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Action Letter R-2023-015, RM-2023-015Comm PI CUPERTINO Case # opml t De(EU,1 RNITY DEVELOPMENT DEPARTMENT lion Iupel?tANNING DIVISION ROVEI 3-015, CUPERTINO Approval Body: Director / Staff Approva I Date 10/02/23 Signature Danielle Condit July 27,CLkJ_ Ild gQl" CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG Attn: Wen-Jen Chen & Chia -Pei Chen 18751 Newsom Avenue Cupertino, CA 95014 SUBJECT: TWO STORY PERMIT ACTION LETTER —Application R-2023-015, RM-2023-015 This letter confirms the decision of the Director of Community Development, given on July 27, 2023, approving a Two Story Permit (R- 2022-015) to allow the construction of a new 2,470 sf square foot single family residence with attached garage and a Minor Residential Permit (RM-2023-015) for a second story balcony; 1. APPROVED EXHIBITS The approval is based on a plan set entitled "18751 Newsom Avenue, Cupertino, CA, 95014", consisting of 15 plan sheets labeled "A-00.01, TO, T0.1, A-00.2, L1-L3, DE.01, A-01.01, A-01.02, A-02.01, A-02.02, A-03.01, A-04.01 and SIP-01", 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 December 5, 2022, 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 review and is not an exhaustive review of the subject 18751 Newsom Avenue Page 2 of 6 Community De�e�opmentlDepartment PlannftjiO,-i1O6Yet—;CcL.*err)ti�lcsequirements may be established and implemented during CUPERTINO the A1i3p#t0(Rp permitting process. The project construction plans shall address Case # - en2TSIYi�r ments with the construction permit submittal, and all required , ndll ue LUmpitted to the satisfaction of the Director of Public Works prior to final occupancy. Approval Body: Director / Staff Approval Dates. Q�0N2MJI ATION WITH OTHER DEPARTMENTS Signature Dan else �$�'li ant is responsible to consult with other departments and/or agencies with di asant er rojec t for additional conditions and requirements. Any e 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 Documentation Package or Prescriptive Compliance Application shall be reviewed and 18751 Newsom Avenue Page 3 of 6 Communi y De�e!opmentl�epartment Plann iRiictn 4hQu WI.x,dion of the Director of Community Development prior to CUPERTINO issuAr \k &ing permits, and additional requirements per sections 14.15.040 D, Case # fp\)F2bT�Cr514.15.050 E, F, G, H, and I will be required to be reviewed and approved Approval Body11DkX'EJ Frz LDING MATERIALS/TREATMENTS Approva I Date TUOT atbuilding exterior plan shall closely resemble the details shown on the original Signature Dan OR nedit plans. Final building exterior treatment plan (including but not limited to ase onager Is, 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. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked 18751 Newsom Avenue Communi y Dee opine W115epartment Page 4 of 6 Planning DP. A6rir-t4f?l 0,lla)nic and determined to be running in proper condition prior CUPERTINO A0RMrfVpn. Case # Rh}�Lnj&poublicly visible sign with the telephone number and person to contact at Aency iegaidi7g dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be Approval Body: Directculs(l$W9 ensure compliance with applicable regulations. Approval Date 1W02W applicant shall incorporate the City's construction best management Signature Danielle C8 diOces into the building permit plan set. Case Manager 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 or their designee. The applicant shall provide all documentation required to determine compliance with the Municipal Code. 16.INDEMNIFICATION 18751 Newsom Avenue Page 5 of 6 Communi y De�e!opmentl�epartment PlannkgrDI*igf he-a(�j rlAr,b to the fullest extent permitted by law, the applicant shall tUPERTINO agreg5pUr Moify, defend with the attorneys of the City's choice, and hold harmless e ity Council, and its officers, employees, and agents (collectively, the Case #--i1 �) A' r d against any liability, claim, action, cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively referred to as Approva I Body: Dltppj4w�Sfebrought by a third party against one or more of the indemnified parties Approva I Date 60&WZ� more of the indemnified parties and the applicant related to any Ordinance, Signature Dani5p&[9p, or action approving the project, the related entitlements, environmental review 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. 17. 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. 18751 Newsom Avenue Page 6 of 6 Communi y De�e!opmentl�epartment PI s MtiRit4Jbalt+fCWpVp r* is not vested within a year of the approval date, it shall CUPERTINO expire. APPROVED Case # -2023- 1fiRd*ngs the are required for approval of a Two -Story Permit as require an nc additional conditions were placed as a condition for approval by Approval Bod�CLittt�io®rs/1Sipal Code, Chapter 19.28.140 (B). Approva I Date1• 101(TbA2;Droject is consistent with the Cupertino General Plan, any applicable specific Signature lan. s zQninp ordinances and the purposes of this title. ganiene C onclf rie an ger ith 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 R1-5 (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 and privacy plantings along the side and rear property lines as required by the R-1 Ordinance that have sill heights of 5-feet or less. Please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (Thursday, August 10, 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, Danielle Condit, Associate Planner City of Cupertino Enclosures: Approved Plan Set CC: ATTN: Moe Jalili, Nilsene Builder Inc. 21060 Homestead Rd. #216 Cupertino, CA 95014