CC Resolution No. 14-202 Approving a development to allow demolition of an existing patking lot and construct a hotel at 10380 Perimeter Rd and the South Vallco Connectivity Plan RESOLUTION NO. 14-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING
PARKING LOT AND CONSTRUCT A 5-STORY, 148-ROOM HOTEL OF APPROXIMATELY
102,700 SQUARE FEET THAT INCLUDES A RESTAURANT, BAR, LOUNGE, AND
CONFERENCE ROOMS BUILT OVER A 35,800 SQUARE FOOT UNDERGROUND PARKING
GARAGE THAT CONTAINS_TANDEM PARKING, LOCATED AT 10380 PERIMETER ROAD
AND THE SOUTH VALLCO CONNECTIVITY PLAN
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2014-04
Applicant: Edward Chan
Property Owner: Cupertino Property Development II, LLC
Location: 10380 Perimeter Road (APN 316-20-092)
SECTION II: FINDINGS FOR A DEVELOPMENT PERMIT:
WHEREAS, the City Council of the City of Cupertino received an application for a
Development Permit as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a
Mitigated Negative Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public hearing in
regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
a) The proposed development, at the proposed location, will not be detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
Given that the project is consistent with the General Plan, Zoning Ordinance, Heart of the City
Specific Plan, and South Vallco Master Plan; has been designed to be compatible with and respectful
of adjoining land uses; and that relevant mitigation measures will be incorporated as part of the
CEQA review process to mitigate potential impacts to a less than significant level, the project will
not be detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience.
Resolution No.14-202
Page 2
b) The proposed development will be located and conducted in a manner in accord with the
Cupertino General Plan and the purpose of the City's zoning ordinances.
The project is consistent with all applicable aspects of the General Plan, Zoning Ordinance (aside
from the Parking Exception requested), Heart of the- City Specific Plan, and South Vallco Master
Plan. The South Vallco Master Plan identifies the project site as a potential location for a hotel. In
addition, the design is consistent with General Policies that encourage development to activate
streetscapes , provide high quality architecture, and improve connectivity. The location, height, and
massing of the buildings are compatible with the adjacent and surrounding developments.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other
evidence submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-06) is hereby adopted; and the
application for a Development Permit, Application no. DP-2014-04 is hereby approved and that
the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the Public Hearing,record concerning Application no. DP-2014-04 as set forth in
the Minutes of City Council Meeting of.October 21, 2014, and are incorporated by reference as,
though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received October2, 2014 consisting of 51 sheets labeled A-
0.0 to A-0.3, C-1.0 to'C-7.0, L-1 to L-5, A-1.0, A-1.0a,`A-1.1 to A 71.4, A2.0, A-2.0a, A-2.1 to A-
2.6, A-30 to A-3.8, A-4.0, A-4.0a, A-4.1, A-4.1a, A-4.2, A-5.0, A-6.0, A-6.1, E-0.1, and E-1.0 to
E-1.2, entitled, "Hyatt House, Cupertino California, Wolfe Road &Interstate 280," drawn by
Gene Fong Associates, Sandis, Bruce Jett Associates, and Emerald City Engineers, Inc.; and
the South Vallco Connectivity Plan dated September 30, 2014 consisting of 24 pages
prepared for the City by MIG; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation.
of any property data may invalidate this approval and may,require additional review.
Resolution No.14-202
Page 3
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-06, U-2014-04, EXC-2014-07, TR-
2014-28, and TR-2014-40 shall be applicable to this approval.
4. 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.
5. RESTAURANT AND BAR OPEN FOR PUBLIC USE
Per Planning Commission direction, the restaurant and bar shall remain open to the public.
6. RELOCATION OF EXISTING FARMERS MARKET
An additional City approval is required if the development of this project requires the
relocation of the existing weekly farmer's market elsewhere within the City (currently
approved under file no. DIR-2011-30).
7. RELOCATION/MODIFICATION OF WIRELESS COMMUNICATIONS FACILITY
An additional City approval is required if the development of this project requires the
relocation/modification of the existing wireless communications facility and associated
equipment enclosure elsewhere within the site or City (currently approved under file no.
DIR-2001-30).
8. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted to allow the demolition of an existing parking lot
and the construction of a five-story, 148-room extended stay hotel that includes a 3,073
square foot restaurant and bar, lounge and fitness areas, 2,834 square feet of conference
room area, and other ancillary uses as identified on the approved plans built over a 35,800
square foot underground garage with tandem parking.
The Planning Commission shall review amendments to the project considered major by the
Director of Community Development.
9. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 148 hotel rooms from the Vallco Park South (or
alternative) General Plan hotel allocation area.
10. SOUTH VALLCO CONNECTIVITY PLAN
The project shall comply with the South Vallco Connectivity Plan. The plan will help inform
the development of the future Vallco Shopping District Specific and/or Master Plan and may
be subject to change. The applicant shall make reasonable efforts to contact adjacent
property owners to show improvement plans including, but not limited to the specific
i
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lighting, sidewalk furniture, and landscaping treatments to be consistent with the vision of
the South Vallco Connectivity Plan.
11. AUTO PARKING RATIO
The project auto parking supply shall be provided at a minimum ratio of 0.81 stalls per hotel
room, or 120 spaces, as approved under Parking Exception file no. EXC-2014-07.
12. TRANSPORTATION DEMAND MEASURES (TDM)
The Director of Community Development has the ability to require additional transportation
demand measures (TDM) to address any future parking concerns. Examples of TDM may
include,but are not limited to:.
a. Valet service
b. Off-site parking
c. Carpool or vanpool services
d. Additional onsite parking ,
e. Transit improvements
f. Non-motorized improvements
g. Shift peak-shared parking
h. Guaranteed ride home
L Taxi service
j. Pricing
k. Increased shuttle service
13. BICYCLE PARKING
The applicant shall provide Class II bicycle parking based on a minimum of five percent of
the required auto parking in accordance with the City's Parking Regulations under Chapter
19.124 of the Cupertino Municipal Code. Therefore, the applicant shall maintain a minimum
of 9 Class II bicycle parking stalls.
14. ELECTRIC VEHICLE CHARGING SYSTEMS
The project shall comply with City Ordinance No. 14-2117 regarding electric vehicle
charging systems.
15. GREEN BUILDING
The project shall be constructed in accordance with the City's Green Building Ordinance
(Chapter 16.58 of the Cupertino Municipal Code). The.applicant shall obtain LEED Silver
certification or an alternative reference standard in accordance with the ordinance since the
building size is over 50,000 square feet. Third party LEED certification or alternative
reference standard is required per the ordinance criteria.
16. PUBLIC ART
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Public art shall be provided for the project in accordance with General Plan Policy 2-66 and
the City's Public Art Ordinance (Chapter 19.148 of the Cupertino Municipal Code). Per the
ordinance, the minimum expenditure for the artwork, including, but not limited to design,
fabrication, and installation is .25 percent of the total project budget, with an expenditure
cap of $100,000. The project pro forma shall be provided to the City to confirm the project
budget.
The final public art plans (including location and design) shall be reviewed by the Fine Arts
Commission during the building permit stage, in advance of final occupancy. The applicant
is required to apply for a City planning permit for the public art. Once approved by the Fine
Arts Commission, the public artwork shall be installed to the satisfaction of the City rip or to
final occupancy.
17. 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-2014-06) and Mitigation Monitoring and Reporting Program
(MMRP) for the project. The mitigation measures have been memorialized in this resolution
g project and others pertaining to the ro'ect a .
p approval.
18. ROOFTOP WIRELESS COMMUNICATIONS FACILITIES
The applicant shall work with City staff to consider designing the project to accommodate
future rooftop wireless communications, given the building height and strategic location of
the site. Design features may include,but are not limited to:
a. Larger,than required rooftop equipment screens.
b. Structural reinforcement of the roof to accept additional bearing loads.
c. Internalized telephone and power conduits to the roof since a retrofitted design often
involves cable chases on the building exteriors.
d. Reserve ground locations for base equipment enclosures/shelters.
19. RECIPROCAL ACCESS EASEMENTS
Prior to building permit issuance, the applicant shall record necessary reciprocal ingress and
egress easements between the adjoining properties to the south to run in perpetuity. The
easements shall contain a provision that it may not be modified without the prior express
written approval of the City. The easement language shall be reviewed.and approved by the
City prior to recordation with the County Recorder's Office. A financial deposit will be
required for the City Attorney's Office review time.
20. CONNECTING PATHWAY CONSTRUCTION AND PUBLIC ACCESS EASEMENT
The pathway connection on the west side of the property to the future trail along the south
side of I-280 shall be constructed to the satisfaction of the City prior to final occupancy. In
addition, prior to building_permit issuance, an easement shall be recorded on the property
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allowing public access on the property to utilize the trail connection in perpetuity per
General Plan Policy 2-73, Strategy 3.
The easement language shall be reviewed and approved by the City prior to recordation
with the County Recorder's Office. A financial deposit will be required for the City
Attorney's Office review time.
21. TRAIL STUDY AND CONSTRUCTION CONTRIBUTION
Prior to issuance of building permits or prior to final occupancy (as determined by the City),
the applicant shall contribute approximately $66,000 to administer necessary approvals and
improvements for a trail plan along an existing Santa Clara Valley Water District culvert on
the south side of I-280. If this fund is not used within five years of the project completion,
then it shall be returned to the applicant.
22. HOUSING MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR) Housing Program by
paying the housing mitigation fees prior to issuance of building 12ermits as per the Housing
- Mitigation Manual. The estimated mitigation fee for this project is $616,200.00 based on the
2014-2015 fiscal year rate of$6.00 per square foot of new above-ground hotel area.
23. SCHOOL IMPACT FEES
The applicant shall pay the applicable school impact fees assessed by the school districts
prior to issuance of building permits.
24. VOLUNTARY CONTRIBUTION PROGRAM
The applicant is encouraged to participate in the Santa Clara Valley Transportation
Authority's (VTA) voluntary contribution program to plan for the impact of future growth
on the regional transportation system. Contributions would be used to help fund regional
transportation programs that improve the transportation system to lessen future traffic
congestion, improve mobility by reducing time delays, and maintain reliability on major
roadways throughout the San Francisco Bay Area.
25. SIGN PROGRAM
Signage is not approved with this application. A separate sign program application for the
hotel and ancillary tenants is required to submitted to the City and approved prior to final
occupancy.
26. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan shall
include,but not be limited to the following:
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a. Location and design of trash facilities (i.e. trash enclosures and receptacles). Trash
enclosures shall provide ample space to include trash, recycling, food waste, and waste
receptacles along with a tallow bin.
b. Quantity of trash receptacles.
c. Primary and alternative truck routes.
d. Signage for parking stalls displaced during pick-up and delivery hours.
e. Trash pick-up schedule.
f. Loading areas (with signage/markings restricting parking in these areas during loading
times).
g. Delivery hours.
All trash facilities must be screened and enclosed to the satisfaction of the Public Works
Department. The final plan shall be submitted to the City and the City's refuse service for
review and approval prior to issuance of building permits or final occupancy, as determined
by the City.
27. 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.
28. UTILITY STRUCTURE PLAN
Prior to issuance of building permits, the applicant shall work with staff to provide a
detailed utility plan to demonstrate screening or undergrounding of all new utility
structures [including, but not limited to backflow preventers (BFP), fire department
connections (FDC), post-indicator valves (PIV), and gas meters] to the satisfaction of the
Director of Community Development, Public Works, Fire Department, and applicable utility
agencies.
29. ROOFTOP EQUIPMENT AND OTHER ABOVE-GROUND EQUIPMENT SCREENING
All mechanical and other equipment on the building or on the site shall be screened so they
are not visible from public street areas or adjoining developments. The height of the
screening shall be taller than the height of the mechanical equipment that it is designed to
screen. A line of sight plan may be required to demonstrate that the equipment will not be
visible from any public right-of-way. The location of the equipment and necessary screening
shall be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
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30. SITE LIGHTING
All new lighting must conform to the standards in the City's Parking Ordinance, and the
final lighting plan (including a detailed photometric plan) shall be reviewed and approved
by the Community Development Director prior to building permit issuance. Prior to final
occTcy, a licensed lighting consultant shall confirm that the lighting is in compliance
with the City's standards.
31. CITY ARBORIST REVIEW OF PLANS, TREE PROTECTION, AND VERIFICATION OF
NEW TREES
The existing trees to remain shall be protected during construction per the City's Protected
Tree Ordinance (Chapter 14.18 of the municipal code) and City's Consulting Arborist report
dated August 25, 2014. MM BIO-1: The applicant shall comply with Section 6.0, General
Protection Measures, 'of the arborist Report. The recommendations in this section serve as
general design guidelines to help mitigate or avoid impacts to trees being retained. These
measures are subject to revision upon reviewing the updated project design, and the
Arborist shall be consulted in the event any cannot be feasibly implemented.
Prior to rg ading or building permit issuance, the City's consulting arborist shall be retained
by the developer to review all construction permit drawings and in order to more accurately
assess the impacts to the neighboring trees. The developer shall implement any additional
recommendations and tree protection measures by the City's consulting arborist.
The tree protection measures shall be listed on the plans, and protective fencing shall be
shown 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.
Additionally,' prior to final occupancy, the City's consulting ,arborist shall be retained to
inspect the new tree plantings to ensure that they were planted properly and according to
the approved planting plan.
32. TREE PROTECTION BONDIDEPOSIT
Prior to building permit issuance, the applicant shall provide a tree protection bond or
deposit in an amount determined by the City to ensure protection of trees slated for
preservation. The bond or deposit shall be returned after completion of construction, subject
to a letter from the City Arborist indicating the trees are in good health.
33. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project
submittal per section 14.15.040.of the Landscaping Ordinance. The Water-Efficient Design
Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation Design Plans, and Water
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Budget Calculations shall be reviewed and approved to the satisfaction of the Director of
Community Development prior to issuance of building_permits.
34. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after
the landscaping and irrigation system have been installed and 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.
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."
35. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community
Development or his/her designee, either with the landscape application package, with the
landscape installation report prior to issuance of final occupancy, or any time before the
landscape installation report is submitted prior 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.
36. SOIL ANALYSIS REPORT
A soils analysis report shall document the various characteristics of the soil (e.g. texture,
infiltration rate, pH, soluble salt content, percent organic matter, etc) and provide
recommendations for amendments as appropriate to optimize the productivity and water
efficiency of the soil.
The soil analysis report shall be made available to the professionals preparing the landscape
and irrigation design plans in a timely manner either before or during the design process. A
copy of the soils analysis report shall be submitted to the Director of Community
Development as part of the landscape documentation package.
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37. GEOTECHNICAL REPORT
MM GEO-1: The applicant shall prepare and submit geotechnical reports prior to the
issuance of a building_permit. A geotechnical engineer shall sign the improvement plans and
approve them as conforming to their recommendations prior to construction. The Project
geotechnical engineer shall provide geotechnical observation during the construction, which
will allow the geotechnical engineer to compare the actual with the anticipated soil
conditions and to check that the contractors' work conforms to the geotechnical aspects of
the plans and specifications. The geotechnical engineer will prepare letters and as-built
documents, to be submitted to the City, to document their observances during construction
and to document that the work performed is in accordance with the Project plans and
specifications.
38. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS
MM NOISE-1: Prior to the issuance of building permits, the project applicant shall submit
an acoustic study to the satisfaction of the City's Community Development Director to
demonstrate that all hotel rooms meet an interior noise level due to exterior noise of 45 dBA
CNEL, consistent with State and local noise standards. The study shall be based on precise
grading and architectural plans including specific construction method details and materials
to calculate the necessary exterior to interior noise reduction of approximately 30 dBA to
achieve 45 dBA CNEL. The precise exterior to interior reduction would be determined in the
acoustical study when precise grading plans with building elevations, footprints and
architectural plans are available. The applicant will be required to incorporate into the
Project design all required noise insulation features and techniques necessary to reduce
interior noise levels to achieve the interior noise standard. To achieve the required interior
noise levels, features such as upgraded exterior ,wall and roof assemblies, upgraded
windows and exterior doors ma y e required.q uired. In addition, a "windows closed" condition
will be required with minimum supply of fresh air per UBC requirements.
39. CONTRUCTION NOISE MITIGATION MEASURES
The following construction noise mitigation measures shall be taken in order to reduce noise
event impacts to nearby receptor areas:
a.' Avoid the unnecessary idling of equipment and-stage construction equipment as far as
reasonable from residences adjacent to the site.
b. Prepare a detailed construction plan identifying the schedule for major noise-generating
construction activities.
c. Notify adjacent residents to the project site of the construction schedule.
d. Locate stationary noise generating equipment such as air compressors or portable power
generators as far as possible from sensitive receptors.
e. Construct temporary noise. barriers to screen stationary noise.. generating equipment
when located near adjoining sensitive land uses.
L _ .
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f. Utilize "quiet" air compressors and other stationary oise sources where technology
q p
rY -
exists.
g. Control noise from construction workers' radios to a point that they are not audible at
existing residences bordering the project site.
h. Designate a "noise disturbance coordinator" who would be responsible for responding to
any local complaints about construction noise. The disturbance coordinator would
determine the cause of the noise complaints (e.g., starting too early,bad muffler, etc.) and
would require that reasonable measures warranted to correct the problem be
implemented. Conspicuously post a telephone number for the disturbance coordinator
at the construction site and include it in the notice sent to neighbors regarding the
construction schedule.
40. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange fora 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
L Emergency/complaint and construction site manager contacts
41. 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.
42. 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.
i
43. HAZARDOUS MATERIAL MITIGATION DURING DEMOLITION
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The following requirements shall apply for the demolition phase of the project:
a. In conformance with state and local laws, a visual inspection/pre-demolition survey, and
possible sampling, shall be conducted prior to the demolition of on-site buildings to
determine the.presence of lead-based paint and/or asbestos-containing materials.
b. During demolition activities, all building materials containing lead-based paint shall be
removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, .
California Code Regulations 1532.1, including employee training, employee air
monitoring, and dust control. Any debris or soil containing lead-based paint or coatings
would be disposed of at landfills that meet acceptance criteria for the waste being
disposed.
c. All potentially friable ACMs shall be removed in accordance with NESHAP guidelines
prior to building demolition or,renovation that may disturb the materials. All demolition
activities will be undertaken,in accordance with Cal/OSHA standards contained in Title 8
of the CCR, Section 1529, to protect workers from exposure to asbestos.
d. A registered asbestos abatement contractor shall be retained to remove and dispose of
ACMs identified.in the asbestos survey performed for the site in accordance with the
standards stated above.
e. Materials containing more than one'percent (1%) asbestos are also subject to BAAQMD
regulations. Removal of materials containing more than one percent(1%) asbestos shall
be completed in accordance with BAAQMD requirements.
f. The project, with.the implementation of the above standard project conditions, would not
result in significant impacts from lead-based paint and ACMs.
44. DUST/PARTICULATE MATTER CONTROL
MM AQ-1: The Project's construction contractor shall comply with the following BAAQMD
Best Management Practices for reducing construction emissions of coarse particulate_matter
(PMio) and fine particulate matter (PM2.5):
a.. Water all active construction areas at least twice daily, or as often as needed to control,
dust emissions. Watering should be sufficient to prevent airborne dust from leaving the
site. Increased watering frequency may be necessary whenever wind speeds exceed 15
miles per hour (mph). Reclaimed water should be used whenever possible.
b. Pave, apply water twice daily or as often as necessary to control dust, or apply (non--
toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites.
c. Cover all trucks hauling soil, sand,.and other loose materials or require all trucks to
maintain at least two feet of freeboard (i.e: the minimum required space between the top
of the load and the top of the trailer).
d. Sweep daily (with water sweepers using reclaimed water if possible), or as often as
needed, all paved access roads, parking areas and staging areas at the construction site to
control dust.
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e. Sweep public streets daily (with water sweepers using reclaimed water if possible) in the
vicinity of the Project site, or as often as needed, to keep streets free of visible soil
material.
f. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas.
g. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles
(dirt, sand, etc.).
h. Limit vehicle traffic speeds on unpaved roads to 15 mph.
i. Replant vegetation in disturbed areas as quickly as possible.
j. Install sandbags or other erosion control measures to prevent silt runoff from public
roadways.
45. MITIGATION OF CONSTRUCTION-RELATED WATER QUALITY IMPACTS
In conformance with the City of Cupertino's Municipal Code Chapter 9.18, the project shall
implement the following standard measure to reduce construction-related water quality
impacts to a less than significant level:
• The project shall implement construction BMPs to avoid impacts to surface water quality
during construction, to the satisfaction of the Director of Public Works. Construction
BMPs would include,but would not be limited to, the following measures:
— Preclude non-stormwater discharges to the stormwater system.
— Incorporate;effective, site-specific Best Management Practices for erosion and sediment
control,during the construction period.
— Cover soil, equipment, and supplies that could contribute to non-visible pollution
prior to rainfall events or monitor runoff.
— Perform monitoring of discharges to the stormwater system.
46. MITIGATION OF POST-CONSTRUCTION WATER QUALITY IMPACTS
In conformance with the City of Cupertino's Municipal Code Chapter 9.18, the project shall
implement the following standard measures to reduce post-construction water quality
impacts to a less than significant level:
• The .project shall comply with Provision C.3 of NPDES Permit Number CAS612008,
which.provides enhanced performance standards for the management of storm water for
new development.
Prior to issuance of building and grading permits, each phase of development shall
include provision for post-construction structural controls in the project design in
compliance with the NPDES C.3 permit provisions, and shall include BMPs for reducing
contamination in storm water runoff as permanent features of the project. The project
includes the incorporation of vegetated swales, rain gardens, and flow-through planters
to treat and reduce the amount of runoff from the site.
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The specific BMPs to be used in each phase of development shall be determined based on
design and site-specific considerations and will be determined prior to issuance of
building and grading permits.
• To protect groundwater from pollutant loading of urban runoff, BMPs which are
primarily infiltration devices (such as infiltration trenches and infiltration basins) must
meet, at a minimum, the following conditions:
— Pollution prevention and source control BMPs shall be ,implemented to protect
groundwater;
Use of infiltration BMPs cannot cause or contribute to degradation of groundwater;
- Infiltration BMPs must be adequately maintained;
Vertical distance from the base of any infiltration device to the seasonal high
groundwater mark must be at least 10 feet. In areas of highly porous soils and/or
high. groundwater table, BMPs shall be subject to a higher level of analysis
(considering potential for pollutants such as on-site chemical use, level of
pretreatment, similar factors);
— Unless storm water is first treated by non-infiltration means, infiltration devices shall
not be recommended for areas of industrial or light.industrial activity; areas subject to
high vehicular traffic (25,000 or greater average daily traffic trips on main roadway or
15,000 or more average daily traffic trips on any intersecting roadway); automotive
repair shops; car washes; fleet storage areas (bus, truck, etc.);,nurseries; and other
land uses and activities considered by the City as high threats to water quality; and
Infiltration devices shall be.located a minimum of 100 feet horizontally from any
water supply wells.
• Best Management Practices (BMPs) shall be selected and designed to the satisfaction of
the Director of Public Works in accordance with the requirements contained in the most
recent versions of the following documents:
— City of Cupertino Post-Construction BMP Section Matrix;
— SCVURPPP "Guidance for Implementing Storm water Regulations for.New and
Redevelopment Projects,"
— NPDES Municipal Storm water Discharge Permit issued to the City of Cupertino by
the California Regional Water Quality Control Board, San Francisco Bay Region;
— California BMP Handbooks;
— Bay Area Stormwater Management Agencies Association (BASMAA) "Start at the
Source" Design Guidance Manual;
— BASMAA "Using Site Design Standards to Meet Development Standards for Storm
water Quality—A Companion Document to Start at the Source;" and
— City of Cupertino Planning Procedures Performance Standard.
• To maintain effectiveness, all storm water treatment facilities shall include long-term
maintenance programs.
Resolution No.14-202
Page 15
• The applicant, the project arborist and landscape architect, shall work with the City and
the SCVURPPP to select pest resistant plants to minimize pesticide use, as appropriate,
and the plant selection will be reflected in the landscape plans.
47. CULTURAL/PALEONTOLOGICAL RESOURCES DISCOVERIES DURING
CONSTRUCTION
MM CUL-1: If historic/prehistoric artifacts or human remains are discovered during ground
disturbing activities, the following measures will be implemented:
a. In compliance with State law (Section 7050.5 of the Health and Safety Code and Section
5097.94 of the Public Resources Code), in the event human remains are encountered
during grading and construction, all work within 50 feet of the find will stop and the
Santa Clara County Coroner's office will be notified. If the remains are determined to be
Native American, the Coroner would notify the Native American Heritage Commission
to identify the "Most Likely Descendant" (MLD). The City of Cupertino, in consultation
with the MLD, would then prepare a plan for treatment, study, and re-internment of the
remains.
b. In compliance with State law (Section 7050.5 of the Health and Safety Code and Section
5097.94 of the Public Resources Code), in the event that historical artifacts are found, all
work within 50 feet of the find will stop and a qualified archaeologist will examine the
find. All significant artifacts and samples recovered during construction would be
cataloged and curated by a qualified archaeologist and placed'in an appropriate curation
facility. The archaeologist must then submit a plan for evaluation of the resource to the
City of Cupertino for approval. If the evaluation of the resource concludes that the found
resource is eligible for the California Register of Historic Resources, a mitigation plan
must be submitted to the City of Cupertino for approval. The mitigation plan must be
completed before earthmoving or construction activities can recommence within the
designated resource area.
c. MM CUL-2: If paleontological remains are uncovered, work at the place of discovery
shall be halted immediately until a qualified archaeologist can evaluate the finds.and
determine the significance of the resource. Construction activities shall not recommence
until the expert has issued an opinion about the resource and appropriate mitigation has
been determined.
48. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to the proposed project for additional conditions and requirements. Any misrepresentation
m invalidate an approval b the Community ,Development
of any submitted data may pp y ty p
Department.
49. INDEMNIFICATION
Resolution No.14-202
Page 16
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.
50. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
Building Division:
51. INFORMATION TO PROVIDE ON CONSTRUCTION PERMIT PLANS
The applicant shall submit construction drawings to the City for review, including, but not
limited to the following information on the construction permit plans:
a. Indicate a clear (with a bold arrow line) accessible path of travel to the Wolfe Road
sidewalk from the main entrance.
b. Electrical room doors shall open towards the egress direction and shall have panic
hardware.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. CONTRIBUTION TO WOLFE ROAD CORRIDOR IMPROVEMENT PROTECT
The property owner of the project site will be required to provide a financial contribution to
the Wolfe Road Corridor Improvement Project when the project is established by the
City. The contribution will be based on the project's fair-share portion of the improvements
as established by the Wolfe Road Corridor Study,which will be conducted subsequent to the
adoption of the City's 2040 General Plan. The project study area will encompass the portion
of Wolfe Road between Vallco Parkway and Homestead Road. The scope of the
improvements will be based on findings from the Wolfe Road Corridor Study and may
include widening of Wolfe, Road, Wolfe Road bridge and modifications to the Wolfe
Road/Highway 280 interchange. The financial contribution may require formation of a
Wolfe Road Corridor Assessment District or other mechanism.
Resolution No.14-202
Page 17
2., ACCESSIBLE PATH OF TRAVEL
Developer shall demonstrate that the site has an accessible path of-travel to Wolfe Road. If
an accessible path of travel cannot be demonstrated, the developer will be responsible for
constructing improvements to provide an accessible path.
3. CROSSWALK TO VALLCO SHOPPING MALL
Developer shall provide a crosswalk across Perimeter Road to the Vallco Shopping Mall to
the satisfaction of the City Engineer.
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 g utters 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
Resolution No.14-202
Page 18
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 shall submit detailed plans showing utility underground provisions. Said plans
shall be subject to prior approval of the affected Utility provider and the City Engineer.
11.BICYCLE PARKING
Developer shall.provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
12. IMPROVEMENT AGREEMENT
The project developer shall enter into a development:agreement with the City of Cupertino
providing for payment of fees, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees and fees for under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits
Fees:
a. Checking &Inspection Fees: $;Per current fee schedule ($4,183.00 or 6%)
b. Grading Permit: $Per current fee schedule ($2,435.00 or 6%)
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 17,021.44+/
e. Power Cost:
f. Map Checking Fees: $Per current fee schedule (N/A)
g. Park Fees: $Per current fee,schedule (N/A)
h. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor &Material Bond: 100% of Off-site and On-site Improvements
On-site Grading Bond: 115% 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..
L
Resolution No.14-202
Page 19
13. 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.
14. 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.
15. 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.
16. 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.
17. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000
S.F. or more of impervious surface (collectively over the entire project site). The developer
shall reserve a minimum of 4% of developable surface area for the placement of low impact
.development measures, for storm water treatment, on the tentative map, unless an
alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the
City Engineer.
The developer must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BMPs), which must be designed per
approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities
Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and
certification of ongoing operation and maintenance of treatment BMPs are each required.
Resolution No.14-202
Page 20
All storm water management plans are required to obtain certification from a City approved
third party.reviewer.
18. EROSION CONTROL PLAN
Developer shall 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.
19. 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.
20. 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.
21. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be.
approved by the City. The plan shall include a temporary traffic control plan,for work in the
right of way as well as a routing plan for all vehicles used during construction. All traffic
control signs must be reviewed and approved by the City prior to commencement of work.
The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for
all signage and striping work throughout the City.
22. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
23. 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).
24. TRASH, RECYCLING, AND COMPOST RECEPTACLES
The developer or business owner is required to install public bins 30 gal) side-by-side for
trash, recycling, and composting, adjacent to the development or business to control
Resolution No.14-202
Page 21
pedestrian litter at the site. The type and location of the receptacles are subject to the
approval of the Environmental Programs Manager (CMC 9.18.210 P).
25. TRASH, RECYCLING, AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's Guidelines for Non-
Residential Building .Trash and Recycling Enclosure, and to the satisfaction of the
Environmental Programs Manager. Modifications to existing facilities shall, to the maximum
extent possible, meet the City's guidelines and shall be subject to the approval of the Public
Works Director. Clearance.by the Public Works Department is needed prior to obtaining a
building permit(CMC 9.18.210 H&K).
26. REFUSE TRUCK ACCESS
Developer shall obtain clearance from the Environmental Programs Manager in regards to
refuse truck access to the proposed development, and trash, recycling, and compost
enclosures. Plans for access must be reviewed and approved by the City's franchised refuse
collector.
27. 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.
28. FIRE PROTECTION
Fire sprinklers shall be installed in any.new construction to the approval of the City.
i
29. 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).
30. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
31. STREAMSIDE PERMIT
Prior to issuance of a building permit, the developer shall provide plans and information
that satisfies the requirements of the Stream Side Permit as set forth by the Santa Clara
Valley Water Resources Protection Collaborative. These items include, but are not limited
to, topographic survey, specific measures to protect streams and/or water bodies from water
quality impacts, coordination with all interested jurisdictional agencies, etc.
Resolution No.14-202
Page 22
32. CALIFORNIA WATER SERVICE COMPANY CLEARANCE,
Provide California Water Service Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before issuance of a building
permit approval.
33. 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 beneath the property.
34. SANITARY DISTRICT
'A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
35. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
AT&T, and California 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. REVIEW LIMITED TO ACCEPTABILITY OF SITE ACCESS AND WATER SUPPLY
Review of this development proposal is limited to acceptability of site access- and water
supply as they pertain to fire department operation, and shall not be construed as a '
substitute for formal plan review to determine compliance with adopted model codes. Prior
to performing any work, the applicant shall make application to, and receive from, the
Building Department all applicable construction permits.
2. WATER INFRASTRUCTURE
The applicant is advised that current water infrastructure should be carefully analyzed by a
qualified consultant to determine if adequate flow and pressure can be achieved without
significant upgrades to the existing system. Please consult with the California Water Service
regarding this issue.
,3. WIDER TURNING RADIUS
The proposed east turn of the accessible path of travel shown on Sheet A-0.1 does not appear
to provide the required turn radius, particularly as there may be a change of grade at that
point. This must be changed to ensure adequate access is maintained for the entire site.
4. FIRE SPRINKLERS REQUIRED
Resolution No.14-202
Page 23
Approved automatic sprinkler systems in new and existing buildings and structures shall be
provided in the locations described in this section or in Sections 903.2.1 through 903.2.18,
whichever is the more restrictive. For the purposes of this section, firewalls used to separate
building areas shall be constructed in accordance with the California Building Code and
shall be without openings or penetrations. NOTE: The owner(s), occupant(s), and any
contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of
record in order to determine if any modification or upgrade of the existing water service is
required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations,,a completed permit application and appropriate fees to this department for
review and approval prior to beginning their work. Sections 903.2 as adopted in Section 16-
40-210 of the CMC.
5. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection
water supplies. It is the responsibility of the, applicant and any contractors and
subcontractors to contact the water purveyor supplying the site of such project, and to
comply with the, requirements of that purveyor. Such requirements shall be incorporated
into the design of any water-based fire protection system, and/or fire suppression water
supply systems or storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and
Safety Code 13114.7.
6. HOSE VALVES/STANDPIPES REQUIRED
Hose valves/standpipes shall be installed as per the 2010 CFC Sec. 905, or where emergency
access has been deemed minimal, shall be equipped with standpipes designed per NFPA
Std. #14, and be equipped with 2 1/2" hose valves, located within the stair enclosure(s). Note
specifically, within parking structures at stairwells. Standpipe systems shall be installed in
accordance with this section and NFPA 14 as amended by Chapter 47 and shall be manual
wet.
7. PUBLIC FIRE HYDRANT(S) REQUIRED
Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department
and California Water Service. Maximum hydrant spacing shall be 250 feet, with a minimum
single hydrant flow of 2,750 GPM at 20 PSI, residual. Fire hydrants shall be provided along
required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix
B, Table B105.1 and Appendix C.
8. FIRE DEPARTMENT ACCESS
Resolution No.14-202
Page 24
Sec. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet, exclusive of shoulders, except for approved security gates in accordance
with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet, 6 inches.
Sec. 503.2.2 Authority. The fire code official shall have the authority to require an increase in
the minimum access widths where they are inadequate for fire or rescue operations.
Sec. 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support
the imposed loads of fire apparatus and shall be surfaced so as to provide all weather
driving capabilities.
Sec. 503.2.4 Turning Radius. The required turning radius of fire apparatus access road shall
be determined by the fire code official.
Sec. 503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length
shall be provided with an approved area for turning around fire apparatus.
AERIAL FIRE APPARATUS ACCESS ROADS
Where required: Buildings or portions of buildings or facilities exceeding 30 feet in height
above the lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire apparatus access
roadway.
Width: Fire apparatus roads shall have a minimum unobstructed width of 26 feet in the
immediate vicinity of any building or portion of buildings more than 30 feet in height.
Proximity to building_ At least one of the required access routes meeting this condition shall
be located within a minimum of 15 feet and a maximum of 30 feet from the building, and
shall be positioned parallel to one entire side of the building, as approved by the fire code
official. -
9. MARKING
Where required by the fire code official, approved signs or other approved notices or
markings that include the words NO PARKING — FIRE LANE shall be provided for fire
apparatus access roads to identify such roads or prohibit the obstruction thereof. The means
by which fire lanes are designed shall be maintained in a clean and legible condition at all
times and be replaced or repaired when necessary to provide adequate visibility. CFC Sec.
503.3.
10. CONSTRUCTION SITE FIRE SAFETY
Resolution No.14-202
Page 25
All construction sites must comply with applicable provisions of the CFC Chapter 33 and
County Fire Standard Detail and Specification SI-7. The owner shall designate a person to be
the fire prevention program superintendent who shall be responsible for the fire prevention
program and ensure,that it is carried out through completion of the project. A written plan,
that includes specific information about temporary standpipes, fire sprinkler activation on
each floor during construction, fire watch, and emergency procedures, must be submitted to
County Fire. Provide appropriate notations on subsequent plan submittals, as appropriate to
the project. CFC Chp. 33.
11. ADDRESS 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. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall be a minimum of four inches high with a minimum
stroke width of 0.5 inch. Where access is by means of a private road and the building cannot
be viewed from the public right-of-way, a monument, pole, or other sign or means shall be
used to identify the structure. CFC Sec. 505.1.
12. CONSTRUCTION PLAN NOTES
To prevent plan review and inspection delays, the above noted Development Review
Conditions shall be addressed as "notes" on.all pending and future plan submittals and any
referenced diagrams to be reproduced onto the future plan submittal.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT
1. SANITARY SEWER AVAILABILITY
Sanitary sewer service is available for the project subject to final review and approval of the
design, including payment of all fees. Connection to the existing system will be reviewed
with the design plan submittal.
2. SANITARY SEWER TRUNK LINE
The Wolfe Road sanitary sewer trunk line has been identified as being at capacity. The
District will require hydraulic calculations from the intersection of Wolfe Road at Stevens
Creek to Wolfe Road downstream at Pruneridge. The design criterion is 2/3 full at wet
weather flow.
3. LATERAL CONNECTION
The plans shall show the new lateral connection with elevations from the sewer
main/manhole to the proposed cleanout within five feet of the property line.
4. FEES AND PERMITS
Cupertino Sanitary District Fees and Permits shall be required for the subject improvements.
Resolution No.14-202
Page 26 f
5. INSTALLERS' AGREEMENT
The applicant shall enter into an installers' agreement with the District which will cover
design and construction of sewers, necessary right of way/easements, payment for all fees
and costs, furnishing bonds and indemnity.
SECTION VII: CONDITIONS ADMINISTERED BY CALIFORNIA WATER SERVICE
1. WATER SERVICE
An eight-inch main line exists on Perimeter Road, which is anticipated to provide sufficient
capacity for the-site.
2. WATER LINE EASEMENT
The main line is required to be extended from Perimeter Road to the project site. Therefore,
an easement is required on the property to accommodate this extension.
3. BACKFLOW PREVENTION DEVICE
A backflow prevention device (BFP) shall be located near the water main near Perimeter
Road. Any screening enclosures must meet required clearances on all four sides. Variances
may be considered for greater BFP distances from the water meter.
4. ADDITIONAL REQUIREMENTS
a. Clarify whether there is a dedicated irrigation service. It is assumed the irrigation service
is from the domestic water line.
b. Size fire water line based on a single tap. A second tap will not be approved.
c. Both services will require RPs, and both lines will need to have boosting capability
factored in.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 21st day of October, 2014,by the following roll call vote:
AYES: Wong, Chang, Mahoney, Santoro
NOES: Sinks
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt Gil ert Wong, Mayor
City Clerk City of Cupertino