10363 Bret Ave, R-2019-027, RM-2019-018 Action Letter SignedCITY OF
CUPERTINO
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CtTY HALL
10300 TORRE AVENUE - CUPERTINO, CA 9501 4-3255
TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333
CUPERTINO.ORG
February 21, 2020
Jackson Lu
21074 Gardena Drive
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION
LETTER - Application R-2019-027, RM-2019-018
This letter confirms the decision of the Director of Community Development, given on
February 21, 2020 approving a Two Story Permit (R-2019-027) to allow for a new 3,810
square-foot two-story residence with a 408 square-foot detached accessory dwelling unit
and a Minor Residential Permit (RM-2019-018) to allow for a second-story balcony located
at 10363 Bret Avenue, with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Proposed Residential New Constmction, Lin
Residence, 10363 Bret Ave., Cupertino 95014," consisting of 9 sheets labeled IIAI, A2, A3,
A4, A5, A6, A7, A8, and A9," a topographic survey entitled '/Topographic & Boundary
Survey," consisting of one sheet labeled "C-I," a grading plan entitled /'Grading and
Drainage Plan," consisting of one sheet labeled "C-2," an erosion control plan entitled,
/'Erosion Control Plan/" consisting of one sheet labeled "C-3," landscape plans entitled
]'Ms. Xia Lin Residence," consisting of six sheets entitled, '/LO, Ll, L2, L3, L4, L5" except
as may be amended by conditions in this resolution.
2. ANNOTATION OF THE CONDITIONS OF APPROVAL,
The conditions of approval set forth shan be incorporated into and annotated on the
building plans.
3. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible to verify an 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.
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4. CONSUI,TATION 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 shan comply with the requirements indicated on the Public Works
Confirmation form dated January 22, 2020, 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 constniction 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. I,ANDSCAPE PROJECT SUBMITTAL
Prior to issuance of building permits, the applicant shan 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.
7. 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.
8. FRONT YARD TREE COVENANT
The property owner shan 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.
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9. PRIVACY PLANTING
The final privacy planting plan shan 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.
10. PRIV ACY PROTECTION COVENANT
The property owner shan record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements consistent
with the R-I 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.
11. 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.
12. DUST CONTROt
The following construction practices shan be implemented during all phases of
constnuction for the proposed project to prevent visible dust emissions from leaving the
site:
a. Water all active constmction 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 shan be treated with non-toxic stabilizers or dust
palliatives.
b. Cover all 'hcks hauling soil, sand, and other loose materials or require an
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 an 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 shan incorporate the City's constmction best management
practices into the building permit plan set.
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13. 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 constnuction, 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 constmction is allowed if compliant with nighttime standards of Section
10.48 of the Cupertino Municipal Code.
e. Rules and regulations pertaining to all constmction 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 constnuction restrictions.
The applicant shan comply with the above grading and construction hours and noise limit
requirements unless otherwise indicated
14. INDEMNIFICATION
Except as otherwise prohibited by law, the applicant shan 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)
reirnbursing 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 Attomey time and
overhead costs and other City staff overhead costs and any costs directly related to the
litigation reasonably incurred by City.
15. NOTICE OF FEES, DEDICATIONS, RESERV ATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Governrnent
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
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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 21,
2021.
Staff received three (3) public comments from residents. One resident expressed concerns
in regards to the location of the proposed fence as it is not located directly along the
property line. Staff explained that matters of fences are a civil matter which the Cupertino
Municipal Code does not regulate. Staff encouraged the resident to reach out to his
neighbors regarding this matter. Two separate residents expressed concerns regarding
privacy impacts in relation to the proposed rear-yard second-story balcony. Staff
explained how the balcony exceeds the required rear yard setback of 25 feet as the
proposed rear yard setback of the balcony is 52 feet and 8.5 inches from the rear property
line. In addition, privacy screening requirements are particularly restrictive when it comes
to second-story windows and balconies. Staff explained how the applicant complies with
the City's privacy screening requirements by proposing City-approved privacy plantings
along the entire rear property line. Lastly, staff assured these residents that these required
privacy plantings are protected in covenants and are required to be protected and
maintained by the property owner.
Staff has made all the findings that are required for approval of a Two-Story Permit and
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) and (B),
1. The project is consistent with the Cupertino General r4an, 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-I) Residential.
2. The granting of the permit will not result in a condition that is detrime;ntal 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 win not result in a condition that is detrimental or injurious to
property improvements in the vicinity, and win not be detrimental to the public health,
safety or welfare as the projects is located within the Rl-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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R-2019-027, RM-2019-018
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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 and installation of a front-yard tree
as required by the R-I 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, March 6, 2020 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,
Erika Poveda
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Xia Lin, 13830 Saratoga Avenue, Saratoga, CA 95070
Karam and Samia Gerges, 10376 Judy Avenue, Cupertino, CA 95014
Jiun-Der Yu and Wei-Li Liu, 1225 Lake Shadow Circle, Apt #14202, Maitland, FL 32751
Julianne Krebs, 10348 Judy Avenue, Cupertino, CA 95014