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PC Summary 07-28-09City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Aarti Shrivastava, Director of Community Development Date: July 31, 2009 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE July 28, 2009 Chapter 19.32 of the Cupertino Municipal code provides for appeal of decisions made by the Planning Commission 1. Application DIR-2009-04, Daryl Harris (Hong Residence), 10928 Sycamore Drive Description An appeal of the approval of a Directors Minor Modification to allow a 562 square foot addition to an existing single family residence located in the Oak Valley Planned Development District Action The Planning Commission upheld the appeal on a 5-0 vote. The appellant has withdrawn their appeal Enclosures: Planning Commission Report of July 28, 2009 Planning Commission Resolution No. 6561 g:planning/Post Hearing summary to cc072809 CITY OF CUPERTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 -- Community Development Department SUMMARY Agenda Item No. ~ Agenda Date:1uly 28, 2009 Application: DIR-2009-04 Applicant (s): Mr. Daryl Harris on behalf of Mr. & Mrs. Roy and Andrea Hong Property Location: 10928 Sycamore Drive Application Summary: Consider an appeal of a Director's Minor Modification to allow a 562 square foot addition to an existing single-family residence in the Oak Valley Planned Development District. RECOMMENDATION: The Planning Commission has the option to make the following recommendation to the City Council: a) Uphold the Director of Community Development's decision; or b) Uphold the appeal; or c) Uphold the appeal with modifications. BACKGROUND: The applicant, Roy and Andrea Hong, are requesting a Director's Minor Modification to construct a 562 sq. ft. first floor addition to an existing two story single-family residence located at 10928 Sycamore Dr. within the Oak Valley planned residential neighborhood. A two-story residence currently exists on the parcel. Single-family residential parcels surround the subject site. Please see aerial photo below. DIR-2009-04 July 28, 2009 10928 Sycamore Drive Page 2 Aerial Photo DISCUSSION: The project proposes adding two areas on the first floor. A 48 square foot addition is located along the southern side of the house, maintaining the existing 10-foot side yard setback and is not being contested by the appellant. The remaining 514 square f oot addition is to be located at the rear of the existing residence, along the northern side with a proposed side yard setback of 5 feet. The existing wall on the northern side is currently set back 12-feet. The addition will accommodate a new great room and enlargement of the existing kitchen. The residence is currently 3,668 square feet, including the existing garage, and has an FAR of 24%. The new addition would increase the FAR to 28%. The property is allowed a maximum. FAR of 40%. The proposed project is consistent with all of the prescribed development standards in the Oak Valley Plaruling District (See Attachment 1). See summary table below: DIR-2009-04 10928 Svcamore Drive July 28, 2009 Page 3 LOT COVERAGE FAR MIN. SIDE SETBACK MIN. REAR SETBACK HEIGHT Required 40% 40% 5' ONE SIDE, 10' 25' 28' by OTHER SIDE, 6-U-97 FIRST FL Proposed 19% 28% 5' NORTHERN 110.4' FROM REAR 15'-6" AT TOP SIDE, PROPERTY LINE, (9.5' OF RIDGE 10' SOUTHERN FROM PRIVATE OPEN (FIRST FL SIDE, SPACE EASEMENT) ADDITION) FIRST FL Appellan t The neighbor whose property immediately abuts the subject property to the north is appealing the Director of Community Development's decision based on the following reasons (see Attachment 2): 1. Although the addition is limited to the first floor, the neighbor's property is 7- feet lower then the subject property. The addition would block scenic views of the surrounding Cupertino hills, which the appellant believes would decrease property values, violate their assumption that the views from their property would be maintained, and violate the open space design principles of the neighborhood. 2. Concerns that the new chimney along the northern side of the addition would be a fire hazard to the oak tree immediately adjacent to the chimney, their residence, and the Rancho Antonio open space. The project applicant's responses to the appeal comments are provided in Attachment 3. Staff The Director of Community Development approved the addition based upon the following findings: 1. The R1 Ordinance does not protect views from single story projects, and typically single story projects do not require a planning application. However, because the project is part of a planned development approval, planning review is triggered to ensure compatibility of architectural design and consistency of development standards. The original use permit for the development does not have any provisions that prohibit an addition as long as the addition met the development regulations. Consistent with the R1 Ordinance, the original use permit does not have any provisions that protect views from single story projects. 2. The design of the addition will be consistent with the existing residence in style, material(s) and color. 3. The new fire place will be gas burning, and meet all building health and safety requirements, and planning development regulations. CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0.6561 OF THE PLANNING COMMISSION OF THE CITY OF CUl'ERTINO RECOMMENDING TO UPHOLD AN APPEAL AND APPROVE THE APPLICATION WITH MODIFICATIONS OF THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF A DIRECTOR'S MINOR MODIFICATION FORA 562 SQUARE FOOT ADDITION AT 10928 SYCAMORE DRIVE IN THE OAK VALLEY PLANNED DEVELOPMENT DISTRICT SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an appeal to deny the approval of a Director's Minor Modification application, as described in Section II of this Resolution; and WHEREAS, 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 WHEREAS, the Planning Commission finds the following with regards to visual impacts: 1. Adverse visual impacts on adjoining properties have been reasonably mitigated in that the chimney was removed from the rear addition. 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 Director's Minor Modification is upheld, and is hereby recommended for approval with modifications, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; 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 No. DIR-2009-04 as set forth in the Minutes of the Planning Commission Meeting of July 28, 2009, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: DIR-2009-04 Applicant: Daryl Harris (Hong Residence) Location: 10928 Sycamore Drive Resolution No. DIR-2009-04 July 28, 2009 Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on submitted plan set entitled, "A Proposed Remodel & Addition For: Roy & Andrea Hong"" consisting of 4 pages, dated May 20, 2009, except as may be amended by conditions contained within. Colors may vary as long as it is a closely related color and does not exceed the light reflectivity value requirements stated in Use Permit 6-U-97's Design Guidelines. 2. REMOVAL OF CHIMNEY The chimney located along the north side of the residential addition shall be removed. The interior fireplace may remain. 3. GREEN BUILDING MEASURES The City recommends that the applicant incorporate green building measures into the project. The green building measures may include but not be limited to: low VOC paints, maximizing recycled building materials, solar efficiency/energy, energy efficient windows/ appliances/ mechanical equipments, maximizing onsite water retention, and draught tolerant and pest resistant landscaping. 4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90- day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND APROVED this 28th day of July 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Giefer, Vice Chair Brophy, Miller, Kaneda, Lee NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: / s/ Aarti Shrivastava Aarti Shrivastava Director of Community Development /s/Lisa Giefer Lisa Giefer, Chair Planning Commission G: I P[ann ingl PDREPORTI RES120091DIR-2009-04. doc