HomeMy WebLinkAboutPC Resolution No. 2026-12CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-12
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ARCHITECTURAL AND SITE
APPROVAL PERMIT FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT
CONSISTING OF 56-TOWNHOME-CONDOMINIUM UNITS AND 66 SMALL
LOT SINGLE FAMILY HOMES, ON FOUR CONTIGUOUS PARCELS
TOTALING 6.93 -ACRES, INCLUDING TREE REMOVAL AND
REPLACEMENTS
LOCATED AT 20807, 20813, 20823 & 20883 STEVENS CREEK BLVD;
APNs: 326-32-050, -051, -052, & -053
The Planning Commission recommends that the City Council approve the
Architectural and Site Approval permit, in substantially similar form to the Draft
Resolution attached hereto as Exhibit ASA:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the
City of Cupertino the 24th day of March 2026, by the following roll call vote:
AYES: Kosolcharoen, Scharf, Fung, Lindskog, Rao
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Luke Connolly LI
Assistant Director of Community Development
APPROVED:
Tracy Kosolcharoen
Chair, Planning Commission
EXHIBIT ASA
RESOLUTION NO. 2026-XX
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT
FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT CONSISTING OF 56-
TOWNHOME-CONDOMINIUM UNITS AND 66 SMALL LOT SINGLE FAMILY
HOMES, ON FOUR CONTIGUOUS PARCELS TOTALING 6.93 -ACRES,
INCLUDING TREE REMOVAL AND REPLACEMENTS
LOCATED AT 20807, 20813, 20823 & 20883 STEVENS CREEK BLVD;
APNs: 326-32-050, -051, -052, & -053
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2024-011
Applicant: Kevin Choy (Harvest Properties)
Property Owner: Blair Volckmann
Location: 20807, 20813, 20823 & 20883 Stevens Creek Blvd; APNs: 326-32-
050, -051, -052, and -053
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Planning Commission of the City of Cupertino received an
application for an Architectural and Site Approval 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 15061(b)(1) of the CEQA
Guidelines because the proposed project would meet the requirements of the Public
Resources Code (PRC) Section 21080.66(a); and
WHEREAS, on March 24, 2026, 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 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 March 24, 2026 the Planning Commission recommended on a X -X vote
that the City Council approve the Use Permit (U-2024-008) in substantially similar
form to the Resolution presented (Resolution No. 2026-11), approve the Architectural
and Site Approval Permit (ASA-2024-011) in substantially similar form to the
Resolution presented (Resolution No. 2026-12), approve the Vesting Tentative Map
(TM -2024-006) in substantially similar form to the Resolution presented (Resolution
No. 2026-13), and approve the Tree Removal Permit (TR-2024-033), in substantially
similar form to the Resolution presented (Resolution No. 2026-14); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application; and
WHEREAS, 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, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to locate townhome
development closer to Stevens Creek Blvd. and transitioning to small -lot detached single-
family development to the north along Alves Dr. similar to the surrounding single-family
residential uses located north-west of the site. The proposed landscaping will be compatible
with the existing streetscape and Heart of the City standards. The project is conditioned to
comply with the Environmental Protection Standards of Cupertino Municipal Code.
Chapter 17.04. The project has access to all utilities including sewer, water etc. 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 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.
Several of the buildings proposed are taller than the maximum height allowed by the
zoning district and have setbacks smaller than those required by the zoning district
since provisions of state law allow the applicant to waive development standards which
would otherwise preclude the applicant from building the project they designed. The
City does not have the ability to require changes to the project as designed to comply
with either the maximum height limitations or minimum setback requirements.
However, the proposed townhomes and detached single-family dwellings are proposing
to plant trees along Stevens Creek Boulevard and Alves drive, in accordance with the
Heart of the City Specific Plan, for visual screening.
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
1..A The planting ng of various typo of pavements should
concealed. The pldl L111 L6' Vl ground cover or vuuv ua types F.. of pavements �.,u i�.i uv
be used to prevent dust and erosion, and the unnecessary destruction of existing
healthy trees should be avoided. Lighting for 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 buildings meet the design qualities of a contemporary Spanish, Modern French
and Craftsman design development. The architectural style alternates between the
three styles throughout the site. Crosswalks throughout the site will be delineated with
an Ashlar pattern stamped asphalt in earthtone shades. The applicant will continue the
decorative brick paving within the public right-of-way along Stevens Creek Blvd,
continuing the decorative paving from 20807 Steven's Creek Blvd to 20955 Steven
Creek Blvd. This improvement will complete the decorative brick pavers along the
entire frontage of the project site. The 6 existing Callery Pear street trees along Steven's
Creek Blvd. are proposed to be retained and protected in place. The species is consistent
with the requirements of the Heart of the City Specific Plan "flowering orchard"
planting theme. The mature trees will help to screen the building mass along Steven's
Creek Blvd. Lighting for the development will be reviewed as part 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 as well.
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; and
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.
While the project abuts an existing single-family residential neighborhood to the north-
west, it is surrounded on all other sides by commercial uses. The townhome buildings
have been designed in accordance with many of the non-objective design guidelines
outlined in the Heart of the City Specific Plan. Further, the project has provided a new
parkway between the street curb and the new sidewalk, that did not exist before. The
parkway will set the sidewalk back from the street to provide additional safety buffer to
pedestrians from vehicles. Additionally, the project incorporates a double row of trees
planted along Alves Dr. to provide shade and seasonal foliage within the neighborhood.
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 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-2024-
011, is hereby approved, and that the subconclusions upon which the findings and
conditions specified in this Resolution are based and contained in the Public Hearing
record concerning Application no. ASA-2024-011 as set forth in the Minutes of the
City Council Meeting of April 7, 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 "20807 - 20883 Stevens Creek Blvd.
Cupertino" consisting of 196 sheets labeled as, A0.01- A4.00, Cl - C26, L1.0 -
L10.1, JT-1 to JT-4, PM, and SL -1 to SL -4, drawn by ktgy Architects, Gates +
Associates landscape, cbg Civil Engineers Surveyors, and Radius Joint Trench,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property
data including but not limited to property boundary locations, building
setbacks, property size, building square footage, any relevant easements
and/or construction records. Any misrepresentation of any property data may
invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM -2024-006, U-2024-008, and
TR-2024-033 shall be applicable to this approval.
4. 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.
5. DEVELOPMENT APPROVAL
The project is granted approval to construct:
a. 56 townhomes, with 24 townhomes dedicated as units affordable to
moderate- and median -income households;
b. 66 single-family homes;
c. 244 garage parking spaces;
d. 27 guest parking spaces;
e. 122 garage bicycle spaces;
f. 4 bicycle spaces in the common open space;
g. Landscaping in designated locations with the use of the approved plant
palate, including native and drought -tolerant plants;
h. Vegetated stormwater treatment facilities with the use of native plants;
i. 31,921 square feet of private open space across all units;
j. 10,257 square feet of common open space;
k. Screened mechanical equipment;
1. Screening six -foot -tall "good neighbor" fence on the western property line
and eight -foot -tall masonry wall on the eastern property line.
6. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state's Density Bonus law, the project is eligible for one
concession and unlimited waivers, as approved via this permit. The project is
granted one concession and 12 waivers as requested and indicated on the
approved project plans as follows:
a. Concession to address different unit type for BMR units; and
b. Waiver to deviate from the 45 -foot height limitation in the Heart of the City
(HOC) Specific Plan; and
c. Waiver to deviate from the front setback identified in the HOC Specific
Plan; and
d. Waiver to deviate from the side setback identified in the HOC Specific Plan;
and
e. Waiver to deviate from the rear setback identified in the HOC Specific Plan;
and
f. Waiver to deviate from the building forms requirement in the HOC Specific
Plan; and
g. Waiver to deviate from the building eave encroachment standard in the
HOC Specific Plan; and
h. Waiver to deviate from the maximum lot coverage percentage identified in
the Cupertino Municipal Code; and
i. Waiver to deviate from the minimum lot width development standard
identified in the Cupertino Municipal Code; and
j. Waiver to deviate from the minimum parking space size and use of tandem
garages development standards identified in the Cupertino Municipal
Code; and
k. Waiver to deviate from the parking setback identified in the Cupertino
Municipal Code.
7. AFFORDABLE UNITS
The project shall include 12 units affordable to median -income (80-100% of
Area Median Income) households and 12 units affordable to moderate -income
(100-120% of Area Median Income) households as determined by the City's
BMR Mitigation Manual.
8. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any residential 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. Price 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 mechanism;
g. Financing of ongoing administrative and monitoring costs;
h. Other reasonably required provisions to implement the Affordable
Housing Plan.
9. BMR UNIT TERMS OF AFFORDABILITY
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.
10. 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.
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.
11. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the project in
accordance with the approved plans and with the City's Parking Regulations
under Chapter 19.124 of the Cupertino Municipal Code.
12. 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.
13. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
A demolition and construction management plan shall be submitted and
reviewed prior to building permit issuance. Prior to commencement of
construction activities, the applicant shall arrange for a pre -construction meeting
with the pertinent departments (Building, Planning, and Public Works) to
review the prepared construction management plan, to ensure that construction
complies with the conditions of approval, staging of construction equipment is
appropriate, tree protection measures are in place, public access routes are
identified, and noise and dust control measures are established. The plan shall
include but not be limited to the following:
a. Appropriate construction staging area
b. Hours of construction
c. Compliance with the City noise ordinance
d. Best management practices
e. Staging of construction equipment shall not occur within 50 feet of any
residential property.
f. Any other measures as determined to be appropriate by the Director of
Community Development
14. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to issuance of final demolition
permits.
15. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October
1), unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all
requirements of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited
to Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9
a.m. to 6 p.m. Grading, street construction, demolition or underground
utility work within 750 feet of residential areas shall not occur on Saturdays,
Sundays, holidays, and during the nighttime period as defined in Section
10.48.053(b) of the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to
8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities
are not allowed on holidays as defined in Chapter 10.48 of the Municipal
Code. Night time construction is allowed if compliant with nighttime
standards of Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and
limitations identified in this permit, along with the name and telephone
number of an applicant appointed disturbance coordinator, shall be posted
in a prominent location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
16. FORMATION OF A HOME OWNER'S ASSOCIATION
A Home 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 Director of Community Development and the
City Attorney 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 area on the property, in compliance with the
approved project and conditions of approval, including hardscaping,
landscaping (including development trees) private streets, parking,
landscaping and accessory facilities and amenities, such as trash
bins/areas, common amenity areas, tree grates, outside trash bins,
fences, etc,
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 and other improvements in the common areas.
• Any changes to the CC&R's must be reviewed and approved by the City
• Disbanding of the Association shall require an amendment to the permit.
17. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant
running with the land, subject to approval of the City Attorney, for all parcels
that share a common private drive or private roadway with one or more other
parcels, including the parcel to the east of the subject site, unless an easement
is already recorded which provides ingress/egress for the driveway located on
the south east portion of the property to the property located directly to the
east of the subject site. The deed restriction shall provide for necessary
reciprocal ingress and egress easement to and from the affected parcels. The
easements shall be recorded at prior to final map recordation.
18. PUBLIC ACCESS REQUIREMENTS
In accordance with Mobility Element Policies M-2.5 and M-3.2 of the 2015-2040
Cupertino General Plan in effect in January 2024, the applicant shall maintain
public access to the privately maintained streets and walkways where public
access easements are shown on the Vesting Tentative Map.
19. 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 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.
20. 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.
21. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or
active recreation including but not limited to play structures, barbeque areas,
picnic tables etc. and shall not be retained as or converted to only a passive
hardscaped or landscaped area.
22. 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.
23. RESIDENTIAL SCREENING COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the residential screening measures and tree protection
requirements consistent with the approved plans and reference these in the
Property Owner Association documentation. The precise language will be
subject to approval by the Director of Community Development. Proof of
recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
24. 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."
25. 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.
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.
26. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full
Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of
the Landscape Ordinance, for projects with landscape area 500 square feet or
more or elect to submit a Prescriptive Compliance Application per sections
14.15.040 A, B, and C for projects with landscape area between 500 square
feet and 2,500 square feet. The Landscape Documentation Package or
Prescriptive Compliance Application shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of
building permits, and additional requirements per sections 14.15.040 D, E, 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.
27. 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.
28. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of
any structures approved in conjunction with the project.
29. 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.
30. TRANSFORMERS ON PRIVATE PROPERTY
Electrical transformers, telephone cabinets and similar equipment shall be
placed in underground vaults, inside buildings, or as required by PG&E. 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 shall not encroach into the
public right of way and 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, unless it is the only acceptable
location allowed by PG&E.
31. 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 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.
32. 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 but may not exceed the
overall height approved of that structure. 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.
33. 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.
34. 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:
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, 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.
35. 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.
36. 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.
37. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least four feet by six feet shall be posted on construction fencing
at the entrance(s) to the job site, clearly visible to the public, and include the
following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City's and contractor's authorized
representatives that are assigned to respond in the event of a noise or
vibration complaint; and
d. Contact information for City's and contractor's authorized representatives
that are assigned to respond in the event of a complaint related to fugitive
dust, pursuant to the requirements for compliance with BAAQMD's CEQA
Air Quality Guidelines.
If the authorized contractor's representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and
the action taken to the City within three business days of receiving the
complaint.
38. 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.
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.
39. 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.
40. 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.
41. CALIFORNIA NATIVE AMERICAN TRIBAL PROTECTIONS
Prior to issuance of any demolition, grading, or building permit, the applicant
shall demonstrate to the satisfaction of the Director of Community
Development that the project complies with the requirements of Public
Resources Code Section 21080.66. Compliance with this condition shall be
ongoing throughout all ground -disturbing and restoration activities.
If requested by a California Native American tribe traditionally and culturally
affiliated with the project area, the Applicant shall retain and fund tribal
monitoring during all ground -disturbing activities. The designated tribal
monitor shall be selected by the tribe and shall comply with the applicant's site
access and workplace safety requirements. The applicant shall compensate the
tribal monitor at a reasonable rate, determined in good faith, that aligns with
customary compensation for cultural resource monitoring, taking into account
factors such as the scope and duration of the project.
Tribal cultural resources shall be avoided where feasible, in accordance with
subdivision (a) of Section 21084.3. In furtherance of this requirement, where
feasible, the project applicant shall provide deference to tribal preferences
regarding access to spiritual, ceremonial, and burial sites, and incorporate
tribal traditional knowledge in the protection and sustainable use of tribal
cultural resources and landscapes.
All identification, treatment, and documentation of tribal cultural resources
shall be conducted in a culturally appropriate manner consistent with Public
Resources Code Section 21083.9.
Prior to permit issuance, the Applicant shall complete a California Historical
Resources Information System (CHRIS) archaeological records search and a
tribal cultural records search for the project site and shall submit a Sacred
Lands Inventory Request to the Native American Heritage Commission.
The project shall comply with California Health and Safety Code Section 7050.5
and Public Resources Code Section 5097.98, including immediate cessation of
work in the event of the discovery of human remains or burial resources and
treatment in accordance with applicable law and consultation with the
appropriate California Native American tribe.
Where applicable to the environmental context of the site, the applicant shall
incorporate tribal ecological knowledge into any habitat restoration or
landscape management measures associated with the project.
42. 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 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.
43. 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.
44. 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, be GPR certified at a minimum of 50
points, or an alternative reference standard in accordance with the ordinance
since the building size is over 50,000 square feet. Third party LEED or GPR
certification or alternative reference standard is required per the ordinance
criteria and costs associated with third -party review shall be paid by the
applicant.
45. 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.
46. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant
shall agree to indemnify, defend with the attorneys of the City's choice, and
hold harmless the City, its City Council, and its officers, employees, and agents
(collectively, the "indemnified parties") from and against any liability, claim,
action, cause of action, suit, damages, judgment, lien, levy, or proceeding
(collectively referred to as "proceeding") brought by a third party against one
or more of the indemnified parties or one or more of the indemnified parties
and the applicant related to any Ordinance, Resolution, or action approving
the project, the related entitlements, environmental review documents, finding
or determinations, or any other permit or approval authorized for the project.
The indemnification shall include but not be limited to damages, fees, and costs
awarded against the City, if any, and cost of suit, attorneys' fees, and other
costs, liabilities, and expenses incurred in connection with such proceeding
whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys'
fees and costs shall include amounts paid to the City's outside counsel and
shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably
incurred by City. The applicant shall likewise agree to indemnify, defend, and
hold harmless the indemnified parties from and against any damages,
attorneys' fees, or costs awards, including attorneys' fees awarded under Code
of Civil Procedure section 1021.5, assessed or awarded against the indemnified
parties. The Applicant shall cooperate with the City to enter a Reimbursement
Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing,
redrafting, revising, or amending, any document (such as an Environmental
Impact Report, negative declaration, specific plan, or general plan amendment)
if made necessary by proceedings challenging the project approvals and
related environmental review, if the applicant desires to continue to pursue the
project.
The Applicant shall agree that the City shall have no liability to the Applicant
for business interruption, punitive, speculative, or consequential damages.
47. 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 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 DEPT.
Except for otherwise noted, the following conditions must be completed and/or
submitted prior to Final Map recordation.
48. OFFSITE STORM DRAIN CONNECTIONS
The City requires new development projects to connect to the City storm drain
system via a manhole. Required full trash capture inlet devices are installed
within the existing offsite inlets along Stevens Creek Blvd and Alves Dr. With
the project proposing to connect to some of these existing inlets along Stevens
Creek Blvd and Alves Dr, there is a concern that potential onsite flooding may
occur due to the blockage of these devices. The Developer shall consider
reconfiguring the proposed storm drain connections to connect directly to a
manhole. However, if this cannot be achieved, the Developer shall provide a
letter from the Owner stating the City will not be held liable if the trash capture
devices cause onsite flooding.
49. 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.
50. 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.
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 to the satisfaction of the Director of Public Works or his/her
designee.
51. 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.
52. 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 unless otherwise approved by the Director
of Public Works or his/her designee.
53. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (eg.
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 unless otherwise
approved by the Director of Public Works or his/her designee.
54. 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.
55. 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.
56. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works
and satisfy any requirements from the environmental analysis. Hydrology and
pre- and post -development hydraulic calculations must be provided to
indicate whether additional storm water control measures are to be
constructed or renovated. The storm drain system may include, but is not
limited to, subsurface storage of peak stormwater flows (as needed),
bioretention basins, vegetated swales, and hydrodynamic separators to reduce
the amount of runoff from the site and improve water quality. The storm drain
system shall be designed to detain water on -site (e.g., via buried pipes,
retention systems or other approved systems and improvements) as necessary
to avoid an increase of the ten percent flood water surface elevation to the
satisfaction of the Director of Public Works. Any storm water overflows or
surface sheeting should be directed away from neighboring private properties
and to the public right of way as much as reasonably possible.
All storm drain inlets shall be clearly marked with the words "No Dumping -
Flows to Creek" using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
Additional comments will be provided and shall be incorporated prior to Final
Map approval.
57. 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.
58. 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:
a. Checking & Inspection Fees: Per FY 23-24 fee schedule ($5,392 or 5% of
improvement costs)
b. Grading Permit: Per FY 23-24 fee schedule ($4,015 or 6% of
improvement costs)
c. Tract Map Fee: Per FY 23-24 fee schedule ($13,413)
d. Storm Drainage Fee: Per FY 23-24 fee schedule ($4,552 per AC +
$345 per unit)
e. Transportation Impact Fee: Per FY 23-24 fee schedule: (single-family:
$6,797 per unit; townhome: $4,215 per unit).
Credit shall be applied for the existing office
& retail uses (office $19.15 per sq ft, retail:
$10.94 per sq ft.)
f. Encroachment Permit Fee: Per FY 23-24 fee schedule ($3,601 or 5% of
improvement costs)
g. Park Fees: Per FY 23-24 fee schedule: $60,000 per unit
($5,880,000 based on 98 units, 24 BMR units
waived)
h. Storm Management Plan Fee: Per FY 23-24 fee schedule ($1,789)
i. Street Tree Fee: By Developer or Per FY 23-24 fee schedule:
$515 per tree
j. Developer Contribution: $99,500 (Stevens Creek Blvd Class IV
Separated Bike Lane frontage
improvements)
Bonds:
a. Faithful Performance Bond: 100% of Off -site Improvements
b. Labor & Material Bond: 100% of Off -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.
59. 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.
60. 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.
61. 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.
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 24 BMR units proposed for this project are hereby waived.
62. 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.
63. 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, stormwater treatment facilities,
landscaping, street trees, sidewalk, pavers, and street lights.
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. WORK SCHEDULE
After building permit issuance, the developer shall submit a work schedule
every six months to the City to show the timetable for all grading/erosion
control work in conjunction with this project.
66. 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 to the satisfaction of the Director of Public
Works or his/her designee. 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.
67. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be
placed in underground vaults, or as required by PG&E. 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 not encroach into the public right-of-way and
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, unless it is the only acceptable location allowed by
PG&E.
68. 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.
Developer shall install root barriers adjacent to the street trees along the curb
and sidewalk to the satisfaction of the Director of Public Works.
69. 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.
70. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
71. 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).
72. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County
Fire Department as needed.
73. 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.
74. 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.
75. 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.
76. STORM DRAIN SYSTEM POLLUTANT CONTROLS
Please identify all exterior storm drain inlets, including bioretention area
overflow catch basins and linear trench drains, in the Final Stormwater
Management Plan (SWMP). Full trash capture systems are required to prevent
litter from entering the City's storm drain system and/or any adjacent creeks
or diversion channels. Systems and devices 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. The systems
must be installed and maintained (cleaned) in accordance with the SWMP,
manufacturer specifications, and provisions of the San Franscisco Bay RWQCB
NPDES permit. The property owner must provide official written record of
cleaning and maintenance to the City upon request.
77. DRAIN INLET MARKERS
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
78. FIRE SUPPRESSION SYSTEM OR WATER LINE FLUSHING
If fire suppression system or water line flushing will be conducted as part of
the scope of permitted work, complete and submit the Planned Water
Discharge Form (www.cupertino.org/greendev) to the Environmental
Programs Division several business days in advance of the scheduled
discharge.
79. PCB (POLYCHLORINATED BIPHENYLS) MANAGEMENT AND MITIGATION
At the time of building permit application, PCB and remediation is required
prior to obtaining a demolition permit. Structures built or remodeled between
January 1, 1940 and December 31, 1980 must be tested for PCB presence. All
demolition permit applicants, including residential, must complete the PCB
Screening Assessment Form to determine if the structure being demolished is
deemed an applicable structure. Additional information concerning PCB
screening requirements may be viewed at www.cupertino.org/greendev.
Additional information concerning assessment and testing requirements,
qualified consultants to perform sampling, testing, and reporting may be
viewed at https://scvurppp.org/pcbs-demo-permit/. No demolition permit will
be issued until all required PCB documents have been accurately completed,
submitted to, and approved by the Environmental Programs division of the
Public Works Department.
80. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING AND RECOVERY
At the time of building permit application, a completed construction and
demolition (C&D) Debris Recovery Plan (DRP) must be submitted. 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 generation tonnage information. A hold on
issuance of the building permit will be placed until the Plan is submitted and
approved. A hold will 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.
81. 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.
82. 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.
83. 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.
84. UTILITY EASEMENTS
Clearance annrnvalc from the encie.s with easements on the property
rr-�•--� ava-
(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 SCC FIRE DEPT.
Except for otherwise noted, the following conditions must be completed and/or
submitted prior to Final Map recordation.
85. GROUND LADDER / EMERGENCY RESCUE OPENINGS
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. [CFC Sec. 503 and 1031
NFPA 1932 Sec. 5.1.8 through 5.1.9.2]
a. Plans to show ground ladder landing areas in relation to proposed
landscaping.
b. Landscaping plans to show the location of all emergency rescue openings /
ground ladder landing locations. These areas shall remain unobstructed at
ground level and not have any trees overhead.
c. Identify which plan sheets have been updated to demonstrate conforming
landscaping and ground ladder access.
86. AERIAL ACCESS
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 Sect.
D105]
a. AMMR approved for aerial, including installation of fire alarm system
interconnected throughout the whole building with mini horn on roof and
an "enhanced" 13D fire sprinkler system.
87. FIRE APPARATUS ACCESS ROADS
The minimum clear width of fire department access roads shall be 20 feet for
access roadways and 26 feet where aerial access is required. For installation
guide lines refer to Fire Department Standard Details and Specifications sheet
A-1. [CFC Sec. 503]
- Reference sheet C23.
88. SECONDARY FIRE DEPARTMENT ACCESS ROAD
Developments of one or two family dwellings where the number of dwelling
units exceeds 30 shall be provided with two separate and approved fire
apparatus access roads and shall meet the requirements of the SCCFD A-1
standard.
89. FIRE LANES
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. The entire 20 foot fire
apparatus access roads shall be marked as fire lanes. Signs or other approved
notices shall be posted.
- Reference sheet C23.
90. PARKING
When parking is permitted on streets, both during & after construction, it shall
conform to the following:
a. Parking is permitted on both sides of the street with street widths of 36 feet
or more
b. Parking is permitted on one side of the street with street widths of 28 — 35
feet
c. No parking is permitted when street widths are less than 28 feet
NOTE: Fire lane and turnaround striping shall be provided and verified by
site inspection. [SCCFD, A-1 Standard].
91. FIRE HYDRANT
Fire hydrants shall be provided along required fire apparatus access roads and
adjacent public streets and shall be within 400 feet of the structure (CFC Sec.
507 App. B and App. C).
a. Hydrant locations shown on sheet C23. Hydrants shall be installed prior to
combustible construction material being brought onsite. Coordinate with
Cal Water for hydrant installation.
92. FIRE FLOW
The fire flow for this project is 3,000 GPM at 20 psi residual pressure for 3 hours
with an automatic fire sprinkler system installed. [CFC Sec. B105] Note: The
minimum required number and spacing of the hydrants shall be in accordance
with CFC Table C102.1. Any alternative to this standard must be determined
to be to the satisfaction of the Santa Clara County Fire Department prior to
building permit issuance.
93. TIMING OF INSTALLATION
Fire apparatus access roads & water supply for fire protection shall be installed
and made serviceable prior to and during the time of construction except when
approved alternative methods of protection are provided. Temporary street
signs shall be installed at each street intersection when construction of new
roadways allows passage by vehicles in accordance with Section 505.2.
94. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address umbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. 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]
95. CONSTRUCTION SITE 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. 331
96. THIS PROTECT SHALL COMPLY WITH THE FOLLOWING
The California Fire (CFC), Building (CBC) Codes, 2022 edition, as adopted by
the City of Cupertino, California Code of Regulations (CCR) and Health &
Safety Code, and Santa Clara County Fire Department Standards (SCCFD).
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
97. 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.
98. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Sewer Development,
Treatment Plant Capacity, plan check, and permit fees to the District prior to
issuance of Building Permits.
99. UTILITY PLANS
Provide utility plan and profile sheets during the Building Permit phase.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of April, 2026, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Kitty Moore, Mayor
Date
City of Cupertino
ATTEST:
Date
Lauren Sapudar, City Clerk