DIR-2024-009 - Action LetterDIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 2 of 12
waterline tile, pool and spa handrails, pool enclosure fence, gate and handrails, outdoor
shower, planting and irrigation.
Tree removal permit TR-2024-032 assessed thirty trees within the proposed project scope.
The exterior landscape renovation includes the removal and replacement of four (4), 3”
DBH, Magnolia Grandiflora development trees—with four (4) 48”-box Magnolia
Grandiflora replacement trees on site. The project arborist has assessed the project plans
and concluded that the trees will not survive the impacts from site improvements. The
alignment of the west fence runs through the trunks of trees #48-#51, requiring removal
of the trees. Magnolia Trees #60, #61 & #62 with approximately 10” DBH have been
identified for preservation. The east edge of the new hardscape will be approximately 1-
2 feet further to the east than current conditions, placing the edge of the hardscape
between 3-5 feet from the trees. The applicant’s arborist has recommended further design
changes to better ensure the retention of these trees. The applicant shall continue working
with the City in the building permit phase to make the required design changes needed
to protect the trees in place. None of the trees proposed to be removed are protected
specimen trees listed in Cupertino Municipal Code 14.18 Protected Tree Ordinance.
However, all trees on commercial sites are considered protected development trees that
require review for removal and replacement per the standards outlined in CMC 14.18.160
Tree Replacement ordinance. Furthermore, the project has demonstrated that the
proposed replacement trees and landscape plan are compliant with the City of
Cupertino’s Water Budget Worksheet and Water-Efficient Landscape Checklist.
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 minor and approves the project with the
following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits prepared by Wald Ruhnke & Dost Architects LLC,
consisting of fifty-eight (58) sheets C-100 to C-400, C-501, E001, E011, E021, E101, E102,
A201, E501, ED101, L-100, L-201, L-300, L-301, L-401, L-600, L-601, L-602, L-610, L-620,
L-621, L-622, L-640, L-700A, L-700B, L-701, L-750, L-751, L-800, L-801, L-901, L-1000,
L-1100, L-1101, L-1102, L-1103, L-1104, L-1105, L-1106, L-1107, L-1108, L-1109, L-1110,
L-1111, L-1200, L-1201, L-1202, P001, P201, S1.00, S1.02, SP-001, SP-101, SP-102, and
SP-103, as provided to the City on July/11/2024, and exhibits titled “The Hamptons
Apartment Homes Pool Deck Replacement” prepared by Arbor MD Tree Care Inc.,
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 3 of 12
consisting of twenty-eight PDF pages, except as may be amended by the conditions
contained in this resolution.
2. 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 any property data may invalidate this approval and may
require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. U-1996-14 and TR-2022-034 shall be
applicable to this approval.
4. BUILDING PERMIT REQUIRED
This approval does not constitute building permit approval; a separate building
permit review and approval is required.
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. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
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. TRASH, RECYCLING AND COMPOST ENCLOSURES
Trash enclosure plans must be designed to the satisfaction of the Environmental
Services Division. Clearance by the Public Works Department is required prior to
issuance of any City of Cupertino permits.
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 4 of 12
9. 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.
10. 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.
11. NOISE AND VIBRATION NOTICE
a. 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 to off-site businesses and residents within 500
feet of the project site.
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 5 of 12
b. The City will provide a template notice and mailing addresses for the Applicant’s
use. The final notice must be approved by City staff prior to sending.
c. The project applicant shall provide the City with evidence of mailing of the notice,
upon request.
d. Please note that, if pile driving, the requirements for noticing and monitoring
outlined in City Code Section 17.04.050 G (3) shall apply.
12. 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 four feet by six 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.
13. 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
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 6 of 12
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.
14. TREE REMOVAL AND REPLACEMENTS
Four replacement trees and associated irrigation, per the landscape plans and as
identified in the exhibits, shall be planted and installed to mitigate the development
trees removed (Tree IDs 48-51).
15. TREE AND LANDSCAPE MAINTENANCE
The property owner shall be responsible for ensuring that all trees and landscaping is
properly maintained including but not limited to ensuring that there is adequate soil
drainage, that the soil is well-aerated, and irrigation systems are thoroughly tested to
provide sufficient water to landscaped areas while reducing water waste.
16. PROJECT ARBORIST – COMPLIANCE AND VERIFICATION
a. The property owner shall indicate compliance with all Planning conditions related
to landscaping/trees on the building permit plans and shall retain a certified
arborist to ensure the project conforms to these conditions. Prior to final building
permit issuance, the applicant shall provide a letter from an ISA Board Certified
Master Arborist that the plans conform to the conditions of approval.
• Magnolia Trees #60, #61 & #62 have been identified for preservation. The
applicant arborist has recommended further design changes to better
ensure the retention of these tree. The applicant shall continue working
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 7 of 12
with the city in the building permit to make the required design changes
as assessed by the project arborist to protect the trees in place.
b. Prior to Final Occupancy, an ISA Board Certified Master Arborist shall confirm in
writing that all replacement trees have been planted, transplanted trees have been
installed per the procedures outline in the arborist report and trees that were
protected in place have remained on site in their existing condition, unharmed and
have not become structurally impaired.
17. TREE AND LANDSCAPE PRESERVATION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
a. For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work. The ground
under and around the tree canopy area shall not be altered.
b. No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
c. No storage of material, topsoil, vehicles or equipment shall be permitted within
the tree enclosure area.
d. No trenching within the critical root zone area is allowed. If trenching is proposed
in the vicinity of trees to be retained, the City’s consulting arborist, at the
applicant’s cost, shall be consulted before any trenching or root cutting beneath
the dripline of the tree.
e. Wood chip mulch shall be evenly spread inside the tree projection fence to a four-
inch depth.
f. Tree protection conditions shall be posted on the tree protection barriers.
g. Retained trees shall be watered, aerated and maintained as necessary to maintain
them in good health and ensure survival.
h. All landscape material shall be well maintained and replaced, if necessary, to the
satisfaction of the Director of Community Development.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. The Project Arborist shall inspect the trees to be
retained and shall provide written reviews, prior to issuance of demolition, grading
and/or building permits. A report ascertaining the good health of the trees mentioned
above shall be provided prior to issuance of final occupancy.
18. LANDSCAPE PLAN CHANGES
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 8 of 12
Revisions and/or changes to plans before or during construction shall be reviewed
and responded to by the (a) project site arborist, or (b) landscape architect with written
letter of acceptance before submitting the revision to the Building Department for
review by Planning and City Consulting Arborist at the cost of the property owner.
19. 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 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.
20. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC,
Chapter 14.15). A landscape installation audit shall be conducted by a certified
landscape professional after the landscaping and irrigation system have been
installed. The findings of the assessment shall be consolidated into a landscape
installation report.
The landscape installation report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system are installed as specified in the
landscape and irrigation design plan, system tune-up, system test with distribution
uniformity, reporting overspray or run-off that causes overland flow, and preparation
of an irrigation schedule.
The landscape installation report shall include the following statement: “The
landscape and irrigation system have been installed as specified in the landscape and
irrigation design plan and complies with the criteria of the ordinance and the permit.”
21. NESTING BIRDS
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.
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 9 of 12
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. 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
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 10 of 12
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.
22. ARCHAEOLOGICAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall indicate compliance with the City’s
requirements related to Archaeological Resources and Tribal Cultural Resources as
adopted in Chapter 17.04.
23. HUMAN REMAINS AND NATIVE AMERICAN BURIALS
Prior to the issuance of any demolition, grading or building permit involving soil
disturbance, the project applicant shall, include on plans a note that, during project
construction, the project applicant shall comply with California Health and Safety
Code Section 7050.5, California Public Resources Code Section 5097.98 and indicate
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 11 of 12
compliance (via notes on the project plans) with the adopted standards related to
Human Remains and Native American Burials in Chapter 17.04.
24. 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.
DIR-2024-009
09/26/24
Danielle Condit
19500 Pruneridge Avenue DIR-2024-009, TR-2024-032 September 26, 2024
Page 12 of 12
25. 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.
This Director’s approval is effective September 26th, 2024. The 14-calendar-day appeal
period will expire on October 10th, 2024.
Enclosures:
Attachment A: Approved Exhibits
DIR-2024-009
09/26/24
Danielle Condit