DRC Reso 293 R-2010-22
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,California 95014
RESOLUTION NO. 293
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
TO ALLOW A TWO-STORY PERMIT FOR A NEW 2,912 SQUARE FOOT,
TWO-STORY,SINGLE FAMILY RESIDENCE AT
21835 LOMITA AVENUE (APN 357-16-063)
SECTION I: PROTECT DESCRIPTION
Application No.: R-2010-22
Applicant: Minerva Abad (Jerry Liu and Jennifer Fang)
Location: 21835 Lomita 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 2,912 square foot, two-story, single family residence.
WHEREAS,the Design Review Committee finds that:
1. The proiect is consistent with the Cu�ertino General Plan, an�axrplicable specific plans, zoning ordinance,
and the�ur�oses of the R1 Ordinance;
2. The grantinQ of the permit will not result in a condition that is detrimental or iniurious to pronertu or
im�rovements in the vicinity, and will not be detrimental to the public health, safety, or welfare;
3. The�raposed project is harmonious in scale and design with the general neiQhborhood;and
4. Adverse visual impacts on adjoining pro�erties have been reasonablU mitiQated
NOW,THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the Application No. R-2010-22,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-2010-22 as set forth in the Minutes
of the Design Review Committee Meeting of November 18, 2010, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on the plan set dated October 10, 2010 consisting of 11 sheets entitled, "Proposed
New Residence, 21835 Lomita Avenue, Cupertino, CA 95014" except as may be amended by
conditions in this resolution.
2. PLAN REVISIONS
Prior to issuance of building permits, the plans shall reflect the following revisions:
a) The actual floor area is 3,492 square feet,not 3,483. Areas G and I on sheet A-9 calculate to 35
square feet,not 39.
Resolution No.293 R-2010-22 November 18,2010
Page 2
b) The actual lot coverage is 3,313 square feet,not 3,319.
c) A courtyard fence/gateway feature or other features as deemed appropriate by the Director
of Community Development shall be proposed on the building frontage to help visually
balance the front elevation and minimize the prominence of the garage. The final design shall
be reviewed and approved by the Director of Community Development.
3. DEVELOPMENT APPROVAL �
Approval is granted to construct a 2,912 square foot, two-story, single family residence. Approval is
also granted to convert the use of the existing rear 580 square foot structure to a secondary dwelling
unit.
4. LANDSCAPE AREA DIAGRAM
Prior to issuance of building permits, a landscape area diagram shall be included in the plan set to
show the landscape and hardscape areas as defined in section 14.15.030 of the Cupertino Municipal
Code. If the landscape area exceeds 2,500 square feet, then a full landscape project submittal per
section 14.15.040 is required prior to issuance of building permits.
5. 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.
6. 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 recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
7. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a
certified arborist for the trees to be retained. 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.
• 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.
Resolution No. 293 R-2010-22 November 18,2010
Page 3
e tree protect�on measures s a e inspecte an approve y e cer ie ar orist prior to
issuance of building permits. The 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.
8. PG&E LETTER
Prior to issuance of building permits, the applicant shall provide documentation from PG&E stating
that it is acceptable for the roof eave to project into the 5' wide public service easement along the east
property line. In the event that they do not grant permission, the building shall be reduced in width
so that the eave does not project in this area.
9. 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.
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. 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 minor
modification approval with neighborhood input.
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.�
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
13. STREET DEDICATION
The developer shall dedicate to the City the first five (5) feet of the property along Lomita Avenue.
14. CURB,GUTTER,AND 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.
Resolution No.293 R-2010-22 November 18,2010
Page 4
15. STREETLIGHT
The developer shall install a new City standard street light at the west end of the frontage
(underground power required). Street lighting shall be installed as approved by the City Engineer.
Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to
adjoining properties, and shall be no higher than the maximum height permitted by the zone in
which it is located.
16. UNDERGROUNDING 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. IMPROVEMENT 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 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. SOILS LETTER
The developer shall provide a letter from a geotechnical engineer on the ability of the soils to
percolate water from a drywell.
Resolution No.293 R-2010-22 November 18,2010
Page 5
20. GRADING AND IMPROVEMENT PLANS
The developer shall contact a registered civil engineer to design grading and improvement plans.
PASSED AND ADOPTED this day of November 18, 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: COMMITTEE MEMBERS: none
ATTEST: APPROVED:
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Winnie Lee,Chaixrp so�►
ity Planner Design Review Comnu e