TR-2010-21b OFFICE OF COMI✓IUNITY DEVELOPMENT
, , • CI`TY HALL
10300 TORRE AVEIVUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • F�.X (408) 777-3333 • planningQcupertino.org �
CUPERTINO
, July 23, 2010
Brian Kelly
Kelly Gordon Development
12241 Saratoga-Sunnyvale Road
Saratoga, CA 95070
SUBJECT: RESIDENTIAL DESIGN REVIEW .�CTION LETTER - Application R-2010-07 and TR
2010-21:
This letter confirms the decision of the Director of Community Development, given on July 23,
2010; approving the construction of a new 4, �84 square foot, two-story single family residence
located at 10231 Amelia Court (Lot 2), and ,i Tree Removal application to remove one Coast
Live Oak tree (#3) and the relocation of o�ie Coast Live Oak tree (#2), with the following
conditions:
1. APPROVED PROTECT
This approval is based on a plan set ��ntitled, "New Two Story House at 10231 Amelia
Court (Lot 2) Cupertino, CA 95014"cc�nsisting of ten sheets dated January 6, 2010; and
the color and material sheet; except as may be amended by conditions in this resolution.
2. PRIVACY PLANTING
. The final privacy-planting plan sha l be reviewed and approved by the P1annulg
Division prior to issuance of buildin;; permits. If existing tree(s) is used for privacy
screening, a letter from a certified arb��rist shall be submitted confirming that the tree(s)
is in good condition and is appropriatE � privacy protection in any season.
3. PRIVACY PROTECTION COVENANr
The property owner shall record a co��enant on this properiy to inform future property
owners of the privacy protection mea;;ures and tree protection requirements, consistent
with the R-1 Ordinance, for all windc �ws 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 I)irector of Community Development. Proof of
recordation must be submitted to thE � Community Development Department prior to
final occupancy of the residence.
4. CONSULTATION WITH OTHER DEF'ARTMENTS
The applicant is responsible to consu lt with other departments and/ or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted da ta may invalidate an approval by the Community
Development Department.
10231 Amelia Ct. (Lot 2) R-2010-07 and TR-2010-21 July 23, 2010
5. EXTERIOR BUILDING MATERIALS/'TREATMENTS
Final building exterior treatment plar. (including but not limited to details on exterior
color, material, architectural treatmen�s and/or embellishments) shall be reviewed and
approved by the Director of Commtnity Development prior to issuance of building
permits. The final building exterior pl an 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.
6. WATER EFFICIENT LANDSCAPE OI.DINANCE
The applicant shall be required to com ply with the requirements of the City's Landscape
Ordinance (Chapter 14.15 of the Cup��rtino Municipal Code) to reduce water waste in
landscaping and for irrigation efficier.cy, which includes requirements for a landscape
maintenance agreement.
7. HOUSING MITIGATION FEE
The applicant shall be required to ��ay a housing mitigation fee in the amount of
$2.67/square foot for each new home (inclusive of garage) to be constructed as part of
TM-2010-03 prior to final map, or as determined by the Director of Community
Development.
8. TREE REPLACEMENTS
The applicant shall be required to �►lant one (1) 36-inch box Coastal Oak tree and
one (1) 36-inch box Crape Myrtle c>r Aristocrat Flowering Pear Tree on Lot 2 in
accordance with the City's Protec ted Trees Ordinance. The tree type shall be
reviewed and approved by the Director of Community Development. The
required replacement trees shall be planted within 60 days of the effective
approval date of this tree removal ��ermit.
9. RELOCATED COAST LIVE OAK
In the event the relocated Coast Live Oak (tree #5 on the Tree Planting Plan) does
not survive in its new location, it shall be replaced by a new tree of similar size
and species to be determined by thf � Community Development Director.
10. IN-LIEU TREE REPLACEMENT FF
In the event a replacement tree cannot be planted on the property as determined
by the Director of Community De velopment, the applicant will be required to
pay an in-lieu tree replacement fee based upon the purchase and installation cost
of the replacement tree(s) in cc mpliance with the City's Protected Trees
ordinance.
11. LOT 2 SETBACKS
The side setback along the norther�l property line shall be a minimum of 15 feet
and the minimum side yard setba�:k for the South side shall be a minimum of
five (5) feet. A covenant shall b�� recorded on the property disclosing these
setback requirements on Lot 2 to fu =ure property owners.
10231 Amelia Ct. (Lot 2) R-2010-07 and TR-2010-21 July 23, 2010
12. CONSTRUCTION MANAGEMENT P-�AN
A Construction Management plan sha11 be prepared by the applicant and approved by
the Community Development Department prior to issuance of building permits. The
construction management plan shall acldress, but not be limited to:
➢ The staging, unloading, or parkin�; of construction equipment or vehicles shall not
obstruct or otherwise make unsafe any public right-of-way.
➢ Delineate tree protection measurE�s for the preservation of existing trees on the
property.
➢ Conformance with construction � est management practices as prescribed by the
Public Works Department of the City of Cupertino.
13. FINAL MAP REQUIREMENTS
Prior to issuance of any building permit, the following shall be completed in accordance
with TM-2010-03:
a. The Final Map creating this parcel shall be approved by the City and recorded.
b: All existing structures on the p��operty shall be demolished.
c. The applicant shall record ea� ements on the property in accordance with the
conditions of approval of TM-2010-03 for reciprocal ingress/egress easements,
private roadway access, publi�: access, and maintenance of the easements and
associated improvements.
14. NOTICE OF FEES, DEDICATIONS, RI:SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requiremen :s, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these ConcLitions constitute written notice of a statement of
the amount of such fees, and a descr �ption of the dedications, reservations, and other
exactions. You are hereby further notiEied 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), ha s begun. If you fail to file a protest within this 90-
day period complying with all of the :�equirements of Section 66020, you will be legally
barred from later challenging such exa �tions.
10231 Amelia Ct. (Lot 2) R-20' 0-07 and TR-2010-21 July 23, 2010
Please be aware that if this permit is not used �vithi.n one year, it shall expire on July 23, 2011.
Staff has made all the findings that are requirE�d for approval of a Two-story Residential Permit
as required by the of Cupertino's Municipal Cocle, Chapter 19.28.100 (D). Also, please note that
an appeal of this decision can be made withi�i 14 calendar days from the date of this letter. If
this happens, you will be notified of a pubLic hearing, which will be scheduled before the
Planning Commission.
Sincerely, ' �
�� ��,.�r,�,�
Brian Paland
Assistant Planner
City of Cupertino
Enclosures:
Approved Plan Set
Color and Material Sheet
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