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7632 Normandy Way R-2022-031 Action Letter Comm . F lopme t De+jU,16Nij�4ITY DEVELOPMENT DEPARTMENT PI , sion — upeFfANNING DIVISION cuPeRTino 4RPROVE CITY HALL Case # -031 1 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO CUPERTINO.ORG Approval Body: Director/ Staff Approva I Date 08/28/23 Signature Danielle Condit June 8, ,3 anager Haosheng Wang&Wenyan Ma 7632 Normandy Way Cupertino, CA 95014 haoshengwang22@gmail.com SUBJECT: TWO-STORY PERMIT-Application R-2022-031 This letter confirms the decision of the Director of Community Development, given on June 8, 2023, approving a Two-Story Permit (R-2022-031) to allow the construction of a new two-story single-family residence, with an attached two-car garage and detached Accessory Dwelling Unit located at 7632 Normandy Way,with the following conditions: 1. APPROVED EXHIBITS The approval is based on a plan set entitled "Wang Residence, 7632 Normandy Way Cupertino, CA 95014",consisting of twenty-nine(29)sheets labeled"A0.1,A0.2,A1.1, A1.2, A2.1 thru A2.3, A3.1 thru A3.5, A4.1, C-1 thru C-7, CG, L1.0 thru, L4.0, and T1" 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. 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. 7632 Normandy Way Page 2 of 9 CommMYFb velopment Department P 15n n W?0IVLd&1h1 t MTdBLIC WORKS CONFIRMATION FORM CUPERT,NQ TheAppk6V#Ull comply with the requirements indicated on the Public Works Case # CW form dated April 20, 2022, including, but not limited to, dedications, R t&b,q -si e improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director Approval Body: D&OR`1546SAAArks and required for public health and safety. The Public Works Approval Date IM*ration is a preliminary review, and is not an exhaustive review of the subject Signature Dan&&daMent. Additional requirements may be established and implemented during the cewb; ion 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. 6. PRIVACY WINDOW TREATMENTS A combination of high sill windows,frosted glass and window frame design will serve as privacy window treatments as illustrated on elevation sheets A3.1 and A3.2— depicted on the rear (south) elevation, left (west) elevation and right (east) elevation shall be permanent for the life of the structure. Any changes to the privacy window treatments determined to be substantial by the Director of Community Development shall require a modification to this permit. 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(existing Cedar to remain)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 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 7632 Normandy Way Page 3 of 9 CommMYFb velopment Department PlannfngnDOsibt7'ee.C-Upeptiniise language will be subject to approval by the Director of c u PE RT,N o CorrApp RIMS gyelopment. Proof of recordation must be submitted to the Community Case # WvFft2i LL Department prior to final occupancy of the residence. Application Number(s) 11. LANDSCAPE PROTECT SUBMITTAL Approval Body: DI daoto/ista€fnce of building permits, the applicant shall submit a full Landscape Approval Date Uadffi3itation Package, per sections 14.15.050 A, B, C, and D of the Landscape d� e,for projects with landscape area 2,500 square feet or more.The Landscape Signature Danige ocgWWWA9n Package s a e reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 12. FENCES The location of all fences on the site shall be indicated on building permit plans, comply with Chapter 19.48, Fences, of the Cupertino Municipal Code, and must be reviewed and approved prior to issuance of building permits. 13. STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS Prior to issuance of any grading or building permits, the project applicant shall demonstrate compliance with Chapter 17.04 (Standard Environmental Protection Requirements) of the Cupertino Municipal Code, to the satisfaction of the Planning Director or his or her designee. All applicable environmental protection requirement measures shall be included in the applicable construction documents. 14. BAY AREA AIR QUALITY MANAGEMENT DISTRICT(BAAQMD) Applicants for residential and/or other sensitive land use projects (e.g., hospitals, nursing homes, day care centers) must state in the applicable construction document where the site is located on the Bay Area Air Quality Management District(BAAQMD) Planning Healthy Places Map, as subsequently revised, supplemented, or replaced. This property is located in the"Implement Best Practices," area of the BAAQMD map. The project applicant shall implement, and include in applicable construction documents,the following best practices identified in the BAAQMD Planning Healthy Places Guidebook: a. Install air filters rated at a MERV 13 or higher. b. Locate operable windows,balconies,and building air intakes as far away from any emission source as is feasible. c. Incorporate solid barriers or dense rows of trees in a minimum planter width of 5 feet per row of trees between the residential and/or sensitive land use, and the emissions source into site design. d. Do not locate residential and/or sensitive land use on the ground floor units of buildings near non-elevated sources(e.g.,ground level heavily traveled roadways and freeways). The project applicant shall include the applicable measures identified above, in the applicable construction documents prior to approval of the project. Specifically, the 7632 Normandy Way Page 4 of 9 CornmMYFb veloprnent Department P I a n n erAg ip i.vkdoih�44w; t-r$BRV filter requirements shall be included on all applicable c u P E RT,N o con Apni(yV Ejcuments submitted to the City and verified by the City's Planning Case # Y�`-':�b22-031 Ap Iication Numbers 15. MOISE AND VIBRATION PERMIT REQUIREMENTS Approva I Body: DiMbta tA6tl#s prior to the start of any demolition,ground disturbing,or construction Approva I Date Rffi2aQ3, the project applicant shall send notices of the planned activity by first class Signature Danijj��Allows: For VA9jqgX§Op sites less than U.2b 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 project applicant shall provide the City with evidence of mailing of the notice, upon request. If pile driving, see additional noticing requirements in subsection 3(b)below. a. At least 10 days prior to the start of construction activities, 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 action to the City within three business days of receiving the complaint. 16. 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: c. 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. d. 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: 7632 Normandy Way Page 5 of 9 CommMYFb velopment Department P l a n n,�ng]Di,-vigMq)jc Et Motti squire the demolition or construction one single-family c U PE RT,N o jNp*GLVF Vround disturbing activities affecting areas of up to 500 square feet, or Case # R4nTr31al of up to three trees, the property owner or a tree removal contractor, App13tAR%96RN9 is permitted o conduct the preconstruction surveys to identify if there are any active nests.If any active nests with eggs or young birds are identified,the Approval Body: Direc 96j4d5t#�plicant shall retain a qualified ornithologist or biologist to identify Approval Date 08/?ARective measures. Signature DanAllebmaly other demolition, construction and ground disturbing activity or the ftmVw&eof four or more trees, a qualified ornithologist or biologist shall be retained by the project applicant to conduct the preconstruction surveys. g. 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. h. 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. i. 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 her designee, through the appropriate permit review process(e.g.,demolition,construction,tree removal, etc.), and be completed to the satisfaction of the Community Development Director prior to the start of demolition, construction, ground- disturbing, or tree removal/pruning activities. 7632 Normandy Way Page 6 of 9 Comm&Hib velopment Department PIdFinFny�TOK108ffit YLob&lrA6ATERIALS/TREATMENTS cUPERT,NQ TheAjpp_gVL3Jjyg exterior plan shall closely resemble the details shown on the original Case # jRp102?,!Is. Final building exterior treatment plan (including but not limited to A gp Ag g(;}or color,ma erials, architectural treatments, doors,windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Approval Body: DiMrPA%Un5�af jevelopment prior to issuance of building permits to ensure quality and Approval Date &WNi Acy. Any exterior changes determined to be substantial by the Director of Signature Dantlitity Development shall either require a modification to this permit or a new pernuitebramdion the extent of the change. 18. 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. 19. 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. 20. 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 7632 Normandy Way Page 7 of 9 CommMYFb velopment Department Planning 1D %�i sib m--,-54 -piD tiaoas shall not occur on Saturdays, Sundays, holidays, and CUPERTINO A?oM pzighttime period as defined in Section 10.48.053(b) of the Municipal Case # R- 2=031 .P1ic A} &p acriVitles sriall 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 Approval Body: DiregRrAglOys as defined in Chapter 10.48 of the Municipal Code. Nighttime Approval Date 08AR4nzction is allowed if compliant with nighttime standards of Section 10.48 of Signature Danielle G-Vpertino Municipal Code. e. Rude&Fa7W 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 21. 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. 22. 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 of the approval date on this letter the permit will expire. 7632 Normandy Way Page 8 of 9 CornrnMYFb veloprnent Department P I ffirbni nB1D1,;'rsiJbplarC tape r0rised drawings, which the applicant submitted to the City on cUPERT,No June 7, ANY` R [yvised plans were in response to address public comments received Case # frorrj� t 'Vighbors during the public noticing period that concluded May 9, 2023. eA p}MJgX icipa code secton 19.12.120(B)(3) allows the Director of Community Development the option of deferring the decision on a permit no later than thirty days Approval Bodes q�grfKeS lic comment period. In this case, due to concerns from the neighbors Approval DateandQge�M*cant's desire to work with the commenters, the decision was deferred. Signature Danielle Condit e ap"W,Jaias made the following modifications to address adjacent neighbor comments in response to these discussions. • Rear elevation(south side): In addition to the previously proposed privacy landscape along the property line, the second story windows on the rear elevation have been modified to be an awning frame with frosted glass that extends up to a 6-foot height as taken from second finished floor. The prior proposal was for casement windows with clear glass. • Left property line and elevation (west side): The proposed privacy landscape along the property line has been increased from five trees to seven trees along the property line. Additionally, the second story window in the master bathroom has been modified to an awning frame with frosted glass that extends up to a 6-foot height as taken from second finished floor from the previously proposed fixed frame with clear glass. In addition to these changes, the applicant has voluntarily proposed the following changes related to the ministerially processed Accessory Dwelling Unit (ADU) proposed on the property, which is not subject to this Two-Story Permit approval. These changes are listed below for reference only: • Right property line and elevation(east side):Five landscape trees have been proposed along the property line voluntarily as an additional courtesy. Further, the property owner has voluntarily offered to change the roof design of the ADU from a gable roof to a hipped roof design. 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. 7632 Normandy Way Page 9 of 9 CommMYFb veloprnent Department P I J?n n ifl,g PArv&Fo,,n, of Gwpet-Wkwill not result in a condition that is detrimental or injurious to CUPERTINO propAtppF�(q)Vrp„ ments in the vicinity, and will not be detrimental to the public health, safety Case # `R Y2=031 t M&Rr) a permtt willnot result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public Approva I Body: Dkfir 4A4y or welfare as the projects is located within the R1-6 (Single Family Approva I Date 04?49 fal) zoning district, and will be compatible with the surrounding uses of the Signature DanPaR 42fAiood. Case Manager 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 (June 23, 2023, at 5:00 p.m.). If this happens, you will be notified of a public hearing,which will be scheduled before the Planning Commission. Sincerely, �u Danielle Condit Associate Planner City of Cupertino Enclosures: Approved Plan Set CC: LEXICON DEVELOPMENTS ATTN: KIRK TANG, 7246 SHARON DR. #J SAN JOSE, CA 95129 CC:PARSONS BRUCE AND PATRICIA A 7644 NORMANDY WAY CUPERTINO,CA 95014-5253 CC: CAI JUN AND ZHAO YUE 7620 NORMANDY WAY CUPERTINO,CA 95014-5253 CC: NALBANT MEHMET AND MARZIYE 7587 NEWCASTLE DR CUPERTINO,CA 95014-5220 CC: WANG HAOSHENG ET AL 1120 KIFER RD UNIT 549 SUNNYVALE,CA 94086 CC: CHEN HOWARD AND CHAN ZITA TR PO BOX 351 CUPERTINO,CA 95015 CC: INCE CLARK S AND JACQUELINE 7629 NORMANDY WAY CUPERTINO,CA 95014-5252 CC: CHUANG SHIH-HSIEN AND SU-JAN 10982 WILKINSON AVE CUPERTINO, CA 95014- 4700 CC: ZHOU PING AND DING HUAI 7595 NEWCASTLE DR CUPERTINO,CA 95014-5220