CC Resolution No. 22-018 (DP-2019-05)RESOLUTION NO.22-018
A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING A
DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A 166,845
SQUARE FOOT STORAGE FACILITY LOCATED AT 10655 MARY AVE (APN 326-
06-050)
SECTION 1: PROTECT DESCRIPTION
Application No.: DP-20019-05
Applicant: Emilia Samudio (Jordan Architects)
Property Owner: Bass Cupertino, LLC
Property Address: 10655 Mary Avenue (APN: 326-06-050)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City Council of 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 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
18, 2022, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, on December 14, 2021 the Planning Commission recommended on a 4-0-1
(Kapil Absent) vote that the City Council approve the Development Permit (DP-2019-05)
in substantially similar form to the Resolution presented (Resolution No. 6944), approve
the Architectural and Site Approval Permit (ASA-2019-05) in substantially similar form
to the Resolution presented (Resolution No. 6945), approve the Fence Exception Permit
(EXC-2019-04) in substantially similar form to the Resolution presented (Resolution No.
6946), approve the Tree Removal Permit (TR-2019-048) in substantially similar form to
the Resolution presented (Resolution No. 6947); and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15332, and the
exemption in CEQA Guidelines section 15183, for the reasons set forth in the staff report
dated January 18, 2022 and incorporated herein; and
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Page 2
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the City Council finds as follows with regard to this application:
a) 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 proposal is an update to an existing storage facility that will demolish s of the seven
(7) structures on site to all for a building area totaling 166,845 sq. ft. The project provides
new landacping and improvements along the frontage to screen the project from public
view, and to allow for future improvements to accommodate a planned trail in the project
vicinity. The building has been designed to blend into the surrounding area by creating
an updated building design that incorporates different building materials (i.e. spandrel,
glass, metal panels, etc.) and updated landscaping throughout the site. Therefore, the
proposal will not be detrimental or injurious to property or improvements in the vicinity.
b) 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 Industrial/Residential. The
existing and proposed use (a storage facility) is consistent with the General Plan. The
subject property is zoned as Planned Development with Quasi -Public and Mini Storage
intent (BQ, Mini-Stor). The underlying Mini -storage uses allow for the type of use. The
proposed development has met the applicable development standards of the general plan
and zoning district such as height, setbacks, and parking regulations. The principal
building is at 30' or below, and any increase in height is to screen proposed mechanical
equipment. Therefore, the proposed development is consistent with the purpose of the
City's zoning ordinance; and
NOW, THEREFORE, BE IT RESOLVED:
The application for a Development Permit, Application No. DP-2019-05, 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-2019-05 as set forth in the Minutes of the City Council Meeting of
January 18, 2022, and are incorporated by reference as though fully set forth herein.
1. The City Council exercises its independent judgment and determines that the Project
is exempt from CEQA pursuant to CEQA Guidelines section 15332 and the exemption
in CEQA Guidelines section 15183. The exemption in CEQA Guidelines section 15332
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Page 3
applies to an infill development project which 1) is consistent with the applicable
General Plan designation and all applicable General Plan policies, as well as the
applicable Zoning designations and regulations; 2) occurs within the City limits on a
site of less than 5 acres in size that is substantially surrounded by urban uses; 3) is
located on a site that has no value for endangered, rare or threatened species; 4) would
not result in any significant effects related to traffic, noise, air quality or water quality;
and 5) can be adequately served by all required utilities and public services. The
exemption in CEQA Guidelines section 15183 applies to a project that is consistent
with General Plan designations and zoning for the site described in the General Plan,
the potential impacts of which would be substantially mitigated by the imposition of
uniformly applied standard conditions of approval. The General Plan Amendment,
Housing Element Update, and Associated Rezoning Final Environmental Impact
Report (SCH No. 2014032007), certified by the City Council on December 4, 2014, was
prepared consistent with the requirements for applicability of streamlining under
CEQA Guidelines Section 15183(d)(2), and there are no environmental effects that are
peculiar to the proposed project or project site that were not analyzed in the General
Plan EIR;
2. The application for a Development Permit, Application no. DP-2019-05 is hereby
recommended to be approved; and
The subconclusions upon which the findings and conditions specified in this Resolution
are based are contained in the Public Hearing record concerning Application no.(s) DP-
2019-05 as set forth in the Minutes of the City Council Meeting of January 18, 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 15, 2021 consisting of 34 sheets
titled as Bay Area Self Storage, A.1 - A.16, C0.1-C3.0, and CLP-01 - CLP-03
prepared by Bruce Jordan Architect, Sandis, and Preinaire Design Group, 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
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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. ASA-2019-05, EXC-2019-04 and TR-
2019-048 shall be 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.
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. 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.
7. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
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8. 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
9. 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
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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.
10. ACOUSTIC STUDY AND REDUCTION OF INTERIOR NOISE LEVELS
Prior to the issuance of building permits, the project applicant shall submit an
acoustic study to the satisfaction of the City's 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
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 "windows
closed" condition will be required with minimum supply of fresh air per UBC
requirements.•
11. 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 project is adding more than 50,000 square feet. Third
party LEER certification or alternative reference standard is required per the
ordinance criteria.
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12. 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.
13. 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.
14. 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.
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.
15. 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
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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.
16. 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.
17. SIGN PROGRAM
A sign program is required for this project. The sign program shall be approved
by the Director of Community Development prior to issuance of sign permits.
18. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
19. 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.
20. AIR FILTRATION
A MERV 13 or better air filtration system is to be built into both the manager's
habitation unit upstairs and the office unit downstairs of Building C.
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21. 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
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.
22. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS
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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. VALLEY WATER EASEMENT
Developer shall work directly with Valley Water to obtain Board approval of the
proposed quitclaim of the existing Valley Water ingress and egress easement and
dedication of the newly aligned easement. The quitclaim and dedication shall be
approved by the Valley Water Board and recorded prior to issuance of building
permits.
2. PUBLIC INFRASTRUCTURE IMPROVEMENTS & DEDICATIONS
Developer shall offer a 20-foot wide easement to the City for a future multi -use trail
facilityalong the eastside of the property, an ingress and egress easement for trail
maintenance access, and a construction access easement. The easement shall be
recorded prior to issuance of building permits.
Developer shall install a new wrought iron fence and gate for access between the
future easement and the storage facility in areas not lined by building to the
satisfaction of the Director of Public Works, and other public improvements and
contributions as agreed uponby the Developer and Director of Public Works.
3. STREAMSIDE PERMIT
The Project may be subject to applying for a Streamside Modification Permit due to
its proximity to the Junipero Serra Channel. The purpose of this permit is to ensure
that the project does not adversely impact the adjacent channel.
4. STREET IMPROVEMENTS & DEDICATIONS
Roadway dedication in fee title and frontage improvements along the project will be
required to the satisfaction of the Director of Public Works. All land containing
portions ofpublic sidewalk shall be dedicated in fee to the City. Street improvement
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plans and gradingand drainage plans must be completed and approved prior to
issuance of the Building Permit.
Street improvements may include, but not be limited to, new detached sidewalk, new
ADAramp, driveways, storm drain lateral, street tree installations, and street light
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. '
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
5. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all
offersof dedications, easements, quitclaims and other property rights and interests
on behalf of the City.
6. 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 mustbe completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
7. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g.
walkways, 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. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public
Works. Lighting fixtures shall be positioned so as 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.
9. 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
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and 404 permits maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
10. 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. 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 anincrease 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.
Developer shall provide an evaluation and pictures of the existing 10-inch storm drain
pipeand outfall to ensure its existing state is in good condition for the proposed
storm reconnection. Additional comments will be provided and shall be
incorporated prior to Building Permit approval.
11. 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
developershall reserve a minimum of 4% of developable surface area for the placement
of low impactdevelopment 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, andcertification 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.
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12. DEVELOPMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertinoproviding 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 and paid prior to issuance of Building
Permit.
Fees:
a. Checking & Inspection Fees:
6%
b. Grading Permit:
c. Storm Drainage Fee:
AC)
d. Transportation Impact Fee:
new
e. Encroachment Permit Fee:
f. Storm Management Plan Fee
g. Streamside Permit Fee:
Bonds:
Per current fee schedule ($8,668 min or
of improvement costs)
Per current fee schedule ($3,450 min
or 6%of improvement costs)
Per current fee schedule ($10,169 per
Per current fee schedule: $6,695 per
peak -hour trip ($187,460 based on 28
peakhour trips being generated)
Per current fee schedule ($1,534)
Per current fee schedule ($1,484)
Per current fee schedule ($425)
Faithful Performance Bond:100% of Off -site and On -site
ImprovementsLabor & Material Bond: 100% of Off -site and On -
site Improvement
On -site Grading Bond:100% of site improvements
The fees described above are imposed based upon the current fee schedule
adopted by theCity Council. However, the fees imposed herein may be modified
at the time of recordationof 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.
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Page 14
13. TRANSPORTATION IMPACT FEES
The Project is subject to the payment of Traffic Impact Fees under City's
Transportation Impact Fee Program under (Chapter 14.02 of the Cupertino
Municipal Code).
14. 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.
15. 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
requiredprior to obtaining a building permit. (CMC 9.18.210 H & K)
16. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
before issuance of a building permit approval. The Agreement shall include the
operation and maintenance for non-standard appurtenances in the public right-of-
way that may include,but is not limited to, sidewalk, pavers, and street lights.
17. 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 plansshall be subject to prior approval of the affected
Utility provider and the Director of PublicWorks.
18. 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 CommunityDevelopment Department. Transformers shall not be
located in the front or side building setback area.
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19. 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.
20. 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.
21. 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 BestManagement Practices (BMPs) to control storm water runoff
quality, and BMP inspection and maintenance.
22. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control 3measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
23. 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.
24. 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 trafficcontrol 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 forall signage and striping work throughout
the City.
25. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Directorof Public Works and shall be of a type approved by the City in accordance
with OrdinanceNo. 125.
Resolution No. 22-018
Page 16
Tree protection for the existing trees along the Cupertino Service Center northern
propertyline shall be provided in accordance with City Standards and specifications and
as requiredby the Director of Public Works.
26. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
27. 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 privateproperty adjacent to the public right of way, and fire department
connections must be located within 100' of a Fire Hydrant).
28. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
29. 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 issuance of a
building permit approval.
30. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim' to the City all rights to pump, take or otherwise extract
waterfrom the underground basin or any underground strata in the Santa Clara
Valley.
31. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
32. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, San Jose Water Company, Valley Water, and/or equivalent agencies)
will be required prior to issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
Resolution No. 22-018
Page 17
1. FIRE SPRINKLERS REQUIRED:
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive. For the purposes of this section,
firewalls used to separate building areas shall be constructed in accordance with the
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
CUPMC.
2. STANDPIPES REQUIRED FOR BUILDING A
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
Resolution No. 22-018
Page 18
4. PUBLIC FIRE HYDRANT(S) REQUIRED
Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire
Department and San Jose Water Company. Maximumhydrant spacing shall be 500
feet, with a minimum single hydrant flow of 1,000 GPM at minimum 20 psi, residual.
Fire hydrants shall be provided along required fire apparatus access roads and
adjacentpublic streets. CFC Sec. 507, and Appendix B and associated Tables, and
Appendix C.
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. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72.
7. 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.
8. ADDRESS IDENTIFICATION
New and existing buildings shall have approvedaddress 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 inadditional 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
9. 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
Resolution No. 22-018
Page 19
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.
10. EMERGENCY RADIO RESPONDER COVERAGE
Emergency responder radio coverage in new buildings. All new buildings shall have
approved radio coverage for emergency responders within the building based upon
the existing coverage levels of the public safety communication systems of the
jurisdiction at the exterior of the building. This section shall not require improvement
of the existing public safety communication systems. Refer to CFC Sec. 510 for further
requirements. Emergency Radio Responder Coverage requirements apply to Building
A.
11. ENTRANCE/EXIT
Entrance/exist must be 20' on both sides.
12. GROUND LADDER ACCESS:
Ground -ladder rescue from the second floor sleeping 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. Concrete
walkway (7) noted on Sheet A.3 continues around to the North side of the manager's
residence to allow ground ladder access to all bedroom egress windows.
13. EMERGENCY GATE/ACCESS GATE REQUIREMENTS:
Gate installations shall conform with Fire Department Standard Details and
Specification G-1 and, when open shall not obstruct any portion of the required width
for emergency access roadways or driveways. Locks, if provided, shall be fire
department approved prior to installation. Gates across the emergency access
roadways shall be equipped with an approved access devices. If the gates are operated
electrically, an approved Knox key switch shall be installed; if they are operated
manually, then an approved Knox padlock shall be installed. Contact
www.knoxbox.com to order key switch for gate. CFC Sec. 503.6 and 506. Sheet A.3 -
Gate width is noted as 20' clear for NE entrance/exit and that a Knox Key Switch will
be provided.
14. FIRE DEPARTMENT CONNECTIONS:
The fire department connection (FDC) shall be installed at the street on the street
address side of the building. It shall be located within 100 feet of a public fire hydrant
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and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due
to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-
and- one-half (2- 1/2") inch national standard threaded inlet couplings. Exception:
FDC's supplying private on -site fire hydrants shall have a minimum four (4) way inlet
coupling. Orientation of the FDC shall be such that hose lines may be readily and
conveniently attached to the inlets without interference. FDC's shall be painted safety
yellow. [SCCFD, SP-2 Standard]. Provide one FDC for each sprinkler system within
100' of the hydrant at the entrance.
SECTION VI: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF PUBLIC
WORKS ENVIRONMENTAL DIVISION
1. The C&D Plan(s) will be required to be submitted at the time of building permit plan
submittal (C&D plan shall include both demolition of existing facility and
construction of new facility. If a separate permit is issued for demolition/new
construction, a separate C&D Plan and Report will be required for each permit);
2. The style and finish details for the trio will be reviewed and require additional
information;
3. Acknowledgement of site accessibility be given to the waste hauler by the property
owner/facility operator for purposes of servicing waste containers stored within the
trash enclosure;
4. Documentation that all power and other utility lines in the waste hauler path of travel
be a minimum of 14 feet above grade and 20 feet above grade at the trash enclosure
to allow sufficient clearance for lifting and emptying front load bins;
5. The civil drawings will identify the model type of full trash capture devices installed
in each storm drain inlet and bioretention overflow;
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 181hday of January, 2022, by the following vote:
Vote Members of the City Council
AYES:
Paul, Chao, Moore, Wei, Willey
NOES:
None
ABSENT:
None
ABSTAIN:
None
Resolution No. 22-018
Page 21
SIGNED:
Darcy Paul Mayo
Date
City of Cupertino
ATTEST:
1/27/22
Kirsten Squarcia, City Clerk
Date