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R-2021-053, RM-2021-038 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 February 10,2022 Jackson Lu Jackson-lu@outlook.com SUBJECT: TWO STORY PERMIT AND MINOR RESIDENTIAL PERMITACTION LETTER—Application R-2021-053,RM-2021-038 This letter confirms the decision of the Director of Community Development, given on February 10,2022 approving a Two-Story Permit(R-2021-053)to allow for a new 4,175 sq. ft.two-story single family residence and Minor Residential Permit(RM-2021-038)to allow a 120 sq. ft. second story balcony, located at 10395 Judy Ave, with the following conditions: 1. APPROVED EXHIBITS The approval is based on a plan set entitled "Proposed Residential New Construction For Mrs. Huang and Mr. Liu 10395 Judy Ave. Cupertino, CA 95014", consisting of 18 sheets labeled "Al,A2,A3,A4,A5,A6,A7,A8, C.0,D1,Light Fixture,L0,L1,L2,L3,L4,L5, and STR" 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. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated October 27, 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 10395 Judy Ave Page 2 of 8 R-2021-053,RM-2021-038 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. 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. 7. 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. 8. 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. 9. 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. 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 Documentation Package or Prescriptive Compliance Application shall be reviewed and 10395 Judy Ave Page 3 of 8 R-2021-053,RM-2021-038 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. 10395 Judy Ave Page 4 of 8 R-2021-053,RM-2021-038 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. 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. 10395 Judy Ave Page 5 of 8 R-2021-053,RM-2021-038 16. 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. 17. 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 10395 Judy Ave Page 6 of 8 R-2021-053,RM-2021-038 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 February 10, 2023. Staff received public comments and concerns from one member of the community and one adjacent neighbor. Staff's response is in italics: • The city ordinance allows for a new home placed on a high foundation/crawlspace, tall ceilings, wall plates, and other features that impact surrounding neighbors based on proposed scale of the new home. Staff recorded the public comment, shared the comment with the subject property owners/applicant, and responded to the commenter. Staff responded to explain that the proposed Two-Story Permit and Minor Residential Permit are required to comply with the Two Story and Single-Family Design Guidelines and Principles Per CMC Section 19.28.110. The proposed design substantially complies with the development standards of the code and with the design guidelines in that the mask and bulk of the design is predominantly compatible with the neighborhood pattern of two-story homes through the area. • Privacy impacts with second-story home, light trespass, and bulk of new home. Staff recorded the public comment, shared the comment with the subject property owners/applicant,and responded to the commenter. Staff responded to explain the proposed project and that the project was substantially conforming to the development standards such as height, building envelope, and setbacks of CMC Section 19.28.070. Additionally, the light fixtures were also reviewed and comply with CMC Section 19.102.040(Dark Sky Ordinance). • Privacy impacts of second story balcony and material. Staff recorded the public comment, shared the comment with the subject property owners/applicant,and responded to the commenter. Staff responded to explain the proposed project with the second story balcony was required to obtain a Minor Residential Permit, where the goal is to not require complete visual protection, but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. Projects with new second story balconies are required to provide privacy plantings to mitigate privacy impacts to adjacent neighbors to be consistent with CMC Section 19.28.110. The proposed project includes plantings as shown on sheet L1 to mitigate privacy concerns. 10395 Judy Ave Page 7 of 8 R-2021-053,RM-2021-038 • Question about whether the home was being built by a developer or by a potential homeowner. Staff recorded the public comment, shared the comment with the subject property owners/applicant, and responded to the commenter. Staff directed the applicant to this question as it was not specific to the development of the project. • Issues with privacy plantings and consensus between neighbors. Staff recorded the public comment, shared the comment with the subject property owners/applicant,and responded to the commenter.Proposed privacy screen materials may be found here: https://www.cupertino.org/home/showpublisheddocument?id=12307. And the location/separation requirements between plantings is subject to review and approval by the Planning Division at time of inspection. However, we do encourage applicants to conduct outreach to surrounding property owners prior to formal application submittals for discretionary projects and discussions for location of planting may be possible. This comment should be address by the applicant to mitigate the concerns expressed. • Demolition methods and plans to remove existing structure. Staff recorded the public comment, shared the comment with the subject property owners/applicant, and responded to the commenter. Staff summarized that the proposed demolition permit is being processed by the Building Division and all demolition activity shall be consistent with the requirements of BAAQMD, Residential Building Code, Planning Division Municipal Code, and other agency best management practices. Furthermore, the Planning Division recently adopted a Standard Environmental Protection ordinance that may mitigate potential impacts for construction activity. Please find the copy here for reference: https:Hcodelibrary.amlegal.com/codes/cupertino/latest/cupertino_ca/0-0-0-97167 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 (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, 10395 Judy Ave Page 8 of 8 R-2021-053,RM-2021-038 safety or welfare as the projects is located within the R1-10 (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. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through installation of a front-yard tree as required by the R-1 Ordinance and additional privacy plantings to screen the windows that have sill heights of 5-feet or less and to second story balcony. Also, please note that an appeal of this decision can be made within fourteen (14) calendar days from the date of this letter (Thursday, Feburary 24,2022 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.cupertino.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. Sincerely, /s/ Brianne Harkousha Associate Planner City of Cupertino Enclosures: Approved Plan Set CC: Lisa Warren, la-warren@att.net Lissa Kim and Eugene Chung, 10381 Judy Avenue Cupertino, CA 95014