DIR-2023-017 - Action LetterCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Luke Connolly, Assistant Director of Community Development
Prepared by: Emi Sugiyama, Associate Planners�2 ,� �rrvLBEE
Date: November 2, 2023
Subject: Director's Minor Modification, DIR-2023-017, to consider the conversion of
an existing attic space to conditioned storage space in a residence located in
the Northpoint Planned Development at 10830 Northoak Square, APN 316
41004.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports his decision to the
City Council and Planning Commission in time to allow an appeal of the decision
within 14-calendar days.
BACKGROUND
The subject property is located at
10830 Northoak Square in the
Northpoint Planned Development,
north of Route I-280 and West of N
Blaney Avenue (Figure 1). The
property is zoned P(R1C) or Planned
Development with Residential
Single -Family Cluster use intended.
Development is subject to the
development standards outlined in
City of Cupertino's Municipal Code
("City Code") Chapter 19.44 for R1C
zone and Use Permit U-1972-02.
The existing single-family townhome
was originally approved under Use
Permit U-1972-02 which allowed for
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Figure 1. Site Context
the construction of 213 residential single-family units in the Northpoint Development.
The neighborhood was partially developed with 205 homes under Use Permit U-1971-26.
In accordance with R1C ordinance standards, any minor changes to a previously
approved Use Permit must be approved through a Director's Minor Modification (City
Code Section 19.44.170).
DISCUSSION
The property owner, Sarang Lele, is proposing a minor modification to the previously
approved Use Permit U-1972-02 for 10830 Northoak Square. The proposed modifications
through DIR-2023-017 include the following:
a. Convert 285 square feet of existing attic space to conditioned storage space.
b. Minor interior modifications including the addition of a dividing wall between an
office space and living space and the addition of a stairway adjacent to the garage.
c. Addition of a window and skylight in the proposed storage area.
The proposed attic conversion to conditioned storage area is not considered an addition
of habitable floor area as the conversion does not meet the definition of habitable space
as defined by Chapter 19.08 of the City of Cupertino Municipal Code. Specifically, the
conversion does not result in more than 70 square feet of horizontal space between the
floor area and a ceiling with a height measuring at least seven feet six inches above it.
Figure 2. Section Elevation Drawing with proposed interior storage area dimensions, DIR-2023-017
The proposed scope of work is consistent with the City's Municipal Code and pertinent
development standards. Additionally, the project is consistent with the scope of work
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previously approved for other residences within the Northpoint Planned Development
including:
DIR-2022-003: Attic conversion to useable loft space
DIR-2016-24: Attic conversion to useable loft space
DIR-2015-18: Attic conversion to living space
DIR-2014-30: Attic conversion to storage loft
DIR-2010-06: Attic conversion to useable loft space
The project proposal was also reviewed by the Northpoint Homeowners Association's
Architectural Control Committee on September 5, 2023. The Committee approved the
plans with the condition that City of Cupertino's permit is provided upon issuance. This
condition has been incorporated into the conditions of approval of this modification
(Condition #6).
The modification does not impact the approved floor area ratio, lot coverage, height, or
any other standards of the previously approved Use Permit or of the Cupertino
Municipal Code. Furthermore, the project is not anticipated to create any additional
adverse privacy impacts for adjacent residences, as the project is fully contained within
the existing footprint of the residence and no horizontally facing windows are proposed.
The modification to the design is therefore considered minor in nature.
►AT-61 fiIL1I
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing
Facilities, and further deems the modification to be minor and approves the project
subject to the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "Addition & Remodel for Lee Residence",
prepared by Chapman Design Associates, consisting of 5 sheets labeled AO through
A4, except as may be amended by the conditions contained in this resolution.
2. 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 any property data may invalidate this approval and may
require additional review.
3. BUILDING PERMITS
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The applicant shall consult with the City Building Division to obtain the necessary
building permits prior to commencement of work.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form dated August 11, 2023, 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 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 for consulting 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. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval, in accordance with 26-U-71 shall remain in effect
unless superseded by or in conflict with subsequent conditions of approval and as
specifically amended by this Director's Minor Modification approval.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
8. NOTIFICATION OF NORTHPOINT HOMEOWNERS' ASSOCIATION
The applicant shall provide a copy of this resolution and any associated permits
following issuance.
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6. 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.
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.
9. 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
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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.
10. FUGITIVE DUST CONTROL
Prior to issuance of the any demolition, grading, or building permit, include on all
permit plans, the full text of each of the Bay Area Air Quality Management District's
Basic Control Measures from the latest version of BAAQMD's CEQA Air Quality
Guidelines, as subsequently revised, supplemented, or replaced, to control fugitive
dust (i.e., particulate matter PM2.5 and PM10) during demolition, ground disturbing
activities and/or construction.
11. VOLATILE ORGANIC COMPOUND EMISSIONS FROM PAINT
Prior to issuance of the first building permit, the Applicant shall include a note on all
plans where paint specifications or other design specifications are listed, that the
project design will incorporate only low-VOC paint (i.e., 50 grams per liter [g/L] or
less) for interior and exterior wall architectural coatings.
12. AVOID NESTING BIRDS DURING CONSTRUCTION
Prior to issuance of the any demolition, grading and building permit, indicate the
following on all construction plans:
a. Demolition, construction, ground -disturbing, and tree removal/pruning activities
shall be scheduled to be completed prior to nesting season (February 1 through
August 31), if feasible.
b. If demolition, construction, ground -disturbing, or tree removal/pruning activities
occur during the nesting season (February 1 and August 31), preconstruction
surveys shall be conducted as follows:
i. No more than 7 days prior to the start of demolition, construction, ground -
disturbing, or tree removal/pruning activities, in order to identify any active
nests with eggs or young birds on the site and surrounding area within 100
feet of construction or tree removal activities.
ii. Preconstruction surveys shall be repeated at 14-day intervals until
demolition, construction, ground -disturbing, or tree removal/pruning
activities have been initiated in the area, after which surveys can be stopped.
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As part of the preconstruction survey(s), the surveyor shall inspect all trees
and other possible nesting habitats in, and immediately adjacent to, the
construction areas for active nests, while ensuring that they do not disturb the
nests as follows:
1) For projects that require the demolition or construction one single-
family residence, ground disturbing activities affecting areas of up to
500 square feet, or the removal of up to three trees, the property owner
or a tree removal contractor, if necessary, is permitted to conduct the
preconstruction surveys to identify if there are any active nests. If any
active nests with eggs or young birds are identified, the project applicant
shall retain a qualified ornithologist or biologist to identify protective
measures.
2) For any other demolition, construction and ground disturbing activity
or the removal of four or more trees, a qualified ornithologist or biologist
shall be retained by the project applicant to conduct the preconstruction
surveys.
iii. If the preconstruction survey does not identify any active nests with eggs or
young birds that would be affected by demolition, construction, ground -
disturbing or tree removal/pruning activities, no further mitigating action is
required. If an active nest containing eggs or young birds is found sufficiently
close to work areas to be disturbed by these activities, their locations shall be
documented, and the qualified ornithologist or biologist shall identify
protective measures to be implemented under their direction until the nests
no longer contain eggs or young birds.
iv. Protective measures may include, but are not limited to, 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 or biologist, 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
ornithologist or biologist, if project activities are determined to be adversely
affecting the nesting birds. Exclusion zones may be reduced by the qualified
ornithologist or biologist only in consultation with California Department of
Fish and Wildlife. The protection measures and buffers shall remain in effect
until the young have left the nest and are foraging independently or the nest
is no longer active.
V. 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 prepared by the qualified ornithologist or
biologist and submitted to the Director of Community Development or his or
her designee, through the appropriate permit review process (e.g.,
demolition, construction, tree removal, etc.), and be completed to the
satisfaction of the Community Development Director prior to the start of
demolition, construction, ground -disturbing, or tree removal/pruning
activities.
13. STORMWATER RUNOFF CONTAMINATION
Prior to issuance of any grading or building permits, the project applicant shall
demonstrate compliance with Chapter 9.18 (Stormwater Pollution Prevention and
Watershed Protection) of the Cupertino Municipal Code, to the satisfaction of the City
Engineer or his or her designee. All identified stormwater runoff control measures
shall be included in the applicable construction documents.
14. NOISE AND VIBRATION NOTICE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall send notices of the
planned activity by first class mail as follows:
a. For projects on sites that are more than 0.5 acres or four or more residential units
the notices shall be sent to off -site businesses and residents within 500 feet of the
project site;
b. For projects on sites between 0.25 to 0.5 acres, or two or three residential units
(not including Accessory Dwelling Units) notices shall be sent to off -site
businesses and residents within 250 feet of the project site; or
c. For projects on sites less than 0.25 acres or one residential unit, the notices shall
be sent to off -site businesses and residents within 100 feet of the project site.
The notification shall include a brief description of the project, the activities that
would occur, the hours when activity would occur, and the construction period's
overall duration. The notification should include the telephone numbers of the
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contractor's authorized representatives that are assigned to respond in the event of a
noise or vibration complaint. The City will provide mailing addresses for the
Applicant's use. The project applicant shall provide the City with evidence of mailing
of the notice, upon request. If pile driving, see additional noticing requirements below.
15. NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant/contractor shall ensure that a sign
measuring at least two feet by three feet shall be posted on construction fencing at the
entrance(s) to the job site, clearly visible to the public, and include the following:
a. Permitted construction days and hours;
b. A description of proposed construction activities;
c. Telephone numbers of the City's and contractor's authorized representatives
that are assigned to respond in the event of a noise or vibration complaint; and
d. Contact information for City's and contractor's authorized representatives that
are assigned to respond in the event of a complaint related to fugitive dust,
pursuant to the requirements for compliance with BAAQMD's CEQA Air
Quality Guidelines.
If the authorized contractor's representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the
action taken to the City within three business days of receiving the complaint.
16. NOISE DURING CONSTRUCTION
Prior to issuance of any demolition, grading or building permit, include on plans a
note that, during project construction, the project applicant shall incorporate the
following measures to reduce noise during construction and demolition activity:
a. The project applicant and contractors shall prepare and submit a Construction
Noise Control Plan to the City's Planning Department for review and approval
prior to issuance of the first permit. The Construction Noise Plan shall
demonstrate compliance with daytime and nighttime decibel limits pursuant to
Chapter 10.48 (Community Noise Control) of Cupertino Municipal Code. The
details of the Construction Noise Control Plan shall be included in the applicable
construction documents and implemented by the on -site Construction Manager.
Noise reduction measures selected and implemented shall be based on the type
of construction equipment used on the site, distance of construction activities
from sensitive receptor(s), site terrain, and other features on and surrounding
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the site (e.g., trees, built environment) and may include, but not be limited to,
temporary construction noise attenuation walls, high quality mufflers. During
the entire active construction period, the Construction Noise Control Plan shall
demonstrate that compliance with the specified noise control requirements for
construction equipment and tools will reduce construction noise in compliance
with the City's daytime and nighttime decibel limits.
b. Select haul routes that avoid the greatest amount of sensitive use areas and
submit to the City of Cupertino Public Works Department for approval prior to
the start of the construction phase.
c. Signs will be posted at the job site entrance(s), within the on -site construction
zones, and along queueing lanes (if any) to reinforce the prohibition of
unnecessary engine idling. All other equipment will be turned off if not in use
for more than 5 minutes.
d. During the entire active construction period and to the extent feasible, the use of
noise producing signals, including horns, whistles, alarms, and bells will be for
safety warning purposes only. The construction manager will use smart back-up
alarms, which automatically adjust the alarm level based on the background
noise level or switch off back-up alarms and replace with human spotters in
compliance with all safety requirements and law.
17. 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
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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.
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 two years, it shall expire on
November 2, 2025.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this decision (Thursday, November 16, 2023 at 5:00 p.m.).
If this happens, you will be notified of a public hearing, which will be scheduled
before the Planning Commission. A copy of the appeal form is available online at:
www.cupertino.org/ 21annin 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:
1. Preferred: Bring a signed copy of the appeal form to the City Clerk's office
between 7:30AM - 5:OOPM (M-Th) and 7:30AM - 4:30PM (F).
2. Other options:
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a. Mail the completed form and a check in the amount of $347 to Attn: City Clerk,
City of Cupertino, 10300 Torre Avenue, CA 95014.
b. 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.
Please contact the City Clerk's office for additional guidance and instructions on how to
file.
Enclosures:
Attachment A: Site Plan
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