R-2021-039 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
January 24,2022
Aditi Mukerjee
1448 S. Stelling Rd.
Cupertino, CA 95014
SUBJECT: TWO STORY PERMIT ACTION LETTER-Application R-2021-039
This letter confirms the decision of the Director of Community Development, given on
January 24, 2022, approving a Two-Story Permit (R-2021-039) to allow for a new 2,934
square-foot two-story residence and a 722 square-foot attached accessory dwelling unit
located at 10365 Sterling Boulevard,with the following conditions:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled"New Two-Story Residence w/Attached ADU
for Bharathwaj M.Lakshminarayanan&Ramya Krishnan, 1065 Sterling Blvd, Cupertino,
California", consisting of 13 sheets labeled "Al, A3, A4,A5,A6, A7, A8,A9, A10, A11, L-
01, TS, and Topographic Survey" 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 November 9, 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
and required for public health and safety.The Public Works Confirmation is a preliminary
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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. BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved plans to comply with development standards of
Cupertino Municipal Code Section 19.102.030 Bird-Safe Development Requirements. In
the event changes are proposed from the approved plans,said changes must be reviewed
and approved by the Director of Community Development or their designee. The
applicant shall provide all necessary documentation required to determine compliance
with the Municipal Code.
7. DARK SKY COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in compliance with the approved lighting plans to comply with development
standards of Cupertino Municipal Code Section 19.102.040 Outdoor Lighting
Requirements. In the event changes are proposed from the approved plans, said changes
must be reviewed and approved by the Director of Community Development or their
designee. The applicant shall provide all documentation required to determine
compliance with the Municipal Code.
8. 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.
9. 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.
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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.
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.
10. 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.
11. 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.
12. FENCE LANDSCAPING
The applicant shall provide landscaping in the required side yard setback between the
public right of way and the fence and/or retaining wall. Landscaping shall consist of
drought tolerant plantings, provide visual relief to the fence, and be appropriately
irrigated and maintained by the property owner.
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13. 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.
14. 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.
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 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. 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.
17. NESTING BIRDS
Nests of raptors and other birds shall be protected when in active use, as required by
the federal Migratory Bird Treaty Act and the California Department of Fish and
Game Code.
a. Construction and tree removal/pruning activities shall be scheduled to avoid
the nesting season to the extent feasible. If feasible, tree removal and/or
pruning shall be completed before the start of the nesting season to help
preclude nesting. The nesting season for most birds and raptors in the San
Francisco Bay area extends from February 1 through August 31.
Preconstruction surveys(described below)are not required for tree removal or
construction activities outside the nesting period.
b. If construction activities and any required tree removal occur during the
nesting season (February 1 and August 31), a qualified ornithologist shall be
required to conduct surveys prior to tree removal or construction activities.
Preconstruction surveys shall be conducted no more than 14 days prior to the
start of tree removal,pruning or construction.Preconstruction surveys shall be
repeated at 14-day intervals until construction has been initiated in the area
after which surveys can be stopped.During this survey,the ornithologist shall
inspect all trees and other possible nesting habitats in and immediately
adjacent to the construction areas for nests.
c. If the survey does not identify any nesting birds that would be affected by
construction activities, no further mitigation is required. If an active nest
containing viable eggs or young birds is found sufficiently close to work areas
to be disturbed by these activities, their locations shall be documented and
protective measures implemented under the direction of the qualified
ornithologist until the nests no longer contain eggs or young birds.
d. Protective measures shall include establishment of clearly delineated exclusion
zones (i.e. demarcated by identifiable fencing, such as orange construction
fencing or equivalent) around each nest location as determined by the
qualified ornithologist, taking into account the species of birds nesting, their
tolerance for disturbance and proximity to existing development. In general,
exclusion zones shall be a minimum of 300 feet for raptors and 75 feet for
passerines and other birds. The active nest within an exclusion zone shall be
monitored on a weekly basis throughout the nesting season to identify signs
of disturbance and confirm nesting status.The radius of an exclusion zone may
be increased by the qualified biologist,if project activities are determined to be
adversely affecting the nesting birds. Exclusion zones may be reduced by the
qualified biologist only in consultation with California Department of Fish and
Wildlife. The protection measures and buffers shall remain in effect until the
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young have left the nest and are foraging independently or the nest is no longer
active.
e. A final report on nesting birds and raptors, including survey methodology,
survey date(s),map of identified active nests(if any),and protection measures
(if required),shall be submitted to the Planning Manager,through the building
permit review process,and be completed to the satisfaction of the Community
Development Director prior to the start of grading.
18. 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.
19. 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.
20. 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
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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.
21. 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 January 24,
2023.
Staff received following public comments from one property owner. Staff's response is in
italics:
• The adjacent property owner requested confirmation that fire sprinklers
would be required to be installed for the new residence.
Staff recorded the public comment, shared the comment with the subject property
owners/applicant, and responded to the commenter. Staff explained that all new
construction must comply with the California Building Code, including any
requirements for fire sprinklers. The Building Division will review fire sprinkler
requirements for the project during Building Permit submittal.
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• The adjacent property owner stated a general concern/complaint regarding the
overall size,height, and setbacks of the proposed residence.
Staff recorded the public comment, shared the comment with the subject property
owners/applicant, and responded to the commenter. Staff explained that all properties
zoned as single-family residential (R1) are limited to a maximum floor area ratio of
45%of the net lot area. Additionally, per State law, accessory dwelling units (ADUs)
that are 800 square feet or less are not limited by floor area ratio. The proposed project
complies with the Cupertino Municipal Code by proposing a new main home with a
floor area ratio of 44.9% and a 722 square foot ADU.
The proposed two-story residence also complies with the height limits set out in the
Cupertino Municipal Code. Per the R1 Ordinance (Chapter 19.28 of the Cupertino
Municipal Code), the maximum height for single-family residences in the R1 zoning
district is 28 feet. The proposed main home has a proposed height of 27'-2", thereby
complying with the maximum height requirement.
Additionally, the project complies with all required minimum setbacks for the first and
second floors as well as for the ADU. Furthermore, as proposed, the project does not
require any setback variances.Per recent State law, the ADU is permitted to have side-
yard and rear-yard setbacks of four feet, and the property need not comply with any
usable rear yard requirements.
• The adjacent property owner expressed privacy concerns for adjacent
residences due to the two-story structure.
Staff recorded the public comment, shared the comment with the subject property
owners/applicant, and responded to the commenter. Staff explained that per the R1
Ordinance,all residences within the R1 zoning district with new and/or modified two-
story windows with a windowsill below five feet from finished floor are required to
install City-approved privacy plantings prior to final occupancy. The privacy
plantings are required to be inspected by an arborist/licensed landscape architect as
well as City staff.Additionally, the property owner is required to record an agreement
with Santa Clara County agreeing to maintain all required privacy plantings.
• The adjacent property owner expressed concerns about inadequate off-street
parking for the proposed main residence and ADU.
Staff recorded the public comment, shared the comment with the subject property
owners/applicant, and responded to the commenter. Staff explained that the parking
requirement for a single-family residence is two covered (garage) and two uncovered
(driveway)parking stalls per the Parking Ordinance(Chapter 19.124 of the Cupertino
Municipal Code). The proposed project complies with the parking requirement by
proposing a two-car garage with a two-car driveway. Per State law, the project is not
required to provide additional parking for the proposed ADU.
Staff has made all the findings that are required for approval of a Two-Story Permit as
required and no additional conditions were placed as a condition for approval by
Cupertino's Municipal Code, Chapter 19.28.140 (B).
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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.
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 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 (Monday, February 7, 2022, 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$344 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.
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Sincerely,
�t442' �0d"dtz
Erika Poveda
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
CC: Bharathwaj M.Lakshminarayanan, 10365 Sterling Boulevard,Cupertino,CA 95014
Stacy Wilson, 18630 Crabtree Avenue,Cupertino,CA 95014