.05 RM-2007-14 Reza Raffii
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: RM-2007-14
Applicant: Reza Rafii
Property Location: 10484 Byrne Avenue
Agenda Date: August 28, 2007
APPLICATION SUMMARY:
Consider an appeal of a Design Review Committee approval of a Minor Residential Permit for a
second-story rear deck on a new 1,794 square foot residence.
RECOMMENDATION:
The Planning Commission has the following options:
1. Uphold the decision of the Design Review Committee; or
2. Uphold the appeal; or
3. Uphold the appeal with modifications.
BACKGROUND:
On June 21, 2007, the Design Review Committee approved a residential design review for a
new, two-story 1,794 square foot residence located along the east side of Byrne Avenue close to
the corner of Byrne Avenue and McClellan Road. Due to the extraordinary physical
constraints of the site, the Committee also approved several exception (R-2007-23) requests to
the Rl Ordinance (ground floor side yard setbacks, second floor setback surcharge and the
second floor exposed wall rule). In addition, the approval included a Minor Residential
Permit for a second story rear facing balcony.
On July 10, 2007, Mr. Fatekh Vergasov, residing at the rear of the project property, filed for an
appeal of the Design Review Committee's decision. The appellant's appeal focuses only on the
proposed second story balcony. Therefore staff discussion in this report will only reflect that
issue.
BASIS OF THE APPEAL:
The following is a summary of the appellant's justification for the appeal:
· Existing privacy will be lost due to the proposed second story balcony.
· The proposed b~lcony will have 100% control over his property.
The appellant provided analysis that compared the proposed balcony to a watch tower having
views into his property (see exhibit 1). The appellant also suggested that all of the second
story windows should be raised to be higher than five feet in sill height and be obscured from
any views.
Staff: The Rl Ordinance Section 19.28.090(H) states, "All new or expanded second story decks with
views into neighboring residential side or rear yards shall file for a Minor Residential Permit, subject to
Section 19.28.090, in order to protect the privacy of adjoining properties. The goal of the permit
5,/
June 21, 2007
R-2007-23, RM-2007-14
Page 2 of 2
requirement is not to require complete visual protection but to address privacy protection to the greatest
extent while still allowing the construction and use of an outdoor deck. This section applies to second-
story decks, patios, balconies, or any other similar unenclosed features. II
The proposed balcony is modest in size and is not excessive in design. The balcony is
approximately 24 feet from the rear property line, approximately 23 feet from the left property
line and approximately 14 feet from the right property line (the applicant is required to revise
the plans to provide at least 15 feet setback from the right property line as required by the
Ordinance). In addition, privacy protection trees or shrubs are required to be planted to screen
views from the balcony. This vegetation will be recorded on the property as a covenant to be
maintained and preserved. The Design Review Committee considered Mr. Vergasov' s
concerns, but decided to approve the balcony because the privacy mitigation issue has been
reasonably addressed consistent with the intent of the R1 Ordinance.
It is not uncommon for newer two story homes to have second story balconies. It is also not
the intent of the R1 Ordinance to have all possible views screened or eliminated, but rather
minimized and curtailed. The project is consistent with the intent of the Ordinance and in
staff's opinion all privacy concerns have been sufficiently addressed. If the Planning
Commission desires additional modifications or measures to address the appellant's concerns,
the following options are proposed:
1. Eliminate the 2nd story balcony.
2. Convert the functional balcony into a faux balcony where it will not be functionally
accessible and only be for architectural enhancement to the rear elevation.
3. Consider larger or taller trees at the time of planting.
It should be noted that the site line analysis provided by appellant (exhibit 1) that attempts to
illustrate the potential angle of views from the proposed balcony into his yard is not to scale.
Prepared by:
Approved by:
Gary Chao, Senior Planner $ .
CiddyWordell,CityPlanner G~ /< ;~.-/'
Attachments:
1. Appeal application and justification from Mr. Fatekh Vergasov, dated July 10, 2007.
2. Design Review Committee Meeting Minutes, June 21, 2007.
3. Approved Design Review Committee Conditions of Approval.
4. June 21, 2007 Design Review Committee staff report (with attachments).
2
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CiTY 'OF
CUPEIUINO
1.
Application No.
2.
Applicant(s) Name:
3.
Appellal1t(s) Name:
Address
Phone Number
Email
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3223
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UU JUL 1 0 2007 llVJ
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CUPERTINO CiTY CLER1<(
APPEAL
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Please check one:
Appeal a decision of Director of Community Development
Appeal a decision of Planning Commission
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Date of detennination of Director or mailing of notice of City decision:
4.
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Signature(s)
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Please npl-et form, include appeal fee of $'1-5-600 ($150.00 for massage application.
appeals), and return to the attention of the City Clerk, 10300 Torre Avenue, Cupertino,
(408) 777-3223.
6~.8
Page 1 of2
10484 Byrne Ave. Cupertino CA 95014
Do we want Watchtower here?
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If Planning Department of the City wants to place another Watchtower here, they will approve balcony at this project
We don't want to loose our existing privacy
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In my AutoCAD Architectural desktop 1 made situation model of the future project with balcony
It became clear enough, that all four nearest neighbors will loose they existing privacy, because of said balcony
V\lhen person will step to said balcony he will get more then 180 degree observation angel both horizontally and vertically
That's why we don't want this balcony now and in future too
To protect our existing privacy all second floor windows of said project should be placed 5' from second floor level
and have blur glazing
21921 McClellan Road
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CITY OF
CUPEIUINO
10300 Torre Avenue
Cupertino.. California 95014
Te:lephone: (408) 777-3308
FAX: (408) 777-3333
June 28.. 2007
Reza Rafii
1729 Marich Way
Mountain View.. Ca. 94040
LUMMUNll Y UbV1:.LUJ->MbN'l
SUBJECT: DESIGN REVIEW COl\1MITTEE ACTION LETTER '- Application R-2007-23..
RM:-2007-14
This letter confirms the decision of the Design Review Committee, given at the meeting
of June 21, 2007; approving a residential design review for a new two-story
(approximately) 1,794 square foot residence, and a minor residential permit for a second
story rear yard deck on the new residence and exceptions to allow five foot side yard
setbacks ii1stead of a combination of 15 feet, anexception from the 10 foot second floor
setback surcharge requirement and an exception to allow more than 50 percent of the
second story perimeter walls to have over six feet of exposed wall heights, located at
10484 Byrne A v~, according to Resolution No. 25.7.
Plei;lSe be aware that if this permit is not used within. one year, it"shall expire on
June 2i,2007. '
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 City Council.
Sincerely,
'y Chao
Senior Planner
Enclosures:
Resolution No. 257
Approve
Cc:F
Printt::Jn r-In 1=loro",..IQrl D~nQ'"
5,~
Design Review Committee
June 21, 2007
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW
COMMITTEE HELD ON June 21,2007
ROLL CALL
Committee Members present:
Marty Miller, Commissiner
David Kaneda, Commissioner
Committee Members absent:
Cary Chien
Gilbert Wong
Staff absent:
none
p
f1
Staff present:
Gary Chao
APPROVAL OF MINUTES:
None
WRITTEN COMMUNICATIONS:
None
POSTPONEMENTS/REMOV AL FROM CALENDAR:
None
ORAL COMMUNICATION:
None
CONSENT CALENDAR:
None
PUBLIC HEARING:
1.
Application No.(s):
Applicant:
Location:
R-2007-23, RM-2007-14
Reza Rafii
10484 Byrne Avenue'
Residential Design Review for a new two-story 1,794 square foot residence and a Minor
Residential Permit for a second story rear deck on the new residence and exceptions to
allow five foot side yard setbacks instead of a combination of 15 feet, an exception to
allow a combined second story side yard setback of 23 feet instead of 25 feet, an
exception from the 10 foot second floor setback surcharge requirement and an
exception to allow more than 50 percent of the second story perimeter walls to have
over six feet exposed wall heights.
Design Review Committee decision final unless appealed.
Staff member Chao explained that the application is for a new house with a basement. The
application has several requests for exemptions to the Rl Ordinance because the lot is a very
~'7
2 Design Review Committee
June 21. 2007
narrow and substandard in size. Staff supports the exemption request for 5 foot side yard
setbacks instead of the required combination of 15 feet, the request for exemption from the
required 10' second story surcharge and the exemption for exposed walls on the second story.
Staff does not support the second story setback exemption request since the second story can be
redesigned to meet the setback requirement. If the second story is redesigned, the exemption
for the 10' surcharge may also not be necessary. The current design calls for a rear balcony
which will need to be moved about l' in order to meet the side yard setback requirements for a
rear balcony. The applicant did not ask for an exemption for this aspect of the proposed
structure. They will be installing privacy p1antings and perhaps also frosting some of the
upstairs windows to further mitigate any privacy concerns. Commissioner Miller asked for
clarification on the setback requirements and measurements. He also asked about the existing
landscaping. The applicant, Reza Rafti, addressed the committee. He will be living in the
proposed house with his family. He has worked very hard with Staff to come up with a design
for the lot. He feels that the design is the best it can be considering the lot size and trying to
conform to all the City's rules. He said that he intends to keep the existing trees that are already
on the site. He is ok with planting more trees if the committee asks him to. Staff member Chao
talked about the proposed bay widow. There are several different requirements for bay
windows. Commissioner Kaneda asked for clarification on the different R zonings in the area.
Staff member Chao explained that the lot would be substandard in any zoning area.
Commissioner Miller asked the applicant which re-design option he preferred. The discussion
continued about which redesign would be better and still conform. Such as moving the second
floor in order to conform to the required second floor setback and surcharge, lowering the entry
way and the bay window. The rear balcony will be functional and is very small so it is mostly a
decorative feature. The discussion continued about privacy plantings and obscured glass in the
upstairs windows. Commissioner Kaneda approved the 5' side yard setback exception and the
10' second story surcharge exception. He clarified that the house would be redesigned; by
moving the second floor, lowering the entryway and meeting fire code with a cantilevered bay
window. Commissioner Miller concurred.
MOTION: Commissioner Kaneda moved to approve R-2007-23 and RM-2007-14 with the above
mentioned conditions
SECOND: Commissioner Miller
ABSENT: none
ABSTAIN: none
VOTE: 2-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
Is/Beth Ebben
Beth Ebben
Administrative Clerk
g:planning/DRC CommitteejMinutes062107
6,0
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: RM-2007-14
Applicant: Reza Rafii
Property Location: 10484 Byrne Avenue
Agenda Date: August 28, 2007
APPLICATION SUMMARY:
Consider an appeal of a Design Review Committee approval of a Minor Residential Permit for a
second-story rear deck on a new 1,794 square foot residence.
RECOMMENDATION:
The Planning Commission has the following options:
1. Uphold the decision of the Design Review Committee; or
2. Uphold the appeal; or
3. Uphold the appeal with modifications.
BACKGROUND:
On June 21, 2007, the Design Review Committee approved a residential design review for a
new, two-story 1,794 square foot residence located along the east side of Byrne Avenue close to
the corner of Byrne Avenue and McClellan Road. Due to the extraordinary physical
constraints of the site, the Committee also approved several exception (R-2007-23) requests to
the R1 Ordinance (ground floor side yard setbacks, second floor setback surcharge and the
second floor exposed wall rule). In addition, the approval included a Minor Residential
Permit for a second story rear facing balcony.
On July 10,2007, Mr. Fatekh Vergasov, residing at the rear of the project property filed for an
appeal of the Design Review Committee's decision. The appellant's appeal focuses only on the
proposed second story balcony. Therefore staff discussion in this repot will only reflect that
issue.
BASIS OF THE APPEAL:
The following is a summary of the appellant's justification for the appeal:
· Existing privacy will be lost due to the proposed second story balcony.
· The proposed balcony will have 100% control over his property.
The appellant provided analysis that compared the proposed balcony to a watch tower having
views into his property (see exhibit A). The appellant also suggested that all of the second
story windows should be raised to be higher than five feet in sill height and be obscured from
any views.
Staff: The R1 Ordinance Section 19.28.090(H) states, "All new or expanded second story decks with
views into neighboring residential side or rear yards shall file for a Minor Residential Permit, subject to
Section 19.28.090, in order to protect the privacy of adjoining properties. The goal of the permit
5--9
June 21, 2007
R-2007-23,~-2007-14
Page 2 of 2
requirement is not to require complete visual protection but to address privacy protection to the greatest
extent while still allowing the construction and use of an outdoor deck. This section applies to second-
story decks, patios, balconies, or any other similar unenclosed features."
The proposed balcony is modest in size and is not excessive in design. In addition, privacy
protection trees or shrubs are required to be planted to screen views from the balcony. These
vegetations will be recorded on the property as a covenant to be maintained and preserved.
The Design Review Committee considered Mr. Vergasov's concerns but decided to approve
the balcony because the privacy mitigation issue has been reasonably addressed consistent
with the intent of the R1 Ordinance.
It is not uncommon for newer two story homes to have second story balconies. It is also not
the intent of the R1 Ordinance to have every possible views screened or eliminated but rather
minimized and curtailed. The project is consistent with the intent of the Ordinance and in
staff's opinion all privacy concerns have been sufficiently addressed. If the Planning
Commission desires additional modifications or measures to address the appellant's concerns,
you may consider the following options:
1. Eliminate the 2nd story balcony.
2. Convert the functional balcony into a faux balcony where it will not be functionally
accessible and only for architectural enhancement to the rear elevation.
3. Consider larger or taller trees at the time of planting.
It should be noted that the site line analysis provided by appellant (exhibit A) that attempts to
illustrate the potential angle of views from the proposed balcony into his yard is misleading
and not to scale. .
Prepared by:
Approved by:
Gary Chao, Senior Planner
Ciddy Wordell, City Planner
Attachments:
1. Appeal application and justification from Mr. Fatekh Vergasov, dated July 10, 2007.
2. June 21, 2007 Planning Commission staff report (with attachments including the plan set).
3. Design Review Committee Meeting Minutes, June 21, 2007.
4. Approved Design Review Committee Conditions of Approvals
5. Design Review Committee approved plan set.
2
5~/O
R-2007-23
RM-2007-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 257
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A RESIDENTIAL DESIGN REVIEW FOR A NEW TWO-STORY APPROXIMA TEL Y
1,794 SQUARE FOOT RESIDENCE AND A MINOR RESIDENTIAL PERMIT FOR A
SECOND STORY REAR YARD DECK ON THE NEW RESIDENCE AND EXCEPTIONS
TO ALLOW FIVE FOOT SIDE YARD SETBACKS INSTEAD OF A COMBINATION OF
15 FEET, AN EXCEPTION FROM THE 10 FOOT SECOND FLOOR SETBACK
SURCHARGE REQUIREMENT AND AN EXCEPTION TO ALLOW MORE THAN 50
PERCENT OF THE SECOND STORY PERIMETER WALLS TO HA VE OVER SIX FEET
EXPOSED WALL HEIGHTS.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2007-23
Applicant/Owner: Reza Rafii
Location: 10484 Byrne Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a new, two-story approximately 1,794 square foot residence with
exceptions to allow five foot side yard setbacks instead of a combination of 15 feet,
exception to allow a combined second story side yard setback of 23 feet instead of 25
feet, exception from the 10 foot second floor setback surcharge requirement and
exception to allow more than 50 percent of the second story perimeter walls to have
over six fee exposed wall heights. Also, a minor residential permit for a second story
rear bakony, as described in this Resolution; and
WHEREAS, with the exception of the request for a second story combined side yard
setback of 23 feet, the Design Review Committee finds that that all other requests are
beneficial and compatible with the surrounding area and the following findings for the
exceptions can be met;
1. That the literal enforcement of the provisions of this title will result in
restrictions inconsistent with the spirit and intent of this title.
The purpose of the sections 19.28.06002 (ground floor side yard setback),
19.28.060E3 (second floor setback surcharge) and 19.28.060G3 (exposed perimeter
second story perimeter wall rule) are to ensure sufficient building separation are
provided to the adjacent neighbors (ground floor and second floor), sufficient
5/11
Resolution No. 257
Page 2
R-2007-23 & RM-2007-14
June 21, 2007
----------------------------------------------------------------
----------------------------------------------------------------
wall offsets are provided on the second story walls from the ground floor walls
and the visual mass of the second story perimeter walls are minimized. The
project as proposed with the changes suggested by staff will sufficiently address
the spirit and intent of the above mentioned ordinances.
2. That the approval of the exceptions will not result in a condition that is
materially detrimental to the public health, safety, or welfare.
The exceptions should not cause any negative impacts to the neighbors or the public.
3. That the exceptions to be granted are ones that will require the least
modification of the prescribed regulations and the minimum variance that will
accomplish the purpose.
. . Due to the constraints of the width and size of the lot, the proposed exceptions
are necessary to facilitate a reasonable house plan with the least amount of
modifications to the prescribed R-1 regulation.
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties.
The exceptions should not cause any significant visual impacts to any neighbor.
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following findings can be met to approve
the minor residential permit for the second story balcony;
5. The project is consistent with the Cupertino General Plan, any applicable
specific plans, zoning ordinances and the purpose of this title.
The proposed balcony is consistent with the General Plan and the R-1 Ordinance.
6. The granting of the perinit 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.
The proposed balcony will not be detrimental to the public health, safety or
welfare.
7. The proposed project is harmonious in scale and design with the general
neighborhood.
The proposed balcony is modest in size and located at a reasonable location
consistent with the general pattern of the neighborhood.
8. Adverse visual impacts on adjoining properties have been reasonably
mitigated.
Privacy impacts will be reasonably mitigated by the requirements of privacy
screening trees or shrubs.
S-"/~
Resolution No. 257
Page 3
R-2007-23 & RM-2007-14
June 21,2007
----------------------------------------------------------------
----------------------------------------------------------------
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this maUer, application no. R-2007-23 and RM-2007-24, are hereby
approved; and that the sub conclusions upon which the findings and conditions
specified in this Resolution are based and contained in the public hearing record
concerning applications R-2007-23 and RM-2007-14 as set forth in the Minutes of the
Design Review Committee Meeting of June 21, 2007, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXIDBITS
Approval is based on a plan set entitled: "Proposed Two Story W /. Basement
Dwelling Unit, Reza Rafii, 10484 Byrne Avenue, Cupertino, CA 95014" Consisting of
five sheets received April 20, 2007, except as may be amended by conditions
contained in this resolution.
2. SECOND STORY SIDE YARD SETBACK
The combination of the side setbacks shall be twenty five feet, except that no second
story side setback may be less than then feet. The project shall be revised
accordingly. Revised plans shall be submitted to the Planning Department for
approval prior to issuance of any building permits.
3. PRIVACY PLANING
The project shall be consistent with the privacy planting requirements specified by
the R-1 Ordinance. A detailed landscaping plan shall be submitted to the Planning
Commission for approval indicating appropriate privacy screening trees or shrubs
prior to issuance of any building permits. Said trees or shrubs shall be recorded on
the property as a covenant to be preserved and maintained prior to the final
occupancy of the project.
4. ENTRY CANOPY
The entry canopy and the adjacent front porch roof element shall be lowered in
height by 1 foot. Revised plans shall be submitted to the Planning Department for
approval prior to issuance of building permits.
5. BASEMENT COVENANT
The applicant shall record a covenant running with the land that precludes the new
basement from being used or converted into a second dwelling unit.
yl3
Resolution No. 257
Page 4
R-2007-23 & RM-2007-14
June 21, 2007
----------------------------------------------------------------
----------------------------------------------------------------
6. SECONDSTORYBALCONY
The required side yard setback of second story balcony is 15 feet. A revised balcony
plan shall be submitted to the Planning Department for approval confirming
compliance to the 15 foot side yard setback requirement.
7. ARCHITECTURAL PROTECTIONS
All architectural projections including but not limited to bay windows shall not
project more than 3'-0" into the required side yard setback and must maintain at
least 3'-0" from any property line (measured from the edge of an eaves). Bay
windows as referenced here shall be cantilevered off the ground and/ or do not have
any foundations.
8. 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 ADOPTED this 21st day of June 2007, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
COMMISSIONERS: Miller, Kaneda
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Chairperson Chien, Wong
APPROVED:
Is/Ciddv Wordell
Ciddy Wordell
City Planner
Is/Martv Miller
Marty Miller, Commissioner
Design Review Committee
5-14
To:
From:
Subject:
Location:
Design Review Committee
Gary Chao, Senior Planner
Application: R-2007-23, RM-2007-14
10484 Byrne Avenue
Date: June 21, 2005
PROJECT DESCRIPTION:
Residential design review for a new, two-story 1,794 square foot residence with exceptions to
allow five foot side yard setbacks instead of a combmation of 15 feet, exception to allow a
combined second story side yard setback of 23 feet instead of 25 feet, exception from the 10
foot second floor setback surcharge requirement and exception to allow more than 50 percent
of the second story perimeter walls to have over six fee exposed wall heights. Also, a minor
residential permit for a second story rear balcony. .
RECOMMENDATION:
Staff recommends that the Design Review Committee approve the project (R-2007-23 and RM-
2007-14) subject to the model resolution and deny the following requests:
1. Exception to allow a combined second story side yard setback of 23 feet instead of 25 feet;
and
2. Exception from the 10 foot second floor setback surcharge requirement.
BACKGROUND
The project is located on a substandard parcel approximately 44 feet in width and 3,987 square
foot in size zoned RI-7.5. The project site is surrounded by predominately larger and wider
residential parcels. The proposed new house is approximately 1,794 square feet (45% FAR)
and is within the required building envelope. The applicant is requesting several exceptions
relating to side yard setbacks and second floor wall heights due to the constraints of the
substandard width and size of the parcel.
DISCUSSION
Ground floor side yard setback
According to the R-l Ordinance (19.28.060D2), the combination of the two side yard setbacks
shall be 15 feet, except that no side yard setback shall be less than five feet. The purpose of this
regulation is to ensure sufficient side yard setbacks from adjacent buildings on lots with at
least 60 feet in width and larger than 6,000 square feet in size. In the RI-5 zoning district, the
side yard setbacks are five feet on both sides because the ordinance recognizes the physical
constraints on narrow and small lots, and therefore provides more flexibility with less ground
floor side yard setbacks to facilitate reasonable floor plans. The proposed project site is
extremely narrow and small, but it is not located in a RI-5 zoning district. Therefore, the
applicant is requesting an exception to allow five foot side yard setbacks instead of a
combination of 15 feet. Staff supports this exception since it is consistent with the intent of the
ordinance, and the Design Review Committee has approved similar requests in the past.
6,15
June 21, 2007
R-2007-23, RM-2007-14
Page 2 of 4
Second floor side yard setback
Similar to the ground floor setback requirement, the R-l Ordinance (19.28.060E2) specifies that
the combination of the two second floor side yard setbacks shall equal 25 feet, except that no
second floor side yard setback shall be less than 10 feet. Again, the rationale behind this
requirement is to ensure sufficient separation from the adjacent properties and that proper
recess is given to the second floor from the ground floor to minimize the visual mass of the
second floor.
The applicant is requesting an exception to allow a combined second story side setback of 23
feet (10 feet and 13 feet) instead of a combined 25 foot setback. The City has not in the past
approved exceptions from the second floor setback requirements because of the sensitivity
level of the second floor mass and scale. Also, there are usually other development options
than to encroach into the required second floor side yard areas. In this case, staff does not
support the two foot exception request for the second floor setback based on the following
reasons:
1. The second story master bedroom (19'-0" by 13'-0") could simply be reduced to 17'-0"
by 13'-0" in order for the project to meet the required combined second story side yard
setback of 25 feet.
2. Alternatively, the applicant has the ability to locate one of the second floor bedrooms on
the ground floor toward the rear of the house. The applicant chooses not to.
In light of the available development options, staff recommends that the plans be revised to
meet the 25 foot combined second story side yards requirement.
Second floor setback surcharge
The R-l Ordinance (19.28.060E3) requires all new second stories to provide 10 feet of
additional second story setback (along the sides and/ or front, or a combination thereof) in
addition to the base requirement. Since the proposed home does not meet the required
combined side yard of 25 feet, naturally it will not be able to meet the required 10 foot
surcharge. The applicant is requesting an exception from the 10 foot surcharge requirement.
Due to width of the project lot, the applicant can not provide additional second floor setbacks
in addition to the base requirement while designing a reasonable floor plan. Staff supports
this exception provided that the minimum requirements are met.
Second story exposed perimeter walls
According to Section 19.28.060 G3 of the R-l Ordinance, 50% of the total perimeter length of
second story walls shall not have exposed wall heights greater than six feet, and shall have a
minimum two-foot high overlap of the adjoining first story roof against the second story wall.
The overlap shall be structural and shall be offset a minimum of four feet from the first story
exterior wall plane. The intent of this rule is to provide sufficient visual second story offsets
from the ground floor wall planes and to help minimize the visible wall mass of the second
story perimeter walls.
2
5-lb
June 21/ 2007
R-2007-23/~-2007-14
Page 3 of 4
Portions of the proposed second story walls along the right and left elevations have visible
walls less than 6 feet tall exposed; however they are overlapped by adjoining first story non-
structural arcades or covered porch features. While this does not meet the letter of the
ordinance, it does meet the spirit in that the second story perimeter walls are well offset from
the ground floor roofs and the exposed second story visible walls are not overly massive. Staff
supports this exception.
Entry Feature
Given the narrowness of the project parcel, all of the vertical features on the project will be
accentuated and appear taller. In addition, there is an abrupt change in plate height between
the garage and the entry feature (approximately 2 feet of differential). Staff recommends that
the entry feature and the adjacent porch roof be lowered in height by a foot in order to lower
the apparent mass of the entry feature.
Second story balcony
The applicant is applying for a minor residential application (RM-2007-14) to allow for a
second story rear facing balcony. The size and general location of the deck is appropriate and
will not cause significant privacy concerns for the neighbors to the rear and right (south) side.
However, according to the R-1 Ordinance, the side yard setback for the second story balcony is
15 feet. The right side yard setback of the proposed balcony appears to be approximately 14
feet to the property line. Staff recommends that the plans be revised so that at least 15 feet of
setback is provided. A detailed privacy protection planting plan shall be provided by the
applicant prior to issuance of building permits indicating appropriate landscaping screening
within the cone of vision from the applicable new second story windows and the balcony.
FINDINGS
Staff believes the project satisfies the required approval findings:
Exceptions
1. That the literal enforcement of the provisions of this title will result in restrictions
inconsistent with the spirit and intent of this title.
The purpose of the sections 19.28.060D2 (ground floor side yard setback), 19.28.060E3
(second floor setback surcharge) and 19.28.060G3 (exposed perimeter second story
perimeter wall rule) are to ensure sufficient building separation are provided to the
adjacent neighbors (ground floor and second floor), sufficient wall offsets are provided on
the second story walls from the ground floor walls and the visual mass of the second story
perimeter walls are minimized. The project as proposed with the changes suggested by
staff will sufficiently address the spirit and intent of the above mentioned ordinances.
2. That the approval of the exceptions will not result in a condition that is materially
detrimental to the public health, safety, or welfare.
The exceptions should not cause any negative impacts to the neighbors or the public.
3
6"'/7
June 21, 2007
R-2007-23,~-2007-14
Page 4 of 4
3. That the exceptions to be granted are ones that will require the least modification of the
prescribed regulations and the minimum variance that will accomplish the purpose.
Due to the constraints of the width and size of the lot, the proposed exceptions are
necessary to facilitate a reasonable house plan with the least amount of modifications to the
prescribed R-1 regulation.
4. The proposed exception will not result in significant visual impact as viewed from
abutting properties.
The exceptions should not cause any significant visual impacts to any neighbor.
Second story balcony
5. The project is consistent with the Cupertino General Plan, any applicable specific plans,
zoning ordinances and the purpose of this title.
The proposed balcony is consistent with the General Plan and the R-1 Ordinance.
6. 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.
, The proposed balcony will not be detrimental to the public health, safety or welfare.
7. The proposed project is harmonious in scale and design with the general neighborhood.
The proposed balcony is modest in size and located at a reasonable location consistent with
the general pattern of the neighborhood.
8. Adverse visual impacts on adjoining properties have been reasonably mitigated.
Privacy impacts will be reasonably mitigated by the requirements of privacy screening
trees or shrubs.
Prepared by:
Approved by:
Gary Chao, Senior Planner
Ciddy Wordell, City Planner
Attachments:
1. Model Resolution
2. Letters of support from the neighborhood
3. Plan Set
4
5../6
R-2007-23
RM-2007-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 9S014
RESOLUTION NO.
OF THE DESIGN REVIEW COMMITTEE OF THE CITY OF CUPERTINO APPROVING
A RESIDENTIAL DESIGN REVIEW FOR A NEW TWO-STORY 1,794 SQUARE FOOT
RESIDENCE AND A MINOR RESIDENTIAL PERMIT FOR A SECOND STORY REAR
YARD DECK ON THE NEW RESIDENCE AND EXCEPTIONS TO ALLOW FIVE
FOOT SIDE YARD SETBACKS INSTEAD OF A COMBINATION OF IS FEET, AN
EXCEPTION TO ALLOW A COMBINED SECOND STORY SIDE YARD SETBACK OF
23 FEET INSTEAD OF 2SFEET, AN EXCEPTION FROM THE 10 FOOT SECOND
FLOOR SETBACK SURCHARGE REQUIREMENT AND AN EXCEPTION TO ALLOW
MORE THAN SO PERCENT OF THE SECOND STORY PERIMETER WALLS TO HAVE
OVER SIX FEET EXPOSED WALL HEIGHTS.
SECTION II: PROTECT DESCRIPTION
Application No.: R-2007-23
Applicant/ Owner: Reza Rafii
Location: 10484 Byrne Avenue
SECTION II: FINDINGS
WHEREAS, the Design Review Committee of the City of Cupertino received an
application for a new, two-story 1,794 square foot residence with exceptions to allow
five foot side yard setbacks instead of a combination of IS'feet, exception to allow a
combined second story side yard setback of 23 feet instead of 2S feet, exception from the
10 foot second floor setback surcharge requirement and exception to allow more than SO
percent of the second story perimeter walls to have over six fee exposed wall heights.
Also, a minor residential permit for a second story rear balcony, as described in this
Resolution; and '
WHEREAS, the Design Review Committee finds that the changes are beneficial and
compatible with the surrounding area and the following findings for the exceptions can
be met;
1. That the literal enforcement of the provisions of this title will result in
restrictions inconsistent with the spirit and intent of this title.
The purpose of the sections 19.28.060D2 (ground floor side yard setback),
19.28.060E3 (second floor setback surcharge) and 19.28.060G3 (exposed perimeter
second story perimeter wall rule) are to ensure sufficient building separation are
provided to the adjacent neighbors (ground floor and second floor), sufficient
s/}q
Resalutian No..
Page 2
R-2007-23 & RM-2007-14
June 21, 2007
----------------------------------------------------------------
----------------------------------------------------------------
wall affsets are pravided an the see and stary walls fram the graund flaar walls
and the visual mass af the secand stary perimeter walls are minimized. The
praject as prapased with the changes suggested by staff will sufficiently address
the spirit and intent af the abave mentianed ardinances.
2. That the approval of the exceptions will not result in a condition that is
materially detrimental to the public health, safety, or welfare.
The exceptions should not cause any negative impacts to the neighbors or the public.
3. That the exceptions to be granted are ones that will require the least
modification of the prescribed regulations and the minimum variance that will
accomplish the purpose.
Due to. the canstraints af the width and size af the lat, the prapased exceptians
are necessary to. facilitate a reasanable hause plan with the least amaunt af
madificatians to. the prescribed R-1 regulatian.
4. The proposed exception will not result in significant visual impact as viewed
from abutting properties.
The exceptians shauld nat cause any significant visual impacts to. any neighbar.
WHEREAS, the Design Review Cammittee finds that the changes are beneficial and
campatible with the surraunding area and the fallawing findings can be met to. apprave
the minar residential permit far the see and stary balcony;
5. The project is consistent with the Cupertino General Plan, any applicable
specific plans, zoning ordinances and the purpose of this title.
The prapased balcany is cansistent with the General Plan and the R-1 Ordinance.
6. 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.
The prapased balcany will nat be detrimental to. the public health, safety ar
welfare.
7. The proposed project is harmonious in scale and design with the general
neighborhood.
The prapased balcany is madest in size and lacated at a reasanable lacatian
cansistent with the general pattern af the neighbarhaad.
8. Adverse visual impacts on adjoining properties have been rea~onably
mitigated.
Privacy impacts will be reasanably mitigated by the requirements af privacy
screening trees ar shrubs.
5" )}.o
Resolution No.
Page 3
R-2007-23 & RM-2007-14
June 21, 2007
----------------------------------------------------------------
----------------------------------------------------------------
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. R-2007-23 and RM-2007-24, are hereby
approved; and that the sub conclusions upon which the findings and conditions
specified in this Resolution are based and contained in the public hearing record
concerning applications R-2007-23 and RM-2007-14 as set forth in the Minutes of the
Design Review Committee Meeting of June 21, 2007, and are incorporated by reference
herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on a plan set entitled: "Proposed Two Story W /. Basement
Dwelling Unit, Reza Rafii, 10484 Byrne Avenue, Cupertino, CA 95014" Consisting of
five sheets received April 20, 2007, except as may be amended by conditions
contained in this resolution.
2. SECOND STORY SIDE YARD SETBACK
The combination of the side setbacks shall be twenty five feet, except that no second
story side setback may be less than then feet. The project shall be revised
accordingly. Revised plans shall be submitted to the Planning Department for
approval prior to issuance of any building permits.
3. PRIVACY PLANING
The project shall be consistent with the privacy planting requirements specified by
the R-1 Ordinance. A detailed landscaping plan shall be submitted to the Planning
Commission for approval indicating appropriate privacy screening trees or shrubs
prior to issuance of any building permits. Said trees or shrubs shall be recorded on
the property as a covenant to be preserved and maintained prior to the final
occupancy of the project.
4. ENTRY CANOPY
The entry canopy and the adjacent front porch roof element shall be lowered in
height by 1 foot. Revised plans shall be submitted to the Planning Department for
approval prior to issuance of building permits.
5. BASEMENT COVENANT
The ~pplicant shall record a covenant running with the land that precludes the new
basement from being used or converted into a second dwelling unit.
5~:2'
Resolution No.
Page 4
R-2007-23 & RM-2007-14
June 21, 2007
----------------------------------------------------------------
----------------------------------------------------------------
6. SECOND STORY BALCONY
The required side yard setback of second story balcony is 15 feet. A revised balcony
plan shall be submitted to the Planning Department for approval confirming
compliance to the 15 foot side yard setback requirement.
7. 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
Goyernment 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 21st day of June 2007, at a Regular Meeting of the Design
Review Committee of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Ciddy Wordell
City Planner
Cary Chien, Chairperson
Design Review Committee
5--J.;)
GENERRL
I-All flnfsh grading shall slopo away from bufldlng to
provldo a posltlvo dralnago to tho stroot. slopo shall bo
2% min. at structuro and 1% min. to public way.
2- Provldo cross conMctlon davlco at hosa bibb por UPC.
,3- Smoko dotootors shall bo hardwlro & Intorconnootod &
oqulppod w/ bsttory backup.
4- Tho roof shall bo flro - stoppod to procluJo ontry of
flame or ember5 under rof7f covmng.
5-Uso ultra low flush (106 gal / flaush) toilots.
6.ExhtlUst fan shall provldo: min. 5 air chango por hour w/1;h
bpckdraft dampt:r5 & pofn-t cf d/schar'le ghs{{ be at least
.3' 0" from .ahy open/t;g.5.
7- 205 gal/min. faucot and showor hoad. If equlppod with
flow rt:5trfctor must be mt:chanlcally rete/hed.
8-lnstliffltltfon of automatic setback thermostat.
B.Wator hoator tank InsulatIon to IncluJo 5 foot of hot and
cold piping.
10-Provldo flouroscont lamp flxturosln bathrooms. kltchon.
ate.
Tf-Provldo hoatlng duct soal / clamp and tapIng.
12-Provldo caulking @ solo plato and top platos.
1,3. Installation of tilo roofing shall bo In aooordanco wIth
U/7C Standard 15-5 and tablo 15-D_1 and 2.
14- Valley flashing shall bo mIn. no. 217 G.5.M.. 11" mIn.
.extel1ds from center line.
15- Provldo antI - scald valvos at tub flxturos.
16- Roof and vortlcal walls 6hall bo f/ashod and countor
flashod with no. 26 G.5.M. por s=on 150B.
17. Provldo antl- scald valvos at tub flxturos.
18- Water- res/stant gyp. bosrd shall be used on tub "5 walf.
20- Thersholds drop at exterIor aoor shall nut be more
than 17" (for In swinging doors. and 1" for. out - swlglng
doors) bc/ow Il15ldo flnlshod floor.
21- Water heater tank to have two seIsmIc strtfp. 18" above
garage floor and pIpe pry fIne to outside.
',- ."..-',,"'0;-',,- '.'r~""'~-"~
'.. .''- ....,.-
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APPROVAL
~
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NOTES CONT_
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5. (lJ.S.) Indicates 2'. 3" Jown,pout' - typo
6-Attlc vc!itIIJltfon'
of the roCiwiil be'throu the U6eof
(.3) 2" dls. hD/a; In frIeze block/lTe between
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10484 BYRNE AVENUE
SITE PLAN
!!SCALE: 1/18 " ~ 1'-0"
CODES RND SRFETY
1. ALL CONSTRUCTION MID INSTALlATION SHALL COt-FORM TO THE FOLLOWING CODES:
2001 UNIFO~" I5Ull.OING CODE (UI5C)
2001 UNlFO~M lAECHmCiII. tODE (U"'C)
2001 UNlFO~M f"LUIlAI5ING CODE (Urc)
2001 UNlF""M flU CODE (UFC)
2004 NATIONAL ElEenlC CODE (NEe)
TITLE 19 eNJFO~NlA ADMtNl5TkATlVE COPE
TIne 24 CAL1FOItNlA ADMtNlsnATlVE CODE
AND At.l'f OTHEIt GOVERNING GOPES. ORDINANCES AND ALL OTHER REGULATIONS
OF WCAl AGENCIES AND/OR. OTHER GUVER~ENT AL AGENClES HAVING JURl5DICnON.
THE CONT'RACTOt SHAll. FURNISH ill LA50R AND MArERw.s AS NECESSARY TO COMPLY
WITH SUCH CODES AND REGULATIONS. WHE'fHER art NOT SHOWN ON THE eONfRAer DOCUMH1fS
WITHOUT ANY ADDmONAl CHA~GE TO THE CONT~ACT SUM
IN "fHE EVE1-.rr OF CONFl1Cr. n-a;- MOST SrRINGENI REQUIREMENTS SHALL APPLY.
SliTIE' DATR
R. P. N. 357-14-013
10484 BYRNE AVENUE CUPERTINO, CA.
ZONE : Rl-7.5 BU'
GROSS LOT SIZE' 4.4:3.00 son NET LOT SIZE' 3,9107.00 SQ.F1 , I.
l'IRXIMUt'I FLOOR RRER' 1.794.15 sa.F1.
EXISTING
HE^TED LMNG ^~fj,
~NCWIllNGWMl.5) _(1.752 ~FT.) -1FIItSTFLOOIt: 70Z.1 sa.FT. _1.:36:3.4 SQ.FT.
(TO BE DEMOUSH) I SECOND FLOOIt: 661.:3 SO.FT.
~"U:
DO N01' SCN.E THE DleAWlNG5.
NlIlI[LlJ&'" retIRe.t"," C7f
4Ilmm6fDn~ A. ~uraM.
Th~ phOr.' cDhtr.Gtor 5!u1U
c,*1:. ~ verify.n levdlll..~
.11d .lR'Il't'ItotDl16 .11d sluR ro~~
.11)f "11,d "II Jl"l'ar~ at'Id omH'lotl
f.D'th" desIgner imtoJfl!tol.y.
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cDnJlI'k:t1Dtt wtth struct1.l'.1.
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.-ry .,t.her ~..I.it4r!U "rM1~e
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APR 2 I} 2007
TWO C/o1. G/o1.^Gf 4:30.56 SG.FT. 4:30.56 5Q.FT.
HE^TED UVING /o1.E^ ~~MEIlT
ONCLUDING W~LS) 974.9 SO.FT, 974.9 SG.FT. ::=0
~c?; l'-
~MMENT UGHlWEl!.5 d:\
~NCUIIlINGW~ll5) ----- 10e-.5 SQ.FT. 10e-.S SQ.FT. EO l'-
><t ll)
'l) \\Ill)
COVElt r01:GH WI.5TAI~E5 96.e- SQ.FT. 96.e- SQ.FT. 'S ~< 1ii
l;\S :;:0 \!)
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COVElt r^TiO -.-..-. 152.9 SQ.FT. 152.9 SQ.FT. -"L " ;:
-" II)
ONCLUDING W ^l!.5) 'l) ~> \!)
a " " x
F. A.It., (44.997.) EO ~(i ~
~ ::;;'E o<l
I.OTCOV~, (44.:34 %) <t"
(INCLUDING OVE~H/,NG5) ~ 1ii~ u
>-
SECOND FLOOR PERIMETER WALL: 121?>' tJ .
SECOND FLOOIt VI51e>LE WALL OVER 6'0' HIGHT: _.62'6"< &4'4'
][NDEX
SHEET
R-l- SITE PLAN, INDEX SHEET, VICINITYl'IAP, SITE DATR
A- 2- PROPOSED FLOOR PLRN.
R-3- EXTERIOR ELEVRTIONS.
R-4- SECTIONS, ROOF PLRN, FLOORS RRER CRLCULRTION.
R-5- BUILDING DETAILS.
GENERAL LEGEND
~k~~~NEW
f.=====}-INDtcATES NEW WALL
(8 -INDICATES EXISTING;
(N) -1t-lDICRTES NEW
GENERAL
NOTES
" ENERGY FORM CF-6R THE INSTALLA TlON AND INSULA TION
CERTIFICATES SHALL BE POSTED ON THE JOB SITE DURING
CONSTRUCTION OF THE PROJECT."
FIRE SPRINKLERS WILL BE INSTALLED PER MUNICIPAL ORDINANCE
"ALL WOgK AT PUBLIC AREA SHALL REQUIRED:
A SEPARATE PERMIT AND SHALL COMPLY WITH ALL APPLICABLE
REGULATIONS CODES BY PUBLIC WORKS DEPARTMENT OF
CUPERTINO CITY."
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DATE:
rI~ -2007
DtAWNIJY: ),tOE
CHECKEDn: u.FIl
..- 06-145
5HEEf NO.
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