PC RESOLUTION NO. 2025-09 (DP-2024-002)CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2025-09
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A DEVELOPMENT PERMIT FOR A
PROPOSED RESIDENTIAL DEVELOPMENT WITH 59 TOWNHOME STYLE
CONDOMINIUM UNITS AND THE REMOVAL AND REPLACEMENT OF 45
DEVELOPMENT TREES LOCATED AT 20770, 20830, AND 20840 STEVENS CREEK
BLVD (APNS: 359-08-025, -026, -027, AND-028 (PARTIAL))
The Planning Commission recommends that the City Council approve the Development
Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit
DP:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 101" day of June 2025, by the following roll call vote:
AYES: COMMISSIONERS: Rao, Kosolcharoen, Scharf, Fung, Lindskog
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST:
Piu Ghosh
Planning Manager
Chair, Planning Commission
EXHIBIT DP
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A DEVELOPMENT PERMIT FOR A PROPOSED RESIDENTIAL
DEVELOPMENT WITH 59 TOWNHOME STYLE CONDOMINIUM UNITS AND
THE REMOVAL AND REPLACEMENT OF 45 DEVELOPMENT TREES LOCATED
AT 20770, 20830, AND 20840 STEVENS CREEK BLVD (APNS: 359-08-025, -026, -027,
AND-028 (PARTIAL))
SECTION I: PROTECT DESCRIPTION
Application No.: DP-2024-002
Applicant: SummerHill Homes, LLC
Property Owner: Byer Properties, LP
Location: 20770, 20830, and 20840 Stevens Creek Blvd
(APNs: 359-08-025, -026, -027, and-028 (partial))
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit as
described in Section I of this resolution; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines;
and
WHEREAS, on June 10, 2025, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the Infill Exemption Memorandum along with all staff reports,
other pertinent documents, and all written and oral statements received prior to and at
the public hearing; and
WHEREAS, on June 10, 2025 the Planning Commission recommended on a X-X vote that
the City Council approve the Development Permit (DP-2024-002) in substantially similar
form to the Resolution presented (Resolution No. XXXX), approve the Architectural and
Use Permit (U-2024-007) in substantially similar form to the Resolution presented
(Resolution No. XXXX), approve the Architectural and Site Approval Permit (ASA-2024-
005) in substantially similar form to the Resolution presented (Resolution No. XXXX),
approve the Vesting Tentative Map (TM-2024-001), in substantially similar form to the
Resolution presented (Resolution No. XXXX), and approve the Tree Removal Permit (TR-
2024-024) in substantially similar form to the Resolution presented (Resolution No.
XXXX); and
WHEREAS, all necessary public notices having been given as required by the City of
Cupertino Municipal Code and the Government Code, and the Planning Commission
held at least one public hearing in regard to this application, and
WHEREAS, the City Council of the City of Cupertino is the decision -making body for
this Resolution; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Development Permit.; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience.
The project is consistent with the land use designations in the General Plan, Zoning
Ordinance, and the Heart of the City Specific Plan. It has been designed to be compatible with
adjoining land uses, including but not limited to wider setbacks from the single-family
residences on the southern property line, as well as providing landscaping along the building
frontages to help mitigate potential massing impacts and compatible with the existing
streetscape. The project is conditioned to comply with the Environmental Protection Standards
of Cupertino Municipal Code Chapter 17.04. In addition, under the CEQA Guidelines section
15332 (Infill Development Projects), the project has been found to be Categorically Exempt
from CEQA as further documented in the memorandum prepared by the City's environmental
consultant, PlaceWorks. The project must meet all Fire and Building Code requirements,
which will be further reviewed prior to issuance of building permits. Therefore, the project will
not be detrimental or injurious to properties or improvements in the vicinity, and will not be
detrimental to the public health, safety, general welfare, or convenience.
2. The proposed development and/or use will be located and conducted in a manner in
accord with the Cupertino Comprehensive General Plan, underlying zoning
regulations, and the purpose of this title and complies with the California
Environmental Quality Act (CEQA).
The General Plan land use designation for the property is Commercial/Office/Residential with
a maximum residential density of 25 dwelling units per acre at the time of submittal of an
SB330 Preliminary Application for the project in January 2024. The residential use at the
proposed 20.34 dwelling units per acre is consistent with the General Plan in terms of density
pursuant to state law, even though a portion of the property has a higher density at the date of
approval of this project. The applicant is requesting concessions for the development of this site
with exclusively residential uses and is requesting waivers for height, setback, lot coverage,
and parking design, as required by the Heart of the City Specific Plan's and the City's
Municipal Code standards. The proposed development has met all other applicable
development standards of the Heart of the City Specific Plan. The project is further conditioned
to comply with the Environmental Protection Standards of Cupertino Municipal Code
Chapter 17.04. In addition, under the CEQA Guidelines section 15332 (Infill Development
Projects), the project has been found to be Categorically Exempt from CEQA as further
documented in the memorandum prepared by the City's environmental consultant,
PlaceWorks. Therefore, the proposed development will be located and conducted in accordance
with the General Plan and underlying zoning regulations and complies with the California
Environmental Quality Act (CEQA).
3. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code
Section 19.56.070, before approving an application that includes a request for density
bonus, incentive, parking reduction and/or waiver, the decision -making body shall
make the following findings, as applicable:
a. A finding that the residential project is eligible for the density bonus and any
incentives, parking reductions or waivers requested.
The project includes 12 Below Market Rate (BMR) units or 20.3% of the total number of
units proposed. Six of the twelve BMR units will be affordable to median -income
households (100-120% of Area Median Income) and the other six will be affordable to
moderate -income households (80-100% of Area Median Income) in compliance with the
City's BMR Program. As a density bonus project with at least 20% of units reserved for
sale to moderate -income households as defined by state law (80-120% of Area Median
Income), the applicant may request up to two concessions and an unlimited number of
waivers.
b. A finding that any requested incentive will result in identifiable, financially
sufficient, and actual cost based on the financial analysis and documentation
provided.
This finding is superseded by the requirements of State Density Bonus Law, Government
Code Section 65915 which restricts a city's ability to deny certain requests for concessions
to the findings outlined in section 4 below. The project applicant has indicated that the
application of requirements to provide commercial uses on the site would result in a
significant financial burden and may impact the number of units provided.
c. If the density bonus is based all or in part on donation of land, a finding that all
requirements included Section 19.56.030C have been met.
No density bonus is proposed, therefore, the finding is not applicable.
d. If the density bonus is based all or in part on the inclusion of a childcare facility, a
finding that all requirements included in Section 19.56.030 (D) have been met.
No density bonus is proposed, therefore, the finding is not applicable.
e. If the density bonus or incentive is based on a condominium conversion, a finding
that all the requirements included in Section 19.56.030 (E) have been met.
No density bonus is proposed; therefore, the finding is not applicable.
f. If the incentive includes mixed -use development, a finding that all requirements
including in Section 19.56.40 (B) (2) have been met.
The project is not a mixed -use development, therefore, the finding is not applicable.
g. If a waiver is requested, a finding that the development standards for which the
waivers are requested would have the effect of physically precluding the
construction of the housing development with the density bonus and incentives
or concessions permitted.
The development standards height, setbacks, lot coverage, parking design, and park land
dedication requirements would physically preclude the development as proposed. These
development standard limitations could affect the project by the loss of units or unit sizes,
which may include those designated as affordable.
h. If a reduction in off-street parking standards for an eligible housing development
is requested.
No reduction in off-street parking requirements is being requested; therefore, the finding
is not applicable.
4. Since the applicable findings required above can be made, the decision -making body
may deny an application for a waiver only if one of the following written findings as
applicable to each type of application, supported by substantial evidence:
a. That the incentive or concession, or waiver would have an adverse impact on real
property listed in the California Register of Historic Resources; or
No property on the site, or near it, is listed in the California Register of Historic Resources.
b. That the incentive or concession, or waiver would have a specific, adverse impact
upon public health or safety or the physical environment, and there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact without
rendering the residential project unaffordable to low- and moderate -income
households. For the purpose of this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on objective,
identified, written public health or safety standards, policies, or conditions as they
existed on the date that the application for the residential project was deemed
complete; or
Both the Fire and Building departments have preliminary reviewed the plans and not found
conditions proposed which would create a "specific, adverse impact." In addition, the
project is conditioned to ensure compliance with both Fire and Building Code, prior to
issuance of building permits. The project is also conditioned to comply with the
Environmental Protection Standards of Cupertino Municipal Code Chapter 17.04.
Further, under the CEQA Guidelines section 15332 (Infill Development Projects), the
project has been found to be Categorically Exempt from CEQA as further documented in
the memorandum prepared by the City's environmental consultant, PlaceWorks.
Therefore, the proposed development, incorporating the proposed concessions and waivers,
is not expected to have a specific, adverse impact upon public health or safety or the physical
environment.
c. That the incentive or concession, or waiver is contrary to state or federal law.
The requested concessions and waivers are not contrary to state or federal law.
5. The remaining sites identified in the Housing Element are adequate to meet the
requirements of Government Code Section 65583.2 and to accommodate the City's
share of the regional housing need. (Findings required by Government Code Section
65863(b)(2).)
The remaining sites in the housing element inventory are adequate to meet the requirements
of Government Code Section 65583.2 and to accommodate the City's share of the regional
lower -income and moderate -income housing need. The proposed project reduces the density of
the site below what was projected in the City's 6th Cycle housing element. Nonetheless the
Priority Housing sites in the inventory are adequate to accommodate the City's share of the
regional lower income housing need, in that a surplus of 98 lower -income and 80 moderate -
income units remain following adjustments to projections made to reflect the proposed project.
6. When a project complies with objective standards, the HAA allows a city to
disapprove the project or to impose a condition that the project be developed at a
lower density only if the city finds both of the following, supported by a
preponderance of the evidence in the record:
a. The project would have a specific, adverse impact upon the public health or safety
unless the project is disapproved or approved upon the condition that the project
be developed at a lower density; and
b. No feasible method to satisfactorily mitigate or avoid the adverse impact exists.
The project, as proposed, meets all applicable objective zoning, General Plan, and
subdivision standards. Based on the record, including the findings in the Categorical
Exemption memorandum, staff does not believe the above findings can be made with respect
to the proposed project.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution
beginning on PAGE 5 thereof, and those contained in all other Resolutions approved for
this Project, the City Council hereby approves the application for a Development Permit,
Application No. DP-2024-002; 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-2024-002 as set forth in the Minutes of the City Council Meeting of July XX, 2025
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 entitled "20840 Stevens Creek Boulevard" dated
March 25, 2025 consisting of 124 sheets labeled as, A00- A24, C1.0 - C7.0, 1-1.1 -
L10.1, INT1-INT4, PrSL1, PrSL2, PS-1, and TM-1, drawn by SDG Architects Inc.,
R3 Studios, Giacalone Design Services, Inc., Associated Lighting Representatives,
Inc., and Carlson, Barbee & Gibson, Inc., except as may be amended by conditions
in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-2024-007, TM-2024-001, ASA-
2024-005, and TR-2024-024 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
about the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. DEVELOPMENT APPROVAL
The project is granted approval to construct:
a. 59 townhomes, subject to affordability requirements of Condition #8, with
a maximum floor area as identified on approved plans;
b. 129 parking spaces;
c. 59 private bicycle spaces;
d. 6 shared bicycle racks;
e. Landscaping in designated locations with the use of native and drought
tolerant plants;
f. Vegetated stormwater treatment facilities with the use of native plants;
g. 11,573 square feet of private open space across all units;
h. 13,977 square feet of common open space;
i. Screened mechanical equipment; and
j. Two existing 10-foot walls and two new fences.
7. AFFORDABLE UNITS
The project shall include 6 units affordable to median -income households and 6
units affordable to moderate -income households as determined by the City's BMR
Mitigation Manual.
8. DENSITY BONUS WAIVERS AND CONCESSIONS
As allowed through the state's Density Bonus law, the project is granted two
concessions and waivers as follows:
a. Concessions to address General Plan for mixed -use development on the
property and Heart of the City requirements for substantial retail
development on the property;
b. Waiver to increase the maximum height of buildings;
c. Waivers for reduced front, rear, and side setbacks;
d. Waiver for requirement for Service Access from Rear Parking Areas;
e. Waiver to reduce private outdoor space dimensions;
f. Waiver of the requirement for terracing of southern buildings;
g. Waiver to increase the maximum lot coverage;
h. Waiver for reduced parking space dimensions; and
i. Waiver to reduce the size of a required parking planter strip.
9. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project
in accordance with the approved plans and with the City's Parking Regulations
under Chapter 19.124 of the Cupertino Municipal Code.
10. BMR UNIT DESIGN REQUIREMENTS
Prior to building permit issuance, the Applicant shall detail how the following
requirements are met:
a. The BMR units shall be comparable to market -rate units in terms of unit
type, number of bedrooms per unit, quality of exterior appearance and
overall quality of construction.
b. The BMR unit size should generally be representative of the unit sizes within
the market -rate portion of the residential project.
c. Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
11. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an
affordable housing agreement shall be recorded against the property. The
affordable housing agreement shall include, but not be limited to the following, in
compliance with the BMR Housing Mitigation Manual:
a. Total number of BMR units, type, location (site map), square footage,
number of bedrooms, and construction scheduling of market -rate and BMR
units;
b. Provisions to ensure concurrent construction and completion of BMR units
and market -rate units;
c. Affordability levels for each BMR unit;
d. Prices for BMR units as provided for in the BMR mitigation manual;
e. Provisions for income certification and screening of potential occupants of
BMR units;
f. Restriction control mechanisms;
g. Financing of ongoing administrative and monitoring costs;
h. Other reasonably required provisions to implement the Affordable
Housing Plan.
12. BMR UNIT TERMS OF AFFORDABILITY
Prior to occupancy, the proposed project shall record covenants that require the
units to be sold at prices that are affordable to moderate and median levels for a
period not less than 99 years from the date of first occupancy of the unit.
13. 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 City for an in -lieu payment alternative as indicated in
Chapter 19.148 of the Cupertino Municipal Code, subject to review of the Fine Arts
Commission and the City Council. The in lieu payment shall be 1.25% of the
construction valuation.
14. PUBLIC ART MAINTENANCE REQUIREMENT
In accordance with the requirements of Municipal Code Chapter 19.128, the
property owner shall maintain approved public artwork in good condition
continuously after its installation, as determined appropriate by the City.
Maintenance shall include all related landscaping, lighting, and upkeep, including
the identification plaque. Artwork required or approved cannot be removed,
except for required maintenance or repair, unless approved by the City; at which
time the City may require replacement or relocation of the artwork. In the event
that the artwork is relocated in the public right-of-way, a maintenance agreement
with the City shall be required.
15. PHASE II ESA REVISION
Prior to issuance of Building Permits, the provided "Additional Phase II" report
shall be revised to:
■ Discuss potential causes for the difference in chlordane concentrations in
samples collected from 2.5 to 3.0 feet bgs in borings RB-01 and RB-01A, and
this difference in chlordane concentrations shall be accounted for in the Soil
Management Plan ("SMP") that is proposed to be prepared for the project; and
■ Describe solubility testing requirements and hazardous waste thresholds for
chlordane and other OCPs; and
■ Indicate that arsenic concentrations detected at the site exceed the residential
and construction worker ESLs, however the detected arsenic concentrations
are below the naturally occurring background level.
■ Include a description of the activities and results of the additional step -out
sampling.
The revised Additional Phase II report shall be submitted to the City for peer
review and approval prior to an SMP being submitted to the City. Peer review
shall be completed by the City's third -party consultant and costs associated with
peer review shall be paid by the applicant.
16. SOIL MANAGEMENT PLAN
Remediation of chlordane impacted soil at the Site shall be performed in
accordance with an SMP prepared and certified by a qualified Environmental
Professional which shall be submitted to the City for peer review and approval
prior to the start of soil remediation activities. Peer review shall be completed by
the City's third -party consultant and costs associated with peer review shall be
paid by the applicant.
The SMP shall include the following:
■ A description of the precise extent of proposed contaminated soil removal,
proposed remediation goals, construction worker training requirements, and
detailed procedures for soil handling, soil characterization for off -Site
disposal or on -Site re -use, confirmation sampling and analysis, and
importing of clean fill material.
■ Measures to prevent potential exposure of the surrounding public to
contaminants that could be released in fugitive dust (e.g., dust control
procedures, air monitoring protocols, and air monitoring action levels)
during the removal of contaminated soil and other construction activities, in
addition to preventing potential exposure of future Site occupants to
contaminated soil.
■ Notification procedures and response actions that would be taken if
previously unidentified soil contamination or underground features of
environmental concern (e.g., sumps, underground storage tanks) are
identified during project construction activities.
■ A requirement that all remedial excavation and contaminated soil handling
and disposal activities be monitored full-time by a qualified Environmental
Professional, and that all confirmation and waste characterization soil
sampling and air monitoring activities be performed by a qualified
Environmental Professional.
If any of the following conditions occur during the excavation of contaminated
soil, excavation activities shall cease immediately, the remedial excavation area
and any soil stockpiles shall be securely covered with plastic sheeting, the
applicant shall provide the City with all sampling and monitoring
documentation/results for review, and the City shall evaluate whether the
applicant shall be required to revise the SMP and/or engage with a regulatory
agency to provide oversight prior to performing further remediation activities at
the Site:
■ If any unexpected conditions are encountered or soil contaminant
concentrations are identified that are not addressed by the protocols and
worker training requirements outlined in the SMP;
■ If the area of remedial excavation would need to extend beyond 2,000 square
feet or the volume of remedial excavation would need to extend beyond 200
cubic yards in order to remove soil with concentrations of chlordane
exceeding Residential ESLs based on confirmation sampling analytical
results;
■ If air monitoring results identify the exceedance of air monitoring action
levels or complaints are received from the surrounding public regarding dust
generated by remediation activities;
■ If concentrations of chlordane exceeding Residential ESLs are detected in any
confirmation samples after three rounds of excavation and confirmation
sampling; or,
■ If waste characterization sampling or confirmation sampling results identify
soil that would be classified as hazardous waste.
The excavation and off -Site disposal of contaminated soil, implementation of the
protocols required by the SMP, and confirmation sampling results shall be
documented in a Completion Report prepared and certified by a qualified
Environmental Professional which shall be submitted to the City for peer review
and approval prior to the City issuing any permits that would allow other ground
disturbing activity (beyond soil remediation) at the Site. Peer review shall be
completed by the City's third -party consultant and costs associated with peer
review shall be paid by the applicant. If a regulatory agency provides oversight of
further remediation activities at the Site, the Completion Report shall be submitted
to the regulatory oversight agency for review and approval, and the applicant
shall provide the City with written evidence that the regulatory oversight agency
has issued a no further action determination for the Site prior to the City issuing
any permits that would allow other ground disturbing activity (beyond soil
remediation) at the Site.
17. 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.
18. 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.
19. 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.
20. 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.
21. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of 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
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.
22. 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:
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:
i. All soil disturbing work within 25 feet of the find shall cease.
ii. 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.
iii. 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.
23. 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.
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.
24. 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.
25. 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.
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.
26. EXCESSIVE NOISE AND VIBRATIONS
Per General Plan Policy HS-8.3, construction contractors shall use the best
available technology to minimize excessive noise and vibration from construction
equipment such as pile drivers, jack hammers, and vibratory rollers during
construction.
27. 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. Appropriate construction staging area
b. Hours of construction
c. Compliance with the City noise ordinance
d. Best management practices
e. Staging of construction equipment shall not occur within 50 feet of any
residential property.
f. Any other measures as determined to be appropriate by the Director of
Community Development
28. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during nighttime period as defined in Section 10.48.053(b) of the
Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
29. 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 greater than nine multi -family residences are proposed.
Third party LEED certification or alternative reference standard is required per the
ordinance criteria.
30. 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.
31. PROPERTY OWNERS' ASSOCIATION
A Property Owner's Association shall be formed to maintain the common areas of
the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be
reviewed and approved by the City Attorney and the Director of Community
Development prior to recordation. The following terms shall be incorporated into
the Association's Conditions, Covenants and Restrictions:
• The members/board shall meet at a minimum of once/year
• The Association dues shall cover:
o Maintenance of common area on the property in compliance with the
approved project conditions of approval, including hardscaping,
parking, landscaping and accessory facilities and amenities, such as
trash bins/areas, common amenity areas, tree grates, outside trash bins,
fences, etc,
o Building and site repair on a regular schedule, or as otherwise
necessary, and building renovation and replacement as necessary to
ensure that the property is maintained.
o Permits, including tree removal permits, required for maintenance and
repair of facilities in the common areas
• Any changes to the exterior of the development must be reviewed by the
Property Owner's Association and changes must be considered in the context
of the development as a whole, and not on a unit -by -unit basis.
• CC&R's shall ensure that private open space is kept tidy and free of clutter
and visual blight.
• Any changes to the CC&R's must be reviewed and approved by the City
• Disbanding of the Association shall require an amendment to this permit to
be reviewed and approved by the original approval authority.
32. 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.
33. 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.
34. 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.
35. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified that
the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),
has begun. If you fail to file a protest within this 90-day period complying with
all of the requirements of Section 66020, you will be legally barred from later
challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
36. PROPOSED EASEMENT QUITCLAIMS
Developer shall obtain approval from each respective utility company for the
proposed quitclaim of existing easements. The easement(s) may be vacated with
the final map or quitclaimed by a separate instrument. If quitclaimed by a separate
instrument, the quitclaim shall be approved and recorded by the utility company
prior to Final Map recordation or to the satisfaction of the Director of Public
Works. Any proposed interim easements necessary to facilitate the construction of
permanent facilities shall be approved and recorded by the utility company prior
to building permit issuance for the site improvements.
37. LOT LINE ADJUSTMENT
Prior to approval of the Final Map, a lot line adjustment will be required. Proposed
buildings cannot straddle between parcel lines.
38. LOT MERGER
Prior to final acceptance of the project, Developer shall merge the parcels created
for the private street network into one lot as may be required by the Director of
Public Works or shall include language in the Covenants, Conditions, and
Restrictions (CC&R) to provide for City Manager review and approval of any
amendments to the CC&R.
39. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project
frontage will be required to the satisfaction of the Director of Public Works. Street
improvements, grading and drainage plans must be completed and approved
prior to Final map approval.
Street improvements may include, but not be limited to, new detached sidewalk,
driveways, curb and gutter, utility laterals, stormwater treatment facilities, and
street tree installations. 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 Final
Map approval.
40. 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.
41. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in
accordance with grades and standards as specified by the Director of Public
Works. All improvements must be completed and accepted by the City prior to
Building Final Occupancy or Street Improvement Encroachment Permit
acceptance whichever comes first.
42. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g.
walkway and bicycle racks, etc.) consistent with the Cupertino Bicycle
Transportation Plan and the Pedestrian Transportation Plan, and as approved by
the Director of Public Works. All improvements must be completed and accepted
by the City prior to Building Final Occupancy or Street Improvement
Encroachment Permit acceptance whichever comes first.
43. 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.
44. 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.
45. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works and
satisfy any requirements from the environmental analysis. Hydrology and pre -
and post -development hydraulic calculations based on the 10-year storm event
must be provided to indicate whether additional storm water control measures are
to be constructed or renovated. The storm drain system may include, but is not
limited to, subsurface storage of peak stormwater flows (as needed), bioretention
basins, vegetated swales, and hydrodynamic separators to reduce the amount of
runoff from the site and improve water quality. The storm drain system shall be
designed to detain water on -site (e.g., via buried pipes, retention systems or other
approved systems and improvements) as necessary to avoid an increase of the ten
percent flood water surface elevation to the satisfaction of the Director of Public
Works. Any storm water overflows or surface sheeting should be directed away
from neighboring private properties and to the public right of way as much as
reasonably possible.
All storm drain inlets shall be clearly marked with the words "No Dumping -
Flows to Creek" using permanently affixed metal medallions or equivalent, as
approved by the Environmental Programs Division.
Additional comments will be provided and shall be incorporated prior to Final
Map approval.
46. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing
5,000 S.F. or more of impervious surface, collectively over the entire project site.
The developer shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment,
unless an alternative storm water treatment plan, that satisfies C.3 requirements,
is approved by the Director of Public Works.
The developer must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan
and a Storm Water Facilities Operation, Maintenance and Easement Agreement,
and certification of ongoing operation and maintenance of treatment BMPs are
each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
If the Project is subject to CC&R and Homeowners Association (HOA), CC&R
must also include languages pertaining to the stormwater treatment measures.
47. SUBDIVISION IMPROVEMENT AGREEMENT
The project developer shall enter into a Subdivision Improvement Agreement 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
dedication fees and fees for under grounding of utilities. Said agreement and fees
shall be executed and paid prior to Final map approval.
Fees:
Checking & Inspection Fees:
Grading Permit:
Tract Map Fee:
Storm Drainage Fee:
$347
Transportation Impact Fee:
Encroachment Permit Fee:
Per current fee schedule ($5,655 or 5% of
improvement costs)
Per current fee schedule ($4,891 or 6% of
improvement costs)
Per current fee schedule ($13,687)
Per current fee schedule ($4,584 per AC +
per unit)
Per current fee schedule: ($4,215 per unit)
Per current fee schedule ($3,551 or 5% of
improvement costs)
Park Fees: Per current fee schedule: $54,000 per unit
($2,538,000 based on 47 units, 12 BMR units
waived)
Storm Management Plan Fee: Per current fee schedule ($2,217)
Street Tree Fee: By Developer or Per current fee schedule:
$513
per tree
Developer Contribution: $120,000 (Stevens Creek Blvd Class IV
Separated Bike Lane frontage
improvements)
Bonds:
a. Encroachment Bond: 100% of Off -site Improvements
b. 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.
48. FINAL MAP
A final map will be subject to City Council approval and shall be recorded prior
to. issuance of building permits. Existing buildings must be demolished prior to
recordation of the final map as building(s) cannot straddle between lot lines.
49. 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).
Project is also subject to Vehicle Miles Traveled (VMT) analysis as part of
environmental reviews per Chapter 17 of the Cupertino Municipal Code. Project
shall provide mitigation measure as results of the transportation analysis.
50. PARKS
The residential units are subject to the Park Land Dedication (for units 50 or more)
or the payment of parkland fees in -lieu of parkland dedication per Chapter 13.08
and Chapter 18.24 of the Cupertino Municipal Code. The City Council has the
ultimate discretion to require parkland dedication or accept park in -lieu fees (for
units 50 or more).
The Below Market Rate (BMR) program manual, which was last amended by City
Council on July 2, 2024 per Resolution 24-067, authorizes the waiver of park fees
for BMR units. Pursuant to Resolution 24-067, parkland dedication in -lieu fees for
the 12 BMR units proposed for this project are hereby waived.
51. 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.
52. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public
Works Guidelines posted at www.cul2ertino.org/nowaste/ and to the satisfaction
of the Environmental Programs Manager. Clearance by the Public Works
Department is required prior to obtaining a building permit. (CMC 9.18.210 H &
K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
53. OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to Final Map approval. The Agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that
may include, but is not limited to, landscaping, street trees, sidewalk, pavers, and
street lights.
54. 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.
55. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed
in underground vaults. The developer must receive written approval from both
the Public Works Department and the Community Development Department
prior to installation of any above ground equipment. Should above ground
equipment be permitted by the City, equipment and enclosures shall be screened
with fencing and landscaping such that said equipment is not visible from public
street areas, as determined by the Community Development Department.
Transformers shall not be located in the front or side building setback area.
56. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground
equipment shall be placed outside of the public right of way and away from 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
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. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of
the Director of Public Works and shall be of a type approved by the City in
accordance with Ordinance No. 125.
63. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the
City.
64. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County
Fire Department prior to issuance of building permits. Clearance should include
written approval of the location of any proposed Fire Backflow Preventers, Fire
Department Connections and Fire Hydrants (typically Backflow Preventers
should be located on private property adjacent to the public right of way, and fire
department connections must be located within 100' of a Fire Hydrant).
65. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
66. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers prior to
Final Map approval.
67. 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.
68. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be
obtained from the Cupertino Sanitary District prior to Final Map approval.
69. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to Final Map approval.
SECTION V: CONDITIONS ADMINISTERED BY THE CUPERTINO SANITARY
DISTRICT
70. CUPERTINO SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to Final Map approval. The letter shall include their review and
approval of any existing sanitary sewer easements to be quitclaimed and the
creation of any new sanitary sewer easements.
71. INSTALLERS AGREEMENT
The property owner shall enter into an Installer's Agreement with the District for
the construction of the proposed sewer infrastructure prior to issuance of Building
Permits.
72. PAYMENT OF FEES
The property owner shall pay all required New Lateral, Serer Development,
Treatment Plant Capacity, plan check, and permit fees to the District prior to
issuance of Building Permits.
73. PLANS AND EXISTING LATERALS
The property owner shall provide Utility Plan and Profile sheets and shall verify
the location of both the proposed lateral on Stevens Creek Boulevard and the
lateral that was used through the neighboring property. Both shall be
abandoned/removed.
SECTION VI: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
74. AERIAL ACCESS REQUIRED
Where the vertical distance between the grade plane and the highest roof surface
exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be
provided. For purposes of this section, the highest roof surface shall be determined
by measurement to the eave of a pitched roof, the intersection of the roof to the
exterior wall, or the top of parapet walls, whichever is greater (CFC Appendix D
as amended by SCCFD). Aerial access roadways shall meet the minimum road
width of 26 feet and comply with Al Standard.
An AMMR was approved for this project. AMMR application form and comment
letter shall be made part of the building permit plan set. AMMR details such as
modified sprinkler system and modified fire alarm shall be noted as deferred
submittals.
75. GROUND LADDER / EMERGENCY RESCUE OPENINGS
Ground ladder and emergency rescue openings shall be required. Ground -ladder
rescue from second and third floor rooms shall be made possible for fire
department operations. Climbing angle of seventy-five degrees shall be
demonstrated on the plans and maintained. Landscaping shall not be allowed to
interfere with the required access (CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8
through 5.1.9.2).
76. 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.
77. PUBLIC FIRE HYDRANTS REQUIRED
Fire hydrants shall be located within 600 feet of all buildings (CFC, Section 507.5.1).
78. REQUIRED FIRE FLOW
The minimum required fire flow for this project is 2,715 Gallons Per Minute (GPM)
at 20 psi residual pressure. The fire flow calculation has been adjusted according
to different construction types and sprinkler reduction. Fire flow shall be met from
the new hydrants.
79. BUILDINGS AND FACILITIES ACCESS
Approved fire apparatus access roads shall be provided for every facility, building
or portion of a building hereafter constructed or moved into or with the
jurisdiction [CFC, Section 503.1.1]. Installations shall conform to Fire Department
Standard Details and Specifications sheet A-1. CFC Sec. 503.
80. FIRE LANE IDENTIFICATION
The minimum clear width of fire department access roads shall be 20 feet. Fire
apparatus access roads shall be designated and marked as a fire lane as set forth
in Section 22500.1 of the California Vehicle Code.
81. 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.
82. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. Numbers shall be
a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm). Address numbers shall be maintained. CFC Sec. 505.1
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this Xth day of July, 2025, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Liang-Fang Chao, Mayor
Date
City of Cupertino
ATTEST:
Date
Kirsten Squarcia, City Clerk