PC Reso 6871 - DP-2018-03 reso.docx
DP-2018-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6871
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF DEVELOPMENT PERMIT TO ALLOW
THE DEMOLITION OF AN EXISTING PUBLIC STORAGE FACILITY
AND THE CONSTRUCTION OF A NEW PUBLIC STORAGE FACILITY
CONSISTING OF TWO (2) FOUR (4)-STORY BUILDINGS WITH BASEMENTS
LOCATED AT 20565 VALLEY GREEN DRIVE
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2018-03
Applicant: Andres Friedman
Property Owner: Storage Equities, Inc.
Location: 20565 Valley Green Drive (APN: 326-10-044)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the Planning Commission 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 Planning Commission has held at least one
public hearing in regard to the application; 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, Title 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 section 15183, for the reasons set forth in the staff report
dated May 28, 2019 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
Resolution No. 6871 Public Storage May 28, 2019
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 proposal is an update to the existing storage facility that will consolidate nine (9)
structures totaling 54,186 sq. ft., and replace the facility with a new Public Storage
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 into the surrounding area by creating an updated building design
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 manner in accord
with the Cupertino Comprehensive General Plan and the purpose of the City’s
zoning ordinances.
The General Plan land use designation for the 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 uses (P(CG, ML, RES)). The underlying
ML zoning district permits warehousing uses. Therefore, as a warehouse use in the
industrial zone, the proposed project is a permitted use consistent with the planned
development zoning district. The proposed development has met the applicable
development standards of the general plan and zoning district such as height, setbacks,
and parking regulations. Therefore, the proposed development is consistent with the
purpose of the City’s zoning ordinance; and
WHEREAS, on May 28, 2019, the Planning Commission 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 statements received
by the Planning Commission at or prior to the public hearing; and
NOW, THEREFORE, BE IT RESOLVED that after careful consideration of the CEQA
exemption memorandum, 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,
1. The Planning Commission 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
Resolution No. 6871 Public Storage May 28, 2019
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 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 the site described in the General Plan,
the potential impacts of which would be substantially mitigated by the imposition of
uniformly applied standard conditions of approval. The General Plan Amendment,
Housing Element Update, and Associated Rezoning Final Environmental Impact
Report (SCH No. 2014032007), certified by the City Council on December 4, 2014, was
prepared consistent with the requirements for applicability of streamlining 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
recommended to be approved; and
The subconclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no.(s) DP-
2018-03 as set forth in the Minutes of the Planning Commission Meeting of May 28, 2019,
and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.
1. APPROVED EXHIBITS
Approval recommendation is based on the plan set dated February, 4, 2019
consisting of 26 sheets labeled as, “A Redevelopment for Public Storage” labeled
as Sheet 1-26, prepared by KSP Studio and BKF; except as may be amended by
conditions in this resolution.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
Resolution No. 6871 Public Storage May 28, 2019
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 shall be incorporated into and annotated on
the first page of the building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements.
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. HOUSING MITIGATION FEES
The applicant shall participate in the City’s Below Market Rate (BMR) Housing
Program by paying the applicable housing mitigation fees prior to issuance of
building permits per the Housing Mitigation Manual.
7. PUBLIC 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 minimum expenditure for the artwork, including, but not
limited to design, fabrication, and installation is one (1) percent of the 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) shall 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 artwork shall be installed
to the satisfaction of the City prior to final occupancy. In the event the developer
or property owner determines that the placement of artwork on a particular
property may not be feasible, the 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.
8. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
Resolution No. 6871 Public Storage May 28, 2019
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, 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
c. Compliance with the City noise ordinance
d. Best management practices
e. Any other measures as determined to be appropriate by the Director of
Community 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 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.
11. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
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and grading permits, and in the construction management plan(s), unless
otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall 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.m. 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 construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed 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., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt tracked-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
Resolution No. 6871 Public Storage May 28, 2019
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations \[CCR\]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. A publicly visible sign shall be posted with the telephone number and person
to contact at the City of Cupertino regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The BAAQMD phone
number shall also be visible to ensure compliance with applicable regulations.
Applicant shall indicate compliance with BAAQMD’s basic control measures on
all demolition, construction and grading permits and construction management
plan(s).
13. BIRD AND NEST SAFETY
Applicant shall indicate compliance with the following Bird and Nest Safety
requirements on all demolition, 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 removal 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 1 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 shall be completed no more than seven days prior to
the initiation of demolition/construction activities (including tree removal and
pruning). During this survey, the ornithologist shall inspect all trees and other
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
construction activities, no further mitigation is required. If an active nest is
found sufficiently close to work 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
Resolution No. 6871 Public Storage May 28, 2019
that no nests of species protected by the MBTA and California Fish and Game
Code will be disturbed 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 measures
(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 demolition, construction and grading permits and construction management
plan(s).
a. If human remains are encountered at the site, all work in the immediate vicinity
of the discovery shall cease and necessary steps to ensure the integrity of the
immediate area shall be taken.
b. The Santa Clara 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
Likely 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 make recommendations regarding the disposition of the
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 may request mediation by the
NAHC.
15. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall
obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since the building size is over 50,000 square feet. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria.
Resolution No. 6871 Public Storage May 28, 2019
16. EXTERIOR BUILDING 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
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and
approved by the Director of Community 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
the change.
17. 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.
18. 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.
19. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
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
been installed. The findings of the assessment shall be consolidated into a
landscape installation report. The landscape installation report shall include, but
is not limited to: inspection to confirm that the landscaping and irrigation system
are installed as specified in the landscape and irrigation design plan, system tune-
Resolution No. 6871 Public Storage May 28, 2019
up, system test with distribution uniformity, reporting overspray or run-off that
causes overland flow, and preparation of an irrigation schedule. The landscape
installation report shall include the following statement: “The landscape and
irrigation system have been installed as specified in the landscape and irrigation
design plan and complies with the criteria of the ordinance and the permit.”
21. LANDSCAPE INSTALLATION/REHABILITATION SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C of the Landscape
Ordinance. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
landscape design plans, and irrigation plans shall be reviewed and approved to
the satisfaction of the Director of Community Development prior to issuance of
building permits. A full 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
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.
23. 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.
24. 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
Resolution No. 6871 Public Storage May 28, 2019
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with
all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. PUBLIC INFRASTRUCTURE CONTRIBUTIONS
Prior to Building 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 satisfaction of the Director of Public
Works. The easement area shall be stripped and covered with filter fabric and
drain rock, in which the City shall maintain upon completion of the dedication.
The easement agreement language shall allow for the City to make improvements
for any future multi-use trail facility, which could include, but not be limited 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
adversely impact the adjacent channel.
3. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the Director of Public
Works. All improvements must be completed and accepted by the City prior to
Building Final Occupancy.
4. PEDESTRIAN AND BICYCLE 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
Resolution No. 6871 Public Storage May 28, 2019
as approved by the Director of Public Works.All improvements must be
completed and accepted by the City prior to Building Final Occupancy. All
improvements must be completed and accepted by the City prior to Building Final
Occupancy.
5. GRADING
Prior to building permit issuance, grading shall be as approved and required by
the Director of Public Works in accordance with Chapter 16.08 of the Cupertino
Municipal Code. 401 Certifications and 404 permits may be required. Please
contact Army Corp of Engineers and/or Regional Water Quality Control Board 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
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 Director of Public Works. 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.
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 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 Director of Public Works.
The Developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
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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.
8. DEVELOPMENT FEES AND BONDS
Prior to building permit issuance, the Developer shall provide for payment of fees
and bonds, including but not limited to plan check and inspection fees, storm drain
fees, park dedication fees and fees for undergrounding of utilities.
Fees:
a. Plan Check & Inspection Fees: Per current fee schedule ($857)
b. Grading Permit: Per current fee schedule ($2,941 or
6% of improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($4,902 per AC)
d. Traffic Impact Fee: Per current fee schedule ($6,236 per new
peak-hour trip generated)
e. Storm Management Plan Fee: Per current fee schedule ($1,382)
f. Streamside Permit Fee: Per current fee schedule ($348)
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.
9. TRANSPORTATION IMPACT FEES
Prior to building permit issuance, the Project is subject to the payment of Traffic
Impact 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 setback requirements.
Resolution No. 6871 Public Storage May 28, 2019
11. 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. (Sections 9.18.210 H
& K of Cupertino Municipal Code)
12. 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 Director of Public Works.
13. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
14. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site driveways
to a location approved by the Cupertino Planning Department, Santa Clara
County Fire Department and the water company.
15. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in grading and street improvement plans.
16. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board
(SWRCB), the Developer must obtain a Notice of Intent (NOI) from the SWRCB,
prior to building permit issuance which encompasses preparation of a Storm
Water Pollution Prevention Plan (SWPPP), use of construction Best Management
Resolution No. 6871 Public Storage May 28, 2019
Practices (BMPs) to control storm water runoff quality, and BMP inspection and
maintenance.
17. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
18. WORK SCHEDULE
Every 6 months, the Developer shall submit a work schedule to the City to show
the timetable for all grading/erosion control work in conjunction with this project.
19. TRAFFIC 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 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.
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 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).
22. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
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 backflow preventers before
issuance of a building permit approval.
Resolution No. 6871 Public Storage May 28, 2019
24. DEDICATION OF UNDERGROUND WATER RIGHTS
Prior to building permit issuance, the 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.
25. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
26. 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.
27. ENVIRONMENTAL PROGRAMS DIVISION OF APPROVAL FOR TENANT
IMPROVEMENTS AND DEVELOPMENT
The applicant and propery must comply with 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. 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. Refer to CFC Sec. 510 for further
requirements. Emergency Radio Responder Coverage requirements applies to both
buildings.
2. 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. 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
Resolution No. 6871 Public Storage May 28, 2019
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
CMC.
3. STANDPIPES REQUIRED
Standpipe systems shall 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 manual
wet type. In buildings used for high-piled combustible storage, fire hose protection
shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall
be installed in accordance with this section and NFPA 14 as amended in Chapter 47.
CFC Sec. 905
4. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire
protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project,
and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection 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). 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
Department 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.
Resolution No. 6871 Public Storage May 28, 2019
6. REQUIRED FIRE DEPT. ACCESS
Commercial and Industrial Developments
a. Buildings exceeding three stories or 30 feet 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.
b. 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 separate and approved fire apparatus access roads.
c. 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.
7. FIRE ALARM 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 alternative methods of
protection are provided. Temporary street signs shall 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 with the requirements of this section and shall
extend to within 150' of all portions of the facility and all 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 503.1.1 Currently there are two portions of rear walls
that are outside of the 150' prescribed distance. Per CFC Section 503.1.1 Exception 1.1
The building is equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1, thus 200' would be acceptable.
10. REQUIRED AERIAL ACCESS
a. 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 power lines shall not be
located within the aerial fire apparatus access roadway.
Resolution No. 6871 Public Storage May 28, 2019
b. Width: Fire apparatus access roads shall have a minimum unobstructed width of
26 feet (7925) in the immediate vicinity of any building or portion of building more
than 30 feet (9144 mm) in height.
c. 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 Chp. 5 and SCCFD
SD&S A-1. Provide additional information on the site access plans to show
compliance with above requirements. Received request for modification/AMM
appeal regarding site access that was included in this resubmittal, in which SCCFD
has approved.
11. 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.
12. 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.
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 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. Revise site plan to show 60' turning radius for aerial access.
Resolution No. 6871 Public Storage May 28, 2019
15. REQUIRED FIRE FLOW
Confirmed 1,313 gpm @ 20 psi acceptable.
16. FIRE DEPARTMENT CONNECTION LOCATIONS (FDC):
FDC's shall be installed at the street side of the address side of the building. It shall
be located within 100 feet of a public fire hydrant and within ten (10) feet of the main
PIV. FDC's shall 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 shall have a minimum four (4) way inlet coupling. See SCCFD Standard
SP2 for Installation of Fire Service Underground Piping, FDC's and Fire Hydrants,
which has been included.
17. POST INDICATING VALVES (PIV):
On the plans, specify that the PIV shall 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, FDC’s and Fire Hydrants.
SECTION VI: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
1. IMPROVEMENT PLANS
Improvement plans shall be submitted to the District for review and comments.
2. FEES AND PERMITS
Cupertino Sanitary District fees and permits will be required.
th
PASSED AND ADOPTED this 28 day of May 2019, at the Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Vice Chair Saxena, Moore, Fung, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Chair Wang
ATTEST: APPROVED:
/s/Benjamin Fu /s/Vikram Saxena
Benjamin Fu Vikram Saxena
Acting Dir. of Community Development Vice Chair, Planning Commission