Reso 117 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 117
OF THE ADMINISTRATIVE HEARING OFFICER OF THE CITY OF
CUPERTINO APPROVING AN ARCHITECTURAL AND SITE APPROVAL
PERMIT TO ALLOW THE CONSTRUCTION OF A NEW 2,693 SQUARE FOOT,
TWO-STORY SINGLE-FAMILY RESIDENCE, LOCATED AT 10206 ORANGE
AVENUE (APN 35718 047)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2019-008
Applicant: Chelsea Bright (Thomas James Homes)
Location: 10206 Orange 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 new 2,693 square foot, two-story single-family residence
on a vacant lot in a Planned Residential area (Monta Vista), 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, pursuant to the provisions of the California Environmental Quality Act of
1970 (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"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated June 11, 2020 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
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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 new 2,693 two story home on a vacant lot. The development is
utilizing R1-5 zoning development standards and is proposing an architectural style
comparable to the surrounding homes. The proposed home is comparable in size to
surrounding homes and is a compatible use with the existing uses surrounding it. Further
the development will not be detrimental to the public health, safety, general welfare, or
convenience.
2. The proposal is consistent with the purposes of Chapter 19.168, the General Plan
any specific plan, zoning ordinances, applicable planned development permit,
conditional use permits, variances, subdivision maps or other entitlements to use
which regulate the subject property including, but not limited to, adherence to the
following specific criteria:
a) Abrupt changes in building scale should be avoided. A gradual transition related
to height and bulk should be achieved between new and existing buildings.
Due to the allowed design flexibility there is a healthy mix of single-family homes and low-
density multi family units with R1-7.5 and P(Res) 4.4.-7.7 and P(Res) 10-15 zones and
unit densities. The proposed development is comparable in massing, height and bulk of
similar single-family residences and will not disrupt the character of the neighborhood.
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.
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The Monta Vista Design guidelines call for "rectilinear form with "Queen Anne" or
"Victorian" embellishments"with "muted "earth" tones"for the color palette to preserve
the town-like feel of the Monta Vista neighborhood. The proposed Arts and Crafts style is
in alignment with the intention of these architectural styles as well as the Design
Guidelines set forth in the Cupertino Municipal Code Chapter 19.28. The color scheme of
a blue gray smooth stucco and white stucco are also consistent with the Monta Vista design
guidelines. The proposed home will utilize materials and a style compatible with the
surrounding neighborhood by integrating smooth stucco, white wood accents, and stone
veneer throughout the exterior of the home. Additionally, all utility elements have been
shielded from exterior view.
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 signage is proposed as part of this residential project.
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 proposal is a new, single family two story-home consistent with the surrounding
zoning and land use in the surrounding neighborhood. The project has been designed to be
consistent with R1-5 development standards. The proposed home will not be visually
intrusive as it is compatible with the size and mass of the neighboring homes.Additionally,
the architectural style and colors are consistent with the neighborhood. The project proposal
includes privacy trees, located exclusively on the subject property and shared with the
adjacent property being developed at the same time. These trees are designed to provide
sufficient screening within three years from the second story windows. 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 application for an Architectural and Site Approval, Application no. ASA-2019-008 is
hereby approved and that the subconclusions upon which the findings and conditions
specified in this resolution are based and contained in the Public Meeting record
concerning Application no.ASA-2019-008 as set forth in the Minutes of the Administrative
Resolution No.117 ASA-2019-008 June 11,2020
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Hearing Meeting of June 11, 2020 and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by KTGY Group, Inc., entitled "10206
Orange Ave, Cupertino, CA 95014" consisting of thirteen (13) sheets labeled as
T1.0, Al, A1.1, A2.1,A2.2,A3.0, A.3.0.1, A3.1, A4.0, A5.0, A5.1, C,FD-1, L-1 and L-
2, 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.
4. PREVIOUS APPROVAL CONDITIONS
The conditions of approval contained in file nos. TM-2016-02 and TR-2018-19 shall be
applicable to this approval.
5. BELOW MARKET RATE HOUSING PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying the applicable BMR Housing Mitigation Fee.
6. FENCES
Any changes to the fencing shall require design review with the Community
Development Department and shall comply with Cupertino Municipal Code Chapter
19.48 Fences
7. ARCHITECTURAL REVIEW COMPLIANCE
The project shall remain in substantial conformance with the approved plan set,
specifically the approved materials board on Sheet A5.1. The following features shall
be shown on the construction plans prior to issuance of building permits and verified
prior to final occupancy:
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a. Use true or simulated divided lite panes in all windows
b. Decorative detailing on gable end of roof
c. Dimensional window trim
8. 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 with
neighborhood input. Prior to issuance of building permits, staff will review exterior
material, architectural elements, and building scale and massing to ensure quality and
consistency with the approved findings prescribed in Section II above.
9. FRONT YARD TREE AND PRIVACY PLANTING
The applicant shall indicate on site and landscape plans the location of a front yard
tree to be located within the front yard setback area in order to screen the massing of
the second story and the location of all required privacy plantings. The final planting
plan shall be reviewed and approved by the Planning Division prior to issuance of
building permits. The variety, size, planting distance shall be consistent with the
City's requirements.
10. FRONT YARD TREE AND PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the privacy protection measures and tree protection requirements
consistent with the R-1 Ordinance,for all windows with views into neighboring yards
and a sill height that is 5 feet or less from the second story finished floor. The precise
language will be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the Community
Development Department prior to final occupancy of the residence.
The applicant has proposed privacy trees to be planted on the shared property line to
the south of this property. An agreement shall be recorded to ensure shared
maintenance, replacement and protection of the eight shared Grecian Laurel. The
agreement shall include language to:
a. Ensure that the agreement cannot be amended or voided without the approval of
the City.
b. Authorize the Director of Community Development to nullify the agreement in
the event the City is provided a signed valid privacy protection waiver form in the
future from the property owner of 10208 Orange Avenue.
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11. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to
submit a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for
projects with landscape area between 500 square feet and 2,500 square feet. The
Landscape Documentation Package or Prescriptive Compliance Application shall be
reviewed and approved to the satisfaction of the Director of Community
Development prior to issuance of building permits, and additional requirements per
sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be
reviewed and approved prior to final inspections.
12. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified
landscape professional after the landscaping and irrigation system have been
installed. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and preparation
of an irrigation schedule.
The landscape installation report shall include the following statement: "The
landscape and irrigation system have been installed as specified in the landscape and
irrigation design plan and complies with the criteria of the ordinance and the permit."
13. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), a maintenance schedule shall be
established and submitted to the Director of Community Development or his/her
designee, either with the landscape application package, with the landscape
installation report, or any time before the landscape installation report is submitted.
a. Schedules should take into account water requirements for the plant establishment
period and water requirements for established landscapes.
b. Maintenance shall include,but not be limited to the following: routine inspection;
pressure testing, adjustment and repair of the irrigation system; aerating and de-
thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed
plants;weeding; pest control; and removing obstructions to emission devices.
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c. Failed plants shall be replaced with the same or functionally equivalent plants that
may be size-adjusted as appropriate for the stage of growth of the overall
installation. Failing plants shall either be replaced or be revived through
appropriate adjustments in water, nutrients, pest control or other factors as
recommended by a landscaping professional.
14. 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.
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 permittedby
otherwise 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. 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.
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16. BAAOMD BASIC CONTROL MEASURES (DUST CONTROL)
Project shall comply with the Bay Area Quality Management District's Basic
Construction Mitigation Measures to reduce construction fugitive dust impacts as
follows:
a. All exposed surfaces (e.g.,parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. 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.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. 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.
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications.All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. A publicly visible sign shall be posted with the telephone number and person
to contact at the City of Cupertino regarding dust complaints.This person shall
respond and take corrective action within 48 hours. The BAAQMD phone
number shall also be visible to ensure compliance with applicable regulations.
Applicant shall indicate compliance with BAAQMD's basic control measures on all
demolition, construction and grading permits and construction management plan(s).
17. 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.
18. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City's choice, and hold harmless
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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 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.
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.
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SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
20. STREET IMPROVEMENTS
The developer shall construct street improvements along the project frontage. Submit
civil design plans, prepared by a licensed Civil Engineer, that include, but are not be
limited to, new curb and gutter, detached sidewalk, driveways (maximum 18' wide),
street light and asphalt pavement, in accordance with City standards, codes and
policies, as specified and to the satisfaction of the City Engineer. In addition, provide
a design to address how the utility pole and guy wire will be protected in place. If
public health and safety concerns cannot adequately be addressed in the design for
the existing utility pole location, the developer will be required to relocate the utility
pole.
Alternatively, should the City initiate the proposed Orange Avenue Sidewalk Capital
Improvement Project prior to the Developer beginning construction of frontage
improvements, the developer may be required to contribute funds towards the
Orange Avenue Sidewalk Project.
21. UTILITY SERVICES
Developer shall install all utility services including but not be limited to,underground
overhead electrical lines, water, sanitary sewer and joint trench facilities to each
property.
22. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the City Engineer.
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.
23. GRADING AND DRAINAGE
Grading and drainage shall be provided to the satisfaction of the City Engineer. Any
storm water overflows or surface sheeting should be directed away from neighboring
private properties and to the public right of way as much as reasonably possible. If
on-site drainage must drain towards the backyard, a design and pre- and post-
development hydraulic calculations prepared by a license Civil Engineer must be
provided to indicate whether additional storm water control measures are to be
constructed or renovated. The storm drain system shall be designed to detain water
on-site (e.g., via buried pipes, retention systems or other approved systems and
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improvements)as necessary to avoid an increase of the ten percent flood water surface
elevation to the satisfaction of the City Engineer.
24. 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 both project sites).
Submit a C.3 impervious surface data form at the Building Permit application stage.
If C.3 improvements are required, the developer shall reserve a minimum of 4% of
developable surface area for the placement of low impact development measures, for
storm water treatment, on the tentative map, unless an alternative storm water
treatment plan, that satisfies C.3 requirements, is approved by the City Engineer.
The developer 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.
25. 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 City Engineer.
26. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for under grounding
of utilities. Said agreement shall be executed prior to issuance of construction permits
Fees:
a. Checking &Inspection Fees: $ Per current fee schedule ($3,950.00 or 5%)
b. Street Tree $ Per current fee schedule ($804 for two trees)
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c. Power Cost: **
** Based on the latest effective PG&E rate schedule approved by the PUC
Bonds:
Faithful Performance Bond: 100% of Off-site and On-site Improvements
Labor &Material Bond: 100% of Off-site and On-site Improvement
On-site Grading Bond: 115% 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.
27. SURVEYS
A boundary survey prepared by a licensed Land Surveyor or a Civil Engineer
qualified to perform survey work will be required for all new construction to ensure
the proposed building will be set based on the boundary survey and setback
requirements.
28. TRANSFORMERS
Electrical transformers, telephone cabinets and similar equipment shall be placed in
underground vaults. The developer must receive written approval from both the
Public Works Department and the Community Development Department prior to
installation of any above ground equipment. Should above ground equipment be
permitted by the City, equipment and enclosures shall be screened with fencing and
landscaping such that said equipment is not visible from public street areas, as
determined by the Community Development Department. Transformers shall not be
located in the front or side building setback area.
29. 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.
30. 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.
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31. EROSION CONTROL PLAN
Developer shall 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.
32. 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.
33. OPERATIONS &MAINTENANCE AGREEMENT
Developer shall enter into an Operations & Maintenance Agreement with the City
prior to final occupancy. The Agreement shall include the operation and maintenance
for non-standard appurtenances in the public road right-of-way that may include,but
is not limited to, sidewalk, pavers, and street lights.
34. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
35. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
City Engineer and shall be of a type approved by the City in accordance with
Ordinance No. 125. The City will install street trees at the end of the project, and will
situate the trees as close to the developers desired location as possible,while avoiding
other existing facilities.
36. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
37. 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).
38. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
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39. SAN JOSE WATER COMPANY CLEARANCE
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.
40. 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.
41. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary
District prior to issuance of building permits.
42. 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 issuance of building permits.
SECTION V: CONDITIONS ADMINISTERED BY SANTA CLARA COUNTY FIRE
DEPT.
43. FIRE SPRINKLERS REQUIRED
(As noted on A1.0) An automatic residential fire sprinkler system shall be installed in
one- and two-family dwellings as follows: In all new one- and two-family dwellings
and in existing one-and two-family dwellings when additions are made that increase
the building area to more than 3,600 square feet. Exception: A one-time addition to an
existing building that does not total more than 1,000 square feet of building area.
NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if
any modification or upgrade of the existing water service is required. A State of
California licensed (C-16) Fire Protection Contractor shall submit plans, calculations,
a completed permit application and appropriate fees to this department for review
and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended
by CUPMC.
44. 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.
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45. 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.
46. 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.
SECTION VI: CONDITIONS ADMINISTERED BY CUPERTINO SANITARY DISTRICT
47. SEWER DEVELOPMENT AND TREATMENT PLANT CAPACITY FEES
During the Building Permit Phase,Sewer Development and Treatment Plant Capacity
Fees for a new single-family residence will be required.
48. ADDITIONAL FEES
During the Building Permit Phase, additional Connect,Engineering, &Inspection fees
will be required.
49. CUPERTINO SANITARY ANNUAL SERVICE CHARGES
Any proposed Single-Family Home and Secondary Dwelling will be added to the
Cupertino Sanitary Annual Service Charges.
50. CCTV REQUIREMENT
Owner shall CCTV existing lateral that is available for home and provide video to
District. The location of the two existing laterals on the parcel are located 34' away
from the left property line and 17' away from the right property line. The proposed
new two-story home should connect to the later that is 34' away from the left property
Resolution No.117 ASA-2019-008 June 11,2020
Page 16
line.If District deems the lateral to not be in adequate structural condition,owner may
be required to rehabilitate lateral or install new service lateral.
PASSED AND ADOPTED this 11th day of June, 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.
ATTEST: APPROVED:
if/(All
Ellen Yau Albert Salvador
Associate Planner Assistant Director of Community Development