DIR-2023-018 - Action Letter CITY 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 Planner U
Date: January 18, 2024
Subject: Director's Minor Modification, DIR-2023-018, to consider a 1,072-square-
foot addition to an existing single-family residence within the Oak Valley
Development at 10487 Manzanita Court, APN 342 61015.
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 10487
Manzanita Court, south of Interstate 280
and west of North Foothill Boulevard
(Figure 1). The property is zoned P(Res),
or Planned Development with
Residential use intended and is in
Neighborhood 4 of the Oak Valley a�
Planned Development.
The Oak Valley Planned Development is
a planned single-family residential
development in the Rancho San Antonio
area approved as part of Use Permit (U-
Figure 1.Site Context
1997-06). Single-family homes were
permitted to be developed subject to the Use Permit and Oak Valley Planned
Development Design Guidelines. The project property's existing single-family home was
approved through Use Permit U-1997-06 and Building Permit 00050209, which allowed
the construction of a two-story residence.
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In accordance with Planned Development Zones ordinance standards, any minor
changes to a previously approved development in a Planned Development zoning
district must be approved through a Director's Minor Modification (City Code Section
19.80.050), which is the reason for this application.
DISCUSSION
The property owners, Sashanka Vishnuvajhala and Srilatha Kothur, are proposing a
1,072-square-foot addition to an existing 4,173-square-foot, single-family residence. The
proposed modifications through DIR-2023-015 includes:
a) Two additions at the rear of the residence (approximately 500 square feet each), to
match existing style and materials
b) One addition to the side of the residence, to match existing style and materials
c) Uncovered decks attached to the additions
d) Internal remodel of the second and first floors with no changes to second story
windows
The proposed additions are in compliance with the standards of the Oak Valley Planned
Development for residences in Neighborhood 4.The following table outlines the project's
compliance with the Oak Valley development standards:
General Plan Designation Low Density(1-5 DU/Ac.)
General Plan Area Oak Valley Planned Development
Zoning Designation P(Res)
Net Lot Areal 19,050 square feet
Development Standards Allowed/Required Existing Proposed
Floor Area Ratio (F.A.R.)2 34% of net lot area 21.91% 27.53%
(6,500 s . ft.) (4,173 s . ft.) (5,245 s . ft.)
Lot Coverage 40% of net lot area 14.63% 20.26%
(7,620 s . ft.) (2,787 s . ft.) (3,859 s . ft.)
15t Floor Setbacks
Front 30'Minimum 20' No change3
5'one side, East: 4'-10"
Side No change3
10'other side West: 10'-1"
Rear 25'Minimum 49'-3" 25'-10"
2na Floor Setbacks
Front 35'Minimum 37' No change
10'one side, East: 15'-9"
Side 15'other side West: 11'-6" No change
Rear 25'Minimum 76'-3" No change
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Development Standards Allowed/Required Existing Proposed
Total BuildingHeight 28' maximum 24'-2" No change
1. Per Oak Valley Development Standards, the lot areas include linear parks and private open
space.
2. Per Oak Valley Development Standards,regardless of lot size,the maximum house size is 6500
square feet.The typically allowed FAR is 40%of the net lot area.The percentage shown above
has been modified to reflect a maximum of 6,500 square feet.
3. Per City Code Section 19.140.060,where an existing non-compliant facility exists,an expansion
of the facility can be allowed so long as the expansion does not affect the particular degree or
manner in which the facility fails to comply with one or more provisions of the City Code. In
this case, the first floor front and side yard setbacks are not in compliance with the
requirements of the City Code,however,the proposed addition and remodel to not affect the
degree of the non-compliance.
The residence's design was originally approved through Building Permit 00050209 with
a Prairie-inspired architectural style, consistent with the Oak Valley Planned
Development Design Guidelines. The property owners are not proposing any
modifications to the colors, materials, or architectural elements of the existing street-
facing facade. The proposed addition will match the overall architectural design style,
building height, and roof frame of the existing residence and is therefore consistent with
the Oak Valley Planned Development Design Guidelines.
The subject property is within the City's mapped Hillside Geologic Hazard Zone. A
geologic report was provided by the applicant and peer reviewed by the City's consulting
geologist, John Wallace. As part of his peer review, Mr. Wallace provided
recommendations to address potential geologic and geotechnical concerns. Those
recommendations have been incorporated into the project's conditions of approval (see
Conditions 9 and 10).
The proposed addition does not conflict with 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 does not include any
expansion of the second story or any new second story balconies or windows. The
modification to the residence is, therefore, considered minor in nature.
ACTION
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:
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1. APPROVED EXHIBITS
Approval is based on exhibits titled "SASHANKA VISHNUVAJHALA&SRILATHA
KOTHUR RESIDENCE", prepared by Paul O. Nabena of Studio Nabena and
Parteners, consisting of 18 sheets labeled A1.0 through A1.3, A2.0 through A2.5, A3.0
through A3.3,A4.0,A5.0,A5.1, and E1.2, 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
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. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval, in accordance with U-1997-06, 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.
5. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM
The project shall comply with the requirements indicated on the Public Works
Confirmation form dated September 7, 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.
6. CONSULTATION WITH OTHER DEPARTMENTS
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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.
7. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the
original approved plans and shall be consistent with the approved design of Building
Permit 00050209. 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.
6. 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.
7. BIRD SAFE REQUIREMENTS
Prior to issuance of Building Permits, the applicant/property owner shall submit final
plans in accordance with the approved window plans to comply with development
standards of Cupertino Municipal Code Chapter 19.102 including product
specifications for the proposed windows. 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. 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
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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.
9. STRUCTURAL ENGINEERING FOUNDATION CONFIRMATION
The Project Structural Engineer should confirm the existing foundation conditions,
assure that the foundation is suitable for support of the proposed new loads, and
provide supplemental recommendations, as necessary. Additionally, if the structural
load on the existing foundations will be increased significantly, the Project
Geotechnical Consultant recommends to selectively underpin the foundations as
needed to reduce post-construction differential settlement due to the new loads from
the proposed improvements.
10. GEOTECHNICAL PLAN REVIEW
The applicant's Geotechnical Consultant should review and approve all geotechnical
aspects of the development plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations) to ensure that their
recommendations have been incorporated. The Foundation Confirmation and
Geotechnical Plan Review should be submitted to the City for review by the City
staff prior to issuance of building permits. The following should be performed prior
to final (as-built) project approval:
Geotechnical Construction Inspections -The geotechnical consultant should
inspect, test (as needed), and approve all geotechnical aspects of the project
construction. The inspections should include, but not necessarily be limited to:
site preparation and grading, site surface and subsurface drainage improvements
and excavations for foundations prior to the placement of steel and concrete.
The results of these inspections and the as-built conditions of the project should
be described by the geotechnical consultant in a letter and submitted to the City
Engineer for review prior to final project approval.
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
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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.
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.
11. 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.
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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.
12. 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 BAAOMD's CEOA 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.
13. 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.
14. 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
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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.
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
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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.
15. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall provide written verification, including the
materials provided to contractors and construction crews, to the City confirming that
contractors and construction crews have been notified of basic archaeological site
indicators, the potential for discovery of archaeological resources, laws pertaining to
these resources, and procedures for protecting these resources as follows:
a. Basic archaeological site indicators that may include,but are not limited to,darker
than surrounding soils of a friable nature; evidence of fires (ash, charcoal, fire
affected rock or earth); concentrations of stone, bone, or shellfish; artifacts of
stone, bone, or shellfish; evidence of living surfaces (e.g., floors); and burials,
either human or animal.
b. The potential for undiscovered archaeological resources or tribal cultural
resources on site.
c. The laws protecting these resources and associated penalties, including, but not
limited to, the Native American Graves Protection and Repatriation Act of 1990,
Public Resources Code Section 5097, and California Health and Safety Code
Section 7050 and Section 7052.
d. The protection procedures to follow should construction crews discover cultural
resources during project-related earthwork, include the following:
i. All soil disturbing work within 25 feet of the find shall cease.
ii. The project applicant shall retain a qualified archaeologist to provide and
implement a plan for survey, subsurface investigation, as needed, to define
the deposit, and assessment of the remainder of the site within the project area
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to determine whether the resource is significant and would be affected by the
project.
iii. Any potential archaeological or tribal cultural resources found during
construction activities shall be recorded on appropriate California Department
of Parks and Recreation forms by a qualified archaeologist. If the resource is a
tribal cultural resource, the consulting archaeologist shall consult with the
appropriate tribe, as determined by the Native American Heritage
Commission, to evaluate the significance of the resource and to recommend
appropriate and feasible avoidance, testing, preservation or mitigation
measures, in light of factors such as the significance of the find, proposed
project design, costs, and other considerations. The archeologist shall perform
this evaluation in consultation with the tribe.
16. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to issuance of the any demolition,grading and building permits that involve soil
disturbance, include on plans a note that, during project construction, the project
applicant shall comply with California Health and Safety Code Section 7050.5 and
California Public Resources Code Section 5097.98.
a. In the event of discovering human remains during construction activities, there
shall be no further excavation or disturbance of the site within a 100-foot radius of
the remains, or any nearby area reasonably suspected to overlie adjacent remains.
b. The Santa Clara County Coroner shall be notified immediately and shall make a
determination as to whether the remains are Native American.
c. If the Santa Clara County Coroner determines that the remains are not subject to
his authority, he shall notify the Native American Heritage Commission (NAHC)
within 24 hours.
d. The NAHC shall attempt to identify descendants (Most Likely Descendant) of the
deceased Native American.
e. The Most Likely Descendant has 48 hours following access to the project site to
make recommendations or preferences regarding the disposition of the remains.
If the Most Likely Descendant does not make recommendations within 48 hours
after being allowed access to the project site, the owner shall, with appropriate
dignity, reinter the remains in an area of the property secure from further
disturbance and provide documentation about this determination and the location
of the remains to the NAHC and the City of Cupertino. Alternatively, if the owner
does not accept the Most Likely Descendant's recommendations, the owner or the
descendent may request mediation by the NAHC. Construction shall halt until the
mediation has concluded.
17. STORMWATER RUNOFF CONTAMINATION
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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.
18. 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
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.
19. 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.
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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.
20. 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 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.
21. PALEONTOLOGICAL RESOURCES
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Prior to issuance of the any demolition, grading or building permit, include on plans
a note that, during project construction, the project applicant shall implement the
following measures:
a. If paleontological resources are encountered during ground disturbing and/or
other construction activities, all construction shall be temporarily halted or
redirected to allow a qualified paleontologist, which shall be retained by the
project applicant, to assess the find for significance and the Applicant shall notify
the City.
b. If paleontological resources are found to be significant, the paleontological
monitor shall determine appropriate actions, in coordination with a qualified
paleontologist, City staff, and property owner. Appropriate actions may include,
but are not limited to, a mitigation plan formulated pursuant to guidelines
developed by the Society of Vertebrate Paleontology and implemented to
appropriately protect the significance of the resource by preservation,
documentation, and/or removal, prior to recommencing activities. Measures may
include, but are not limited to, salvage of unearthed fossil remains and/or traces
(e.g., tracks, trails, burrows); screen washing to recover small specimens;
preparation of salvaged fossils to a point of being ready for curation(e.g., removal
of enclosing matrix, stabilization and repair of specimens, and construction of
reinforced support cradles);and identification, cataloging, curation,and provision
for repository storage of prepared fossil specimens.
22. 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
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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.
23. 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 two years,it shall expire on January
18, 2026.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this decision (Thursday,February 1,2024, 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.orgZplannin 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:
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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:
a. Mail the completed form and a check in the amount of $379 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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