21900 Rucker Dr R-2023-003 Action Letter Comm . F lopme t De+jU,16Nij�4ITY DEVELOPMENT DEPARTMENT
PI , sion — upeFfANNING DIVISION
cuPeRTino 4RPROVE
CITY HALL
Case # -003 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 08/10/23
Signature Danielle Condit
Lester MY?"ag"
21900 Rucker Dr.
Cupertino, CA 95014
21900 Rucker Drive
Two-Story Permit, File # R-2023-003
SUBJECT: TWO-STORY PERMIT—Application R-2023-003
This letter confirms the decision of the Director of Community Development, given on
August 11, 2023, approving a Two-Story Permit (R-2023-003) to allow first and second
floor additions on an existing two-story single-family residence at 21900 Rucker Dr.,with
the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled"Chan Residence 21900 Rucker Dr.Cupertino,
CA 95014", consisting of twenty-three (23)sheets labeled "A-0,A-1,A-10,A-11,A-2,
A-2.1,A-3, A-3.1,A-4, A-5, A-5.1,A-6, A-6.1,A-7, A-7,1, A-8, A-8.1, A-9, A-9.1, L-1, L-2,
L-3 and L-4" 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
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PlaPnin=rnBrDJvfEfk-d*i+(ffup�yrti.rionitted data may invalidate an approval by the Community
C V PE RT,N Q DevelopptftpDrtment.
Case # r , ATT L' TA7T'TL7 nTTaT T!-`WORKS CONFIRMATION FORM
pp iA I c`atio`n Num er s
The project shal comply with the requirements indicated on the Public Works
Approval Both Cafb!ntati(Xr5tfa fm, including, but not limited to, dedications, easements, off-site
Approval DateimpM4'W213ts, undergrounding of utilities, all necessary agreements, and utility
Signature ET�%gjjgi Wirelocations as deemed necessary by the Director of Public Works and
require is health and sa ety. The Public Works Confirmation is a preliminary
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.
6. 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.
7. 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.
8. 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.
9. 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.
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 2,500 square feet or more. The Landscape
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Ply:rrnmrgcfD'itci§icunP-acCaape i+mlbbe reviewed and approved to the satisfaction of the Director
c u PE RT,N o of Com r�bVpDvelopment prior to issuance of building permits, and additional
Case # requ _ &ly6i3sections 14.15.050 E, F, G, H, and I will be required to be reviewed and
apprAy,& cpT Ana inspections.
Approval BodyfATR9QE9 Staff
Approva I Date WTI W?Aion of all fences on the site shall be indicated on building permit plans,
Signature Dan@PW&jffith Chapter 19.48, Fences, of the Cupertino Municipal Code, and must be
reviemw&wt&approved prior to issuance of building permits.
12. 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.
13. 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
air intake design and MERV filter requirements shall be included on all applicable
construction documents submitted to the City and verified by the City's Planning
Division.
14. NOISE AND VIBRATION PERMIT REQUIREMENTS
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Communi y 23 evelopment Department
PIa nn*r1q1g[(Di�Vi1CaJiiys�art iHw start of any demolition,ground disturbing,or construction
C U PE RTC N O acti,F)qR 6V gBoject applicant shall send notices of the planned activity by first class
Case # rw-�62�0 s:
p` TicVNM% b9 pl es less Man 0. 5 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
Approval Body: DJgh1l§ a brief description of the project, the activities that would occur, the
Approva I Date WW/Aen activity would occur, and the construction period's overall duration.The
Signature DanpLaFMi66A4ipn should include the telephone numbers of the contractor's authorized
repmsembatiws 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.
15. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
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.
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:
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.
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:
For projects that require the demolition or construction one single-family residence,
ground disturbing activities affecting areas of up to 500 square feet, or the removal of
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Communi y 23 evelopment Department
PIannirlgiDi+vYsiu_ntr-eC#&rtj:noperty owner or a tree removal contractor, if necessary, is
CUPERTINO perrAOpP lOVLr_epduct the preconstruction surveys to identify if there are any active
Case # iWs 13a tive nests with eggs or young birds are identified, the project applicant
tT ;a-L jta i ie ornithologist or biologist to identify protective measures.
For any other demolition, construction and ground disturbing activity or the removal
Approval Body: DfS FAgf,(AA fre trees, a qualified ornithologist or biologist shall be retained by the
Approva I Date R1%i1Q%plicant to conduct the preconstruction surveys.
Signature Danielle Condit
If tl-wspamomtruction 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.
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.
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.
16. 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
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Communi y 23 evelopment Department
P 14 rrhnumgsD ividVvn enW rxionts) shall be reviewed and approved by the Director of
c u PE RT,N Q CommiAi0FyRT6VFjypment prior to issuance of building permits to ensure quality and
Case # consKte2n3_0W exterior changes determined to be substantial by the Director of
or } . N b�, ppmen s a ei her require a modification to this permit or a new
permit based on the extent of the change.
Approval Body: Director/Staff
Approval Date17. DillfNIX)NTROL
Signature AWIeIfA% 'cjgg construction practices shall be implemented during all phases of
construE419 e 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.
18. 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.
19. 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,
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Communi y 23 evelopment Department
P I an n i ng D ivl d a-y:C lapel rd i.n�ng the nighttime period as defined in Section 10.48.053(b)of
CUPERTINO App.� ppicipal Code.
Case # R-�02Scot�uction activities shall be limited to Monday through Friday, 7 a.m. to 8
ApplicatiorR&P,b a ray an unday,9 a.m.to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Approval Body: Directorp(it%�Wime construction is allowed if compliant with nighttime standards of
Approva I Date 08/10/4ction 10.48 of the Cupertino Municipal Code.
Signature Danielle'GorgVles and regulations pertaining to all construction activities and limitations
caseiakified 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
20. 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.
21. 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.
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Communi y 23 evelopment Department
PI�$t fdgaD ivide m14-t1q {i-nps that are required for approval of a Two-Story Permit and
CUPERTINQ a Minorp,"j Permit as required by Cupertino's Municipal Code,Chapter 19.28.140
Case # (B)- R-2023-003
Application Number(s)
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
Approval BodyioP!hR 9R/a&Amd the purposes of this title.
Approval DateTheWo end project is consistent with the General Plan as the project is within the Low
Signature M1 WddpAtuse area. There are no applicable specific plans that affect the project. The
project hais0ramotfound 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. 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(August 25,2023,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: SayHomee,Karen Zheng 1725 Rogers Avenue San Jose,CA 95112