R-2019-028, TR-2020-023 Action Letter CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
July 30,2020
Tracy Hsu
22330 Santa Paula Ave.
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT AND TREE REMOVAL PERMIT ACTION LETTER -
Application R-2019-028,TR-2020-023
This letter confirms the decision of the Director of Community Development, given on
July 30,2020 approving a Two Story Permit(R-2019-028) and a Tree Removal Permit(TR-
2020-023) to allow a new 4,983.6. sq. ft. two-story single-family residence and 567.9 sq. ft.
attached ADU and the removal and replacement of one 16" DBH Deodar Cedar at 10583
Santa Lucia Road,with the following conditions:
1. APPROVED EXHIBITS
The approval is based on the plan set entitled "New Single Family Residence, 10583 Sata
Lucia Road, Cupertino, CA 95014" consisting of 22 pages labeled as "A1.0, A2.1, A2.2,
A2.3, A2.4 Area, A3.1, A3.2, A3.3, CO through C5, LO through L4, and Tree Removal
Replacement Plan,and Tree Removal Site Plan" except as may be amended by conditions
in this resolution.
1. TREE REPLACEMENT
The required replacement trees are either two 24-inch or one 36-inch box tree to be planted
on the subject property.The species and location of the replacement trees shall be subject
to approval from the Director of Community Development. Additionally, the applicant
shall provide the Department of Community Development adequate documentation,
including but not limited to photographs, receipts or invoices, to verify that the
replacement trees have been planted.In the event that the relocation of the existing tree(s)
fails, the applicant will be required to provide replacement trees consistent with the
requirements set forth in Cupertino Municipal Code (CMC) Section 14.18.160(A).
2. PROTECTED TREES
The applicant understands that replacement trees may not be removed without a Tree
Removal Permit and that they shall be responsible for ensuring the proper maintenance
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and care of the tree. The applicant shall also disclose the location and species of all
replacement trees on site upon sale of the property.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
4. 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.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form dated October 10, 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 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. 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.
7. GEOTECHNICAL PLAN REVIEW
Per the Supplemental Geologic and Geotechnical Peer Review letter by Cotton,Shires and
Associates,Inc.,dated June 17,2020,a Geotechnical Plan Review shall be submitted to the
City and City Geotechnical Consultant for review prior to the issuance of building
permits.
Additionally, the City Geotechnical Consultant shall inspect, test (as needed), and
approve all geotechnical aspects of the project construction. The inspections should
include,but are not limited to: site preparation and grading, site surface and subsurface
drainage improvements, and excavations for foundations and retaining walls prior to
placement of steel and concrete. The results of these inspections and the as-built
conditions of the project shall be described by the geotechnical consultant in a letter and
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submitted to the City Engineer for review and approval prior to final (as-built) project
approval.
8. 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.
9. 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.
10. 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.
11. 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.
12. LANDSCAPE PROTECT 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.
13. 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
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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.
14. 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.
15. 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
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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.
16. CONSTRUCTION PARKING PLAN
A construction parking plan shall be prepared by the applicant and approved by staff
prior to issuance of building permits. Construction related parking along Santa Lucia
Road should be minimized and dispersed. Construction workers should be encouraged
by the construction manager for the site to not park in the same locations on public streets
to the extent possible, in order to minimize construction related parking impacts to
existing residents.
17. INDEMNIFICATION
As part of the application,to the fullest extent permitted by law,the applicant shall agree
to indemnify, defend with the attorneys of the City's choice, and hold harmless the City,
its City Council, and its officers, employees, and agents (collectively, the "indemnified
parties") from and against any liability, claim, action, cause of action, suit, damages,
judgment, lien, levy, or proceeding (collectively referred to as "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 related to any Ordinance, Resolution, or action
approving the project,the related entitlements,environmental review documents,finding
or determinations, or any other permit or approval authorized for the project. The
indemnification shall include but not be limited to damages, fees, and costs awarded
against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities, and
expenses incurred in connection with such proceeding whether incurred by the Applicant,
the City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual attorneys'
fees and costs incurred in defense of the litigation. Such attorneys' fees and costs shall
include amounts paid to the City's outside counsel 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.The applicant shall likewise agree to indemnify,
defend, and hold harmless the indemnified parties from and against any damages,
attorneys' fees, or costs awards, including attorneys' fees awarded under Code of Civil
Procedure section 1021.5, assessed or awarded against the indemnified parties. The
Applicant shall cooperate with the City to enter a Reimbursement Agreement to govern
any such reimbursement.
The Applicant shall agree to (without limitation)reimburse the City for all costs incurred
in additional investigation or study of, or for supplementing, redrafting, revising, or
amending,any document(such as an Environmental Impact Report,negative declaration,
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specific plan, or general plan amendment) if made necessary by proceedings challenging
the project approvals and related environmental review, if the applicant desires to
continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for business
interruption, punitive, speculative, or consequential damages.
18. 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 30,2021.
Staff received comments from two property owners across the street from the project
address. One neighbor expressed concerns with construction parking, tree removals, and
the reduction of available on-street parking due to the proposed driveway
approach. A second neighbor inquired about approval process, construction activities,
and tree removals,and expressed concerns about not having received notice or plans,and
about construction parking and monitoring.
Staff has communicated the following to the neighbors:
• The driveway curb cut is limited to the maximum width allowed by the
Department of Public Works standard.
• Public notices were sent to immediately adjacent property owners pursuant CMC
Section 19.12.030. Staff provided a copy of the site plan and elevation drawings
with the response to the neighbor concerned about the lack of notice.
• Protected tree species are subject to a Tree Removal Permit and replacement
planting,but trees not protected do not require a permit and may be removed at
the discretion of the applicant to accommodate development.
• Decisions regarding Two Story Permits and Tree Removal Permits are made
administratively after a two-week public comment period(CMC Section 19.28.040
and 14.18.110(C)(1)).
Finally,upon discussions with the applicant to help identify solutions to address concerns
related to construction and associated parking, the applicant has agreed to submit a
Construction Parking Plan to help minimize and disperse the construction-related
parking along Santa Lucia Road. A condition of approval has been added to this effect.
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Staff has made all the findings that are required for approval of a Two Story Permit and
Tree Removal Permit as required by Cupertino's Municipal Code, Chapter 19.28.140(B)
and Chapter 14.18.180(A).
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.
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-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(August 13,2020 at 5:00 p.m.). If this happens,
you will be notified of a public hearing,which will be scheduled before the Planning
Commission.
Please find a copy of the appeal form attached for your convenience and to ensure
your health and safety during the COVID pandemic (also available online at:
www.cul2ertino.org/121anningforms.) The completed appeal form and filing fee must
be received by the deadline to appeal and may be submitted in one of the following
ways:
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1. Preferred:Email the completed form to cityclerkCcupertino.org and call(408)
777-3223 between 7:30AM-5:30PM (M-Th) and 7:30AM-4:30PM(F)to arrange
for payment by credit card.
2. Other options:
a. Mail the completed form and a check in the amount of$277 to Attn: City
Clerk, City of Cupertino, 10300 Torre Avenue, CA 95014.
b. Obtain an appointment to file the appeal by contacting the City Clerk by
email or phone(see contact information above).
Please contact the City Clerk's office for additional guidance and instructions on
how to file.
Sincerely,
Jeffrey Tsumura
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
cc:John Kolski, 10540 Santa Lucia Road, Cupertino, CA 95014
Bidyut Parruck, 10582 Santa Lucia Road, Cupertino, CA 95014