12-EXC-99CITY OF CUP ERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application No.:
Applicant:
]Location:
12-EXC-99
Chia-Hsin Tang
10231 Mira Vista Road
Agenda ®ante: November 17, 1999
]Project Data: -
General ]Plan Designation:Low 1-5 d.u./gross acre
Zoning Designation: R1-10
Parcel Size- 9,487 sq. ft.
Building Height:
]FAR: 4,153 sq. ft. = .44
Project Consistency with: General Plan: Yes Zoning: No, exceptiomregUired for.
second story window alignment
(Environmental Assessment: Categorically Exempt
Application Summary: Exception to second story, north -facing window alignment requirement,
in accordance with Chapter 19.28.080 of the Cupertino Municipal Code.
BACk GROUND
Chapter 19.28.60 of the R-1 Ordinance states that new side two story windows shall not align with
existing two story windows on adjacent buildings. The second story windows of the applicant's
property do align with the second story windows of a new residence under construction directly to the
north. A building permit was issued for the subject property with the second story windows approved
as shown on the attached plan set. Since the ordinance reads that new two story windows should- not
align with existing two story windows on adjacent buildings, staff determined that "existing" should
include plans for which building permits have been issued. Therefore, this applicant is subject to the
requirement not to align second story windows and seeks this exception for relief.
DISCUSSION
The second story bedroom windows of the subject and adjacent properties directly align_ The applicant
points out that there are two trees between his second story window and that of the neighbors. One is a
plum tree on his property, and the other is an oak tree on the neighbor's property. An arborist's'report
determines that both are in excellent health. The distance between the two windows is approximately
72 feet (the applicant's -letter estimates the distance to be 100 feet, but the site plan measurement is 72
feet).
Staff believes that the privacy protection findings can`be made based on the existing landscaping and
distance. The oak tree is on the neighbor's property and normally could not be counted as satisfying
privacy protection requirements. (privacy protection requirements must be met on the applicant's
property unless ,a waiver is provided). In this case, however, the oak tree is protected and cannot be
removed or significantly trimmed without a tree removal permit. Therefore, it does provide permanent.
privacy protection. The plum tree is deciduous, so the visibility between the two properties will be
greater than shown in the photographs provided. However, branches will still provide some visual
NI
mitigation, as does the distance between the two properties. Should additional plantuig on the
applicant's property be desired, it would be possible to plant another tree between the second story
window and the property line, and perhaps remove the plum tree at the time the new tree achievecl
some growth. However, planting of an additional tree would require partial removal of" a concrete
patio.
RECOMMENDATION
Staff recommends approval according to the findings in the attached resolution.
Enclosures:
Model Resolution
Letter, report and photographs from applicant
Plan Set
Prepared by: Ciddy Wordell, City Planner
g:/planning/pdreport/pc/ 12exc99
10231 Mira Vista Road
Cupertino, CA 95014
October 26 1999
a
t-fanning Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To Whom It May Concern,
I'm writing this letter to apply for an exception for the window alignment
requirement (Ordinance No. 1799 F.2) between my property at 10231 Mira Vista
Road and the adjacent property at 22310 Janice Avenue.
To justify this application, I'm providing the following two reasons.
1. There are two trees between the aligned windows. One is -a big oak tree and
the other one is a plum tree. These two trees completely block the views
from one window to the other. Pictures are provided with this application.
-!!V'The distance between the two aligned windows is approximately 100 feet.
c:f�zy'
This long distance` prevent the neighbors to overlook into each other's
houses by using the aligned windows.
Thank you very much for your consideration. -
Sincerely
Chia-Hsin Tang
Permit # S3095
I
TreeWorld
P.O. Box 1111 Santa Clara, CA 95052
408=954-8812
State Contractors lic ##738961
ARBORIST REPORT
of
A proposed: single family residence
Located at: 10213 Mira Vista ]load
Cupertino, CA
Prepared for:
cal axles Tang
As of: September 1, 1999
By: Kenneth Ik e. Sanford, Certified Arborist # ISA-WC-2243
TreeWorld
P.O. Pox 1111 Santa Mara, CA 95052
408-984-8812
State Contractors lic #738961
Introduction
Ken R. Sanford (TreeWorld) was requested by Charles Fang to inspect,
evaluate and report on trees located at 10231 Mira Vista Road, Cupertino,
CaliL This report is intended to provide evidence of compliance for
ordinance No. 1799 of the City Council of the' City of Cupertino (privacy
protection requirements) Pictures provided, correspond with site map (See
"Exhibit A`°). The following is our findings and recommendations.
Method ®f Evaluation
1. Record location of each tree on site reap.
2. Identity each tree as to species.
3. Measure trunk diameter at point 48" above grade.
4. Evaluate tree health of the true on a 0 e 5 scale, .Where 0 poor
and 5 = excellent condition.
5. Note any areas of structural .Weakness such as decay, cracks, poor crown
conformation, history of failure, etc.
Description of Trees
A total of 3 trees .Were evaluated .Which includes the following:
Comm®n Name Scienti[ic Name No. of Trees
]Give oak Quercus agnifolia 1
Mulbury Mulbury
Cherry Plum Prunus cerasifera 1
1
Artie orld
P.O. Box 1111 Santa Clara, CA 95052
408-984-8812
State Contractors lic #738961
Tree number (�
Type: live Oak
/// Trunk diameter at 4 ft.. = 18"
`t :t Canopy diameter: = 30 ft.
Height: - 35 ft.
Health condition: 5
Save
Tree number ( 2 �
Type: Mulbury
� Trunk diameter at 4 ft. 10"
Canopy diameter = 10 ft.
Height: 15
Health con
dition: 5
Save
Tree( 3 �
Type: Flowering ]Plum
Trunk diameter at 4 ft. = 5"
Canopydiameter = 7 ft.
Height: = 12 ft.
Health condition: 5
Save
TreeWorld
P.O. Box 1111 Santa Clara, CA 95052
408-984-8812
State Contractors lic #738961
Summer
It is the opinion of this arborist that the trees planted and described and evaluated in this
report fully comply with the ordinance No. 1799 of the City of Cupertino. It is`also
recommended that no further plantings be required in this area as long as regular
maintenance and yearly health inspection are grade by a certified arborist.
The information contained in this report is true and correct to the best of my knowledge.
Changes to the plans and to the site may necessitate the revision to the information
containe
d herein.
TreeWorld
1r Ken Sanford
Arborist #ISA=2243
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