CC Resolution No. 22-130 approving the Two-Story Permits (R-2021-040, -041, -042, -043, -044 -045)RESOLUTION NO. 22-130
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING SIX TWO STORY PERMITS TO ALLOW SIX NEW
TWO-STORY HOMES WITH ATTACHED ADUS LOCATED
AT 20860 MCCLELLAN ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2021-040 to R-2021-045
District McClellan LLC, c/o Alok Damireddy
20860 McClellan Road; APN#359-20-030
SECTION II: FINDINGS FOR A TWO-STORY PERMIT:
WHEREAS, the City of Cupertino received applications for six Two Story Permits to allow the
construction of a six new two story homes ranging from 3,385 to 4,025 square feet with an attached
accessory dwelling unit ranging from 557 to 600 square feet; and
WHEREAS, the project is determined to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of CEQA Guidelines; and
WHEREAS, on September 13, 2022, the Plarnling 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 September 13, 2022 the Plamling Commission recommended on a 3-2 vote that
the City Council find the project exempt from CEQA, approve Tentative Tract Map (TM-2021-006
in substantially similar form to the Resolution presented (Resolution No. 6957); and
WHEREAS, all necessary public notices having been given as required by the Cupertino
Municipal Code and the Government Code, and the City Council held at least one public hearing
in regard to this application on October 18, 2022; and
WHEREAS, the City C01mcil 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 six
Two Story Permits; and
WHEREAS, the City Council finds as follows with regard to this application:
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance, and the purposes of the R-1 Ordinance; and
The proposed project is consistent with the General Plan as th e project is within the Low Den si ty
land use area . Th ere are no applicable specific plans that affect the project. The project has be en found
Resolution No. 22-130
Page 2
to be consistent with the requirements of Cupertino Municipal Code Chapt er 19 .28 Single Family
(R-1) Residential.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public health,
safety, or welfare; and
The gran ting of the permit will not result in a condition that is detrimental or injurious to properhJ
improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as th e
project is located within the Rl-10 (Single Family Residen tial) zoning district, and will be compatible
with the surrounding uses of the neighborhood . Th e project meets the building development
regulations of the R-1 Ordinance and complies with the privacy protection measures to ensure that
visual impacts to adjacent neighbors are mitigated.
3. The project is harmonious in scale and design with the general neighborhood; and
The proposed project is located in a residential area consisting of single-family homes . The subject
neighborhood contains a mix of single-story and two-story homes, making the proposed project
compatible with the neighborhood. The proposed six two-story residences ar e comparable in size to
the existing residences in the surrounding area and complies with the R-1 Ordinance regulations for
floor area ratio. Additionally, the project complies with all other development regulations for Rl-7.5
zoned properties regarding mass and bulk, including, but not limited to, first floor building envelope,
minimum setback regulations, and building height limitations .
4 . Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse visual impacts on adjoining properties have been reasonably mitigated through
adherence to the setback requirements and privacy protection measures of the R-1 Ordinance.
The R-1 Ordinance all ows property owners the ability to construct second-story windows and
balconies as long as privacy protection trees and/or shrubs ar e planted as required by the ordinance.
The project complies with the privacy screening requirements of the R-1 Ordinance by providing
privacy screening plantings for the second-story balcony and second-story windows with a sill height
below 5 feet along the property lines for each lot that proposes these window sizes . Per the R-1
Ordinance , the objective of privacy protection plantings is to provide substantial screening within
three years of planting. Privacy protection plantings are considered Protected Trees under the City's
Municipal Code (Chapter 14 .18) and are recorded as such with a covenant against the property to
inform current and future property owners about their protected status. Protected trees are not
permitted to be removed without obtaining a tree removal permit and providing replacement
plantings.
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 3 thereof, and those contained in all other
Resolutions approved for this Project, the City Council does hereby:
Resolution No. 22-1 30
Page3
1. Exercises its independent judgment and determines that the Project is exempt from CEQA
pursuant to CEQA Guidelines section 15332. Section 15332 exemption applies projects
characterized as in-fill development meeting the following criteria :
(a) The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within the city limits on a project site of no more than
five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quality .
(e) The site can be adequately served by all required utilities and public services.
Therefore, the proposed project is consistent with the criteria stated above (Section 15332) and
as discussed in the Infill Exemption Memorandum prepared for the project, will not have a
significant effect on the environment.
2. Approve, the application for six Two Story Permits, Application No.'s R-2021-040, -041, -042,
-043, -044, and -045.
3. Find 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.' s
R-2021-040, -041 , -042, -043 , -044, and -045 as set forth in the Minutes of the City Council
Meeting of MONTH DAY, YEAR and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "District McClellan ", consisting of one
hundred and twenty-nine (129) sheets except as may be amended by conditions in this
resolution. In the event there are conflicts between the floor plan, cross sections and
elevation drawings, the elevation drawings take precedence.
2. UNITS APPROVED
A total of six single family homes with six attached Accessory Dwelling Units are approved.
A covenant shall be recorded prior to final occupancy to ensure that there shall be no internal
connection between the accessory dwelling unit and the principal dwelling unit throughout
the lifetime of the home, nor shall the accessory dwelling unit ever be allowed to converted
to be part of the principal dwelling unit.
3. PARKING REQUIREMENTS
The project shall provide five on-site parking spaces and one off-site parking space for each
lot. Two on-site parking spaces shall be located within an enclosed garage and three on-site
Resolution No. 22-130
Page 4
parking spaces are to be open and proposed on the driveway. The one off-site parking space
shall be provided along the west side of Cherry land Drive.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and aimotated on the building
plans.
5. ACCURACY OF PROTECT PLANS
The applica.11t/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 releva.11t easements and/or construction records. Any misrepresentation
of property data may invalidate this approval a.11d may require additional review.
6. 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 a.11d requirements. Any misrepresentation
of any submitted data may invalidate an approval by the Community Development
Deparhnent.
7. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TM-2021-006 and RM-2022-015 to -016, -022,
-023, -024, a.11d -025.
8. PRIVACY PLANTING
The final privacy planting plan shall be reviewed and approved by the Plaiming Division
prior to issua.11ce of building permits. The variety, size, a.11d planting distance shall be
consistent with the City's requirements.
9. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements consistent with
the R-1 Ordinance, for all windows with views into neighboring yards and a sill height that
is 5 feet or less from the second story finished floor. The precise language will be subject to
approval by the Director of Commwuty Development. Proof of recordation must be
submitted to the Community Development Department prior to final occupa.11ey of the
residence.
10. FRONT YARD TREE
The applicant shall indicate on site and landscape plans the location of a front yard tree to be
located within the front yard setback area in order to screen the massing of the second story.
The front yard tree shall be a minimum 24-inch box and 6 feet planted height and otherwise
be consistent with the City's requirements.
Resolution No. 22-130
Pages
11. FRONT YARD TREE COVENANT
The property owner shall record a covenant on this property with the Santa Clara County
Recorder's Office that requires the retention and maintenance of the required front yard tree .
The precise language will be subject to approval by the Director of Commmtity Development.
Proof of recordation must be submitted to the Commwuty Development Department prior to
final occupancy of the residence .
12. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance,
for projects with landscape area 500 square feet or more or elect to submit a Prescriptive
Compliance Application per sections 14.15.040 A, B, and C for projects with landscape area
between 500 square feet and 2,500 square feet. The Landscape Documentation Package or
Prescriptive Compliance Application shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits, and
additional requirements per sections 14.15 .040 D, E, F, and G or 14.15.050 E, F, G, H, and I will
be required to be reviewed and approved prior to final inspections .
13. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original
approved plans. Final building exterior treahnent plan (including but not limited to details
on exterior color, materials, architectural treahnents, doors, windows, lighting fixtures,
and/or embellishments) shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits to ensure quality and consistency. Any
exterior changes determined to be substantial by the Director of Community Development
shall either require a modification to this permit or a new permit based on the extent of the
change.
14. 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 w1paved access roads) at least twice daily and more often during windy
periods to prevent visible dust from leaving the site; active areas 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 hucks 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 velucle speeds on w1paved roads shall be limited to 15 mph.
e. All road ways, 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.
Resolution No . 22-130
Page 6
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 .
15. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1), w1less
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 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. 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 comply with the above grading and construction hours and noise limit
requirements unless otherwise indicated.
16 . 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 issuance of final demolition permits.
Resolution No. 22-130
Pa ge 7
17 . DARK SKY ORDINANCE COMPLIANCE
The applicant shall comply with Dark Sky Ordinance regulations, as applicable, prior to
issuance of the building permit.
18. BIRD SAFE ORDINANCE COMPLIANCE
The applicant shall comply with the Bird Safe Ordinance regulations, as applicable, prior to
issuance of the building permit.
19 . NESTING BIRDS
Nests of raptors and other birds shall be protected when in ac ti ve use, as required by the
federal Migratory Bird Treaty Act and the California Department of Fish and Game Code.
a . Construction and tree removal/pnming 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 below) are not required for tree removal or
construction activities outside the nesting period . 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.
b. 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.
c. Protective measures shall include establishment of clearly delineated exclusion zones (i.e .
demarcated by identifiable fenci11g, 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. h1 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
Resolution No. 22-130
Page 8
and buffers shall remain in effect until the young have left the nest and are foraging
independently or the nest is no longer active.
d. 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.
20. GEOLOGY AND SOILS
All grading and foundation plans for the proposed project shall be designed by a Civil and
Structural Engineer, peer-reviewed by a third-party qualified Geotechnical Engineer, paid for
by the applicant, and reviewed and approved by the City Engineer, and Chief Building
Official, prior to issuance of building permit or grading permit, whichever comes first, to
ensure that all geotechnical recommendations specified in the Geotechnical Investigation
prepared for the proposed project by Geo Engineering Consultants are properly incorporated
and utilized in the project design.
21. HAZARDS AND HAZARDOUS MATERIALS PHASE II RECOMMENDATIONS
Prior to initiation of demolition or construction activities, the project applicant shall comply
with all applicable recommendations within the Limited Phase II ESA prepared for the
proposed project by ReDevelop Inc . including the excavation and proper disposal of OCP
impacted soils, the development of a Health and Safety Plan to protect workers during
grading and construction activities, and the installation of vapor barrier protection for
residences. OCP-impacted soils located within the project site shall be removed to a depth of
one foot and off-hauled by a licensed hazardous waste contractor (Class A) and contractor
personnel that have completed 40-hour OSHA hazardous training. The soil shall be disposed
of appropriately in accordance with applicable federal, State, and local regulations associated
with hazardous waste. That the applicant has complied with the recommendations shall be
verified by the City of Cupertino Community Development Deparhnent and the Santa Clara
Cow1ty Environmental Health Deparhnent through their Voluntary Cleanup Program, prior
to the issuance of the first grading and/or building permit.
22. HAZARDS AND HAZARDOUS MATERIALS ASBESTOS AND/OR LEAD ASSESSOR
CONSULTATION
Prior to issuance of a demolition permit for on-site structures, the project applicant shall
consult with certified Asbestos and/or Lead Risk Assessors to complete and submit for review
to the Building Deparhnent an asbestos and lead survey. If asbestos containing materials or
lead-containing materials are not discovered during the survey, further mitigation related to
asbestos-containing materials or lead containing materials shall not be required. If asbestos
containing materials and/or lead-containing materials are discovered by the survey, the
project applicant shall prepare a work plan to demonstrate how the on-site asbestos-
containing materials and/or lead-containing materials shall be removed in accordance with
current California Occupational Health and Safety (Cal-OSHA) Administration regulations
Resolution No. 22-130
Page 9
and disposed of in accordance with all CalEP A regulations, prior to the demolition and/or
removal of the on-site structures . The plan shall include the requirement that work shall be
conducted by a Cal-OSHA registered asbestos and lead abatement contractor in accordance
with Title 8 CCR 1529 and Title 8 CCR 1532.1 regarding asbestos and lead training,
engineering controls, and certifications. The applicant shall submit the work plan to the City
of Cupertino for review and approval. The City has tl1e right to defer the work plan to the
Santa Clara County Deparhnent of Environmental Health for additional review. Materials
containing more tl1an one (1) percent asbestos that is friable are also subject to BAAQMD
regulations . Removal of materials containing more than one (1) percent friable asbestos shall
be completed in accordance with BAAQMD Section 11-2-303.
23. NOISE AND VIDRA TION NOTICE AND SIGN AGE REQUIREMENTS
a. At least 10 days prior to the start of any demolition, ground disturbing, or conshuction
activities, the project applicant shall send notices of the planned activity by first class mail
as follows:
1. 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;
ii. For projects on sites between 0.25 to 0.5 acres, or two or tl1ree 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
iii. 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, tl1e hours when activity would occur, and the construction period's overall
duration. The notification should include the telephone numbers of tl1e contractor's
authorized representatives that are assigned to respond in the event of a noise or vibration
complaint. The project applicant shall provide tl1e City with evidence of mailing of the
notice, upon request.
b . At least 10 days prior to the start of construction activities, a sign shall be posted at the
entrance(s) to the job site, clearly visible to the public, which includes permitted
construction days and hours, as well as the telephone numbers of the City's and
contractor's autl10rized representatives that are assigned to respond in the event of a noise
or vibration complaint. I£ the authorized contractor's representative receives a complaint,
they shall investigate, take appropriate corrective action, and report the action to the City
within three business days of receiving the complaint.
24. NOISE MANAGEMENT DURING CONSTRUCTION
Projects shall implement the following measures to reduce noise during construction and
demolition activity:
Resolution No. 22-130
Page 10
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 during the Building Permit stage. 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.
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. 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, 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.
Resolution No. 22-130
Page 11
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.
26. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
27. CHERRYLAND HOA
The existing Cherryland CC&Rs acknowledges the granting of a reciprocal easement of the
private road for a future development of the western lot. Prior to Final Map approval as
reviewed and approved by the Public Works Department, the developer/ applicant shall
establish an agreement with the Cherry land HOA for ingress/egress and for maintenance that
covers the fully widened private roadway Cherry land Drive. The agreement should consider
how the private Cherryland Drive would be assessed for tax purposes to the adjacent
property owners if the private drive were to be merged into one parcel.
28. LOT LINE ADJUSTMENT
Prior to issuance of Building Permits, the developer/applicant shall work with the Cherry land
HOA to obtain consensus for, and to prepare, a lot line adjustment to create one parcel for the
fully widened private Cherryland Drive. Developer/applicant shall submit the necessary
documentation and fees to the Public Works Department for review and approval during
building permit phase. The lot line adjustment would be executed after recordation of the
Cherryland HOA Agreement and Final Map recordation.
29. STREET IMPROVEMENTS & DEDICATION
Resolution No. 22-130
Page 12
Roadway dedication in fee title and frontage improvements along McClellan Road will be
required to the satisfaction of the Director of Public Works. Street improvement plans and
grading and drainage plans must be completed and approved prior to Final Map approval as
reviewed and approved by the Public Works Deparhnent.
Street improvements may include, but not be limited to, removal of existing driveways, new
curb and gutter, new ADA ramp, storm drain system modifications, street tree installations,
and joint pole relocation . All improvements must be completed and accepted by the City prior
to Building Final Occupancy or Street Improvement Encroachment Permit acceptance
whichever comes first.
Additional comments will be provided during review of the plans and shall be incorporated
prior to Final Map approval as reviewed by the Public Works Department.
30. 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.
31. 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.
32. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Prior to issuance of Building Permits, the developer shall provide/demonstrate the location of
pedestrian and bicycle related improvements including, but not limited to, modifications to
the raised island along McClellan Road due to the existing driveway removals and to meet
trash collection requirements, 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.
33. STREET LIGHTING INSTALLATION
Prior to issuance of Building Permits, the developer/applicant shall demonstrate on the plans
that lighting fixtures are 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. Street lighting shall be installed and shall
be approved by the Director of Public Works prior to Building Final Occupancy.
34. GRADING
Resolution No. 22-130
Page 13
Prior to issuance of Building or Grading Permits, the developer/applicant shall demonsh·ate
that grading is in accordance with Chapter 16.08 of the Cupertino Municipal Code and shall
be reviewed and approved by the Director of Public Works. 401 Certifications and 404 permits
may also be required . Please contact Anny Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
35. DRAINAGE
Prior to issuance of Building Permits, the developer/applicant shall demonstrate drainage
designs and proposals to be reviewed and approved 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 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
amow1t of rw1off 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 Enviromnental
Programs Division.
Additional comments will be provided and shall be incorporated prior to Final Map approval.
36. C.3 REQUIREMENTS
C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F.
or more of impervious surface (collectively over the entire project site). The
developer/applicant shall submit plans to be reviewed and approved by the Public Works
Deparhnent that verify a minimum reservation of 4% of developable surface area for the
placement of low impact development measures, for storm water treahnent, unless an
alternative storm water treatment plan, that satisfies C.3 requirements, as reviewed and
approved by the Director of Public Works p r ior to issuance of Building Permits.
The developer must include the use and maintenance of site design, source control and stor m
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 treahnent BMPs are each required.
Resolution No. 22-130
Page 14
All storm water management plans are required to obtain certification from a City approved
third party reviewer.
37. SUBDIVISION AGREEMENT
The project developer/applicant shall enter into a subdivision agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and inspection
fees, storm drain fees, park dedication fees and fees for w1der grounding of utilities . Said
agreement and fees shall be executed and paid prior to Final Map approval as reviewed and
approved by the Public Works Department.
Fees:
a. Checking & Inspection Fees:
b . Grading Permit:
c. Tract Map Fee:
d. Storm Drainage Fe@-;
e. Transportation Impact Fee:
f. Encroachment Permit Fee:
g. Park Fees:
h. Storm Management Plan Fee
i. Street Tree Fee:
Bonds:
Per current fee schedule ($4,947 or 5% of
improvement costs)
Per current fee schedule ($3,683 or 6% of
improvement costs)
Per current fee schedule ($12,306)
Per current fee schedule ($4,250 per AC+
$322 per unit)
Per current fee schedule ($6,797 per tmit)
Per current fee schedule ($3,304)
Per current fee schedule ($105,000 per unit)
Per current fee schedule ($1,670)
By Developer or Per current fee schedule:
$481 per tree
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 100% of Off-site and On-site Improvement
c. On-site Grading Bond: 100% of site improvements
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the 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.
38. 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 and will be reviewed and approved by
the Public Works department prior to recordation of final map .
39. TRANSPORTATION IMPACT FEES
Resolution No. 22-130
Page 15
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) and
payment shall be provided prior to issuance of Building Permits.
40 . PARKS
The residential units are subject to the payment of parkland fees in-lieu of parkland
dedication per Chapter 13.08 and Chapter 18.24 of the Cupertino Municipal Code and
payment shall be provided prior to issuance of Building Permits.
41. SURVEYS
Prior to issuance of Building Permits, 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
bow1dary survey and setback requirements.
42. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works
Guidelines posted at www .cupertino.org/nowaste, and to the satisfaction of the
Environmental Programs Manager. Clearance by the Public Works Department is required
prior to issuance of a building permit. (CMC 9.18.210 H & K)
If the project requires trash collection along Cherry land Drive, the applicant and the adjacent
Cherry land HOA shall enter into an agreement with the City prior to Final Map approval 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.
43. OPERA TIO NS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City prior to
Final Map approval as reviewed and approved by the Public Works Department. 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 streetlights.
44. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Undergrow1d 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 w1derground utility devices.
Developer shall submit detailed plans showing utility w1derground provisions to be
reviewed and approved prior to issuance of Building Permits. Sa.id plans shall be subject to
prior approval of the affected Utility provider and the Director of Public Works.
45. TRANSFORMERS & CABINETS
Resolution No. 22-130
Page 16
Electrical transformers, telephone cabinets and similar equipment shall be placed in
undergrow1d 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 and prior to issuance of Building Permits . Should above grow1d
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.
46 . WATER BACKFLOW PREVENTERS
Prior to issuance of Building Permits, the 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.
47. 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 as reviewed and approved by the Public Works Department
prior to issuance of Building Permits.
48. 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 rw10££ quality, and BMP inspection and
maintenance. Provide documentation to be reviewed and approved by the Public Works
Department, prior to issuance of Buildings Permits.
49 . EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil Engineer
prior to issuance of Building, Demolition, or Grading Permits . This plan should include all
erosion control measures used to retain materials on site . Erosion control notes shall be stated
on the plans.
50. 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.
51. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the City prior to issuance of Building Permits. The plan shall include a
temporary traffic control plan for work in the right of way as well as a routing plan for all
Resolution No. 22-130
Page 17
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 .
52. 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. Street tree locations shall be reviewed and approved by the Public Works
Deparhnent prior to issuance of Building Permits .
53. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City prior to
issuance of Buildings Permits.
54 . SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Deparhnent prior to issuance of building pennits. Clearance should include written approval
of the location of any proposed Fire Backflow Preventers, Fire Deparhnent Connections and
Fire Hydrants (typically Backflow Preventers should be located on private property adjacent
to the public right of way, and fire deparhnent connections must be located within 100' of a
Fire Hydrant).
55. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire Deparhnent
as needed and shall be reviewed and approved prior to issuance of Building Permits.
56 . SAN JOSE WATER SERVICE COMP ANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service capability
and location and layout of water lines and backflow preventers prior to Final Map approval
as reviewed and approved by the Public Works Deparhnent.
57. 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.
Documentation for quit claim shall be provided to the Public Works Deparhnent for review
and approval prior to final map approval as reviewed and approved by the Public Works
Deparhnent.
58. 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 as reviewed and approved
by the Public Works Deparhnent.
Resolution No. 22-130
Page 18
59 . UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG&E,
AT&T, and San Jose Water Company, and/or equivalent agencies) will be required prior to
Final Map approval as reviewed and approved by the Public Works Deparhnent.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE
DEPARTMENT
60. FIRE DEPT. APPARATUS ACCESS ROADWAYS
Prior to issuance of final map approval as reviewed and approved by the Public Works
Deparhnent, all such roadways shall be minimum 20 feet in width, a minimum vertical
clearance of 13' 6", maximum grade of 15 %, with a minimum circulating outside radius of 42'.
Cul-De-Sac diameters shall be no less than 72 feet. CFC Sec . 503 . All such roadways shall be
capable of supporting a maximum imposed load of 75,000 pounds and where a bridge or an
elevated surface is part of a fire apparatus access road, the bridge shall be constructed and
maint ained in accordance with AASHTO HB-17 . The minimum requirements are found in
the currently adopted edition of the California Fire Code Sec . 503, as identified in the SCCFD
SD&S A-1.
61. FIRE PLANES REQUIRED
Where required by the Fire Code Official and shall be reviewed and approved prior to
issuance of Building Permits, 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 and the SCCFD A-6
Standard.
62. PARKING
Prior to issuance of Building Permits, the developer/applicant shall demonstrate when
parking is permitted on streets, in both residential/commercial applications, it shall conform
to tl1e following:
A. Parking is permitted both sides of the street with street widths of 36 feet or more
B. Parking is permitted on one side of the street with street widths of 28 -35 feet
C. No parking is permitted when street widths are less than 28 feet
Prior to issuance of building permits, the applicant shall clearly indicate on tl1e plans all areas
where on street parking is proposed. Include widths of the roadway, widths of the parking
spaces and how any no-parking sections will be marked as shown on the plans prior to
issuance of Building Permits.
63 . FIRE HYDRANT SYSTEMS REQUIRED
Prior to issuance of Building Permits, the developer/applicant shall demonstrate that where a
portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet from a h y drant on a fire apparatus access road, as measured
by an approved route around the exterior of the facility or building, onsite fire hydrants and
Resolution No . 22-130
Page 19
mains shall be provided where required by th e fire code official. Exception: For Group R-3
and Group U occupancies, equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903 .3.1.3, the distance
requirement shall be not more than 600 feet [CFC, Section 507.5.1]. Proposed parcels are all
located within 600 feet of the existing fire hydrant.
64. REQUIRED FIRE FLOW
Documentation from the local water purveyor confirming the required fire flow @ 20 p si,
base d upon the SF of the largest proposed residence, shall be provided prior to building
permit issuance. Fire flow shall be confirmed at plan review of Building Permits.
SECTION VI: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL SERVICES
DIVISION
65. ENVIRONMENTAL DMSION STANDARDS
Prior to issuance of Building permits, the applicant shall comply with the additional
requirements related to construction and demolition waste recycling and PCB mitigation
during the building permit review phase.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
rnu, day of October, 2022 by the following vote:
Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES : None
ABSENT:
ABSTAIN:
SIGNED:
City of
ATTEST:
None
None
Kirsten Squarcia, City Clerk
//I '( I 2.-o 2. 2--
Date
Date
11/4/22