R-2019-030, RM-2019-022 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 31, 2020
Ali Zamani
1011 South De Anza Blvd.
San Jose, CA 95129
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION
LETTER—Application R-2019-030,RM-2019-022
This letter confirms the decision of the Director of Community Development, given on
July 31,2020 approving a Two-Story Permit(R-2019-030)to allow the construction of a 39
square-foot second-floor addition and a Minor Residential Permit(RM-2019-022)to allow
a portion of the 592 square-foot first-floor addition to encroach 9'-1"into the required rear
yard setback located at 932 Providence Court,with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Donthi Residence Proposed New Addition,
932 Providence Court,Cupertino,CA 95014",consisting of fifteen(15)sheets labeled"Al,
A1.0,A1.1,A1.2,A2,A2.1,A3,A3.1,A4,A5,A6,A7,A8,A9, and A10" and a Boundary&
Topographic Survey consisting of two(2) sheets labeled "BT1 and BT2" 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 including, but not limited to, dedications, easements, off-site
improvements, undergrounding of utilities, all necessary agreements, and utility
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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.
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. SIDE YARD SETBACK COVENANT
The property owner shall record a covenant on this property to inform future property
owners that the left(north) side yard setback is the non-conforming setback and the right
(south) side yard setback is the conforming setback. Any future additions along the left
(north) side property line must be setback in order to provide a combined side yard
setback of 15 feet (and/or subject to the discretionary approval of the City of Cupertino).
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.
7. ACCESORY BUILDINGS/STRUCTURES
The location of all existing and proposed accessory buildings and/or structures shall be
indicated on building permit plans and shall comply with Chapter 19.100, Accessory
Buildings/Structures, of the Cupertino Municipal Code for review and approval prior to
issuance of building permits.
8. 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.
9. 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
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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.
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. 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.
13. 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.
14. 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.
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
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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. 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
17. INDEMNIFICATION AND LIMITATION OF LIABILITY
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
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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,
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 31,2021.
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Staff received public comments from two property owners requesting the following
information(staff s response is in italics):
• Clarification on whether an analysis of the soil was conducted.
The subject property and surrounding properties are not located in a geologic hazard
zone.A geologic review of the project is therefore not required. The Building Division
Plan Check Engineers will determine if a soils report and analysis will be required for
the project during the Building Permit review process.
• Clarification on the construction timeline for the project.
The project construction timeline is unknown at this time given that the project will
still need to undergo Building Permit review and issuance prior to starting
construction.
• Clarification on where the existing shed will be relocated.
Unless removed from the site, the shed will be required to comply with the Accessory
Buildings/Structures Ordinance of the Cupertino Municipal Code (CMC). The
minimum setback for detached accessory structures is 3'from the property line. The
required setback for the structure is dependent on the wall plane height per CMC
Section 19.100.030(1)(h) and CMC Chapter 19.100, Appendix A. The location or
removal of the shed will be finalized and approved during Building Permit review per
Condition #7.
• Clarification on the required first-floor side yard setbacks.
The home is located in the R1-6 zoning district. The required first floor side-yard
setbacks for R1-6 residences is 15' combined, with a minimum of 5'on one side. The
setback is measured from the property line to the building wall. While the existing
home is considered legal non-conforming, the addition conforms to the code in terms
of setbacks and other development regulations.
• Clarifications on whether objections to the plans are confidential or shared
with the owner.
All objections submitted during the comment period(7116—7130)will become part of
the public record for the project.
• Clarification on the Public Works note regarding the undergrounding of
electrical service.
Planning staff is unable to clarify the requirements for the Public Works Department.
The Public Works Department will review the project for compliance during Building
Permit submittal.
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Staff has made all the findings that are required for approval of a Two-Story Permit and
a 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 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 R1-6 (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 installation of a front-yard tree as required and 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, August 14 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:
1. Preferred:Email the completed form to cityclerk@cupertino.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.
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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,
n ®
Erika Poveda
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Ravindra Donthi,932 Providence Ct.,Cupertino,CA 95014
Peter Wang,921 Liberty Ct.,Cupertino,CA 95014
Theodore Tsuchida,940 Providence Ct.,Cupertino,CA 95014