RM-2018-33 Action Letter_2.docxCITY OF
IM
CUPERTINO
February 6, 2019
Jun Liu and Lan Cheng
10481 Pineville Avenue
Cupertino, CA 95014
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER - Application RM -2018-33
This letter confirms the decision of the Director of Community Development, given on February 6, 2019
approving a Minor Residential Permit (RM -2018-33) to allow for a portion of an addition to encroach ten
(10) feet into the required rear yard setback at 10481 Pineville Avenue, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "House Addition Liu Residence', consisting of six
sheets labeled "A0, Al, A2, A3, A4, and Boundary Survey", dated September 10, 2018 and revised
on December 21, 2018, 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. 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.
5. 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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RM -2018-33
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6. 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.
7. 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.
8. 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 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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RM -2018-33
9. INDEMNIFICATION
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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.
10. 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 February 6, 2020.
Staff has made all the findings that are required for approval of a Minor Residential Permit as required
by Cupertino's Municipal Code, Chapter 19.28.140 (A); however, Condition #4 was added to reflect the
removal of one of the windows on the east elevation and condition #5 was modified to include
additional information for fence modifications as a conditions for approval.
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.
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.
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RM -2018-33
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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 the decision (Wednesday, February 20, 2019 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