CC Resolution No. 25-053 approving Development Permit (DP-2024-002)
RESOLUTION NO. 25-053
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT FOR A PROPOSED RESIDENTIAL
DEVELOPMENT WITH 59 TOWNHOME-STYLE CONDOMINIUM UNITS AND
THE REMOVAL AND REPLACEMENT OF 45 DEVELOPMENT TREES LOCATED
AT 20770, 20830, AND 20840 STEVENS CREEK BLVD (APNS: 359-08-025, -026, -027,
AND-028 (PARTIAL))
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2024-002
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
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, 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 June 10, 2025, 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 June 10, 2025 the Planning Commission recommended on a 5-0 vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. 2025-09), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. 2025-10), approve the Architectural and Site Approval Permit (ASA-
2024-005) in substantially similar form to the Resolution presented (Resolution No. 2025-
11), approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to
the Resolution presented (Resolution No. 2025-12), and approve the Tree Removal Permit
(TR-2024-024) in substantially similar form to the Resolution presented (Resolution No.
2025-13); and
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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, 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.; and
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, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with
adjoining land uses, including but not limited to wider setbacks from the single-family
residences on the southern property line, as well as providing landscaping along the building
frontages to help mitigate potential massing impacts and compatible with the existing
streetscape. The project is conditioned to comply with the Environmental Protection Standards
of Cupertino Municipal Code Chapter 17.04. In addition, under the CEQA Guidelines section
15332 (Infill Development Projects), the project has been found to be Categorically Exempt
from CEQA as further documented in the memorandum prepared by the City’s environmental
consultant, PlaceWorks. The project must meet all Fire and Building Code requirements,
which will be further reviewed prior to issuance of building permits. 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 with
a maximum residential density of 25 dwelling units per acre at the time of submittal of an
SB330 Preliminary Application for the project in January 2024. The residential use at the
proposed 20.34 dwelling units per acre is consistent with the General Plan in terms of density
pursuant to state law, even though a portion of the property has a higher density at the date of
approval of this project. The applicant is requesting concessions for the development of this site
with exclusively residential uses and is requesting waivers for height, setback, lot coverage,
and parking design, as required by the Heart of the City Specific Plan’s and the City’s
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Municipal Code standards. The proposed development has met all other applicable
development standards of the Heart of the City Specific Plan. The project is further conditioned
to comply with the Environmental Protection Standards of Cupertino Municipal Code
Chapter 17.04. In addition, under the CEQA Guidelines section 15332 (Infill Development
Projects), the project has been found to be Categorically Exempt from CEQA as further
documented in the memorandum prepared by the City’s environmental consultant,
PlaceWorks. Therefore, the proposed development will be located and conducted in accordance
with the General Plan and underlying zoning regulations and complies with the California
Environmental Quality Act (CEQA).
3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code
Section 19.56.070, before approving an application that includes a request for density
bonus, incentive, parking reduction and/or waiver, the decision-making body shall
make the following findings, as applicable:
a. A finding that the residential project is eligible for the density bonus and any
incentives, parking reductions or waivers requested.
The project includes 12 Below Market Rate (BMR) units or 20.3% of the total number of
units proposed. Six of the twelve BMR units will be affordable to median-income
households (100-120% of Area Median Income) and the other six will be affordable to
moderate-income households (80-100% of Area Median Income) in compliance with the
City’s BMR Program. As a density bonus project with at least 20% of units reserved for
sale to moderate-income households as defined by state law (80-120% of Area Median
Income), the applicant may request up to two concessions and an unlimited number of
waivers.
b. A finding that any requested incentive will result in identifiable, financially
sufficient, and actual cost based on the financial analysis and documentation
provided.
This finding is superseded by the requirements of State Density Bonus Law, Government
Code Section 65915 which restricts a city’s ability to deny certain requests for concessions
to the findings outlined in section 4 below. The project applicant has indicated that the
application of requirements to provide commercial uses on the site would result in a
significant financial burden and may impact the number of units provided.
c. If the density bonus is based all or in part on donation of land, a finding that all
requirements included Section 19.56.030C have been met.
No density bonus is proposed; therefore, the finding is not applicable.
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d. If the density bonus is based all or in part on the inclusion of a childcare facility, a
finding that all requirements included in Section 19.56.030 (D) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
e. If the density bonus or incentive is based on a condominium conversion, a finding
that all the requirements included in Section 19.56.030 (E) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
f. If the incentive includes mixed-use development, a finding that all requirements
including in Section 19.56.40 (B) (2) have been met.
The project is not a mixed-use development; therefore, the finding is not applicable.
g. If a waiver is requested, a finding that the development standards for which the
waivers are requested would have the effect of physically precluding the
construction of the housing development with the density bonus and incentives
or concessions permitted.
The development standards height, setbacks, lot coverage, parking design, and park land
dedication requirements would physically preclude the development as proposed. These
development standard limitations could affect the project by the loss of units or unit sizes,
which may include those designated as affordable.
h. If a reduction in off-street parking standards for an eligible housing development
is requested.
No reduction in off-street parking requirements is being requested; therefore, the finding
is not applicable.
4. Since the applicable findings required above can be made, the decision-making body
may deny an application for a waiver only if one of the following written findings as
applicable to each type of application, supported by substantial evidence:
a. That the incentive or concession, or waiver would have an adverse impact on real
property listed in the California Register of Historic Resources; or
No property listed in the California Register of Historic Resources is within the project
vicinity.
b. That the incentive or concession, or waiver would have a specific, adverse impact
upon public health or safety or the physical environment, and there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact without
rendering the residential project unaffordable to low- and moderate-income
households. For the purpose of this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on objective,
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identified, written public health or safety standards, policies, or conditions as they
existed on the date that the application for the residential project was deemed
complete; or
Both the Fire and Building departments have preliminary reviewed the plans and not found
conditions proposed which would create a “specific, adverse impact.” In addition, the
project is conditioned to ensure compliance with both Fire and Building Code, prior to
issuance of building permits. The project is also conditioned to comply with the
Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04.
Further, under the CEQA Guidelines section 15332 (Infill Development Projects), the
project has been found to be Categorically Exempt from CEQA as further documented in
the memorandum prepared by the City’s environmental consultant, PlaceWorks.
Therefore, the proposed development, incorporating the proposed concessions and waivers,
is not expected to have a specific, adverse impact upon public health or safety or the physical
environment.
c. That the incentive or concession, or waiver is contrary to state or federal law.
The requested concessions and waivers are not contrary to state or federal law.
5. The remaining sites identified in the Housing Element are adequate to meet the
requirements of Government Code Section 65583.2 and to accommodate the City's
share of the regional housing need. (Findings required by Government Code Section
65863(b)(2).)
The remaining sites in the housing element inventory are adequate to meet the requirements
of Government Code Section 65583.2 and to accommodate the City’s share of the regional
lower-income and moderate-income housing need. The proposed project reduces the density of
the site below what was projected in the City’s 6th Cycle housing element. Nonetheless the
Priority Housing sites in the inventory are adequate to accommodate the City’s share of the
regional lower income housing need, in that a surplus of 98 lower-income and 80 moderate-
income units remain following adjustments to projections made to reflect the proposed project.
6. When a project complies with objective standards, the HAA allows a city to
disapprove the project or to impose a condition that the project be developed at a
lower density only if the city finds both of the following, supported by a
preponderance of the evidence in the record:
a. The project would have a specific, adverse impact upon the public health or safety
unless the project is disapproved or approved upon the condition that the project
be developed at a lower density; and
b. No feasible method to satisfactorily mitigate or avoid the adverse impact exists.
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The project, as proposed, meets all applicable objective zoning, General Plan, and
subdivision standards. Based on the record, including the findings in the Categorical
Exemption memorandum, staff does not believe the above findings can be made with respect
to the proposed project.
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 5 thereof, and those contained in all other Resolutions approved for
this Project, the City Council hereby approves the application for a Development Permit,
Application No. DP-2024-002; 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-2024-002 as set forth in the Minutes of the City Council Meeting of July 1, 2025 and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “20840 Stevens Creek Boulevard” dated
March 25, 2025 consisting of 124 sheets labeled as, A00– A24, C1.0 – C7.0, L1.1 –
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2024-007, TM-2024-001, ASA-2024-
005, and TR-2024-024 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
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The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. 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.
6. DEVELOPMENT APPROVAL
The project is granted approval to construct:
a. 59 townhomes, subject to affordability requirements of Condition #8, with a
maximum floor area as identified on approved plans;
b. 129 parking spaces;
c. 59 private bicycle spaces;
d. 6 shared bicycle racks;
e. Landscaping in designated locations with the use of native and drought
tolerant plants;
f. Vegetated stormwater treatment facilities with the use of native plants;
g. 11,573 square feet of private open space across all units;
h. 13,977 square feet of common open space;
i. Screened mechanical equipment; and
j. Two existing 10-foot walls and two new fences.
7. AFFORDABLE UNITS
The project shall include 6 units affordable to median-income households and 6 units
affordable to moderate-income households as determined by the City’s BMR
Mitigation Manual.
8. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is granted two
concessions and waivers as follows:
a. Concessions to address General Plan and Heart of the City requirements for
mixed-use development on the property;
b. Waiver to increase the maximum height of buildings;
c. Waivers for reduced front, rear, and side setbacks;
d. Waiver to eliminate requirement for Service Access from Rear Parking Areas;
e. Waiver to reduce private outdoor space dimensions;
f. Waiver of the requirement for terracing of southern buildings;
g. Waiver to increase the maximum lot coverage;
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h. Waiver for reduced parking space dimensions; and
i. Waiver to reduce the size of a required parking planter strip.
9. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the approved plans and with the City’s Parking Regulations under
Chapter 19.124 of the Cupertino Municipal Code.
10. BMR UNIT DESIGN REQUIREMENTS
Prior to building permit issuance, the Applicant shall detail how the following
requirements are met:
a. The BMR units shall be comparable to market-rate units in terms of unit type,
number of bedrooms per unit, quality of exterior appearance and overall quality
of construction.
b. The BMR unit size should generally be representative of the unit sizes within
the market-rate portion of the residential project.
c. Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
11. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an
affordable housing agreement shall be recorded against the property. The affordable
housing agreement shall include, but not be limited to the following, in compliance
with the BMR Housing Mitigation Manual:
a. Total number of BMR units, type, location (site map), square footage, number
of bedrooms, and construction scheduling of market-rate and BMR units;
b. Provisions to ensure concurrent construction and completion of BMR units and
market-rate units;
c. Affordability levels for each BMR unit;
d. Prices for BMR units as provided for in the BMR mitigation manual;
e. Provisions for income certification and screening of potential occupants of
BMR units;
f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs;
h. Other reasonably required provisions to implement the Affordable Housing
Plan.
12. BMR UNIT TERMS OF AFFORDABILITY
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Prior to occupancy, the proposed project shall record covenants that require the units
to be sold at prices that are affordable to moderate and median levels for a period not
less than 99 years from the date of first occupancy of the unit.
13. 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 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.
14. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the property
owner shall maintain approved public artwork in good condition continuously after
its installation, as determined appropriate by the City. Maintenance shall include all
related landscaping, lighting, and upkeep, including the identification plaque.
Artwork required or approved cannot be removed, except for required maintenance
or repair, unless approved by the City; at which time the City may require
replacement or relocation of the artwork. In the event that the artwork is relocated in
the public right-of-way, a maintenance agreement with the City shall be required.
15. PHASE II ESA REVISION
Prior to issuance of Building Permits, the provided “Additional Phase II” report shall
be revised to:
Discuss potential causes for the difference in chlordane concentrations in samples
collected from 2.5 to 3.0 feet bgs in borings RB-01 and RB-01A, and this difference
in chlordane concentrations shall be accounted for in the Soil Management Plan
(“SMP”) that is proposed to be prepared for the project; and
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Describe solubility testing requirements and hazardous waste thresholds for
chlordane and other OCPs; and
Indicate that arsenic concentrations detected at the site exceed the residential and
construction worker ESLs, however the detected arsenic concentrations are below
the naturally occurring background level.
Include a description of the activities and results of the additional step-out
sampling.
The revised Additional Phase II report shall be submitted to the City for peer review
and approval prior to an SMP being submitted to the City. Peer review shall be
completed by the City’s third-party consultant and costs associated with peer review
shall be paid by the applicant.
16. SOIL MANAGEMENT PLAN
Remediation of chlordane impacted soil at the Site shall be performed in accordance
with an SMP prepared and certified by a qualified Environmental Professional which
shall be submitted to the City for peer review and approval prior to the start of soil
remediation activities. Peer review shall be completed by the City’s third-party
consultant and costs associated with peer review shall be paid by the applicant.
The SMP shall include the following:
A description of the precise extent of proposed contaminated soil removal,
proposed remediation goals, construction worker training requirements, and
detailed procedures for soil handling, soil characterization for off-Site disposal
or on-Site re-use, confirmation sampling and analysis, and importing of clean fill
material.
Measures to prevent potential exposure of the surrounding public to
contaminants that could be released in fugitive dust (e.g., dust control
procedures, air monitoring protocols, and air monitoring action levels) during
the removal of contaminated soil and other construction activities, in addition to
preventing potential exposure of future Site occupants to contaminated soil.
Notification procedures and response actions that would be taken if previously
unidentified soil contamination or underground features of environmental
concern (e.g., sumps, underground storage tanks) are identified during project
construction activities.
A requirement that all remedial excavation and contaminated soil handling and
disposal activities be monitored full-time by a qualified Environmental
Professional, and that all confirmation and waste characterization soil sampling
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and air monitoring activities be performed by a qualified Environmental
Professional.
If any of the following conditions occur during the excavation of contaminated soil,
excavation activities shall cease immediately, the remedial excavation area and any
soil stockpiles shall be securely covered with plastic sheeting, the applicant shall
provide the City with all sampling and monitoring documentation/results for review,
and the City shall evaluate whether the applicant shall be required to revise the SMP
and/or engage with a regulatory agency to provide oversight prior to performing
further remediation activities at the Site:
If any unexpected conditions are encountered or soil contaminant concentrations
are identified that are not addressed by the protocols and worker training
requirements outlined in the SMP;
If the area of remedial excavation would need to extend beyond 2,000 square feet
or the volume of remedial excavation would need to extend beyond 200 cubic
yards in order to remove soil with concentrations of chlordane exceeding
Residential ESLs based on confirmation sampling analytical results;
If air monitoring results identify the exceedance of air monitoring action levels
or complaints are received from the surrounding public regarding dust
generated by remediation activities;
If concentrations of chlordane exceeding Residential ESLs are detected in any
confirmation samples after three rounds of excavation and confirmation
sampling; or,
If waste characterization sampling or confirmation sampling results identify soil
that would be classified as hazardous waste.
The excavation and off-Site disposal of contaminated soil, implementation of the
protocols required by the SMP, and confirmation sampling results shall be
documented in a Completion Report prepared and certified by a qualified
Environmental Professional which shall be submitted to the City for peer review and
approval prior to the City issuing any permits that would allow other ground
disturbing activity (beyond soil remediation) at the Site. Peer review shall be
completed by the City’s third-party consultant and costs associated with peer review
shall be paid by the applicant. If a regulatory agency provides oversight of further
remediation activities at the Site, the Completion Report shall be submitted to the
regulatory oversight agency for review and approval, and the applicant shall provide
the City with written evidence that the regulatory oversight agency has issued a no
further action determination for the Site prior to the City issuing any permits that
would allow other ground disturbing activity (beyond soil remediation) at the Site.
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17. 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.
18. 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.
19. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District’s
Basic Control Measures from the latest version of BAAQMD’s CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
20. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
21. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
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i. No more than 7 days prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100 feet
of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until demolition,
construction, ground-disturbing, or tree removal/pruning activities have been
initiated in the area, after which surveys can be stopped. As part of the
preconstruction survey(s), the surveyor shall inspect all trees and other
possible nesting habitats in, and immediately adjacent to, the construction
areas for active nests, while ensuring that they do not disturb the nests as
follows:
1) For projects that require the demolition or construction one single-family
residence, ground disturbing activities affecting areas of up to 500 square
feet, or the removal of up to three trees, the property owner or a tree
removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any active
nests with eggs or young birds are identified, the project applicant shall
retain a qualified ornithologist or biologist to identify protective measures.
2) For any other demolition, construction and ground disturbing activity or
the removal of four or more trees, a qualified ornithologist or biologist shall
be retained by the project applicant to conduct the preconstruction surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests no
longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
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feet for raptors and 75 feet for passerines and other birds. The active nest within
an exclusion zone shall be monitored on a weekly basis throughout the nesting
season to identify signs of disturbance and confirm nesting status. The radius
of an exclusion zone may be increased by the qualified ornithologist or
biologist, if project activities are determined to be adversely affecting the
nesting birds. Exclusion zones may be reduced by the qualified ornithologist
or biologist only in consultation with California Department of Fish and
Wildlife. The protection measures and buffers shall remain in effect until the
young have left the nest and are foraging independently or the nest is no longer
active.
v. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection measures
(if required), shall be prepared by the qualified ornithologist or biologist and
submitted to the Director of Community Development or his or her designee,
through the appropriate permit review process (e.g., demolition, construction,
tree removal, etc.), and be completed to the satisfaction of the Community
Development Director prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities.
22. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming
that contractors and construction crews have been notified of basic archaeological
site indicators, the potential for discovery of archaeological resources, laws
pertaining to these resources, and procedures for protecting these resources as
follows:
a. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal,
fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials,
either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
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Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural
resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease.
ii. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit, and assessment of the remainder of the site within the project
area to determine whether the resource is significant and would be affected
by the project.
iii. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If the
resource is a tribal cultural resource, the consulting archaeologist shall
consult with the appropriate tribe, as determined by the Native American
Heritage Commission, to evaluate the significance of the resource and to
recommend appropriate and feasible avoidance, testing, preservation or
mitigation measures, in light of factors such as the significance of the find,
proposed project design, costs, and other considerations. The archeologist
shall perform this evaluation in consultation with the tribe.
23. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve soil
disturbance, include on plans a note that, during project construction, the project
applicant shall comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100-foot radius
of the remains, or any nearby area reasonably suspected to overlie adjacent
remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a
determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to
his authority, he shall notify the Native American Heritage Commission
(NAHC) within 24 hours.
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d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of
the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to
make recommendations or preferences regarding the disposition of the remains.
If the Most Likely Descendant does not make recommendations within 48 hours
after being allowed access to the project site, the owner shall, with appropriate
dignity, reinter the remains in an area of the property secure from further
disturbance and provide documentation about this determination and the
location of the remains to the NAHC and the City of Cupertino. Alternatively, if
the owner does not accept the Most Likely Descendant’s recommendations, the
owner or the descendent may request mediation by the NAHC. Construction
shall halt until the mediation has concluded.
24. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units
the notices shall be sent to off-site businesses and residents within 500 feet of the
project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units
(not including Accessory Dwelling Units) notices shall be sent to off-site
businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off-site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period’s
overall duration. The notification should include the telephone numbers of the
contractor’s authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant’s use. The project applicant shall provide the City with evidence of mailing
of the notice, upon request. If pile driving, see additional noticing requirements below.
25. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
Resolution No. 25-053
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a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall demonstrate
compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48
(Community Noise Control) of Cupertino Municipal Code. The details of the
Construction Noise Control Plan shall be included in the applicable construction
documents and implemented by the on-site Construction Manager. Noise
reduction measures selected and implemented shall be based on the type of
construction equipment used on the site, distance of construction activities from
sensitive receptor(s), site terrain, and other features on and surrounding the site
(e.g., trees, built environment) and may include, but not be limited to, temporary
construction noise attenuation walls, high quality mufflers. During the entire
active construction period, the Construction Noise Control Plan shall demonstrate
that compliance with the specified noise control requirements for construction
equipment and tools will reduce construction noise in compliance with the City’s
daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and submit
to the City of Cupertino Public Works Department for approval prior to the start
of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use for
more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background noise
level or switch off back-up alarms and replace with human spotters in compliance
with all safety requirements and law.
26. EXCESSIVE NOISE AND VIBRATIONS
Per General Plan Policy HS-8.3, construction contractors shall use the best available
technology to minimize excessive noise and vibration from construction equipment
such as pile drivers, jack hammers, and vibratory rollers during construction.
27. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Resolution No. 25-053
Page 18
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 ___ feet of any
residential property.
f. Any other measures as determined to be appropriate by the Director of
Community Development
28. 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 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
Resolution No. 25-053
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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.
29. 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 greater than nine multi-family residences are proposed.
Third party LEED certification or alternative reference standard is required per the
ordinance criteria.
30. 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.
31. PROPERTY OWNERS’ ASSOCIATION
A Property Owner’s Association shall be formed to maintain the common areas of the
property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and
approved by the City Attorney and the Director of Community Development prior to
recordation. The following terms shall be incorporated into the Association’s
Conditions, Covenants and Restrictions:
• The members/board shall meet at a minimum of once/year
• The Association dues shall cover:
o Maintenance of common areas on the property in compliance with the
approved project conditions of approval, including hardscaping, parking,
landscaping and accessory facilities and amenities, such as trash bins/areas,
common amenity areas, tree grates, outside trash bins, fences, etc.
Resolution No. 25-053
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o Building and site repair on a regular schedule, or as otherwise necessary,
and building renovation and replacement as necessary to ensure that the
property is maintained.
o Permits, including tree removal permits, required for maintenance and
repair of facilities in the common areas.
• Any changes to the exterior of the development must be reviewed by the
Property Owner’s Association and changes must be considered in the context of
the development as a whole, and not on a unit-by-unit basis.
• CC&R’s shall ensure that private open space is kept tidy and free of clutter and
visual blight.
• Any changes to the CC&R’s must be reviewed and approved by the City.
• Disbanding of the Association shall require an amendment to this permit to be
reviewed and approved by the original approval authority.
32. 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.
33. 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.
34. 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
Resolution No. 25-053
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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.
35. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail
Resolution No. 25-053
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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
36. PROPOSED EASEMENT QUITCLAIMS
Developer shall obtain approval from each respective utility company for the
proposed quitclaim of existing easements. The easement(s) may be vacated with the
final map or quitclaimed by a separate instrument. If quitclaimed by a separate
instrument, the quitclaim shall be approved and recorded by the utility company
prior to Final Map recordation or to the satisfaction of the Director of Public Works.
Any proposed interim easements necessary to facilitate the construction of permanent
facilities shall be approved and recorded by the utility company prior to building
permit issuance for the site improvements.
37. LOT LINE ADJUSTMENT
Prior to approval of the Final Map, a lot line adjustment will be required. Proposed
buildings cannot straddle between parcel lines.
38. LOT MERGER
Prior to final acceptance of the project, Developer shall merge the parcels created for
the private street network into one lot as may be required by the Director of Public
Works or shall include language in the Covenants, Conditions, and Restrictions
(CC&R) to provide for City Manager review and approval of any amendments to the
CC&R.
39. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project frontage
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 Final map approval.
Street improvements may include, but not be limited to, new detached sidewalk,
driveways, curb and gutter, utility laterals, stormwater treatment facilities, and street
tree installations. 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 Final Map
approval.
Resolution No. 25-053
Page 23
40. 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.
41. 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.
42. PEDESTRIAN AND BICYCLE IMPROVEMENTS
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, 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.
43. 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.
44. 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.
45. 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 based on the 10-year storm event 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
Resolution No. 25-053
Page 24
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.
46. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
5,000 S.F. or more of impervious surface, collectively over the entire project site. 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.
If the Project is subject to CC&R and Homeowners Association (HOA), CC&R must
also include languages pertaining to the stormwater treatment measures.
47. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement with
the City of Cupertino providing for payment of fees, including but not limited to
checking and inspection fees, storm drain fees, transportation impact fees, park
dedication fees and fees for under grounding of utilities. Said agreement and fees shall
be executed and paid prior to Final map approval.
Fees:
Checking & Inspection Fees: Per current fee schedule ($5,655 or 5% of
Resolution No. 25-053
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improvement costs)
Grading Permit: Per current fee schedule ($4,891 or 6% of
improvement costs)
Tract Map Fee: Per current fee schedule ($13,687)
Storm Drainage Fee: Per current fee schedule ($4,584 per AC + $347
per unit)
Transportation Impact Fee: Per current fee schedule: ($4,215 per unit)
Encroachment Permit Fee: Per current fee schedule ($3,551 or 5% of
improvement costs)
Park Fees: Per current fee schedule: $54,000 per unit
($2,538,000 based on 47 units, 12 BMR units
waived)
Storm Management Plan Fee: Per current fee schedule ($2,217)
Street Tree Fee: By Developer or Per current fee schedule: $513
per tree
Developer Contribution: $120,000 (Stevens Creek Blvd Class IV
Separated Bike Lane frontage improvements)
Bonds:
a. Encroachment Bond: 100% of Off-site Improvements
b. 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.
48. 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.
49. TRANSPORTATION
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).
Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of
environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project shall
provide mitigation measure as results of the transportation analysis.
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Page 26
50. PARKS
The residential units are subject to the Park Land Dedication (for units 50 or more) or
the payment of parkland fees in-lieu of parkland dedication per Chapter 13.08 and
Chapter 18.24 of the Cupertino Municipal Code. The City Council has the ultimate
discretion to require parkland dedication or accept park in-lieu fees (for units 50 or
more).
The Below Market Rate (BMR) program manual, which was last amended by City
Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees for
BMR units. Pursuant to Resolution 24-067, parkland dedication in-lieu fees for the 12
BMR units proposed for this project are hereby waived.
51. SURVEYS
A 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.
52. 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.
53. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to Final Map approval. 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
street lights.
54. 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. Said plans shall be subject to prior approval of the affected
Utility provider and the Director of Public Works.
55. 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
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.
56. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed outside of the public right of way and away from site driveways to a
location approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
57. 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.
58. 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.
59. 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.
60. 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.
61. TRAFFIC CONTROL PLAN
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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.
62. 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.
63. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
64. 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).
65. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
66. 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 prior to
Final Map approval.
67. 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.
68. 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.
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69. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to Final Map approval.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
70. CUPERTINO SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to Final Map approval. The letter shall include their review and approval
of any existing sanitary sewer easements to be quitclaimed and the creation of any
new sanitary sewer easements.
71. INSTALLERS AGREEMENT
The property owner shall enter into an Installer’s Agreement with the District for the
construction of the proposed sewer infrastructure prior to issuance of Building
Permits.
72. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Serer Development,
Treatment Plant Capacity, plan check, and permit fees to the District prior to issuance
of Building Permits.
73. PLANS AND EXISTING LATERALS
The property owner shall provide Utility Plan and Profile sheets and shall verify the
location of both the proposed lateral on Stevens Creek Boulevard and the lateral that
was used through the neighboring property. Both shall be abandoned/removed.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
74. AERIAL ACCESS REQUIRED
Where the vertical distance between the grade plane and the highest roof surface
exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be
provided. For purposes of this section, the highest roof surface shall be determined
by measurement to the eave of a pitched roof, the intersection of the roof to the
exterior wall, or the top of parapet walls, whichever is greater (CFC Appendix D as
amended by SCCFD). Aerial access roadways shall meet the minimum road width of
26 feet and comply with A1 Standard.
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An AMMR was approved for this project. AMMR application form and comment
letter shall be made part of the building permit plan set. AMMR details such as
modified sprinkler system and modified fire alarm shall be noted as deferred
submittals.
75. GROUND LADDER / EMERGENCY RESCUE OPENINGS
Ground ladder and emergency rescue openings shall be required. Ground-ladder
rescue from second and third floor rooms shall be made possible for fire department
operations. Climbing angle of seventy-five degrees shall be demonstrated on the plans
and maintained. Landscaping shall not be allowed to interfere with the required
access (CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8 through 5.1.9.2).
76. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive.
77. PUBLIC FIRE HYDRANTS REQUIRED
Fire hydrants shall be located within 600 feet of all buildings (CFC, Section 507.5.1).
78. REQUIRED FIRE FLOW
The minimum required fire flow for this project is 2,715 Gallons Per Minute (GPM) at
20 psi residual pressure. The fire flow calculation has been adjusted according to
different construction types and sprinkler reduction. Fire flow shall be met from the
new hydrants.
79. 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
[CFC, Section 503.1.1]. Installations shall conform to Fire Department Standard
Details and Specifications sheet A-1. CFC Sec. 503.
80. FIRE LANE IDENTIFICATION
The minimum clear width of fire department access roads shall be 20 feet. Fire
apparatus access roads shall be designated and marked as a fire lane as set forth in
Section 22500.1 of the California Vehicle Code.
81. 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.
Resolution No. 25-053
Page 31
82.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. Numbers shall be a minimum of
6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Address
numbers shall be maintained. CFC Sec. 505.1
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of July, 2025, by the following vote:
Members of the City Council
AYES: Chao, Moore, Fruen, Mohan, Wang
NOES: None
ABSENT: None
ABSTAIN: None
________
Liang-Fang Chao, Mayor
City of Cupertino
___7/7/2025_____________________
Date
________________________
Kirsten Squarcia, City Clerk
7/7/2025
Date