DRC Summary 09-18-08
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
Planning Commissioners
From:
Steve Piasecki, Director of Community Development
Date:
September 19, 2008
Subj:
REPORT OF DESIGN REVIEW COMMITTEE FINAL DECISIONS MADE
September 18, 2008
Chapter 19.136 of the Cupertino Municipal code provides for
A eal of decisions made b the Desi n Review Committee
1. Application
DIR-2008-27; Neal Yung, 10292 Terry Way
Description
Director's Referral of a Minor Modification to allow minor landscape and fence
improvements to an existing apartment building
Action
The Design Review Committee approved the application on a 2-0 vote. This is
effective September 18,2008. The fourteen-calendar day appeal will expire on
October 3, 2008.
Enclosures:
Design Review Committee Report of September 18, 2008
Resolution No. 282
Plan set
G:pla/1lli/lg/Orcj091S0S Slll/lll1anjletter.doc
To:
Franz:
Subject:
Location:
Desigr1 Review COlnmittee
Elizabet11 Pettis, Assistant Planner
Application: DIR-2008-27
10292 Terry Way
Date: September 18, 2008
Project Description:
Director's Referral of a Minor Modification to alloV\T mInor landscape and fe11ce
improvements to an existll1g apartme11t building.
RECOMMENDATION:
Staff recommends approval of DIR-2008-27, based on the model resolution.
BACKGROUND:
The project site is located ll1 a multiple-family zoning district (R3) on the east side of
Terry Way south of Rodriguez Avenue (see diagram 'below). Tl1e project site consists of
al1 apartment complex with four units. In Jal1uary 2007, the applica11t received approval
to make mll10r exterior c11anges to replace the exterior stairwell, add privacy fences
betweel1 t11e Ul1its, e11try .doors, a11d a portion. of the walk\vay. The applica11t is
requesting additional minor landscapu1g and fencing enhancements.
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September 18, 2008
DIR-2008-27
2
According to the ordinance, site and landscaping modifications to a property located in
the multiple-family (R3) Z011e require Design Review Committee approval.
DISCUSSION
Proposed Enhance7nents .
The proposed enhancements are sU1nmarized as follows:
· Replace existing damaged landscape and expanding the planting area
· Install new sod/ grass alon.g the front property line and courtyard
· Install a 3 foot high fence around the perimeter ( - )
· New entry gate (r:: )
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Staff supports the proposed fen.ce and landscaping improvements.
Adjacent Neighbor Concerns
T11e adjace11t 11eighbor 11ortl1 of t11e project site at 10282 Terry Way has expressed the
followll1g C011cerns:
· Tl1e proposed -fence improvements will preclude tl1e adjace11t apartme11t
occupants from accessi11g the project's useable front yard
· The proposed site modificatio11s are ll1consistent to the adjacent properties
September IS, 200S
DIR-200S-27
3
According to the applicant, even though currently the front area is open to the adjacent
apartment complex, there is no recorded reciprocal access easement between the
properties. Staff recommends that the applicant work with the adjacent property owner
to provide either an opening or a gate that allows for residential access, if appropriate.
Staff believes that the proposed landscape and fence improvements will enhance the
exterior area of the project, and will not create any compatibility issues.
Enclosures:
Model Resolution
Exhibit A (Project Description)
Plan Set
Prepared by: Elizabeth Pettis, Assistant Planner .~ f\
Approved by: Steve Piasecki, Community Development Di.re~
G:\Plamling\DRC\staff rep\200S\DIR-200S-27 SR.doc
DIR-2008-27
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 282
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO
APPROVING A DIRECTOR'S REFERRAL OF A MINOR
MODIFICATION TO ALLOW MINOR LANDSCAPE AND FENCE
IMPROVEMENTS TO AN EXISTING APARTMENT BUILDING
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
DIR-2008-27
Neal Y ung, Owner
10292 Terry Way
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for Architectural and Site Approval, as described in this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Design Review Committee 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 proposal, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the
public health, safety, general welfare or convenience:
2. The proposal is consistent with the purposes of this chapter, the General Plan,
and zoning ordinance;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application no. DIR-2008-27, is hereby approved; 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
DIR-2008-27 as set forth in the Minutes of the Design Review Committee Meeting of
September 18, 2008 are incorporated by reference herein.
Resolution No. 282
Page 2
DIR-2008-27
September 18, 2008
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set submitted by Neal Yung titled "Plans for
Landscaping Repair, 10292 Terry Way", dated" August 24,2008" and consisting of
five pages, the first unlabeled and subsequent pages labeled 1.0, 1.1, 1.2, 2.3, except
as may be amended by conditions in this resolution.
2. FENCING
The proposed fence shall not exceed a height of three (3) feet. The design of the
fence shall be open representing a picket style fence. The applicant is required to
research and potentially use fencing material consisting of recycled material. The
final design of the fence shall be subject to approval by the City prior to issuance of
building permits. If the fence is located on a shared property line, the applicant
shall obtain consent from the adjacent property owner prior to the erection of the
fence.
The applicant is required to incorporate at least one opening in the fence located
across the courtyard running in an east-west direction (along the side property
line). This opening shall provide a pathway between the two courtyard sections
and shall be paved with stone or other approved material by the Director of
Community Development.
3. FENCE OPTION
The applicant is required to wait 30 days before installing the fence along the side
property line that runs east-west down the center of the courtyard. During this
period, if the applicant comes to an agreement with the adjacent property owner at
10282 Terry Way to renovate the entire courtyard and landscaping fronting both
complexes, the applicant has the option of not installing the fence at this location
without additional review and approval by the Design Review Committee. The
applicant does not need to wait 30 days for the fence along the front property line
and along the side property line next to the property at 10302 Terry Way.
4. LANDSCAPE
All new trees and shrubs shall be either native or water-wise plants. A revised
landscape plan shall be reviewed and approved by the Community Development
Director prior to issuance of building permits.
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
Resolution No. 282
Page 3
DIR-2008-27
September 18, 2008
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 18th day of September 2008, at a Regular Meeting of the
Design Review Committee of the City of Cupertino, State of California, by the following
roll call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Chairperson Giefer, Rose
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
ATTEST:
APPROVED:
/ s/Steve Piasecki
Steve Piasecki, Director
Community Development Department
/ s/Lisa Giefer
Lisa Giefer, Chair
Design Review Committee
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