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CC Resolution No. 16-065 Approving Development Permit to Allow the Demolition of a 342 Unit Apartment Complex (The Hamptons) and the Construction of a 942 Unit Apartment Complex in a Planned Development Residential Zoning DistrictRESOLUTION NO. 16-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF A 342 UNIT APARTMENT COMPLEX (THE HAMPTONS) AND THE CONSTRUCTION OF A 942 UNIT APARTMENT COMPLEX IN A PLANNED DEVELOPMENT RESIDENTIAL ZONING DISTRICT LOCATED AT 19500 PRUNERIDGE A VENUE AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Property Owner: Location: DP-2015-04 and File No. EA-2015-03 Carlene Matchniff (The Irvine Company) IAC at Cupertino LLC 19500 Pruneridge Ave (APN: 316-06-032, 316-06-037) SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, 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 reviewed the Mitigated Negative Declaration; and WHEREAS, the Planning Commission held a public hearing on May 10, 2016 and recommended that the City Council approve the application, subject to conditions, and adopt the 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; The project site is located in an area designated for residential land uses in the General Plan and would contribute to additional improvements to the area, including biC1jcle and pedestrian linkages. The project is designed to minimize impact upon the surrounding community and the environment. Centrally located amenities and recreation areas promote u se of on-site resources, which increases opportunities for a sens e of community and reduction of vehicle miles traveled. The spaces between buildings are activated with a series of interior walkways, courtyards on all quadrants, and amenity spaces. These spaces also provide visual relief gathering places , and walking/biking pro x imity and accessibility to Apple Campu s 2 and other off-site Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 resources . The design elements support the intent of attracting a demographic that prefers to be less dependent on cars and a more active lifestyle, which promotes public health. b) The proposed development will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of the City's zoning ordinances. The proposed development will be located on parcels identified within the General Plan as part of the North Vallco Gateway, located within North Vallco Park special planning area. The North Vallco Park area is envisioned to become a sustainable office and campus environment surrounded by a mix of connected, high- qualitt; and pedestrian-oriented neighborhood center, hotels and residential uses . Taller heights may be allowed in the North Vallco Gateway per the Land Use and Community Design Element and additional residential development may be allowed per the Housing Element. The proposal is consistent with height, setback, density and unit count prescribed within the General Plan . The site is within a planned development zoning district that allows multi-family residential development ("P (Res)"). Therefore the residential proposal is consistent with the purpose of the City's zoning ordinance . 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, 1. The application for a Development Permit, Application no. DP-2015-04 is hereby approved; and 2. A mitigated negative declaration with a mitigation monitoring report (file no . EA-2015-03) is hereby adopted; 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 .(s) DP-2015-04 and EA-2015-03 as set forth in the Minutes of the City Council Meeting of June 21, 2016, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. In the event of any conflict between any of the following conditions of approval and the development agreement (DA-2015-01), the development agreement shall control. 1. APPROVED EXHIBITS Approval recommendation is based on (1) the architectural, civil, landscape and signage plan set dated received January 29, 2016 consisting of ninety (90) sheets labeled "The Hamptons Redevelopment" and prepared by Arquitectonica, BKF, Olin and RSM Design; (2) colors and materials board dated October 13, 2015 and prepared by Arquitectonica; (3) perspective exhibits labeled "Amenity Deck Views" dated July 29, 2015 prepared by Arquitectonica; except as may be amended by conditions in this resolution. 2 . CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. DP-2015-04, EA-2015-03, ASA-2015-13, U-2015-05, TR-2015 -21, DA-2015-01, and shall be applicable to this approval. Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 3. DEVELOPMENT APPROVAL AND PROJECT AMENDMENTS Development Permit approval is granted for 942 new apartment units and demolition of the existing 342 unit apartment complex. The Planning Commission shall review amendments to the project considered major by the Director of Community Development. 4. 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. 4. ODOR ABATEMENT SYSTEMS Odor abatement systems shall be installed for all new eating establishments and common food preparation areas. The design of the odor abatement system will be finalized at the building permit stage. Equipment associated with the odor abatement systems shall be appropriately screened if visible from the public right-of-way. 5. LOTLINES As applicable, a lot line adjustment shall be processed as a separate application to meet the requirements of the California Building Code and to meet the specific terms of the development agreement regarding a lot tying agreement, which shall be reviewed by the city attorney's office prior to the issuance of a demolition permit. 6. SIGNAGE AND SIGN PROGRAM Signage is not approved with this application. A separate sign program and building permit shall be required prior to the installation of any signage. Signage shall conform to the regulations stipulated in the City's Sign Ordinance, unless otherwise approved with a sign program. 7. PUBLIC ART REQUIREMENT The final design, display, and location of the public art shall be brought before the Fine Arts Commission for review and approval. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, is one-quarter of one percent, with an expenditure cap of one hundred thousand dollars. 8. HOUSING MITIGATION For residential projects, a housing mitigation fee is required and must be paid as defined within Section 4.1.1 of the development agreement. 9. TRAFFIC MITIGATION The applicant shall contribute a fair share amount according to specified terms of the development agreement pertaining to traffic impact fees. 10 . CONDOMINIUMIZA TION Parcelization/condominiumization of units is not approved as part of this project. Any proposed changes to the map shall require further City review and approval. Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21 , 2016 11. CIRCULATION AND PARKING REQUIREMENTS The project shall maintain the total amount of proposed parking of 1696 car parking stalls at the ratio of 1.8 spaces per unit and 377 bicycle parking stall. Changes to the number of provided parking stalls will require further City review and approval. 12. BICYCLE PARKING CLASS All provided bicycle parking shall be identified as Class 1 bicycle parking and be consistent with the City's requirements to the satisfaction of Director of Community Development. 13. SITE LIGHTING All new lighting must conform to the standards in the Parking Regulations Ordinance, and the final lighting plan (including a detailed photometric plan) shall be reviewed and approved by the Director of Community Development prior to building permit issuance. A report from a licensed lighting engineer may be required to confirm all exterior lighting throughout the site complies with the City's Ordinance. 14. ROOFTOP EQUIPMENT SCREENING All mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. A line of sight plan may be required to demonstrate that the equipment will not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 15. SCREENING OF UTILITY STRUCTURES All new utility structures shall be located underground or screened from public view to the satisfaction of the Director of Community Development and the Public Works Department. 16. NOISE LEVELS AND ABATEMENT Project construction and use shall comply with the City's Community Noise Control Ordinance at all times . Should the project exceed any of the stipulated maximum noise levels outlined in the City's Community Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfaction of the Director of Community Development at the applicant's expense. 17. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN A demolition and construction management plan shall be submitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applicant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, and Public Works) to review the prepared construction management plan, to ensure that construction complies with the conditions of approval, staging of construction equipment is appropriate, tree protection measures are in place, public access routes are identified is defined, and noise and dust control measures are established. Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21 , 2016 18. CONSTRUCTION HOURS Construction activities shall be limited to Monday through Friday, 7 am to 8 pm and Saturday and Sunday, 9 am to 6 pm. Construction activities are not allowed on holidays . Maximum noise levels are delineated in the City's Community Noise Control Ordinance. The developer shall be responsible for educating all contractors and subcontractors of said construction restrictions. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of a developer appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. 19. DEMOLITION REQUIREMENTS All demolished building and site materials shall be recycled to the maximum extent feasible subject to the requirements of the Building Official and Chapter 16.72 of Cupertino Municipal Code. The applicant shall provide evidence that materials were recycled prior to issuance of final demolition permits. 20. DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project to prevent visible dust emissions from leaving the site: a) Water all active construction areas at least twice daily and more often during windy periods to prevent visible dust from leaving the site; active areas adjacent to w indy periods; active areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets . e) The applicant shall incorporate the City's construction best management practices into the building permit plan set. 21. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Per the mitigation measures outlined in the Mitigation Monitoring and Reporting Program based on the Initial Study dated April 15, 2016, titled "Initial Study and Mitigated Negative Declaration, The Hamptons Redevelopment Project," prepared by PlaceWorks and adopted as Mitigated Negative Declaration EA-2015-03, the following is an outline of mitigation measures that apply: a. Mitigation Measure AO-la: The project's construction contractor shall comply with the following Bay Area Air Quality Management District (BAAQMD) Best Management Practices (BMPs) for reducing construction emissions of fugitive dust (PMlO and PM2.5): • 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. Reclaimed water should be used whenever possible. Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 • 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. • 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). • 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. • 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. • Hydroseed or apply non-toxic soil stabilizers to inactive construction areas. • Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). • Limit vehicle traffic speeds on unpaved roads to 15 miles per hour (mph). • Replant vegetation in disturbed areas as quickly as possible. • Install sandbags or other erosion control measures to prevent silt runoff from public roadways b. Mitigation Measure AO-lb: During construction, the construction contractor(s) shall use construction equipment fitted with engines that meet the United States Environmental Protection Agency (US EP A)-Certified Tier 3 emissions standards for equipment of 50 horsepower or more. The construction contractor shall maintain a list of all operating equipment in use on the project site for verification by the City of Cupertino Building Division official or their designee. The construction equipment list shall state the makes, models, and number of construction equipment onsite. Equipment shall properly service and maintain construction equipment in accordance with the manufacturer's recommendations. The construction contractor shall also ensure that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with CARB Rule 2449 . Prior to issuance of any construction permit, the construction contractor shall ensure that all construction plans submitted to the City of Cupertino Planning Department and/or Building Division clearly show the requirement for US EPA Tier 3 or higher emissions standards for construction equipment over 50 horsepower. c. Mitigation Measure AQ-2: Implement Mitigation Measure AQ-lb . d. Mitigation Measure BI0-1: Nests of raptors and other birds shall be protected when in active use, as required by the federal Migratory Bird Treaty Act and the California Department of Fish and Game Code. If construction activities and any required tree removal occur during the breeding season (February 1 and August 31), a qualified biologist shall be required to conduct E;urveys prior to tree removal or construction activities . Preconstruction surveys are not required for tree removal or construction activities outside the nesting period . If construction would occur during the nesting season (February 1 to August 31), preconstruction surveys shall be conducted no more than 14 days prior to the start of tree removal or construction. Preconstruction surveys shall be repeated at 14-day intervals until construction has been initiated in the area after which surveys can be stopped. Locations of active nests containing viable eggs or young birds shall be documented and protective measures implemented under the direction of the qualified biologist until the nests no longer Resolution No . 16-065 DP-2015-04 and EA-2015-03 June 21 , 2016 contain eggs or young birds. Protective measures shall include establishment of clearly delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange construction fencing or equivalent) around each nest location as determined by a qualified biologist, taking into account the species of birds nesting, their tolerance for disturbance and proximity to existing development. In general, exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for passerines and other birds. The active nest within an exclusion zone shall be monitored on a weekly basis throughout the nesting season to identify signs of disturbance and confirm nesting status. The radius of an exclusion zone may be increased by the qualified biologist if project activities are determined to be adversely affecting the nesting birds. Exclusion zones may be reduced by the qualified biologist only in consultation with California Department of Fish and Wildlife. The protection measures shall remain in effect until the young have left the nest and are foraging independently or the nest is no longer active . e. Mitigation Measure CULT-1: If any prehistoric or historic subsurface cultural resources are discovered during ground-disturbing activities, all work within 50 feet of the resources shall be halted and a qualified archaeologist shall be consulted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, representatives from the City and the archaeologist would meet to determine the appropriate avoidance measures or other appropriate mitigation. All significant cultural materials recovered shall be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. In considering any suggested mitigation proposed by the consulting archaeologist to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, proposed project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) would be instituted. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out. f. Mitigation Measure CULT-2 : In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within 50 feet of the find shall be temporarily halted or diverted . The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed, in accordance with Society of Vertebrate Paleontology standards (Society of Vertebrate Paleontology 1995), evaluate the potential resource, and assess the significance of the finding under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project based on the qualities that make the resource important. The excavation plan shall be submitted to the City for review and approval prior to implementation. g. Mitigation Measure GE0-1: The project applicant sh<;ill adhere to the seismic design criteria for the maximum estimated ground shaking (i.e ., peak ground acceleration of 0.58 gravity (g) as recommended in the recent 2015 geotechnical investigation for the proposed project. Resolution No . 16-065 DP-2015-04 and EA-2015-03 June 21 , 2016 h. Mitigation Measure GE0-2: Prior to issuing building permits, the City shall require the project applicant to consult with a corrosion protection engineer in order to develop specific recommendations regarding corrosion protection for buried metal pipe or buried metal pipe- fittings. The project applicant shall implement the recommendations during construction to be verified by the City's Building Department. 22. 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. 23. NOTICE OF FEES, DEDICATIONS, RES ERV A TIO NS 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. 24. CONSUL TING ARCHITECT REVIEW The applicant shall incorporate the final comments of the consulting architect dated September 15, 2015 as follows, which shall be reviewed by the City's consulting architect prior to application and issuance of a building permit: a. The water feature should be sized appropriately given the severe drought conditions . b. A stronger connection between the arrival plaza and the first amenity level should be introduced. c. Program elements such as the bicycle hub and residential amenity areas should be well grounded with a mix of elements that ensure the vitality of public plaza areas. Site furnishings should be identified to define spaces for interaction. 25. CITY ARBORIST REVIEW Prior to issuance of a demolition permit, a peer review of the tree management plan shall be conducted to confirm condition of trees slated for preservation or transplant, review replacement plantings, verify installation of tree protection measures prior to demolition, grading or other site work. The project arborist shall provide an installation report prior to final sign-off of the building permit by the Planning Division. 26. TRANSPORTATION DEMAND MANAGEMENT (TDM) Developer shall fund and fully implement the TDM Program pursuant to Section 5.1.3 of the development agreement. 27. ANNUAL REPORT The applicant and/or other designated representative for the project, such as the transportation coordinator, shall file an annual report to the Community Development Director on January 31 51 of Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21 , 2016 each y ear, detailing the progress of the terms within the development agreement and conditions of approval. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 28. WOLFE ROAD CORRIDOR IMPROVEMENT CONTRIBUTION The developer will provide a financial contribution to the Wolfe Road Corridor Improvement Project pursuant to Section 5.1.1.3 of the development agreement. The scope of the improvements may include widening of Wolfe Road, modifications or replacement of the Wolfe Road overcrossing, and modifications to the Hwy 280/Wolfe Road interchange. 29. MEDIAN IMPROVEMENTS The developer shall retrofit the street median to be consistent with the recent improvements performed on the Wolfe Road medians located between Pruneridge A venue and Homestead Road. The development application plans shall show this work, and shall clearly indicate all of the trees that will be removed due to facilitate the median improvements. Planting plans and irrigation plans will be required prior to issuance of permits for the project, unless permitted otherwise by the Director of Public Works. 30. RECLAIMED WATER As defined in Section 5 .1.1.2 of the development agreement, the developer may be required, at the discretion of the Director of Public Works, to extend a reclaimed water main from the intersection of Wolfe and Homestead Roads. 31. LOT MERGER Pursuant to Section 7.1 of the development agreement, if the developer has not obtained an approved lot line adjustment prior to approval of the building permit, a lot merger will be required. Proposed building cannot straddle between parcel lines. 32. STREET WIDENING Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 33 . 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. For the proposed emergency access off of Wolfe Road, Public Works recommends a mountable curb rather than a standard driveway. Details to be addressed at the street improvement plan stage. 34. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicy cle related improvements consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the City Engineer. Resolution No. 16-065 DP-2015-04 and EA-201 5-03 June 21, 2016 35. 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. 36. 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. 37. 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. 38. All storm drain inlets shall be clearly marked with the words "No Dumping -Flows to Creek" using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. 39. BICYCLE PARKING The developer shall provide bicycle parking consistent with the City's requirements to the satisfaction of the City Engineer. 40. 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, unless an alternative storm water treatment plan, that satisfies C.3 requirements, is approved by the City Engineer. • The project is located in a Hydromodification Management (HM) area and will create and/or replace one acre or more of impervious surface. The project must comply with the Post- Construction Hydromodification Management requirements which entail HM projects to demonstrate that post-project runoff does not exceed estimated pre-project runoff rates and durations. Resolution No . 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 • 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. 41. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City's "Public Works Guidelines posted at www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs Manager. Clearance by the Public Works Department is required prior to obtaining a building permit. (CMC 9.18.210 H & K) The following items must be met: • All three trash compactors must be enclosed by a roof with a minimum of 24' clearance. Roof clearance is needed to service compactors without dragging on pavement from enclosure. • Compression pad in front of compactors must be reinforced concrete to withstand truck wear and prevent pavement damage. • Compactor trash enclosure must be sufficiently insulated with sound attenuating materials to meet municipal code sound level thresholds during operation (50 dBA day and 60 dBA night). Environmental Programs staff recommends that Planning Division require an acoustical engineering report to demonstrate code compliance. • Applicant must install sanitary sewer clean out at all locations where fire sprinkler safety tests are conducted since there will be not be sufficient landscaping to discharge test water. Alternatively, discharged test water may be collected in a tank truck for re-use as landscape irrigation water. If the latter is chosen, written agreement by the property owner must be provided and a copy maintained on-site and filed with the Environmental Programs Division. 42. OPERA TIO NS & 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. 43. 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. 44 . TRANSFORMERS To the extent allowed by PG&E and other utility providers, electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. The developer must receive Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 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. The developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any transformers in the front and side building setback area. 45. 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. 46. 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. 47. 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. 48. 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. 49. 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. 50. 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. 51. 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. Resolution No . 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 52. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 53 . 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). 54. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 55. 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. 56. DEDICATION OF WATERLINES Developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with California Water Services Company for water service to the subject development. 57 . 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. 58. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 59 . 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. AERIAL FIRE APPARATUS ACCESS ROADS 1. Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and pow er lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed w idth of 26 feet (7925) in the immediate v icinity of any building or por tion of building more than 30 feet (9144 mm) in height. 3 . Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official. CFC Sec. 503 and SCCFD SD&S A-1 2. FIRE ENGINE ACCESS 1. Minimum clear width: The minimum clear width of fire department access roads shall be 20 feet. Modifications to the design or width of a fire access road, or additional access road(s) may be required when the fire code official determines that access to the site or a portion thereof may become compromised due to emergency operations or nearby natural or manmade hazards (flood prone areas, railway crossings, bridge failures, hazardous material-related incidents, etc.) 2. Access and loading: Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road (including bridges and culverts) with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg) or as otherwise determined by the fire code official. 3. Minimum clear height: Vertical clearance over required vehicular access roads and driveways shall be 13'6". 4. Grade: Maximum grade shall not exceed 15% (6.75 degrees). 5. Turn Radius (circulating): The minimum outside turning radius is 42 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. 6. Turning Radius (Cul-de-sacs): The minimum outside turning radius is 36 feet. Use of cui-de-sacs is not acceptable where it is determined by the Fire Department that Ladder Truck access is required, unless greater turning radius is provided . 7. Turnarounds: Turnarounds are required for all dead end roadways with a length in excess of 150 feet. The turnaround details shown in this document are intended to provide a general design concept only. Modifications or variations of these designs may be approved by the Fire Department on a case-by-case basis. All turnaround designs submitted for Fire Department review shall meet all previously stated requirements. These details are applicable when a 36-foot minimum turning radius for dead ends is specified. These details are not applicable where turning radius greater than 36 feet is specified or when a circulating radius is specified. 8. Dead ends: Dead-end fire apparatus access roads in excess of 150 feet (45720 mm) shall be provided with width and turnaround provisions as determined by the fire code official. 9. Parking: When parking is permitted on streets, in both residential/commercial applications, it shall conform to the following: -parking is permitted on both sides of the street with street widths of 36 feet or more -parking is permitted on one side of the street with street widths of 28-35 feet -no parking is permitted when street widths are less than 28 feet NOTE: Rolled curbs can be part of the curb I sidewalk and used to increase the roadway width with approval from the fire code official. Additional requirements may apply for buildings 30 feet in height or greater. See requirements under AERIAL FIRE APP ARTUS ACCESS ROADS. 10. Access to a hydrant: Fire hydrants located on a public or private street, or on-site, shall have an unobstructed clearance of not less than 30 feet (15 feet either side of hydrant), in accordance with California vehicle code 22514 . Marking shall be per California vehicle code 22500.111. Traffic calming: Traffic calming devices and the design thereof shall be approved by the fire department. CFC Sec. 503 and SCCFD SD&S A-1 3. TIMING OF REQUIRED ROADWAY INST ALLA TIO NS Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21 , 2016 Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501 4. PRIVATE ON-SITE FIRE HYDRANT(S) REQUIRED (NOTE: Exact square footage of new residential buildings is not provided) Provide private on-site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 600 feet, with a minimum acceptable flow of TBD GPM at 20 psi residual pressure. Prior to design, the project civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. CFC Sec. 507, and Appendix B, Table B105.1 and Appendix C 5 . FIRE SPRINKLERS REQUIRED Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. An automatic sprinkler system shall be provided throughout all new buildings and structures. Exception: Group A, B, E, F, I, L, M, S and U occupancy buildings and structures that do not exceed 1,000 square feet of building area and that are not located in the Wildland-Urban Interface Fire Area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by CUPMC 6. POTABLE WATER SUPPLIES Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractor s to contact the water purv eyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2007 CFC Sec. 903 .3.5 and Health and Safety Code 13114.7 7. TIMING OF REbUIRED WATER SUPPLY INST ALLA TIO NS Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit Resolution No. 16-065 DP-2015-04 and EA-2015-03 June 21, 2016 issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 8. CONSTRUCTION SITE FIRE SAFETY All construction sites must comply with applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification SI-7. 9. EMERGENCY ESCAPE AND RESCUE Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 1029 10. PREMISES IDENTIFICATION Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visib le and legible from the street or road fronting the property. Numbers shall contrast with their background. CFC Sec. 505 SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY DISTRICT 1. SANITARY SEWER AVAILABILITY Sanitary sewer is currently available for the subject parcel. 2 . IMPROVEMENT PLANS Improvement plans shall be submitted to the District for review and comments. 3. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the 21 51 day of June 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Grace Schmidt City Clerk Members of the City Council: Vaidhyanathan, Paul, Sinks, Wong None None Chang ,J,.,PR~VED: . ~~V~~~ Savita Vaidhyanathan Vice Mayor, City of Cupertino