DIR-2022-005 Action Letter 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 BH for BF
Prepared by: Brianne Harkousha, Associate Planner
Date: September 28, 2022
Subject: Director's Minor Modification, DIR-2022-005, to consider (1) a 124 sq. ft.
one-story addition and 675 sq. ft. internal conversion to construct an
attached ADU, (2) a 404 sq. ft. one-story addition to construct a sunroom
at an existing single-family residence located at 22229 Hammond Way and
in the Oak Valley Planned Development (U-1997-06) and modifications to
the design approved for ASA-1998-25.
Chapter 19.164 of the Cupertino Municipal Code allows for administrative
approval of minor changes in a project. The Director reports the decision
to the City Council and Planning Commission in time to allow an appeal
of the decision within 14 calendar days.
BACKGROUND
The applicant, Louie Leu Architect, and property owner, Francois and Kelly Delepine
are proposing to construct the following at an existing single-family home at 22229
Hammond Way, in addition to modifications to the design approved for ASA-1998-25:
■ An ADU by adding 124 sq. ft. and converting 675 sq. ft. of existing area,
■ A 404 sq. ft. sunroom
The subject property is located in the Oak Valley neighborhood in the northwest part of
the City. The Oak Valley Planned Development is a planned single-family residential
development located adjacent to Rancho San Antonio and was approved as part of a
Use Permit (U-1997-06). The property is zoned P(Res) - Planned Residential
Development zoning with single-family homes permitted to be developed subject to the
Use Permit and Oak Valley Planned Development Design Guidelines. The subject
property is located on Lot 7 in Neighborhood Two of the Oak Valley Planned
Development, P(Res). The existing single-family home was approved as part of an
Architectural and Site Approval application (ASA-1998-25). Modifications to previously
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approved use permits, and architectural site approvals are subject to review by the
Director of Community Development. The property contains no further permit history
or modifications since the above-mentioned approvals.
DISCUSSION
The applicant/property owner proposes to convert 675 sq. ft. of existing living area and
add 124 sq. ft. to construct a 799 sq. ft. attached Accessory Dwelling Unit. Additionally,
the scope includes demolishing an existing attached deck to construct a 404 sq. ft.
sunroom at the rear of an existing residence. The proposed additions would partially
modify the floor plan and building layout as part of the approved Architectural and Site
Approval application (ASA-1998-25).
As shown in Figure 1 below, _
the proposed sunroom is _
outlined in red and the 1 i
proposed ADU is outlined in "� m
blue. The proposed lot =_
coverage is 6,130 sq. ft. -�- °°-
(20%), which is less than the _
40% maximum allowable lot "� ram., "� ❑
coverage per the
development standards of ithe Oak Valley Planned
development.
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Figure 1:Proposed Floor
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The proposed ADU is considered a streamlined ADU consistent with the development
standards of Section 19.112.030 of the Cupertino Municipal Code and Government
Code Section 6585.2(e). Therefore, any regulations that would prevent the construction
of up to an 800 sq. ft. ADU such as a square foot limitation must be disregarded. In this
case, as indicated in Table 1 below, the project exceeds the maximum allowed square
footage by 124 sq. ft. While the City may not impose the maximum floor area since the
ADU is considered a streamlined ADU, the project may not add any additional square
footage in the future to the primary unit and may not incorporate the excess 124 sq. ft.
to be a portion of the primary unit. Therefore, the proposed project would comply with
the floor area ratio and lot coverage requirements for a single-family residence in
neighborhood two of the Oak Valley Planned Development.
Floor Area (sq. ft.) Comments
Existing 4,825
Addition 528
Total Proposed 5,353 includes 799 sq.ft. ADU
Maximum 5,229
Excess 124 City cannot prohibit an ADU 800 sq. ft. or less,
therefore must allow additional floor area
Table 1: Floor Area Details
As shown in Figure 2 below, the exterior modifications include new windows for the
sunroom at the north (rear) elevation, outlined in red and new windows on the north
(rear) and west (left) elevation for the ADU, outlined in blue. The project design would
not alter the architectural design style, overall height, or accessibility of the residence.
The design including materials and colors, is consistent with the existing residence,
therefore, is consistent with the Oak Valley Design Guidelines.
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Figure 2:Proposed Rear&Left Elevations
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The proposed one-story additions and window modifications of the existing single-
family residence are not expected to have adverse privacy impacts to adjacent
properties as the residence is one story and the scope of work does not propose second
story additions. Windows and lighting are subject to the Bird Safe and Outdoor
Lighting Requirements of Chapter 19.102 of the Cupertino Municipal Code and as
conditioned (Conditions No. 9 and 10), final plans will be reviewed and approved prior
to issuance of Building Permits.
This neighborhood does not have a homeowner's association (HOA); therefore, an
HOA approval letter was not required.
ACTION
The Director of Community Development deems the modification minor and approves
the project with the following conditions of approval:
1. APPROVED EXHIBITS
The approval is based on a plan set entitled, "Delepine Residence" prepared by
Louie Leu Architect, consisting of 17 sheets labeled "A-0.0, A-1.0, A-1.1, A-2.0, A-2.1,
A-3.1, A-4.1, A-4.2, A-5.1, A-6.1, A-7.1, A-8.1, four pages of 4bird frit treatment
method, and survey" plans stamped as approved on September 21, 2022; and 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, or building permit revisions, 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
first page of the building plans.
5. PREVIOUS CONDITIONS OF APPROVAL
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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.
6. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting 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.
7. CORRECTION ON PLAN SET
The applicant shall submit a revised plan set at Building Permit submittal that
corrects the square footage of the proposed sunroom from 474 sq. ft. to 404 sq. ft. as
shown on sheet A-2.1 Floor Plan to be reviewed and approved by the Planning
Division prior to Building Permit issuance.
8. 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 Community Development shall either require a modification to
this permit or a new permit based on the extent of the change.
9. BIRD SAFE COMPLIANCE
Prior to issuance of Building Permits, the applicant/property owner shall submit
final plans in compliance with the approved plans to comply with development
standards of Cupertino Municipal Code Section 19.102.030 Bird-Safe Development
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 necessary
documentation required to determine compliance with the Municipal Code.
10. 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,
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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.
11. 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.
The applicant shall incorporate the City's construction best management practices
into the building permit plan set prior to any grading, excavation, foundation or
building permit issuance.
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12. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS
i) All grading activities shall be limited to the dry season (April 15 to October 1),
unless permitted otherwise by the Director of Public works.
j) Construction hours and noise limits shall be compliant with all requirements of
Chapter 10.48 of the Cupertino Municipal Code.
k) 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.
1) 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.
m) 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.
n) 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.
13. NOISE AND VIBRATION NOTICE AND SIGNAGE REQUIREMENTS
a. At least 10 days prior to the start of any demolition, ground disturbing, or
construction activities, the project applicant shall send notices of the planned
activity by first class mail as follows:
i. 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;
ii. 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
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iii. 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.
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 project applicant shall provide the City
with evidence of mailing of the notice, upon request.
b. At least 10 days prior to the start of construction activities, a sign shall be posted
at the entrance(s) to the job site, clearly visible to the public, which includes
permitted construction days and hours, as well as the 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. If the authorized contractor's
representative receives a complaint, they shall investigate, take appropriate
corrective action, and report the action to the City within three business days of
receiving the complaint.
14. NOISE MANAGEMENT DURING CONSTRUCTION
Projects shall implement 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 during the Building Permit stage. 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
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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.
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.
15. 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.
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
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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.
16. 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.
This Director's approval is effective September 28, 2022. The 14-calendar-day appeal
period will expire on October 12, 2022 at 5:00 p.m.
Enclosure:
Plan set