire Marshall or their designee that the
proposed plans comply with Building and Fire Codes in effect at the time of
application for a building permit.
17. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The
plan shall specify locations of trash facilities, refuse pick up schedules and truck
delivery schedules and routes. 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 for review and approval prior to issuance of building
permits.
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18. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
19. ROOFTOP 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.
20. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
21. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
Future changes to the exterior building materials/treatments must be reviewed
and approved by the Property Owner's Association. However, any changes to the
building materials that do not match the approved materials shall require an
amendment to this permit or a new permit.
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22. BIRD SAFE FENESTRATION
Consistent with CMC 19.102.030, the development shall implement the bird safe
fenestration and glass requirements. The applicant, prior to issuance of Building
Permits,may submit for an Alternative Compliance Method in which the property
owners/applicants may propose an alternate compliance method recommended
by a qualified biologist to meet the requirements and intent of CMC 19.102.030.
The alternate compliance method shall be peer-reviewed by a third-party
consultant, paid for by the applicant, and subject to the approval of the Director of
Community Development.
23. DARK SKY COMPLIANCE AND BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe
Development Requirements and Section 19.102.040 Outdoor 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. The final lighting
plan (including a detailed photometric plan) shall be reviewed and approved by
the Director of Community Development, prior to building permit issuance. A
report from a licensed lighting engineer may be required to confirm all exterior
lighting throughout the site complies with the City's Ordinance.
24. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City's
Community Noise Control Ordinance at all times. Installation of any mechanical
or other equipment shall be evaluated to determine that the installation meets the
City's Community Noise Control Ordinance. Any documentation or studies
required to determine this shall be provided by the applicant as his/her sole
expense. Should the project exceed any of the stipulated maximum noise levels
outlined in the City's Community Noise Control Ordinance, an acoustical
engineer may be required to submit noise attenuation measures to the satisfaction
of the Director of Community Development at the applicant's expense.
25. INDEMNIFICATION
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,
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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.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment)if made necessary
by proceedings 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.
26. 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),
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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. STREAMSIDE PERMIT
The project may be subject to applying for a Streamside Modification Permit due to
its proximity to Calabazas Creek. The purpose of this permit is to ensure that the
project does not adversely impact the adjacent creek.
2. STREET IMPROVEMENTS
Frontage improvements along the project will be required to the satisfaction of the
Director of Public Works. Street improvements, grading and drainage plans must be
completed and approved prior to issuance of Building Permit.
Street improvements may include,but not be limited to,new detached sidewalk, new
ADA ramp, driveways, storm drain lateral, street tree installations or replacements,
street light and pedestrian push button relocations and/or upgrades, removal and
replacement of broken or uplifted concrete and/or failed AC pavement, and the
sawcut and removal of concrete within the parkstrip. All improvements must be
completed and accepted by the City prior to Building Final Occupancy or Street
Improvement Encroachment Permit acceptance whichever comes first.
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
3. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications,easements, quitclaims and other property rights and interests on
behalf of the City.
4. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the Director of Public Works. All
improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
5. PEDESTRIAN AND BICYCLE IMPROVEMENTS
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Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and
the Pedestrian Transportation Plan, as designated and approved by the Director of
Public Works. All improvements must be completed and accepted by the City prior
to Building Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
6. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public
Works. 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.
7. 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
and 404 permits maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
8. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and
satisfy any requirements from the environmental analysis. 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 Final Map
approval.
9. C.3 REQUIREMENTS
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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, 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.
10. DEVELOPMENT FEES &BONDS
The project developer shall provide 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 fees shall be executed and paid prior to issuance of
Building permit.
Fees:
a. Checking &Inspection Fees: Per current fee schedule ($9,254 or 6% of
improvement costs)
b. Grading Permit: Per current fee schedule (greater of$3,683
or 6% of improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($11,444 per AC)
d. Transportation Impact Fee: Per current fee schedule: ($19.15 per sq ft
new office +$10.94 per sq ft new retail)
e. Encroachment Permit Fee: Per current fee schedule ($3,304)
f. Storm Management Plan Fee Per current fee schedule ($1,670)
g. Streamside Permit Fee Per current fee schedule($453)
h. Street Tree Fee: By Developer or Per current fee schedule:
$481 per tree
Bonds:
a. Encroachment Bond: 100% of Off-site Improvements
b. On-site Grading Bond: 100% of site improvements.
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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.
11. TRANSPORTATION IMPACT FEES
The Project is subject to the payment of Transportation Impact Fees under City's
Transportation Impact Fee Program(Chapter 14.02 of the Cupertino Municipal Code).
12. SURVEYS
A Topographic &Boundary Survey and a horizontal control plan will be required for
all new construction to ensure the proposed building will be set based on the
boundary survey and setback requirements.
13. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works
Guidelines posted at www.cupertino.org/nowaste , and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is
required prior to obtaining a building permit. (CMC 9.18.210 H & K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
14. 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 Director of Public Works.
15. TRANSFORMERS & CABINETS
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
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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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Traffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
22. STREET TREES
Resolution No. 23-047
Page 17
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
24. 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).
25. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
26. 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.
27. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. FIRE SPRINKLERS REQUIRED:
An approved automatic sprinkler system shall be provided throughout all new
buildings and structures. Exceptions: Buildings and structures that do not exceed
1,000 SF of building area.
2. FIRE HYDRANT SYSTEMS REQUIRED
Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access
road, as measured by an approved route around the exterior of the facility or building,
Resolution No. 23-047
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onsite fire hydrants and mains shall be provided where required by the fire code
official. Exception: For Group R-3 and Group U occupancies the distance
requirement shall be 600 feet. For buildings equipped throughout with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or
903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section
507.5.11
3. REQUIRED FIRE FLOW
The fire flow for this project is 8000 GPM at 20 psi residual pressure. If an
automatic fire sprinkler system will be installed, the fire flow will be reduced by 75%,
establishing a required adjusted fire flow of 2000 GPM at 20 psi residual pressure.
Note: The minimum required number and spacing of the hydrants shall be in
accordance with CFC Table C102.1.
4. BUILDINGS AND FACILITIES ACCESS
Approved fire apparatus access roads shall be provided for every facility,building or
portion of a building hereafter constructed or moved into or with the jurisdiction. The
fire apparatus access road shall comply with the requirements of this section and shall
extend to within 150 feet of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around the
exterior of the building or facility. [CFC, Section 503.1.1].
5. STANDPIPES REQUIRED
Standpipe systems shall be provided in new buildings and structures in accordance
with this section. Fire hose threads used in connection with standpipe systems shall
be approved and shall be compatible with fire department hose threads. The location
of fire department hose connections shall be approved. Standpipes shall be manual
wet type. In buildings used for high-piled combustible storage, fire hose protection
shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall
be installed in accordance with this section and NFPA 14 as amended in Chapter 47.
CFC Sec. 905
6. 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 systems, 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
Resolution No. 23-047
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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). 2019 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7.
7. REQUIRED SECONDARY FIRE DEPT. ACCESS
Commercial and Industrial Developments
a. Buildings exceeding three stories or 30 feet in height. Buildings or facilities
exceeding 30 feet (9144 mm) or three stories in height shall have a least two means
of fire apparatus access for each structure.
b. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a
gross building area of more than 62,000 square feet (5760 mm) shall be provided
with two separate and approved fire apparatus access roads.
c. Exception:Projects having a gross building area of up to 124,000 square feet(11520
mm)that have a single approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler systems. Multi-Family
Residential Developments (R-1 & R-2 occupancies) 1. Multi-family residential
projects having more than 100 dwelling units shall be equipped throughout with
two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as
adopted and amended by CUPMC.
8. REQUIRED AERIAL ACCESS
a. Where required: Buildings or portions of buildings or facilities exceeding 30 feet
(9144 mm) 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.
b. Width: Fire apparatus access roads shall have a minimum unobstructed width of
26 feet(7925)in the immediate vicinity of any building or portion of building more
than 30 feet (9144 mm) in height.
c. Proximity to building: At least one of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572) and a maximum of
30 feet (9144mm) from the building, and shall be positioned parallel to one entire
side of the building, as approved by the fire code official.
9. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADWAY REQUIRED
Provide an access roadway with a paved all-weather surface, a minimum
unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum
circulating turning radius of 60 feet outside and 31 feet inside, and a maximum slope
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of 15%.Surface shall be capable of supporting 75K pounds.Installations shall conform
to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
10. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND
Provide an approved fire department engine roadway turnaround with a minimum
radius of 36 feet outside and 23 feet inside. Installation shall conform to Fire
Department Standard Details and Specification sheet A-1. Cul-de-sac. CFC Sec. 503 as
adopted and amended by CUPMC. Circulating fire lane shown on Sheet C4 with
conforming radii of turns for an aerial apparatus proximal to the structure exceeding
30-feet in height.
11. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop
drawings(3 sets) and a permit application to the SCCFD for approval before installing
or altering any system.
12. EMERGENCY RADIO RESPONDER COVERAGE
All new buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. This section
shall not require improvement of the existing public safety communication
systems. CFC Sec. 510.1 .
13. TWO-WAY COMMUNICATION SYSTEM
Two-way communication systems shall be designed and installed in accordance with
NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California
Fire Code (2016 edition), the California Building Code (2016 edition), and the
city ordinances where two-way system is being installed, policies, and standards.
Other standards also contain design/installation criteria for specific life safety related
equipment. These other standards are referred to in NFPA 72. Provide two-way
communication system.
14. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and our Standard Detail and Specification SI-7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
15. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers,building numbers
or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast
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with their background. Where required by the fire code official, address numbers
shall be provided in additional approved locations to facilitate emergency response.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1
16. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS
Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for lifesaving or firefighting
purposes, the fire code official is authorized to require a key box to be installed in
an approved location. The Knox Key Box shall be a of an approved type and shall
contain keys to gain necessary access as required by the fire code official.
17. LOCKS
An approved Knox Lock shall be installed on gates or similar barriers when required
by the fire code official. Key box maintenance. The operator of the building shall
immediately notify the fire code official and provide the new key when a lock is
changed or re-keyed. The key to such lock shall be secured in the key box. [CFC Sec.
506].
18. FIRE DEPARTMENT CONNECTION
The fire department connection (FDC) shall be installed at the street on the street
address side of the building. It shall be located within 100 feet of a public fire hydrant
and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due
to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-
and-one-half (2- 1/2") inch national standard threaded inlet couplings. Orientation of
the FDC shall be such that hose lines may be readily and conveniently attached to the
inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2
Standard].
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 13th day of April, 2023,by the following vote:
Resolution No. 23-047
Page 22
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Z� 4/20/23
Hung Wei, Mayor Date
City of Cupertino
ATTEST:
�- --— 4/20/23
Kirsten Squarcia, City Clerk Date