12. Appeals 21410 Vai Ave
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
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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
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FERNG
Residence
CHIA-Lun Ferng &
Hsiao~Chen Femg
21410 Vai Avenue
Cupertino. CA 95014
AT Home Design
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Chia-lun Femg &
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21410 Vai Avenue
Cupertino, CA 95014
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12 -11
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Re5idence
Chia-Lun Femg &
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21410 Vai Avenue
Cupertino, CA 96014
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12-13
2. SOUTH ELEVATION
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12-15
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21410 Vai Avenue
Cupertino. CA 95014
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12-17
LEGENDS:
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12 -19
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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
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~.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"
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_SF
DRAWING INDEX
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PLANNING DATA
NEWllOUSE:oc:c:lI'ANCI'M
--
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SETBACK REQUIRED PROVIDED
1stFLOCR
FRONT: 2Q'.(f ,.... SCOPE OF WORK
REAR 2Q'.(f "....
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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"
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1. FLOOR AREA RATIO - LOT COVERAGE 1/32' = "-0'
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~ 0 ~DI
GENERAL NOTES
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:::=V~~=:~OWWQ
FERNG
Residence
CHIA-Lun Femg &
Hsiao-Chen Femg
21410 Vai Avenue
Cupertino. CA 95014
AT Home Design
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FERNG
Residence
Chia-Lun Femg &
Hsjao~Cf1en Femg
21410 Vai Avenue
Cupertino, CA 95014
AT Home Design
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118' = 1'-0' SEPT. 21, 2007
12-10
~
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Chia.Lun Femg &
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21410 Vai Avenue
Cupertino. CA 95014
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FERNG
Residence
ChiawLun Femg 3.
Hsiao-Chen Femg
21410 Vai Avenue
Cupertino. GA 95014
AT Home Design
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Residence
Chia-Lun Femg &
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21410 Vai Avenue
Cupertino. CA 95014
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Chia-Lun Femg &
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21410 Vai Avenue
Cupertino, CA 95014
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Residence
Chia-Lun Femg &
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21410 Vai Avenue
Cuperlino. CA 95014
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Residence
Chia-Lun Femg &
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21410 Vai Avenue
Cupertino. CA 95014
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Residence
Chl.-Lun Fsm9 &
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21410 Vat Avenue
Cup.rtIno, CA 95014
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FERNG
Residence
Chia~Lun Femg &
Hsiao-Chen Femg
21410 Val Avenue
Cupertino, CA 95014
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FERNG
Residence
Chia.lun Femg &
Hsiao~Chen Femg
21410 Vai Avenue
Cuper.no. CA 95014
AT Home Design
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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
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City of Cupertino
10300 Torre Avenue.
Cupertino, CA 95014
(408) 777-3223
Exhibit A
Ifl1 OCT I 9 ~7 = ~.
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('1i .-_
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.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~,
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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:
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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>~
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.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 .
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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
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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.
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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
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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
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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
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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
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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
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Analysis - Vai Avenue
Material
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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".
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12 - 53
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12 - 55
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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
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Front Setback Analysis - Vai Avenue
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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".
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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).
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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.
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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).
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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.
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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.
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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.
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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
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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.
Name Street # Comments
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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
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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
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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
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Appeal -20071113
Page 12
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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
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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
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