10631 Stokes Ave R-2022-009 Action Letter Comm . F lopme t De+jU,16Nij�4ITY DEVELOPMENT DEPARTMENT
PI , sion — upeFfANNING DIVISION
cuPeRTino 4RPROVE
CITY HALL
Case # -009 1 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director/ Staff
Approval Date 11/15/22
Signature Danielle Condit
NovemWf'Y;a2
Todd and Susan Bergstrom
10631Stokes Avenue
Cupertino, CA 95014
SUBJECT: TWO-STORY PERMIT—Application R-2022-009
This letter confirms the decision of the Director of Community Development, given on
November 1, 2022, approving a Two-Story Permit (R-2022-009) to allow the construction
of a new two-story single-family residence, with attached two-car garage and detached
ADU located at 10631Stokes Avenue,with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled 'Bergstrom Residence, New Single Family
Residence,10631 Stokes Ave,Cupertino,CA",consisting of twenty-five(25)sheets labeled
"A0.0, A0.1, A0.2a, A0.2b, A0.3, A0.4, A1.0, A2.1a, A2.1b, A2.1c, A2.2a, A2.2b, A2.2c,
A3.0a, A3.0b, A3.0c, A3.1a, A3.1b, A4.0, A4.1, A5.0a, A5.0b, C.0, L1.0 and L2.0" except as
may be amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3. ACCURACY OF THE 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 property data may invalidate this approval and may require
additional review.
4. 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.
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Communi y evelopment Department
P15nnW?0WM4 tIMbBLIC WORKS CONFIRMATION FORM
CUPERTINQ The prAjpptRdV@Dcomply with the requirements indicated on the Public Works
Case # Con
�rrx�0tn dated April 20, 2022, including, but not limited to, dedications,
eas%Wp q4 - SJmprovemen s,undergrounding of utilities, all necessary agreements,
and utility installations/relocations as deemed necessary by the Director of Public Works
Approval Bod%rQiF@gWe/i %blic health and safety.The Public Works Confirmation is a preliminary
Approval DaterevigA4I W4 is not an exhaustive review of the subject development. Additional
Signature MqMeWtM# may be established and implemented during the construction permitting
processcanject construction plans shall address these requirements with the
construction permit submittal, and all required improvements shall be completed to the
satisfaction of the Director of Public Works prior to final occupancy.
6. PRIVACY PLANTING
The final privacy planting plan shall be reviewed and approved by the Planning Division
prior to issuance of building permits. The variety, size, and planting distance shall be
consistent with the City's requirements.
7. 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.
8. FRONT YARD TREE
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.The front yard tree shall be a minimum 24-inch box and 6 feet planted height
and otherwise be consistent with the City's requirements.
9. FRONT YARD TREE COVENANT
The property owner shall record a covenant on this property with the Santa Clara County
Recorder's Office that requires the retention and maintenance of the required front yard
tree. 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.
10. LANDSCAPE PROJECT 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 2,500 square feet or more. The Landscape
Documentation Package shall be reviewed and approved to the satisfaction of the Director
of Community Development prior to issuance of building permits, and additional
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Communi y evelopment Department
Pl E, F, G, H, and I will be required to be reviewed and
c U P E RT,N Q approvopi�ro-ft anal inspections.
Case # &_a— .,9TT1=91NGN4 :f DIALS/TREATMENTS
%iA t Catio`n Num er s
The final building exterior plan shall closely resemble the details shown on the original
Approval BodyaP'uwcYtdrprl&ka#f'Final building exterior treatment plan (including but not limited to
Approval Datedeta1l'W1f5Y2cterior color, materials, architectural treatments, doors, windows, lighting
Signature &§a%s,gpSWor embellishments) shall be reviewed and approved by the Director of
ommq Aj,p opment prior to issuance of building permits to ensure quality and
consistency. Any exterior changes determined to be substantial by the Director of
Community Development shall either require a modification to this permit or a new
permit based on the extent of the change.
12. DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving the
site:
a. Water all active construction areas at least twice daily and more often during
windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be
kept damp at all times, or shall be treated with non-toxic stabilizers or dust
palliatives.
b. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least 2 feet of freeboard;
c. Pave,apply water at least three times daily,or apply(non-toxic)soil stabilizers
on all unpaved access roads, parking areas and staging areas at construction
sites.
d. Sweep streets daily, or more often if necessary (preferably with water
sweepers) if visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management
practices into the building permit plan set.
13. DARK SKY COMPLIANCE
Prior to issuance of Building Permits,the applicant/property owner shall submit final
plans in compliance with the approved lighting plans to comply with development
standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said
changes must be reviewed and approved by the Director of Community Development
or their designee.The applicant shall provide all documentation required to determine
compliance with the Municipal Code.
14. BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved plans to comply with development standards of
Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements. In
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Communi y evelopment Department
P I Alma rr giD ieXwiiW-s-Au pwpivwd from the approved plans, said changes must be reviewed
c U PE RT,N Q and apA Rd) 1�Dthe Director of Community Development or their designee. The
Case # applka2b2�aboovide all necessary documentation required to determine compliance
wi tVPI i?a i 1�b1P o i I e.
Approval Body: Director/ Staff
Approval Date15. ( RAUZ2G AND CONSTRUCTION HOURS AND NOISE LIMITS
Signature Danielle ton` jl grading activities shall be limited to the dry season(April 15 to October 1),
Cas.MWW permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements
of Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for
work done more than 750 feet away from residential areas shall be limited to
Monday through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
6 p.m. Grading, street construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
holidays, and during the nighttime period as defined in Section 10.48.053(b)of
the Municipal Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m.and Saturday and Sunday,9 a.m.to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.Night
time construction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of an
applicant appointed disturbance coordinator, shall be posted in a prominent
location at the entrance to the job site.
f. The applicant shall be responsible for educating all contractors and
subcontractors of said construction restrictions.
The applicant shall comply with the above grading and construction hours and noise limit
requirements unless otherwise indicated
16. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless
the City, its City Council, and its officers, employees and agents (collectively, the
"indemnified parties") from and against any claim, action, or proceeding brought by a
third party against one or more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution or any
permit or approval authorized hereby for the project, including (without limitation)
reimbursing the City its actual attorneys' fees and costs incurred in defense of the
litigation.The applicant shall pay such attorneys' fees and costs within 30 days following
receipt of invoices from City.Such attorneys'fees and costs shall include amounts paid to
counsel not otherwise employed as City staff and shall include City Attorney time and
overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City.
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Communi y evelopment Department
PIdrr�nN 'D[QEsi(a1hRiE6pRfMGATIONS, RESERVATIONS OR OTHER EXACTIONS
CUPERTINQ The CorAcp.�B `[Yroject Approval set forth herein may include certain fees, dedication
Case # requKve �slop3oervation requirements, and other exactions. Pursuant to Government
° N bRll� fthese Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other
Approval Bod%kxQj 9.r* e hereby further notified that the 90-day approval period in which you
Approval Datemayl�xlo`�e these fees, dedications, reservations, and other exactions, pursuant to
Signature giff- 1# Code Section 66020(a),has begun. If you fail to file a protest within this 90-
day peldedwomplying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
Please note that if this permit is not vested within a year of the approval date on this
letter the permit will expire.
Staff has made all the findings that are required for approval of a Two-Story Permit and
a Minor Residential Permit as required by Cupertino's Municipal Code,Chapter 19.28.140
(B).
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purposes of this title.
The proposed project is consistent with the General Plan as the project is within the Low
Density land use area. There are no applicable specific plans that affect the project. The
project has been found to be consistent with the requirements of Cupertino Municipal
Code Chapter 19.28 Single Family(R-1)Residential.
2. The granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health, safety or
welfare.
The granting of the permit will not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare as the projects is located within the R1-10 (Single Family Residential)
zoning district, and will be compatible with the surrounding uses of the neighborhood.
3. The proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single family homes.The
proposed project maintains the single family home scale found compatible with the
general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through adherence to the privacy protection measures of the R-1 Ordinance.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (November 15, 2022, at 5:00 p.m.). If this
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Communi yuevelopment Department
Plkapip%i liyir$iaovtr44Gepmtti%e of a public hearing,which will be scheduled before the
CUPERTINO Planni �j*on.
Case# R-2022-009
1TWP ffj yi,Pon Numbers)
Approva 1Body al 6e -
Approva I DatenJAJJ K�,jjf
Signature aiaGiJR1&Mner
City of feu
Enclosures:
Approved Plan Set
CC:Studio S Squared Architecture,Inc.Attn:Alessandra Brown,1000 S.Winchester Blvd.San Jose,
CA 95128