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DIR-2025-004 Action Letter 6.3.2025CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308To:Mayor and City Council MembersChairperson and Planning CommissionersFrom: Luke Connolly, Assistant Director of Community Development�Prepared by: Danielle Condit, Associate PlannerDate:June 3, 2025Subject:Director's Minor Modification, DIR-2025-004 to allow minor exteriorimprovements at an existing duplex site and an 83 square foot addition toUnit A of the duplex, located at 22783 Voss A venue, APN 342 30 037."· Chapter 19.164 of the Cupertino Municipal Code allows for administrativeapproval of minor changes in a project. The Director reports his decisionto the City Council and Planning Commission in time to allow an appealof the decision within 14 calendar days.BACKGROUND The property owner/applicant, Jiashun Xu, proposes to convert an existing recessed patiointo conditioned spaced for Unit A of the duplex located at 22783 Voss A venue. The sitewas originally developed in 1971 as a single-story duplex (Building Permit NO. 51099.1).Please refer to Figure 1.The duplex was initially constructed witha total area of 2,678 sqaure feet and thestructure has remained largely the samesince, with no changes to the originalbuilding footprint. The living space forUnit A is 1,603 sqaure feet; Unit B is 1,075sqaure feet. The duplex also inlcudes a 695square-foot, three car-garage.DISCUSSION The applicant proposes to convert 83square feet of patio area into conditionedspace for Unit A. The patio area is already Figure 1: AerialDIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 2 of 10 included toward the unit’s floor area square footage since it is considered substantially enclosed 1. Per Cupertino’s Municipal Code substantially enclosed areas are included in a property’s floor area calculation, thus the project will not increase the floor area of Unit A. The converted area will be used to expand the kitchen area of Unit A. Additional improvements have been proposed on site as a part of this application. These include removal and replacement of all three garage doors, in-kind. The color of the new garage doors will change from Benjamin Moore ambiance white to Sherwin Williams urban bronze and each door will feature two clerestory, obscure glass windows. The exterior of the existing duplex will also be repainted, with the façade color transitioning from Benjamin Moore ambiance white to Sherwin Williams Shoji White. Additionally, the applicant proposes fenestration changes to both Units A and B, on each elevation. The site is located in the Bird-Safe overlay and subject to compliance with Cupertino Municipal Code Section 19.102, Glass and Lighting Standards. The applicant proposes bird-safe treatment on each elevation by incorporating a combination of exterior bug screens and frosted glass. Through these measures each elevation will result in less than the standard 10% allowance for untreated glass surfaces, in compliance with the City’s bird-safe requirements 2. The applicant also proposes concurrent interior improvements that are not part of this application. 1 Cupertino Municipal Code 19.08 Definitions defines "Substantially enclosed" as an area that is covered by a roof or ceiling that is not more than 50% open to the sky/elements and is surrounded by solid barriers that are at least six inches tall on three or more sides. Solid barriers do not include open railings that are no taller than 42 inches, decorative arches, or trellises. Railings and trellises shall have a visual transparency of more than 50%. 2 Cupertino Municipal Code 19.102.030 Bird-safe Development Requirements allows up to 10% of the surface area of the façade be untreated glass between the ground and 60 feet above ground. DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 3 of 10 ACTION The Director of Community Development deems the project categorically exempt from environmental review under CEQA Guidelines, Article 19, Section 15301: Existing Facilities and further deems the modification minor and approves the project with the following conditions of approval: 1. APPROVED EXHIBITS Approval is based on exhibits prepared by JIE Arch Design, consisting of fourteen (14) sheets (A001, A002, A005, A009, A010, A100, A101, A102, A200, A201, A202, A600, A701 and A702) dated 04/8/2025, as provided to the City on 4/15/2025, except as may be amended by the conditions contained in this resolution. 2. 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 any property data may invalidate this approval and may require additional review. 3. BUILDING PERMIT REQUIRED This approval does not constitute building permit approval; a separate building permit review and approval is required. 4. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible for consulting 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. 5. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 6. BIRD SAFE COMPLIANCE Prior to issuance of Building Permits, the applicant/property owner shall submit final plans in compliance with the approved plans to comply with development standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements. In the event changes are proposed from the approved plans, said changes must be reviewed and approved by the Director of Community DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 4 of 10 Development or their designee. The applicant shall provide all necessary documentation required to determine compliance with the Municipal Code. 7. 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. 8. FUGITIVE DUST CONTROL Prior to issuance of the any demolition, grading, or building permit, include on all permit plans, the full text of each of the Bay Area Air Quality Management District's Basic Control Measures from the latest version of BAAQMD's CEQA Air Quality Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing activities and/or construction. 9. 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 DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 5 of 10 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. 10. NOISE AND VIBRATION NOTICE a. At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall send notices of the planned activity by first class mail to off-site businesses and residents within 500 feet of the project site. b. The City will provide a template notice and mailing addresses for the Applicant’s use. The final notice must be approved by City staff prior to sending. c. The project applicant shall provide the City with evidence of mailing of the notice, upon request. d. Please note that, if pile driving, the requirements for noticing and monitoring outlined in City Code Section 17.04.050 G (3) shall apply. 11. NOISE AND VIBRATION SIGNAGE At least 10 days prior to the start of any demolition, ground disturbing, or construction activities, the project applicant/contractor shall ensure that a sign measuring at least four feet by six feet shall be posted on construction fencing at the entrance(s) to the job site, clearly visible to the public, and include the following: a. Permitted construction days and hours; b. A description of proposed construction activities; c. 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; and d. Contact information for City’s and contractor’s authorized representatives that are assigned to respond in the event of a complaint related to fugitive dust, pursuant to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines. If the authorized contractor’s representative receives a complaint, they shall investigate, take appropriate corrective action, and report the complaint and the action taken to the City within three business days of receiving the complaint. DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 6 of 10 12. NOISE DURING CONSTRUCTION Prior to issuance of any demolition, grading or building permit, include on plans a note that, during project construction, the project applicant shall incorporate the following measures to reduce noise during construction and demolition activity: a. The project applicant and contractors shall prepare and submit a Construction Noise Control Plan to the City’s Planning Department for review and approval prior to issuance of the first permit. The Construction Noise Plan shall demonstrate compliance with daytime and nighttime decibel limits pursuant to Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The details of the Construction Noise Control Plan shall be included in the applicable construction documents and implemented by the on-site Construction Manager. Noise reduction measures selected and implemented shall be based on the type of construction equipment used on the site, distance of construction activities from sensitive receptor(s), site terrain, and other features on and surrounding the site (e.g., trees, built environment) and may include, but not be limited to, temporary construction noise attenuation walls, high quality mufflers. During the entire active construction period, the Construction Noise Control Plan shall demonstrate that compliance with the specified noise control requirements for construction equipment and tools will reduce construction noise in compliance with the City’s daytime and nighttime decibel limits. b. Select haul routes that avoid the greatest amount of sensitive use areas and submit to the City of Cupertino Public Works Department for approval prior to the start of the construction phase. c. Signs will be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment will be turned off if not in use for more than 5 minutes. d. During the entire active construction period and to the extent feasible, the use of noise producing signals, including horns, whistles, alarms, and bells will be for safety warning purposes only. The construction manager will use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and law. 13. TREE AND LANDSCAPE MAINTENANCE The property owner shall be responsible for ensuring that all trees and landscaping is properly maintained including but not limited to ensuring that there is adequate soil drainage, that the soil is well-aerated, and irrigation systems are thoroughly tested to provide sufficient water to landscaped areas while reducing water waste. DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 7 of 10 14. LANDSCAPE PLAN CHANGES Revisions and/or changes to plans before or during construction shall be reviewed and responded to by the (a) project site arborist, or (b) landscape architect with written letter of acceptance before submitting the revision to the Building Department for review by Planning and City Consulting Arborist at the cost of the property owner. 15. 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 approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.040 D, E, F, and G or 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 16. NESTING BIRDS 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: i. 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. ii. 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: DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 8 of 10 1) 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. 2) 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. iii. 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. iv. 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. v. A final report on nesting birds and raptors, including survey DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 9 of 10 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. 17. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall indicate compliance with the City’s requirements related to Archaeological Resources and Tribal Cultural Resources as adopted in Chapter 17.04. 18. HUMAN REMAINS AND NATIVE AMERICAN BURIALS Prior to the issuance of any demolition, grading or building permit involving soil disturbance, the project applicant shall, include on plans a note that, during project construction, the project applicant shall comply with California Health and Safety Code Section 7050.5, California Public Resources Code Section 5097.98 and indicate compliance (via notes on the project plans) with the adopted standards related to Human Remains and Native American Burials in Chapter 17.04. 19. 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 DIR-2025-004 6/3/2025 Danielle Condit 22783 Voss Ave APT. A DIR-2025-004 June 3, 2025 Page 10 of 10 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. 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. This Director’s approval is effective June 3rd, 2025. The 14-calendar-day appeal period will expire on June 17th, 2025 Enclosures: Attachment A: Approved Exhibits DIR-2025-004 6/3/2025 Danielle Condit