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TM-2011-01b OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 July 7, 2011 Chris Weaver Habitat for Humanity 513 Valley Way Milpitas, CA 95035 Re: Subject: Six lot subdivision with four new, two-story, single family homes proposed on Cleo Avenue (APN 362-31-004) by Habitat for Humanity Recommended Action: Approve project. Description: Tentative Subdivision Map (TM-2011-0 l) to subdivide 0.30 acres into four lots and two common area lots for a single family residential development; Development Permit (DP-2011-02) and Architectural & Site Approval (ASA-2011-06) for four, two-story single family dwellings; Parking Exception (EXC-2011-06) to allow a parking ratio of 2 open stalls per dwelling, in lieu of the required 2.8 stalls (gaxage and open) per dwelling Dear Mr. Weaver: At its July 5, 2011 meeting, the Cupertino City Council made the following action: l. Approved the Tentative Map (TM-2011-01) to subdivide .30 acres into four lots and two common area lots for a single family residential development. 2. Approved, subject to the following changes, the Development Permit (DP-2011-02) and Architectural and Site Approval (ASA-2011-06) for four, two-story single family dwellings. a. Add a ninth parking space to the site plan b. Increase the side setback along the eastern edge from four feet to five feet c. Set the affordability term for the project at 65 years d. Add articulation to the buildings along the eastern and southern property lines or, as an alternative, add a landscape screen 3. Approved the Parking Exception (EXC-2011-06) to allow a parking ratio of 2.25 open stalls per dwelling in lieu of the required 2.8 stalls (garage and open) per dwelling Unless modified above, the Tentative Map conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan sets titled "Tentative Map/Cleo Avenue Project/4 Unit Residential TM-2011-01 July�7, 2011 Subdivision", dated May 18, 2011, consisting of sheets labeled TM1, Tl, C1 & C2, a Proximity Map, a Right-of-Way Dedication exhibit, and a color rendering showing potential new home design, except as amended by the Conditions contained in this Resolution. 2. 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 requiretnents of Section 66020, you will be legally barred from later challenging such exactions. 3. DEMOLITION OF STRUCTURES Prior to recordation of the final map, the applicant shall demolish and remove all structures on the property. All demolished buildings and site materials shall be recycled to the maximum extent feasible. The applicant shall provide evidence that materials will be recycled prior to issuance of demolition permit. 4. STORM DRAINAGE & UTILITY EASEMENTS At the final subdivision map stage, the applicant shall provide other easements as needed for routing of storm drainage and private utilities. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 5. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 6. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 7. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adj oining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 8. GRADING Grading shall be as approved and required by the City Engineer 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. � TM-2011-01 July 7, 2011 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 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 storm water flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff of the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes) as necessary to avoid an increase of one percent flood water surface elevation of the culvert to the satisfaction of the City Engineer. 10. UNDERGROLTND UTILITIES The 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. The developer shall subinit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits Fees: � a. Checking & Inspection Fees: $ Per current fee schedule b. Grading Permit: $ Per current fee schedule c. Development Maintenance Deposit: $ 3,000.00 d. Storm Drainage Fee: $ TBD e. Power Cost: * * £ Map Checking Fees: $ Per current fee schedule g. Park Fees: $ Per current fee schedule h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement 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 3 TM-2011-01 July 7, 2011 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. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback axea. 14. 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 improyement plans. 15. NPDES CONSTRUCTION GENERAL PERMIT The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, 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. 16. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 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, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. 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, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance 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. 17. EROSION CONTROL PLAN The 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. 18. 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. 4 TM-2011-0 l July 7, 2011 j 19. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 20. OPERATIONS & MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. 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. 21. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 22. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 23. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 24. FIRE PROTECTION Fire sprinlclers shall be installed in any new construction to the approval of the City. 25. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 26. 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. 27. SANTA CLARA WATER DISTRICT CLEARANCE Provide Santa Clara water district approval before recordation of the final map. The developer shall pay for and obtain Water District permit for activities or modifications within the District easement or fee right of way or affecting District facilities. 28. SANITARY DISTRICT � A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 29. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 5 TM-2011-0 l July 7, 2011 30. SAN JOSE WATER COMPANY CLEAR.ANCE Provide San Jose Water Company approval before recordation of the final map. 31. DEDICATION OF WATERLINES The developer shall dedicate to the San Jose Water Company all waterlines and appurtenances installed to their standards and shall reach an agreement with San Jose Water Company for water service to the subject development. 32. OTHER AGENCY CLEARANCES Provide all necessary clearances and approvals from other agencies (both public and private) before recordation of the final map. Unless modified above, the Development Permit conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS This approval is based on Exhibits titled: "CLEO AVENUE/Cupertino, California" dated May 18, 2011 consisting of 9 sheets labeled: Architectural Site Plan, Plan 1(Floor Plan), Plan 1 Exterior Elevations, Plan 1 Alt (Floor Plan), Plan 1 Alt Exterior Elevations, Plan 2(Floor Plan), Plan 2 Exterior Elevations, L-1, and GreenPoint Rated Checklist: Single Family, prepared by KTGY Group, Inc., except as may be amended by conditions in this resolution. 2. DEVELOPMENT PERMIT APPROVAL Approval is granted for four two-story, single-family detached residences in a residential planned development zoning district, P(RES). 3. DEVELOPMENT ALLOCATION The City shall deduct four residential dwelling units from the General Plan residential development allocation (Neighborhood - Other Areas) for this development. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. ASA-2011-06, EXC-2011-06, and TM-2011-0 l shall be applicable to this approval. 5. 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. 6 TM-2011-01 July 7, 2011 Unless modified above, the Architectural and Site conditions are as follows: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on the plan set titled: "CLEO AVENUE/Cupertino, California" dated May 18, 2011 consisting of 9 sheets labeled: Architectural Site Plan, Plan 1(Floor Plan), Plan 1 Exterior Elevations, Plan 1 Alt (Floor Plan), Plan 1 Alt Exterior Elevations, Plan 2(Floor Plan), Plan 2 Exterior Elevations, L-1, and GreenPoint Rated Checklist: Single Fainily, prepared by KTGY Group, Inc., except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent properiy data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. U-2011-05, TM-2011-01 and EXC-2011-06 shall be applicable to this approval. 4. DEVELOPMENT APPROVAL Architectural and Site Approval is granted for the architectural design and site plarming for the Cleo Avenue developinent of four single-family residences on 0.30 acre. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 5. FENCING Onsite fencing and common boundary fencing with the property to the west shall be removed and replaced with a minimum 6-foot tall wooden fence that screens the parking lot from public street views as depicted on the approved plans. Any fencing within the front yard of the project lot shall be in accordance with the City's fence ordinance. 6. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per section 14.15.040 of the Landscaping Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 7. LANDSCAPE INSTALLATION REPORT 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. 7 TM-2011-01 July 7, 2011 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." 8. LANDSCAPE AND IRRIGATION MAINTENANCE 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. 9. CONSTRUCTION HOURS 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. The developer shall be responsible for educating all contractors, subcontractors and volunteers of said construction restrictions. Rules and regulation pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer- appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the j ob site. 10. 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. 11. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval with neighborhood input. s TM-2011-01 y July 7, 2011 12. WINDOWS At the building permit state, the applicant shall submit construction plans that include a window and door schedule that provides certain minimum Sound Transmission Class (STC)-rated windows and doors for various project houses as follows: a) All second story windows with line of sight to Highway 85 shall be rated 35 STC or greater. b) All second story windows without line of sight to Highway 85 shall be rated 30 STC or greater. c) Ground floor windows and doors shall be rated 26 STC or greater. 13. VENTILATION To help control noise, each dwelling shall be provided with a forced-air, mechanical ventilation system. 14. 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. 15. 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. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. Tlze conditio�zs of project approval set fortlz herein may include certain fees, dedication requirements, reservation requirements, and otlier exactions. Put-suant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of tlze amount of such fees, and a description of tlze dedications, reservations, and ot/ier exactions. You are Izereby furtlzer notifiecl tlzat tlie 90-day approval period in whic/z you may protest tliese fees, dedications, and other exactions, pursuant to Government Code Section 66020(a), lias begun. If you fail to file a protest witlzin tlzis 90-day period co�:plying witli all of tlie reqacirements of Section 66020, you will be legczlly barred from later clzallenging suclt exactions. A�iy interested person, including the applica�zt, prior to seeking judicial review of the city couizcil's decision i�z tlzis �natter, must first file a petition for reconsideration wit1T tlze city clerk 9 TM-2011-01 July 7, 2011 wit/iin ten days after tlze council's decision. Any petitio�z so filed must comply with mu�zicipal ordinance code �2.08.096. Sincerely: C��.�S � Grace Schmidt Deputy City Clerk cc: Community Development l0 TM-2011-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6640 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE 0.30 ACRE INTO FOUR RESIDENTIAL LOTS AND TWO COMMON AREA LOTS FOR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON CLEO AVENUE (APN 362-31-004) SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1) That the proposed subdivision map is consistent with the City of Cupertino General Plan. 2) That the design and improvements of the proposed subdivision are consistent with the General Plan. 3) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. 4) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidably injure fish and wildlife or their habitat. 5) That the design of the subdivision or the type of improvements associated there with is not likely to cause serious public health problems. 6) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. 7) The proposed project is categorically exempt from the California Environmental Quality Act and the National Environmental Policy Act. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Tentative Subdivision Map, file no. TM-2011-01, is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and That the sub conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. TM-2011-01 as set forth in the Minutes of the Planning Commission Meeting of June 14, 2011, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: TM-2011-01 Applicant: Chris Weaver (for Habitat for Humanity Silicon Valley) Location: Cleo Avenue (APN 362-31-004) Resolution No. 6640 TM -2011-01 June 14, 2011 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan sets titled "Tentative Map/Cleo Avenue Project/4 Unit Residential Subdivisiori', dated May 18, 2011, consisting of sheets labeled TM1, T1, C1 & C2, a Proximity Map, a Right-of-Way Dedication exhibit, and a color rendering showing potential new home design, except as amended by the Conditions contained in this Resolution. 2. 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 staternent 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 Governxnent 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. 3. DEMOLITION OF STRUCTURES Prior to recordation of the final map, the applicant shall demolish and remove all structures on the property. All demolished buildings and site materials shall be recycled to the maximum extent feasible. The applicant shall provide evidence that materials will be recycled prior to issuance of demolition permit. 4. STORM DRAINAGE & UTILITIY EASEMENTS At the final subdivision map stage, the applicant shall provide other easements as needed for routing of storm drainage and private utilities. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 5. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 6. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 7. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. 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. 8. GRADING Grading shall be as approved and required by the City Engineer 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. Resolution No. 6640 TM -2011-01 June 14, 2011 9. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. 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 storm water flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff of the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes) as necessary to avoid an increase of one percent flood water surface elevation of the culvert to the satisfaction of the City Engineer. 10. UNDERGROUND UTILITIES The 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. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits Fees: a. Checking & Inspection Fees: $ Per current fee schedule b. Grading Permit: $ Per current fee schedule c. Development Maintenance Deposit: $ 3,000.00 d. Storm Drainage Fee: $ TBD e. Power Cost: ** f. Map Checking Fees: $ Per current fee schedule g. Park Fees: $ Per current fee schedule h. Street Tree By Developer ** Based on the latest effective PG&E rate schedule approved by the PUC Bonds: Faithful Performance Bond:100% of Off-site and On-site Improvements _ Labor & Material Bond:100% of Off-site and On-site Improvement 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. Resolution No. 6640 TM -2011-01 June 14, 2011 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. The transformer shall not be located in the front or side building setback area. 14. 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. 15. NPDES CONSTRUCTION GENERAL PERMIT The developer must obtain a Notice of Intent (NOI) from the State Water Resources Control Board, 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. 16. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 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, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. 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, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance 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. 17. EROSION CONTROL PLAN The 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. 18. 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. 19. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 20. OPERATIONS & MAINTENANCE AGREEMENT The developer shall enter into an Operations & Maintenance Agreement with the City prior to final occupancy. 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. Resolution No. 6640 TM -2011-01 june 14, 2011 21. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 22. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 23. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 24. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 25. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 26. 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. 27. SANTA CLARA WATER DISTRICT CLEARANCE Provide Santa Clara water district approval before recordation of the final map. The developer shall pay for and obtain Water District permit for activities or modifications within the District easement or fee right of way or affecting District facilities. 28. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 29. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, PacBell, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. 30. SAN TOSE WATER COMPANY CLEARANCE Provide San Jose Water Company approval before recordation of the final map. 31. DEDICATION OF WATERLINES The developer shall dedicate to the San Jose Water Company all waterlines and appurtenances installed to their standards and shall reach an agreement with San Jose Water Company for water service to the subject development. Resolution No. 6640 TM -2011-01 June 14, 2011 32. OTHER AGENCY CLEARANCES Provide all necessary clearances and approvals from other agencies (both public and private) before recordation of the final map. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices /s/Timm Borden Timm Borden, Director of Public Works City Engineer CA License 45512 PASSED AND ADOPTED this 14� day of June 2011, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Sun, Brownley NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gar�Chao /s/Winnie Lee Gary Chao Winnie Lee, Chair City Planner Planning Commission � 1 , , � � � 1 1 1 i f � � i I i 1 I 1 I 1 I � i � I � I � � i i I � i f � � � , � LEGEND LOT UNE - LNE OATA PARKING EA3EMENT - L.ME DATA Na �E�iaNO aer� No. �a osru� � �'�� L1 N�71't0'E 2Q!! rt NM'Or�W tlAR � � L2 N�1'l� E �Jr r2 N 00'al'10' E E1�D0' L� i�m"E iO0' Pi aM�lCE 1{�0/' EAE EMERGENCYACCESSF.I�SB�lENT u N00'a1'10'E xtt R ssey�E tx �� . �e s w� e a�.n� ra a�o�r�r w eaor i�iai ��aae.�� ` I I�� r ooNFaw I � IN(3RE83/EaRE3SEASEMENT Le s�e'�orE s� re n�e'uao�W s1.1r '1 rT. aoPE - 2oe� YN. 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