PC Resolution 6957 (TM-2021-006) CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6957
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF
ONE PARCEL INTO SIX INDIVIDUAL PARCELS LOCATED AT
20860 MCCLELLAN ROAD (APN: 359-20-030)
The Planning Commission recommends that the City Council approve the Tentative
Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 131h day of September 2022, by the following roll call vote:
AYES: Scharf, Madhdhipatla, Saxena
NOES: Kapil, Wang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Piu Ghosh Steven Scharf
Planning Manager Planning Commission Chair
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6957
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF
ONE PARCEL INTO SIX INDIVIDUAL PARCELS LOCATED AT
20860 MCCLELLAN ROAD (APN: 359-20-030)
The Planning Commission recommends that the City Council approve the Tentative
Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit TM:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 13f day of September 2022,by the following roll call vote:
AYES: Scharf, Madhdhipatla, Saxena
NOES: Kapil, Wang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Piu Ghosh Steven Scharf
Planning Manager Planning Commission Chair
EXHIBIT TM
RESOLUTION NO.
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A TENTATIVE MAP TO ALLOW
THE SUBDIVISION OF ONE PARCEL INTO
SIX INDIVIDUAL PARCELS LOCATED AT
20860 MCCLELLAN ROAD (APN: 359-20-030)
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2021-006
Applicant: District McClellan LLC, c/o Alok Damireddy
Location: 20860 McClellan Road; APN#359-20-030
SECTION II: FINDINGS FOR A TENTATIVE MAP:
WHEREAS, the City of Cupertino received an application for a Tentative Map
(Application No. TM-2021-006) as described in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on September 13, 2022, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the Infill Exemption Memorandum along with all staff reports,
other pertinent documents, and all written and oral statements received prior to and at
the public hearing; and
WHEREAS,on September 13,2022 the Planning Commission recommended on a 3-2 vote
that the City Council find the project exempt from CEQA and approve Tentative Tract
Map (TM-2021-006 in substantially similar form to the Resolution presented (Resolution
No. ); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, all necessary public notices having been given as required by the Municipal
Code of the City of Cupertino and the Government Code, and on October 2022, the
City Council held a public hearing to consider the Tentative Map; and
WHEREAS,the applicant has met the burden of proof required to support the application
for a Tentative Map; and
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WHEREAS, the City Council finds as follows with regard to this application:
1. That the proposed subdivision map is consistent with the City of Cupertino General
Plan.
The subject property has been determined to be consistent with the General Plan. The proposed
project complies with General Plan policies that include density, maximum building height,
building design, site planning, and frontage improvements.
2. That the design and improvements of the proposed subdivision are consistent with
the General Plan.
The off-site improvements are consistent with the City's General Plan policies related to
pedestrian and bicycle safety etc. by improving the street frontage and minimizing curb-cuts.
3. That the site is physically suitable for the type development contemplated under the
approved subdivision.
The proposed subdivision is compatible with the adjoining land uses and no physical
constraints are present that would conflict with anticipated land use development. There are
no topographical anomalies that differentiate this property from adjacent properties. The site
is located on the valley floor, as well as not listed within any environmentally sensitive zone.
4. That the site is physically suitable for the intensity of development contemplated
under the approved subdivision.
The subject property is physically suitable in size and shape in conformance to development
standards and is appropriately configured to accommodate single family residential
development.
5. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish
and wildlife or their habitat.
The proposed subdivision design and improvements are not likely to cause serious public health
problems nor substantially injure fish and wildlife or their habitat because the property is a
developed site and located in an urbanized area where residential land use is allowed.
6. That the design of the subdivision or the type of improvements associated therewith
are not likely to cause serious public health problems.
The proposed development is designed to meet development standards and applicable codes and
regulations. Any potential environmental impacts associated with the project are to be
mitigated as part of the project approval. Therefore, the design of the subdivision and necessary
improvements are not likely to cause serious public health concerns.
EXHIBIT TM
7. That the design of the subdivision and its associated improvements will not conflict
with easements acquired by the public at large for access through or use of property
within the proposed subdivision.
No easement or right-of-way exists currently that would be impeded or conflict with the
proposed subdivision.
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 3 thereof, and those
contained in all other Resolutions approved for this Project,the City Council does hereby:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15332. Section 15332 exemption applies
projects characterized as in-fill development meeting the following criteria:
a. The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations.
b. The proposed development occurs within the city limits on a project site of no
more than five acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.
Therefore, the proposed project is consistent with the criteria stated above (Section
15332) and as discussed in the Infill Exemption Memorandum prepared for the
project, will not have a significant effect on the environment.
2. Approve the application for a Tentative Map, Application No. TM-2021-006, and
3. Find 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. TM-2021-006 as set forth in the Minutes of the City Council Meeting
of MONTH DAY, YEAR and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "District McClellan ", consisting of one
hundred and twenty-nine (129) sheets except as may be amended by conditions in
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this resolution. In the event there are conflicts between the floor plan, cross sections
and elevation drawings, the elevation drawings take precedence.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3. 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 property data may invalidate this approval and may
require additional review.
4. 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.
5. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TM-2021-006, R-2021-040 to R-2021-
045, and RM-2022-015 to -016, -022 to -025.
6. CITY'S BELOW MARKET RATE (BMR) HOUSING PROGRAM
Prior to issuance of Building Permits, the applicant shall participate in the City's
Below Market Rate (BMR) Housing Program by paying the Below Market Rate
residential mitigation fee for five (5) new single-family homes concurrent with
issuance of building permits at the rate in effect at that time. The current fee is $20.00
per net new s.f. The fee will be calculated based on the weighted average of the floor
area (excluding garage) for each home.
7. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to submit
a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects
with landscape area between 500 square feet and 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Application shall be reviewed
and approved to the satisfaction of the Director of Community Development prior to
issuance of building permits, and additional requirements per sections 14.15.040 D, E,
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F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved
prior to final inspections.
8. 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.
9. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be kept
damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. 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.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. 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.
f. 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.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. 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.
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The applicant shall incorporate the City's construction best management practices
into the building permit plan set prior to any grading, excavation, foundation or
building permit issuance.
10. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
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 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 the 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. Night time
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.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
11. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required by
the federal Migratory Bird Treaty Act and the California Department of Fish and
Game Code.
a. Construction and tree removal/pruning activities shall be scheduled to avoid the
nesting season to the extent feasible. If feasible, tree removal and/or pruning shall
be completed before the start of the nesting season to help preclude nesting. The
nesting season for most birds and raptors in the San Francisco Bay area extends
from February 1 through August 31. Preconstruction surveys (described below)
are not required for tree removal or construction activities outside the nesting
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period. If construction activities and any required tree removal occur during the
nesting season (February 1 and August 31), a qualified ornithologist shall be
required to conduct surveys prior to tree removal or construction activities.
Preconstruction surveys shall be conducted no more than 14 days prior to the start
of tree removal, pruning or construction. Preconstruction surveys shall be
repeated at 14-day intervals until construction has been initiated in the area after
which surveys can be stopped. During this survey, the ornithologist shall inspect
all trees and other possible nesting habitats in and immediately adjacent to the
construction areas for nests.
b. If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work areas to
be disturbed by these activities,their locations shall be documented and protective
measures implemented under the direction of the qualified ornithologist until the
nests no longer contain eggs or young birds.
c. Protective measures shall include 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, 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
biologist, if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified 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.
d. 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 submitted to the Planning Manager, through the building
permit review process, and be completed to the satisfaction of the Community
Development Director prior to the start of grading.
12. GEOLOGY AND SOILS
All grading and foundation plans for the proposed project shall be designed by a Civil
and Structural Engineer, peer-reviewed by a third-party qualified Geotechnical
Engineer,paid for by the applicant, and reviewed and approved by the City Engineer,
and Chief Building Official, prior to issuance of building permit or grading permit,
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whichever comes first, to ensure that all geotechnical recommendations specified in
the Geotechnical Investigation prepared for the proposed project by GeoEngineering
Consultants are properly incorporated and utilized in the project design.
13. HAZARDS AND HAZARDOUS MATERIALS PHASE II RECOMMENDATIONS
Prior to initiation of demolition or construction activities, the project applicant shall
comply with all applicable recommendations within the Limited Phase II ESA
prepared for the proposed project by ReDevelop Inc. including the excavation and
proper disposal of OCP impacted soils, the development of a Health and Safety Plan
to protect workers during grading and construction activities, and the installation of
vapor barrier protection for residences. OCP-impacted soils located within the project
site shall be removed to a depth of one foot and off-hauled by a licensed hazardous
waste contractor (Class A) and contractor personnel that have completed 40-hour
OSHA hazardous training. The soil shall be disposed of appropriately in accordance
with applicable federal, State, and local regulations associated with hazardous waste.
That the applicant has complied with the recommendations shall be verified by the
City of Cupertino Community Development Department and the Santa Clara County
Environmental Health Department through their Voluntary Cleanup Program, prior
to the issuance of the first grading and/or building permit.
14. HAZARDS AND HAZARDOUS MATERIALS ASBESTOS AND/OR LEAD
ASSESSOR CONSULTATION
Prior to issuance of a demolition permit for on-site structures, the project applicant
shall consult with certified Asbestos and/or Lead Risk Assessors to complete and
submit for review to the Building Department an asbestos and lead survey.If asbestos
containing materials or lead-containing materials are not discovered during the
survey, further mitigation related to asbestos-containing materials or lead containing
materials shall not be required. If asbestos containing materials and/or lead-
containing materials are discovered by the survey, the project applicant shall prepare
a work plan to demonstrate how the on-site asbestos-containing materials and/or
lead-containing materials shall be removed in accordance with current California
Occupational Health and Safety (Cal-OSHA) Administration regulations and
disposed of in accordance with all CalEPA regulations,prior to the demolition and/or
removal of the on-site structures. The plan shall include the requirement that work
shall be conducted by a Cal-OSHA registered asbestos and lead abatement contractor
in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and
lead training, engineering controls, and certifications. The applicant shall submit the
work plan to the City of Cupertino for review and approval. The City has the right to
defer the work plan to the Santa Clara County Department of Environmental Health
for additional review. Materials containing more than one (1) percent asbestos that is
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friable are also subject to BAAQMD regulations. Removal of materials containing
more than one (1) percent friable asbestos shall be completed in accordance with
BAAQMD Section 11-2-303.
15. 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.
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.
16. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
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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
17. CHERRYLAND HOA
The existing Cherryland CC&Rs acknowledges the granting of a reciprocal easement
of the private road for a future development of the western lot. Prior to Final Map
approval as reviewed and approved by the Public Works Department, the developer/
applicant shall establish an agreement with the Cherryland HOA for ingress/egress
and for maintenance that covers the fully widened private roadway Cherryland
Drive. The agreement should consider how the private Cherryland Drive would be
assessed for tax purposes to the adjacent property owners if the private drive were to
be merged into one parcel.
18. LOT LINE ADJUSTMENT
Prior to issuance of Building Permits, the developer/applicant shall work with the
Cherryland HOA to obtain consensus for, and to prepare, a lot line adjustment to
create one parcel for the fully widened private Cherryland Drive.
Developer/applicant shall submit the necessary documentation and fees to the Public
Works Department for review and approval during building permit phase. The lot
line adjustment would be executed after recordation of the Cherryland HOA
Agreement and Final Map recordation.
19. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and frontage improvements along McClellan Road
will be required to the satisfaction of the Director of Public Works. Street
improvement plans and grading and drainage plans must be completed and
approved prior to Final Map approval as reviewed and approved by the Public Works
Department.
Street improvements may include, but not be limited to, removal of existing
driveways, new curb and gutter, new ADA ramp, storm drain system modifications,
street tree installations, and joint pole relocation. 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 during review of the plans and shall be
incorporated prior to Final Map approval as reviewed by the Public Works
Department.
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20. 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.
21. 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.
22. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Prior to issuance of Building Permits, the developer shall provide/demonstrate the
location of pedestrian and bicycle related improvements including,but not limited to,
modifications to the raised island along McClellan Road due to the existing driveway
removals and to meet trash collection requirements, consistent with the Cupertino
Bicycle Transportation Plan and the Pedestrian Transportation Plan, and as 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.
23. STREET LIGHTING INSTALLATION
Prior to issuance of Building Permits, the developer/applicant shall demonstrate on
the plans that lighting fixtures are 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. Street lighting
shall be installed and shall be approved by the Director of Public Works prior to
Building Final Occupancy.
24. GRADING
Prior to issuance of Building or Grading Permits, the developer/applicant shall
demonstrate that grading is in accordance with Chapter 16.08 of the Cupertino
Municipal Code and shall be reviewed and approved by the Director of Public Works.
401 Certifications and 404 permits may also be required. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
25. DRAINAGE
Prior to issuance of Building Permits, the developer/applicant shall demonstrate
drainage designs and proposals to be reviewed and approved to the satisfaction of
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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.
26. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
10,000 S.F.or more of impervious surface(collectively over the entire project site). The
developer/applicant shall submit plans to be reviewed and approved by the Public
Works Department that verify a minimum reservation 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, as reviewed and approved by the Director of Public Works prior to
issuance of Building Permits.
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.
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27. SUBDIVISION AGREEMENT
The project developer/applicant shall enter into a subdivision 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 and fees shall be executed and paid prior to Final Map
approval as reviewed and approved by the Public Works Department.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($4,947 or 5% of
improvement costs)
b. Grading Permit: Per current fee schedule ($3,683 or 6% of
improvement costs)
c. Tract Map Fee: Per current fee schedule ($12,306)
d. Storm Drainage Fee: Per current fee schedule ($4,250 per AC+
$322 per unit)
e. Transportation Impact Fee: Per current fee schedule ($6,797 per unit)
f. Encroachment Permit Fee: Per current fee schedule ($3,304)
g. Park Fees: Per current fee schedule ($105,000 per unit)
h. Storm Management Plan Fee Per current fee schedule ($1,670)
i. Street Tree Fee: By Developer or Per current fee schedule:
$481 per tree
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. 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.
28. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior to
issuance of building permits. Existing buildings must be demolished prior to
recordation of the final map as building(s) cannot straddle between lot lines and will
be reviewed and approved by the Public Works department prior to recordation of
final map.
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29. 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)
and payment shall be provided prior to issuance of Building Permits.
30. PARKS
The residential units are subject to the payment of parkland fees in-lieu of parkland
dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code and
payment shall be provided prior to issuance of Building Permits.
31. SURVEYS
Prior to issuance of Building Permits, 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.
32. 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 issuance of a building permit. (CMC 9.18.210 H &K)
If the project requires trash collection along Cherryland Drive, the applicant and the
adjacent Cherryland HOA shall enter into an agreement with the City prior to Final
Map approval 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.
33. OPERATIONS &MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to Final Map approval as reviewed and approved by the Public Works
Department. 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, landscaping, street trees, sidewalk, pavers, and streetlights.
34. 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
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underground provisions to be reviewed and approved prior to issuance of Building
Permits. Said plans shall be subject to prior approval of the affected Utility provider
and the Director of Public Works.
35. 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 and prior to issuance of Building Permits.
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.
36. WATER BACKFLOW PREVENTERS
Prior to issuance of Building Permits, the 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.
37. 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 as reviewed and approved by the
Public Works Department prior to issuance of Building Permits.
38. 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. Provide documentation to be
reviewed and approved by the Public Works Department, prior to issuance of
Buildings Permits.
39. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer prior to issuance of Building, Demolition, or Grading Permits. This plan
should include all erosion control measures used to retain materials on site. Erosion
control notes shall be stated on the plans.
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40. 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.
41. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City prior to issuance of Building Permits. 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.
42. STREET TREES
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. Street tree locations shall be reviewed and approved by the
Public Works Department prior to issuance of Building Permits.
43. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
prior to issuance of Buildings Permits.
44. 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).
45. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed and shall be reviewed and approved prior to issuance of
Building Permits.
46. SAN LOSE WATER SERVICE COMPANY CLEARANCE
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Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers prior to
Final Map approval as reviewed and approved by the Public Works Department.
47. 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. Documentation for quit claim shall be provided to the Public Works
Department for review and approval prior to final map approval as reviewed and
approved by the Public Works Department.
48. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be
obtained from the Cupertino Sanitary District prior to Final Map approval as
reviewed and approved by the Public Works Department.
49. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be
required prior to Final Map approval as reviewed and approved by the Public Works
Department.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
50. FIRE DEPT. APPARATUS ACCESS ROADWAYS
Prior to issuance of final map approval as reviewed and approved by the Public
Works Department, all such roadways shall be minimum 20 feet in width,a minimum
vertical clearance of 13' 6", maximum grade of 15%, with a minimum circulating
outside radius of 42'. Cul-De-Sac diameters shall be no less than 72 feet. CFC Sec. 503.
All such roadways shall be capable of supporting a maximum imposed load of 75,000
pounds and where a bridge or an elevated surface is part of a fire apparatus access
road, the bridge shall be constructed and maintained in accordance with AASHTO
HB-17. The minimum requirements are found in the currently adopted edition of the
California Fire Code Sec. 503, as identified in the SCCFD SD&S A-1.
51. FIRE PLANS REQUIRED
Where required by the Fire Code Official and shall be reviewed and approved prior
to issuance of Building Permits, fire apparatus access roads shall be designated and
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marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code and
the SCCFD A-6 Standard.
52. PARKING
Prior to issuance of Building Permits,the developer/applicant shall demonstrate when
parking is permitted on streets, in both residential/commercial applications, it shall
conform to the following:
A. Parking is permitted both sides of the street with street widths of 36 feet or more
B. Parking is permitted on one side of the street with street widths of 28—35 feet
C. No parking is permitted when street widths are less than 28 feet
Prior to issuance of building permits, the applicant shall clearly indicate on the plans
all areas where on street parking is proposed. Include widths of the roadway, widths
of the parking spaces and how any no-parking sections will be marked as shown on
the plans prior to issuance of Building Permits.
53. FIRE HYDRANT SYSTEMS REQUIRED
Prior to issuance of Building Permits, the developer/applicant shall demonstrate that
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,
onsite fire hydrants and mains shall be provided where required by the fire code
official. Exception: For Group R-3 and Group U occupancies, 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 507.5.1]. Proposed parcels are all located within 600 feet of the
existing fire hydrant.
54. REQUIRED FIRE FLOW
Documentation from the local water purveyor confirming the required fire flow @ 20
psi, based upon the SF of the largest proposed residence, shall be provided prior to
building permit issuance. Fire flow shall be confirmed at plan review of Building
Permits.
SECTION VI: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL SERVICES
DIVISION
55. ENVIRONMENTAL DIVISION STANDARDS
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Prior to issuance of Building permits, the applicant shall comply with the additional
requirements related to construction and demolition waste recycling and PCB mitigation
during the building permit review phase.
CITY ENGINEER'S CERTIFICATE OF
ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. of
this Resolution conform to generally accepted engineering practices.
Chad Mosley, Assistant Director of Public Works
City Engineer CA License 66077
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this X day of X, XXXX by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Darcy Paul, Mayor Date
City of Cupertino
ATTEST:
Date
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Kirsten Squarcia, City Clerk