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CC 02-11-02 Ci~ o~ Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 AGENDA OF THE REGULAR MEETING OF THE PLANNING COMMISSION City Council Chambers · February 11, 2002, 6:45 p.m. ORDER OF BUSINESS SALUTE TO THE FLAG ROLL CALL APPROVAL OF MINUTES WRrITEN COMMUNICATIONS POSTPONEMENTSJREMOVAL FROM CALENDAR ORAL COMMUNICATIONS (Reserved for persons wishing to address the Commission on issues which are not already included in the regular Order of Business) CONSENT CALENDAR PUBLIC HEARING 1. Application No.(s): 17-R-01 Applicant: Dennis Norton Location: '10430 Stem Avenue Appeal of the Design Review Committee's denial of a new 2,605 square foot two-story residence with a basement on a 5,816 square foot parcel resulting in a floor area ratio of 45% Continued frora Planning Commission meeting of January 28, 2002 Planning Commission decision final unless appealed ACTION TO BE TAKEN: Planning Commission Agenda of February 11, 2002 Page -2 1. Approve or deny 17-R-01 2. Application No.(s): ll-U-01, 16-EA-01 Applicant: Bill Marci Location: 10056 Orange Avenue Use permit to construct a 7,912 square foot mixed use building with 4,483 square feet of office/retail space and 3,429 square feet of residential space (2 units) Planning Commission decision final unless appealed ACTION TO BE TAKEN: 1. Approve or deny 16-EA-01 2. Approve or deny ll-U-01 OLD BUSINESS 3. General Plan study session regarding the Land Use element (the preferred alternative) NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Committee Mayor's Breakfast REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT DISCUSSION OF NEWSPAPER CLIPPINGS ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. Please note that Planning Commission policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. G:Planning/Age. ag-Il-02 City of Cupertino 10300 Torte Avenue, Cupertino, C~llfomia 95014 (408) Depa~;..~ent of Community Development Application No.: 17-R-01 Agenda Date: February 11, 2002 Applicant: Dennis Norton Location: 10430 Stem Avenue Application Summary: Appeal of the Design Review Committee's denial of a new 2,605 square foot two- story reside~.ce with a basement on a 5,816 square foot parcel resulrin~ in a floor area ratio of 45%. RECOMMENDATION: The Planning Commission may make one of the following actions: 1. Uphold the appeal, overturning Design Review Committee Resolution No. 69, approving 17-R-01 based on the model resolution or as modified by the Planning Commission; Z Uphold the appeal, overturning Design Review Committee Resolution No. 69, approving 17-R-01 based on the attached plan set (applicant's preference). 3. Deny the appeal, upholding Design Review Committee Resolution No. 69, which denied 17-R-01. BACKGROUND: The applicant, Mr. Dennis Norton appealed the Design Review Committee Resolution 69 (denial) on Decker 24, 2001. The Committee reviewed the proposed project and made the following findings for denial: · The project is not consistent with the Cupertino Comprebensive General Plan Policy 2-19 regarding neighborhood protection from visually intrusive effects with adequate site desig~ the zoning ordl,w_nce Section 19[28.060(E)(5)(b) req-lring second story o//sets, and the purposes of this ritle. · The granting of this pe~-dt will result in a condition that is detrimental or injurious to property or improvements in the vicinity. · The proposed residence will not be in scale and ha~-,ony with the ~eneral neighborhood, since the second story does not have a sufficient transition from single-story to two-story eleraents (see Exhibit 1) and the proposed residence uses materials that are not compatible with the predominant neighborhood pattern, nor does the proposed residence achieve a high level of neighborhood compatibility. · The proposed resideiac.e is ~_ot consistent with the design ~ticI~.llnes approved by the City Council. The project ~I.~ ~o provide an adequate transition from one-story elements to two-story elero~nts at the lefk,,ost edge of the ~ront elevation, which abuts an existing single-story residence. · The proposed reside~:e will result in significant adverse visual impac~ as viewed from adjoinin§ properties, particularly the property to the north of the subject site, due to insufficient transitionin§ from single-story to two- story elements. The Design Review Committee believed that the applicant could meet the req~ired findings for approval if the second story were redesigned to: · Improve its visual balance when viewed from the street and provide more transition from the single-story neighbor to the second-story section (see Exhibit 1); and · Decrease the visual impact of the second story addition when viewed from the northerly property line. DISCUSSION: The applicant submitted a letter stating the basis of the appeal (see Exhibit D). In the letter, the applicant questioned the overall design review process and the actions of the Committee Chairperson, Mr. M~rc Auerbach (see attached appeal letter). Applicant. There was not a quorum at the Design Review Committee meeting on December 19, 2001. Staff Response: Chapter 2.90 of the Cupertino Munidpal Code established the Design Review Committee and states that the two Committee members do fo,,,, a quor~]~r~. Applicant. Commissioner Auerbach di.~:ussed design criteria that were not backed by any code or design ~view criteria. St~ff Response: Chapter 2.90 ~lso states that the Design Review Committee shall review all aspects of site and architectural design including the relah'onship of the building to its surrounding land uses and the street; compliance with architectural design guidelines; protection of surrounding land uses from intrusive impac~ including visual'rllsturban~e; and review of the oversll quality and compatibility of building materlsls and architecture with the surrotmdlr~gs. Applicant. Commissioner Auerbach's residence is too close to the subject site. Staff Response: Using digital aerial photography and the City's digital parcel map, staff dete~.,dned that Commissioner Auerbach lives over 500 feet from the subject site (approximately 560 feet). If Commissioner Auerbach did live within 500 feet of the subject site, he would have an interest in the project under State law and would have to di~ualify bim~lf ~rom commen~g and voting on ~ proj . Applicant. The denial was based on Commissioner Aue~bach's personal biases. Staff Respome: Th~ Committee requested that the applicant revise the project plans based on the staff recommendation. Commissioner Auerbach and Commissioner Chen agreed that the required findings could not be made for approval based on the present design. The Committee was prepared to continue the item for one month, but the applicant requested action at that meeting. Applicant:. The design review process took 6 months. Staff Response: Below is a timollr~e of the project (items referenced are ai~ac.b, ed): April 16, 2001 Plans routed to Architectural Consultant April 25, 2001 Consultant comments received by staff May 7, 2001 Staff and Consultant comments mailed to applicant lune 3, 2001 Applicant faxes response to s~ comments June 28, 2001 Staff replies to applicant revision November 12, 2001 Owner signs application form November 13, 2001 Story Pole affidavit signed by Mr. Norton November 27, 2001 Applicant applies for Design Review Committee December 19, 2001 Design Review Committee b~aring Nine months passed from the initial preliminary review to the Design Review · Committee hearing. However, five of the. nine months passed between the June 28 staff comments and the application submittal on November 27. Staff does not believe the City subjected the applicant to a prolonged design review process. Applicant: Extensive modifications and changes were made to the project. S~aif Response: Significant plan modifications were requested, but very few were implemented. Throughout the pr~llmivary review process, the applicant made the following plan changes: 1. Added an entry element to the front elevation. 2. Inset the garage door. 3. Added a srwl! window to the front elevation second story. 4. Changed the roof over the library from a gable to a hip. Staff and the Committee agreed that these changes were not sufficient to meet'- the nece-,amry findings for approval. Applicant: Staff did not mention the use of alternate mater~l~ Staff Response: In the Architectural Consultant Review letter dated April 25, 2001, Mr. Larry Cannon commented on the addition of detailing that could be added to address the plain stucco appearance. In a staff review letter dated November 30, 2001, staff recommended the use of wood trim and wood sills. Commissioner Auerbach stated a preference for wood siding for the project since the original homes in the neil~hborhood had wood materials. ~ the Committee was prepared to continue the application, the Committee was satisfied with the use of wood trim and sills ill lien of full wood sidilll~. Applicant:. S~//did not mention that a second story is not acceptable. Staff Response: A second story is allowed, and with the requested design modifications, the applicant's project would likely have been approved. Applicant:. The project confom~s to the second story offsets noted in Section' 19.2S.060(a)(5)(b). Staff Response: Section 19.28.0g0(E)(5)(b) requires wall offsets/or second story walls over 24 feet long. Tb~ south elevation has a wall plane over 24 feet in length, without the requized offset. The offset can be provided with minimal ~-ffect on the desi~ Applicant:. The proposed residence is in scale and ha~..,onions with the general neighborhood. S~ Response: The Design Review Committee found tb~t the proposed residence did not provide sufficient trar~sition from the neighboring one-story residence to the two-story elements in the proposed residence, as recommended by the Design Guidelines (see Nxhibit 1). The Committee requested that the applicant redesign the second story to provide more of a transition between the single-story residence to the north and the proposed house. Applicant:. The applicant requested past approved designs/or examination. Steff Response: Staff provided the applicant with plsn sets of the six approved design review projects in Rancho Rinconada. None of the six projects approved in Rancho Rinconada have the unbalap~ed second story mass as the proposed project does. For reference, design Review for single-family residences began in June of 1999. Irdo~i~mfion about applications in Rancho Rinconada is shown below. File # Address Act/on Date Notes 04-RDRC-00 10640 Career Drive 4/6/00 Completed 04-R-00 10~07 Bret Avenue 8/9/00 Construction nearly complete 0S-R-00 18870 Tilson Avenue 8/24/00 Bldg. Permit issued. 12-R-00 18941 Pendergast Avenue 12/13/00 Bldg. Permit not issued yet. 07-R-01 10631 Tuggle Place 5 / 2/01 Bldg. Pe~udt not issued yet 08- R-01 18731 Tilson Avenue 6 / 20 / 01 Bldg. Pe~ufit not issued yet. [-4 Four of the six were approved in 2000, which was the first full year of residential design review for the City. Over tlme, the process has evolved from focusing only on floor area ratio figures, to focusing on prlr~,ily on the mass of the second sWry, to focusing on the entire house and its compatibility with the neighborhood. For example, when staff visited the two sites that are complete, or nearly complete, a realization was made that tall first-story w~l! planes can add a sil~i/icant amount of Wnss. Since that time, staff bn~ directed new applicants to mitigate the impaci~/rom these tall first-story wall planes, no~,,~ly by simply reducin§ the height. Applicant:. The Design Guidelines were never mentioned in the preliminary review process. S~(4 Response: S~4 does not have personal knowledge of whether Mr. Norton received the ~uideIines. However, all R-1 Design Review Application packages have a checklist for applicants to use to detewdw ff their project confo,-,s to the ordinance and guidelines and a list of the required findings for approval, which refer to the design guidelines. The guidelines are also available on the depai-~,ent's website and/rom the planning counter. Applicant: Commissioner Auerbach should not be included in the discussion on the appeal. S~sff Response: Since the Design Review Committee is a subcommittee of the Planning Commission, it is not inappropriate that Commissioner Auerbach and Chen comment and vote on the appeal. Additior~*l Discussion First-Shiny Side Setback In a phone conversation with staff, the applicant stated that the second story of the residence appears more unbalanced became the house was designed with a ten-foot side setback on the north side. The minimum side setbacks for this · property are five feet on both sides. S~ff believes that the applicant considers this to justify' the unbalanced form. S~/4 prepared an illusaation of what the project might look 1Lke with the/lye- foot side setback by shi/ting the garage out/urther to the left (see Exhibit 2). Based on the illustration, staff believes the resulting devation would be sufficiently balanced, and would provide adequate transition from single-story elements to the two-story elements. However, the project before the Commission is not what is shown in Exhibit 2. The proposed plan remains unbalanced and lacks s~icient transitior~ BY h-xcorporati~ a la~se~ first-story side setbackt the applicant needs to provide a ]arger second-story setback in order for the pr~ect to conform to the Design Guidelines. rmclosures: Model Resolution (or.hun DRC, approve lXOject) Model l~-esolution (uphold DRC, deny project) Plan Set Exbibit 1: Sta~ Pi~uazed Form/Transitioim Ulumtmtion Exhibit 2: Sta~ Pzepazed Front Elevation with .Minimum Setbacks Exhibit 3: Sta~ Prepared Front Elevalion Correction Exhibit A: Desisn Review Committee Resolution No. 69 (denial) r=xhibit B: StsfI l~port from December 19, 2001 Desilpm Review Commiit~e meeting Exlu3mit C: Minut=s from December 19, 2001 Desisn Review Committee meeling Exlu3mit D: Appeal lettez dated December 24, 2001 l~xhibit E: Comments ~rom Larry Cannon dat~-.d April 25, 2001 Exhibit F: Letter ~rom Applicant dated lune 3, 2001 Ibdmibit G: Letter to Applicant dated lune 28, 2001 Exlu'bit H: Letter to Applicant dated November 30, 2001 marked up by applicant Exhibit I: Copy off Application Form & Story Pole Coimstrudion Forum Appzoved Plans 4-RDRC-00 Approved Plans 04-R-00 Approved Ylaus 08-1~-00 Approved Plaus 12-R-00 Approved Plans 07-R-01 Appzoved ~ 08-R-01 Submitted by: Peter Gilli, Associate Planner Approved by: Steve Piz.~ki, Director of Community Development · I ~n ) SIT~ . 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'~f, ~[~. ~,~, . 17-R-01 CITY OF CUPERTINO 10300 Torfe Avenue Cupertino, Cnlifornia 95014 MODEL RESOLUTION (uphold DRC) OF TI-lB PLANNING COMMISSION OF THE CITY OF CUPERTINO UPHOLDING DESIGN REVIEW COMMITTEE RESOLUTION NO. 69 AND DENYING A NEW 2,605 SQUARE FOOT TWO-STORY RESIDENCE WITH A BASEMENT RESULTING IN A FLOOR AREA RATIO OF 45% AND AN EXCEFHON FOR A SECOND STORY DECK. SECTION h PROJECTDESCP. IPTION Application No.: 17-R-01 Applicant: Papken Der Torossian (Dennis Norton) Location: 10430 Stem Avenue SECTION H: FINDINGS WHEREAS, the uecessnry public notices have been given in accordance with the Procedurai Ordinance of the City of Cupertino, and the plsnnlng Commission has held one or more public hearin~ on this matter; and WI~.REAS, the applicant has not met the burden of proof required to support said applicalion; and not satisfied the followin~ requirements: 1. The project is not consistent with the Cupertino Comprehensive General Plan Policy 2-19 regarding neighborhood protecrion from visually intrusive effects with adequate site design; tho zoning ordinance Section 19.28.060(E)(5)C0) requiring second story offsets, and the purposes of this rifle. 2. The granting of this pe~tuit will l~t in a condition thst is detrimental or injurious to property or improvements in the vicinity. 3. The proposed residence will not be in scale and hei-iuony with the general neighborhood, since the second story does not have a sufficient transition from single-story to two-story elements and the proposed residence uses materials that are not compatible with the predominant neighborhood pattern, nor does the proposed residence achieve a high level of neighborhood compatibility. 4. The proposed residence is not consistent with the design guidelines approved by the City .Council. The project fails to provide an adequate transition from one-story elements to two- story elements at the leflmost edge of the front elevation, which abuts an existing single-story residence. Resolution No. 17-R-01 February 11, 2002 Page 2 5. Thc proposed residence will result in significant advorso vi~_~! impacts as viewed from adjoining properties, particularly the pwperty to the north of tho subject site, due to in.~Ltflicient trallsitionin.ga from single-story to two-story elements. 6. Since the proposed residence is not consistent with the zon;ng ordinance and design guidelines, tho findin~ cannot bo made that the deck design is such that it decresses privacy intrusion to adjoining properties to the groatest extent. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the appeal of the Design Review Committoo Resolution No. 69 is hereby denied; 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 17-R-01 set forth in the Minutes of the Planning Commission meeting of, Febr~,,ry 11, 2002, and are incorporated by referemm as though fully set forth herein. DENIED this 11~ day of February 2002, at a Regular Meotlng of the planning CommL~sion of thc City of Cupertino, State of California, by tho following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecld Charles Corr, Chairperson Director of Community Development pl,nnlng Commission 17-R-01 C1TY O1~ CUPERTINO 10300 Tone Avenue Cupertino, California 95014 MODEL RESOLUTION (overturn DRC) OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO OVERTURNING DESIGN REVIEW COMMITTEE RESOLUTION NO. 69 AND APPROVING A NEW 2,605 SQUARE FOOT TWO-STORY RESIDENCE ~ A BASEMENT RESULTING IN A FLOOR AREA RATIO OF 4S% AND AN EXCEP~ON FOR A SECOND STORY DECK, SECTION h PRO~ECT DESCRIPTION Application No.: 17-R-01 Applicant: Papken Der Torossian (Dennis Norton) Location: 10430 Stem Avenue SECTION II: FINDINGS WHERe. AS, the necessary public notices have b~en given in acco~--ce wi~ ~ Procedural Ordinance of the City of Cupertino, and the Pla~nlr~g Commission has held one or more public hearings on this matter, and WHEREAS, the applicant h,.~ not met the burden of proof required to support said application; and h,s not satisfied the following requ/remants: 1. Th~ projeet is consis~t with the Cupertino Comprehensive General Plan, the zoning ordlnsnce, and the purposes of this title. 2. The granting of this permit will not result in a condition that is detrimenlal or injurious to property or improvements in the vicinity. 3. The proposed residence will be in scale and harmony with the general neighborhood. 4. The proposed residence is consistent with the design gnidelines approved by the City Council. 5. The proposed residence will not result in significant adverse vis~a! impacts as viewed fi'om adjoining properties. 6. The deck design is such that it decreases privacy intrusion to adjoining properties to the greatest extent. NOW, THEREFORE, BE IT RESOLVED: That after carefitl consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the appeal of the Design Review Committee Resolution No. 69 is hereby 'overturned and the request for design review and a deck exception is hereby approved; and Resolution No. 17-R-01 February 11, 2002 Pag~ 2 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record COnC~'ning Application 17-R-01 set forth in the Minutes of the Planning Commission meeting of, February 11, 2002, and are incozporated by reference as though fully set forth herein. DENIED this 11~ day of February 2002, at a Regular Meeting of the Plsnnin5 Commission of tho City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSEI~IT: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Charles Corr, Chairperson Director of Community Development Planning Commission Exhibit A 17-R-Gl CITY OF CUPERTINO 10300 Torte Avenue Cupertino, Califomia 95014 RESOLUTION NO. 69 Denial OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO DENYING A NEW 2,605 SQUARE FOOT TWO-STORY RESIDENCE WITH A BASEMENT RESULTING IN A FLOOR AREA RATIO OF 45% AND AN EXCEPTION FOR A SECOND STOKY DECK. SECTION I: PROJECT DESCRIPTION Application No.: 17-R-01 Applicant: Papken Der Torossian (Dennis Norton) Location: 10430 Stern Avenue SECTION H: FINDINGS VP'dEREAS, the necessary public notices have been given in accordance with the' Procedural Ordinance o£ the City of Cupertino, and the Design Review Committee has held one or more public hearings on this matter; and WHEREAS, the applicant has not met the burden of proof required to support said application; and has not satisfied the following requirements: 1. The project is not consistent with the Cupertino Comprehensive General Plan Policy 2-19 regarding neighborhood protection from visually intrusive effects with adequate site design; the zoning ordinance Section 19.28.060(E)(5)Co) requiring second story offsets, and the purposes of this tifle. 2. The granting of this pc, mit will result in a condition that is detrimental or injuriom to property or improvements in the vicinity. 3. The proposed residence will not be in scale and harmony with the general neighborhood, since the second story does not have a sufficient transition from single-story to two-story elements and the proposed residence uses materials that are not compatible with the predominant neighborhood pattern, nor does the proposed residence achieve a high level of neighborhood compatibility. 4. The proposed residence is not consistent with the design guidelines approved by the City ' Council. The project fails to provide an adequate transition from one-story elements to two- story elements at the leffmost edge of the front elevation, which abuts an existing single-story residence. 5. The proposed residence will result in si~o~ificant adverse visual impacts as viewed from adjoining properties, particularly the property to the north of the subject site, due to insufficient tr~n.~ition~ng from single-story to two-story elements. Resolution No. 69 Denial "' :""' 17-R-01 b~-~-mber 19, 2001 ?a~e 2 6. Since the proposed residence is not consistent with the zoning ordinance and design guidelines, the finding cannot be made that the deck design is such that it decreases privacy intrusion to adjoining properties to the greatest ext~t. 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 and second story deck exception is hereby denied; and That the subconclusions upon which the findings and conditions specified in this resolution are based and conts;ned in the public hearing record concerning Application 17-R-01 set forth in the Minutes of the Design Review Committee meeting of, December 19, 2001, and are incorporated by reference as though fully set forth herein. DENIED this 19m day of December 2001, at a Regular Meeting of the Design Review Committee of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chen and Cbnirperson Auerbach NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: /s/Cidd¥ Wordell /s/Marc Auerbach Ciddy Wordell Marc Auerbach, Chairperson City Planner Design Review Committee O~V Comm|~f~t~ .Date; December 19, 2001 From: Peter Oilli~ Associate Planner Subject: Application: 17-R-01 Location: 10430 Stem Avenue Pro.ieet Deseriotion: Residential design review of a new 2,605 square foot two-story residence with a basement on a 5,816 square foot parcel resulting in a floor area milo of 45% and a second story deck exception. R-I OFdinance Consbtency (Overall) Yes No X Floor Area Ratio (45% max) Yes 45% No Second Story to Fl~at .story Ratio ($$% max) Yes 28% No Setbacks & Suroharge (,,_,t,t;tlona115 ~) Yes X No Height (28'aMr) Yes 26'6" No Visible Second Story Walls ($0% of perimeter) Yes 44% No Second Story Offsets (~r), 24') Yes No X Maximum Exlzrior Wall Height Yes X No Roof Eaves (1' rain) Yes X No Entry Feature (14' mar) Yes X No Privacy Proi~'fion Yes X No Design Guidelines (Overal0 Yes No X Soil grade & Flo~r elevation similar Yes X No Similar roof pitch, eave& ridge Yes X No Trsnsifions botw~n buildings Yes No X Wall articolations and Wall heights reduced Yes No X Vault~i ceilings Yes X No Simple building forms Yes X No Avoid steep roofs Yes X No Light materials & colors Yes X No SIroetscape Yes X No RECOMMENDATION: Staffrecomrnends that the Design Review Committee take the following actions: 1. Provide direction to staffand the applicant rega~ting tho issues addressed in this report; 2. CoNtinue application 17-R-01 to the Design Review Committee meeting on January 16, 2002. BACKGROUND Story Poles The purpose of story poles are to give the neighborhood, staff, and the Committee members a sense of the size and mass of the second story of houses that come to the Design Review Cowmlttee. Staff visited the subject site on Wednesday, Deeember 12, 2001, one week before the Design Review Committee hearillg for this item. Many of the poles otltlinlng the second story were blown over, making it impossible to visually comprehend the mass of the second story. The R-10ralna,~ce requires that these poles be up for at least the ten days prior to the public hesgn__g. Stsfi~ faxed a letter directing the applicant to repair the poles. The site was rech6~2,ked on Friday afternoon, December 14, 2001, and the poles were still not repaired. Staff believes that the Cowmlttee can hear and act on the application despite the state of the story poles. It appears thai the poles we~ initially installed correctly, representing a good faith effort by the applicant. If the item is covtlnued, the story poles should be rein.,aalled. 1 Continuance This project ha~ a number of unresolved issues. Typically, staff would remove such an item from the Design Review Committee agenda until the issues are resolved. However, the applicant has not been %oreeable to further modifications of proposed plan to address staff's concerns. Therefore,'staff is giving the applicant the opportunity to discuss these issues before the Corem;tree. Staff is recommending that the item be continued so that the applicant can amend the design based on the Committee's direction. A model resolution him bean included that has conditions reflecting the discussion in this report if it is decided that the project does not need to return to the Commltteo. The design changes required in the resolution are subject to approval by the Director of Community Development prior to the acceptance of a building permit application. DISCUSSION Ordinance Conformance The project conform.q to most o£the prescriptive regulations in S~ion 19.28.060, except for the requital wall offsets every 24 feet, which applies only to the second story. The south elevation has a 30-£oot span without an offset. The m;~m,m size of the o~set must have a depth 0£2 £cet and a span of 6 Design Guideline Confomance The project confo~,~s to all of the adopted Design Guidelines except the two guidelines listed below. In both cases, the element that causes the non-confo~oiance is the library on the second story. · Use one-story elements at edges of development abutting existing one-story homes to soften the transition. When viewing the front elevation, the left side of the second story (Library) is set back only two feet from the first story wall plane. The second story conforms to required setbacks. The applicant has agreed to change the library roof from a gable to a hip roof, which will decrease the vis~,s! mass of the library element. Staffwill be referring to this as the "transition guideline" later in the report. · When new two story elements are proposed adjacent to single story homes, position new two story windows to protect the privacy of baekyard and living areas of existing single story homes. This can be achieved by the use of skylights, clerestory windows, reducing the size of windows, raising the sill height of windows or installing louvers on windows. The library has a large window on the north elevatio~ The large window, coupled with the proximity of the library to the neighboring property, will result in privacy impacts on the neighboring residence. Staff will be referring to this as the "privacy guideline" later in the report Neighbor Concern The Sennlngs family resides to the north of the subject site at 10420 Stem Avenue. They raised concerns about privacy and the effect of the second story mA*s on their sun exposure. They object to the massing of the second story along the side of the residence that faces their property. The Sennlngs family requests that the Commltt~ require the applicant to shift the second story to the south. The Sendings are also concerned about privacy impacts fi~m the side-facing library window on the second story. The Sennlngs privacy concerns can eventtmlly be addressed with privacy planting, but such planting is not expected to provide a complete screen until three years. Such privacy planting Resobing Guideline Confon~umee a~d Neigbbor Concern Sun Exposure Setback requirements wer~ originally developed to protect neighboring properties access to light and air. The City's second story setbacks are larger than single story setbacks. Unless the neighboring property has specific solar access easements over the subject site, staff does not recommend ftirther setbacks to improve sun exposure. Transition While staffdoes not recommend design modifications for sun exposure, it is recommended that the library element be adjusted to provide a better transition from the single-story neighbor to the proposed two-story house. Options include: · Reducing the size of the library; or · Shifting the library to the other side of the second story. Privacy The City has taken a strong stance on pwtecting privacy, numerous ordinance regulations and design guidelines for privacy protection. The Sennlngs' privacy concern is the wot of the "privacy guideline" discussed above. Using the direction of the "privacy guideline," staff recommends that the side-facing library window be adjusted in one of the following manners: · Remove the side-facing window entirely; · Make the sill height of the window more tb,n five feet above the finished floor height; · Make the window obscure and unopcnable; or · Install fixed louvers to the exterior of the window. Architectural Consultant Review Larry Cannon, the City's Architectural Consultant reviewed the proposed project and provided comments. Mr. Cannon's considered a complete redesign to be the best approach. Short of that, Mr. Cannon provided the foliowing suggestions: · Add details to the front elevation to de-emphasize the garage: thc applicant set the garage door back but did not add details to the front elevation. · Emphasize the entry with details or roofed entry elements: thc applicant added a trellis with two colum,~q in the front. · Simplify side elevation eave lines: ~s~_ff does not consider this necessary. Staff was uncomfortable with directing the applicant to completely redesign the project, and attempted to move forward with the suggestions that Mr. Cannon discussed, as well as some adch'tional staff recommendations. Front Elevation Staffis concerned with the visor! balance of elements on the front elevation. · The second story is weighted to the north, creating an . _ .~ unbalanced appearance, which was discussed earlier;,., ,, ~'~:'~'_..'~--~...~ · The garage door is not centered on the garage wall. Staff recommends that the applicant modify the gn~age ~e. Tree Removal The proposed location of the residence would require the removal of a 24" diameter tree, located where the fi'oat porch is pwposed. The plan set describes the tree as a fir, but staffbelieves it is more likely albiziajulibrissin, or Silk Tree. The tree has been wughly cut already, but much of the canopy is still present. Since the rear setback is 22 feet, it is possible that the tree can be retained if the residence is pushed back two feet. The tree would still be located close to the entry, but could serve as screen~ns to mitigate the unbalanced garage element, if the Committee does not require the centering of the garage door. The applicant proposes a 1,17g sq. fi. basctttent. Staffrequested that the applicant verify with the Bullding Depa~;,,,ent that the proposed emergency egress Ughtwells met building code. The applicant claims that the lightwells do meet building code. At staff~s request, the Building Department reviewed the basement plan and they also believe there could be problems with the size and con~guration of the light',veils. Second Story Deck F.,xcepfion A second story deck is proposed on the rear elevation. To address the views from the deck, privacy planting is proposed along the side and rear property lines. The deck is --mall, and has been placed so that it will be screened from viewing the property to the south. Staff is supportive of the deck design. Privacy. Plan (Sheet 2a) The applicant proposes to use Italian Cypress for privacy plat~tlng in thc rear yard. Three of the privacy trees exist in the rear yard. The plant labeled in the plan set as a cedar is more likely ajunlper species, which does not appear to be suitable as privacy planting. In order to use the existing trees as privacy trees, the applicant must provide an arborist report stating that the existing trees will be able to accomplish the privacy screening that the ordinance requires or provide a signed waiver from the affected property owner. These privacy issues can be resolved at the Building Permit stage. Prepared by: Peter Gilli, Associate Planner Approved by: Ciddy Attachments: Model Resolution Storyboard Copy Plan Set g:~amla~'d~/l 7-R. O I EXHIBIT C Design Rovi0w Committee December 19, 2001 Cupertino, CA 95014 (40s) 777-330 APPROVED MINUTES OF THE REGULAR MEETING OF ~ DESIGN REVIEW COMMITTEE m~.I,D ON DECEMBKR 19, 2001 ROLL CALL Committee Members present: Maw Auerba~ Chairperson Angela Chen, Commissioner Commlttoo Members absent: None Staffpresent: Peter C411i~ Assodate Planner, Ciddy Wordell, City Planner APPROVAL OF MINUTES: 1. December 5, 2001 Minutes of the December 5, 2001-Desi/n Review Comm|tt~e meeting approved. ~tIVRI'I'I'EN COMMUNICATIONS: POSTPONEMENTS/REMOVAL FROM CALENDAR: ORAL COMMUNICATION: None CONSENT CALENDAR: None OLD BUSINESS: None NEW BUSINESS: None PUBLIC m~.ARING: 2. Application: 17-R-01 Applicant: Dennis Norton Lo~afion: 10430 Stern Avenue Residential design review of a new 2,605 square foot, two-story residence with a basement on a 5,816 square foot parcel re.suiting in a floor area ratio of 45% and a second story deck exceptio~ 2 De~iga ~view Committ~ Der~mber 19, 2001 De.sign J~evte'w Comml~ee dec~ion fl~ ~le~ ap~aled S~~on: P~ ~ ~ pJnnn~, b~y d~ ~ ~j~. ~e o~y o~ ~fion ~t ~ not b~ m~ is ~n~ ~M ~ ~1 offi~ ~ 24 feet. ~e ~pli~t ~e o~et S~w~ ~ conc~ ~ ~me of ~ ~ ~de~es ~ ~s ~je~'s coMo~ ~ ~e applic~t ~d ~ ~n~ne ~ application to ~e ~nd me~g ~ J~,,~ 2002. Some of ~s ~nc~ ~l~ to ~ ~i~on ~m one-~ el~en~ to ~o-~ elem~. ~v~ ~d M not neces~ elev~on not berg cen~ on ~e g~ge ~g it ~ ~c~ Ioo~ ~ ~e ~ha~ is ~po~d ~ ~e is ~y ~e ~e ~ ~mov~ ~ one. P~v~y pl~ ~ ~ ~ pl~ted ~ ~ ~e ~ond ~ d~k. S~ ' ~comme~ ~p~v~ on ~ ~k wh~ ~ ~on is ~ on ~e compl~ applicon. De~ No~ d~i~/a~lic~g ~efly ~ ~ of ~s commen~. He .feels ~t ~e ~e de~ly ~ to be ~ov~ ~d he h~n no ~bl~ piing ~o ~s in~ of ~e ~ one. He talked ~o~ ~e ~g ~y pm~on ~ b~g 40 fe~ fo~ ~oj~ is soothln~ to ~ nei~rho~ ~ ~e nei~bom ~to co~id~fion ~d he wo~d like ~ ~ve ~e Commi~ ~e a ~ decisiom Papken Der Torossian, owner, hAS owned this home for 30 years and feels that his home is smaller than the homes thst have been built recently. Tom Sennings, 10420 Stem Avenue, major concern with the project is the privacy issue. lmm the looks of the story poles, one of the windows will look right into Ms kitchen, living mom and dlnlnS room. Mr. Jonnings suggested moving thc library on to the south side. H_s! Morrison, 10425 Moretti Drive, is concerned about privacy for the long te~,,,. The proposed home looks into Ms backyard. Mr. Norton showed the landscaping plan to Mr. Morrison and expressed that ho is willing to add more screening if necessary. Commissioner Chen said that the Design Review Committee is concerned about the design of the house fitting in with the neighborhood. The Committee will address the imbalanced garage door or the imbalanced overall building ak~cture. ChahperSOn Auerbach agrees with Commissioner Chen's statement and added that many of the new two story homes, especially in the Rancho l~inconada area, were not subject to design review. Chairperson Auerbach brought in some images that were ~_~_kcn on December 19, 2001 showing the different styles of homes in the applicant's neighborhood. These pictures can be located on htto://home.oacbelLnet/paroxysm/cupertino/stermhi~u 3 Design Review Committee December 19, 2001 Di~on cov~nued ~g~g ~ ~t ~les of ~ese ho~. Chai~on A~ch wo~d ~e m see a ~ of ~e ~cond floor m ~s ~e ~s~s. He is not so ~nc~ed ~ &e cm~g of~e g~e, b~ ~ibly ~ing ~od ~ ~ o&~ elem~ m fit ~ ~e ~ nei~rhood. He ~o ~d l~e m ~ve a covert ~ pl~e ~g~ing ~e ~ ~es to ~ ~ ~ ~v~y sc~ni~g, for ~ hom~. Mr. Gilli stated t_hAt he has already prepared a second Model Resolution allowing the removal of the tree in the front yard and replacing them with two trees. The other change is the addition of the covenant to address the privacy protection trees, which is now a standard condition. Chairperson Auerbach would like to contin_ue the project to the second meeting in January. Mr. Noff~on asked the Design Review Committee to deny 17-R-01 and then he can appeal the project to the Planning Commission- He feels that he h,s met all of the City ordlnArtCeS inclutllnE setbacks and privacy screening. ChRirperson Auerbach briefly explained the different criteria that triggers the different levels of review 'and read some of the findings from the Residential Design Approval Ordinance 19.28.090. MOTION: Commissioner Chen moved to deny 17-R-01 SECOND: Chairperson Auerbach ABSENT: none ABSTAIN: none VOTE: Denied 2 - 0 Respectfully submitted: Kie~ Witt Admini.~tive Clerk g:planning/DRC Commlttee/Minutes 121901 EXI-tIBIT D Pemr G~lli 22-24-2002 Planniflg Depad:met c~ of cup. no Re: Application No. 17-R-01 104 Stern Ave, Cupertino Dear Peterv This _le~e__r is an appeal of the'Decision of the Design Review Committee on December 19, 2001. This letter also is an appeal of the Oties Proce~___!ng practices as exerdsed in the processing of this applicatJon. Rrst of all I shall start wrd~ the hearing itself. The hearing was held with tva:) member of the Design RevHw' Commrctea, chaired by Marc Aueba~. Only two member of this committee were present, not a quorum. Mr. Auerbach, admittedly, lives in this neighborhood, and was clear that he had certain biases in making any sort of objective Judgment. Not only was he not SubJective, he had his mind made up before coming to this hearing, and had a slide show presentation to make his point. The slide show showed stucco houses, two story houses much larger in mass than the one proposed and a varlet,/of architecture that he felt was acceptable. HIS design ~ presen'md by this slide show was truly his own feelings and not backed by any code or design review criteria set down by the city. One person is not the Judge of a project, using his own value Judgment and making up rules as he goes. Zs he an architectural historian or an architect? Zt was dear that we had solved the problems of the neighbors In our presentation; it was only the personal biases of Mr. Auerbach that this denial was based on. The process to get this application to the Design R~vlew Committee took approximately 6 months, due to the extensive review and requirements of the Oty? This project had been reviewed and critiqued by both the Design Review Architect and the staff. (See attached correspondence) We made extensive modifications and changes, many being value Judgments, to this project. At no time did staff or the Architect mention the use of wood siding or that a second story was unacceptable. The directkm from AaiT and Architect were far from being directive to the concerns of Mr. Auerbach and his court. We clearly are in conformance with all criteria as set down in the Oldes Ordinance. We tit to the second story offsets as noted in Section 19.28.060)(E)(5)(b). As to privacy, we have agreed to obscure the one-second story North-facing window or reduce its size as directed by staff. The proposed second story residence is in scale and harmony with the general neighborhood. Please see previously approved applk:aUons for second story residences as proposed before and alter the new March 2, 200! Ordinance change. ! am requesting that staff accompany this appeal with pictures of all approved second stcn/approved application that were approved after Harch 2. Because many of the houses are now non-conforming now by the new Ordinance, does not mean they do not exist. ~tom 4 of the Denial states that we are not in conformance with the design guidelines in new to us. Staff has never ment~ned this to us until this point. ! am surprised that with such extensive review that this was never discovered. We will gladly con'ecl: what discrepancy b~at may exist there. We needed and paid for direction from staff and Archrcect, The neighbor to the North is now comfortable with the design; we have set the house to the maximum setback to his concerns as well as ~ng the second story in his favor. This appears to be Hr. Auerbechs value Judgment. ~t is our intension to appeal this application in order to receive a fair hearing from the full and impariJal Design Review Committee, w~ the absten~ of Hr. Auerbach. If this is not possible, we are requesUng that we receive a tull Public hearing with the Qties Planning Commission. We are determined to take this proposal to any level necessary to receive a fair and Impartial hearing. Thank You Dennis R. No,~n (Representative for the Der Torosslan Family) EXHIBIT E ARCI-I1TE~..'i'ORE PLANNING URBAN DESIGN April 25, 2001 Mr. Peter Gilli Commu~fity Development Depad~ent City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 RE: Der Torossian Residence - 10430 Stern Avenue Dear Peter: I reviewed the drawings which you forwarded. The design is pretty straight forward. However, the garage seems to overly domi,~te the front elevation. I noted that the design is lira;ted by the depth of the house and the need to maintain the front setback. I don't know how much latitude there is to move the buiJdi,~g back to bring other parts of the front facade forward of the garage face. The beet approach would be to redesign the house to allow both the entry and the living room to project out in front of the garage face. Short of that, the minimum needed to improve the appearance of the house would be to move the building back and project the entry forward. A couple of general approaches to this are shown ' on the diagrams below and on the next page. Set garage door beck one foot from wall face Front Elevation Alternative I TEL: 415.551.5795 FA~ 415.551.~'P)7 180 HAgBORDRIVE.SDr~ 219.SAUSALITO.CA94~5 ~, ~ Der Toro~ian Residence Design Review Comment~ March 25, 2001 Pa~e 2 Front Elevation Alternative 2 Consideration should also be given to ~mplif~ing the design o£the side elevation by l{nln~ up the eave lines between the f~ont and back of the structure through elimination of the vertical jog. This is show. on the ai~grsm below. · ' ' ~.~P'.~=~ -.~ '...-' ..~=, ,'..~:~< m'., ~:~ · .,...-.~ · . ~ ! .': ~'' I. tO II~ul~ '~;~'~;,:.~,.~:~,' ~:~:;~ ~" I. -., ..~-t.'..... ~ ..~.,~ ;.; , .:.,., .....~t.~..~,...~. ~~ .,~~:~ Suggested Side Election M~I~Ii~ CANNON DF. SIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA94~5 Der Torosaian Residence Design Renew Comments March 25, ~001 Pa~e 3 'I~le last item is perhaps le88 important since it is Ln the rear o£ the house. I do not trove a neighbor- hood map or neighborhood photos so I do not know whether anyone is impacted by th~ elevation. The suggestion would be to consider expandin~ the width of the balcony and provid~3 a more vistudly poaitive means of supporting the Balcony by the use of brackets. Provide wider balcony and support with brackets !~:" '"f" ' ~ ...'~7':: .' ~':."..,: ~:..' ~,.. .. .; .. Suggested Rear Elevation Changes Peter, if you have any questions, please ~ive me a call. Sincerely, Larry L. C~on AIA AICP Presk[ent CANNON DF.~IGN GROUP 180 HARBOR Dlll'~. Slat-tit 219. SAUSAL1TO.CA94~ 'OH/F PHRHTOH P. 1/4 ] Tcm tt tRTON PROJECT DEVELOPMENT 6-3-200! Pater. Gilli Community Development Dept. 'Clty of Cupe~no 10300 Tone Ave, Cupertino, Ca. 95014 Re: Ocr TorossJan Residenca 1.0430 Starn Avenue Dear Pel~, Thank you for your review of the proposed Der Torossian Residence. In consideration of the comments made on the plans by Cannon Design Gmup~ It is the desire of this firm and the owner to resubmit to you wlth the following changes. Although we have incorporated some of his recommended changes, We feel that the house Is asteUcally pleasing and in keeping with this neighborhood. It is hard for us to understand the architectural flavor that he is trying to,achieve. LatlJce wo~, expanded decks, and entry columns present clutter and present a vagarious design. The following revisions am incorporated Into these new elevations for your '., , approval. 1) Garage doors are now inset :18 Inches to allow for relief and shadow line. This did not require moving the house on the Iot~ for It will still mainteln the 20 foot setback. 2) The back deck now has cosmetic beams to give the deck an addittonal Detail, It is not our Interest to extend the deck. Small decks and balconys are cartainly fitting to this archltectura! style. 3) The d~enee in height of the eve is created by the JolstJng requirements 4) at the second story line that requires joistlng. It cannot be lowered without considerable cost and structural modiflcatJons. It Is the rear side of the house and a break of this line is not bad design. , It is our interest to proceed to Design R, evlew wrd~ a Second story deck % ,. 41315 [~APm:LA RD. · C, APrT01.A, ~ 950'I0, [4~476-g. Ei'10 · FAX476-O730 · general ~nea~m.~e St. L~. No. EXHIBIT G CUPE INO Community Development Department 10300 Torte Avenue Cupertino, California 95014 Phone (408) 777-3308 Fax (408) 777-3333 June 28, 2001 Mr. Dennis Norton 4315 Cnpitola Rd Capitola, CA 95010 Fax: 831-476-0730 RE:DerTurossianl~aldence, 10430St~rnAvenu~ ~ ~ Dear Mr. Norton, Attached are markups of th~ new elevations and pl~n~ that you submitted earlier this month. There are still a number of issues, including: 1. Garage and Entry Relationships: it is s~rongly recommended that the garage element be balanced out. This can be done by decreasing one side from four ~-t to two feet, or by making both sides three feet (door to comer of wall). By leaving two feet on either side of the garage door, you will be able to widen the porch and add a little more emphasis to the entry. I added a column to lite marked-up plan to match the other column, but with the increased porch area, the colunms may not be necessary. You did increase the garage door inset as the Architectural Consultant requested, but I wanted to let you know that 18'* is.more ' than the 12" he t~luested. 2. Second Story Roof: changing the left side roof element on the second story (when viewed from the front) to a hip mol would decrease the mass of the second story. Also, it appears that such a change would improve the relationship of the roof to the rest of the house, which .has hip features on the ends of the first and second story roofs. 3. Second Story Windows: the primary concern here is balance between the two second story windows near the stairway with th~ gable end roof end the air vents. Please adjust the windows to improve the relationship of these elements. 4. First Story Side Elevation Wall Heights: this relates to the change in thc enve heights on the side elevation (where the eaves don't line up). The City consistently directs applicants to keep wall heights as low as possible (there are design guidelines that discuss this). Please give me the exterior wall heights of the two sections on the left side eie~;ation, as well as the corresponding interior ceiling heights. 5. Second Story Deck: the added detail addresses staff*s concerns. An exception is needed for the deck, but that is standard for all second story deck3, 'You may ~honse to apply for Design Review and a Second Story Deck Exception without moclifyLng your plan, but staff will be recommending that the design be changed to address the issues above. If the design is revised to address the issues above, stnffwould recommend approval of the design without further changes. Assooi~. Planner EXHIBIT H CUPE IN0 Community Development Department 10300 Torte Avenue Cupertino, California 95014 Phone (408) 777-3308 Fax (408) 777-3333 November 30, 2001 Mt. Dennis Norton ~' 4315 Capitola Rd Capitola, CA 95010 ~'~ ~' t ~ RE: 10430 Stern Ave Dear Mr. Norton, Your application for design review and a second story deck has been received. You are' scheduled for the Design Review Committee meeting of December 19, 2001. While reviewing your application, I discovered that there are a number of required items missing. There are also some design issues that still need to be resolved. Some of the application requirements for the plan sets have not been met: · The site plan must show the location of buildings on adjoining properties. See marked up Sheet ~,~,~ 2a. The site plan must have the existing/proposed finished floor elevation of the subject property and the existing floor elevation of adjoining lot buildings. Please take into account the effect of grading and drainage improvements on the finished floor elevation. · Add the ratio of second floor to lust floor area and overall floor area ratio to the cover sheet's General Information table. · A building cross section from the street through the proposed house is required. The application requi/ements for the story board have not been completely met. However, I believe you have enoup, h visual information and data to proceed w~thout redoing the board. General Comments, not in any particular order: · ~ · Sheet 2 is not necessary since Sheet 2a,shows the site plan clearly enough. , ~_ · Sheet 2B is not necessary since Sheet 2a shows the 30 degree vision angles correctly. ~ · Why does Sheet 2a note that the vision angles are "shade"? Ig,~.'-,...o~ '~ · I~-flost of the sheets i~ the ~uced p~n sets ~ r=dable, but the copy nf Sheet S CSlevation,) did '-'~[ not come out clearly. Whenyou resubmit revisions, please make sure all the pages ar~ legible. · Ad'---d d onsions for the distances be ,ean gride and the floor, the floor and the fl.t floor ceiling, the second floor and the second floor ceiling and the total height. .~. · Sections are indicated on Sheet 5 but the actual sections were not included. .,o Thoro are two sections of the house that have a curvilinear bay window feature. The floor plans ,-'-I .) and elevations indicate that these features will have its own roof element, but the site plans (which show the roof plan) do not show them. .~~:~ · The sit~ plans show a tiny comer of the living mom in the front setback area. Adjust the plans to meet the proper setbacks. · Based on past discussions with the building depa~ t,uent, I do not believe that your lightwell de,i will be accept,hie at uil,iing Permit st, ge. Plo e untact the uilding ~,~.~-r~. to make sure you meet the/r codes. The following are design related issues, some of which we have alr~y discussed. ~I intend to make the following conditions of approval for your project: ~k~C.' .~, Wood trimandsills forwindowsanddoors-addsadifferantmaterialtothecommonstucoohileroofmaterials. .~ · A hip roof over the library on the second story- reduces the second story mass. , ~aooa- ] · _The curb-cut be reduced to a two-car driveway width & use grass-crete or another semi-pervlous ff ~'surface for the third driveway parking space - these two changes are strongly recommended by ~ the City's Stonn Water RunoffPrevenfion Manager. There are aesthetic benefits as well of more of a park strip and less pavement in the front yard. The following issues may be discussed in the staff'report and at the hearing, but I do not expect to require them as conditions of approval:  _-O_~ c.~t- · It appears the second floor ceiling height is 9 feet, please consider lowering it to 8 feet and using vaulted ceilings to achieve higher ceilings. The "neighborly" benefits of sacriftcing to lower interior heights to lower the overall height always helps. Hopefully, you can get most of tho ~ higher ceiling back by using vaulted ceilings. ,~~x.~.~i~ The unbalanced garage facade. It still looks awkward and consistently draws my eye, and the ~'~-~' ~ eyes of others in the office. · , ~ . · Shift the entire house backwards to save the significant fir tree in the front yard. ~ I. '~ g~-e~-ve~t. & ~. Incorporating a heavy base material would add texture and interest to the front elevation. l,~g'~ro~A~'~"~~' Inset the garage door 12" as requested by the _Architeetuml Cons~ulta~n~ .t, not 18_". c~ I cc C) 15 C~ $~' __. Please submit one revised full size plan set to my attention as soon as possible. I will look it over and let you know if its okay to make the reduced size plans. 1 Ixl 7 plan sets are the preferred size for reductions. Call me if you have ~y questions. Peter Oilli Associate Planner ~ c(Og] 9' '~7 - 3~ ) ~ .. Enclosed: Marked up plan ;]:GN REVIEW APPL~CA'iION FORH W ,~,,,,,,~,~lty Development' Departrnen~ 10300 Torre Avenue (408) 777-3308 / ~ax (408) 777-3333 ProperS/C:~wer Phme(h) S ~Contac~Per.o. F'~one(w) ~,,'$ q. F~e(h) AppllcaUon ~ (~ all ~ a~) ~ ~mE~ DA~ ~ PROPOSED STORY .P. OLE CONSTRUCTZON .. Community Development Department 10300 Tone Avenue (408) 777-3308/Fax (408) 777-3333 CUPEi~TiNO cure.o, c4 9so~ PurDose To provide the decision-makers and neighbors wrd~ a visual tool to evaluate the proposed two- story residential construction. Requirement Install height poles to outline the building's four comers and roof's peak points. Znstall 2' high pi .asflc snow fencing where the roof meets the wall and along roof .ridges to meet the roof peak points. Length of ~nsl:alla~on The story poles shall remain in place from the time the Residential Design Review application is filed to the end of the appeal deadline or appeal-hearing. Installation A licensed conbactor must install the story poles. Validation ^ licensed architec~ or engineer shall certify the design and accuracy of the story pole construc- ton. Story Pole Cel Ur;cat;on ! cerl~/that the story poles in,tailed at: are consistent in design, height and location with the site and elevation plans drawn by ~4=Ud ~' t ~ 'P--__..,~ (Architect~ engineer or surveyor name) and dated Name ~~.~ ,p_. ~~ '. Title "'l~-'c:l ~--I ~c~. Professional Ucense Stamp Here  CHECKLI:b'r FORM (1 OF 2.) Community Development Department 10300 Torre Avenue (~108) 777-3308~Fax(408) 777-3333 £UPEI TINO o o,c 9 014 Please circle yes or no for each item, Complete ~e written description for each i~em answered 'no'~ describe how the item is Inconsistent, and how it could either be changed to be consis- tent or how it meets the findings in spite of the inconsistency. R1 Ordinance Consistency (Overall) Yes No Floor Area Ratio · Yes No Setbacks Yes No Height Yes No Privacy Protection Yes No Maximum Extedor Wail Height Yes No Ofi'~ets Yes No 1' Roof Eaves Yes No 14' Maximum Entry Feature Yes No Findings Yes No Describe how l~e project is inconsistent ('No'answers) and how it meats the mandatory findings in spite of the Inconsistency (attach a separate sheet as necessary): Design Guidelines (Overall) Yes No Neighborhood Compatibility Yes No Soil grade similar Yes No Roor elevation similar Yes No Balanced architectural form Yes No Similar roof pitch, eave & ridge Yes No Transitions between buildings Yes No Privacy p~ion Yes No CITY OF CUPERTIHO 10300 Torte Avenue, Cupertino, t"'~l~ornia 9501.4 D~~ OF CO~ D~O~ ~RT FO~ Application: ll-U-01, 16-EA-01 Agencla Da~. February 11, 2002 Applicanl: BillMard Owns:. Bill M~'ci Loeatiom 10056 Orange Avenue East of Orange Avenue approximately 100 feet northerly of Granada Ave Application Summary: Use pe,,,~.it to demolish a 1,205 sclft single family house, and cor~t~--~ a mixed use development consisting of a 7,912 sc~m~e [oo[ mixed use building with ~ square ~eet of o~ice/retail space and 3,429 scpmre ~eet of residential space (2 units). RECO~ATION: S~c recommends that tb~ Planning Commission recommend approval off 1. The z~e~ative declaration, file rmr~ber 16-]~.-01 2. Tb~ use pe~a.it application, file n-tuber 11-U-01, irt accordance with the model resolutioru Project Data: General Plan Designation: Monta Vista Special Planning Area Zoning Desig~tation: Planned Development (CN, ML, t~T~ ~-12) Acreage (Gross/Net): 23 acres / .21 net acres Density:. 8.7 du/gr, ac. Height:. 29 feet Stories: 2 story Parking: Units~sq ft. Ratio Required Residential 2 units 2/unit 4 s~ll~ Re~! 1,O 70 sq fl ~250 sq fl S st~ls Offic~ 1,095 sq ft 1/285 sq f~ 4 sfd~s Retail & Office Mix (da3r~me 9 n.n~ = 4 p~=) ' 9 s+~".~ '~ T~m ~.~00.0~C Total 9 + 4 (~.side~) - 13 Proposed: 1~ S~ll.~ Project Consiste~ with: General Plato Yes Zoning. Yes Environmental Assessmenl: Ne§afire Declaration DISCUSSION: This report will summarize this project's confo,,,~mce with the Gen~l Plan and Monta Vista Design Guidelines followed by an overview of the commerce!/office component, residential component, building design, traffic impacts, shared parking analysis, public improvements, and landscaping/tree removal. GENERAL PLAN Tb~ Genial Plan desil~afion for the subject sim is Monta Vista Spe~s! Plannin~ Are~ The project conforms to the Gener~l Plan use, height and density reg~]stions. In addition, tbe project meets the following C-~ral Plan Polities: Policy 2-12: Mixed-Use Developmen~ Allow mixed-use development within the area bounded by Grarmd~_ Avenue, .Stevens Creek Blvd., Orange Avenue and the SP fight of way to rely on public parking on Pasadena and Imperial Avenues to meet the o~f-street parking needs for the commerdal part of the project. Policy 2-13: Store-Front Appearances Require commerelsl and office saactures to exhibit a traditional storef~oat appearance to tb~ public street. Req~ire b-ildings intended for i~l office use to be designed to accommodate future entrances from the sidewalk for re~il shops. Do not permit tb~ building to be separated from the public sidewalk by extensive landscaping or changes in elevatioz~ MONTA VISTA DESIGN GUIDEI.INES The Monta Vista Design Guidelines was developed to guide devdopments in the Monta Vista Special Planning Area. The I~tidelines provide development standards and design guidelines for various land uses including mixed use residential and re~il/comme~. The proposed project confo~,,~ to the various componertts of the Monta Vista Design Guidelines described in the foliowin~ Building Placement: Req,~ived Proposed Front 5 Feet ~ 5 Fee~ Side None 5 Feet (Right Side); 9 Feet (Left Side) Rear None 44 Feet Floor Area Ratio (FAR): The commercial and office component of the project is limited by a 33% FAR. The project is proposing a 32.7% FAR commercial/office FAR. According to the Monta Vista Design Guidelines tb~e are no FAR reqnlrements for residential. Tb~ proposed 2 residential units are sllocated from the General Plan's (Policy 2- 2 3) allowance under the undesignated pool of residential development priorities outlined in the development priorities table. SITE ANALYSIS It ~uld be noted that the proposed project site is located in an existing developed urban area that will be redeveloped eventually as part of the Monta Vista Planning Area. This project will be the first parcel along this s~etch of Orange Ave. proposed to be redeveioped. The project site is surround by shnilar and compatible land uses. The project site will be accessed through an 18 foot wide shared driveway with the adjacent property immediately north of tb~ project site. The applicant provided staff with a signed letter from the adjacent property owner Mr. Toni Jarrami agreeing to enter into a shared access agreement. COMMERCIAL COMPONENT The proposed b0ilding provides a traditional store, front appearance dose to the public street. In addition, each tenant space has pedestrian entrances/access from the sidewalk that is highly desirable per the Monta Vista Design Guidelines. RESIDENTIAL COMPONENT The residential component consists of 2 apartment units on the second level above the commerCe/retail floor. The 2 bedroom 2 bath apatta-umt unit will be served with a one-car ground level parking garage and an open parking s~il ~ the zear of the building. The 3 bedroom 2 bath apartment unit will be served with a two-car ground level garage. Each apa~hz,ent unit has a private balcony that faces the rear of the building. There are no residential interfaces along the rear of the project site. Access to the apa~h~umt units will be either from the parking garages or from the rear and right side of building. BUILDING DESIGN The proposed building architecture is consistent with the Monta VLsta Design Guidpllnes in that the proposed bui]rllng mater~nl., color, and b~ildlr~ fO,,,,~ ate ~11 il't keeping with the standards recommended. The building is beige in color sided with hardi-plank horizontal shiplap siding. White revenl.~/trims are introduced on all four elevations and on the eave and around the windows/doors. Please refer to the development plans for further illustration of the. building matexanl.¥features. Not only is the b, ildlng design consistent with the City's design guidelines, it is also compatible with the existing architec~al style of tb~ surrounding neighborhood. The City's Architectural Consultant has also reviewed the project and expressed support of it. SHARED PARKING The project will s~e parking between the residential, comme~! and office uses. The City's parkin~ ordinance provides a metb~dolo~/for calculating sbsred parkin~ for si~u~ll mixed-use projects (Table 19.100.040-C, attached). Based on this methodology, the project will be at its highest demand for parking between ~ hours of 9 ~n~ to 4 p.nc Therefore 9 stalls will be required to be provided for the mixed-use. A total of 13 s~lls (9 plus 4 s~ll.~ req-lved for the 2 apartment units) are req~ired of the entire project. The project provides 11 on-site stalis and two off street parking stalls. Under the General Plan Policy 23, the project site is located in an area where property owners could ob~dn credit for on-street parking for commerce! activities. PUBLIC IMPROVEMENTS A 10-foot dedication along the/rontage of the project site is required for street widening and sidewalk improvements. The applicant/property owner shall be responsible to install curbs, gutters and sidewalks. The minimum paved roadway shall be 40 feet with a 5 feet wide monolithic sidew~11c LANDSCA_PlNGffREE REMOVAL As part of this project, 13 trees will be removed due to the building and driveway locations. None of these trees is considered protected trees under ~ City's free ord/nance. To mitigate the removed trees the applicant is proposing to plant I - 36 inch box Coast Live Oak at the northeast comer of the project site and 4 - 5 gallon Italian Cypresses along the front of the building. In addition, the applicant is proposing to plant various shrubs and vines arow0xi the proposed lmilding to enhance the Staff recommends that additional Boston Ivies be planted in a 1-foot planter box along the ri~t side of the buildin~ (except es~s/inS~.~ss locations). The applicant will be required to preserve a Coast Live Oak (18" in diameter) located at the southwest con~r of the project site. Enclosures: Model Resolution Exhibit A: Shared Parld~ Table Exhibit B: Arborist Report Exhil~'t C: Initial Study Exhibit D: Reconm~ndation of Environmental Review Committee Submitted by: Gary Cbao, Assislant Planner Approved by: Ciddy Wordell, City l~nner ~//.~ 11-U-01 16-EA-01 crrY oF CUPERTINO 10300 Torte Avenue Cupertino, C~llfornia 95014 MODEL ]~-OLUTION OF THE PLANNING COMMr.~ON OF THE CITY OF CUPERTINO RECO~ING APPROVAL OF A USE PERMIT TO DEMOT.r.qH AN EXIb"TING I~K'~-'IDENCE AND CONSTRUCT AN 7,912 SQUARE FOOT MIXED USE BUILDING WITH 4,483 SQUARE FEET OF OFFICE/RETAIL 5'PAC~-~ AND 3,429 F/~UARE FWA'T OF I~E-'~IDENTIAL SPACe. (2 UNITS) SECTION I: PROIECT D~/2RIPTION Application No.: 11-U-01,16-EA-01 Applicant Bill MA~ci Locatior~ 10056 Orange Avenue SECTION II: FINDINGS FOR USE PERMrr WHEREAS, the Planning Commiss/on of the City of Cupertino received an application for a Use Pe~,.dt, as described in Section II. of this Resolution; and WHERP~, 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 WI-H/RI~AS, the applicant has met [he burden of proof required to support said application; and bas s~ti.~fied the following requirements: 1) The proposed use, at the proposed location, will not be detrimental or injurious to proper~ or improvements in the vicim'ty, and. will not be detrimental to the public health, safety, general welfare, or convenience; 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive Ger~al Plan and the purpose oi this ritie. NOW, TI-II~:~OP.E, BE 1T I~k'?,OLVED: That after carefifl consideration of maps, facts, exhibits, testimony and othor' evidence submitted in this matter, the application for Use F~,,.~t and Negative Declaration are hereby recommended for approval, subject to the conditions which are enumerated in tbis Resolution beginnh!g on Page 2 thereof; and That the subconclusions upon which the flndin~ and conditions speC/led in this resolution are based and contained in the public hearing record concentin~ Application No. 11-U-01 Resolution No. 1 l-U-01 February 11, 2002 Page-2- and 16-EA-01 as set forth in the Minutes of the Planning Commission Meeting of Febr,~a~y 11, 2002, and are incorporated by reference though f~,lIy set forth herein. SECTION lH: CONDITIONS AD~ BY THE COMMUNITY DEVELO~ DEPT. 1. APPROVED EXHIBITS Approval is based on Sheets 1-5 of the Plan Set dated January 28, 2001 and the Materi'~l Board dated 12-26-01 except .as may be amended by the conditiom contaived in this resolution. 2. INGRtE~/EGI?k'~S EASEMENT The apbl/oknt shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorvey, for the parcel to the nortl~ Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the subject property and the property to the west. The easement shall be recorded prior to issua~:e of bui]tli~g per~.its. 3. SHARED ACC3E~ DRIVEWAY The proposed shared access driveway sbsI1 be f,,lly installed and constructed to the satisfaction of the Public Works Depa~k, ent prior to the issuance of final occupancy. 4. COM1V[I~CIAL USE The applic_~_ut shall record an appropriate deed restriction and covenant running with the land, subject to approval of the City Attorney, for the project parcel. Said deed restriction sb~I! restrict the 1,974 square foot ground floor space to only commercial. The easement shall be recorded prior to issuance of building pexadts. 5. ~G PLANTERS A one-foot wide landscape planter box shall be installed along the right side of the building (except ingress/egress locations). A revised landscaping plan shall be submitted to the Planning Department for review and approval prior to the issuance of building pe~,ats. 6. TREE PROTECTION The existing tree shall be protected as shown on Sheet 1. A bond for $10,000 for protection of the Coast Live Oak shall be provided prior to issuance of a building permit, and shall be released upon a written statement by the arborist that the health of the tree was not adversely affected during construction, prior to final occupancy. 7. NOTICE OF ~. DEDICATIONS, RKSERVATIONS OR ~ 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 Re. solution No. 1 l-U-01 Febrtla~ 11, 2002 Page-2- exactions. You are hereby ~ nogf4ed that {he 90~ay approval period in which you may protest these fees, dedications, reservatiom, 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 req-lvements of Section 66020, you will be legally barred from hter challenging such exactions. 8. BELOW MARKET RATE PROGRAM The applicant shall comply with the req~irements of the Homing Mitigation Manual. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPAR~ Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as req-i~ed by the City Engineer. 10. CURB AND GUTTER IMPRO~ Curbs and gutters, sidewalks and related structures ~ be installed in accordance with grades and standards as specified by tb~ City Engineer. 11. STRI~r LIGHTING INSTALLATION Street lighting sbsl! be ins~lled and sb~l! be as approved by the City ~. Lighting fixtttres sJ~sll be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and sbsl! be no higher than tb~ maximum height pe~..dtted by the zone in which the site is located. 12. FIRE HYDRANT Fire hydrants shall be located as req-lred by the City. 13. TRAFFIC SIGNALS Traffic control signs shall be placed at locations specified by the City. 14. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 15. DRAINAGE Drainage shall be provided to the sa,'_sfaction of tb~ City Engineer. Surface flow across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless storm drain faeillties are deemed necessary by the City Engineer. Development in all othei' zoning dis~dct~ shall be served by on site storm drainage facilities conw-.cted to the City storm drainage system. If City sto~.~ drains are not available, drainage facilities sb~ll be installed to tb~ satisfaction of the City Engineer. 16..UNDERGROUND ~ Tb~ developer s~sl! comply with the req-lrements of the Undergrou~xt U~ilities Ordina~x:e No. 331 and other related Ordir~nces and regulations of the City of l~solution No. 1 l-U-01 Febp~sry 11, 2002 Page-2- Cupez'dno, and shall coordinate with ~ced utility providers {or ins~n~tion o{ underground utility devices. The developer shall subudt detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected UHlity provider and the City Engineer. 17. FIRE PROTECTION Fire sprinklers shali be installed in any new construction on Lot A to ~.e approval City. The driveway to Lot A shall be marked Fire Lane on the ~ map. 18. IMPRO~ AG~~ The project developer sbp11 enter into a development agreement with tl~ City of Cupertino providing for payment of fees, includin~ but not limited to checldng and inspection fees, sto~,,~ drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to Lssuance of construction pe~,.dts. a. Checking&Inspe~onl~ees: $ 5% of Off-Site Improvement Cost or $2,268.00 n~imum b. G~aciing Fe~-dt: $ 5% of Site Iml~ovement Cost b. Development M~utenance Deposit:. $1,000.00 c. Stoiu~ Drainage Fee: $521.00 d. Power Cost:. ** e. Map Checking Fees: N/A f. Park Fees: $8,100.00 1~ Street Tree By Developer **Based on the latest effective PG&E rate schedule by the PUC Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement c. On-site Gracting Bond: 100% of site improvements. The fees described above are imposed based upon the current fee adopted by the City Council. However, tb~ fees imposed herein may be modified at the Hme of recordation of a final map or issuance of a b~dldlrt~ pellllit in the event of said chan~ or ~ the fees changed at that ~im~ will reflect the then current fee schedule. 19. TRANSFO~ Hleci~ical transto~ihers, telephone vaults and siwilnr above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. R~olution No. 1 l-U-01 Febv,~ry 11, 2002 Page-2- 20. DEDICATION OF WATERI.IN'I~ The developer shall dedicate to the City all waterlines and appurtenances installed to Standards and shall reach an agreement with San Jose Water for water service to the subject development. 21. BEST MANA~ PRACTICr~ Utili~.e Best M~nagement Practices (BMP's), as required by the State Iqater Resources Control Board, for construction activity which disturbs soil. BMP plans shall be included in the gradin~ and skeet improvement plans. Erosion and or sediment control plan shall be provided. CITY ENGINk'iRR'S CERTIFICATE OF ACCEPTANCE OF ENG~G/SURVEYING CONDITIONS (Section 66474.18 t~ali$ornia Government Code) I hereby certify that the engiw~dng and surveying conditions specified in Section IV. of this Resolution conform to genernlly accepted engiv~g practices. Ralph (~;~II.~, City' PASSED AND ADOPTED this llth day of February, 2002, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of C~li~ornia, by the following roll call vote: AYI~: COMMISSIONERS: NOk-~: COMONERS: ABSTAIN: COIVlI~.qSIONERS: ABSENT: COM1VIr~O~: A~: APPROVED: '. Steve Piasecki Charles C. orr, Chak,,~ Director of Community Development Planning Commission 19.1G0.040 ~ Way AMa 1 Way Aide 0· tfl 10.0 IlO 19.0 N/A N/A 30* LO I0.0- 18,0 IS.S 43.9 M.S 40' LO !~0 ILO IS.~ 45~ 39.7 4~ LO IIXO lis IS..~ 47.1 40.9 CIlpm SOs LO IirI 19.0 L~ 48.9 41.9 70~ LO 17.0 21.0 l~ S3.7 49.~ gO° LO N/A 23*0 13,S $4~0' N/A Pm' bmllmp ~-:--- ---'nio qIam, pimm feb' to ~ ! 118A.4 af 1994 LTH:~. Bm'ldbf Codo. Tnble 19.100.040-C CALCUlaTING SHARED PAPrlNG FOR MIXED-USE DEVELOPMENTS wmm:DAY w.czz~R~D N~GIFFIME (9Lm.-4pm.) (6p~n.-midaisht) (9&m.-4p.m.) (6p~.-midnisht) (mJdnifht.6~n.) · . Rem~ 60 ~0 100 70 ~, ' Hold 75 100 75 100 75 ?"" '~ Remmmt 100 100 100 100 10 l~nl~l~,~I/ 40 100 ~0 100 10 (OKL 1737 (pm), 1996: OrcL 1657 (pm), 1994; Ord. 1637 (pm). 1993; Ord. 1601 ~ A (part), 1992) ally ~pplicable m I~mflar u~s which Justify ~ ~ ~M~ ~ ~ ~ ~ ~ ~ ~~ ~y~~~ ~mi~ m ~or~m~~ . ,.,~.../. ~). x~ .. 58~ Exhibit B1/'I-G/2Be2 22:3B 48825'52421 5A~ TRE~ ~E~'ZG ~ 82 SARATOGA TREE SERVICE 1~745 Sh/h, ~ 40&.~Z.4)IQ6- 2OO2 Bill Ma~ 1934 l~llen Aye. Sm ~ose, CA 95125-2~21 RE: 10056 Ormp &~,, CupeffJno Smatos~ T~e Servi~e ws$ asked to sur~7 d~e ~rees.m 1 ~6 ~ A~. ~ ~. ~ lOt b t0 ~ d~ ~ ~ ~ ~ Cu~ ~ ~ ~g ~o~ ~ ~~~, ~~of~u~~on~l~. incl.. A B~ P~~ ~m ~ ~ ~ ~ ~e ~ i~ ~ not A~p ~~~l~of~~~= of;~ 14, of~ ~ M RECEIVED JAN 1 6 ~00~ EXHIBIT B B.?./~.5/2~82 .T2;36 4662~tS2423. SNM,'I'06~ ~ ~T{~ ~ 94 10056 ~"~ '--.- .% Cl. IZ~ " 0ooo0 #$0 ; Sh,.,l:l EA File No. Ca~ File No. PRO3ECT DI~.SCIHPT!ON: Attachments Project Title 100.5/. I'rojeot Locafiou l OO ~ ~ Proj~'t Description IJ~.~C ~v~nm~ S~ PROJECT DI~-~J[PTION: Z~e ~{~ ~id~ To~ ~V~ ~rms" To~! s.L P~ U~t T~e U~t U~t App~le Sp~ ~ pI...~ (Check) ~m Vh~ ~i~ ~ ~ S. De An~ ~no~ 8~ ~ Blv~ ~ ~ S~ ~ Blv~ SW& L'~ape If Non-P, midenfial, Building Ama ~0~ ~ ~.f. FAR~ Max. H,,nployees/Sh iff /o/~ PsrkingR.equimd I~ser~ce ParkingProvid~._.l"~ ProjoctSitoisWithinCupertinoUrb~n Area YES ~_ NO. ~-~ EXHIBIT C IMPACT WILL ~ PROJECT.. ~o~ s~mcm slsnmnat :~.,.,~. SOURCE SL--m.~nt (IvlMpdon (No NO vu~x~oa) ~_~on 1) P. equi~ · cim~e fX'om tho Innd uso · 1.7,8 Oonml Plaa? 2) n~qui~ a chnse ~fan adopmf 4) P--,!t in submndnl chan~ in the p,~..-~ Ired um of lh~ si~ or Iht of [~ [] [] [] [] 7.12 sUot, ins p~ S) Dism~t o~ dlvlda th, physical mnfisurlti, of m utablishM [] [] [] [] [] 7.1~'9~41 n~igabodu~od? l) h~t.~e tho exbtlns mnoval tm, ~r S,lO result In the removal ora v~.,~ --u~o [~ [] [] [] [] for e~,,~,.~cid purp~.__~__ Onduding iW su~ ss rock. smd. Faval. uae. s. mimrals or top4oll)? " (Clm I ~ II soils) to non-~flcoltaral m~ nndor ~ Willhmsou Ac~ or ~ny Opm IM])ACT WILL TWr. PROJECT... N~ SiSnm~ant Stanificant :umulativo SOURCE sisnmm~ (Mmpmou NO r,wo~) 3) Chmgo tho e~stins bbitat fc~d ~.~.,~.~..... ~ [] [] I-1. [] ,.,o endansemd species of plant or mimal? 4) Involve outtlnL removal of to th~ sim or introduced? G} ~IL~NS~PO~A~ION 1) Cause an Inaemo tn tndtl~which is ~ubmnUtd h ~lation to tho axistins 2) ~me n~ publi~ ~ pfiv~ steer intersection to fonctloa bblow Levol of * 3) lnm~so trafF~ ,~.~.:,~.~,~.~,..~ [] [] [] [] [] 4) Advmely tffoct .,'~._,_. to ~""'.'~"0~°~" 1~1 .O [] [] [] ,.,o S) Came nredu~lmt In public - pmje~t sito? parking fitoilitim, or en~tudor dcmimd Rjr [] ~ [] [] [] I,.16 now pad~n~ space? '~) Tnht'h~ttisO of'fdt~miitlvazllod~of' H) HOUSING 1) Reduce U~o supply off~rdable IMv.dn~ in the cmmnunlty, or result In tho [] [] [] [] [] 3.16 dlsplb~..mt ofpmmLs fi~xn tl~ir lx~smt home? 2) Inmuse tim ~ost ofhousl~ in tho 3, 16 mre~ or ,ubmntiolly chanp ~mo vm'l~t~ O [] [] [] [] ofhousin~ t~q~es ~ound Jn the l ) Xnvolve~bo appli~ation, us~, [] [] [] [] 0 . 32,40,42,43 dlspossl or manufaou~ of potentially 2) Involv~ risk oF ~-plosion or o~e~ f~ns of uncontrolled rolosso of ~ submnco~ 3) Involve the removal m' continued [~ [] [] [] [] 33,42,43 mo of s~, oximinL or inmllatlon of my p. ew Imdeqrmmd chmical orhel II~ tmlr9 S) Hmploy technolo~ %vltlch ~ould advorsoiy afoot publl,~ sa.foty in th,* [] [] ~ [] [] d10,43 ovont of a breakdown? IMPACT ~ TI:I~, PROJECT... sot sL=*~=nt sisnu~= annul=iv, SOURCE NO ~ 2) ~ advor~l~ ~ prolm~ of hism~ I, lO,il 2) hta_'_'~ substmtM ~mm:b, or sirra' [] [] [] I, 46.47 tho lo~tion, distd~tio~ ordmml~ of tho humm p~nd~lou ofm incre~ the reed f~:. ,0,*~,~,~s=,~ []~ [] [][] ,9.32 c) Publl,, Sdmols~ 29.30 d) ~on Fa~Hitiu? [] [] [] [] [] J. 17. 19.21 4) Cans= substantial Imp~t upon ~llowin~ cat=~xim: ,*) Stm, m w~5,- ~-*,,_~mt? 36.38 public facll~ which ~',?~' that 9mility [] [] [] [] [] to mar, h or =o:eed its mp~dty? ,~...:.~'/:~i ..~:,i~.~:~:i~:';i~:'~:.'.-~i~!.~j~...;~:~ ~7¢?~:,'.'.i';:.~.,'g"~:~..:,.'~;:./:.,.~.~.~'~l.,i,:::;::~.,.' '.:.;'~:~i~'~::":~;-~.'~'.~ /.-" ~" - '.' ' ' . . ~ ~d Us~l P~ ~ G~lo~Soi~ic ~ ~ ~o~~ ~ Housing ~ S~~ ~ ~ ~n~o~g ~ Flora & Fauna ~ T~spo~tion ~ ~s~~lo~ ~ H~ ~ Sd~ ~ Air O~liW ~ ~blic S~i~filifies ~ ~ ~ A~ ST~ ~UA~0N On the basis of this Initial Study, tho Euvironmental Review Commiff~ (PR.C) Finds: Select Tl~t tho proposed proj~'ct COULD NOT l~vo a sj_o~ificant effect on the ~nvironm~nt, and recommends that a NEGATIVE DBCIARATION'be/ranted. That althoush the project could have a significant effect on t~o ~vironm~t, no sisnificant eff~'~t will occur because mM'"'~fion measures are included in tho project. BRC recommends that a I~GATIVg. DBCLARATION That the proposed MAY have a si_=nificant effect on the environment nd recommends that an [~ b, S/phnningflnUtdpLdoc CITY OF CUPERTINO RECOMMENDATION OF ]~IVIRONMENTAL REVIEW COMMITTEE lmtmry 9, 2002 As provided by the Bnviro,~r~enUl Assessm~mt Procedure, adopted by the City Council of the City of Cupertino on May 27, 1983, as amenaed, rite following described project was reviewed By the ~,nvil'onme~ ~ovi~w Cornrnltte~ oftlio City of Ctlpertino on Sanuary 9, 2002. PRO~IECT ~ESCRIPTION AND LOCATION Application No.: 1 l-U-01, 16-EA-01 Applicant: Bill Marci Location: 10056 Orange Avenue DISCRETIONARY ACTION REQUEST Use Permit to construct a 7,912 square foot mixed use building with 4,483 square feet of officeYretail space and 3,429 square feet ofresid~atial space (2 units) FINDINGS OF THE ENVIRONMENTAL REVIV. W COMMITYEE The Environmental Review Committee recommends the granting of a Negative Declaration finding Stov~ ?iasedd Dire:or of Commn~lgr D~wlotmaent EXHIBIT D D FROM THE OFFICE OF cI-IVaS s~'^t~D~ COLOR BOARD ARCHITECT 10056 ORANGE AVENUE 801 CAMELIA STREET, SUITE E BERKELEY CA 94710 CUPERTINO ~ CALIFORNIA cu P~RTI riO, cA LI F 1l-2-1 PLANTING LEGE~ ~ ~ ~k ~[ 75' S~ SP~S SIZR PI COAST L~ O~ 36~ BOX P2 ME'CAN SAGE 5 G~ SITE DATA P3 ORC~ R~OSE 5 G~ ~T S~ 3'~ y [ ..... ~-- P4 ST~ ~ 5 G~ GROSS ~EFO~ 10' DEDICATIOn: 10,12~ ~. IT~ C~SS 15 G~ ~T (~ 10' D~ICATION): 9,375 SQ. ~. ~SH P~ P6 BOSTON ~ 5 G~ ENC~S~ I [ 2 [ 3 B~D~G ~ ~ ~T~ 1970 SQ. · 7'-;'"""~'"'"-?:'"~ C~ W~I.LS W/ ~S~ 160 sQ. '~'"' '"v'"'"~/"'""'v'-'"V""? ~OR P~ G~G~ 1258 SQ, ~, ~ E~V, S~ ~R ~S~ 3429 SQ, ~ ~'~ ~ F~: Offl~+~T~ 10~197~ 3~ ~, ~,~ 32,~ .~.-? ...~ -:. TOT~ F~: IST ~+2~ ~R= ~83+342~ 7912 SQ, ~,~ ~,4% 7 8 ........ ~.......... 7_..... ?......;_. , , ~ SOL~ 4" ~. CONC. R~F ..~ ~ ~ ~ ,. PA~GPRO~ED: ... · 7 ~-S~ OP~ SPA~ ...... ~ W~D ~ I ~IC~PED OPEN SPACE ............. 5 G~GE SPA~ ~" ~SH ENCLOS~ ELEVATIONS SASE ~. OFFICE: ~ 10~ SQ. FT~S~ 4 SPACm PROPOSED 1/8"=1'~" ~T~: 1970 SQ. FT~5~ 8 SPA~ ~. S~D P~G ~. ~~ ~,~ I ~T~H~ 8(.6) + ~.9) + ~1) + ~.7) + 8(.05) · · , 7....... · .. ~) STO~ D~ ~OLE SITE LANDSC E · 1/16,,=1,~ ~C~ ~ PROPOSED BU~D~G TO BE " '~ -' I '-G" ' ' CHRIS SPAULDING 4'-4" 20'-3½' { 4'- I 0'~'2' 20'-G" d oARCHITECTo DECK DINING DECK b I ~ L,WO APT. ' ~- -r- ~ ~TCHEN L~G ~CH~ APT. ~1 b t I n ~ c~o. ~m ~~- cm. f. '" "q BA~ 1 ~ BED~ 2 ~ED~ 2 ~ BED~ 3 ,, ~: 12-21~1 SECO~ FLOOR PL~. 1/8"=1'-0" .~ - HIGH-PROFILE ~ SCALLOPED COMP. SHINGLE ~ SHINGLES CHRIS SPAULDING '%.~.i".?..:~:.)i'::~'.di:~::.;~¢!:~::..:!.. :~ii~...:.i:.:~...!!.~.:~!...~i.!!.~i~i::i~L:~::;:~.:.ii~i:i~i~;~!!!ii~ X~'~)~i:~.,.~:? '~''~'' VINYL ........................... ~ ........... =~ ..... ~OWS ~ ............................................................. :....: .................................................................. ~....._...'.:-.'""-' .om. = .................................................................. -- ............................................... -~o~ ~ :::::::::::::::::::::.:"~ ~ ~ '::":::"::: ~ ~ ":.'..:'"....'....::-::':: ": :'::'.':':.'::"::":':':::: ~ ~ '.'::: '::.' :.:~: -- ~ ~::.'::::: :..:':" :':" ':.': ........... -- ............... .............. FRO~ ELEVA~ON 1/8"=1'-0" CHRIS SPAULDING uARCHITECT~ '": '.~?~ i~ .;~:. "..:." ~'". ~2 }." · 'e'.~ih.~.'.[:.~'''''' ' '.' ;...;.?!.......': .".. e .'.',.'.': ~' '. :.." ." ?..~ .~:.....~>.. ::~ .~ ......... ' ........................................................................................................ ;~.~'~'~..~'~;~ ~Y2~.~_~ ........................................................................................................................ ~..~.L~.~....~'~;~.~.~'~ ........................... ~_..~;~ ~ ......... ~ ELEVA~ON 1/8"=1'-0" LEFT-SIDE ELEVA~ON 1/S'=l'-O" 5 CHRIS SPAULDING oAKCHITECTo BEDRM 1 HALL LAUND CLOSET BATH 1 ~,~ HALL CLO. CLO. 6 cra, or CUP UUNO 10300 TORRI~ A¥1~IIJE, GLIPERTn~o, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director .. Planning Commission Agenda Date: Monday, February 11, 2002 The CAtv Council met on Monday, February 4, 2002, but no items relating to the Planning Commission were discussed. Items of interest to tb~ Planning Commission: 1. Community Congress: A meeting of the Cupextino Community Congress ba.u been scheduled for Friday, May 3, 2002. The General Plan will be the topic of dl.ucussion. More info,,~.ation will be presented at a later date. 2. Crossroads Area: Staff met with seven property owners in the Crossroads Area on January 29, 2002, Fo discuss proposed amendments to the Heart of the City Plan to accommodate a Downtown Village concept for the Crossroads area (see.attached report). ~1'~OSU~eS: Staff Report Newspaper/~ide CITY OF CUPERTINO 10300 Torte Avenue, Cupertino, Cal/fornla DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: General Plan Study Session Agenda Date: February 11, 2002 Reconunendatiom Discuss the topics presented in the staff report and provide direction desired for the draft General Plan or the process. BACKGROUND: This is the fifth smd), session on General Plan background information. The subject of this study session is the Preferred Alternative, which is a preliminary approach to deter.,dning land uses and allocating development potential. DISCUSSION: The development allocation system and the concept of a preferred alternative have been discussed at previous Planning Commission meetings. The purpose of this discussion is to preview an approach for the amended General Plan. Exhibit A compares the existing General Plan and the preliminary preferred alternative for various land uses. The underlying themes for the preferred alternative are based on the Guiding Principles presented at previous meetings: Vibrant m/xed-use "Heart of the City:" Additional commercial development potential is directed to the Crossroads and Vallco areas. (see Exhibit B.) Additional office development is directed to the Crossroads to provide second stories for buildings along the street. Balanced community: The preferred alternative plans for mixed-use development in the Heart of the City, Vallco area and the Homestead area, for example. Mixed-use development provides opportunities for more affordable housing, and for housing that balances the jobs created by the commercial/office development. Mobility: Residential, office and commercial development along major transportation corridors foster the use of transit, as well as easier access to shopping and work for pedestrians and bicyclists. The preferred alternative will be developed in more detail. Specific policies and build out data will be provided. Generally, as stated in Exhibit A, commercial square footage is decreased from the existing General Plan build out; office square footage is the same, except ut~li~.ation of a portion of the square footage would require residential development; the n,,nmber of residential units is increased to achieve a more desirable jobs/housing balance. Hotel development potential remains the same. Environmental impact analys~ will'be available for the preferred alternative at the time the draft General Plan is presented. NEXT STEPS: The Enviromnen~l Resource~ Element will be the subject of the next study session at the regular Planning Commission meeting. Enclosures: Exhibit A: Land Use Development Allocation Matrix Exhibit B: Urban Design.Overlay Submitted by: Ciddy Wordell, City Planner LAND USE DEVELOPMENT ALLOCATION MATRIX Exhibit A EXISTING GENERAL PLAN PRELIMINARY PREFERRED ALTERNATIVE COMMERCIAL COMMERCIAL No base FAR is allocated to existing Variable base FAR is allocated to commercial parcels, existing commercial parcels, depending Square footage is allocated by type oron where commercial uses are to be location of commercial area, e.g., Heart emphasized or de-emphasized. of the City (Policy 2-3, Strategy 2). Square footage is concentrated at the Allocation is distributed through the Crossroads (Downtown Village and use permit process. Vallco.) Mixed-use commercial/residential is required in certain areas. Allocations for service commercial are available for industrial or neighborhood areas. OFFICE OFFICE Base FAR ret~ir~ed by existing office Most base FAR is retained by existing properties, office properties (maximum FAR is Additional square footage allocated to.37). specific type or location of office "Pooled" square footage, consisting of properties (Policy 3-2, Strategy 3) excess or bonus square footage, is Existing bonus square footage retained, reallocated to Crossroads for second story office and to North De Anza for mixed-use office/residential. Total office build out is the same as the existing General Plan, although the reallocated portion of it will be tied to mixed-use development. RESIDENTIAL RESIDENTIAL Housing element allows 2,325 units Existing Housing element build out is above existing built units: retained. 1,378 in Planning Districts Additional units to achieve an 947 in Residential Neighborhoods improved jobs/housing ratio are (Policy 3-1) identified. Element allows evaluation of providingAdditional units above 500 may be an additional 500 units (Policy 3-2) needed to achieve a 1.8 jobs/housing ratio, if that is the targeted ratio. HOTEL HOTEL Of the 750 hotel rooms originally Keep existing policies. allowed, 284 hotel rooms remain to be allocated. Vallco Fashion Park has access to an additional 696 rooms because of its development agreement. G:planning/genplan/LAND USE ALLOCATION EXHIBIT B ~ '7. --~ ~j % ~ ~ ~ - .-~c~.~ _~' ... ==-=~_~ ~ ,~ ....... *. ~ .-" / '~- ' , ~ ~ . .....N ' ~ _ ~d~id~ ~ I .... - ~ - ......... . , ~ '.. ~, -~ - ~ , / - ,, .... /,. ......................... , -. ........................ .~ ///. ~ ~ ~ - / ~ ...................................... I_ ~~em ~ .d bsid.~ Sup~ ~n ~ign ~rlay ...................................... - ...... ...... ~ i / -~ ' ~ ~i~ Dr ~T~m~l ~md~ , _ ~ ,'~ ,