DIR-2020-013 action letter 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: Erika Poveda, Associate Planner
Date: November 5, 2020
Subject: Director's Minor Modification, DIR-2020-013, to consider the installation of
a standby emergency generator with enclosure in an Agricultural
Residential(A1-43)zoned property located at 10600 N. Portal Avenue,APN
316-32-057.
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
The applicant, John Anderson with California Water Service, is proposing a 450W
standby emergency generator with enclosure in an Agricultural Residential (A1-43)
zoned property located at 10600 N. Portal Avenue.
The approximately 34,550-square-foot parcel is owned by the California Water Service
Company and is part of the Los Altos Suburban Water District. The site consists of two
drinking water well pumps and ancillary uses including booster pumps, equipment
cabinets, and antennae.
The site is located in the North Blaney neighborhood, south of Highway 280 and east of
N. Portal Avenue. The subject property is zoned Agricultural Residential (A1-43) with a
land use designation of Public Facilities per the Cupertino General Plan. Adjacent land
uses are single-family residences to the south and west, and Highway 280 to the north
and east (see Figure 1).
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Figure 1.Zoning Map
DISCUSSION
The proposed generator is an ancillary use to the existing California Water Service sub-
station site and shall be used for emergency purposes only, where emergency use is
defined as loss of normal utility power by Pacific Gas and Electric (PG&E) for the sub-
station.
The standby generator and exhaust with surrounding enclosure measures 18'-6" by 6 -
10",which is approximately 126 square feet in area and 6'-3"in height from natural grade.
The proposed structure complies with the height and setback regulations of the
Accessory Buildings/Structures Ordinance, Chapter 19.100 of the Cupertino Municipal
Code,by proposing a 119'-0" setback from the front (westerly) property line, 65'-0" from
the northerly side property line, and 35'-8 1/z" from the southerly side property line.
Furthermore, visual impact to the single-family residences to the south will be mitigated
by the existing 6'-0" high redwood fence.
The project also complies with the Community Noise Control Ordinance, Chapter 10.48
of the Cupertino Municipal Code, which regulates noise levels for receiving properties
and provides an exception for emergency work. Per the emergency exception to the
Community Noise Control Ordinance,the provisions of the chapter shall not apply to the
emission of sound in the performance of emergency work, which is defined as any work
performed for the purpose of preventing or alleviating the physical danger, trauma, or
property damage threatened or caused by an emergency,or restoration of conditions and
property to their status prior to the emergency.
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The standby emergency generator with enclosure is therefore considered minor in nature
as it is not expected to adversely impact the surrounding single-family residential
properties.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing
Facilities and further deems the modification minor and approves the project with the
following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "California Water Service Company, Los Altos
District Station 34, Generator Installation," prepared by California Water Service,
consisting of 10 sheets labeled LAS-3539 R1 (sheets 1 &2) and dated August 26, 2020,
LAS-3540 (sheets 1 - 3) dated April 6 and April 16, 2020, LAS-3541 R2 (sheets 1 — 3)
dated April 16 and June 8, 2020, LAS-3542 dated April 16, 2020, and LAS-3543 dated
May 22, 2020, and the specification sheets titled "Diesel Generator Set QSX15 Series
Engine," consisting of 30 sheets, except as may be amended by the conditions
contained in this resolution.
2. ACCURACY OF THE 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. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval for the California Water Service Company, Los Altos
District Station 34 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. 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.
5. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
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agree to 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 (collectively referred to as
"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 any Ordinance,
Resolution, or action approving the project, the related entitlements, environmental
review documents, finding or determinations, or any other permit or approval
authorized for the project. The indemnification shall include but not be limited to
damages, fees, and costs awarded against the City, if any, and cost of suit, attorneys'
fees, and other costs, liabilities, and expenses incurred in connection with such
proceeding whether incurred by the Applicant, the City, or the parties initiating or
bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. 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 agree to 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. The Applicant shall cooperate with the City to enter a
Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary by
proceedings challenging the project approvals and related environmental review, if
the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
6. 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
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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 until November 5, 2022.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Thursday, November 19, 2020 at 5:00 p.m.).
If this happens, you will be notified of a public hearing, which will be scheduled
before the Planning Commission. Please find a copy of the appeal form attached for
your convenience and to ensure your health and safety during the COVID pandemic(also
available online at: www.cupertino.org/plannin fg orms.) The completed appeal form and
filing fee must be received by the deadline to appeal and may be submitted in one of the
following ways:
1. Preferred: Email the completed form to cityclerk@cupertino.org and call (408)
777-3223 between 7:30AM—5:30PM (M-Th) and 7:30AM—4:30PM (F) to arrange
for payment by credit card.
2. Other options:
a. Mail the completed form and a check in the amount of$325 to Attn: City
Clerk, City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Obtain an appointment to file the appeal by contacting the City Clerk by
email or phone (see contact information above).
Please contact the City Clerk's office for additional guidance and instructions on how to
file.
Enclosures:
Attachment A: Plan set
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