RM-2018-29 Action Letter.pdfCUPERTINO
November 14, 2018
Georgiy Novitsky
3099 Lina Lane Unit 4
San Jose, CA 95136
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • planning(o cupertino.orq
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER - Application RM -2018-29
This letter confirms the decision of the Director of Community Development, given on November 14, 2018
approving a Minor Residential Permit (RM -2018-29) to allow the extension of a legal non -conforming wall
on a single -story addition located at 10394 Colby Avenue, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "naval Residence, 10394 Colby Avenue, Cupertino, CA",
consisting of four (4) sheets labeled as "A1.0, A2.0, A3.0, and A4.0" except as may be amended 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. 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.
5. 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.
Minor Residential Permit Action Letter Page 2
RM -2018-29
6. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. The final building exterior plan shall
closely resemble the details shown on the original approved plans. Any exterior changes determined to
be substantial by the Director of Community Development shall require a minor modification approval
with neighborhood input.
7. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form,
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.
8. 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.
9. 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.
10. 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.
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.
11. 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.
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RM -2018-29
Page 3
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
12. 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.
13. 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.
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Please note that if this permit is not vested within a year, it shall expire on November 14, 2019.
Staff has made all the findings that are required for approval of a 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 (A).
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 R1-7.5 (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 setback conformance.
Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from
the date of this letter (Wednesday, November 28, 2018 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,
Jeffrey Tsumura
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Raval and Parul Udaykumar, 10394 Colby Ave., Cupertino Ca. 95014