10325 Beardon Drive RM-2022-032 Action Letter Comm . F lopme t De+jU,16Nij�4ITY DEVELOPMENT DEPARTMENT
PIE sion — upeFfANNING DIVISION
CUPERTINO wl.',-�'L"Number(s
ROVECITY HALL
Case # 22-03 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director/ Staff
Approval Date 11/16/22
Signature Danielle Condit
NovemWf MM22
WenHau Chen
10325 Beardon Drive
Cupertino, CA 95014
SUBJECT: Minor Residential— Application RM-2022-032
This letter confirms the decision of the Director of Community Development, given on
November 1, 2022, approving a Minor Residential Permit (RM-2022-032) to allow
approximately a 3 foot encroachment on the primary residence into the 20 foot rear yard
setback located at 10325 Beardon Drive,with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled 'Reardon Residence, 10325 Beardon Dr
Cupertino, CA 95014", consisting of eighteen (18) sheets labeled "A0.1, A0.3, A1.1, A1.2,
A1.2A, A2.0, A2.OA, A2.OB, A2.00, A2.1, A2.3, A3.0, A3.1, A3.2, A3.3, BMP PWD and T-
1" 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.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
10325 Beardon Drive Page 2 of 5
Community�e e�opment Department
PI;TWrgirgi ielrna4 CwM.rtynovith the requirements indicated on the Public Works
c u PE RT,N Q ConfirrT Dl(�M dated April 20, 2022, including, but not limited to, dedications,i
Case # easeR%t21yjzsdS�mprovements,undergrounding of utilities, all necessary agreements,
an 1-Mj:p-d=ortonsirelocations as deemed necessary by the Director of Public Works
and required for public health and safety.The Public Works Confirmation is a preliminary
Approval Body�egLrVct9Ad ggafAot an exhaustive review of the subject development. Additional
Approval Daterequli WW?s may be established and implemented during the construction permitting
Signature 11 ggWf� §C t project construction plans shall address these requirements with the
constructhimaa nit submittal, and all required improvements shall be completed to the
satisfaction of the Director of Public Works prior to final occupancy.
6. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original
approved plans. Final building exterior treatment plan (including but not limited to
details on exterior color, materials, architectural treatments, doors, windows, lighting
fixtures, and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits to ensure quality and
consistency. Any exterior changes determined to be substantial by the Director of
Community Development shall either require a modification to this permit or a new
permit based on the extent of the change.
7. 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.
8. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
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.
10325 Beardon Drive Page 3 of 5
Community�e e�opment Department
Planning UvOietii upj e r t i nonstruction, underground utility and demolition hours for
CUPERTINQ AppvRc0IVEIl)ne more than 750 feet away from residential areas shall be limited to
Case # RM-2 dMthrough Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to
Applicatio 1?,,ig,( bra tng, s ree construction, demolition or underground utility work
within 750 feet of residential areas shall not occur on Saturdays, Sundays,
Approval Body: DirectorOldgys, and during the nighttime period as defined in Section 10.48.053(b)of
Approval Date 11/16/4e Municipal Code.
Signature Danielle#,ong-ipnstruction activities shall be limited to Monday through Friday, 7 a.m. to 8
casepiaand 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
9. 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.
10. 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.
11. NOTICE OF FEES,DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
10325 Beardon Drive Page 4 of 5
Community�e e�opment Department
P I aThei FignQiekiisix no€Eiicoff.tt;Wroval set forth herein may include certain fees, dedication
c u P E RT,N Q requirerq pjpiR,OVtgvation requirements, and other exactions. Pursuant to Government
Case # Cod ��nn %6 &) (1), these Conditions constitute written notice of a statement of the
am(� a O&W ri eyes, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
Approval Bod%,P}r Wt*Ae fees, dedications, reservations, and other exactions, pursuant to
Approval DateGovIMNA Code Section 66020(a), has begun. If you fail to file a protest within this 90-
Signature g1dLEpgrjVA&pmplying with all of the requirements of Section 66020, you will be legally
barred f malabeirrchallenging 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 Minor Residential Permit
as required by Cupertino's Municipal Code, Chapter 19.28.140 (A).
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 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 as applicable.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (December 2, 2022, at 5:00 p.m.). If this
happens,you will be notified of a public hearing,which will be scheduled before the
Planning Commission.
10325 Beardon Drive Page 5 of 5
Commun ty�e e�lopment Department
PlSimmlrglp,ivision — Cupertino
tUPERTINO �*AP
Case# W- 3
aiA wON Mer(s)
Associate Planner
Approval BodyCiP�r f eW
Approva I Date 11/16/ 2
Signature iffadoliuemdit
Approlme8et
CC:AJS Designs Attn:Archana Jain, 1631 Villarita Drive. Campbell,CA 95008