DIR-1998-07b
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
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To: Mayor and City Councilmembers
Chairman and Planning Commissioners
From: Robert Cowan, Director of Community Development ~<:::....-
Date: September 15, 1998
Subj: Report of Director's Decision Regarding a Minor Modification
Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor
changes in a project. The Director reports his decision to the City Council and Planning
Commission in time to allow any Councilmember or Planning Commissioner to appeal the
decision within fourteen calendar days.
Application
Carl E. Gallivan, property owner. 10042 Byrne Avenue, Cupertino, CA 95014.
Description
Director's modification to add second-story windows in a planned residential zoning district.
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Backl!round
The applicant added two second-story windows to a bedroom in this planned development
zoning district which is P (Rl). A building permit was issued for the windows; however,
discretionary approval is needed to add windows in this zoning district because it is an exterior
change which requires approval for modification. One of the conditions of approval for this
zoning district states, "the applicant shall accommodate the appropriate measures to ensure that
the individual privat~ yards afford some degree of protection from visual intrusion of adjoining
on-site and off-site units."
The Planning Department was contacted by an adjacent neighbor because of concerns about
privacy intrusion of these windows. Staffhas worked with the applicant to mitigate privacy
concerns by determining that:
1. The side window does not create any privacy issues for adjacent
neighbors.
2. The rear second-story window does have privacy impacts which would be
sufficiently mitigated by the placement of a casement over the window. The window
will be enclosed by stationary louvers that prevent looking down into neighbors' back
yards.
The applicant has presented plans for this casement which are enclosed in the packet. Staff finds
that the proposal meets the original conditions of approval.
Action
Director of Community Development approves the proposed window casement.
Enclosures:
Applicant's window casement proposal packet
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What 10042 Byrne looks like from street
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This is not the correct plan from the Cupertino records, but is close (similar) to what
the side of 10042 Byrne is like.
2 windows
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Both windows view
Window to have "Arbor""
Both windows view
ONLY