HomeMy WebLinkAboutDIR-2025-006 Signed Action LetterCITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: 1,kuke Connolly, Assistant Director of Community Development
Prepared by: Jelani Mora, Associate Planner
Date: April 28, 2026
Subject: Director's Minor Modification, DIR-2025-006, to consider a 161 -square -foot
addition to an existing single-family residence within the Oak Valley
Development at 10512 Peralta Court, APN 342 60 014.
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
10512 Peralta Court, south of
Interstate 280 and west of North
Foothill Boulevard (Figure 1). The
property is zoned P(Res), or Planned
Development with Residential use
intended and is in Neighborhood 4 of
the Oak Valley Planned
Development.
The Oak Valley Planned'
Development is a planned single- y
family residential development in the4.
Oak Valley neighborhood in the northwest portion of the City, approved with Use Permit (U-
1997-06). Single-family homes were permitted to be developed subject to the Use Permit and Oak
Valley Planned Development Design Guidelines. The project property's existing single-family
home was approved through Use Permit U-1997-06 and Building Permit B0486, which allowed
the construction of a two-story residence.
In accordance with Planned Development Zones ordinance standards, any minor changes to a
previously approved development in a Planned Development zoning district must be approved
through a Director's Minor Modification (City Code Section 19.80.050), which is the reason for
this application.
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DISCUSSION
The property owner, Raghuveer Tarra, is proposing the following modifications to the existing
2,560 square feet two story residence:
■ A 161 square foot addition at the rear of the residence to match existing style and
materials, and
■ A partial remodel of the first floor including three new first story windows.
The proposed additions are in compliance with the following applicable standards of the Oak
Valley Planned Development for residences in Neighborhood 4 as outlined in the following table:
Development Standards
Allowed/Required
Existing
Proposed
Lesser of 6,500 sq. ft. or
35.2%
36.8%
Floor Area Ratio (F.A.R.)
40% of lot area
(3,560 sq. ft.)
(3,721 sq. ft.)
(4,043 s . ft.)
40% of lot area
21.2%
22.7%
Lot Coverage
(4,043 sq. ft.)
(2,140 sq. ft.)
(2,301 sq. ft.)
1St Floor Setbacks
Front
30' Minimum
29'-3"
No Change
Minimum 5' on one side
S.E.: 15'
Side
No Change
Minimum 10' on the other
N.W.: 9'
Rear
25' Minimum
51'-1"
44'-1"
The residence's design was originally approved through Building Permit B0486 with a Prairie -
inspired architectural style, consistent with the Oak Valley Planned Development Design
Guidelines. The property owners are not proposing any modifications to the colors, materials, or
architectural elements of the existing street -facing facade. The proposed addition will match the
overall architectural design style, building height, and roof frame of the existing residence and is
therefore consistent with the Oak Valley Planned Development Design Guidelines.
The proposed addition does not conflict with the approved floor area ratio, lot coverage, height,
or any other standards of the previously approved Use Permit or of the Cupertino Municipal
Code. Furthermore, the project is not anticipated to create any additional adverse privacy impacts
for adjacent residences, as the project does not include any expansion of the second story or any
new second story balconies or windows. The modification to the residence is, therefore,
considered minor in nature.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing Facilities, and
further deems the modification to be minor and approves the project subject to the following
conditions of approval:
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1. APPROVED EXHIBITS
Approval is based on exhibits titled "Residence Renovation", prepared by VT Design &
Engineering, consisting of 9 sheets labeled Al, A2, A2.1, A3, A4, A5, A5.1, A5.2, and A5.3
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. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary building
permits prior to commencement of work.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the building
plans.
5. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval, in accordance with U-1997-06, shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as specifically
amended by this Director's Minor Modification approval.
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. EXTERIOR BUILDING MATERIALS/TREATMENTS
The final building exterior plan shall closely resemble the details shown on the original
approved plans and shall be consistent with the approved design of Building Permit B0486.
No changes to the exterior materials are approved with this permit. 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 comply with the requirements of the Oak Valley
development and shall either require a modification to this permit or a new permit based on
the extent of the change.
5. 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
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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.
6. BIRD SAFE REQUIREMENTS
Prior to issuance of Building Permits, the applicant/property owner shall submit final plans
in accordance with the approved window plans to comply with development standards of
Cupertino Municipal Code Chapter 19.102 including product specifications for the proposed
windows. In the event changes are proposed from the approved plans, said changes must be
reviewed and approved by the Director of Community Development or their designee. The
applicant shall provide all documentation required to determine compliance with the
Municipal Code.
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 [CCRI).
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.
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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 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.
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 BAAOMD'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.
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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 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
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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.
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 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.
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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.
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 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.
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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.
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.
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.
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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 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
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,
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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.
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.
Please note that if this permit is not vested within two years, it shall expire on April 28, 2028.
Also, please note that an appeal of this decision can be made within fourteen (14) calendar
days from the date of this decision (Tuesday, May 12, 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. orms. The
completed appeal form and filing fee must be received by the deadline to appeal and may be
submitted in one of the following ways:
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1. Preferred: Bring a signed copy of the appeal form to the City Clerk's office between 7:30AM
- 5:00PM (M-Th) and 7:30AM - 4:30PM (F).
2. Other options:
a. Mail the completed form and a check in the amount of $554 to Attn: City Clerk, City of
Cupertino, 10300 Torre Avenue, CA 95014.
b. Email the completed form to cityclerk@cupertino.org and call (408) 777-3223 between
7:30AM - 5:30PM (M-Th) and 7:30AM - 4:30PM (F) to arrange for payment by credit card.
Please contact the City Clerk's office for additional guidance and instructions on how to file.
Enclosures:
Attachment A: Site Plan
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