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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. ,. r= j.;.. .. ~ . - ...::-, ",oJ- ~ ,. ~ -s.- ~ ~ p I~ _~1._ 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:: ) !...... L:.... _ !._' '_. _""-.' C- -"---....,..- " -"'.t' , I . . ~- I - . ...." .'.-' --- --g .- _J 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 f::2 C1 -, p, c: ..... CD o :D o :> \J "tJ :n o < )> r- --1'l I ..., 0)> 3a. a. 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