CC Resolution No. 20-007 approving DP-2018-01 - Development Permit
RESOLUTION NO. 20-007
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF
A NEW 7-STORY, 155 ROOM HOTEL ON A 1.29-ACRE SITE LOCATED AT 10931
NORTH DE ANZA BLVD. (APN: 326-10-061)
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2018-01
Applicant: De Anza Properties (Sherly Kwok)
Property Owner: Northwest Properties, LP
Location: 10931 N De Anza Blvd. (APN #326-10-061)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I. of this resolution; and
WHEREAS, all 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, the City of Cupertino’s Environmental Review Committee at its August 1,
2019 meeting reviewed the Public Draft Initial Study (“Draft IS/MND”) for The De Anza
Hotel Project (“Project”), received public comments, and voted 4-0 (Saxena Absent) to
recommend adoption of a Mitigated Negative Declaration (“MND”) with minor
modifications, and provided measures that ensure the least impactful development of the
proposed hotel; and
WHEREAS, based on substantial evidence in the record, on December 10, 2019, the
Planning Commission recommended on a 5-0 vote that the City Council adopt the MND
(EA-2018-03) for the Project, adopt and incorporate into the Project and implement as
conditions of approval all of the mitigation measures for the Project within the
responsibility and jurisdiction of the City that are identified in the Final IS/MND, and
adopt the Mitigation Monitoring and Reporting Program for the Project, prior to taking
final action on the Project; and
WHEREAS, on December 10, 2019 the Planning Commission recommended on a 4-0
(Saxena Absent) vote that the City Council approve the General Plan Amendment (GPA-
2018-01), in substantially similar form to the Resolution presented (Resolution No. 6890),
approve the Development Permit (DP-2018-01) in substantially similar form to the
Resolution No. 20-007
Page 2
Resolution presented (Resolution No. 6892), approve the Architectural and Site Approval
Permit (ASA-2018-02) in substantially similar form to the Resolution
presented(Resolution No. 6893), approve the Use Permit (U-2018-02) in substantially
similar form to the Resolution presented (Resolution No. 6894), approve and adopt an
ordinance to approve a Development Agreement (DA-2018-01) in substantially similar
form to the Ordinance presented; and
WHEREAS, all necessary public notices having been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, on March 3, 2020, the City
Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, on March 3, 2020, after consideration of substantial evidence contained in the
entire administrative record, and prior to consideration of the Development Permit, the
City Council adopted Resolution No. 20-005 adopting the MND and Resolution No. 20-
006 adopting the General Plan Amendment; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Development Permit.
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 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. The subject property is zoned as General
Commercial with special development conditions. 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 proposed development has met the applicable development standards of the general plan
Resolution No. 20-007
Page 3
(as approved through GPA-2018-01) 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-2018-03), 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-2018-01, 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-2018-01 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.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.
1. APPROVED EXHIBITS
Approval is based on the plan set dated April 19, 2019 consisting of 44 sheets
labeled as The De Anza, Table of Contents, A0.00 – A5.15, A11.00-A11.08, C1.0-
C3.2, and L1-L4, drawn by Winkleman Designs, JMH Weiss, and The Guzzardo
Partnership, Inc. 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.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. GPA-2018-01, DA-2018-01, ASA-
2018-02, U-2018-02 and EA-2018-03 shall 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.
Resolution No. 20-007
Page 4
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. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 155 of the hotel room allocations for the
Homestead Special Area.
7. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project
in accordance with the City’s Parking Regulations under Chapter 19.124 of the
Cupertino Municipal Code.
8. AUTOMOBILE PARKING
The applicant shall provide at least 183 parking spaces for the prosposed project.
9. 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.
10. 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.
Resolution No. 20-007
Page 5
11. 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.
12. 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. 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. Staging of construction equipment shall not occur within ___ feet of any
residential property.
g. Any other measures as determined to be appropriate by the Director of
Community Development
13. 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
Resolution No. 20-007
Page 6
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.
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.
14. 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.
15. INDOOR MATERIALS RELATED TO FORMALDEHYDE EXPOSURE:
Interior building materials are regulated by the California Building Code in the
California Green Building Standards Code (CALGreen), which the City adopted
in Title 16, Buildings and Construction, of the Cupertino Municipal Code. The
project applicant shall comply with CALGreen Non-Residential Mandatory
Standards in Section 5.504.4.5, Composite Wood Products. As required, the project
applicant shall use only hardwood plywood, particleboard and medium density
fiberboard composite wood products used on the interior or exterior of the
building that meet the non-residentail requirements for maximum formaldehyde
emissions in parts per million as specified in California Air Resources Board’s
(CARB) Air Toxics Control Measure for Composite Wood (17 California Code of
Regulations Section 93120 et seq.), by or before the dates specified in those
sections, as shown in Table 5.504.4.5. In addition, the project applicant shall
comply with CALGreen voluntary standards for no added formaldehyde (NAF)
Tier 1 composite wood products approved by CARB as NAF based resind or ultra-
Resolution No. 20-007
Page 7
low emitting formaldehyde (ULEF) resins as described in CALGreen Section
A5.504.4.5.1 where building materials available.
16. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the Building Official and the Fire Marshall or their designee that the
proposed plans comply with Building and Fire Codes in effect at the time of
application for a building permit.
17. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The
plan shall specify locations of trash facilities, refuse pick up schedules and truck
delivery schedules and routes. All trash facilities must be screened and enclosed
to the satisfaction of the Public Works Department. The final plan shall be
submitted to the City for review and approval prior to issuance of building
permits.
18. 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. The project shall adhere to bird safe design guidelines including, but
not limited to, using building materials having a light reflectance value of more
than 15 percent, low-level illumination lighting with no up-lighting on the
building exterior, and incorporating UV coating, frosting, and fritting to the
railings located on the second-floor balconies and roof top lounge respectively.
19. SITE LIGHTING
All new lighting must conform to the standards in the Parking Regulations
Ordinance and commonly accepted “Dark Sky” design standards that minimize
glare while reducing light trespass and skyglow, 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
Resolution No. 20-007
Page 8
from a licensed lighting engineer may be required to confirm all exterior lighting
throughout the site complies with the City’s Ordinance.
20. 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.
21. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
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. 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-2018-01) adopted on ________
date, which includes the following:
• Shuttle Service
• Meeting Rooms
• Reduced Rates
24. 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
Resolution No. 20-007
Page 9
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 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.
25. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. TRAFFIC IMPACT FEES
Project will be subject to a Traffic Impact Analysis and Traffic Impact Fee prior to
building permit issuance. If mitigation measures are required, provide
preliminary plans for City to review and to determine the feasibility.
2. STREET IMPROVEMENTS & DEDICATION
Provide dedication and improvements of the public street along the project
frontage to the satisfaction of the Director of Public Works. Street
improvement design and dedication must be completed and approved prior to
issuance of Building Permit. Street improvements may include, but not be
limited to, detached sidewalk, driveways, storm drain laterals, street trees,
and street light. All improvements must be completed and accepted by the
City prior to Building Final Occupancy or Street Improvement Encroachment
Permit acceptance whichever comes first. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a description of such
dedication. You are hereby further notified that the 90-day approval period in
which you may protest this dedication, 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 dedication.
Resolution No. 20-007
Page 10
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.
4. 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.
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
Resolution No. 20-007
Page 11
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. Proposed landscape for the stormwater treatment
areas shall reflect plants and materials appropriate for stormwater treatment.
8. IMPROVEMENT AGREEMENT
The project developer shall enter into an improvement 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 ($7,389.00 or 6% of
improvement costs)
b. Grading Permit: Per current fee schedule ($3,059.00 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($9,566 per AC)
d. Power Cost: **
e. Strom Management Plan Fee: Per current fee schedule ($1,396)
f. Traffic Impact Fee Per current fee schedule ($3,421 per room –
credit for restaurant)
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.
Resolution No. 20-007
Page 12
The fees described above are based upon the current fee schedule adopted by the
City Council. However, the fees required 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. ENCROACHMENT AGREEMENT
Subject to City Council approval permitting private improvements encroaching
into the public right of way, specifically the building roof and awning overhang
over the public sidewalk. Developer shall enter into an encroachment agreement
with the City to construct, use, repair, and maintain certain private improvements
within the public right of way.
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.
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
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
Resolution No. 20-007
Page 13
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
Traffic Control Devices (MUTCD) standards for all signage and striping work
throughout the City.
20. STREET TREES
Resolution No. 20-007
Page 14
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.
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.
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,
Resolution No. 20-007
Page 15
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
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 /PRIVATE 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.
Resolution No. 20-007
Page 16
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.
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
Resolution No. 20-007
Page 17
provided between building A and B and building D. CFC Chp. 5 SCCFD SD&S A-
1.
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
Resolution No. 20-007
Page 18
of the existing public safety communication systems. Refer to CFC Sec. 510 for further
requirements.
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. CFC Sec. 505.1
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 upsized from six-inches to eight-inches.
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.
SECTION VII: This Resolution shall not take effect unless and until General Plan
Amendment GPA-2018-01 becomes effective. This Resolution shall take effect on the
day that the Development Agreement for the Project takes effect.
Resolution No. 20-007
Page 19
PASSED AND ADOPTED this 3rd day of March 2020, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks
NOES: Willey
ABSENT: None
ABSTAIN: None
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
4/6/2020__________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
4/6/2020__________________
Date