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12. Appeals 21410 Vai Ave ~/i' ~ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 '/ c".19.r '" ,.f' CUPERTINO Community Development Department Summary Ag~nda Item No. 1). Agenda Date: November 20, 2007 Application: R-2007-01, RM-2007-29 Applicant: Chia-Lun Ferng Property Location: 21410 Vai Avenue APPLICATION SUMMARY Consider two appeals of the Planning Commission's decision to approve a Residential Design Review for a new two-story 6,677 square foot residence and a Minor Residential Permit to construct front and rear second story decks on the new residence, Planning Commission Resolution No. 6488: A) The appellants are numerous neighbors appealing the following issues: front yard setback, building material, building height, building size, and privacy mitigation measures (appellants are requesting a continuance to the next Council meeting- see attached email request). B) The appellants are the applicants and residents, Chia-Lun & Hsiao-Chen Ferng, appealing the following issues: front yard setback and entry/living room plate height RECOMMENDATION The City Council has the following options: 1. Uphold the Planning Commission's decision and deny both appeals; or 2. Uphold appeal A and deny appeal B; or 3. Uphold appeal B and deny appeal A; or 4. Uphold both appeals with modifications. BACKGROUND Generally two-story permits are approved by the Community Development Director. However, the project was forwarded to Planning Commission due to the number of concerns received during the public review period. On August 28, 2007, the Planning Commission considered this project and directed the applicant to revise the plans in 12 - 1 R-2007-01, RM-2007-29 Page 2 November 20, 2007 order to reduce the visual impacts of the proposed house and be more compatible with the immediate neighborhood. On October 9, 2007, the Planning Commission reviewed the revised plans and approved the project with conditions. Both the neighbors (Appellants A) and the applicant (Appellants B) are appealing the Commission's decision (see Exhibit A & B) for different reasons. Please refer to the attached Planning Commission staff reports for a detailed project background and issues. DISCUSSION Planning Commission hl response to the neighborhood input, the Planning Commission focused on measures that will help reduce the visual mass and height of the proposed house, de-emphasize architectural elements that are different from the predominate neighborhood and enhance the privacy protection to the adjoining neighbors. The Planning Commission approved the project (2-1-1 vote; Wong/Miller voted yes - Giefer voted no - Kaneda abstained) with the following key conditions: .:. Delete the second floor rear facing,balcony. .:. The entry canopy and adjacent living room plate shall be lowered by I-foot. .:. The front yard setback shall be pushed back an additional five feet so that the minimum setback is 30 feet (measured from the property line to the entry canopy feature). .:. The rear yard privacy protection plan shall be revised to reflect the request of the neighbor to the rear. It should be noted that prior to the October 9, 2007 Planning Commission approval, numerous other changes have already been made to the project by the applicant in response to the Commission's prior directions. Please refer to the attached October 9, 2007 and August 28, 2007 Planning Commission staff reports for the detailed report (Exhibit C) Two of the Plam1ing Commissioners recognized that the house is significantly larger than the rest of the neighborhood. However, the same Commissioners also acknowledged that the project is located in a neighborhood with relatively larger lots, therefore the potential for larger homes exist for everyone with similar lot sizes. The majority of the Commission felt that with the changes made in conjunction with the added conditions, the visual impacts from the project will be minimized to a reasonable level. Commissioner Giefer could not support the project because of concerns on neighborhood compatibility. Appeal from the Neighbors (Appellant A) 14 neighbors signed a petition to appeal the Planning Commission decision to approve the project. A summary of the appellant's concerns are as follows: 12 - 2 R-2007-01, RM-2007-29 Page 3 November 20, 2007 .:. The Vai/Colurnbus neighborhood has a distinct rural feel. .:. The look and feel of the neighbor is under assault with the approval of the project. .:. The project does not fully comply with the spirit of the R1 Ordinance. .:. A proposed house is too large. .:. The proposed house is out of character with the rest of the neighborhood. .:. The project will decimate the sense of privacy, light and air that currently exist. .:. The proposed house is not appropriate for the neighborhood. .:. The project does not preserve nor does it enhance the area suitable for detached dwellings. The appellants also recommended several specific changes to the front setback, house size, roof material, siding material, height, privacy planting timing and appropriate window sizes of the proposed house (see Exhibit A) to address their concerns. The , Council should evaluate these suggestions and decide if additional changes should be made to the proposed house. The appellants also submitted additional letters with signatures from the neighborhood (see Exhibit A) An email was received from Linda Gohl, representing the concerned neighbors requesting a continuance of this item to the Council's next meeting. The reason is that some of the neighbors will not be able to make it to the November 20, 2007 Council hearing. Appeal from the Property Owners (Appellants B) The property owners are also appealing the Planning Commission's decision. A summary of the specific items that the property owners are requesting further consideration are as follows: 1. Front yard setback. 2. Entry canopy and living room plate height. Appellants B would like to request that the proposed front yard setback be maintained at 25 feet (measured from the front property line to the front entry feature) as oppose to 30 feet required by the Planning Commission to retain theIr size of their rear yard. Also, the appellants would like to maintain the proposed entry canopy and living room plate height for aesthetic and interior functional reasons. The appellants believe that they have worked with the City and Planning Commission and have already made significant changes to the project beyond the requirements of the R1 Ordinance. CONCLUSION The Council should evaluate and weight each of the appellant's concerns and suggestions and decide if additional changes should be made to the project. Staff supports the Planning Commission's decision. 12 - 3 R-2007-0l, RM-2007-29 Page 4 November 20, 2007 Prepared by: Gary Chao, Senior Planner Approved by: ~p City Manager Steve Piasec ' Director, Community Development ENCLOSURES Planning Commission Conditions of Approval with the approved plans Request for Continuance, Linda Gohl, October 25, 2007 Exhibit A: Appellant's (neighbors) appeal and associated documents Exhibit B: Appellant's (applicant) appeal and associated documents Exhibit C: Planning Commission Staff Report October 9, 2007 (Planning Commission Staff Report August 28, 2007 as an attachment) 12 -4 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Communzty Development Deparbnent CITY OF CUPEIUINO October 15, 2007 Chia-Lun Ferng 21410 V ai Avenue Cupertino, CA 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER - R-2007-01, RM-2007-29 This letter confirms the decision of the Planning Commission, given at the meeting of October 9, 2007, approving a Director's Referral of a Residential Design Review for a new two story 6,677 square foot single family residence and a minor residential permit to construct front and rear second story decks on the new residence, according to Planning Commission Resolution No. 6488. Please be aware that if this permit is not used within a two-year period, it shall expire on October 9, 2009. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, (7~ ~/vw-- Gary Chao Senior Planner Enclosure: Resolution No. 6488 Cc: Tuan Cao, 1515 Tenaka Place, Sunnyvale, CA 94087 12 - 5 Printed on Recycled Paper R-2007-01,~-2007-29 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6488 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A RESIDENTIAL DESIGN REVIEW FOR A NEW TWO STORY 6,677 SQUARE FOOT SINGLE FAMILY RESIDENCE AND A MINOR RESIDENTIAL PERMIT TO CONSTRUCT FRONT AND REAR SECOND STORY DECKS ON THE NEW RESIDENCE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2007-01,~-2007-29 Chia-Lun Ferng 21410 Vai Avenue 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 subcondusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application R-2007-01,~- 2007-29 set forth in the Minutes of the Planning Commission meeting of, October 9,2007, and are incorporated by reference as though fully set forth herein. 12 - 6 Resolution No. 6488 Page 2 R-2007-01,RM-2007-29 October 9, 2007 SECTION m. CONDmONS ADMINISTERED BY THE COMM1JNITY DEVELOPMENT DEPT. 1. APPROVED EXIDBIT Approval is based on the plan set titled "Ferng Residence, 21410 Via Avenue, Cupertino Ca 95014" dated September 21, 2007, consisting of 11 pages, except as amended by the Conditions contained in this Resolution. 2. PIDVACYPROTECTION The project is required to submit a final privacy protection planting plan consistent with the R1 privacy protection ordinance. 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 applicant shall work with staff to revise the privacy protection trees along the rear property line to use either Arbutus Marina Trees or Pittosporum Tenuifolium (tree version). Revised landscaping plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 3. REAR SECOND STORY BALCONY The plans shall be revised to delete the second story rear facing balcony. 4. FRONTYARDTREE Any trees required by the Planning Commission shall be recorded on the property as a covenant to be pr~served and maintained. The ash tree located at the north east corner of the front yard shall be evaluated by a professional arborist. If the arborist determines that the tree is in decline health or dead, then it shall be replaced by a similar tree minimum 24 inch box. . 5. PRESERVATION OF THE OAK TREE The Oak trees erroneously noted on the plans as a 12" Ash tree shall be preserved. A professional arborist shall provide recommendations on specific protection measures that will be required to be carried out prior to the approval of the demolition permit. 5. ENTRY CANOPY & LIVING ROOM PLATE The Planning Commission approved applicant's option A. I addition, the entry canopy and the living room plate shall be reduced by 1 foot. The applicant shall work with the Planning Department to further simplify the design of the entry feature. Revised plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 5. 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 October 9, 2008), said approval shall become null and void unless a longer time period was spe9#fally Resolution No. 6488 Page' 3 R-2007-01, RM-2007-29 October 9, 2007 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. 6. FRONT YARD SETBACK The proposed house shall be pushed back an additional five feet so that the minimum setback measured from the front property line to the entry canopy is 30'-0". 7. 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. H 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 9th day of October 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Vice Chair Wong, Miller COMMISSIONERS: Chairperson Giefer COMMISSIONERS: Kaneda COMMISSIONERS: none ATTEST: APPROVED: I s I Steve Piasecki Steve Piasecki Director of Community Development Is/Lisa Giefer Lisa Giefer, Chairperson Planning Commission 12 -8 ABBREVIATIONS MATERIALS LEGEND . - - -- - L .... ~ --~ tII!lIGMno. aaQlll HlIYillElMT&lIllI.l"tI'E:lI,GIHIW.l.Y . " - - SlDMl.Il'I'~SCoIU! ~ """"'" - - I:: :'..1 ~~.... "'. "'" , ::;:..0It1UllElt - S:/CMB '" ~ ~i"::'-I - - - .R .- ~ -- .& -....~ - ....,.., ~ --- r.''':,>~ .... _~M ... ~ ~ ~~ .... ~~ """" ......." L-""': - - "" NClTrNa:lInMCI' .... ~~ ~ . -- - ~, - -... ,- ~ _m_ ~;~~~, .- .~... 'A ~ .= ."""" ~ """'" r=::J ~ .= = ~~ ~ .~ ~ ClMltli!'tlli1oIE1l!It ~. .- ~. ~~ -- - - C8J f:L -- "". - ~ -< ... 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FN:SiQlllTUlS ~ ~ ... .... - ~ EN.NIGEDrsrllll " .~- ~~D[NlDCROOYE ~. FootORFEE1' ===JI! ~ ""... '"' TCf'OfA'meII' ,~ ,..... '"' -- ~~ """" ~ ......m ....... .. .... """"" -~- ....,. ...,- ~. ""'" ~~~~ .. -... .. ~ :::; ""...... l~~ ....-- - ",.... ~"- ,... - -...... ~ li'rPlllNWAU.BO/lIlII ~- :::r~~= ~. "~~ M ..... "". ~ etEllAT'DIIRIII'l. "" ~- _. ~ ~------= ORllECTDI\'l~ - ....""" W - - - ~ ""..""" :=0 - ~- ~ ~ RnISIONS'tt4a. ~~ - """"" ~ ..... ~ .~~ (llH1l'1U';IIUlCllFCft ~. ~~ ~. """"'" tllm!1MI'lYFE0F ,. ~ -no ~~..- 1lEFBlea:(Il ElEWIl'Tlall "..... IHSI.UlTlCff ,~. ,~ Ilf'VlSElIPORl'Ot - -~ TREE PRESERVATION ~ ~~ I.EJlfCflEM/'OltOKYfe<CI<OR8AAIlICAPeNltMfO'mEElIS1IGw.._ ~ ..-... """,T~H1Gtc.YVlSIII,EI\RCUI<DTREE.~Tl<l!l'l!JaOli19llElHE ..... ~~~ CNlOP'I'/'P;EAOMIoSFAll ASI'OSSlBLE/PIV.CTlCMl..l!I'9QIIMtRtN<.OFlRa. '^". ~- l.DO"OllVlCEClll.SlOIlEOON~~.lMlSQlLat "" ,- DE8RlSIIGNKSTlHE'TFlUIIII.OFTMElllEe:OR_"lletNCl"(N'EA co. ~ :s._1l'IETlll!.eI'llUOl''''''lS.9Cll:f:wBReClltft~JriSliM!Ql:EVICeS. (.IIl1!!l'lUlaDURlNGCOI<STRI.JClJOI. SET BACK REQUIRED PROVIDED ""R.<lOR FRON" 25.q 3T_4" REAR ,...q 57'-10" RIGHT': ,..q 115'-6" lEFT: ".q ,..~' SECOND R.OOR: 2,048 SF. SET BACK lit FlOOR FRONT, """" RIGHT': lEFT, REQUIRED PROVIDED 2O".q 2O".q <.q ".q FIRST FLOOR: 3.921:1 SF.. 703 SC.FT.:4,629 SF. St~O~1~~t'~ ~ FIRST FLOOR: 5,mSF. TOTAL: F.A.R. AND LOT E: 4,829 SF. + 2,048 SF "'U77SF. 6,ffnSF:14,900SF=44.81 %FARc45'1li 5.923 SF: 14,900 SF" 39.75 % LOT COVERAGE. <AO % ~ SECOND FLOOR I FIRST FLOOR: 2.048Sf./4.829Sf. :44_24 %<"15% SECOND FLOOR PERIMETER WALL: TOTALlENGHT: 224'-4" VISIBLE WAI.1. OVER 6 FEET: 14'-O'+2'.10"+6'-r+13'.]'+38'-O"+3O'_11'M106'_2" / 224'-4".. 47.32% c m 1. 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'TCII'.Q.: s,IIl':;: 25.q 34'.g" 11'"e- 11'-111" SCOPE OF WORK ~:i'~~~':1WSf. fQI1 ~co7-~9 ~ 0 -2L FERNG Residence CHIA-Lun Ferng & Hsiao~Chen Femg 21410 Vai Avenue Cupertino. CA 95014 AT Home Design 11151-._ 1_II,ClI..... l==::... -- -, ~w iiS""'" a~"~ l'Jlll=\l? TIt$__ne-~1'\a( ~~=:.:..~~ A!!fl'IlrVI..:\CI!!! ~fI.'eI;U;U;~ ~~1.f<V.O Mt~!Cilfs OI;olt-.IIUX PL./I_Il!\T'\ SI<'EJI\A>t 1I1;wrt>l1l'./OI'I'/W ~-~....""- DM"'I&_~ AD 0. ,. DIWVII<<l(S) llAAW7IIm If' ~D~r;:; ~lJ\':~, SEPT. 21. 2007 .( d- H t- o. o 12-9 ~ 1, FIRST FLOOR PLAN I I I r-- tl i i I I ! ,I ~i I I I I i r-- +~~~~----I ....,. II ~---) I, I II ' ! I ii I II II I 1'1 II ! i ,i I I J ;.-1' - ---t'I---------t--- " , I ! ...... , t~T 1. . I I I I I I I I t I t! I I I I r- i I I .1 ~I I i t.t-- t-~ I if L I ! j f I I ..I PATIO TI t, I I I i 1 I I I I I I , I I .! ~i I i I I PATIO .,.... rl---------f-l I ~ I I I , , 1 :~~!r~R l l l \ I I ib1jdb1Q1bli I . J I i I:lQQbl 1 !bldpb1lJ! , . 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I -r-- i [ I i T~~~~~~-==-~~.~~=~~=.==t--!..~~ ~J I FERNG Residence Chia-lun Femg & Hsiao-Chen Femg 21410 Vai Avenue Cupertino, CA 95014 AT Home Design 11111__ -~'"" ...-~ (COI)245-11D4FIl --~ ..~ ~~ ,l.....a;q '"= o..,~w ll.Wt~ ll:lI;:'Im' '......w 12M -e2007-;;Q ArrR ~':- ";::.~7Z' &, Plant/In COII/lIllsslol1 /0 Aj-O 7 I.... Signat ~ ~- Co; "'n.~'t cd THSCftl\M'lOoAlCl'n'E"'tRUlTJ:lt OI'ThtKr.....llo8WL:lDlI51Q A2.1 Ol'l1l11l1~ llIIol.","1m lilt lIfS~8Y:~~. ~~~- 1/4' = 1'.{)' SEPT, 21, 2007 12 -11 21390 Val Avanua .... 2. ELEVATION - FRONT NEIGHBORS 21410 Vai Avenue m- ;JOC>1- Jlq APPROVAL R- JW7 -0 I ;'~lt_""''Dr." Pla/lning COIIIIIIJ,SJOII 10 -q-o 7 UrIc Sl:;na!lIC~ fkv - CQ I1g:cr ~ FERNG Re5idence Chia-Lun Femg & Hsiao-Chen Femg 21410 Vai Avenue Cupertino, CA 96014 AT Home Design '5t.,._~ ''"'I'oUIo~MIIIT tlOlIlrllNIIZ ~.l4W$lll;,.. .......- 21430 Vai Avenue ...... ~,. "~,,;:; o~.<\o;.: .;,..l5'~) 0"':'''-"' ~''''~-;;, -~ >>''lL1 ffi ~":lS~~ OFTht/(f_Ilool..._O ........JPI^"l F.~~VAT1OOl.~l'.:1MTN;:.s;'H"~ A3.1 PRD.Ec:f: ~Ef.W:;">.7I llM'MIlm I)flll'--=Plm -0::: ~1IlI': ~.,. 1. ROOF PLAN 118' = 1'-0' SEPT. 21, 2007 12-13 2. SOUTH ELEVATION 21'..0" ,HT.llMlT lll'.lI'"fIlXlFHEIGlfT l' I I $~"c;~IfT. ~ "Ir-( I I I t II, I 1 -1'-1l'<.lRl.Oe F=-~:::~:;_v~ i! +_------..!!.~:..~'lJ(),FU ~l 4----- --- ----~... , -~ --- 1. NORTH ELEVATION IIWjZNl.R..J i I I , , I .1 ~! iJ ~ ~ I r'..~~ i ""-.~, 1-- '......... I -i~1 --'1---t I I i I I I , J I ~l j~! I ~I !!i ! ~ I ! I ~ : i J .! i I L-J I +---"~ --1. ~__~_...!!.ll1"(le,;~- . W~(2NlP'LJ t- I + FERNG Residence Chla-Lun Femg & HSlao..chen Femg 21410 Vai Avenue Cupartino, CA 95014 AT Home Design APPRO :::::-~,,!".L}.. '1 ...=,.~ ~ aoo 7 - ~q A~~Do1-0J ."........- Pla/llllng Olllllllss/Oll I 0 ~ 9 -0 7 ..." Signalllr ..- """"4": :~~ ~;;,,>>.,: ~~""I 114.= Nl" ....... ~"" & it, --+ I I I ~I 'I ! ii~":~-== __<0 aE'l/,~ A5.1 .~ ~rnN,;;;~ DMW'Il'IBr. 1(0' DfSIGN;DI-t: i't ~~ 114' = 1'.{)" SEPT, 21, 2007 12-15 $"~~" /b1~ :;fX)7~ ~q ArPROVAL ((~ ~rn1~ 0 I A""""1ft, "-1.<< Plo!imlng COil/miss/ail /() - 9- 07 Ibl. 2. WEST ELEVATION $:~:::G:rr $~~HT. 10'4'Cl..NG.IfT. "'~ 1. EASTELEVATION w FERNG Residence Chia.Lun Femg & Hsiao-Ghen Femg 21410 Vai Avenue Cupertino. CA 95014 AT Home Design IlIlT__ S--.CA_ (1IOI)lGM1&a (41111__ -- M_ i/}~.\O'i' :.....IIQ. a!o1wr ""'71~'T a~io'i1 ~l~' 114.= 1'.a' &, & TlU~/H)MDCf'llRW.1lCfl EIG.CI6EDIEIlEIllS1II!MOParrY OI'ThoAT_IloII...2DIl5d) AS,2 ......., =~~iv: ~ ~Il',.; 114' = 1'.0' SEPT. 21, 2007 12-17 LEGENDS: ~ -r--l\ I " I ~ , '~.~"' \ " _ J '\/1\\........... -t\-~' CEl TREE TO REMAIN (ElTREfTO REMOVE o fN)10-GALJ..ON TAMSA\IINJUNlPER OR SHRUB o (N)5-GALLON MICSROSES NOTE: PROVIDE DRlP/IRRlGAllON gYSlEM FOR AlL PI.ANTS f!M - :1001- ,2q APPROVAL R-~oo1-01 -- Piilllllbg CammisSlrln 10 - 1-0 7 U.I, Signalllr~ r~- C.lI MnAlIl:cr f.AA.) }. ADJACa/T RESIDeNCE ~ 1. PLANTING PLAN FERNG Residence Chia-Lun Femg & HsisowChen Femg 21410 Vai Avenue Cupertlno. CA 95014 AT Home Design I5lllT.....~... -~- "",_m ~iGtSj4.'" --~ w ::J Z W ~ ~ ~.:.Y.H ~ &. & TIIStll'tAlQGANlITH:N'OIWIl'!Kltl ~IG.06fDIe:UllSl1oEfIRl>>'EIm' Of'fNKr_OoIjIJl.:llXIGlO L.1 OF l' IlIv.W\NG.lSI IlfM,WNIIT: "'" bESI~BT:t::: ctS:llBl8'f:PoT 118'= 1'.(}' SEPT. 21. 2007 12 -19 ABBREVIATIONS . < . ~ . '" .. .... M """""" ~~- :0ItN'- ..... ~ .. - .. ~ ... - - -- -- -~~ ~- - ........ """"""'" -, .- .= '"' .~ ,~. ,- ,~ ,~ ,= ,~ ''''''' ~ ~ ~ ~ ~. = "'" ~ - -. - - - = ='- -. OOT'" ""'" ""'" - ~ """"" -- """"""'" ~ .......... ~ ~ ~ ~ !IF. OII_FOlM"_ DET. DrI...... :: ~ :' :- - ...- ... -- DSP. OR'I'STMIlI"PE ll'II'lI. DMNIIlI ... ~ E.l W_lIl.JCINT a _~ Elal !I.SC'TII~ BJ;V. nEYATttI. ....- EfQ.. EICI.OUtE ~ .... ~ .- flll'T. I!CUI'H8II' eTR VlSWtGTO_ ~ I!!.mnIC.,.....TER ""'" _. ....... ~ ....., ~. ~ En. I!.I[I"E_ R .~ ~ .m ~,... -- "'"'"~ -""""'- -""""'- ...., FflElO!IEClSMT - .~ ....... ~ PollCl!~~ FoICEOl'FlNSM rACEOf$TW! ,- .~~ fDtll"OII~ ,~ ,- '"""" .= .. ~ ..... "~ m .. " .. ... - IW.V. GIIl.~ANzliO ... -... ~ ~ ... ,- ... ,- GlI'ItI GYP9....l'MLL.GWl GYP. GYPSIN ~ "' - - - ~ ~. -. ~- -- ~~~ -~. - ~ ~~~ IKI". IHfERlOII. - -~ fr. JaW!' ~ ~- ~ ~"" lA'I. ~TOIIY ~ ",_ LT. UGI<f - ~ .... ..... _. - ~ .. .. .~ ~ - ~ - .....,"""" ~ - - :.~ - ...... ~.. -- - ~ _.~ ~,- - ~ tmI HOtTOICM.E OA ""'" ... ...... '" ..."""" GO 0IQ1IlIEllUlMEl8l -, - - -~ _. - ~ ,- ~ ,,- .. "'. ~ ....~ ~1Nol",,'ll:: -- ,,~ ,- ".., ,....- -- ,.......- ,- ,~ ,....- E~ , ''''''. ~ ~ . ... ~. ~. - om - ~ M - - - .... -.... ....-- """'"' .._- E_ - - ~""'" """""" ,~- ,~- -- ~ -- .~ - ~ - ....... -- .- --- '""""" ~ -~ M ~ .- m seer. .. - .~. - .. SST. ~ST&I.. .. ~- ~ ~~ ". ....... ~ - "'" ".... ~ - IUSI'. SLSf'!IaI) f'm S_mIICIt - - ~ -... 'IC ~OI'aJII ~ - ~ ~<i~ao;NCl'iIKIO\/E TP l'tP0JI~_ 'rPII Tca,I;r-. .- W _ lW Ta'0l'-.L ~, ~ UN'. IlN'NSIED ... .....""'" ~ - _. ~ VEST. VaTl8ll.E H ~ I'IC WA'lERcu:&rr - - - ~ .. -~ wscr. W.IiIM!lIa:Ir "'. - MATERIALS LEGEND .... __'IIONlIIIl!LOW~'tI!""T8"1.1"rPBS,lZIeWJ.T 8IOI\tII...,.~ac,IU I,.."-.?'.I [W;,;,,'-I r..''':'''~ :1 LL..L~ ~;~:;:1 [==:J ~ ~ LSJ ~ ~ ~ ~ --....-. "'OOOF_lfIli,~ ~ SYMBOLS LEGEND ~ f---~':- ;/-:::::..:- G<.~:'~~ DEl'N1.I5LO::At=D DEl'l'lLIlEFEFEIa aElmI>>l~ ~~- IlGcanMv..a' EM.MllEDlIEI'AL ===- .~~ ..-- ~l!WollCl't1U.lBBl. I~~ :::r...::~~ ~~al_ -~ ~------"'" ::0 !lP/ll1l(lll1E\la. OItSECT1QH'olEW) !tEVIlIICIN5YNICL lIEEmLElt.tQl;F!>>t ~NlDnr>ECE .,,,,,,, RIl'IflI!N:l!(IN!L2Y<lTICN TREE PRESERVATION I. 1:REC'I'TfMI'ORIUll'f'9ICE 0lIl BAAIllCIlOE/IA:llN)lIlEEla<<J_ THA.TISHlGHl-TVlSI8l..EM,",,"Oll'leE. P05mOfl~iVGQ.I1SI;lEl>E CNlOPYWAClRASfAR otJIPOS5lIllJ!/PR.toCT1Cota.l;fRl:lIolTlE_OI'lReE. Z.DO"OTPl.AC!EOflS10llE~~,_CII. D6II'lISIlG"",STMlllW<l\OI'lI1fTllUCIIlI'lltt1...1'!E"QIrH;lPTNl6'\. 1l\EEP1i'II!1Rl'I"FREEOF ItNLil. SCREWS NOa&eRf.-sTBM~ ~.W"lE1'1fJ1eell'UR"'o~. SETBACK REQUIRED PROVIDED "" FlOOR FRONT' 2S.(f 3r.4" REAR ".(f 57'-10" RIGHT: '..(f 15'-6" LEfT, 1S.(f 2e'-2" seCOND FlOOR: _SF DRAWING INDEX ~.toll'r!IIIIUUGflCl, ===,:=:= -~ 1\2.1 fRITROOflPUllll ~ UCCNlllUlOll.ftNI -~ ~. ~ A5.1 et.2IM'IDCI ~'IDIS."!I!THI!nfT'~~ -- asa.ElRW.TIaI:I.,FI!;erHE1GlfT'_~ " PLANNING DATA NEWllOUSE:oc:c:lI'ANCI'M -- ZUE:Ri-l0 srrEAJlVt:I4.lW$.f. -~- Fft5l"1'UJlft UltiQFt. SSCOlClFl.OQlt~$Ql'T, TClflUNHIi: lW*$Q.Fr. GoII/IIIoGI!: JIIJSIl.fT. 1,81T5O.,.,.. SETBACK REQUIRED PROVIDED 1stFLOCR FRONT: 2Q'.(f ,.... SCOPE OF WORK REAR 2Q'.(f ".... R""'" <.(f 11'-&' OB<<t.lSIl~E.lllSTflGCRf.S'ItRI'ID.ISE. LEfT, ,.... 11'.10" IIltDA_rwo.STOIQ'IaJI!. FIRST flOOR: 3.92e Sf'.+703 SC.FT.:<\,629 SF. APN\uVAL FIRST flOOR 5,mSF. TOTAL: FAR. AND LOT E: 4,629 SF. + 2,D48 SF.= 11,677 SF. 6,6nSF:~4.900SF=4.u1 %FAR<45% 5.923 Sf: 14,900 SF = 3$1.16 % LOT COVERAGE..:40 "" SECOND FLOOR I FIRST FLOOR: ~ 2,048SF./4.629SF. _44.24 %<45% SECOND FLOOR PERIMETER WALL: TOTAl LENGHT: 224'''''" VlSIBLEWAU.OVER 6FEET" 14.-0"...ZO-1Q.+6'-8"...13..]"+3-8'..(l....3O'-11.=106'-!' f 224'-4" _ 47.32%" 50% 1. FLOOR AREA RATIO - LOT COVERAGE 1/32' = "-0' f4I1 /100 7 . ~9 l ~ 0 ~DI GENERAL NOTES -- ;:~c;:"~=:~tHCl2P~ OIXU'JHC'l'GllDU'''-3~Ttl.lllllEIal ~~~::i~~a::.. DO""~~SE~ ~~SKIU"'~II!CI!llEIQ!O'tIR/lCIIl2D ~NIlSlW..LIEVBll'lEDONT\C.aSITL1Ht tll5(]'l5'JIIC'l'&IW.LBEIIItOOGHI"'IOTlEATTENno:>>lOF'ltE 1UIC:teI\'N:)II'TtlM CCNMSCSlENl'OFNff\'l'ClllK. __lttUeU:lNSIIIllC4TEORDNE!lSlCHl'!l:t(l'O 9lS1WC-'MCOIflRlCmIlSIW.I.VBtFYAIl~ ~lHI,~,",SlW.LR!POm'NIt~'IO'n'E AM:H'l'!CT'I!l'ON!l'ltCI:IRllf3Ml'Hl'III!~ =~~~~~,:=~~ aEIIA'IlCHl.ClX1MIa:wt8l.U-'''AIlFAC2S.ETC. AlLIMTElIM.IIME_IH..ElIllI01Rl~ OfOlOYlfSFlIlN5IEIl,CIWNll!.1NSfNLIIl Dl'CI_FUlIISHEll,I:DNI1lIPoCTCJlIISTAU.EQ ,......... ~ ___El'IllU.&llIc8T\.lllDlVo.e,..r c:_IlClMtI~~ORb:IS'lUlv:l!IIOftWAlL .~ o OOOIWI\IIflOWSVNlIOt.lSHsaEU.I! "-G 'AATmllflTl'Pl',lSl!I!JfIalIOIl~M.lI .u.Il&IAI!.,~lCt.l$,K1'CLT.S.NIlGRaHlllGEls::r1lOIlE AR!'TllIEDfPlAOl'AT"!W,IEDf'lUtllO.T1t:fIlIN!JOfCl1llfl IN5TAUIonr;w-.s'!'lllJCTlllfl$I'OllAllIJlSl!llEaW'Nl!l'lTISIW.l.Jf,1I:P/CI!D 'TOTHI!8IlLIlIK>11IS1'f1;l'mlATIIlOOHHl1'ECIICIM AJl(EftRlIl'.ocl!etTl'\'f:Sl~NtUWlXOIlIXJl.-sIiIW!-'ESDJIl S_MmIlYASltlaEflECECFYIOaIEXTlHlI!GICTL&S.InlSlftAIaJE oUOBElOW1lt!:muKEl'tATI!.lmIIlEPLATESIiHllU.Ill':AtTADlEDlCIllCUl ANXlb_1lIEfl1'lll'K)Tl9111lWllTYoOf.~Il'JIIJt'l\OOO1JCfltft$ u:T1!tlO.ouLN:6.I'\DORl1l!olNJ\II'l'Tllvn'8llOll~~.~ ~.".qF_1.eAAEST1lCl::lE:M. =~':.:":~"=Ttt!E.o:f!lIDI,I'NI,.l-"::$IJW'1S ,'" AU.~NO'IUtlIGIIOI'I!DK1!;&SIU\.lCOWlTWlClilCl3!Il.IU"'IO,ll.-' 1L P1tlMtEA1'NaIPH;JICVAlUIM-.-sotlAU.~IfJSEBIl:lS. 11. Of'lNEIItO!l'fNMmEt<<:ll:lAClfllJleFWIfFIlllIIlPUMJCWCII(S EEPNlnIBfI"IEKlH!ERIGI'tIl'lLOI'I'ollI'I'l!_1ll!NTS. .....l\lII'ONATIClPRNUSl.SY:S'TE..M..l.IlE_~UlBl!llEllAlm:Mlt.1lC :::=V~~=:~OWWQ FERNG Residence CHIA-Lun Femg & Hsiao-Chen Femg 21410 Vai Avenue Cupertino. CA 95014 AT Home Design "IH__ '_Io,CIl_ (4OI)111U1IZ "'.....~ ......- .1.\iU1T ""'" ~= iiIol(;l.)1 ~ilIl...."" l'Z"llO)!" -nuIRII/WGolICIMNM'UoTJat EII::::I.I:l!EP_"'IlI'1t11;~ Ol'n..oIlT_~_(Q A!!I'I'CVl~ ~~IL;Ec) ~~\t<VCI ~.~EMI.!l.:'T'I'lf """'_lirE" ~lor"~ 6r.E~ vr>urT'r'llJlF."",....,.F ~f\IS~(.';1','E tlMWI...IlIJlBER AO rY 11 llAAWNlISI llAAlIWlre >f. DESllH:ll-IT:T:; ClEGllalB\': ...-:- SEPT. 21. 2007 .{ d- H I- 0- o 12 -g _.--'---~~ M:j{i;1-;~'1 i.i" ,.;"l-:.~r!.~,-:;,-- , r-..."."I";":: JE.:9:..0 4\ ..:"::~~ rAAr) .::~nn"'l,,-.:,~--l \ -~... I i i i i i i , i i i i i i i i i i i : tl ! ~ r~~-~~-~~.:-.: ~-n; ----.r-----TL-~:t~~.-:w:::::~~---~.-------.------ ---l~rtrT.- I ..-r r =f------------r-------t \ ;7if-- !!~--------------- -----------lw. ii i ! ~----------_L-------1~~:-- ~! i I I I :<I; I 34'-9': f i ! I I I I I ! +-~~ ! I ,L~~ I I~~ l DRMOW~Y-l 1 ! I j I 1 I , 1 l~,~.~ I 11tI1IEIIlM i ' ~! ~ I' ~I e, ' ~l~ ;! ~l ~I il ;1 I I i I I I I ! I I I I I I j I ! , I I i i J 31 i il 2! '--+-l i -~:.:..;,..- -- - I ~I 5: ~ t----------------- I !ll~:ati ~J= +-.-1.-=L _1-____._____ -.------. j .1 1 ,,~ 1 .1---------- i i i i i i i i I i i I I -L-a:> _-9" ADJACENT RESIDENCE. 1iJ:;;"~ ~ 4E1'1T1'1al1SIlIlO'IE, I ADJACENT RESIDENCE l i i , I I ~.- i i j I i i i i i i i i I ~ i l~---..--~~~--____l i 1EI10~ 11IfoE"Ttl_ 1. SITE PLAN FERNG Residence Chia-Lun Femg & Hsjao~Cf1en Femg 21410 Vai Avenue Cupertino, CA 95014 AT Home Design 1.IIT""",,,,~_ .......,....Ol... !Cll'l1Ol..1112 ~24f!IM~ ---- l1J ::> z l1J ~ ,.- OllWl!' ~~, Yi-"3ffl ~1'_"l1 ~~ -- ~ 11 & 'IM5~~lHPi~lnt !I'Q.O!ll!O_I\II$~PI\XPl!Rl'Y Ofn..J,T_~2IlO50 SIl'I'I'I.>>I A1,1 !lllIllWlllY: 'N :o::~ 118' = 1'-0' SEPT. 21, 2007 12-10 ~ 1. FIRST FLOOR PLAN I . +-~-.!!':!:----I---.!!:""----I~ i I. ..... ~-~----t t-=.1 '. It, I I! ' i I I II II I I I i II JI I I Ii Ii i I I I I , I .L-.. ,. !i ;1' 'I I I;.... ! ".... t- ~-~----------!""-.., I 1 . I I . , 1 i I I \ ~~~R l ! I \ ,I !gb?g~gi I blblb1b1 i !b1dpQIJ! I ,: I L__ _ _ ___J i tl I I I I t-- I I I I ;1 .' -\ I i [- .1' . i ! I I I 11 ": i i I i 1----- ;1 "I I I' .t-_.... .1 r+- ~1 .! i I i I I _j PATIO !, i , t. I t , t "'./r----------------------..........'\. rl /"~rrn......------.............." '1 I/''''' I I \ I I , I (m=l nl\! I l!!!d D b!!!J I I \ rnn Fffil) I \l!!bd b!!UJ I II \ FAMILY ROOM / I \ .. I l"" '..,,---____--/,/ /) \.......______~________.J' PATIO r-- 1'1 -I i I _~_~F-Vlr-rj i i I !I-.------ll i I II i I .1 I ! i .1 ! I I i -----.---..". I II ! I 1 I I i I . I ! ,1 I , ;1 I I I I , I I I I I II Ii 'II I ~l i I " I ~Il I I II I I I ! JI ill I i I I ;1 I ~l I I I . I t , I, [-""1l--' "-~----'-4 ...... 30CAR GARAGE II Ii! ~ I~! ~ Ii: (1 , I , I r------ 'i' i ~ "'0"" OJ !~! ! '-I I 1~1 I l II I I I I , UVlNG ROOMOJ I ~;~=~~_~-~-------J " II : : II II II II II ----'" C "........ ............. ......---..., , , "...." '~ , , I I /0' -_.-/ GALLERY FOYER ====~~====== ____:~~~_r<<i _ _ 000 ~ ~ I i I .----1 I I i I! I I i ! ~~~~~~r I! .~--t n~ ..!._______ 1tl'...._________~-.---...!'.:!:. ___,_ -l-.-~~---,~~-l .....~ , ; n_!O'.:!.____ _1- ...-- ---- _..~~:~ .__ I L I , i i .-!=>:-J=-~=-~=~=-~,,"':~:~~~~==i--~~.J I PORCH FERNG Residence Chia.Lun Femg & Hsiao-Chen Femg 21410 Vai Avenue Cupertino. CA 95014 AT Home Design Ilur__ s.........Ql,_ ...~C _U"'!iIOIfll -- =,~ J7'3'Il" w,!I\!r :.....>>.Il' :lSM.~1' ~~Wi' ~'" 12M ~ ~o01-;Jq AI'PR ~!-- t2 ::;!:;.;; I it, PIII/III111 COIIIIII/SS/(lI/ lo,q~o 7 I"" Sign~l ~ ~- c., 1ll.lee, ~ THlStflAWN)_TIE~ OfTl1oIlT_Dlll9L_ A2,1 l:fIA_,." I'" lIESI~DIlY:~. OECIB)B~ 4- 1/4' = 1'-0" SEPT. 21,2007 12-11 ~ .... I i i ~ t 1 I ~, I -r:~_-::-=~___l~_~_!:~___~-=~ "-0' 7-0' 1. SECOND FLOOR PLAN API'ROVA FERNG Residence ChiawLun Femg 3. Hsiao-Chen Femg 21410 Vai Avenue Cupertino. GA 95014 AT Home Design ll1i_~_ !~Ql.1lIOI1 l'Nlll1Mll5l ...-- _.............n/iII RJ1t -.ROO"1 ; :; 9 f~~oo1-01 Al'lollnlNtix..e.1or1 lO - q -() 1 PIa/lllllit: C IFInlss/ml _ I.... Signelure tl 114'=1'.{)" In .& 'l'MSDItIlM'IG;AHDMN'C9IIoImalI ~";.~=~~~Im ~re~fH:::..RPLO\N A2,2 O/YoomfIY: !IV DESlGN!I)8\'; -~ CIeCIlBlBP. ~- SEPT. 21. 2007 12-12 .... 21390 Val Avenu. 21410 Vai Avenue 21430 Val Avonu. 2. ELEVATION - FRONT NEIGHBORS Rftf -J.OOh~q A!'f'ROV At R- JOO7 -0 J ltff"ktlWaf')MIW Plam:lllg Comllllssltlll (0 ~q-o 7 Ptle Sigl1alllC~ (Dko - Cas" IcltCt'r ~ 1. ROOF PLAN FERNG Residence Chia-Lun Femg & Hsiao-Chen Femg 21410 Vai Avenue Cupertino. CA 95014 AT Home Design ,I1IT__ S......,...,Cill..1IIII' l'OlII1__ ...-~ -"'MQ~ !>vow .!lli':':: ","_.,.-:.; :>.,..." ~"'~.;), -~ ;l!ltll',/,;T !1 "'5__.urtl1fE~Tnt ElC.OUO_"IITHE~ Clf1"llo.,.._Il......ZKlUO IUY..{"'^" H~'J..7IO'l_~R:IN'ME~~f!:l A3.1 DlMtlftnl DESlQEllIl'/: "'e CI'ECI(EOBY: ~7 118'=1'-0" SEPT. 21, 2007 12-13 2. SECTION $:z.r..crSUX'lHTUl.OT 1, SECTION , !TDPCW~1E I , , , -, il -: I' i! -I " -, .-+. t t I "! +-+ .f~~~., _.,......,-<",- =..:.-----~--'"-=~--.-=--.==---_.-"-""-~,~ """--. ~"^."~~';~.;;;~~~ ......,.~- t-W:160 7 ~ ~'1 APrRovALJl~:!:..QL Planning ComlllissloIJ 1),lt I I II I tl ~'KR~ I ~~ I I I t\ I i I.!F'ULOOII I I1 A TER BED 00 \,,',(,'~ ..--... ~ ________________l!:lfjl!?!!i~___________ __ ______1f-!:!9.!:3!!'I'!b~____ ___ LIVING ROOM .,. , 'I) , 'i.^,-,"",~. . , .. f ili"..__/\~ I - '-'7 I .......h_ ..,_._....,-.~_...."~--..,...,..-'''-..."....~'-..".---'''',...."...,..-'~...,,.-=-='-""'..,....,--',-.."..~.... .,"~~"'-,-......."'-'--- -."'-'- m';;~JttLf3-f '='-'.-ri~r~I~I~l~1~111 FOYER \_-_/~ 03 CAR OARAOE -.::1;;;'\._ BEDROOM 2 FAMILY ROOM n , i i ~I II I I I i .1 II I -\. ~a=PVlTE' 1I.UU1UU..IUUUIIU'I~ fi - -,- 'in t-r 1'1 . j' : r' " =<..... PATIO '.-'. i" ..... 'f:/' ~t~', "' \ , !........o '--- ~ TtPCFpulTEJ I I i il I i I ~I Nl..PLO:R1 l!lj , j :i );.! -j .L!~!tj .,.:- t" FERNG Residence Chia-Lun Femg & Hsiao-Chen Femg 21410 Vai Avenue Cupertino, CA 95014 AT Home Design 1.'n_..... t~Cll_ /4OIjtlll..IQ 1<<III:!4I.lI"'. ........-- ,~ {K,~v.o: il!.'oo.w iliI",-,\,t (lN1~....~ 114'= 1'.j)' & &, THSI:llAl'rRGIlND'IllI!~ f/O.IlSEDltEflEtll$'lMEPfIOPERI'J OI'ThoIJ.--",_rO srer.;:tC A4.1 -~ rsul.~~ ==~ ~ CKaIlOBT:: A- 1/4. = 1'.j)' SEPT. 21, 2007 12 -14 $211'-lI'IlI.l:lG,HT.UlMT U''''IIOOF~ $N'CUlG.Kf. 2IWJfUlIOM , , 1 I I I I I ~I 4~/1 ~I ~qf/ 11'-~FIN. I i r"<:::'~' "q,~~ I I ~! Ii ! i Iii ., I . , "' 'l. "I I ~ ! !iil ~I I' ~I I il ~: ) I ~! ~l ! I : 'J ., ~.,..""" ,q I --~---... I - ----- 1"-IO"t,!!.~-----;;lUCLA..) L--- 2. SOUTH ELEVATION r I II 1. NORTH ELEVATION : ~ I ~ l't,-... I~ ...,....... '~i1& ""l...,~ ,---~.", 'I' ! : t , I !I I l~ I IE i I; j l__.___Sl'llNE~ ~ L_.:;~~i ,>e:~ ~1~'.o' I , , : I I ~ II ~ , r......~~ ! ......~ , ", !----r--.:-4--+ I ",I 1 I 1 ~! 1 I el ~ 'I I ~I j ~\ I ~! l!l I III i ! I ~I I I $~~~HT. _L___ I I ,+- ..J.--.-- 11'-111' (GT Fl..) 2r.,tol2NlFLl FERNG Residence Chia-Lun Femg & Hsiao-Chen Femg 21410 Vai Avenue Cuperlino. CA 95014 AT Home Design '.'--..0.. f) q =:"1U'1 ~ a'OO 7 - c:l APPRO A~~D01-01 .".............. 10 -9-07 ..... Signalur 9"':"'7 0'1'.>;.-;..' ~E\Jl ~"l".,~n 114'=1'.0" & & T1tfill'llllWWlli.uCl"lll!~ ~_~.:.:'::"~~RlY AS,1 j I + DMMlIT: If{ CHlQEDIIY: 'l't ...'"", 114' = 1'-0' SEPT. 21, 2007 12-15 : 2I'.a' Bl..OG. liTo UlIT Z5'....lllD'lEatff $,.aCUll1HT. -.. ~WUH. ~ 111'.rCl1lG.IiT " II j L L-.STtlIIE.\9EElI. 2. SOUTH ELEVATION (SECOND STORY EXPOSED WALLS) $::==rr $lr-ll':LNGHTo ~,~ 1. NORTH ELEVATION (SECOND STORY EXPOSED WALLS) FERNG Residence Chia-Lun Femg & Hsiao..chen Femg 21410 Vai Avenue Cupertino. CA 95014 AT Home Design 1111__ =7: --- """"" ~~~.\I'T ~t ~~~'Ill' "",,1t;)!" w,= APPROVAl. Signalll 'nIl~WJIC~'!1oIE~ ~PnrGifD_INISl1t: OF'nooIl.T_ :lllOS A5.1b OF >1 1llUoWJIG:iI) OM",.." III OEllCH'OU: "t; ~lI'(:"7 1/4'= 1'-0' SEPT. 21, 2007 12-16 2f'.a'8l.DG,I(f,LlNIT 21'~lIODFtEI3HT ~~~JtG_Hr. 1l'-lI"FMI'\.. 1P'Qcu.G.HT. $"Qffl. /2N~ ~(()7- )/1 AllrROVAL ~-~fYl1~OI "'~II..KdI\.;f Pi~;mll!g C/)lIImJssIlIll I~ - 9- 0 7 !Wt St3naI1l~' Ii:. 2. WEST ELEVATION $:lI'.Q"lll.PG.HT.UMrr 2NI'ROOFHelGHT $I'-II'"OlGIff_ :lNtIf\,. "-QFlIVL lll'4'cunHT. 15TFt. 1. EAST ELEVATION -vJ fERNG Residence Chl.-Lun Fsm9 & Hsiao-Chen Femg 21410 Vat Avenue Cup.rtIno, CA 95014 AT Home Design Iftn....p~ ......,...,CAilIM1 ==,.. -- - n-~.jpl a~1lQ!" ~~ 1/4'= 1'-0' &. & 'llt5DMMIGN<<JMWtIlM,narl !IO.OIl!!D_IlI"M~ Clf-n....,._DoilF.200:5lO ~= A5.2 DF 11 DllII'IIDGISl DMoWNIY: IN _1I1r.~ CKCllEDIl'l AT 1/4'=1'.0- SEPT. 21, 2007 12 -17 10'q~HT. !\II 'f 1- ~'I " ~~ :;007~d9 APrROV.~L R~JoO~HJ I .r..j'pIk",~N......... FJillmillll COllfmlssloll /0 - q - 07 n,lt Sisn2lure ~j ~- CaJano:er (Jut.r ~ ffi 2. WEST ELEVATION (SECOND STORY EXPOSED WALLS) 28'.q'BlDG.HT.LlMIT 26'~' ROOFHEfGHr $,".rCl.l<<JIfT. 2IWH... 10'-4"Q..NG.!IT. ,~~ I I ti i .~-- IE '--../ & 1. EAST ELEVATION (SECOND STORY EXPOSED WALLS) FERNG Residence Chia~Lun Femg & Hsiao-Chen Femg 21410 Val Avenue Cupertino, CA 95014 AT Home Design 11ll1_~ Slftll'U.t:-.llIOl11 (<I(IIlNUllil: ='* ,- an""T 3....:.ll!' ~'iwt '~"'T !IY1~' 114' = 1'.()' &. & THSDlWUtl1o/IHDlHENal!Nlll::lH bG.csm_IS"!HEPRl;lI'l3m' OF'TIeAT_~2Im<O I&EW.~ AS,2b ~A:I.I'CI\ "fAA..~j'~ _Ire tN llE5IGr\EDBl:: "t' CIElCEll8l': AT 1/4' = 1'.()' SEPT. 21, 2007 12-18 LEGENDS: ~ /(--~1\\ { "~_.~ \ /'. .......'" ~( 1\'\," '-1"'1"'''' {E} TREE 10 REMAJtI (E)TREETOREMOVE o (NI10-GALLON TAMSAVlN.lJNIPER OR SHRUB o {N} 5 -GALLON MICS ROSES NOTE: PROVIDE DRlP/lRRlGAT1ON SYSTEM FOR All PlANTS ~-JC07-.2q APPROVAL R- ~ool-0 J ..,.......- Pia/wing CcwlIi/issl,m 10 ~ q~O J Ib,. Sillnalll~ PhuJ- c. M...;cr M t t ADJACENT RESIDENCE ~ 1. PLANTING PLAN FERNG Residence Chia.lun Femg & Hsiao~Chen Femg 21410 Vai Avenue Cuper.no. CA 95014 AT Home Design j&1l1-..~... I"""",*,C;I,\IIW I'OIlTalolllll flOI)~5MF<ol -- W :J Z W :i( ~- -, <( > &, &. THIDR.\WI'jGMII'TIE~ EPnOSEtlIge..ISMI'fOIERIY OFThlAT_~.,..:mas<O L.1 lIlM._~ m :o:~ 118' = 1'.0' SEPT 21, 2007 12-19 Grace Schmidt Subject: Linda Gohl [LGOHL@SBCGLOBAL.NET] Thursday, October 25, 2007 9:08 AM City Clerk Subash; Meg Stubblebein; John Stubblebein; Rick Bolander; Matangir; Govind Sethur; Jack Carter; Susan Lanser; Bryan Lanser Request for Continuance/Appeal Planning Commision decision From: Sent: To: Cc: Importance: High Dear Ms. Smith, On behalf of our neighborhood, I am requesting a continuance of our Appeal, submitted on 10/19/07, Application No. R-2007-Q1, RM-2007-29, regarding the home at 21410 Vai Avenue. I am requesting the continuance.because many of the neighbors that signed this appeal, and who will be affected by the decision of the City Council, will be out of town due to the Thanksgiving holiday. I understand that the appeal will still go on the calendar as November 20, whether or not the request is granted and if the request is granted, we would not be heard before December 18. Thank you in advance for your kind efforts in granting our request for a continuance. Best regards, Linda Gohl 12 - 20 1 ~ City of Cupertino 10300 Torre Avenue. Cupertino, CA 95014 (408) 777-3223 Exhibit A Ifl1 OCT I 9 ~7 = ~. ~1 r -:.i;;;.~>, \ ('1i .-_ ,j if j ~'./f . ~.!t~?~ .CITY OF CUPEItTINO CUPERTINO CITY CLERK 2. Applicant(s) Name: APPEAL It- 200-::+ -0 ( I r2..Vk ~ 260""-1 - Z'1 Ct-\ \ Pr L V JJr~ Cr- 1. Application No. . Phone Number 3O-Gk. Ccw;et,r, :Jo~l'\ S'tubb\e.b'M J fyv'fL'^- ~~). . (,oJ~~LI.r 1v'~CW11>-J ikv.+h.:!,IM."'-"(l' (l",J'....AI of~, ,<5 ) G,.o CLt \erA S h ~Y'\ . L\"",-V- f:kft-I ~ .'- . J 2 } 4 Il \! q ,I P4 voL t-t v~ ?.~ -, , ;l ";>. ~~ 3. Appellant(s) Name: . Address Email . . jc.. Co 'r:.. c::c..v~e c::::;.~ ~ co"",", 4. Please check one: Appeal a decision of Director of Community Development . ~peal a ,decision of Planning Commission 5. Date of determination of Director or mailing of notice of City decision: G-S och ~ J 2tJfJ 1 6. Basis of appeal: 5-e... e. .~ ~ QC k ...Q 01 (..e...+-f-e,y-- Signature(s) ~ Cbtfa..ul.rt.ed t(~ (/l.-C(~ ? ~ Please complete form, include appeal fee of$156.00 p:ursuant to Resolution No. 07-056 ($150.00 fQrmassage application appeals), and return U? the attention of the City Clerk, 10300 Torre,Avenue, Cupertino, (408) 777-3223, 12 - 21 Dear Honorable City Council Members, This is an appeal from the community of citizens who live on V ai Avenue. Many of us are long term Cupertino residents. Weare all taxpayers, and we vote in very high numbers. We also truly love the street that we live on, with its distinct rural feel and moderately sized homes that sit far back on the very large lots. Most of US were attracted to this street because it was like living in the country, away from the stresses and strains of Silicon Valley. Our street feels like no other in Cupertino - there are no sidewalks, curbs, or streetlights (except a rogue single light that provoked us to petition the City to designate this a rural area so that the "living in the country" feel would be preserved) and we all agree that the rural feel of the street is worth preserving for our children and for future generations. Perhaps that's why so many people in the surrounding commwlity walk down Vai and Columbus... to get a breath of fresh air, free of the encroachment of homes and cars. We must act now to prevent the construction of distastefully large mansions in one of the few remaining streets in Cupertino that harkens back to the true roots of the "Valley of the Heart's Delight". Currently, the "look and feel" of our neighborhood is under assault. \Ve wlderstand that our street is zoned Rl, and as such, a prospective builder can erect a structure that occupies up to 45% of the lot area. Unfortunately, in the case ofVai Avenue, this means that the 14,000 to 15,000 square foot lots found on our street can accommodate homes up to 7,000 square feet in size. This matter has been brought to a head by a family that has chosen to purchase one of the older homes on our street, and is proposing to tear it down and erect a 6, 677 square foot monster home. This house will be built very close to the property line, with a three car garage, a towering two story roof line, and large windows that encroach on all the neighbors' privacy. Furthermore, the Mediterranean design and style conflicts with the predominantly ranch and cottage look of our street. Even though this home was approved last week by the Planning Commission by a 2 to 3 vote, we believe that the Planning Commission failed to fully understand the negative impact that this home has on the essence of our neighborhood. Lisa Giefer also echoed our sentiments by voicing that she could not in good conscience approve this home because the house is excessively large for our neighborhood. . We also believe that this home does not fully cbmply with spirit of the R -1 ordinance. Specifically, the Rl ordinance has some tenets that deserve comment: 19.28.010 Purpose: R-l single-family residence districts are intended to create, preserve, and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of the residential neighborhoods; Clearly, the identity of our neighborhood, and the surrounding neighborhoods on Columbus and Krzich, is that of moderate sized ranch- style homes with a distinct rural feel to them. A modem, massive, pseudo-Mediterranean mansion does not "enhance the 12 - 22 identity" of our residential neighborhood. It in fact destroys it. A home this large and out of character with the rest of the neighborhood certainly does not "preserve" nor does it "enhance" the area suitable for detached dwellings. B. Ensure provision of light, air, and a reasonable level of privacy to individual residential parcels; The home that exists on the lot is single story and of modest size, set far back on the lot. As such, it provides much-treasured privacy, light, and air to all the nearby homes. Building a house that is three times larger than the neighboring homes, will decimate the sense of privacy, light, 'and air that currently exists. It will drastically and negatively affect the neighbors across from., to either side of, and behind the proposed structure. The neighbors to each side ofthis proposed home are extremely agitated at the encroachment that this home will cause, and it will definitely manifest itself in disharmony, Building a house tlus big, at the expense of the light, air, and privacy of the existing residents "just because we can" will ensure dissent in our commmuty. c. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods. As vaguely as this is written into the Rl provisions, we believe it is safe to assume that the term "a reasonable level of compatibility" could easily be defined by a layperson who might walk down the street, viewing each home individually, and not being surprised or shocked by the transition of one home to the next. The City is acutely aware that there is already one home that was built too close to the street (by mistake), and any resident on the street is painfully aware of how that particular home detracts from the neighborhood. The resultant strained relationship with this particular homeowner is something we'd all prefer to avoid moving forward. So would a person who had no vested interest in the neighborhood who is walking dO\vn the street for the first tinle state that the proposed home is "reasonably compatible?" We think not. It's 110t compatible in size. It's not compatible in placement on the lot. It's not compatible in architectural style. It is not compatible in the general sense of perceived mass. It is a behemoth of a house that is in conflict with the rest of the neighborhood in numerous ways. We are fully aware of the prescriptive nature of the Rl designation that governs the homes that can be built on our street. However, as residents and neighbors, we believe that this home is NOT appropriate for our neighborhood, and would like the Comlcil to suggest further modifications that can protect the rural feel of our neighborhood, respect our neighbors' privacy and quality of life, and preserve harmony in our community, We all believe in the rights of property owners. After all, we are all ourselves property owners. However, we also hold dear the rural look and feel of oUr neighborhood, the spacious lawns and landscaping that each home has, and the privacy that homes that average under 3000 square feet afford. The homes are set quite far from the neighbors, providing lots of living and breathing space in our neighborhood. 12 - 23 Unfortunately, the proposed home owners are set on building their "dream house," regardless of the negative impact on the neighborhood. Since the Planning Commission chose only to look at the FAR aspects of the Rl ordinance, we are asking the Planning Commission to overtum the approval, and help us protect our street by requiring the following changes: 1. Require that the home be placed 35 feet back from the property line to be more in hamlOny with the rest of the neighborhood and reduce the size of the second story so the impact on neighbors on Krzich is minimized. This will also help the home be generally consistent with the style of the neighborhood. 2. Change the roofmg material from "McMansion Tile" to either a 'composite shake or fire-proof cedar to make the structure appear less massive. 3. Change the building material from stucco to wood to soften the look of the huge home to give it more of a country and less of a Mediterranean look. 4. Consider reducing the overall home height by an additional 3 feet to reduce the overall mass and preserve the air of the neighborhood. 5. Consider requiring the home to be reduced to a maximum of 5000 square feet. The R-l design guidelines encourage the following for a new two-story house: "The mass and bulk of the design shall 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." Limiting the size of the new home will help to achieve this goal. Perhaps building down rather than up will allow the owners to ~ave a large home without sacrificing the neighborhood pattern. 6. Require privacy plantings be done before the home is constructed. Fence them off for protection and give them time to grow before the new owners move in. 7. Encourage standard size windows in the rear and either side of the home to maintain neighbors' privacy. Thank you for your consideration of this matter, and for preserving the rural look and feel of our treasured neighborhood and community. Signed: 12 - 24 Appeal to City Council Letter Signa,tures, Continued: . ~ c.1<-{11 JAI 1l.y,)J'L ~sg~ '2t1U1 V:,: ft:0- . ~ !]~ ='J37J V~ "7 (~ "3 -=s. if 0..'; l\'~ . ~~ >/2-fl /f~bW6 h . ~ ~-::Y'U-Ie, .::2./5 S'l 0-,' A {/ (< fr-f j'-' 1'1f f/ I Vt:. .J:. / J> 0 WYJ ifr (f >'C'iI-(j;L ./ ~.. ~~~ :<11~ V~ /hK. Or ~/"""- ~/3 70 ~ ~. PN ~'tv.. t Cv ~ 2- \ l-J 11 u, Lv-c W\- ~ f1v e .'R~ y~ ~o()e~i',~~AtJ1'\S J\3\\ tDLvHf>vS f\V~1 ~ ~ 2-,3g-"1 kv:z-ict, pl,,-"-l '2-t Lf 91 V~ ~ d/97/ 2/d-c;' ~ ' 12 - 25 >fl:i310 AJ.IO ONlll::f3dnO Appeal of Proposal for <.: 21410 Vai Avenue, Cupertino, CA November 13, 2007 ~ toOl r I AON lU1 \W 3J b\\ ~ 3J ~ 3J (QJ Our Neighborhood We truly love the street that we live on, with its distinct rural feel and moderately sized homes that sit far back on the very large lots. Most of us were attracted to t~ls su'eet because it was like living in the country, away from the stresses and strains of Silicon Valley. Our street feels like no other in Cupeltino - there are no sidewalks. curbs. or streetlights (except a rogue single light that provoked us to petition the City to designate this a semi-rural area so that the "living in the country" feel would:be preserved) and we all agree that the rural feel of the street is worth preserving for our children and for future generations. Perhaps that's why so many people in .the surrounding community walk down Vai and Columbus... to get a breath of fresh air, free of the encroachment of homes and cars. We must act now to preven:t:the construction of distastefully large mansions in one of the few remaining streets in Cupertino that harkens back to the true roots of the "Valley of the He3.lt's Delight". We all believe in the lights of property owners. After all, we are all o,urselves property owners, However, we also hold de3.l" the rural look and feel of our neighborhood, the spacious lawns and landscaping that each home has, and the plivacy that homes that average under 3000 square feet afford. The homes 3.l'e set quite far from tbe neighbor~, providing lots ofliving and breathing space in our neighborhood. . The R-1 Zoning Code From 19.28.010 Purposes: R-l single family residence districts are intended to create, preserve. and enhance areas suitable for detached dwelling in order to: A. Enhance the identity of residential neighborhoods; B. Ensure provision of light, air, and a reasonable level of plivacy to individual resident parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods, ': D, Reinforce the predominantly low-intensity setting in the community. From 19.28.060, Paragraph C-1-a: The mass and bulk of the design shall 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; 12.- 26 Page 1 . .. -_.~._. -~_.".~ From 19.i8~06Q, Paragraph H: Second story decks. . An new or expanded second story decks with views into neighboIing"residential side or rear yards shall file for a Minor Residential Pennit, subject to Section 19.28.090dn order to protect the privacy of adjoining properties. The goal of toe pe.nuit requirbncnt is not to require complete visual protection, but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. This section applies to second-story decks, patios, balconies, or any other sim.ilar unenclosed features. From 19.28.060 Ulndscape Requirements: To mitigatc'pri vacy hnpacts and the visual mass and bulk of new two-story homes and additions, tree andlot shrub planting is required. The intent of this section is to provide substantial screening within three years of the planting. From 19.28.060 lWillor Residelltial Permits, B-3 and 8-4: 3, The -proposed 'project is hannonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. The Proposed House Address. 21410 Vai Avenue, Cupertino, CA Size The proposal is for a two story house of 6677 square feet. Front Setback Proposal is for a front yard setback of 25 feet. Side Setbacks Proposal is for both side setbacks to be 10 feet. Back Yard Setback This is unknown at tiTne of writing. I can't read it off of the plans. Perhaps a site plan should be induded inevery set of plans, with measurements on it. Height Proposal is for a total height of 26 feet, 8 inches. Drawings Drawings have been distdbuted at every meeting, and will not be included here. 12 - 27 Page Z The Neighborhood's Objections Too Big At 6677 square feet this would be 1477 square feet larger than the next largest house, and 2598 square feet larger than the next largest house below that. The average house size is 2539 square feet. The proposed house would be 2.78 times as large:~ the two houses on each side of it, and 2.63 times as large as the average house size in the neighborhood. This is quite large enough for this house to be imposing on its immediate neighbors. They would have a feeling of being overwhelmed by the size and mass of the proposed house, Architectural Misfit The proposed house is designed in a "Faux MediteITanean" architectural style in a neighborhood of ranch and cottage style homes. It simply does not tit. Encroaching on Neighbors The proposed house is too close to back yard neighbors and too close to its side neighbors given its imposing mass. Plantings needed to screen neighbors The proposed house requires mature trees and a larger setback from its neighbors in order to reduce the overwhelming and imposing feel of it. The Data & Analysis House Sizes House sizes and lot sizes were gathered from wVl'w.zillow.com. This is a real estate information site that gets its size data from the county GIS database, and its price data from the MLS listings. These are in a table below. Some statistical analysis has been done, and it is described below. Distribution of House Sizes This table shows all of the houses on Vai and Columbus to tlle East of Bubb Road. Number Street 21491 Vai Ave 21471 Vai Ave 21451 Vai Ave Square Feet House Lot Size 2794 14810 1834 14810 5200 14810 12. 28 Page 3 21431 Vai Ave 1275 14810 21411 VaiAve 1957 14810 21391 \iai Ave 1347 14810 21371 Val Ave 1491 14810 21351 VaiAve 1374 18730 21353 VaiAve 3742 16988 21333 Val Ave 2332 8276 21313 Vai Ave 2410 6098 21490 VaiAve 2769 14810 21470 VaiAve 3838 14810 21450 VSii Ave 1564 14810 21430 Vai Ave 2455 14810 21410 Vai Ave 1430 14810 21410 VaiAve 6677 14810 21390 VaiAve 2352 14810 21370 VaiAve 1908 14810 21350 VaiAve 1932 14810 21330 VaiAve 1205 29620 21490 Columbus Ave 2103 14810 21470 Columbus Ave 2293 14810 21450 Columbus Ave 2610 14810 21430 Columbus Ave 2304 14810 21410 Golumbus Ave 3674 14810 21390 Columbus Ave 2657 14810 21370 Cqlumbus Ave 1935 14810 21350 Gqlumbus Ave 2430 9583 21330 Columbus Ave 2106 9147 21310 C61umbus Ave 3064 11325 21491 Columbus Ave 2271 14374 21471 Columbus Ave 3450 14374 21451 Columbus Ave 1644 14374 21431 Columbu~ Ave 3220 14800 21411 Columbus Ave 2374 14374 21391 Columbus Ave 3061 14374 21371 Columbus Ave 4079 14374 21361 Columbu~ Ave 1581 11761 21351 Columbus Ave 2504 11761 21341 Columbu~ Ave 2249 12196 . . . 21331 Columbus Ave 2184 14810 21321 Columbus Ave 2662 10890 21311 Columbus Ave 2082 12196 21301 Columbus Ave 2719 12196 21291 Columbus Ave 2531 12196 Av.erage: . .' 2538.733 14103.04 Std Dev: 1022.929 3266.622 12 - 29 Page 4 Statistics Given the above sample average and standard deviation. the proposed. house square footage is 4.05 standard deviations from the average. This means that with this probability distribution, the probability of a new house being larger than the proposed house is 0.000026. This can be expressed as a percent as: 0.0026%. (If I were to give you that percentage of $10,000.00 you would get 26 cents.) The following bar chart is another way of seeing just how far outside .the norm the proposed house is. The following table shows the number of houses in each 250 square foot interval from 1000 square feet to 7000 square feet. Num Floor houses Area this Floor area Group area less than Num. 0 1000 1 1 1250 2 5 1500 3 3 1750 4 5 2000 5 5 2250 6 9 2500 7 6 2750 8 2 3000 9 3 3250' 10 1 3500 11 2 3750 12 1 4000 13 1 4250 14 0 4500 15 0 4750 16 0 5000 17 1 5250 18 0 5500 19 0 5750 20 0 6000 21 0 6250 22 0 6500 23 1 6750 24 0 7000 25 0 Above 7K 26 The group number (or bucket number) is on the horizontal axis, and the number of houses in each bucket is shown in the veltical axis. The chart is on the next page, 12 - 30 Page 5 10 9 8 a 7 G () >. I:) 5 ~ 4 Q" & 3 2 Frequencies In Floor Area Groups :._:,_:---.---~----_.._---- --c-------.---.-.__________~-~_.______ ~ o 3 5 7 9 11 13 15 17 19 21 2:3 25 Floor Area Groups 12 - 31 Page 6 Conclusions In the chaIt we can easily see that two houses are out of step with th~ neighborhood. The tirst one is in bucket number 18 and the second one (the proposed house) isiri bucket number 24. The main group ends at bucket number 14. These large gaps visually show tllat both these houses are out of step with tlle neighborhood. The Neighborhood's Suggestions Prescriptive - Quantitative The planning commission said several times that the R-l code was ~:prescriptive." It was said in a context that implied that it covered ONLY tlle 45% FAR nlimbers. Prescriptive - Qualitative There are several qualitative requirements of the R-l code that have been quored above. and include: E. Enhance the identity of residential neighborhoods; F. Ensure provision of light. air, and a reasonable level of pIivacy to individual resident parcels; G. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods. H. Reinforce the predominantly low-intensity setting in the community.. And: The mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattem. New construction shall hot be disproportionately larger than, or out of scale with, the neighborhood pattern in temlS of building fomls, roof pitches, eave heights, ridge heights, and entry feature heights; We believe that these telms are also "prescriptive" even though they are not quantitati ve in nature. They are however the requirements for the creation of a neighborhood that is . comfortable to live in. Our Request We request that the city council take the following steps: The front setback Require that the home be placed 35 feet back from the propelty line to be more in harmony with the front setbacks in the rest of the neighborhood. Size & Bulk Require the home to be reduced to a maximum of 5000 square feet. Pagb~ 32 Reduce the size of the second story so the impact of the bulk on neighbors on each side, across Vai A venue, and on Krzich is minimized. This will also help the home be generally consistent,vith the style of the neighborhood. Siding Material Change the siding material from stucco to wood to soften the look of the huge home and to give it mor~ of a country look and less of a Faux Mediten'anean look. Roofing Material Change the r60fing rhaterial from the proposed bulky tile to either a composite shake or fire-proof cbdar to make the structure appear less massive. Height Reduce the overall home height by an additional 3 feet to reduce the overall mass and preserve the air of the neighborhood. Deck & Windows Require standard size windows in the rear and either side of the home to maintain neighbors' pri.vacy. ..' Require tha.t. the plans remove the deck on the rear of the house. Existing Trees & ~hrubs Note that the 'existing trees and shrubs are not being watered, and in a few cases they have died. This will make the job of screening the neighbors much harder, since in one case the dead tree is one of the trees that is specifically called out on the plans that the Planning Cornmission approved. Privacy Planting~ Require privacy pJaIitings be done before the home is constructed. Fence them off for protection a~,d give them time to grow before the new owners move in. Attached Data List of houses and sizes Petition from N~ighborhood Spreadsheet This is attached in a CD in MS-Excel fonnat. 12 - 33 Page 8 November 13, 2007 f5}lE ~ lE ~ WI [E rR\ ln1 NOV 1 3 2007 lW Linda Gohl 21411 Vai Avenue Cupertino, CA 95014 CUPERTINO CITY CLERK City Council Members City of Cupertino, 10300 Torre Avenue Cupertino,CA 95014 Re: Planning Commission Resolution No. 6488, Application Nos. R-2007-01, RM-2007-29, 21410 Vai Avenue Dear Mayor Kris Wang and City Council Members, Please find enclosed a petition, which we have circulated to Cupertino residents. This petition is asking the City Council to enforce all parts of the Rl ordinance including the following aesthetic measures that have been overlooked in the past. The Cupertino residents who have signed our petition believe that and we ask that the City Council behave responsibly in interpreting the Rl ordinance, which includes the following: To comply with Rl guidelines a home must: · Enhance the identity of the residential neighborhood. · Ensure the provision of light, air, and a reasonable level of privacy to individual parcels; and... · Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods. ., What we have learned in this process is that many residents of Cupertino are concerned about the construction of overly large homes in established neighborhoods where the size is incompatible with the existing homes. Judging from the number of recently constructed homes we see in our city, that stand out in stark contrast to surrounding homes, we feel that the city is not upholding the spirit of the Rl ordinance. We are enclosing a petition asking the City Council to not only enforce the prescriptive nature of the Rl Ordinance but also the aesthetic guidelines, as stated above. We feel that this portion of the Rl Ordinance has been constantly ignored and plans for new and remodeled homes have been approved without regard to compatibility in scale. The proposed 6,675 square foot home on Vai A venue is on a street where the average home size is 2,482 square feet does not comply with the Rl Ordinance. We ask that the home be reduced in size so that it ensures a reasonable level of compatibility and scale with the existing neighborhood. 12 - 34 L '''~ A-. <4~ ~ \ We, the residents, taxpayers, and voters of Cupertino do not believe that a home that is 273 % larger than the average home in our neighborhood is "reasonable" nor "compatible". We ask that the City Council take appropriate action to prevent "trophy mansions" from destroying the look and feel of our neighborhoods. Si ature Printed name Address L>~ r-.. _______u_ __ __'/_ - - LJ,--R.... ~IlL&t1(C \J ~ l~ . Av-e Ke~ u{2.A 2\~1v \j;' Aie.. 6E. tV C~~t0b Zi6Q, V(\\ ~ ~ -Z (]3] YQ/ Ii- l ( N OA G-v I-tL 2-1 v ff 'Ie-,' ~o~E.t.\ ? ~I\N\\~ c,k !7?AItf k L e .12 - 35 We, the residents, taxpayers, and voters of Cupertino do not believe that a home that is 273 % larger than the average home in our neighborhood is "reasonable" nor "compatible". We ask that the City Council take appropriate action to prevent "trophy mansions" from destroying the look and feel of our neighborhoods. Si ature Printed name ~:___M~ s, Ct:i.4-t--.l~~1<.>>-&-R.4 Address a 1 ~I '6 V4-t A-vb . 2 \ 3 b \ Co lL{y\~)'1 ~ . -SU/VD ~ I\IA~r/ '-I~ r-/ 2/32/ Co/~~ 21 ~fl--I Co I),un t {A/J r ((I C Jvorz...~AJ 1. \ ') 3~ COLu,h ~v') cJ a 1350 ~ L:NDtr :</tf7o r:2 (13 ( . ;; /~ li/i ~~ <;;f? f 1>)~ 'itA/I t./J#j I '2-11..;11 C-oUfl4J, 12 - 36 We, the residents, taxpayers, and voters of Cupertino do not believe that a home that is 273% larger than the average hOlne in our neighborhood is "reasonable" nor "compatible". We ask that the City Council take appropriate action to prevent "trophy nlansions" from destroying the look and feel of our neighborhoods. Signature Printed name Address ~ c;: -e-r/ J' f.,."t r", '"'- I---- ~ ( LFJ 'i r I(~z. c ( }'11. ;,j ~~IV 6b1~I,.uj r4sJifuaN 2-\'311 ~-uaf B ~_. ~t1 h 5H-z3 r=..,,J 2.,1 3 77~'R:eJ JJ PL ~ /~. KUcfi,MjkTW<-v 14~fkcp.~ 4., ~~_b6 CA<k1 }ft[(Z l?ose{;~ &rj ~A~) C~vf",&.tb~d ['11? ~-{C;~L IJj~/"eI~ 11ft !iiJ~L" ~~. ~%~~~~~. ~'V+,,; c..', ~ a mfY\ ~r'" r{\ CvV\ I ~ t1l.s. 0' j~u } lc{L.?p~('c.. fl ~T ~ ^,r~ ~!\~ 1~~~VljV\. ltA elrp~t--f ~.. ~ 1t2.I1NA .".,a. c}n.)')-~""~( y( :' .', ' ~;:L~C~I~' 12 - 37 We, the residents, taxpayers, and voters of Cupertino do not believe that a home that is 273% larger than the average h0l11c in our neighborhood is "reasonable" nor "compatible". We ask that the City Council take appropriate action to prevent "trophy nlansions" from destroying the look and feel of our neighborhoods. Sign~ture Printed name Address ~~ ""'t.-\~ SS~ \J\ \}r sJ~\~ 217(,7 4rr6.ct hr: p. -- ~O. ~ 0 b..tl+ !) Htl u:~ fr~ Dr. --- )/~~ r-flO71u'k tJ/f-1\! 0 I { 06 I ~~",4.. /iArc S~. --- '7L (YL -<.L-: ,t/4--i:' ~ t1..2-1 cH PLA C-e 2-( 40 f' IL'tzl C H fL,4C<E' 12 - 38 We, the residents, taxpayers, and voters of Cupertino do not believe that a home that is 273% larger than the average home in our neighborhood is "reasonable" nor "compatible". We ask that the City Council take appropriate action to prevent "trophy mansions" from destroying the look and feel of our neighborhoods. Address elL.{)l \10.(' Ave. .e.vf;\f1o Y11~~cML c Y l! J. T ()) /37/ ()~~ 12 - 39 We, the residents, taxpayers, and voters of Cupertino do not believe that a hOlne that is 273% larger than the average hOl1le in our neighborhood is "reasonable" nor "compatible". We ask that the City Council take appropriate action to prevent "trophy mansions" from destroying the look and feel of our neighborhoods. fl.~. -,~.fJ . Printed name Address i C41M eQA.. '€ ~,~ R~Ill~~1 ElA"2A8~ ~R4 ~ 1'1 'It ~e ;~ P). ,""1'1 f't · fi, 12 - 40 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3223 Exhibit B " ~ - Nf""\ ("l~ CL~RK J CUPE~~\:_'~..~~ T .crtv OF CUPEI(fINO APPEAL Email fJ-2oo?-o/ ~ R/(~2oD7-21 I ,/) a- / I t hit). -C(J YJ r.eyn! . tJ,'4-1/J/1 rvnJ ) !If/a." -~. Fev'j //IW ~ [,h,' /1tre [;f-erf/nil (bOcf - ~-? - 31./;> -6 ~ . JernJ r:; r:: @ ~o.b.oo. com_ 1. Application No. 2. Applicant(s) Name: 3. Appellant(s) Name: Address Phone Number 4, Please check one: Appeal a decision of Director of Community Development (/1\.ppeal a decision of Planning Commission '5. Date of determination of Director or mailing of notice of City decision: (/('-F' 10-1 ~') / 6. Basis of appeal: -8<2" e<ft,.,d e".{ (witey._.1 f4b to.) U nr~ ') . Signature(s) ., 12 - 41 Dear all City Council members, After eight months spent on the second design of our house, we are so pleased that it has been favorably considered and approved by the City Planning Commission in the second public hearing as evidenced in Resolution No. 6488 on October 9,2007. Section II of the resolution has' rightly stated: The proposed design 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. We are in the process of making the necessary revisions to the plans to reflect most of the final directions from the Planning Commission in the resolution. However, there are two items that we wish to be reconsidered: 1. The 25 feet front setback; 2. The Entry top of plate is 12'-9"; the top rafter ofthe Living Room is 15'-0". We are aware of the fact that we are proposing a large house, so we agree to make the 25 feet front setback instead of 20 feet as allowed in the Cupertino City single family R 1 ordinance. Also, we have decided to locate the Entry top of plate at 12'-9" height instead of the ordinance allowable 14'-0" and the top rafter of the Living Room at 15'-0" instead of the ordinance allowable 16'-0". We believe the long list of changes as requested in the most recent neighbors appeal has gone far beyond the requirements in the single family R 1 ordinance, seriously intervening in the enforcement of previously set regulations, and will negatively impact the smooth development of the area to the detriment of all concerned. Thank you for your kind consideration of our proposals. We are confident that your favorable decision will give the future of our city a boost that may improve the general appearance of the neighborhood and enhance the property value of the whole area. Best regards, Chia-Lun Ferng ~/ / Cava- 12 - 42 21471 VAl AVENUE ~ VAl AVENUE - .__...,.r.., . _ "" -.....~ . -.- .".- ':'_..oJ~ _,.-"'~~":~'_--:'~.~- '_' ":--~..... _." -..-....-- .,...,....,."..~ ..........~ ~.~,..., . -'!""":~......_-.- ~"".'~lI'!"""'ii'iV"'~'=12-'43~ _. c.."'~'~-J:> ''''~ ,,~.,..~ n. ~ '~'-~i~~~'-' ,~ Jll' :' ~-'. ~- .'" .,. ,..,.. .~ ~ . J '.'l.'! .:.' l~ -. ~~ ~~",~ ~ i~.. 'J ~ j) . ~~..:2~'~:~;:'~r-l ~- <> '.~ ;a - ..~. ....~~~ - . < ,-. ..' ,;(i~'. < .. .I, ".. ....:"".J;.;...~....~~".~.. . :. (lilt )-. .~~o;;~. \::;~/~;,i\:~~k~ It "':~l I '0 - ~'t!;;. ~~'M:'2~{ .;.,~~~. ; "-..... :"'~U:Jg;':'. ~:'..,..3c:.~ i: f"",.';;.\ #.{I. ':- ,.. ~';"- J, "" "".!< ,~ _; _~" , ."'" ~ _ ~." ' '.., ....f"W ''''.l~' ~ };,." ';';~,,. .;'~, .' . . ;:< ,._.., '.,: '~:'::~i: :: ~;, : ~~,:'i'i;~ ." - . . . , .~~., .. - >It----... J I - ".' -;'--~.. ~ J ~ ...._~~. ~~{"::'~:'t"., ~~~ ~~~rt ~ ~ --- , - '~"""-.-..--:.. -'-. - '-O-~'" ._"". .....;......~~-~.._.- . ::r~ 'ij~ . (~; '. . "I' t"l~?!;J'... ,_. _...,.... ~,~. ,...,.J> ,-c. .. .- '" /!-. , .~ I. . .' -----',- "~'. 0"'10. -I' ~. - -" -.. ..~--- ::::-~~~~~.'-~ '-!""t"' ~'E" ~ . ...'. .,- ... ..- ... -/-. - ..~7J -.1 ~ fD)le~le~\Y1le~ l1l1 NOV 1 3 2007 lW CUPERTINO CITY CLERK City Council Appeal November 20 21410 Vai Avenue Applicant: Chia-Lun Ferng & Hsiao-Chen Ferng Prepare Document 12 - 46 Dear honorable City Council members, First of all, to clarify, we are aware of the fact that we are proposing a very large house. We don't feel ashamed of it or embarrassed about it because my family and I have the need for it. This is precisely why we paid a premium and bought such a large property so it will allow us to build a large home and at the same time conform to the City's rules. If we only have the need for a 3,500 square foot home then we would of spend a whole much less and bought a 8,000 square foot lot. Our neighborhood has lots upwards of 15,000 square feet. There are not many large lots R110ts left in Cupertino, so where else can you build a large house but here? So we've considered reducing the house size but decided not to. I think it would be unfair for other home owners in the City to be able to maximize their square footage. when they are on smaller lots while larger property owners like us have to limit their house size. We get the sense from some of the comments expressed by our neighbors that we may be insensitive and disservice to the neighborhood. But, let me emphasize again, the house that are presented in front of you conforms to all of the City's rules. We are law abiding citizens just like the rest of our neighbors. After we bought this lot with old drawing in February, we heard some noise from the neighbors. Then we decided to spend more time and money to re-design this house. But after 8 months, this application is still on the planning department and we feel like stuck between a rock and hard place. For the past 8 months, we have worked hard with the city planner and planning commissioners to make multiple revises. Now our neighborhood way is more beyond the city rules. We respectively ask that City Council members hear about our voices and not to reduce the house front setback; living room height and entry height. Please follow the city rules let Cupertino keep growing. Sincerely yours, / Hrao-c.,en Ferng _ /~j'~_._ 0t/7 12 - 47 21410 Vai Avenue Revises Listing THE PLANNING DEPARTMENT COMMENTS DATED ON APRIL 30TH, 2007 -- 1. The recessed wall of the three-car garage from the rest of the house. The garage wall is recessed 2 feet from the rest of the house. 2. Second story recess from the ground floor at the dining and kitchen corner. The master bedroom is recess 7 feet in front elevation and 2 feet in right elevation. 3. A wrap around porch extending. The porch is changed to look alike the house that you show the style to the owner. 4. The mass and the height of the entry. The height of the entry is 13'-10" at the plate. There is no more baluster at the entry. 5. House materials. The roofing and walls is matched with the neighborhood at 21430 Vai Avenue, and the entry porch is similar with the house that you gave the recommendation. Also the stone veneer is added on the exterior wall bottom parts. THE HEARING PLANNING COMMISSION COMMENTS DATED ON AUGUST 28TH, 2007 -- 6. The project is required to submit a final privacy protection-planting plan consistent with the R 1 privacy protection ordinance. The privacy protection plan is provided and shown on sheet L.1 with Planting plan. 12 - 48 I 7. Introduce natural building siding materials along the front elevation and portions of side elevations that will be visible from Vai Avenue. The materials are provided and shown on sheet A5.1 with North elevation, 8. Revise the design of front entry canopy columns to be more consistent with the rural character of the neighborhood in terms of shape, size and/or material. a. The column shape, size and material is repeated from the column of the house that is right on the left hand side (21430 Vai Avenue) and shown on sheet A3,1 with Elevation-Front neighbors and attached-photograph. b. . The top of plate at the front entry canopy is 12'-9"<14'-0" and shown on sheet A4. 1 with Section. c. The natural stone veneer is used around the columns base and shown on sheet A5.1 with North Elevation. 9. Provide additional projecting architectural elements such as wood trellis, corbels, reveals, and trims that are made of wood or hardi-wood to help soften the look of the building. Additional projecting architectural elements such as keystone, trim, corbel are provided and shown on sheet A5.1, A5.2. 10. Delete the turret stair element. The functional turret stair element is removed and replaced with two skylights. 11. Set the house back another 10 to 15 feet to be consistent with the setback pattern of the neighborhood. The 12' width front entry canopy setback is 25'; the rest of the house first floor setback is 30'-4" at Dining room/Living room and 38'-4" at Garage; the second story setback is 37'-4" at Master bedroom and 64'-10" at Study room. Also, the rear setback is 34'-9" at the Patio- the neighbor who live in the rear of this house does not want this new house is too close to her house. All dimensions are shown on 12 - 49 2 sheet A 1.1 with Site plan and sheet AD with Floor area ratio - Lot coverage. 12. The third car garage shall be set back at least one to two feet further from the rest of the garage wall plane. The third car garage is set back two feet from the garage wall plane and shown on sheet A2.1 with First floor plan and sheet AS.1 with North elevation. 13. Change the size of master bathroom window. The third car garage is set back two feet from the garage wall plane and shown on sheet A2.1 with First floor plan and sheet AS.1 with North elevation. 14. Delete the master bedroom window. The third car garage is set back two feet from the garage wall plane and shown on sheet A2.1 with First floor plan and sheet AS,1 with North elevation. THE HEARING PLANNING COMMISSIN COMMENTS DATED ON OCTOBER 2, 2007 --- 1. PRIVACY PROTECTION 2. REAR SECOND STORY BALCONY 3.' FRONT YARD TREE 4. PRESERVATION OF THE OAK TREE 5. ENTRY CANOPY & LIVING ROOM PLA TE 6. FRONT YARD SETBACK 12 - 50 3 Roof & External Wall: All most newly build second story houses in Cupertino cover a roof with tiles and external wall with stucco. Stucco is more economy and durable. To analysis and compare with the similar residences ofVai Avenue; Lot Size = 15,000 sf & Front Footage = 100 ft Total has 15 Houses Material of External Wall Number of Houses Stucco 9 Stone 2 K\Tood 1 Stucco & Wood 3 Please see Map#1 The newly or remodeling houses in the Vai Avenue and City of Cupertino, they used the stucco as external wall. This is a new trend. -- Neighbors require an additional 3 feet of the overall mass: Functional Problem -- Second floor ceiling is designed 9 '-0" height. If we reduce 3 feet more, then the 6'-0" ceiling height is not qualify for the living space.. More over the maximum building height is only 25 '-8" now, while the city ordinance allows up to 28 '-0' height. 12 - 51 I Analysis - Vai Avenue Material Wall External ~ ~t()n-e. g St:n~e/) -l 1iJ1J~,f ~ WooJL 0 sf", G c.tJ '~ 1/1'/11/, / / I , ~I ~ a" , / I " t , r AVl 11~ :f 1 ,. .. '1 ," I~ , '/ .... , 1 " "," . ~"~,~~f~..~.t'..~".r;"~-".I u ~ ,.. w ., ~ I , '.. / I , ,t J:'" "- {' "','1<.., ~ .'....)(" " ....)t.. '- '. )' .J'-...... . ~ '-"-.c~ ~ ''':l., ~..t~A -")... ............, t\ . I , \-tIll , PlWW 71j<~/ ....... j f ,,~.., f ".;""'-~,""" o .... ... '- r..,Z 1/ ~. l ...../ ~. I....' l ,'" 0/. ,,"-. I .... 'l' I B ~ ~ , (11 ~ tI Entry & Living Room: The City Ordinance of the top of plate at the front entry canopy is 14' -0". The City Ordinance of the top of rafter is 16-0"'. Entry Living Room (top of rafter) City Ordinance 14'-0" 16'-0" Owner Original Design 13' -10" 15'-10" Owner Design Revised 12'- 9" 15'-0" Planning Commission 11'- 9" 14'-0" Required Entry: The City Ordinance requires the top of plate at the front entry canopy is 14' -0". We provided 12' -9" is much lower than the city ordinance. Please approve the entry height for 12'-9". ~ 12 - 53 f- r-- ~-...:::::--.... ~~ r1:: . - .4 .. "-~M1. -~ . .-~ .y. -~.~ . .'. I '- -.. ...:::,:...;.,; Trend of Entry and Roof Material- Cuertino's Newly Built Houses - _j2_~51-_ _ .-- u, , -- Trend of Entry and Roof Material- Cuertino's Newly Built Houses 12 - 55 ~ r .~; - ~.;.,,~ . --::..-.,; ~ Trend of Entry and Roof Material- Cuertino's Newly Built Houses 12 - 55 " Front Setback: The City Ordinance of the front setback is 20'-0". Our original design is 23' -6". The planning department required changing to 25' -0", The Planning Commission required 30'-0", but our neighborhood wants more. To analysis and compare with the similar residences ofVai Avenue; Lot Size = 15,000 sf & Front Footage = 100 ft Total has 15 Houses Front Setback Number of Houses 16' -0" - 26' -a" 8 30'-0" - 33'-0" 6 38'-0" 1 Please see Map#2 It is very clear that the majority and newly houses in the Vai Avenue their front setback within the 16'-0" to 26'-0". Consideration from the street center to our property line is 33' -6' plus our front setback 25'-0" is 58'-6". We believe it is good enough. Also we still need some distance for our rear side of neighborhoods. Please approve the front setback for 25'-0". We want to emphasize again. We are honest residence of Cupertino, and following the entire city ordinance to design this house. We hope the City Council members can insist the city ordinance and stand with the right of new house owners to approve our application. 12 - 57 " Front Setback Analysis - Vai Avenue D ,6' ~ ~6 ' r;plft ~,t tittle J\VI 7 - .. ~...~..:iO~-iIt."""'~ J' :4' ~ 'I- f l. 2 lIM o , r I,. ~ ..... J Ii' ,I/- " ,~ ...:( V\ I "" t. " ~""~~l ,~" "'-" ... 'I ~.......,.-~ B I l". I II f :lrD \\ ~ .1' ~ I\) , 01 ex> IP./~p # 2 ~ N , 01 <0 ~ Exhibit C CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: R-2007-01, RM-2007-29 Applicant: Chia-Lun Ferng Property Location: 21410 Vai Avenue Agenda Date: October 9, 2007 APPLICATION SUMMARY: Director's referral of a Residential Design Review fora new, tvV'o-story 6,677 square-foot residence and a Minor Residential Permit to construct a front and rear second story deck. RECOMMENDATION Approve either one of the options provided by the applicant (Option A or B) with the staff suggested conditions of approvaL Alternatively, the Commission may require additional changes and incorporate them into the conditions of approval. BACKGROUND On August 28, 2007, the Plam1ing Commission considered this project and directed the applicant to revise the plans in order to reduce the visual impacts of the proposed house and be more compatible with the immediate neighborhood. ll1e details of the applicant's revised plalls are discussed below. DISCUSSION PLANNING COMMISSION In response to the neighborhood input received at the August 28, 2007 hearing, the Conunission directed the appliCallt to further revise the proposed plans primarily to address visual mass, neighborhood compatibility and privacy impact concerns, The Commission's directions were as follows: Visual Mass 1. Delete the second story stair turret element. 2. Push the house back so that the front setback is increased from the proposed 23'- 6" to 30'-0" from the front property line. 3, Plant additional trees to screen views of the house. 4. Lower the entry feature and living roorr:t plate by 1 foot. Neighborhood Compatibility 5. Revise the front entry canopy columns to be more consistent with the semi-rural character of the neighborhood (material and style). 12 - 60 , -I R-2007-Ol, Rlv1-2007-29 Page 2 October 9, 2007 Privacy Impact 6. Provide'privacy screel1ing plan according to the Rl Ordinance. The Commission also asked the applicant to consider reducing the size of the home. APPLICANT'S REVISED PLANS TIle applicant has revised the drawings and provides the PlaIu1ing Commission 'ivith tvY'O options on entry colun"in design and garage trirnnling treatment. The revisions are summarized as follo\,'.'5: Visual Mass Second Story Turret TIle second story stair turret feature has been deleted from the plaI1S. As a result the maximum building height has been reduced from 27'-10" to 25'-8". I I I ~ ~ J --. , ~~::-'I , Revised Elevation Front Setback TIle house has been pushed back another 2'-6" (from 23'-6" to 25'-0" - measured from the front property line to the entry element or from 28'- 8" to 30'-4" - measured from the front property line to the nearest wall plane). TIle project architect has confirmed that the homes immediate to the west (right) and east (left) have front setbacks of 20'-9" aIld 38'-0" respectively. So the proposed house is position in between the t\.vo (at 25'- 0") as a compromise based on the directi011S from the PlaIuling Conlmission (see diagram to the right). , S('tn:ad: Li e =;"-;f.\diar~n Iltlm~ roiit t 'esI . . i I {: i' ~ ~ , i1 ;j ~ ~> 12-61 o _,., R-2007-0l, RM-2007-29 Page 3 October 9, 2007 Staff Comments: If the Commission wishes, it could require more front yard setback with a condition of approval requiring that the revised plans be approved by the City prior to issuance of building permits. Front Yard Landscaping A revised landscaping plan is provided indicating five new junipers (10-gallon) along the northwest corner of the front yard. The junipers may grow up to 10-20 feet in height and will help screen some views to the garage. In addition, the applicant is proposing rose bushes in front of the living room and dining room area. The applicant explains that there are really no other areas to fit more trees and that there are already several existing trees in the front yard (three on the project property and four in the public right of way) that they wish to preserve. Also, the applicant does not Wal1.t to plant a tree that will block views to the front entry of the home. "'-,- I ;---.1.1 .' t". "i.,.,.lhi1 .~L. "t j -- :m_-==--~; '~~---'1- ',:,- ~ ..I ~lt~i ,_ 'I ' j i ! :L..- I ;'::---..~. .-:-~~. I ,.1.1-'" ~ J . I__IV .~ ,1-- . ..), ~ z w ~ .. ! I ..' n I :...~1 1 ,..-: i--~ -It ) tJ all, 1J ___ /t. / ~'" . /, . II .', _~_~~~ ~~- ~ : ' /, ! '",~ ~ "'.L-~'- \;.j;;":c," ~/ 7\~~:,,- .. = - - ~;t~= ~ Staff comments: If the Commission desires more trees, it could require the removal of smaller trees located near the northeast corner of the front yard and replace them with one or tvvo larger trees with potentially large canopies. In addition, the Commission may consider requiring a tree to be planted in the front yard area in front of the living room. Entry Feature Height The applical1.t is requesting that the entry Cal1.0Py and the living room plate not be lowered further. The applical1.t feels that with all of the other issues responded to, that the intent of the COIDlnission's directions has been met al1.d that the house has been simplified to the maximum extent possible. Staff comments: If the Commission wishes, it could require that the enhy canopy and living room be lowered by six inches to one foot with a condition of approval that the revised plans reflecting the cl1.al1.ge be approved by the City prior to issuance of building permits. Neighborhood Compatibility Front Entry Canopy Design The applicant provides two options on the enhy feature design: 12 - 62 ( ...3 R-2007-01,RlJ-2007-29 Page 4 October 9, 2007 Option A (preferred by the applicant) - shnplifies the original two triple circular column. configuration to a tvvo double circular column configuration as shown by the illustrations below. Option A has shows a slightly different garage trimming design (arched bandhlg with a keystone at the center). " Option B - further simplifies the columns to two single squared column configuration (see illustrations below). Option B provides a more simplified garage banding design that may be more in keeping with the neighborhood. :=.:-..:u ~=F Staff comments: TIle Commission may choose either one of the options or direct additional modifications as conditions of the project. Privacy Impact Privacy Screening Planting Plan The applicant has submitted a revised landscaping plan indicating the required cone of vision from the new second story windows and balconies. ~ ~ . / / ~Jf s: ; ~~ :r. '11'1' . . , . ,". 'y' -= (~.. . ...... -,' . ~.~:. :(, ~ ~'-~. ~-<~.: -~'.>,' J / i) I ! I ~ ~_..._-----) -...- , i : ! - 63 l_,j R-2007-0l, RM-2007-29 Page 5 October 9, 2007 The trees shown on the privacy screening planting plan will be required to be planted prior to the release of final occupancy of the home. In addition, a covenant will be recorded on the property that Other Changes Window Changes In addition to the privacy plantings, the applicant has voluntarily decided to reduce the size and raise the sill height on one of the windows along the right (east) elevation to minimize privacy impact to the adjacent neighbor (see diagram below). ...... After further discussion with staff, the applicant now has voluntarily decided to either eliminate or raise the other bedroom window on the right (east) elevation so that it will . not have any privacy impact concerns (see diagram below). The revised window design will be submitted to the City for review and approval prior to issuance of building permit as a condition of this project. Decorative Architectural Enhancements The applicant is showing additional corbel or bracket features underneath the first story roof eave along the entire front elevation and portions of the side elevations. This feature is intended to add architectural interest and at the same time visual help soften 12 - 64 1'5 R-2007-0l, RM-2007-29 Page 6 October 9, 2007 the look for house. The Planning Commission should consider this as an optional feature because the applicant prefers not to have it. -1--- J i I I . I $........ House Size The applicant did consider further reducing the size of the home but decided not do due to their functional needs for the proposed house area. According to the applicant, they bought the property at a premium over other smaller lots with the understanding that it could allow a larger house to accommodate their family. Submitted by: Gary Chao, Senior Plarn1er. ~ Approved by: Steve Piasecki, Director of Community Developmer f- . ~77~' ENCLOSURES I Model Resolution Exhibit A: Response Letter from the Project Architect dated October 1,2007. Exhibit B: Planning Commission Staff Report August 28, 2007. Exhibit C: Revised Plans - Option A (preferred by the applicant) Exhibit D: Revised Plans - Option B 12 - 65 1_1- R-2007-01,R1J-2007-29 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMlvITSSION OF THE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A RESIDENTIAL DESIGN REVIEW FOR A NEW TWO STORY 6,677 SQUARE FOOT SINGLE FAMILY RESIDENCE AND A MINOR RESIDENTIAL PERMIT TO CONSTRUCT FRONT AND REAR SECOND STORY DECKS ON THE NEW RESIDENCE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2007-01,RM-2007-29 Chia-Lun Ferng 21410 Vai Avenue 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, TIle 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 sub conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application R-2007-Ol, RM:- 2007-29 set forth in the Minutes of the Planning Commission meeting of, October 9,2007, 81ld are incorporated by reference as though fully set forth herein. 12 - 66 1-1 Model Resolution Page 2 R-2007-01, RM-2007-29 October 9, 2007 SECTION ill. CONDmONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBIT Approval is based on the plan set titled "Ferng Residence, 21410 Via Avenue, Cupertino Ca 95014" dated September 21, 2007, consisting of 11 pages, except as amended by the Conditions contained in this Resolution. 2. PRIVACY PROTECTION The project is required to submit a final privacy protection planting plan consistent with the Rl privacy protection ordinance. 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. 4. FRONT YARD TREE Any trees required by the Plam1ing Commission shall be recorded on the property as a covenant to be preserved and maintained. 5. APPROVAL EXPIRATION Unless a building permit is filed and accepted by the City (fees paid and control nunlber issued) within one year of the Two Story Permit approval (by October 9, 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. 6. ADDmONAL CHANGES The applicant shall make the necessary revisions to the plans to reflect the final directions from the PlaIming Commission. The revised plaIlS shall be reviewed and approved by the Plam1ing Department prior to issuance of any building permits. 7. 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 exacti01lS. 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 dedicati01lS, reservations, aIld 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 Govermnent 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. 12 - 67 IA Model Resolution Page 3 R-2007-01,~-2007-29 October 9, 2007 PASSED AND ADOPTED this 9th day of October 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Lisa Giefer, Chairperson Planning Commission 12 - 68 I-q AT Home Design 16115 Tenaka Place - Sunnyvale, CA. 94087 Tel: (408) 702-8162 * Fax: (408) ;245-8594 E-mail: Arc~ituan@sbcglobal.net ARCHITECTURAL RESPONSE LETTER For 21410 Vai Avenue. Cupertino, CA 95014 Date: October, 01st, 2007 To: City of Cupertino, PI~nning Department 10300 Torre Avenue. Cupertino, CA 95014 Re: New single family home 21410 Vai Avenue. Cupertino, CA 95014 Dear Gary Chao: The following itemized responses are corresponding to the Hearing comments dated on August 28th, 2007, The re-submittal includes: one (01) set of complete and revised documents with ElII revisions clouded. ARCHITECTURAL PLANNING COMMENTS: 1. The project is required to submit a final privacy protection-planting plan consistent with the R1 privacy protection ordinance. The privacy protection plan is provided and shown on sheet L.1 with Planting plan. 2. Introduce natural building siding materials along the front elevation and portions of side elevations that will be visible from Vai Avenue. The materials are provided and shown on sheet A5.1 with North elevation. 3. Revise the design of front entry canopy columns to be more consistent with the rural character of the neighborhood in terms of shape, size and/or material. a. The top of plate at the front entry canopy is 12'-9"<14'-0" and shown on sheet A4. 1 with Section. b. The natural stone veneer is used around the columns base and shown on sheet A5. 1 with North Elevation. c. Reduced two columns and shown on sheet A5.2 with East and West elevation. 12 - 69 '/-10 4. Provide additional projecting architectural elements such as wood trellis, corbels, reveals, and trims that are made of wood or hard i-wood to help soften the look of the building. . Additional projecting architectural elements such as keystone, trim, corbel are provided and shown on sheet A5.1, A5.2. 5. Delete the turret stair element. The functional turret stair element is removed and replaced with two skylights. 6. Set the house back another 10 to 15 feet to be consistent with the setback pattern of the neighborhood. The 12' width front entry canopy setback is 25'; the rest pfthe house first floor setback is 30'-4" at Pining room/Living room and 38'.4" at Garage; the second story setback is 37'.4" at Master bedroom and 64'- 10" at Study room. Also, the rear setback is 34'-9" at the Patio. the neighbor who live in the rear of this house does not want this new house is too close to her house. All dimensions are shown on sheet A 1.1 with Site plan and sheet AO with Floor Area Ratio - Lot Coverage. 1f you have any question regarding these responses, please call nie at (408) 702-8162. We appreciate your time and effort in checking our design and expecting the permit issuance process. Sincerely yours, ?1 ;tt~ Tuan Anh Cao, AAIA 2 12 - 70 f -II CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: R-2007-01 Applicant: Chia-Lun Ferng Property Location: 21410 V ai AVenue Agenda Date: August 28, 2007 APPLICATION SUMMARY: Director's referral of a.Residential Design Review for a new, two-story 6,677 square-foot residence RECOMMENDATION Approve the project with the staff recommended changes. BACKGROUND The applicant (Chia-Lun Ferng) is proposing to construct a 6,677 square foot, two-story residence on a 14,900 square foot lot located along the south side of Vai Avenue. The inunediate neighborhood is predominately ranch style, single story homes with some two story additions and a newer two-story home (see pictures below). Most of the homes in the project area are located on large lots (10,000 to 18,000 sq. ft.) with relatively lower house size to lot ratio (FAR). The neighborhood has a semi-rural character without any sidewalks or street lights. . 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 concerns raised by the neighborhood regarding the proposed home. . DISCUSSION Neighborhood Concerns Stili has received en1.ail of concerns from four neighbors. In addition a petition was submitted by 24 neighbors expressing concerns about the project. The neighborhood concerns are summarized as follows: . . .:. The proposed house is too big. .:. The proposed house is inconsistent with the rural style and character of the neighborhood. .:. The proposed house is located too close to the street. .:. The proposed house will be too imposing to the street and to the neighborhood. .:. Views will be blocked and the proposed house will cast shade onto the adjacent homes. .:. Concerns that the Inechanical equipment from the house will be too loud. 12 - 71 t .. ~.2 R-2007 -01 Page 2 August 28, 2007 Please refer to exhibit A & B for additional details on the neighbors' concerns. Neighborhood Compatibility One of the principle purposes of the Rl 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 parameters (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 level generally accepted by the community. Typically the City has allowed new 1101nes . to be m.axirnized within the approved frame work of the R1 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 rnaximunl extent possible without undermining the property owner's functional needs. The City has not in the past required new homes in an Rl zoning district to match the average size or be reduced to a single story home in order to match ~he general pattern of the neighboring homes. . The proposed home is witl1in the allowable maximum perimeter of the R1 ordinance in terms of size, height and building setbacks. However, the following is a list of some very sinlple architectural solutions that could be made to ri:1.ake the project more in line with the style and character of the neighborhood: .:. Introduce natural building si~ing materials (i.e., wood or hardi-plank) along the front elevation and portions of sid~ elevations that will be visible from Via Avenue. .:. Revise the design of front entry canopy columns to be more consistent with the rural character of the neighborhood in terms of shape, size and/ or material. .:. Provide additional projecting architectural elements such as wood trelli.s, corbels, reveals, and h-ims that cue made of wood or hardi-wood to help soften the look of the building. .:. Delete the turret stair elelnent. .:. Push the house back another 10 to 15 feet to be consistent with the setback pattern of the neighborhood. This was suggested by numerous neighbors to lessen the perceptive mass and scale of the proposed home from street in short of significantly reducing the size of the home. .:. The third CCU" garage (the garage bay closest to tlle front entry) should be setback at least one to two feet furtller from tlle rest of the garage wall plane (this is a requirement of the Rl Ordinance and has been added as a condition of the project), Staff recommends that the above measures be added as conditions of the project and the revised plans reflecting these changes shall be reviewed and approved by tlle Director of Community Development prior to issuance of any building permits, 12 - 72 I-I:; R-2007 -01 Page 3 August 28,2007 Privacy Protection The project will be required to adhere to the required privacy protection plan outlined in the Rl Ordinance. There are no second story bedroom windows facing either of the side yards. Submitted by: Gary Chao, Senior Planner __ Approved by: Steve Piasecki, Director of Conununity Developmenb)~...-e." ~ ENCLOSURES Model Resolution Exhibit A: Emails of Concern from the neighbors . Exhibit B: Neighborhood Petition Color ~endering Pictures of Neighboring Homes 3-D Model will be Available at tpe Public Hearing Plan Set ~ J 12 - 73 I-ILl' R-2007 -01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMWSSION OF 1HE CITY OF CUPERTINO APPROVING A DIRECTOR'S REFERRAL OF A RESIDENTIAL DESIGN REVIEW FOR A NEW TWO STORY 6,677 SQUARE FOOT SINGLE FAMILY RESIDENCE SECTION I: PROTECT DESCRIPTION Application No,: Applicant: Location: R-2007-01 Chia-~Ull. Ferng 21410 Vai Avenue 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 ,vill 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 applica1;ion is hereby approved subject to the conditions which are enumerated in tlus Resolution beginning on page 2 thereof; and That tlle subconclusions upon which tlle findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application R-2007-01 set forth in the Minutes of the Plaruung Conunission meeting of, August 28, 2007, and are incorporated by reference as though fully set forth herein. 12 - 74 l-r5 Model Resolution Page 2 . R-2007 -01 August 28, 2007 SECTION III. CONDITIONS ADMINISTERED BY THE C01v1MDNITY DEVELOFMENT DEPT. 1. APPROVED EXHIBIT Approval is based on the plan set titled "Ferng Residence, 21410 Via Avenue, Cupertino Ca 95014" dated May 21, 2007, consisting of ten pages labeled AO to A5, except as amended by the Conditions contained in this Resolution. 2. PRIVACY PROTECTION The project is required to submit a final privacy protection planting plan consistent vvith the Rl privacy protection ordinance. 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. 4. FRONTYARDTREE A minimum 24 inch box tree shall be planted in the front yard. 5. 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 August 28, 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 <;l.n application for a Minor Modification to the Two-Story Permit is filed before the expiration date and substantive justification for the extension is provided. 6. ADDITIONAL CHANGES a. Introduce natural building siding materials (i.e., wood or hardi-plank) along the front elevation and portions. of side elevations that will be visible from Via Avenue. b. Revise the design of front entry canopy columns to be more consistent with the rural character of the neighborhood in terms of shape, size andj or material. c. Provide additional projecting architectural elements such as wood trellis, corbels, reveals, and trims that are made of wood or hardi-wood to help soften the look of the building. d, Delete the turret stair element. e. Set the house back another 10 to 15 feet to be consistent with the setback pattern of the neighborhood. f. The third car garage (the garage bay closest to the front entry) shall be setback at least one to two feet further from the rest of the garage wall plane. 12 - 75 I-If, Model Resolution Page 3 R-2007-01 August 28, 2007 7. 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. PASSED AND ADOPTED this 28th day of August 2007, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: APPROVED: Steve Piasecki Director of Community Development Lisa Giefer, Chairperson Planning Commission 12 - 76 t -I '1 Gary Chao From: Sent: fo: Subject: Beth Ebben on behalf of City of Cupertino Planning Dept. Wednesday, August 22,2'0077:48 AM Gary Chao. FW: Notice of Publi Hearing on the new construction on 21410 Via Ave Comment on your application #R-2007-01.... -----Original Message----- From: fan jiao [mailto:f_jiao@yahoo.com] Sent: Tuesday, August 21, 2007 9:28 PM To: City of Cupertino Planning Dept. Subject: Re: Notice of Publi Hearing on the new construction on 21410 Via Ave Hello, We don't have much concerns except: - Has this additional demand of electric capacity (roughly extra 3 normal houses in the neighborhood) been considered not only by the city but also by P G & E? Has P G & E been informed? Mr. Fan Jiao of Krzich Place, Cupertino 12 - 77 1 '-I r.2. . Gary Chao From: Sent: To: Cc: Subject: Bryan Lanser [bryan@museresearch.com] Tuesday, October ~ 1. 2006 10:24 AM Gary Chao garyc@cupertino.gov Setbacks along Vai Avenue Hi Gary Bryan Lanser here. We spoke on the phone a few weeks ago after I complained about the story board that was erected on 21410 Vai Avenue. You had said at the time there were no approved plans, yet the developer who purchased the property has already listed it for sale. It is obviously a spec project, as it has been listed as a 5 bedroom, 4 bath, 8072 square foot (yes, over 8K square feet, 5 times larger than the average home on the street) two story home (the existing home was/is single story) with Alain pinel for $3,750,000. That1s an asking price of over $2 million of what the home sold for a couple of months ago. I am angry and upset that a ~eveloper can come in and propose such a monstrous house on our street, and in addition, this behemoth of a home is being proposed way too close to the street. Such a structure will be imposing and will destroy the neighb9rhood! .As you know, Vai has very large lots, but the homes are all set back quite deep on the lots. This allows the street to have a very rural feel, with large. front gardens that truly add a great deal to the look and feel of the neighborhood. Its almost like living in the country, with a wide, open street, large front yards, and homes that are set back to the middle of the lots. This is what attracted us to this street. in the first place, and I am prepared to fight to preserve the rural look and feel we hold so dear. This developer obviously does not care at all about the existing homes. on t.he street, proposing to move this new structure 20 feet closer to the street tharr the home that is currently on the lot. And looking at the story board in the back, this developer. has chosen to sacrifice the front yard and preserve nearly all of the current back. yard, following the current trend to IIcoccoonll the family and keep them from engaging with the rest of the neighborhood. This is not acceptable, and I hope the planning commission will influence this project so that it is more in line with the rest of the neighborhood. Just to gather some data, I measured the set back of many of the homes on our street. Below is a list of some of the current set backs off the edge of the street (which includes the large public right away along our street, about 8 feet wide) . 21351: ~4 feet 21350: 45 feet 4 inches 21330: 47 feet 5 inches 21371 49 feet 4 inches 21370: 47 feet 7 inches 21391: 50 feet 5 in~hes 21390: 76 feet 2 inches 21411: 51 feet 3 inches 21410: 59 feet 5 inches (currently) proposed: 39 FEET!! 21431: 51 feet 5 inches. Gary, I really hope the City will help preserve our neighborhood. I am really distressed and disappointed that speculative real estate profiteers are allowed to come into a neighborhood, erect an ugly, faux-mediterranean elephant of a house, pocket huge profits, and leave the neighborhood damaged for evermore. Let me know if there is something else I need or can do to stop this project in its tracks. It is unfair to the people who make their homes here to have someone come in and erect a monstrosity with no regard to the rural feel our street has. 1 12 - 78 , ~lq Would a petition from the ~_~t of the neighborhood help thi~ cause? I am happy to circulate such a device if you think it will help reinforce the fact that I know I am not alone in my perspective on this. I hope I have your support on this. All the best Bryan Lanser Resident, Vai Avenue. 12 - 79 2 1-:00 .' Hello Gary and to those concerned, Officialty I am against such a large house. The height will impact my Western view of the skyline and "Sunset", as well as the hours of direct sunshine that my property receives. The sense of privacy I enjoy now will be impacted negatively. The shifting of this structure back on the lot would increase these negative impacts to m)l..property The overall height of the roofline and structure does not match neighboring homes (Elevation front neighbors), The height and appearance of this structure will be obtrusive from every angle. I am Concerned there will be unacceptable noise from this flew structures AlC systems (3) as they are shown behind the garage, adjacent to my side of the house. I would like the choice of equipment reviewed and all engineering study (for relocation and additional 'acoustical treatments) with the goal of preventing any noticeable noise in my yard or house during that equipments operation! Note: the AlC units are not shown on the Rear Perspective drawing. Also if . under an overhang (in 10catioFl shown on the First Floor Plan) they will produce adcHtionaJ reflected noise (as well as inefficient operation), .' . , know this project will significantly lower my property values, aesthetically and financiallyl _ Please share the attached photos, which can only show a fraction of the impact this new structure will make. Additional concerns as to changes in the character of the neighborhood need to be voiced, For 20 years' have enjoyed coming home to this street. After turning off Bubb Rd a calm feeling comes over me. As large new houses have been built, the feeling is changing. A sidewalk and streetligh~ with a massive formal house appears, where one there was a ranch style home only separated from the street by a hedge. The petition and local protest were somehow lost, (to prevent the sidewalk and streetlight), , was not aware of how large the house would look until it was built. The continuation of "out of character" growth is forever changing the feel of the neighborhood in a negative fashion (from my perspective). . Will this new construction also require a sidewalk and streetlight? Put in a request for me to not have a side walk orstreetlight! What other insults to the character of the neighborhood will ~e forthcoming, forever changing what I and most of the residents moved here to enjoy? Thank you for any efforts you can make to educate and inform others. Please help to resolve this conflict. '--look forward }9 the Officers of the City of Cupertino taking affirmative action to support our community! Rick Bolander 21390 Vai Ave. (408) 255-1225 I:' . ( -' - 12 - 80 .-::-, .. 1-'.2.. , Page 1 of2 From: Lisa Giefer [Igiefer@sbcglobal.net] Sent: Thursday, January 18, 2007 4:46 PM To: Ciddy Wordell Subject: FW: 21410 Vai Avenue Contruction Plans ~ ! Ciddy Wordell Hi Ciddy, Who is the planner on this? I've asked Matangi if she wants the plans mailed to her or if she would like to come to planning. Can you fOlWard this to the right staffer and ask them to get back to me if this is conforming or non- conforming? . Thanks in advance, Lisa .. From: Matangi [mailto:matangir@comcast.net] Sent: Thursday, January 18, 20078:09 AM To: Igiefer@sbcglobal.net Subject: Fw: 21410 Vai Avenue Contruction Plans Hi Lisa, I am trying to get info about a hOUl~e that is being built behind my house. The address is 21410 Vai Avenue. Dolly Sandovol said that Steve Piasecki is the guy to talk to, but he has not reponded to my email. What is another way that I can find out about the plans? It looks like a MONSTROSITYI The plans in the front shows what the front is going to look like, but I can't figure out the gibberish next to it. Alii can figure out is that it's going to be close to 7,000 sq. ft, 2100 of which is the upstairs, Why oh why oh why? Thanks for you help, Lisa I Cheers, Matangi --- Original Message - From: Matangi To: stevep@cupertino.org Sent: Monday, January 15, 2007 12:53 PM Subject: 21410 Vai Avenue Contruction Plans Hi Steve, I spoke to Dolly Sandovol at the Block Leader dinner last week about the house being contructed behind my home. She said . you would be the person to contact regarding the plans. The house address is 21410 Vai Avenue. It seems to be on the market currently, and the plans are posted in front of the house. I can't tell what it's going to look like in the back, I was concerned about the impact on our privacy, which we've enjoyed the last 12 - 81 1/1 R/()7 I-~;l We, the undersigned residents of V ai Avenue in CupertiW!, respectfully ask that the Planning Departn;lent of the City of Cupertino deny permission to the proposed house planned being built on speculation at 21410 Vai Avenue on the following grounds: 1. At over 6000 total square feet, the proposed home is much larger than the average 1500 - 2500 square foot home size on our street and presents an officious and imposing fa~ade, negatively impacting the look and feel of the neighborhood. 2. The "Mediterranean Mansion"architectural design of the home is in stylistic conflict with the prevailing ranch and cottage style of the rest of the street. 3. They proposed home is built too close to the street, further exacerbating the imposing fa\4de and grand entrance, degrading the rural feel of the neighborhood. 4. Other reasons listed in comments below. We respectfully ask that the City review the proposed design of the house and suggest scaling back the home and placing it farther back on the lot so that the neighborhood is not so drastically and negatively impacted by this project We thank: you for taking into consideration the opinions of our neighborhood and community. 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I)V/~:"...fo""",. ~ .:\:.... , ~- +.'.~ :r~:'~J1 .~\! ~'.:>? ~;~:, .~:L~~;~tf~ ~. . f t. . '. ~ 'J .' . , ' i I '- k0 ........, ~, ..,- , "~~ ~~~ , ' IlL ,t ~i .~ A~.1 , ,;'.r~l ;;1 ~~' i~,:-; 1 l!. , ... "I<;H. . "'~:iM~'ti.' ;.., '.,;JI. .f...... 1'! '~.:i. ., }).\.' ~~r~: ~.;.:Ti \'.~' :.' '.. ... i" . ,~ ", r:., .:fJ ," '" ,'. ., :1 ....' ~ J 'T, ~~~ ~ 1'~i:~ ;~\ " ~ " .. . I ~; -~ I'. '_ ~t .~.:.. ,. .r ,;'..o..c. ~:"'1',,,~;- -:':.;~ E BI J1;eUA if: J ;;< l, -,.,.~" \,,\' ,/7 H" I S' ", r r 1 ","'. \'. / ,',,' ~" ':i "~~7~ ~, _ Appeal of Proposal for 'pe1tt.on cdltlChed 21410 Vai Avenue, Cupertino, CA November 19,2007 Our Neighborhood We truly love the street that we live on, with its distinct rural feel and moderately sized homes that sit far back on the very large lots. Most of us were attracted to this street because it was like living in the country, away from the stresses andsu'ains of Silicon Valley. Our street feels like no other in Cupertino-there are no sidewalks, curbs, or su'eetlights (except a rogue single light that provoked us to petition the City to designate this a semi-rural area so that the "living in the country" feel would be preserved). We all agree that the rural feel of the street is wOlth preserving for our children and for future generations. Perhaps that's why so many people in the s.urrounding community walk down Vai and Columbus. . . to get a breath of fresh air, free of the encroachment of homes and cars. We must act now to prevent the construction of distastefully large mansions in one of the few remaining streets in Cupertino that harkens back to the true roots of the "Valley of the Heart's Deligh l". We all believe in the lights of property owners. After alL we ourselves are all property owners. However, we also hold dear the rural look and feel of our neighborhood, the s.pacious lawns and landscaping that each home has, and the pIi vacy afforded by homes that average under 3000 square feet. The homes are set quite far from the neighbors, providing lots of living and breathing space in our neighborhood. The R-1 Zoning Code Flrom 19.28.010 Purposes: R-1 single family residence districts are intended to create, preserve, and enhance areas suitable for detached dwelling in order to: A. Enhance the identity of residential neighborhoods; B. Ensure provision of light, air, and a reasonable level of pIivacy to individual resident parcels; C. Ensure a reasonable level of compatibility in scale of sU'uctures within residential neighborhoods. D. Reinforce the predominantly low-intensity setting in the community. From 19.28.060, Paragraph C-1-a: The mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattem. New construction shall not be disproportionately larger than, or out of scale with, the neighborhood pattem in terms of building forms, roof pitches. eave heights, ridge heights, and entry feature heights; 11/2012007 Appeal -20071113 Page I ;. '.. ,", 'to ,From.19.2~.069, Paragraph H: . . . ~ ,'~:l..,~.f,;.I~~Stt<'y>~,tftf'!e\ls. All new or expanded second story decks WIth VIews 111tO . neighboring residential side or rear yards shall file for a Minor Residential Pennit, subject to Section 19.28.090, in order to protect the pIivacy of adjoining properties. The goal of the pennit requirement is not to require complete visual protection, but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. This section applies to second-story decks, patios, balconies, or any other similar unenclosed features. From 19.28.060 Landscape Requirements: To mitigate pli vacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shmb planting is required. The intent of this section is to provide substantial screening within three years of the planting. From 19.28.060 Minor Residential Permits, B-3 and B-4: 3. The proposed project is hannonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. From 19.28.100 Two-Story Residential Permit Paragraph D. Decision. ... The pelmit can be approved only upon making all of the following findings: Finding 3. The proposed project is harmonious in scale and design with the general neighborhood. The Proposed House Address 21410 Vai Avenue, Cupertino, CA Size The proposal is for a two story house of 6677 square feet. Front Setback Proposal is for a front yard setback of 25 feet. Side Setbacks Proposal is for both side setbacks to be 10 feet. Back Yard Setback This is unknown at time of wliting. I can't read it off the plans. Perhaps a site plan should be included in every set of plans, with measurements on it. 1.112012007 Appeal -20071113 Page 2 Height Proposal is for a total height of 26 feet, 8 inches. Drawings Drawings have been distributed at every meeting, and will not be included here. The Neighborhood's Objections Too Big At 6677 square feet this would be 1477 square feet larger than the next largest house, and 2598 square feet larger than the next largest house below that. The average house size is 2539 square feet. Thus the proposed house is 4138 square feet largeI~ than the average house. The proposed house would be 2.78 times as large as the two houses on each side of it. and 2.63 times as large as the average house size in the neighborhood. This is quite large enough for this house to be considered as unambiguously imposing on its immediate neighbors. They would have a feeling of being overwhelmed by the size and mass of the proposed house. Architectural Misfit The proposed house is designed in a "Faux Mediterranean" architectOral style in a neighborhood of ranch and cottage style homes. It simply does not fit. Encroaching on Neighbors The proposed house is too close to back yard neighbors and too close to its side neighbors given its imposing mass. Plantings Needed to Screen Neighbors The proposed house requires mature trees and a larger setback from its neighbors in order to reduce the overwhelming and imposing feel of it. Data & Analysis House Sizes Data was gathered from w\\!w.zillow.com, a real estate information site that gets its size data from the county GIS database, and its price data from the MLS listings. The table that follows shows house sizes and lot sizes for every house on Vai A venue and on Columbus A venue east of Bubb Road. Some statistical analysis of this data is described after the table. 11/20/2007 Appeal-20071113 Page 3 Distribution of House Sizes This table shows all the houses on Vai and Columbus east of Bubb Road. Number Street 21491 VaiAve 21471 Vai Ave 21451 Vai Ave 21431 VaiAve 21411 VaiAve 21391 VaiAve 21371 VaiAve 21351 Vai Ave 21353 VaiAve 21333 VaiAve 21313 VaiAve 21490 VaiAve 21470 VaiAve 21450 VaiAve 21430 VaiAve 21410 VaiAve 21410 VaiAve 21390 VaiAve 21370 VaiAve 21350 VaiAve 21330 VaiAve 21490 Columbus Ave 21470 Columbus Ave 21450 Columbus Ave 21430 Columbus Ave 21410 Columbus Ave 21390 Columbus Ave 21370 Columbus Ave 21350 Columbus Ave 21330 Columbus Ave 21310 Columbus Ave 21491 Columbus Ave 21471 Columbus Ave 21451 Columbus Ave 21431 Columbus Ave 21411 Columbus Ave 21391 Columbus Ave 21371 Columbus Ave 21361 Columbus Ave 21351 Columbus Ave 21341 Columbus Ave 21331 Columbus Ave 21321 Columbus Ave 21311 Columbus Ave 21301 Columbus Ave 11120/2007 Square Feet House 2794 1834 5200 1275 1957 1347 1491 1374 3742 2332 2410 2769 3838 1564 2455 1430 6677 2352 1908 1932 1205 2103 2293 2610 2304 3674 2657 1935 2430 2106 3064 2271 3450 1644 3220 2374 3061 4079 1581 2504 2249 2184 2662 2082 2719 Lot Size 14810 14810 14810 14810 14810 14810 14810 18730 16988 8276 6098 14810 14810 14810 14810 14810 14810 14810 14810 14810 29620 14810 14810 14810 14810 14810 14810 14810 9583 9147 11325 14374 14374 14374 14800 14374 14374 14374 11761 11761 12196 14810 10890 12196 12196 Appeal-20071113 Page -4 21291 Columbus Ave Average: Std Dev: 2531 12196 2538.733 14103.04 1022.929 3266.622 Statistics Given the above sample average and standard deviation, the proposed house square footage is 4.05 standard deviations from the average. This means that with this probability disuibution, the probability of a new house being larger than the proposed house is 0.000026. This can be expressed as a percent as: 0.0026%. (If you were to be given that percentage of $10,000.00 you would get 26 cents.) The following table shows the houses in the sample grouped by square footage. increasing by incnnents of 250 square feet. Num Floor houses Area of this Floor area Group area less than Num. 0 1000 1 1 1250 2 5 1500 3 3 1750 4 5 2000 5 5 2250 6 9 2500 7 6 2750 8 2 3000 9 3 3250 10 1 3500 11 2 3750 12 1 4000 13 1 4250 14 0 4500 15 0 4750 16 0 5000 17 1 5250 18 0 5500 19 0 5750 20 0 6000 21 0 6250 22 0 6500 23 1 6750 24 0 7000 25 0 Above 7K 26 11/2012007 Appeal -20071113 Page 5 This chart shows the table information as a bar graph. The floor area group number is on the hOJ1zontal axis. The number of houses with floor area in the range of each group is chartcd 011 thc vertical axis. Frequencies in Floor Area Groups 10 .- 9 - 8-... - 7 --' C ::J 0 6 u >- 0 5 c Q) ::J 4 0" Q) ~ u.. 3. 2 1 0 1 ',:::".::, .,..,t,.'.- ~; t ,i . . J I ! J .~ 1:1 ;.i:. +: "[:"'!' . ---1 I I i 1 i ~ ~ , ---i ! --i I ---i I I 3 5 7 9 11 13 15 17 19 21 23 25 Floor Area Groups Conclusion This chart clearly shows that two houses are out of step with the neighborhood. The first is in floor area group number 18 and the second (the proposed house) is in floor area group number 24. The main collection of floor area groups ends at group number 14. These large gaps visually show that both of these houses are out of step with the neigh borhood. 11120/2007 Appeal -20071113 Page 6 Individual House Floor Area Chart This chart shows one vertical bar for each house in the Vai & Columbus (east of Bubb Rd.) neighborhood. The height of each bar shows the number of square feet of 11001' area in that house. HOlizontallines show the average size house: A) including the two outliers (the proposed house at 6677 feet. and 21451 Vai Ave at 5200 feet) as a red line, and B) without these outliers, as a blue line. 7,000 6,000 5,000 I 4,000 Floor Area 3,00Q" 2,000 1,000 I_JIt.-u ""t'SUlt.: A vg w/o outliers. 2359 sq ft House Floor Sizes ". .'::'.;," 1 10 Houseu Floor Sizes I 1 5 9 13 17 21 25 29 33 37 41 45 House Number A vg with outliers. 2539 sq ft Conclusion The proposed house is the tallest veltical bar by far at 6677 sq 1'1. The house that surpasses 5000 feet is at 21451 Vai Avenue, and it is 5200 square feet. Several aspects of this 5200-square-foot house are in violation of the R-I Ordinance, but the inspector signed off on them. 11/2012007 Appeal -20071113 Page 7 The Neighborhood's Requests Prescriptive - Quantitative The planning commission said several times that the R-l code was "prescriptive." This was said in a context that implied that it covered ONLY the 45% FAR numbers. Prescriptive - Qualitative There are several qualitative requirements of the R-I code that have been quoted above. and include: · Enhance the identity of residential neighborhoods; · Ensure provision of light. air, and a reasonable level of plivacy to individual resident parcels; · Ensure areasonable level of compatibility in scale of structures within residential neighborhoods. · Reinforce the predominantly low-intensity setting in the community. And: The mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattem. New construction shall not be disproportionately larger than, or out of scale with, the neighborhood pattem in tem1S of building fonns, roof pitches, eave heights, lidge heights, and entIy feature heights; And: Paragraph D. Decision. ... The pennit can be approved only upon making all of the following findings: Finding 3. The proposed project is harmonious in scale and design with the general neighborhood. We believe that these terms are also "prescriptive," even though they are qualitative rather than quantitative in nature. They are, however, the requirements stated in the R-l ordinance, and are necessary for the creation of a neighborhood that is comfortable to live 111. Our Request We request that the city council take the following steps: Size & Bulk Require the home to be reduced to a maximum of 5000 square feet. Reduce the size of the second story so the impact of the bulk on neighbors on each side, across Vai A venue, and on Krzich is minimized. This will also help the home be generaJly consistent with the style of the neighborhood. 11120/2007 Appeal -20071113 Page 8 Siding Material Change the siding material from stucco to wood to soften the look of the huge home and to give it more of a country look and less of a Faux MeditelTanean look. Roofing Material Change the roofing material from the proposed bulky tile to either a composite shake or tire-proof cedar to make the structure appear less massive. Height Reduce the overall home height by an additional 3 feet to reduce the overall mass and preserve the air of the neighborhood. Deck & Windows Require standard size windows in the rear and either side of the home to maintain neighbors' privacy. Require that the plans remove the deck on the rear of the house. Privacy Plantings and Existing Trees & Shrubs Require privacy plantings be done before the home is constructed. Fence thel11 off for protection and give them time to grow before the new owners move in. Not.e that the existing trees and shrubs are not being watered, and in a few cases they have died. This will make the job of screening the neighbors much harder, since in one case the dead tree is one of the trees that is specifically called out on the plans that the Planning Commission approved Photos of Selected Houses Here are photographs of a two cottages, several ranch style houses, several nicely done home remodels, a photo of the proposed house, followed by photos of the two side neighbors, one of which is set in a redwood forest. 1112012007 Appeal -20071113 Page 9 Cottages I 1/20/2007 Appeal-20071113 Page 10 Remodeled Houses 11/2012007 Appeal -20071113 Page 11 . "",~';~""ij;.:\~\..' "'~''''''''.'~:::2 "'.. :\a,,'-. ....-,_~: "..., ";::;-"~,;,;",,,,,,,:,~>;~~' <9'l@' @~,' "'<1-<1 <1~ ,,- ........ ~:" {!; 0 Ou D U U D u~!f. h~ ~' "'W <, "" *.\.....k._.... 1<.. \:....", , , 1'" . t" ~.. ~. [- . ~ , ., " ,.~- 1\ /20/2007 Appeal -20071113 Page 12 . ,,,c. , -""C.' c "':'<''''"~~";;"~,;,,, ~@@'ll ro ~~.ij:;p}:~;r.:*," .~::,;~",~i../:::;;":":''''; i ",~>'i' ',: 1.1/2012007 Appeal -20071113 Page 13 Additions to Houses 11120/2007 Appeal -20071113 Page 14 Very Large Houses 11/20/2007 Appeal -20071113 Page 15 On Columbus Avenue. 11/20/2007 Appeal -20071113 Page 16 Attached Data Petition from Neighborhood 11/2012007 Appeal -20071113 Page 17 Definitions of Key Terms From \\\vw.1.hcfrccdi,.'tionarv.cul11 "The Free Dictionary, by Farlex" en. sure [8J tr. v. en.sured, en.sur'ing, en.sures To makc sure or certain; insure: As in: "our precautions ensured our safety:' as. sure tr. v. as.sured, as.sur.ing, as.sures 1. To inform positively, as to remove doubt: assured us that the train would be on time. 2. To cause to feel sure: assured her of his devotion. 3. To give confidence to; reassure. 4. To make certain; ensure: "Nothing in history assures the success of our civilization" Herbert]. Muller. 5. To make safe or secure. 6. Chiefly British To insure, as against loss. , , as.sur er, as'sur or n. Usage Note: Assure, ensure, and insure all mean "to make secure or certain." Only assure is used with reference to a person in the sense of "to set the mind at rest": assured the leader qf his loyalty. Although ensure and insure are generally interchangeable, only insure is now widely used in American English in the commercial sense of "to guarantee persons or property against risk. " pre-scrip.tive a(~j. 1. Sanctioncd or authOlized by long-standing custom or usage. 2. Making or giving injunctions, directions, laws, or l11les. 3. LaH' Acquired by or based on unintenllpted possession. 4. Linguistics Based on or establishing norms or 111les indicating how a language should or should not be used rather than describing the ways in which a language is used. 11120/2007 Appeal -20071113 Page 18 --Uc w::t;f ( 2- ~ \Ve, the residents, taxpayers, and voters of Cupertino do not believe that a home that is 273% larger than the average honle in our neighborhood is "reasonable" nor "compatible". We ask that the City Council take appropriate action to prevent "trophy mansions" froIn destroying the look and feel of our neighborhoods. Il Signature Printed name Address V le~~ r J!1Je Oar bC1Jr[L-B1ld:. ~~~~1k1q ~/+ ~~ _..--~~"QAt..HAVbl '~;~tl ~4;,,~ :m H~~hU~M Un$' I.J~ '-~...f' I ~. 'Ii-u~ AN AIiJ>I StJ:I,t ,::I ,..,-'-~ J,it'l.t./I 1,... ~. ~ '17\ Itfffl c.1r" ~'o ~ I ~.. I rr 1---tMu.-.... ,,\__ ~ ~~ ,~" ~e \,.. , ! l \J "fo S tI 1_ " 1.11h Ctr Ii ",It,., t'S '" 44" .... ! 7J ? ~ _ _ "2.10(.L... ~."""'--" I ICUll'JY ~~f-Or"'\ '-' 1__, __ U ,C'6pu'h n 6 I JiNll1 ~ L~ - T~ i~ -.slt ~-e M~ Or. -- ---;11M rt:. -.,.- ,;;J~. s"6 ~,~~,.J ~I," *~ Ji~)'c:J1 ~J ~'1J....!1,,;1,O h >N.rI X~ .....J --~&3- w/lkI11~, ~. C 'A fJ~t1c-~ C/1 [Ji U f I (.r ~ Lv,'II-(~ Q A~ I 1 &L')z;,-?~ _.__~~::J----_._-~- ~,. I~'- <' ,..- ,/ ---- ~~-:--'-.,..:."--"'....:..:..-- : . -~ I_&JS~-t UwJJ _~\JstN _, _"I ,;' _ . F . lA-N,se-fL. --a 133i v'.'-h 'N & ovPterJI'JO (')A. qS'"OlLf. i We, the residents, taxpayers, and voters of Cupertino do not believe that a home that is 273% larger than the average h0l11e in our neighborhood is "reasonable" nor "conlpatible". We ask that the City Council take appropriate action to prevent "trophy mansions" from destroying the look and feel of our neighborhoods. Address ,,') ~ '/~ k.shire Dr. . 4u ~eM B~~ I I ~ till-lit'lL'. 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