Reso 058ISP -2015-03
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 9501
RESOLUTION NO. 58
OF THE ADMINISTRATIVE HEARING MEETING ING ®IF '>I'IH[IE CITY OF CUP EIR'>< INO TO
ALLOW THE DEMOLITION OLITION OF AN T IEXISTING COMMERCIAL BUILDING
AND CONSTRUCTION ION OF A NEW 2,600 SQUARE FOOT COMMERCIAL
]BUILDING AT 211731 STEVENS CREEK BOULEVARD
SECTION Ia PROTECT DESCRIPTION & RECITALS
Application No.: DP -2015®03
Applicant: Jeffrey Eaton
Property Owner: Uri Freeland
Location: 21731 Stevens Creek Boulevard (APP 326-20-048)
Subject: Development Permit t® alb.®w the t® allow the demolition of an existing
commercial building and construction a new 2,500 square foot
commercial building.
go
WHEREAS, the Administrative Hearing Officer ®f the City of Cupertino received an
application f®r a Development Permit as described in Section I. ®f this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance ®f the City ®f Cupertino, and the Administrative Hearing Officer (held a public
meeting on ]February 11, 2016 in regard t® the application; and .
NOW, THEREFORE., BE IT RESOLVED:
After careful consideration ®f the maps, facts, exhibits, testimony and other evidence
submitted in this matter, the Administrative Hearing Officer ]hereby, approves Application
no. DP -201,E®03 based upon the findings described In Seal®n ff ®f this resolution, the public
meeting record, and the minutes ®f the Administrative Hearing meeting of.February 11,
2016, and subject t® thec®ndntn®ns specified in Sean®n ICIER ®f this resolution.
SECTION II: ]FINDINGS:
1. The proposed development and/®r use, at the proposed location, will not be detrimental
®r injurious t® property or improvements in the vicinity, and will n®t the detrimental t®
Resolution No. 58 DP -2015-03
the public health, safety, general welfare, or convenience;
February 11, 2016
The proposed retail building 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 because it is located within a mixed use light industrial, neighborhood commercial,
and residential district, which includes a variety of different land uses similar to the one
proposed. The City has approved other similar retail projects in the neighborhood which is
consistent with the City's General Plan Goal LU -25 for Monta VistaVillage.
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 proposed commercial building is consistent with the General Plan, zoning ordinance, and
CEQA. For example, the project will be required to allow/provide connections with adjoining
sites (GP Strategy LU -25.4.1), provide a storefront appearance (GP Strategy LU -25.3.1), and
provide an efficient and updated parking lot (GP Policy M-6.1). The conditions of approval
contained in this resolution further reduce the likelihood of adverse impacts to surrounding
properties.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on plan sets dated December 7, 2015, titled "Stevens Creek Retail Pad
21731 Stevens Creek Blvd., Cupertino, CA, 95014", consisting of seventeen sheets
labeled PD0.1, PD1.0, PD1.1, PD2.1, PD2.2, PD3.0, PD3.1,1-5, L1.0 — L4.0, and Lighting
Plan Sheet 1 drawn by Eaton Hall Architecture, Hanna Brunetti Civil Engineers, and
Gregory Lewis Landscape Architect, 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. 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.
Resolution No. 58 DP -2015-03 February 11, 2016
4. CONCURRENT APPROVAL CONDITIONS
The conditions tions ®f approval contained in file no. ASA -2015-11 shall be applicable t® this
approval.
5. DEVELOPMENT Ali] ROVAIL AND PROJECT AMENDMENTS
Development Permit approval is granted to allow the demolition of an existing retail
building and the construction ®f a 2,600 square foot retail building with commercial
uses.
Allowed uses include Neighborhood Commercial uses that serve primarily the
residents of adjacent neighborhoods. This includes, but is not limited.t®, retail activities,
personal services, and limited commercial and medical offices. Future uses will be
determined using the City's Parking Ordinance. A separate conditional use permit shall
be required f®r commercial and office uses n®t considered neighborhood commercial by
the Director of Community Development. Development intensity shall be regulated by
conditional use permit review. The Director of Community Development shall review
amendments to the project considered major.
6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocati®n of 990 square feet ®f commercial allocation
from the Monta vista General ]flan area.
7. BELOW MARKET RATE HOUSING PROGRAM MITIGATION FEES
]tri®r to buuilding permit issuance, the applicant shall provide the required housing
mitigation fees for the retail development on the project site. The current fiscal year
housing mitigation fees are $10 per square foot. lased on 990 net new square feet ®f
building area, $9,900 in fees will be required.
8e INGRESS/EGRESS ]EASEMENTS
Prior t® final occupancy, cy, the applicant shall record the necessary reciprocal ingress and
egress easement between the adjoining property to the west to run in perpetuity. The
easement shall contain a provision that it may not be modified without the prior express
written approval of the City. The easement language shall be reviewed and approved
by the City pri®r t® recordati®n with the County Recorder's Office. A financial deposit
will be required for the City Attorney's Office review time. In the event an
ingress/egress easement cannot be agreed t® with the neighboring property owner to
the west, applicant shall add a deed restriction requiring them t® participate in a
reciprocal ingress/egress easement at such time in the future the City can require the
sane ®f the adjoining property owner.
Resolution No. 58 DP -2015-03 February 11, 2016
9. PUBLIC PEDESTRIAN ACCESS EASEMENT
The property owner shall record an appropriate deed restriction, subject to approval of
the City Attorney, for a public pedestrian access easement through the interior
pedestrian path(s). The easement shall be recorded prior to final occupancy of site
permits.
10. PARKING LOT DIRECTIONAL SIGNAGE
Prior to issuance of building_ permits, the applicant shall work with staff to consider the
following parking lot directional signage to be installed prior to final occupancy:
a. Speed bumps and/or speed limit signage
b. Directional/informational signs, particularily signage indicating "Exit Only" or "Do
Not Enter" at the egress onto the shared driveway with the post office.
c. Transpose directional arrows on the parking lot surface
11. MAIN BUILDING ENTRANCE
The main building entrance shall face Stevens Creek Boulevard. The entrance doors and
storefront are to be kept open and free of any obstructions. No more than 25% of each
storefront window bay may be obstructed with signage or other interior items.
Boarding, closure, shelves, permanent walls, opaque painting/material of windows, and
other storefront obstructions are not permitted.
12. SIGNAGE
A sign program for the project site, including all existing buildings on the site, shall be
reviewed and approved by the City prior to final occupancy. The sign program shall be
consistent with the Monta Vista Design Guidelines. Refer to Section 19.104.130 of the
Cupertino Municipal Code for the sign program requirements.
13. FINAL LIGHTING PLAN
All new lighting must conform to the standards in the Parking Ordinance (Chapter
19.124) and General Commercial Ordinance (Chapter 19.60), and the final lighting plan
(including a detailed photometric plan) shall be reviewed and approved by the
Community Development Director prior to building permit issuance. Prior to final
occupancy, a licensed lighting consultant shall confirm that the lighting is in compliance
with the City's standards.
14. SCREENING
All mechanical and other equipment on the building or on the site shall be screened so
they are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is designed
to screen. The location of equipment and necessary screening shall be reviewed and
Resolution No. 58 ISI' -2015-03 February 11, 2016
approved by the Director, of Community Development prior to issuance of building
permits.
15. TRANSFORMERS
]Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the Public
Works Department and the Community Development Department prior to installation
of any above ground equipment. Should above ground equipment be permitted by the
City, equipment and enclosures shall be screened with fencing and landscaping such
that said equipment is not visible from public street areas, as determined by the
Community Development Department. Transformers shall not be located in the front
or side building setback area.
16. LANDSCAPE PROJECT SUBMITTAL
The applicant shall submit a full landscape project submittal, per sections 490011., 492.1,
and 492.3 of the Department of Mater Resources Model Mater ]Efficient Landscape
Ordinance, for projects with landscape area more than 500 square feet; the applicant
shall submit. either a full landscape project submittal or submit the ]prescriptive
Compliance Checklist per Appendix D of the Department of Nater ][resources Model
Water Efficient ]Landscape Ordinance for projects with landscape area more than, 500
square feet and less than 2,500 square feet. The Landscape Documentation package or
]prescriptive Compliance Checklist shall be reviewed and approved to the satisfaction of
the Director of Community Development prior to issuance of building permits.
17. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional
after the landscaping and irrigation system have been installed. The findings of the
assessment shall be consolidated into a landscape installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and preparation
of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape
and irrigation system have been installed as specified in the landscape and irrigation
design plan and complies with the criteria of the ordinance and the permit."
Resolution No. 58 DP -2015-03 February 11, 2016
18. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of
Community Development or his/her designee, either with the landscape application
package, with the landscape installation report, or any time before the landscape
installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b. Maintenance shall include, but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de -
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants; weeding; pest control; and removing obstructions to emission devices.
c. Failed plants shall be replaced with the same or functionally equivalent plants that
may be size -adjusted as appropriate for the stage of growth of the overall
installation. Failing plants shall either be replaced or be revived through appropriate
adjustments in water, nutrients, pest control or other factors as recommended by a
landscaping professional.
19. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant rip or to
issuance of building_ permits. The plan shall include, but not be limited to the following:
a. Location and design of trash facilities (i.e. trash enclosures and receptacles). Trash
enclosures shall provide ample space to include trash, recycling, food waste, and
waste receptacles along with a tallow bin.
b. Quantity of trash receptacles.
c. Primary and alternative truck routes.
d. Signage for parking stalls displaced during pick-up and delivery hours (if
applicable).
e. Trash pick-up schedule (shall not take place during peak business hours)
f. Loading areas (with signage/markings restricting parking in these areas during
loading times)
g. Delivery hours (shall not take place during peak business hours)
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 and the City's refuse service
for review and approval prior to issuance of building permits.
20. CONSTRUCTION HOURS
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. All construction shall occur in compliance with Chapter 10.48, Community
Resolution No. 58 DP -2015-03 February 11, 2016
Noise Control, of the Cupertino Municipal Code. The developer shall be responsible for
educating all contractors and subcontractors of said construction restrictions. Rules and
regulation pertaining to all construction activities and limitations identified in this
permit, along with the name and telephone number of a developer appointed
disturbance coordinator, shall be posted in a prominent location at the entrance to the
job site.
21. 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.
22. 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. Nater all active construction areas 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.
ba Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least 2 feet of freeboard;
c. Pave, apply grater at least three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas of construction sites.
do Sweep streets daily, or more often if necessary (preferably with water sweepers) if
visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
23. NOISE MITIGATION MEASURES
The project and retail operations shall comply with the City's Community Noise
Control Ordinance (Chapter 10.48 of the CMC). In addition., the following mitigation
measures shall be taken in order to reduce noise event impacts to nearby receptor areas:
a. The contractor shall use ""new technology" power construction equipment with
state-of-the-art noise shielding and muffling devices. All internal combustion
engines used on the project site shall be equipped with adequate mufflers and shall
be in good mechanical condition to minimize noise created by faulty or poor
maintained engines or other components.
Resolution No. 58 DP -2015-03 February 11, 2016
b. Locate stationary noise generating equipment as far as possible from sensitive
receptors. Staging areas shall be located a minimum of 200 feet from noise sensitive
receptors, such as residential uses. Unnecessary idling of machines when not in use
shall be prohibited.
c. The developer will implement a Construction Management Plan approved by the
Community Development Director and Director of Public Works to minimize
impacts on the surrounding sensitive land uses to the fullest extent possible.
d. Temporary plywood enclosures shall be erected around stationary equipment that
produces excessive noise at nearby receptors
e. Good maintenance and lubrication procedures shall be used to reduce operating
noise.
f. All construction equipment shall conform to the following standards: 1) no
individual device produces a noise level more than 87 dBA at a distance of 25 feet; or
2) the noise level on any nearby property does not exceed eighty dBA (Cupertino
Municipal Code Section 10.48.053).
g. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment.
h. Noise from construction workers' radios shall be controlled to a point that it is not
audible at existing residences bordering the project site.
i. Notify all adjacent businesses, residences, and other noise -sensitive land uses of the
construction schedule in writing.
24. ROOFTOP EQUIPMENT SCREENING
All mechanical and other equipment on the building shall be screened so they are not
visible from public street areas or adjoining developments. The height of the screening
shall be taller than the height of the mechanical equipment that it is designed to screen.
A line of sight plan may be required to demonstrate that the equipment will not be
visible from any public right-of-way. The location of the equipment and necessary
screening shall be reviewed and approved by the Director of Community Development
prior to issuance of building permits.
25. UTILITY STRUCTURE PLAN
Prior to issuance of building_ permits, the applicant shall work with staff to provide a
detailed utility plan to demonstrate screening or undergrounding of all new utility
structures [including, but not limited to backflow preventers (BFP), fire department
connections (FDC), post -indicator valves (PIV), and gas meters] to the satisfaction of the
Director of Community Development, Public Works, Fire Department, and applicable
utility agencies.
Resolution No. 58 DP -2015-03 February 11, 2016
26. PRE -CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Pri®r t® commencement of construction activities, the applicant shall arrange for a pre -
construction meeting with the pertinent departments (including, but n®t limited to, Building,
]Planning, Public Works, Santa Clara County ]Fire Department) t® review an applicant -prepared
construction management plan including, but not limited to:
ao Plant for compliance with conditions of approval
lea ]flan for public access during work in the public right-of-way
co Construction staging area
do Construction schedule and hours
ea Construction phasing plan, if any
fe Contractor parking area
ge Tree preservation/protection plan
ho Site dust, noise and storm run-off management plan
L ]Emergency/complaint and construction site manager contacts
270 CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with regard t® the
proposed project for additional conditions and requirements. Any misrepresentation ®f any
submitted data may invalidate an approval by the Community Development Department.
28. INDEMNIFICATION
]Except as otherwise prohibited by flaw, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
"indemnified parties") from and against any claim, action, or 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 to attack, set aside, or void this ][Resolution or any
permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys' fees and costs incurred in defense of the
litigation. The applicant shall pay such attorney' fees and costs within 30
days following receipt of invoices from City. Such attorneys' fees and costs shall include
amounts paid to counsel not otherwise employed as City staff 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 byCity.
29. 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 ant 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
Resolution No. 58 DP -2015-03 February 11, 2016
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
30. DRAINAGE AGREEMENT
Provide to the City either a mutual agreement or an easement document that shows the project
site has the necessary permissions to drain through the adjacent property, or provide an
alternative path that directs onsite drainage to the public right of way.
31. STREET IMPROVEMENTS
Public street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer. The Developer shall construct street
improvements on the north side of Stevens Creek Blvd between the Post Office mail drop aisle,
and the shared driveway between the subject property and the Post Office property.
Improvements shall include narrowing the paved street to remove the right turn lane, and
associated striping. The new curb and gutter along the property frontage shall continue in a
straight line from the existing curb and gutter to the West, until it lines up with the proposed new
curb and gutter improvements to the East (between the mail drop aisle and the shared driveway).
The in -pavement lighted crosswalk and associated hardware shall be modified as necessary to
accommodate the improvements. The Developer shall dedicate to the City any private land within
10' of the new face of curb. All improvements in the right of way shall be done to the
satisfaction of the City Engineer.
32. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades
and standards as specified by the City Engineer.
33. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements consistent with
the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation
Guidelines, and as approved by the City Engineer.
34. BICYCLE PARKING
Developer shall provide bicycle parking consistent with the City's requirements to the
satisfaction of the City Engineer.
Resolution No. 58 ISI' -2015-03 ]February 11, 2016
35. STREET LIGHTING INSTALLATION
Street lighting shall the installed and shall be as approved by the City Engineer.
Lighting fixtures shall be positioned s® as t® preclude glare and other forms ®f visual
interference to adjoining properties, and shall be no higher than the maximum height
permitted by the zone in which the site is located.
36. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities ordinance
No. 331 and other related Ordinances and regulations ®f the City ®f Cupertino, and
shall coordinate with affected utility providers for installation ®f underground utility
devices. Developer shall submit detailed plans showing utility underground
provisions. Said plans small be subject t® pri®r approval ®f the affected Utility provider
and the City Engineer.
37. TRANSFORMERS
(Electrical transformers, telephone cabinets and similar equipment shall the placed in
underground vaults. The developer mush receive written approval from both the Public
Works Department and the Community Development Department prior to installati®n
®f 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
®r side building setback area.
38. WATER BACKFLOW PREVENTERS
Domestic and ]Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right ®f way and site driveways t® a locati®n
approved by the Cupertino Planning Department, Santa Clara County (Fire Department
and the water company.
39. IMPROVEMENT EM]ENT AG[ZIElEM ENT
The project developer shall enter int® a development agreement with the City of
Cupertino providing for payment of fees, including but not limited t® checking and
inspecti®n fees, storm drain fees, park dedicati®n fees and fees f®r under grounding ®f
utilities. Said agreement shall the executed prior t® issuance ®f construction permits
]Fees:
as Checking & Inspecti®n ]Fees:
bo Grading Permit:
c. Development Maintenance Deposit:
do Storm Drainage Fee:
$ Per current fee schedule ($4,498000 ®r 6%)
$ Per current fee schedule ($2,618000 ®r 6%)
$ 1,000.00
$ 5,282.00 +/m
Resolution No. 58 DP -2015-03 February 11, 2016
e. Power Cost:
f. Map Checking Fees: $ Per current fee schedule (N/A)
g. Park Fees: $ Per current fee schedule (N/A)
h. Street Tree $348.00 per tree
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor & Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 100% of site improvements.
-The fees described above are imposed based upon the current fee schedule adopted by
the City Council. However, the fees imposed herein may be modified at the time of
recordation of a final map or issuance of a building permit in the event of said change or
changes, the fees changed at that time will reflect the then current fee schedule.
40. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality
Control Board as appropriate.
41. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre -
and post -development hydraulic calculations must be provided to indicate whether
additional storm water control measures are to be constructed or renovated. The storm
drain system may include, but is not limited to, subsurface storage of peak stormwater
flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators
to reduce the amount of runoff from the site and improve water quality. The storm
drain system shall be designed to detain water on-site (e.g., via buried pipes, retention
systems or other approved systems and improvements) as necessary to avoid an
increase of the ten percent flood water surface elevation to the satisfaction of the City
Engineer. 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.
42. 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
Resolution No. 53 DP -2015-03 February 11, 2016
developer shall reserve a minimum of 4% of developable surface area f®r the placement
®f i®w impact development measures, f®r storm water treatment, on the tentative map,
unless an alternative storm water treatment plana, that satisfies CO3 requirements, is
approved by the City ]Engineer.
The applicant must include the use and maintenance ®f site designs, source control and
storm water treatment Best Management ]practices (BMPs), which must be designed per
aper®ved numeric sizing criteria. A Storms Water Management Diana, Storms Water
.Facilities Easement Agreement, Storm Nater (Facilities Operation and Maintenance
Agreement, and certification ®f ongoing operations and maintenance ®f treatment BMPs
are each. required.
All storm water management plans are required t® obtain certification from a City
approved third party reviewer.
43. FULL TRASH[ CAPTURE SYSTEM
The applicant will be responsible for installing a full trash capture systema/device t®
capture trash from the onsite storms drain before the storms water rescues the City
owned storm drain systema. A full capture system or device is a single device or series
of devices that traps all particles retained by a 5 mm mesh screen and has a design
treatment capacity ®f not less than the peak flow rate Q resulting from a one-year, one-
hour storm in the sub -drainage area (see the Municipal Regional Permit section C.10 for
further information/requirements).
44. BEST MANAGEMENT PRACTICES
Utilize lest Management Practices (BMPs), as required by the State Nater ]resources
Control Board, f®r construction activity, which disturbs. soil. BMP plans shall be
included in grading and street improvement plans.
45. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water (resources Control Board (SWRCB),
the developer must obtain a Notice ®f Intent (NOII) from the SWRCB, which
encompasses preparation ®f a Storm Nater Pollution Prevention Ilan. (SWPPP), use ®f
construction Best Management Practices (BMPs) to control storm water runoff quality,
and BMP inspection and maintenance.
46. EROSION CONTROL PLAN
Developer must provide an approved erosion contr®l plan by a Registered Civil
(Engineer. This plan should include all erosion contr®l measures used to retain materials
on site. Erosion control notes shall be stated on the plans
Resolution No. 58 DP -2015-03 February 11, 2016
47. 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.
48. OPERATIONS & MAINTENANCE AGREEMENT
Applicant shall enter into an Operations & Maintenance Agreement with the City prior
to final occupancy, as needed. The Agreement shall include the operation and
maintenance for non-standard appurtenances in the public road right-of-way that may
include, but is not limited to, sidewalk, pavers, and street lights.
49. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
50. TRASH RECYCLING AND COMPOST RECEPTACLES
The applicant is required to install public bins (-30 gal) side-by-side for trash, recycling
and composting, adjacent to the development to control pedestrian litter at the site. The
type and location of the receptacles are subject to the approval of the Environmental
Programs Manager. (CMC 9.18.210 P)
51. TRASH RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed in accordance with the City's "Public Works
Guidelines for Non -Residential Building Trash & Recycling Enclosures" posted at
www.cupertino.org/nowaste, and to the satisfaction of the Environmental Programs
Manager. Modifications to existing facilities shall, to the maximum extent practicable,
meet the Public Works Guidelines and shall be subject to the approval of the Public
Works Director. Clearance by the Public Works Department is required prior to
obtaining a building permit. (CMC 9.18.210 H & K)
52. REFUSE TRUCK ACCESS
Applicant must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development and trash, recycling and compost
enclosures. Plans for access must be reviewed and approved by the City's franchised
refuse collector.
53. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the City
Engineer and shall be of a type approved by the City in accordance with Ordinance No.
125.
54. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
Resolution No. 53 DP -2015-03 February 11, 2016
55. SAN'T'A CLARA COUNTY ]FIRE DEPARTMENT
TM[]ENT
A letter ®f clearance f®r the project shall be obtained from the Santa Clara County ]Fire
Department prior t® issuance ®f building permits. Clearance should include written
approval ®f the locati®n ®f any proposed ]Fire Backflow Preventers, Fire Department
Connections and ]Fire Hydrants (typically Backflow Preventers should be located ®n
private property adjacent t® the public right of way, and fire department connections
must be located within 100` ®f a Fire Hydrant).
56. FIRE HYDRANT
]Fire ]hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
57. SAN JOSE WATER COMPANY CLEARANCE
Provide San Jose Water Company approval f®r water connection, service capability and
locati®n and layout of water lines and backflow preventers before issuance of a building
permit approval.
58. DEDICATION OF WATERLINES
Developer shall dedicate t® the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Nater Company for water
service t® the subject development.
59. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall ""quit claim" t® the City all rights to pump, take or otherwise extract
wafer fr®nn the underground basin or any underground strata in the Santa Clara Valley.
60. SANITARY DISTRICT
A letter ®f clearance f®r the project shall be obtained fr®m the Cupertino Sanitary
District prior t® issuance ®f building permits.
61. UTILITY EASEMENTS
Clearance approvals fr®m the agencies with easements ®n the property (including
PG&E, AT&T, and California Nater Company, and/®r equivalent agencies) will be
required prior t® issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA C LARA COUNTY FIRE
DEPARTMENT
TM[]ENT
62. FIRE DEPARTMENT TM[IENT REVIEW
Review ®f this development proposal is limited t® acceptability ®f site access and water
supply as they pertain to fire department operations, and shall not be construed as a
Resolution No. 58 DP -2015-03 February 11, 2016
substitute for formal plan review to determine compliance with adopted model codes.
Prior to performing any work, the applicant shall make application to, and receive from,
the Building Department, all applicable construction permits.
63. FIRE SPRINKLERS REQUIRED
Where 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 more restrictive. For the purpose of this section,
firewalls used to separate building areas shall be constructed in accordance with the
California Building Code and shall be without openings or penetrations. 1. In other than
residential buildings which require the installation of fire sprinklers for all new
buildings according to the California Residential Code, an automatic sprinkler system
shall be provided throughout all new buildings and structures. Exception: a. Buildings
and structures that do not exceed 1,000 square feet of building area and that are not
located in the Wild -Urban Interface Fire Area. B. Buildings and Structures that are
located in the Wild -Urban Interface Fire Area and do not exceed 500 square feet of
building area. NOTE: The owner(s), occupant(s), and any contractor(s) or
subcontractor(s) are responsible for consulting with the water purveyor of record in
order to determine if any modification or upgrade of the existing water service is
required. A State of California licensed (C-16) Fire Protection Contractor shall submit
plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work. Sections 903.2 as
adopted and amended by CUPMC.
64. WATER SUPPLY REQUIREMENTS
Potable water supplies shall be protected from contamination caused by fire protection
water supplies. It is the responsibility of the applicant and any contractors and
subcontractors to contact the water purveyor supplying the site of such project, and to
comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection system, and/or fire
suppression water supply systems or storage containers that may be physically
connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements
of the water purveyor of record are documented by that purveyor as having been met
by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
65. 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
Resolution No. 53 DP -2015-03 February 11, 2016
from the street or road fronting the property. These numbers shall contrast with their
background. Where required by the fire code official, address numbers shall be
provided in additional approved locations t® facilitate emergency response. Address
numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum
of 4 inches (101.6 mm) high with a minimum stroke width ®f a5 inch
66. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions ®f the CFC Chapter 33
and our Standard Detail and Specification SI -7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp.33a
SECTION VI: CONDITIONS ADMINIST ER ED BY THE CUP ERTINO SANITARY
DISTRICT
67. PROPERTY LINE CLEANOUT
Install new property line cleanout or locate and raise to grade an existing property line
cleanout. Property line cleanout must be within five feet of the property line. Cleanout
shall be the same diameter as the street portion of the service lateral. Gravity lateral is
4" diameter minimum.
68. IMPROVEMENT PLANS
®n -site and off-site improvement plans small be submitted t® the District for review and
comments.
69. FEES AND PERMITS
Cupertino Sanitary District fees and permits shall be required f®r the subject application
based on the proposed area and use modifications.
SECTION VII: CEQA REVIEW
This Development -Permit is categorically exempt from the California Environmental
Quality Act (CEQA) per secti®n 15303 (New Construction) ®f the C EQA Guidelines because
it applies t® a mixed residential and commercial building and site improvements n®t
exceeded 10,000 square feet.
Resolution No. 58 DP -2015-03
February 11, 2016
PASSED AND ADOPTED this 11th day of February, 2016 at a noticed Public Meeting of
the Administrative Hearing Officer of the City of Cupertino, State of California, held by the
Director of Community Development, or his or her designee, pursuant to Cupertino
Municipal Coda Section 19.12.120.
ATTEST: II I I APPROVED:
Gian Pa toI L
rtire Piu Ghosh
Assistant Pl nner Principal Planner