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HomeMy WebLinkAboutPC Packet 06-09-2014CITY OF CUPERTINO AGENDA Monday, June 9, 2014 10350 Torre Avenue, Council Chamber PLANNING COMMISSION 6:45 PM Special Meeting SALUTE TO THE FLAG ROLL CALL APPROVAL OF MINUTES None WRITTEN COMMUNICATIONS POSTPONEMENTS/REMOVAL FROM CALENDAR ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR PUBLIC HEARING Page 1 CITY OF CUPERTINO June 9, 2014Planning Commission AGENDA 1.Subject: Cordova Road Subdivision Description: Application No.(s)EXC-2014-02, TR-2014-09 (EA-2014-02), EXC-2014-03, TR-2014-10 (EA-2014-03), EXC-2014-04 (EA-2014-04) Applicant: Terry Brown (Osann and O’Grady lots) Location:10645 Cordova Road (Lots A, B and C) Residential Hillside Exception to allow a 2,986 square foot single family residence to be constructed on a slope of 30% or greater (Lot A); Tree Removal Permit to allow the removal and replacement of 5 trees to facilitate the construction of a new single family residence (Lot A); Residential Hillside Exception to allow a 3,185 square foot single family residence to be constructed on a slope of 30% or greater (Lot B); Tree Removal Permit to allow the removal and replacement of 3 trees to facilitate the construction of a new single family residence (Lot B); Residential Hillside Exception to allow a 3,186 square foot single family residence to be constructed on a slope of 30% or greater (Lot C); Planning Commission decision final unless appealed Recommended Action: Approve Residential Hillside Exception and Tree Removal Applications Approve Negative Declarations Staff Report 1 - EXC-2014-02 res 2 - EXC-2014-03 res 3 - EXC-2014-04 res 4 - TR-2014-09 res 5 - TR-2014-10 res 6 - Geologic & Geotechnical Peer Review 7 - Initial Study & ERC Recommendation 8 - Plan Set Page 2 CITY OF CUPERTINO June 9, 2014Planning Commission AGENDA 2.Subject: Little Tree Montessori Description: Application No.(s): U-2014-01, ASA-2014-05 Applicant:Janice Yeh (Little Tree Montessori) Location: 20111 Stevens Creek Blvd #130 & #150 Conditional Use permit to convert approximately 7,500 square feet of office space of an existing two-story office building into a day care center use; Architectural and Site Permit to allow a play area, landscape enhancements and associated site improvements for a new day care center Planning Commission decision unless appealed Recommended Action: Approve Use Permit and Architectural and Site applications Staff Report 1- Draft Resolution - Use Permit 2- Draft Resolution - Architectural Site Approval 3- Little Tree Montessori Business Plan 4- Trip Generation and Parking Study 5- Noise Impact and Mitigation Study 6- Plan Set OLD BUSINESS NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor’s Monthly Meeting with Commissioners Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT None ADJOURNMENT to the regular meeting of June 10, 2014 (cancelled) Page 3 CITY OF CUPERTINO June 9, 2014Planning Commission AGENDA If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. Please note that Planning Commission policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Materials related to an item on this agenda submitted to the Planning Department after distribution of the agenda packet are available for public inspection in the Planning Department located at 10300 Torre Avenue, during normal business hours. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777-3308 or planning@cupertino.org. Page 4 CITY OF CUPERTINO PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:June 9, 2014 Applications:EXC-2014-02, TR-2014-09, (EA-2014-02), EXC-2014-03, TR-2014-10, (EA-2014-03) EXC-2014-04, (EA-2014-04) Applicant:Terry Brown (Osann, K. O’Grady and B. O’Grady lots) Location:10645 Cordova Road (lots A, B and C) APPLICATION SUMMARY: 1.ResidentialHillside Exception (EXC-2014-02) to allow for a 2,986 square foot single-family residence to be constructed on a slope greater than 30% and a Tree Removal Permit (TR-2014-09) to allow the removal and replacement of 3trees (Lot A); 2.ResidentialHillside Exception (EXC-2014-03) to allow a 3,185 square foot single-family residence to be constructed on a slope greater than 30% and aTree Removal Permit (TR-2014-10) to allow the removal and replacement 5trees (Lot B);and 3.ResidentialHillside Exception (EXC-2014-04) to allow for a 3,186 square foot single-family residence to be constructed on a slope greater than 30% (Lot C). RECOMMENDATION: Staff recommends that the Planning Commissionapprovethe following: 1.Mitigated Negative Declaration (EA-2014-02, EA-2014-03& EA-2014-04); 2.Residential Hillside Exception (EXC-2014-02, EXC-2014-03& EXC-2014-04); and 3.Tree Removal Permit (TR-2014-09 & TR-2014-10) in accordance with the draft resolutions. PROJECT DATA: General Plan Designation Very Low Density (1/2 Acre Slope Density Formula) Zoning Designation RHS-21(Residential Hillside with minimum net lot area of 21,000 s.f) Project Feature Ordinance Proposal Consistent with RHS Ordinance? Residential Building Square Footage COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 EXC-2014-02, EXC-2014-03,EXC- Cordova Rd. Exceptions June 9, 2014 2014-04,TR-2014-09, TR-2014-10 Lot A 2,986 2,986 Yes Lot B 3,217 3,185 Yes Lot C 3,301 3,186 Yes Setbacks 1st Floor 2nd Floor 1st Floor 2nd Floor Front: Lot A 10’ (grade> 20%)25’ min.42’56’Yes Lot B 10’ (grade> 20%)25’ min.93’112’Yes Lot C 10’ (grade> 20%)25’ min.103’122’Yes Sides: Lot A 10’ min.15’ min. 23’, 15’15’, 25’Yes Lot B 10’ min.15’ min. 15’, 15’15’, 15’Yes Lot C 10’ min.15’ min. 12’, 11’15’,15’Yes Rear: Lot A 20’ min.25’ min.25’25’Yes Lot B 20’ min.25’ min.28’28’Yes Lot C 20’ min.25’ min.44’28’Yes Other Requirements Building Height: Lot A 30’ max.29’Yes Lot B 30’ max.27’Yes Lot C 30’ max.29’Yes Slope Development > 500 s.f.on slopes ≥30%ok with exception. Development > 500 s.f. proposed on slopes between32% and 36% Exception requested Grading Quantity Lot A 2,500 cubic yards max.555 s.f.Yes Lot B 2,500 cubic yards max.870 s.f.Yes Lot C 2,500 cubic yards max.1,320 s.f.Yes Parking 6 spaces 6 spaces per dwelling Yes BACKGROUND: The applicant, Terry Brown, is requesting three hillside exceptions to facilitate the construction ofthree new single-family residences on slopes greater than 30% in a RHS zoning district. As part of the project, the applicant is also requesting a tree removal permit to allow the removal of eight (8) Coast Live Oaks, teninches or more in trunk diameter. The proposed site is situated on the west side of Cordova Road, between Mercedes Roadto the north and San Juan Road to the south. The site consists of three lots totaling approximately 0.99 acres. The lots are currently vacant but are surrounded by other hillside single-family residences in the Inspiration Heights area of the city. The area wasoriginallysubdivided in the county in 1917 and later annexed to EXC-2014-02, EXC-2014-03,EXC- Cordova Rd. Exceptions June 9, 2014 2014-04,TR-2014-09, TR-2014-10 the City.In 1993 the City approved a lot line adjustment to allow for three parcels ranging in size from 13,689 square feet to 15,899 square feet. DISCUSSION: Site Plan Thesubject properties will be accessed by a shared private driveway from Cordova Road. The homes will be located to the west side of the shared driveway. Each parcel will have six parking spaces, 2 enclosed(inside garage)and 4 exterior. Shared maintenance agreements and ingress/egress easements will be recorded on the properties for the driveway. Thethree proposed residenceswill range from 2,986 square feet to 3,186 square feet and consistof three stories including a lower garage level. Eachhomewill be accessed viaa lower level garageand entry foyer with accessto the firstand second story living areas by an internal stairwell. The proposed residences follow the primary natural contour of the lot as closely as possible. All structures on the property shall usenatural earth tone and/or vegetation colors which complement the natural surroundings. Additionally, the proposed plans include outdoor patio space, new fencing and extensive landscaping and trees for each lot. Zoning Consistency& Exception for Development on Slopes Greater than 30% With the exception of the project slopeexceeding 30%, the proposed development will comply with all aspects of the Hillside Zoning Ordinance including, including but not limited to, building height, setbacks and massing.TheRHSOrdinance allows the construction of structures or improvements (over 500 square feet)in area on slopes greater than 30% withahillside exception. The proposed project development is located on slopes ranging from 32% to 36%. The intent of this rule is to minimize and discourage unnecessary hillside grading activities and visual disturbances. The project property presents unique circumstancesor hardships resulting from its physical/geographical challenges, therefore the proposed exception request is warranted. The Planning Commissionhas approved hillside exceptions on properties with similar topography and site conditions to facilitate a reasonable amount of development in the past. In 2011,the Planning Commission approved a similar hillside exception at 22755 San Juan Road for a single family residence. In order to mitigate any impacts,the proposed residences will be supported on pier-and-grade beam foundation systems extending into the underlying bedrock. The development will be constructed with appropriate geotechnical review and inspectionsas described below. Geological Review The City’s Geotechnical Consultant has peer-reviewed the geotechnical reports prepared by the applicant’s Geotechnical consultant, and concluded that the project is feasible and has no objections to the proposed residences layout based on the manner of construction proposed by the applicant’s geologist. The City Geologist recommends that the private geologist’s recommendations be incorporated into the construction plans and the foundation of the proposed residences be sufficiently imbedded into the EXC-2014-02, EXC-2014-03,EXC- Cordova Rd. Exceptions June 9, 2014 2014-04,TR-2014-09, TR-2014-10 bedrock. Additionally, the applicant’s geotechnical consultant should review and approve all geotechnical aspects of the project and building and grading plans to ensure that the recommendations have been properly incorporated. The City Geologist’s recommendations are incorporated as a condition of approval in the draft resolutions. Tree Removal & Landscaping As a part of the project, the applicant proposes to remove eight (8)protectedtrees onsite in order to facilitate the proposed residences and site improvements. All trees proposed for removal are Coast Live Oaks of specimen size and are proposed for removal as they are in the footprint of the new residences, driveway and retaining wall along Cordova Road. The City’s Consulting Arborist reviewed the proposal and concurs. In order to mitigate the trees being removed, the applicant shall be requiredto plant nine(9)24-inch box Quercus (Oak) trees consistent with the replacement requirements of the Protected Tree Ordinance. A condition of approval has been added to the draft resolution for the required replacement trees.The final location and species of the tree replacements will be reviewed by staff in conjunction with the building permit review. Street Trees As part of the project, a 25 foot dedication along Cordova Road will berequired. As a resultthe Torrey Pine will become a City Street tree and shall be protected from future removal by private property owners.Conditions of approval have been added to the draft resolution to ensure that the tree is protected during the proposed construction. In addition, the street improvements being proposed as part of the project have been designed to accommodate theexistingtree.The Public WorksDepartment has reviewed and concurs that a short section of the street would be narrowerto protect the treewithout any service level or safety impacts. No additional trees will be removed by the street improvements. Cordova Road Improvements The project includes offsite improvements to Cordova Road to meet fire safety access requirements, storm drainage needs and extend the existing sanitary sewer lateral to the new property line. The improvements have been reviewed by the Public Works, Cupertino Sanitary Districtand the Fire Department. Conditions of approval have been added to the draft resolutionsto address their comments. ENVIRONMENTAL ASSESSMENT On May 15, 2014, the Environmental Review Committee recommended a Mitigated Negative Declaration (EA-2012-02,EA-2014-03 & EA-2014-04)for the project per theCalifornia Environmental Quality Act(CEQA).The project includes mitigation measures, which have been added asConditions of approval to the draft resolutions, in the following areas, to reduce the potential environmental impacts of the project to less than significant levels: Air Quality:Construction shall comply with the BAAQMD’s recommendations and the City’s standard air quality measures. Biological Resources:Tree replacements in conformance with the City’s Protected Tree Ordinance. Geology and Soils:Design-level geotechnical plansshall be provided to the satisfaction of the City Building Official and all foundational piers shall extend into the bedrock. EXC-2014-02, EXC-2014-03,EXC- Cordova Rd. Exceptions June 9, 2014 2014-04,TR-2014-09, TR-2014-10 Cultural Resources:In the event that cultural resources (archeological or human remains) are discovered during construction all work shall be temporarily halted. Temporary Noise Levels:Construction shall comply with the City’s Noise Ordinance and standard noise mitigation measures. OTHERDEPARTMENT/AGENCY REVIEW The City’s Public Works Department, Building Division, the Santa Clara County Fire Department, the Cupertino Sanitary District, and San Jose Water reviewed the project and have no objections. Their pre- hearing comments/conditionshave been incorporated as conditions of approval in the draft resolutions. PUBLIC NOTICING & OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (14 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) Notices mailed to property owners adjacent to the project site (300 foot) (10 days prior to the hearing) Posted on the City's official notice bulletin board (one week prior to the hearing) Posted on the City of Cupertino’s Web site (one week prior to the hearing) Community Outreach & Public Comments In addition to the standard noticing and information on the City’s website,the applicant held a neighborhood meeting on Tuesday, June 18,2013 to gather community input.Property owners and neighbors expressed concerns with grading and drainage and construction activity. Additionally, on February 18, 2014 staff received a comment froma concerned neighbor. Concerns primarily focused on the preservation of the Torre Pine tree, fire accessand street improvements. Conditions of approval have been added to the draft resolutionsto address theseconcerns. PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 –65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received: January 28, 2014 Deemed Incomplete: February 28, 2014, April 28, 2014 Deemed Complete:May 15, 2014 The City has 60 days (until August9, 2014) to make a decision on the projectsince a Mitigated Negative Declaration under CEQA is recommended. The Planning Commission’s decision on this project is final unless appealed within 14 calendar days of the decision. EXC-2014-02, EXC-2014-03,EXC- Cordova Rd. Exceptions June 9, 2014 2014-04,TR-2014-09, TR-2014-10 CONCLUSION Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed developmentand all of the findings for approval of the proposed project, consistent with Chapter 19.168 of the Cupertino Municipal Code, may be made. Prepared by: Kaitie Groeneweg, Assistant Planner Reviewed by:Approved by: /s/Gary Chao /s/Aarti Shrivastava Gary Chao Aarti Shrivastava Assistant Director of Community Development Assistant City Manager ATTACHMENTS: 1 -Draft Resolution for EXC-2014-02(EA-2014-02) 2 –Draft Resolution for EXC-2014-03(EA-2014-03) 3 –Draft Resolution for EXC-2014-04(EA-2014-04) 4 -Draft Resolution for TR-2014-09 5 -Draft Resolution for TR-2014-10 6 -Geologic and Geotechnical Peer Review 7 -Initial Study and ERC Recommendation 8-Plan Set EXC-2014-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A NEW 2,986 SQUARE FOOT SINGLE FAMILY RESIDENCE ON SLOPES GREATER THAN 30%ON A VACANT LOT LOCATED AT 10645 CORDOVA ROAD (LOT A) SECTION I: PROJECT DESCRIPTION Application No.:EXC-2014-02 (EA-2014-02) Applicant:Terry Brown (Osann, K. O’Grady and B. O’Grady Lots) Location:Lot A, 10645 Cordova Road APN# 342-22-101 SECTION II: FINDINGSFOR DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permitas 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 Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1.The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. The proposed site is situated on the west side of Cordova Road, between Mercedes Road to the north and San Juan Road to the south. The lot iscurrently vacant andsurrounded by existinghillside single-family residences in the Inspiration Heights area of the city.Therefore, the development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 2.The proposed development will not create a hazardous condition for pedestrian or vehicular traffic. Various street improvements are proposed to Cordova Road to widen the street, construct curb and gutter to better define the edge of the street, therebyimproving vehicular circulation.In addition, the project proposes the construction of one driveway to serve three residences which will reduce multiple conflict areas for pedestrian traffic. Therefore, the development will not create a hazardous condition for pedestrian or vehicular traffic. Draft Resolution EXC-2014-02 June 9, 2014 3.The proposed development has legal access to public streets and public services are available to serve the development. The properties will be accessed by a shared private driveway from Cordova Road. Shared maintenance agreements and ingress/egress easements will be recorded on the properties for the driveway.In addition, sewer and water connections are available in the street. The development has legal access to public streets and public services are available to serve the development. 4.The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations necessary to accomplish a reasonable use of the parcel. Aside from the exception to allow construction of slopes greater than 30%, the proposed development complies will all other development regulations of the RHS zoning district including, but not limited to, building height, setbacks, and floor area. The development involves the least modification of the prescribed development regulationsnecessary to accomplish a reasonable use of the parcel. 5.All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the locationof the proposed development. All locations on the parcel are steeply sloped with slopes ranging from 32% to 36% and, thereforeno location on the parcel canbe developed without a hillside exception. The proposed development will be located to minimize environmental and grading impacts on the site. 6.The proposed development does not consist of structures on or near known geological or environmental hazards that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. Design-level geotechnical plans shall be provided to the satisfaction of the City Building Official and all foundational piers shall extend into the bedrock.Additionally, a geotechnical consultant shall review and approve all geotechnical aspects of the project’s building and grading plans to ensure the recommendations are incorporated. With the incorporation of the recommendations provided in the geotechnical report, the proposed development does not consist of structures that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. 7.The proposed development includes grading and drainage plans that will ensure that erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements will be minimized. The development will follow as closely as possible the primary natural contour of the lot to ensure that erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements will be minimized. 8.The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts. The development on the property shall use natural earth tone and/or vegetation colors with stone detailing and wood siding which blends with the natural hillside environment and which is designed in such a manner as to reduce the effective visible mass as much as possible. Draft Resolution EXC-2014-02 June 9, 2014 9.The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. 10.The proposed development is otherwise consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. The developmentis meeting all the requirements for RHS zoned properties andis consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe 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 2thereof,: A Mitigated Negative Declaration (Application no. EA-2014-02) is hereby recommended for adoption; andthe application for a Hillside Exception, Application no. EXC-2014-02is herebyrecommended for approvalandthat the subconclusions upon which the findings and conditions specified in this resolution are basedand contained in the Public Hearing record concerning Application no. EXC-2014-02as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received January 29, 2014 consisting of 25 sheets, labled C, P-1, A-1, A-2, A-3, A-4, B-1, B-2A, B-2B, B-3, B-4, C-1, C-2A, C-2B, C-3, C-4, 1,2, 3, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0entitled, “3 Custom Residences, 10645 Cordova Rd., Cupertino, CA 95014,” drawn by SSS Designs LLC; except as may be amended by conditions in this resolution. 2.ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3.CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. TR-2014-09shallbe applicable to this approval. 4.EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments, lighting, retaining walls and landscaping) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits for compliance to RHS zoning and other relevant regulations. Any exterior Draft Resolution EXC-2014-02 June 9, 2014 changes determined to be substantial by the Director of Community Development shall require a modification approval. 6.DEVELOPMENT ALLOCATION The applicant shall receive an allocation of one residential unit from the Other Residential Neighborhoods residential allocation area. 7.ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 8.TRASH PICK UP PLAN Prior to building permit issuance the applicant shall provide a trash pickupplan. This should identify the location of the trash pickupof all three residences on the site. 9.INGREE/EGRESS ACCESS AGREEMENT Prior to building permit issuance, the applicant shall prepare and record a covenant on the property that: a)Describes the purpose, functions and beneficiaries of the ingress/egress access easement; b)Declares that the applicant agrees to work with neighboring owners of property to the north of the subject site to facilitate future access to their lots, which includes but is not limited to sharing driveway improvements, altering grading and modifying and/or demolishing of retaining walls and other improvements built in the easement area. The covenant shall state that the declaration is binding on successors and assigns of the owner(s). The covenant shall be reviewed and approved by the City Attorney prior to recordation. 10.DRIVEWAYEASEMENT AREA The shared ingress/egress driveway shall be impervious pavers. 11.INTERIOR GARAGE DIMENSION The interior garage clearance shall be 20 feet by 20 feet (measured from inside walls). 12.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 Calculationsshall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 13.LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional afterthe landscaping and irrigation system have been installedand prior to final occupancy. 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 Draft Resolution EXC-2014-02 June 9, 2014 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 ofthe ordinance and the permit.” 14.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 reportprior to issuance of final occupancy, or any time before the landscape installation report is submittedprior to issuance of building permits. 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. 15.TREE PROTECTION The existing trees to remain shall be protected during construction per the City’s Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City’s standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain prior to issuance of building permits.A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 16.COMPLIANCE WITH MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The project shall be required to adhere to the mitigation measures identified in the Mitigated Negative Declaration (EA-2014-04) and Mitigation Monitoring and Reporting Program (MMRP)for the project. 17.GEOLOGY AND SOILSMITIGATION MEASURES MM GEO-1: The Geotechnical Study has identified and provided recommendations for site rupture potential under section 9.1 Location of Proposed Improvements. Those recommendations will be followed in the construction of the project. MM GEO-2:The Geotechnical Study has identified and provided recommendations for seismic ground shaking potential under section 9.2 Seismic Design Criteria. Those recommendations will be followed in the construction of the project. MM GEO-3:The Geotechnical Study has identified and provided recommendations for site seismic- related ground failure under the following sections. Those recommendations will be followed in the Draft Resolution EXC-2014-02 June 9, 2014 construction of the project, except where supplemental geotechnical design measures were recommended by the Geologic and Geotechnical Peer Review (as noted below): 9.3 Earthwork 9.4 Foundations–The Geologic and Geotechnical Peer Review offers the following additional recommendations: The Project Geotechnical Consultant shallextendall piers sufficiently into competent bedrock materials. Anticipated primary impact will be to the depths of piers on Lot C. Due to the hillside setting, the presence of shears within the colluvium, future irrigation, and the potentially high expansive nature of the colluvium, this geologic unit does not appear to present a suitable, long-term bearing material for residential foundations. Structural plans shallbe developed that incorporate the recommendations of the ProjectGeotechnical Consultant. 9.5 Drainage-The Geologic and Geotechnical Peer Review offersthe following additional recommendations: Design specifications of the retention chambers shallbe included in the development plans. Additionally, the Grading and Drainage Plan shallreference the most recent geotechnical investigation report and incorporate their design recommendations. The Geologic and Geotechnical Peer Review recommends the applicant’s geotechnical consultant shallreview and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and underpins, retaining walls and driveway) to ensure that their recommendations have been properly incorporated. 18.AIR QUALITYMITIGATION MEASURES MM AIR-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 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. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 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]). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 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 Draft Resolution EXC-2014-02 June 9, 2014 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. 19.BIOLOGICALRESOURCES MM BIO-1: For every protected tree removed, plant replacement trees, of a species and size as designated by the approval authority and consistent with the replacement value of each tree removed. MM BIO-1: A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not significantly raise or lower the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the drip line, the architect/arborist shall address and mitigate the impact to the tree(s). All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during construction operations byconstructing a four-foot-high fence around the drip line, and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Community Development. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. The general contractor shall use a tree service licensee, as defined by California Business and Professional Code, to prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architect/arborist with approval of staff. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. No storage of construction materials or parking shall be permitted within the drip line area of any tree designated to be saved. 20.CULTURAL RESOURCESMITIGATION MEASURES MM HAZ-1.4: In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work should be temporarily halted in the vicinity ofthe discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources. The City of Cupertino (or Draft Resolution EXC-2014-02 June 9, 2014 its representative) shall consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any find is determined to be significant, the City of Cupertino (or its representative) and the archaeologist and/or paleontologist would meet to determine the appropriate avoidance measures. All significant cultural materials recovered shall be subject to scientific analysis, professional museum duration, and a report prepared by the qualified archaeologist according to current professional standards. 21.NOISEMITIGATION MEASURES MM NOI-1:The followingconstruction noisemitigation measures shall be taken in order to reduce noise event impacts to nearby receptor areas: Construction activities shall be limited to the hours of 7:00 am to 8:00 pm on weekdays and 9:00 am to 6:00 pm on weekends. Construction activities are prohibited on holidays. All construction equipment shall use noise-reduction features that are no less effective than those originallyinstalled by the manufacturer. If no noise-reduction features were originally installed, then the contractor shall require that at least a muffler be installed on the equipment. No individual device will produce a noise level more than 87 dBA at a distance of twenty-five feet or the noise level on any nearby property does not exceed 80 dBA. 22.PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meetingwith 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: 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 stormrun-off management plan i.Emergency/complaint and construction site manager contacts 23.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. 24.DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to themaximum extent feasible subject to the Building Official. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. Draft Resolution EXC-2014-02 June 9, 2014 25.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. 26.INDEMNIFICATION To the extentpermitted 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 indemnifiedparties 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. 27.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1.RETAINING WALL Developer will be responsible for designing and installing a concrete retaining wall on the downhill (east) side of Cordova Road along the property frontage, in accordance with City Standards and as approved by the City Engineer. The retaining wall will need to provide adequate support for the roadway to handle the increased traffic caused by the development and to address emergency vehicle (fire truck) loading requirements. The Developer shall provide to the City samples or depictions of the wall façade for approval, prior to installation of the wall. 2.ASPHALT PAVEMENT ALONG PUBLIC STREET Developer will be required to repair any damage to the asphalt pavement in the public right of way caused by project’s construction activities, as required by and to the satisfaction of the City Engineer. 3.TREE PROTECTION AND PRESERVATION Developer will be responsible for protecting and preserving the existing Torrey Pine tree (Pinus Torreyana) located adjacent to Cordova Road on the southerly end of the property frontage. Tree protection facilities shall be installed in accordance with City Standard Details and will be required to be inspected and approved by a certified arborist. 4.STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Draft Resolution EXC-2014-02 June 9, 2014 5.CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 6.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. 7.STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 8.GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 9.DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-and post- development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separatorsto reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the 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. 10.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 shallsubmit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11.IMPROVEMENT AGREEMENT The projectdeveloper shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees:$ Per current fee schedule ($2,707 or 5%) Draft Resolution EXC-2014-02 June 9, 2014 b. Grading Permit: $ Per current fee schedule ($2,542.00 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 ($8,213.00) g. Park Fees:$ Per current fee schedule ($9,000 per unit) h. Street Tree $338 per tree to be installed by City **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. 12.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. 13.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. 14.BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 15.NPDES CONSTRUCTION GENERAL PERMIT Whenand 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. Draft Resolution EXC-2014-02 June 9, 2014 16.C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 17.EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 18.WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 19.TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 20.TRASH ENCLOSURE The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 21.REFUSE TRUCK ACCESS Developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 22.STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 23.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 24.FIRE SAFETY DURING CONSTRUCTION Developer shall at all times during construction have adequate access to water facilities (temporary metered access to a fire hydrant, an onsite water tank, water truck, etc.) to aid in immediate fire suppression. Draft Resolution EXC-2014-02 June 9, 2014 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.SAN JOSE WATER COMPANY CLEARANCE Provide San Jose Water 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 to the City all water mains and appurtenances installed to City Standards. The developer shall reach an agreement with San Jose Water 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 undergroundstrata 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, AT&T, and Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1.FIRE SPRINKLERS REQUIREDIN RESIDENCES AND DETACHED WORKSPACES Wildland-Urban Interface: This project is located within the designated Wildland-Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related Landscape plan requirements. 2.FIRE SPRINKLERSREQUIREDIN RESIDENCES AND DETACHED WORKSPACES An automaticsprinkler system shall be installed in one-and two-family dwellings(including detached workspaces)as follows: In all new one-and two-family dwellings and in existing one-and two-family dwellings when additions are made that increase the building area to more than 3,600 Draft Resolution EXC-2014-02 June 9, 2014 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Sections903.2as adopted in Section 16-40-210of 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 contaminationof 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 documentedby that purveyor as having been met by the applicant(s). 2010CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 4.CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33and County Fire Standard Detail and Specification SI-7.Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 5.PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1.FEES AND PERMITS Cupertino Sanitary District Fees and Permits shall be required for the subject improvements. 2.BACKFLOW DEVICE An approved backflow device (IAPMO or UPC approved) is required since the lowest finished floor with plumbing is less than (1’) foot above the rim of the nearest upstream manhole (O.C. 4105). The backflow device will be inspected to verify existence and serviceability by a District Inspector at the time of video inspection. District to provide Building Department with written notification upon completion of inspection (O.C. 5104). 3.PROPERTY LINE CLEANOUT Install new property line cleanout. Property line cleanout must be within 5 feet of the property line. Cleanout shall be the same diameter as the street portionof the service lateral. Gravity lateral is 4” diameter minimum (O.C. 4101). Draft Resolution EXC-2014-02 June 9, 2014 4.CONNECTION PERMIT A Cupertino Sanitary District Connection Permit is required for the proposed improvements (O.C. 8100) 5.LATERAL PERMIT A Cupertino Sanitary District Lateral Permit isrequired for the proposed improvements (O.C. 8300). Lateral Permit will only be issued to Licensed Underground Contractor registered to work in the Cupertino Sanitary District. Instructions for Contractor’s registration can be found on the District’s website under “Contractors.” (O.C. 5100). 6.SEWAGE PUMP A sewage pump is required unless a CivilEngineercertifiesthat the sewagecan adequately gravity drain from plumbing fixtures to public sewers. The sewage pump shall not be located within the crawlspace or basement. Relocate pump outside of structure or within light well or stairwell. The pump will be inspected by the City of Cupertino and verified by a District Inspector. 7.SANITARY SEWER MANHOLE Show the upstream sanitary sewer manhole with existing rim and invert elevation, main and lateral on plans. The streetportion of existing sanitary sewer lateralis to be extended by permit from the District to the new property line. 8.CLOSED-CIRCUIT VIDEO Closed-circuit video of the new property line cleanout, point of connection and Districtlateral is required prior to clearance for City of Cupertino Final Inspection. Owner to call District at least 48 hours prior to video inspection to schedule a District Inspector. District to provide Building Department with written notification upon completion of inspection (O.C. 5104). PASSED AND ADOPTED this 9thday ofJune,2014,Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy,Chair Assist. Director of Community Development Planning Commission G:\Planning\PDREPORT\RES\2014\EXC-2014-04res.doc EXC-2014-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A NEW 3,185SQUARE FOOT SINGLE FAMILY RESIDENCE ON SLOPES GREATER THAN 30%ON A VACANT LOT LOCATED AT 10645 CORDOVA ROAD (LOT B) SECTION I: PROJECT DESCRIPTION Application No.:EXC-2014-03 (EA-2014-03) Applicant:Terry Brown (Osann, K. O’Grady and B. O’Grady Lots) Location:Lot B, 10645 Cordova Road APN# 342-22-101 SECTION II: FINDINGSFOR DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permitas 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 Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1.The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. The proposed site is situated on the west side of Cordova Road, between Mercedes Road to the north and San Juan Road to the south. The lot iscurrently vacant andsurrounded by existinghillside single-family residences in the Inspiration Heights area of the city.Therefore, the development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 2.The proposed development will not create a hazardous condition for pedestrian or vehicular traffic. Various street improvements are proposed to Cordova Road to widen the street, construct curb and gutter to better define the edge of the street, therebyimproving vehicular circulation.In addition, the project proposes the construction of one driveway to serve three residences which will reduce multiple conflict Draft Resolution EXC-2014-03 June 9, 2014 areas for pedestrian traffic. Therefore, the development will not create a hazardous condition for pedestrian or vehicular traffic. 3.The proposed development has legal access to public streets and public services are available to serve the development. The properties will be accessed by a shared private driveway from Cordova Road. Shared maintenance agreements and ingress/egress easements will be recorded on the properties for the driveway.In addition, sewer and water connections are available in the street. The development has legal access to public streets and public services are available to serve the development. 4.The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations necessary to accomplish a reasonable use of the parcel. Aside from the exception to allow construction of slopes greater than 30%, the proposed development complies will all other development regulations of the RHS zoning district including, but not limited to, building height, setbacks, and floor area. The development involves the least modification of the prescribed development regulationsnecessary to accomplish a reasonable use of the parcel. 5.All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the locationof the proposed development. All locations on the parcel are steeply sloped with slopes ranging from 32% to 36% and, thereforeno location on the parcel canbe developed without a hillside exception. The proposed development will be located to minimize environmental and grading impacts on the site. 6.The proposed development does not consist of structures on or near known geological or environmental hazards that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. Design-level geotechnical plans shall be provided to the satisfaction of the City Building Official and all foundational piers shall extend into the bedrock.Additionally, a geotechnical consultant shall review and approve all geotechnical aspects of the project’s building and grading plans to ensure the recommendations are incorporated. With the incorporation of the recommendations provided in the geotechnical report, the proposed development does not consist of structures that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. 7.The proposed development includes grading and drainage plans that will ensure that erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements will be minimized. The development will follow as closely as possible the primary natural contour of the lot to ensure that erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements will be minimized. 8.The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effective visible mass, including building height, as much as possible without creating other negative environmental impacts. Draft Resolution EXC-2014-03 June 9, 2014 The development on the property shall use natural earth tone and/or vegetation colors with stone detailing and wood siding which blends with the natural hillside environment and which is designed in such a manner as to reduce the effective visible mass as much as possible. 9.The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. 10.The proposed development is otherwise consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. The developmentis meeting all the requirements for RHS zoned properties andis consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe 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 2thereof,: A Mitigated Negative Declaration (Application no. EA-2014-03) is hereby recommended for adoption; andthe application for a Hillside Exception, Application no. EXC-2014-03is herebyrecommended for approvalandthat the subconclusions upon which the findings and conditions specified in this resolution are basedand contained in the Public Hearing record concerning Application no. EXC-2014-03as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received January 29, 2014 consisting of 25 sheets, labled C, P-1, A-1, A-2, A-3, A-4, B-1, B-2A, B-2B, B-3, B-4, C-1, C-2A, C-2B, C-3, C-4, 1,2, 3, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0entitled, “3 Custom Residences, 10645 Cordova Rd., Cupertino, CA 95014,” drawn by SSS Designs LLC; except as may be amended by conditions in this resolution. 2.ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3.CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. TR-2014-10shallbe applicable to this approval. Draft Resolution EXC-2014-03 June 9, 2014 4.EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments, lighting, retaining walls and landscaping) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits for compliance to RHS zoning and other relevant regulations. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval. 5.DEVELOPMENT ALLOCATION The applicant shall receive an allocation of one residential unit from the Other Residential Neighborhoods residential allocation area. 6.ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 7.TRASH PICK UP PLAN Prior to building permit issuance the applicant shall provide a trash pickupplan. This should identify the location of the trash pickupof all three residences on the site. 8.DRIVEWAY EASEMENT AREA The shared ingress/egress driveway shall be impervious pavers. 9.INGREE/EGRESS ACCESS AGREEMENT Prior to building permit issuance, the applicant shall prepare and record a covenant on the property that: a)Describes the purpose, functions and beneficiaries of the ingress/egress access easement; b)Declares that the applicant agrees to work with neighboring owners of property to the north of the subject site to facilitate future access to their lots, which includes but is not limited to sharing driveway improvements, altering grading and modifying and/or demolishing of retaining walls and other improvements built in the easement area. The covenant shall state that the declaration is binding on successors and assigns of the owner(s). The covenant shall be reviewed and approved by the City Attorney prior to recordation. 10.INTERIOR GARAGE DIMENSION The interior garage clearance shall be 20 feet by 20 feet (measured from inside walls). 11.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. Draft Resolution EXC-2014-03 June 9, 2014 12.LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installedand prior to final occupancy. 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, andpreparation 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.” 13.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 reportprior to issuance of final occupancy, or any time before the landscape installation report is submittedprior to issuance of building permits. 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. 14.TREE PROTECTION The existing trees to remain shall be protected during construction per the City’s Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City’s standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain prior to issuance of building permits.A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 15.COMPLIANCE WITH MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The project shall be required to adhere to the mitigation measures identified in the Mitigated Negative Declaration (EA-2014-02) and Mitigation Monitoring and Reporting Program (MMRP)for the project. 16.GEOLOGY AND SOILSMITIGATION MEASURES MM GEO-1: The GeotechnicalStudy has identified and provided recommendations for site rupture potential under section 9.1 Location of Proposed Improvements. Those recommendations will be followed in the construction of the project. Draft Resolution EXC-2014-03 June 9, 2014 MM GEO-2:The Geotechnical Study has identified and provided recommendations for seismic ground shaking potential under section 9.2 Seismic Design Criteria. Those recommendations will be followed in the construction of the project. MM GEO-3:The Geotechnical Study has identified and provided recommendations for site seismic- related ground failure under the following sections. Those recommendations will be followed in the construction of the project, except where supplemental geotechnical design measures were recommended by the Geologic and GeotechnicalPeer Review (as noted below): 9.3 Earthwork 9.4 Foundations–The Geologic and Geotechnical Peer Review offers the following additional recommendations: The Project Geotechnical Consultant shallextendall piers sufficiently into competent bedrock materials. Anticipated primary impact will be to the depths of piers on Lot C. Due to the hillside setting, the presence of shears within the colluvium, future irrigation, and the potentially high expansive nature of the colluvium, this geologic unit does not appear to present a suitable, long-term bearing material for residential foundations. Structural plans shallbe developed that incorporate the recommendations of the ProjectGeotechnical Consultant. 9.5 Drainage-The Geologic and Geotechnical Peer Review offers the following additional recommendations: Design specifications of the retention chambers shallbe included in the development plans. Additionally, the Grading and Drainage Plan shallreference the most recent geotechnical investigation report and incorporate their design recommendations. The Geologic and Geotechnical Peer Review recommends the applicant’s geotechnical consultant shallreview and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and underpins, retaining walls and driveway) to ensure that their recommendations have been properly incorporated. 17.AIR QUALITYMITIGATION MEASURES MM AIR-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 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. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be pavedshall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 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]). Clear signage shall be provided for construction workers at all access points. Draft Resolution EXC-2014-03 June 9, 2014 All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Post a publicly visible sign with the telephonenumber 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. 18.BIOLOGICAL RESOURCES MM BIO-1: For every protected tree removed, plant replacement trees, of a species and size as designated by the approval authority and consistent with the replacement value of each tree removed. MM BIO-1: A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not significantly raise or lower the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the drip line, the architect/arborist shall address and mitigate the impact to the tree(s). All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during construction operations by constructing a four-foot-high fence around the drip line, and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Community Development. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. The area under the drip line of the tree shall be kept clean. No constructionmaterials nor chemical solvents shall be stored or dumped under a tree. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. The general contractor shalluse a tree service licensee, as defined by California Business and Professional Code, to prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architect/arborist with approval of staff. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. No storage of construction materials or parking shall be permitted within the drip line area of any treedesignated to be saved. Draft Resolution EXC-2014-03 June 9, 2014 19.CULTURAL RESOURCESMITIGATION MEASURES MM HAZ-1.4: In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources. The City of Cupertino (or its representative) shall consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any find is determined to be significant, the City of Cupertino (or its representative) and the archaeologist and/or paleontologist would meet to determine the appropriate avoidance measures. All significant cultural materials recovered shall be subject to scientific analysis, professional museum duration, and a report prepared by the qualified archaeologist according to current professional standards. 20.NOISEMITIGATION MEASURES MM NOI-1:The followingconstruction noisemitigation measures shall be taken in order to reduce noise event impacts to nearby receptor areas: Construction activities shall be limited to the hours of 7:00 am to 8:00 pm on weekdays and 9:00 am to 6:00 pm on weekends. Construction activities are prohibited on holidays. All construction equipment shall use noise-reduction features that are no less effective than those originally installed by the manufacturer. If no noise-reduction features were originally installed, then the contractor shall require that at least a muffler be installed on the equipment. No individual device will produce a noise level more than 87 dBA at a distance of twenty-five feet or the noise level on any nearby property does not exceed 80 dBA. 21.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: a.Plan for compliance withconditions 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 andstorm run-off management plan i.Emergency/complaint and construction site manager contacts 22.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. Draft Resolution EXC-2014-03 June 9, 2014 23.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. 24.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. 25.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. 26.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1.RETAINING WALL Developer will be responsible for designing and installing a concrete retaining wall on the downhill (east) side of Cordova Road along the property frontage, in accordance with City Standards and as approved by the City Engineer. The retaining wall will need to provide adequate support for the roadway to handle the increased traffic caused by the development and to address emergency vehicle (fire truck) loading requirements. The Developer shall provide to the City samples or depictions of the wall façade for approval, priorto installation of the wall. 2.ASPHALT PAVEMENT ALONG PUBLIC STREET Developer will be required to repair any damage to the asphalt pavement in the public right of way caused by project’s construction activities, as required by and to the satisfaction of the City Engineer. 3.TREE PROTECTION AND PRESERVATION Developer will be responsible for protecting and preserving the existing Torrey Pine tree (Pinus Torreyana) located adjacent to Cordova Road on the southerly end of the property frontage. Tree Draft Resolution EXC-2014-03 June 9, 2014 protection facilities shall be installed in accordance with City Standard Details and will be required to be inspected and approved by a certified arborist. 4.STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 5.CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 6.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. 7.STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 8.GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact ArmyCorp of Engineers and/or Regional Water Quality Control Board as appropriate. 9.DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-and post- development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the 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. 10.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 forinstallation of underground utility devices. Developer shallsubmit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. Draft Resolution EXC-2014-03 June 9, 2014 11.IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees:$ Per current fee schedule ($2,707 or 5%) b. Grading Permit: $ Per current fee schedule ($2,542.00 or 6%) c. Development Maintenance Deposit:$ 1,000.00 d. Storm Drainage Fee:$ TBD e. Power Cost:** f. Map Checking Fees:$ Per current fee schedule ($8,213.00) g. Park Fees:$ Per current fee schedule ($9,000 per unit) h. Street Tree $338 per tree to be installed by City **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 changeor changes, the fees changed at that time will reflect the then current fee schedule. 12.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. 13.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. 14.BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. Draft Resolution EXC-2014-03 June 9, 2014 15.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. 16.C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 17.EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 18.WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 19.TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 20.TRASH ENCLOSURE The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 21.REFUSE TRUCK ACCESS Developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 22.STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. Draft Resolution EXC-2014-03 June 9, 2014 23.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to theapproval of the City. 24.FIRE SAFETY DURING CONSTRUCTION Developer shall at all times during construction have adequate access to water facilities (temporary metered access to a fire hydrant, an onsite water tank, water truck, etc.) to aid in immediate fire suppression. 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 anyproposed 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.SAN JOSE WATER COMPANY CLEARANCE Provide San Jose Water 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 to the City all water mains and appurtenances installed to City Standards. The developer shall reach an agreement with San Jose Water 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, AT&T, and Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1.FIRE SPRINKLERS REQUIREDIN RESIDENCES AND DETACHED WORKSPACES Wildland-Urban Interface: This project is located within the designated Wildland-Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section Draft Resolution EXC-2014-03 June 9, 2014 701A.3.2.4 prior to project final approval. Check with the Planning Department for related Landscape plan requirements. 2.FIRE SPRINKLERSREQUIREDIN RESIDENCES AND DETACHED WORKSPACES An automatic sprinkler system shall be installed in one-and two-family dwellings(including detached workspaces)as follows: In all new one-and two-family dwellings and in existing one-and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Sections903.2as adopted in Section 16-40-210of theCMC. 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 supplyingthe 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 contaminationof 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 documentedby that purveyor as having been met by the applicant(s). 2010CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 4.CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33and County Fire Standard Detail and Specification SI-7.Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 5.PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1.FEES AND PERMITS Cupertino Sanitary District Fees and Permits shall be required for the subject improvements. 2.BACKFLOW DEVICE An approved backflow device (IAPMO or UPC approved) is required since the lowest finished floor with plumbing is less than (1’) foot above the rim of the nearest upstream manhole (O.C. 4105). The backflow device will be inspected to verify existence and serviceability by a District Inspector at the Draft Resolution EXC-2014-03 June 9, 2014 time of video inspection. District to provide Building Department with written notification upon completion of inspection (O.C. 5104). 3.PROPERTY LINE CLEANOUT Install new property line cleanout. Property line cleanout must be within 5 feet of the property line. Cleanout shall be the same diameter as the street portionof the service lateral. Gravity lateral is 4” diameter minimum (O.C. 4101). 4.CONNECTION PERMIT A Cupertino Sanitary District Connection Permit is required for the proposed improvements (O.C. 8100) 5.LATERAL PERMIT A Cupertino Sanitary District Lateral Permit is required for the proposed improvements (O.C. 8300). Lateral Permit will only be issued to Licensed Underground Contractor registered to work in the Cupertino Sanitary District. Instructions for Contractor’s registration can be found on the District’s website under “Contractors.” (O.C. 5100). 6.SEWAGE PUMP A sewage pump is required unless a CivilEngineercertifiesthat the sewagecan adequately gravity drain from plumbing fixtures to public sewers. The sewage pump shall not be located within the crawlspace or basement. Relocate pump outside of structure or within light well or stairwell. The pump will be inspected by the City of Cupertino and verified by a District Inspector. 7.SANITARY SEWER MANHOLE Show the upstream sanitary sewer manhole with existing rim and invert elevation, main and lateral on plans. The streetportion of existing sanitary sewer lateralis to be extended by permit from the District to the new property line. 8.CLOSED-CIRCUIT VIDEO Closed-circuit video of the new property line cleanout, point of connection and Districtlateral is required prior to clearance for City of Cupertino Final Inspection. Owner to call District at least 48 hours prior to video inspection to schedule a District Inspector. District to provide Building Departmentwith written notification upon completion of inspection (O.C. 5104). Draft Resolution EXC-2014-03 June 9, 2014 PASSED AND ADOPTED this 9thday ofJune,2014,Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy,Chair Assist. Director of Community Development Planning Commission G:\Planning\PDREPORT\RES\2014\EXC-2014-02res.doc EXC-2014-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION OF A NEW 3,186SQUARE FOOT SINGLE FAMILY RESIDENCE ON SLOPES GREATER THAN 30%ON A VACANT LOT LOCATED AT 10645 CORDOVA ROAD (LOT C) SECTION I: PROJECT DESCRIPTION Application No.:EXC-2014-04 (EA-2014-04) Applicant:Terry Brown (Osann, K. O’Grady and B. O’Grady Lots) Location:Lot C, 10645 Cordova Road APN# 342-22-101 SECTION II: FINDINGSFOR DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Development Permitas 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 Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1.The proposed development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. The proposed site is situated on the west side of Cordova Road, between Mercedes Road to the north and San Juan Road to the south. The lot iscurrently vacant andsurrounded by existinghillside single-family residences in the Inspiration Heights area of the city.Therefore, the development will not be injurious to property or improvements in the area nor be detrimental to the public health and safety. 2.The proposed development will not create a hazardous condition for pedestrian or vehicular traffic. Various street improvements are proposed to Cordova Road to widen the street, construct curb and gutter to better define the edge of the street, therebyimprovingvehicular circulation.In addition, the project proposes the construction of one driveway to serve three residences which will reduce multiple conflict areas for pedestrian traffic. Therefore, the development will not create a hazardous conditionfor pedestrian or vehicular traffic. Draft Resolution EXC-2014-04 June 9, 2014 3.The proposed development has legal access to public streets and public services are available to serve the development. The properties will be accessed by a shared private driveway from Cordova Road. Shared maintenance agreements and ingress/egress easements will be recorded on the properties for the driveway.In addition, sewer and water connections are available in the street. The development has legal access to public streets and public services are available to serve the development. 4.The proposed development requires an exception, which involves the least modification of, or deviation from, the development regulations necessary to accomplish a reasonable use of the parcel. Aside from the exception to allow construction of slopes greater than 30%, the proposed development complies will all other development regulations of the RHS zoning district including, but not limited to, building height, setbacks, and floor area.The development involves the least modification of the prescribed development regulationsnecessary to accomplish a reasonable use of the parcel. 5.All alternative locations for development on the parcel have been considered and have been found to create greater environmental impacts than the location of the proposed development. All locations on the parcel are steeply sloped with slopes ranging from 32% to 36% and, thereforeno location on the parcel canbe developed without a hillside exception. The proposed development will be located to minimize environmental and grading impacts on the site. 6.The proposed development does not consist of structures on or near known geological or environmental hazards that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. Design-level geotechnical plans shall be provided to the satisfaction of the City Building Official and all foundational piers shall extend into the bedrock.Additionally, a geotechnical consultant shall review and approve all geotechnical aspects of the project’s building and grading plans to ensure the recommendations are incorporated. With the incorporation of the recommendations provided in the geotechnical report, the proposed development does not consist of structures that have been determined by expert testimony to be unsafe or hazardous to structures or persons residing therein. 7.The proposed development includes grading and drainage plans that will ensure that erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements will be minimized. The development will follow as closely as possible the primary natural contour of the lot to ensure that erosion and scarring of the hillsides caused by necessary construction of the housing site and improvements will be minimized. 8.The proposed development consists of structures incorporating designs, colors, materials, and outdoor lighting which blend with the natural hillside environment and which are designed in such a manner as to reduce the effectivevisible mass, including building height, as much as possible without creating other negative environmental impacts. The development on the property shall use natural earth tone and/or vegetation colors with stone detailing and wood siding which blends with the natural hillside environment and which is designed in such a manner as to reduce the effective visible mass as much as possible. Draft Resolution EXC-2014-04 June 9, 2014 9.The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. The proposed development is located on the parcel as far as possible from public open space preserves or parks (if visible therefrom), riparian corridors, and wildlife habitats unless such location will create other, more negative environmental impacts. 10.The proposed development is otherwise consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. The developmentis meeting all the requirements for RHS zoned properties andis consistent with the City's General Plan and Zoning Ordinance as described in Section 19.40.010. NOW, THEREFORE, BE IT RESOLVED: That after careful considerationofthe 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 2thereof,: A Mitigated Negative Declaration (Application no. EA-2014-04) is hereby recommended for adoption; andthe application for a Hillside Exception, Application no. EXC-2014-04is herebyrecommended for approvalandthat the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. EXC-2014-04as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set receivedJanuary 29,2014consisting of 25sheets, labled C, P-1, A-1, A-2, A-3, A-4, B-1, B-2A, B-2B, B-3, B-4, C-1, C-2A, C-2B, C-3, C-4, 1, 2, 3, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0entitled, “3 Custom Residences,10645 Cordova Rd., Cupertino, CA 95014,” drawn by SSS DesignsLLC;except as may be amended by conditions in this resolution. 2.ACCURACY OF PROJECT PLANS The applicant/property owneris 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. 3.EXTERIOR BUILDING MATERIALS/TREATMENTS, LANDSCAPING Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments, lighting, retaining walls and landscaping) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits for compliance to RHS zoning and other relevant regulations. Any exterior changes determined to be substantial by the Director of Community Development shall require a modification approval. Draft Resolution EXC-2014-04 June 9, 2014 4.DEVELOPMENT ALLOCATION The applicant shall receive an allocation of one residential unit from the Other Residential Neighborhoods residential allocation area. 5.ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 6.TRASH PICKUP PLAN Prior to building permit issuance the applicant shall provide a trash pickupplan. This should identify the location of the trash pickupof all three residences on the site. 7.DRIVEWAY EASEMENT AREA The shared ingress/egress driveway shall be impervious pavers. 8.INGREE/EGRESS ACCESS AGREEMENT Prior to building permit issuance, the applicant shall prepare and record a covenant on the property that: a)Describes the purpose, functions and beneficiaries of the ingress/egress access easement; b)Declares that the applicant agrees to work with neighboring owners of property to the north of the subject site to facilitate future access to their lots, which includes but is not limited to sharing driveway improvements, altering grading and modifying and/or demolishing of retaining walls and other improvements built in the easement area. The covenant shall state that the declaration is binding on successors and assigns of the owner(s). The covenant shall be reviewed and approved by the City Attorney prior to recordation. 9.INTERIOR GARAGE DIMENSION The interior garage clearance shall be 20 feet by 20 feet (measured from inside walls). 10.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. 11.LANDSCAPE INSTALLATION REPORT A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installedand prior to final occupancy. 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. Draft Resolution EXC-2014-04 June 9, 2014 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.” 12.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 reportprior to issuance of final occupancy, or any time before the landscape installation report is submittedprior to issuance of building permits. 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. 13.TREE PROTECTION The existing trees to remain shall be protected during construction per the City’s Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City’s standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain prior to issuance of building permits.A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 14.COMPLIANCE WITH MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The project shall be required to adhere to the mitigation measures identified in the Mitigated Negative Declaration (EA-2014-03) and Mitigation Monitoring and Reporting Program (MMRP)for the project. 15.GEOLOGY AND SOILSMITIGATION MEASURES MM GEO-1: The Geotechnical Study has identified and provided recommendations for site rupture potential under section 9.1 Location of Proposed Improvements. Those recommendations will be followed in the construction of the project. MM GEO-2:The Geotechnical Study has identified and provided recommendations for seismic ground shaking potential under section 9.2 Seismic Design Criteria. Those recommendations will be followed in the construction of the project. MM GEO-3:The Geotechnical Study has identified and provided recommendations for site seismic- related ground failure under the following sections. Those recommendations will be followed in the construction of the project, except where supplemental geotechnical design measures were recommended by the Geologic and Geotechnical Peer Review (as noted below): 9.3 Earthwork Draft Resolution EXC-2014-04 June 9, 2014 9.4 Foundations–The Geologic and Geotechnical Peer Review offers the following additional recommendations: The Project Geotechnical Consultant shallextendall piers sufficiently into competent bedrock materials. Anticipated primary impact will be to the depths of piers on Lot C. Due to the hillside setting, the presence of shears within the colluvium, future irrigation, and the potentially high expansive nature of the colluvium, this geologic unit does not appear to present a suitable, long-term bearing material for residential foundations. Structural plans shallbe developed that incorporatethe recommendations of the Project Geotechnical Consultant. 9.5 Drainage-The Geologic and Geotechnical Peer Review offers the following additional recommendations: Design specifications of the retention chambers shallbe included in the development plans. Additionally, the Grading and Drainage Plan shallreference the most recent geotechnical investigation report and incorporate their design recommendations. The Geologic and Geotechnical Peer Review recommends the applicant’s geotechnical consultant shallreview and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and underpins, retaining walls and driveway) to ensure that theirrecommendations have been properly incorporated. 16.AIR QUALITYMITIGATION MEASURES MM AIR-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 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. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 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]). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 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. Draft Resolution EXC-2014-04 June 9, 2014 17.BIOLOGICAL RESOURCES MM BIO-1: For every protected tree removed, plant replacement trees, of a species and size as designated by the approval authority and consistent with the replacement value of each tree removed. MM BIO-1: A site plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees designated for preservation. Construction and grading should not significantly raise or lower the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the drip line, the architect/arborist shall address and mitigate the impact to the tree(s). All trees to be preserved on the property and all trees adjacent to the property shall be protected against damage during construction operations by constructing a four-foot-high fence around the drip line, and armor as needed. The extent of fencing and armoring shall be determined by the landscape architect. The tree protection shall be placed before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work. No construction operations shall be carried on within the drip line area of any tree designated to be saved except as is authorized by the Director of Community Development. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. The area under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be stored or dumped under a tree. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be limited in size and kept under constant surveillance. The general contractor shall use a tree service licensee, as defined by California Business and Professional Code, to prune and cut off the branches that must beremoved during the grading or construction. No branches or roots shall be cut unless at first reviewed by the landscape architect/arborist with approval of staff. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. No storage of construction materials or parking shall be permitted within the drip line area of any tree designated to be saved. 18.CULTURAL RESOURCESMITIGATION MEASURES MM HAZ-1.4: In the event that any prehistoric or historic subsurfacecultural resources are discovered during ground disturbing activities, all work should be temporarily halted in the vicinity of the discovered materials and workers should avoid altering the materials and their context until a qualified professional archaeologist has evaluated the situation and provided appropriate recommendations. Project personnel should not collect cultural resources. The City of Cupertino (or its representative) shall consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any find is determined to be significant, the City of Cupertino (or its Draft Resolution EXC-2014-04 June 9, 2014 representative) and the archaeologist and/or paleontologist would meet to determine the appropriate avoidance measures. All significant cultural materials recovered shall be subject to scientific analysis, professional museum duration, and a report prepared by the qualified archaeologist according to current professional standards. 19.NOISEMITIGATION MEASURES MM NOI-1:The followingconstruction noisemitigation measures shall be taken in order to reduce noise event impacts to nearby receptor areas: Construction activities shall be limited to the hours of 7:00 am to 8:00 pm on weekdays and 9:00 am to 6:00 pm on weekends. Construction activities are prohibited on holidays. All construction equipment shall use noise-reduction features that are no less effective than those originally installed by the manufacturer. If no noise-reduction features were originally installed, then the contractor shall require that at least a muffler be installed on the equipment. No individual device will produce a noise level more than 87 dBA at a distance of twenty-five feet or the noise level on any nearby property does not exceed 80 dBA. 20.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: 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 i.Emergency/complaint and construction site manager contacts 21.CONSTRUCTION HOURS The applicant shall comply with the construction hours standards described in section 10.48 of the Cupertino Municipal Code. 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. 22.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. Draft Resolution EXC-2014-04 June 9, 2014 23.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. 24.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. 25.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1.RETAINING WALL Developer will be responsible for designing and installing a concrete retaining wall on the downhill (east) side of Cordova Road along the property frontage, in accordance with City Standards and as approved by the City Engineer. The retaining wall will need to provide adequate support for the roadway to handle the increased traffic caused by the development and to address emergency vehicle (fire truck) loading requirements. The Developer shall provide tothe City samples or depictions of the wall façade for approval, prior to installation of the wall. 2.ASPHALT PAVEMENT ALONG PUBLIC STREET Developer will be required to repair any damage to the asphalt pavement in the public right of way caused by project’sconstruction activities, as required by and to the satisfaction of the City Engineer. 3.TREE PROTECTION AND PRESERVATION Developer will be responsible for protecting and preserving the existing Torrey Pine tree (Pinus Torreyana) located adjacent to CordovaRoad on the southerly end of the property frontage. Tree protection facilities shall be installed in accordance with City Standard Details and will be required to be inspected and approved by a certified arborist. Draft Resolution EXC-2014-04 June 9, 2014 4.STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 5.CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 6.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. 7.STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 8.GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 9.DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre-and post- development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. The storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the 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. 10.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 shallsubmit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 11.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 Draft Resolution EXC-2014-04 June 9, 2014 drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees:$ Per current fee schedule ($2,707 or 5%) b. Grading Permit: $ Per current fee schedule ($2,542.00 or 6%) c. Development Maintenance Deposit:$ 1,000.00 d. Storm Drainage Fee:$ TBD e. Power Cost:** f. Map Checking Fees:$ Per current fee schedule ($8,213.00) g. Park Fees:$ Per current fee schedule ($9,000 per unit) h. Street Tree $338 per tree to be installed by City **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. 12.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. 13.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. 14.BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. Draft Resolution EXC-2014-04 June 9, 2014 15.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 preparationof a Storm Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 16.C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area for the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 17.EROSION CONTROL PLAN Developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 18.WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 19.TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 20.TRASH ENCLOSURE The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 21.REFUSE TRUCK ACCESS Developer must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 22.STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. Draft Resolution EXC-2014-04 June 9, 2014 23.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 24.FIRE SAFETY DURING CONSTRUCTION Developer shall at all times during construction have adequate access to water facilities (temporary metered access to a fire hydrant, an onsite water tank, water truck, etc.) to aid in immediate fire suppression. 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 ofway, 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.SAN JOSE WATER COMPANY CLEARANCE Provide San Jose Water 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 to the City all water mains andappurtenances installed to City Standards. The developer shall reach an agreement with San Jose Water 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 buildingpermits. 31.UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1.FIRE SPRINKLERS REQUIREDIN RESIDENCES AND DETACHED WORKSPACES Wildland-Urban Interface: This project is located within the designated Wildland-Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code Draft Resolution EXC-2014-04 June 9, 2014 (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related Landscape plan requirements. 2.FIRE SPRINKLERSREQUIREDIN RESIDENCES AND DETACHED WORKSPACES An automatic sprinkler system shall be installed in one-and two-family dwellings(including detached workspaces)as follows: In all new one-and two-family dwellings and in existing one-and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. Sections903.2as adopted in Section 16-40-210of 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 contaminationof 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 documentedby that purveyor as having been met by the applicant(s). 2010CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 4.CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 33and County Fire Standard Detail and Specification SI-7.Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 5.PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505. SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1.FEES AND PERMITS Cupertino Sanitary District Fees and Permits shall be required for the subject improvements. Draft Resolution EXC-2014-04 June 9, 2014 2.BACKFLOW DEVICE An approved backflow device (IAPMO or UPC approved) is required since the lowest finished floor with plumbing is less than (1’) foot above the rim of the nearest upstream manhole (O.C. 4105). The backflow device will be inspected to verify existence and serviceability by a District Inspector at the time of video inspection. District to provide Building Department with written notification upon completion of inspection (O.C. 5104). 3.PROPERTY LINE CLEANOUT Install new property line cleanout. Property line cleanout must be within 5 feet of the property line. Cleanout shall be the same diameter as the street portionof the service lateral. Gravity lateral is 4” diameter minimum (O.C. 4101). 4.CONNECTION PERMIT A Cupertino Sanitary District Connection Permit is required for the proposed improvements (O.C. 8100) 5.LATERAL PERMIT A Cupertino Sanitary District Lateral Permit is required for the proposed improvements (O.C. 8300). Lateral Permit will only be issued to Licensed Underground Contractor registered to work in the Cupertino Sanitary District. Instructions for Contractor’s registration can be found on the District’s website under “Contractors.” (O.C. 5100). 6.SEWAGE PUMP A sewage pump is required unless a CivilEngineercertifiesthat the sewagecan adequately gravity drain from plumbing fixtures to public sewers. The sewage pump shall not be located within the crawlspace or basement. Relocate pump outside of structure or within light well or stairwell. The pump will be inspected by the City of Cupertino and verified by a District Inspector. 7.SANITARY SEWER MANHOLE Show the upstream sanitary sewer manhole with existing rim and invert elevation, main and lateral on plans. The streetportion of existing sanitary sewer lateralis to be extended by permit from the District to the new property line. 8.CLOSED-CIRCUIT VIDEO Closed-circuit video of the new property line cleanout, point of connection and Districtlateral is required prior to clearance for City of Cupertino Final Inspection. Owner to call District at least 48 hours prior to video inspection to schedule a District Inspector. District to provide Building Department with written notification upon completion of inspection (O.C. 5104). Draft Resolution EXC-2014-04 June 9, 2014 PASSED AND ADOPTED this 9thday ofJune,2014,Regular Meeting of the Planning Commission of the Cityof Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy,Chair Assist. Director of Community Development Planning Commission G:\Planning\PDREPORT\RES\2014\EXC-2014-04res.doc TR-2014-09 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINORECOMMENDING APPROVAL OFA TREE REMOVALPERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF THREECOAST LIVE OAKTREESLOCATED AT 10645CORDOVA RD(LOT A) SECTION I: PROJECT DESCRIPTION Application No.:TR-2014-09 Applicant:Terry Brown (Osann, K. O’Grady and B. O’Grady lots) Location:Lot A,10645 Cordova Road APN# 342-22-101 SECTION II: FINDINGSFOR TREE REMOVALPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree RemovalPermitas 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 Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: a)That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; The City’s consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new buildings and site improvements, and are not suitable for preservation or relocation. b)That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). The City’s consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new buildings and site improvements, andare not suitable for preservation or relocation. Draft Resolution TR-2014-09 June 9, 2014 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe 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 2thereof,: AMitigated Negative Declaration (Application no. EA-2014-02) is hereby recommended for adoption; andthe application for a Tree RemovalPermit, Application no. TR-2014-09is herebyrecommended for approvalandthat the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. TR-2014-09as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as thoughfully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received January 29, 2014 consisting of7sheets, labled 1, L1.0, L2.0, L2.1, L3.0, L3.1and L4.0entitled, “3 Custom Residences, 10645 Cordova Rd., Cupertino, CA 95014,” drawn by SSS Designs LLC; except as may be amended by conditions in this resolution. 2.CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. EXC-2014-02shall be applicable to this approval. 3.FINAL PLANTING PLAN The applicant shall plant replacement trees in accordance with the replacement requirements of the Protected Tree Ordinance. The treesshall be plantedprior to final occupancy of site permits. The final planting plan shall be reviewed and approved by the Director of Community Developmentprior to issuance of building permits.The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 4.TREE REPLACEMNETS The applicant is required to plant three(3) 24” box replacement tree in accordance with the Protected Tree Ordinance. All replacement trees shall be native species. 3.TREE PROTECTION The existing trees to remain shall be protected during construction per the City’s Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City’s standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain prior to issuance of building permits.A report ascertaining the good health of these trees shall be provided prior to issuance offinal occupancy. 5.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 Draft Resolution TR-2014-09 June 9, 2014 submitted data may invalidate an approval by the Community Development Department. 6.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. 7.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. PASSED AND ADOPTED this 9thday ofJune,2014,Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy,Chair Assist. Director of Community Development Planning Commission G:\Planning\PDREPORT\RES\2014\TR-2014-09res.doc TR-2014-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINORECOMMENDING APPROVAL OFA TREE REMOVALPERMIT TO ALLOW THE REMOVAL AND REPLACEMENT OF FIVECOAST LIVE OAKTREESLOCATED AT 10645CORDOVA RD(LOT B) SECTION I: PROJECT DESCRIPTION Application No.:TR-2014-10 Applicant:Terry Brown (Osann, K. O’Grady and B. O’Grady lots) Location:Lot B, 10645 Cordova Road APN# 342-22-101 SECTION II: FINDINGSFOR TREE REMOVALPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tree RemovalPermitas 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 Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: a)That the trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; The City’s consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new buildings and site improvements, and are not suitable for preservation or relocation. b)That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). The City’s consulting arborist has determined that the trees proposed for removal are all in conflict with the proposed new buildings and site improvements, andare not suitable for preservation or relocation. Draft Resolution TR-2014-10 June 9, 2014 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe 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 2thereof,: A Mitigated Negative Declaration (Application no. EA-2014-03) is hereby recommended for adoption; andthe application for a Tree RemovalPermit, Application no. TR-2014-10is herebyrecommended for approvalandthat the subconclusions upon which the findingsand conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. TR-2014-10as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received January 29, 2014 consisting of7sheets, labled 1, L1.0, L2.0, L2.1, L3.0, L3.1 and L4.0entitled, “3 Custom Residences, 10645 Cordova Rd., Cupertino, CA 95014,” drawn by SSS Designs LLC; except as may be amended by conditions in this resolution. 2.CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. EXC-2014-03shall be applicable to this approval. 3.FINAL PLANTING PLAN The applicant shall plant replacement trees in accordance with the replacement requirements of the Protected Tree Ordinance. The treesshall be planted prior to final occupancy of site permits. The final planting plan shall be reviewed and approved by the Director of Community Developmentprior to issuance of building permits.The Director of Community Development shall have the discretion to require additional tree replacements as deemed necessary. An ISA Certified Arborist shall confirm that the replacement trees were planted properly and according to plan prior to final occupancy. 4.TREE REPLACEMNETS The applicant is required to plant six(6) 24” box replacement tree in accordance with the Protected Tree Ordinance. All replacement trees shall be native species. 3.TREE PROTECTION The existing trees to remain shall be protected during construction per the City’s Protected Tree Ordinance (Chapter 14.18 of the municipal code). The City’s standard tree protection measures shall be listed on the plans, and protective fencing shall be installed around the trees to remain prior to issuance of building permits.A report ascertaining the good health of these trees shall be provided prior to issuance of final occupancy. 5.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 Draft Resolution TR-2014-10 June 9, 2014 submitted data may invalidate an approval by the Community Development Department. 6.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. 7.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 ofa 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. PASSED ANDADOPTED this 9thday ofJune,2014,Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy,Chair Assist. Director of Community Development Planning Commission G:\Planning\PDREPORT\RES\2014\TR-2014-10res.doc PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:June 9, 2014 Applications:U-2014-01, ASA-2014-05 Applicant:Janice Yeh(Little Tree Bilingual Montessori) Location:20111 Stevens Creek Boulevard(APN316-23-026) APPLICATION SUMMARY: 1.Conditional Use Permit (U-2014-01)to convert approximately 7,500square of office space at an existing two-story office building into a day care use. 2.Architecturaland Site Approval (ASA-2014-05) to allow a play area, landscape enhancements, and associated site improvements for a new day care use at an existing office building. RECOMMENDATION: Staff recommends that the Planning Commissionapprove the following: 1.Conditional Use Permit (U-2014-01); and 2.Architectural and Site Approval (ASA-2014-05) in accordance with the draft resolutions. PROJECT DATA: General Plan Designation Commercial/Office/Residential Zoning Designation Heart of the City Lot Size 78, 400 sq. ft. (1.79 acres) Building Area 26,083 sq,ft. Proposed Number of Children and Staff 125 Children and 12 Staff Proposed Hours of Operation 7:30am to 6:30pm, Monday through Friday Project Feature Required Proposal Consistent with City Ordinance? Parking Office 60 61 Yes Medical 9 9 Yes Day Care 20 20 Yes Total 89 90 Yes COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014 BACKGROUND: Application Request The applicant, Janice Yeh, representing Little Tree Bilingual Montessoriis requesting a Conditional Use Permit and an Architectural and Site Approval to convert approximately 7,500 square feet of office space for classrooms and approximately 6,750 square feet of existing parking lot into a play area for a day care centerproposedat an existing two-story office building.Since 2009, Little Tree Bilingual Montessori has been located across the street at 20100 Stevens Creek Boulevardand now they are requesting approval from the City so they can relocate their operation to the newly proposed location. Existing Siteand Surroundings The project site is located along the north side of Stevens Creek Boulevard within the Heart of the City Specific Plan Area(HOC) between Randy Lane and Blaney Avenue. The site and building weredesigned and developed as a two-story office building in 1981. To the north of the project site are detached single- family residential uses; to the south and across Stevens Creek Boulevardare mixed office-residential- commercialuses; to the west arecommercial and single family residential uses; and to the east are office uses.See the siteaerial below: Site Aerial DISCUSSION: Daycare UseLimitation InCommercial Districts According to the HOCSpecific Plan, non-retail uses such as professional offices, daycaresor nurseries are permitted with a Conditional Use Permitand arephysicallylimited to occupying no more than 25% U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014 of the total building frontage along Stevens Creek Boulevard and/or 50% of the rear of the building. This rule was established to ensure that non-commercial uses do not dominate a commercial site and to also help maintain the overall commercial core experience with in the HOC. The proposed daycare use is within the required physical envelopeprescribed by the HOC, although the existing building consists of 100% non-commercial professional office use that predatedthis limitation. The City has in the past approved similar requests for daycareuses to be established into an existing non-commercial oriented location or building within the HOC area. Operational Information Little Tree Montessoriprovides thefollowing information about their operations (Attachment 2): No. of students:125(ages 2-6years old) Child care staff:12 Office hours:7:30am to 6:30pm, Monday through Friday Outdoor play schedule:8 play times scheduled with 2groups of 24-32 children out atup to30 minutes at a timethroughout the day Program Number of Students Hours/days of operation Half Day Preschool 24 9:15a –12:15p, M-F Full Day Preschool (Early Bird)24 8:00a -5:30p, M-F Full Day Preschool 33 9:00a –6:00p, M-F Full Day Toddler 12 9:30a –6:15p, M-F Kindergarten 24 8:45a –3:00p, M-F Enrichment Classes 8 Varies (One hour classes), M-F Traffic and ParkingConsiderations The existing parking for the site is 122spaces. The proposed 6,750 square foot playgroundlocated along the western edge of the buildingwill replace 27 spaces. An additionalfivespaces will also be eliminated to facilitate the new driveway/parking lot connection to the adjacent property to the west. Accordingto the City’s Parking Ordinance, the daycare center is required to providetwenty (20) parking spaces (1 space per 6.5 children) based on the proposed number of children at the facility. When combined with the remaining office uses, the total number of parking required for the site is eight-nine (89) spaces. The trip generation and parking study completed by Hexagon Transportation Consultants(Attachment 4) concluded that the 90 spaces remaining would provide an adequate amount of parking to serve the existing tenantsin addition to the proposed daycare parking demand during the anticipated pick-up and drop-off schedule provided by the applicant. The applicant proposes to improve the rear parking lot and allnew onsite spaceswillmeet City and ADA requirements. The applicant will be required to provide a Class I bicycle parking facilityin accordance with the City’s Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. Noise Considerations A noise study was completed by the City’s Noise Consultant, Environmental Consulting Services (Attachment 5). Based on the study, the proposed day care activitieswouldcreate intermittent outdoor noise levels from 50 to 65 dBA at a distance of 35-50 feetfrom voices and children activities.The study concludes that the giventhe limited schedule of theoutdoor activities and the distance between the daycare to the adjacent residential, office and commercial uses,the project is not anticipated to generate significant noise impacts. Potentialnoise impacts from indoors are anticipated tobe negligible due to the U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014 noise attenuation by the walls and windows of the building.A condition of approval requires the property owner to implement noise attenuation measures if there are documented ordinance violations in the future. Pick-UpandDrop-Off Drop-off times are scheduled from 8-9:30am and pick-up times are scheduled from 12:15-6:30pm. Curbside drop-off andpick-up will not be allowed as parents are required to park their vehicles and walk in with their child to sign in and sign out each day. Given the limited parking area onsite, the applicant is designating five parking spaces on the west of the building as the designated pick-up and drop-off area. There will be no drop-off or pick-up on Stevens Creek Boulevard. Site Improvements As part of this application, the applicant is proposing to install the following site improvementsto be consistent with the City’s Parking Ordinance: Enhanced landscapingalong the north property line that includes the planting offour strawberry trees. To match the existing parking lot trees, four Tristania treeswill be placed within the parking lot at rate of one every five parking spaces. In order to improve pedestrian circulation and enhance safety, Public Works has requested that the applicant re-construct the parcel’smain driveway with a standard driveway approach. This will require the removal of the landscaped median and reduce existing driveway aprons. The applicant will also be required toremove and repair broken and/or uplifted curbs and gutters, sidewalks and related structures per Citystandards. Trash Enclosure Applicant is providing a new trash enclosure, located along the west property line in therear parking area. The final trash enclosure design will be reviewed by the Community Development Directorand Public Worksprior to building permit issuance. Outdoor PlayArea State law requires that child carecenters provide outdoor play areas for children. The applicant intends to meet the State requirement by providing approximately 6,750square feet of play area to the westof the child care facility, replacing 27 parking spaces. The locationwould enable the children to use the play area without having to cross the driveway or parking lot.The play area would beapproximately 230 feet from the single family residential buildingsto the north, and adjacent to the retailbuilding to thewest. The proposed rear play area will be divided into a 1,350 square foot toddler area and a 5,400 square foot playground. The total play area will consist of: Soft rubber play ground surface around the play structure. Asphalt will beused in the remaining area. Tables, chairs, two sand boxes, and benches 6-foothigh wrought iron fence on the north, west, and south sides. Access will be provided on the north and south sides. A single play structure with a fall height of 4 feet andthe top height being 7 feet. U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014 Along the west side of the play area, shrubs will be planted (pittosporum tobira variegata -“Japanese Mock Orange”) to mask the masonry wall of the neighboring retail building. Larger shrubs (pittosporum tenuifolium (black matipo), Euonymus japonicus (Japanese spindle), and Loropetalum Razzleberri) will be planted along the southern edge of play area facing Stevens Creek Boulevardalong with various types of ground cover. These shrubs will be required to be maintained at a level not to exceed the height of the play area fencing.One ornamental pear tree will also be planted on the Stevens Creek Boulevard frontage. The screening of the playground and fence is an effort to minimize the visibilityfrom the public in the interest ofmaintaining the commercial frontage lookalong the thoroughfare. Reciprocal Driveway Access & Improvements Currently the project site has recorded reciprocal accesseasements benefiting theadjoining propertiesto the east and west (recorded as a condition of approval forthe previous use permit for the site-U-1980- 32).However, the connection with the neighboring property to the west (at 20149 Stevens Creek Boulevard,APN: 316-23-027)was never realizedpending future redevelopment of the neighboring property. The applicant will be required to construct a driveway that stubs to the west property lineto facilitate the future connection, when warranted. Any future extension and associated physical improvements of the other side of the driveway throughthe adjacent property would be predicated upon the City requiring the adjacent property owner to the west to reciprocate the driveway connection through a development review process. The siteplan shows the parking stall realignment, landscaping adjustments, and other site modifications as a result oftheproposed driveway improvements, including but not limited to the deletion of five parking stalls. ENVIRONMENTAL ASSESSMENT The use permitand architectural and site approvalare categorically exemptfrom the California Environmental Quality Act (CEQA) perthe following Sections: Section15303(Conversion of Small Structures) of the CEQA Guidelinesbecause it relates to the conversion of an existing small structure (not exceeding 2,500 square feet) from one use to another where only minor modifications are made to exterior of the structure. Section 15332 (In-fill Development Projects) of the CEQA Guidelines because it is consistent with both general plan policies and zoning designations; is within the city limits and is surrounded by urban uses; is not recognized as a habitat for endangered or rare species; would not have a significant impact on traffic, noise, air quality, or water quality; and can be adequately served by all required utilities and public services. PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 –65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project received: May 5, 2014 Deemedcomplete:May 19, 2014 U-2014-01, ASA-2014-05 Little Tree Bilingual Montessori June 9, 2014 Since this project is Categorically Exempt, the City has 60 days (until July 6, 2014) to make a decision on the project. The Planning Commission’s decision on this project is final unless appealed within 14 calendar days of the decision. PUBLIC NOTICING & OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (14 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) 64 notices mailed to property owners within 300 feet ofthe project site (10 days prior to the hearing) Posted on the City's official notice bulletin board (one week prior to the hearing) Posted on the City of Cupertino’s Web site (one week prior to the hearing) CONCLUSION The noise and traffic studies have indicated that the addition of day care center the current location will not significantly impact the surrounding land uses. The site improvements as proposedby the applicant are a considerable improvement to the existing conditions of the parking area and are compatible with other similar office developments along Stevens Creek Boulevard. The existing building was designed and developed to facilitate non-commercial uses and cannot support retail uses. Staff recommends approval of therequestsince it is not anticipated to have significant impacts to the neighborhood. Additionally, all of the findings for approval of the proposed project, consistent with Chapters19.156, 19.168,and19.60 of the Cupertino Municipal Code, canbe made. Please refer to the draft resolution (Attachment 1)for the detailed explanationon how the project meets the each specific findings. Prepared by: Gian Paolo Martire,AssistantPlanner Reviewed by:Approved by: /s/Gary Chao /s/Aarti Shrivastava Gary Chao Aarti Shrivastava Community DevelopmentAssistant Director Community Development Director ATTACHMENTS: 1-DraftResolution–Use Permit 2-Draft Resolution –Architectural Site Approval 3–Little Tree Montessori Business Plan 4 -Trip Generation and Parking Study 5 –Noise Impact and Mitigation Study 6-Plan set U-2014-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMITTO CONVERT APPROXIMATELY 7,500 SQUARE OF OFFICE SPACE AT AN EXISTING TWO-STORY OFFICE BUILDING INTO A DAY CARE USE LOCATED AT 20111STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.:U-2014-01 Applicant:Janice Yeh (Little Tree Bilingual Montessori) Property Owner:Trans-Continental Real Estate Investment Corporation Location:20111 Stevens Creek Boulevard (APN 316-23-026) SECTION II: FINDINGSFOR USE/PLANNED DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit as described in Section I.of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: a)The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project is consistent with all aspects of the City’s Ordinance. The siteis sufficiently parked. A traffic and noise analysis have been prepared confirming that the project will not have any significant traffic and noise impacts to the surrounding area. b)The proposed use 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, and the purpose of this title and complies with the California Environmental Quality Act (CEQA). The proposed project is consistent with the provisions setforth in the Heart of the City Specific Plan. Draft Resolution U-2014-01 June 9, 2014 Page -2 - NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of themaps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: The application for a UsePermit, Application no. U-2014-01is hereby approved,andthat the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no.U-2014-01as set forth in the Minutes of Planning Commission Meeting ofJune 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.DEVELOPMENT APPROVAL Approval is granted for a child care facility with acapacityof 125 students. The actual capacity of children at the facility maybefurtherrestricted based on Fire Department, Building Department, CA Department of Social Services, CA Department of Education or other relevant agencies requirements.Appropriate licensing/registration from the Community Care Licensing Department and/or other relevant County/State agencies shall be obtained prior to commencement of the operation. Any future modifification or intensification to the project shall require additional City review and a new Use Permit application. 2.APPROVED EXHIBITS This approval is based on Exhibits titled “Little Tree Bilingual Montessori” prepared by the applicant consisting of sevenpages and “Little Tree MontessoriNew Cupertino Campus, 20111 Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA95014” prepared by Adaptive Architecture dated May 30, 2014consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, and the business plan labeled “Little Tree Montessori” consisting of seven pages except as may be amended by the Conditions contained in this Resolution. Planning Staff has the ability to approve minor modifications to the business plan as long as the changes are consistent with any applicable Building and/or Fire Codes (including but not limited to accessibility, fire safety, and building occupancyand other appropriate agencies). 3.USE PERMIT The applicant submits this Conditional Use Permit Approvalonly on behalf of Little Tree Bilingual Montessori business and agrees that it shall expire upon the termination of said business, or the term of this Conditional Use Permit, which ever comes first. 4.EXPIRY DATE If the use for which this Conditional Use Permit is granted but is not commenced or is utilized but ceases or is suspended for one year or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 5.NOISE CONTROL The outdoor play area schedule shall be limited as indicated in the Business Plan. The noise levels shallnot exceed those as listed in Chapter 10.48 of the CupertinoMunicipal Code, unless approved Draft Resolution U-2014-01 June 9, 2014 Page -3 - by special exception by the Noise Control Officer. Theapplicant may have to conduct future tests to verify they are complying with the ordinance atthe request of the Community Development Director. The Planning Commission may limitthe number of children allowed in the outside play yard in the event that the noise levels at the site violate City standard noise levels. 6.ACCESSEASEMENTS The property owner shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, providing for vehicular easements to adjoining parcel at 10080 Randy Lane (APN: 316-23-017) to be implemented at such time that the Citycan require the same of adjacent property owner. The easement shall berecorded prior to final occupancy of site permits. In addition, the property owner shall participate in the existing reciprocal ingress/egress covenant with the adjoining property owner at 20149 Stevens Creek Boulevard(APN: 316-23-027) at such time in the future the City can require the same of said parcel. 7.RECIPRICOL ACCESSEASEMENT In addition to maintaining the current recorded recipricol access easements on the property, the property owner shall record an appropriate deed restriction and covenant running with theland, subject to approval of the City Attorney, allowing recipricol access along the northern portion ofthe property for 10080 Randy Lane (APN: 316-23-017) to be implemented at such time that the Citycan require the same of adjacent property owner. The easement shall berecorded prior to final occupancy of site permits. 8.CHILDREN PICK-UP AND DROP-OFF PLAN In order to ensure the safety of children and vehicle movements during the pick-up and drop-off periods, the applicant shall submit a children pick-up and drop-off plan to the City for review and approval prior to the release of final occupancy. Such plan shall delineate general pedestrian/vehicular safety guidelines for parents, appropriate directional signs/parking lot striping (as needed) and parking lot safety measures to include a traffic safety conductor be present in the parking lot to monitor and direct all vehicular activities during the following hours of operation: 8:00 a.m. to 9:30 a.m. 12:00 p.m. to 12:30 p.m. 5:00 p.m. to closing In the event that the pick-up and drop-off schedule changes, the applicant must submit a revised plan to the City for approval. 9.RECYCLING OF DEMOLISHED BUILDING MATERIALS Demolished building materials shall be recycled to the maximum extent possible. 10.UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Planning Division. Draft Resolution U-2014-01 June 9, 2014 Page -4 - 11.SIGNS Signage is not approved with this use permit application. Signage shall conform to the City Sign Code and requires a separate sign permit. 12.REVOCATION OF USE PERMIT The Director may initiate proceedings for revocation of the Use Permit in any case where, in the judgment of the Director, substantial evidence indicates that the conditions of the conditional use permit hasnot been implemented, or where the permit is being conducted in a manner detrimental to the public health, safety, and welfare, in accord with the requirements of Chapter 19.124. 13.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1.STREET IMPROVEMENTS In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct the project’s main driveway with a standard driveway approach. This work will require removal of landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified by the City Engineer. 2.DRAINAGE Demonstrate the proposed playground area will not block existing and future stormwater runoff. Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City Engineer. 3.ENCROACHMENT PERMIT The project developer shall obtain an encroachment permit 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, fees for under grounding of utilities, and provide necessary bond for the proposed street improvements. -The fees 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. Draft Resolution U-2014-01 June 9, 2014 Page -5 - 4.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). 5.TRASH ENCLOSURES Atrash 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. 6.REFUSE TRUCK ACCESS Developer shall obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 7.BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity thatdisturbs soil. BMP plans shall be included in grading and street improvement plans. 8.EROSION CONTROL PLAN Developer shall provide an approved erosion control plan by a Registered Civil Engineer. This plan shall include all erosion control measures used to retain materials on site. Erosion control notes shall be stated on the plans. 9.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. 10.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. 11.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 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). Draft Resolution U-2014-01 June 9, 2014 Page -6 - 12.FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 13.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. 14.SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. PASSED AND ADOPTED this 9thday ofJune, 2014,Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy, Chair Assistant Director of Community Development Cupertino Planning Commission G:\Planning\PDREPORT\RES\2014\U-2014-01 res.doc ASA-2014-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING ANARCHITECTURAL AND SITE APPROVALPERMITTO ALLOW AN OUTDOORPLAY AREA, LANDSCAPE ENHANCEMENTS,AND ASSOCIATED SITE IMPROVEMENTS FOR A NEW DAY CARE USE AT AN EXISTING OFFICE BUILDINGLOCATED AT 20111 STEVENS CREEK BOULEVARD SECTION I: PROJECT DESCRIPTION Application No.:ASA-2014-05 Applicant:Janice Yeh (Little Tree Bilingual Montessori) Property Owner:Trans-Continental Real Estate Investment Corporation Location:20111 Stevens Creek Boulevard (APN 316-23-026) SECTION II: FINDINGSFOR ARCHITECTURAL AND SITE APPROVAL: WHEREAS, the Planning Commission of the City of Cupertino received an application for an Architectural and Site Approval as described in Section I. of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1.The proposal, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The project has satisfied all aspects of the City’s Ordinance. The project is sufficiently parked. A traffic and noise analysis has been prepared confirming that the project will not cause significant impacts to the surrounding area. 2.The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, conditional use permits, exceptions, subdivision maps or other entitlements to use which regulate the subject property including, but not limited to, adherence to the following specific criteria: a)Only minor changes have been proposed to the existing building that do not affect the overall architectural quality of the building. The project is not proposing to significant alter the exterior of the existing two-story office building. Only the necessary site and building modifications/improvements associated with the daycare operation are proposed. Draft Resolution ASA-2014-05 June 9, 2014 Page -2 - b)Design harmony between new and existing buildings have been preserved and the materials, and withthe future character of the neighborhood and purposes of the zone in which it is situated. The location, height and materials of the proposed site improvements, landscaping features, and play area fencing harmonize with adjacent developments and are designed to complement the existing surrounding professional and commercial uses. 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 2thereof,: The application for an Architectural and Site Approval, Application no. ASA-2014-05is hereby approved, andthat the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no.ASA-2014-05as set forth in the Minutes of Planning Commission Meeting of June 9, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED EXHIBITS This approval is based on Exhibits titled “Little Tree Bilingual Montessori” prepared by the applicant consisting of sevenpages and “Little Tree Montessori New Cupertino Campus, 20111 Stevens Creek Boulevard, Suites 130 & 150, Cupertino, CA95014” prepared by Adaptive Architecture dated May 30, 2014consisting of pages A1.1, A1.1E, A1.2, A2.1, AB-1, and L1, except as may be amended by the Conditions contained in this Resolution. Planning Staff has the ability to approve minor modifications to the business plan as long as the changes are consistent with any applicable Building and/or Fire Codes (including but not limited to accessibility, fire safety, and building occupancy and other appropriate agencies). 2.PARKING LOT RESTORATION In the event, Little Tree Bilingual Montessori business terminates, the applicant and/or property owner shall be required to removal all outdoor apperatuses associated with the daycare operation, including but not limited to, play structures, fencing, canopies, and/or other pertinent improvements. The applicant shall be responsible to restore the parking lot to comply with the City’s Parking Ordinance. 3.UTILITY STRUCTURES All new utility structures will be required to be located underground or screened from public view. 4.BICYCLE PARKING The applicant shall provide a Class I bicycle parking facility for the proposed project in accordance with the City’s Parking Regulations under Chapter 19.100 of the Cupertino Municipal Code. Draft Resolution ASA-2014-05 June 9, 2014 Page -3 - 5.LANDSCAPE SCREENING The landscape screeningsolutionalong Stevens Creek Boulevard shall be reviewed and approved by the Director of Community Development. Consideration shall be given tothe appropriate planting specie, number, height and location in order to ensure that the landscaping features are consistentand compatiblewith the business and office environment along Stevens Creek Boulevard frontage. 6.LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape installation report shall include the followingstatement: “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.” 7.LANDSCAPE AND IRRIGATION MAINTENANCE Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be established and submitted to the Director of Community Development or his/her designee, either with the landscape application package, or with the landscape installation report. 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.Maintenance shall also include pruning of the screen shrubs along Stevens Creek Boulevard so as not to exceed the height of the wrought iron fence in accordance with Condition 5 of this Resolution. 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. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1.STREET IMPROVEMENTS In order to improve pedestrian circulation and enhance safety, applicant is required to re-construct the project’s main driveway with a standard driveway approach. This work will require removal of landscaped median and reduce existing driveway aprons or flares. Also, remove and repair broken Draft Resolution ASA-2014-05 June 9, 2014 Page -4 - and/or uplifted curbs and gutters, sidewalks and related structures per City standards as specified by the City Engineer. 2.DRAINAGE Demonstrate the proposed playground area will not block existing and future stormwater runoff. Additional storm inlet may be required. Drainage shall be provided to the satisfaction of the City Engineer. 3.ENCROACHMENT PERMIT The project developer shall obtain an encroachment permit 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, fees for under grounding of utilities, and provide necessary bond for the proposed street improvements. -The fees 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. 4.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). 5.TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of theEnvironmental Programs Manager. Clearance by the Public Works Department is needed prior to obtaining a building permit. 6.REFUSE TRUCK ACCESS Developer shall must obtain clearance from the Environmental Programs Manager in regards to refuse truck access for the proposed development. 7.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. 8.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. Draft Resolution ASA-2014-05 June 9, 2014 Page -5 - 9.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. 10.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. 11.FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 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). 12.FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 13.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. 14.SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. PASSED AND ADOPTED this 9thday ofJune, 2014, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the followingroll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Gary Chao Paul Brophy, Chair Assistant Director of Community Development Cupertino Planning Commission TO: Mr. Gian Paolo Martire, City of Cupertino FROM: Brian Jackson DATE: May 13, 2014 SUBJECT: Trip Generation and Parking Study for a Proposed Daycare Center at 20111 Stevens Creek Boulevard Hexagon Transportation Consultants, Inc. has completed a trip generation and parking study for the relocation and expansion of an existing daycare center in Cupertino, California. The daycare center is currently operating at 20100 Stevens Creek Boulevard, directly across the street from the proposed new site at 20111 Stevens Creek Boulevard. The daycare center plans to move its operation across the street and expand the size from 105 students to 125 students and 12 staff. The 125-student daycare center would occupy two vacant suites (Suites 130 and 150) within an existing 26,000 square-foot (s.f.) two-story office building. All of the remaining suites within the building would remain occupied. The project would replace 27 parking spaces on the west side of the building with a 9,000 s.f. playground. Five additional parking spaces also would be eliminated due to the reciprocal ingress/egress easement with the adjacent property on the west that would be constructed as part of the project. Figure 1 shows the proposed site plan. Project Site Trip Generation Currently, a site agreement exists for the property that stipulates the overall trip generation of the site is limited to 16 one-way trips per acre during the peak traffic hours. Based on the size of the project site, this equates to 28 one-way trips that are permitted. Hexagon counted the trip generation of the existing building located at 20111 Stevens Creek Boulevard during the AM peak period (7:00 AM – 9:00 AM) and PM peak period (4:00 PM – 6:00 PM) of traffic on April 24, 2014. Based on the trip generation count data and recent counts of Stevens Creek Boulevard, the AM peak hour of traffic occurs from 8:00 AM to 9:00 AM, and the PM peak hour of traffic is from 5:00 PM to 6:00 PM. According to the count data collected, the office building currently is generating 18 inbound trips and zero outbound trips during the AM peak hour, and 16 inbound trips and 38 outbound trips during the PM peak hour. Thus, the existing building already is generating 10 more one-way trips (i.e., outbound trips) during the PM peak hour than are permitted under the existing site covenant. At the request of City of Cupertino staff, Hexagon estimated the number of AM and PM peak hour trips that would be added to the site as a result of the proposed daycare center. We estimated the daycare trip generation by applying the ITE Trip Generation manual, 9th Edition rates. The estimated trips were added to the existing trip generation to determine the total number of trips that would be generated by full occupancy of the building. Based on the standard ITE rates, the daycare center would be expected to generate 96 new vehicle trips at the site during the AM peak hour, consisting of 51 inbound trips and 45 outbound trips. During the PM peak hour, the daycare center would be expected to generate 92 new vehicle trips at the site, with 43 inbound trips and 49 outbound trips (see Table 1 below). As shown in the table, the proposed daycare center would generate more one-way trips (inbound and outbound) at the site during both the AM and PM peak hours than are allowed under the existing site agreement. Student Loading and Unloading Activities It is assumed that parents will park their vehicle and walk their child into the daycare facility, since daycares typically require a signature from parents when dropping off and picking up a child. Thus, a dedicated student drop-off area within the parking lot would not be necessary for the project. MEMORANDUM Mr. Gian Paolo Martire May 13, 2014 Page 3 of 5 Table 1 Project Trip Generation Estimates AM Peak HourPM Peak Hour Pk-HrPk-Hr Land UseRateInOutTotalRateInOutTotal Daycare Center 1 125Students0.775145960.73434992 Existing Site Trips 2 18018163854 Total Site Trips with Daycare Center:69451145987146 Notes: 1 Source: "Day Care Center" (Land Use 565) ITE Trip Generation, 9th Edition (fitted curve equations applied). 2 Existing AM and PM peak hour trips based on trip generation counts conducted April 24, 2014. Size Parking With the construction of the playground for the daycare center, the site would provide a total of 90 parking spaces. According to the counts that were conducted on the site, the number of vehicles (i.e., existing office employees) that were parked on the site at 5:15 PM was 75 vehicles. It is during this time that the majority of parents of preschoolers would start arriving to pick up their children from the proposed daycare center. It is estimated that up to 24 parents would arrive between 5:15 PM and 5:45 PM. Based on the count data, 24 vehicles leave the site between 5:15 PM and 5:45 PM. By 6:00 PM, only 29 vehicles remain on the site. Based on the counts and the planned daycare center schedule, it is estimated that the site would provide an adequate amount of parking to serve the existing tenants plus the proposed daycare center parking demand during the peak drop-off and pick-up periods of the day (see Table 2). Table 2 Parking Conditions on the Project Site Time Total # of Parking Spaces with the Project Spaces Occupied by Existing Tenants (4/24/14 count) % of Spaces Occupied # of Spaces Available for Daycare Use # of Parents & Daycare Employees That Need a Space # of Open Spaces Remaining AM Peak Hour 7:00 AM9033%87087 7:15 AM9033%87087 7:30 AM9033%87384 7:45 AM9044%86383 8:00 AM9078%831370 8:15 AM901213%782454 8:30 AM901921%713041 8:45 AM903438%564610 9:00 AM905561%35323 PM Peak Hour 4:00 PM906673%24717 4:15 PM906673%24717 4:30 PM906876%22715 4:45 PM907583%1578 5:00 PM907988%1174 5:15 PM907583%15132 5:30 PM906673%24195 5:45 PM905157%392514 6:00 PM902932%612833 Parking Demand with the Project (Based on Proposed Daycare Program Schedule) Mr. Gian Paolo Martire May 13, 2014 Page 4 of 5 City of Cupertino Parking Code The City of Cupertino parking code requirement for multi-tenant office uses is 1 parking space per 285 square feet (s.f.) of leasable area. For daycare uses, the City requires that 1 parking space be provided for every 6.5 students. City staff provided Hexagon with parking demand estimates for the existing occupied office space and the proposed daycare center. Based on the City’s calculation, the current occupied office space and proposed daycare center together would require 89 parking spaces. Since the site plan shows 90 parking spaces, the project proposes an adequate amount of parking to serve the site based on the City of Cupertino’s parking analysis. Intersection Level of Service Analysis City staff requested that the signalized intersection of Blaney Avenue and Stevens Creek Boulevard be evaluated to determine the effect the project would have on the operations of the intersection. The intersection is subject to the City of Cupertino level of service standard. Level of Service is a qualitative description of operating conditions ranging from LOS A, or free-flow conditions with little or no delay, to LOS F, or jammed conditions with excessive delays. The City of Cupertino level of service methodology for signalized intersections is the 2000 Highway Capacity Manual (HCM) method. This method is applied using the TRAFFIX software. The 2000 HCM operations method evaluates signalized intersection operations on the basis of average control delay time for all vehicles at the intersection. The City of Cupertino level of service standard for signalized intersections is LOS D or better. The correlation between average control delay and level of service is shown in Table 3. Table 3 Signalized Intersection Level of Service Based on Average Delay Source: Transportation Research Board, 2000 Highway Capacity Manual (Washington, D.C., 2000) p10-16. This level of delay is considered unacceptable by most drivers. This condition often occurs with oversaturation, that is, when arrival flow rates exceed the capacity of the intersection. Poor progression and long cycle lengths may also be major contributing causes of such delay levels. greater than 80.0F The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable signal progression, long cycle lenghts, or high volume-to-capacity (V/C) ratios. Many vehicles stop and individual cycle failures are noticeable. 35.1 to 55.0D This is considered to be the limit of acceptable delay. These high delay values generally indicate poor signal progression, long cycle lengths, and high volume-to-capacity (V/C) ratios. Individual cycle failures occur frequently. 55.1 to 80.0E B Operations characterized by good signal progression and/or short cycle lengths. More vehicles stop than with LOS A, causing higher levels of average vehicle delay. 10.1 to 20.0 Higher delays may result from fair signal progression and/or longer cycle lengths. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant, though may still pass through the intersection without stopping. 20.1 to 35.0C Level of Service Description Average Control Delay Per Vehicle (sec.) Signal progression is extremely favorable. Most vehicles arrive during the green phase and do not stop at all. Short cycle lengths may also contribute to the very low vehicle delay. 10.0 or lessA Mr. Gian Paolo Martire May 13, 2014 Page 5 of 5 The intersection of Blaney Avenue and Stevens Creek Boulevard was evaluated for the following traffic scenarios: Scenario 1: Existing Conditions. Existing traffic volumes were obtained from recent traffic counts. Scenario 2: Existing Plus Project Conditions. Existing plus project traffic volumes were estimated by adding to existing traffic volumes the net new trips generated by the project. Scenario 3: Cumulative Conditions. The City of Cupertino provided Hexagon with an updated list of approved but not yet completed development for use in the cumulative analysis. Using the list and associated trip generation estimates provided, Hexagon determined the approved project trips that would travel through the study intersection. A growth factor of 1 % per year also was applied over a period of 5 years to account for additional traffic that could be generated by potential future development. Cumulative conditions were evaluated both without and with the project. The list of approved development is attached as Appendix A. Since the daycare center already exists (i.e., is already generating trips) and simply plans to relocate across the street and increase in size by 20 students, the project would generate only a small number of net new trips. However, in order to account for the potential re-occupancy of the current location with a similar use (i.e., daycare center), trip credits were not applied. Accordingly, the gross project trips generated by a 125-student daycare facility were assigned to the surrounding roadway network, specifically the study intersection of Blaney Avenue and Stevens Creek Boulevard. This conservative approach was taken at the request of City of Cupertino staff, and presents a worst-case traffic scenario. As shown below in Table 4, the study intersection would operate at an acceptable LOS D or better under all traffic scenarios that were evaluated. The level of service analysis shows that the proposed project would have very little effect on the overall operations of the study intersection. The detailed intersection level of service calculations are attached as Appendix B. Table 4 Intersection Levels of Service ExistingNo Project PeakAvg.Avg.Incr. InIncr. InAvg.Avg.Incr. InIncr. In Study IntersectionHourDelayLOSDelayLOSCrit. DelayCrit. V/CDelayLOSDelayLOSCrit. DelayCrit. V/C Blaney Av & Stevens Creek BlAM 29.8 C30.6C1.10.02030.0C31.0C1.30.020 PM33.8C34.5C0.50.01339.8D41.1D1.50.013 Existing + Project ConditionsWith Project Cumulative Conditions Conclusions Currently, the existing building is generating 10 more one-way trips (outbound trips) during the PM peak hour than are permitted under the existing site covenant. With the addition of the daycare center, the site would generate more one-way trips (inbound and outbound) during both the AM and PM peak hours than are allowed under the existing site agreement. Based on the City’s calculation using the parking code, the current occupied office space and proposed daycare center together would require 90 parking spaces. Based on the existing counts and the planned daycare center schedule, Hexagon estimates that the site would provide an adequate amount of parking to serve the existing tenants plus the proposed daycare center parking demand during the peak drop-off and pick-up periods of the day. The intersection level of service analysis shows that the proposed project would have very little effect on the overall operations of the signalized intersection of Blaney Avenue and Stevens Creek Boulevard. Appendix A Cupertino Approved and Pending Projects Cu p e r t i n o A p p r o v e d a n d P e n d i n g P r o j e c t T r i p G e n e r a t i o n We e k d a y A . M . P e a k H o u r P . M . P e a k H o u r De v e l o p m e n t O c c u p i e d L a n d U s e S i z e R a t e T r i p s R a t e I n O u t T o t a l R a t e I n O u t T o t a l AP P R O V E D 1. W o l f e & V a l l c o P r k w y ( V a l l c o M a l l ) No C o n d o 2 0 4 d . u . - - - 1 1 5 4 6 5 - 5 5 2 7 8 2 R o s e B o w l No R e t a i l 6 0 , 0 0 0 s . f . O c c u p a n c y o f V a c a n t S p a c e No R e t a i l 2 0 0 , 0 0 0 s . f . F u t u r e V a l l c o E x p a n s i o n ( n o t a p p r o v e d ) No R e t a i l 3 9 6 , 2 4 0 s . f . To t a l R e t a i l 58 9 , 0 0 0 s . f . 2 7 6 1 7 7 4 5 3 9 6 9 1 0 4 9 2 0 1 8 -- - 2. 1 0 1 6 5 N . D e A n z a B l v d ( A l o f t H o t e l ) Ye s Ho t e l 1 2 3 r o o m s Ye s Re t a l 2 , 0 0 7 s . f . Re t a i l 2 , 8 6 4 s . f . 4. B a y C l u b ( 9 ) Ye s He a l t h C l u b 6 6 , 2 0 0 s . f . - 5 7 0 3 4 4 3 7 7 3 - 4 2 - 3 9 5. S t e v e n s C r e e k B l v d . & S t e l l i n g ( D e A n z a C o l l e g e E x p a n s i o n ) ( 2 ) Jr . C o l l e g e 7 , 0 0 0 s t u d e n t s 1 . 5 4 1 0 , 7 8 0 0 . 1 4 8 9 2 8 8 9 8 0 0 . 1 6 7 2 8 3 9 2 1 , 1 2 0 6. M a i n S t r e e t C u p e r t i n o ( 3 ) No H o t e l 1 8 0 r o o m s No H o u s i n g 1 2 0 d . u . No R e t a i l 7 7 , 9 0 0 s . f . No O f f i c e 2 6 0 , 0 0 0 s . f . No R e s t a u r a n t 5 2 , 6 0 0 s . f . To t a l 11 , 9 7 2 4 9 2 1 9 0 6 8 2 5 6 4 6 9 2 1 , 2 5 6 7 O a k s S h o p p i n g C e n t e r ( S t e v e n s C r e e k / S R 8 5 ) ( 4 ) No H o t e l 1 2 2 r o o m s 9 7 1 3 2 2 3 5 5 2 9 3 0 5 9 No R e t a i l 1 8 , 2 0 0 s . f . 1 , 7 8 5 2 6 1 7 4 3 7 8 8 5 1 6 3 No O f f i c e 1 8 , 3 0 0 s . f . 3 6 1 4 2 6 4 8 1 7 8 2 9 9 No M e e t i n g R m s 1 4 , 4 0 0 s . f . 4 2 8 1 9 1 3 3 2 1 7 1 7 3 4 To t a l - 3 , 5 4 5 - 1 1 9 5 9 1 7 8 - 1 4 1 2 1 4 3 5 5 8. O n e R e s u l t s W a y ( B u b b / M c C l e l l a n , N W c o r n e r ) ( e x p i r e s 7 / 2 0 1 4 ) No O f f i c e 1 1 , 0 1 5 s . f . 9. P W M a r k e t ( D e A n z a / H o m e s t e a d , S W c o r n e r ) Ye s Ph a r m a c y 1 8 , 2 0 3 s . f . No S h o p p i n g C n t r 1 2 5 , 4 3 5 s . f . No S u p e r m a r k e t 5 4 , 9 8 4 s . f . To t a l 19 8 , 6 2 2 s . f . - 2 , 4 8 4 - 3 7 2 6 6 3 - 1 3 0 1 3 1 2 6 1 10 . C u p e r t i n o V i l l a g e ( H o m e s t e a d / W o l f e , S W c o r n e r ) ( 5 ) No Re t a i l 2 4 , 4 5 5 s . f . 2, 3 4 4 3 4 2 2 5 5 7 4 8 0 1 5 4 11 . C r o s s r o a d s Ye s Sh o p p i n g C n t r 8 7 , 1 1 0 s . f . Ye s Hi g h t u r n o v e r re s t a u r a n t 8, 7 4 6 s . f . 12 . A p p l e C a f e t e r i a ( A l v e s / B a n d l e y c o r n e r ) ( 7 ) No Re s t a u r a n t 2 0 4 s e a t s 19 8 1 1 1 1 2 2 5 4 9 13 . B i l t m o r e A p t s ( 6 ) No M i x e d U s e / A p t 8 0 u n i t s No Re s t a u r a n t 7 , 0 0 0 s . f . To t a l 63 4 - 1 3 1 3 0 2 9 5 3 4 14 . S a i c h S t a t i o n ( 2 0 8 0 3 S t e v e n s C r e e k B l v d ) ( 1 0 ) No R e t a i l 1 1 , 0 9 2 s . f . No R e s t a u r a n t 4 , 5 5 8 s . f . To t a l 15 , 6 5 0 s . f . 65 0 3 4 2 1 5 5 2 3 2 3 4 6 15 . A p p l e C a m p u s 2 ( 8 ) No O f f i c e 1 4 , 2 0 0 e m p l o y e e s 35 , 1 0 6 2 , 8 9 0 3 8 4 3 , 2 7 4 7 9 6 2 , 3 0 3 3 , 0 9 9 PE N D I N G 16 . F o o t h i l l L i v e / W o r k ( 1 1 ) No R e s i d e n t i a l 6 d . u . No W o r k s p a c e s 2 , 6 1 0 s . f . To t a l -5 2 2 - 1 1 - 1 4 - 2 5 - 2 2 - 2 2 - 4 4 No t e s : Tr i p g e n e r a t i o n a v e r a g e r a t e s f r o m I T E ’ s Tr i p G e n e r a t i o n , 7th E d i t i o n . Up d a t e d A p r i l 2 3 , 2 0 1 4 (1 ) Pe a k h o u r t r i p g e n e r a t i o n p r o v i d e d b y C i t y o f C u p e r t i n o . (2 ) Tr i p g e n e r a t i o n f r o m D K S , D e A n z a C o l l e g e E I R ( M a y 2 0 0 2 ) . (3 ) Tr i p g e n e r a t i o n r a t e s f r o m F e h r & P e e r s , M e m o ( N o v e m b e r 2 0 1 1 ) (4 ) Tr i p g e n e r a t i o n r a t e s f r o m R e p u b l i c I T S . (5 ) Tr i p g e n e r a t i o n r a t e s H e x a g o n , T I A ( O c t o b e r 2 0 0 7 ) (6 ) Tr i p g e n e r a t i o n r a t e s H e x a g o n , T I A ( N o v e m b e r 2 0 1 1 ) (7 ) Tr i p g e n e r a t i o n r a t e s F e h r & P e e r s M e m o ( A p r i l 2 0 1 2 ) (8 ) Tr i p g e n e r a t i o n r a t e s F e h r & P e e r s A p p l e C a m p u s 2 E I R ( A u g u s t 2 0 1 2 ) (9 ) Tr i p g e n e r a t i o n r a t e s F e h r & P e e r s F o c u s e d T I A ( M a y 2 0 1 1 ) 3. 1 0 2 1 2 N . D e A n z a B l v d ( b u i l t ) Appendix B Intersection Level of Service Calculations COMPARE Tue May 13 12:06:06 2014 Page 3-1 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) AM Existing Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:96 60 79*** Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol: 119*** 1 Cycle Time (sec):110 0 46 0 Loss Time (sec):12 1 493 2 Critical V/C:0.549 2 1404*** 1 Avg Crit Del (sec/veh):28.0 0 23 0 Avg Delay (sec/veh):29.8 1 87 LOS:C Lanes:10 0 1 0 Final Vol:103 113*** 97 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: >> Count Date: 23 Apr 2014 << 8:00-9:00AM Base Vol: 103 113 97 79 60 96 119 493 23 87 1404 46 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 103 113 97 79 60 96 119 493 23 87 1404 46 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 103 113 97 79 60 96 119 493 23 87 1404 46 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 103 113 97 79 60 96 119 493 23 87 1404 46 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 103 113 97 79 60 96 119 493 23 87 1404 46 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 103 113 97 79 60 96 119 493 23 87 1404 46 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.98 0.95 Lanes: 1.00 0.54 0.46 1.00 0.38 0.62 1.00 2.86 0.14 1.00 2.90 0.10 Final Sat.: 1750 969 831 1750 692 1108 1750 5350 250 1750 5422 178 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.06 0.12 0.12 0.05 0.09 0.09 0.07 0.09 0.09 0.05 0.26 0.26 Crit Moves: **** **** **** **** Green Time: 13.4 23.4 23.4 9.1 19.1 19.1 13.6 38.8 38.8 26.8 51.9 51.9 Volume/Cap: 0.48 0.55 0.55 0.55 0.50 0.50 0.55 0.26 0.26 0.20 0.55 0.55 Delay/Veh: 52.8 44.2 44.2 62.7 46.7 46.7 54.9 25.7 25.7 34.2 21.5 21.5 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 52.8 44.2 44.2 62.7 46.7 46.7 54.9 25.7 25.7 34.2 21.5 21.5 LOS by Move: D- D D E D D D- C C C- C+ C+ HCM2kAvgQ: 4 7 7 4 6 6 5 4 4 2 12 12 Note: Queue reported is the number of cars per lane. COMPARE Tue May 13 12:06:06 2014 Page 3-2 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) AM Existing + Project Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:106 60 79*** Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol: 144*** 1 Cycle Time (sec):110 0 46 0 Loss Time (sec):12 1 511 2 Critical V/C:0.569 2 1424*** 1 Avg Crit Del (sec/veh):29.1 0 27 0 Avg Delay (sec/veh):30.6 1 87 LOS:C Lanes:10 0 1 0 Final Vol:108 113*** 97 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: >> Count Date: 23 Apr 2014 << 8:00-9:00AM Base Vol: 103 113 97 79 60 96 119 493 23 87 1404 46 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 103 113 97 79 60 96 119 493 23 87 1404 46 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 NetProjTrip: 5 0 0 0 0 10 25 18 4 0 20 0 Initial Fut: 108 113 97 79 60 106 144 511 27 87 1424 46 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 108 113 97 79 60 106 144 511 27 87 1424 46 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 108 113 97 79 60 106 144 511 27 87 1424 46 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 108 113 97 79 60 106 144 511 27 87 1424 46 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.98 0.95 Lanes: 1.00 0.54 0.46 1.00 0.36 0.64 1.00 2.84 0.16 1.00 2.90 0.10 Final Sat.: 1750 969 831 1750 651 1149 1750 5319 281 1750 5425 175 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.06 0.12 0.12 0.05 0.09 0.09 0.08 0.10 0.10 0.05 0.26 0.26 Crit Moves: **** **** **** **** Green Time: 12.8 22.6 22.6 8.7 18.5 18.5 15.9 40.1 40.1 26.6 50.8 50.8 Volume/Cap: 0.53 0.57 0.57 0.57 0.55 0.55 0.57 0.26 0.26 0.21 0.57 0.57 Delay/Veh: 55.4 45.6 45.6 64.6 48.9 48.9 52.8 24.9 24.9 34.4 22.5 22.5 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 55.4 45.6 45.6 64.6 48.9 48.9 52.8 24.9 24.9 34.4 22.5 22.5 LOS by Move: E+ D D E D D D- C C C- C+ C+ HCM2kAvgQ: 4 7 7 4 6 6 6 4 4 3 13 13 Note: Queue reported is the number of cars per lane. COMPARE Tue May 13 12:06:06 2014 Page 3-3 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) AM Cum No Project Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:107 72 84*** Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol: 138*** 1 Cycle Time (sec):110 0 49 0 Loss Time (sec):12 1 935 2 Critical V/C:0.695 2 1885*** 1 Avg Crit Del (sec/veh):30.1 0 25 0 Avg Delay (sec/veh):30.0 1 109 LOS:C Lanes:10 0 1 0 Final Vol:116 131*** 134 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: Base Vol: 116 131 134 84 72 107 138 935 25 109 1885 49 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 116 131 134 84 72 107 138 935 25 109 1885 49 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 116 131 134 84 72 107 138 935 25 109 1885 49 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 116 131 134 84 72 107 138 935 25 109 1885 49 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 116 131 134 84 72 107 138 935 25 109 1885 49 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 116 131 134 84 72 107 138 935 25 109 1885 49 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.98 0.95 Lanes: 1.00 0.49 0.51 1.00 0.40 0.60 1.00 2.92 0.08 1.00 2.92 0.08 Final Sat.: 1750 890 910 1750 724 1076 1750 5454 146 1750 5458 142 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.07 0.15 0.15 0.05 0.10 0.10 0.08 0.17 0.17 0.06 0.35 0.35 Crit Moves: **** **** **** **** Green Time: 12.4 23.3 23.3 7.6 18.5 18.5 12.5 48.9 48.9 18.2 54.6 54.6 Volume/Cap: 0.59 0.70 0.70 0.70 0.59 0.59 0.70 0.39 0.39 0.38 0.70 0.70 Delay/Veh: 58.8 50.1 50.1 78.3 50.4 50.4 65.2 20.9 20.9 44.6 22.7 22.7 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 58.8 50.1 50.1 78.3 50.4 50.4 65.2 20.9 20.9 44.6 22.7 22.7 LOS by Move: E+ D D E- D D E C+ C+ D C+ C+ HCM2kAvgQ: 5 10 10 4 7 7 6 7 7 4 18 18 Note: Queue reported is the number of cars per lane. COMPARE Tue May 13 12:06:06 2014 Page 3-4 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) AM Cum + Project Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:117 72 84*** Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol: 163*** 1 Cycle Time (sec):110 0 49 0 Loss Time (sec):12 1 953 2 Critical V/C:0.715 2 1905*** 1 Avg Crit Del (sec/veh):31.4 0 29 0 Avg Delay (sec/veh):31.0 1 109 LOS:C Lanes:10 0 1 0 Final Vol:121 131*** 134 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: Base Vol: 116 131 134 84 72 107 138 935 25 109 1885 49 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 116 131 134 84 72 107 138 935 25 109 1885 49 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 NetProjTrip: 5 0 0 0 0 10 25 18 4 0 20 0 Initial Fut: 121 131 134 84 72 117 163 953 29 109 1905 49 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 121 131 134 84 72 117 163 953 29 109 1905 49 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 121 131 134 84 72 117 163 953 29 109 1905 49 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 121 131 134 84 72 117 163 953 29 109 1905 49 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.98 0.95 Lanes: 1.00 0.49 0.51 1.00 0.38 0.62 1.00 2.91 0.09 1.00 2.92 0.08 Final Sat.: 1750 890 910 1750 686 1114 1750 5434 165 1750 5459 140 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.07 0.15 0.15 0.05 0.11 0.11 0.09 0.18 0.18 0.06 0.35 0.35 Crit Moves: **** **** **** **** Green Time: 11.9 22.6 22.6 7.4 18.1 18.1 14.3 49.9 49.9 18.1 53.7 53.7 Volume/Cap: 0.64 0.72 0.72 0.72 0.64 0.64 0.72 0.39 0.39 0.38 0.72 0.72 Delay/Veh: 62.3 51.9 51.9 81.3 53.0 53.0 63.4 20.4 20.4 44.7 23.8 23.8 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 62.3 51.9 51.9 81.3 53.0 53.0 63.4 20.4 20.4 44.7 23.8 23.8 LOS by Move: E D- D- F D- D- E C+ C+ D C C HCM2kAvgQ: 5 10 10 5 7 7 7 7 7 4 19 19 Note: Queue reported is the number of cars per lane. COMPARE Tue May 13 12:06:57 2014 Page 3-1 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) PM Existing Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:100 207*** 139 Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol: 129 1 Cycle Time (sec):110 0 73 0 Loss Time (sec):12 1 1648*** 2 Critical V/C:0.711 2 1006 1 Avg Crit Del (sec/veh):34.8 0 73 0 Avg Delay (sec/veh):33.8 1 214*** LOS:C- Lanes:10 0 1 0 Final Vol:58*** 83 128 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: >> Count Date: 23 Apr 2014 << 5:00-6:00pm Base Vol: 58 83 128 139 207 100 129 1648 73 214 1006 73 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 58 83 128 139 207 100 129 1648 73 214 1006 73 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 58 83 128 139 207 100 129 1648 73 214 1006 73 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 58 83 128 139 207 100 129 1648 73 214 1006 73 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 58 83 128 139 207 100 129 1648 73 214 1006 73 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 58 83 128 139 207 100 129 1648 73 214 1006 73 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.99 0.95 Lanes: 1.00 0.39 0.61 1.00 0.67 0.33 1.00 2.87 0.13 1.00 2.79 0.21 Final Sat.: 1750 708 1092 1750 1214 586 1750 5362 238 1750 5221 379 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.03 0.12 0.12 0.08 0.17 0.17 0.07 0.31 0.31 0.12 0.19 0.19 Crit Moves: **** **** **** **** Green Time: 7.0 19.6 19.6 13.3 25.9 25.9 18.0 46.6 46.6 18.5 47.1 47.1 Volume/Cap: 0.52 0.66 0.66 0.66 0.73 0.73 0.45 0.73 0.73 0.73 0.45 0.45 Delay/Veh: 66.2 52.2 52.2 61.2 49.2 49.2 46.5 28.4 28.4 57.8 22.9 22.9 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 66.2 52.2 52.2 61.2 49.2 49.2 46.5 28.4 28.4 57.8 22.9 22.9 LOS by Move: E D- D- E D D D C C E+ C+ C+ HCM2kAvgQ: 3 8 8 6 11 11 5 17 17 8 9 9 Note: Queue reported is the number of cars per lane. COMPARE Tue May 13 12:06:57 2014 Page 3-2 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) PM Existing + Project Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:109 207*** 139 Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:4/23/2014 Rights=Include Lanes: Final Vol: 152 1 Cycle Time (sec):110 0 73 0 Loss Time (sec):12 1 1667*** 2 Critical V/C:0.724 2 1023 1 Avg Crit Del (sec/veh):35.3 0 78 0 Avg Delay (sec/veh):34.5 1 214*** LOS:C- Lanes:10 0 1 0 Final Vol:62*** 83 128 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: >> Count Date: 23 Apr 2014 << 5:00-6:00pm Base Vol: 58 83 128 139 207 100 129 1648 73 214 1006 73 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 58 83 128 139 207 100 129 1648 73 214 1006 73 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 NetProjTrip: 4 0 0 0 0 9 23 19 5 0 17 0 Initial Fut: 62 83 128 139 207 109 152 1667 78 214 1023 73 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 62 83 128 139 207 109 152 1667 78 214 1023 73 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 62 83 128 139 207 109 152 1667 78 214 1023 73 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 62 83 128 139 207 109 152 1667 78 214 1023 73 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.98 0.95 Lanes: 1.00 0.39 0.61 1.00 0.66 0.34 1.00 2.86 0.14 1.00 2.79 0.21 Final Sat.: 1750 708 1092 1750 1179 621 1750 5349 250 1750 5227 373 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.04 0.12 0.12 0.08 0.18 0.18 0.09 0.31 0.31 0.12 0.20 0.20 Crit Moves: **** **** **** **** Green Time: 7.0 19.8 19.8 13.4 26.2 26.2 19.9 46.5 46.5 18.3 44.9 44.9 Volume/Cap: 0.56 0.65 0.65 0.65 0.74 0.74 0.48 0.74 0.74 0.74 0.48 0.48 Delay/Veh: 68.6 51.7 51.7 60.5 49.5 49.5 45.5 28.7 28.7 58.9 24.7 24.7 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 68.6 51.7 51.7 60.5 49.5 49.5 45.5 28.7 28.7 58.9 24.7 24.7 LOS by Move: E D- D- E D D D C C E+ C C HCM2kAvgQ: 3 8 8 6 12 12 5 18 18 8 9 9 Note: Queue reported is the number of cars per lane. COMPARE Tue May 13 12:06:57 2014 Page 3-3 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) PM Cum No Project Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:108 232*** 149 Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol: 141 1 Cycle Time (sec):110 0 80 0 Loss Time (sec):12 1 2245*** 2 Critical V/C:0.900 2 1706 1 Avg Crit Del (sec/veh):45.0 0 80 0 Avg Delay (sec/veh):39.8 1 281*** LOS:D Lanes:10 0 1 0 Final Vol:65*** 93 162 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: Base Vol: 65 93 162 149 232 108 141 2245 80 281 1706 80 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 65 93 162 149 232 108 141 2245 80 281 1706 80 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 65 93 162 149 232 108 141 2245 80 281 1706 80 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 65 93 162 149 232 108 141 2245 80 281 1706 80 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 65 93 162 149 232 108 141 2245 80 281 1706 80 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 65 93 162 149 232 108 141 2245 80 281 1706 80 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.98 0.95 Lanes: 1.00 0.36 0.64 1.00 0.68 0.32 1.00 2.89 0.11 1.00 2.86 0.14 Final Sat.: 1750 656 1144 1750 1228 572 1750 5407 193 1750 5349 251 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.04 0.14 0.14 0.09 0.19 0.19 0.08 0.42 0.42 0.16 0.32 0.32 Crit Moves: **** **** **** **** Green Time: 7.0 18.4 18.4 11.1 22.5 22.5 13.8 49.4 49.4 19.1 54.7 54.7 Volume/Cap: 0.58 0.85 0.85 0.85 0.92 0.92 0.64 0.92 0.92 0.92 0.64 0.64 Delay/Veh: 70.5 68.8 68.8 85.4 74.1 74.1 59.2 35.7 35.7 80.2 21.6 21.6 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 70.5 68.8 68.8 85.4 74.1 74.1 59.2 35.7 35.7 80.2 21.6 21.6 LOS by Move: E E E F E E E+ D+ D+ F C+ C+ HCM2kAvgQ: 3 11 11 8 16 16 6 29 29 13 16 16 Note: Queue reported is the number of cars per lane. COMPARE Tue May 13 12:06:57 2014 Page 3-4 Traffix 8.0.0715 Copyright (c) 2008 Dowling Associates, Inc. Licensed to Hexagon Trans., San Jose Little Tree Bilingual Montessori 125 Students 20111 Stevens Creek Bouleverd, Cupertino, CA Level Of Service Computation Report 2000 HCM Operations (Future Volume Alternative) PM Cum + Project Intersection #1: Blaney Av and Stevens Creek Bl Signal=Protect/Rights=Include Final Vol:117 232*** 149 Lanes:01 0 0 1 Signal=Protect Signal=Protect Final Vol: Lanes: Rights=Include Vol Cnt Date:n/a Rights=Include Lanes: Final Vol: 164 1 Cycle Time (sec):110 0 80 0 Loss Time (sec):12 1 2264*** 2 Critical V/C:0.913 2 1723 1 Avg Crit Del (sec/veh):46.4 0 85 0 Avg Delay (sec/veh):41.1 1 281*** LOS:D Lanes:10 0 1 0 Final Vol:69*** 93 162 Signal=Protect/Rights=Include Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------|---------------||---------------||---------------||---------------| Min. Green: 7 10 10 7 10 10 7 10 10 7 10 10 Y+R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 ------------|---------------||---------------||---------------||---------------| Volume Module: Base Vol: 65 93 162 149 232 108 141 2245 80 281 1706 80 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 65 93 162 149 232 108 141 2245 80 281 1706 80 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 NetProjTrip: 4 0 0 0 0 9 23 19 5 0 17 0 Initial Fut: 69 93 162 149 232 117 164 2264 85 281 1723 80 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 69 93 162 149 232 117 164 2264 85 281 1723 80 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 69 93 162 149 232 117 164 2264 85 281 1723 80 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 69 93 162 149 232 117 164 2264 85 281 1723 80 ------------|---------------||---------------||---------------||---------------| Saturation Flow Module: Sat/Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.92 0.95 0.95 0.92 0.95 0.95 0.92 0.98 0.95 0.92 0.98 0.95 Lanes: 1.00 0.36 0.64 1.00 0.66 0.34 1.00 2.89 0.11 1.00 2.86 0.14 Final Sat.: 1750 656 1144 1750 1197 603 1750 5397 203 1750 5351 248 ------------|---------------||---------------||---------------||---------------| Capacity Analysis Module: Vol/Sat: 0.04 0.14 0.14 0.09 0.19 0.19 0.09 0.42 0.42 0.16 0.32 0.32 Crit Moves: **** **** **** **** Green Time: 7.0 18.6 18.6 11.2 22.8 22.8 15.4 49.3 49.3 18.9 52.8 52.8 Volume/Cap: 0.62 0.84 0.84 0.84 0.94 0.94 0.67 0.94 0.94 0.94 0.67 0.67 Delay/Veh: 73.4 67.3 67.3 83.7 75.7 75.7 58.6 37.0 37.0 82.7 23.3 23.3 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel/Veh: 73.4 67.3 67.3 83.7 75.7 75.7 58.6 37.0 37.0 82.7 23.3 23.3 LOS by Move: E E E F E- E- E+ D+ D+ F C C HCM2kAvgQ: 4 11 11 8 16 16 7 30 30 13 17 17 Note: Queue reported is the number of cars per lane. Environmental Consulting Services * * * Saratoga ______________________________________________________________________________________ Environmental Consulting Services 18488 Prospect Road – Suite 1, Saratoga, CA 95070 Phone: (408) 257-1045 stanshell99@toast.net FAX: (408) 257-7235 ______________________________________________________________________________________ April 22, 2014 Mr. Gian Paolo Martire Assistant Planner Cupertino Community Development Department 10300 Torre Avenue Cupertino, CA 95014 Re: Noise Impact and Mitigation Study for Little Tree Montessori Preschool Project, 20111 Stevens Creek Blvd, Cupertino Dear Mr. Martire, In response to your request I have evaluated the potential noise impacts that could be produced at nearby sensitive receptors by the proposed subject redevelopment of a portion of the existing 2-story commercial property at 20111 Stevens Creek Blvd. in Cupertino. The report discusses the present environment, the proposed project and its associated noise-related aspects, the potential new activities and operational noise impacts on the nearest receptors in the area, and compliance with Cupertino noise guidelines. Project Description [1] [2] The Little Tree Montessori Preschool Project of Cupertino proposes to provide weekday daytime care for toddler and preschool-age kids on the subject site. The Little Tree Montessori Preschool proposes to redevelop several first-floor rooms equaling approximately 7200 square feet of the existing building for child care activities and administrative space, plus constructing an 6750 square foot outdoor play area in the existing parking lot on the west side of the building. The property is zoned for commercial and school-type uses. Internal modifications would be made to the building for Little Tree Montessori Preschool use, as well as constructing an outdoor playground area in the present parking lot. The surface of the play area will be rubber, with two climbing structures, as well as tricycles and other typical play equipment. Paved parking for supporting Little Tree vehicles is available adjacent to the building, which would be shared with the other tenants of the building. The facility would accommodate 130 kids and a staff of 12, on a normal workday schedule of hours (8:00 am to 6:00 pm) Monday through Friday. No holiday or weekend activities are planned on site. A maximum of 3-4 evening events in the classrooms could be held annually, which would end by 9 pm. Inside activities would include typical educational, creative and play activities in specially-designed rooms for the age range served. During the 30-minute class outdoor play periods throughout the day there would be at least two staff personnel at all times. Sensitive Receptor Locations The project area is a mixed residential and commercial neighborhood on the north side of Stevens Creek Boulevard east of Randy Lane. The nearest sensitive receptor locations for noise generated by the project include several single-family residential properties on Wheaton Drive along the north property line of the project. Other types of uses in the area are commercial in nature and are not considered sensitive, such as small business offices. The other tenants sharing the building represent additional potential sensitive receptors for noise transmitted within the building. Vehicle access to the project would be from Stevens Creek Boulevard, as at present. Little Tree Montessori Preschool Project Noise Study – Cupertino Page 2 of 4 Environmental Consulting Services * * * Saratoga This study investigates the extent to which the adjacent residences or building tenants could be impacted by noise from Little Tree Montessori Preschool activities. The various potential noise impacts are discussed in the following sections. Ambient Noise Levels and Noise Sources in the Area The primary source of ambient noise at the project site is traffic on Stevens Creek Boulevard, a major arterial bounding the project site on the south side. Typical vehicle passby noise levels are in the 50-60 dBA range at 100 feet. Trucks, buses, motorcycles, and poorly-muffled vehicles produce peak levels 5 to 15 dBA higher on passby. Large and small aircraft and helicopter overflights create infrequent noise incidents of 55 to 65 dBA. Other than typical sporadic neighborhood activities such as garbage pickup, there are no other notable noise sources in the project area. Field noise measurements were made during the morning period of April 11, 2014 with a CEL-440 Precision Noise Meter and Analyzer, calibrated with a B & K Model 4230 Sound Level Calibrator. Measurement locations were chosen to represent the site and key receptor locations, as described below:  Location 1 – north property line adjacent to the residences on Wheaton Drive, approximately 220 feet from the planned playground area  Location 2 – near the planned south edge of the playground area, about 90 feet from Stevens Creek Boulevard Noise levels were measured and are reported using percentile noise descriptors, as follows: L90 (the background noise level exceeded 90 % of the time), L50 (the median noise level exceeded 50% of the time), L1 (the peak level exceeded 1% of the time), and Leq (the average energy-equivalent noise level). Measured noise levels are presented in Exhibit 1 below. The DNL/Ldn noise levels were computed as the long-term average of the Leq using the daily traffic distribution in the area, with standard weighted penalties for the nighttime hours, and modeled with an enhanced version of the National Cooperative Highway Research Board traffic noise model [4]. EXHIBIT 1 AMBIENT NOISE LEVELS (dBA) Little Tree Montessori Preschool area, 20111 Stevens Creek Boulevard, Cupertino Location L90 L50 Leq L1 Ldn 1. north property line near residences 42 47 47.5 54 45 2. south edge of playground area 52 58 59.5 69 56 Traffic is the dominant noise source near the project site, with noise levels at any location in the area depending upon volume, speed and distance to the nearest traffic. Location 1 is adjacent to the parking lot and the residences behind, so it is some distance from direct traffic noise except the low speed and low volume parking lot traffic, and thus has overall low noise levels. Location 2 is near the south boundary of the planned play area beside the building, about 90 feet from the nearest lane of Stevens Creek Blvd. At both locations the L90 background noise level is a result of the moderate-volume traffic on Blaney and I-280 several blocks north. During morning and evening periods when temperatures are lower and humidity higher, noise is transmitted more efficiently, and noise levels from I-280 are often higher by 5-8 dB. Relevant Cupertino Noise Ordinance Limits [3] Section 10.48.040 of the Cupertino Noise Ordinance applies to this project, which limits noise during daytime hours (7 am to 8 pm) produced by sources adjacent to a residential property to 60 dBA, or by sources adjacent to commercial property to 65 dBA. Note that there are no outdoor project-related activities during night time periods, when City noise limits are more restrictive. In addition, brief daytime noise incidents on the site would be allowed somewhat higher noise levels by Ordinance section 10.48.050. For example, noise incidents that last less than 15 minutes during any two hour period are allowed to be 5 dB higher than long-term general limits. Little Tree Montessori Preschool Project Noise Study – Cupertino Page 3 of 4 Environmental Consulting Services * * * Saratoga Potential Little Tree Montessori Preschool Noise Impacts Outdoor playground activities All potentially noisy outdoor activities would occur in the playground area adjacent to the building on the west side of the building. Two large climbing play structures are planned on a rubberized surface enclosed within a fence. The potential noise impacts from outdoor activities are described in the following paragraphs. Between 10:00 am and 5:15 pm there could be between 24 and a maximum of 32 kids at a time playing outside in scheduled periods. Full-day preschool kids have two outdoor play periods of about 30 minutes each day. Half-day preschool kids have only one period outside. Outdoor activities would include climbing on the play structure, riding tricycles, participation in group games with balls, and other typical outdoor play activities. All of the noise would be from sporadic voices of kids and staff members. Activities of this type can create intermittent brief noise from voices of 50 to 65 dBA at a distance of 35-50 feet. The residences along the north property line are approximately 220 feet from the playground area, so maximum playground noise levels would be in the 30 to 40 dBA range in the adjacent yards, partially protected by six-foot or eight-foot property line walls. Noise levels at second floor levels in one residence, unprotected by property line walls, would be several dB higher in these locations. However, even the second floor noise levels from playground voices are at or below ambient traffic noise levels and significantly below the Cupertino Noise Ordinance limits. Activities inside the building Little Tree Montessori Preschool activities inside the building in the classrooms can include reading, art, music, and other teaching and discussion activities. Noise impacts from these inside activities would be negligible because of noise attenuation by the high-quality party walls and floor/ceiling assemblies dividing the spaces within the building. Also, many of the classroom noise generated would be voices similar in noise characteristics to activities by previous commercial tenants. All noise transmission through the party walls and floor/ceiling assemblies would be reduced 40-50 dBA, so there would be no significant noise disturbance from the new activities on existing tenants. Noise Levels on the Playground As shown in Exhibit 1, noise levels on the playground from traffic would be between 60 and 70 dBA at least half the time, with an Leq average level of about 60 dBA. While this is not a damaging noise level, it is difficult for normal conversation and is not a pleasant environment for the kids at play. For this reason, a solid fence eight feet high along the sound boundary of the playground area is recommended, to reduce the noise level by 6-8 dB and provide a more pleasing outdoor environment. The wall can be constructed of any solid material, with no cracks between elements or at ground level, such as a combination of ¾“ wood, 3/16” shatterproof glass, or 1/2” Plexiglas. Conclusions and Summary Overall ambient noise levels in the project area now are established primarily by traffic on nearby streets, and this will continue to be the dominant noise source in the area in the foreseeable future. The primary noticeable noise would be intermittent and brief voices from young children in the playground area beside the building. With the informal type of play activities, the age of the kids and the distances involved, these noise incidents would not be noticeable in adjacent areas, would be within the City Noise Ordinance limits, and would not be expected to create any noise impacts in adjacent residential areas. And to provide a quieter environment for outdoor play, a solid fence/wall along the south playground boundary is recommended. If I may be of further assistance on this project, please do not hesitate to contact me. Respectfully submitted, Stan Shelly H. Stanton Shelly Acoustical Consultant Board Certified Member (1982) Institute of Noise Control Engineering Little Tree Montessori Preschool Project Noise Study – Cupertino Page 4 of 4 Environmental Consulting Services * * * Saratoga REFERENCES 1. Project drawings: A1.1 - Site Plan and A2.1 - Floor Plan, Little Tree Montessori New Cupertino Campus, 20100 Stevens Creek Blvd, Cupertino, Adaptive Architecture, Cupertino, CA. 2. Operational classroom information sheets “Daily Schedule”, and school activity descriptions for Little Tree Montessori, Janice Yeh, Project Architect, April 2014. 3. Noise Ordinance, Municipal Code Section 10.48, Noise levels for residential and commercial zones; City of Cupertino. 4. Highway Noise - A Design Guide for Highway Engineers, National Cooperative Highway Research Program Report 117, Highway Research Board, National Academy of Sciences, Washington, D.C., 1971 (model enhanced and field validated by ECS).