ASA-2011-08b City of Cupertino
, , , 10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
C U P E RT 1 N O FAX (408) 777-3333
Community Development Department
June 15, 2011
Terry Brown
10491 Scenic Boulevard
Cupertino, Ca. 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - DP-2011-01, ASA-2011-08, TM-2011-02
This letter confirms the decision of the Planning Commission, given at the meeting of June 14, 2011,
approving Development Permit and an Architeciural and Site approval to allow the construction of two,
new, 2,697 square foot single family residences and a Tentative Map approval to subdivide a 0.28 acre
parcel into two parcels of 6,000 square feet each, located at 10216 Orange Avenue, according to Planning
Commission Resolution No.(s) 6644, 6645 and 6646.
Please be aware that if this Permit is not used within a two-year period, it shall expire on June 14, 2013.
Also, please note that an appeal of this decision can be made withixi 14 calendar days from the mailing
of the notice of the decision. If this happens, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
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Piu Ghos
Associate Planner
Planning Department
En�J�osures: Resolution 6644, 6645 and 6646 �
CC: Robert or Kathleen Adzich, 10165 Carmen Rd, Cupertino CA 95014
g/planning/post hearing/actionletterDP-2011-01,ASA-2011-OS,TM-2011-02
ASA-2011-08
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6645
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING AN ARCHITECTURAL AND SITE APPROVAL FOR TO ALLOW THE
CONSTRUCTION OF TWO NEW 2,697 SQUARE FEET SINGLE FAMILY RESIDENCES
LOCATED AT 10216 ORANGE AVE
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-08
Applicant: Terry Brown
Property Owner: Robert or Kathleen Adzich
Location: 10216 Orange Ave (APN: 357-18-031)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL
WHEREAS, the Planning Commission of the City of Cupertino received an application for an
Architectural and Site Approval 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 P1aruling Cominission 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 Planning Commission finds as follows with regard to this application:
1. The proposal, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2. The proposal is consistent with the purposes of Chapter 19.134, Architectural and Site Review, of
the Cupertino Municipal Code, the General Plan, any specific plan, zoning ordinances, applicable
planned development permit, conditional use permits, variances, subdivision maps or other
entitlements to use which regulate the subject property including, but not limited to, adherence to
the following specific criteria:
a) Design harmony between new and existing buildings have been preserved and the materials,
textures and colors of new buildings harmonize with adjacent development with design and
color schemes, and with the future character of the neighborhood and purposes of the zone in
which it is situated. The location, height and materials of hedges and screen planting
harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots have been concealed. Ground cover or various types of
pavements have been used to prevent dust and erosion, and the unnecessary destruction of
existing healthy trees have been avoided.
Resolution No. 6645 ASA-2011-08 June 14, 2011
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, 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 an Architectural and Site Approval, Application no. ASA-2011-04 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. (s) ASA-2011-04 as set
forth in the Minutes of Planning Commission Meeting of May 24, 2011, and are incorporated by
reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on Exhibits titled "New Single Family Residence, 10216 Orange Avenue,
Cupertino, CA 95014" consisting of pages A-1 - A-6 and "New Single Family Residence, 10232
Orange Avenue, Cupertino, CA 95014" consisting of pages A-7 - A-12 prepared by Bruno
Marcelic, Architect A.I.A. dated 5-26-2011 and "Landscaping Planting Plari' labeled L1.0, dated 3-
28-2010, except as may be amended by the Conditions contained in this Resolution.
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. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2011-01 and TM-2011-02 shall be applicable to
this approval.
4. DEVELOPMENT APPROVAL
Architectural and Site Approval is granted to for fa�ade, landscaping, parking lot and sidewalk
enhancements, including a new trash enclosure to service an on-site cafe inside a new health club
facility located inside the Sears store.
The Plannulg Commission shall review amendments to the project considered major by the
Director of Community Development.
5. TREE PROTECTION
The development plans shall be reviewed and approved by the City's consulting arborist to
determine that the improvements proposed shall not damage the health of the tree. If the
improvements cannot be designed in a manner that shall not damage the health of the tree, the
applicant shall obtain appropriate permits and plant appropriate replacements.
As part of the demolition or building permit drawings, a tree protection plan shall be prepared by
a certified arborist for the oak tree to be retained along the north property line. In addition, the
following measures shall be added to the protection plan:
• For trees to be retained, chain link fencing and other root protection shall be installed around
the dripline of the tree prior to any project site work.
• No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved
by the Project Arborist.
Resolution No. 6645 ASA-2011-08 June 14, 2011
• No trenching within the critical root zone area is allowed. If trenching is needed in the
vicinity of trees to be retained, the City's consulting arborist shall be consulted before any
trenching or root cutting beneath the dripline of the tree.
• Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth.
• Tree protection conditions shall be posted on the tree protection barriers.
• Retained trees shall be watered to maintain them in good health.
• A covenant on the property shall be recorded that identifies all the protected trees, prior to
final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist prior to
issuance of building permits. The City's consulting arborist shall inspect the trees to be retained
and shall provide reviews prior to issuance of demolition, grading or building permits. A report
ascertaining the good health of the trees mentioned above shall be provided prior to issuance of
final occupancy.
6. 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. 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 prior to issuance of building permits.
7. LANDSCAPE INSTALLATION REPORT
The project is subject to all provisions delineated in the Landscape Ordinance (CMC, Chapter
14.15). 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.
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."
8. LANDSCAPE AND IRRIGATION MAINTENANCE
Per the Landscape Ordinance (CMC, Chapter 14.15), 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.
Resolution No. 6645 ASA-2011-08 June 14, 2011
9. CONSTRUCTION MANAGEMENT PLAN
A construction management plan shall be prepared by the applicant and approved by staff prior
to issuance of building permits. Staging of construction equipment shall not occur within 15 feet
of any residential property.
10. CONSTRUCTION HOURS
Construction activities shall be limited to Monday through Friday, 7 a.m. to 8 p.m. and Saturday
and Sunday, 9 a.m. to 6 p.m. Construction activities are not allowed on holidays. The developer
shall be responsible for educating all contractors and subcontractors of said construction
restrictions. Rules and regulation pertaining to all construction activities and limitations
identified in this permit, along with the name and telephone number of a developer appointed
disturbance coordinator, shall be posted in a prominent location at the entrance to the job site.
11. DEMOLITION REQUIREMENTS
All demolished building and site materials shall be recycled to the maximum extent feasible
subject to the Building Official. The applicant shall provide evidence that materials were recycled
prior to issuance of final demolition permits.
12. DUST CONTROL
The following construction practices shall be implemented during all phases of construction for
the proposed project to prevent visible dust emissions from leaving the site:
a) Water all active construction areas at least twice daily and more often during windy periods
to prevent visible dust from leaving the site; active areas adjacent to windy periods; active
areas adjacent to existing land uses shall be kept damp at all times, or shall be treated with
non-toxic stabilizers or dust palliatives.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain
at least 2 feet of freeboard;
c) Pave, apply water at least three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites.
d) Sweep streets daily, or more often if necessary (preferably with water sweepers) if visible soil
material is carried onto adjacent public streets.
e) The applicant shall incorporate the City's construction best management practices into the
building permit plan set.
13. 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 modification approval with neighborhood input.
14. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other 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.
15. 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
Resolution No. 6645 ASA-2011-08 June 14, 2011
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: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. DP-2011-01 and TM-2011-02 shall be applicable to
this approval.
PASSED AND ADOPTED this 14� day of June, 2011, Regular Meeting of the Planning Commission
of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
/s/Gary Chao /s/Winnie Lee
Gary Chao � Winnie Lee, Chair
City Planner Planning Commission
G: \ Planning \ PDREPORT � RES � 2011 � ASA-2011-OS res.doc
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