CC Resolution No. 17-058 Approving Development Permit Allowing Construction of 19 Unit Affordable Housing (Charities Housing) on Vacant Parcel Located 19160 Stevens Creek Blvd. APN 375-07-001 RESOLUTION NO. 17-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT ALLOWING THE
CONSTRUCTION OF A 19 UNIT AFFORDABLE SENIOR HOUSING
DEVELOPMENT (CHARITIES HOUSING) ON A VACANT PARCEL
LOCATED AT 19160 STEVENS CREEK BOULEVARD (APN 375-07-001)
SECTION 1: PROTECT DESCRIPTION
Application No.: DP-2016-02
Applicant: Kathy Robinson (Charities Housing)
Location: 19160 Stevens Creek Boulevard (APN 375-07-001)
SECTION II: FINDINGS FOR 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 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 application is for a 100% age restricted senior affordable development
that meets the requirements to be eligeable for a 35% density bonus; and
WHEREAS, the project is determined to be exempt from the California Environmental
Quality Act (CEQA); 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:
1. 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 designated by the Housing Element as an approved development site for
high density housing. The location is surrounded by similar urban uses and the project is
consistent with zoning, Heart of the City Specific Plan (HOC), and the General Plan for
Resolution No.17-058 DP-2016-02 June 20,2017
density, landscaping, private outdoor space, access, streetscape, setbacks, height, building
bulk, and design. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience.
2. The proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of this title and
complies with the California Environmental Quality Act (CEQA).
The proposed development is in conformance with the Cupertino General Plan as part of
the East Stevens Creek Boulevard area within the Heart of the City Special Area. The Heart
of the City area is envisioned to be a mixed use district that permits residential on Housing
Element Sites, such as the project site. The Project provides housing units consistent with
the Housing Element within the General Plan. The Project has met the development
standards as defined by the Heart of the City Specific Plan and the City Municipal Code
such as heights, setbacks, and parking requirements. The site is within a Planned
Development Zoning District that allows General Commercial and Residential ("P (CG,
Res)"). Therefore, the proposed development is consistent with the purpose of the City's
zoning ordinance.
The project is exempt from CEQA under 21159.21 (Exemption for Qualified Housing),
21159.23 (Exemption for Affordable Low Income Housing), 15192 (Threshold
Requirements for Exemptions for Agricultural Housing, Affordable Housing, and
Residential Infill Projects), and 15194 (Affordable Housing Exemption) of the Title 14 of
the California Code of Regulations.
3. The residential project is eligible for the density bonus and any incentives, parking
reductions or waivers requested.
One hundred percent (100%) of the units will be affordable to a mix of Very Low and Low
Income households-at affordable rent or affordable housing cost, which entitles the project
to a Density Bonus rate of 35 percent consistent Cupertino Municipal Code Section
19.56.030 (A). No incentives or waivers have been requested. Additionally, no parking
reductions beyond those allowed by the City's Density Bonus Ordinance, in compliance
with State Law, have been requested.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this
Resolution beginning on PAGE 3 thereof,:
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The project is found to be exempt from the California Environmental Quality Act and the
application for a Development Permit, Application no. DP-2016-02 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-2016-02 as set forth in the Minutes of City Council Meeting of June 20, 2017 and
are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set received on April 6, 2017
consisting 19 sheets labeled as "19160 Stevens Creek" labeled as 01, 1, 4.1 to 4.4, Al,
A2.1 to A2.3, A3 to A8, L1, and E1 to E2, drawn by Studio E Architects, Charles W.
Davidson Co., and Ivy except as may be amended by conditions in this resolution.
2. 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.
3. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or construction
records. Any misrepresentation of any property data may invalidate this approval
and may require additional review.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. DP-2016-02, ASA-2016-15, and
EXC-2017-03 shall be applicable to this approval.
5. DEVELOPMENT APPROVAL AND PROTECT AMENDMENTS
Development Permit approval is granted for 19 new apartment units. The Planning
Commission shall review amendments to the project considered major by the
Director of Community Development.
6. BMR REGULATORY AGREEMENT
Prior to the issuance of any building permit, a rent regulatory agreement shall be
recorded against the property. The regulatory agreement shall include, but not
limited to the following:
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a) Type, location (site map), square footage, number of bedrooms, and construction
scheduling of BMR units;
b) Provision of 18 BMR units affordable to and occupied by very low income
households for a 99-year period;
c) Provisions for income certification and screening of potential occupants of BMR
units;
d) Restriction control mechanisms;
e) Financing of ongoing administrative and monitoring costs. The developer must
pay any annual monitoring fee adopted by the City for the purpose of
monitoring compliance of the project with the terms of the City's loan to the
project and with the City's Policy and Procedures Manual for Administering
Deed Restricted Affordable Housing Units; and
f) Other reasonably required provisions to ensure provision and maintenance of
BMR units.
7. 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.
8. 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.
9. 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.
10. CONSTRUCTION HOURS
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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.
11. 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 ofth-e stipulated-maximum-------
noise
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.
12. 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
windy 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.
13. TRANSFORMERS
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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. 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.
15. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold
harmless the City, its City Council, and its officers, employees and agents
(collectively, the "indemnified parties") from and against any claim, action, or
proceeding brought by a third party against one or more of the indemnified parties
or one or more of the indemnified parties and the applicant to attack, set aside, or
void this Resolution 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 applicant shall pay such attorneys'
fees and costs within 30 days following receipt of invoices from City. Such attorneys'
fees and costs shall include amounts paid to counsel not otherwise employed as City
staff and shall include City Attorney time and overhead costs and other City staff
overhead costs and any costs directly related to the litigation reasonably incurred by
City.
16. 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.
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. RECIPROCAL ACCESS EASEMENT
Prior to issuance of a Building Permit for the site, the Developer shall record a
Reciprocal Access Easement over the property linking the adjoining properties
located to the east and west. The nonexclusive easements shall provide vehicular
and pedestrian ingress and egress through the site. The easement language shall
provide that construction of a driveway curbcut to the property to the east (19140
Stevens Creek Boulevard) shall be completed/connected at such time as the city can
require the property owner to the east to provide a .reciprocal ingress/egress
easement through a planning permit. The easement language and layout shall be
reviewed and approved by the City prior to recordation with the County Recorder's
Office. The easement shall contain a provision that it may not be modified or
removed without express written approval from the City.
2. STREET WIDENING
Public street widening and dedications shall be provided in accordance with City
Standards and specifications and as required by the City Engineer. On Stevens
Creek Boulevard, the ultimate width from face of curb to future property line shall
be 17 wide.
3. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, driveway, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the City Engineer and
consistent with the Heart of the City guidelines. Close any unused driveway cuts
and ensure positive drainage flow along Stevens Creek Blvd.
4. SITE IMPROVEMENTS
Site modification is required, included but not limited to pavement, landscaping and
striping, at 19200 Stevens Creek Blvd for the proposed ingress &egress access.
5. 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.
6. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
Resolution No.17-058 DP-2016-02 June 20,2017
maybe required. Please contact Army Corp of Engineers and/or Regional Water
Quality Control Board as appropriate.
7. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and
pre- and post-development hydraulic calculations must be provided to indicate
whether additional storm water control measures are to be constructed or
renovated. The storm drain system may include, but is not limited to, subsurface
storage of peak stormwater flows (as needed), bioretention basins, vegetated swales,
and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. The storm drain system shall be designed to detain water on-
site (e.g., via buried pipes, retention systems or other approved systems and
improvements) as necessary to avoid an increase of the 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.
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.
8. BICYCLE PARKING
The applicant shall provide bicycle parking consistent with the City's Parking
Regulations under Chapter 19.124 of the Cupertino Municipal Code, and to the
satisfaction of the Director of Community Development and City Engineer.
9. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to 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 ($3,349.00 or 5% of
improvement costs)
b. Grading Permit: $ Per current fee schedule ($2,825.00 or 6% of
improvement costs)
c. Storm Drainage Fee: $Per current fee schedule ($3,265 per AC +
$247/unit)
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d. Power Cost:
e. Park Fees: $ Per current fee schedule ($18,000 per unit) to
be waived by the City as part of BMR Program
f. Street Tree By Developer
�* Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor &Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said
change or changes, the fees changed at that time will reflect the then current fee
schedule.
10. PARK FEE & CONSTRUCTION TAX
In accordance with the City of Cupertino's Below Market Rate Program, Park Fees
and Construction Tax are waived.
11. 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 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.
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12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
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17. 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.
18. 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.
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. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan to be approved by the City as part
of encroachment. permit application process. 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.
21. 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.
22. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
23. 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).
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24. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
25. 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.
26. 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.
27. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Sunnyvale Sanitary
District prior to issuance of building permits.
28. 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. FIRE SPRINKLERS REQUIRED
In order to maintain a minimally acceptable level of life safety, the Fire Sprinkler
System shall be an NFPA 13 Light Hazard System.
2. FIRE ALARM SYSTEM REQUIRED
As defined in the currently adopted edition of CFC Sec. 907, as adopted and
amended by the CUPMC.
3. FIRE APPARATUS ACCESS ROADS
Aerial Access as required and defined in the SCCFD Standard Detail and
Specification will not be required for this project. The proposed 20-foot road is
accepted. (refer to SCCFD A-1).
4. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND
A turnaround as required and defined in SCCFD SD&S A-1 will not be required.
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5. GROUND LADDER ACCESS
Ground ladder rescue from second and third floor rooms and roof access will not be
required in those locations where the property cannot accommodate such access. A
permanently fixed ladder will allow emergency access from the second-story roof of
the Lounge/Laundry rooms. 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 in 'those areas that can accommodate such spaces.
Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503
and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
6. EMERGENCY RESPONDER RADIO COVERAGE
Emergency responder radio coverage in new buildings. All new buildings shall have
approved radio coverage for emergency responders within the building based upon
the existing coverage levels of the public safety communication systems of the
jurisdiction at the exterior of the building. This section shall not require
improvement of the existing public safety communication systems. CFC 510.1.
7. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and our Standard Detail and Specification SI-7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
8. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall
contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm). Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure. Address numbers shall be maintained.
CFC Sec. 505.1.
9. KEY BOXES
Where required. Where access to or within a structure or an area is restricted
because of secured openings or where immediate access is necessary for lifesaving or
firefighting purposes, the fire code official is authorized to require a key box to be
installed in an approved location. The key box shall be of an approved type listed in
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accordance with UL 1037, and shall contain keys to gain necessary access as required
by the fire code official. CFC Sec. 506.1.
SECTION VI: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT OF THE CITY OF SUNNYVALE
1. SEWER CONNECTION FEE
Prior to building permit issuance from Building Division, the City of Cupertino,
developer shall pay sewer connection fee to the City of Sunnyvale. The above
mentioned sewer connection fee is separate from all fees of any kind from the City of
Cupertino. The sewer connection fee is based on number of units with low
occupancy (1 or 2 bedrooms) or standard occupancy (3 bedrooms and up).
2. ENCROACHMENT PERMIT
Prior to off-site improvement or encroachment permit issuance from Pubic Works,
the City of Cupertino, developer shall apply and obtain a separate encroachment
permit from the City of Sunnyvale for a new sewer lateral installation (portion from
public right-of-way line to existing sewer main pipe) in public right-of-way. Please
note that a new sewer line portion from Public right-of-way line to the proposed
building is not part of the City of Sunnyvale review, approval and permitting.
3. FINAL OCCUPANCY
Prior to building occupancy, the City of Cupertino, developer shall provide the City
of Sunnyvale a copy of the final inspection approval or other City of Cupertino
documentation demonstrating that the building is approved for occupancy.
SECTION VII: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL
PROGRAMS DIVISION OF THE CITY OF CUPERTINO
1. TRASH ENCLOSURE
All wet waste businesses, defined as a business that produces food, organic and/or
liquid wastes, must include a covered trash enclosure to accommodate all waste
containers (landfill, recycling, organics, and cooking oil/grease). The trash enclosure
must be designed and constructed in accordance with the "Guidelines for Non-
Residential Building Trash and Recycling Enclosures". If a property does not have a
trash enclosure, has one that does not have roof, or is of inadequate size for all
tenant space on the property, this must be included with the plan set submitted
during the review process. The trash enclosure must be designed or modified to
accommodate all waste containers in use by all occupants of the property, not
merely the tenant making application for the building or development permit.
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2. WASTE TRIOS
One permanently installed set of waste trios and a cigarette urn (landfill, recycle,
compost) designed for public use must be installed on the property and shown on
the plans submitted. One trio set and cigarette urn satisfies the requirement for up
to four adjacent businesses on one property.
3. FULL TRASH CAPTURE STORM DRAIN CATCH BASIN INSERTS
For projects located in medium and high trash management areas as defined by the
City of Cupertino Trash Management Area Map or are adjacent to a creek, full trash
capture storm drain catch basin inserts may be required. Fueling stations,
automotive, light industrial or other uses which may have fine particulate or liquid
based pollutants (including cooking oils/grease) may require an additional
hydrocarbon filter on the trash capture devices. A Maintenance Agreement and
certification of ongoing operation and maintenance of the devices in accordance with
the manufacturers recommended specifications is required. Topographical flow
maps of the property identifying all storm drain inlets, underground storm water
flow lines, and all connections with the City's storm drain system and any adjacent
property will be required during plan review.
4. STORM DRAIN INLET MARKERS
All exterior storm drain inlets on the property shall be clearly marked with "No
Dumping Flows to Creel" or "No Dumping Flows to Bay'.
5. EXTERIOR COPPER
The exterior use of copper for roofing materials, rain gutters, downspouts, or any
ornamental enhancement is prohibited. Small copper adornments such as door
handles or fence post caps are exempted.
6. CONSTRUCTION AND DEMOLITION WASTE RECYCLING
Construction, demolition, and renovation projects which are 3000 square feet or
more are required to submit a completed Waste Management Plan demonstrating
that a minimum of 65% of the material generated is recycled consistent with the
provisions of Cupertino Municipal Code Section 16.72.
SECTION VIII: CONDITIONS ADMINISTERED BY THE BUILDING DEPARTMENT
OF THE CITY OF CUPERTINO
1. ACCESSIBLE UNIT
The project shall provide accessible units as required by the Fair Housing Act;
Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 24
CFR 8; the Uniform Federal Accessibility Standards; Title II and/or Title III of the
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Resolution No.17-058 DP-2016-02 June 20,2017
Americans with Disabilities Act; and Title 24 of the California Code of Regulations
(together, the Accessibility Requirements). Prior to issuance of any building permit
for the project, the applicant must provide certification from the project architect or
qualified accessibility specialist that the construction plans are in conformance with
all Accessibility Requirements. Prior to final inspection or issuance of a certificate of
occupancy, the applicant shall provide the City with a certification from the project
architect that the project as constructed complies with all applicable Accessibility
Requirements.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 201h day of June, 2017, by the following vote:
Vote Members of the City Council
AYES: Vaidhyanathan, Chang, Scharf, Sinks
NOES: None
ABSENT: Paul
ABSTAIN: None
ATTEST: APPROVED:
61- Grace Schmidt, ity Clerk Savita Vaidhyanathan, ayor,
City of Cupertino
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