DP-2011-05b OFFICE OF THE CITY CLERK
CITY HALL
1030Q TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
September 20, 2012
Re: Subject: Development permits and associated permits for demolition of existing commercial
buildings and construction of a mixed-use project consisting of 7,000 square feet of retail and
78 apartment units. The project also includes a 12-unit expansion to the existing 179-unit
Biltmore Apartment complex adjacent to the site, for a total of 191 apartment units
Recommended Action: A. Approve Application Nos. EA-2011-16 and EA-2011-OS for a
mitigated negative declaration for the Stevens Creek site and Biltmore Apartment complex; B.
Adopt Resolution No. 12-106 approving DP-2011-06; C. Adopt Resolution No. 12-107
approving ASA-2011-20; D. Adopt Resolution No. 12-108 approving TR-2012-18; E. Adopt
Resolution No. 12-109 approving DP-2011-05; F. Adopt Resolution No. 12-110 approving
ASA-2011-19; G. Adopt Resolution No. 12-111 approving TR-2012-13
Description: Application: DP-2011-06, ASA-2011-20, TR-2012-18 (EA-2011-16); Applicant:
Mike Ducote (Prometheus Real Estate); Location: 20030, 20060 Stevens Creek Blvd, 10041
Blaney Ave and the vacant lot behind 10041 Blaney Ave; Development Permit to allow the
demolition of an approximately 20,000 square foot existing commercial building and the
construction of a mixed-use project consisting of 78 apartment units and a 7,000 square foot
commercial building; Architectural and Site approval for a new mixed use development
consisting of 78 apartment units and a 7,000 square foot commercial building; Tree Removal
Permit to allow the removal and replacement of approximately 57 trees to facilitate the
construction of a new apartment complex; Mitigated Negative Declaration; Application: DP-
2011-05, ASA-2011-19, TR-2012-13 (EA-2011-15); Applicant: Mike Ducote (Prometheus
Real Estate); Location: 10159 S Blaney Ave; Development Permit to allow the construction of
12 new residential units at an existing apartment complex; Architectural and Site approval for
12 new residential units within an existing apartment complex; Tree Removal Permit to allow
the removal and replacement of approximately 5 trees to facilitate the construction of two new
apartment buildings; Mitigated Negative Declaration
At its September 18, 2012 meeting, the Cupertino City Council took the following action:
Adopted the resolutions approving the ASA and TR applications; adopted a combined resolution
approving the DP applications with an amendment to build 80 units total.
Also enclosed are the resolutions that Council adopted at its September 18 meeting.
A�ty interested person, i�rcludiiig tlte applicant, prior to seeking judicial revietiv of t/ie city
coui�cil's decisioir in this �natter, i�irrst first ftle a petition for reconsideration wit/r tl�e city clerk
wit/�in ten days nfter t/ie cotuicil's decision. Any petition so filed inust conrply ►vith mu�ricipal
ordinance code�2.08.096.
September 20, 2012 , Page 2
Sincerely,
Kirsten Squarcia
Acting Deputy City Clerk
cc: Community Development
Prometheus Real Estate Group
Attn: Mike Ducote
1900 S Norfolk St. #150
San Mateo, CA 94403
RESOLUTION N0. 12-112
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF
DEVELOPMENT PERMITS TO ALLOW THE CONSTRUCTION OF 80 APARTMENT UNITS, A
7,000 SQUARE FOOT COMMERCIAL BUILDING, AND DEMOLITION OF APPROXIMATELY
21,082 SQUARE FEET OF COMMERCIAL SPACE AND DEMOLITION OF APPROXIMATELY
THREE EXISTING RESIDENTIAL GARAGES, LOCATED AT 20030 STEVENS CREEK
BOULEVARD,20060 STEVENS CREEK BOULEVARD,10041 S BLANEY AVENUE, A VACANT
LOT, AND 10159 S BLANEY AVE (APNS: 369-03-004,369-03-003,369-03-006,369-03-007,369-03-008)
SECTION I: PROTECT DESCRIPTION
Application Nos.: DP-2011-05 (Biltmore Apartments site)
DP-2011-06 (Stevens Creek site)
Applicant: Mike Ducote
Property Owner: Prometheus Real Estate Group
LocaHon: 20030 Stevens Creek Boulevard (APN: 369-03-004)
20060 Stevens Creek Boulevard (APN: 369-03-003)
10041 S Blaney Avenue (APN: 369-03-006)
Vacant Lot (APN: 369-03-007)
10159 S Blaney Avenue (APN: 369-03-008)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for Development Permits
as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the City Council has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has presented materials to support the application; and
WHEREAS, the City Council finds as follows with regard to this application:
a) The proposed development, at the proposed location, as conditioned by the City Council, 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;
b) The proposed development will be located and conducted in a manrier in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof,:
The application for Development Permits, Application nos. DP-2011-05 and DP-2011-06 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 nos. DP-2011-05 and DP-
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Resolution No.12-112
�
2011-06 as set forth in the Minutes of City Council Meeting of September 18, 2012 and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
Conditions 1-22 which a�ply to Stevens Creek and the existing Biltmore Apartments sites:
1. APPROVED EXHIBITS
Approval is based on the plan set dated September 7, 2012, consisting of 34 sheets labeled A0, C1,
C2, C3, C4, A1, A2.A, A2.B, A3, A4, A5, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18,
A19, A20, A21, A22, A23, A24, A25, A27, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard &
Biltmore Apartments, Planning Submittal, 9.07.12 prepared by Christiani Johnson; BKF Engineers,
„
Surveyors, &Planners; and the Guzzardo Partnership, Inc., except as may be amended by conditions
in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The condirions of approval contained in file nos. ASA-2011-19, ASA-2011-20, TR-2012-13, and TR-
2012-18 shall be applicable to this approval.
3. DEVELOPMENT ALLOCATION
The City shall deduct 80 residential units in the General Plan allocation from the Heart of the City
area. In addition, the City shall add 14,082 square feet of commercial General Plan allocation back to
the Heart of the City Area.
4. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted for a total of 80 new apartment units and a 7,000 square
foot commercial building; and demolition of approximately 21,082 square feet of commercial space
and demolition of approximately 3 residenti garages totaling 700 square feet.
Amendments to the project shall be reviewed per Section 19.12 Administration - of the Zoning
Ordinance.
5. 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.
6. EASEMENTS
a) Cross Access Easements - A cross access easement for the purpose of vehicles and pedestrians
from the Stevens Creek site to the existing Biltmore Apartments shall be recorded prior to final
building occupancy. The draft language of said easement which shall be reviewed and
approved by the city attorney's office prior to issuance of building permits.
b) Parking Easement - Prior to issuance of building permits, the applicant shall work with the City
to delineate necessary parking spaces for the use of the Stevens Creek Apartment site directly
north of the existing Biltmore Apartment site.
c) Pedestrian Access Easements - Prior to issuance of building permits, the applicant shall work
with the City to delineate additional pedestrian access easements connecting the pedestrian
paths From sidewalk along Stevens Creek Boulevard, through the project, to the public sidewalk
along Blaney Avenue.
All easements shall be recorded prior to issuance of final occupancy for the project.
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Resolr�tion No.12-112
7. HOUSING MITIGATION
For the commercial portion of the project, a housing mitigation fee of $5.33/square feet (FY 2012-
2013) is required and must be paid prior to building permit issuance.
For the residential portion of the project, a housing mitigation fee of$2.81/square feet (FY 2012-2013)
is required and must be paid prior to building permit issuance.
Please note that the fees are subject to change and that the applicant shall pay the fees in effect at the
time of building permit issuance.
8. SCHOOL IMPACT FEES
The project shall pay the applicable school impact fees assessed by the school districts prior to the
issuance of building permits.
9. CONDOMINIUMIZATION
Please note that the condominiumization of spaces, either retail or commercial, is not approved as
part of this project. Any proposed changes to the map shall require further City review and
approval.
10. CIRCULATION AND PARKING REQUIREMENTS
The project shall maintain a total amount of 467 on-site residential parking stalls for a residential
minimum parking ratio of 1.80 per residential unit. The 467 on-site residential parking stalls shall be
reserved for residential uses on both the Stevens Creek site and existing Biltmore Apartments site.
55 on-site commercial parking stalls shall be separate from the 467 on-site residential parking stalls,
and are reserved for the commercial uses. Covered parking shall remain available for parking at all
times. The amount of covered parking for the residential units shall be finalized prior to building
permit issuance. The final parking plan will be subject City review and approval. The parking
analysis assumes that 100% of the commercial space is food related/restaurant uses without a
separate bar (170 seats and 12 employees). The Director of Community Development has the
authority to approve minor refinements to this ratio based on the final tenanting plan provided that
there are no significant parking and traffic impacts to the project.
11. PARKING MANAGEMENT PLAN
The applicant shall provide a parking management plan to be approved by the Director of
Community Development. The parking management plan shall delineate the following at a
minimum:
a. Spaces allocated for the retail space, which includes a detailed commercial parking plan,
hourly restrictions,signage, etc.
b. At least one (1) on-site covered parking space per unit
c. Location of the rest of the surface parking spaces for residents and visitors to the project.
It is assumed that the amount of parking provided by the project is adequate to serve the retail
spaces and residents and visitors of the apartment project. In the event of a parking problem in the
future, the property owner(s) will be required to amend the parking management plan to address
parking issues and ensure that the site can accommodate the parking demand. This may include
valet parking (at no charge), limiting the number of cars per unit, etc. The revised parking
management plan shall be approved by the Director of Community Development.
12. SHARED PARKING AGREEMENT AND COVENANT
Prior to building permit issuance, a shared parking agreement between the Stevens Creek site and
existing Biltmore Apartments site shall be drafted for the City's review in accordance with Section
19.124 Parking Regulations - of the Zoning Ordinance. The shared parking agreement must be
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Resolution No.12-112 ,
recorded prior to final occupancy. A covenant must also be recorded delineating the minmum on- �
site residential parking ratio of 1.80 required for the combined project site (Stevens Creek site and
existing Biltmore Apartments site). Should either of the properties be sold or managed by different
entites, each site shall independenttly meet the minimum parking ratio of 1.80. If a single entity
were to acquire or manage both sites, the existing shared parking agreement shall remain in effect.
The draft language of said agreement and covenant shall be reviewed and approved by the city
attorney's office prior to issuance of building permits.
13. BICYCLE PARKING CLASS
All provided bicycle parking shall be identified as Class 1 bicycle parking and shall be consistent
with the City's requirements to the satisfaction of the Director of Community Development.
14. INTERSECTION IMPROVEMENTS
If determined to be warranted by the Director of Public Works Department, the applicant shall work
with staff to explore opportunities to provide and/or fund for additional pedestrian safety
improvements at the intersection of Stevens Creek Blvd and Blaney Ave. Any proposed
improvements shall be reviewed and approved by the Director of Community Development and
Public Works Department.
15. NOISE LEVELS AND ABATEMENT
Project construction and use shall comply with the City's Community Noise Control Ordinance at all
times. 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.
16. 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 construcHon complies with the
conditions of approval, staging of construction equipment is appropriate, tree protection measures
are in place, public access routes are identified is defined, and noise and dust control measures are
established.
17. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and Saturday and
Sunday, 9 am to 6 pm. Construction activities are not allowed on holidays. Maximum noise levels
are delineated in the City's Community Noise Control Ordinance.
The developer shall be responsible for educating all contractors and subcontractors of said
construction restrictions. Rules and regulations pertaining to all construction activities and
limitations identified in this permit, along with the name and telephone number of a developer
appointed disiurbance coordinator, shall be posted in a prominent location at the entrance to the job
site.
18. 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.
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Resolution No.12-112
19. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for the
proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy periods to
prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas
adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic
stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil
material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
20. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
The mitigation measures outlined in the Mitigation Monitoring and Reporting Program based on the
Initial Study dated April 2012, titled "Initial Study for the 20030 Stevens Creek Boulevard and
Biltmore Apartments Project", prepared by David J. Powers and Associates and adopted as
Mitigated Negative Declaration EA-2011-15, shall apply. Refer to Attachment V for the specific
Mitigation Measures.
21. 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.
22. 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.
Conditions 23-25 which apply to the Stevens Creek site:
23. ODOR ABATEMENT SYSTEMS
Odor abatement systems shall be installed for all new eating establishments, including the proposed
restaurant. The design of the odor abatement system will be finalized at the building permit stage.
Equipment associated with the odor abatement systems shall be appropriately screened if visible
from the public right-of-way.
24. PARCELIZATION/LOT CONSOLIDATION
A lot line separating the commercial building from the residential apartment units is not approved
as part of this application nor is it supported. The Heart of the City Specific Plan policy discourages
the subdivision of commercial parcels. Prior to issuance of building permits, the applicant shall
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Resolution No.12-112 •
obtain approvals from the City to consolidate the various lots in accordance to the approved site
plan.
25. PUBLIC ART REQUIREMENT
The final design, display, and location of the public art shall be brought before the Fine Arts
Commission for review and approval. The minimum expenditure for the artwork, including but not
limited to design, fabrication, and installation, is one-quarter of one percent, with an expenditure cap
of one hundred thousand dollars.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2. 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.
3. 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.
4. 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.
5. 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 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 one percent flood water surface elevation to the satisfaction of the City Engineer.
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.
6. 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.
7. BICYCLE PARKING
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Resolution No.12-112
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
8. 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 ($2,542.00 or 5%)
b. Grading Permit: $Per current fee schedule ($2,387.00 or 5%)
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule (N/A)
g. Park Fees: $Per current fee schedule ($818,100.00)
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.
9. 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.
10. 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.
11. 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 inspecHon and maintenance.
12. 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
mulimum 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.
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Resolution No.12-112 «
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.
13. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
14. 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.
15. 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.
16. 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.
17. BUS STOP LOCATION
The developer shall improve bus stops along the Stevens Creek Boulevard frontage to the
satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not
include duck outs or relocation of the bus stops.
18. 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 Ciry.
19. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
20. 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.
21. REFUSE TRUCK ACCESS
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Resol�tion No.12-112
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
22. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
24. 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.
25. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
26. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approvals before issuance of a building permit approval.
27. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreement with California Water Services Company for water service to the
subject development.
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. UPGRADE OF STORM DRAIN LINES IN STEVENS CREEK
The developer will be responsible for upgrading storm drain infrastructure within Stevens Creek
Boulevard along the property frontage (and as necessary to make the next upstream and
downstream connection) to be consistent with the Cupertino Storm Drain Master Plan, or as
approved by the Director of Public Works.
31. LOT LINE AD]USTMENT
Interior Lot Line Adjustments shall be completed within the Biltmore Adjacency sites through the
Public Works Department prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. AERIAL FIRE APPARATUS ACCESS ROADS
1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in
height above the lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus. Overhead
utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width:
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Resolution No.12-112 �
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. 3.
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 Sec. 503 and SCCFD SD&S A-1
2. FIRE ENGINE ACCESS
1. Minimum clear width: The minimum clear width of fire department access roads shall be 20 feet.
Modifications to the design or width of a fire access road, or additional access road(s) may be
required when the fire code official determines that access to the site or a portion thereof may
become compromised due to emergency operations or nearby natural or manmade hazards (flood
prone areas, railway crossings, bridge failures, hazardous material-related incidents, etc.) 2. Access
and loading: Facilities, buildings or portions of buildings hereafter constructed shall be accessible to
fire department apparatus by way of an approved fire apparatus access road (including bridges and
culverts) with an asphalt, concrete or other approved driving surface capable of supporting the
imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg) or as otherwise
determined by the fire code official. 3. Minimum clear height: Vertical clearance over required
vehicular access roads and driveways shall be 13'6". 4. Grade: Maximum grade shall not exceed 15%
(6.75 degrees). 5. Turn Radius (circulating): The minimum outside turning radius is 42 feet for
required access roadways. Greater radius up to 60 feet may be required where the Fire Department
determines that Ladder Truck access is required. Circulating refers to travel along a roadway
without dead ends. 6. Turning Radius (Cul-de-sacs): The minimum outside turning radius is 36 feet.
Use of cui-de-sacs is not acceptable where it is determined by the Fire Department that Ladder Truck
access is required, unless greater turning radius is provided. 7. Turnarounds: Turnarounds are
required for all dead end roadways with a length in excess of 150 feet. The turnaround details shown
in this document are intended to provide a general design concept only. Modifications or variations
of these designs may be approved by the Fire Department on a case-by-case basis. All turnaround
designs submitted for Fire Department review shall meet all previously stated requirements. These
details are applicable when a 36-foot minimum turning radius for dead ends is specified. These
details are not applicable where turning radius greater than 36 feet is specified or when a circulating
radius is specified. 8. Dead ends: Dead-end fire apparatus access roads in excess of 150 feet (45720
mm) shall be provided with width and turnaround provisions as determined by the fire code official.
9. Parking: When parking is permitted on streets, in both
Residential commercial applications,it shall conform to the following: - parking is permitted both
sides of the street with street widths of 36 feet or more- parking is permitted on one side of the street
with street widths of 28-35 feet- no parking is permitted when street widths are less than 28 feet
NOTE: Rolled curbs can be part of the curb I sidewalk and used to increase the roadway width with
approval from the fire code official. Additional requirements may apply for buildings 30 feet in
Height or greater. See requirements under AERIAL FIRE APPARTUS ACCESS ROADS. 10. Access
to a hydrant: Fire hydrants located on a public or private street, or on-site, shall have an
unobstructed clearance of not less than 30 feet (15 feet either side of hydrant), in accordance with
California vehicle code 22514. Marking shall be per California vehicle code 22500.1 11. Traffic
calming: Traffic calming devices and the design thereof shall be approved by the fire deparhnent.
CFC Sec. 503 and SCCFD SD&S A-1
3. TIMING OF REQUIRED ROADWAY INSTALLATIONS
Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire
Department prior to the start of combustible construction. During construction, emergency access
10
Resolution No.12-112
roads shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed. Temporary access roads may be approved on a case by
case basis. CFC Sec. 501
4. PRIVATE ON-SITE FIRE HYDRANT(S) REQUIRED
(NOTE: Exact square footage of new residential buildings is not provided) Provide private on-site
fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department.
Maximum hydrant spacing shall be 600 feet, with a minimum acceptable flow of TBD GPM at 20 psi
residual pressure. Prior to design, the project civil engineer shall meet with the fire department
water supply officer to jointly spot the required fire hydrant locations. CFC Sec. 507, and Appendix
B,Table B105.1 and Appendix C
5. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures shall be
provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever
is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall
be constructed in accordance with the California Building Code and shall be without openings or
penetrations. An automatic sprinkler system shall be provided throughout all new buildings and
structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do
not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban
Interface Fire Area 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. NOTE: Covered porches, patios,
balconies, and attic spaces may require fire sprinkler coverage. 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 as adopted and amended by CUPMC
6. 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). 2007 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7
7. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS
Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials. Building permit
issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec.
501
8. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 14 and our
Standard Detail and Specification SI-7.
9. EMERGENCY ESCAPE AND RESCUE
11
Resolution No.12-112 ' , ,
Ground-ladder rescue from second and third floor rooms 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. 1029
10. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in such a position
as to be plainly visible and legible from the street or road fronting the property. Numbers shall
contrast with their background. CFC Sec. 505
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. SANITARY SEWER AVAILABILIT'Y
Sanitary sewer is currently available for the subject parcel.
2. IMPROVEMENT PLANS
Improvement plans shall be submitted to the District for review and comments.
3. FEES AND PERMITS
Cupertino Sanitary District fees and permits will be required.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18� day
of September 2012,by the following vote:
Vote Members of the City Council
AYES: Mahoney,Sinks,Wong
NOES: Santoro, Chang
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Mark Santoro
Grace Schmidt Mark Santoro
City Clerk Mayor, City of Cupertino
12
DP-2011-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6697
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF
12 APARTMENT UNITS (BILTMORE APARTMENTS) AND DEMOLITION OF THREE
EXISTING GARAGE BUILDINGS LOCATED AT 10159 S BLANEY AVENUE
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2011-05
Applicant: Mike Ducote
Property Owner: Prometheus Real Estate Group
Location: 10159 S Blaney Ave (APN: 369-03-008)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a) The proposed development, 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;
b) The proposed development will be located and conducted in a manner in accord with the
Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence submitted in
this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2
thereof,:
The application for a Development Permit, Application no. DP-2011-05 is hereby recommended for
approval 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. DP-2011-05 as set forth
in the Minutes of Planning Commission Meeting of May 8, 2012, and are incorporated by reference as
though fully set forth herein.
Resolution No.6697 DP-2011-05 May 8,2012
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated March 30, 2012, consisting of 29 sheets labeled A0, C1, C2,
C3, C4, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, Al2, A13, A14, A15, A16, A17, A18, A19, A20,
A21, L1, L2, and L3, entitled, "20030 Stevens Creek Boulevard & Biltmore Apartments, Planning
Submittal, 3.30.12" prepared by Christiani Johnson; BKF Engineers, Surveyors, & Planners; and the
Guzzardo Partnership, Inc., except as may be amended by conditions in this resolution.
2. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2011-19, DP-2011-06, ASA-2011-20, TR-2012-
13, and TR-2012-18 shall be applicable to this approval.
3. DEVELOPMENT ALLOCATION
The City shall deduct 12 residential units in the General Plan allocation from the Heart of the City
Area.
4. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted for 12 new apartment units at an existing 179 unit
apartment complex; and demolition of approximately 3 garages totaling 700 square feet.
The Planning Commission shall review amendments to the project considered major by the Director
of Community Development.
5. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
6. EASEMENTS
a) Cross Access Easements - A cross access easement for the purpose of vehicles and pedestrians
from the Stevens Creek site to the existing Biltmore Apartments shall be recorded prior to final
building occupancy. The draft language of said easement which shall be reviewed and
approved by the city attorney's office prior to issuance of building permits.
b) Pedestrian Access Easements - Prior to issuance of building permits, the applicant shall work
with the City to delineate additional pedestrian access easements connecting the pedestrian
paths from sidewalk along Stevens Creek Boulevard, through the project, to the public sidewalk
along Blaney Avenue.
All easements shall be recorded prior to issuance of final occupancy for the project.
7. HOUSING MITIGATION
For residential projects, a housing mitigation fee of $2.75/square feet is required and must be paid
prior to building permit issuance. A preliminary estimate of the required housing mitigation fee is
$30,283 ($2.75 x 11,012). Please note that a change in the amount of square footage or change in fee
per square foot will alter the final amounts.
8. SCHOOL IMPACT FEES
The project shall pay the applicable school impact fees assessed by the school districts prior to the
issuance of building permits.
Resolution No.6697 DP-2011-05 May 8,2012
9. CONDOMINIUMIZATION
Please note that the condominiumization of spaces is not approved as part of this project. Any
proposed changes to the map shall require further City review and approval.
10. CIRCULATION AND PARKING REQUIREMENTS
The project shall provide a minimum of 320 parking stalls. Changes to the number of provided
parking stalls will require further City review and approval. Final parking plan shall be submitted
to City for review and approval prior to issuance of building permits.
11. BICYCLE PARKING CLASS
All provided bicycle parking shall be identified as Class 1 bicycle parking and be consistent with the
City's requirements to the satisfaction of Director of Community Development.
12. INTERSECTION IMPROVEMENTS
If determined to be warranted by the Director of Public Works Department, the applicant shall work
with staff to explore opportunities to provide and/or fund for additional pedestrian safety
improvements at the intersection of Stevens Creek Blvd and Blaney Ave. Any proposed
improvements shall be reviewed and approved by the Director of Community Development and
Public Works Department.
13. NOISE LEVELS AND ABATEMENT
Project construction and use shall comply with the City's Community Noise Control Ordinance at all
times. 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.
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 is defined, and noise and dust control measures are
established.
15. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and Saturday and
Sunday, 9 am to 6 pm. Construction activities are not allowed on holidays. Maximum noise levels
are delineated in the City's Community Noise Control Ordinance.
The developer shall be responsible for educating all contractors and subcontractors of said
construction restrictions. Rules and regulations 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 job
site.
16. 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.
Resolution No.6697 DP-2011-05 May 8,2012
17. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for the
proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy periods to
prevent visible dust from leaving the site; active areas adjacent to windy periods; active areas
adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic
stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads,parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil
material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
18. ENVRIONMENTAL IMPACTS AND MITIGATION MEASURES
Per the mitigation measures outlined in the Mitigation Monitoring and Reporting Program based on
the Initial Study dated April 2012, titled "Initial Study for the 20030 Stevens Creek Boulevard and
Biltmore Apartments Project", prepared by David J. Powers and Associates and adopted as
Mitigated Negative Declaration EA-2011-15, the following is an outline of mitigation measures (MM)
that apply, except as may be amended by conditions in this resolution:
i. Biological Resources
a. MM BIO-1.1
b. MM BIO-1.2
c. MM BIO- 1.3
d. MM BIO-2.1
ii. Cultural Resources
a. MM CUL-1.1
b. MM CUL-1.2
iii. Geology and Soils
a. MM GEO-1.1
b. MM GEO-2.1
iv. Hazards and Hazardous Materials
a. MM HAZ-1.1
b. MM HAZ-1.2
c. MM HAZ-1.3
v. Hydrology and Water Quality
a. MM HYD-1.1
vi. Noise •
a. MM NOI-1.1
b. MM NOI-1.2
c. MM NOI-1.3
d. MM NOI-2.1
e. MM NOI-2.2
f. MM NOI-2.3
g. MM NOI-2.4
h. MM NOI-2.5
i. MM NOI-2.6
j. MM NOI-2.7
k. MM NOI-2.8
Resolution No.6697 DP-2011-05 May 8,2012
1. MMNOI-2.9
m. MM NOI-2.10
n. MM NOI-2.11
vii. Utilities and Service Systems
a. MM UTIL-1.1
19. 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.
20. 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 DEPARTMENT
1. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
2. 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.
3. 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.
4. 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.
5. 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 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 one percent flood water surface elevation to the satisfaction of the City Engineer.
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.
Resolution No.6697 DP-2011-05 May 8,2012
6. 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.
7. BICYCLE PARKING
The developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
8. 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 ($2,542.00 or 5%)
b. Grading Permit: $Per current fee schedule ($2,387.00 or 5%)
c. Development Maintenance Deposit: $2,000.00
d. Storm Drainage Fee: $TBD
e. Power Cost: **
f. Map Checking Fees: $Per current fee schedule (N/A)
g. Park Fees: $Per current fee schedule ($818,100.00)
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.
9. 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.
10. 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.
11. 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
Resolution No.6697 DP-2011-05 May 8,2012
Water Pollution Prevention Plan (SWPPP),use of construction Best Management Practices (BMPs) to
control storm water runoff quality, and BMP inspection and maintenance.
12. 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 treattnent, 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
treatxnent 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.
13. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to capture trash
from the onsite storm drain before the storm water reaches the City owned storm drain system. A
full capture system or device is a single device or series of devices that traps all particles retained by
a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area (see the Municipal Regional
Permit section C.10 for further information/requirements).
14. 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.
15. 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.
16. 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.
17. BUS STOP LOCATION
The developer shall improve bus stops along the Stevens Creek Boulevard frontage to the
satisfaction of the City Engineer; this may include consistent shelters for the bus stops, but will not
include duck outs or relocation of the bus stops.
18. 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
Resolution No.6697 DP-2011-05 May 8,2012
Uniform Traffic Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
19. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
20. 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.
21. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
22. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer
and shall be of a type approved by the City in accordance with Ordinance No. 125.
23. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
24. 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.
25. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as
needed.
26. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval before issuance of a building permit approval.
27. DEDICATION OF WATERLINES
The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards
and shall reach an agreernent with California Water Services Company for water service to the
subject development.
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. UTILIT'Y 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. UPGRADE OF STORM DRAIN LINES IN STEVENS CREEK
The developer will be responsible for upgrading storm drain infrastructure within Stevens Creek
Boulevard along the property frontage (and as necessary to make the next upstream and
downstream connection) to be consistent with the Cupertino Storm Drain Master Plan, or as
approved by the Director of Public Works.
Resolution No.6697 DP-2011-05 May 8,2012
31. LOT LINE ADTUSTMENT
Interior Lot Line Adjustments shall be completed within the Biltmore Adjacnecy sites through the
Public Works Department prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
1. AERIAL FIRE APPARATUS ACCESS ROADS
1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in
height above the lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus. Overhead
utility and power lines shall not be located within the aerial fire apparatus access roadway. 2.
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.
3. 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 Sec. 503 and SCCFD SD&S A-1
2. FIRE ENGINE ACCESS
1. Minimum clear width: The minimum clear width of fire department access roads shall be 20 feet.
Modifications to the design or width of a fire access road, or additional access road(s) may be
required when the fire code official determines that access to the site or a portion thereof may
become compromised due to emergency operations or nearby natural or manmade hazards (flood
prone areas, railwaycrossings, bridge failures, hazardous material-related incidents, etc.) 2. Access
and loading: Facilities,buildings or portions of buildings hereafter constructed shall be accessible to
fire department apparatus by way of an approved fire apparatus access road (including bridges and
culverts) with an asphalt, concrete or other approved driving surface capable of supporting the
imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg) or as otherwise
determined by the fire code official. 3. Minimum clear height: Vertical clearance over required
vehicular access roads and driveways shall be 13'6". 4. Grade: Maximum grade shall not exceed 15%
(6.75 degrees). 5. Turn Radius (circulating): The minimum outside turning radius is 42 feet for
required access roadways. Greater radius up to 60 feet may be required where the Fire Department
determines that Ladder Truck access is required. Circulating refers to travel along a roadway
without dead ends. 6. Turning Radius (Cui-de-sacs): The minimum outside turning radius is 36
feet. Use of cui-de-sacs is not acceptable where it is determined by the Fire Department that Ladder
Truck access is required, unless greater turning radius is provided. 7. Turnarounds: Turnarounds
are required for all dead end roadways with a length in excess of 150 feet. The turnaround details
shown in this document are intended to provide a general design concept only. Modifications or
variations of these designs may be approved by the Fire Department on a case-by-case basis. All
turnaround designs submitted for Fire Department review shall meet all previously stated
requirements. These details are applicable when a 36-foot minimum turning radius for dead ends
is specified. These details are not applicable where turning radius greater than 36 feet is specified
or when a circulating radius is specified. 8. Dead ends: Dead-end fire apparatus access roads in
excess of 150 feet (45720 mm) shall be provided with width and turnaround provisions as
determined by the fire code official. 9. Parking: When parking is permitted on streets, in both
Residential commercial applications, it shall conform to the following: -parking is permitted both
sides of the street with street widths of 36 feet or more- parking is permitted on one side of the
street with street widths of 28-35 feet- no parking is permitted when street widths are less than 28
feet NOTE: Rolled curbs can be part of the curb I sidewalk and used to increase the roadway width
with approval from the fire code official. Additional requirements may apply for buildings 30 feet in
Resolution No.6697 DP-2011-05 May 8,2012
height or greater. See requirements under AERIAL FIRE APPARTUS ACCESS ROADS. 10. Access
to a hydrant: Fire hydrants located on a public or private street, or on-site, shall have an
unobstructed clearance of not less than 30 feet (15 feet either side of hydrant), in accordance with
California vehicle code 22514. Marking shall be per California vehicle code 22500.111. Traffic
calming: Traffic calming devices and the design thereof shall be approved by the fire department.
CFC Sec. 503 and SCCFD SD&S A-1
3. TIMING OF REQUIRED ROADWAY INSTALLATIONS
Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire
Department prior to the start of combustible construction. During construction, emergency access
roads shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed. Temporary access roads may be approved on a case by
case basis. CFC Sec. 501
4. PRIVATE ON-SITE FIRE HYDRANT(S� REQUIRED
(NOTE: Exact square footage of new residential buildings is not provided) Provide private on-site
fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department.
Maximum hydrant spacing shall be 600 feet, with a minimum acceptable flow of TBD GPM at 20
psi residual pressure. Prior to design, the project civil engineer shall meet with the fire department
water supply officer to jointly spot the required fire hydrant locations. CFC Sec. 507, and Appendix
B,Table B105.1 and Appendix C
5. FIRE SPRINKLERS REQUIRED
Approved automatic sprinkler systems in new and existing buildings and structures shall be
provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever
is the more restrictive. For the purposes of this section,firewalls used to separate building areas shall
be constructed in accordance with the California Building Code and shall be without openings or
penetrations. An automatic sprinkler system shall be provided throughout all new buildings and
struciures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do
not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban
Interface Fire Area 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. NOTE: Covered porches, patios,
balconies, and attic spaces may require fire sprinkler coverage. 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 as adopted and amended by CUPMC
6. POTABLE WATER SUPPLIES
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). 2007 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7
Resolurion No.6697 DP-2011-05 May S,2012
7. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS
Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials. Building permit
issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec.
501
8. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 14 and our
Standard Detail and Specification SI-7.
9. EMERGENCY ESCAPE AND RESCUE
Ground-ladder rescue from second and third floor rooms 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. 1029
10. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the street or road fronting the property. Numbers
shall contrast with their background. CFC Sec. 505
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. SANITARY SEWER AVAILABILITY
Sanitary sewer is currently available for the subject parcel.
2. IMPROVEMENT PLANS
Improvement plans shall be submitted to the District for review and comments.
3. FEES AND PERMITS
Cupertino Sanitary District fees and permits will be required.
PASSED AND ADOPTED this 8� day of May, 2012, Regular Meeting of the Planning Commission of the
City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Miller, Brophy,Brownley, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Sun
ATTEST: APPROVED:
/s/Aarti Shrivastava /s/Mart_y Miller
Aarti Shrivastava, Director Marty Miller, Chair
Community Development Planning Commission
G:\Plarming\PDREPORT\RES�2011�DP-2011-05 res.doc
COUrit of Santa Clara �ouNT Santa Clara Counry�lerk—Recorder's Office
Office of he County Clerk-Recorder ��������/�o State of California
Business Division � �— %�
Document No.: 17659
County Government Center '�.yTA c��.�"� F I dband Pos ed On: 9/24/2012
70 West Hedding Street, E. Wing, 13` Floor ;�� 1�,�`J1,� Through. 10/24/2012
San Jose,California 95110 (408)299-5688 CRO Order Number:
Fee Total: 2,151.50
CEQA DOCUMENT DECLARATION REGINA ALCOMENDRAS, Counry Clerk—R order
ENVIRONMENTAL FILING FEE RECEIPT bY Laura Luna, Depury Clerk—Recorder, f�
PLEASE COMPLETE THE FOLLOWING:
1. LEAD AGENCY: City of Cupertino
2. PROJECT TITLE: EA-2011-15(DP-2011-05,ASA-2011-19,TR-2011-13)
3. APPLICANT NAME: Mike Ducote(Biltmore Apts) PHONE: 408-777-3308
4. APPLICANT ADDRESS: 10159 S Blaney Ave Cupertino, Ca. 95014
5. PROJECT APPLICANT IS A: ❑Local Public Agency ❑School District ❑Other Special District ❑State Agency �Private Entity
6. NOTICE TO BE POSTED FOR 30 DAYS.
7.CLASSIFICATION OF ENVIRONMENTAL DOCUMENT
a.PROJECTS THAT ARE SUBJECT TO DFG FEES
❑ 1.ENVIRO NMENTAL IMPACT REPORT(PUBLIC RESOURCES CODE§21152) $2,919.00 $ 0.00
p 2.NEGATIVE DECLARATION (PUBLIC RESOURCES CODE§21080(C) $2,101.50 $ 2,101.50
❑ 3. APPUCATION FEE WATER DIVERSION�srnTe wnreR RESOURCES CONTROL BOARD ONLY) .p �SO.00 .p O.00
❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 992.50 $ 0.00
� 5. COUNTY ADMINISTRATIVE FEE(REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 50.00
Fish&Game Code§711.4(e)
b. PROJECTS THAT ARE EXEMPT FROM DFG FEES
❑ 1. NOTICE OF EXEMPTION($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 0.00
❑ 2. A COMPLETED"CEQA FILING FEE NO EFFECT DETERMINATION FORM"FROM THE
DEPARTMENT OF FISH 8�GAME,DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT
WILL HAVE NO EFFECT ON FISH,WILDLIFE AND HABITAT,OR AN OFFICIAL,DATED RECEIPT/
PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE'`SAME
PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED)
DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT � NEGATIVE DECLARATION $ 50.00 $ 0.00
c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES
❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE
8. OTHER: FEE(IF APPLICABLE): $
9. TOTAL RECEIVED........................................................................................................................................................ $ 2,151.50
*NOTE:"SAME PROJECT'MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME(OTHER THAN DATES),A"NO EFFECT
DETERMINATION"LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE
REQUIRED.
THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE(INCLUD/NG COPIES)
SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL(WET SIGNATURE)AND THREE COPIES. (YOUR OR/GINAL WILL BE RETURNED TO
YOU AT THE TIME OF FILING.)
CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK-RECORDER
PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED(Fish&Game Code§711.4(b); PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT
OF FISH AND GAME FOR THE LATEST FEE INFORMATION.
`...NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL,NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VAL/D,
UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PA/D." Fish&Game Code§711.4(c)(3)
1-3-2012 (FEES EFFECTIVE 01-01-2012)
File#: 17659 912412012
COMMUNITY DEVELOPMENT DEPARTMENT
� �,
CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
(408)777-3308•FAX(408)777-3333
CUPERTINO
September 19, 2012
NOTICE OF DETERMINATION
EA-2011-15
Application: DP-2011-05, ASA-2011-19, TR-2011-13
Mike Ducote (Biltmore Apts)
10159 S Blaney Ave
Cupertino, CA 95014
At its meeting of September 18, 2012, the Cupertino City Council held a public hearing
to consider:
Development Permit to allow the construction of 12 new residential units at an existing apartment
complex;
Architectural and Site Approval for 12 new residential units within an apartment complex;
Tree Removal Permit to allow the removal and replacement of approximately 5 trees in conjunction zuith
the construction of new apartment units at an existing apartment complex
The decision of the City Council was to approve said project by filing a Mitigated
Negative Declaration, and has determined that the project is consistent with the General
Plan and there are no significant environmental impacts. The Mitigated Negative
Declaration has been prepared pursuant to the provisions of State and City guidelines.
A copy of said Mitigated Negative Declaration is available in the Community
Development Department, 10300 Torre Avenue, Cupertino, California.
�A,r� ���Y�,i'1�(:1n.
Beth Ebben
Administrative Clerk
City of Cupertino
G:Planning/ERC/Exempt/notice of det ea-2011-15.doc
CITY OF CUPERTINO File�: 17659 9124J2012
MITIGATED NEGATIVE DECLARATION
As provided by the Environxnental Assessment Procedure adopted by the City Council of the City of
Cupertino on May 27, 1973, and amended on March 4, 1974,January 171977, May 1, 1978, and July 7,
1980, the following described project was granted a Mitigated Negative Declaration by the City Council
of the City of Cupertino on September 18, 2012
PROJECT DESCRIPTION AND LOCATION
Application No.: DP-2011-05, ASA-2011-19,TR-2011-13 (EA-2011-15)
Applicant: Mike Ducote (Biltxnore Apts)
Location: 10159 S Blaney Ave
DISCRETIONARY ACTION REQUEST
Development Permit to allow the construction of 12 new residential units at an existing apartment
complex;
Architectural and Site Approval for 12 new residential units within an apartment complex;
Tree Removal Permit to allow the removal and replacement of approximately 5 trees in conjunction with
the construction of new apartment units at an existing apartment complex
FINDINGS OF DECISIONMAKING BODY
The City Council granted a Mitigated Negative Declaration since the project is consistent with the
General Plan and there are no significant environmental impacts.
The applicant shall adhere to all of the conditions required by the City Council on September 18, 2012
including but not limited to:
1) Park in-lieu fees will be paid prior to building permit issuance
2) Standard mitigation efforts will be imposed during the construction phase to limit/reduce dust
and noise
3) The Tree Replacement Plan is consistent with the City's Tree Ordinance
�r.� G��°
Aarti Shrivastava
Director of Community Development
CERTIFICATE OF THE CITY CLERK
This is to certify that the above.Mi 'gated Negative Declaration was filed in the Office of the City Clerk
of the City of Cupertino on r _ 2 � � �,.�
� 0. ✓
v / " `��V�VI IV�
City Clerk
g/erc/negEA201115
1