DIR-2023-010 - Action Letter (Signed)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 Developmentbti
Prepared by: Emi Sugiyama, Associate Planner
Date: October 1, 2024
Subject: Director's Minor Modification, DIR-2023-010, to consider a 604-square-foot
addition to an existing single-family residence in a Planned Development
zoning district at 22931 Voss Avenue, APN 342 50 002.
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 22931
Voss Avenue in the Cupertino Knolls
subdivision, south of Stevens Creek
Boulevard and west of South Foothill
Boulevard (Figure 1). The property is
zoned P(Res), or Planned Development
with Residential use intended.
Development on the property is subject
to the development standards outlined
in City of Cupertino's Municipal Code
("City Code") Chapter 19.28 for single-
family residential zoned lots, Chapter
19.40 for RHS or Hillside zoned lots, Use
Permit U-1979-01, and Tentative Map
TM-1978-28.
The existing single-family residence was originally approved under Use Permit U-1979-
01, which allowed the construction of 17 single-family detached homes, and was
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constructed in 1981 as a two-story, split-level 3,346-square-foot residence. A Director's
Minor Modification (DIR-2010-43) was previously approved for a 629-square-foot
ground floor addition, however, this proposed addition was not built and approval
under DIR-2010-43 has since expired.
In accordance with Planned Development Zones ordinance standards, any minor
changes to a previously approved Use Permit 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 owner, David Chuang, is proposing a minor modification to the original
Use Permit U-1979-01 granted by the City Council on February 20,1979, for a new single-
family residence. The proposed modifications through DIR-2023-009 include a new 604-
square-foot, two-story addition.
Units approved under Use Permit U-1979-01 utilized standards that would generally
align with the development standards for R1 zoned properties, but also included certain
design standards that are typically associated with RHS zoned properties. The proposed
addition is in compliance with all requirements of the original Use Permit (U-1976-14)
and the applicable standards of City Code Chapter 19.28 for R1 zoned lots and City Code
Chapter 19.40 for RHS zoned lots, when applied to the Planned Development zoning.
The following table outlines compliance with the City Code Section 19.28.070 (R1
Development Standards) and Section 19.40.050 (RHS Development Standards):
General Plan Designation
VerV Low Density (1/2 Acre Slope Density Formula)
General Plan Planning Area
Ins iration Heights
Zoning Designation
P(Res)
Net Lot Area
12,986 square feet
R1 Development Standards
Allowed / Required
Existing
Proposed
Floor Area Ratio (F.A.R.)
45% of net lot area
(5,843 s . ft.)
25.7%
(3,346 s . ft.)
30.4%
(3,950 s . ft.)
Lot Coverage
50% of net lot area
(6,493 s . ft.)
16.7%
(2,170 s . ft.)
19.8%
(2,574 s . ft.)
1st Floor Setbacks
Front
20' Minimum
21'
No Change
Rear
10' Minimuml
16'-8"
10'-9"
Side
Combined 15'&
No side less than 5'
Combined 79'
East: ~37'
West: -42'
No Change
2°d Floor Setbacks
0)
Front
25' Minimum
>25'
No Change
Rear
25' Minimum
26'-9"
1912
Combined 11'
Combined 25'&
Side
North: 5'-11"
No Change
No side less than 10'
South: 5'-1"
Total Building Height
28' maximum
25'-6"
No Change
RHS Development Standards
Proposal Compliant?
Second Story Downhill Facing Wall Plane Offset from
First Floor Downhill Wall Plane
Yes
Maximum Exposed Wall Height on Downhill
Yes
Elevation less than 15'
Flat Yard Area - 20 times lot width (151.49x 20')
Yes, >3,500 s.f.
1. Per City Code Section 19.28.070 E (3) (a) (i), the required rear yard setback may be reduced to ten
feet with a Minor Residential Permit if, after the reduction, the useable rear yard area is not less
than 20 times the lot width as measured from the front setback line.
2. The proposed addition is within a planned clustered subdivision that did not apply specific
development standards to its design.
The proposed addition meets the requirements for a reduced rear yard setback as the
required usable rear yard area is more than 3,030 square feet based on a 151-foot-wide
lot. With the proposed addition and as shown below, the property's usable rear yard area
would be more than 3,500 square feet, exceeding the minimum required rear yard area.
1 I f nor is
COMMON OPEN
SPACE
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The subject property is within the City's mapped Fault Rupture Geologic Hazard Zone.
The geologic and geotechnical reports provided by the applicant were peer -reviewed by
the City's consulting geologist and the recommended conditions of approval of the
consulting geologist have been incorporated into this letter.
The project proposal was also reviewed by the Cupertino Knolls Homeowners
Association on January 22, 2024. The Homeowners Association indicated that they had
"no concerns to proceed."
The modification does not conflict with the approved floor area ratio, lot coverage,
building height, or any other standards of the previously approved Use Permit or of the
Cupertino Municipal Code. Due to the positioning of the original residence on the lot and
the topography of the property, the second -story addition will encroach into the
minimum rear yard setback under the R1 zoning standards. However, development
within Planned zoning districts may deviate from the development standards of single-
family zoning districts and the proposed second -story rear yard setback is seen as
generally consistent with the building pattern and setbacks of neighboring residences in
the development. Furthermore, the project is not anticipated to create any additional
adverse privacy impacts for adjacent residences as the project is set back from adjacent
residences and primarily adjoins an open space area. The modification to the design 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:
1. APPROVED EXHIBITS
Approval is based on exhibits titled "Chuang Residence Addition", prepared by
Sehee Ryu, consisting of 12 sheets labeled 01 Surveyors Plan, Al, A1.1, A2 through
A6, A6.1, A7, A8, and AD1, 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.
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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-1979-01, 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.
6. 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.
7. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full Landscape
Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape
Ordinance, for projects with landscape area 500 square feet or more or elect to submit
a Prescriptive Compliance Application per sections 14.15.040 A, B, and C for projects
with landscape area between 500 square feet and 2,500 square feet. The Landscape
Documentation Package or Prescriptive Compliance Application shall be reviewed
and 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.
8. 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.
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9. GEOTECHNICAL AND STRUCTURAL CONSTRUCTION INSPECTIONS
a. Prior to issuance of Building Permits, the applicant shall do the following, which
will be reviewed by the City Engineer and the Building Plan Check Engineer:
i. Structural Plans — Generate structural Plans that incorporate the
recommendations of the Geotechnical Soil and Foundation Investigation
Report dated December 30, 2023 prepared by American Soil Testing and
Engineering, which has been peer -reviewed by the City's Consultant
Geologist.
ii. Geotechnical Plan Review - The applicant's geotechnical consultant shall
review and approve all geotechnical aspects of the development plans (i.e., site
preparation and grading, surface and subsurface site drainage improvements
and design parameters for building foundations) to ensure that their
recommendations have been properly incorporated.
b. Prior to final (as -built) inspections, the applicant shall do the following:
i. Geotechnical Construction Inspections - The applicant's geotechnical
consultant shall inspect, test (as needed), and approve all geotechnical aspects
of the project construction. The inspections shall 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 shall be described by the applicant's geotechnical consultant in a letter
and submitted to the City Engineer and Building Plan Check Engineer for
review prior to final project approval.
10. 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.
11. 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.
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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.
12. 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. Nighttime
construction is allowed if compliant with nighttime standards of Section 10.48 of
the Cupertino Municipal Code.
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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.
13. 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.
14. 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.
15. 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.
16. 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. 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
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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.
17. 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
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deposit, and assessment of the remainder of the site within the project area 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.
18. 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.
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19. 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.
20. 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.
21. 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
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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.
22. 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.
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23. PALEONTOLOGICAL RESOURCES
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.
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.
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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.
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.
Please note that if this permit is not vested within two years, it shall expire on October
1, 2026.
Also, please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this decision (Tuesday, October 15, 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.cul2ertino.org/121anningforms. The completed appeal form and filing fee must be
received by the deadline to appeal and may be submitted in one of the following ways:
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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 $505 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: Plan Set
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