R-2020-027, RM-2020-020 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
August 17,2021
Mehran Soltanzadeh
1622 W. Campbell Ave., #50
Campbell, CA 95008
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION
LETTER-Application R-2020-027, RM-2020-020
This letter confirms the decision of the Director of Community Development, given on
August 17,2021 approving a Two-Story Permit(R-2020-027) to allow for the construction
of a new 3,043 square-foot two-story residence with an attached 513 square-foot attached
ADU and a Minor Residential Permit(RM-2020-020)to allow for a new second-story rear-
facing balcony located at 866 E. Estates Dr.with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Han Residence 10535 866 E. Estates Dr.,
Cupertino 95014", consisting of 14 sheets labeled "A0.0-A0.2, A1.01, A1.02, A2.11-A2.40,
A3.01, A3.02,A4.01, A7.01, C01, and L1.01," 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
installations/relocations as deemed necessary by the Director of Public Works and
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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. 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.
7. 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.
8. 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.
9. 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.
10. 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
landscape area between 500 square feet and 2,500 square feet. The Landscape
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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.
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. 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.
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 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.
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.
The applicant shall comply with the above grading and construction hours and noise limit
requirements unless otherwise indicated.
15. SUPPLEMENTAL GEOTECHNICAL CRITERIA
The Project Geotechnical Consultant should address the following items prior to building
permit approval from a geotechnical standpoint:
• The property is situated within a City Liquefaction Hazard Zone,as delineated by
the City Hazard Map.The consultant should be aware of(and reference)the site's
location within this zone and address the liquefaction hazard to industry
standards for liquefaction an evaluation. This includes exploring the site
subsurface conditions to minimum 50-foot depths to identify potentially
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liquefiable soils, and to evaluate groundwater conditions. The boring performed
for the investigation only extended 10 feet below the ground surface.
• The Project Geotechnical Consultant should update their report to included
seismic design parameters consistent with CBC-2019.
• The consultant should acknowledge the creek embankment in the rear of the
property and assure that this embankment has been considered in the
development of foundation design criteria (i.e., evaluate its current condition,
identify any potential slope instability hazards, and evaluate the foundation pier
depth in relation to the embankment slope with a cross section).
• Recommendations have been provided for retaining wall back drains that include
a 12-inch thick layer of drainrock, and a 4-inch perforated pipe within the
drainrock, but no filter fabric has been recommended to surround the drainrock.
The consultant should provide filter fabric recommendations for backdrains and
subdrains.
16. GENERATION OF STRUCTURAL PLANS
Structural plans for the new residence should be generated that incorporate the
recommendations of the Project Geotechnical Consultant.
17. GEOTECHNICAL PLAN REVIEW
The applicant's geotechnical consultant should review and approve all geotechnical
aspects of the development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations and retaining walls) to ensure that
their recommendations have been properly incorporated.
The Supplemental Geotechnical Criteria, Structural Plans, and Geotechnical Plan Review
should be submitted to the City for review by the City staff and City Geotechnical
Consultant prior to issuance of building permits. The following should be performed
prior to final (as-built)project approval.
18. GEOTECHNICAL CONSTRUCTION INSPECTIONS
The geotechnical consultant should inspect, test, and approve all geotechnical aspects of
the project construction.The inspections should include,but not necessarily be limited to:
site preparation and grading, site surface and subsurface drainage improvements and
excavations for foundations and retaining walls prior to the placement of steel and
concrete.
The results of these inspections and the as-built conditions of the project should be
described by the geotechnical consultant in a letter and be submitted to the City Engineer
for review prior to final project approval.
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19. 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,
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.
20. 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.
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Please note that if this permit is not vested within a year,it shall expire on August 17,
2022.
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 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 privacy protection plantings 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 (Wednesday, September 1,2021 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.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:
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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
Enclosures:
Approved Plan Set
CC: Xing Han,866 E.Estates Dr.,Cupertino,CA 95014