HomeMy WebLinkAbout1038 November Drive_RM-2025-022_Action LetterFebruary 24, 2026
Minhui Zhang
1038 November Drive
Cupertino, CA 95014
minhuizhang@gmail.com
cc’ logic5590@yahoo.com
SUBJECT: Minor Residential Permit – Applications RM-2025-022
This letter confirms the decision of the Director of Community Development, given on
February 24, 2026, approving a Minor Residential Permit (RM-2025-022) to allow the
construction of a rear addition within the required 20-foot setback located at 1038
November Drive, with the following conditions:
1.APPROVED EXHIBITS
The approval is based on a plan set entitled “ZHANG RESIDENCE”, consisting of 10
plan sheets labeled “A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, BMP, C-0” except as may
be amended by conditions in this resolution.
2.ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
3.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 property data may invalidate this approval and may require
additional review.
4.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.
5.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
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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.DUST CONTROL
The following construction practices shall be implemented during all phases of
construction for the proposed project to prevent visible dust emissions from leaving
the site:
a.Water all exposed surfaces areas (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) at least twice daily and more often
during windy periods to prevent visible dust from leaving the site; active areas
adjacent to windy periods; active areas adjacent to existing land uses shall be kept
damp at all times, or shall be treated with non-toxic stabilizers or dust palliatives.
b.All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c.All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d.All vehicle speeds on unpaved roads shall be limited to 15 mph.
e.All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f.Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
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.
8.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
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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.
g.The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated.
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.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.
11.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
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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.
i.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.
ii.Protective measures may include, but are not limited to, establishment of
clearly delineated exclusion zones (i.e., demarcated by identifiable
fencing, such as orange construction fencing or equivalent) around each
nest location as determined by the qualified ornithologist or biologist,
taking into account the species of birds nesting, their tolerance for
disturbance and proximity to existing development. In general, exclusion
zones shall be a minimum of 300 feet for raptors and 75 feet for passerines
and other birds. The active nest within an exclusion zone shall be
monitored on a weekly basis throughout the nesting season to identify
signs of disturbance and confirm nesting status. The radius of an
exclusion zone may be increased by the qualified ornithologist or biologist,
if project activities are determined to be adversely affecting the nesting
birds. Exclusion zones may be reduced by the qualified ornithologist or
biologist only in consultation with California Department of Fish and
Wildlife. The protection measures and buffers shall remain in effect until
the young have left the nest and are foraging independently or the nest is
no longer active.
iii.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.
12.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
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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 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.
13.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.
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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.
14.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.
15.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 ensure that a sign measuring at least
two feet by three feet shall be posted on construction fencing at the entrance(s) to the
job site, clearly visible to the public, and include the following:
a.Permitted construction days and hours;
b.A description of proposed construction activities;
c.Telephone numbers of the City’s and contractor’s authorized representatives that
are assigned to respond in the event of a noise or vibration complaint; and
d.Contact information for City’s and contractor’s authorized representatives that are
assigned to respond in the event of a complaint related to fugitive dust, pursuant
to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the action
taken to the City within three business days of receiving the complaint.
16.NOISE AND VIBRATION SIGNAGE
At least 10 days prior to the start of any demolition, ground disturbing, or construction
activities, the project applicant/contractor shall ensure that a sign measuring at least
two feet by three feet shall be posted on construction fencing at the entrance(s) to the
job site, clearly visible to the public, and include the following:
a.Permitted construction days and hours;
b.A description of proposed construction activities;
c.Telephone numbers of the City’s and contractor’s authorized representatives that
are assigned to respond in the event of a noise or vibration complaint; and
d.Contact information for City’s and contractor’s authorized representatives that are
assigned to respond in the event of a complaint related to fugitive dust, pursuant
to the requirements for compliance with BAAQMD’s CEQA Air Quality Guidelines.
If the authorized contractor’s representative receives a complaint, they shall
investigate, take appropriate corrective action, and report the complaint and the action
taken to the City within three business days of receiving the complaint.
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17.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.
18.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
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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.
19.INDEMNIFICATION
a.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.
b.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.
c.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.
d.The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
20.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.
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Please note that if this permit is not vested within a year, it shall expire on February
24, 2027.
Staff has made all the findings that are required for approval of a Minor Residential Permit
as required and no additional conditions were placed as a condition for approval by
Cupertino's Municipal Code, Chapter 19.28.140 (A).
Minor Residential Permit Findings:
1.The project is consistent with the Cupertino General Plan, any applicable specific
plans, zoning ordinances and the purposes of this title.
The proposed project is consistent with the General Plan as the project is within the
Low-Density land use area. There are no applicable specific plans that affect the
project. The project has been found to be consistent with the requirements of
Cupertino Municipal Code Chapter 19.28 Single Family (R-1) Residential.
2.The granting of the permit will not result in a condition that is detrimental or injurious
to property or improvements in the vicinity, and will not be detrimental to the public
health, safety or welfare.
The granting of the permit will not result in a condition that is detrimental or injurious
to property improvements in the vicinity, and will not be detrimental to the public health,
safety or welfare as the projects is located within the R1-6 (Single Family Residential)
zoning district and will be compatible with the surrounding uses of the neighborhood.
3.The proposed project is harmonious in scale and design with the general
neighborhood.
The proposed project is located in a residential area consisting of single-family homes.
The proposed project maintains the single-family home scale found compatible with
the general neighborhood.
4.Adverse visual impacts on adjoining properties have been reasonably mitigated.
Any potential adverse impacts on adjoining properties have been reasonably mitigated
through design as required by the R-1 Ordinance.
Please note that an appeal of this decision can be made within fourteen (14)
calendar days from the date of this decision (Tuesday, March 10, 2026, at 5:00 p.m.).
If this happens, you will be notified of a public hearing, which will be scheduled
before the Planning Commission. A copy of the appeal form is available online at:
www.cupertino.org/planningforms. The completed appeal form and filing fee must be
received by the deadline to appeal and may be submitted in one of the following ways:
1.Preferred: Bring a signed copy of the appeal form to the City Clerk’s office between
7:30AM – 5:00PM (M-Th) and 7:30AM – 4:30PM (F).
2.Other options:
a.Mail the completed form and a check in the amount of $347 to Attn: City Clerk, City
of Cupertino, 10300 Torre Avenue, CA 95014.
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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.
Sincerely,
Jelani Mora
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
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