Action LetterCITY OF
IM
CUPERTINO
August 22, 2019
Tom Waugh
22293 N. De Anza Circle
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: TWO-STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION LETTER —
Application R-2019-13, RM -2019-10
This letter confirms the decision of the Director of Community Development, given on August 22, 2019
approving a Two -Story Permit (R-2019-13) approving a second floor addition and a Minor Residential
Permit (RM -2019-10) to allow for a second floor balcony located at 10700 Deep Cliffe Drive, with the
following conditions.
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "10700 Deep Cliffe Drive" prepared by Tom Waugh,
consisting of five (5) sheets labeled "Al - A5" 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. 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.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works Confirmation form
dated February 14, 2019, including, but not limited to, dedications, easements, off-site improvements,
undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed
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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.
6. BULIDING PLAN SET REVISIONS
The building plan set shall indicate the location, height, and other applicable details of the proposed
rear retaining wall.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. EXTERIOR BUILDING MATERIALS/TREATMENTS
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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. 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.
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.
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The applicant shall comply with the above grading and construction hours and noise limit
requirements unless otherwise indicated
15. 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.
16. 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 August 22, 2020.
Staff has made all the findings that are required for approval of a Two -Story Permit and a Minor
Residential Permit as required by Cupertino's Municipal Code, Chapter 19.28.140 (A) and (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.
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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
adherence to the privacy protection measures of the R-1 Ordinance.
Also, please note that an appeal of this decision can be made within fourteen (14) calendar days
from the date of this letter (Friday, September 6, 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,
/s/
Erick Serrano
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Jimmy & Rosanna Chu Lan, 10700 Deep Cliffe Dr. Cupertino, CA 95014