Reso 103ASA-2018-10
CITY OF- CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.103
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL PERMITTOR
BUILDING FAQADE IMPROVEMENTS AND, SITE MODIFICATIONS AT THE
MCCLELLAN SQUARE SHOPPING CENTER LOCATED AT 10385-10497 S. DE ANZA
BLVD (APN 359-17-019 and 359-17-023)
SECTION'I: PROTECT DESCRIPTION
Application No.: ASA-2018-10
Applicant: Victor DeMelo (Browman Development Company)
Location: 10385710497 S. De Anza Blvd (APN 359-17-019 and 359-17-023)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City of Cupertino received an application for an Architectural and Site
Approval to consider allowing building fagade improvements and site modifications;
and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at
least one public meeting in regard to the application; and
WHEREAS, the project is determined to be exempt from the California Environmental
Quality Act (CEQA); and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Administrative Hearing Officer finds as follows with regard to this
. application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
The proposal includes fagade modifications on the frontages of the multi -tenant building and
the two southeastern pad buildings, with no height changes. The project site is an established
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 2
shopping center in a commercial district. Therefore, the fagade modifications 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.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan
any specific plan, zoning ordinances, applicable planned development permit,
conditional use permits, variances, subdivision maps or other entitlements to use
which regulate the subject property including, but not limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
The scale of the buildings will be maintained with no changes to the height of the buildings.
The fagade modifications will maintain the same form of the existing structures with minor
architectural features that are proposed to enhance the pedestrian experience. Therefore,
there will be no abrupt changes in building scale related to height and bulk and no new
buildings are being proposed.
b) In order to preserve design harmony between new and existing building and in
order to preserve and enhance property values, the materials, textures and colors
of new building should harmonize with adjacent development by being consistent
or compatible with design and color schemes with the future character of the
neighborhoods and purposes of the zone in which they are situated. The location,
height and materials of walls, fencing, hedges and screen planting should
harmonize with adjacent development. Unsightly storage areas, utility
installations and unsightly elements of parking lots should be concealed. The
planting of ground cover or various types of pavements should be used to prevent
dust and erosion, and the unnecessary destruction of existing healthy trees should
be avoided. Lighting for development should be adequate to meet safety
requirements as specified by the engineering and building departments, and
provide shielding to prevent spill -over light to adjoining property owners.
The facade modifications are harmonious with the existing building forms and proposes
upgrades to the existing materials and colors and will not impact the future character of the
neighborhood. The two new trash enclosures are located in areas not visible from the public
right-of-way and designed to be compatible with the wood and steel aesthetic of the shopping
center's buildings. The proposed tree removals are due to poor health or poorly formed trees
that will benefit replacement and will improve the aesthetics of the site for its users.
Additional landscaping is being proposed to soften the edges of the development and to
enhance existing landscaping at the site. No new lighting sources that could impact adjacent
residential development is being proposed.
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 3
c) The number, location, color, size, height, lighting and landscaping of outdoor
advertising signs and structures have been designed to minimize traffic hazard,
positively affect the general appearance of the neighborhood and harmonize with
adjacent development.
The proposed. Master Sign Program does not propose signage that will be traffic hazards.
The signage requirements are consistent with the Sign Ordinance and previous Master Sign
Programs and only proposes clarification images and tables to enhance the readability of the
program and to include the fagade changes of the buildings.
d) With respect to new projects within existing residential neighborhoods, new
development should be designed to protect residents from noise, traffic, light and
visually intrusive effects by use of buffering, setbacks, landscaping, walls and
other appropriate design measures.
The proposed project is not a new development. The work proposed is to an existing
commercial center's facades and there are nochanges proposed along the rear elevation
adjoining the residential neighborhood to the south or the east.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staffs report and
presentation, and other evidence submitted in this matter, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 3 thereof,:
The application for a Architectural and Site Approval, Application no. ASA-2018-10 is
hereby approved and that the subconclusions upon which the findings and conditions
specified in this resolution are based and contained in the Public Meeting record
concerning Application no. ASA-2018-10 as set forth in the Minutes of the Administrative
Hearing Meeting of February 28, 2019 and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by Johnson Lyman Architects, Yamasaki
Landscape Architecture, and RSC Engineering, Inc. entitled "McClellan Square 10425
South De Anza Blvd Cupertino" consisting of forty-eight (48) sheets, 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
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 4
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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TR-2019-05 and SP-2018-02 shall be
applicable to this approval.
5. COVENANT DISCLOSURE
The property is under a Cupertino planned development zoning and property
purchasers should check with the City to determine the specific restrictions under the
Planned Development Zone and related permits.
6. INGRESS/EGRESS EASEMENT
The applicant shall obtain a reciprocal ingress/egress agreement from the adjacent
property owner/s of 10495 S. De Anza Blvd. (APN 359-17-023). The agreement shall
be approved by the City prior and recorded on the property as a covenant prior to
issuance of building permits.
7. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent
feasible, in accordance with the City's Recycling and Diversion of Construction and
Demolition Waste under Chapter 16.72 of the Cupertino Municipal Code. The
applicant shall provide evidence that materials were recycled prior to issuance of final
demolition permits.
8. STOREFRONT WINDOW DETAILS
The storefront windows shall be kept open and transparent to the greatest extent
possible. The final storefront design and window display shall be reviewed and
approved by the Director of Community Development prior to issuance of building
permits for tenant improvements.
9. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans. Final building exterior treatment plan (including but not
limited to details on exterior color, materials, architectural treatments, doors,
windows, lighting fixtures, and/or embellishments) shall be reviewed and approved
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 5
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.
10. GREENSCREENS AND ARTWORK
The applicant will be required to install green screens or art pieces along the southern
wall of 10465 S De Anza Blvd. and along the northern wall of 10495 S De Anza Blvd
as indicated on pages A2.3 and A2.4 of the approved exhibits.
Additional green screens are required and must be maintained on the eastern walls
of the major tenant spaces as indicated on page A2.1 of the approved exhibits.
11. ARTWORK REVIEW REQUIRED
All artwork to be installed within the project shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
12. BICYCLE PARKING
The applicant shall provide bicycle parking and bike racks for the proposed project in
accordance with the City's Parking Regulations under Chapter .19.124 of the
Cupertino Municipal Code.
13.OUTDOOR SEATING AREA LANDSCAPE DETAILS
The final landscape planter box, fencing, landscaping; and patio area design shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits. Additional landscaping/fencing, including, but not limited to,
planter boxes, may be required prior to building permit issuance.
14. SHOPPING CART MANAGEMENT PLAN
The final shopping cart corral location plan shall be evaluated by the Community
Development Department prior to building permit issuance.
Prior to issuance of final occupancy, the applicant shall submit a shopping cart
management plan, including, but not be limited to, an ongoing cart retrieval
program/contract, retrieval/complaint hotline, appropriate shopping cart return
locations, and other theft prevention measures as determined to be appropriate by the
Director of Community Development.
15. RESTAURANT ODOR ABATEMENT
All new restaurants shall install odor abatement systems to reduce odor impacts from
the restaurants to the adjacent community. The odor abatement systems shall be
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 6
installed prior to final occupancy of the associated restaurant(s). Detailed plans shall
be reviewed and approved by the Director of Community Development prior to
issuance of building permits.
16. FINAL LIGHTING VERIFICATION
A lighting consultant shall conduct a photometric study to confirm that building and
site lighting fixtures have been installed according to plan and in conformance with
the City's General Commercial and Parking Ordinance lighting standards.
17. LIGHTING INTENSITY ADTUSTMENT
The City reserves the right to require the applicant to utilize dimming technology to
adjust the lighting intensity of all lighting fixtures when deemed necessary.
18. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall
be consulted before any trenching or root cutting beneath the dripline of the
tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a
four -inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. The City's consulting arborist shall inspect the
trees to be retained and shall provide reviews prior to issuance of demolition, grading
or building permits. A report ascertaining the good health of the trees mentioned
above shall be provided prior to issuance of final occupancy.
19. 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
Resolution No.103 ASA-2018-10 February 28, 2019
Page 7
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, S, 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.
20. SOIL MANAGEMENT AND ANALYSIS REPORT
A soils analysis report, per section 14.15:080, documenting the various characteristics
of the soil (e.g. texture, infiltration rate, pH, soluble salt content, percent organic
matter, etc.) and providing recommendations for amendments as appropriate to
optimize the productivity and water efficiency of the soil shall be prepared.
The soil analysis report shall be made available to the professionals preparing the
landscape and irrigation design plans in a timely manner either before or during the
design process. A copy of the soils analysis report shall be submitted to the Director
of Community Development as part of the landscape documentation package.
21. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), 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.
22. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). 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.
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 8
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."
23. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a) All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b) Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c) Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in 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.
24. 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 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.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least 2 feet of freeboard;
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 9
c) Pave, apply water at least three times daily, or apply (non -toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction sites.
d) 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.
25. NOISE CONTROL
Noise levels are not to exceed thoselisted in Chapter 10.48: Community Noise Control
of the Cupertino Municipal Code, unless approved by special exception by the Noise
Control Officer. The applicant may have to conduct future tests to verify they are
complying with the ordinance at the request of the Community Development Director.
26. 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 utility
structures [including, but not limited to backflow preventers (BFP), fire department
connections (FDC), post -indicator valves (PINT), and gas meters] to the satisfaction of
the Director of Community Development, Public Works, Fire Department, and
applicable utility agencies.
27. TRANSFORMERS
New 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.
28. SCREENING
All mechanical and other equipment on the building or on the site shall be screened
so they are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits.
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 10
29. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
30. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
31. INDEMNIFICATION
Except as otherwise prohibited by law, 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 attorneys' 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 by City.
32. NOTICE OF FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
33. STREET IMPROVEMENTS & DEDICATION
Provide a roadway easement dedication and frontage improvements along the project
to the satisfaction of the Director of Public Works. Street improvements may include,
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 11
but not be limited to, new sidewalk, driveways, curb and gutter, and street tree
installation.
Provide a 10' wide temporary construction easement along McClellan Road and
around the intersection. The City intends to widen a portion of McClellan Road for a
future bicycle improvement project which may require modifications to on -site
landscaping, irrigation, storm drain systems, and driveway conforms.
The existing 12" SD line will be within the future roadway easement area along S. De
Anza Blvd. City will issue a revocable encroachment permit to allow the storm line
to remain in place.
34. 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.
35. DRAINAGE
Any on -site drainage modifications shall be provided to the satisfaction of the
Director of Public Works.
All storm drain inlets shall be clearly marked with the words "No Dumping — Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
36. IMPROVEMENT AGREEMENT
The project developer shall enter into a development 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 under grounding
of utilities. Said agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
b. Storm Drainage Fee:
c. Street Tree
Bonds:
Per current fee schedule ($7,105)
Per current fee schedule ($9,471 per AC)
By Developer
- 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.
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 12
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.
37. 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 obtaining a building permit. (CMC 9.18.210 H & K)
Applicant shall enter into an agreement with the City that indemnifies and holds
harmless both the City and the refuse and recycling collection company (Recology)
from and against any harm, damage or maintenance that may occur or become
necessary to onsite paving stone driveway surfaces.
38.OPERATIONS & MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to final occupancy. 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.
39. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
40. 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.
41. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 13
42. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan to be approved by the City. The plan
shall include a temporary traffic control plan for work in the right of way as well as a
routing plan for all vehicles used during construction. All traffic control signs must
be reviewed and approved by the City prior to commencement of work. The City has
adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for all
signage and striping work throughout the City.
43. 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.
44. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City,,
45. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections land Fire Hydrants (typically Backflow Preventers should be located on
private property adjacent to the public right of way, and fire department connections
must be located within 100" of a Fire Hydrant).
46. CALIFORNIA WATER SERVICE COMPANY CLEARANCE
Provide California Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
47. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim' to the City all rights to pump, take or otherwise extract
water from the underground basinor any underground strata in the Santa Clara
Valley.
48. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
49. STORM DRAIN INLET MARKERS
All exterior storm drain inlets on the property shall be clearly marked with "No
Dumping Flows to Creek" or "No Dumping Flows to Bay" markers.
Resolution No. 103 ASA-2018-10 February 28, 2019
Page 14
50. FULL TRASH CAPTURE SYSTEM
The developer will be responsible for installing a full trash capture system/device to
capture trash from the onsite storm drain before the storm water reaches the City
owned storm drain system. 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 of not less than the peak flow rate Q resulting from a one-year,
one -hour storm in the sub -drainage area (see Municipal Regional Permit section C.10
for further information/requirements). A Maintenance Agreement and certification of
ongoing operation and maintenance of the devices in accordance with the
manufacturer's recommended specifications is required.
51. WASTE AND DELIVERIES MANAGEMENT PLAN
A detailed refuse and truck delivery plan shall be prepared by the applicant. The plan
shall specify locations of trash facilities, refuse, recycling and organics (food scraps
and paper) pick up frequency and truck access. All trash facilities must be screened
and enclosed to the satisfaction of the Public Works Department and Environmental
Programs Manager. One set of three (3) permanent public waste bins shall be installed
in the outdoor seating area and labeled "trash", "recycling", and "food scraps". The
public bins will be maintained by the businesses as specified in CMC 9.18.210 (P) and
9.18.215. The final Waste Management Plan shall be submitted to the City for review
and approval prior to issuance of building permits.
52. REFUSE TRUCK ACCESS
Developer 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.
SECTION V: CONDITIONS ADMINISTERED BY THE BUILDING DEPT.
53. ACCESSIBLE STALLS AND PATH OF TRAVEL
Provide an accessible path -of -travel to the trash enclosure; and provide an accessible
path -of -travel from the public right-of-way and accessible parking spaces to the
building entrances per 2016 California Building Code.
SECTION VI: CONDITIONS ADMINISTERED BY SANTA CLARA COUNTY FIRE
DEPT.
54. FIRE APPARATUS ACCESS LANES & FIRE HYDRANTS
Property owner will be required to indicate on the plans:
a. All fire apparatus access lanes, their dimensions and turning raddi. All fire
lanes shall be marked and maintained in accordance with Santa Clara
Resolution No.103 ASA-2018-10 February 28, 2019
Page 15
County Fire Department Standard Details and Specifications #A-6.
Dimensions and radii shown (Sheets C3.0 and C3.1) to conform with SCCFD A-
6.
b. The dimensions of the new trash enclosure and that it will not encroach into
a fire apparatus access lane. Trash enclosures to be sprinkled — sheets C3.0 and
C3.1, Key Note 22. Concrete pad to be flush with asphalt surface, no obstruction
issues noted — Sheet C3.0, Key Notes 28 and 29.
c. A detail of the area along the storefronts to include the proposed planter
boxes and their relationship to any fire apparatus access lanes. Dimensions
and Key Note 30 on Sheets C3.0 and C3.1 indicate a 20' wide fire lane will be
maintained and marked to conform with SCCFD A-6.
d. All fire hydrant locations. Hydrant locations noted on Intterra appear to
coorespond appropriately with fire access roadways. Field verify no obstructions
exist.
PASSED AND ADOPTED this 28th day of February, 2019 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 Code Section 19.12.120.
ATTEST. APPROVED:
Ellen Yalu Benjamin Fu
Associate Wanner Acting Director of Community Development