R-2003-14b
City Hall,
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPERJINO
OFFICE OF THE CITY CLERK
December 11, 2003
Jerulifer Ediyanto
7827 Creekline Dr.
Cupertino, CA 95014
Re: Appeal of the Design Review Committee's approval of Application No. R-2003-14
Dear Ms. Ediyanto:
We received your appeal withdrawal notification. Enclosed is a reimbursement of the $145.00 appeal
fee. If you have any questions, please feel free to call our office at 777-3223.
Sincerely:
~/~
Grace Johnson
Deputy City Clerk
cc: Planning Dept.
Printed on Recycled Paper
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Application No.
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
APPEAL
2.
Applicant(s):
"PC' i C' ( \-\ OOU'I )
D[I\JIUlfeiR EV IYtfN ,0
'1-8"27- Cf(~E:K:LINE Dr~,Ve
3.
Appellant(s):
name, address,
phone number
cu P~f /1"1./0
}
CI1 .9 50JlI
'P/.foN e; Lj 08 - 2 If Z - 3811-
4. Decision of Director of Community Development
Decision of Planning Commission V
(please check one)
5. Date of determination of Director or mailing of notice of City decision:
N 00 '\ 2- OC> ~
6. Basis of appeal:
~ Q. Vl~; Q a thl e-tIJ/-l\ .
~ 4/1/03
i 1~5. CD
Please complete form, include appeal fee of $ ~ and return to the attention of the
City Clerk
Signature(s)
appeals/appek forml.doc
Grace Johnson
From:
Sent:
To:
Cc:
Subject:
Peter Gilli
Monday, November 17, 2003 2:43 PM
Michael Chang
Sandra James; Dolly Sandoval; CIty Clerk; Steve Piasecki
RE: Appeal to Cupertino City CouncU
Mayor Chang,
I was copi2d on the appeal letter that was sent to you and Councilmembers James and
Sandoval. I am forwarding a copy to the Clerk's office. The appellant has been notified
that the $150 appeal fee is needed.
I have been talking with the two parties to try and reach an agreement. If successful,
the appeal would be withdrawn.
Sincerely,
Peter Gilli, AICP
Senior Planner
-----Original Message-----
From: Jennifer Ediyanto [mailto:jenbudd@sbcglobal.net]
Sent: Monday, November 17, 2003 1:47 PM
To: Michael Chang; Sandra James; Dolly Sandoval
Cc: davidbudd@sbcglobal.net; Peter Gill1
Subject: Appeal to Cupertino City Council
Dear Mr. Michael Chang, Ms. Sandra James, Ms. Dolly
Sandoval:
We are writing to express our d~spleasure about and
desire to appeal a recent decision by the design
review committee of the planning corrunission. This is
in regards to the application by Mr Peter Hoang for a
home constructed at 7822 Festival Drive, heard at
October 1, 2003 and delayed until the second hearing
on November 5, 2003.
If you are not the right contact person for this
appeal, then please forward it to the right council
member.
Peter Hoang's application number is R-2003-14, which
is an exception to Section 19.28.060 E (5) (b) of the
Rl Ordinance to allow a second-story without required
wall offsets.
The principle involved regarded a violation of city
design requirements for second story setbaCKS. In
this case, the home, constructed immediately to our
home's North side, failed to meet the two foot setback
as outlined in the planning guidelines. The design
blueprints initially submitted by Mr Hoang (approved
in January 2002) were accurate and met code rules.
However, the actual construction of the home violated
this rule, and remediation of some sort was required.
These rules were created for two reasons - first to
provide some control in a residential area of the
aesthetics of construction as well as to provide a
measure of privacy for affected neighbors. At the
1
time of Lhe original application, Mr Hoang was
required to plant a row of fast-growing hedges
provide screening for his irruuediate neighbors.
hedges have grown (according to Mr Hoang)
approximately two feet in the past year.
to
Those
Mr Hoang had applied for an exception to code
requirements; at the initial hearing, several
alternatives were suggested, by Mr Hoang, by no fewer
than five neighbors affected by this construction, and
by MT Wong and Mr Sadhati of the committee. These
included demolition of the second story,
reconstruction so as to meet code requirements,
additional tree plantings to shield the stark wall
face and provide some measure of privacy, trellis
additions, and louvered window coverings.
In order to provide Mr Hoang a chance to examine these
alternatives, the committee agreed to re-convene after
sufficient time to re-examine the issue. In the
intervening weeks, Mr Hoang approached both of us to
discuss alternatives that each could find acceptable.
During our discussions with Mr Hoang, both parties
agreed that the best solution would be to add three 36
inch box trees to his yard to provide additional
privacy and aesthetic screening (in addition to the
existing hedge planting). We had a >>hand shake>>
agreement with Mr Hoang that if this happened, no
further remediation would be argued for from our side.
At the hearing, however, and much to our chagrin, we
discovered that, despite Mr Hoang's expressed
wilLingness to do just that, Commissioner Gilbert Wong
argued that the existing hedges could be removed.
This idea is contrary to what Mr Hoang and we
discussed, and in fact, was opposed to the opinions of
his colleague, Mr Sadhati. The idea of removal seems
to come directly from whole cloth, and at the disposal
of Mr Wong.
We oppose this unilateral blind-side; the hedges are
fast growing, and will provide the most expedient
cover of our already damaged privacy; this damage has
already caused great personal distress to us. We feel
that this home should never have been built to begin
with - Mr Hoang and his architects created a building
that violates in every way the spirit of the design
review and planning commission guide lines, while
remaining within the letter of them. None of the
commissioners, in fact, appears to have even seen the
building site until this exception arose.
Since the home is already built, and little can be
done about its existence, the least that this
committee can do is to do no harm - that is, to
respect the agreement between interested parties.
To that end, we pray that this committee will
reconsider the decision, and in fact require the tree
p1antings in addition to, not in lieu of, the existing
plantings.
Here is our proposal:
1. Install a wood trellis on the southerly elevation.
2. Install three 36" box Arbutus [vJarina trees in
addition to the existing shrub planting.
2
The above proposal is in line with the Cupertino
Staff's recommendation which was presented on the
first hearing on October 1, 2003.
Regards,
Jennifer Ediyanto and David Budd
Residents of 7827 Creekline Drive Cupertino
Other neighbor signatures on file:
1. Radha Nagarajan
Resident of 7800 Creekline Drive
2. Ayano Nagarajan
Resident of 7800 Creekline Drive
3. Mi 11 Y Wang
Resident of 7831 Creekline Drive
4. Stanley Chang
Resident of 7835 Creekline Drive
5. Jernane Ing
Resident of 7804 Creekline Drive
6. Corky Chew
Resident of 7828 Creekline Drive
7. Nancy Gilbert
Resident of 7828 Creekline Drive
3
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
CITY OF , FAX: (408) 777-3333
CUP E RJ I NO ,-----,-.---.----------,.---,----------.------,---.-..-----,--.----
COMMUNITY DEVELOPMENT
November 10, 2003
Mr. Peter Hoang
7822 Festival Drive
Cupertino, CA 95014
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application R-2003-14
This letter confirms the decision of the Design Review Committee, given at the meeting
of November 5, 2003, approving an exception to section 19.28.060 to allow a new two-
story residence without the required second story wall offsets, located at 7822 Festival
Drive, according to Resolution No. 125
Please be aware that if this permit is not used within one year, it shall expire on
November 5, 2004.
Also note that an appeal of this decision can be made within 14 calendar days of the
decision. If this occurs, you will be notified of a public hearing, which will be
scheduled before the City Council.
Sincerely,
Peter Cilli
Senior Planner
Enclosures:
Resolution No. 125
G :planningID R C Committee/action letter R - 2003-14
on
R-2003-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 125
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING AN
EXCEPTION TO SECTION 19.28.060 TO ALLOW A NEW TWO-STORY RESIDENCE
WITHOUT THE REQUIRED SECOND-STORY WALL OFFSETS.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2003-14
Peter Hoang
7822 Festival Drive
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Design Review Committee has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The applicant proposes mitigation measures including trellis features and additional tree
planting to soften and screen the mass of the second story, which is consistent with the
spirit and intent of the regulation that the exception is granted for.
2. The granting of the exception will not result in a condition that is materially detrimental
to the public health, safety and welfare due to the additional visual mitigation.
3. The exception to be granted requires the least modification of the prescribed design
regulation and the minimum variance that will accomplish the purpose.
4. The proposed exception will not result in significant visual impacts as viewed from
abutting properties due to the additional visual mitigation.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the exception to Section 19.28.060 is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; 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-2003-14 set
forth in the Minutes of the Design Review Committee meeting of, November 5, 2003, and are
incorporated by reference as though fully set forth herein.
Resolution No. 125
Page 2
R-2003-14
November 5,2003
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is for one exception to Section 19.28.060 of the Cupertino Municipal Code to
allow second story wall planes without the required wall offset based on the plan set
entitled "Mr. & Mrs. Hoang's Residence" by Professional Design dated September 5,2003,
as amended by this resolution.
2. ADDITIONAL VISUAL MITIGATION
The applicant shall plant and retain three additional 36" box evergreen trees to mitigate
the visual and privacy impacts from the residence to the satisfaction of Planning staff.
These trees shall be recorded on a covenant. The metal-work element on the front
elevation shall be installed in the alcove on the southerly elevation.
3. NOTICE OF FEES, DEDICATIONS, RESERV A TIONS 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.
PASSED AND ADOPTED this 5th day of November 2003, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Commissioner Wong and Chairperson Saadati
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
I sl Ciddy Wordell
Ciddy Wordell
City Planner
G: \ Planning \ DRC\ res \ R-2003-14 res3.doc
I sl Taghi Saadati
Taghi Saadati, Chairperson
Design Review Committee
MR. & MRS. HOANG'S
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