HomeMy WebLinkAboutPC RESOLUTION NO. 2026-19 (ASA-2025-014)CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2026-19
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 35-TOWNHOME-CONDOMINIUM UNITS,
ON TWO ADJACENT PARCELS TOTALING 1.67 -ACRES,
INCLUDING TREE REMOVALS AND REPLACEMENTS
LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.
APNs: 366-10-061 & -126
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 8th day of September 2026, by the following roll call vote:
AYES: Kosolcharoen, Scharf, Fung, Lindskog and Rao.
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
Piu Ghosh
Planning Manager
APPROVED:
Tracy Kosolcharoen
Chair, Planning Commission
EXHIBIT ASA
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMIT
FOR A NEW RESIDENTIAL DEVELOPMENT PROJECT
CONSISTING OF 35-TOWNHOME-CONDOMINIUM UNITS
ON TWO ADJACENT PARCELS TOTALING 1.67 -ACRES,
INCLUDING TREE REMOVALS AND REPLACEMENTS,
LOCATED AT 1655 S. DE ANZA BLVD. AND 7357 PROSPECT RD.;
APNs: 366-10-061 & -126
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2025-014
Applicant: Joshua Vrotsos (Dividend Homes)
Property Owner: Prospect Venture LLC
Location: 1655 S. De Anza Blvd. & 7357 Prospect Rd.; APNs: 366-10-061 &
-126
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 September 8, 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 September 8, 2026 the Planning Commission recommended on a 5-0
vote that the City Council approve the Use Permit (U-2025-005) in substantially
similar form to the Resolution presented (Resolution No. 2026-20), approve the
Architectural and Site Approval Permit (ASA-2025-014) in substantially similar form
to the Resolution presented (Resolution No. 2026-19), approve the Vesting Tentative
Map (TM -2025-006) in substantially similar form to the Resolution presented
(Resolution No. 2026-21), and approve the Tree Removal Permit (TR-2025-030), in
substantially similar form to the Resolution presented (Resolution No. 2026-22); 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 South Saratoga -Sunnyvale Road Conceptual Zoning Plan. 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.
All five structures proposed are taller than the maximum height allowed by the General
Plan and have reduced setbacks that are less than those required by the South
Sunnyvale -Saratoga Conceptual Zoning Plan and the Municipal Code. The provisions
of state law density bonus law allow the applicant to waive development standards
which would otherwise preclude the applicant from building the project they designed
since the proposed project includes specified amounts of affordable housing. The City
does not have the ability to require changes to the proposed project to meet any of the
development standards that they have requested waivers from. However, the proposed
townhome development will incorporate on site landscaping, both on the interior and
toward the exterior of the development, to provide partial visual screening of the
proposed buildings, that will still comply with Fire Department emergency
ingress/egress standards for access to second and third story windows.
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 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 for each proposed structure is the same. The buildings reflect a modern
design, with flat roofs and rectangular shape. The second and third stories cantilever
approximately two feet over the footprint of the building's first floor in all directions.
The materials and colors are strategically used to accentuate changes in plane, adding
visual interest to each facade. The buildings utilize two different material and color
schedules to enhance the visual interest on the site. Both styles incorporate fiber cement
panels, stucco and offer changes in color to add interest. The trees proposed for the
interior of the site are a mixture of evergreen and deciduous species, providing both
year-round flowers and/or greenery. The primary water use classification for new trees
and landscape on site are low to medium. Shrubs will be utilized to screen all above
ground utilities, to the extent permitted by PG&E regulations. 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 must 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.
Each unit includes a roof deck to provide private outdoor space, with some units with
second floor balconies. To reduce privacy impacts, the mature landscaping that extends
the entire length of the western property line will be retained and protected in place;
Additional privacy planting is proposed where openings exist. None of the proposed
balconies are located on the western facing facades. All seven rooftop decks on building
5 have been located along the eastern side of the roof footprint, with the western side of
the roof reserved for future solar use. Only two units, located in Buildings 1 and 3
respectively, (Units 1 and 15) will have western facing views from the roof decks.
However, the decks are setback approximately 48.5 feet from the western property line.
Additionally, the existing and proposed landscaping will help obscure off -sight views.
The second and third floors of the three buildings, Buildings 1, 3 and 5, closest to the
neighboring residences are setback between 34 feet and 48.5 feet from the western
property line.
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-2025-
014, 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-2025-014 as set forth in the Minutes of the
City Council Meeting of October 6, 2026, 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 "1655 S De Anza Blvd Major
Architectural and Site Approval Application Cupertino, CA" consisting of 74
sheets labeled as, P.1- P.5, A.1 - A.27, TM1.0, C2.0 -C7.3, T1.0 - T1.4, L1.1 - L3.2,
INT1, INT2, PrPM1, PrSL1 and PrSL2, drawn by Dahlin [Architect] Group, BKF
[Civil] Engineering and Michael Arnone [Landscape Architect] + Associates,
except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible for verifying 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 -2025-006, U-2025-005, and
TR-2025-030 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. 35 townhomes, with 5 townhomes dedicated as units affordable to
households as follows: one moderate income, one median -income, and
three very low income.
b. 70 enclosed residential garage parking spaces;
c. 7 open guest parking spaces;
d. 35 enclosed residential garage bicycle spaces;
e. 4 short term bicycle spaces with racks? in the common area(s);
f. Landscaping in designated locations with the use of the approved plant
palate, including native and drought -tolerant plants;
g. Vegetated stormwater treatment facilities with the use of native plants;
h. 327-515 square feet/per unit of private open space on second floor balconies
and/or roof top decks;
i. 18,677 square feet of landscaped area;
j. Screened mechanical equipment;
k. Underground utilities;
1. Screening six -foot -tall "good neighbor" fence on the western property line
and eight -foot -tall sound wall separating the proposed residential uses
from existing commercial uses on the northern, southern and south-east
property lines, in areas where required.
6. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state's Density Bonus law, the project is eligible for two
concessions and unlimited waivers, as approved via this permit. The project is
granted one concession and 11 waivers as requested and to the extent indicated
on the approved project plans as follows:
a. Concession to allow a 100% residential development where a mixed use
development is required; and
b. Waiver to deviate from the General Plan's 1:1 Building Plane Slope Line
Standard (Community Form Diagram, LU-2).
c. Waiver to exceed the 85% Floor Area Ratio standard (CMC 19.46.070(B)).;
and
d. Waiver to exceed the 30 -Foot Height Limitation (General Plan Figure LU-
2)).; and
e. Waiver to exceed the three story Building Story Limit (COA 18(a) of the S.
Sunnyvale -Saratoga Conceptual Zoning Plan & CMC 19.46.070 TH
Combining District); and
f. Waiver to reduce the required 35 -foot Front Setback measured from curb at
S. De Anza Blvd. and 20 -foot Front Setback measured from property line on
Prospect Road. (CMC 19.36.070(C)(1)); and
g. Waiver to not meet the Design Requirements of the zoning code(CMC
19.46.070(F)(1)).; and
h. Waiver to deviate from the Site & Building Design COA 17. of the S.
Sunnyvale -Saratoga Conceptual Zoning Plan, that requires buildings to be
placed contiguous to the required landscape buffer outlined in COA 19(d);
and
i. Waiver to reduce the required 15-20 foot Landscape buffer between new
buildings and existing single-family residential areas in COA 19(d) of S.
Sunnyvale -Saratoga Conceptual Zoning Plan.; and
j. Waiver to reduce the minimum 50' Building Step -back required in COA
18(c) South Sunnyvale -Saratoga Conceptual Zoning Plan for third floors;
and
k. Waiver to reduce the required 35 foot landscape setback area on S. De Anza
Blvd and 25 foot landscape setback area on Prospect Rd. in COA 19(a) and
(c) of S. Sunnyvale -Saratoga Conceptual Zoning Plan.
1. Waiver to reduce the required 10-15 foot landscape parkway strip required
on S. De Anza Blvd as a Public Improvement in CAO 24(c). of the S.
Sunnyvale -Saratoga Conceptual Zoning Plan.
7. DEVELOPMENT ALLOCATION
The approval of this project results in the reallocation (General Plan 2015-2040,
LU-1) of 13,485 square feet of retail commercial back to the South De Anza
Special Area.
8. AFFORDABLE UNITS
The Project is required to provide 5.2 BMR units (20% of 26 base units).
Pursuant to the City's BMR program, 5 units will be provided on site, and 0.2
units will be paid in in -lieu fee. The project shall include 5 units affordable to
households as follows: 1 median -income (80-100% of Area Median Income),
and 1 moderate -income (100-120% of Area Median Income) and 3 very low-
income (Less than < 50% of Area Median Income) as determined by the City's
BMR Mitigation Manual.
9. 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.
10. 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.
11. FINAL ARCHITECTURAL DETAILS & 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.
12. 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.
13. 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.
14. 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
15. 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.
16. 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.
17. FORMATION OF A HOMEOWNER'S ASSOCIATION
A Homeowner'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.
18. RECIPROCAL INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction running with the
land, subject to approval of the City Attorney, for all parcels that share a
common private roadway with, including the parcel to the north of the subject
site. The deed restriction shall provide for necessary reciprocal ingress and
egress easements to and from the affected parcels. The easements shall be
recorded prior to final map recordation.
19. ROAD MAINTENANCE AGREEMENT
A reciprocal maintenance agreement shall be required for all parcels that share
a common private roadway with one or more other parcels within the tract.
The agreement shall be recorded in conjunction with recordation of the final
map, and shall be subject to prior approval as to form and content by the City
Attorney.
20. 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.
21. 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.
22. 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.
23. 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.
24. FENCING
1. Fences and sound walls must end at the face of buildings and may not
extend past the face of buildings fronting S. De Anza Blvd. and Prospect
Rd.
2. Existing fencing that is leaning and/or is in poor condition along the
western property line must be repaired prior to building permit issuance.
3. No fencing shall be constructed between units.
25. PRIVACY LANDSCAPE
Tree IDs 2, 3, 4, 252 - 261 are neighboring trees located on private properties
that extend along the western property line that is shared with existing single-
family uses. The neighboring trees consist of (5) Australian Brush Cherry
(syzygium paniculatum) at 35 feet tall and (8) Coast Redwoods (sequoia
sempervirens) ranging from 40 to 60 feet tall. The neighboring trees may serve
as privacy landscape in -lieu of on -site privacy plantings in these locations
(refer to sheet T-1.0 Existing Tree Map in the approved plans). In the event that
the privacy planting be removed, die or damaged in the future, the Townhome
HOA shall provide replacement planting(s) on site in the same location(s),
subject to approval of the City of Cupertino.
26. 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.
27. 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."
28. 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.
29. 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.
30. 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.
31. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of
any structures approved in conjunction with the project.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. INTERIOR NOISE STANDARDS
For multi -family residential development, interior noise levels attributable to
exterior sources shall not exceed applicable Building Code standards. Each
residential unit shall be designed in accordance with the recommendations of
a certified acoustical engineer, and building permit plans shall include those
recommendations for review and verification by the Building Official. Units
shall be constructed using good -quality construction practices and properly
installed equipment to ensure that the interior average day -night noise level
does not exceed 45 dBA.
For non-residential development, interior noise levels shall be evaluated and
designed by a certified acoustical engineer to meet CalGreen Acoustical
Control requirements. The certified acoustical engineer's recommendations
shall be included in the building permit plans for review and verification by
the Building Official.
Mixed use development shall apply the applicable interior noise level standard
to residential and non-residential portions of the project Prior to issuance of a
certificate of occupancy, the applicant shall submit post -construction
monitoring or reporting, prepared by a certified acoustical engineer,
documenting compliance with the applicable interior noise level standards.
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. 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.
41. 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.
42. 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.
43. EXCESSIVE NOISE AND VIBRATIONS
The project does not intend to conduct the following activities within the
screening distance to buildings or structures: pile driving within 100 feet,
vibratory roller within 25 feet, or other heavy equipment (e.g., bulldozer)
within 15 feet; and for historical structures: pile driving within 135 feet,
vibratory roller within 40 feet, or other heavy equipment within 20 feet as
indicated with project materials. Should such equipment be used within the
screening distances outlined in Chapter 17.04, additional studies and review is
required by the City prior to such equipment use.
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. 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.
44. 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.
45. 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.
Requested by California Native American tribes Tamien Nation and
Muwekma Ohlone Tribe of the SF Bay Area, the Applicant shall retain and
fund tribal monitoring during all ground -disturbing activities. The designated
tribal monitor shall be selected by the tribe(s) 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. 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.
51. 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.
52. TREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project
frontage will be required to the satisfaction of the Director of Public Works.
Street improvements, grading and drainage plans must be completed and
approved prior to Final map approval.
Street improvements may include, but not be limited to, new detached
sidewalk, new ADA ramp, driveways, storm drain lateral, street tree
installations, and street light and/or pedestrian push button relocation. All
improvements must be completed and accepted by the City prior to Building
Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
Additional comments will be provided and shall be incorporated prior to Final
Map approval.
53. 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.
54. 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.
55. 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.
56. 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.
57. 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.
58. 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.
59. SUBDIVISION AGREEMENT
The project developer shall enter into an Subdivision 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 Final Map approval.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($6,203 or 5% of
improvement costs)
b. Grading Permit: Per current fee schedule ($5,365 or 6% of
improvement costs)
c. Tract Map Fee: Per current fee schedule ($15,013)
d. Storm Drainage Fee: Per current fee schedule (residential: $4,548
per AC + $345 per unit)
e. Transportation Impact Fee: Per current fee schedule: (residential: $4,215
per unit)
f. Park Fees: Per current fee schedule: $54,000 per unit
($1,620,000 based on 30 new units, 5 BMR are
waived.
g. Storm Management Plan Fee Per current fee schedule ($2,432)
h. Street Tree Fee: By Developer or Per current fee schedule:
$562 per tree
i. Developer contribution: $12,500 fee for the future development of a
Gateway monument sign at the median
of De Anza Blvd.
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.
60. 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.
61. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under
City's Transportation Impact Fee Program (CMC Chapter 14.02).
62. PARKS
The residential project is subject to the payment of park fees in -lieu of park land
dedication under City's Park Land Dedication Fee (CMC Chapter 13.08).
63. 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.
64. 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.
65. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the
City before 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, sidewalk, pavers, and street lights.
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. 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. 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.
68. 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.
69. 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.
70. 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.
71. 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.
72. 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.
73. 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.
74. 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.
75. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction.
76. 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).
77. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County
Fire Department as needed.
78. SAN JOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection,
service capability and location and layout of water lines and backflow
preventers before Final Map approval.
79. 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.
80. 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.
81. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property
(including PG&E, AT&T, and San Jose Water Company, and/or equivalent
agencies) will be required prior to Final Map approval.
82. RECIPROCAL EASEMENT AMENDMENT
Developer shall provide the recorded amended reciprocal easement document
prior to Final Map recordation.
83. LANDSCAPE MAINTENANCE DISTRICT
In the event that a Landscape Maintenance District is established for the
medians along South De Anza Boulevard, the property owner shall agree to
join and participate in the district, including payment of the corresponding
fees.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
84. INSTALLERS AGREEMENT
The property owner shall enter into an Installer's Agreement with the District
for the construction of the proposed sewer infrastructure and associated fees
prior to issuance of Building Permits.
The following fees will be required during the Building Permit phase as part
of the Installer's Agreement:
a. Sewer Connection Fee: The property owner shall pay all required Cupertino
Sanitary District Sewer Connection Fees - New Townhome/Condominium
($9,859.00/per unit) (O.C.7201).
b. Treatment Plant Capacity Fee: Cupertino Sanitary District Treatment Plant
Capacity Fee — Townhouse/Condominium ($3,495) is required for the subject
improvements. (O.C. 7202).
c. Peak Wastewater Flow Mitigation Fee
d. District Administration, Engineering, and Inspection Fees (including permit
processing, plan check, and permanent disconnecting and capping fees for
existing lateral O.C. 7101)
85. DESIGN REQUIREMENTS
a. Parcels 366-10-061 and 366-10-126 will be joined into one large parcel for
the commercial and garage buildings. Each townhome will have their own
parcel number.
b. Each unit must have a separate Property Line Cleanout on its lateral.
Maintain a minimum horizontal separation of 10 feet between sewer and
water service lines.
c. All off -site and on -site sewer manholes must be constructed in accordance
with District standards.
d. Sewer line gradients must be clearly shown and maintain a minimum slope
of 2%.
e. An approved backflow device (IAPMO or UPC approved) is required IF
the lowest finished floor with plumbing is less than (1') foot above the rim
of the nearest upstream manhole (O.C. 4105).
f. Trees should be planted 10' from the sanitary sewer line to prevent root
intrusion. Alternatively, the sewer line should be sleeved to protect the pipe
from root intrusion.
g. Building Permit Phase — Sewer Plan and profile views of all on -site sanitary
sewer manholes, sewer mains, and laterals are required.
1. Please refer to District Standard Details for the proposed sanitary sewer
works and connections.
86. THE FOLLOWING CORRECTIONS/CLARIFICATIONS SHALL BE MADE IN
THE BUILDING PERMIT PLANS.
a. Sheet C5.0: Please show the existing sanitary sewer lateral on the plans and
indicate that it will be abandoned and permanently capped at its connection
to the existing sanitary sewer mainline/manholes. (The proposed
development is shown to have an entirely new sanitary sewer system.) For
reference, the existing lateral is 4 -inch diameter VCP, 31 feet long, and
located approximately 6 feet from the right property line.
b. Sheet C5.0: Please show the following existing sanitary sewer facilities, see
details below for reference:
i. Upstream MH T-560: Rim Elev. 301.00; Invert/Outlet Elev. =291.35;
Depth 9.65 ft.
ii. Downstream MH PROS -01 (replaced FI-T-55F): Rim Elev. 303.75; Depth
= 9.24 ft.
iii. Existing sanitary sewer mainline along S. De Anza Blvd.: approximately
156 feet of 10 -inch -diameter VCP.
c. Sheet C5.0, C5.1 & C5.2: Sanitary Sewer Laterals. Laterals shown in the plan
views are connected to both sides of the sanitary sewer mainline at the same
station. The District does not allow this configuration. Please stagger or
offset the lateral connections along the mainline and maintain a minimum
2 -foot clear separation between lateral connections. Please provide the
lateral locations and elevations accordingly.
d. Sheet C5.0, C5.1 & C5.2: Sanitary Sewer Laterals. Provide the sanitary sewer
lateral depth (from the PLCO to the sanitary sewer main) , diameter and
elevations for all proposed laterals.
e. Sheet C5.0, C5.1 & C5.2: Manhole Details. Provide a sanitary sewer manhole
(SSMH) channel detail for all proposed new manholes.
f. Sheet C5.0, C5.1 & C5.2: Manhole Details. Clearly label the proposed new
manholes as SSMH #1, SSMH #2, and SSMH #3. Please provide the pipe
invert/flowline elevations at the manholes. Clearly identify the invert
elevations as "INV" on the plans. The indicated INV elevation shall
represent the pipe invert/flowline elevation at the manhole.
g. Sheet C5.0, C5.1 & C5.2: Manhole Details. Provide the location of each
proposed SSMH, including the distance to the nearest upstream or
downstream manhole.
h. Sheet C5.0, C5.1 & C5.2: Vertical Clearance. Show the vertical clearance
between the bottom of the storm drain, including other utilities, and the top
of the proposed sanitary sewer (SS). Provide sufficient
dimensions/elevations on the profile to demonstrate the available
clearance.
87. EASEMENTS
a. As the proposed sewer lines will be located on private property, the District
will require an easement on these parcels for the installation of the sanitary
sewer mainlines and laterals.
b. Sanitary Sewer Easements must be granted to CuSD for all mainlines
located within the property.
c. The applicant must provide a Plat and Legal Description of the Public
Sanitary Sewer Easement for District review.
d. The District will allow removal of sanitary sewer easement (SSE) if the
sewer improvements are located within a proposed Public Utility Easement
(PUE) shown and recorded on the Final Map.
e. The easement deed must be prepared, executed, and recorded with the
County Recorder's Office prior to project acceptance.
88. ADDITIONAL REQUIREMENTS
a. Approval of the Building Permit is subject to available system capacity at
the time of review.
b. A sand/oil separator is required if a trash enclosure is being installed.
c. The installation of interior grease traps or exterior grease interceptors may
be required for commercial buildings, contingent upon their intended use.
d. Storm water surface or roof drains and other general surface water runoff
shall not be discharged to the sanitary sewer.
e. The cleanout is required to be protected with a (G-5) Christy Box. If the
cleanout is installed in the driveway or may be subject to traffic, the District
strongly recommends the lid to have a traffic rated bolt -down grate. The
box must be set and conform to the pavement finished grade. The cleanout
must not be covered up by pavers or any other materials that will make the
cleanout inaccessible. (O.C. 4101).
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA
COUNTY FIRE DEPARTMENT
89. FIRE SPRINKLERS REQUIRED
(As noted on sheet P.1) 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. NFPA 13 sprinklers
will be provided.
90. FIRE ALARM
Fire alarm requirements will be determined during building permit phase.
91. REQUIRED FIRE FLOW
The fire flow for this project is 3750 GPM at 20 psi residual pressure. If an
automatic fire sprinkler system will be installed, the fire flow will be reduced
by 50%, establishing a required adjusted fire flow of 1875 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. Hydrant spotting plan
approved PC 260491, provide documentation from a local water purveyor
confirming the required fire flow of 1875 GPM @ 20 psi residual from new fire
hydrant located within 400' of the farthest exterior corner of the structure
during building permit.
92. PUBLIC/PRIVATE FIRE HYDRANT REQUIRED
(As note on sheet C7.0) Provide a public/private 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 1875 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.
93. FIRE HYDRANT SYSTEMS REQUIRED
(As note on sheet C7.0) 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 the distance requirement shall be 600 feet. For
buildings 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]. Three new
public hydrants noted on sheet C7.0.
94. FIRE DEPARTMENT CONNECTION
(As noted on sheet C7.0) 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].
95. FIRE DEPARTMENT ROADWAY TURNAROUND REQUIRED
(As noted on sheet C7.0) Dead-end fire apparatus access roads in excess of 150
feet (45,720mm) shall be provided with width and turnaround provisions as
determined by the Fire Code Official.
96. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED
(As noted on sheet C7.0) Provide an access roadway with a paved all-weather
surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet
6 inches, minimum circulating turning radius of 30 feet inside, 50 feet outside,
and a maximum slope of 15%. Surface shall be capable of supporting 75K
pounds. Installations shall conform to Fire Department Standard Details and
Specifications sheet A-1. CFC Sec. 503.
97. BUILDINGS AND FACILITIES ACCESS
(As noted on sheet C7.0) 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].
98. REQUIRED AERIAL ACCESS
(As noted on sheet A.7.1 and sheet C7.0) 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. Exception: Where approved by the
fire code official, buildings of Type IA, Type IB or Type IIA construction
equipped throughout with an automatic sprinkler systemin accordance with
Section 903.3.1.1 and having firefighter access through an enclosed stairway
with a Class I stand pipe from the lowest level of fire department vehicle access
to all roof surfaces. Overhead utility and power lines shall not be located within
the aerial fire apparatus access roadway. Width: Fire apparatus access roads
shall have a minimum unobstructed width of 26 feet (7925) in the immediate
vicinity of any building or portion of building more than 30 feet (9144 mm) in
height. Proximity to building: At least one of the required access routes
meeting this condition shall be located within a minimum of 15 feet (4572) and
a maximum of 30 feet (9144mm) from the building, and shall be positioned
parallel to one entire side of the building, as approved by the fire code official
[CFC Chp. 5 and SCCFD SD&S A-1].
99. FIRE LANES REQUIRED
(As noted on sheet C7.0) The minimum clear width of fire department access
roads shall be 20 feet. Fire apparatus access roads shall be designated and
marked as a fire lane as set forth in Section 22500.1 of the California Vehicle
Code.
100. GROUND LADDER ACCESS
(As shown on sheet C7.0 and L.2.0) 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.
101. 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). 2025 CFC Sec. 903.3.5 and Health and Safety Code
13114.7.
102. 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 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 6 inches 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.
103. 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.
SECTION VII: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL
PROGRAMS DIVISION
104. TRASH ENCLOSURE
All wet waste businesses, defined as a business that produces food, organic
and/or liquid wastes, must include a covered trash enclosure to accommodate
all waste containers including compactors (landfill, recycling, organics, and
cooking oil/grease). The trash enclosure must be designed and constructed in
accordance with the "Guidelines for Non -Residential Building Trash and
Recycling Enclosures". If a property does not have a trash enclosure, has one
that does not have roof, or is of inadequate size for all tenant space on the
property, construction of a new or modification of an existing one must be
included with the plan set submitted during the review process. The trash
enclosure must be designed or modified to accommodate all waste containers
in use by all occupants of the property, not merely the tenant making
application for the building or development permit.
105. WASTE TRIOS AND CIGARETTE URNS
One permanently installed exterior waste receptacle trio (landfill, recycle,
compost) and cigarette urn, designed for public use must be installed on the
property and shown on the plans submitted. One trio set and cigarette urn
satisfies the requirement for up to four adjacent businesses on one property.
The receptacle openings and cigarette urn must be sufficiently covered to
prevent rainwater intrusion.
106. FULL TRASH CAPTURE STORM DRAIN SYSTEMS
For projects located in moderate and high trash management areas as defined
by the City of Cupertino Trash Management Area Map or are adjacent to a
creek, full trash capture systems are be required. Fueling stations, automotive,
light industrial or other uses which may have fine particulate or liquid based
pollutants (including cooking oils/grease) may require an additional media
and/or hydrocarbon filter fitted to the trash capture system. Topographical
flow maps of the property identifying all storm drain inlets, underground
storm water flow lines, and all connections with the City's storm drain system
and any adjacent property are required to be submitted during plan review.
All full trash capture systems installed must be selected from the California
State Water Resources Control Board approved list. Please refer to the
Certified Trash Full Capture Systems List of Trash Treatment Control Devices
to find a suitable system to treat the entire property. The design of the trash
control system may be required to be reviewed and stamped by a registered
Civil Engineer. Devices must be installed and maintained (cleaned) according
to the manufacturer specifications and to ensure that they are operated at a
level necessary to maintain their designation as a full -capture system as
required by the City of Cupertino and San Francisco Bay Region Municipal
Regional Stormwater Permit (NPDES No. CAS612008) Order No. R2-2015-
0049 (MRP) Provision C.10.b.i. The property owner must provide official
written record of cleaning and maintenance to the City upon request during
periodic City inspections.
107. STORM DRAIN INLET LABELING
All exterior storm drain inlets on the property shall be clearly marked with
"No Dumping Flows to Creek" or "No Dumping Flows to Bay".
108. DESIGNATED SMOKING AREAS
If smoking is permitted on the property, the designated smoking area(s) must
be identified on the plans and an appropriate number of cigarette urns with
rain water covers are required. If smoking is not permitted on the property
an appropriate number of cigarette urns with rainwater covers must be
provided on private property immediately adjacent to the sidewalk to prevent
discarded cigarettes from being disposed on the sidewalk and street.
109. EXTERIOR COPPER
The exterior use of copper for roofing materials, rain gutters, downspouts, or
any ornamental enhancement is prohibited. Small copper adornments such
as door handles or fence post caps are exempted.
110. CONSTRUCTION AND DEMOLITION MATERIAL RECYCLING AND
RECOVERY
All construction, demolition, and renovation projects are required to submit a
completed Debris Recovery Plan (DRP) in Green Halo demonstrating that a
minimum of 65% of the waste material generated will be recycled consistent
with the provisions of the California Green Building Standards Code and the
Cupertino Municipal Code. If a project includes both demolition and
construction under separate permits, DRPs are required for each permit.
111. PCB ASSESSMENT AND MITIGATION IN ADVANCE OF DEMOLITION
If demolition of an existing building(s) is planned, PCB testing and
remediation is required prior to obtaining a demolition permit. Buildings
constructed or remodeled from January 1, 1950 to December 31, 1980 must
undergo representative sample testing and analysis by a certified analytical
laboratory for PCB presence. A report of these findings must be submitted to
the Environmental Programs Division. This requirement does not apply to
remodeling and single-family residential and/or wood frame structures:
however, all demolition permit applicants must complete the PCB Screening
Assessment Form to determine if the structure being demolished is deemed
an applicable structure. No demolition permit will be issued until all required
forms and reports have been satisfactorily submitted and approved by the
Environmental Programs Division.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of October, 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