DIR-2024-003 - Action LetterCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Luke Connolly, Assistant Director of Community Development
Prepared by: Gian Paolo Martire, Senior Planner
Date: May 20, 2024
Subject: Director’s Minor Modification, DIR-2024-003, to add a water tank and pump to meet Fire Department water pressure standards under permits BLD-2022-1936, 1956 & 2342 for a proposed
self-storage facility located at 10655 Mary Avenue. (APN 326-06-050).
Chapter 19.164 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission
in time to allow an appeal of the decision within fourteen calendar days.
DISCUSSION
The Loc-n-Store Self Storage site is bordered by Interstate 280 (I-280) to the north, the Mary Avenue Bridge path and residential uses to the east, and the City of Cupertino Corporation
Yard to the south. The existing development has a total building area of 59,546 spread throughout seven (7) single story drive-up buildings. The existing facility includes storage units
and a manager’s apartment.
Background
On January 18, 2022, City Council approved a redevelopment project (DP-2019-05, ASA-2019-05, EXC-2019-04, and TR-2019-048) for the existing storage facility site with three (3) new storage
buildings and the retention of one (1) existing storage building for a total building area of 166,845 square Feet. During the Building Permit Review of the project (BLD-2022-1936,
1956 & 2342), Santa Clara County Fire commented that the required water flow (2,000 gpm) to the site supplied by San Jose Water Company is not being met. To meet the water flow standard,
the applicant is proposing to add a 65,000-gallon water tank and pump onsite.
Analysis
The applicant now requests approval of a 65,000-gallon water tank and pump house to the previously approved self-storage facility in order to meet the Santa Clara County Fire Department’s
water pressure standard of 2,000 gpm. The proposed water tank is 30-feet in diameter and 17-feet high, constructed of corrugated metal and painted to match the colors of the proposed
self-storage buildings. The 150 square foot pump house, located directly adjacent to the water tank, will be constructed of concrete masonry units (CMU) and stand approximately 8-feet
tall. Like the water tank, the pump house will be painted to match the self-storage buildings.
As identified in Figure 1, the new structures will be located adjacent to Building C, on the eastern edge of the parcel. They will have minimal visibility from Mary Avenue. No trees
are proposed for removal and no parking spaces will be lost due to their location. The City’s Public Works Department, the Building Division, and the Santa Clara County Fire Department
have all reviewed the plans for the water tank and pump house and approved them, subject to the Conditions of Approval.
ACTION
The Director of Community Development deems the modification minor and approves the project with the following conditions of approval:
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED EXHIBITS
Approval is based on exhibits titled: “Bay Area Self Storage” located at 10655 Mary Avenue prepared by Cubix Construction LLC, dated March 8, 2024, consisting of two (2) sheets labeled
FT1 and FT2, except as may be amended by the conditions contained in this resolution.
ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review.
BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building permits, or building permit revisions, prior to commencement of work.
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.
CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless superseded by or in conflict with subsequent conditions of approval and as specifically amended
by this Director’s Minor Modification approval.
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, 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.
NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions.
SECTION II: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT
TANK CAPACITY
The fire protection water tank capacity shall be sized to meet the previously specified fire flow of 2,000 gallons per minute for two hours, per 10/21/20 comments, issued for DP-2019-05.
As such, minimum tank capacity appears to be 83,400 gallons (allowing for 1,305 gpm refill rate), which shall be verified at time of tank building permit review.
TANK DESIGN
The proposed water tank shall be designed and constructed in compliance with the 2018 edition of NFPA 22, Standard for Water Tanks for Private Fire Protection. Note: Corrugated galvanized tanks
may not be directly comply with NFPA 22, so a different tank type may be required.
BUILDING PERMIT SUBMISSION
All water storage tank construction documents shall be submitted for technical review as a unique building permit submittal to the Building Department for structural review and routed
to the Santa Clara County Fire Department for validation of NFPA 22 compliance. Further:
The revised water storage analysis and PC#23-4946 response letter shall be a resubmittal to SCCFD to resolve the previously requested alternate means/methods application.
Subsequent to technical review/approval (per above comment), the water storage analysis shall be replicated in the building permit construction documents.
The proposed fire pump and fire pump house shall meet all applicable requirements of 2019 CFC 913 and 2016 NFPA 20.
A separate building permit shall be required for the pump house that shall be routed to SCCFD For review and approval prior to construction.
The revised building permit construction documents shall clearly identify separate or deferred submittals for the water tank, fire pump and fire pump house, in addition to all other
previously identified separate/deferred submittal items.
This approval of the modification is effective May 20, 2024. The fourteen-calendar day appeal period will expire on June 3, 2024.
Enclosures:
Plan Set