R-2019-06 Action Letter.docx
July 12, 2019
Nilsene Builders Inc.
Attn: Moe Jalili
21060 Homestead Road #216
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT ACTION LETTER – Application R-2019-06
This letter confirms the decision of the Director of Community Development, given on July 12, 2019
approving a Two Story Permit (R-2019-06) to allow for a new 2,635 square foot two-story single-
family residence located at 10592 Johansen Drive, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled “10592 Johansen Avenue, Cupertino, CA”, consisting
of fourteen (14) sheets labeled “A-00.01, A-01.01, A-01.02, A-02.01, A-02.02, A-03.01, A-06.01,
Sheet 1 of 2, Sheet 2 of 2, L-1, L-2, L-3, RA-01.01, RA-01.02” 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated March 21, 2019, 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
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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.
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.
6. 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.
7. 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 five (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.
8. 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 six (6) feet planted height and otherwise be
consistent with the City’s requirements.
9. 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.
10. 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.
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11. 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.
12. 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.
13. 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.
14. 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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15. 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.
16. 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.
17. 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 July 12, 2020.
Staff has made all the findings that are required for approval of a Two-Story Permit as required and
no additional conditions were placed as a condition for approval by Cupertino's Municipal Code,
Chapter 19.28.140 (A) and (B).
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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 R1-5 (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 the
privacy protection plantings and installation of a front-yard tree as required.
Also, please note that an appeal of this decision can be made within fourteen (14) calendar days
from the date of this letter (July 24, 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,
Ellen Yau
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Yizen Lin and Abubakar Wawda, 10592 Johansen Drive, Cupertino, CA 95014