CC Resolution No. 13-048 Approving Site Modifications to Allow Demolition of 11,610 Sq Ft Comm'l Space and Construct 15,650 Sq Ft of New Comm'l Building Pads at 10033-10095 Saich Way RESOLUTION NO. 13-048
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING SITE
MODIFICATIONS TO A PREVIOUSLY APPROVED DEVELOPMENT PERMIT TO
ALLOW THE DEMOLITION OF 11,610 SQUARE FEET OF EXISTING COMMERCIAL
SPACE AND THE CONSTRUCTION OF 15,650 SQUARE FEET OF NEW COMMERCIAL
SPACE CONSISTING OF TWO NEW COMMERCIAL BUILDING PADS, 7,000 SQUARE
FEET AND 8,650 SQUARE FEET RESPECTIVELY,LOCATED AT 20803 STEVENS CREEK
BOULEVARD AND 10033-10095 SAICH WAY
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2012-05
Applicant: Tom Purtell (Borelli Investment Co.)
Property Owner: Diana Taylor
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 application for site
modifications to a previously approved Development Permit as described in Section I. of this
Resolution; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration (EA-2012-09); 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 met the burden of proof required to support said application; and
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.
Resolution No. 13-048
Page 2
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 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 site modifications to Development Permit, Application no. DP-2012-05 are hereby approved,
and that the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the Public Hearing record concerning Application no. DP-2012-05 as
set forth in the Minutes of the City Council Meeting of July 16, 2013, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. CITY COUNCIL-REQUIRED MODIFICATION
Per the City Council's approval on July 16, 2013, the overall site plan shall be modified to
eliminate one parking stall along the two-way driveway from Stevens Creek Boulevard to
increase the driveway throat setback to at least 50 feet from street curb to the edge of the
southernmost parking stall in the row. The project is permitted to have a required parking
supply deficient of one parking stall, for a total onsite supply of 79 parking spaces. The final
details shall be provided to the City for review and approval prior to building permit
issuance.
2. SUPERCEDANCE OF CITY COUNCIL RESOLUTION NO. 13-015
City Council Resolution no. 13-015 is hereby superceded with the conditions contained in
this resolution.
3. APPROVED SITE PLAN, EXTERIOR ELEVATION, AND CONCEPTUAL GRADING AND
DRAINAGE PLAN EXHIBITS
Approval is based on the plan set consisting of 6 sheets labeled A1g (received July 18, 2013),
A2 (received July 18, 2013), Building 1 Exterior Elevations (received July 18, 2013), A3
Resolution No. 13-048
Page 3
(received July 18, 2013), Building 2 Exterior Elevations (received July 18, 2013), and C-1
(received July 19, 2013), entitled, "Saich Way, 20803 Stevens Creek Blvd., Cupertino,
California, Borelli Investment Co.,"drawn by FCGA Architecture and HMH except as may
be amended by conditions in this resolution.
4. FINAL ADDITIONAL PLAN EXHIBITS
The final additional plan exhibits (including but not limited to site sections, site details, color
and materials, landscaping plans, storm drain plan, stormwater management plan, fire
access plan, and lighting plan shall be reviewed and approved by the Director of
Community Development in consultation with the Director of Public Works (when
necessary) prior to issuance of building permits. The final additional plan exhibits shall
remain generally consistent with those previously approved under City Council Resolution
no. 13-015 when not in conflict with the site plan modifications approved under this
resolution.
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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2012-13 and TR-2012-41 shall be
applicable to this approval.
7. 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 15,650 square feet of new commercial
space consisting of two new commercial building pads, 7,000 square feet and 8,650 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.
Resolution No. 13-048
Page 4
8. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 4,040 square feet of retail commercial allocation
for the Heart of the City General Plan area, based on the construction of 15,650 square feet of
new commercial space and demolition of 11,610 square feet of existing commercial space.
9. PARKING APPROVAL AND FUTURE REVIEW
Per the City Council's approval on July 16, 2013, the project is permitted to have a required
parking supply deficient of one parking stall, for a total onsite supply of 79 parking spaces.
The parking locations shall be determined prior to building permit issuance based on
Council's modification.
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
cumulative 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.
10. PARALLEL PARKING SPACES ON SAICH WAY
The final parallel parking details along Saich Way shall be reviewed to the satisfaction of the
City prior to issuance of building permits. The parallel parking spaces shall be completed
prior to final occupancy.
11. 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.
12. 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.
13. COVENANT DISCLOSURE
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.
14. MAXIMUM PERCENTAGE OF FOOD USES
A maximum of 29% or 4,558 square feet of both buildings combined may be occupied by
food uses (including, but not limited to, fast food restaurants, full-service restaurants, and
Resolution No. 13-048
Page 5
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.
15. 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 $21,533.20 based on the 2012-2013 fiscal year rate of$5.33 per
square foot of net addition.
16. 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.
17. 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.
18. 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 vehicular and
pedestrian reciprocal ingress and egress easement to and from the affected parcels. The
easements shall be recorded prior to final occupancy of site permits.
19. DRIVEWAY ALIGNMENT DETAILS
The final driveway alignment details between the project site and 20807 Stevens Creek
Boulevard shall be reviewed by the Director of Public Works and Director of Community
Development prior to issuance of building permits.
Resolution No. 13-048
Page 6
20. SHARED PARKING AGREEMENT NOT APPROVED
A shared parking agreement between the project site and 20807 Stevens Creek Boulevard is
not approved as part of this project approval. A separate discretionary permit is required for
proposed shared parking agreements.
21. 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.
22. 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
23. 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.
24. 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 that an enclosed outdoor
seating area will not obstruct the required walkway clearances.
25. 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.
Resolution No. 13-048
Page 7
26. 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.
27. 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.
28. 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 site plan modifications contained in this resolution
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 potential conflict areas should be kept to a minimal height as to not
obstruct site distance as 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)
29. 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 considered 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)
Resolution No. 13-048
Page 8
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.
30. MAINTENANCE AGREEMENT FOR RELOCATED TRASH ENCLOSURE
The maintenance and operation of the trash enclosure to be relocated from the 20807 Stevens
Creek Boulevard site shall be worked out through a recorded agreement between the two
property owners, with City review and approval prior to issuance of building permits.
31. 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.
32. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a
detailed utility plan to demonstrate screening or undergrounding of all new utlity 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.
33. 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.
Resolution No. 13-048
Page 9
34. 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 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
35. 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 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.
36. 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.
Resolution No. 13-048
Page 10
37. LANDSCAPE PROTECT 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.
38. 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 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."
39. 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.
40. 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
Resolution No. 13-048
Page 11
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.
41. NOISE MITIGATION MEASURES
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.
42. 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 Department) to review an applicant-
prepared construction management plan including, but not limited to:
Resolution No. 13-048
Page 12
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
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
j. Plan to minimize disruption to adjacent businesses, including trash management,
electricity, access, and parking management
The plan must be approved by City staff, the adjacent property owner to the west, and
managers of the affected businesses prior to issuance of building permits.
43. 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.
44. 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.
45. 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 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.
Resolution No. 13-048
Page 13
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.
46. 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 on 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 by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
i. 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.
Resolution No. 13-048
Page 14
47. 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.
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.
48. 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.
49. 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
Resolution No. 13-048
Page 15
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.
50. 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.
Building Division
51. 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.
i. At least 4 accessible parking stalls are required based on 80 parking spaces.
ii. Accessible stalls shall be at least 9 feet wide by 18 feet deep.
iii. At least one 8 foot wide van loading area is required.
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. CONSTRUCTION PLAN SET REVISIONS/CLARIFICATIONS
The construction plans shall be revised to include the following revisions to the satisfaction
of the Director of Public Works:
a. Limit the storm drain connections in the public right of way to one point of connection.
Additional points of connection may be considered when necessary.
b. Revise the proposed 2 ft. tall wood retaining wall along the west property line to concrete.
c. A trio set (garbage, compost, and recycling) shall be provided at the restaurant building at
20807 Stevens Creek Boulevard provided that permission is obtained from the property
owner.
Resolution No. 13-048
Page 16
2. 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.
3. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City Standards
and specifications and as required by the City Engineer.
4. 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.
5. 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.
6. 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.
7. 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. 13-048
Page 17
8. 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.
9. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
10. 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 ($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.
Resolution No. 13-048
Page 18
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
Resolution No. 13-048
Page 19
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
16. 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.
17. 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.
18. 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.
19. 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.
20. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
21. 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).
22. 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.
Resolution No. 13-048
Page 20
23. REFUSE TRUCK ACCESS
Developer must obtain clearance from the Environmental Programs Manager in regards to
refuse truck access for the proposed development.
24. 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.
25. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
26. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. 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).
27. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
28. 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.
29. DEDICATION OF WATERLINES
Developer shall dedicate, as deemed necessary, all waterlines and appurtenances installed to
water company standards requirements, and shall reach an agreement with California Water
Services Company for water service to the subject development.
30. 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.
31. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
Resolution No. 13-048
Page 21
32. 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.
33. 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 buioldings 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
throught 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. 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
Resolution No. 13-048
Page 22
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.
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. 13-048
Page 23
PASSED AND ADOPTED this 16th day of July, 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, Wong, Chang, Santoro, Stinks
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPRO
JA"
�I1 _
Grace Schmidt -211 j- /3 Orrin Mahoney, 'ayor
City Clerk City of Cupertino