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CC Resolution No. 19-071 approving the Development Permit (DP-2018-03) 20565 Valley Green Dr RESOLUTION N0. 19-071 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING DEVELOl'MENT PERMIT TO ALLOW THE DEMOLITION OF A1V EXISTING PUBLIC STORAGE FACILITY�AND THE CONSTRUCTION OF A NEW PUBLIC STORAGE FACILITY CONSTSTING OF TWO (2) FOUR (4)- STOIZY BUILDINGS WITH BASEMENTS LOCATED AT 20565 VALLEY GREEN DRI�TE SECTION L PROTECT DESCRIPTION Application No.: DP-2018-03 Applicant: Andres Friedman Property Owner: Stor�ge Equities, Inc. Location: 20565 Valley Green Drive (APN: 326-10-044) � SECTION II: FINDINGS FOR DEVELOPMENT PERMIT: WHEREAS, the City Council of the C�ity of Cupertino received an application for. a Development Permit as described in Section I. of this Resolution; and WHEREAS, the necPssary public notices have been given as required by the Procedural Ordinance of the Cityof Cupertino, and the City Council has held at least one public hearing in regard to the application; and WHEREAS, the Planning Commission held a public hearing on May 28, 2019 and recommended that the�ity Council approve�the application, subject to conditions; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State CEQA Guidelines (California Code of Regulations, Tifle 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed Project and has determined that the Project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15332, and the exemption in CEQA Guidelines �ection 15183, for the reasons set forth in the s�aff report dated May 28, 2019 and incorporated herein; and WHEREAS, the applicant has met the burden of proof required to stxpport 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; � I Resolution No. 19-071 I Page 2 I i The proposal is an update to the existing storage facility that will �onsolidate nine (9) ; structures totaling 54,186 sq. ft., and replace the facili�y with a new Public S�orage ' facility into two (2) buildings measuring a total of 263,671 sq.ft. The project provides � new landscaping screening from adjacent residential and offices uses. The building has been designed to blend in�o the surrounding area by creating an updated building design i that incorporates different building materials (i.e. spandrel,glass, metal panels, etc.)and ' updated landscaping throughout the site. Therefore, the proposal will not be detrimental or injurious to property or improvements in the vicinity. b) The proposed development will be located and conducted in a rnanrier in accord with the Cupertino Comp�ehensive General Plan and the purpose of the City's zoning ordinances. The General Plan land use designation for �he property is Industrial/Residential. The existing and proposed use (a storage facility) is consistent with the General Plan. The subject property is zoned as Planned Development Zoning District with General Commercial, Light Industrial and Residential usPs (P(CG, ML, RES)). The underlying ML zoning district permits warehousang uses. Therefore, as a warehouse use in the industrial zone, the proposed project is a permitted use consistent with t�he planned development zoning district. The proposed development has met the applicable developrnent sfandards of the general plan and zoning distract such as height, setbacks, and parlcing regulations. Therefore, the proposed development is consistent with the purpose of the City's zoning ordinance; and WHEREAS, on June 18,2019, the City Council held a duly noticed public hearing to receive public testimony on the Project, including the categorical exemption in CEQA Guidelines section 15332 and the exemption in CEQA Guidelines section 15183 and reviewed and considered the information contained in the staff report pertaining to the Project, all other pertinent documents, and all written and oral s�atements received by the City Council at or prior to the public hearing; and NOW, THEREFORE, BE TT RESOLVED that after careful consideration of the CEQA exemption memorandum, maps, facts, exhibits, testimony and oth.er evidence submitted in this inatter, subject to the conditians which are enumerated in this resolution beginning on PAGE 3 thereof,. 1. The City Council exercises its independent judgment and determines that the Project is exempt from CEQA pursuant to CEQA Guidelines section 15332 and the exemption • in CEQA.Guidelines section 15183. The exemption in CEQA Guidelines section 15332 applies to an infill development project which 1) is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as the Resolution No.19-071 � Page 3 applicable Zoning designations and regulations; 2) occurs within the City limits on a site of less than 5 acres in size that is substantially surrounded by urban uses; 3) is located on a site that has no value for endangered,rare or threatened species;4)would not result in any significant effects related to traffic,noise, air quality or water quality; and 5) can be adequately served by all required utilities and public services. The exemption in CEQA Guidelines section 15183 applies to a project that is consistent � with General Plan designations and zoning for fihe site described in the General Plan, the pote�tial impacts of which would be substantially mitigated by the imposition of uniformly applied standard conditions of approval. The General Plan Arnendment, Housing Element Update, and Associated Rezoning Final Environ.mental Impact Report(SCH No. 2014032007); certified by the City Council on December 4, 2014, was prepared consistent with the requirernents for applicability of strearnlining under CEQA Guidelines Section 15183(d)(2), and there are no environmental effects that are peculiar to the proposed project or project site that were not analyzed in the General Plan EIR; 2. The application for a Development Permit, Application no. DP-2018-03 is hereby recammended to be approved; and � The subconclusions upon which the findings and conditions spPcified in this Resolution are based are contained in the Public Hearing record concerning Application � no.(s)DP-20�8-03 as set forth in the Minutes of the City Council Meeting of June 18; 2019, � and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. 1. APPROVED EXHIBTTS Approval recommendation is based on the plan set dated February, 4, 2019 consisting of 26 sl�eets labeled as, "A Redevelopment fo'r Public Storage" labeled as Sheet 1-26, prepared by KSP Studio and BKF; except as rnay 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. 19-071 � Page 4 i i 3. CONCURRENT APPROVAL CONDITIONS ' The conditions of approval contained in file nos. ASA-2018-04; EXC-2018-01 and � TR 2019-11 are concurrently enacted, and shall be applicable to this approval. 4. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth sha11 be incorporated into and annotated on I the first page of the building plans. 5. CONSULTATIQN WITH OTHER DEPART1VIElVTS The appYicant is responsible to consult with other departments and/or ageneies with regard to the proposed �roject for additional conditions and requirernents. Any misrepresentation of any submitted data may invalidate an approval by the CommunityDevelopment Department. 6. HOUSING MITIGATION FEES The applicant shall participate in the City's Below 1VIarlcet Rate (BMR) Housing Program by paying the applicable housing mitigation fees prior to issuance of building permits per the Housing Mitigation Manual. 7. PUBLTC ART REQUIREMENT 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). The minimtim expendihxre for the artworl<, including, but not limited to design,fabrication, and installation is one(1) percent ofthe construction valuation for the first $100 million on construction valuation, or 0.9% of construction valuation for valuation in excess of $100 million. The.project pro forma shall be provided to the City to confirm the project budget. The public art plans (including location and design) sha11 be reviewed by the Fine Arts Commission during the building permit stage, in advance of final occupancy. Once approved by the Fine Arts Commission, the public artworl<shall be installed to the satisfaction of the City prior to final occupancy. In the event the developer or property owner determines that the placernent of artwork on a particular property may not be feasible,�he developer or property may apply to the Fine Arts Commission for an in-lieu payment alternative as indicated in Chapter 19.148 of the Cupertino Municipal Code. The in lieu payment shall be 1.25% of the construction valuation. Resolution No.19-071 Page 5 8. DEMOLITION REQUIREMENTS All demolished building and site rnaterials shall be recycled to the maximurn extent feasible subject to fihe Building Official. The applicant shall provide . evidence that materials were recycled prior to occupancy. � 9. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN A dernolition and construction management plan shall be subrnitted and reviewed prior to building permit issuance. Prior to commencement of construction activities, the applieant shall arrange for a pre-construction meeting with the pertinent departments (Building, Planning, arid 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 rneasures are in place, public access routes are identified, and noise and dust control measures are established. The plan shall include but not be limited to the following: a. Appropriate construction staging area b. Hours of construction e. Compliance with the City noise ordinance � d. Best managernent practices f e. Any other measures as determined to be appropriate by the Director of � Coxrlmunity Development 10: DUST CONTROL The following construction practices shall be implemented during all phases of construction for the proposed project, and shall be incorporated into the construction management plan(s), to prevent visible dust emissions from leaving the site: a. Water all active construction areas at least twice daily and rnore ofte� 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 trucics to rnaintain at least 2 feet of freeboard; c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on al1 unpaved access roads, parl<ing areas and staging areas at const-ruction sites. d. Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. i � � Resolution No.19-071 � Page b , e. The applicant shall incorporate the City's construction best management ' practices into the building permit plan set. 11. GRADING AND CONSTRUCTION HQURS AND NOISE LIMITS The applicant shall indicate compliance with the following grading and construction hours and noise lirnit requirements on all dernolition, construction , and grading permits, and in the construction managernent plan(s), unless � otherwise indicated. a. All grading activities sha11 be lirnited to the dry season (Apri115 to October 1), unless permitted otherwise by the Director of Public worl<s. b. Construction hours and noise limits shall be compliant with a11 requirexnents ' � � of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street constructio�, underground utility and demolition hours for work done more than 750 feet away from residential areas shall be lirnited to Monday through Friday, 7 a.m: to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.rn. Grading, street construction, demolition or underground utility worl< within 750 feet of residential areas sha11 not occur on Saturdays, Sundays, holidays, and during nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. 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.rn. Construction activities are not allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all constru.ction activities and limitatio.ns identified in this permit, along with the name and telephone number of a� applicant app.ointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible . for educating all contractors and subcontractors of said construction restrictions. 12. BAAQMD BASIC CONTROL MEASURES Project shall comply with the Bay Area Quality Management District's Basic Construction Mitigation Measures to reduce construction fugitive dust impacts as follows: a. All exposed surfaces (e.g., parl<ing areas, staging areas, soil piles, graded areas, and unpaved access roads) sha11 be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off-site shall be coverede Resolution No. 19-071 Page 7 c. All visible mud or dirt traciced-out onto adjacent public roads sha11 be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. Al1 vehicle speeds on unpaved roads shall be lirnited to 15 mph. e. All roadways, driveways, and sidewall<s to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used, f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling tirne to 5 minutes (as required by fihe California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction worl<ers at all access points. g. All construction equiprnent shall be maintained and properly tuned in accordance with manufacturer's specifications.All equiprnent shall be checked by a certified mechanic and determined to be running in proper condition prior ' to operation. � h. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Cupertino regarding d.ust complaints.This person shall � respond and take corrective ac�ion within 48 hours. The BAAQMD phone � number shall also be visible to ensure compliance with applicable regulations. � Applicant shall indicate cornpliance with SAAQMD's basic control rneasures on � all demolition, construction and grading permits and construction management plan(s). 13:SIRD AND NEST SAFETY Applicant shall indicate compliance with the followi�g Bird and Nest Safety requirements on all demoli�ion, construction and grading permits and construction management plan(s). • a., Construction and tree removal/pruning activities shall be scheduled to avoid the nesting season to the extent feasible. If feasible, tree rernoval and/or pruning shall be completed before the start of the nesting season to help preclude nesting. The nesting season for most birds and raptors in the San Francisco Bay area extends from February 1 through August 31. b. If it is not possible to schedule construction activities between September 7 and January 31, then a qualified ornithologist shall conduct a preconstruction survey to identify active bird nests that may be disturbed during project construction. This survey sha11 be completed no more than seven days prior to the initiati.on of demolitionjconstruction activities (including tree removal and prunirtg). During this survey, the ornithologist shall inspect all trees and other Resolution No. 19-071 Page 8 possible nesting habitats in and immediately adjacent to the construction areas � , for nests. � c. If the survey does not identify any nesting birds that would be affected by �i construction activities, no further mitigation is required. If an active nest is � found sufficiently close to worl< areas to be disturbed by these activities, the ornithologist (in consultation with the California Department of Fish and ', Wildlife) shall designate a construction-free buffer zone (typically 300 feet for raptors and 100 feet for non-raptors)to be established around the nest to ensure , that rio nests of species protected by the MBTA and California Fish and Game ' Code wi11 be d'isturbed during construction activities. The buffer shall remain in place until a qualified ornithologist has determined that the nest is no longer active. , d. A final report on nesting birds and raptors, including survey methodology, survey date(s), map of identified active nests (if any), and protection rneasures (if required), shall be submitted to the Planning Manager,through the building permit review process, and be completed to the satisfaction of the Community Development Director prior to the start of grading. 14. ARCHAEOLOGICAL RESOURCES Applicant shall indicate compliance with Archaelogical Resource requirements on all deinolition, construction and grading permits and construction rnanagernent plan(s). a. If human remains are encoun.tered at the site,a11 worl<in the immediate vicinity of the discovery shall cease and necessary steps to ensure the integrity of the immediate area sha11 be taken. b. The Santa C1ara County Coroner shall be notified immediately. c. The Coroner shall then determine whether the remains are Native American. If the Coroner determines the remains are Native American, the Coroner shall notify the California Native American Heritage Commission (NAHC) within 24 hours, who will, in turn, notify the person the NAHC identifies as the Most Lilcely Descendent(MLD) of any human remains. d. Further actions shall be determined, in part, by the desires of the MLD. The MLD has 48 hours to rnal<e recommendations regarding the disposition of�he remains following notification from the NAHC of the discovery. e. If the MLD does not make recommendations within 48 hours, the owner shall, with appropriate dignity, reinter the remains in an area of the property secure from further disturbance.Alternatively,if the owner does not accept the MLD's recommendations, the owner or the descendent rnay request mediation by the NAHCa Resolution No.19-071 Page 9 15. GREEN BUILDING The project shall be constructed in accordance with the City's Green Building Orclinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall obtain LEED Silver certification or an alternative reference standard in accordarice 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. EXTERIOR BUILllING MATERIALS%TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not lirnited to details on exterior color, rnaterials, architectural treatments, doors,. windows, lighting fixtures, a�d/or embellishrnents) shall be reviewed and approved by the Director. of Cornmunity Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either.require a modification to this permit or a new permit based on the extent of � fhe change. � 17: SITE LIGHTING � All riew lighting must conform to the standards in the Parl<ing 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 wzth the City's Ordinance. 18. ROOFTOP EQUIPMENT SCREENING All mechanical and other equipment on the building or on the site shal.l be screened so they are not visible from public street areas or adjoining developrnents. 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 wi11 not be visible from any public right-of-way. The location of the equipment and necessary screening shall be reviewed and app�oved by the Director of Community Development prior to issuance of building permits. 19. SITE IMPROVEMENTS All proposed site improvements shall be completed prior to final occupancy of any structures approved in conjunction with the project. I � � I Resolution No.19-071 Page 10 20. LANDSCAPE INSTALLATION REPORT The project is subject to all provisions delineated in the Landscape Ordinance , (CMC, Chapter 14.15). A landscape installation audit shall be conducted by a ' certified landscape professional after the landscaping and irrigation system have I been installed. The findings of the assessment shall be consolidated into a , landscape installation repo.rt, 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 p1an, system tune- up, system test with distribu�ion uniformity, repdrting overspray or run-off that causes overland flow, and preparation of an irrigation schedule. The landscape ' installation report sha11 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." ' 21. LANDSCAPE INSTALLATION/REHABILITATION SUBMTTTAL Prior to issuance of building p�rmits, the applicant sha11 submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C of the Landscape Ordinance. The Water-Efficient Design Checl<list (Appendix A of Chapter 14.15), landscape design plans, and irrigation plans sha11 be reviewed and approved to the satisfaction of the Director of Corrtmunity Developm.ent prior to issuance of building permits. A fu11 Landscape Documentation Package submittal will be required. � 22. NOISE LEVELS AND ABATEMENT Project use shall comply with the City's Community Noise Control Ordinance at a11 tirnes. Should the project exceed any of the stipulated maximum noise levels outlined in the City's Cornmunity Noise Control Ordinance, an acoustical engineer may be required to submit noise attenuation measures to the satisfa.ction ' of the Director of Comrnunity Development at the applicant's expense. 23. MANAGER'S UNIT Prior to issuance of building permits, the project applicant sha11 submit an acoustic study to the satisfaction of the City' Community Development Director demonstrating that the rnanager's unit meets an interior rioise level of 45 dBA CNEL, consistent with S�ate and local noise standards. The applicant shall include, but not limited to,building design feattxres such as triple pane windows, to meet the required interior noise leveL Resolution No.19-071 Page 11 Additionally, the applicant shall install an air filter into fihe air filtration system with a Minimum Efficiency Report Value (MERV) of 13, unless a higher rating is required through the L�ED Certification process. 24. INDEMNIFICATION Except as otherwise prohibited by law, ihe applicant shall indernnify and hold harmless the City, its City Council, and its officers, ernployees 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 indemni£ied parties and the applicant to attacl<, set aside, or void this Resolution or any permit or�pproval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in de�ense of the litigation. The applicant sha11 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 direcfly related to the litigation reasonably incurred by City. 25. NOTICE OF FEES DEDICATIONS RL�SERVATIONS O1Z OTHER � ` EXACTIONS The Conditions of Project Approval set forth he�ein may include certain fees, dedication requirements,reservation require�nents,and other exactionse Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statexnent of the amount of such fees, and a deseription of the , dedications,reservations,and other exactions. You are hereby further notified thaf , the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code 5ection 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the xequirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 1. PUBLIC INFRASTRUCTURE CONTRIBUTIONS Prior to Buildi�g Final Occupancy, the Developer shall offer a 12-foot wide easement to the City for a future multi-use trail facility along the entire north side of the property and shall install a new wrought iron fence between the future easement and the storage facility to the satis£action of the Director of Public � i Resolution No. 19-071 Page 12 ' Works. The easement area shall be stripped and covered with filter fabric and drain rocic, in which the City shall rnaintain upon completion of the dedication. The easernent agreement language shall allow for the City to mal<e improvements for any future multi-use trail facility, which could include; but not be lirnited to, trail infrastructure, such as pathways, benches, water fountains, fences, and landscaping. 2. STREAMSIDE PERMIT Prior to building permit issuance, the Project may be subject to applying for a Streamside Modification Permit due to its proximity to the Junipero Serra Channel, which will be determined upon review of the' Building Permit application. The purpose of this permit is to ensure that the project does not advearsely impact the adjacent channel. 3. CURB AND GUTTER IMPROVEIVIENTS Curbs and gutters, sidewall<s and related structures shall be installed in accordance with grades and standards as specified by the Director of Public Worl<s. A11 improvements must be completed and accepted by the City prior to Building Final Occupancy. 4. PEDESTRIAN AND BTCYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements (e.g. ` walkways, bicycle racks, etc.) consistent with the 2016 Cupertino Bicycle ' Transportation Plan and the 2018 Cupertino Pedestrian Transportation Plan, and as approved by the Director of Public Worlcs:Al1 improvements must be. completed and accepted by the City prior to Building Final Occupancye All ' improvements must be completed and accepted by the City prior to Building Final Occupancy. 5. GRADTNG Prior to building permit issuance, grading shall be as approved and required by the Director of Public Worl<s in accordance with Chapter 16.08 of the Cupertino ]VIunicipal Codeo 401 Certifications and 404 permits may be required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Boar.d as appropriate. 6. DRAINAGE Prior to building permit issuance, drainage shall be provided to the satisfaction of the Director of Public Works. Hydrology and pre- and post-development hydraulic calculations must be provided to indicate whether additional storm Resolution No. 19-071 � Page 13 . 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 arnount of runaff from the site and improve water quality. The storrn drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systerns or other approved systems and improvements) as necessary to avoid an increase,of the ten percent flood water surface elevation to the satisfaction of t�e Director of Public Worl<s. Any storrn water overflows or� surface sheeting should be directed away from neighboring private properties and to the public righi:of way as much as reasonably possible> All storm drain inlets sha11 be clearly marl<ed with the words "No Dumping — Flows to Creek" using permanently affixed metal medallions or equivalent, as approved by the Environmental Programs Division. 7. 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�he entire project site). � The developer shall reserve a rninimum of 4% of developable surface area for the placemen� of low impact development rneasures, for storm water treatment, unless an alternative storm water treatrnent plan, that satisfies C.3 requirements, '. is approved by the Director of Public Worl<s. The Developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which rnust be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storrn 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 obtaxn certification from a City approved third party reviewer. 8. DEVELOPMENT FEES AlVD BONDS Prior to building permit issuance, the Developer shall provide for payment of fees and bonds,including but not limited to plan checl<and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Fees: � a. Plan Checl< &Inspection Fees: Per current fee schedule ($857) b. Grading Permite Per current fee schedule ($2,941 or Resolution No. 19-071 Page 14 ' 6% of improvement costs) c. Storm Drainage Fee: Per current fee schedule ($4,902 per AC) d. Traffic Irnpact F�e: Per current fee schedule ($6,236 per new peal<-hour trip generated) e. Storrn Management Plan Fee: Per current fee schedule ($1,382) � f. Streamside Permit Fee: Per current fee schedule ($348) Bonds: Faith£ul 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. 9. TRANSPdRTATION TMPACT FEES Prior to building permit issuance, the Project is subject to the payrnent of Traffic Irnpact Fees under the City's Transportation Impact Fee Program (Chapter 14.02 of Cupertino Municipal Code). 10. SURVEYS Prior to building permit issuance, a Boundary Survey and a Horizontal Control Plan will be required for all new construction to ensure the proposed building will be set based on the boundary survey and setbacl<requirements. 11. TRASH, RECYCLING AND COMPOST ENCLOSURES Trash enclosure plans must be designed in accordance with the City's Public Worl<s Guidelines posted at www.cu�ertino.org/nowaste, and to the satisfaction of the Environmental Prograrns Manager. Clearance by �the Public Works Department is required prior to obtaining a building permit. (Sections 9.18.210 H &K of Cupertino Municipal Code) 12. UNDERGROUND UTILITIES Developer shall comply with the requirements of the Underground Utilitxes Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for insfiallation of underground utility devices. Developer shall subrnit detailed plans showing Resolution No.19-071 Page 15 utility underground provisions. Said plans sha11 be subject to prior approval of fihe affected Utility provider and the Director of Public Wo�lcs. . 13. TRt�NSFORMERS & CABINETS � Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaulfis. The developer must receive written approval from both the Public Worl<s Department and the Community Developrnent Department prior to installation of any above g�°oun.d equipment. Should above ground equipment be permitted by the City, equipment and enclosures sha11 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 setbacl< area. 14. WATER BACKFLOW PREVENTERS � Domestic and Fire Water Bacl<flow preventers and similar above ground equiprnent 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 PRACTTCES 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 improvernent plans. � � 16. NPDES CONSTRUCTION GEIVERAL 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; prior to building permit issuance which encompasses prepara�ion of a Storm • Water Pollution Prevention Plan (SWPPP), use of construction Best Management Practices (BMPs) to control storm wafer runoff quality; and BMP inspection and maintenance. 17. EROSION CONTROL PLAN beveloper 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 sitee Erosion control notes sha11 be stated on the plans. 18. WORK SCHEDULE Every 6 months, the Developer shall submit a worlc schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. Resolution No.19-071 Page 16 19. TRAFFIC CONTROL PLAN For any work to be performed in the public right-of-way, 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 xouting plan for a11 vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to corrimencement of work. The City has adopted Manual on Uniform Traffic Control Devices(MUTCD)standards for all signage and striping worl<throughout � the City. 20. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 21. 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 Bacl<flow Preventers, Fire Department Connections and Fire Hydrants (typically Bacl<flow Preventers should be located on private property adjace�t to the public righ�of way, and fire department connections�n�xst be located within 100' of a Fire Hydrant). 22. FIRE HYDRANT Fire hydrants shall be.located as required by the City and Santa Clara County Fire Department as needede � � 23. CALIFORNIA WATER SERVICE COMPANY CLEARANCE Provide California Water Service Company approval for water connection,service capability and location and layout of water lines and bacl<flow preventers befoxe issuance of a building permit approvaL 24. DEDICATION OF UNDERGROUI�D WATER RIGHTS Prior to building perrnit issuance, the Developer shall "quit clairn" to the City all rights to pump, ta1<e or otherwise extract wate� from the underground basin or any undergrourid strata in the Santa Clara Valley. 25. SANITARY DTSTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. Resolution No.19-071 � Page 17 � 26. UTILITY EASEMENTS Clearance approvals frorn the agencies with easements on the property (including PG&E,AT&T, and California Water Cornpany,and/or equivalent agencies)will be required prior to issuance of building permits. 27. ENVIRONMENTAL PROGRAMS DIVISION OF APPROVAL FOR TENANT TMPROVEMENTS AND.DEVELOPIVIENT , The applicanfi and propery must comply Wlt�l the requirments of the Environmental Programs Division Conditions of Approval for Tenant Improvements and Development. � SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT 1. EMERGENCY RADIO RESPONDER COVERAGE: Emergency responder radio coverage in new buildings. A11 new buildings shall have approved radio coverage for emergency responders within the building based upon � the existing coverage levels of the public safety comrnunication systems of the � jurisdiction at the exterior of the building. This section shall not require e improvemen�of the existing public safety communication systerns. Refer to CFCSec. � 510 for further requirernents. Emergency Radio Responder Coverage requirements � applies to boi;h buildings. � 2. FIRE SPRINI�LERS REQUIRED: Approved automatic sprinl<ler systems in new and existing buildings and structures shall be pro�ided 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 penetrationsa 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 ancl approval prior to beginning their worl<. CFC Sec. 903.2 as adopted and axnended by CM�. Per AMMR an increased fire sprinl<ler system density with quicl< release fire sprinl<lers are to be installed to mitigate not having a secondary means of access to the site. Resolution No. 19-071 Page 18 3. STANDPIPES REQUIRED ' Standpipe systems sha11 be provided in new.buildings and structures in accordance with this section. Fire hose threads used in connection.with standpipe systems shall be approved and shall be compatible with fire department hose threads. The location of fire department hose connections shall be approved. Standpipes shall be rnanual wet type. In buildings used for high-piled combustible storage, fire hose protection shall be in accordance with Chapter 32.Irtstallation standard. Standpipe systerns shall be installed in accordarice with this section and NFPA 14 as amended in Chapter 47. CFC Sec. 905 4. WATER SUPPLY REQUIREIVIElVTS 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 sha11 be incorporated into the desigx� of any water-based fire protection systems, and/or fire suppress'ion 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 of�ice until compliance with the requireme�ts of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 5. PUBLIC FIRE HYDRANT(S) REQUIRED Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Departrnent and San Jose Water Company. Maximum hydrant spacing shall be 500 , feet,with a minimum single hydrant flow of 500 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 and associated Tables, and Appendix C. Identify the location of all existing and new fire hydrants to comply with above ' mentioned code section. All new hydrants to comply with hydrant spacing requirements. 6. REQUIRED FIRE DEPT.ACCESS Commercial and Industrial Developments 1. Buildings exceeding three stories or 30 ' teet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in ' height shall have a least two means of fire apparatus access for each structure. 2. , Buildings exceeding 62,000 square feet in area. Buildings or facilities having a gross ' building area of more than 62,000 square feet (5760 mm) shall be provided with two ', Resolution No.19-071 Page 19 separate and approved fire apparatus access roads. Exception:Projects having a gross building area of up to 124,000 square feet(11520 mm) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. CFC Sec.903 as adopted and amended by CMC. Per AMMR an increased fire s�rinl<ler system density with quicl< release fire sprinlclers are to be installed and fire walls are required to separate the buildings and lower the square footage enabling them to rnitigate having a secondary means of access to the site. 7. FIR�ALA,IZM REQUIREMENTS Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. . 8. TIMING OF INSTALLATION When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternati�e me#hods of protectxon are provided. Temporary street signs sha11 be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505,2 CFC Sec. 501.4 9. BUILDINGS AND FACILITIES Approved fire apparatus access roads shall be provided for every facility,building or portion of building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply witli the requirements of this section and shall extend to within 150' of all portions of the facility and a11 portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. CFC 503e1.1 Currently there are two portions of rear wa11s that are outside of the 150' prescribed distance. Per CFC Section 503e1.1 Exception 1.1 The building is equipped throughout with an approved autoxnatic sprinkler system installed in accordance with Section 903.3.1e1, thus 200' would be acceptable. Per AMMR an increased fire sprinl<ler system density with quicl< release fire sprinklers are to be installed and fire wa11s are required to separate the buildings and lower the square footage enabling thein to mitigate having to provide 150' hose access to the back of the building. 10. RE UIRED AERIAL ACCESS Where required:Buildings or portions of buildings or facilities exceeding 30 feet(9144 rnm) 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 arid power lines shall not be located Resolution No.19-071 ' Page 20 ' within the aerial fire apparatus access roadway. 2.Width:Fire apparatus access roads shall have a minimurn unobstructed width of 26 feet (7925) in the imrnediate vicinity of any building or portion of building rnore fihan 30 feet (9144 mxn) in�height. 3. Proxirnity to building:At least one of the required access routes meeting this condition sha11 be located within a minimum of 15 feet (4572) and a rnaximum 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 Chp. 5 and SCCFD SD&S A-1. Provide additional information on the site access plans to show compliance with ' above requirernents. Received request for modification/AMM appeal regarding site access that was included in this resubmittal, in which SCCFD has approved. 11. ADDRESS IDEIVTIFICATION 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 sha11 be a minimum of 4 inches (101.6 mm) high with a rninimum strolce 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 structuree Address numbers shall be maintained. 12. CONSTRUCTION SITE FIRE SAFETY . A11 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 projecte CFC �hp.33. 13. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS 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 issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501 14. TURN RADIUS (CIRCULATING) The minimurn 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 Trucic access is required. Circulating refers to travel along a roadway without dead ends. Revise site plan to show 60' turning radius for aerial access. Resolution No. 19-071 Page 21 15. R�UIRED FIRE FLOW Confirmed 1,313 gpm C�20 psi acceptable. 16. FIRE DEPARTMENT CONIVECTION LO�ATIONS (FDC): FDC's shall be installed at the street side of the address side of the building. Tt shal.l be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV. FDC's sha11 be equipped with a minimum of two (2), two-and-one half (2-1/2") inch national threaded inlet couplings. Exception: FDC's supplying private on-site fire hydrants sha11 have a minirnum four(4)way inlet coupling. See SCCFD Standard SP2 for Installation of �'ire Service Underground Piping, FDC's and Fire Hydrants, which has been included. 17. POST INDICATING VALVES (PIV): On the plans, specify that the PIV sha11 be installed not less than 40 feet from the building, or at least as far from the building as the height of the wall facing the PIV, in accordance with NFPA 24, 6.2.11 and per SCCFD Standard SP2 for Installation of Fire Service Underground Piping, FDCs and Fire Hydrants. � SECTION VI: CONDITIONS ADMINISTERED SY THE CUPERTINO SANITARY � DISTRICT � 1. TMPROVEMENT PLAIVS � Improvement plans shall be submitted to the District for review and comrnents. � 2. FEES AND PERMITS Cupertino Sanitary District fees and permits will be required. i � I i Resolution No.19-071 ! Page 22 ' PASSED AND ADOPTED at .a regular meeting of the City Council of the City of � Cupertino this 18th day of June, 2019, by the following vote: ' Vote Members of the Cit�Council AYES: Scharf, Chao, Pau1, Sinl<s, Willey NOES: None ABSENT: None ABSTAIN: None SIGNED: �. �vt�- ,�C � Steven,Scharf, Mayor Date Ci of Cu ertino ATTEST: ��_ ����� �� � Grace Schmidt, City Clerl< Date