7588 Lockford Ct Action Letter Comm . F lopme t De+jU,16Nij�4ITY DEVELOPMENT DEPARTMENT
PI , sion — upeFfANNING DIVISION
cuPeRTino 4RPROVE
CITY HALL
Case # -001 1 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
Numbers TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
Approval Body: Director/ Staff
Approval Date 12/21/23
Signature Danielle Condit
Decem$$�','2K3
Trupti Bhayya Dhavle and Sourja Ray
7588 Lockford Ct
Cupertino, CA 95014
Cc' trupti.dhavle@gmail.com
Cc' ray.sourja@gmail.com&tonymeodesign@gmail.com
SUBJECT: TWO-STORY PERMIT—Application R-2023-001
This letter confirms the decision of the Director of Community Development, given on
December 21, 2023, approving a Two-Story Permit(R-2023-001) to allow a second story
addition to an existing two-story single-family Residence, located at 7588 Lockford Ct.,
with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled"Ray—Dhavle Addition",consisting of twenty
seven (27) sheets labeled "A1.0, A1.1, A1.2, A1.3, A1.4, A1.5, A1.6, A2.1a, A2.1b, A2.1c,
A2.2a,A2.2b,A2.2c,A2.2d,A3.1a,A3.1b,A3.1c,A4.1a,A4.1b,A4.2a,A4.2b,A4.3a,A4.3b,
A5.0, C-1, C-2, &C-3" 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. 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.
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Communi ye elopment Department
P 15n n W?0 Wr'blhi . i r)TdBLIC WORKS CONFIRMATION FORM
c U PE RT,N Q The prpjpptR d V@D comply with the requirements indicated on the Public Works
Case # Conrx20t�nBtpfm, including, but not limited to, dedications, easements, off-site
im tfgM]R b,M;I ergroun ing of utilities, all necessary agreements, and utility
installations/relocations as deemed necessary by the Director of Public Works and
Approval BodyieRMgr�Fic health and safety. The Public Works Confirmation is a preliminary
Approval DaterevQ-9/2Idi?a is not an exhaustive review of the subject development. Additional
Signature MqWeWtM# may be established and implemented during the construction permitting
processcanject 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 WAIVERS)
Privacy waivers has been received from all neighboringlots.
• 7580 Lockford Ct • 1126 Holl head Ln
• 7583 Lockford Ct • 1134 Holl head Ln
7. FRONT YARD TREE
The applicant shall indicate on site and landscape plans the location of a front yard tree
(existing tree 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.
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. 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
Documentation Package 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 14.15.050 E, F, G, H, and I will be required to be reviewed and
approved prior to final inspections.
10. 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.
11. STANDARD ENVIRONMENTAL PROTECTION REQUIREMENTS
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Communi ye elopment Department
PlMit gingt(DiWwonce GApwxYir@prading or building permits, the project applicant shall
c u PE RTC n o demonsgtFxR(3ViMliance with Chapter 17.04 (Standard Environmental Protection
Case # RegiW202"Wf the Cupertino Municipal Code, to the satisfaction of the Planning
ir9 g gt%=b£1-f's) er designee. 11 applicable environmental protection requirement
measures shall be included in the applicable construction documents.
Approval Body: Director/Staff
Approval Date12. 4a�q Air Ouali , Management District(BAAOMD)
Signature Dan&F&iI fs for residential and/or other sensitive land use projects (e.g., hospitals,
nursinsc�eviwsjgeday 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.
13. NOISE AND VIBRATION PERMIT REQUIREMENTS
At least 10 days prior to the start of any demolition, ground disturbing, or construction
activities,the project applicant shall send notices of the planned activity by first class mail
as follows:
For projects on sites less than 0.25 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
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Communi y 23 e elopment Department
Planning D i v i 1ndeC gpun i fi-,ad construction days and hours, as well as the telephone
C U P E RT I N O A P P RO 1 El) of the City's and contractor's authorized representatives that are
Case # R-202iTbgjed to respond in the event of a noise or vibration complaint. If the
ApplicatiorNtqWfWed con rac ors representative receives a complaint, they shall
investigate,take appropriate corrective action,and report the action to the City
Approval Body: Director dvtfil§ffthree business days of receiving the complaint.
Approval Date 12/21/23
Signature 94niA (Md'IJESTING BIRDS DURING CONSTRUCTION
Prior toaissuanw 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 up
to three trees, the property owner or a tree removal contractor, if necessary, is permitted
to conduct the preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant shall retain a
qualified ornithologist or biologist to identify protective measures.
For any other demolition, construction and ground disturbing activity or the removal of
four or more trees, a qualified ornithologist or biologist shall be retained by the project
applicant to conduct the preconstruction surveys.
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
7588 Lockford Ct Page 5 of 8
Communi ye elopment Department
P l Jp" en yMKA1rfdive measures to be implemented under their direction until
cuPERT,NQ the nestAppAMpiDcontain eggs or young birds.
Case # R-2023-001
ro �5ti i- 5V(�Fs may me u e, but are not limited to, establishment of clearly
delineated exclusion zones (i.e., demarcated by identifiable fencing, such as orange
Approval Body6op RrOA #ng or equivalent) around each nest location as determined by the
Approva I DateduaAAW 644ithologist or biologist, taking into account the species of birds nesting, their
Signature �i qg"tdisturbance and proximity to existing development. In general, exclusion
zones sh lo gninimum 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.
15. 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.
16. 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.
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Communi y 23 e elopment Department
Planning]E)ivE6,nr—aCLtpecUnbauling soil, sand, and other loose materials or require all
CUPERTINQ APORLO D maintain at least 2 feet of freeboard;
Case # R-2102�aOfj apply water at least three times daily,or apply(non-toxic)soil stabilizers
ApplicatiorM, Wpave access roads, parking areas and staging areas at construction
sites.
Approval Body: Direcor �@ff streets daily, or more often if necessary (preferably with water
Approval Date 12/21/2s4veepers) if visible soil material is carried onto adjacent public streets.
Signature Danielle(CoAke applicant shall incorporate the City's construction best management
Case pwackices into the building permit plan set.
17. 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.
18. 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. Nighttime
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
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Communi ye elopment Department
PId_Anl_h#:[1iMNbriG�ULi Lino
c U PE RT,N o Except WWhOV419 prohibited by law, the applicant shall indemnify and hold harmless
Case # the kityo �t�_66tV Council, and its officers, employees and agents (collectively, the
in p r 1p rom. 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
Approval Bodyh RIR64�Vffes and the applicant to attack, set aside, or void this Resolution or any
Approval DateperAW2oV proval authorized hereby for the project, including (without limitation)
Signature L3iO itthe City its actual attorneys' fees and costs incurred in defense of the
litigationsTheiapplicant 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.
20. 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.
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.
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,
7588 Lockford Ct Page 8 of 8
Communi ye elopment Department
PIanfrtTlnsTg)Di aimm as(Dupp"jefds is located within the R1 (Single Family Residential)zoning
CUPERTINQ district,A�ip0Rb ' Dcompatible with the surrounding uses of the neighborhood.
Case # R-2023-001
J. Appfi tgrffA B project is 17aTmonious in scale and design with the general neighborhood.
The proposed project is located in a residential area consisting of single family homes.The
Approval Body�rW rVre maintains the single family home scale found compatible with the
Approval DategenA4P� borhood.
Signature Danielle Condit
4. eldv6sual 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(January 4,2024,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:Antoine Meo, Custom Residential Design. 11925 Main St. Unit 610. Sunol, CA 94586