DP-2023-003 - Resolution No. 150CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 150
OF THE ADMINISTRATIVE HEARING OFFICER
OF THE CITY OF CUPERTINO APPROVING A DEVELOPMENT
PERMIT TO ALLOW A SINGLE-FAMILY RESIDENCE WITH AN
ACCESSORY DWELLING LOCATED
AT 21670 LOMITA AVENUE.
SECTION I: PROJECT DESCRIPTION
Application No.: DP-2023-003
Applicant: Vijaya Sarathy Kasi
Location: 21670 Lomita Avenue (APN(s): 357-18-005)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL PERMIT:
WHEREAS, the City of Cupertino received an application for a Development Permit to
consider allowing a single-family residence with an Accessory Dwelling Unit on a vacant
lot, as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held at
least one public meeting in regard to the application; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code section 21000 et seq.) ("CEQA"), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed
Project and has determined that the Project is exempt from environmental review
pursuant to the categorical exemption in CEQA Guidelines section 15303 for the reasons
set forth in the staff report dated February 20, 2025 and incorporated herein; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and
WHEREAS, the Administrative Hearing Officer finds as follows with regard to this
application:
Resolution No. DP-2023-003 February 20, 2025
The proposed development, at the proposed location, will not be detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety, general welfare, or convenience;
The proposed two story, single-family residence with an attached ADU is in conformance
with the General Plan Land Use designation, including the density, as well as the zoning
standards as mandated in the City of Cupertino's Municipal Code Chapter 19.28: Single -
Family Residential (R-1) Zones). The surrounding uses within the Monta Vista Special
Area are a mix of light industrial, low to medium density residential, and office. Therefore,
the proposal will not be detrimental or injurious to property or improvements. in the
vicinity.
2. The proposed development will be located and conducted in a manner in accord
with the Cupertino Comprehensive General Plan and the purpose of this title and
complies with the California Environmental Quality Act (CEQA).
The proposed development is in conformance with the Cupertino General Plan and the
proposal has met the development standards specified in the City Municipal Code such as
heights, setbacks and landscaping requirements. The project is categorically exempt from
CEQA under Section 15303(a) —New Construction or Conversion of Small Structures,
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the maps, facts, exhibits, testimony, staffs report and
presentation, and other evidence submitted in this matter, subject to the conditions which
are enumerated in this Resolution beginning on PAGE 2 thereof,:
The application for a Development Permit, Application no. DP-2023-003, is hereby
approved and that the subconclusions upon which the findings and conditions specified
in this resolution are based and contained in the Public Hearing record concerning
Application no. DP-2023-003 as set forth in the Minutes of the Administrative Hearing
Meeting of February 20, 2025 and are incorporated by reference as though fully set forth
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set drawn by Kyle Chan titled "Kasi Residence'
consisting of seventeen (17) sheets labeled AO.1— A8.1, CLO — C2.0, EX1, LO — L2 and
SU-1, except as may be amended by conditions in this resolution.
Resolution No. DP-2023-003 February 20, 2025
2. ACCURACY OF 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. 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.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2023-007 and EXC-2024-005
shall be applicable to this approval.
5. ARBORIST REVIEW
The City will retain a third -party consultant arborist, at the applicant's expense, to
review the foundation plans for the proposed structures as they pertain to impacts to
the two Coast Live Oaks onsite to ensure no damage will result from the projects
construction. If the arborist determines that the trees will be severely impacted by the
construction despite the measures taken, applicant must apply for a tree removal
permit for City's consideration, subject to the findings in Chapter 14.18, or modify
plans (including but not limited to reducing the size of the structures by increasing
setbacks and/or changing the foundation type) to accommodate the trees.
6. TREE PROTECTION
a. 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:
• 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.
• No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
• No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall
be consulted before any trenching or root cutting beneath the dripline of the
tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a
four -inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
Resolution No. DP-2023-003 February 20, 2025
Page 4
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
b. The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits.
c. The City's consulting arborist shall inspect the trees to be retained and shall
provide reviews prior to issuance of demolition, grading or building permits.
d. A report ascertaining the good health of the trees mentioned above shall be
provided prior to issuance of final occupancy.
7. BELOW MARKET RATE PROGRAM
The applicant shall participate in the City's Below Market Rate (BMR) Housing
Program by paying the Below Market Rate linkage fee for detached single family
residence use concurrent with issuance of building permits at the rate in effect at that
time. The current fee is $21.36 per net new square feet (-2,333 sq.ft.), excluding the
square footage for the ADU and garage.
8. SANTA CLARA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH(DEH)
VOLUNTARY SITE CLEANUP PROGRAM
Prior to issuance of Building Permits, the County of Santa Clara Department of
Environmental Health Site Cleanup Program (DEH) shall confirm in writing that the
site, in accordance with Geotracker ID T10000022453, is free of all contaminants and
that vapor levels are consistent with standards that will allow for residential
development.
9. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
10. BUILDING AND FIRE CODE
The applicant shall apply for and obtain building permits to allow the construction of
the approved project. The applicant shall provide information and plans to allow the
Building Official and the Fire Marshall or their designee that the proposed plans
comply with Building and Fire Codes in effect at the time of application for a building
permit.
Resolution No. DP-2023-003 February 20, 2025
11. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by
staff prior to issuance of building permits. Staging of construction equipment shall
not occur within 40 feet of any residential property.
12. SCREENING
All mechanical and other equipment on the building or on the site shall be screened
so they are not visible from public street areas or adjoining developments. Screening
materials/colors shall match building features and materials. The height of the
screening shall be taller than the height of the mechanical equipment that it is
designed to screen. The location of equipment and necessary screening shall be
reviewed and approved by the Director of Community Development prior to issuance
of building permits.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
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.
Resolution No. DP-2023-003 February 20, 2025
Page 6
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.
14. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT.
1. LOT MERGER
Prior to approval of the Building permit, a lot merger will be required. Proposed
building cannot straddle between parcel lines.
2. STREET IMPROVEMENTS & DEDICATION
Roadway dedication in fee title and street improvements along the project frontage
will be required to the satisfaction of the Director of Public Works. Street
improvements, grading and drainage plans must be completed and approved prior
to issuance of Building Permit.
Street improvements may include, but not be limited to, new detached sidewalk, new
ADA ramp, driveways, storm drain lateral, street tree installations, and street light
and/or pedestrian push button relocation. All improvements must be completed and
accepted by the City prior to Building Final Occupancy or Street Improvement
Encroachment Permit acceptance whichever comes first.
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
3. ACCEPTANCE OF PROPERTY RIGHTS
The Public Works Director, or his/her designee, shall have the authority to accept all
offers of dedications, easements, quitclaims and other property rights and interests on
behalf of the City.
Resolution No. DP-2023-003 February 20, 2025
Page 7
4. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the Director of Public Works. All
improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
5. PEDESTRIAN AND BICYCLE IMPROVEMENTS
Developer shall provide pedestrian and bicycle related improvements (e.g. walkway
and bicycle racks, etc.) consistent with the Cupertino Bicycle Transportation Plan and
the Pedestrian Transportation Plan, and as approved by the Director of Public Works.
All improvements must be completed and accepted by the City prior to Building Final
Occupancy or Street Improvement Encroachment Permit acceptance whichever
comes first.
6. STREET LIGHTING INSTALLATION
Street lighting shall be installed and shall be as approved by the Director of Public
Works. Lighting fixtures shall be positioned so as to preclude glare and other forms
of visual interference to adjoining properties, and shall be no higher than the
maximum height permitted by the zone in which the site is located.
7. GRADING
Grading shall be as approved and required by the Director of Public Works in
accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications
and 404 permits maybe required. Please contact Army Corp of Engineers and/or
Regional Water Quality Control Board as appropriate.
S. DRAINAGE
Drainage shall be provided to the satisfaction of the Director of Public Works.
Hydrology and pre- and post -development hydraulic calculations must be provided
to indicate whether additional storm water control measures are to be constructed or
renovated. The storm drain system may include, but is not limited to, subsurface
storage of peak stormwater flows (as needed), bioretention basins, vegetated swales,
and hydrodynamic separators to reduce the amount of runoff from the site and
improve water quality. Any storm water overflows or surface sheeting should be
directed away from neighboring private properties and to the public right of way as
much as reasonably possible.
Resolution No. DP-2023-003 February 20, 2025
Page 8
All storm drain inlets shall be clearly marked with the words "No Dumping — Flows
to Creek" using permanently affixed metal medallions or equivalent, as approved by
the Environmental Programs Division.
Additional comments will be provided and shall be incorporated prior to Building
Permit approval.
9. IMPROVEMENT AGREEMENT
The project developer shall enter into an improvement agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, transportation impact fees, park dedication fees and
fees for under grounding of utilities. Said agreement and fees shall be executed and
paid prior to issuance of Building permit.
Fees:
Checking & Inspection Fees:
Per current fee schedule ($5,655 or 5% of
improvement costs)
Lot Line Adjustment Fee:
Per current fee schedule ($4,216)
Storm Drainage Fee:
Per current fee schedule ($6,389 per AC)
Transportation Impact Fee:
Per current fee schedule: $6,797 per DU
Encroachment Permit Fee:
Per current fee schedule ($3,551 or 5% of
improvement cost)
Park Fees:
Per current fee schedule: $60,000 per unit
($60,000 based on 1 new unit)
Street Tree Fee:
By Developer or Per current fee schedule:
$513 per tree
Bonds:
Faithful Performance Bond: 100% of Off -site and On -site Improvements
Labor & Material Bond: 100% of Off -site and On -site Improvement
On -site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted
by the City Council. However, the fees imposed herein may be modified at the time
of recordation of a final map or issuance of a building permit in the event of said
change or changes, the fees changed at that time will reflect the then current fee
schedule.
Resolution No. DP-2023-003 February 20, 2025
Page 9
10. TRANSPORTATION
The Project is subject to the payment of Transportation Impact Fees under City's
Transportation Impact Fee Program (Chapter 14.02 of the Cupertino Municipal Code).
11. PARKS
The residential units are subject to the payment of parkland fees in -lieu of parkland
dedication per Chapter 13.08 of the Cupertino Municipal Code.
12. SURVEYS
A Boundary Survey and a horizontal control plan will be required for all new
construction to ensure the proposed building will be set based on the boundary
survey and setback requirements.
13. UNDERGROUND UTILITIES
Developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Developer shall submit detailed plans showing utility
underground provisions. Said plans shall be subject to prior approval of the affected
Utility provider and the Director of Public Works.
14. WATER BACKFLOW PREVENTERS
Domestic and Fire Water Backflow preventers and similar above ground equipment
shall be placed away from the public right of way and site driveways to a location
approved by the Cupertino Planning Department, Santa Clara County Fire
Department and the water company.
15. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be
included in grading and street improvement plans.
16. NPDES CONSTRUCTION GENERAL PERMIT
When and where it is required by the State Water Resources Control Board (SWRCB),
the developer must obtain a Notice of Intent (NOI) from the SWRCB, which
encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP), use
of construction Best Management Practices (BMPs) to control storm water runoff
quality, and BMP inspection and maintenance.
Resolution No. DP-2023-003 February 20, 2025
Pam 10
17. EROSION CONTROL PLAN
Developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain
materials on site. Erosion control notes shall be stated on the plans.
18. WORK SCHEDULE
Every 6 months, the developer shall submit a work schedule to the City to show the
timetable for all grading/erosion control work in conjunction with this project.
19. STREET TREES
Street trees shall be planted within the Public Right of Way to the satisfaction of the
Director of Public Works and shall be of a type approved by the City in accordance
with Ordinance No. 125.
20. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
21. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits. Clearance should include written
approval of the location of any proposed Fire Backflow Preventers, Fire Department
Connections and Fire Hydrants (typically Backflow Preventers should be located on
private property adjacent to the public right of way, and fire department connections
must be located within 100' of a Fire Hydrant).
22, FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
23. SAN TOSE WATER SERVICE COMPANY CLEARANCE
Provide San Jose Water Service Company approval for water connection, service
capability and location and layout of water lines and backflow preventers before
issuance of a building permit approval.
24. DEDICATION OF UNDERGROUND WATER RIGHTS
Developer shall "quit claim' to the City all rights to pump, take or otherwise extract
water from the underground basin or any underground strata in the Santa Clara
Valley.
Resolution No. DP-2023-003 February 20, 2025
Page 11
25. SANITARY DISTRICT
A letter of clearance or sign off of street improvement plans for the project shall be
obtained from the Cupertino Sanitary District prior to issuance of building permits.
26. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including
PG&E, AT&T, and San Jose Water Company, and/or equivalent agencies) will be
required prior to issuance of building permits.
PASSED AND ADOPTED this 2011, day of February 2025 at a noticed Public Meeting of
the Administrative Hearing Officer of the City of Cupertino, State of California, held by
the Director of Community Development, or his or her designee, pursuant to Cupertinc
Municipal Code Section 19.12.120.
ATTEST: n
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Gian Paolo Ma
Senior Planner
APPROVED:
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Luke Connolly
Administrative Hearing Officer