.03 R-2006-62 Ray Chen
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California '95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: R-2006-62
Applicant: Ray Chen
Property Location: 7453 Stanford Place
Agenda Date: March 27,2007
APPLICATION SUMMARY:
Community Development Director's referral of a Residential Design Review for a new,
two-story 2,693 square foot residence.
RECOMMENDATION
The Planning Commission has the following options:
1. Approve the project as proposed;
2. Approved the project with staff recommended changes or modify the changes;
3. Deny the project.
BACKGROUND
The applicant (Ray Chen) is proposing to construct a 2,693 square foot, two-story
residence on a 5,994 square foot lot located along the north side of Stanford Place. The
immediate neighborhood is predominately ranch style single story homes (see pictures
below).
Sample pictures of existing single-story ranch style homes on the same Stanford Place
R-2006-62
Page 3
March 27, 2007
~
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Colored perspective of the proposed home
Generally, two-story permits are approved by the Community Development Director.
However, this project is being forwarded to the Planning Commission for final
consideration due to the number of expressed concerns raised by the neighborhood
regarding the design compatibility of the proposed home.
DISCUSSION
Neighborhood Concerns
Staff has received email of concerns from approximately 9 neighbors. In addition a
petition was submitted by 21 neighbors expressing concerns about the project. The
neighborhood concerns are summarized as follows:
. The project is not reasonably compatible with the neighborhood in terms of its
style, size, and proportion.
. The project is out of character with the immediate neighborhood.
. The project is too big and garish when compared with the homes on the block.
. The proposed second story windows are intrusive to the neighbors to the rear
and sides.
. The proposed second story detracts from the rest of the neighborhood.
. The applicant/ owner does not have vested interest in the neighborhood and will
be selling the home.
Staff
Neighborhood Conlpatibility
One of the principle purposes of the R1 Ordinance is to ensure a reasonable level of
compatibility in scale of structures within a residential neighborhood. This is ,basically
achieved by having developments adhere to a set of specific development perimeters
(i.e., maximum lot coverage, floor area ratio, building height, second floor to ground
floor ratio, building setback, building envelope) to curtail development intensity to a
R-2006-62
Page 4
March 27, 2007
level generally accepted by the community. Typically the City has allowed new homes
to be maximized within the approved frame work of the Rl Ordinance provided that
the design and the style of the home are consistent and/ or compliment the
neighborhood. New homes are expected to reduce mass and scale to the maximum
extent possible without undermining the property owner's functional needs. The City
has not in the past required new home proposals located in a Rl zoning district to
match the average size or be reduced to a single story home in order to match the
general pattern of the neighboring homes.
As mentioned previously, the proposed home is within the allowable maximum
perimeter of the Rl ordinance in terms of size, height and building setbacks. However,
there are some very simple architectural solutions that could be made to make the
project more in line with the style and character of the neighborhood. These changes
are as follows:
. Change the proposed mission style red slate roof material to flat slate roof in
color combinations that mimic the predominate simple shingle roofs in the
neighborhood. (Applicant has already agreed to this verbally)
. Simplify the bay window on the front elevation (consider a square bay design
and lower the plate height to match the rest of the single story roof line).
. De-emphasize the front entry canopy by dropping it about a foot and change the
gable end to a hip roof design. In addition, consider square shaped entry
columns.
. Consider deleting all of the arch elements and introduce wood beams, brackets
or trellis to embellish the front elevation.
. Consider introducing a brick or stone base along the front elevation.
. Consider introducing wood siding (or hardiplank/ fiber cement sidings to mimic
the look of wood) along the front elevation.
None of these changes will alter the proposed floor plan or incur structural changes. If
the Planning Commission finds merit in these changes, it should incorporate them into
the conditions of approval of the project.
Privacy Protection
The project will be required to adhere to the required privacy protection plan outlined
in the Rl Ordinance. A privacy protection planting plan will be provided at the public
hearing for review. There are no second story bedroom windows facing either of the
side yards. There is a second story bay window facing the rear and a fixed stair
window on the left side of the house. Staff is recommending that the rear facing bay
window be revised to a normal flat window and the fixed stair case window be raised
(minimum 5 feet sill height) to function as a light window. In addition, all of the second
story bedroom windows shall be frosted or obscured.
2; /tj
R-2006-62
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
RESIDENTIAL DESIGN REVIEW FOR A NEW, TWO-STORY 2,693 SQUARE FOOT
RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2006-62
Ray Chen
7453 Stanford Place
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission 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 project is consistent with the Cupertino General Plan, and applicable specific.
plans, zoning ordinance and the purposes of this title;
2. The granting of the special permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare;
3. The proposed home is harmonious in scale and design with the general neighborhood;
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application 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-2006-62 set
forth in the Minutes of the Planning Commission meeting of, March 27, 2007, and are
incorporated by reference as though fully set forth herein.
3~~
Resolution No.
Page 2
R-2006-62
March 27, 2007
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
The proposed two-story house is approved, based on the conceptual plans entitled
"Residential New Home for Mr. a!ld Mrs. Lin, 7453 Stanford Place, Cupertino, CA 95014"
last updated on December 18, 2006, as amended by this resolution.
2. PRIVACY PROTECTION
The project is required to submit a final privacy protection planting plan consistent with
the R1 privacy protection ordinance. The row of required screening trees or shrubs along
the rear property line shall be planted at least 6 feet away from the property line in order
to stay clear of the over-head PG&E wire clearance easement. The required privacy
screening trees or shrubs shall be recorded on the property as a covenant to be preserved
and maintained. Said covenant shall be recorded prior to issuance of final building
occupancy. The bay window on the rear elevation shall be revised to a normal flat
window. In addition, all the bathroom windows shall be obscured or frosted and the 2nd
story staircase window shall be raised (minimum 5 feet sill height) to function as light
window only. Revised window plans shall be submitted to the Planning Departmentfor
review and approval prior to issuance of any building permits.
3. ARCHITECTURAL CHANGES
The plans shall be revised to reflect the recommended changes outlined in the staff report
dated March 27, 2007. Final plans shall be submitted to the Planning Department for
review and approval prior to issuance of any building permits.
4. APPROVAL EXPIRATION
Unless a building permit is filed and accepted by the City (fees paid and control number
issued) within one year of the Two Story Permit approval (by March 27, 2008), said
approval shall become null and void unless a longer time period was specifically,
prescribed by the conditions of approval. In the event that the building permit expires for
any reason, the Two-Story Permit shall become null and void. The Director of
Community Development may grant an one-year extension, without a public notice, if an
application for a Minor Modification to the Two-Story Permit is filed before the expiration
date and substantive justification for the extension is provided.
5. 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.
3-1
r d.~t; 1 Ul L.
Gary Chao
From: Dan Borrego [dan@borrego.net]
Sent: Thursday, January 18,20074:37 PM
To: Gary Chao
Subject: house at 7453 Stanford Pl...
Hi Gary,
Thank you for taking the time to talk with me today regarding the house on Stanford place. I just wanted
to send you a quick email to voice my concerns about the project since we share a fence, and the second
story will be looking directly into my backyard, bedroom, and living room. As I mentioned, my house
and the others around me are under a use restriction in our CC&Rs that say we cannot build a second
story. The concerns I have regarding this are that a house with a second story immediately adjacent to
my property will affect the desirability and/or the value of my property should I choose to sell at some
future time.
The owners ofthe property at 7453 Stanford Place do not live there, and only have the intention of
"flipping" the house. Since they are not residents, they have no vested interest in the neighborhood nor
the impact of their actions on the residents here. I don't feel a second story fits into this neighborhood of
single story houses and would like to go on record as being opposed to such a project.
However, If the project is to go forth, I would like to talk with you and the owner of the property about
at least keeping the impact to a minimum. The main issues are the size and placement of windows which
will take privacy away from me and the other neighbors, as well as the installation of privacy screening
materials such as non-deciduous trees and shrubs as mentioned in the Rl zoning requirements. Since
PG&E has an easement in the rear ofthe yard and has demonstrated their tree trimming inability, the
trees planted should be far enough away from the power lines so that PG&E crews will not "top" them
and destroy the privacy that they will provide.
As for the appearance of the house, I feel that it is being reasonable to request that materials, paint color,
finish, and trim that are chosen for the home, should fit with the other houses in the area, so as not to be
more pronounced and draw attention to the only two story structure in the neighborhood.
Gary this is only a fast recap of our conversation today. I'm sure things will change by the time these
plans have gone much further along in the approval process. If I can think of other concerns or solutions
to the issues that I have raised, I will let you know as soon as possible.
Thank you for your time.
Sincerely,
Dan Borrego
2/21/2007
'3,-t}
tXeCULlve 1 eal ~laLloIlery
rage 1 or 1
Gary Chao
From: Larry L. Line [Iine@jps.net]
Sent: Friday, January 19,2007 11 :03 AM
To: Gary Chao
Subject: 7543 Stanford Place Construction Plans
Importance: High
Dear Mr. Chao:
I live directly across the street from the proposed construction at 7453 Stanford Place in Cupertino. I
noticed the sign posted in front of the house that lists your name as the contact for the city but does
not mention a hearing date or a date by which comments must be made. I hope this omission is not
intentional.
I wish to express my concern about the design plans. Because of the physical layout of the current
structure on the property, the proposed building seems to be much to large for the size of the lot.
Moreover, it will be excessively close to the street, magnifying the apparent monster size. There seems
to be no attempt whatsoever to conform to the general structure of housing on this street. Normally,
I welcome modifications to the houses on this street that improve both the comfort of the homeowner
but also improve the esthetics. This particular structure does neither. I do not want to see, this
property developed in the manner envisioned in the artists rendering.
Please advise me when there will be a hearing regarding this property. Please also advise why there
is no deadline on the property notice.
Larry Line
Larry L. Line
7452 Stanford Place
Cupertino, CA 95014 USA
CA Tel: +1.408.446.3513
FAX: +1.n5.261.8054
Email: line@jps.net
2/2112007
3.-/1
PETITION
February 19, 2007
To: The City of Cupertino Planning Division
Re: 7453 Stanford Place (file number R-2006-62)
We the owner-residents residing on Stanford Place and Tiptoe Lane, Cupertino wish to
formally express our feelings concerning the proposed re-construction of the house
located at 7453 Stanford Place, Cupertino
We feel that the architectural design of the house is not in keeping with the design of the
other houses in the neighborhood. It directly violates the Rl ordinance,
19.28.060 Development Regulations (Building).
C. Design Guidelines.
1. Any new two-story house, or second-story addition to an existing house, shall be
generally consistent with the adopted single-family residential guidelines. The Director
of Community Development shall review the project and shall determine that the
following items are met prior to design approval:
a. The mass and bulk of the design should be reasonably compatible with the
predominant neighborhood pattern. New construction shall not be
disproportionately larger than, or out of scale with, the neighborhood pattern in terms
of building forms, roof pitches, eave heights, ridge heights, and entry feature
heights;
b. The design should use vaulted ceilings rather than high exterior walls...
There are currently no multi-story homes on this street. Although many of the
homeowners have remodeled their houses, all of the houses have retained their original
design, which maintains the continuity of the established "Ranch style" architectural look
and feel. This proposed, Mediterranean style, two-story home with a stark stucco
elevation and disproportionately high entryway will be an eyesore, and is certainly not a
"reasonably compatible design." There are many talented architects that can, and have
designed homes in the area that are not only harmonious with the rest of the
neighborhood but also add to it's desirability, and serve to increase property values.
Allowing this house to be built as proposed will set a precedent of random building that will
serve to destroy the beauty and desirability of the neighborhood.
The owners of the property at 7453 Stanford Place do not live here, and since they are not
residents, they have no vested interest in the neighborhood, or the impact of their actions
on the surrounding residents. They are simply investors with dollar signs in their eyes. The
approval of this project as planned will set a precedent fo~ other speculator-investors who
want to construct "monster" houses and change the character of our neighborhoods in
order to make a lot of money at the expense of Cupertino residents who care about the
city, it's neighborhoods, and the quality of life here.
1/5
3.-/3
In addition to the negative impact on Stanford Place, there will be a significant impact to
the privacy of the homeowners on the south side of Tiptoe Lane. Their yards and every
window along the backs of their houses become part of the Stanford resident's view. The
Tiptoe Ln homeowner's are restricted from adding a second story. If houses all along
Stanford Place were to begin adding second story additions their houses would surely
become less desirable, and would suffer from loss of value.
For these, and other reasons, we, the undersigned, are against the present design of this
proposed structure. We ask that the City of Cupertino Planning Division to consider the
concerns of the residents of Stanford Place and Tiptoe Lane, please deny the approval of
this design as it is planned.
2/i
3~/1'
PETITION
February 19, 2007
To: The City of Cupertino Planning Division
Re: 7453 Stanford Place (file number R-2006-62)
Address
Print Name
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7403 Stanford Place
Ken and Patti Greenly
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Elaine Peterman
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3,/5
PETITION
February 19, 2007
To: The City of Cupertino Planning Division
Re: 7453 Stanford Place (file number R-2006-62)
Address
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Dan Borrego
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