RM-2006-28
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIUINO
OFFICE OF THE CITY CLERK
December 15, 2006
Philip Covarrubias
1225 Tiros Way
Sunnyvale, CA 94085
Re: Consider an appeal of the Planning Commission's decision to deny an appeal of an
approved Minor Residential Permit for a IS-foot rear property line setback for a 392
square foot single-story addition, Application No. RM-2006-28, Philip Covarrubias
(Bates residence), 20077 John Drive, APN 369-33-051. The appellant is Darlene Thome.
(Staff recommends this item be tabled. The appeal is now unnecessary because the
applicant withdrew his application.)
Dear Mr. Covarrubias:
At its December 6, 2006 meeting, the Cupertino City Council tabled the above item. 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 S2.08.096.
Sincerely,
~Stlt1-~;kf
Grace Schmidt
Deputy City Clerk
cc: Elizabeth and Tom Bates
12433 Palmtag Drive
Saratoga, CA 95070
Plam1ing Dept.
Printed on Recycled Paper
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIQ"INO
OFFICE OF THE CITY CLERK
December 15, 2006
Darlene Thome
20097 John Dr.
Cupertino, CA 95014
Re: Consider an appeal of the Planning Commission's decision to deny an appeal of an
approved Minor Residential Permit for a IS-foot rear property line setback for a 392
square foot single-story addition, Application No. RM-2006-28, Philip Covarrubias
(Bates residence), 20077 John Drive, APN 369-33-051. The appellant is Darlene Thome.
(Staff recommends this item be tabled. The appeal is now unnecessary because the
applicant withdrew his application.)
Dear Ms. Thome:
At its December 6, 2006 meeting, the Cupertino City Council tabled the above item. 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 ~2.08.096.
Sincerely:
~~y~(jf
Grace Schmidt
Deputy City Clerk
cc: Planning Dept.
Printed on Recycled Paper
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIQ"INO
OFFICE OF THE CITY CLERK
November 29, 2006
Philip Covarrubias
1225 Tiros Way
Sunnyvale, CA 94085
Re: Appeal ofthe Planning Commission decision regarding Application No. RM-2006-28
Dear Mr. Covarrubias:
The applicant has dropped the application for a minor residential permit making the appeal moot.
Staff is requesting that Council table the item scheduled for the December 6 meeting. If you have
any questions, please contact the Community Development Department at 777-3308.
Sincerely,
~4iLl
Grace Schmidt OC{ ---
Deputy City Clerk
cc: Elizabeth and Tom Bates
12433 Palmtag Drive
Saratoga, CA 95070
Planning Dept.
Printed on Recycled Paper
Page 1 of 4
Gary Chao
From: Philip Covarrubias [philip@haniway.com]
Sent: Tuesday, November 28, 2006 3:28 PM
To: Gary Chao
Cc: aspentb@gmail.com
Subject: Re: 2007 John Drive Appeal
Hi Gary,
This letter is to confirm that the owner will proceed with the revised design that conforms to the R1
zoning ordinance. The extension of the proposed addition was reduced to meet the setback
requirements, and will not encroach into the rear yard. Therefore, we would like to withdraw our
application for the Minor Residential Permit.
Please contact me with any questions or comments. Thank you for your assistance on this matter and
have a nice day.
Best regards,
Philip Covarrubias
Designer
Haniway Co.
p: 408-733-3755
f: 408-733-7391
On 11/28/06, Gary Chao <GaryC@cllpertiOQ.org> wrote:
Philip,
Could you please let me know the status of that letter confirming the withdrawal of the Minor Residential
Permit? I need to know asap in order to pull the appeal item off the Council's agenda. Thx.
Gary
From: Philip Covarrubias [mailto:philip@haniway.com]
Sent: Monday, November 27,2006 12:19 PM
To: Gary Chao
Subject: Re: 2007 John Drive Appeal
11/28/2006
Page 2 of 4
Hi Gary,
Please see the attached files for the revised design. The first one is the survey obtained in accordance
with the Planning Commission Conditions of Approval. The other files are the revised sheets for the
design itself.
Thanks again for your help through this appeal process. I hope this revision will settle the issue and I
look forward to your reply.
Best regards,
Philip Covarrubias
Designer
Haniway Co.
p: 408-733-3755
f: 408-733-7391
On 11/27/06, Gary Chao <Ci<lD'C@~lJJl~ItinQ.QIg> wrote:
Philip,
Can you please give me the status of the revised plans? I spoke to Darlene and she seems to be still very firm
on her desire to pursue a law suit if she doesn't see the bedroom addition relocated. I'm in the process of
communicating to her but will need the plans to do so. PLMK..thx.
Gary
From: Gary Chao
Sent: Tuesday, November 21, 2006 10:21 AM
To: 'Philip Covarrubias'
Subject: RE: 2007 John Drive Appeal
Philip,
I need to see the plans first and then talk to Darlene to inform her of the changes. Remember she is the
appellant so she'll have to withdraw her appeal. I guess she won't have a project to appeal if the drawings are
revised to not have any discretionary review. I still need to see the plans first to confirm! Thanks.
Gary
11/28/2006
Page 3 of 4
From: Philip Covarrubias [mailto: pbiHp@baniWay.<:om]
Sent: Monday, November 20,2006 1:37 PM
To: Gary Chao
Subject: Re: 2007 John Drive Appeal
Hi Gary,
We worked out a plan that conforms to the Rl ordinance, and does not cross into the setback area.
However, I might not have the engineering done in time to submit to the Building Dept. before the
City Council meeting. Can you simply remove us from the council agenda with this notification of
revision? Ifnot, how do we proceed from here?
Thanks,
Philip Covarrubias
Designer
Haniway Co.
12: 408-733-3755
f: 408-733-7391
On 11/6/06, Gary Chao <GaryC@G!JP~njno,OIg> wrote:
Philip,
If the project is to be revised so that a Minor Residential Permit is NOT required, then Darlene does not have
the ability to appeal. It would be a building permit only. The conditions would also be voided as well since the
previously approved Minor Mod. would be voided as well. Thx.
Gary
From: Philip Covarrubias [mailto: philip@baniway.<:om]
Sent: Monday, November 06, 2006 11:40 AM
To: Gary Chao
Subject: Re: 2007 John Drive Appeal
Hi Gary,
11/2812006
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIUINO
OFFICE OF THE CITY CLERK
November 15,2006
Philip Covarrubias
1225 Tiros Way
Sunnyvale, CA 94085
Re: Appeal of the Planning Commission decision regarding Application No. RM-2006-28
Dear Mr. Covarrubias:
The hearing date for the above stated item has been changed to the Council meeting of
Wednesday, December 6,2006. Council meets at 6:45 p.m., Council Chamber, Community Hall,
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,
November 28. 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,
&z~~utJJ-
Grace Schmidt
Deputy City Clerk
cc: Elizabeth and Tom Bates
12433 Palmtag Drive
Saratoga, CA 95070
Planning Dept.
Printed on Recycled Paper
Page 4 of 4
I did receive that appeal letter last week - thanks for the follow-up. I did have one important question
for you:
If the owner were to choose to redesign the project at this time to conform to the standard R1
ordinance regulations, could we avoid the appeal process? If so, would the conditions of approval
also then be void?
I would design the addition to stay out ofthe setback area by extending the living area to cover the
kitchen window. I would then put a new window in the dining area, facing the side yard. Thanks.
Best regards,
Philip Covarrubias
Designer
Haniway Co.
p: 408-733-3755
f: 408-733-7391
On 11/6/06, Gary Chao <GaryC@<::lipertino.org> wrote:
Philip,
Just want to make sure that you are aware of the fact that your John Drive project was appealed again by
Darlene. Right now, it is scheduled for the 12/5/2006 Council meeting. Please double check with the
City Clerk's office to confirm the hearing date and schedule (777-3223). Let me know if you have any
questions. Thx.
Gary
11/2812006
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
CITY OF
CUPEIUINO
OFFICE OF THE CITY CLERK
October 30,2006
Philip Covarrubias
1225 Tiros Way
Sunnyvale, CA 94085
Re: Appeal of the Planning Commission decision regarding Application No. RM-2006-28
Dear Mr. Covarrubias:
Darlene Thome has filed an appeal of the above stated item. A copy of the appeal letter is
enclosed.
The above stated item is scheduled for the December 5, 2006 City Council meeting. Council
meets at 6:45 p.m., Council Chamber, Community Hall, 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,
November 28. 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,
&-oSil'vvt d:t
Grace Schmidt
Deputy City Clerk
cc: Elizabeth and Tom Bates
12433 Palmtag Drive
Saratoga, CA 95070
Planning Dept.
Printed on Recycled Paper
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
ITY F
CUPEl(fINO
APPEAL
1.
Application No.
~ tr1 - W!)~ - 7~
-r;, n1 ~ d~--1'
2.
Applicant(s) Name:
Phone Number
D a r Ie n e 1?1 ~"'.n ~
~ Cf f?? .v-<R ~" V/"'/ \ 1/'"<-.
!/,cJP - .;z.6.;5 - dZ/ VJ-
3.
Appellant(s) Name:
Address
Email
4. Please check one:
Appeal a decision of Director of Community Development
t--*PPeal a decision of Planning Commission
5. Date of determination of Director or mailing of notice of City decision:
~r ~, ~(
6. Basis of appeal:
~~~~
fB) [E ~ [E n \W [E fR)
lf1l OCT 1 1 2006 ~
CUPERTINO CITY CLERK
(~~ ~~
pL_
Please complete form, include appeal fee of $149 .Oorana return to the attention of the
City Clerk, 10300 Torre Avenue, Cupertino, (408) 777-3223.
Signature(s)
1) Not one other addition in our in Life Homes subdivision has a minor
addition status. Every other addition has at least a 20' setback from the
back property line. You would be setting a far-reaching precedence by
allowing a mere 15 foot setback.
2) The 392 square foot proposed addition is NOT two percent increase in the
total square foot of the house as stated by the contractor. The two-story
house is 2022 square feet and the bottom floor is 1338 square feet;
therefore the proposed addition will add 37 percent to the bottom floor.
This would be the equivalent of adding another two-car garage to the back
of the house.
3) The massive addition will be seen from my dining room, my kitchen
window, my kitchen eating area, my family room and my garden and will
visually impact my view and wind flow.
4) My privacy will be impacted by the addition of a bathroom window in the
middle of the project, as NONE OF OUR WINDOWS FACE EACH
OTHER PRESENTLY.
5) Conditions of the approval of the permit have not been, yet construction
started at 6:35 am the morning of September 29 and the termites that
have infested the Bates' rotting roof have been flying throughout the
neighborhood. The house needs to be tented BEFORE work progresses.
The property line has not been surveyed at the expense of the Bates'. No
provisions have been made to add the required drainage to the project.
6) This addition will devalue my home while adding value to the Bates'
property, as it will diminish the value to prospective buyers; no other home
in the tract will have this massive ugly wall next to them and vents on an
already imposing roof.
7) Fire sprinklers should be added to the conditions as Mrs. Bates will be
using oxygen in this room and the room sits only five feet from my fence.
8) I believe that it is the charge of the City Council to bring peace between
neighbors, who were once good friends for 43 years, in situations such as
this and not chose to blindly approve an addition when it impacts a
neighbor this strongly. Both widows suffer health problems, not just the
applicant.
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Communzty Development Department
CITY OF
CUPEIQ"INO
September 28, 2006
Darlene Thorne
20097 John Drive
Cupertino, CA 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - RM-2006-28
This letter confirms the decision of the Planning Commission, given at the
meeting of September 26, 2006, denying your appeal of an approved Minor
Residential Permit for a 15-foot rear property line setback for a 392 square foot
single story addition, located at 20077 John Drive.
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.
Gary Chao
Associate Planner
Attachment:
Planning Commission Revised Conditions of Approval
Cc: Philip Covarrubias, 1225 Tiros Way, Sunnyvale 94085
Elizabeth and Tom Bates, 12433 Palmtag Drive, Saratoga 95070
G: \ Planning \ Post Hearing \ Action Letters \ 2006 \ action letter rm200628.doc
Printed em Recycled Paper
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
CITY OF
CUPEI\TINO
COMMUNITY DEVELOPMENT
September 28, 2006
Philip Covarrubias
1225 Tiros Way
Sunnyvale, Ca. 94085
SUBJECT: PLANNING COMMISSION ACTION LETTER - Application RM-2006-28:
This letter confirms the decision of the PLANNING COMMISSION, given on September 26,
2006; approving a Minor Residential Permit for a 15 foot rear property line setback for a 402
square foot single-story addition located at 20077 John Drive, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "The Bates Residence, Residential
Addition, Mr. Tom Bates, 20077 John Drive, Cupertino, CA 95014" consisting of three
sheets dated August 16, 2006, except as may be amended by conditions in this
resolution.
2. HIP ROOF DESIGN
The addition shall use a hip roof design to minimize the apparent roof mass.
3. PRIVACY PROTECTION PLAN
A revised landscaping plan shall be submitted for review and approval prior to issuance
of building permits. Said pan shall indicate appropriate trees or shrubs between the
proposed addition and the neighbor to the west to help screen views of the addition.
4. DRAINAGE PLAN
A detailed drainage plan shall be submitted for review and approval prior to issuance of
building permits. Said plan shall indicate appropriate grading and draining mechanism
to prevent run-off to the adjacent neighboring residence.
5. PROPERTY LINE CONFIRMATION
Prior to issuance of building permits, the applicant shall submit a letter from a licensed
land surveyor or civil engineering confirming the location of the property line between
project site and the neighbor to the west. In addition, said letter shall verify that the
proposed setbacks on the approved plans are accurate.
6. TREE REPLACEMENT
No trees are proposed for removal as part of this approval.
7. REAR YARD SETBACK
The applicant shall revise plans to amend the proposed rear yard setback to 15 feet
instead of 10 feet 6 inches as originally proposed.
Printed on Flecycled Paper
7. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/ or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Community
Development Department.
8. 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.
Please be aware that if this permit is not used within one year, it shall expire on
September 26, 2007
Sincerely,
~
Gary Chao
Associate Planner
City of Cupertino
Enclosures:
Approved Plan Set
G: \ Planning \ Minor Residential \2006 \RM-2006-28 action letterPC.doc
P.L.
-----------------------,
EXISTING
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PROJECT SCOPE
THIS PROJECT INVOLVES A ONE STORY ADDITION OF 402 SF TO THE REAR. Of
THE HOUSE. THE ADDITION WILL CONTAIN (I) BEDR.OOM AND (I) BATH,
Rf:5UlTING IN (4) 50 I (3.5) BA TOTAL THE EXTERIOR MATERIALS SHALL MATett
THE exiSTING Rt'SIOl"NCl:.
PROJECT DATA
JOB LOCATION-
20077 JOHN DPJVE
JURISDICTION'
CITY OF CUPEIUINO
AS5E550R.'5 PARCEL NUMBER.
3G9-33-051
CONSTRUCTION TYPE,
V-N
OCCUPANCY CLASS,
R-3
ZONING;
R-I
lOT SIZE:
EXISTING GROUND FLOOR AR.EA'
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- GARAGE
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1151.5
485
8'37 SQ. r"T.
505TING SECOND FLOOR AREA:
NfW LIVING AREA:
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TOTAL FLOOR ARr:A RATIO,
.391
(E) FRONT PORCH AREA:
117.3350. FT.
15".33 SQ. I"T.
(E) COVERED PATro AREA;
TOTAL lOT COVERAGE:
42.8%
APPLICABLE CODES: 200 I EDITIONS OF THe: cec, CMC.
cpc, TITLE 24. AlL APPLICABLE LOCAl
CODES. 2004 CEC (2002 NEC)
VICINITY MAP
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Dn_ PHILIP C.
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10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
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CUPEI\TINO
CnVl:.^AU.1\,TITY DE1/ELOPM.EI-.TT
August 1, 2006
Philip Covarrubias
1225 Tiros Way
Sunnyvale, Ca. 94085
SUBJECT: DESIGN REVIEW COMMITTEE ACTION LETTER - Application RM-2006-28:
This letter confirms the decision of the Director of Community Development, given on August
1,2006; approving a Minor Residential Permit for a 10.5 foot rear property line setback for a 392
square foot single-story addition located at 20077 John Drive, with the following conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "The Bates Residence, Residential
Addition, Mr. Tom Bates, 20077 John Drive, Cupertino, CA 95014" consisting of three
sheets dated June 26, 2006, except as may be amended by conditions in this resolution.
2. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements. The
precise language will be subject to approval by the Director of Community
Development. Proof of recordation must be submitted to the Community Development
Department prior to final occupancy of the residence.
3. PRIV ACY PROTECTION PLAN
If existing trees are being proposed to serve as privacy screening, the City Arborist must
confirm that the existing trees are appropriate for screening purposes in terms of specie,
size and health. The deemed appropriate, the existing trees will be recorded on the
property as protected trees along with the new privacy trees.
4. TREE REPLACEMENT
No trees are proposed for removal as part of this approval.
5. REAR YARD SETBACK
The applicant shall revise plans to amend the proposed rear yard setback to 15 feet
instead of 10 feet 6 inches as originally proposed.
6. ROOF
-
The applicant shall revise plans to amend the proposed roof of the new addition to a hip
roof instead of the gable roof as originally proposed.
7. CONSULTATION WITH OTHER DEPARTMENTS
Printed on Recycled Paper
The applicant is responsible to consult with other departments and/ or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the Community
Development Department.
8. 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) (I), 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.
Please be aware that if this permit is not used within one year, it shall expire on
August I, 2007
Staff has made all the findings that are required for approval of a Minor Residential Permit as
required by the of Cupertinds Municipal Code, Chapter 19.28.090 (B) and 19.28.100 (D). 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 Planning Commission.
Staff has received one letter of opposition from an adjacent neighbor. The concerns were
regarding fire safety, drainage impacts, obstruction of view, property line location and noise.
The applicant has attempted to address these concerns by increasing the rear yard setback from
10 feet 6 inches to 15 feet and revising the roof plan from a gabled style to a hip style.
Sincerely,
!t
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. Noren Caliva
Planning Department
City of Cupertino
a.t~t t.:
Cc: Elizabeth & Tom Bates, 12433 Palmtag Drive, Saratoga CA 95070
Darlene Thorne, 20097 John Drive, Cupertino CA 95014
Enclosures:
Approved Plan Set
G: \ Planning \ Minor Residential \ 2006 \ RM-2006-28 action letter.doc
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