Reso 119 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 119
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE
DECLARATION AND APPROVING AN ARCHITECTURAL AND SITE
APPROVAL PERMIT TO ALLOW THE CONSTRUCTION OF A 5,600 SQUARE
FOOT, TWO-STORY EXPANSION TO THE EXISTING CUPERTINO PUBLIC
LIBRARY, LOCATED AT 10800 TORRE AVENUE (APN 369 31033)
SECTION I: PROJECT DESCRIPTION
Application No.: EA-2020-002 and ASA-2020-004
Applicant: Michael Zimmermann (City of Cupertino Public Works)
Location: 10800 Torre Avenue
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 a 5,600 square foot, two-story expansion to the existing
Cupertino Public Library, as described in Section I. of this Resolution; 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, on July 7, 2015, the City of Cupertino's City Council held a duly noticed
public hearing where it reviewed and considered the information contained in the Draft
IS/MND, voted 3-2-0 to adopt the MND and mitigation measures; and
WHEREAS, the City has prepared an Addendum ("Addendum") to the Mitigated
Negative Declaration for the Cupertino Civic Center Master Plan for adoption of the
Civic Center Master Plan in compliance with the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.) ("CEQA") together with the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter,
"CEQA Guidelines"); and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Administrative
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Hearing Officer held a public meeting on August 13, 2020 to consider library expansion
project; and
WHEREAS, on August 13, 2020, the Addendum was presented to the Administrative
Hearing Officer;
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, prior to taking action on this Resolution, the Administrative Hearing Officer
has exercised his independent judgment and reviewed and considered the information
in the Addendum, which concludes that no further environmental review is required for
the library expansion project.
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 applicant proposes a 5,600 square foot two-story expansion to the existing Cupertino
Public Library. The proposed project complies with the development requirements under
Cupertino Municipal Code Chapter 19.76 for public facilities. The project will include the
demolition of a 1,175 square foot portion of the existing library and the construction of the
addition, with a slightly larger footprint, in its place. Most of the addition will be within the
envelope of the existing building and does not protrude much further than the existing wall
plane. This project will not be detrimental or injurious to property or improvements in the
vicinity, nor will it 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 expansion is proposed in existing library space with a minor expansion in footprint.
Due to the design of the current library, the western and eastern wings will reduce much
of the bulk of the proposed addition. The added area is comparable in massing, height and
bulk of the rest of the library and its construction will not lead to any abrupt changes in
building scale.
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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 addition is located at the rear of the library and tucked between the existing west and
east wings on the sides and further screened from the south by the Memorial Grove — a
grove of 50-60 foot tall redwood trees. The addition will utilize materials and a style
compatible with the existing library. The proposal is designed with a modern curtain wall
glazing system, like the larger windows in existing reading areas of the library.
Additionally, the non-programmed space (e.g. stairways) will be finished with stucco to
complement the exterior paint colors of the existing library. The glass and stucco
combination of the addition will integrate well with the existing building. The proposal
does not include any detached storage areas or require exterior utility installations and
therefore does not require screening. The proposal includes only one exterior wall-mounted
light on the eastern façade of the expansion and is located above an exit door for the safety
of library patrons.
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.
No signs are proposed as part of this expansion.
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 addition will not be visually intrusive to the surrounding neighborhood as it
is compatible in size with the existing library and located in an area that is generally tucked
away from the public right-of-way and views of residential properties. Additionally, the
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architectural style and colors are consistent with the existing library. The existing
Memorial Grove redwood trees will be protected during, and retained after, construction.
Therefore, the trees will continue to provide adequate screening. Thus, the project will not
be visually intrusive or cause noise, traffic, and light impacts to the adjacent properties.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staff's report and
presentation, and other evidence submitted in this matter, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 4 thereof, the Administrative
Hearing Officer resolves 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. EA-2020-002 and ASA-2020-004 as set forth in the Minutes of
the Administrative Hearing Meeting of August 13, 2020 and are incorporated by
reference as though fully set forth herein, and hereby takes the following actions:
1. Determines that the Addendum reflects the independent judgement of the City.
2. Adopts the Addendum to the Civic Center Master Plan IS/MND, and
3. Approves an Architectural and Site Approval, Application no. ASA-2020-004.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by EHDD Architecture entitled
"Cupertino Library Expansion" consisting of forty-seven (47) sheets labeled as
G0.00-G4.01, C1.0-C9.0, A0.11-A9.01, and S0.11-S5.22, except as may be amended
by conditions in this resolution.
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or
construction records. Any misrepresentation of any property data may invalidate
this approval and may require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on
the first page of the building plans.
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5. BIRD-SAFE DEVELOPMENT
The applicant shall submit plans, incorporating bird-safe treatment on all new
windows and glass and provide specifications on indoor lighting with provisions
for motion-sensored interior lighting, for review and approval by the Director of
Community Development, prior to issuance of building permits.
6. BICYCLE PARKING
The applicant shall provide 10 bicycle parking stalls and 2 bike lockers to be
located at or near the library.The location of the bicycle racks and lockers shall not
create an adverse visual impact and shall be reviewed and approved by the
Director of Community Development prior to issuance of building permits.
7. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction
of the approved project. The applicant shall provide information and plans to
allow the Building Official and the Fire Marshall, or their designee, to determine
that the proposed plans comply with Building and Fire Codes in effect at the time
of application for a building permit.
8. GREEN BUILDING COMPONENTS
The expansion portion of the library shall be designed and constructed to meet
California Green Building Standards Code (Title 24) which requires efficient
windows, insulation, lighting, ventilation systems, and other features that reduce
water and energy consumption, as well as the Cupertino Municipal Code (Chapter
16.58: Green Building Standards). Consistent with the City's Climate Action Plan
and General Plan policies, the project proposes to achieve LEED Silver status and
would include various sustainability measures
9. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved
by staff prior to issuance of building permits. Staging of construction equipment
shall not occur within 150 feet of any residential property or on the library field.
10. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on
exterior color, material, architectural treatments, lighting fixtures, and/or
embellishments) shall be reviewed and approved by the Director of Community
Development prior to issuance of building permits. Any exterior changes
determined to be substantial by the Director of Community Development shall
require a modification approval. Prior to issuance of building permits, staff will
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review exterior material, architectural elements, and building scale and massing
to ensure quality and consistency with the approved findings in Section II above.
11. TRAFFIC DEMAND MANAGEMENT MEASURES
As a part of the 1'DM strategy, the applicant is proposing the phased
implementation of the following in the next two years:
• Convert one Rodrigues Avenue parking stall into motorcycle parking
• Move pick-up/drop-off and 4-minute book return stalls to Torre Avenue
• Provide option for eligible employees to telecommute
• Continue the guaranteed ride home program
• Designate carpool stalls
• Add secure bicycle parking close to City Hall entrance
• Create Healthy Families program to encourage families to bike/walk to the
library
• Education on Transportation Demand Management
• Continue to provide commuter checks to employees to encourage bike,
walking, carpooling and transit ridership
• Provide free after-school shuttles/bus from local schools to the library
• Parking cash-out for employees
• Restrict all 4-hour regular parking on-site and on-street to 2 hours or less
These TDMs will be implemented as needed based on monitoring and as determined
by City staff, to alleviate parking issues should they occur. City Staff from the
Department of Public Works and Administrative Services and the Office of
Sustainability will implement these measures over time and will monitor their
effectiveness on an annual basis. If the implemented TDM measures prove to be
ineffective or inadequate, additional measures will be implemented. At the end of
two years, if the annual monitoring indicates continued parking deficiencies, the City
shall reevaluate the parking study and associated TDM measures, and determine next
steps.
12. STORMWATER DRAINAGE
Any required stormwater treatment measures shall be consistent with the Santa
Clara Valley Stormwater Municipal Permit's C.3 provisions and the City's Climate
Action Plan, to the satisfaction of the City Engineer. Should the project be required
to implement stormwater treatment measures, some Construction-Related and
Post-Construcion Related Measures are identified below and shall be
implemented, as applicable.
a. Construction-Related Measures
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In conformance with the City of Cupertino's Municipal Code Chapter 9.18, the
project includes the following standard measures:
■ The project shall implement construction BMPs to avoid impacts to surface
water quality during construction, to the satisfaction of the Director of
Public Works. Construction BMPs would include,but would not be limited
to the following measures:
- Preclude non-stormwater discharges to the stormwater system.
- Incorporate site-specific Best Management Practices for erosion and
sediment control during the construction period consistent with the
NPDES permit.
- Cover soil, equipment, and supplies that could contribute to non-visible
pollution prior to rainfall events or monitor runoff.
- Perform monitoring of discharges to the stormwater system to ensure
that stormwater runoff during construction is contained prior to
discharge to allow sediment to settle out and filtered, if necessary to
ensure that only clear water is discharged to the storm system.
b. Post-Construction Measures
In conformance with the City of Cupertino's Municipal Code Chapter 9.18, the
project would include the following standard measures, as applicable:
• The project shall comply with Provision C.3 of NPDES Permit Number
CAS612008, and will provide enhanced performance standards for the
management of stormwater for new development, as applicable.
Prior to issuance of building and grading permits, the project shall comply with
the NPDES C.3 permit provisions, including applicable BMPs for reducing
contamination in stormwater runoff as permanent features of the project. The
project BMPs may include the incorporation of vegetated swales, rain gardens,
and flow-through planters to treat and reduce the amount of runoff from the site.
The specific BMPs to be used in each phase of development shall be determined
based on design and site-specific considerations and will be determined prior to
issuance of building and grading permits.
• To protect groundwater from pollutant loading of urban runoff, BMPs
which are primarily infiltration devices (such as infiltration trenches and
infiltration basins) must meet, at a minimum, the following conditions:
- Pollution prevention and source control BMPs shall be implemented to
protect groundwater;
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- Use of infiltration BMPs cannot cause or contribute to degradation of
groundwater;
- Infiltration BMPs must be adequately maintained;
- Vertical distance from the base of any infiltration device to the seasonal
high groundwater mark must be at least 10 feet. In areas of highly
porous soils and/or high groundwater table, BMPs shall be subject to a
higher level of analysis (considering potential for pollutants such as on-
site chemical use, level of pretreatment, similar factors); and
■ Best Management Practices (BMPs) shall be selected and designed to the
satisfaction of the Director of Public Works in accordance with the
requirements contained in the most recent versions of the following
documents:
- City of Cupertino Post-Construction BMP Section Matrix;
- SCVURPPP "Guidance for Implementing Storm Water Regulations for
New and Redevelopment Projects;"
- NPDES Municipal Stormwater Discharge Permit issued to the City of
Cupertino by the California Regional Water Quality Control Board, San
Francisco Bay Region;
- California BMP Handbooks;
- Bay Area Stormwater Management Agencies Association (BASMAA)
"Start at the Source" Design Guidance Manual;
- BASMAA "Using Site Design Standards to Meet Development
Standards for Stormwater Quality A Companion Document to Start at
the Source;" and
- City of Cupertino Planning Procedures Performance Standard.
• To maintain effectiveness, all stormwater treatment facilities installed shall
include long-term maintenance programs.
• If any plantings are planted, pest resistant plants shall be used to minimize
pesticide use. Plant selection will be reflected in the landscape plans.
13. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION MITIGATION
MEASURES
The proposed project shall implement the following mitigation measures (MM) to
reduce impacts as identified in the IS/MND approved by City Council on July
2015. The applicant shall indicate on the building permit submissions how these
mitigation measures are being implemented, prior to building permit issuance:
A. MM BIO-1.1: Removal of trees on the project site will be scheduled between
September and December (inclusive) to avoid the nesting season for birds and
so that no additional surveys would be required.
I i
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B. MM BIO-1.2: If removal of the trees on-site is planned to take place between
January and August (inclusive), a pre-construction survey for nesting birds
shall be conducted by a qualified ornithologist to identify active nesting raptor
or other bird nests that may be disturbed during project implementation.
Between January and April (inclusive), preconstruction surveys shall be
conducted no more than 14 days prior to the initiation of construction activities
or tree relocation or removal. Between May and August (inclusive), pre-
construction surveys shall be conducted no more than thirty (30) days prior to
the initiation of these activities. The surveying ornithologist shall inspect all
trees in and immediately adjacent to the construction area for nests.If an active
raptor nest is found in or close enough to the construction area to be disturbed
by these activities, the ornithologist shall, in consultation with the State of
California, Department of Fish & Wildlife (CDFW), designate a construction-
free buffer zone around the nest until the end of the nesting activity. Buffers
for other birds shall be determined by the ornithologist.
C. MM BIO-1.3: A report summarizing the results of the pre-construction survey
and any designated buffer zones or protection measures for tree nesting birds
shall be submitted to the Public Works Director prior to the start of grading or
tree removal
D. MM CUL-1.1: In the event of the discovery of prehistoric or historic
archaeological deposits or paleontological deposits, work shall be halted
within 50 feet of the discovery and a qualified professional archaeologist (or
paleontologist, as applicable) shall examine the find and make appropriate
recommendations regarding the significance of the find and the appropriate
mitigation. The recommendation shall be implemented and could include
collection, recordation, and analysis of any significant cultural materials.
E. MM CUL-1.2: Pursuant to Section 7050.5 of the Health and Safety Code and
Section 5097.94 of the Public Resources Code of the State of California:
a. In the event of the discovery of human remains during construction, there
shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains. The Santa Clara County
Coroner shall be notified and shall make a determination as to whether the
remains are Native American. If the Coroner determines that the remains
are not subject to his authority, he shall notify the Native American
Heritage Commission who shall attempt to identify descendants of the
deceased Native American. If no satisfactory agreement can be reached as
to the disposition of the remains pursuant to this State law, then the land
owner shall re-inter the human remains and items associated with Native
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American burials on the property in a location not subject to further
subsurface disturbance.
F. MM CUL-1.3:If cultural resources are encountered, a final report summarizing
the discovery of cultural materials shall be submitted to the Director of Public
Works prior to issuance of building permits. This report shall contain a
description of the mitigation program that was implemented (e.g., monitoring
and testing program), a list of the resources found, a summary of the resources
analysis methodology and conclusion, and a description of the
disposition/curation of the resources. The report shall verify completion of the
mitigation program to the satisfaction of the Director Public Works.
G. MM GEO-1.1: The project proposes to be constructed in accordance with
standard pracrices in the California Building Code, as adopted by the City of
Cupertino, to reduce expansive soil impacts to a less than significant level.
H. MM HAZ-2.1: In conformance with local, state, and federal laws, an asbestos
building survey and a lead-based paint survey shall be completed by a
qualified professional to determine the presence of ACMs and/or lead-based
paint on the structures prior to demolition.
I. MM HAZ-2.2: A registered asbestos abatement contractor shall be retained to
remove and dispose of all potentially friable asbestos-containing materials, in
accordance with the National Emissions Standards for Hazardous Air
Pollutants (NESHAP) guidelines, prior to building demolition or renovation
that may disturb the materials. All demolition;activities shall be undertaken in
accordance with Cal/OSHA standards, contained in Title 8 of the California
Code of Regulations (CCR), Section 1529, to protect workers from exposure to
asbestos. Materials containing more than one percent asbestos are also subject
to Bay Area Air Quality Management Distr'ict,(BAAQMD) regulations.
J. MM HAZ-2.3: During demolition activities, all building materials containing
lead-based paint shall be removed in accordance with Cal/OSHA Lead in
Construction Standard, Title 8, CCR 1532.1, including employee training,
employee air monitoring and dust control. Any debris or soil containing lead-
based paint or coatings shall be disposed of at landfills that meet acceptance
criteria for the waste being disposed.
K. MM HAZ-2.4: Hazardous waste shall be appropriately managed, labeled,
transported, and disposed of in accordance with local, state, and/or federal
requirements by trained workers.
L. MM NOI-1.1: Develop a construction noise:mitigation plan including,but not
limited to, the following controls:
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• All equipment driven by internal combustion engines shall be equipped
with mufflers, which are in good condition and appropriate for the
equipment.
• The construction contractor shall utilize "quiet" models of air compressors
and other stationary noise sources where technology exists.
• Unnecessary idling of internal combustion engines shall be prohibited.
• Construction staging areas shall be established at locations that will create
the greatest distance between the construction-related noise sources and
noise-sensitive receptors nearest the project site during all project
construction.
• Locate stationary noise sources as far from sensitive receptors as feasible.
If they must be located near receptors, adequate muffling (with enclosures
where feasible and appropriate) will be used. Any enclosure openings or
venting will face away from sensitive receptors.
• Locate material stockpiles as well as maintenance/equipment staging and
parking areas as far as feasible from residential receptors.
• Neighbors located adjacent to the construction site shall be notified of the
construction schedule in writing.
• Designate a project liaison that will be responsible for responding to noise
complaints during the construction phase. The name and phone number
of the liaison will be conspicuously posted at construction areas and on all
advanced notifications. This person will take steps to resolve complaints,
including periodic noise monitoring, if necessary. Results of noise
monitoring will be presented at regular project meetings with the project
contractor, and the liaison will coordinate with the contractor to modify
any construction activities that generated excessive noise levels to the
extent feasible.
• Require a reporting program that documents complaints received, actions
taken to resolve problems, and effectiveness of these actions.
• Hold a preconstruction meeting with the job inspectors and the general
contractor/on-site project manager to confirm that noise mitigation and
practices (including construction hours, construction schedule, and noise
coordinator) are completed.
14. 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.
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• 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.
15. 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 a
Construction and Demolition Waste Management Plan prior to building permit
issuance, and evidence that materials were recycled prior to occupancy in a
Construction Recycling Report.
16. 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,
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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. 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.
17. BAAOMD CONSTRUCTION MITIGATION MEASURES (DUST CONTROL)
a. Project shall comply with the Bay Area Quality Management District's Basic
Construction Mitigation Measures to reduce construction fugitive dust impacts
as follows:
i. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.
ii. All haul trucks transporting soil, sand, or other loose material off-site shall
be covered.
iii. All visible mud or dirt tracked-out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited.
iv. All vehicle speeds on unpaved roads shall be limited to 15 mph.
v. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
vi. Idling times shall be minimized either by shutting equipment off when not
in use or reducing the maximum idling time to 5 minutes (as required by
the California airborne toxics control measure Title 13, Section 2485 of
California Code of Regulations [CCR]). Clear signage shall be provided for
construction workers at all access points.
vii. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in proper
condition prior to operation.
viii. A publicly visible sign shall be posted with the telephone number and
person to contact at the City of Cupertino regarding dust complaints. This
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person shall respond and take corrective action within 48 hours. The
BAAQMD phone number shall also be visible to ensure compliance with
applicable regulations.
b. The Contractor shall also implement the following measures, consistent with
BAAQMD's Additional Construction Mitigation Measures Recommended for
Projects with Construction Emissions Above the Threshold:
i. All exposed surfaces shall be watered at a frequency adequate to maintain
minimum soil moisture of 12 percent. Moisture content can be verified by
lab samples or moisture probe.
ii. All excavation, grading, and/or demolition activities shall be suspended
when average wind speeds exceed 20 mph.
iii. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s)
of actively disturbed areas of construction. Wind breaks should have at
maximum 50 percent air porosity.
iv. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be
planted in disturbed areas as soon as possible and watered appropriately
until vegetation is established.
v. The simultaneous occurrence of excavation, grading, and ground-
disturbing construction activities on the same area at any one time shall be
limited. Activities shall be phased to reduce the amount of disturbed
surfaces at any one time.
vi. All trucks and equipment, including their tires, shall be washed off prior to
leaving the site.
vii. Site accesses to a distance of 100 feet from the paved road shall be treated
with a 6 to 12 inch compacted layer of wood chips, mulch, or gravel.
viii. Sandbags or other erosion control measures shall be installed to prevent silt
runoff to public roadways from sites with a slope greater than one percent.
ix. Minimizing the idling time of diesel powered construction equipment to
two minutes.
x. The project shall develop a plan demonstrating that the off-road equipment
(more than 50 horsepower) to be used in the construction project (i.e.,
owned, leased, and subcontractor vehicles) would achieve a project wide
fleet-average 20 percent NOX reduction and 45 percent PM reduction
compared to the most recent ARB fleet average. Acceptable options for
reducing emissions include the use of late model engines, low-emission
diesel products, alternative fuels, engine retrofit technology, after-
treatment products, add-on devices such as particulate filters, and/or other
options as such become available.
Resolution No.119 EA-2020-002 and ASA-2020-004 August 13,2020
Page 15
xi. Use low VOC (i.e., ROG) coatings beyond the local requirements (i.e.,
Regulation 8, Rule 3: Architectural Coatings).
xii. Requiring that all construction equipment, diesel trucks, and generators be
equipped with Best Available Control Technology for emission reductions
of NOx and PM.
xiii. Requiring all contractors use equipment that meets CARB's most recent
certification standard for off-road heavy duty diesel engines.
c. Additional measures are included to reduce localized construction equipment
exhaust emissions:
i. All mobile diesel-powered off-road equipment larger than 50 horsepower
and operating on the site for more than two days continuously shall meet
U.S. EPA particulate matter emissions standards for Tier 2 engines or
equivalent;
ii. All portable diesel-powered off-road equipment (e.g., air compressors)
operating on the site for more than two days continuously shall meet U.S.
EPA particulate matter emissions standards for Tier 4 engines or
equivalent; and
Note that the construction contractor could use other measures to minimize
construction period DPM emissions. Such measures may be the use of
alternative powered equipment (e.g., LPG-powered lifts), alternative fuels
(e.g., biofuels), added exhaust devices, or a combination of measures.
Applicant shall indicate compliance with BAAQMD's construction measures
on all demolition, construction and grading permits and construction
management plan(s).
18. 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.
19. 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.
Resolution No.119 EA-2020-002 and ASA-2020-004 August 13,2020
Page 16
SECTION V: CONDITIONS ADMINISTERED BY SANTA CLARA COUNTY FIRE
DEPT.
The following are preliminary conditions provided by the Fire Department and may be
modified administratively by the Fire Chief, or his/her designee.
20. FIRE SPRINKLERS REQUIRED
(As noted on Sheet G0.02) An ! approved and monitored
automatic sprinkler system shall be provided 'throughout all new buildings and
structures.
Exceptions:
a. Buildings and structures that do not exceed 1,000 square feet of building area
and that are not located in the Wildland-Urban Interface Fire Area.
b. Buildings and structures that are located in the Wildland-Urban Interface Fire
Area and do not exceed 500 square feet of building area.
An automatic sprinkler system shall be provided throughout existing buildings
and structures when alterations or additions are made that create conditions
described in Sections 903.2.1 through 903.2.18.
21. REQUIRED AERIAL ACCESS
a. The new addition exceeds the maximum 30' height requirement. Lower the
top of the parapet or provide aerial access.
b. 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.
c. 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.
d. 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 byrthe fire code official. SCCFD SD&S
A-1.
22. FIRE ALARM MODIFICATION MAY BE REQUIRED
(As noted on Sheet G0.02) A monitored fire sprinkler system is provided. A
deferred submittal for the fire alarm system is required as necessary by new
construction. Submit shop drawings (3 sets) and a permit application to the Santa
Resolution No.119 EA-2020-002 and ASA-2020-004 August 13,2020
Page 17
Clara County Fire Department for approval. Call (408) 341-4420 for more
information.
23. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED
(As shown on Sheet C-9.0) Provide public/private 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 1000 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. Two new public fire hydrants
are proposed along Torre Ave.
24. FIRE DEPARTMENT CONNECTION
Please note the location of the FDC on Sheet C-9.0.The fire department connection
(FDC) shall be installed at the street on the street address side of the building. It
shall be located within 100 feet of a public fire hydrant and within ten (10) feet of
the main PIV(unless otherwise approved by the Chief due to practical difficulties).
FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2")
inch national standard threaded inlet couplings. Exception: FDC's supplying
private on-site fire hydrants shall have a minimum four (4) way inlet coupling.
Revise plans accordingly. SCCFD Standard SP-2.
25. 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). 2019
CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
26. BUILDINGS AND FACILITIES ACCESS
(As noted on Sheet C-9.0) Approved fire apparatus access roads shall be provided
for every facility,building or portion of a building hereafter constructed or moved
into or with the jurisdiction. The fire apparatus access road shall comply with the
requirements of this section and shall extend to within 150 feet of all portions of
Resolution No.119 EA-2020-002 and ASA-2020-004 August 13,2020
Page 18
the facility and all portions of the exterior walls of the first story of the building as
measured by an approved route around the exterior of the building or facility.
[CFC, Section 503.1.1].
27. REQUIRED EMERGENCY ACCESS
The minimum clear width of fire department access roads shall be 20 feet.
Facilities, buildings or portions of buildings hereafter constructed shall be
accessible to fire department apparatus by way of an approved fire apparatus
access road (including bridges and culverts) with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds (34050 kg) or as otherwise determined by the fire
code official. CFC Sec. 503 and SCCFD A-1 Standard.
If the height of the building is reduced to meet the maximum 30' to the top of the
parapet, 20' wide access roadways are required. The path of travel is noted on
Sheet C-9.0 however with all of the unrelated information shown on the sheet it is
extremely difficult to verify the 20' roadways. Please remove any unrelated
information from this sheet.
28. 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.
29. CONSTRUCTION SITE FIRE SAFETY
All construction sites must comply with applicable provisions of the CFC Chapter
33 and our Standard Detail and Specification S1-7. Provide appropriate notations
on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
Resolution No.119 EA-2020-002 and ASA-2020-004 August 13,2020
Page 19
PASSED AND ADOPTED this 13th day of August, 2020 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.
AT lhST: APPROVED:
z 1Jot (
Ellen Yau bert Salvador
Associate Planner Assistant Director of Community Development