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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