CC 01-13-2022 Item No. 2 Amended Attachment C – Draft Resolution for DP-2020-001
RESOLUTION NO. _________
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A DEVELOPMENT PERMIT TO A NINE (9) UNIT RESIDENTIAL
DEVELOPMENT AND ONE (1) ADU LOCATED AT 22690 STEVENS CREEK
BOULEVARD (APN: 341‐14‐066, 342‐14‐104 & 105)
SECTION I: PROJECT DESCRIPTION
Application No.: DP‐2020‐001
Applicant: Alan Enterprises LLC
Location: 22690 Stevens Creek Boulevard;
APN#s 341‐14‐066, 342‐14‐104 & 105
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit
(Application No. DP‐2020‐001) as described in Section I of this resolution; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) (“CEQA”) and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (ʺCEQA
Guidelinesʺ), the City prepared an Initial Study and proposed Mitigated Negative
Declaration (“Project”); and
WHEREAS, on October 28, 2021, the City of Cupertino’s Environmental Review
Committee held a duly noticed public hearing to receive public testimony and reviewed
and considered the information contained in the Draft IS/MND, and voted 5‐0‐0 to
recommend that the City Council adopt the Draft IS/MND (EA‐2020‐001) and mitigation
measures; and
WHEREAS, on November 23, 2021, the Planning Commission held a duly noticed public
hearing to receive staff’s presentation and public testimony, and to consider the
information contained in the IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public
hearing, and recommended on a 4‐1‐0 (Wang no) vote, based on substantial evidence in
the record, that the City Council adopt the MND, adopt and incorporate into the Project
and implement as conditions of approval all of the mitigation measures for the project
that are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting
Program for the Project (EA‐2020‐001); and
WHEREAS, on November 23, 2021 the Planning Commission recommended on a 4‐1‐0
(Wang no) vote that the City Council approve Zone Map Amendment (Z‐2020‐001) in
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substantially similar form to the Resolution presented (Resolution No. 6932), approve the
Development Permit (DP‐2020‐001) in substantially similar form to the Resolution
presented (Resolution No. 6933), approve the Architectural and Site Approval Permit
(ASA‐2020‐001) in substantially similar form to the Resolution presented(Resolution No.
6935), approve the Vesting Tentative Map (TM‐2020‐001) in substantially similar form the
Resolution presented (Resolution No.6934) AND approve the Use Permit (U‐2020‐001) in
substantially similar form to the Resolution presented (Resolution No. 6936)
WHEREAS, all necessary public notices having been given as required by the Procedural
Ordinance of the City of Cupertino and the Government Code, and the Planning
Commission held at least one public hearing in regard to this application, and on January
1813, 2022, 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 January 1813, 2022, 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. [####] adopting and requiring as conditions of
approval all of the mitigation measures for the Project which are within the responsibility
and jurisdiction of the City that are identified in the IS/MND, and adopting the Mitigation
Monitoring and Reporting Program for the Project; 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 has been determined to be consistent with the General Plan, and the Zoning
Ordinance with the adoption of the Zone Map Amendments (Z‐2020‐001). The project has
been designed to be compatible with and respectful of adjoining land uses. Additionally, all
mitigation measures that are within the responsibility and jurisdiction of the City have been
adopted and will be made conditions of approval in order 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.
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The General Plan land use designation for the property is Commercial/Residential. The
proposed use has been determined to be consistent with the General Plan in that the General
Plan allows for commercial, residential, or a mixed‐use commercial residential development.
The subject property will be zoned Planned Development with General Commercial and
Residential intent with the approval of the Zone Map Amendment (Z‐2020‐001). Projects that
are not on the City’s list of approved Housing Element sits are required to obtain a Use Permit
(U‐2020‐001), which the project is seeking and subject to approval, see Condition of Approval
(COA) #3 in Section III. The proposed development has been determined to meet the applicable
development standards in the General Plan and the City of Cupertino’s Municipal Code.
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 IS/MND and the Mitigation Monitoring and Reporting
Program for the Project (EA‐2020‐001), 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‐2020‐001, 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‐2020‐001 as set forth in the Minutes of the City Council Meeting of
January 1813, 2022, 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 January 29, 2021 consisting of 47 sheets
labeled as 22690 Stevens Creek Blvd, Cover Sheet, A1.01‐A1.20, L1‐L4, C0.0‐C7.2,
JT1‐JT5, SL1‐SL3, Photometric Plan, prepared by Dahlin Group, BKF, Tarrar
Utility Consultants, Thomas Baak & Associates, LLP, and CREE Lighting, 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.
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3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA‐2020‐003, Z‐2020‐001, U‐
2020‐001, TM‐2020‐001, EA‐2020‐001
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. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of nine (9) of the residential unit
allocations for the Citywide housing allocation.
7. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City’s Below Market Rate (BMR) Housing
Program by dedicating 15% of the units. The applicant shall record a covenant,
which shall be subject to review and approval by the City Attorney, to be recorded
prior to the issuance of building permits. One 4BR unit shall be provide as a BMR
unit. The unit shall be made available to moderate income levels in compliance with
the City’s BMR Manual.
8. BMR UNIT DESIGN REQUIREMENTS
The Applicant shall detail how the following requirements shall be met prior to
building permit issuance:
a) BMR units shall be comparable to market‐rate units in terms of unit type, number
of bedrooms per unit, quality of exterior appearance and overall quality of
construction.
b) Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
9. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an
affordable housing agreement shall be recorded against the property. The
affordable housing agreement shall include, but not be limited to the following:
a) Total number of BMR units, type, location (site map), square footage, number of
bedrooms, and construction scheduling of market‐rate and BMR units;
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b) Provisions to ensure concurrent construction and completion of BMR units and
market‐rate units;
c) Affordability levels for each BMR unit;
d) Provisions for income certification and screening of potential occupants of BMR
units;
e) Restriction control mechanisms;
f) Financing of ongoing administrative and monitoring costs;
g) Other reasonably required provisions to implement the Affordable Housing Plan.
10. BMR UNIT TERMS OF AFFORDABILITY:
Prior to occupancy, the proposed project shall record covenants that require the
units to be occupied at rents that are affordable to moderate income level
households for a period not less than 99 years from the date of first occupancy of
the unit.
11. 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 owner 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.
12. 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.
13. FORMATION OF A PROPERTY OWNER’S ASSOCIATION
A Property Owner’s Association shall be formed to maintain the common areas of the
property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and
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approved by the City Attorney and the Director of Community Development prior to
recordation. The following terms shall be incorporated into the Association’s
Conditions, Covenants and Restrictions:
The members/board shall meet at a minimum of once/year
The Association dues shall cover:
o Maintenance of common area on the property in compliance with the
approved project and conditions of approval, including hardscaping,
parking, landscaping and accessory facilities and amenities, such as trash
bins/areas, common amenity areas, tree grates, outside trash bins, fences, etc,
o Building and site repair on a regular schedule, or as otherwise necessary, and
building renovation and replacement as necessary to ensure that the property
is maintained.
o Permits, including tree removal permits, required for maintenance and repair
of facilities in the common areas
Any changes to the exterior of the development must be reviewed by the
Property Owner’s Association.
Any changes to the CC&R’s must be reviewed and approved by the City
Disbanding of the Association shall require an amendment to the permit.
14. 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
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15. 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,
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.
The applicant shall comply with the above grading and construction hours and noise
limit requirements unless otherwise indicated.
16. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS I
Prior to the issuance of building permits, the project applicant shall submit an
acoustic study to the satisfaction of the Cityʹs Community Development Director
to demonstrate that unit interiors meet an interior noise level due to exterior noise
of 45 dBA CNEL, consistent with State and local noise standards. The study shall
be based on precise grading and architectural plans including specific construction
method details and materials to calculate the necessary exterior to interior noise
reduction of approximately 30 dBA to achieve 45 dBA CNEL. The precise exterior
to interior reduction would be determined in the acoustical study when precise
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grading plans with building elevations, footprints and architectural plans are
∙available. The applicant will be required to incorporate into the project design all
required noise insulation features and techniques necessary to reduce interior
noise levels to achieve the interior noise standard. To achieve the required interior
noise levels, features such as upgraded exterior wall and roof assemblies,
upgraded windows, and exterior doors may be required. In addition, a ʺwindows
closed” condition will be required with minimum supply of fresh air per UBC
requirements.
17. 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.
18. 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.
19. 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.
20. 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
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either require a modification to this permit or a new permit based on the extent of
the change.
Future changes to the exterior building materials/treatments must be reviewed
and approved by the Property Owner’s Association. However, any changes to the
building materials that do not match the approved materials shall require an
amendment to this permit or a new permit.
21. DARK SKY COMPLIANCE AND/OR BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved lighting plans to comply with
development standards of Cupertino Municipal Code Section 19.102.030 Bird‐Safe
Development Requirements and/or Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community
Development or their designee. The applicant shall provide all documentation
required to determine compliance with the Municipal Code. The final lighting
plan (including a detailed photometric plan) shall be reviewed and approved by
the Director of Community Development prior to building permit issuance. A
report from a licensed lighting engineer may be required to confirm all exterior
lighting throughout the site complies with the City’s Ordinance.
22. 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.
23. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
24. COMMON OPEN SPACE
The residential common open space shall provide amenities for passive and/or
active recreation including but not limited to play structures, barbeque areas,
picnic tables etc. and shall not be retained as only a hardscaped or landscaped area
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25. NOISE LEVELS AND ABATEMENT
Project uses and all equipment installed on the site shall comply with the City’s
Community Noise Control Ordinance at all times. Installation of any mechanical
or other equipment shall be evaluated to determine that the installation meets the
City’s Community Noise Control Ordinance. Any documentation or studies
required to determine this shall be provided by the applicant as his/her sole
expense. 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.
26. INGRESS/EGRESS EASEMENT
The applicant shall record an appropriate deed restriction and covenant running
with the land, subject to approval of the City Attorney, for all parcels that share a
common private drive or private roadway with one or more other parcels. The
deed restriction shall provide for necessary reciprocal ingress and egress easement
to and from the affected parcels. The easements shall be recorded at such time as
interest in one or more of the affected parcels is initially sold or transferred to
another party.
27. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
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
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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.
28. 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. EMERGENCY VEHICLE ACCESS EASEMENT
Developer shall provide an emergency vehicle access easement as necessary and if
required by the Santa Clara County Fire Department to facilitate emergency vehicle
access onsite.
2. TRAFFIC SIGNAL INSTALLATION
New traffic signals shall be installed at the southwest corner of Stevens Creek
Boulevard and South Foothill Boulevard and shall be approved by the Director of
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Public Works. Traffic signal plans must be completed and approved prior to Final
map approval.
3. STREE IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and frontage improvements along the project will be
required to the satisfaction of the Director of Public Works. Street improvements and
grading and drainage plans must be completed and approved prior to Final map
approval.
Street improvements may include, but not be limited to, new curb, gutter, detached
sidewalk, ADA ramps, driveways, storm drain main upgrades and laterals, street tree
installations, green stormwater infrastructure, traffic signals, streetlight and/or
pedestrian push button relocation. All improvements must be completed and
accepted by the City prior to Building Final Occupancy or Street Improvement
Encroachment Permit acceptance whichever comes first.
Maintenance of Green Stormwater Infrastructure shall be the responsibility of the
Developer and included in the Stormwater Management Facilities, Operation,
Maintenance and Easement Agreement to be executed during the building permit
stage. Additional comments will be provided and shall be incorporated prior to Final
Map approval.
4. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications, easements, quitclaims and other property rights and interests on
behalf of the City.
5. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the Director of Public Works. All
improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
6. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and
the Pedestrian Transportation Plan, and as approved by the Director of Public Works.
All improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
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7. STREET LIGHTING INSTALLATION
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and
the Pedestrian Transportation Plan, and as approved by the Director of Public Works.
All improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
8. GRADING
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 maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
9. DRAINAGE
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. 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.
Additional comments will be provided and shall be incorporated prior to Final Map
approval.
10. 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.
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The Applicant 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.
11. SUBDIVISION AGREEMENT
The project developer shall enter into a subdivision 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 recordation of Final Map.
Estimated Fees:
a. Checking & Inspection Fees: Per current fee schedule ($4,482 or 5% of
improvement costs)
b. Grading Permit: Per current fee schedule ($3,450 or 6% of
improvement costs)
c. Storm Drainage Fee: Per current fee schedule ($3,777 per AC + $286
per unit)
d. Transportation Impact Fee: Per current fee schedule $38,199 (single family
$6797 per unit) ($6,695 per new PM trip)
e. Encroachment Permit Fee: Per current fee schedule ($3,095 or 5% of
improvement costs)
f. Park Fees (excluding BMR units): Per current fee schedule: $480,000 ($60,000 per
unit)
g. Storm Management Plan Fee Per current fee schedule ($1,484)
h. Map Checking Fee Per current fee schedule ($11,527)
i. Street Tree Fee: By Developer or Per current fee schedule: $427
per tree
Bonds:
a. Faithful Performance Bond: 100% of Off‐site and On‐site Improvements
b. Labor & Material Bond: 100% of Off‐site and On‐site Improvement
c. 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
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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.
12. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior to
issuance of building permits. Existing buildings must be demolished prior to
recordation of the final map as building(s) cannot straddle between parcel lines.
13. TRANSPORTATION IMPACT FEES
The Project is subject to the payment of Transportation Impact Fees under City’s
Transportation Impact Fee Program under (Chapter 14.02 of the Cupertino Municipal
Code).
14. PARKS
The residential project is subject to the payment of park fees in‐lieu of park land
dedication under City’s Park Land Dedication Fee (Chapter 13.08 of the Cupertino
Municipal Code). Below Market Rate units do not incur Park Land Dedication Fees.
15. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based on the boundary
survey and setback requirements.
16. 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. (CMC 9.18.210 H & K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
17. 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, sidewalk, pavers, and street lights.
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18. 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.
19. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
20. 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.
21. 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.
22. 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.
23. 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.
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24. 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.
25. 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.
26. 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.
27. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
28. 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).
29. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
30. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before Final Map
approval.
31. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall “quit claim” to the City all rights to pump, take or otherwise
extract water from the underground basin or any underground strata in the Santa
Clara Valley.
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32. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to Final Map approval.
33. 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 recordation of Final Map. or issuance of building permits, whichever
comes first. Provide letters from PG&E and AT&T to state their concurrence with the
proposed easement relocation.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. FIRE SPRINKLERS REQUIRED:
(As noted on Sheet A0) Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section or
in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the
purposes of this section, firewalls used to separate building areas shall be constructed
in accordance with the California Building Code and shall be without openings or
penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or
subcontractor(s) are responsible for consulting with the water purveyor of record in
order to determine if any modification or upgrade of the existing water service is
required. A State of California 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. 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.
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3. 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
4. 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.
SECTION VI: CONDITIONS ADMINISTERED BY THE OFFICE OF COMMUNITY
DEVELOPMENT – BUILDING DIVISION
1. CALIFORNIA BUILDING CODE:
The proposed scope of work shall comply with the 2019 California Building Code
Chapter 11A.
SECTION VIII: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
District will require developer/owner to enter into an Installer’s Agreement. If the
project is approved and moves into final design, please have the developer/engineer
contact us to initiate the Installer’s Agreement.
Connection permit fees, Sewer Development Fees, & Treatment Plant Capacity Fees will
be required for the proposed work during the Building Permit Phase and will be
required as part of the Installer’s Agreement.
Cupertino Sanitary District shall approve sanitary sewer civil plans during Building
Permit Phase.
Provide Cupertino Sanitary District with a sanitary sewer easement (SSE) that is
separate from the Public Utility Easement (PUE). Location of SSE can be the same as
proposed PUE.
Addition of 9 residential units to the system might cause an issue with the District’s
downstream sewer capacity through the City of Santa Clara.
Provide the Cupertino Sanitary District with new parcel numbers for lots after
subdivision.
Page 20 of 20
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th 13th day of January, 2022 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date