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DRC 09-18-08Design Review Committee September 18, 2008 Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE HELD ON September 18, 2008 ROLL CALL Committee Members present: Lisa Giefer, Chairperson Jessica Rose, Commissioner Committee Members absent: none Staff present: Staff absent: Elizabeth Pettis Aki Honda-Snelling None APPROVAL OF MINUTES: September 4, 2008 Minutes of the September 4, 2008 Design Review Committee meeting were approved WRITTEN COMMUNICATIONS: Correspondence from Yung Chen, expressing; concern regarding the proposed fence POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATION: None CONSENT CALENDAR: None PUBLIC HEARING: 1. Application No.(s): DIR-2008-27 Applicant: Neal Yung Location: 10292 Terry Way Director's Referral of a Minor Modifi~:ation to allow minor landscape and fence improvements to an existing apartmerit building Design Revzew Committee decision final unless appealed. 2 Design Review Committee September 18, 2008 Staff member Pettis explained that at the sate, there are 8 condominium units facing each other, four on each side with a shared courtyard in the middle. The Applicant is proposing to install a 3' high fence (4" aw~iy from the property line on his side), an entry gate and do landscaping improvements. This will effectively separate his four units from the adjacent facing units. Staff has received concerns from the neighbor regarding how the fence will reduce the size of the courtyard for their tenants, potential safety hazards for the children playing in the courtyard and that other condominium units in the area with the same configuration do not have a fence so this fence would not be compatible with the neighborhood. Sttaff supports the proposed application and hopes that the Applicant and the neighbor c2in work a compromise regarding the use of the courtyard space. Chairperson Giefer asked why the application was being heard by the Design Review Committee to approve. Staff member Pettis explained that the R3 Zoning Ordinance requires any landscaping changes be approved by the Design Review Committee. The Applicant addressed the Committee to explain his landscaping plan. He was working with his neighbor to improve all of the landscaping on the site. His initial plan was fora 6' fence, but agreed to lower it to a 3' fence. Then negotiations fell through. He wants to make a nice area for his tenants, brut feels that there needs to be a separation since there are no assurances that the other side would be improved. Commissioner Rose asked the Applicant how his tenants felt about the proposed landscaping. He stated that they did not object. Chairperson Giefer asked about the number of children on site and if the sprinkler system would be improved and what kinds of trees was the applicant proposing to plant on site. The applicant stated that the landscaper would advise him on appropriate native, water-wis,e trees and he would be installing a timed sprinkler system. The adjacent Property Owner spoke to the Committee explaining that she did not object to landscaping but felt i:hat the fence would be hazardous to the children that play in the grassy area between the property lines. Two tenants spoke against the fence as well. They thought the fence would ruin the aesthetics and the "neighborly" feeling of the area. Commissioner Rose asked the neighboring property owner if she was willing to re-landscape the' entire area with the applicant. She stated that she didri t want the fence, but was only willing to re-do the grass at this time. Commissioner Rose encouraged the property owners to work together to improve the entire site. It is the right of the Applicant t~o improve his property and to protect his landscaping investment from encroaching weeds. She did suggest a softer fence line, perhaps a picket style instead of the solid redwood with a couple of openings to the other property side to encourage the "neighborly" feelings. Chairperson Giefer agreed that the fence in the middle is hard since the children from all the units play on the grass, but since the property owners cannot agree to a shared landscaping plan, the Applicant has the right to develop his property as proposed to the Committee. She did like Commissioner Rose's idea of a picket fence with openings. She would like the Applicant to plant native species and use recycled materials for the fence construction. Commissioner Rose move to approve the application with the additional conditions that the landscaping pants must be native or water-wise. The fence shall be constructed in a picket style with at least one opening to the adjacent property and is encouraged to be constructed from recycled materials. Design Review Committee September 18, 2008 MOTION: Commissioner Rose moved to approve DIR-2008-27 with the above mentioned conditions SECOND: Chairperson Giefer noted that if the Applicant and the neighboring Property Owner could agree on a landsca~~ing plan for the entire site within 30 days, then the picket style fence in the middle of the grassy area could be omitted without further Committee approval. ABSENT: none ABSTAIN: none VOTE: 2-O OLD BUSINESS: None NEW BUSINESS: None Respectfully submitted: Beth Ebben Administrative Clerk g:planning/DRC Committee/Minutes091808