PC RESOLUTION NO. 2025-01 (EXC-2023-001)CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2025-01
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A HILLSIDE EXCEPTION TO ALLOW THE CONSTRUCTION
OF A NEW SINGLE-FAMILY RESIDENCE WITH CUMULATIVE
DISTURBANCE EXCEEDING 500 SQUARE FEET ON SLOPES GREATER
THAN OR EQUAL TO 30% LOCATED AT 22346 REGNART ROAD
SECTION I: PROTECT DESCRIPTION
Application No.: EXC-2023-001
Applicants: Zhaoguang Lei and Weiju Zhang
Location: 22346 Regnart Road (APN 366 40 005)
SECTION II: FINDINGS FOR A HILLSIDE EXCEPTION:
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Hillside Exception as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held at least one
public hearing in regard to the application; and
WHEREAS, 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 15303 for the
reasons set forth in the staff report dated March 11, 2025 and incorporated herein; and
WHEREAS, on March 11, 2025, the Planning Commission held a duly noticed public
hearing to receive public testimony on the Project, including the categorical CEQA
exemption in CEQA Guidelines section 15303, and reviewed and considered the
information contained in the staff report pertaining to the Project, all other pertinent
documents, and all written and oral statements received by the Planning Commission at
or prior to the public hearing; and
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
1. The proposed development will not be injurious to property or improvements in the
area nor be detrimental to public health and safety;
The proposed site is situated on a private road to the north of Regnart Road. The previously
undeveloped lot is surrounded by existing hillside single-family residences. A geotechnical
study has been conducted for the proposed project and all recommendations of the
geotechnical consultant have been incorporated into the development conditions of the
approval. In addition, the development is required to meet the Best Management Practices
(BMPs), as required by the State Water Resources Control Board and the Bay Area Air
Quality Management District's (BAAQMD) air quality standards for construction
activities. The project is also required to adhere to the City's C.3 Municipal Permit for
stormwater runoff management. Therefore, the development will not be injurious to property
or improvements in the area nor be detrimental to the public health and safety.
2. The proposed development will not create a hazardous condition for pedestrian or
vehicular traffic;
The proposed residence will be serviced by a new driveway located off of an existing shared
private road. A portion of the private road is located on the subject site. The location of the
driveway is not unique from the location of the driveways of other properties that share the
private road. The addition of the driveway for one single family home is not expected to create
a hazardous condition for pedestrian or vehicular traffic. During construction, the developer
must also 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. Therefore, the development
will not create a hazardous condition for pedestrian or vehicular traffic.
3. The proposed development has legal access to public streets and public services are
available to serve the development;
The property will be accessed by an existing shared private road off of Regnart Road. A
shared maintenance agreement is already recorded for the maintenance and use of the private
road. In addition, water connections are available in the street and the project incorporates a
private septic system to treat wastewater. The project has been reviewed by the County Fire
Department for fire access and requirements from the Fire Department have been
incorporated into the projects design. Therefore, the development has legal access to public
streets and public services to serve the development.
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4. The proposed development requires an exception which involves the least
modification of, or deviation from, the development regulations prescribed in this
chapter necessary to accomplish a reasonable use of the parcel;
As the parcel is steep, with an average slope of 45%, any development onsite that affects more
than 500 square feet of the slope (e.g. any home, structure or driveway construction in an
area over 500 s.f.) would require a Hillside Exception. The proposed residence is sited on the
flattest portion of the lot, adjacent to the existing private road. The siting and design of a
proposed house will follow the contours of the site to minimize grading, minimize the
removal of oak trees and reduce the visibility of retaining walls necessary on site to develop
the property in a manner consistent with the Residential Hillside ordinance.
Aside from the exception to allow more than 500 sf. of construction on slopes greater than
30%, the proposed development will comply with all other development regulations of the
RHS zoning district including, but not limited to, building height, setbacks, and floor area.
The development involves the least modification of the prescribed development regulations
necessary to accomplish a reasonable use of the parcel.
5. All alternative locations for development on the parcel have been considered and
have been found to create greater environmental impacts than the location of the
proposed development;
As the parcel is steep, with an average slope of 45%, any development onsite, whether that of
a home, garage, or even, a driveway, that is over 500 square feet would require a Hillside
Exception. The siting and design of a proposed house will follow the contours of the site to
minimize grading, minimize the removal of oak trees and reduce the visibility of all retaining
walls necessary to develop the property in a manner consistent with the purpose of the
Hillside Ordinance.
Other alternative locations for development on the parcel would result in greater grading on
the site, grading of steeper slopes, an increased removal of additional native trees than
currently proposed, and an increased number and height of retaining walls required to
accommodate the development. The proposed development has been located to minimize
environmental and grading impacts on the site.
6. The proposed development does not consist of structures on or near known
geological or environmental hazards which have been determined by expert
testimony to be unsafe or hazardous to structures or persons residing therein (See
General Plan Policy 2-49);
The geotechnical report and peer review do not indicate any conflicts with geological or
environmental hazards. Additionally, all recommendations of the geotechnical engineers have
been incorporated into the conditions of approval in order to ensure structural stability of the
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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proposed building. Therefore, the proposed development does not consist of structures that
have been determined by expert testimony to be unsafe or hazardous to structures or persons
residing therein.
7. The proposed development includes grading and drainage plans which will ensure
that erosion and scarring of the hillsides caused by necessary construction of roads,
housing sites, and improvements will be minimized (See General Plan Policies 2-53,
2-54 and 2-57);
The proposed development follows, as closely as possible, the primary natural contours of the
lot to minimize erosion and scarring of the hillsides caused by necessary construction of the
housing site and improvements. Drainage and grading plans have been reviewed, and will
continue to be reviewed, by the City Engineer and the City's consultant geotechnical
engineers to ensure the safety of the development and of those neighboring residences.
8. The proposed development does not consist of structures which would disrupt the
natural silhouette of ridgelines as viewed from established vantage points on the
valley floor unless either:
a. The location of a structure on a ridgeline is necessary to avoid greater negative
environmental impacts; or
b. The structure could not otherwise be physically located on the parcel and the
size of the structure is the minimum which is necessary to allow for a
reasonable use of the parcel (See General Plan Policies 2-46, 2-47 and 2-48);
The subject site is not located within an identified ridgeline and the highest point of the site is
located approximately 40 feet below the nearest ridgeline. Thus, the proposed project will not
consist of structures which would disrupt the natural silhouette of ridgelines as viewed from
established vantage points on the valley floor.
9. The proposed development consists of structures incorporating designs, colors,
materials, and outdoor lighting which blend with the natural hillside environment
and which are designed in such a manner as to reduce the effective visible mass,
including building height, as much as possible without creating other negative
environmental impacts (See General Plan Policies 2-46, 2-50, 2-51 and 2-52);
including
The applicant is required to use natural earth tone and/or vegetation colors, which blend with
the natural hillside environment (as a condition of approval) and has designed the project in
such a manner as to reduce the effective visible mass to surrounding neighbors as much as
possible. In addition, the applicant has proposed to plant additional trees within the area of
disturbance and retain many of the existing trees on in order to further reduce the effective
visible mass of the proposed home.
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10. The proposed development is located on the parcel as far as possible from public
open space preserves or parks (if visible there from), riparian corridors, and wildlife
habitats unless such location will create other, more negative environmental impacts
(See General Plan Policies 2-55, 5-14 and 5-28);
The project is within the vicinity of the Coyote Ridge Trail and may be visible from certain
vantage points along a nearby portion of the trail. However, the project has been proposed
along the furthest property line from the trail and the existing trees and vegetation are
expected to lessen the potential visual impacts from the residence. The parcel is not located
adjacent to a riparian corridor or wildlife habitat and is adjacent to other developed properties
with a similar zoning. Since wildlife (particularly deer) are expected to traverse the property,
the development has been required as a condition of approval (and mitigation measure) to
limit the fencing allowed on site in order to allow the migration of wildlife habitats.
11. The proposed development includes a landscape plan, which retains as many
specimen trees as possible, which utilizes drought -tolerant native plants and ground
covers consistent with nearby vegetation, and which minimizes lawn areas (See
General Plan Policies 2-54, 5-15 and 5-16);
A preliminary landscape plan has been provided and evaluated, and the project is conditioned
to provide a landscape plan to be reviewed and approved prior to Building Permit issuance.
The proposed project preserves the vast majority of the existing natural landscape on the site.
The project is required to comply with Chapter 14.15: Landscape Ordinance of the City of
Cupertino's Municipal Code (CMC) and additionally required to minimize turf areas on
hillsides, with turf being completely disallowed on slopes greater than 25%. Also, since the
site is located within in an area designated Wildland Urban Interface by CMC Chapter
16.74, fire -prone plant materials and highly flammable mulches are strongly discouraged.
Plants will be selected, arranged, and maintained to provide defensible space for wildfire
protection, in conformance with California Public Resources Code Section 4291. The
installation of invasive plant species and noxious weeds is prohibited.
Through the proposed site design and conditions of approval, which limit invasive species of
plants and turf areas, a balance between the residential development and preservation of the
natural hillside setting will be maintained.
12. The proposed development confines solid fencing to the areas near a structure
rather than around the entire site (See General Plan Policy 5-17); and
Since wildlife (particularly deer) are expected to traverse the property and to allow free
movement of animals, only 5,000 square feet (excluding the principal building) of net lot area
may be enclosed with solid fencing.
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13. The proposed development is otherwise consistent with the City's General Plan and
with the purposes of this chapter as described in Section 19.40.010.
The development meets all the development standards for RHS zoned properties and is
consistent with the City's General Plan and with the purposes of Chapter 19.40 as described
in Section 19.40.010. These have been described in detail in each of the findings above.
WHEREAS, the Planning Commission has independently reviewed and considered the
Project and the basis for the exemption prior to taking any approval actions on the
Project, and exercising its independent judgment, based upon the entire record before it,
has determined that the Project is exempt from CEQA pursuant to CEQA Guidelines
section 15303, which applies to new construction or conversion of single-family
residences and accessory structures; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the Project is exempt from
CEQA pursuant to CEQA Guidelines section 15303. The exemption in CEQA
Guidelines section 15303 applies to new construction or conversion of single-family
residences and accessory structures. The proposed project is a new single-family
residence.
2. Approves the application for a Hillside Exception, Application no. EXC-2023-001
subject to the conditions which are enumerated in this Resolution beginning on PAGE
6 thereof. The conclusions and sub -conclusions upon which the findings and
conditions specified in this resolution are based, including those contained in the
Public Hearing record concerning Application no. EXC-2023-001 as set forth in the
Minutes of Planning Commission Meeting of March 11, 2025, are hereby incorporated
by reference as though fully set forth herein.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the foregoing recitals are true
and correct and are included herein by reference as findings.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
General Conditions of Approval
1. APPROVED EXHIBITS
Approval is based on the plan set consisting of thirty-six (36) sheets, labeled Sheets
Al through A14, C1 through C6, L1 through L12, MB1, SP1, SP2, and T1, submitted
by the Applicants, which indicate the maximum extent of development on the site
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and includes a grading quantity except as may be amended by conditions in this
resolution.
2. 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.
3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
4. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible for verifying 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.
5. PREVIOUS CONDITIONS OF APPROVAL
All previous conditions of approval from TM-1977-10 shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval, including the
conditions contained herein in this resolution.
6. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on
exterior color, material, architectural treatments and/or embellishments) shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits. The exterior colors and materials shall be natural earth
tones and have low light reflectivity values of 60 or less. The final building exterior
plan shall closely resemble the details shown on the original approved plans. Any
exterior changes determined to be substantial by the Director of Community
Development shall require a minor modification approval with neighborhood input.
7. 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.
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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Conditions Prior to Building Permit Issuance
8. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a
pre -construction meeting with the pertinent departments (including, but not limited
to, Building, Planning, Public Works, Santa Clara County Fire Department), prior to
issuance of grading and/or building permits, to review an applicant -prepared
construction management plan including, but not limited to:
a. Plan for compliance with conditions of approval
b. Plan for public access during work in the public right-of-way, if applicable
c. Construction staging area
d. Construction schedule and hours
e. Construction phasing plan, if any
f. Contractor parking area
g. Tree preservation/protection plan
h. Site dust, noise and storm run-off management plan
i. Emergency/complaint and construction site manager contacts
9. BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved plans to comply with development
standards of Cupertino Municipal Code Section 19.102.030 Bird -Safe Development
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 necessary
documentation required to determine compliance with the Municipal Code.
10. DARK SKY 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 19.102.040 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.
11. TREE PROTECTION BOND
Prior to grading permit issuance, a tree protection bond is required for all trees
slated for preservation. The bond shall be for an amount equivalent to their
replacement.
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12. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape
project submittal per section 14.15.040 of the Landscaping Ordinance. The Water -
Efficient Design Checklist (Appendix A of Chapter 14.15), Landscape and Irrigation
Design Plans, and Water Budget Calculations shall be reviewed and approved to the
satisfaction of the Director of Community Development prior to issuance of building
permits.
13. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape
professional after the landscaping and irrigation system have been installed and
prior to final occupanc_. The findings of the assessment shall be consolidated into a
landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and
preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The
landscape and irrigation system have been installed as specified in the landscape
and irrigation design plan and complies with the criteria of the ordinance and the
permit."
14. GEOTECHNICAL PLAN REVIEW AND SUPPLEMENTAL GEOTECHNICAL
CONSIDERATIONS
The applicant's geotechnical consultant shall review and approve all geotechnical
aspects of the development plans (i.e., including site preparation and grading, site
drainage improvements and design parameters for building foundations and
retaining walls) to ensure that their recommendations have been properly
incorporated. The following should be specifically addressed:
■ The Project Geotechnical Consultant should review the Civil Plans, and in
particular the grading, drainage, landscape, and septic layout, and assure that
the proposed grading, and introduction of landscape water and septic effluent
will not alter the stability state of the hillside below acceptable levels. The
consultant shall specifically address this in their plan review letter.
■ Update/review the seismic design criteria data, to include the site as a Class C
site, and evaluate the anticipated PGA values, which appear low.
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The Geotechnical Plan Review shall be submitted to the City for review by City Staff
and City Geotechnical Consultant prior to issuance of building permits.
15. SEPTIC SYSTEM
Prior to building permit issuance, the applicant/property owner shall be required to
comply with the current requirements of the Santa Clara County Department of
Environmental Health for use of a septic system to serve the property.
16. TRASH PICKUP PLAN
Prior to building permit issuance, the applicant shall provide a trash pickup plan.
17. 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. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
18. HOUSING MITIGATION FEES
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying the housing mitigation fees as per the Housing Mitigation
Manual, prior to building permit issuance. The estimated mitigation fee for this
project is $140,755.32 based on the 2024-2025 fiscal year rate of $21.87 per square foot
of residential area.
19. COORDINATION OF OFF -SITE IMPROVEMENTS
The applicant shall communicate and coordinate all off -site road improvements and
utility extensions with affected adjacent property owners. The applicant shall also
submit to the City written confirmation from the owner/trustee of the property to
the west that he/she has reviewed the development plans and is agreeable to the
improvements in the easement area.
20. SCREENING OF RETAINING WALLS
As part of the building permit submittal the applicant shall prepare a landscape plan
that screens visible retaining walls and grading scars from public street views. The
screening shall be accomplished through a combination of trees, shrubs and vines
and pigmented concrete matched to the surrounding soils for the review and
approval of the Director of Community Development.
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21. EXTERIOR COLORS/TREATMENTS
Prior to issuance of the building permit, final colors and materials shall be
assembled and included with the construction plans.
22. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District's
Basic Control Measures from the latest version of BAAQMD's CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
23. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
24. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant to
Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The
details of the Construction Noise Control Plan shall be included in the
applicable construction documents and implemented by the on -site
Construction Manager. Noise reduction measures selected and implemented
shall be based on the type of construction equipment used on the site, distance
of construction activities from sensitive receptor(s), site terrain, and other
features on and surrounding the site (e.g., trees, built environment) and may
include, but not be limited to, temporary construction noise attenuation walls,
high quality mufflers. During the entire active construction period, the
Construction Noise Control Plan shall demonstrate that compliance with the
specified noise control requirements for construction equipment and tools will
reduce construction noise in compliance with the City's daytime and nighttime
decibel limits.
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b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
c.Signs will be posted at the job site entrance(s), within the on -site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals, including horns, whistles, alarms, and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
25. PALEONTOLOGICAL RESOURCES
Prior to issuance of the any demolition, grading or building permit, include on
plans a note that, during project construction, the project applicant shall implement
the following measures:
a. If paleontological resources are encountered during ground disturbing and/or
other construction activities, all construction shall be temporarily halted or
redirected to allow a qualified paleontologist, which shall be retained by the
project applicant, to assess the find for significance and the Applicant shall
notify the City.
b. If paleontological resources are found to be significant, the paleontological
monitor shall determine appropriate actions, in coordination with a qualified
paleontologist, City staff, and property owner. Appropriate actions may
include, but are not limited to, a mitigation plan formulated pursuant to
guidelines developed by the Society of Vertebrate Paleontology and
implemented to appropriately protect the significance of the resource by
preservation, documentation, and/or removal, prior to recommencing
activities. Measures may include, but are not limited to, salvage of unearthed
fossil remains and/or traces (e.g., tracks, trails, burrows); screen washing to
recover small specimens; preparation of salvaged fossils to a point of being
ready for curation (e.g., removal of enclosing matrix, stabilization and repair of
specimens, and construction of reinforced support cradles); and identification,
cataloging, curation, and provision for repository storage of prepared fossil
specimens.
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26. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground -disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground -disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground -
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground -disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb
the nests as follows:
1) For projects that require the demolition or construction one single-family
residence, ground disturbing activities affecting areas of up to 500
square feet, or the removal of up to three trees, the property owner or a
tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
2) For any other demolition, construction and ground disturbing activity or
the removal of four or more trees, a qualified ornithologist or biologist
shall be retained by the project applicant to conduct the preconstruction
surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground -
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found
sufficiently close to work areas to be disturbed by these activities, their
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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locations shall be documented, and the qualified ornithologist or biologist
shall identify protective measures to be implemented under their direction
until the nests no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development. In general, exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting
status. The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
V. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his
or her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground -disturbing, or tree removal/pruning
activities.
27. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming
that contractors and construction crews have been notified of basic archaeological
site indicators, the potential for discovery of archaeological resources, laws
pertaining to these resources, and procedures for protecting these resources as
follows:
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
Page 15 of 29
a. Basic archaeological site indicators that may include, but are not limited to,
darker than surrounding soils of a friable nature; evidence of fires (ash, charcoal,
fire affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials,
either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural
resources during project -related earthwork, include the following:
1. All soil disturbing work within 25 feet of the find shall cease.
2. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit, and assessment of the remainder of the site within the project
area to determine whether the resource is significant and would be affected
by the project.
3. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If the
resource is a tribal cultural resource, the consulting archaeologist shall
consult with the appropriate tribe, as determined by the Native American
Heritage Commission, to evaluate the significance of the resource and to
recommend appropriate and feasible avoidance, testing, preservation or
mitigation measures, in light of factors such as the significance of the find,
proposed project design, costs, and other considerations. The archeologist
shall perform this evaluation in consultation with the tribe.
28. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition, grading and building permits that involve
soil disturbance, include on plans a note that, during project construction, the project
applicant shall comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100-foot radius
of the remains, or any nearby area reasonably suspected to overlie adjacent
remains.
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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b. The Santa Clara County Coroner shall be notified immediately and shall make a
determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to
his authority, he shall notify the Native American Heritage Commission (NAHC)
within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of
the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to
make recommendations or preferences regarding the disposition of the remains.
If the Most Likely Descendant does not make recommendations within 48 hours
after being allowed access to the project site, the owner shall, with appropriate
dignity, reinter the remains in an area of the property secure from further
disturbance and provide documentation about this determination and the
location of the remains to the NAHC and the City of Cupertino. Alternatively, if
the owner does not accept the Most Likely Descendant's recommendations, the
owner or the descendent may request mediation by the NAHC. Construction
shall halt until the mediation has concluded.
29. 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. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to
issuance of building permits.
30. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened 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.
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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31. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for protected trees as applicable. In addition, the
following measures shall be added to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the dripline of
the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a
four -inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits.
Conditions During Construction
32. FIELD MOCK-UP OF EXTERIOR COLORS/TREATMENTS
After the framing inspection and prior to installation, the exterior colors and
materials shall be mocked -up in the field for the review and approval of the Director
of Community Development.
33. CONSTRUCTION HOURS
The applicant shall comply with any applicable standards in Chapter 10.48,
Community Noise Control, of the Cupertino Municipal Code. The developer shall
be responsible for educating all contractors and subcontractors of said construction
restrictions. Rules and regulation pertaining to all construction activities and
limitations identified in this permit, along with the name and telephone number of a
developer appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site and along Regnart Road, prior to
commencement of demolition and/or grading activities.
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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34. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible to the satisfaction of the Building Official. The applicant shall provide
evidence that materials were recycled prior to final sign off of demolition/grading
permits.
35. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code. Night
time construction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall annotate all permit plans with the above requirements and shall
comply with the above grading and construction hours and noise limit requirements
unless otherwise indicated.
36. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a. Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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adjacent to windy periods; active areas adjacent to existing land uses shall be
kept damp at all times, or shall be treated with non -toxic stabilizers or dust
palliatives.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
The applicant shall incorporate the City's construction best management practices
into the building permit plan set prior to any grading, excavation, foundation or
building permit issuance.
37. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required by
the federal Migratory Bird Treaty Act and the California Department of Fish and
Game Code.
a. Construction and tree removal/pruning activities shall be scheduled to avoid the
nesting season to the extent feasible. If feasible, tree removal and/or pruning
shall be completed before the start of the nesting season to help preclude nesting.
The nesting season for most birds and raptors in the San Francisco Bay area
extends from February 1 through August 31. Preconstruction surveys (described
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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below) are not required for tree removal or construction activities outside the
nesting period.
b. If construction activities and any required tree removal occur during the nesting
season (February 1 and August 31), a qualified ornithologist shall be required to
conduct surveys prior to tree removal or construction activities. Preconstruction
surveys shall be conducted no more than 14 days prior to the start of tree
removal, pruning or construction. Preconstruction surveys shall be repeated at
14-day intervals until construction has been initiated in the area after which
surveys can be stopped. During this survey, the ornithologist shall inspect all
trees and other possible nesting habitats in and immediately adjacent to the
construction areas for nests.
c. If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work areas to
be disturbed by these activities, their locations shall be documented and
protective measures implemented under the direction of the qualified
ornithologist until the nests no longer contain eggs or young birds.
d. Protective measures shall include establishment of clearly delineated exclusion
zones (i.e. demarcated by identifiable fencing, such as orange construction
fencing or equivalent) around each nest location as determined by the qualified
ornithologist, taking into account the species of birds nesting, their tolerance for
disturbance and proximity to existing development. In general, exclusion zones
shall be a minimum of 300 feet for raptors and 75 feet for passerines and other
birds. The active nest within an exclusion zone shall be monitored on a weekly
basis throughout the nesting season to identify signs of disturbance and confirm
nesting status. The radius of an exclusion zone may be increased by the qualified
biologist, if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified biologist only in
consultation with California Department of Fish and Wildlife. The protection
measures and buffers shall remain in effect until the young have left the nest and
are foraging independently or the nest is no longer active.
A final report on nesting birds and raptors, including survey methodology, survey
date(s), map of identified active nests (if any), and protection measures (if required),
shall be submitted to the Planning Manager, through the building permit review
process, and be completed to the satisfaction of the Community Development
Director prior to the start of grading.
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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38. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units
the notices shall be sent to off -site businesses and residents within 500 feet of the
project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units
(not including Accessory Dwelling Units) notices shall be sent to off -site
businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off -site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period's
overall duration. The notification should include the telephone numbers of the
contractor's authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant's use. The project applicant shall provide the City with evidence of
mailing of the notice, upon request. If pile driving, see additional noticing
requirements below.
39. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at
the entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City's and contractor's authorized representatives that
are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City's and contractor's authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAOMD's CEQA Air
Quality Guidelines.
If the authorized contractor's representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
Page 22 of 29
40. GEOTECHNICAL CONSTRUCTION INSPECTIONS
Prior to final inspections, the City Geotechnical Consultant shall inspect, test (as
needed), and approve all geotechnical aspects of the project construction. The
inspections shall include, but not necessarily be limited to: site preparation and
grading, site surface and subsurface drainage improvements, and excavations for
foundations prior to placement of steel and concrete. The results of these inspections
and the as -built conditions of the project shall be described by the City Geotechnical
Consultant in a letter and submitted to the City Engineer for review and approval
prior to final inspections.
41. TREE PROTECTION
The existing trees to remain shall be protected during construction per the City's
Protected Tree Ordinance (Chapter 14.18 of the municipal code). A report
ascertaining the good health of these trees shall be provided prior to issuance of final
occupancy.
42. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of
Community Development or his/her designee, either with the landscape application
package, with the landscape installation report prior to issuance of final occupancy,
or any time before the landscape installation report is submitted prior to issuance of
building permits.
a. Schedules should take into account water requirements for the plant
establishment period and water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine
inspection; pressure testing, adjustment and repair of the irrigation system;
aerating and de -thatching turf areas; replenishing mulch; fertilizing; pruning;
replanting of failed plants; weeding; pest control; and removing obstructions to
emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants
that may be size -adjusted as appropriate for the stage of growth of the overall
installation. Failing plants shall either be replaced or be revived through
appropriate adjustments in water, nutrients, pest control or other factors as
recommended by a landscaping professional.
43. INDEMNIFICATION AND LIMITATION OF LIABILITY
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,
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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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.
44. 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
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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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
45. PRIVATE ROAD EASEMENTS
The Project is proposing to widen segments of the private roadway to 20 feet. The
developer shall work with the Santa Clara County Fire Department to reserve any
required emergency access easements over the newly widened roadway.
Additionally, the Developer shall consult with a title company to record any
necessary additional private access easements with the County Recorder. This will
require a licensed Surveyor to prepare plats and legal descriptions. The newly
recorded easement documents shall be provided to the City prior to issuance of
Building Permits.
46. STREET & INFRASTRUCTURE IMPROVEMENTS
Private street related infrastructure improvements along the project frontage, and
potential along adjacent properties, are required. Street improvements, grading and
drainage plans prepared by a registered civil engineer must be completed and
approved prior to issuance of Building Permit.
Evaluate & confirm existing condition of any storm inlet and pipe along the private
road to ensure they are not impacted by the proposed roadway widening.
Additional comments will be provided at building permit review stage and shall be
incorporated prior to Building Permit approval.
47. 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.
48. 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.
49. 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
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to indicate whether additional storm water control measures are to be constructed.
The storm drain system shall be designed to detain water on -site (e.g., via buried
pipes, retention systems or other approved systems and improvements) as necessary
to avoid an increase of the ten percent flood water surface elevation to the
satisfaction of the Director of Public Works. Any storm water overflows or surface
sheeting should be directed away from neighboring private properties and to the
public right of way as much as reasonably possible.
All storm drain inlets shall be clearly marked with the words "No Dumping — Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved
by the Environmental Programs Division.
Inspect and verify the conditions of all existing inlets and pipes. Evaluate if the
drainage system needs to be cleaned, fixed, or upsized. Evaluate if retaining walls
need to be removed and/or repaired. Provide a geotechnical report that has
recommendations for grading, drainage, storm water treatment (include
recommendations or exclusion regarding infiltration of storm water into sloped
areas), and retaining wall structural improvements.
Additional comments will be provided and shall be incorporated prior to Building
Permit.
50. C.3 REQUIREMENTS
C.3 regulated improvements are required for new single family projects creating
and/or replacing 10,000 S.F. or more of impervious surface, collectively over the
entire project site. If the proposed improvements trigger C.3 requirements, the
developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is
approved by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan
and a Storm Water Facilities Operation, Maintenance and Easement Agreement, and
certification of ongoing operation and maintenance of treatment BMPs are each
required.
51. INSTALLATION AGREEMENT
The project developer shall enter into an installation agreement (if required) with the
City of Cupertino providing for payment of fees, including but not limited to
checking and inspection fees, storm drain fees, transportation impact fees, park
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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dedication fees and fees for under grounding of utilities. Said agreement and fees
shall be executed and paid prior to issuance of Building permit.
Fees:
Checking & Inspection Fees: Per current fee schedule: $1,302
Grading Permit: Per current fee schedule: $4,891 or 6% of improvement costs
Storm Drainage Fee: Per current fee schedule: $4,797 per unit
Transportation Impact Fee: Per current fee schedule: $6,797
Encroachment Permit Fee: Per current fee schedule: TBD
Park Fees: Per current fee schedule: $105,000 per unit
Storm Management Plan Fee Per current fee schedule: $2,217
3rd Party Geotechnical Review:$5,750 (initial deposit. Total based on actual cost)
• .-0
- Faithful Performance Bond: 100% of Off -site and On -site Improvements
- Labor & Material Bond: 100% of Off -site and On -site Improvement
- On -site Grading Bond: 100% of site improvements.
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 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.
52. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City's
Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal
Code).
53. PARKS
The residential unit is subject to the payment of parkland fees in -lieu of parkland
dedication per Chapter 13.08 of the Cupertino Municipal Code.
54. SURVEYS
A Boundary & Topographic 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. The survey shall also include the
properties along the private road to ensure the proposed roadway widening is
properly designed.
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Page 27 of 29
55. 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.
56. 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.
57. 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.
58. 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.
59. 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.
60. 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.
61. 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
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
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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.
62. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
63. 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 widened private roadway, 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).
64. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
65. SAN LOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit.
66. 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.
67. DEPARTMENT OF HEALTH
Approval from Department of Health required for proposed septic tank prior to
issuance of building permit.
PASSED AND ADOPTED this 111h day of March, 2025, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Rao, Kosolcharoen, Fung
NOES: COMMISSIONERS: Scharf
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Lindskog
Resolution No. 2025-01 EXC-2023-001 March 11, 2025
Page 29 of 29
ATTEST: �--�
Piu Ghosh
Planning Manager
APPRO ED
Santosh Rao
Chair, Planning Commission