R-2020-011 Action Letter CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
September 30, 2020
Michelle Miner
18488 Prospect Road #6
Saratoga, CA 95070
SUBJECT: DESIGN REVIEW PERMIT ACTION LETTER—Application R-2020-011
This letter confirms the decision of the Director of Community Development, given on
September 30, 2020 approving a Design Review Permit (R-2020-011) to allow to allow for
the construction of a new 4,417 square-foot two-story residence with a second-story
interior side-yard setback less than 15' and a 623 square-foot attached accessory dwelling
unit located at 10345 Ann Arbor Avenue,with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Mohit and Nidi Gupta, 10345 Ann Arbor
Ave., Cupertino, CA 95014", consisting of eleven (11) sheets labeled "1, Boundary and
Topographic Survey,3 through 10,and V9(Landscape Plans),"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 the requirements indicated on the Public Works
Confirmation form dated May 14, 2020, 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 required for public health and safety.The Public Works Confirmation is a preliminary
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review, and is not an exhaustive review of the subject development. Additional
requirements may be established and implemented during the construction permitting
process. The project 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.
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. 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
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.
7. 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.
8. 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.
9. 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.
10. 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
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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.
11. 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.
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 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.
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.
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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. INDEMNIFICATION
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 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
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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.
16. 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.
Staff received public comments from two property owners who: (1) expressed concerns
regarding privacy impacts from the proposed first-floor and second-floor windows and
(2) requested that the subject property owner construct a new fence along the property
line. Staff recorded the public comments, shared the comments with the subject property
owners/applicant, and responded to the commenters.
The project complies with the Single-Family Ordinance (CMC Chapter 19.28), which
requires privacy plantings to be installed for second-story windows with windowsills
under 5' that have views into adjacent properties. The privacy plantings are required to
be installed prior to final occupancy of the new home and will be protected and properly
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maintained for the life of the property by a covenant that is recorded with Santa Clara
County.
Furthermore,the subject property owner has voluntarily agreed to construct a new fence
on the property line per the specific request of each commenter.While the new residential
fence is not required by the Cupertino Municipal Code,the height and location of the new
fence shall comply with the Fence Ordinance(CMC 19.48).Any potential issues regarding
the proposed fence that are outside of the applicability of the Fence Ordinance would be
considered a civil matter between property owners.
Staff has made all the findings that are required for approval of a Residential Design
Review Permit as required and no additional conditions were placed as a condition for
approval by Cupertino's Municipal Code, Chapter 19.28.140 (C).
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. The project is consistent with the two-story design principles and generally consistent with
the single-family residential design guidelines.
The proposed project is consistent with the two-story design principles as well as the
single-family residential design guidelines through the identification of an architectural
style and incorporation of fagade articulation, high quality materials, and appropriate
design features.
5. 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 Single-Family Residential
Ordinance.
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An appeal of this decision can be made within fourteen (14) calendar days from the
date of this letter(Wednesday,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.cul2ertino.org/121anningforms.) 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:
1. 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,
,n ®
Erika Poveda
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Mohit Gupta, 10345 Ann Arbor Avenue,Cupertino,CA 95014
Vickie Wilms, 10340 Castine Avenue,Cupertino,CA 95014
Leela Srinivasan, 10325 Ann Arbor Avenue,Cupertino,CA 95014