CC Resolution No. 19-092 Approving a Development Permit to Allow the Construction of a New 5-Story, 185 Room Hotel on a 1.72-Acre Site in the Cupertino Village Shopping Center Located at 10801 and 10805 North Wolfe Rd APN 316-45-017 and 316-05-56 RESOLUTION NO. 19-092
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A DEVLEOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF
A NEW 5-STORY, 185 ROOM HOTEL ON A 1.72-ACRE SITE IN THE CUPERTINO
VILLAGE SHOPPING CENTER LOCATED AT 10801 AND 10805 NORTH WOLFE
ROAD (APN: 316-45-017 AND 316-05-56)
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2018-04
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN: 316-45-017 and 316-05-56)
SECTION 11: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section 1. of this resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the City Council has held at least one public
hearing in regard to the application; and
WHEREAS, the City of Cupertino's Environmental Review Committee at its December
13, 2018 meeting reviewed the Draft Mitigated Negative Declaration, received public
comments, and recommended adoption of a Mitigated Negative Declaration on a 5-0 vote
with minor modifications, and provided measures that ensure the least impactful
development of the proposed hotel; and
WHEREAS, on June 11, 2019, the Planning Commission, after considering the
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS, on June 11, 2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented (Resolution no.6876), approve the Development
Permit(DP-2018-04) in substantially similar form to the Resolution presented (Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Resolution No. 19-092
Page 2
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
(Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution;
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the Development Permit; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019, the City Council adopted Resolution No. [####]
adopting the Final IS/MND and Resolution No. [####] adopting the General Plan
Amendment; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
The project is consistent with the General Plan as amended by General Plan Amendment
GPA-2017-05 and Zoning Ordinance and has been designed to be compatible with and
respectful of adjoining land uses. Additionally, the relevant mitigation measures will be
incorporated as part of the CEQA review process to mitigate potential impacts to a less than
significant level. Therefore, the project will not be detrimental or injurious to properties or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience.
2. The proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of the City's
zoning ordinances.
The General Plan land use designation for the property is Commercial/Residential. The
proposed use is consistent with the General Plan as amended by General Plan Amendment
GPA-2017-05. The subject property is zoned as Planned Development Zoning District with
General Commercial and Residential intent. As a hotel use in the general commercial zoning
district, the project is required to obtain a Conditional Use Permit(CUP), which the project is
seeking and subject to approval, see Condition of Approval (COA) #3 in Section III. The
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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
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program for the Project (EA-2017-01), subject to the conditions
which are enumerated in this Resolution beginning on PAGE 3 thereof, and those
contained in all other Resolutions approved for this Project,
The application for a Development Permit, Application No. DP-2018-04, is hereby
approved, and that the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing record concerning
Application no. DP-2018-04 as set forth in the Minutes of the City Council Meeting of July
16, 2019 Meeting, and are incorporated by reference as though fully set forth herein.
This Resolution shall not take effect unless and until the General Plan Amendment for
the Project (GPA-2017-05) becomes effective.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set received November 8, 2018 consisting of 48
sheets labeled as Planning Submittal, Table of Contents, 3-43, C1.1, C2.1, C2.2,
C3.1, and C.24 drawn by Hornberger+Worstell and Keir&Wright Civil Engineers
& Surveyors, Inc, except as may be amended by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. GPA-2017-05, DA-2017-01, ASA-
2017-09, TR-2017-46, U-2018-03 and EA-2017-06 shall applicable to this approval.
Resolution No. 19-092
Page 4
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.
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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.
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9. PR&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
re ared construction management plan, to ensure that construction complies
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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. Compliance with CEQA Mitigation Measures
b. Appropriate construction staging area
c. Hours of construction
d. Compliance with the City noise ordinance
e. Best management practices
f. Any other measures as determined to be appropriate by the Director of
Community Development
10. 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
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, j
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. j
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Nighttime 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.
11. HUMAN REMAINS
Applicant shall indicate compliance with requirements related to human remains
on all demolition, construction and grading permits and construction
management plan(s) as follows:
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.
12. 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.
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13. 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.
14. 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
buildingpermit issuance. A report from a licensed lighting engineer ma be
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required to confirm all exterior lighting throughout the site complies with the
City's Ordinance.
15. 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.
16. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
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17. 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-
s
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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 I
design plan and complies with the criteria of the ordinance and the permit."
18. 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.
19. 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.
20. ONGOING OBLIGATIONS
The applicant shall be responsible to implement the ongoing obligation as
described in the Initial Study/Mitigated Negative Declaration and section 5.1.2
through 5.1.7 of the Development Agreement (DA-2017-01) adopted on
date, which includes the following:
• Transportation Demand Management Program
• Preferential Hiring
• Shuttle Service
• Meeting Rooms
• Reduced Rates
• Internships
21. 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
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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.
22. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements,reservation requirements,and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications,reservations,and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with
all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. TRAFFIC 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).
2. STREET IMPROVEMENTS &DEDICATION
Provide a dedication in fee title and improvements of the public streets along the
project frontage to the satisfaction of the Director of Public Works.
Street improvements may include, but not be limited to the following: a) re-
construct curb ramp that crosses Wolfe Rd near the northerly driveway to ensure
debris does not collect in the curb ramp area, or provide other options for the City !�
to consider that will stop debris from collecting; b) install new sidewalk on Wolfe
Rd. &Pruneridge Ave.; c) install ADA ramp(s).
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3. 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
as approved by the Director of Public Works. All improvements must be E
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.
4. RECLAIMED WATER
The developer will be required, at the discretion of the Director of Public Works,
to install or contribute a fair share for a reclaimed water main along Wolfe Road
from the intersection at Homestead Rd to Pruneridge Ave.
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5. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public
Works. Lighting fixtures shall be positioned to preclude glare and other forms of
visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
6. 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.
7. 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.
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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.
Approved trash capture devices will be required onsite to detain trash from
flowing to the public storm drain system. Trash capture devices shall meet the
Municipal Regional Permit requirements.
8. 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
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.
9. IMPROVEMENT AGREEMENT
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The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking
and inspection fees, storm drain fees, park dedication fees and fees for under
grounding of utilities. Said agreement shall be executed prior to issuance of
construction permits
Fees:
a. Checking &Inspection Fees: Per current fee schedule ($7,105.00 or 6% of
improvement costs)
b. Grading Permit: Per current fee schedule ($2,941.00 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($9,471 per AC)
d. Power Cost: **
e. Strom Management Plan Fee: Per current fee schedule ($1,382)
f. Traffic Impact Fee +/- $470,659 Per current fee schedule ($3,387
per room—credit for restaurant)
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g. Street Tree By Developer
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor &Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
10. 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)
11. OPERATIONS &MAINTENANCE AGREEMENT
Developer shall enter into an Operations &Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that
may include,but is not limited to, landscaping, pavers, and streetlights.
Developer shall provide reciprocal easements for ingress,egress,landscaping,and
utilities between the project and adjacent parcel.
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
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
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the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
14. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed away from the public right of way and site driveways
to a location approved by the Cupertino Planning Department, Santa Clara
County Fire Department and the water company.
15. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP
plans shall be included in grading and street improvement plans.
16. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board
(SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB,
which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm
water runoff quality, and BMP inspection and maintenance.
17. 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
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
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Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
20. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of
the Director of Public Works and shall be of a type approved by the City in
accordance with Ordinance No. 125.
21. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
22. 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).
23. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
24. 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.
25. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. 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
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California Building Code and shall be without openings or penetrations. NOTE: The
owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. A State of California
licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a
completed permit application and appropriate fees to this department for review and
approval prior to beginning their work. CFC Sec. 903.2 as adopted and amended by
CMC.
2. 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
3. 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.
4. 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
Resolution No. 19-092
Page 16
mentioned code section. All new hydrants to comply with hydrant spacing
requirements.
5. 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
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. 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.
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. Aerial access as shown
for the Office Building is not adequate. Also, an aerial access roadway must be
provided between building A and B and building D. CFC Chp. 5 SCCFD SD&S A-
1.
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8. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED:
Provide access roadways with a paved all weather surface, a minimum width of 20
feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36
feet and 23 feet inside, and a maximum slope of 15%. For installation guidelines
refer to Fire Department Standard Details and Specification sheet A-1. CFC Sec. 503.
Include all above required dimensions on the plans.
9. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND
Provide an approved fire department engine roadway turnaround with a minimum
radius of 36 feet outside and 23 feet inside. Installation shall conform to Fire
Department Standard Details and Specification sheet A-1.Cul-de-sac. CFC Sec. 503 as
adopted and amended by CUPMC.
10. GROUND LADDER ACCESS
Ground-ladder access rescuer from second and third floor rooms shall be made
possible for fire department operations. With the climbing angle of seventy-five
degrees maintained, an approximate walkway width along either side of the building
shall be no less than seven feet clear. Landscaping shall not be allowed to interfere
with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
11. TWO-WAY COMMUNICATION SYSTEM
Two-way communication systems shall be designed and installed in accordance with
NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California
Fire Code (2016 edition), the California Building Code (2016 edition), and the city
ordinances where two-way system is being installed, policies, and standards. Other
standards also contain design/installation criteria for specific life safety related
equipment. These other standards are referred to in NFPA 72.
12. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72.
13. 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.
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Page 18
14. 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.
15. 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.
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.
3. LATERALS
The new hotel must utilize all three laterals that serve the parcel, Plans will be
reviewed during building phase.
4. RESTAURANT AND KITCHEN
Restaurant and Kitchen area must connect to adequately sized grease control
device. Grease control devise must be sized by Cupertino Sanitary District.
PASSED AND ADOPTED this 16ffi day of July 2019, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
Resolution No. 19-092
Page 19
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SI
Steven Scharf, Mayor Date!
City of Cupertino
ATTEST:
Date
Grace Schmidt, City Clerk