HomeMy WebLinkAboutCC Resolution No. 26-016 approving Architectural & Site Approval Permit (ASA-2025-006)
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RESOLUTION NO. 26-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT TO
CONSIDER THE DEVELOPMENT OF A 40-UNIT BELOW MARKET RATE
DEVELOPMENT (MARY AVENUE VILLAS PROJECT) ON A HOUSING ELEMENT
SITE, OF WHICH 19 UNITS ARE DEDICATED TO THE INTELLECTUALLY
DEVELOPMENTALLY DISABLED AND 21 UNITS RESERVED FOR EXTREMELY
LOW AND VERY LOW INCOME RESIDENTS OF THE COMMUNITY LOCATED
WITHIN THE MARY AVENUE RIGHT-OF-WAY (A.P.N.: 326-27-053)
SECTION I: PROJECT DESCRIPTION
Application No.: ASA-2025-006
Applicant: Charities Housing
Property Owner: City of Cupertino
Location: Mary Avenue Right-Of-Way (A.P.N.: 326-27-053)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, California Government Code § 65583.2(i) and City Code Section 19.12.030,
the proposed entitlement is not considered a "project" subject to CEQA. The development
meets all statutory requirements for this exemption, specifically regarding its location on
a Housing Element site, its programming as a 100% affordable status, and it’s with
a density of over 20 dwelling units per acre; 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 an Architectural and Site Approval Permit; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property
or improvements in the vicinity, and will not be detrimental to the public health,
safety, general welfare, or convenience;
The project is consistent with the land use designations in the General Plan, and Zoning
Ordinance. It has been designed to be compatible with adjoining land uses, including the
multi-family and townhome residences in the vicinity. The property will modify Mary Ave to
a complete street design with the addition of a sidewalk along the western edge where one
currently does not exist. The project is conditioned to comply with the Environmental
Protection Standards of Cupertino Municipal Code Chapter 17.04. The project must meet all
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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 proposal is consistent with the purposes of Chapter 19.168, the General Plan, any
specific plan, zoning ordinances, applicable planned development permit, conditional
use permits, variances, subdivision maps or other entitlements to use which regulate
the subject property including, but not limited to, adherence to the following specific
criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The proposed project consists of the development of 40 affordable multi-family units within
two, two-story buildings. The Glenbrook Apartments across Mary Avenue and the
adjacent townhomes south of the project(Westport) are 2-3 stories in height, respectively.
The proposed residential buildings are approximately 23 feet in height, well below the 70-
foot height maximum for R4 zoned properties. Additionally, the development will have
vegetation and trees planted along Mary Avenue for visual screening. There is also
landscaping proposed at the perimeter which will help reduce the apparent mass and bulk
of the proposed buildings.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility installations
and unsightly elements of parking lots should be concealed. The planting of ground
cover or various types of pavements should be used to prevent dust and erosion,
and the unnecessary destruction of existing healthy trees should be avoided.
Lighting for the development should be adequate to meet safety requirements as
specified by the engineering and building departments, and provide shielding to
prevent spill-over light to adjoining property owners.
The design quality of the development is consistent with the high-quality standards
identified in the General Plan. The buildings meet the design qualities of modern,
contemporary development. The architectural style is consistent throughout the
development and is complementary to the mix of architecture in the area. Utility
installation has been designed to be screened by landscaping and or incorporated into the
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building design. The final lighting for the development will be reviewed as part of the
review of the project construction documents to ensure that they meet safety requirements
while avoiding spill-over light to adjacent properties and meet applicable Dark Sky
standards. The proposed windows are consistent with the City’s bird-safe ordinance.
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures shall minimize traffic hazards and shall positively
affect the general appearance of the neighborhood and harmonize with adjacent
development.
No signage is proposed as part of this project.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and other
appropriate design measures.
The buildings have been designed in accordance with many standards in the municipal
code that require visual screening and light source mitigation, including but limited to
street trees and Dark Sky lighting.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the MND, subject to the conditions which are enumerated in
this Resolution, beginning on PAGE 4 herein, and subject to the conditions contained in all
other Resolutions approved for this Project.
The application for an Architectural and Site Approval, Application No. ASA-2025-006,
is hereby approved, and that the sub-conclusions upon which the findings and conditions
specified in this Resolution are based are contained in the Public Hearing record
concerning Application no. ASA-2025-006 as set forth in the Minutes of the City Council
Meeting of February 3, 2026 Meeting, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled “Mary Avenue Affordable Housing”
dated July 24, 2024 (with resubmittal dates) consisting of 43 sheets labeled as,
AS0.0- AS9.4, C-000.0 – C-005.0, – C7.3, L-1 – L-2, and DD-1.0 – DD-1.3, drawn by
Ko Architects, Kimley Horn, Keith Willig Landscape Architects, and Vizion Utility
Partners, except as may be amended by conditions in this resolution.
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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. 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.
4. SETBACK AND LANDSCAPE AREAS
Approved setback and landscaped areas shall remain free and clear of any
accessory structures that have not been approved as part of this project.
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 40 unit multi-family development
subject to the affordability standards set forth in Condition .
7. ENVIRONMENTAL REMEDIATION AND ONGOING MONITORING
Prior to the issuance of any building permits for residential construction on the
project site, the applicant shall obtain written clearance from the Santa Clara
County Department of Environmental Health (SCCDEH), confirming that the site
has been adequately investigated and remediated for contamination associated
with the lead in the soil. The clearance documentation shall verify that all
recognized environmental conditions have been addressed and that contaminant
concentrations meet applicable residential cleanup standards established under
State of California regulatory guidance for unrestricted residential use or submit a
long-term mitigation and monitoring plan approved by SCCDEH to the City of
Cupertino Community Development Department as described below.
If the SCCDEH determines that residual contamination remains on-site at
concentrations that require engineering controls, vapor mitigation systems, or
ongoing monitoring, the applicant shall comply with all post-remediation
monitoring, reporting, and maintenance requirements imposed by the SCCDEH.
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The applicant shall provide the City of Cupertino Community Development
Department with copies of all ongoing monitoring reports, system performance
data, and final closure documentation, as applicable, until the oversight agency
issues a final case closure or no further action determination for the site.
No grading, foundation, or building permits shall be issued until the Community
Development Department has received and approved the required regulatory
clearance documentation from SCCDEH demonstrating that the site is suitable for
residential development.
8. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state’s Density Bonus law, the project is granted waivers
and concessions as follows:
a. Waiver to reduce front, side, and rear setbacks;
b. Waivers for elimination of the private outdoor space requirement;
c. Waiver of the reduction of number of vehicles in the front or side street
setback;
d. Waiver to alternate the bicycle parking requirement;
e. Concession to deviate from the Electric Vehicle Charging requirement;
f. Concession to eliminate the artwork requirement.
9. BMR AGREEMENT
Prior to the 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;
b. Provisions to ensure concurrent construction and completion of BMR units
and market-rate units;
c. Affordability levels for each BMR unit;
d. Rents 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.
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10. BMR UNIT TERMS OF AFFORDABILITY
Prior to occupancy, the proposed project shall record covenants that require the
units to be rented at prices that are affordable to Extremely Low, Very Low, and
Low Income levels for a period not less than 99 years from the date of first
occupancy of the unit.
11. FINAL ARCHITECTURAL DETAILS AND EXTERIOR BUILDING MATERIALS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. The final building design and exterior treatment plans
(including but not limited to details on exterior color, materials, architectural
treatments, doors, windows, lighting fixtures, and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits and through an in-field mock-up of colors prior to
application to ensure quality and consistency. Any exterior changes determined to
be substantial by the Director of Community Development shall either require a
modification to this permit or a new permit based on the extent of the change.
12. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance
(CMC, Chapter 14.15). A landscape installation audit shall be conducted by a
certified landscape professional after the landscaping and irrigation system have
been installed. The findings of the assessment shall be consolidated into a
landscape installation report.
The landscape installation report shall include but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with
distribution uniformity, reporting overspray or run-off that causes overland flow,
and preparation of an irrigation schedule.
The landscape installation report shall include the following statement: “The
landscape and irrigation system have been installed as specified in the landscape
and irrigation design plan and complies with the criteria of the ordinance and the
permit.”
13. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall
be established and submitted to the Director of Community Development or
his/her designee, either with the landscape application package, with the
landscape installation report, or any time before the landscape installation report
is submitted.
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a. Schedules should take into account water requirements for the plant
establishment period and water requirements for established landscapes.
b. Maintenance shall include, but not be limited to, the following: routine
inspection; pressure testing, adjustment and repair of the irrigation system;
aerating and de-thatching turf areas; replenishing mulch; fertilizing; pruning;
replanting of failed plants; weeding; pest control; and removing obstructions
to emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants
that may be size-adjusted as appropriate for the stage of growth of the overall
installation. Failing plants shall either be replaced or be revived through
appropriate adjustments in water, nutrients, pest control or other factors as
recommended by a landscaping professional.
14. LANDSCAPE PROJECT 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, 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.
15. LANDSCAPE AND IRRIGATION PLANS
The applicant shall submit detailed landscape and irrigation plans to be reviewed
and approved by Community Development prior to issuance of building permits.
The landscape plan shall include water conservation and pesticide reduction
measures in conformance with Chapter 14.15, Landscape Ordinance, and the
pesticide control measures referenced in Chapter 9.18, Stormwater Pollution
Prevention and Watershed Protection, of the Cupertino Municipal Code.
16. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
17. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
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limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community Development prior to issuance of
building permits to ensure quality and consistency. Any exterior changes
determined to be substantial by the Director of Community Development shall
either require a modification to this permit or a new permit based on the extent of
the change.
Future changes to the exterior building materials/treatments must be reviewed
and approved by the Property Owner’s Association. However, any changes to the
building materials that do not match the approved materials shall require an
amendment to this permit or a new permit.
18. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe
Development Requirements and Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code. The final lighting
plan (including a detailed photometric plan) shall be reviewed and approved by
the Director of Community Development prior to building permit issuance. A
report from a licensed lighting engineer may be required to confirm all exterior
lighting throughout the site complies with the City’s Ordinance.
19. TRANSFORMERS
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.
20. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide
a detailed utility plan to demonstrate screening or undergrounding of all new
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utility structures [including, but not limited to backflow preventers (BFP), fire
department connections (FDC), post-indicator valves (PIV), and gas meters] to the
satisfaction of the Director of Community Development, Public Works, Fire
Department, and applicable utility agencies.
21. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall
obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since the building size is over 50,000 square feet. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria and costs associated with third-party review shall be paid by the applicant.
22. EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. A line of sight plan may be
required to demonstrate that the equipment will not be visible from any public
right-of-way. The location of the equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
23. 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.
24. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City’s
Community Noise Control Ordinance at all times. Installation of any mechanical
or other equipment shall be evaluated to determine that the installation meets the
City’s Community Noise Control Ordinance. Any documentation or studies
required to determine this shall be provided by the applicant as his/her sole
expense. Should the project exceed any of the stipulated maximum noise levels
outlined in the City’s Community Noise Control Ordinance, an acoustical
engineer may be required to submit noise attenuation measures to the satisfaction
of the Director of Community Development at the applicant’s expense.
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25. 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.
26. 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.
27. 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.
28. 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:
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:
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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
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,
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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.
29. 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,
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
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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.
30. 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.
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.
31. 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:
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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.
32. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City’s Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall demonstrate
compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48
(Community Noise Control) of Cupertino Municipal Code. The details of the
Construction Noise Control Plan shall be included in the 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.
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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.
33. 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.
34. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
A demolition and construction management plan shall be submitted and reviewed
prior to building permit issuance. Prior to commencement of construction
activities, the applicant shall arrange for a pre-construction meeting with the
pertinent departments (Building, Planning, and Public Works) to review the
prepared construction management plan, to ensure that construction complies
with the conditions of approval, staging of construction equipment is appropriate,
tree protection measures are in place, public access routes are identified, and noise
and dust control measures are established. The plan shall include but not be
limited to the following:
a. Appropriate construction staging area
b. Hours of construction
c. Compliance with the City noise ordinance
d. Best management practices
e. Staging of construction equipment shall not occur within 5 feet of any residential
property.
f. Any other measures as determined to be appropriate by the Director of
Community Development
35. 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
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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
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.
36. 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.
37. 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.
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38. 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.
39. 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.
40. 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
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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.t 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 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
41. RIGHT-OF-WAY VACATION
Prior to issuance of any construction permits, City Council shall adopt a resolution
to vacate the right-of-way within the limits of the development property
boundary.
42. DOG PARK SIDEWALK CONNECTION
Developer shall design and construct a new sidewalk extension from the northerly
limits of the project’s property frontage to the existing sidewalk at the dog park
north of the project site to the satisfaction of the Director of Public Works.
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
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43. CALTRANS RIGHT-OF-WAY
Caltrans permits and/or approvals are required for any work within Caltrans
right-of-way.
44. STREET IMPROVEMENTS
Roadway 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 issuance of Building
Permit. All necessary easements and vacations for the project shall be approved
prior to issuance of Building Permit or when required by the Director of Public
Works.
Street improvements may include, but not be limited to, new curb, gutter, attached
sidewalk, ADA ramp, driveways, stormwater treatment facilities, utility laterals,
street tree installations, restriping, and street lights. All improvements must be
completed and accepted by the City prior to Building Final Occupancy or Street
Improvement Encroachment Permit acceptance whichever comes first.
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
45. 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.
46. 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.
47. 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.
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The Transportation Study prepared by Hexagon Transportation Consultants, Inc.,
dated November 13, 2025 recommends the turning radii of the reverse curves on
the north end of the project site to be 18’ minimum and signage to be added ahead
of the curves to inform cyclists to slow down to 10 mph. The City recommends 25’
minimum. The project shall incorporate this recommendation and any other
improvements required by the Transportation Consultant, including but not
limited to line of site modifications to on street parking or to the satisfaction of the
Director of Public Works, into the street improvement design prior to Building
Permit approval.
48. 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.
49. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401
Certifications and 404 permits maybe required. Please contact Army Corp of
Engineers and/or Regional Water Quality Control Board as appropriate.
50. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.
Hydrology and pre- and post-development hydraulic calculations must be
provided to indicate whether additional storm water control measures are to be
constructed or renovated. The storm drain system may include, but is not limited
to, subsurface storage of peak stormwater flows (as needed), bioretention basins,
vegetated swales, and hydrodynamic separators to reduce the amount of runoff
from the site and improve water quality. The storm drain system shall be designed
to detain water on-site (e.g., via buried pipes, retention systems or other approved
systems and improvements) as necessary to avoid an increase of the ten percent
flood water surface elevation to the satisfaction of the Director of Public Works.
Any storm water overflows or surface sheeting should be directed away from
neighboring private properties and to the public right of way as much as
reasonably possible.
All storm drain inlets shall be clearly marked with the words “No Dumping –
Flows to Creek” using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
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Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
51. 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 (Covenants, Conditions, and Restrictions (CC&R) and
Homeowners Association (HOA), CC&R must also include languages pertaining
to the stormwater treatment measures.
52. INSTALLATION AGREEMENT
The project developer shall enter into an Installation 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 issuance of Building permit.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($5,655 or 5% of
improvement costs)
b. Grading Permit: Per current fee schedule ($4,891 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($4,584 per AC +
$347 per DU)
d. Transportation Impact Fee: Per current fee schedule: ($4,215 per DU)
e. Storm Management Plan Fee Per current fee schedule ($2,217)
f. Street Tree Fee: By Developer or Per current fee schedule:
$513 per tree
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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.
53. 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 may also be 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(s) as a result of the transportation analysis.
54. 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.
55. 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.
56. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
before issuance of a building permit approval. The Agreement shall include the
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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.
57. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the Director of Public Works.
58. 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.
59. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site driveways
to a location approved by the Cupertino Planning Department, Santa Clara
County Fire Department and the water company.
60. 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.
61. 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.
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62. 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.
63. 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.
64. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer
to be approved by the City. The plan shall include a temporary traffic control plan
for work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform
Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
65. 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.
66. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
67. 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).
68. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
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69. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection to
existing facilities, service capability and location and layout of water lines and
backflow preventers before issuance of a building permit approval.
70. 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.
71. 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 issuance of building
permits.
72. 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 issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
73. STORMWATER POLLUTION MANAGEMENT
1. Copper metal roofing, copper granule containing asphalt shingles, copper
gutters and downspouts, and/or other exterior ornamental copper are not
permitted for use on any commercial or industrial building.
2. All exterior storm drain inlets, including bioretention area overflow catch
basins and linear trench drains must be treated with full trash capture systems
to prevent litter from entering the City’s storm drain system and/or any
adjacent creeks or diversion channels. Systems and devices used must be
approved by the California State Regional Water Quality Control Board
(RWQCB) and selected from the San Francisco Bay RWQCB Certified Full
Capture System List of Trash Treatment Control Devices which may be viewed
at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_i
mplementation.html
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Each inlet being treated must be identified on the civil drawings and the
specific type of treatment control device labeled.
3. At the time of building permit plan submittal, the manufacturer specification
sheet for all trash capture system(s) used must be included. As a condition of
approval, the systems must be installed and maintained (cleaned) in
accordance with the project SWMP, manufacturer specifications, and provision
of the California RWQCB San Francisco Bay Region Municipal Regional
Stormwater NPDES Permit. The property owner must provide official written
record of cleaning and maintenance to the City upon request.
4. All exterior storm drain inlets on the parcel must be clearly marked with “No
Dumping Flows To Creek” or “No Dumping Flows To Bay”. An example of
drain inlet markers may be viewed at the following:
www.cupertino.org/greendev (Waste and Stormwater Management).
74. COVERED WASTE TRIOS AND CIGARETTE FILTER MANAGEMENT
One permanently installed waste trio including an enclosed cigarette urn which is
designed for exterior use is required and must be included on the site plan. A
waste trio is a set of outdoor receptacles positioned side-by-side which are clearly
individually labeled “RECYCLING, COMPOST, TRASH” and include covers to
prevent rainwater intrusion. An example of waste trios may be viewed at the
following: www.cupertino.org/greendev (Waste and Stormwater Management). The trio
and cigarette urn must be situated on private property adjacent to the sidewalk for
customer and public pedestrian use. The trio and cigarette urn shall be maintained
by the private property owner in perpetuity for which this building permit is
issued. The location of the trios/urns must conform to the City of Cupertino
Sidewalk Clearance at Driveways Standard Detail www.cupertino.org.greendev (Waste
and Stormwater Management Helpful Links) and compliance demonstrated on
the resubmitted plans. The placement of the trios and cigarette urns must conform
to the Cupertino Municipal Code (Section 10.90) and other state codes regulating
smoking. If exterior furnishings (benches, bicycle racks, pole lights, etc.) are
required for this project, the waste trios and cigarette urns must match material,
color, and style to the maximum extent practicable.
75. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND RECOVERY
A completed construction and demolition (C&D) Debris Recovery Plan (DRP)
must be submitted at the time of project plan submittal. All debris disposal and
recycling from the construction project must be tracked throughout the duration
of the project. Project applicants and contractors must use Green Halo
cupertino.wastetracking.com to create their Plan and to submit all construction waste
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generation tonnage information. A hold on issuance of the building permit will
be placed until the Plan is submitted and approved. A hold will also be placed on
the final inspection until all waste tonnage information for the project has been
entered into Green Halo and approved by the Environmental Programs Division.
Your response below must identify the Green Halo Tracking Number (e.g. GH123-
456-7890) and date the DRP was submitted to Green Halo.
For additional information, please visit cupertino.org/greendev (Waste and
Stormwater Management).
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA
COUNTY FIRE DEPARTMENT
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. For the purposes of this
section, firewalls used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or
subcontractor(s) are responsible for consulting with the water purveyor of record
in order to determine if any modification or upgrade of the existing water service
is required. A State of California licensed (C-16) Fire Protection Contractor shall
submit plans, calculations, a completed permit application and appropriate fees to
this department for review and approval prior to beginning their work. CFC Sec.
903.2.
77. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop
drawings (3 sets) and a permit application to the SCCFD for approval before
installing or altering any system. Call (408) 341-4420 for more information. Fire
alarm requirement will be determined during building permit.
78. BUILDINGS AND FACILITIES ACCESS
Approved fire apparatus access roads shall be provided for every facility, building
or portion of a building hereafter constructed or moved into or with the
jurisdiction. The fire apparatus access road shall comply with the requirements of
this section and shall extend to within 150 feet of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by an
approved route around the exterior of the building or facility. [CFC, Section
503.1.1].
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79. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS
Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for lifesaving or firefighting
purposes, the fire code official is authorized to require a key box to be installed in
an approved location. The Knox Key Box shall be a of an approved type and shall
contain keys to gain necessary access as required by the fire code official. Locks.
An approved Knox Lock shall be installed on gates or similar barriers when
required by the fire code official. Key box maintenance. The operator of the
building shall immediately notify the fire code official and provide the new key
when a lock is changed or re-keyed. The key to such lock shall be secured in the
key box. [CFC Sec. 506].
80. GROUND LADDER ACCESS
Ground-ladder rescue from second and third floor rooms with egress windows,
shall be made possible for fire department operations. With the climbing angle of
seventy-five degrees maintained, an approximate walkway width along either
side of the building shall be no less than seven feet clear. Landscaping shall not be
allowed to interfere with the required access. CFC Sec. 503 and 1031.2 NFPA 1932
Sec. 5.1.8 through 5.1.9. Ladder access (one for each emergency egress window) of
an all-weather supportive surface along with an approved access walkway
leading from the fire apparatus access road to them, shall be provided.
81. FIRE DEPARTMENT CONNECTION
The fire department connection (FDC) for the structure in support of the sprinkler
system shall be installed at the street on the street address side of the building. It
shall be located within 100 feet of a public fire hydrant and within ten (10) feet of
the main PIV (unless otherwise approved by the Chief due to practical difficulties).
FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”)
inch national standard threaded inlet couplings. Orientation of the FDC shall be
such that hose lines may be readily and conveniently attached to the inlets without
interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard].
82. PUBLIC FIRE HYDRANT REQUIRED
Provide a public fire hydrant at a final location to be determined jointly by the Fire
Department and San Jose Water Company. Maximum distance of 250 feet from the
building frontage, 500 ft between hydrants and a maximum of 100 feet from the
FDC, with a minimum hydrant flow of 1687 GPM @ 20 psi residual. Fire hydrants
shall be provided along required fire apparatus access roads and adjacent public
streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C.
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83. REQUIRED FIRE FLOW
The fire flow for this project is 2,250 GPM at 20 psi residual pressure. Since an
automatic fire sprinkler system will be installed, the fire flow will be reduced by
25%, establishing a required adjusted fire flow of 1,687 GPM at 20 psi residual
pressure. Note: The minimum required number and spacing of the hydrants shall
be in accordance with CFC Table C102.1.
84. FIRE HYDRANT SYSTEMS REQUIRED
Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus
access road, as measured by an approved route around the exterior of the facility
or building, 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]. 2 Hydrants required for
both structures. Show hydrant location on plans. Clarify on sheet C003.0 if hydrant
on sheet C003.0 is either new or existing. New hydrant on sheet C003.0 shown in
front of building 2B. Make a note on sheet AS0.0 that new hydrant will be
provided. New hydrant shall meet the required fireflow.
85. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of
such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire
protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance
capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by
this office until compliance with the requirements of the water purveyor of record
are documented by that purveyor as having been met by the applicant(s). 2022
CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
86. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers
Resolution 26-016
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01276.0036 2089268.2
shall contrast with their background. Where required by the fire code official,
address numbers shall be provided in additional approved locations to facilitate
emergency response. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum
stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and
the building cannot be viewed from the public way, a monument, pole or other
sign or means shall be used to identify the structure. Address numbers shall be
maintained. CFC Sec. 505.1.
87.CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter
33 and our Standard Detail and Specification S1-7. Provide appropriate notations
on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 3rd day of February, 2026, by the following vote:
Members of the City Council
AYES: Moore, Fruen, Mohan
NOES: Wang
ABSENT: None
ABSTAIN: Chao
________
Kitty Moore, Mayor
City of Cupertino
__2/18/2026______________________
Date
________
Lauren Sapudar, Acting City Clerk
__2/18/2026______________________
Date