Action Letter
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CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Ellen Yau, Associate Planner
Date: November 14, 2019
Subject: Director’s Minor Modification, DIR-2019-009, to allow for the construction
of a roofed sand and gravel storage facility at PG&E's Cupertino Service
Center located at 10900 N Blaney Avenue, APN 316-03-045.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Commission in time to allow an appeal of the decision
within 14 calendar days.
BACKGROUND
On behalf of PG&E, the applicant, Natane Rogers of Seegert Construction, is proposing
to install a 24’-0”x 96’-0” pre-engineered metal canopy for storage of sand and gravel
materials at PG&E’s service center.
DISCUSSION
PG&E currently stores uncovered building and construction materials piled on natural
grade against an existing
border concrete wall toward
the northwest corner of the
property (see Figure 1). Due
to environmental concerns
regarding exposed loose
materials that could
contribute to stormwater
runoff issues, a metal canopy
is being proposed to relocate
the materials underneath it to
protect them from the
elements.
Figure 1: Aerial of location of existing (red outline) and proposed (blue outline)
spoils area (Orange – Property line)
HOMESTEAD ROAD
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The proposal will relocate the
materials underneath a new 19’-0”
tall metal canopy that will be
located 55’-0” away from the
closest property line (northern
property line along Homestead
Road). The canopy will have
partial walls on the west, north,
and south sides with an opening
height of approximately 5’-2”
from grade (see Figure 2). The area
inside the canopy will be further separated by concrete block walls into six areas for
materials storage (see Figure 3).
Figure 3: Floor plan of proposed enclosure
This proposal will improve site conditions by addressing runoff issues and there is no
increase in impacts to aesthetics or noise anticipated. In addition, since this is an existing
use of the property, the relocation of the materials to under a shelter is not anticipated to
cause any intensification of the use.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15303: New
Construction or Conversion of Small Structures, and further deems the modification
minor and approves the project with the following conditions of approval:
Figure 2: North elevation of proposed enclosure
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1. APPROVED EXHIBITS
Approval is based on exhibits titled “PG&E Spoils Cover”, prepared by Code Plus
Inc., consisting of 7 sheets labeled as SP1, SP2, SW1, S1, S2, S3, and S4, except as may
be amended by the conditions contained in this resolution.
2. ACCURACY OF THE 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.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as
specifically amended by this Director’s Minor Modification approval.
4. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a) Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas adjacent
to windy periods; active areas adjacent to existing land uses shall be kept damp at
all times or shall be treated with non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e) The applicant shall incorporate the City’s construction best management practices
into the building permit plan set.
5. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
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
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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 the 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.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
7. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall indemnify, defend with the
attorneys of the City’s choice, and hold harmless the City, its City Council, and its
officers, employees, and agents (collectively, the “indemnified parties”) from and
against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy,
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 related to this
Resolution/Action Letter, the related entitlements, 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 (thirty) days following receipt of
invoices from City. Such attorneys’ fees and costs shall include amounts paid to the
City’s outside counsel 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. The applicant shall likewise indemnify, defend, and hold
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harmless the indemnified parties from and against any damages, attorneys’ fees, or
costs awards, including attorneys’ fees awarded under Code of Civil Procedure
section 1021.5, assessed or awarded against the indemnified parties.
8. 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.
This Director’s approval is effective November 14, 2019. The 14-calendar-day appeal
period will expire on November 28, 2019.
Enclosures:
Attachment A: Plan set
Attachment B: DIR-2019-009 Planning Narrative