DRC Reso 297 R-ZOlazs
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO.297
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A TWO-STORY PERMIT FOR A NEW 2,819 SQUARE FOOT,
TWO-STORY,SINGLE FAMILY RESIDENCE AT
10292 ORANGE AVENUE(APN 357-19-030)
SECTION I: PROTECT DESCRIPTION
Application No.: R-2010-25
Applicant: Dick Fang(Mimi Tsui)
Location: 10292 Orange Avenue
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 2,819 square foot,two-story,single family residence.
WHEREAS,the Design Review Committee finds that:
1. The project is consistent with the Cu�ertino General Plan an�applicable speci ic plans zoninQ ordinance, and the
�urposes of the R1 Ordinance;
2. The grantin�of the�ermit will not result in a condition that is detrimental or iniurious to propert�or improvements
in the vicinitu and will not be detrimental to the public health, sa�tu, or welfare;
3. The proposed proiect is harmonious in scale and design with the Qeneral neiQhborhood;and
4. Adverse visual impacts on adioininQ properties have been reasonablU mitiQated
NOW,THEREFORE,BE TT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the
Application No. R-2010-25,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-2010-25 as set forth in the Minutes of the Design
Review Committee Meeting of December 2,2010,and are incorporated by reference herein.
SEC'TION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBTTS
Approval is based on the plan set dated October 12, 2010 with a revision date of November 17,2010 consisting
of seven (7) sheets titled, "A New Residence for Ms. Mimi Tsui, 10292 Orange Avenue,Cupertino, California'
except as may be amended by conditions in this resolution.
2. LANDSCAPE PROTECT SUBMITTAL
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per section
14.15.040 of the Landscaping Ordinance.
3. LANDSCAPE INSTALLATION REPORT
A landscape installation audit shall be conducted by a certified landscape professional after the landscaping
and irrigation system have been installed.The findings of the assessment shall be consolidated into a landscape
installation report.
Resolution No.297 R-2010-25 December 2,2010
Page 2
The landscape installation report shall include,but is not limited to: inspection to confirm that the landscaping
and irrigation system are installed as specified in the landscape and irrigation design plan, system tune-up,
system test with distribution uniformity, reporting overspray or run-off that causes overland flow, and
preparation of an irrigation schedule.
The landscape installation report shall include the following statement: "The landscape and irrigation system
have been installed as specified in the landscape and irrigation design plan and complies with the criteria of
the ordinance and the permit."
4. LANDSCAPE AND IRRIGATION MAINTENANCE
A maintenance schedule shall be established and submitted to the Director of Community Development or
his/her designee,either with the landscape application package, with the landscape installation report, or any
time before the landscape installation report is submitted.
a) Schedules should take into account water requirements for the plant establishment period and water
requirements for established landscapes.
b) Maintenance shall include, but not be limited to the following: routine inspection; pressure testing,
adjustment and repair of the irrigation system; aerating and de-thatching turf areas; replenishing mulch;
fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission
devices.
c) Failed plants shall be replaced with the same or functionally equivalent plants that may be size-adjusted as
appropriate for the stage of growth of the overall installation. Failing plants shall either be replaced or be
revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by
a landscaping professional.
5. TREE REPLACEMENTS
The property owner shall be required to plant two (2) 36-inch box trees on the property. Prior to issuance of
building permits, the property owner shall consult the services of the City's consulting arborist to recommend
an adequate tree replacement location on the property.
6. 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.
7. 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 recordaHon
must be submitted to the Community Development Department prior to final occupancy of the residence.
8. 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.
9. 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.
Resolution No. 297 R-2010-25 December 2,2010
Page 3
10. EXTERI OR BUILDING MATERIALS/TREATMENTS
Final building exterior treatment plan (including but not limited to details on exterior color, material,
architectural treafinents 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.
11. 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
CondiHons 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.
SECTION IV: CONDTI'IONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
12. ST REET DEDICATION
The developer shall dedicate to the City the first five(5)feet of the property along Orange Avenue.
13. CURB,GUTTER,AN D SIDEWALK
The developer shall install a new sidewalk, curb, and gutter along the frontage of the property to match the
existing improvements on each side of the property. Curbs, gutters, sidewalks, driveway approaches, and
related structures shall be installed in accordance with grades and standards as specified by the City Engineer.
14.TOPO GRAPHIC SURVEY
A topographic survey by a registered civil engineer 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 centerline of the road in order to establish
the correct curb and gutter location and grade to match existing flow patterns.
15. STREET TREE
A street tree shall be provided in the public right of way to the satisfaction of the Public Works Department.
16. UNDER GROUNDING 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).
17. 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. Drainage shall be directed to a
new dry well.
18. IMPRO VEMENT 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
Resolution No. 297 R-2010-25 December 2,2010
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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.
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.
19. GRA DING AND IMPROVEMENT PLANS
The developer shall contact a registered civil engineer to design grading and improvement plans.
PASSED AND ADOPTED this day of December 2, 2010, 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:Chairperson Lee,Miller
NOES: COMMITTEE MEMBERS:none
ABSTAIN: COMMITTEE MEMBERS:none
ABSENT: COMMTTTEE MEMBERS:none
ATTEST: APPROVED:
r
C Winnie Lee,Cha rs n
City Planner Design Review Comm e