Development and Construction Guidelines
The City of Cupertino Environmental Programs Division administers various requirements that must be included in new or redeveloped private commercial and multi-family housing projects. Covered projects include new construction, tenant improvements, and/or new or modified development use permits. These requirements are required to be implemented to conform with State stormwater pollution requirements and solid waste reduction and recycling mandates. Based on the scope of the project and existing site improvements, all or some of the requirements below must be included in the project submittal. Environmental Programs Division staff is available to explain and provide guidance concerning any of the required conditions of approval described below.
New PCBs Screening Mandates: Are you exempt?
As of January 24, 2019, applicants proposing to demolish a building must submit a PCBs (Polychlorinated biphenyls) Screening Assessment Form prior to obtaining a demolition permit. The Screening Form will determine if the building is likely to have materials containing PCBs. Structures built or remodeled between January 1, 1950 and January 1, 1981 may contain caulks/sealants, thermal/fiberglass insulation, adhesive/mastic, rubber window seals/gaskets with PCBs concentrations at or above 50 ppm that require abatement before demolition in accordance with state and federal laws.
Trash Enclosure Modification
All new buildings and all wet waste businesses (defined as a business that produces food, organic and/or liquid wastes) must include a covered trash enclosure to accommodate all waste containers. Properties with existing trash enclosures that do not have a roof, must include a roof covering the enclosure. Properties that do not have any trash enclosure must identify a suitable location and include the trash enclosure with the plan submittal. Trash enclosures for multiple tenant properties, such as a shopping center, must design the enclosure to accommodate all waste containers on the property. Please refer to the Guidelines for Non-Residential Building Trash and Recycling Enclosures or Guidelines for Multi-Family Dwelling (5 or more units) Trash and Recycling Enclosures specific to your project.
Waste Trios and Cigarette Urns
In keeping with the City’s goal of creating a pedestrian friendly community, waste trios and cigarette urns are required to be included with the project submittal. Waste trios are three, side-by-side waste containers which are clearly labeled Landfill, Recycling, and Compost. These receptacles are required to be located on private property adjacent to the sidewalk for use by the public and are maintained by the property owner as a component of the overall site maintenance program. Waste trios and cigarette urns must be designed for outdoor use, permanently affixed to the pavement, and have covers to prevent rainwater loading and scavenging animals. For multiple tenant retail centers, one trio set and cigarette urn satisfies the requirement for up to four adjacent businesses on one property.
Full Trash Capture Storm Drain Catch Basin Inserts
For projects located in medium and high trash management areas or adjacent to a creek, full trash capture storm drain catch basin inserts are required to be included in the project scope. Fueling stations, automotive, light industrial or other uses which may have fine particulate or liquid based pollutants (including cooking oils and grease) may require an additional media filter attached to the trash capture device for hydrocarbons and/or FOG (fats, oils, grease). Devices selected must be approved by the California State Regional Water Quality Control Board. A list of approved devices may be viewed here.
Topographical Storm Drain Map
Topographical flow maps, often found on the civil site plan sheets are required to be included with project submittal. The plans must clearly identify all storm drain inlets on the site, all storm drain lines and flow, and all connection points of the storm drain lines to the City’s storm drain system.
Storm Drain Inlet Markers
All exterior storm drain inlets on the property must be clearly marked with “No Dumping Flows to Creek” or “No Dumping Flows to Bay”.
The exterior use of copper for roofing materials, rain gutters, downspouts, or any ornamental enhancement is prohibited. Small copper adornments such as door handles or fence post caps are exempted, however, the City discourages exterior copper whenever possible due to copper oxidation contributing to stormwater runoff pollution.
Construction and Demolition Waste Recycling
All construction, demolition, and renovation projects are required to submit a completed Waste Management Plan demonstrating that a minimum of 65% of the waste material generated from the project. Pursuant to State of California law, the 65% minimum must be diverted; however, the City of Cupertino encourages a greater rate of diversion for projects in keeping with the City’s Zero Waste goal.
Restaurant and Food Establishment
California Assembly Bill 1826 mandates wet waste businesses to divert food waste from the landfill waste stream. All wet waste businesses, such as restaurants must identify on the plans, the location of all waste containers located within the food preparation area. Plans should include the capacity of the containers and be identified as “Food” and “Non-Food”.
Conditions of Approval
At the time of submittal, the project applicant must include a signed Environmental Programs Division Conditions of Approval for Tenant Improvements and Development. This document is designed to provide guidance to the applicant of what conditions must be planned for with the project. Many of the conditions are in common areas of larger retail areas. Any building permit application or development permit triggers the implementation of the above conditions and applicants are encouraged to discuss these required improvements with the property owner in advance of project submittal.