R-2021-011, RM-2021-010 Action LetterCITY OF
IM
CUPERTINO
May 21, 2021
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
Ken Zhai
11566 Fallcreek Spring Ct.
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMIT ACTION
LETTER — Application R-2021-011, RM-2021-010
This letter confirms the decision of the Director of Community Development, given on
May 21, 2021 approving a Two -Story Permit (R-2021-011) to allow for the construction of
a new 2,567 square -foot two-story residence with an attached 573 square -foot accessory
dwelling unit and a Minor Residential Permit (RM-2021-010) to allow for a new second -
story rear -facing balcony located at 10618 Gascoigne Dr., with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled "Wei Gascoigne Property, New Custom
Homes, 10618 Gascoigne Dr., Cupertino 95014", consisting of 11 sheets labeled "A0.1,
A0.2, A2.1, A2.2, A3.1, A3.2, L0, L1, L2, L3, AND L4" 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 dated April 5, 2021 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
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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. 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 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
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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. 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
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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.
16. 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 May 11,
2022.
Staff received following public comments from one adjacent property owner (staff's
response is in italics):
• The owner had concerns about the setbacks for the ADU and privacy concerns
regarding the second story balcony.
The proposed second story deck has been reviewed to meet privacy screening standards in
accordance with City's Municipal Code Section 19.28.070 (G.). A Privacy Mitigation Plan
has been included as a component of this project in order to address privacy protection to
neighboring residential properties. Privacy plantings have been proposed as screen materials
along the rear yard to add privacy protection. Please see the attached Privacy Mitigation Plan
for more information.
The State of California has set the development standards for Accessory Dwelling Units,
which all cities must abide by. As proposed ADU meets the State's development standards for
ADU setbacks. For more information regarding these development standards please visit
www.cupertino.org/adu. Please let me know if you have any further inquiries.
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 R1-5 (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.
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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 (Monday, May 21, 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[121annin fg orms.) 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:
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 $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,
Victoria Ortiz
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Ken Zhai,11566 Fallcreek Spring Ct, Cupertino, CA 95014
William Delevati,18395 Chelmsford Dr, Cupertino, CA 95014