R-2006-62
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE. CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223. FAX: (408) 777-3366
July 18, 2007
Ray Chen
384 Stowell Ave.
Sunnyvale, CA 94085
Re: Consider an appeal of the Planning Commission's decision to approve a Residential Design
Review for a new, two-story 2,693 square foot residence. Application No. R-2006-62, Ray
Chen (Lin residence), 7453 Stanford Place, APN 359-32-039. The appellants are Richard
Whittington, Lixin (Caine) Yu, and Larry Line.
Dear Mr. Chen:
At its July 17, 2007 meeting, the Cupertino City Council upheld the appeal and directed additional
modifications to the plans: lower the entry feature by 6 inches; move the entry back at least 2 feet;
provide a minimum of 2 feet by the width of the upstairs bathroom along the second floor wall
plane on the right elevation; lower the bay window as suggested by staff. The plans are to be
approved by the Design Review Committee (DRC) and neighbors will be notified of the DRC
meeting. If you have any questions please contact the community development department at (408)
777-3308.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city clerk
within ten days after the council's decision. Any petition so filed must comply with municipal
ordinance code 92.08.096.
~
Grace Schmidt
Deputy City Clerk
cc: Community Development
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE. CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 . FAX: (408) 777-3366
June 19,2007
Re: Consider an appeal of the Planning Commission's decision to approve a Residential Design
Review for a new, two-story 2,693 square foot residence. Application No. R-2006-62, Ray
Chen (Lin residence), 7453 Stanford Place, APN 359-32-039. The appellants are Richard
Whittington, Lixin (Caine) Yu, and Larry Line.
Dear Messrs. Whittington, Yu, and Line:
At its July 17, 2007 meeting, the Cupertino City Council upheld the appeal and directed additional
modifications to the plans: lower the entry feature by 6 inches; move the entry back at least 2 feet;
provide a minimum of 2 feet by the width of the upstairs bathroom along the second floor wall
plane on the right elevation; lower the bay window as suggested by staff. The plans are to be
approved by the Design Review Committee (DRC) and neighbors will be notified of the DRC
meeting. If you have any questions please contact the community development department at (408)
777-3308.
Any interested person, including the applicant, prior to seeking judicial review of the city
council's decision in this matter, must first file a petition for reconsideration with the city clerk
within ten days after the council's decision. Any petition so filed must comply with municipal
ordinance code 92.08.096.
~~'JJ-
~e Schmidt
Deputy City Clerk
cc: Community Development
Richard Whittington
7438 Stanford PI.
Cupertino, CA 95014
Caine Yu
7449 Stanford PI.
Cupertino, CA 95014
Larry Line
7452 Stanford PI.
Cupertino, CA 95014
OFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE- CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366
June 19, 2007
Ray Chen
384 Stowell Ave.
Sunnyvale, CA 94085
Re: Consider an appeal of the Planning Commission's decision to approve a Residential Design
Review for a new, two-story 2,693 square foot residence. Application No. R-2006-62, Ray
Chen (Lin residence), 7453 Stanford Place, APN 359-32-039. The appellants are Richard
Whittington, Lixin (Caine) Yu, and Larry Line.
Dear Mr. Chen:
The above stated item is scheduled for the July 17 City Council meeting. Council meets at 6:45
p.m., Cupertino Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California.
Interested parties are invited to attend and be heard.
Council will receive written information from staff. Any printed material you would like Council
members to receive prior to the meeting should be submitted to this office no later than Tuesday,
July 10. We will duplicate and deliver it to Council members.
If you have any questions regarding the process, please feel free to call our office at 777-3223.
If you wish to challenge the City Council's action in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Cupertino City Hall at, or prior to, the public hearing.
Sincerely,
~'JJ-
Grace Schmidt
Deputy City Clerk
cc: Community Development
EXhibit A
CITY OF
CUPEI\TINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
m1
MAY 1 0 2007
~)
CUPERTINO CITY CLERK
APPEAL
1. Application No. R-2006-62
2. Applicant(s) Name: Ray Chen
3. Appellant(s) Name: Richard Whittington. LOOn (Caine) Yu and Larry Line
Address
7438. 7449 and 7452 Stanford Place. Cupertino
(408) 446-2308. (408) 252-1353 and (408) 446-3564
Phone Number
Email
rwhitt6313@comcast.net, caine vu@yahoo.com and
line@lps.net
4. Please check one:
o Appeal a decision of Director of Community Development
~ Appeal a decision of Planning Commission
5. Date of determination of Director or mailing of notice of City decision:
April 26. 2007
6. Basis of appeal: Title 19, Chapter 28.060 Section C.1.a of the Cupertino Municipal
Code provides that the mass and bulk of a residential design shall be reasonably
compatible with the predominant neighborhood pattern. In addition, Section C.l. e
provides that unarticulated, exposed second story walls should be avoided since it can
increase the apparent mass ofthe second story. Chapter 28.100 Section D.3 for two story
designs also require that the "proposed project is harmonious in scale and design with the
general neighborhood." Section D. 4 mandates that "adverse visual impacts on adjoining
properties have been reasonably mitigated."
The Cupertino Planning Commission met on April 24, 2007 and approved the
aforementioned project without adequate consideration for its fit with the general
neighborhood pattern of homes. Two of the five commissioners rejected the applicants
design plans because the plans were grossly inconsistent with the neighborhood patterns in
terms of mass and bulk of the design. The three other commissioners stated that the
1
owner has the right to develop the property as he or she sees fit and declined to request
mitigation in terms of the mass and bulk of the design.
The project was opposed by so many in the neighborhood that the Cupertino planning
department declined to approve the project and instead referred it directly to the planning
commission. Fifteen homes on Stanford Place and five homes on Tiptoe Lane on the
reverse side of project submitted a petition to the planning commission objecting to the
size and scope of the project.
The size and scope of the proposed entry feature are not at all consistent with the general
neighborhood. There is not a single home in the entire development that even approaches
the size of the planned entry feature. It has 18 inch square columns when most of the
neighborhood has 4 inch. The proposed entry feature is 14 feet 11 inches from the ground
at its maximum height. Even more disturbing is the extension of the entry feature 7 feet
six inches from the front ofthe house and the garage. No home in the entire development
has an entry feature that is even close to the size, scope or extension of the proposed
home. Nearly every home in the neighborhood has a porch that does not extend past the
garage. Most are not as close to the street as the garage. Only two homes in the entire
neighborhood have a porch or entry feature that extends past the garage and then only by
one or two feet.. These are both remodeled single story homes and are generally
consistent in design with the other homes in the neighborhood. There was no objection to
these homes.
The applicant has refused to significantly reduce the size, scope or height of the entry
feature. During the planning commission meetings, the applicant also made
representations to the planning commission that were inaccurate and misleading. For
example, he stated that the average distance from the house to the street in the
neighborhood was 23.5 feet. This is incorrect.
We believe that the size, scope and mass of the proposed project will negatively affect the
property values of the homes in the immediate proximity. The owners of the property do
not intend to occupy the home but we suppose simply want to maximize their profits to
the detriment of the neighboring properties.
We urge the City Council to reject the application as approved by the Planning
Commission. If the applicant wishes to submit another plan where the size, scope, mass
and magnitude of the house is consistent with the general neighborhood, we will not
object. We do not object to progress.
Please complete form, include appeal fee of $1 .00 and return to the attention of the
City Clerk, 10300 Torre Avenue, Cupertino, (40 77-3223.
~~\)
2
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
rnmm1Jnity T)p71p'npmpnf T)pparfmpnf
CITY OF
CUPEIUINO
April 26, 2007
Ray Chen
384 Stowell Avenue
Sunnyvale, Ca. 94085
SUBJECT: PLANNING COMMISSION ACTION LETTER - R-2006-62
This letter confirms the decision of the Planning Commission, given at the
meeting of April 24, 2007, approving a Residential Design Review for a new
2,693 square foot residence, located at 7453 Stanford Place, according to Planning
Commission Resolution Number 6456.
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.
~~nce-ljel y,
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Gary Chao
Senior Planner
Enclosure:
Resolutions 6456
CC: Wen Ping Lin, 74583 Stanford PI, Cupertino CA 95014
Printed on Recycled Paper
R-2006-62
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6456
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
RESIDENTIAL DESIGN REVIEW FOR A NEW, TWO-STORY 2,693 SQUARE FOOT
RESIDENCE.
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2006-62
Ray Chen
7453 Stanford Place
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The project is consistent with the Cupertino General Plan, and applicable specific
plans, zoning ordinance and the purposes of this title;
2. The granting of the special permit will not result in a condition that is detrimental or
injurious to property or improvements in the vicinity, and will not be detrimental to
the public health, safety or welfare;
3. The proposed home is harmonious in scale and design with the general neighborhood;
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application R-2006-62 set
forth in the Minutes of the Planning Commission meeting of, April 24, 2007, and are
incorporated by reference as though fully set forth herein.
Resolution No. 6452
Page 2
R-2006-62
April 24, 2007
SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
The proposed two-story house is approved, based on the conceptual plans entitled
"Residential New Home for Mr. and Mrs. Lin, 7453 Stanford Place, Cupertino, CA 95014"
last updated on December 19,2006, as amended by this resolution.
2. PRIV ACY PROTECTION
The project is required to submit a final privacy protection planting plan consistent with
the R1 privacy protection ordinance. The row of required evergreen screening trees or
shrubs along the rear property line (minimum 12 feet tall at the time of planting) shall be
planted approximately 12 feet away from the property line in order to stay clear of the
over-head PG&E wire clearance easement. The required privacy screening trees or shrubs
shall be recorded on the property as a covenant to be preserved and maintained. Said
covenant shall be recorded prior to issuance of final building occupancy.
3. REVISIONS SECOND STORY WINDOWS ON THE REAR ELEVATION
A covenant shall be recorded on the property that requires a Director's Minor
Modification approval (with neighborhood notification) on any proposed changes to the
2nd story windows along the rear and side elevations.
4. APPROV AL 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 April 24, 2008), said
approval shall become null and void unless a longer time period was specifically
prescribed by the conditions of approval. In the event that the building permit expires for
any reason, the Two-Story Permit shall become null and void. The Director of
Community Development may grant an one-year extension, without a public notice, if an
application for a Minor Modification to the Two-Story Permit is filed before the expiration
date and substantive justification for the extension is provided.
5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020( d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which you
may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
Resolution No. 6452
Page 3
R-2006-62
April 24, 2007
PASSED AND ADOPTED this 24th day of April 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:
ABST AIN:
ABSENT:
ATTEST:
COMMISSIONERS: Vice Chair Chien, Miller, Kaneda
COMMISSIONERS: Chairperson Giefer, Wong
COMMISSIONERS: none
COMMISSIONERS: none
APPROVED:
/ s/Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/Lisa Giefer
Lisa Giefer, Chairperson
Planning Commission
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OWNER: WEN PING UNlYUH JIUAN
ADRESS: 7453STANFORDPlACE
CUPERTINO, CA99J14
AP.N.II: J59.J2.0:J9
SCOPE OF WORK:
NEW CONSTRtx;TION
ZONING R.l
OCCUPANCY: R-3IU-1
CONSTRUCTION TYPE V-N
LOTSIlE:
AU.OWABLE FAR (45%)
AU.OWABLE OVERHANG (5%)
5994 SF
2697 SF
300 SF
BUILDING AREA
1ST R.R:
2ND FLR
I30L COUNT:
1427 SF +441 SF (GARAGE)
711 SF
109 SF
OI1;RHANG.
1ST R.R:
AT GARAGE
2ND FLR
102 SF
34 SF
135 SF
rOTAL PROPOSED RESIDENCE:
RATIO OF 2NO FLR TO 1ST FLR:
PROPOSED FAR
2688 SF
44.8%
44.8%
TOTAL PROPOSED OVER HANG:
PROPIOSED RA TfQ'
271 SF
4.5%
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DOUBLE GLAZE. VINYL @ALL W1NllOWS
TOTAL2NO FLR WALL UNE: 130.67
50'> OF THE WALL PfoRIMETER S5.33'
WALL PERIMETER WI MORE THAN 5' EXPOSED HEIGHT AND HAS NO 64."
Z WIN OVERLAP FROM 1ST FLR ROOF TO 2ND FLRWALL
WALL PERIMETER HAS LESS THAN 5' EXPOSED HEIGHT AND HAS 66.1r
2' WIN OVERLAP FROlllST FLR ROOF TO 2ND FLR WALL
ARCHITECTURAL DESIGN AND
STRUCTURAL ENGINEERING:
RAY CHEN, P.E. TEL: (408)524-5488
lHINGS HAVE BEEN DONE SINCE LAST MEETING WI THE NEIGHBORS
MAJOR REVISION ITEMS:
1) 450 bay window assembly is revised to rectangufw flat window and pop-ootdeplh ruducadfrom 24"10 18"
2) Eave at front b8f window assembly has been lowered to flush ...iIh tle restot lh&si\x:ture.
3) F"",t onlr1ln<e has been lowered 5'Iha1 its original.
4) Stone veneer has been added In the front portion of side <rid squa"8 a:bnns
1I1NOR REVISION:
These ... just making lis netgl1bors happy (!heir COlMlElnIs from last meeting)
1 win grve you matefial boNd Ihis week, maybe on Thu. And it is true to make
the building Ioolr;s much smaller
1) Roof...n be sIaIIe, 75% 'Fay and 25% sort of rOOm(more m.e puI1lle.
2) Wall wifl be sand !rap (more like ~ color).
3) Two,.;ndowsatMABAhovebeencalledfor~
4) Grid has been added to Ihe wlndows.
5) Screening.... baclt hove been moved _an!, to allout1Z from Ihe back)anJ feoca
6) Screen shrub at lig,t side yard is removed per ils neig1ba"s request.
THINGS DONE:
1) WlI1dowfoon"""'gedto4112'
2) Cui front on",""", 12' U1Wit'd.
Revision made on 04117107.
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REVlSlON
DATE 12/lt/C
SECTION B-B RECEIVED SCALE
1/4" - 1'-0' DRAW RHC
APR 1 8 Z007 JOB 12OllOll
SHEET
BY: /V-t'l.-&d . , Ao-3
OF SHEET!
c~)/! J&c
/-fE v/~ ? ~
Community Development Department
Project Application Summary
File: R-2006-62
Rl ~ Review
Environmental: Exerp..2L
PN(s)
359-22-039
Project Name: Ray CllE:~_(1~residence)
Manager: Gary Chao
Notice Type:
300 ft
Location:
7453 Stanford Plac~___
Description:
ResidentialJ.2e_sigD Review for a new, two-stor)':2,6_23. square foot residence
__.EileL___Rre-~!~~ ERC ______~egal
12/19/06
DRC PC
3/27/07
Consent? D
CC
Contacts
!'!~!'!~___ ___________~e
Ray Chen Contact
Address
Phone, Fax, e-mail
Wen Ping Un
Owner
7453 Stanford Place
Cupertino, CA 95014
Phone: (408) 524-5488
Fax: (408) 736-8059
rhc88@sbcglobal.net
Phone: (408) 480-3726
384 Stowell Avenue
Sunnyvale, CA 94085
I.rrp~7~NO
Project Contact Person
~ '-('" C I-/M
~@~ S70rvEf.-L
Property Owner
Street Address
City, State, Zip Code
Street Address
City, State, Zip Code
Project Address
Brief Project Description
Project Data
G99V
/ l:6 3
15b3
,
()
o Oln
';z.G%
-46 %
TWO STORY RESIDENTIAL PERMIT
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308 I Fax (408) 777-3333
planning@cupertino.org
http:// www.cupertino.org/planning
Phone (w) /.0. on a. (..' ..J'hone (h)
~ -~v 0 ~77-f:,
Fax Cell
71/.s- J
PI-ACE
~
E-Mail
STA-IJr-ORb
f-J.
oA-Y6
Phone(w) Phone (h)
-4.:? ~ r :l..L,/ . .r-~ 81?
Fax Cell
40C; 75. 6. f5"..r~
E-Mail ,.
-'<. H LG8 ~gC ~W
i.-. JtJ&]
~A ~~CJ8J-
APN
Sj,-r~Y\../Al-~
7l.(r-J JT~FO~o //z-A~$' ?J-j- 3:z. -0 ~~
d-v/VJ r/<h d 7'/~~ -- z.. S70R JE:S
M Gvz./
Proposed
;9P~ s,,= Net Parcel Size
"'Z. b ~ s J..,F- Building Square Footage
/ ~ s/3
~~\
4//J.1%
#~f%
,
First Floor (includes garage and accessory structures)
Second Floor (includes first floor area> 16 feet in height from floor to rafters)
Ratio of Second Floor to First Floor Area (45% maximum)
Floor AreaRatio (45% maximum)
I certify that the foregoing statements are tme and correct to the best of my knowledge. I understand that a misrepresentation of any submitted data may
invalidate ilIl approvallnj the Pllznning Department. I have disCllssed this application with tlze Public Works staff and I understand tlze public improvement
requirenzents associaYZis proposal. I have read and understand tlze ordinances and design guidelines affecting this project in the City of Cupertino.
X C::/. ~ -eA y ~"HGr~ l;l/> '1lll t
Applicant' 5 Signature Date
I declare under penalty of perjunj that I am tlze owner of said properhj or have Power of Attor/zey (attach copy) from said properhj owner and that I consent to
tlze above-described application and I autlwrize Cihj staff to visit tlze site in order to take plwtographs, slides and/or videotape that may be shown at a city
nzeetink)~ ~ I ';I..
ignature
Staff use only: (Do not write below this line)
Application accepted on
Application type:
mJ
D Level I (EA.R. S 35%)
D Level II (EA.R. > 35%)
Page 2 of 6.
R_App.doc Revised 10/10/2006