R-2023-027, RM-2023-027 Action LetterApril 29, 2024
Amin Qazi
archversa@gmail.com
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER – Application R-2023-027, RM-2023-027
This letter confirms the decision of the Director of Community Development, given on April 29, 2024 approving a Two-Story Permit (file number R-2023-027) to allow construction of a two-story
4,648 sq. ft. two-story single-family residence with an ADU, and a Minor Residential Permit (file number RM-2023-027) for a second story, rear facing balcony, located at 10631 Merriman
Rd., with the following conditions:
APPROVED EXHIBITS
The approval is based on a plan set entitled “Moied Wahid Residence Proposed 2 Story 10631 Merriman Drv, Cupertino CA”, consisting of 11 sheets labeled “A0 – A8, and a Boundary Topo
Survey” except as may be amended by conditions in this resolution.
ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building plans.
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.
COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form (PW-2023-0744) dated December 21, 2023, 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
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.
THIRD PARTY GEOTECHNICAL REVIEW
Applicant shall submit a Geologic/fault investigation and a geotechnical report to the City which shall be peer reviewed at the applicant’s expense by the City’s third-party consultant.
This review shall be completed, and all conclusions of the report shall be reflected in the final design prior to issuance of building permits.
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.
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.
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.
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.
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.
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.
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.
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:
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.
All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
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.
All vehicle speeds on unpaved roads shall be limited to 15 mph.
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.
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.
All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined
to be running in proper condition prior to operation.
Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within
48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
The applicant shall incorporate the City’s construction best management practices into the building permit plan set.
GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works.
Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code.
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.
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.
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.
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
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.
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 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.
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 April 29, 2024.
Staff has made all the findings that are required for approval of a Two-Story Permit and Minor Residential Permit as required and no additional conditions were placed as a condition
for approval 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,
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.
5. 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 as required by the R-1 Ordinance and additional privacy
plantings to screen the windows that have sill heights of 5-feet or less and to second story balcony.
Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (Monday, May 12, 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. 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.cupertino.org/planningforms.) 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:
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.
Other options:
a. Mail the completed form and a check in the amount of $344 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,
/s/
Gian Paolo Martire
Senior Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Moied Wahid, 10631 Merriman Rd., Cupertino, CA 95014