ATT ACHMENT 3
PLNG-2023-0642
160 South Pastoria Drive
DRAFT
CONDITIONS OF APPROVAL AND
STANDARD DEVELOPMENT REQUIREMENTS
[INSERT DATE OF APPROVAL]
Planning Application PLNG-2023-0642
160 South Pastoria Drive
Variance permit to allow deviation from Sunnyvale Municipal Code (SMC) Section 19.40.040 to legalize an existing 112 square foot detached accessory structure in the rear yard of a single-family property with a 2-foot 5-inch side setback where 4 feet minimum is required, and a 2-foot 2-inch rear yard setback where 10 feet minimum is required.
The following Conditions of Approval [COA] and Standard Development Requirements [SDR] apply to the project referenced above. The COAs are specific conditions applicable to the proposed p
roject. The SDRs are items which are
codified or adopted by resolution and have been included for ease of reference, they may not be appealed or changed. The COAs and SDRs are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of required compliance. Applicable mitigation measures are noted with “Mitigation Measure” and placed in the applicable phase of the project. In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Permittee expressly accepts and agrees to comply with the following Conditions of Approval and Standard Development Requirements of this Permit:
GC: THE FOLLOWING GENERAL CONDITIONS AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL APPLY TO THE APPROVED
PROJECT.
GC-1. CONFORMANCE WITH APPROVED PLANNING APPLICATION:
All building permit drawings and subsequent construction and operation
shall substantially conform with the approved planning application, including: drawings/plans, materials samples, building colors, and other items submitted as part of the approved application. Any proposed amendments to the approved plans or Conditions of Approval are subject to review and approval by the City. The Director of Community Development shall determine whether revisions are considered major or minor. Minor changes are subject to review and approval by the Director of Community Development. Major changes are subject to review at a public hearing. [COA] [PLANNING]
Attachment 3 Page 1 of 5
ATTACHMENT 3
PLNG-2023-0642
160 South Pastoria Drive
GC-2. ENTITLEMENTS-EXERCISE AND EXPIRATION:
The approved entitlements shall be null and void two years from the date of approval by the final review authority if the approval is not exercised, unless a written request for an extension is received prior to the expiration date and is approved by the Director of Community Development. [SDR] (PLANNING)
GC-3. INDEMNITY:
The applicant/developer shall defend, indemnify, and hold harmless the City, or any of its boards, commissions, agents, officers, and employees (collectively, "City") from any claim, action, or proceeding against the City to attack, set aside, void, or annul, the approval of the project when such claim, action, or proceeding is brought within the time period provided for in applicable state and/or local statutes. The City shall promptly notify the developer of any such claim, action or proceeding. The City shall have the option of coordinating the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith. [COA] [OFFICE OF THE CITY ATTORNEY]
GC-4. NOTICE OF FEES PROTEST:
As required by California Government Code Section 66020, the project applicant is hereby notified that the 90- day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the city as part of the approval or as a condition of approval of this development.
The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city impact fee schedule. [SDR] [PLANNING / OCA]
BP: THE FOLLOWING CONDITIONS SHALL BE ADDRESSED ON THE
CONSTRUCTION PLANS SUBMITTED FOR ANY DEMOLITION PERMIT,
BUILDING PERMIT, GRADING PERMIT, AND/OR ENCROACHMENT
PERMIT AND SHALL BE MET PRIOR TO THE ISSUANCE OF SAID
PERMIT(S).
BP-1. OBTAIN BUILDING PERMIT(S).
Building permit plans shall comply with the Sunnyvale Municipal Code and the version of th
e California building, residential, electrical, plumbing, mechanical,green building, and energy codes in effect at the time of building permit submittal. Submit complete sets of plan signed and Attachment 3 Page 2 of 5
ATT ACHMENT 3
PLNG-2023-0642
160 South Pastoria Drive
stamped along with all other applicable construction documents for electronic review. This project will be submitted for a 21-day plan review.
For additional information on how to submit, see link below:
https://www.sunnyvale.ca.gov/home/showdocument?id=3903&t=63802 4688586451402
BP-2. BUILDING PERMIT PLANS:
The main house uncovered rear deck and accessory structure air conditioning unit shall be included into
the scope of work of the building
permit plan set.
BP-3. NOISE:
The air conditioning unit must comply with Sunnyvale Municipal Code Noise Ordinance section 19.42.030.
BP-4. AIR CONDITIONER
The air conditioner shall comply with the setbacks and standards of mechanical equipment set forth in Sunnyvale Municipal
Code section
19.48.100.
BP-5. BUILDING PERMIT:
At the time of buil
ding permit, include the completed CALGreen and
GreenPoint Rated checklists on the plans submitted for building permits.
Add a note to the plan sheet where each item is referenced.
Sample CALGreen checklist is available on-line at:
https://www.sunnyvale.ca.gov/business-and-development/planning- and-building/green-building. Ensure that the related plan sheets reflect all the requirements of the CALGreen and GreenPoint Rated as notes or are incorporated into the plans. Please be aware that a GreenPoint Rater will be required to verify the GreenPoint items are incorporated into the plans and also verify installation is complete prior to occupancy of any unit/building.
BP-6. BUILDING PERMIT:
At time of building permit, ensure exterior walls less than 5 feet from the property line comply with CRC R302 for fire resistance construction and maximum allowable openings.
BP-7. BUILDING PERMIT:
Remove notes referring the structure as a shed. Building is conditioned and therefore must comply with living space requirements.
BP-8. CONDITIONS OF APPROVAL:
Final plans shall include all Conditions of
Approval included as part of the
approved application starting on sheet 2 of the plans. [COA] [PLANNING] Attachment 3 Page 3 of 5
AT TACHMENT 3
PLNG-2023-0642
160 South Pastoria Drive
BP-9. RESPONSE TO CONDITIONS OF APPROVAL:
A written response indicating how each condition has or will be addressed shall accompany the building permit set of plans. [COA] [PLANNING] BP-10. NOTICE OF CONDITIONS OF APPROVAL:
A Notice of Conditio
ns of Approval shall be filed in the official records of the County of Santa Clara and provide proof of such recordation to the City prior to issuance of any City permit, allowed use of the property, or Final Map, as applicable. The Notice of Conditions of Approval shall be prepared by the Planning Division and shall include a description of the subject property, the Planning Application number, attached conditions of approval and any accompanying subdivision or parcel map, including book and page and recorded document number, if any, and be signed and notarized by each property owner of record.
For purposes of determining the rec
ord owner of the property, the
applicant shall provide the City with evidence in the form of a report from a title insurance company indicating that the record owner(s) are the person(s) who have signed the Notice of Conditions of Approval. [COA] [PLANNING]
DC: THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT.
DC-1. BLUEPRINT FOR A CLEAN BAY:
The project shall be in compliance with stormwater best management practices for general
construction activity until the project is completed
and either final occupancy has been granted. [SDR] [PLANNING] DC-2. TREE PROTECTION:
No protected tree re
movals are part of this permit. Provide tree protection for all protected trees on the site per Sunnyvale Municipal Code section
19.94.120. [COA] [PLANNING]
DC-3. CLIMATE ACTION PLAN – OFF ROAD EQUIPMENT REQUIREMENT:
OR 2.1: Idling times will be minimized e
ither 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]), or less. Clear signage will be provided at all access points to remind construction workers of idling restrictions.
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ATTACHMENT 3
PLNG-2023-0642
160 South Pastoria Drive
OR 2.2: Construction equipment must be maintained per manufacturer’s specifications.
OR 2.3: Planning and Building staff will work with project applicants to limit GHG emissions from construction equipment by selecting one of the following measures, at a minimum, as appropriate to the construction project:
a) Substitute electrified or hybrid equipment for diesel- and gasoline- powered equipment where practical.
b) Use alternatively fueled construction equipment on-site, where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.
c) Avoid the use of on-site generators by connecting to grid electricity or utilizing solar-powered equipment.
d) Limit heavy-duty equipment idling time to a period of 3 minutes or less, exceeding CARB regulation minimum requirements of 5 minutes. [COA] [PLANNING]
DC-4. DUST CONTROL:
At all times, the Bay Area Air Quality Management District’s CEQA Guidelines and “Basic Construction Mitigation Measures Recommended for All Proposed Projects”, shall be implemented. [COA] [PLANNING]
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