DRC Reso 300 R-2011-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 300
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A TWO-STORY PERMIT FOR A NEW 2,855 SQUARE FOOT,
TWO-STORY,SINGLE FAMILY RESIDENCE AT
10170 AMELIA COURT (APN 326-17-013)
SECTION I: PROTECT DESCRIPTION
Application No.: R-2011-02
Applicant: Kirk Tang (Lixin Chen)
Location: 10170 Amelia Court
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an application to allow a
Two-Story Permit for a new 2,855 square foot, two-story, single family residence.
WHEREAS, the Design Review Committee finds that:
1. The project is consistent zuith the Cupertino General Plan, amLpplicable specific plans, zoning ordinance,
and the�urposes of the R1 Ordinance;
2. The granting of the permit zuill not result in a condition that is detrimental or injurious to properft� or
improvements in the vicinihJ, and zvill not be detrimental to the public health, safeh�, or zuelfare;
3. The�roposed project is harmonious in scale and clesign zvith the general nei�hborhood;and
4. Adverse visual impacts on adjoining properties have been reasonabli/mitigated
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Application No. R-2011-02, is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the public hearing record concerning Application R-2011-02 as set forth in the Minutes
of the Design Review Committee Meeting of March 3,2011, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated January 25, 2011 drawn by SC Design Group consisting of
five (5) sheets titled, "Leon Residence, 10170 Amelia Ct., Cupertino, CA 95014," except as may be
amended by conditions in this resolution.
Resolution No. R-2011-02 March 3,2011
Page 2
2. ACCURACY OF 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. DEVELOPMENT APPROVAL
Approval is granted to construct a 2,855 square foot, two-story, single family residence.
4. LANDSCAPE PLAN
The final landscaping plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. If the landscape area (defined by section 14.15.030) exceeds 2,500 square
feet, then a full landscape project submittal per section 14.15.040 is required prior to issuance of
building permits.
5. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to
issuance of building permits. If existing tree(s) is used for privacy screening, a letter from a certified
arborist shall be submitted confirming that the tree(s) is in good condition and is appropriate privacy
protection in any season.
6. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property owners of the
privacy protection measures and tree protection requirements,consistent with the R-1 Ordinance, for
all windows with views into neighboring yards and a sill height that is 5 feet or less from the second
story finished floor. The precise language will be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult 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.
8. EXTERIOR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treatments and/or embellishments) shall be reviewed and approved by the Director of
Community Development prior to issuance of building permits. The final building exterior plan
shall closely resemble the details shown on the original approved plans. Any exterior changes
determined to be substantial by the Director of Community Development shall require a minor
modification approval with neighborhood input.
9. 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
Resolution No. R-2011-02 March 3,2011
Page 3
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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
10. TITLE REPORT AND GRANT DEED
The property owner shall provide a preliminary title report and grant deed, as well as quitclaim
underground water rights.
11. CURB, GUTTER, DRIVEWAY APPROACH,AND SIDEWALK
The developer shall install a new curb, gutter, driveway approach, and sidewalk along the frontage
of the property. A topographic survey will be required along the frontage and to the nearest existing
curb and gutter on each side of the property, as well as to the center of the street to establish the
correct curb and gutter location and grade to match existing flow patterns. Curbs, gutters, sidewalks,
driveway approaches, and related structures shall be installed in accordance with grades and
standards as specified by the City Engineer.
12. UNDERGROUNDING OF OVERHEAD UTILITY LINES
The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331
and other related ordinances and regulations of the City of Cupertino, and shall coordinate with the
affected utility providers for installation of underground utility devices. The developer shall submit
detailed plans showing utility underground provisions. Said plans shall be subject to prior approval
of the affected utility provider and City Engineer.
The development plans shall clearly show all utility lines from the house to the street (electric,
electric panel, gas,water,sewer). Indicate as new (N) or existing (E).
13. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post-development
calculations must be provided to indicate whether additional storm water control measures are to be
installed. Onsite drainage shall be shown on the site plan with direction and slope percentage.
14. IMPROVEMENT AGREEMENT
. The developer shall enter into a development agreement with the City of Cupertino providing for
payment of fees, including but not limited to checking and inspection fees, storm drain fees, park
dedication fees, and fees for the undergrounding of utility services. Said agreement shall be
executed prior to issuance of construction permits.
Fees:
Faithful Performance Bond = 100% of the Cost of the Improvements within the right of way.
Labor and Materials Bond = 100% of the Cost of the Improvements within the right of way.
Checking and Inspection Fee = $2,468, or 5% of the Cost of the Improvements within the right of way
(whichever is greater).
Development Maintenance Deposit= $1,000
Storm Drainage Fee = $400 +/- (based on acreage)
Park Fee = $15,750/per additional unit
Addition fees may include:
If grading quantities exceed 100 C.Y.:
Grading Bond = 115% of the Cost of the Improvements for onsite grading and drainage.
Resolution No. R-2011-02 March 3,2011
Page 4
Grading Permit Fee = $2,217,or 5% of the Cost of the Improvements for onsite grading and drainage
(whichever is greater).
The fees described above are imposed based on the current fee schedule adopted by the City Council.
However, the fees imposed herein may be modified at the time of building permit issuance. In the
event of said change or fees, the fees changed at that time will reflect the current fee schedule.
15. GRADING AND IMPROVEMENT PLANS
The developer shall contact a registered civil engineer to design grading and improvement plans.
16. IMPERVIOUS SURFACE CALCULATIONS
A registered civil engineer shall provide existing and proposed impervious surface calculations.
PASSED AND ADOPTED this day of March 3, 2011 at a Regular Meeting of the Design Review
Committee of the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMITTEE MEMBERS:
NOES: COMMITTEE MEMBERS:
ABSTAIN: COMMITTEE MEMBERS:
ABSENT: COMMITTEE MEMBERS:
ATTEST: APPROVED: �
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Gary C� Ma ill r, Chairperson
City Planner Design Rev w Coinmittee