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DRC Packet 7-18-2019CITY OF CUPERTINO AGENDA DESIGN REVIEW COMMITTEE 5:00 PM 10300 Torre Avenue, City Hall Conference Room C Thursday, July 18, 2019 ROLL CALL APPROVAL OF MINUTES 1.Subject: Draft Minutes September 6, 2018 Recommended Action: approve or modify the Draft Minutes of September 6, 2018 Draft Minutes of September 6, 2018 2.Subject: Draft Minutes of December 6, 2018 Recommended Action: approve or modify the Draft Minutes of December 6, 2018 Draft Minutes of December 6, 2018 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the members on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the members from making any decisions with respect to a matter not listed on the agenda PUBLIC MEETING 3.Subject: Residential Design Review for a new 4,170 square foot, two-story, single family residence with a rear facing balcony located in an R 1-a district. Application No(s).: R-2019-03; Applicant(s): Alfred Devaraj residence; Location: 10713 Larry Wy APN#316-02-007 Recommended Action: Conduct the public meeting and find: 1) that the project is exempt from CEQA; and 2) approve the application per the Draft Resolution Staff Report 1 - Draft Resolution 2 - Plan Set OLD BUSINESS Page 1 July 18, 2019Design Review Committee AGENDA NEW BUSINESS STAFF AND COMMITTEE REPORTS ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment. Page 2 Design Review Committee September 6, 2018 Cupertino, CA 95014 (408) 777-3308 ACTION MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON September 6, 2018 ROLL CALL Committee Members present:Alan Takahashi, Chairperson David Fung, Commissioner Committee Members absent: none Staff present: Erika Poveda, Assistant Planner Benjamin Fu, Assistant Director of Community Development Staff absent: none APPROVAL OF MINUTES: August 3, 2017 Minutes of the August 3, 2017 Design Review Committee meeting were approved as written ORAL COMMUNICATION: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None WRITTEN COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC MEETING: 1.Application No.(s): EXC-2018-02 Applicant:Janice Yeh (Xtina Properties, LLC) Location:10280 Imperial Ave APN: 357-19-054 Fence Exception to allow a driveway gate on a property located in a Planned Development (Light Industrial) Zone Design Review Committee decision final unless appealed. Staff Member Poveda explained that the subject property is located right at the transition between a residential neighborhood and a light industrial area. The City’s Municipal Code allows for a driveway fence exception where it can be demonstrated that there is a need for security or safety. The Sheriff’s department has not reported an increase in theft instances in the past 5 years in the industrial area. However, the applicant has a location in Mountain View that has been burglarized. The most recent theft resulted in losses to the business in excess of $70,000. They had a gate and fence installed and have not 2 Design Review Committee September 6, 2018 been burgled since. They are reluctant to move into this new Cupertino location without a security gate. The applicant is proposing to install a 6’ redwood fence that would connect to the adjacent neighboring fences and a proposed landscape buffer in the front setback area. The fence would be setback 10’ feet from the front property line. The Public Works department wants the existing 6’ tall concrete wall reduced to 3’ within the 10’ front setback area to improve the visibility for the cars entering and leaving the driveway to the adjacent business. There are no street improvements required at this time, but in the future, the Public Works Department will require a 5’ sidewalk and street dedication for improvements. The 10’ fence setback allows for this eventuality. Staff is recommending approval of the project as it meets all the requirements for a fence exception and will provide a visual transition between the residential and light industrial sections on the street that currently does not exist. Chair Takahashi confirmed that the fence maintenance would be the responsibility of the property owner. Commissioner Fung asked about the fence height. It was explained that the fence was designed to match the existing neighboring fences in height and style. The applicant’s architect, Janice Yeh, addressed the Committee. The applicant runs a film production company. They load up the trucks in the evening in order to be able to get to the photo shoot site early the next day. They have concerns about leaving the truck in an unsecure parking lot as the filming equipment is very expensive. Additionally since they purchased the building, they have an interest in updating the “curb appeal” with landscaping for their customers. Chair Takahashi opened the Public Comment period. There were no speakers Chair Takahashi closed the Public Comment period. Commissioner Fung supported the project with no additional discussion. Chair Takahashi also liked the project and felt that the fence and landscaping upgrades would be a good addition to the neighborhood. MOTION: Commissioner Fung moved to approve EXC-2018-02 per the draft resolution APPROVE: Chair Takahashi ABSENT: none ABSTAIN: none VOTE: 2-0-0 OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: /s/Beth Ebben Beth Ebben Deputy Board Clerk Design Review Committee December 6, 2018 Cupertino, CA 95014 (408) 777-3308 ACTION MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON December 6, 2018 ROLL CALL Committee Members present:David Fung, Commissioner Geoff Paulsen, Commissioner Committee Members absent: Alan Takahashi, Chairperson Staff present: Ellen Yau, Associate Planner Benjamin Fu, Assistant Director of Community Development Staff absent: none APPROVAL OF MINUTES: 1. September 6, 2018 Approval of the minutes of the September 6, 2018 Design Review Committee meeting were postponed to the following meeting due to a lack of quorum ORAL COMMUNICATION: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None WRITTEN COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC MEETING: 2.Application No.(s): EXC-2018-04 Applicant:Jennifer Kirby (Target) Location:20745 Stevens Creek Blvd APN: 326-32-055 Sign Exception to allow for two (2) additional wall signs (a logo and an Order Pick-Up), with both signs on one frontage on an existing retail building (Target) Design Review Committee decision final unless appealed. Staff Member Yau explained that the subject property recently gained an approval for façade and parking lot upgrades/modifications to facilitate curbside pickup of items purchased on-line. The new signage was not part of that approval. The applicant is now seeking approval for additional signs for the curbside pickup entrance part of the new façade. These new signs will be on the eastern side of the 2 Design Review Committee December 6, 2018 building facing Bandley Drive. Staff supports the project as it meets the intent of the Sign Ordinance in that the existing building is large on a large lot and the additional signs will help identify the retailer from both street frontages with our being visually “cluttered”. The current Target sign, before the remodel, is approximately 210 square feet. The four signs (two on each frontage) will total approximately 200 square feet. No public comments in opposition to the sign exception have been received. The applicant, Jennifer Kirby, representing Target, addressed the Committee. She reiterated that the new signage and façade modification project are all part of Target’s re-branding and being done to enhance the customer’s experience when shopping. Commissioner Paulsen confirmed the traffic pattern for the curbside pickup. He suggested that a ground sign along Bandley Drive might be a good alternative to a large sign high up on the wall. He didn’t feel that a large sign would perhaps “grow” into the future look of the City, with the trend being for smaller signs, more trees, slower traffic and more walkability. Staff member Yau pointed out that Target’s frontage along Bandley is small. A ground sign along there would have to be placed on someone else’s property. The applicant explained that Target had specifically designed smaller wall signs for this project. Commissioner Paulsen asked about the trees along Bandley Drive and if the tree growth had been taken into consideration. The applicant explained that they had. They felt that the trees will help diminish the visual massing of the signs over time. Commissioner Fung commented that the curbside pickup area has been changed from the approval at the Planning Commission. He felt that customers might have a challenge locating the pickup area given that there are no directional signs. However, he understood the design limitations of the site and in general supports the project. Staff member Fu mentioned that directional signs are permitted on site. Such signs do not need Design Review Committee approval so it is possible that these signs can be added in the parking lot areas during the construction phase. Commissioner Fung opened the Public Comment period. There were no speakers Commissioner Fung closed the Public Comment period. There was no additional discussion. MOTION: Commissioner Paulsen moved to approve EXC-2018-04 per the draft resolution APPROVE: Commissioner Fung ABSENT: Chair Takahashi ABSTAIN: none VOTE: 2-0-1 (Takahashi absent) OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: /s/Beth Ebben Beth Ebben Deputy Board Clerk DESIGN REVIEW COMMITTEE STAFF REPORT Meeting: July 18, 2019 Subject Residential Design Review for a new 4,170 s.f. two story house with a rear-facing balcony in a R1-a district. (Application No.: R-2019-03; Applicant: Alfred Devaraj and Usha Kanagaraj; Location: 10713 Larry Way.; APN: 316-02-007) Recommended Action That the Design Review Committee approve the proposed draft resolution (Attachment 1) to: 1. Find the project exempt from CEQA; and 2. Approve the Residential Design Review permit (R-2019-03). Discussion Project Data: General Plan Designation:Low Residential 1-5 Zoning Designation:R1-a Single Family Residential District with Semi- Rural Characteristics Property Area:9,429 s.f. Allowed Proposed Floor Area Ratio: 4, 243 s.f. (45%)4,170 s.f. (44.2%) Lot Coverage:4,715 s.f. (45% + 5% for roof overhangs)3,217 s.f. (34.1%) Building Height:28’-0”27’-0” 2nd to 1st Floor Ratio:40%38.4% 1st Floor Setbacks: Front 30’-0”30’-0” Side 10’-0” both sides 10’-0” both sides Rear 20’-0”40’-0” 2nd Floor Setbacks: Front 30’-0”30’-0” R-2019-03 10713 Larry Way July 18, 2019 Page 2 Side 35’-0”combined; no side less than 15’-0” 35’-0”combined; no side less than 15’-0” Rear 40’-0”40’-0” Project Consistency with: General Plan:Yes Zoning:Yes Environmental Assessment:Categorically Exempt Background: In 2003, the City Council enacted an ordinance that rezoned the Linwood Acres neighborhood from A1-43 Agricultural-Residential Zone and R1-7.5 Single Family Residential Zone to the R1-a Single Family Residential Zone. The rezoning affected 68 parcels on Randy Lane and Larry Way bounded by Lucille Avenue to the north and Merritt Drive to the south shown on the map by a green dashed line.The R1-a district is intended to reinforce the semi-rural setting in neighborhoods with large lots. The subject site currently has an existing second-story home with a 550 sq. ft. second story; is located across the street from another two-story home; and shares its rear property line with the Apple Campus located at 1 Infinite Loop. There currently exist seven two-story homes in the Linwood Acres neighborhood. Analysis: The project is consistent with the Cupertino General Plan as the development maintains the single family use and is designed to conform with the Single-Family Residence zoning regulations for R1-a districts. LARRY WAYI-280 N DE ANZA BLVDRANDY WAYMERRITT DRIVE LUCILLE AVENUE Figure 1 – Property Location R-2019-03 10713 Larry Way July 18, 2019 Page 3 Floor Area The proposed residence’s floor area ratio is 4,170 square feet and within the 45% allowance for a 9,429 s.f. lot (please refer to the data chart above). In addition to the overall home size, the R1-a district allows a second story to be up to 40% of the first floor, not to exceed 1,100 square feet, and at least 750 square feet. The proposed second floor consists of a master bedroom and two bedrooms with attached bathrooms and closets for each room that totals 1,069 square feet in area. Balcony Second story balconies are permitted on R1-a lots but must conform to the second story building setbacks and limited to the front and rear yards only. A rear balcony is required to be setback 40’-0” from the rear property line and setback a combined 35’-0” with no side less than 15’-0” to the side property line. The proposed second story balcony is located at the rear of the home – 40’-0” away from the rear property line, 25’-9” from the southern property line and 32’-0” from the northern property line; therefore, meets the required rear yard and exceeds the combined side yard setbacks. Architectural Design The new residence is designed in a Mediterranean Style and includes the following features: 1. Stucco walls 2. Tiled hip roof with wide overhangs with decorative brackets 3. Deep set windows and garage doors 4. Arched heads above garage and entries 5. Decorative metal carriage lights and railings 6. Decorative columns and details with caps The proposal was reviewed by the City’s consulting architect and his comments were incorporated into subsequent revised plans. Furthermore, a condition of approval has been added to the draft resolution specifying the distinguishing features required as part of this approval. Privacy Impacts Proposed second story windows and balconies with views into neighboring residential side or rear yards are required to mitigate potential privacy impacts. During the review process the property owner obtained a privacy waiver from their northern neighbor at 10727 Larry Way and the western neighbor is a non-residential property thus privacy plantings is not required and not proposed along those property lines. As shown on the R-2019-03 10713 Larry Way July 18, 2019 Page 4 plans (Attachment 2), the property owner proposes to install screening trees along the southern property line to comply with the landscape screening requirement. Tree Protection At this time, the property owner has stated that they intend on protecting the existing oak tree located along the northern property line in the rear yard. A condition of approval is included in the draft resolution specifying that the tree is to remain and a request for removal would need to be reviewed and approval beforehand. Environmental Review This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 Existing Facilities (Class 1) consisting of new copy on existing on and off-premise signs. Public Noticing and Community Outreach The following table is a brief summary of the noticing for this project: Notice of Public Hearing Agenda Site Signage (at least 10 days prior to the hearing) Seven (7)public hearing notices mailed to adjacent property owners (at least 10 days prior to the hearing) Posted on the City’s official notice bulletin board (one week prior to the hearing) Posted on the City of Cupertino’s website (one week prior to the hearing) Staff received an e-mail comment from a neighbor requesting information about mitigating privacy impacts of the rear-facing balcony. Staff responded with a clarification on the privacy planting requirements and received no further follow-up. Permit Streamlining Act This project is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received:February 8, 2019; Deemed Incomplete:March 7, 2019 Project Received:April 12, 2019; Deemed Incomplete:May 7, 2019 Project Received:May 30, 2019; Deemed Incomplete:June 4, 2019 Project Received:June 11, 2019; Deemed Complete:June 13, 2019 Since this project is Categorically Exempt, the City has 60 days (until August 30, 2019) to make a decision on the project. R-2019-03 10713 Larry Way July 18, 2019 Page 5 Conclusion Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapter 19.28.140 of the Cupertino Municipal Code, may be made. Next Steps Should the project be approved, the Design Review Committee’s decision on this proposal is final unless an appeal is filed within 14 calendar days of the date of the mailing of the decision, on August 4, 2019. The applicant may apply for building and other permits at the end of the appeal period to complete installation of the proposed signs. This approval expires on July 18, 2020, at which time the applicant may apply for a one- year extension. Prepared by: Ellen Yau, Associate Planner Reviewed and Approved by: Benjamin Fu, Director of Community Development ATTACHMENTS: 1 – Draft Resolution for R-2019-03 2 – Plan Set R-2019-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING A NEW 4,170 S.F. TWO-STORY HOUSE WITH A REAR-FACING BALCONY IN THE R1-a ZONING DISTRICT LOCATED AT 10713 LARRY WAY. SECTION I: PROJECT DESCRIPTION Application No.:R-2019-03 Applicant:Alfred Devaraj and Usha Kanagaraj Location:10713 Larry Way (APN: 316-02-007) SECTION II: FINDINGS: WHEREAS, the Design Review Committee of the City of Cupertino received an application for a Residential Design Review 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 meeting in regard to the application; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA); 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 project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title.. Draft Resolution R-2019-03 July 18, 2019 Page - 2 - The project is consistent with the Cupertino General Plan as the development maintains the single family use and is designed to conform with the Single-Family Residence zoning regulations for R1-a districts. There are no applicable specific plans that affect the project. 2. That the granting of this permit will not result in a condition which is materially detrimental to the public health, safety, or welfare. The single-family home is an existing two-story home and is proposed to increase in size and height as permitted by the single-family residential development regulations. Therefore, the granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the project is designed to conform with the Single-Family Residence zoning regulations for R1-a districts. 3. The project is harmonious in scale and design with the general neighborhood. The neighborhood intent to maintain a semi-rural aesthetic is met through the wide lots with deep front yard setbacks, and larger side yard setbacks. The home is designed using the Mediterranean style which appears in several single-story homes and maintains the general scale of two-story homes that exist in the neighborhood. 4. The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines. The home is identified as Mediterranean style and provides features and details consistent with that style, such as roof tiling and exterior stucco, and muted earth tone colors. The home is consistent with the Two-Story and Residential Design Guidelines by maintaining the current pattern of side setbacks and garage orientation in the neighborhood, including wall offsets to provide relief for the second story portion, utilizing a hipped roof to create articulation between the two floors, and proposing that second-story windows along the side walls have sill heights of at least five feet. 5. Adverse visual impacts on adjoining properties have been reasonably mitigated. In meeting with the R1-a design guidelines, windows along the side elevations are fixed and have sill heights of five feet which mitigate intrusion into adjacent property owner’s properties. In addition, where there may be impacts from those high windows and the rear facing balcony, the property owner is required to and proposes to install privacy trees along the southern property line. The property owner provided a waiver from their northern neighbor that waived the need for plantings along the northern property line. Draft Resolution R-2019-03 July 18, 2019 Page - 3 - 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 3 thereof, The application for a Residential Design Review, Application no. R-2019-03, is hereby approved and that the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Meeting record concerning Application no. R-2019-03as set forth in the Minutes of Design Review CommitteeMeeting of July 18, 2019, 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 dated December 12, 2018 entitled, “Devaraj Residence Proposed New Single Family Home,” drawn by Professional Engineers Inc., consisting of 21 sheets labeled A0, A1, A2, A3, A4, A5, A6, A7, A7.1, A8, A9, A10, A11, A12, A13, 1, 2, L0, L1.0, L2.0, and L3.0; except as may be amended by conditions in this resolution. 2. ACCURACY OF PROJECT 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. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. SECOND STORY AREA The maximum second story area shall be 1,100 sq. ft. 5. PROTECTED TREES The existing oak tree in the rear yard shall be protected during construction. A tree removal permit is required prior to its removal. Draft Resolution R-2019-03 July 18, 2019 Page - 4 - 6. ARCHITECTURAL REVIEW COMPLIANCE The project shall remain in substantial conformance with the recommendations outlined in Cannon Design Group’s architectural review letter dated March 15, 2019. The following features shall be shown on the construction plans prior to issuance of building permits and verified prior to final occupancy: a. Deeply recess the garage doors b. Deep set all windows from the outside wall face a minimum of 3 inches c. Use true or simulated divided lite panes in all windows d. Increase roof overhangs to 18 inches minimum e. Maintain rafter tails throughout the exterior 7. COMPLIANCE WITH PUBLIC WORKS CONFIRMATION FORM The project shall comply with the requirements indicated on the Public Works Confirmation form dated April 25, 2019, including, but not limited to, dedications, easements, off-site improvements, undergrounding of utilities, all necessary agreements, and utility installations/relocations as deemed necessary by the Director of Public Works and required for public health and safety. The Public Works Confirmation is a preliminary review, and is not an exhaustive review of the subject development. Additional requirements may be established and implemented during the construction permitting process. The project construction plans shall address these requirements with the construction permit submittal, and all required improvements shall be completed to the satisfaction of the Director of Public Works prior to final occupancy. 8. PRIVACY PLANTING The final privacy planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, and planting distance shall be consistent with the City’s requirements. 9. 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. Draft Resolution R-2019-03 July 18, 2019 Page - 5 - 10. FRONT YARD TREE The applicant shall indicate on site and landscape plans the location of a front yard tree to be located within the front yard setback area in order to screen the massing of the second story. The front yard tree shall be a minimum 24-inch box and 6 feet planted height and otherwise be consistent with the City’s requirements. 11. FRONT YARD TREE COVENANT The property owner shall record a covenant on this property with the Santa Clara County Recorder’s Office that requires the retention and maintenance of the required front yard tree. 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. 12. LANDSCAPE PROJECT SUBMITTAL Prior to issuance of building permits, the applicant shall submit a full Landscape Documentation Package, per sections 14.15.050 A, B, C, and D of the Landscape Ordinance, for projects with landscape area 2,500 square feet or more. The Landscape Documentation Package shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits, and additional requirements per sections 14.15.050 E, F, G, H, and I will be required to be reviewed and approved prior to final inspections. 13. 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. 14. EXTERIOR BUILDING MATERIALS/TREATMENTS The final building exterior plan shall closely resemble the details shown on the original approved plans. Final building exterior treatment plan (including but not limited to details on exterior color, materials, architectural treatments, doors, windows, lighting fixtures, and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits to ensure quality and consistency. Any exterior changes determined to be substantial by the Director of Community Development shall either require a modification to this permit or a new permit based on the extent of the change. Draft Resolution R-2019-03 July 18, 2019 Page - 6 - 15. 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. 16. GRADING AND CONSTRUCTION HOURS AND NOISE LIMITS a. All grading activities shall be limited to the dry season (April 15 to October 1), unless permitted otherwise by the Director of Public works. b. Construction hours and noise limits shall be compliant with all requirements of Chapter 10.48 of the Cupertino Municipal Code. c. Grading, street construction, underground utility and demolition hours for work done more than 750 feet away from residential areas 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. Grading, street construction, demolition or underground utility work within 750 feet of residential areas shall not occur on Saturdays, Sundays, holidays, and during the nighttime period as defined in Section 10.48.053(b) of the Municipal Code. d. 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 as defined in Chapter 10.48 of the Municipal Code. Night time construction is allowed if compliant with nighttime standards of Section 10.48 of the Cupertino Municipal Code. e. Rules and regulations pertaining to all construction activities and limitations identified in this permit, along with the name and telephone number of an Draft Resolution R-2019-03 July 18, 2019 Page - 7 - applicant appointed disturbance coordinator, shall be posted in a prominent location at the entrance to the job site. f. The applicant shall be responsible for educating all contractors and subcontractors of said construction restrictions. g. The applicant shall comply with the above grading and construction hours and noise limit requirements unless otherwise indicated. 17. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution 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 applicant shall pay such attorneys’ fees and costs within 30 days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 18. 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. Draft Resolution R-2019-03 July 18, 2019 Page - 8 - PASSED AND ADOPTED this 18th day of July 2019, Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Ellen Yau Vikram Saxena, Associate Planner Chair, Design Review Committee drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMDEVARAJ RESIDENCE PROPOSED NEW SINGLE FAMILY HOME 10713 LARRY WAY CUPERTINO, CA 95014 PARCEL MAP PROJECT CONTACTS PROJECT DATA DRAWINGS INDEXAREA CALCULATIONS APPLICABLE CODESDEFERRED SUBMITTAL/SEPARATE PERMITS SCOPE OF WORK FIRE PROTECTION REQUIREMENTS A0 planning 12/12/2018 1 1 1 2 2 2 2 EM G WW X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA1 planning 12/12/2018 30'-0" 10'-0" 19'-6" 40'-0" 35'-0" 40'-7" 10'-0" 38'-3" SCALE: 1/8"= 1'-0" PROPOSED SITE PLAN LARRY WAY 30'-0" 10'-0" 19'-6" 10'-0" 19'-6"19'-6" 40'-8" 46'-6" 25'-9"32'-0" 1 2 2 15'-6" 2 18'-0" 2 18'-0" 44'-0" 54'-4" 2 3 EM GXX X X WW X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXdrawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA2 planning 12/12/2018 19'-0" 8'-6" 9'-9" 8'-5" 7'-9" SCALE: 1/8"= 1'-0" EXISTING SITE PLAN LARRY WAY 30'-0" 46'-2" 47'-0" 78'-1" 15'-7" 2 2 43'-0" 19'-1" 8'-6" 30'-0" WH FAU drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMSCALE: 1/4"= 1'-0" EXISTING 1ST FLOOR /DEMOLITION PLAN A3 planning 12/12/2018 17'-0" 10'-4" 10'-11" 2'-3" 11'-8" 13'-6" 27'-9" 19'-6" 8'-0" 22'-4" 23'-10" 23'-8" LEGEND DESCRIPTION WALL SCHEDULE drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA4 planning 12/12/2018 SCALE: 1/4"= 1'-0" EXISTING 2ND FLOOR/DEMOLITION PLAN 27'-9" 19'-10" LEGEND DESCRIPTION WALL SCHEDULE drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA5 SCALE: 1/4"= 1'-0" PROPOSED 1ST FLOOR PLAN 15'-2" 8'-0" 15'-4" 15'-5" 21'-8" 22'-1" 29'-10" 21'-8"15'-5" 5'-0"5'-9" 4'-0" 18'-7" (N) PORCH (N) 2-CAR GARAGE (N) DINING ROOM (N) GREAT ROOM (N) KITCHEN (N) GUEST BEDROOM (N) OFFICE (N) CLOSET (N) BATHROOM (N) COVERED PATIO (N) LIVING ROOM 17'-4" 5'-0" OPEN ABOVE 20'-6" 9'-4" 17'-8" 6'-0" 6'-0" WALK-IN PANTRY (N) BATHROOM (N) LAUNDRY ROOM (N) CLOSET (N) CLOSET 11'-1" 13'-1" planning 12/12/2018 LEGEND DESCRIPTION WALL SCHEDULE 21'-8" 22'-1" 52'-11" 3'-3" 1'-6" 36'-0" drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA6 SCALE: 1/4"= 1'-0" PROPOSED 2ND FLOOR PLAN OPEN BELOW (N) BEDROOM (N) COVERED BALCONY (N) MASTER BEDROOM (N) MASTER BATHROOM (N) BATHROOM (N) WALK-IN CLOSET (N) CLOSET (N) BATHROOM 12'-6" 13'-0" 13'-0" 8'-0" 15'-8" 17'-0" 10'-11" 17'-8"12'-6" 15'-10" 6'-3" 18'-11" 6'-8" 6'-0" 3'-0" 13'-0" planning 12/12/2018 LEGEND DESCRIPTION WALL SCHEDULE (N) BEDROOM 11'-4" 5'-0" 5'-0" 4'-0" (N) CLOSET 4'-0"8'-0" 2 5'-7" 3 drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA7.1 planning 12/12/2018 17'-0"22'-4" 52'-11" 16'-1" 17'-4" 46'-2" 6'-0" 39'-8" 4'-3" 17'-0"6'-7"12'-10" 38'-0" 24'-8" 9'-0" 22'-0" SECTION DIMENSION AREA SCALE: 1/8"= 1'-0" FLOOR AREA CALCULATION DIAGRAM SCALE: 1/8"= 1'-0" 2ND FLOOR SCALE: 1/8"= 1'-0" 1ST FLOOR 5'-0" 19'-4" 1 1 18'-11" 17'-8" 4'-0" 11'-4" 2 2 2 23 58'-5" 15'-3" 6'-9" 43'-2" 3 drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA7 SCALE: 1/4"= 1'-0" PROPOSED ROOF PLAN planning 12/12/2018 2 drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA8 SCALE: 1/4"= 1'-0" PROPOSED FRONT ELEVATION SCALE: 1/4"= 1'-0" PROPOSED REAR ELEVATION 27'-0" planning 12/12/2018 12'-0"10'-0" 9'-0" 13'-4" 3'-0" 1'-0" 2'-0" 1 12'-0" 25° 25° 10'-0" 10'-0" 3 3 10'-0" 3 12'-0"10'-0"12'-0" 3 25° 25° drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA9 SCALE: 1/4"= 1'-0" PROPOSED RIGHT SIDE ELEVATION SCALE: 1/4"= 1'-0" PROPOSED LEFT SIDE ELEVATION 27'-0" planning 12/12/2018 13'-4" 5'-0" 5'-0" drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA10 planning 12/12/2018 SCALE: 1/8"= 1'-0" PROPOSED STREETSCAPE ELEVATION drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA11 planning 12/12/2018 (N) 2-CAR GARAGE (N) LIVING ROOM (N) OFFICE (N) BEDROOM SCALE: 3/8"= 1'-0" BUILDING SECTION-1 20'-0" 9'-0" 10'-0" 27'-0" 11'-0" drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA12 planning 12/12/2018 (N) HALF BATHROOM (N) HALLWAY (N) GREAT ROOM (N) KITCHEN/DINING ROOM (N) MASTER BEDROOM (N) MASTER BATHROOM (N) BEDROOM (N) BATHROOM SCALE: 3/8"= 1'-0" BUILDING SECTION-2 10'-0" 9'-0" drawn checked scale job no. issued for date mk mm as noted 2418 sheetREVISIONNo.DATEBYCOPYRIGHT ©2017 PROFESSIONAL ENGINEERS INC. ALL RIGHTS RESERVED.DEVARAJ RESIDENCEproposed new home10713 larry waycupertino, ca 95014PROFESSIONAL ENGINEERS INC.10435 WUNDERLICH DRIVECUPERTINO, CA 95014TEL: 650-644-7674INFO@PROENGS.COMWWW.PROENG.COMA13