CC Resolution No. 13-015 DP-2012-05 Saich Way Station, 20803 Stevens Creek Blvd and 10033-10095 Saich WayRESOLUTION NO. 13-015
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING AN
APPEAL AND UPHOLDING THE PLANNING COMMISSION'S JANUARY
8, 2013 APPROVAL OF A DEVELOPMENT PERMIT TO ALLOW THE
DEMOLITION OF 11,610 SQUARE FEET OF EXISTING COMMERCIAL
SPACE AND THE CONSTRUCTION OF 15,844 SQUARE FEET (FINAL
SQUARE FOOTAGE TO BE DETERMINED PRIOR TO ISSUANCE OF
BUILDING PERMITS BASED ON COUNCIL'S MODIFICATIONS - NOT TO
EXCEED 15,844 SQUARE FEET) OF NEW COMMERCIAL SPACE
CONSISTING OF TWO NEW COMMERCIAL BUILDING PADS,
SQUARE FEET (TBD) AND SQUARE FEET (TBD) RESPECTIVELY,
LOCATED AT 20803 STEVENS CREEK BOULEVARD AND 10033-10095
SAICH WAY
SECTION 1: PROTECT DESCRIPTION
Application No.: DP -2012-05
Applicant: Tom Purtell (Borelli Investment Co.)
Property Owner: Diana Taylor
Appellants: Darrel Lum and Dennis Whittaker
Location: 20803 Stevens Creek Boulevard and 10033-10095 Saich Way
(APNs 326-32-041 and 326-32-042, respectively)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City Council of the City of Cupertino received an appeal of the
Planning Commission's January 8, 2013 approval of a Development Permit as
described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption
of a Mitigated Negative Declaration; and
WHEREAS, the necessary public notices have been given as required by the
Procedural Ordinance of the City of Cupertino, and the Planning Commission
and City Council have 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
Resolution No. 13-015
Page2
WHEREAS, the City Council 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;
Given that the project is consistent with the General Plan, Zoning Ordinance, and
Heart of the City Plan; has been designed to be compatible with and respectful of
adjoining land uses; and that the City Traffic Engineer and transportation
consultant have confirmed that the project is not anticipated to create adverse
circulation, queuing, or safety impacts, the project 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.
The project is consistent with the City's General Plan, Zoning Ordinance, and
Heart of the City Specific Plan. The project is designed with the intent of creating a
pedestrian -friendly environment along Stevens Creek Boulevard, being compatible
with the commercial district in which it is located, and maximizing retail viability,
consistent with the goals of the General Plan and Heart of the City Specific Plan,
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, 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,:
A Mitigated Negative Declaration (Application no. EA -2012-09) is hereby adopted;
and the appeal of an application for a Development Permit, Application no. DP -
2012 -05 is hereby denied, and the Planning Commission's January 8, 2013
approval is hereby upheld, 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 -2012-05 as set forth in the Minutes
of Planning Commission Meeting of January 8, 2013 and City Council Meeting of
February 19, 2013, and are incorporated by reference as though fully set forth
herein.
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SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
Planning Division:
1. CITY COUNCIL -REQUIRED MODIFICATIONS
Per the City Council's approval on February 19, 2013, the following
modifications to the site plan shall be required for the project and shall be
provided to the City for review and approval prior to building permit
issuance:
a. The row of parking stalls along the shared two-way driveway entry from
Stevens Creek Blvd shall be removed;
b. The building pad for Shop 7 may be reconfigured accordingly to
encompass the area of the abovementioned removed stalls and new
parking stalls may be provided on the north side of the building;
c. The Stevens Creek Blvd shared access driveway between the project site
and the property to the west shall be a two-way driveway;
d. The existing on -street parallel parking stalls along Saich Way shall be
retained (does not include the relocation of the existing bus layover
location);
e. Shop 6 shall be moved to the north to be attached to the rear retail
building (which includes shops/restaurants 1-5);
f. A new two-way drive aisle shall be provided to the north of Shop 7,
connecting the drive aisle behind the Peet's/Panera .building (to the west
of the project site) to Saich Way to the east;
g. The applicant shall consult with the property owner to the west to discuss
the potential removal/relocation of the existing trash enclosure along the
west property line of the project site in order to accommodate a new
access connection to the project site; and
h. The required parking for the project shall remain consistent with the
City's Parking Ordinance.
In the event that the applicant does not provide all of the required
modifications noted above, the project shall be brought back to the City
Council for review and approval prior to issuance of building and grading
permits.
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2. APPROVED EXHIBITS
Approval is based on the plan set dated December 14, 2012 consisting of 27
sheets labeled T1, A0, Al, A2, Building 1 Exterior Elevations, A3, Building 2
Exterior Elevations, A4, D1, D2, D3, D4, D5, M1, L-1, L-2, C-1, C-2, C-3, C-3.1,
C-3.2, C-4, C-5, C-6, C-7, C-8, and Photometric Plan, entitled, "Saich Way,
20803 Stevens Creek Blvd., Cupertino, California, Borelli Investment Co."
drawn by FCGA Architecture, Borrecco/Kilian & Associates, Inc., and HMH
except as may be amended by conditions in this resolution.
3. 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA -2012-13 and TR -2012-
41 shall be applicable to this approval.
5. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to allow the demolition of 11,610
square feet of existing commercial space and the construction of 15,844 square
feet (final square footage to be determined prior to issuance of building
permits based on Council's modifications—not to exceed 15,844 square feet)
square feet of new commercial space consisting of two new commercial
building pads, (TBD) square feet and (TBD) square feet
respectively.
Allowed uses include those permitted by the City's General Commercial (CG)
Ordinance. A separate conditional use permit shall be required for those
commercial uses requiring use permit approval as specified in the CG
Ordinance. Development intensity shall be regulated by use permit review.
The Planning Commission shall review amendments to the project
considered major by the Director of Community Development.
6. DEVELOPMENT ALLOCATION
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Pages
The applicant shall receive an allocation of square feet (final square
footage to be determined prior to issuance of building permits based on
Council's modifications- not to exceed 4,234 square feet) square feet of retail
commercial allocation for the Heart of the City General Plan area, based on
the construction of square feet (TBD- not to exceed 15,844 square
feet) square feet of new commercial space and demolition of 11,610 square
feet of existing commercial space.
7. PARKING APPROVAL AND FUTURE REVIEW
The required parking for the project shall remain consistent with the City's
parking ordinance. The parking supply and location shall be determined
prior to building permit issuance based on Council's modifications.
Future uses will be limited based on the parking supply and trip generation
study conducted by the City's transportation consultant dated November 16,
2012. Any proposed intensification of the approved uses shown on the
development plans (i.e. medical offices, child care, or food uses replacing
retail, increases in approved seat or employee counts) will require City
review and additional studies at the applicant's expense.
8. PARALLEL PARKING SPACES ON SAICH WAY
Per the City Council's approval, the construction plans shall be revised to
reflect a parallel parking scheme along Saich Way to the satisfaction of the
City prior to issuance of building permits. The parallel parking spaces shall
be completed prior to final occupancy.
9. BUS STOP/LAYOVER ON SAICH WAY
The existing VTA bus stop/layover location shall remain due to the City
Council's approval of parallel parking spaces on Saich Way.
10. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed
project in accordance with the City's Parking Regulations under Chapter
19.124 of the Cupertino Municipal Code.
Additional bicycle parking shall be considered around Restaurant 1.
11. COVENANT DISCLOSURE
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The property is under a Cupertino planned development zoning and
property purchasers should check with the City to determine the specific
restrictions under the Planned Development Zone and related permits.
12. MAXIMUM PERCENTAGE OF FOOD USES
A maximum of _% or (to be determined prior to building permit
issuance based on Council's modifications) square feet of both buildings
combined may be occupied by food uses (including, but not limited to, fast
food restaurants, full-service restaurants, and specialty food shops). The
restaurant space shall not exceed the size of the two eating establishments
shown on the approved plans and shall provide adequate parking per the
City's Ordinance Chapter 19.124.)
When both buildings are fully leased, the property owner may request
additional food use area with a major modification application through the
Planning Commission. If there is a parking stall deficiency per the City's
Parking Ordinance, the application shall include a parking study with an
onsite parking demand survey completed at the applicant's expense.
13. BELOW MARKET RATE HOUSING PROGRAM MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR)
Housing Program by paying the housing mitigation fees as per the Housing
Mitigation Manual. The estimated mitigation fee for this project is
$ (to be determined prior to building permit issuance based on
Council's modifications) based on the 2012-2013 fiscal year rate of $5.33 per
square foot of net addition.
14. ODOR ABATEMENT SYSTEMS
If odor impacts from food use or other odor -generating uses become a
nuisance in the future as determined by the Community Development
Director (typically if five or more complaints are received within a 12 -month
period), the property owner shall install odor abatement systems to reduce
odor impacts to the adjacent community. Detailed plans shall be reviewed
and approved by the Community Development Department.
15. LOT MERGERS
Prior to final occupancy, the property owner shall obtain necessary approvals
with the City and County to merge the two existing onsite parcels (APNs 326-
32-041 and 326-32-042) into one parcel.
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16. INGRESS/EGRESS EASEMENT
The property owner shall record an appropriate deed restriction and
covenant running with the land, subject to approval of the City Attorney,
providing for necessary reciprocal ingress and egress easement to and from
the affected parcels. The easements shall be recorded prior to final occupancy
of site permits. The easements shall reflect the driveway alignment
modifications per Council direction dated February 19, 2013.
17. SHARED ACCESS DRIVEWAY
The two-way shared access driveway between the project site and 20807
Stevens Creek Boulevard (APN 326-32-051) shall be fully installed and
constructed to the satisfaction of the Public Works Department prior to the
issuance of final occupancy of site permits.
18. TRANSPORTATION DEMAND MEASURES (TDM)
The Director of Community Development has the ability to require additional
transportation demand management measures to address any future parking
concerns. Examples of transportation demand management measures may
include, but are not limited to:
a) Transit improvements
b) Non -motorized improvements
c) Shift peak -shared parking
d) Guaranteed ride home
e) Car sharing
f) Taxi service
g) Pricing
19. MAIN BUILDING ENTRANCE
The main building entrance for the tenants of Buildings 1 and 2 shall face the
public street on which they are located. The entrance doors and storefront are
to be kept open and free of any obstructions. No more than 25% of each
storefront window bay may be obstructed with signage or other interior
items. Boarding, closure, shelves, permanent walls, opaque painting/material
of windows, and other storefront obstructions are not permitted.
20. OUTDOOR DINING ENCLOSURE
Outdoor dining areas shall not be enclosed with fencing or other structures to
permanently obstruct pedestrian walkways, unless it can be demonstrated
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that an enclosed outdoor seating area will not obstruct the required walkway
clearances.
21. SIGNAGE
Signage is not approved with this application, including the proposed ground
sign shown on the plans along Stevens Creek. Signage shall conform to the
City Sign Ordinance (Chapter 19.104 of the Cupertino Municipal Code) and
Heart of the City Specific Plan.
22, MASTER SIGN PROGRAM
A separate master sign program application for the entire Saich Way Station
development is required prior to final occupancy of core and shell permits for
the two buildings. The sign program shall be reviewed and approved by the
Director of Community Development.
23. SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. Screening materials/colors shall match building features and
materials. The height of the screening shall be taller than the height of the
mechanical equipment that it is designed to screen. The location of equipment
and necessary screening shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits.
24. FINAL CIRCULATION TRAFFIC SAFETY AND STRIPING PLAN
The final circulation, striping, and traffic safety plan shall be reviewed and
approved by the Director of Public Works and Community Development
prior to building permit issuance.
The plan shall be revised subject to the modifications per Council approval
dated February 19, 2013 and shall consider the recommendations in Fehr &
Peer's transportation memorandum dated November 16, 2012 and any
subsequent review, including, but not limited to:
a. Truck delivery and pick-up times to occur outside of peak parking
demand times
b. Directional and warning signage
c. Landscaping around the conflict area (tee junction of the Stevens Creek
Boulevard driveway with the 20807 Stevens Creek Boulevard parking lot
aisle) should be kept to a minimal height as to not obstruct site distance as
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there may be a higher potential for pedestrian crossings between the two
sites.
d. Stop bar on the Panera site (with written permission by property owner)
25. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant.
The plan shall include, but not be limited to the following:
a. Location and design of trash facilities (i.e. trash enclosures and
receptacles). Trash enclosures shall provide ample space to include trash,
recycling, food waste, and waste receptacles along with a tallow bin.
b. Quantity of trash receptacles. At least three sets of trio (garbage, recycling,
and compost) receptacles shall be provided onsite to the satisfaction of the
Environmental Programs Manager.
c. Primary and alternative truck routes. An AutoTurn analysis shall be used
to determine the number of parking spaces required to maneuver a
delivery truck into and out of designated truck delivery zone(s)
d. Signage for parking stalls displaced during pick-up and delivery hours
e. Trash pick-up schedule (shall not take place during peak business hours)
f. Loading areas (with signage/markings restricting parking in these areas
during loading times)
g. Delivery hours (shall not take place during peak business hours)
All trash facilities must be screened and enclosed to the satisfaction of the
Public Works Department. The final plan shall be submitted to the City and
the City's refuse service for review and approval prior to issuance of building
permits.
26. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be
placed in underground vaults. The developer must receive written approval
from both the Public Works Department and the Community Development
Department prior to installation of any above ground equipment. Should
above ground equipment be permitted by the City, equipment and enclosures
shall be screened with fencing and landscaping such that said equipment is
not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or
side building setback area.
27. UTILITY STRUCTURE PLAN
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Prior to issuance of building permits, the applicant shall work with staff to
provide a detailed utility plan to demonstrate screening or undergrounding
of all new utility structures [including, but not limited to backflow preventers
(BFP), fire department connections (FDC), post -indicator valves (PIV), and
gas meters] to the satisfaction of the Director of Community Development,
Public Works, Fire Department, and applicable utility agencies.
28. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be
screened so they are not visible from public street areas or adjoining
developments. The height of the screening shall be taller than the height of
the mechanical equipment that it is designed to screen. A line of sight plan
may be required to demonstrate that the equipment will not be visible from
any public right-of-way. The location of the equipment and necessary
screening shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits.
29. SITE LIGHTING
All new lighting must conform to the standards in the General Commercial
(CG) and Parking Ordinances, and the final lighting plan (including a
detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance. Prior to
final occupancy, a licensed lighting consultant shall confirm that the lighting
is in compliance with the City's standards.
The lighting and photometric plan shall be revised to include the following
prior to issuance of building permits:
a. Ensure photometric plan accounts for the approved lighting fixtures, wall
sconces, and street lights.
b. Show cut-off shields to prevent light intrusion onto adjoining properties.
c. Note that all lighting shall be a white type light.
d. A minimum of three foot candles shall be maintained vertically above the
parking lot surface in order to avoid dark areas in the parking lot
30. GEOTECHNICAL REVIEW
Buildings shall be designed and constructed in accordance with a final
design -level geotechnical investigation to be completed for the project by a
qualified professional and submitted to the Building Department prior to
issuance of grading and building permits. The final design -level geotechnical
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investigation shall identify the specific design features that will be required
for the project including measures addressing clearing and site preparation,
removal, replacement, and/or compaction of existing fill, abandoned utilities,
subgrade preparation, material for fill, trench backfill, temporary trench
excavations, surface drainage, foundation design, and pavements.
31. CITY ARBORIST REVIEW OF EXISTING NEIGHBORING AND NEW SITE
TREES
Prior to grading or construction permit issuance, the City's consulting
arborist shall be retained by the developer to review all construction permit
drawings and details concerning the area with 25 feet of the west side
property line and Tree #23 to the northeast of the site in order to more
accurately assess the impacts to the neighboring trees. The developer shall
implement any additional recommendations and tree protection measures by
the City's consulting arborist.
The City's consulting arborist shall also be retained by the developer to
inspect the existing neighboring trees identified in the report to confirm their
good health following construction. Corrective measures shall be taken, if
necessary. Additionally, the City's consulting arborist shall be retained to
inspect the new tree plantings to ensure that they were planted properly and .
according to the approved plan.
32. 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.
33. 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.
The landscape installation report shall include, but is not limited to:
inspection to confirm that the landscaping and irrigation system are installed
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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."
34. 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.
35. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil
(e.g. texture, infiltration rate, pH, soluble salt content, percent organic matter,
etc) and provide recommendations for amendments as appropriate to
optimize the productivity and water efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing
the landscape and irrigation design plans in a timely manner either before or
during the design process. A copy of the soils analysis report shall be
submitted to the Director of Community Development as part of the
landscape documentation package.
36. NOISE MITIGATION MEASURES
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The project and retail operations shall comply with the City's Community
Noise Control Ordinance (Chapter 10.48 of the CMC). In addition, the
following mitigation measures shall be taken in order to reduce noise event
impacts to nearby receptor areas:
a. The contractor shall use "new technology" power construction equipment
with state-of-the-art noise shielding and muffling devices. All internal
combustion engines used on the project site shall be equipped with
adequate mufflers and shall be in good mechanical condition to minimize
noise created by faulty or poor maintained engines or other components.
b. Locate stationary noise generating equipment as far as possible from
sensitive receptors. Staging areas shall be located a minimum of 200 feet
from noise sensitive receptors, such as residential uses. Unnecessary
idling of machines when not in use shall be prohibited.
c. The developer will implement a Construction Management Plan
approved by the Community Development Director and Director of
Public Works to minimize impacts on the surrounding sensitive land uses
to the fullest extent possible.
d. Temporary plywood enclosures shall be erected around stationary
equipment that produces excessive noise at nearby receptors
e. Good maintenance and lubrication procedures shall be used to reduce
operating noise.
f. All construction equipment shall conform to the following standards: 1)
no individual device produces a noise level more than 87 dBA at a
distance of 25 feet; or 2) the noise level on any nearby property does not
exceed eighty dBA (Cupertino Municipal Code Section 10.48.053).
g. Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the
equipment.
h. Noise from construction workers' radios shall be controlled to a point that
it is not audible at existing residences bordering the project site.
i. Notify all adjacent businesses, residences, and other noise -sensitive land
uses of the construction schedule in writing.
37. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
Prior to commencement of construction activities, the applicant shall arrange
for a pre -construction meeting with the pertinent departments (including, but
not limited to, Building, Planning, Public Works, Santa Clara County Fire
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Department) to review an applicant -prepared construction management plan
including, but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
L Emergency/complaint and construction site manager contacts
38. 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 and subcontractors 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 job site.
39. 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.
40. HAZARDOUS MATERIAL MITIGATION DURING DEMOLITION
The following requirements shall apply for the demolition phase of the
project:
a. In conformance with federal and State regulations, a formal survey for
ACBMs and lead-based paint shall be completed prior to the demolition of
buildings on the site.
b. All potentially friable ACBMs shall be removed in accordance with
National Emissions Standards for Hazardous Air Pollutants (NESHAP)
guidelines prior to building demolition or renovation that may disturb the
materials. All demolition activities will be undertaken in accordance with
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Cal/OSHA standards, contained in Title 8 of the California Code of
Regulations (CCR), Section 1529, to protect workers from exposure to
asbestos. Materials containing more than one percent asbestos are also
subject to Bay Area Air Quality Management District (BAAQMD)
regulations.
c. During demolition activities, all building materials containing lead-based
paint shall be removed in accordance with Cal/OSHA Lead in
Construction Standard, Title 8, California Code of Regulations 1532.1,
including employee training, employee air monitoring and dust control.
Any debris or soil containing lead-based paint or coatings will be
disposed of at landfills that meet acceptance criteria for the waste being
disposed.
41. 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. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads)' shall be watered or treated with non-
toxic stabilizers or dust palliatives two times per day and more often
during windy periods to prevent dust from leaving the site.
b. All haul trucks transporting soil, sand, or other loose material on-site shall
be covered to maintain at least 2 feet of freeboard.
c. All visible mud or dirt track -out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed
as soon as possible.
f. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
g. Post a publicly visible sign with the telephone number and person to
contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's
phone number shall also be visible to ensure compliance with applicable
regulations.
h. Idling times shall be minimized either by shutting equipment off when
not in use or reducing the maximum idling time to 5 minutes (as required
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by the California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]).
L Clear signage shall be provided for construction workers at all access
points.
j. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified visible emissions evaluator.
k. Construction equipment shall not be staged within 200 feet of existing
residences.
1. The applicant shall incorporate the City's construction best management
practices into the building permit plan set.
42. CULTURAL RESOURCES DISCOVERIES DURING CONSTRUCTION
In the event of the discovery of prehistoric or historic archaeological deposits
or paleontological deposits, work shall be halted within 50 feet of the
discovery and a qualified professional archaeologist (or paleontologist, as
applicable) shall examine the find and make appropriate recommendations
regarding the significance of the find and the appropriate mitigation. The
recommendation shall be implemented and could include collection,
recordation, and analysis of any significant cultural materials.
In the event that human remains and/or cultural materials are found, all
project -related construction shall cease within a 50 -foot radius of the find in
order to proceed with the testing and mitigation measures required. Pursuant
to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the
Public Resources Code of the State of California:
a. In the event of the discovery of human remains during construction, there
shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains. The Santa Clara County
Coroner shall be notified and shall make a determination as to whether
the remains are Native American. If the Coroner determines that the
remains are not subject to his authority, he shall notify the Native
American Heritage Commission who shall attempt to identify
descendants of the deceased Native American. If no satisfactory
agreement can be reached as to the disposition of the remains pursuant to
this State law, then the land owner shall re -inter the human remains and
items associated with Native American burials on the property in a
location not subject to further subsurface disturbance.
Resolution No. 13-015
Page 17
b. A final report summarizing the discovery of cultural materials shall be
submitted to the Director of Community Development prior to issuance of
building permits. This report shall contain a description of the mitigation
program that was implemented and its results, including a description of
the monitoring and testing program, a list of the resources found, a
summary of the resources analysis methodology and conclusion, and a
description of the disposition/curation of the resources. The report shall
verify completion of the mitigation program to the satisfaction of the
Director of Community Development.
43. 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.
44. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold
harmless the City, its City Council, its officers, employees and agents (the
"indemnified parties") from and against any claim, action, or proceeding
brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized
hereby for the project, including (without limitation) reimbursing the City its
actual attorneys' fees and costs incurred in defense of the litigation. The City
may, in its sole discretion, elect to defend any such action with attorneys of its
choice.
45. 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.
Resolution No. 13-015
Page18
Building Division
46, INFORMATION TO PROVIDE ON CONSTRUCTION PERMIT PLANS
The applicant shall submit construction drawings to the City for review,
including, but not limited to the following information on the construction
permit plans:
a. Check accessible parking stall dimensions to code requirements.
b. Review placement requirements for truncated domes at curb cuts and at
ramps.
c. Accessible path of travel shall maintain 2% or less cross slope at all walking
surfaces.
d. Provide type of construction, sprinklers, unprotected opening, and
distance to property line information.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. STREET IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer.
Improvements may include realigning the existing curb and gutter along
Saich Way to incorporate angled parking, and installing new signing and
striping as necessary to accommodate angled parking or curb relocations.
Pavement rehabilitation shall be performed as directed by the City Engineer.
2. STREET WIDENING
Public street widening and dedications shall be provided in accordance with
City Standards and specifications and as required by the City Engineer.
3, PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements
consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian
Transportation Guidelines, and as approved by the City Engineer.
4. 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
Resolution No. 13-015
Page 19
higher than the maximum height permitted by the zone in which the site is
located.
5. 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.
6. 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.
7. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City
of Cupertino, and shall coordinate with affected utility providers for
installation of underground utility devices. Developer shall submit detailed
plans showing utility underground provisions. Said plans shall be subject to
prior approval of the affected Utility provider and the City Engineer.
8. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's
requirements to the satisfaction of the City Engineer.
9. 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
Resolution No. 13-015
Page20
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 ($4,183.00 or
6%)
b. Grading Permit: $ Per current fee schedule ($2,435.00 or
6%)
c. Development Maintenance Deposit: $1,000.00
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 (N/A)
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.
10. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be
placed in underground vaults. The developer must receive written approval
from both the Public Works Department and the Community Development
Department prior to installation of any above ground equipment. Should
above ground equipment be permitted by the City, equipment and enclosures
shall be screened with fencing and landscaping such that said equipment is
not visible from public street areas, as determined by the Community
Development Department. Transformers shall not be located in the front or
side building setback area.
Resolution No. 13-015
Page21
11. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site
driveways to a location approved by the Cupertino Planning Department,
Santa Clara County Fire Department and the water company.
12. 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.
13. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board
(SWRCB), the developer must obtain a Notice of Intent (NOI) from the
SWRCB, which encompasses preparation of a Storm Water Pollution
Prevention Plan (SWPPP), use of construction Best Management Practices
(BMPs) to control storm water runoff quality, and BMP inspection and
maintenance.
14. 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.
Resolution No. 13-015
Page22
15, EROSION CONTROL PLAN
Developer shall 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.
16. 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.
17. OPERATIONS & MAINTENANCE AGREEMENT
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.
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 City.
19. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
20. 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).
Resolution No. 13-015
Page23
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
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 to the satisfaction
of the City Engineer 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. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara
County Fire Department prior to issuance of building permits. Clearance
should include written approval of the location of any proposed Fire
Backflow Preventers, Fire Department Connections and Fire Hydrants
(typically Backflow Preventers should be located on private property adjacent
to the public right of way, and fire department connections must be located
within 100' of a Fire Hydrant).
26. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County
Fire Department as needed.
27. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection,
service capability and location and layout of water lines and backflow
preventers before issuance of a building permit approval.
28. DEDICATION OF WATERLINES
Developer shall dedicate, as deemed necessary, all waterlines and
appurtenances installed to water company standards requirements, and shall
Resolution No. 13-015
Page24
reach an agreement with California Water Services Company for water
service to the subject development.
29. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim" to the City all rights to pump, take or otherwise
extract water from the underground basin or any underground strata in the
Santa Clara Valley.
30. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino
Sanitary District prior to issuance of building permits.
31. 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.
32. PEDESTRIAN CROSSWALKS
The developer shall enhance pedestrian crosswalks at Stevens Creek
Boulevard and Saich Way, as well as at Alves Drive and Saich Way.
Enhancements may include new striping, replacement of existing striping, or
new signage. Final crosswalk improvement plans shall be reviewed and
approved by the City Engineer,
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA
COUNTY FIRE DEPARTMENT
1. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED
Provide access roadways with a paved all-weather surface, a minimum
unobstructed width of 16 feet, vertical clearance of 13 feet 6 inches, minimum
circulating turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 15%. For installation guidelines refer to Fire Department
Standard Details and Specifications sheet A-1.
2, 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
Resolution No. 13-015
Page25
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 subcontractors) are responsible for consulting with the
water purveyor of record in order to determine if any modification or
upgrade of the existing water service is required. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a
completed permit application and appropriate fees to this department for
review and approval prior to beginning their work. Sections 903.2 as adopted
in Section 16-40-210 of the CMC.
3. 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 system, 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). 2010 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7.
4. 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.
5. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC
Chapter 14 and County Fire Standard Detail and Specification SI -7.
Resolution No. 13-015
Page26
6. CONSTRUCTION PLAN NOTES
To prevent plan review and inspection delays, the above noted Development
Review Conditions shall be addressed as "notes" on all pending and future
plan submittals and any referenced diagrams to be reproduced onto the
future plan submittal.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO
SANITARY DISTRICT
1. SANITARY SEWER AVAILABILITY
Sanitary sewer service is being provided to the subject parcels through a
sewer main located within an easement located in the rear of parcels 326-32-
041 and 326-32-042. The District does not allow for shared easements or
construction of any structures and installation of light poles within the
sanitary sewer easement.
2. IMPROVEMENT PLANS
Improvement plans for the subject project shall be reviewed by the District.
The existing and proposed sanitary sewer easements should be delineated
and noted on the improvement plans. The applicant shall contact the Sanitary
District prior to proceeding with construction plans.
3. FEES AND PERMITS
Cupertino Sanitary District Fees and Permits shall be required for the subject
application based on the proposed area and use modifications.
Resolution No. 13-015
Page27
PASSED AND ADOPTED this 19th day of February, 2013, at the Regular
Meeting of the City Council of the City of Cupertino, State of California, by the
following roll call vote:
AYES:
Mahoney, Santoro, Sinks, Wong
NOES:
Chang
ABSTAIN:
None
ABSENT:
None
ATTEST:
"14 -
Grace Schmidt
City Clerk
A71,kn
D:
Orrin Mahoney, Mayor,
City of Cupertino