DRC 11-20-02Cupertino, CA 95014
(408) 777-3308
Design Review Committee
November 20, 2002
APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW
COMMITTEE HELD ON NOVEMBER 20, 2002
ROLL CALL
Committee Members present:
Marc Auerbach, Chairperson
Taghi Saadati, Commissioner
Committee Members absent:
None
Staff present:
Gary Chao, Assistant Planner
APPROVAL OF MINUTES:
October 16, 2002
Minutes of the October 16, 2002 Design Review Committee approved with the
following corrections:
Page 4, paragraph 2, sentence 2 should read 'Mr. Chao stated that could be avoided by
flipping the house'.
Page 4, paragraph 3, sentence 6 should read 'Which would give the south neighbor greater
setbacks'.
WRITTEN COMMUNICATIONS:
Letter of concern was received from Nabil & Salwa Ibrahim, 21921 Alcazar Avenue,
regarding R-2002-15.
POSTPONEMENTS/REMOVAL FROM CALENDAR:
2. R-2002-17; Rob McCready, 18840 Tuggle Avenue
Request postponement to the December 4, 2002 meeting.
ORAL COMMUNICATION: None
CONSENT CALENDAR: None
OLD BUSINESS:
None
- NEW BUSINESS: None
Design Review Committee
November 20, 2002
PUBLIC HEARING:
Application:
Applicant:
Location:
R-2002-14
Janet Chuang
10656 Randy Lane
Residential Design Review of a single-family, 770 square foot addition to an
existing residence in the P(A1) zoning district.
Design Review Committee decision final unless appealed
Staff Presentation: Peter Gilli, Associate Planner, explained that this is the first
application that has been submitted since the Randy Lane/Larry Way neighborhood
rezoning. Under the interim ordinance, all additions require design review. This
project is well under the 45% maximum floor area ratio (FAR) requirement. It does not
conform to the setback requirements in the A1 zone, but the applicant has received
approval from the affected neighbor to extend the legal non-conforming setback. This
project has been brought before the neighborhood group that is talking about new
regulations for the neighborhood and the entire group is supportive. Staff recommends
approval.
Mr. Saadati asked about the process of having neighbors sign approval of extending a
legal non-conforming setback. Mr. Gilli explained that the current regulation in A1
zoning allows an applicant to extend the setback once without neighbor approval and
in the R1 zoning district the applicant is allowed to extend the setback once, but the
affected neighbor has to approve.
Janet Chuang, applicant, says that they have worked with staff and agrees with Mr.
Gilli's comments.
MOTION:
SECOND:
ABSENT:
ABSTAIN:
VOTE:
Commissioner Saadati moved to approve R-2002-14.
Chairperson Auerbach
None
None
Approved 2-0
Application:
Applicant:
Location:
R-2002-17
Rob McCready
18840 Tuggle Avenue
Residential Design Review of a new, two-story residence with a 45% floor area
ratio on a 5,355 square foot parcel.
3
Design Review Committee decision ,final unless appealed
Request postponement to the December 4, 2002 meeting.
Design Review Committee
November 20, 2002
MOTION:
SECOND:
ABSENT:
ABSTAIN:
VOTE:
Commissioner Saadati moved to postpone R-2002-17 to the December 4,
2002 meeting.
Chairperson Auerbach
None
None
Postponed 2 - 0
Application:
Applicant:
Location:
R-2002-15
Christen Fischbach
10354 Byrne Avenue
Residential Design Review for a 935 square foot, first and second story addition
to an existing residence.
Design Review Committee decision final unless appealed
Staff Presentation: Gary Chao, Assistant Planner, gave a brief description of the project
and stated the project satisfies all of the standards set forth in the Design Guidelines
and the R-1 ordinance with the exception of the privacy protection. The design of the
house is compatible with the surrounding neighborhood. Staff and Larry Cannon,
Architectural Consultant, have made a few suggestions to improve on the proposed
house. To help break up the mass, staff recommends continuing the first story roof eave
on the west elevation. On the same elevation, the proposed upper bathroom window is
too close to the roof eave. The window should be lowered to have a similar relationship
to the eaves shown on the first floor windows. Both of these suggestions have been
made part of the conditions of approval and the applicant has been made aware of this.
There is an existing six-foot fence and patio cover located in the new front yard area.
The City's ordinance does not allow any fence higher than 3-feet or accessory structures
in the front yard area. Staff is recommending that a condition be added to remove the
existing six-foot fence and patio cover from the front yard.
Regarding privacy protection, Mr. Chao explained that the applicant has obtained a
privacy protection waiver from the neighbor on the north so no new trees are required
on that side of the proposed house. Staff received a letter of concern from the neighbors
on the east side of the project. They are concerned about the two proposed second story
bay windows along the east elevation. They would like the design and location of the
bay windows to be modified or relocated to minimize privacy intrusion. The neighbors
are also requesting that the applicant replace some of the deciduous trees along the east
property line with Evergreen trees. As part of the project, the applicant is proposing to
plant two new Marina trees and three Fern Pine shrubs to help screen the proposed
second story windows. The existing trees along the east of the property line are not
4 Design Review Committee
November 20, 2002
City approved screening trees. Staff is recommending that a condition be added that
requires that applicant to revise or relocate the two bay windows so that they do not
require privacy protection planting. Due to the amount of changes, Staff recommends
that the Committee continue the application to the next Design Review meeting to
allow the applicant sufficient time to work with the neighbors to address the privacy
issues.
Discussion continued about the two bay windows and the proposed privacy screening
trees. Mr. Saadati was interested in looking at the color board and how the materials fit
into the neighborhood. Mr. Auerbach asked if there was any ordinance or requirements
regarding the maintenance of mature trees and asked about the spacing of the trees.
Mr. Chao stated that there are specific requirements with the spacing of trees, but
nothing for the distance between structures or fences. Mr. Auerbach asked if it would
be okay to record the existing trees on the same covenant even though they are not City
approved trees. Mr. Chao said that would be fine as long as the affected neighbor
agrees that the existing trees provide adequate screening in addition to the new trees.
The Committee received a letter of concern from Nabil and Salwa Ibrahim, 21921
Alcazar Avenue.
Tim Limon, owner, stated that he sat down with Nabil and Salwa Ibrahim one evening
to discuss the privacy screening issues. Ms. Ibrahim suggested Pencil Trees that are a
tall Cypress. Mr. Limon's arborist reviewed the suggestion and felt that the original
proposed screening trees were a better option.
Mr. Saadati asked about the bay windows. Mike Kastrop, Architect, explained that the
applicant has two young girls and for privacy, the windows were placed on the
backside. The bay windows were designed as they were for morning light and for the
girls for reading. Moving the windows would not be an option. Mr. Kastrop feels that
the privacy issues can be resolved with careful screening. Mr. Saadati asked about the
windows on the north elevation. Mr. Kastrop said that they could be lowered.
Mr. Auerbach asked the applicants if there were any concerns with lowering the fence
or removing the patio cover from the front yard area. The applicants answered no.
Lilia Limon, owner, stated that they did not get involved with the Ibrahim's two story
addition. There were privacy issues even before their proposed additions. This is why
the black oak and locust trees were planted on the east elevation in the first place.
Nabil Ibrahim, 10354 Byrne Avenue, believes that the proposed project violates their
privacy, specifically, the size and location of the two bay windows. The existing trees
do not provide adequate screening.
Barbara Gwozdz, 10363 Byrne Avenue, spoke in favor of the proposed project and feels
that it will help the tie the neighborhood together.
Design Review Committee
November 20, 2002
The Committee agrees that there is opportunity to resolve the privacy issues and would
like to see this item continued.
MOTION:
SECOND:
ABSENT:
ABSTAIN:
VOTE:
Commissioner Saadati moved to continue R-2002-15 to the next regular
meeting.
Chairperson Auerbach
None
None
2-0
Application:
Applicant:
Location:
R-2002-16
Danny Lee
22260 Cupertino Road
Residential Design Review to construct a 5,844 square foot, two-story residence.
Design Review Committee decision final unless appealed
Staff Presentation: Gary Chao, Assistant Planner, gave a brief description of the project.
The proposed project is consistent with the City's guidelines. Larry Cannon,
Architectural Consultant, has reviewed the project and found the project to be well
designed and consistent with the surrounding neighborhood. The applicant is
proposing ten 24' boxed Poplar trees along the south and west elevation to screen the
new second story windows. However, Poplar trees are not City approved screening
trees and as a condition, staff has required that the applicant submit a revised
landscaping plan indicating City approved privacy-screening trees prior to building
permits. Staff recommends approval.
Daryl Fazekas, architect, stated that he tried to design the house to have a lot of one
story rooflines showing. He and his applicant are ready to work with staff on privacy
screening trees.
Linda Baratz, 22314 Cupertino Road, is neither for nor against the project. Ms. Baratz
simply stated that although the design appears to be a single-family dwelling, it is a
very large house and she is concerned that it may contain multiple tenants. Mr. Chao
stated that there are no provisions in the code prohibiting an owner from renting a
room out to different people. He is not aware of any plan for individual or separate
dwellings on the site. The zoning for the property is zoned for single-family dwellings.
The applicant has proposed a single-family dwelling and that is what Mr. Chao is
approving.
Jan Stoeckenius, 22386 Cupertino Road, is concerned about the long stretch of house
and feels that it spreads too long along Cupertino Road. He stated the three-car garage
6 Design Review Committee
November 20, 2002
currently has a double and single door spreading toward the west from the main house.
Mr. Stoeckenius suggested instead do that with a tandem for the third space, thereby
cutting off the single door to the garage and then making the double door into two
single doors to break up the large elements close to the street.
Julia Tien, 22386 Cupertino Road, feels that since this house is on a corner lot, it is like
there are two fronts to the house, one on Carmen and one on Cupertino Road. The
combination makes for a very large house. Ms. Tien also feels that the garage extension
really sticks out. She suggests pulling the garage around to the southwest corner of the
house with the driveway going around so one could not even see it. Another idea to
reduce the length of the house would be to take some of the footprint from the first floor
and add it to the second floor.
Mr. Fazekas responded to the comments stating that the garage is a one-story element
with no second floor over the garage. If the applicant went to a tandem it would block
the kitchen. There will be a fence installed to match up with the front of the garage,
creating the backyard. Commissioner Saadati stated that the new trees would help
break up some of the mass.
Audrey D'urso, 22291 Cupertino Road, wanted to confirm that this proposed project
will be a single-family residence. There are currently three mailboxes at the property.
Gulsen Maloney, 22333 Cupertino Road, was concerned about the size of the large
home and whether or not this would be a single-family residence. The three existing
mailboxes are misleading. Ms. Maloney does not believe that this home fits the
character of the existing neighborhood.
MOTION:
SECOND:
ABSENT:
ABSTAIN:
VOTE:
Commissioner Saadati moved to approve R-2002~16 with the condition
that the applicant works with staff to minimize the size of the project by
means of landscaping and working on the garage to the satisfaction of the
Director of Community Development.
Chairperson Auerbach
None
None
Approved 2-0
Respectfully submitted:
Kiersa Witt
Administrative Clerk
g:planning/DRC Committee/Minutes112002