DRC Reso 321 R-2014-23
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 321
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A TWO-STORY
PERMIT TO ALLOW A 1,564 SQUARE FOOT FIRST FLOOR AND A 311 SQUARE FOOT SECOND
STORY ADDITION TO EXISTING 4,080 SQUARE FOOT TWO-STORY SINGLE-FAMILY RESIDENCE
LOCATED AT 11204 MT. CREST DRIVE (APN 356-26-017)
SECTION I: PROTECT DESCRIPTION
Application No.: R-2014-23
Applicant: Diony T. Bugay(Sandeep and Toral Chopra)
Location: 11204 Mt. Crest Drive(APN 356-26-017)
SECTION II: FINDINGS FOR A TWO-STORY PERMIT:
WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Two-
Story Permit as described in Section I. of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the
City of Cupertino, and the Design Review Committee has held at least one public hearing in regard to the
application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Design Review Committee finds as follows with regard to this application:
a. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning
ordinance and the purposes of this title.
The project is consistent with the General Plan and zoning ordinance, except for the R1 Exception requested. The
project is not located in a specific plan area. As noted above, strict application of the R1 front yard setback
requirement would preclude a standard garage to be constructed where the driveway is currently located due to the
orientation of the front lot line and the location of the existing residence.
b. The granting of the permit will not result in a condition that is detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.
The project will not be detrimental or injurious to property or improvements in the vicinity, and will not be
detrimental to the public health, safety, or welfare because the project is consistent with the intent of the R1
Ordinance, has been designed with respect to the site's geologic conditions and topography, provides plantings to
minimize privacy impacts, and has been situated to minimize disturbance to existing hillside areas.
c. The proposed project is harmonious in scale and design with the general neighborhood.
The proposed project is harmonious in scale and design with the general neighborhood. The project's building
form, height, roof pitches, materials, and setbacks are consistent with the predominant neighborhood pattern of
homes in the neighborhood.
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d. Adverse visual impacts on adjoining properties have been reasonably mitigated.
The project design is consistent with the City's Single-Family Residential Design Guidelines, which are intended
to minimize adverse visual impacts to neighboring properties. Potential privacy impacts are addressed by
providing a combination of new privacy plantings and protecting existing mature trees. Both the new and existfng
trees used for privacy screening will be required to be recorded on the property, unless waived by the affected
neighboring property owners.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, the
application for a Two-Story Permit Application no. R-2014-23, 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 no. R-2014-23 as set forth in the Minutes of
Design Review Committee Meeting of August 7, 2014, and are incorporated by reference as though fully
set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set received on July 11, 2014 entitled, "Remodel and Addition for
Sandeep & Toral Chopra, 11204 Mt. Crest Drive, Cupertino, California," drawn by architect Diony T.
Bugay and LC Engineering, consisting of 20 sheets labeled A-1, A-2, 1, 2, 3, 4, 5, 6, C-7, A-3, A-4, A-5, A-
6, A-7, A-8, A-9, A-10, A-11, A-12, and A-13; except as may be amended by conditions in this resolution.
2. ACCURACY OF PROLECT 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
A Two-Story Permit is granted to allow the construction of a 1,564 square foot first floor and a 311
square foot second story addition to an existing 4,080 square foot two-story single-family residence.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. EXC-2014-08 and RM-2014-17 shall be applicable to
this approval.
5. CONSTRUCTION MANAGEMENT PLAN
Per Design Review Committee direction, �rior to issuance of building permits, the applicant shall
prepare a construction management plan to the satisfaction of the Director of Community
Development, including,but not limited to:
a. Plan for compliance with conditions of approval
b. Construction staging area
c. Construction schedule and hours (allowable construction hours are Monday through Friday, 7 a.m.
to 8 p.m. and Saturday and Sunday, 9 a.m. to 6 p.m, with no construction allowed on holidays).
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d. References to the City's Community Noise Control Ordinance (Chapter 10.48) requirements for
construction and grading noise
e. Contractor parking area
f. Tree preservation/protection plan
g. Site dust,noise and storm water run-off management plan
h. Emergency/complaint and construction site manager contacts
6. GEOTECHNICAL REVIEW
The project shall incorporate all recommendations set forth in the project geologic and geotechnical
consultant's reports. In addition, the project shall incorporate all the following conditions set forth in
the geotechnical peer review conducted by Cotton, Shires and Associates, Inc. dated Apri125, 2014:
a. Structural Plans. Prior to buildin� vermit issuance, structural plans shall be generated that
incorporate the foundation recommendations of the geologic and geotechnical consultants.
b. Geotechnical Plan Review. Prior to building �ermit issuance, the applicant's geotechnical
consultant shall review and approve all geotechnical aspects of the development plans (i.e. site
preparation and grading, site drainage improvements and design parameters for foundations, and
retaining walls) to ensure that their recommendations have been properly incorporated.
c. Geotechnical Field Inspections. The geotechnical consultant shall inspect, test (as needed), and
approve all geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface drainage
improvements and excavations for foundations and retaining walls prior to the placement of steel
and concrete. The following shall specifically be performed:
a. T'he Project Engineering Geologic Consultatnt shall inspect all foundation excavations,
including pierholes, to assure that the subsurface conditions are as anticipated, and that
poers are embedded sufficiently into competent earth materials.
The results of these inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter and submitted to the City Engineer for review prior to final
occu�anc�.
7. PRIVACY PLANTING
The final privacy-planting plan shall be reviewed and approved by the Planning Division ri� or to
issuance of buildin��ermits. The variety, size, planting distance shall be consistent with the City's
requirements.
8. 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 pro tection 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 occu�anc�of the residence.
9. LANDSCAPE PROTECT SUBMITTAL:
Prior to issuance of building permits, the applicant shall submit a full landscape project submittal per
sections 14.15.040 A, B, C, and D of the Landscaping Ordinance only if more than 2,500 square feet of
Resolution No.321 R-2014-23 August 7,2014
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landscaping area is proposed. The Water-Efficient Design Checklist (Appendix A of Chapter 14.15),
Landscape and Irrigation Design Plans, and Water Budget Calculations shall be reviewed and
approved to the satisfaction of the Director of Community Development �rior to issuance of buildin�
�ermrts•
10. 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.
11. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
12. 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.
PASSED AND ADOPTED this 7th day of August, 2014, at a regular Meeting of the Design Review
Committee of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Commissioner Takahashi
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/s/Gary Chao /s/Winnie Lee
Gary Chao Winnie Lee, Chair
Asst. Director of Community Development Design Review Committee