R-2020-016, RM-2020-010 Action LetterCITY OF
IM
CUPERTINO
September 30, 2020
Aditi Mukherjee
1448 S. Stelling Rd.
Cupertino, CA 95014
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION
LETTER - Application, R-2020-016, RM-2020-010
This letter confirms the decision of the Director of Community Development, given on
September 30, 2020 approving a Two Story Permit (R-2020-016) and Minor Residential
Permit (RM-2020-010) to allow for a new 4,391 square foot two story home with a new
second story balcony, located at 20713 Rodrigues Avenue, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "New Residence for Rajesh & Anamika Arora,
20713 Rodrigues Avenue, Cupertino, California, "consisting of fifteen (15) sheets labeled
"A-1, A-3, A-3.1, A-4, A-4.1, A-5, A-5.1, A-6, A-7, A-8, A-9, L-0, L-1, C1, TS," 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 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 property data may invalidate this approval and may require
additional review.
4. ATTACHED ACCESSORY DWELLING UNIT
In accordance with California Assembly Bill No. 68 and Cupertino Municipal Code
Chapter 19.112, the property in question, 20713 Rodrigues Avenue, is allowed to exceed
the required 45% Floor Area Ratio limitation due to the addition of an attached 750 square
foot Accessory Dwelling Unit. The principal unit is 4,391.8 square feet (44.9% Floor Area
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Ratio) with an added 750 square feet for the Accessory Dwelling Unit for a Floor Area
Ratio of 52% in total. This 750 square foot Accessory Dwelling Unit must remain
completely separated from the principal unit, with no interior doors or connections
between the two, and may not be converted to a part of the principal unit at any point in
the future.
5. 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.
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. 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.
8. 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.
9. 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.
10. FRONT YARD TREE COVENANT
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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.
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. 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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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) Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be visible
to ensure compliance with applicable regulations.
i) The applicant shall incorporate the City's construction best management practices
into the building permit plan set.
13. 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.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY
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 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
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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.
15. 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 a statement of the
amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government 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 Section 66020, you will be legally
barred from later challenging such exactions.
Please note that if this permit is not vested within a year, it shall expire on September
30, 2021.
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Staff received three comments from two adjacent property owners and one non -adjacent
property owner who is located nearby in the neighborhood. One neighbor had concerns
regarding the nearness of the side yard setbacks and inquiries regarding privacy
mitigation requirements. Staff explained that the applicant is proposing an attached ADU
which may be located as close as 4 feet from the side and rear property lines and in
addition was proposing a bay window which may encroach up to 3 feet into the required
setback but not closer than 3 feet from any property line. Additionally, staff explained
how the only privacy planting requirements indicated in the Code are currently only
applicable to second story windows. The two remaining neighbors had similar concerns
regarding privacy, massing, and design of the project especially in contrast to many of the
existing single story homes. Staff explained that the project has gone through the
Residential Design Review process in consultation with the City's consultant architects
and has addressed all of their comments. In addition, the consultants deemed the massing
of the design to be appropriate in scale in relation to the immediately neighboring homes
on Rodrigues Ave. Staff explained that the applicant is proposing larger rear yard setbacks
for both the first and second story (a proposed 25' 8" for the required 20' first story setback
and a proposed 35' 9" for the required 25' second story setback). In addition, staff
explained that the applicant is proposing the appropriate number of privacy plantings per
the City's Code, and is specifically proposing seven Grecian laurels along the rear
property line as well as nine Victorian Boxes along the western property line and three
along the eastern property line in order to mitigate the privacy impacts. Staff explained
that the approved privacy plantings were chosen in consultation with a certified arborist
to provide substantial screening all year round and grow quickly to mitigate privacy
impacts as quickly as possible. Staff offered to connect the commenters with the applicant
and made the applicant aware of said comments but discussion was initiated that resulted
in any change to the plan set.
Staff has made all the findings that are required for approval of a 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 (A) and (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.
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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 and is found to be 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 setback conformance.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (October 14, 2020 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 convenience and to ensure
your health and safety during the COVID pandemic (also available online at:
www.cupertino.org/planningforms.) The completed appeal form and filing fee must
be received by the deadline to appeal and may be submitted in one of the following
ways:
Preferred: Email the completed form to cityclerk@cupertino.org and call (408)
777-3223 between 7:30AM - 5:30PM (M-Th) and 7:30AM - 4:30PM (F) to arrange
for payment by credit card.
2. Other options:
a. Mail the completed form and a check in the amount of $277 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,
Lauren Ninkovich
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
20713 Rodrigues Ave.
R-2020-016, RM-2020-010
CC: Rajesh and Anamika Arora, 20846 Cherryland Dr, Cupertino, CA
Robert Lopes, 20724 Sunrise Dr, Cupertino, CA 95014
Emily Sung, 20699 Rodrigues Ave, Cupertino, CA 95014
Gregg Mahurin, 20725 Sunrise Dr, Cupertino, CA 95014
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