PC Summary 11-27-07
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
From:
Steve Piasecki, Director of Community Development
Date:
November 29, 2007
Subj:
REPORT OF PLANNING COMMISSION DECISIONS MADE
November 27, 2007
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
R-2007-32, Li-Shen Fu (appeal), 10238 Cold Harbor Ave
Description
Appeal of a Director's Residential Design Review approval for a 1,176 square foot first
and second story addition to an existing 2,169 square foot residence
Action
The Planning Commission approved the application on a 4-0 vote.
The fourteen day-calendar day appeal will expire on December 13, 2007.
Enclosures:
Planning Commission Report of November 27, 2007
Planning Commission Resolution Nos. 6493
g:planning/Post Hearing/summary to cc112707
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: R-2007-32 Agenda Date: November 21, 2007
Applicant: Li-Sheng Fu
Property Location: 10238 Cold Harbor Avenue
APPLICATION SUMMARY:
Appeal of a Residential Design Review approval for a 1,176 square foot first and second
story addition to an existing 2,169 square foot residence.
RECOMMENDATION
Planning Commission options:
1. Uphold the Director of Community Development's decision and deny the
appeal; or
2. Uphold the appeal; or
3. Uphold the appeal with modifications.
BACKGROUND
On July II, 2007, the applicant submitted a request for approval for the proposed two-
story residence. During the public review period, staff received severalletlers, emails
and telephone calls from neighbors expressing concern with the project (Exhibit A).
Comments from the neighbors focused predominately on privacy impacts and the
second story.
Most of the neighbor's concerns related to the potential privacy impacts have been
addressed by the applicant with revisions made to the plans and by fulfilling the City's
requirement on privacy planting. The site is located in a standard R1 zoning district,
which permits two-story homes. In addition, the project is consistent with all aspects of
the R1 Ordinance.
The Planning Department found that with the changes made to the plans, the potential
visual impacts from the project are minimized to the maximum extent possible. The
project was approved by the Community Development Department on October II,
2007. Mr. Steve Herhusky, a neighbor residing at 10185 Richwood Drive is appealing
this decision to the Planning Commission.
DISCUSSION
Appellant
A summary of the appellant's concerns (Exhibit B) are as follows:
1. The original development in 1976 was approved contingent upon 15 houses on
the east side of Cold Harbor being single story only.
/ -/
R-2007-32
Page 2
November 27, 2007
2. In 1976 the City Council formally reserved the right to limit the height of any
future development on the 15 lots.
3. The proposed two-story house (mass and bulk) is inconsistent with the
predominate single-story pattern of the neighborhood.
Staff:
1. The City Council approved the subdivision request for this neighborhood in
1967. During the hearing process, there were discussions on concerns raised
regarding two story buildings. In spite of that, the Council never adopted a
condition or changed the zoning that would limit the project property to single
story only. The original builder voluntarily constructed single story homes.
2. The City Council has the ability to limit and curtail developments in the context
and the spirit of the Rl Ordinance. This project site is located in a standard Rl
district. The City has in the pass honored all two-story requests in the Rl district
provided that the homes are designed consistent with the architectural style of
the neighborhood and that most of the visual impacts are mitigated to a
reasonable level.
3. There are two story homes in the immediately neighborhood. The proposed
project retains the existing ranch style design and does a good job minimizing
mass with wall articulations and second story building setbacks.
Applicant
The applicant voluntarily made the following changes to the plans in response to the
neighborhood concerns:
.:. Redesigned the rear facing second story bay window to minimize privacy
intrusion.
.:. Opaque glasses are used on the second floor master bath.
.:. The entire house will be sided with either hardi-plank or real wood siding
material.
.:. The rear and side yard privacy mitigation planting has been enhanced.
A detailed letter from the applicant responding to the appellant's concerns is included
in the report (Exhibit C).
Staff:
The fact that it is a two-story design in a predominately one-story neighborhood does
not automatically mean that it is incompatible. It does mean that he applicant needs to
be sensitive to the overall building design and offset the building elements to better
blend with the prevailing neighborhood pattern. In staff's opinion, the proposed home
is modestly designed and the applicant has taken the necessary measures to address
most of the neighbor's concerns. The building design minimizes the massing of the
second story under the sloping roof element. The city has approved similar designs
t--:J.
R-2007-32
Page 3
November 27, 2007
throughout the city and it is important to treat all applicants equally. We cannot find an
overwhelming public objective in further restricting the building size or limiting the
home to a one-story element. Also, the fact that many neighbors would prefer a one-
story design does not in itself warrant severely restricting the applicant's building
design. The Commission should focus on whether the design of the building is
reasonably compatible with the predominately single-story neighborhood. Staff
believes the design has achieved a reasonable level of compatibility and recommends
the Planning Commission deny the appeal and approve the project.
The Commission's decision is final unless appealed within 14 days to the City Council.
Submitted by: Gary Chao, Senior Planner c=- ,
Approved by: Steve Piasecki, Director of Community Developme~
ENCLOSURES
Planning Commission Resolution
Exhibit A: Correspondences from the Neighbors.
Exhibit B: Appellant's Justification Letter.
Exhibit C: Applicant's Response Letter.
A pproved Plan Set
/-3
10300 Tonoe Avenue
Cupertino, California 95014
Telephone: (408) 777-3308
FAX: (408) 777-3333
CO MfidUNITY DEVELOp1I1EFT
CITY OF
CUPEIUINO
October 11,2007
Li-Sheng Fu
180 Martindale Drive
Fremont, Ca. 94539
SUBJECT: RESIDENTIAL DESIGN REVIEW ACTION LETTER - Application R-2007-32:
This letter confirms the decision of the Director of Community Development, given on
October 10, 2007; approving a 1,176 first and second story addition to an existing 2,169
square foot residence, located at 10238 Cold Harbor Drive, with the following
conditions:
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Remodel & Second Floor Addition,
10238 Cold Harbor Ave. Cupertino California" consisting of seven sheets dated
"June 5, 2007", except as may be amended by conditions in this resolution.
2. PRIV ACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future
property owners of the privacy protection measures and tree protection
requirements, consistent with the R-l Ordinance, for all windows with views
into neighboring yards and a sill height that is 5 feet or less from the second story
finished floor. The precise language will be subject to approval by the Director
of Community Development. Proof of recordation must be submitted to the
Community Development Department prior to final occupancy of the residence.
3. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan
shall be prepared by a certified arborist for the trees to be retained. In addition,
the following measures shall be added to the protection plan:
> For trees to be retained, chain link fencing and other root protection shall
be installed around the dripline of the tree prior to any project site work.
> No parking or vehicle traffic shall be allowed under root zones, unless
using buffers approved by the Project Arborist.
> No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the
dripline of the tree.
> Wood chip mulch shall be evenly spread inside the tree projection fence to
a four-inch depth.
t-4
Printed on Recycled Paper
~ Tree protection conditions shall be posted on the tree protection barriers.
~ Retained trees shall be watered to maintain them in good health.
~ A covenant on the property shall be recorded that identifies all the
protected trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. A report ascertaining the good
health of the trees mentioned above shall be provided prior to issuance of final
occupancy.
4. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements.
Any misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions.
Pursuant to Government Code Section 66020(d) (1), these Conditions constitute
written notice of a statement of the amount of such fees, and a description of the
dedications, reservations, and other exactions. You are hereby further notified
that 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.
Please be aware that if this permit is not used within one year, it shall expire on October
10,2008.
Several neighbors have expressed concerns regarding the proposed second story
addition, compatibility of the project with the neighborhood, and privacy impacts from
second story windows. The proposed project is located in a regular R1 (Single Family
Residential) zoning district that permits two story homes. The project conforms to all
aspects of the R1 Ordinance and no exception or variance is being requested. The
proposed two story addition is modest in design and is consistent with the architectural
styles of the neighborhood. There has been some mentioning that the original
subdivision restricted two stories. After further research, when the City Council
approved the original subdivision in 1967, some discussions were given to not having
any two story homes that backed up to existing one-story homes. The developer at the
time voluntarily agreed to build single-story homes but the Council did not take any
formal actions to rezone the properties to limit two story homes. Therefore ability to
build a two story home remained unchanged. The applicant has acknowledged some of
the concerns from the neighbors by making the following changes to the project:
. The second floor rear facing bay window has been redesigned to a square
projecting window with no windows on the sides.
1-5
· Obscured privacy windows will be used on the two bathroom windows facing
both the rear and the right property lines.
· The project architect has confirmed that there will not be any rear facing
windows from the closet of the second floor master bedroom.
· A detailed privacy protection planting plan has been submitted.
Staff has made all the findings that are required for approval of a Two-story Residential
Permit as required by Cupertino's Municipal Code, Chapter 19.28.100 (D). Also, please
note that an appeal of this decision can be made within 14 calendar days from the date
of this letter. If this happens, you will be notified of a public hearing, which will be
scheduled before the Planning Commission.
Sincerely,
r n.. ~~
\~ (J--(f~ G,C.
Gary Chao
Senior PlaImer
City of Cupertino
Enclosures:
Approved Plan Set
CC: Sheng-Chieh Tseng, 10238 Cold Harbor Dr, Cupertino Ca 95014
Stephen. Herhusky, 10185 Richwood Dr, Cupertino Ca 95014
Eugene West, 10208 Cold Harbor Ave, Cupertino Ca 95014
Tho111.as Pyke, 10178 Cold Harbor Ave, Cupertino Ca 95014
David Melton, 10253 Richwood Dr, Cupertino Ca 95014
Prabha Sriram, 10265 Richwood Dr, Cupertino Ca 95014
Richard Chang, 19733 Wintergreen Dr, Cupertino Ca 95014
Karl Wagner, 10248 Cold Harbor Ave, Cupertino Ca 95014
Donna B1'Oughham, 142 Carlisle Wy, Cupertino Ca 95014
G:\Planning\Minor Residential\Rl Approvals\R-2007-32 Actionletter.doc
I-lt,
Date: q _2/-0/'
We do not want the Cupertino Planning Department or the City Council to approve the
proposed second story addition at 10238 Cold Harbor Avenue. Such an addition
would change the character of the neighborhood in a detrimental manner. The
neighbors on either side and the three houses behind on Richwood Drive would lose
privacy. Construction of the second story would set a precedent that could hann the
nature of our neighborhood.
SIGNATURE
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September 19, 2007
Mr. Gary Chao
Senior Planner
Cupertino Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Dear Mr. Chao:
Re: application No. R-2007 -32
First, a history lesson: It is no accident that there are no second story homes on the
East side of Cold Harbor Avenue. About 40 years ago, the residents of Richwood
Avenue asked that tri-Ievel homes not be built on the East side of Cold Harbor Avenue
due to the loss of privacy that would result. Nothing has changed.
In your letter of 11 September, you stated that the planned second story addition at
10238 Cold Harbor Avenue is "compatible with homes in the neighborhood." It most
certainly is not. The people on Richwood Avenue and the neighbors on either side of
10238 will lose privacy. This is not acceptable.
On page 30 of your Zoning Ordinance No. 07-2000, paragraph B.1. addresses privacy
impacts. The design of the second story addition violates your ordinance.
On page 31, paragraph C.1.a, requires that "the mass and bulk of the design shall be
reasonable compatible with the predominant neighborhood pattern." This second
story addition would not be compatible with the neighborhood pattern.
Section 1928.070 concerning landscaping for purposes of privacy is not met with the
proposed design. Some of the trees are shown to hang over the fences requiring
cleanup by the neighbors.
Your letter inferring approval did not discuss these issues. That is unacceptable.
Sincerely,
~/3JW~
Eugene B. West
10208 Cold Harbor Avenue
Cupertino, CA 95013
408.257.0728
1-8
THOMAS E. PYKE
10178 COLD HARBOR AVENUE
CUPERTINO, CA 95014
TELEPHONE 408/257-9027
E-MAil: pykelaw@pacbell.net
September 24, 2007
PERSONAL DELIVERY
Mr. Gary Chao
Cupertino Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Re: Second Story Addition at 10238 Cold Harbor A.venue, Cupertino
Building Application R-2007-32
Dear Mr. Chao:
I live on Cold Harbor Avenue in Cupertino, several houses up the street from the planned
second story construction at 10238 Cold Harbor Avenue. Both houses are on the east
side of the street. My family has lived at 10178 Cold Harbor Avenue since August 1998.
I object to this construction proposal given that it is inconsistent with the long-
standing characteristics of this neighborhood.
My objections are based on the following:
R1 Ordinance Section 19.28.060 C (Design Guidelines) states in pertinent part:
1. Any new two-story house, or second-story addition to an existing house, shall
be generally consistent with the adopted single-family residential guidelines.
The Director of Community Development shall review the project and shall
determine that the following items are met prior to design approval:
a. The mass and bulk of the design should be reasonably compatible
with the predominant neighborhood pattern. New construction shall
not be disproportionately larger than, or out of scale with, the
neighborhood pattern in terms of building forms, roof pitches, eave
heights, ridge heights, and entry feature heights;
AllIS of the houses on the east side of Cold Harbor-Avenue are single-story residences.
The street behind Cold Harbor (to the east) is Richwood Drive. Vicksburg Drive is the
southern boundary of this block; the shopping center. is to the north. ALL thirty-three
(33) houses on the contiguous block bounded by east Cold Harbor (15), Vicksburg
(1) and west Richwood (17) are single-story residences.
/-q
Page 2
9/24/2007
This is not a coincidence. It reflects the history of the neighborhood.
Long-time resident Gene West noted that "About 40 years ago, the residents of Richwood
[Drive] asked that tri-Ievel homes not be built on the east side of Cold Harbor Avenue
due to the loss of privacy that would result. Nothing has changed." {See Mr. West's
September 19, 2007 letter to you.] My research indicates that the original homes on the
west side of Richwood were built in 1959, the original homes on the west side of Cold
Harbor (including some two-story structures) were built in 1967, and the original homes
on the east side of Cold Harbor (including the subject house) were built in 1968. This is
an entirely consistent with a scenario where the Richwood neighbors must have said in
1967-68 "We don't want two-story houses (like those on the west side of Cold Harbor)
built behind us!!"
Note that although there are some two-story houses across the street from the subject
house, the fact is that the original neighborhood pattern from the mid-1960s is that the
west side of Cold Harbor would include some two-story houses. .. but the east side
would not. People on the west side of Cold Harbor do not have a long-standing
expectation that no two-story structures would be built next to them. Residents on the
east side of the street do have that expectation. That pattern has remained in effect for
forty years.
This contiguous neighborhood block is 100% on&o-story houses (33 in aU). The
homes on the east side of Cold Harbor Avenue were built with privacy in mind. The
residents of this block have lived for nearly fo~years.(nearly fifty years in the case
of Richwood Drive residents) with the mutual expectation that these homes would
remain single story. Allowing two-story structuns on this block would therefore not
be "in-scale" or "reasonably compatible with the predominant neighborhood
pattern."
In addition, Rl Ordinance Section 19.28.100 D states as follows:
D. Decision. After the advertised deadline for public comments, the Director of
Community Development shall approve, conditionally approve, or deny the
application. The permit can be approved only upon making all of the
following fmdings:
1. The project is consistent with the Cupertino General Plan, any applicable
specific plans, zoning ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or
injurious to property or improvements in the. vicinity, and will not be detrimental
to the public health, safety or welfare.
3. The proposed pr~ject is harm~nious in .sc-ale and design with the general
neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably
mitigated.
1- 10
Page 3
9/24/2007
In addition, the potential "adverse visual impact" on the immediate neighbors is not
limited to obstructed views. More importantly, the loss of privacy resulting from bay
windows looking down on the neighbors (the back yards are pretty shallow on this
street!) means a "visual impact" of a more personal nature... the neighbors will be able
to look straight into the adjoining houses! Not only will this adversely impact the
immediate neighbors, it also sets a bad precedent affecting all the single-story residents
on this block who have enjoyed an expectation of privacy for all these years. The city
ordinances should be construed to protect private yards from visual intrusion by new two-
story developments.
Pursuant to Section 19.28.100 E, please notify me (and any other member of
the public that has commented on this project) of the action taken on this design
application by your department (which I believe is currently scheduled for
consideration on Thursday, September 27,2007).
Pending discussion with the neighbors, an appeal of that action to the Planning
Commission (pursuant to Chapter 19.136) may follow.
Please give me a call (408-257-9027) if you have any.questions or concerns.
Very truly yours,
~Ift-
I-II
page 1 01 L
Steve Herhusky
._. _~__ _.._...__.____~____r_~... __._____._.___._.__ ------.----- - ._-. -----.--...- ".------..-.. --..---,--..-. ------- .----"y - --- ~'---'--,"'_.- . --_. "-.-----
From: Steve Herhusky [sherhusky@yahoo.com]
Sent: Tuesday, September 25,20074:21 PM
To: 'planning@cupertino.org'
Subject: property at 10238 Cold Harbor Avenue.
Mr. Gary Chao
Cupertino Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
This is my second email about the planned two story development at 10238 Cold Harbor Avenue.
I still have not received a reply from my earlier email or phone calls to Gary Chao.
I live at 10185 Richwood Dr, the street directly behind Cold Harbor Ave. Our house is on the west side of
Richwood drive, that backs up to Cold Harbor. I was told in 1993 when we bought our house that the houses
behind us could never go up. I believe you should not approve that two story development or at the very
least you should delay a decision until you have thoroughly researched the matter. I urge you to take a
look at the minutes from that city council meeting file number 6-tm-67 available at the city clerk's
office. It specifically states that the city council has the right to restrict the height oflots 19-34 see
(Williston Park tract n04334 recorded July 7th 1967 file number 3258510 book 226 of maps). That
subdivision on Cold Harbor was approved by the planning commission on June 5th 1 %7 with
conditions. The number one condition was that no structure backing up to the existing one story
Richwood drive homes would be two stories.
Furthermore Rl Ordinance Section 19.28.060 C (Design Guidelines) states in pertinent part:
1. Any new two-story house, or second-story addition to an existing house, shall be generally
consistent with the adopted single-family residential guidelines. The Director of Community
Development shall review the project and shall determine that the following items are met prior
to design approval:
a. The mass and bulk of the design should be reasonably compatible with the
predominant neighborhood pattern. New construction shall not be disproportionately
larger than, or out of scale with, the neighborhood pattern in terms of building forms,
roof pitches, eave heights, ridge heights, and entry feature heights;
All 15 of the houses on the east side of Cold Harbor Avenue are single-story residences. The street
behind Cold Harbor (to the east) is Richwood Drive. Vicksburg Drive is the southern boundary of this
block; the shopping center is to the north. ALL thirty-three (33) houses on the contiguous block
bounded by east Cold Harbor (15), Vicksburg (1) and west Richwood (17) are single-story
residences.
In addition, Rl Ordinance Section 19.28.100 D states as follows:
D. Decision. After the advertised deadline for public comments, the Director of Community
Development shall approve, conditionally approve, or deny the application. The permit can be
approved only upon making all of the following findings:
1. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinance and the purposes of this title.
2. The granting of the permit will not result in a condition that is detrimental or injurious to property
9/25/2007
Page 2 ot2
or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare.
3. The proposed project is harmonious in scale and design with the general neighborhood.
4. Adverse visual impacts on adjoining properties have been reasonably mitigated.
That the proposed construction is not "harmonious in scale and design with the general neighborhood" is
evidenced by the information above.
Pursuant to Section 19.28.100 E, please notify me (and any other member of
the public that has commented on this project) of the action taken on this design application by
your department (which I believe is currently scheduled for consideration on Thursday, September 27,
2007).
Pending discussion with the neighbors, an appeal of that action to the Planning Commission (pursuant to
Chapter 19.136) may follow.
Please give me a call (408)-252-7756. I plan on putting a copy on your desk tomorrow oftms letter
along with a copy of the 1967 meeting minutes and the zoning map showing lots 19-34 on Cold Harbor.
Please look them over before you decide to rezone our one story neighborhood.
Sincerely,
Stephen Herhusky
10185 Richwood Dr
Cupertino Ca 95014
408-252-7756
9/25/2007
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acres. south o~ SteYeD8 Creek Blvd. and east or
mane)"' A tie;?.1.. A~Ye4 by Planning Co.-1a.1.on
Resolution No. 1&23. JIQ 8. 1967.
.~. at O'Cotmell, of Sterj...w ...., 1&14 he 1. ~8Id).:1ar
.~... _ CODMtlorus pl.... ...~ appl1catlon bJ' the Plan-
"~iIIM'~i 'U1oD and .. JW~.IIIJ"'" ~ uner &rrI cau-t1oD8 or
~ -aie CJ.Q CoaDeU.
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........ be bDUt here. *". CPOI.,..U _14 theJ w111 be larpr
.- __ tile ~Jr ~..J ..nr 11111 be tlIO-.to~. !Ish
In'-p 11111 ..ble tbe peoll1a tiC) set their boats aD4 trdlers
.. ~ rear or 81de ot ~...,. ~t7. a. cl1ctate4 bJ' the
C!.'t7 0i'd1Dane~.
Cacmc. Stokes said he baa b.-a approac!".ed by people 11 v1ng
~ this property. _he wtaM4 to have the C-.>,-.cll stipulate
~t no two-s~o:-y hoaMIa beck up to any existing one-story
~a. Mr. ot :onnell dS,cS DO~ ObJect to this atlpli.at1on.
-
--
J!lDVed by Co:;:::. Stokes. aeeoo4ed by Counc. Noel. to approve
app11cat1on -5-~-'.7 wIth ~he eondltlons !~posed L7 e;t.e
?lar.1n1ng CO~~s!~~n and another ::ond1t1,n:.: that cr. :O~S
:i-34. the :~:? ~serve. ttA r1ght to :i~1t the r.e~gr.~ cf
.:::..c-.:.aes back~~~ :~_~o R1.chW~ Drive.
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~~ utl:~:~~! ~equ1reme~~ C~ all, ~~~:~jlng ~t.e ::~3
x:'der1na t;:::!~ wi"llch al~ .r..ave ove:-::ti!..:d utIli";:; ;:.c:es.
:c~::. Stoke! 1:-.~ !)empae;e:- !e:e; thls w.:-~:~ be ar.2"..:"eas.:n- e
a..::'e requIr-e-~o!~.: !on tr~s C&ae. The P:a:.~.~:",.g DIre: ~:::" !lsfc ed
~ e;he Ol"'d!~.a:-.~ ~ shoul~ te a-.--.D.ied t: :'~':.:ect t.....is ~~.it'.Y.1ng.
~_~ ~t Maa ~~:::~j the ~~~n:e wo~:~ ~~~ be a~er~e~ a~
-:~s tllD!t.
~V~~ by CC~.:. Stokea, se:j~A~j ty ~~-~-'. Oemps:e:-. :~
~~er this ~: ~::~ ~tar! ~ :~t7 Atto~.ey to worK ~r~s C4t.
=C.nc. Dem~~:~:- s~e.~ed ";t~ appllcar.~ w~rk M1tt. ~he starr
~::. arrange a:: ~: ";en'lAt~ ve.
.a.'ID :
.'IS:
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fD)~CC~~W~rR\
lnl OCT 1 9 2007 lW
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
CltYOF
CUPEI(fINO
APPEAL
CUPERTINO CITY CLERK
1.
Application No.
_~.r", L CJ 0 7- =SoL.
2. Applicant(s) Name:
3.
Appellant(s) Name:
S 4-e, \ U' ~ 1-1 u i.. Iv.> h. --/
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Phone Number
Email
4. Pleas~/9~sm:e:_'__'_"'__""H'''' ....... ... .... .. '__',
~~?n of Director of Community Devel~'pm_~,~.~~)
Appeal a decision of Planning Commission
5. Date of determination of Director or mailing of notice of City decision:
6.
Basis of appeal:
~It~ L-t-Tr( JL
,Dx-rTAL /-11i{)
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Signature(s) t'-.'~r.--1"7. -.'_""'" .. /10"1}" II .~-'"
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Please complete fonn, include appeal fee of$156.00 pursuant to Resolution No. 07-056
(,)~ ($150.00 for massage application appeals), and return to the attention of the City Clerk,
1 - 10300 Torre Avenue, Cupertino, (408) 777-3223.
1,.-/5
R....~EIVED OCT 1 8 2007
Planning commission 10/16/2007
10300 Torre Avenue
Cupertino, Ca 95014
Subject: Residential design review action letter-Application ~
Pursuant to Chapter 19.136 ~
I would like to appeal of the approval of the two story development at 10238 Cold Harbor
Avenue. In the letter sent me dated 10/11/2007 stated I had 10 days to appeal.
I base my appeal on the following grounds.
1) The original development in 1967 was approved contingent on those 15 lots on the
east side of Cold Harbor being built as 1 story houses.
2) In 1967 the city council while not changing the zoning laws for those lots formally
reserved the right to limit the height of any further development of those 15 lots.
See attached copy of the June 5th 1967 city councll meeting minutes.
3) Rl Ordinance Section 19.28.060 C (Design Guidelines) states in pertinent part:
1. Any new two-story house, or second-story addition to an existing house, shall
be generally consistent with the adopted single-family residential guidelines.
The Director of Community Development shall review the project and shall
determine that the following items are met prior to design approval:
a. The mass and bulk of the design should be reasonably compatible
with the predominant neighborhood pattern. New construction shall
not be disproportionately larger than, or out of scale with, the
neighborhood pattern in terms of building forms, roof pitches, eave
heights, ridge heights, and entry feature heights;
All 15 of the houses on the east side of Cold Harbor Avenue are single-story residences.
The street behind Cold Harbor (to the east) is Richwood Drive ALL thirty-three (33)
houses on the contiguous block bounded by east Cold Harbor (15), Vicksburg (1)
and west Richwood (17) are single-story residences. .
I urge the planning commission to reject that earlier approval, please keep our
neighborhood consistent with the plans the original planning council approved in 1967
when they would not let those 15 lots on the east side of Cold Harbor be built with two
story houses.
Sincerely,
Stephen Herhusky
10185 Richwood Dr
Cupertino Ca 95014
408-252-7756
I-I ft;
5{yV\~~) /"} 7 CC n~(\~J~S' 5t-~.~ rtif~- .
2. ;:.outs A. Pagan1D1 (6-'DI-67)Ten:atlve ~p tor 17.5 I
. acres. south o~ S~~eD8 Creek Blvd. and east ot
BlaDei' A ve:!'~e. Aa+Nwe4 b~ Planning 00.-18.1.011
Resolu.tlon 110. Aa23. III:t 8. 1967.
.~. at O'CcmDell, of ate1.. ...., 8&14 beta t.....l".ya
... ~ couUt1oDS p1~.., ..u. application _ tile nan-
, ~1"" ~i l.-1oD aid .. ""_I r'" to ....r anJ" .....1oDa of
.. -.... _Q CouDcU.
lIP. O'CoJmeU was uJ&e4 _ Cuw~. Stoke. .bat ~ o~ i~.
.~.... be bDUt beN. .... oa..~U _14 tbQ 1d.11 be larPr
.- . _ tile Ip&brook h......J ..r .u1 be bIO-.to~. ftla
~.....-. 1d.11 ..111. tile 11M... .. set tbe1r boat. a4 traUera
.. UIe ~ or .14. ot ~...... t-4'''''~~. a. cI1ctate4 bJ' tbe
aq- Oi'd1.nUee.
~. Stokes said he baa It.- approact.ed b7 people 11 rtng
%III8.r this property. .bo .~ II to bave the ~.cl1 st1p1late
~t no tlIo-sto:"J' ~. back up ~ any ext.tlnS one-ato1'7
~va. 111-. 0' :onnell cU.d ~ ob.fect to this .tlpulat1on.
tI
--
JlaYed by Co~=. Stokes. aeeODSec! b7 Counc. Noel. to approve
a.w11catlon -::-':X-'.7 with ~he eonditlons !~po.ed t7 ~t.e
P.lam11ng CO~.i!~~n and another condlt1-,r.: that 0:: :o~s
:r34. the ::.::; :-eservea ~tA nght to li~1t the r.e:'g:-..~ c!
..:::r:T~es back~:'"~ :::~o R1cnwC>04 Drive.
A"!:IS: CO\Ar.:. :>e~pster. Ji:.e:. Stoilces, ?:: ~zgeral:i
aD: Hor.e
L~Dl'l': Co~.:. : ::-_~son
t
~:':~::: ~arr1~'1. -~....
~..e Plann1r.g :::::-~:,;or 1r.";:"",,A'..:~ the p. ;t':'em of t~.e ...;.:"'~~-::"-
~.nd ut1:~~~~! ~u1reme~~ Q~ all, ~~~:~jlng ~he ::~3
xrder1na ~:::!~ vh1ch a:~ r.ve o...e:-::~~j ut11i";:; pc:es.
:c~::. Stok~! !:".j, Demps,,;er :e:t t~s w.:-.;:~ be an '..;.r:eas~n- e
at:e requtr'!'~o!!::: !on tt~s cue. The P:a:.-.:'~.g D1re:~:::a !l!Wed
~ ~he Ord!:-.a:-.~ ~ shoulj te &-..me<! t: :'~':~:ec:t tt~s ~~.1:,.k1ng.
~_~ ~t MaS ~~::~~j the ~~~r.:e wo~~~ ~~: be a~~~e~ a~
~~ time.
tv~:t b7 CC~.~. Stokes. se:j:-.de~ ty ~.;..:::. Delllps~e:a. ~:j
:oe:er this ~.: ~::.<! ~tat! ar..:! ::.t7 Atto:ar.~y to writ ~r~s c...t.
:e4nC. Dem~.~e~ sagge.~ed ";~~ appllcar.~ w~rk w1tt. the statr
-:.:. arrange a::. ~: -:ernat:' ve.
.A. '1JIS :
_D:
Ak4.BIT:
Co~~. :>emps:~~. See:. Stokes, F~tzgerald
Hon~
Cour..:. : = l".naon
M::;";~-'n carr1ed. Ia-O
4
-1.0-
/,.-/1
Page 1 of 2
Gary Chao
From: Jenson Tseng Oenson@yahoo-inc.com]
Sent: Monday, November 19, 2007 7:42 PM
To: Gary Chao
Subject: Regarding hearing on Application# R-2007 -32
Mr. Chao and Planning Commissioners,
I am the owner of the property on 10238 Cold Harbor Ave. I want to thank you first for your efforts to
approve my application for 2nd story addiction. It is very unfortunate that some neighbors are
appealing the decision but I hope that we can get through the process soon.
I'd like to offer my comments to the arguments that the appeal was based upon. The appellant listed
3 main complains:
1. City Council's decision in the 1967 meeting to "reserve the right to limit height..." on
lots on east side of Cold Harbor.
To this date, my property is still within R1 zoning, and therefore our right to build a 2nd story
addition should not be limited. In addition, there are a few flaws to that decision in 1967.
City Council never took on any formal action to rezone the lots into R-1i, nor was any
restrictive covenant recorded against the lots. Therefore, to this date, the 15 lots on east
side of Cold Harbor Ave. are still R-1lots and we should have all rights as defined within the
R-10rdinance.
The condition was prescribed probably before Cupertino had any Privacy Protection Plan
within the R-1 ordinance with regard to privacy concerns. The latest R-1 ordinance requires
Privacy Plantation Plan with any 2-story house application to mitigate privacy concerns. It is
the latest way of reserving privacy for neighbors, not by limiting building height on R-1
zoning. It is not fair to subject these lots to the 40-year old outdated meeting agreement
that was never implemented.
The limitation was only proposed on the 15 lots on East side of Cold Harbor Ave., but not
on the lots on west side of Richwood Dr. So, the lots on Richwood (our backyard
neighbors) are among regular R-1 zoning and therefore, are allowed to build 2-story
houses. If this meeting agreement were still valid, it unfairly limited the rights of the 15 lots
on Cold Harbor Ave.
2. Design compatibility with the neighborhood.
My wife and I have owned and lived in the house since April 1999 and we consider ourselves part
of the neighborhood. We like the neighborhood so much that we want to create value to the
neighborhood by updating our house, instead of selling and moving elsewhere. When we first
talked to our Architecture, we make it very clear that we want to build a 2-story addition with
enough rooms for our growing family. And on the outside, we want the design to blend in well with
existing designs and with quality and details. I think my architecture has done a great job
designing this modest 2-story ranch style home. This is as "Ranch" as any 2-story house can be.
When driving into the neighborhood through Portal Ave. and Bixby or Wintergreen to Cold Harbor
Ave, the houses on the sides are mixed with 1-story, 2-story additions and a lot of Tri-Ievel
houses. There is one huge 4000+ sf Spanish style house on a 7600 sf lot just 2 houses away from
11/21/2007
/- /q
Page 2 of 2
my home on the West side of Cold Harbor Ave. I would say that the design pattern of the existing
neighborhood is mixed, definitely not predominately limited to l-story houses only, as the appellant
indicated.
It is true that the 15 houses on the east side of Cold Harbor Ave. are all l-story homes, but I don't
see neighborhood as just one side of the street. I look at my neighborhood as the routes I walked
by everyday, the houses I see, and the people I talked to. The houses on 2 sides of Cold Harbor,
Bixby and Wintergreen are more part of the neighborhood, than the houses on Richwood, where I
seldom drive by.
I truly believe that my project design blends in very well with existing pattern of the
neig h borhood.
3. Privacy concerns
We have made necessary efforts to resolve neighbor's concerns. We have changed the rear bay
window into projection window, making two windows in Master bathroom opaque and prepared a
privacy plantation plan in accordance with the R-l requirements. We have also discussed with our
immediate neighbors on the south and north (10228 and 10248 Cold Harbor Ave.) and they are all
fine with the design and supportive of our projects. Privacy should not be an issue for neighbors
who are many houses away from my house.
I hope that you can reject the appeal and uphold the Design Review Committee's approval of my
projects. Please feel free to contact me if I can provide any more info.
Regards,
Sheng-Chien Tseng
Cell: 408-431-8759
10238 Cold harbor Ave.
Cupertino, CA 95014
11/2112007
/-:;'0
R-2007-32
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6493
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING AN APPEAL OF A RESIDENTIAL DESIGN REVIEW APPROVAL FOR
A 1,176 SQUARE FOOT FIRST AND SECOND STORY ADDITION TO AN
EXISTING 2,169 SQUARE FOOT RESIDENCE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a
Residential Design Review approval (R-2007-32), 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 appellant has not met the burden of proof required to support said appeals;
and has not demonstrated that the Residential Design Review approval meets the following
findings for denial:
1) The proposed use, at the proposed location, will be detrimental or injurious to property or
improvements in the vicinity, and will be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner that is not in accord with the
Cupertino Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for R-2007-32 is hereby approved, 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. R-2007-32
as set forth in the Minutes of the Planning Commission Meeting of November 27, 2007 and
are incorporated by reference as though fully set forth herein.
Resolution No. 6493
Page 2
R-2007-32
November 27,2007
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
R-2007-32
Li-Shen Fu
10238 Cold Harbor Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED PROTECT
This approval is based on a plan set entitled, "Remodel & Second Floor Addition,
10238 Cold Harbor Ave. Cupertino California" consisting of seven sheets dated "June
5,2007", except as may be amended by conditions in this resolution.
2. PRIVACY PROTECTION COVENANT
The property owner shall record a covenant on this property to inform future property
owners of the privacy protection measures and tree protection requirements,
consistent with the R-1 Ordinance, for all windows with views into neighboring yards
and a sill height that is 5 feet or less from the second story finished floor. The precise
language will be subject to approval by the Director of Community Development.
Proof of recordation must be submitted to the Community Development Department
prior to final occupancy of the residence.
3. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall be
prepared by a certified arborist for the trees to be retained. In addition, the following
measures shall be added to the protection plan:
~ For trees to be retained, chain link fencing and other root protection shall be
installed around the dripline of the tree prior to any project site work.
~ No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
~ No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist shall
be consulted before any trenching or root cutting beneath the dripline of the
tree.
~ Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
~ Tree protection conditions shall be posted on the tree protection barriers.
~ Retained trees shall be watered to maintain them in good health.
~ A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified arborist
prior to issuance of building permits. A report ascertaining the good health of the
trees mentioned above shall be provided prior to issuance of final occupancy.
Resolution No. 6493
Page 3
R-2007-32
November 27, 2007
4. CONSULT A nON WITH OTHER DEPARTMENTS
The applicant is responsible to consult with other departments and/ or agencies with
regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
5. NOTICE OF FEES, DEDICA nONS, 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 ADOPTED this 27th day of November 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll call
vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS: Chairperson Giefer, Miller, Kaneda, Rose
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
ATTEST:
APPROVED:
I s/Steve Piasecki
Steve Piasecki
Director of Community Development
I s/Usa Giefer
Lisa Giefer, Chair
Planning Commission
g :jplanning/pdreportjres/R - 2007-32
SYMBOLS
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