DIR-2020-009 - Action Letter CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Councilmembers
Chairman and Planning Commissioners
From: Benjamin Fu, Director of Community Development
Prepared by: Erick Serrano, Senior Planner
Date: September 3, 2020
Subject: Director's Minor Modification DIR-2020-009 to a Use Permit (16-U-77)
to add a sun room to single-family home in a P(R1 0-2) zone at 22647
Oakcrest Court.
Chapter 19.132 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 any Councilmember
or Planning Commissioner to appeal the decision within 14-calendar days.
DISCUSSION:
The applicant, Vincent Muccilli of GDM Construction, is proposing an enclosed patio
enclosure to a single-family home in a Planned Development District with Residential
Hillside densities. The property is surrounded by other single-family residences to the
north, east, south and west. The project proposes to add an approximately 343 sq. ft.
patio enclosure to the rear of an existing 2,531 sq. ft. home, for a total floor area of 2,874
sq. ft.
The subject property has a gross lot area of 13,846 sq. ft. There are various easements on
the property including those from PG&E, Santa Clara Valley Water District, and a
Sanitary Sewer Easement. Because of the easement restrictions, the easements preclude
development with the easement area, the easement area were deducted from the gross
lot area resulting in a net lot area of 6,390.5 sq. ft.
Because of the property's single-family designation, Staff applied the R-1 zoning
(Chapter 19.28: Single-Family Residential) development standards. The proposed
addition will increase the Floor Area Ratio of the subject property from 39.6% to 44.97%,
consistent with the ordinance and within the maximum ratio of 45%. Further, the
project is consistent with required setbacks, height, and building envelope requirements
of Chapter 19.28. The project provides a setback of 10'0" where 5'0" is required, see
CMC Section 19.28.070 (E). The proposed structure is within the building envelope and
height requirements, 16'0" where 9'101/4"is provided, of CMC Section 19.28.070 (J).
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ACTION:
The Director of Community Development deems the modification minor and approves
the application DIR-2020-009 with the following conditions of approval:
1. APPROVED EXHIBITS
Approval is based on the exhibits titled (except as may be amended by conditions
contained in this resolution);
a) "Glass Roof Straight Eave Patio Enclosure (Unconditioned)" prepared by
EMC2 Structural Design Inc., consisting of eight sheets dated June 1, 2020 and
labeled as 1, 2, 3, 3A, 4, 5, 6 and 7.
b) "22647 Oakcrest Court, Cupertino, CA Project: Install Patio Enclosure
(10'x31') Unconditioned Space" prepared by GDM Construction and Design
Inc. consisting of two sheets labeled as Data Table and 3A.1.
2. 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.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
building plans.
4. 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.
5. BUILDING PERMIT REQUIRED
This approval does not constitute building permit approval; a separate building
permit is required.
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2. 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 active construction areas 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. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard;
c. Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers
on all unpaved access roads, parking areas and staging areas at construction
sites.
d. Sweep streets daily, or more often if necessary (preferably with water sweepers)
if visible soil material is carried onto adjacent public streets.
e. The applicant shall incorporate the City's construction best management
practices into the building permit plan set.
3. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
a. All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
b. Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
c. Grading, street construction, underground utility and demolition hours for work
done more than 750 feet away from residential areas shall be limited to Monday
through Friday, 7 a.m. to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m.
Grading, street construction, demolition or underground utility work within 750
feet of residential areas shall not occur on Saturdays, Sundays, holidays, and
during the nighttime period as defined in Section 10.48.053(b) of the Municipal
Code.
d. Construction activities shall be limited to Monday through Friday, 7 a.m. to 8
p.m. and Saturday and Sunday, 9 a.m. to 6 p.m. Construction activities are not
allowed on holidays as defined in Chapter 10.48 of the Municipal Code.
Nighttime construction is allowed if compliant with nighttime standards of
Section 10.48 of the Cupertino Municipal Code.
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.
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The applicant shall comply with the above grading and construction hours and
noise limit requirements unless otherwise indicated
4. 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.
5. EXTERIOR MATERIALS/TREATMENTS
The final exterior plan shall closely resemble the details shown on the original
approved plans. Final exterior treatment plan(including but not limited to details on
exterior color, materials, architectural treatments, doors, windows, lighting fixtures,
and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits to ensure quality
and consistency. Any exterior changes determined to be substantial by the Director
of Community Development shall either require a modification to this permit or a
new permit based on the extent of the change.
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
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
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The applicant shall agree to (without limitation) reimburse the City its actual
attorneys' fees and costs incurred in defense of the litigation. Such attorneys' fees
and costs shall include amounts paid to the City's outside counsel and shall include
City Attorney time and overhead costs and other City staff overhead costs and any
costs directly related to the litigation reasonably incurred by City. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified
parties from and against any damages, attorneys' fees, or costs awards, including
attorneys' fees awarded under Code of Civil Procedure section 1021.5, assessed or
awarded against the indemnified parties. The Applicant shall cooperate with the
City to enter a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
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 3, 2021. The 14-calendar-day
appeal period will expire on September 17, 2020.
Enclosures:
Attachment A: Plan set
G:\Planning\PDREPORT\DIR-TUPreports\2020\DIR-2020-009.docx
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