R-2022-012, RM-2022-006 Action Letter Commur-07,F)ovelopmerit Department
COMMUNITY DEVELOPMENT DEPARTMENT
PIWROVFD
sion — EupeKAN NING DIVISION
�CUPERTINO Case # _0�2 CITY HALL
E AVENUE • CUPERTINO, CA 95014-3255
TIWFYy TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
Approval BodyUaFRT IINirector�C�taff CUPERTINO.ORG
Approva I Date 12/07/22
Signature Emi Suqiyama
Decem1r8$'/m,'M22
Shweta Singh
19925 Stevens Creeks Boulevard Suite 100
Cupertino, CA 95014
contact@openremodel.com
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION
LETTER—Application R-2022-012,RM-2022-006
This letter confirms the decision of the Director of Community Development, given on
December 7, 2022 approving a Two-Story Permit (R-2022-012) to allow for a 549-square-
foot second story addition to an existing single-family residence and Minor Residential
Permit (RM-2022-006) to allow a second story balcony located at 19772 Wheaton Drive,
with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Kaiksatam Residence Remodel",
consisting of 14 plan sheets labeled "A1.0 through A11.0, C1.0 to C2.0, and 222032
EXHIBIT" 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with all requirements of the Public Works Department,
including, but not limited to, dedications, easements, off-site improvements,
undergrounding of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and
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Commune y�eVeopmen�t��epartment
P I a n n rngtDivfrt Fonpu�r1ltiaand safety.The Public Works Confirmation is a preliminary
CUPERTINQ reviA`pp,R-&tspnot an exhaustive review of the subject development. Additional
Case # � tj2,may be established and implemented during the construction
ss. 7ffe pro-J-e-cT construction plans shall address these requirements
with the construction permit submittal, and all required improvements shall be
Approval Body: DN- Ekg he satisfaction of the Director of Public Works prior to final occupancy.
Approval Date 12/07/22
Signature Ppn; TATION WITH OTHER DEPARTMENTS
ecgq IgQgV 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.
6. 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.
7. 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.
8. 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.
9. 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.
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 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
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Communi y�eVe opmen�t��epartment
P I a n n OWDii,;r,-iL w-1CPu,V&,ai na)r Prescriptive Compliance Application shall be reviewed
cuPERTIno andAgppR0Vtb)the satisfaction of the Director of Community Development prior to
Case # ikun2i2g6l gilding permits, and additional requirements per sections 14.15.040 D,E,
, and I will be required to be reviewed and approved
prior to final inspections.
Approval Body: Director/Staff
Approva I Date11. TMIMOR BUILDING MATERIALS/TREATMENTS
Signature Emi%Mjbuilding exterior plan shall closely resemble the details shown on the original
app,r.q , @,ns. Pmal 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.
12. 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 issuance of final demolition permits.
13. 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 exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) 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) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c) All visible mud or dirt track-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.
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Communi y�eVe4opmen�t�bepartment
P I a n n i ng)D i:l�Ih i any stEV*,at i eqiuipment shall be maintained and properly tuned in
c U PE RT,N Q ApPWOM'U with manufacturer's specifications. All equipment shall be checked
Case # R-2 611ified mechanic and determined to be running in proper condition prior
a n.
h) Post a publicly visible sign with the telephone number and person to contact at
Approval Body: Direct%%§kff Agency regarding dust complaints.This person shall respond and take
Approval Date 11 2/07M?rective action within 48 hours. The Air District's phone number shall also be
Signature Emi Sugiyble to ensure compliance with applicable regulations.
i)canplicant shall incorporate the City's construction best management
practices into the building permit plan set.
14. 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.
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
15. 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
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Communi y�eVeopmen�t��epartment
P I a n n,*rmgtDi*&o*i+eC.uTOwtO1dicant shall provide all documentation required to determine
cuPERT,No comRPpR-GVLi61 the Municipal Code.
Case # R-2022-012,
TTIZOt
Prior to issuance of the any demolition, grading, or building permit, include on all
Approval Body: DW@StRfyI§Wthe full text of each of the Bay Area Air Quality Management District's
Approval Date A&URntrol Measures from the latest version of BAAQMD's CEQA Air Quality
Signature Emi GWAghws, as subsequently revised, supplemented, or replaced, to control fugitive
dus(#-,dm,apnvticulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
17. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less)for interior and exterior wall architectural coatings.
18. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground-disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31),if feasible.
b. If demolition, construction, ground-disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground-
disturbing, or tree removal/pruning activities,in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground-disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb
the nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
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R-2 i 22-112 I 01-2022-(�0�
Communi y eVe opmen epartment
Planning Division —3DQ pq i.n-deet, or the removal of up to three trees,the property owner
CUPERTINQ APPROVEDr a tree removal contractor, if necessary, is permitted to conduct the
Case # R-2022-012preconstruction surveys to identify if there are any active nests. If any
a tive nests with eggs or young birds are identified, the project
Approval Body: Director/Staff applicant shall retain a qualified ornithologist or biologist to identify
Approval Date
12/07/22 protective measures.
or any o er emolition, construction and ground disturbing activity
Signature Emi Sugiyama
Case Manager or f four or more trees, a qualified ornithologist or
biologist shall be retained by the project applicant to conduct the
preconstruction surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground-
disturbing or tree removal/pruning activities, no further mitigating action is
required.If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests
no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable fencing,
such as orange construction fencing or equivalent) around each nest location
as determined by the qualified ornithologist or biologist, taking into account
the species of birds nesting, their tolerance for disturbance and proximity to
existing development.In general,exclusion zones shall be a minimum of 300
feet for raptors and 75 feet for passerines and other birds. The active nest
within an exclusion zone shall be monitored on a weekly basis throughout
the nesting season to identify signs of disturbance and confirm nesting status.
The radius of an exclusion zone may be increased by the qualified
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
V. A final report on nesting birds and raptors, including survey methodology,
survey date(s), map of identified active nests (if any), and protection
measures (if required), shall be prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his or
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R-2 i 22-112 I 01-2022-(�0�
Communi y eVe opmen epartment
Planning D iv i ssin {lUpefti n6hrough the appropriate permit review process (e.g.,
C u P E RT i n o A p p Rb*pbtion, construction, tree removal, etc.), and be completed to the
Case # R-20224tilslaction of the Community Development Director prior to the start of
a ion, construction, ground-disturbing, or tree removal/pruning
ti ties.
Approval Body: Director/ taw
Approval Date 12/07/22
19. tQQT !AL RK ES AND TRIBAL CULTURAL RESOURCES
Signature Emi� iy ma, _ issuance of - ttemolition, grading or building permit involving soil
Case Manager
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming that
contractors and construction crews have been notified of basic archaeological site
indicators, the potential for discovery of archaeological resources, laws pertaining to
these resources, and procedures for protecting these resources as follows:
a. Basic archaeological site indicators that may include,but are not limited to,darker
than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire
affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials,
either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural
resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease.
ii. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit,and assessment of the remainder of the site within the project area
to determine whether the resource is significant and would be affected by the
project.
iii. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California
Department of Parks and Recreation forms by a qualified archaeologist. If the
resource is a tribal cultural resource,the consulting archaeologist shall consult
with the appropriate tribe, as determined by the Native American Heritage
Commission, to evaluate the significance of the resource and to recommend
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Communi y�eVe4opmen�t�bepartment
Planning D i v i si re pe rti-mlo feasible avoidance, testing, preservation or mitigation
CUPERTINO App� VPpes, in light of factors such as the significance of the find, proposed
Case # R-202"jQt design,costs,and other considerations.The archeologist shall perform
a uation in consultation with the tribe.
Approval BodyDate20 L-rLe�T J/aT REMAINS AND NATIVE AMERICAN BURIALS
Approval Date T<
Prior to issuance the any demolition,grading and building permits that involve soil
Signature Emi �u i ma _,_ _ _
�.11—M sa note that, during project construction, the project
Case Manager
applicant shall comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100-foot radius
of the remains, or any nearby area reasonably suspected to overlie adjacent
remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a
determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to
his authority, he shall notify the Native American Heritage Commission
(NAHC)within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of
the deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to
make recommendations or preferences regarding the disposition of the remains.
If the Most Likely Descendant does not make recommendations within 48 hours
after being allowed access to the project site, the owner shall, with appropriate
dignity, reinter the remains in an area of the property secure from further
disturbance and provide documentation about this determination and the
location of the remains to the NAHC and the City of Cupertino.Alternatively,if
the owner does not accept the Most Likely Descendant's recommendations, the
owner or the descendent may request mediation by the NAHC. Construction
shall halt until the mediation has concluded.
21. STORMWATER RUNOFF CONTAMINATION
Prior to issuance of any grading or building permits, the project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and
Watershed Protection)of the Cupertino Municipal Code,to the satisfaction of the City
Engineer or his or her designee. All identified stormwater runoff control measures
shall be included in the applicable construction documents.
22. NOISE AND VIBRATION NOTICE
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Communi y�eVe4opmen�t�bepartment
P I a n n:*N1O(DKtRi 3,sC pe rtti Hw start of any demolition,ground disturbing,or construction
CUPERTIn0 actiAPROV poject applicant/contractor shall send notices of the planned activity by
Case # fPs21J "gas follows:
a s on sites that are more than 0.5 acres or four or more residential units
Approval Body: Director/gtaes shall be sent to off-site businesses and residents within 500 feet of the
Approval Date 12/07N�2lect site;
b. for jects on sites betw en 0.25 to 0.5 acres, or two or three residential units
Signature Emi Su i ma Dwelling Units) notices shall be sent to off-site
Case Manager
businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off-site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project,the activities that would
occur, the hours when activity would occur, and the construction period's overall
duration. The notification should include the telephone numbers of the contractor's
authorized representatives that are assigned to respond in the event of a noise or
vibration complaint. The City will provide mailing addresses for the Applicant's use.
The project applicant shall provide the City with evidence of mailing of the notice,
upon request. If pile driving, see additional noticing requirements below.
23. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of construction activities, the project
applicant/contractor shall ensure that a sign shall be posted at the entrance(s) to the
job site, clearly visible to the public, which includes permitted construction days and
hours, as well as the telephone numbers of the City's and contractor's authorized
representatives that are assigned to respond in the event of a noise or vibration
complaint. If the authorized contractor's representative receives a complaint, they
shall investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
24. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant
to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code.
The details of the Construction Noise Control Plan shall be included in the
applicable construction documents and implemented by the on-site
Construction Manager. Noise reduction measures selected and implemented
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Communi y�eVe4opmen�t�bepartment
Planning D ivW olhbe Oarorbitmthe type of construction equipment used on the site,distance
C U PE RTC N Q A P Rk( kypMruction activities from sensitive receptor(s), site terrain, and other
Case # R-202t�-�r2s on and surrounding the site (e.g., trees, built environment) and may
a ut not be limited to,temporary construction noise attenuation walls,
Approval Body: Director/ikt #uality mufflers. During the entire active construction period, the
Approval Date
12/07/construction Noise Control Plan shall demonstrate that compliance with the
specified noise co quirements for construction equipment and tools will
Signature Emi Su�iyam ce eons trttetierrnoise in compliance with the City's daytime and nighttime
Case Manager
decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior
to the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on-site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling.All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use
of noise producing signals,including horns,whistles,alarms,and bells will be
for safety warning purposes only. The construction manager will use smart
back-up alarms, which automatically adjust the alarm level based on the
background noise level or switch off back-up alarms and replace with human
spotters in compliance with all safety requirements and law.
25. PALEONTOLOGICAL RESOURCES
Prior to issuance of the any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall implement the
following measures:
a. If paleontological resources are encountered during ground disturbing and/or
other construction activities, all construction shall be temporarily halted or
redirected to allow a qualified paleontologist, which shall be retained by the
project applicant,to assess the find for significance and the Applicant shall notify
the City.
b. If paleontological resources are found to be significant, the paleontological
monitor shall determine appropriate actions, in coordination with a qualified
paleontologist,City staff,and property owner.Appropriate actions may include,
but are not limited to, a mitigation plan formulated pursuant to guidelines
developed by the Society of Vertebrate Paleontology and implemented to
appropriately protect the significance of the resource by preservation,
documentation, and/or removal, prior to recommencing activities. Measures
may include, but are not limited to, salvage of unearthed fossil remains and/or
traces (e.g., tracks, trails,burrows); screen washing to recover small specimens;
19772 Wheaton Drive Page 11 of 13
Communi y�eVe4opmen�t�bepartment
Planning DiWe0na-4cGup6rtiihmged fossils to a point of being ready for curation (e.g.,
cuPERTCno AiPRIOV p)f enclosing matrix, stabilization and repair of specimens, and
Case # R-2022is M2tion of reinforced support cradles); and identification, cataloging,
A d provision for repository storage of prepared fossil specimens.
Approval Body: Director/Staff
26. I��I;I��1 IIFICATION
Approva I Date As par t of tf IV��� applica tivi L, to LL Le fullest extent permitted by law, the applicant shall
Signature Emi an!-lomniflT llofQpj XATi{�the attorneys of the Cit 's choice, and hold harmless
Y Y
the(6 y,a eCity 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.
27. 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. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
19772 Wheaton Drive Page 12 of 13
Communi y�eVe4opmen�t�bepartment
P I a n n engtDiiQaaem h efC O e r bimwnt of such fees, and a description of the dedications,
CUPERTINQ reseA ip0,*MpDd other exactions. You are hereby further notified that the 90-day
Case # zRpIO2�-Dr�)d in which you may protest these fees, dedications, reservations, and
MA!W1%W,AWWursuanT to GUvernment Code Section 66020(a),has begun. If you fail
to file a protest within this 90-day period complying with all of the requirements of
Approva I Body: Dg@_qJRA&; o you will be legally barred from later challenging such exactions.
Approval Date 12/07/22
Signature ' s I S athat if this permit is not vested within a year, it shall expire on December
r *Case Manager
Staff has made all the findings that are required for approval of a Two-Story Permit and
Minor Residential Permit as required and no additional conditions were placed as a
condition for approval 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 R1-7.5 (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 installation of a front-yard tree as required by the R-1 Ordinance
and additional privacy plantings to screen the windows that have sill heights of 5-feet
or less and to second story balcony.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter(Wednesday, December 21,2022 at 5:00 p.m.).
If this happens, you will be notified of a public hearing, which will be scheduled
before the Planning Commission.Please find a copy of the appeal form attached for your
19772 Wheaton Drive Page 13 of 13
Communi y�eVe4opmen�t�bepartment
Plarn nim,.giDi isi —tEupeuctinpour health and safety during the COVID pandemic (also
CUPERTINQ availablAppkeWnwww.cupertino.orgZplannin fg orms.) The completed appeal form and
Case # filinf %�2 received by the deadline to appeal and may be submitted in one of the
0
1 'ref� rtec Email the completed form to cityclerk@cul2ertino.org and call(408)
Approval Body: Direc or a
Approval Date 12072F23 between 7:30AM-5:30PM (M-Th) and 7:30AM-4:30PM (F)to arrange
Signature Emi Su i ama
2. j,q ons:
a. Mail the completed form and a check in the amount of$347 to Attn: City
Clerk, City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Obtain an appointment to file the appeal by contacting the City Clerk by
email or phone (see contact information above).
Please contact the City Clerk's office for additional guidance and instructions on how to
file.
Sincerely,
/s/
Emi Sugiyama
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Sumit Naiksatam
19772 Wheaton Drive
Cupertino, CA 95014