CC Resolution No. 20-106 Approving Development Permit, Density Bonus, Parking Reduction, Waivers, Below Market Rate Housing Dispersion, Mixed-Use Development, Licensed Assisted Living Memory Care Residences, 21267 Stevens Creek Boulevard
RESOLUTION NO. 20‐106
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A DEVELOPMENT PERMIT TO CONSTRUCT A MIXED‐USED
DEVELOPMENT CONSISTING OF 267 HOUSING UNITS (88
ROWHOUSES/TOWNHOUSES, 179 SENIOR APARTMENTS OF WHICH 48 ARE
SENIOR AFFORDABLE APARTMENTS), 27 MEMORY CARE LICENSED
ASSISTED LIVING RESIDENCES (“MEMORY CARE RESIDENCES”), AND 20,000
SQUARE FEET OF COMMERCIAL SPACE; DENSITY BONUS; DENSITY BONUS
PARKING REDUCTION; DENSITY BONUS WAIVERS FOR HEIGHT, BUILDING
PLANE, AND BELOW MARKET RATE HOUSING DISPERSION; AND AN
INCENTIVE/CONCESSION FOR THE CONSOLIDATION OF BMR HOUSING
UNITS IN A SINGLE SENIOR BUILDING. LOCATED AT 21267 STEVENS CREEK
BOULEVARD (APN: 326‐27‐042, ‐043)
SECTION I: PROJECT DESCRIPTION
Application No.: DP‐2018‐05
Applicant: KT Urban (Mark Tersini)
Property Owner: 190 West St. James, LLC
Location: 21267 Stevens Creek Blvd. (APN #326‐27‐042, ‐043)
SECTION II: FINDINGS FOR DEVELOPMENT PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit
(including a density bonus and associated parking reduction and waivers) as described
in Section I of this resolution; and
WHEREAS, the Westport Cupertino Mixed‐Use Project (“Project”), including the
Development Permit, is fully described and analyzed in the Final Environmental Impact
Report (State Clearinghouse No. 2019070377) (“EIR” or “Final EIR”) for the Project; and
WHEREAS, the City of Cupertino’s Environmental Review Committee at its April 16,
2020 meeting reviewed the Final EIR consisting of the April 7, 2020 Public Review Draft
EIR and Response to Comments, received public comments, and voted 5‐0 to recommend
that the City Council certify the EIR for the project; and
WHEREAS, based on substantial evidence in the record, on May 12, 2020, the Planning
Commission recommended on a 5‐0 vote that the City Council certify that the EIR has
been completed in compliance with the California Environmental Quality Act, Public
Resources Code Section 21000 et seq. (“CEQA”) and reflects the independent judgment
Resolution No. 20‐106
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and analysis of the City, adopt Findings, adopt and require as conditions of approval all
of the mitigation measures for the Project which are within the responsibility and
jurisdiction of the City that are identified in the EIR, and adopt the Mitigation Monitoring
and Reporting Program for the Project (EA‐2018‐04); and
WHEREAS, on May 12, 2020 the Planning Commission recommended on a 5‐0 vote that
the City Council approve the Vesting Tentative Map (TM‐2018‐03), in substantially
similar form to the Resolution presented (Resolution No. 6904), approve the
Development Permit (DP‐2018‐05) in substantially similar form to the Resolution
presented (Resolution No. 6901), approve the Architectural and Site Approval Permit
(ASA‐2018‐05) in substantially similar form to the Resolution presented(Resolution No.
6902), approve the Use Permit (U‐2019‐03) in substantially similar form to the Resolution
presented (Resolution No. 6903), approve the Tree Removal Permit (TR‐2018‐22) in
substantially similar form to the Resolution presented (Resolution No. 6906), approve the
Heart of the City Exception (EXC‐2019‐03) in substantially similar form to the Resolution
presented (Resolution No. 6905) for the Senior Enhanced Alternative; and
WHEREAS, on June 4, 2020, as updated on June 25 and 26, 2020, the applicant submitted
and requested the City to consider revisions to the Project (“Revised Senior Enhanced
Project”) that include relocating nine Below Market Rate units from Building 1 to an
additional top story on Building 2, altering the unit mix in Buildings 1 and 2 to provide
additional space for terraces on the tops of those buildings, and changing the unit mix in
Building 2 to include two‐bedroom units in addition to studios and one‐bedrooms; and
WHEREAS, because these revisions in the Project affect building height and dispersion
of BMR units, the Revised Senior Enhanced Project was reviewed by the Planning
Commission on July 14, 2020 for recommendation to the City Council; and
WHEREAS, on July 14, 2020, the Planning Commission recommended on a 3‐2 vote that
the City Council deny the project in accordance with Resolution No. 6908; and
WHEREAS, on July 31, 2020, the applicant submitted a request for an
incentive/concession to consolidate all 48 of the senior BMR units in Building 2; and
WHEREAS, all necessary public notices having been given as required by the Procedural
Ordinance of the City of Cupertino and the Government Code, and the Planning
Commission held at least one public hearing in regard to this application, and on August
18, 2020, the City Council held a public hearing to consider the Development Permit; and
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for
this Resolution; and
WHEREAS, on August 18, 2020, after consideration of substantial evidence contained in
the entire administrative record, and prior to consideration of the Development Permit,
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the City Council adopted Resolution No. 20‐105 certifying the EIR, adopting Findings,
adopting and requiring as conditions of approval all of the mitigation measures for the
Project which are within the responsibility and jurisdiction of the City that are identified
in the EIR, and adopting the Mitigation Monitoring and Reporting Program for the
Project; and
WHEREAS, the applicant has met the burden of proof required to support the application
for a Development Permit.
WHEREAS, the City Council finds as follows with regard to this application:
1. The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
With the conditions of approval and the approved density bonus, parking reduction, waivers,
and incentive/concession, the project is consistent with the General Plan and Zoning
Ordinance and has been designed to be compatible with and respectful of adjoining land uses.
Additionally, all mitigation measures that are within the responsibility and jurisdiction of the
City have been adopted and will be made conditions of approval in order to mitigate potential
impacts to a less than significant level. Therefore, the project will not be detrimental or
injurious to properties or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare, or convenience.
2. The proposed development will be located and conducted in a manner in accord with
the Cupertino Comprehensive General Plan and the purpose of the City’s zoning
ordinances.
The General Plan land use designation for the property is Commercial/Residential. The
proposed use is consistent with the General Plan. The subject property is zoned as Planned
General Commercial/Residential with a further designation as a Priority Housing Element
Site. Projects that propose a density above the allocation provided in the Housing Element are
required to obtain a Conditional Use Permit (CUP), which the project is seeking and subject
to approval, see Condition of Approval (COA) #3 in Section III. With the conditions of
approval and the granting of the requested exception, the proposed development has met the
applicable development standards of the Heart of the City Specific Plan and qualifies for a
density bonus, density bonus parking reduction, and certain density bonus waivers and
incentives/concessions for certain general plan and zoning development standards as
permitted in the City of Cupertino’s Municipal Code Chapter 19.56 Density Bonus.
Therefore, the proposed development is consistent with the purpose of the City’s zoning
ordinance.
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3. The remaining sites identified in the Housing Element are adequate to meet the
requirements of Section 65583.2 and to accommodate the Cityʹs share of the regional
housing need. (Findings required by Government Code Section 65863(b)(2).)
The remaining sites in the housing element inventory are adequate to meet the requirements
of Section 65583.2 and to accommodate the City’s share of the regional lower income housing
need. The proposed project does not reduce the density of the site below what was projected in
the City’s housing element; the housing element shows a site capacity of 200 units, whereas
267 units are proposed. However, the proposed project includes only 48 lower income units,
whereas the site was projected to contain 200 lower income units. Nonetheless, the remaining
sites in the inventory are adequate to accommodate the City’s share of the regional lower
income housing need, in that 1,2421 lower income units have been approved by the City at the
remaining housing element sites (Vallco Shopping District, Marina Plaza, the Hamptons, and
the Barry Swenson site), well in excess of the 563 units that must be accommodated to meet
the City’s share of the regional lower income housing need. The City has approved a total of
3,2092 units on these four sites, also well in excess of the City’s allocation of 1,064 units to
meet its total share of the regional housing need.
4. The applicant has requested a density bonus. Pursuant to Cupertino Municipal Code
Section 19.56.070, before approving an application that includes a request for density
bonus, incentive, parking reduction and/or waiver, the decision‐making body shall
make the following findings, as applicable:
a) A finding that the residential project is eligible for the density bonus and any
incentives, parking reductions or waivers requested.
The application is a for a density bonus project that provides for approximately 20% of
its base density as Below Market Rate Housing. Because 12% of the units on‐site will
be limited to Very Low Income seniors, the project is eligible for a 35% density bonus,
parking reduction, waivers, and up to two (2) incentives/concessions. The site is
eligible for a density bonus parking reduction under Government Code section
65915(p)(2) and Municipal Code Section 19.56.040(C) (0.5 space per bedroom), in that
it includes the maximum number of very low income units and is located within one‐
half mile of a major transit stop, with unobstructed access, as described in the staff
report and Final EIR.
1 Consisting of the following lower income units in approved projects: Vallco Shopping District, 1,201 units;
Veranda affordable housing (Barry Swenson site), 18 units; Marina Plaza, 16 units; Hamptons, 7 units net.
2 Consisting of the following total units in approved projects: Vallco Shopping District, 2,402 units; Veranda (Barry
Swenson site), 19 units; Marina Plaza, 188 units; Hamptons, 600 net new units.
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b) A finding that the requested incentive(s) or concession(s) will result in
identifiable and actual cost reductions based upon the documentation
provided by the applicant and the findings of the peer reviewer, if incentive(s)
or concession(s) are requested (other than mixed use development).
The applicant has requested as a concession that all senior BMR units be consolidated
in Building 2, rather than dispersed between Building 1 and Building 2. The City
proposes to expand this concession to allow the applicant to consolidate all BMR units
in Building 2, rather than dispersing them throughout Building 1 and the
Townhouse/Rowhouse portion. The expanded concession would result in actual cost
reductions to the project. First, the age restricted Buildings 1 and 2 are required to be
constructed using different methods and materials. As a state‐licensed assisted living
facility, Building 1 would be required to be built as a Type I building per the State of
California due to the nature of the proposed residents. Building 2 is under no such
restriction, however, and can be constructed as a Type IIIA Sprinklered SM building
for the top five levels and Type IA Sprinklered SM for the ground floor and connected
parking garage to Building 1 (Type IA). Therefore, the total cost savings by
consolidating the BMR units in Building 2 would be approximately $200,000 per BMR
unit in construction costs. Second, there is a substantial on‐going operating cost to
provide the services associated with a state‐licensed assisted living facility. These costs
far exceed the BMR housing allowance for rent and utilities and represent substantial
cost savings if the units were relocated to Building 2 as senior independent living units.
Third, a significant source of funding for affordable housing, which is from the sale of
tax credits, would not be available for the nine BMR units if they were developed in
Building 1 as state‐licensed assisted living units. Higher total financing cost plus the
additional time and cost of delay would be incurred to fill this gap. These costs are saved
by consolidating the BMR units in Building 2 as senior independent living units.
Fourth, providing BMR townhouse/rowhouse units would be more expensive than
providing senior BMR units in Building 1 for a number of reasons, including that the
townhouse/rowhouse units are proposed to be much larger than the senior units in
Building 1 and the applicant would have easier access to affordable financing if all
BMR units are consolidated in a single building.
c) If the density bonus is based all or in part on donation of land, a finding that
all requirements included Section 19.56.030C have been met.
The density bonus is not based on the donation of land, so the finding is not applicable.
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d) If the density bonus is based all or in part on the inclusion of a childcare facility,
a finding that all requirements included in Section 19.56.030 (D) have been met.
The density bonus is not based on the inclusion of a childcare facility, so the finding is
not applicable.
e) If the density bonus or incentive is based on a condominium conversion, a
finding that all the requirements included in Section 19.56.030 (E) have been
met.
The density bonus is not based on a condominium conversion, so the finding is not
applicable.
f) If the incentive includes mixed‐use development, a finding that all
requirements included in Section 19.56.40 (B) (2) have been met.
While the project is a mixed‐use development, the density bonus is not based on the
mixed‐used development as an incentive, so the finding is not applicable.
g) If a waiver is requested, a finding that that the development standards for
which the waivers are requested would have the effect of physically precluding
the construction of the housing development with the density bonus and
incentives or concessions permitted.
BMR Unit Dispersion Waiver: The project applicant requested a waiver of the
requirement that ʺ[t]he BMR units shall be dispersed throughout the residential
project,ʺ (CMC § 19.56.050.G 1 and BMR Mitigation Manual Section 2.3.4(D)),
insofar as it would have required BMR units to be dispersed in the
Townhouse/Rowhouse component of the project. However, this waiver is not justified.
There is no evidence that this requirement—which requires dispersion of BMR units,
but does not require the BMR units to be senior BMR units—would “physically
preclude” the project. Rather, enforcing this requirement would simply require the
applicant to convert some of the existing townhouses/rowhouses from market rate units
to BMR units. While that conversion may have financial impacts, those financial
impacts are not a basis for granting a waiver under State Density Bonus Law. No
change is required in the physical design of the project to disperse the BMR units. The
City has proposed an expanded concession that would allow the applicant to consolidate
all BMR units in Building 2, rather than dispersing them in the Townhouse/Rowhouse
portion of the Project.
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Height and Slope Setback Waivers: According to analysis prepared by the
architectural firm RRM, applying the height and slope setback limitations would
physically preclude the project by: (a) decreasing the amount of proposed open space
and landscaped areas below what is otherwise required by the City; (b) reducing the
average size of senior units; (c) reducing commercial ceiling heights; (d) decreasing
above‐ground parking and increasing underground parking. Therefore, the
development standards for the slope line setback and height would physically preclude
the development.
While the evidence in the record supports these waivers, there is also evidence
suggesting these waivers could have been supported as concessions, and City Council’s
preference would have been to approve these modifications as concessions.
h) If a reduction in off‐street parking standards for an eligible housing
development is requested, a finding that all the applicable requirements in
Section 19.56.040.C have been met. (The project is eligible to provide 0.5 space
per bedroom, which requires at least 11% very low income or 20% low income
units; within one‐half mile of a Major Transit Stop; and unobstructed Access to
the Major Transit Stop.)
The project proposes that 12% of the units on‐site will be limited to Very Low Income
seniors; it is within ½ mile of a Major Transit Stop at the intersection of N. Stelling
Road and Stevens Creek Boulevard, defined, as relevant for this project, as the
intersection of two or more major bus routes with a frequency of service interval of 15
minutes or less during the morning and afternoon peak commute periods; and residents
will have unobstructed access to this major transit stop because they will be able to
access it without encountering natural or constructed impediments. At a ratio of 0.5
spaces per bedroom, 243 spaces could be provided for the residences, but the project
proponent has elected to provide 320 spaces.
5. Since the applicable findings required above can be made, the decision‐making body
may deny an application for a waiver only if one of the following written findings as
applicable to each type of application, supported by substantial evidence:
a) That the incentive or concession, or waiver would have an adverse impact on
real property listed in the California Register of Historic Resources; or
There are no affected Historic Resources in the vicinity.
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b) That the incentive or concession, or waiver would have a specific, adverse
impact upon public health or safety or the physical environment, and there is
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact without rendering the residential project unaffordable to low‐ and
moderate‐income households. For the purpose of this subsection, ʺspecific,
adverse impactʺ means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the
application for the residential project was deemed complete; or
As evidenced by the findings and conclusions of the Environmental Impact Report,
there exists no significant, quantifiable, direct, and unavoidable impacts, based on
objective, identified, written public health or safety standards, policies, or conditions as
they existed on the date that the application for the residential Project was deemed
complete.
c) That the incentive or concession, or waiver is contrary to state or federal law.
The requested waivers are not contrary to state or federal law.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter and the EIR and the Mitigation Monitoring and Reporting
Program for the Project (EA‐2018‐04), 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 application for a Development Permit, Application No. DP‐2018‐05, is hereby
approved, and that the conclusions upon which the findings and conditions specified in
this Resolution are based are contained in the Public Hearing record concerning
Application no. DP‐2018‐05 as set forth in the Minutes of the City Council Meeting of
August 18, 2020, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT.
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1. APPROVED EXHIBITS
Approval is based on the plan set dated June 4, 2020, as updated June 25, 2020,
consisting of 39 sheets labeled as Westport Cupertino, G200 – G213, A001‐A222,
VTM‐1‐VTM‐6, and L100‐L300, drawn by C2K, and Kimley Horn except as may
be amended by conditions in this resolution.
2. ACCURACY OF PROJECT 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, including any misrepresentation
related to the note on the Vesting Tentative Map that the Townhouse/Rowhouse
units will be for‐sale.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. TR‐2018‐22, EXC‐2019‐03, TM‐2018‐
03, ASA‐2018‐05, U‐2019‐03 and EA‐2018‐04 shall be applicable to this approval.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
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.
6. DEVELOPMENT ALLOCATION
The applicant shall receive an allocation of 237 of the residential unit allocations
for the Heart of the City Special Area. By requesting only one concession prior to
City Council approval of these first development permits, the applicant has
waived any future claim to a second concession.
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7. 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.
8. BMR UNIT DESIGN REQUIREMENTS
The Applicant shall detail how the following requirements shall be met prior to
building permit issuance:
a) Senior BMR units shall be comparable to senior market‐rate units in terms of unit
type, number of bedrooms per unit, quality of exterior appearance and overall
quality of construction.
b) Senior BMR unit size should generally representative of the unit sizes within the
senior market‐rate portion of the residential project.
c) Interior features and finishes in the affordable units shall be durable, of good
quality and consistent with the contemporary standards of new housing.
9. BMR AGREEMENT
Prior to the recordation of a final map or issuance of any building permit, an
affordable housing agreement shall be recorded against the property. The
affordable housing agreement shall include, but not be limited to the following:
a) Total number of BMR units, type, location (site map), square footage, number of
bedrooms, and construction scheduling of market‐rate and BMR units;
b) Provisions to ensure concurrent construction and completion of BMR units and
market‐rate units;
c) Affordability levels for each BMR unit;
d) Provisions for income certification and screening of potential occupants of BMR
units;
e) Restriction control mechanisms;
f) Financing of ongoing administrative and monitoring costs;
g) Other reasonably required provisions to implement the Affordable Housing Plan.
10. BMR UNIT TERMS OF AFFORDABILITY:
Prior to occupancy, the proposed project shall record covenants that require 36 of
the senior BMR units to be occupied at rents that are affordable to very low or low‐
income households at a ratio of 60% very low‐income (22 units) to 40% low‐income
(14 units) for a period not less than 99 years from the date of first occupancy of the
unit pursuant to CMC Section 19.56.050.B and the City’s Below Market Rate
Housing Program. Also prior to occupancy, for the remaining 12 senior BMR units,
the proposed project shall record covenants that require the units to be occupied
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at rents that are affordable to very low or low‐income households at a ratio of 60%
very low‐income (7 units) to 40% low‐income (5 units) for a period of not less than
55 years from the date of first occupancy of the unit pursuant to CMC Section
19.56.050.A.
Pursuant to Government Code Section 66020(d)(1), this Condition 10 constitutes
written notice of a description of any exactions imposed by this Condition. You
are hereby further notified that the 90‐day approval period in which you may
protest any exactions imposed by this Condition, 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 any exactions imposed by this Condition.
11. CONCURRENT DEVELOPMENT OF BMR AND MARKET‐RATE HOUSING
a. The senior BMR units shall be constructed concurrently with the
Rowhouse/Townhouse Units. “Concurrent construction,” shall mean the
following:
i. All senior BMR units must have received a certificate of
occupancy or final inspection or the Project shall have reached the
Affordable Senior Housing Milestone before the City will issue a
certificate of occupancy or undertake final inspections of the sixty‐sixth
(66th) Rowhouse/Townhouse Units. The ʺAffordable Senior Housing
Milestoneʺ means the time at which the following conditions (a) plus (b)
have occurred, or condition (c) has occurred: (a) Developer has
transferred the parcel on which the senior BMR housing will be
constructed to an affordable housing developer or its affiliate; (b) the
affordable housing developer has closed on its construction financing;
(c) the Developer has provided evidence of a completion guaranty
(which may be a performance bond) to the City, in a form and amount
reasonably acceptable to the City.
ii. City will not issue a certificate of occupancy or undertake final
inspections for the senior BMR units until it has issued a certificate of
occupancy or completed final inspections for ten (10)
Rowhouse/Townhouse Units.
12. PUBLIC ART REQUIREMENT
Public art shall be provided for the project in accordance with General Plan Policy
2‐66 and the City’s Public Art Ordinance (Chapter 19.148 of the Cupertino
Municipal Code). The minimum expenditure for the artwork, including, but not
limited to design, fabrication, and installation is one (1) percent of the construction
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valuation for the first $100 million on construction valuation, or 0.9% of
construction valuation for valuation in excess of $100 million. The project pro
forma shall be provided to the City to confirm the project budget. The public art
plans (including location and design) shall be reviewed by the Fine Arts
Commission during the building permit stage, in advance of final occupancy.
Once approved by the Fine Arts Commission, the public artwork shall be installed
to the satisfaction of the City prior to final occupancy. In the event the developer
or property owner determines that the placement of artwork on a particular
property may not be feasible, the developer or property owner may apply to the
Fine Arts Commission for an in‐lieu payment alternative as indicated in Chapter
19.148 of the Cupertino Municipal Code. The in lieu payment shall be 1.25% of the
construction valuation.
13. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum
extent feasible subject to the Building Official. The applicant shall provide
evidence that materials were recycled prior to occupancy.
14. PRE‐CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT
PLAN
A demolition and construction management plan shall be submitted and reviewed
prior to building permit issuance. Prior to commencement of construction
activities, the applicant shall arrange for a pre‐construction meeting with the
pertinent departments (Building, Planning, and Public Works) to review the
prepared construction management plan, to ensure that construction complies
with the conditions of approval, staging of construction equipment is appropriate,
tree protection measures are in place, public access routes are identified, and noise
and dust control measures are established. The plan shall include but not be
limited to the following:
a. Compliance with CEQA Mitigation Measures
b. Appropriate construction staging area
c. Hours of construction
d. Compliance with the City noise ordinance
e. Best management practices
f. Staging of construction equipment shall not occur within ___ feet of any
residential property.
g. Any other measures as determined to be appropriate by the Director of
Community Development
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15. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
The applicant shall indicate compliance with the following grading and
construction hours and noise limit requirements on all demolition, construction
and grading permits, and in the construction management plan(s), unless
otherwise indicated.
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during nighttime period as defined in Section 10.48.053(b) of the
Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
16. GREEN BUILDING
The project shall be constructed in accordance with the City’s Green Building
Ordinance (Chapter 16.58 of the Cupertino Municipal Code). The applicant shall
obtain LEED Silver certification or an alternative reference standard in accordance
with the ordinance since the building size is over 50,000 square feet. Third party
LEED certification or alternative reference standard is required per the ordinance
criteria.
17. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
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allow the Building Official and the Fire Marshall or their designee that the
proposed plans comply with Building and Fire Codes in effect at the time of
application for a building permit.
18. HOMEOWNERS’ ASSOCIATION
The Homeowners Association documents shall be approved by the Director of
Community Development and the City Attorney prior to recordation. A Home
Owner’s Association shall be formed to maintain the common areas of the
property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed
and approved by the City Attorney prior to recordation. The following terms shall
be incorporated in to the Association’s Conditions, Covenants and Restrictions:
The members/board shall meet at a minimum of once/year
The Association dues shall cover:
o Maintenance of common area on the property including
hardscaping, parking areas, landscaping and accessory items,
such as trash bins/areas, tree grates, outside trash bins, fences,
etc.
o Site repair on a regular schedule, or as otherwise necessary, and
hardscape/landscape renovation and replacement as necessary.
Any changes to the CC&R’s must be reviewed and approved by the City
Disbanding of the Association shall require an amendment to the
Development Permit.
19. TRASH AND DELIVERY ACTIVITIES
A detailed refuse and truck delivery plan shall be prepared by the applicant. The
plan shall specify locations of trash facilities, refuse pick up schedules and truck
delivery schedules and routes. All trash facilities must be screened and enclosed
to the satisfaction of the Public Works Department. The final plan shall be
submitted to the City for review and approval prior to issuance of building
permits.
20. 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 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
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either require a modification to this permit or a new permit based on the extent of
the change.
21. SITE LIGHTING
All new lighting must conform to the standards in the Parking Regulations
Ordinance, and the final lighting plan (including a detailed photometric plan) shall
be reviewed and approved by the Director of Community Development prior to
building permit issuance. A report from a licensed lighting engineer may be
required to confirm all exterior lighting throughout the site complies with the
City’s Ordinance.
22. ROOFTOP EQUIPMENT 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. 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.
23. 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 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.
24. SIGN PROGRAM
A sign program is required for this project. The sign program shall be approved
by the Director of Community Development prior to issuance of sign permits.
25. SITE IMPROVEMENTS
All proposed site improvements shall be completed prior to final occupancy of any
structures approved in conjunction with the project.
26. NOISE LEVELS AND ABATEMENT
Project use shall comply with the City’s Community Noise Control Ordinance at
all times. Should the project exceed any of the stipulated maximum noise levels
outlined in the City’s Community Noise Control Ordinance, an acoustical
Resolution No. 20‐106
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engineer may be required to submit noise attenuation measures to the satisfaction
of the Director of Community Development at the applicant’s expense.
27. ONGOING OBLIGATIONS
The applicant shall be responsible to implement the ongoing obligation as
described in the Environmental Impact Report.
28. INDEMNIFICATION
To the fullest extent permitted by law, the applicant shall agree to indemnify,
defend with the attorneys of the City’s choice, and hold harmless the City, its City
Council, and its officers, employees, and agents (collectively, the “indemnified
parties”) from and against any liability, claim, action, cause of action, suit,
damages, judgment, lien, levy, or proceeding (collectively referred to as
“proceeding”) brought by a third party against one or more of the indemnified
parties or one or more of the indemnified parties and the applicant related to any
Ordinance, Resolution, or action approving the project, the related entitlements,
environmental review documents, finding or determinations, or any other permit
or approval authorized for the project. The indemnification shall include but not
be limited to damages, fees, and costs awarded against the City, if any, and cost of
suit, attorneys’ fees, and other costs, liabilities, and expenses incurred in
connection with such proceeding whether incurred by the Applicant, the City, or
the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel and shall
include City Attorney time and overhead costs and other City staff overhead costs
and any costs directly related to the litigation reasonably incurred by City. The
applicant shall likewise agree to indemnify, defend, and hold harmless the
indemnified parties from and against any damages, attorneys’ fees, or costs
awards, including attorneys’ fees awarded under Code of Civil Procedure section
1021.5, assessed or awarded against the indemnified parties. The Applicant shall
cooperate with the City to enter a Reimbursement Agreement to govern any such
reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
Resolution No. 20‐106
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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.
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
1. STREET IMPROVEMENTS & DEDICATION
Provide street dedication in fee title and frontage improvements along the project
frontage to the satisfaction of the Director of Public Works. The street improvement
plans must be submitted and approved prior to the Final Map approval.
Street improvements may include, but are not limited to, sidewalk, curb & gutter,
ADA ramps, city standard driveways, storm drain and sanitary sewer system, street
tree installations, street lights (new and/or relocate), bus stop, concrete bus pad, bus
shelter and other related bus improvements, upgrade the existing pedestrian warning
device at the mid‐block crossing on Mary Avenue to rectangular rapid flashing
beacons (RRFB), pavement, signs and pavement markings, and installation of a Class
IV Separated Bikeway between Mary Ave and Hwy 85 NB on‐ramp per the approved
Cupertino Bicycle Transportation Plan Implementation along project frontage on
Stevens Creek Blvd. The installation will require traffic signal modifications at the
intersections of Stevens Creek Blvd & Mary Ave and Stevens Creek Blvd & Hwy 85.
The Applicant will be required to coordinate with Caltrans, for all work located within
Caltrans’ jurisdiction.
At the street improvement plan stage, the proposed bus stop design (shown on VTM‐
6) on Stevens Creek Blvd., west of Mary Ave., shall be further reviewed and the final
design must be approved by both VTA and City of Cupertino prior to issuance of
Final Map. The City may require a bus duckout. As result, an additional easement
may be required for proposed bus shelter.
Pursuant to Government Code Section 66020(d) (1), these Conditions constitute
written notice of a description of such dedication. You are hereby further notified that
Resolution No. 20‐106
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the 90‐day approval period in which you may protest this dedication, 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 dedication.
2. TRANSPORTATION
Prior to the Final Map approval, the Applicant shall mitigate any traffic impacts as
the result of the environmental impact study. And, the project shall implement
additional Bicycle Transportation Plan improvements in the vicinity of the property.
The value of the improvements shall be equivalent to the Transportation Impact Fee
required of the project and shall be provided in‐lieu of the fee. The improvements
shall include construction of a portion of the separated bicycle lanes along the south
side of Stevens Creek Blvd. between Hwy 85 & Mary Ave, or other related work as
determined by the Director of Public Works.
3. PEDESTRIAN AND BICYCLE IMPROVEMENTS
The Applicant shall provide pedestrian and bicycle related improvements, including
but not limited to, pedestrian and bike paths and bicycle racks throughout the project
site, and RRFB consistent with the Cupertino Bicycle Transportation Plan and the
Pedestrian Transportation Guidelines, and as approved by the Director of Public
Works. The Developer will design and build an alignment for the bicycle access
through the property, including at the southwest corner, that ensures a safe and
efficient movement for bicycle traffic, to the satisfaction of the City Engineer.
4. FINAL MAP
Prior to recordation of final map, all building(s) that straddle the new property line
must be removed. Project is required to dedicate Public Access Easements to facilitate
on‐site bike and pedestrian paths as identified in the Cupertino Bicycle Transportation
Plan and Pedestrian Transportation Plan and shall be substantially consistent with
those shown on the Vesting Tentative Map. Public Access Easements will be required
at the northwestern and southwestern property corners, along the west side of the
project site connecting north to south between Stevens Creek Boulevard and Mary
Avenue. Final alignment of the public paths and easements shall be approved by the
City Engineer.
Pursuant to Government Code Section 66020(d) (1), these Conditions constitute
written notice of a description of such dedication. You are hereby further notified that
the 90‐day approval period in which you may protest this dedication, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this
Resolution No. 20‐106
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90‐day period complying with all of the requirements of Section 66020, you will be
legally barred from later challenging such dedication
5. GATEWAY MONUMENT SIGN
At street improvement plan stage, the Applicant shall fabricate and install a gateway
monument sign in the median of Stevens Creek Boulevard, east of Hwy 85. The
precise location, design and size of the gateway monument sign shall be to the
satisfaction of the Director of Public Works.
6. STREET LIGHTING INSTALLATION
At street improvement plan stage, street lighting shall be designed and installed as
approved by the Director of Public Works. Lighting fixtures shall be positioned so as
to preclude glare and other forms of visual interference to adjoining properties, and
shall be no higher than the maximum height permitted by the zone in which the site
is located.
7. GRADING
Grading shall be performed to the satisfaction of the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications
and 404 permits maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
8. STORM DRAINAGE
Prior to the Final Map approval, the Applicant shall address and mitigate the storm
drainage impact as the result of the environmental impact study.
Drainage shall be provided to the satisfaction of the Director of Public Works.
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, and Low Impact
Development measures to reduce the amount of runoff from the site and improve
water quality.
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.
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Project will be required to install stormwater trash capture facilities that meet the
requirements established by Municipal Regional Permit. Trash capture devices shall
be located onsite and shall be situated so as to ensure trash carried by storm water is
collected onsite and does not flow directly to the City storm drain system. Applicant’s
engineer shall design and size the trash capture devices to ensure that in the event the
devices cause an obstruction to onsite stormwater flow, onsite flooding does not
occur.
9. 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 shall reserve a minimum of 4% of developable surface area for the
placement of low impact development measures, for storm water treatment, unless
an alternative storm water treatment plan, that satisfies C.3 requirements, is approved
by the Director of Public Works.
The Applicant must include the use and maintenance of site design, source control
and storm water treatment Best Management Practices (BMPs), which must be
designed per approved numeric sizing criteria. A Storm Water Management Plan,
Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and
Maintenance Agreement, and certification of ongoing operation and maintenance of
treatment BMPs are each required.
All storm water management plans are required to obtain certification from a City
approved third party reviewer.
10. SUBDIVISION AGREEMENT
The project developer 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 under grounding
of utilities. Said agreement shall be executed prior to recordation of Final Map.
Fees:
a. Checking & Inspection Fees: Per current fee schedule ($7,389.00 or 6%
of improvement costs)
b. Grading Permit: Per current fee schedule ($3,059.00 or 6%
of improvement costs)
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c Traffic Impact Fee Per current fee schedule (Multi‐Family ‐
$3,868/unit, Single‐Family ‐ $6,238/unit,
and Commercial ‐$10.04/sf)
d. Storm Drainage Fee: Per current fee schedule ($9,566 per AC)
e. Park Fee: Per current fee schedule
Senior ‐ $30,000/DU
Other Residential – $105,000, $60,000
and/or $54,000/DU depending on
density
f. Map Review Fee: Per current fee schedule ($9,826)
g. Storm Management Plan Fee: Per current fee schedule ($1,396)
h. Street Tree By Developer
Bonds:
Faithful Performance Bond: 115% 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.
11. 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.
12. 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
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for non‐standard appurtenances in the public road right‐of‐way that may include, but
is not limited to, sidewalk, pavers, and street lights.
13. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the Director of Public Works.
14. TRANSFORMERS & CABINETS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
15. 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.
16. 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.
17. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB),
the developer must obtain a Notice of Intent (NOI) from the SWRCB, which
encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use
of construction Best Management Practices (BMPs) to control storm water runoff
quality, and BMP inspection and maintenance.
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18. 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.
19. 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.
20. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to
be approved by the City. The plan shall include a temporary traffic control plan for
work in the right of way as well as a routing plan for all vehicles used during
construction. All traffic control signs must be reviewed and approved by the City
prior to commencement of work. The City has adopted Manual on Uniform Traffic
Control Devices (MUTCD) standards for all signage and striping work throughout
the City.
21. 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.
22. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
23. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on
private property adjacent to the public right of way, and fire department connections
must be located within 100’ of a Fire Hydrant).
24. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
25. SAN JOSE WATER COMPANY CLEARANCE
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Provide San Jose Water Company approval for water connection, service capability
and location and layout of water lines and backflow preventers before issuance of a
building permit approval.
26. 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.
27. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to recordation of Final Map or issuance of building permits, whichever
comes first issuance of building permits.
28. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be
required prior to recordation of Final Map or issuance of building permits, whichever
comes first. Provide letters from PG&E and AT&T to state their concurrence with the
proposed easement relocation.
SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY
FIRE DEPARTMENT
1. FIRE SPRINKLERS REQUIRED:
Approved automatic sprinkler systems in new and existing buildings and structures
shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive. For the purposes 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. 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. CFC Sec. 903.2 as adopted and amended by
CMC.
2. STANDPIPES REQUIRED
Standpipe systems shall be provided in new buildings and structures in accordance
with this section. Fire hose threads used in connection with standpipe systems shall
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be approved and shall be compatible with fire department hose threads. The location
of fire department hose connections shall be approved. Standpipes shall be manual
wet type. In buildings used for high‐piled combustible storage, fire hose protection
shall be in accordance with Chapter 32. Installation standard. Standpipe systems shall
be installed in accordance with this section and NFPA 14 as amended in Chapter 47.
CFC Sec. 905
3. 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 systems, 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). 2016 CFC Sec. 903.3.5 and Health and Safety
Code 13114.7.
4. TIMING OF INSTALLATION
When fire apparatus access roads or a water supply for fire protection is required to
be installed, such protection shall be installed and made serviceable prior to and
during the time of construction except when approved alternative methods of
protection are provided. Temporary street signs shall be installed at each street
intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2 CFC Sec. 501.4
5. REQUIRED FIRE DEPT. ACCESS
Commercial and Industrial Developments
a. Buildings exceeding three stories or 30 feet in height. Buildings or facilities
exceeding 30 feet (9144 mm) or three stories in height shall have a least two means
of fire apparatus access for each structure.
b. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a
gross building area of more than 62,000 square feet (5760 mm) shall be provided
with two separate and approved fire apparatus access roads.
c. Exception: Projects having a gross building area of up to 124,000 square feet (11520
mm) that have a single approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler systems. Multi‐Family
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Residential Developments (R‐1 & R‐2 occupancies) 1. Multi‐family residential
projects having more than 100 dwelling units shall be equipped throughout with
two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as
adopted and amended by CUPMC.
6. REQUIRED AERIAL ACCESS
a. Where required: Buildings or portions of buildings or facilities exceeding 30 feet
(9144 mm) in height above the lowest level of fire department vehicle access shall
be provided with approved fire apparatus access roads capable of accommodating
fire department aerial apparatus. Overhead utility and power lines shall not be
located within the aerial fire apparatus access roadway.
b. Width: Fire apparatus access roads shall have a minimum unobstructed width of
26 feet (7925) in the immediate vicinity of any building or portion of building more
than 30 feet (9144 mm) in height.
c. Proximity to building: At least one of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572) and a maximum of
30 feet (9144mm) from the building, and shall be positioned parallel to one entire
side of the building, as approved by the fire code official. Access roadway and fire
lane noted on Sheet C4 within proximity of structure exceeding 30‐feet in height is located
a maximum distance of 30‐feet away from one long side.
7. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED:
Provide access roadways with a paved all weather surface, a minimum width of 26
feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 42
feet and 23 feet inside, and a maximum slope of 15%. Installations shall conform to
Fire Department Standard Details and Specifications sheet A‐1.
8. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND
Provide an approved fire department engine roadway turnaround with a minimum
radius of 36 feet outside and 23 feet inside. Installation shall conform to Fire
Department Standard Details and Specification sheet A‐1. Cul‐de‐sac. CFC Sec. 503 as
adopted and amended by CUPMC. Circulating fire lane shown on Sheet C4 with
conforming radii of turns for an aerial apparatus proximal to the structure exceeding
30‐feet in height.
9. GROUND LADDER ACCESS
Ground‐ladder access rescuer from second and third floor rooms shall be made
possible for fire department operations. With the climbing angle of seventy‐five
degrees maintained, an approximate walkway width along either side of the building
shall be no less than seven feet clear. Landscaping shall not be allowed to interfere
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with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
Required for all residential townhouses/rowhouses and each emergency egress
window.
10. FIRE ALARM REQUIREMENTS
Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72.
11. EMERGENCY RADIO RESPONDER COVERAGE:
Emergency responder radio coverage in new buildings. All new buildings shall have
Approved radio coverage for emergency responders within the building based upon
the existing coverage levels of the public safety communication systems of the
jurisdiction at the exterior of the building. This section shall not require improvement
of the existing public safety communication systems. Refer to CFC Sec. 510 for further
requirements.
12. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter 33
and our Standard Detail and Specification SI‐7. Provide appropriate notations on
subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
13. ADDRESS IDENTIFICATION
New and existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast
with their background. Where required by the fire code official, address numbers
shall be provided in additional approved locations to 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 of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1
14. PUBLIC FIRE HYDRANT(S) REQUIRED
Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire
Department and San Jose Water Company. Maximum hydrant spacing shall be 500
feet, with a minimum single hydrant flow of 6500 GPM at 20 psi, residual. Fire
hydrants shall be provided along required fire apparatus access roads and adjacent
public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C.
All existing and new required fire hydrants per above spacing and fire flow requirement are
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identified on Sheet C4 with note indicating the FDC for each building shall be within 100ʹ of
a fire hydrant.
15. TURN RADIUS (CIRCULATING):
The minimum outside turning radius is 42 feet for required access roadways. Greater
radius up to 60 feet may be required where the Fire Department determines that
Ladder Truck access is required. Circulating refers to travel along a roadway without
dead ends.
SECTION VI: CONDITIONS ADMINISTERED BY THE ENVIRONMENTAL SERVICES
DEPARTMENT
1. COMPREHENSIVE NARRATIVE WASTE MANAGEMENT PLAN
The comprehensive narrative waste management plan for the project is required. This
plan will serve as a companion document to the plan sheets provided to illustrate how
garbage, organics, recyclables, and used cooking oil will be moved, stored, and
serviced on the property. It will provide support that sufficient space is provided
related to future occupant convenience and waste hauler circulation/access. The plan
should include at a minimum, the following:
Identification of each building and their respective trash room.
How is waste moved from the retail areas that do not have a trash room within
their building?
How is waste collected by the waste hauler from the trash rooms for buildings
1 and 2?
The Recology will need a minimum of 22 feet of overhead clearance to service
containers at any loading dock. If the compactors are roll‐off type, a minimum
horizontal clearance of 50 feet is required to access containers. Please identify
these areas.
All front end loader compactor bins are required to be placed out in a collection
area where Recology trucks can adequately service them. Please identify this
area.
Confirmation that the loading dock and trash room will be shared in the retail
space.
If the space is shared, what is the area (s.f.) designated for all waste containers
(see below)?
Types of containers (bins/compactors) designated for all trash rooms, the size
of each, the number of each. Used cooking oil tallow bins will be required in
all trash rooms in addition to the garbage, organics, and recycling bins.
Are all trash rooms and compactor areas at level grade or subterranean?
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In the multi‐floor buildings, is there a trash room on each level, will trash
chutes be used, other? All three waste streams must be provided for on each
floor.
How is waste from townhouses and rowhouses stored and collected?
Will the individual townhome/rowhouse occupants individually subscribe for
waste service for their carts?
If wheeled carts, where are they collected, and where do residents store them
when not being serviced.
If carts are intended to be stored in the garage, include the area (s.f) each unit
will have in the garage for all three carts. If garage area is yet to be determined,
please indicate that sufficient space will be provide to storage three waste carts
and adequate interior garage parking.
Explain how waste is collected from the four townhouse buildings adjacent to
Stevens Creek Boulevard. Identify the staging area on the plans if residents
will be staging their carts on the trash route.
2. WASTE TRIO
Nine permanently installed waste trios including cigarette butt urns which are
designed for exterior use are required and must be included on the plans. Waste
trios are outdoor receptacles positioned side‐by‐side which are clearly labeled
recycling, compost, and landfill and include covers to prevent rainwater intrusion.
An example of waste trios may be viewed at the following:
www.cupertino.org/greendev . The trios must be situated on private property
adjacent to the sidewalk for patron and pedestrian use. Trios should be located as
follows:
Central Green (3): west and east ends of the townhouse green and near the
parking area adjacent to the triangular central green
3. STORM DRAIN INLETS
The State Water Boards have updated their list of certified devices since the first
comments. Please note that all devices/systems must be selected from the certified
full capture system list as follows:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/trash
_implementation/a1_certified_fcd_rev_27jun18.pdf
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of August, 2020, by the following vote:
Resolution No. 20‐106
Page 30
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
_________________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
_________________________
Date
8/28/2020
8/28/2020