RM-2021-009 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
June 10,2021
Chanh Huynh
1071 Colony Hills Lane
Cupertino, CA 95014
SUBJECT: MINOR RESIDENTIAL PERMIT ACTION LETTER - Application RM-2021-
009
This letter confirms the decision of the Director of Community Development, given on
June 10, 2021 approving a Minor Residential Permit (RM-2021-009) to allow for a new
811 square foot one story addition to encroach 2' into the rear yard setback, located at
1071 Colony Hills Lane,with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Huanh's Residence', consisting of 21 sheets
labeled "T1, TP, Al-A8, E1, E2, S1-S5, and T24-1 -T24-3" 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.
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5. 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.
6. 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.
7. 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.
8. 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 exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) 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) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c) All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph.
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at
all access points.
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g) All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h) Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District's phone number shall also be
visible to ensure compliance with applicable regulations.
i) The applicant shall incorporate the City's construction best management
practices into the building permit plan set.
9. 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.
10. 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
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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.
11. 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.
Please note that if this permit is not vested within a year, it shall expire on June 1,
2022.
Staff has made all the findings that are required for approval of 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).
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.
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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 R1-6i (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 setback and first-floor building envelope conformance.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this letter (Tuesday, June 24, 2021 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.cupertino.org[planningforms.) 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 ciiyclerk@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$325 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,
Gian Paolo Martire
Senior Planner
City of Cupertino
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Enclosures:
Approved Plan Set