DIR-2020-010 CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Chairperson and Planning Commissioners
From: Benjamin Fu, Director of Community Development 9"
Prepared by: Jeffrey Tsumura, Associate Planner
for Benjamin Fu
Date: September 29, 2020
Subject: Director's Minor Modification, DIR-2020-010, to a Use Permit (16-U-77) to
allow for an approximately 268 square-foot second story addition to an
existing two-story single-family home in a P(R10-2)zone at 22639 Oakcrest
Court, APN 342-48-011.
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.
DISCUSSION
The applicant and property owner, Eran Cohen, is proposing a second-floor expansion
to an existing single family residence in a Planned Development P(R10-2) zoning district
with Residential Hillside densities. The property is located at 22639 Oakcrest Court on
the northeast corner of Heney Creek Place and Oakcrest Court. The property owner is
requesting an approximately 268-square-foot addition to the existing 4,391-square-foot
residence with the following scope of work:
• Removing an existing 95-square-foot street side (south) facing balcony and
converting it to floor area for a new bedroom; and
• Removing an existing 85-square-foot interior side and rear (west) facing balcony
and converting it to floor area for a new bedroom and bathroom.
The gross lot size of the subject property is 20,908 square feet. There are various
easements on the property,including a Santa Clara Valley Water District easement on the
subject lot approximately 2,871 square feet. Therefore, the subject net lot area is 18,037
square feet. The proposed additions will increase the Floor Area Ratio (FAR) of the
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subject property from 24.34% to 25.8%. The maximum allowable FAR for the property is
45%, following the intent of R1 single-family residential development standards.
The proposed addition will be integrated into the existing roofline and match in terms of
design and materials.The addition is not anticipated to create any privacy impacts, as the
rear-facing balcony (with existing views to the neighboring property at 22647 Oakcrest
Court to the north) will be converted into a bedroom with two west-facing windows,
away from the neighboring property and out towards Heney Creek Place, a public street.
The south-facing balcony also currently faces out towards a public street,Oakcrest Court,
and will be converted into a bedroom with a single south-facing window. In addition to
compliance with setbacks of R1 single-family residential intent, the addition is contained
within the allowable building envelope specified in the Use Permit (16-U-77) for the
property.
ACTION
The Director of Community Development deems the project categorically exempt from
environmental review under CEQA Guidelines, Article 19, Section 15301: Existing
Facilities and further deems the modification minor and approves the project with the
following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on exhibits titled"Addition&Alterations at:22639 Oakcrest Court,
Cupertino, CA", prepared by Steve Benzing Architect, consisting of eight sheets
labeled Al through A8, dated July 22, 2020, and a Site Survey, prepared by Brien G.
Hamilton with American Baseline Company, dated August 20, 2020, 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.
3. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals 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.
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4. 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.
5. 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.
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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.
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.
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. 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
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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.
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
This Director's approval is effective until September 29,2022. The 14-calendar-day appeal
period will expire on October 13, 2020.
Enclosures:
Attachment A: Plan set
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