DRC Reso 306 ASA-2011-11
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 306
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
ARCHITECTURAL AND SITE APPROVAL PERMIT FOR A NEW 5,202 SQUARE FOOT,SINGLE-STORY,
SINGLE FAMILY RESIDENCE IN THE OAK VALLEY PLANNED DEVELOPMENT DISTRICT LOCATED
AT 10450 SERRA STREET (APN 342-59-013)
SECTION I: PROTECT DESCRIPTION
Application No.: ASA-2011-11
Applicant/owner: Robert Adzich
Location: 10450 Serra Street (APN 342-59-013)
SECTION II: FINDINGS FOR ARCHITECTURAL AND SITE APPROVAL:
WHEREAS, the Design Review Committee 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 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:
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;
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,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) Abrupt changes in building scale should be avoided. A gradual transition related to height and
bulk should be achieved between new and existing buildings;
The project is compatible with the scale of the existing Oak Valley neighborhood in terms of height, bulk, roof
pitches, and garage placement.
b) In order to preserve design harmony between new and existing buildings and in order to preserve
and enhance property values, the materials, textures and colors of new buildings should harmonize
with adjacent development by being consistent or compatible with design and color schemes, and
with the future character of the neighborhood and purposes of the zone in which they are situated.
The location, height and materials of walls, fencing, hedges and screen planting should harmonize
with adjacent development. Unsightly storage areas, utility installations and unsightly elements of
parking lots should be concealed. The planting of ground cover or various types of pavements
Resolution No.306 ASA-2011-11 June 16,2011
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should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees
should be avoided. Lighting for development should be adequate to meet safety requirements a�
specified by the engineering and building departments, and provide shielding to prevent spill- over
light to adjoining property owners;and
The proposed house consists of high quality building materials that are apparent in many of the homes in the
Oak Valley neighborhood. Screening trees and native landscaping are proposed throughout the site to
harmonize with its natural environment. Decorative and pervious pavement is proposed for many hardscape
areas, such as the driveway. All lighting is low voltage and low intensity that is designed not spill over to
adjacent residential properties and the public open space area.
c) With respect to new projects within existing residential neighborhoods, new development should be
designed to protect residents from noise, traffic, light and visually intrusive effects by use of
buffering,setbacks,landscaping,walls and other appropriate design measures
The proposed project is consistent with the prescribed development standards and design guidelines in the Oak
Valley Planned Development District.
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,:
1. The application for an Architectural and Site Approval, Application no. ASA-2011-11 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. ASA-2011-11 as set forth in the Minutes
of Design Review Committee Meeting of June 16, 2011, 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 entitled, "A New Residence, The Adzich Residence, 10450 Serra
Street, Cupertino, CA;' drawn by Candelaria Design dated May 23, 2011 consisting of 10 sheets labeled
A1.1, A2.1, A2.2, A0.0, A4.1, A5.1, A5.2, A5.3, A5.4, and A6.1;' the plan set entitled, "Adzich Residence,
10450 Serra Street, Cupertino, California 95014;' drawn by Berghoff Design Group dated June 3, 2011
consisting of five (5) sheets labeled PP.1, HP.1, II.1, LP.1, and HD.1"except as may be amended by
conditions 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. COMPLIANCE WITH U-1997-06 CONDITIONS
The property owner shall comply with all applicable conditions of Oak Valley Use Permit no. U-1997-
06.
4. DRAINAGE PLAN
A drainage plan in accordance with the Oak Valley Design Guidelines shall be submitted to the City for
review and approval prior to issuance of building permits.
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5. GEOTECHNICAL REVIEW
The project shall incorporate all recommendations set forth in the project geotechnical consultant's
geotechnical investigation. 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 June 15,
2011:
a. Incorporation of Stitch Piers. Stich piers shall be incorporated into the design and construction of
the western basement walls as outlined in the referenced Pollak Engineering letter dated June 6,
2011. In addition, the project geotechnical consultant shall be present during basement excavation to
evaluate the stability of earth material exposed around the entire perimeter of the basement.
b. Structural Plans. Structural plans shall be prepared that reflect the recommendations of the project
geotechnical consultant. The structural engineer may want to consider utilizing greater than the
recommended pier diameter of 12 inches to assure adequate (minimum 3-inch) clearance for
reinforcing steel. Project design shall include "stich piers" designed bassed on recomxnendations
from Pollak Engineering.
c. Geotechnical Plan Review. 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, stitch piers, and retaining walls) to ensure
that their recommendations have been properly incorporated. The consultant shall specifically
verify that adequate design measures (stitch piers) are proposed to significantly reduce the potential
for adverse offsite impacts associated with basement construction.
The structural plans referenced in 5b. and results of the geotechnical plan review shall be submitted
to the City for review and approval by the City Engineer prior to issuance of building permits.
d. Geotechnical Field Inspections. Prior to the final (as-built) project approval, 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 consultant shall be present during
basement excavation to evaluate the stability of earth materials exposed around the entire perimeter
of the basement.
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
project approval.
6. HOLD HARMLESS AGREEMENT WITH SANTA CLARA COUNTY PARKS AND RECREATION
DEPARTMENT
Prior issuance of building permits, the property owner shall provide a letter of indemnification,holding
the County harmless from any work, including grading, that may impact County parklands in the
public open space easement. If the property owner requires access to County parkland for construction
activity, the property owner would need to seek a permit to enter from the County Parks Department.
7. TREE PLANTING
The final tree planting plan shall be reviewed and approved by the Planning Division prior to issuance
of building permits. Prior to final occupancy, a licensed landscape architect or certified arborist shall
submit a letter confirming that the trees were planted properly and according to the approved tree
planting plan.
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8. 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.
9. 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.
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."
10. 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.
11. RETAINING WALL DESIGN
The Director of Public Works and Director of Community Development shall review and approve the
final retaining wall plans and exterior materials prior to issuance of building permits. All new retaining
walls shall be screened by either appropriate stone or wood siding materials or other similar
materials/features as deemed appropriate by the Director of Community Development to help reduce
the visual mass and blend with the surrounding natural environment.
12. PRE-CONSTRUCTION MEETING AND CONSTRUCTION MANAGEMENT PLAN
Prior to commencement of construction activities, the applicant shall arrange for a pre-construction
meeting with the pertinent departments (Building, Planning, and Public Works) to review an applicant-
prepared construction management plan including, but not limited to, plan for compliance with
conditions of approval and Oak Valley Design Guidelines, staging of construction equipment, tree
protection,public access, and noise and dust control.
13. 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
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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.
14. 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.
15. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departxnents 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.
16. 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.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
1. TITLE REPORT GRANT DEED AND UNDERGROUND WATER RIGHTS
The property owner shall provide a preliminary title report and grant deed, as well as quitclaim
underground water rights.
2. SIDEWALK CURB RAMP DRIVEWAY APPROACH AND STREET TREE
The developer shall install a new sidewalk, ADA-accessible curb ramp, driveway approach, and street
tree along the frontage of the property. The sidewalk shall continue along the existing pattern and
follow the linear parkway requirements stated in the Oak Valley Use Permit. Curbs, gutters, sidewalks,
driveway approaches, and related structures shall be installed in accordance with grades and standards
as specified by the City Engineer. An encroachment permit is required for all work in the public right-
of-way.
3. UTILITY LINES
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).
4. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Onsite drainage shall be shown on
the site plan with direction and slope percentage. No increase in storm drain run-off is permitted.
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SECTION V: CONDITIONS ADMINISTERED BY THE SANTA CLARA COUNTY FIRE DEPARTMENT
1. WILDLAND-URBAN INTERFACE
This project is located within the designated Wildland-Urban Interface Fire Area. The building
construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that
vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval.
2. FIRE SPRINKLERS
An automatic sprinkler system shall be provided throughout all new buildings and structures
exceeding 1,000 square feet. NOTE: Covered porches,patios,balconies, and attic spaces may require fire
sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application, and appropriate fees to this department for review and
approval prior to beginning their work. CFC Sec. 903.2,as adopted and amended by CUPMC.
3. POTABLE WATER SUPPLIES
Potable water supplies shall be protected from contamination caused by fire protection water supplies.
It is the responsibility of the applicant and any contractors and subcontractors to contact the water
purveyor supplying the site of such project, and to comply with the requirements of that purveyor.
Such requirements shall be incorporated into the design of any water-based fire protection system,
and/or fire suppression water supply systems or storage containers that may be physically connected
in any manner to an appliance capable of causing contaimination of the potable water supply of the
purveyor of record. Final approval of the system(s) under consideration will not be granted by this
office until compliance with the requirements of the water purveyor of record are documentd by that
purveyor as having been met by the applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code
13114.7.
4. PREMISES IDENTIFICATION
Approved numbers or addresses shall be placed on all new and existing buildings in such a position as
to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast
with their background. CFC Sec. 505.
PASSED AND ADOPTED this 16th day of June, 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: COMMISSIONERS: Chair Miller,Sun
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: PPROVED: �
�..._ / �
,
o 'ller,Chair
City Planner Design eview Committee