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AH 01-24-2013 Administrative Hearing January 24,2013 Cupertino, CA 95014 (408) 777-3308 APPROVED MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATIVE HEARING HELD ON January 24,2013 ROLL CALL Hearing Officer present: Gary Chao, City Planner Staff present: George Schroeder, Project Planner Simon Vuong, Project Planner Applicant present: Felix Mendelson,homeowner Vanessa Chow, Apple Inc. APPROVAL OF MINUTES: December 13, 2012 The minutes of December 13,2012 were approved WRITTEN COMMUNICATIONS: Three emails were received in regards to item 1 POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATION: None PUBLIC HEARING: 1. Application No.(s): R-2012-29, RM-2012-32, INT-212-01 Applicant: Felix Mendelson Location: 10300 Byrne Avenue Two-Story Permit to allow the construction of a 3,744 square foot single family residence; Minor Residential Permit to allow two second story balconies on the new residence; Interpretation to allow the street side lot line (along Byrne Avenue) of a corner lot to be considered the front lot line for a new two-story, single family residence Administrative Hearing decision final unless appealed. Staff Member Schroeder explained that the application needs to be approved at the Administrative Hearing meeting as it involves a front yard interpretation. The property is a corner lot. The Applicant recently dedicated portions of both frontages of his lot to the City for the purposes of public improvements and street widening. According to the Zoning Code, the front lot line for corner lots is defined as the shorter of the two lot lines abutting the street. Since the street dedications, the San 2 Administrative Hearing January 24,2013 Fernando Road side is the shorter of the two sides. The intent of the Code is to provide the front lot with space from the street and compatibility with the surrounding area. Staff supports the interpretation request to allow the Byrne Avenue side to be considered the front lot line as the majority of other corner lots on long Byrne Avenue within the Monte Vista area have front setback orientations along Byrne. The proposed orientation of the new house is compatible with the other structures on the street and results in setbacks that would be cohesive more with the neighboring properties. The proposed new two-story home with second story balconies has been designed to meet all aspects of the R1 Ordinance including the front yard setback requirement with the interpretation. The Hearing Officer asked about the emails relating to the project. Staff member Schroeder explained that a neighbor has requested that the homeowner retain all the trees on the site. The applicant has indicated that he will work to retain a redwood tree towards the rear of the property. The other trees on site have been evaluated by the City's consulting arborist and will need to be removed due to their poor health and location near the future street improvements. All removed trees will be replaced in accordance with the Tree Ordinance. Six new trees will be replanted on site. The applicant expressed concerns about keeping the redwood since its size may hinder the health of the required privacy planting trees. Staff member Schroeder explained to the applicant he the City's arborist will help determine the proper screening tree species for the environment. Working with the neighbor to agree on keeping the redwood tree even if it doesn't provide great screening is a solution as well. A neighbor, Dave MacLeroy, spoke to say there is a row if Italian Cypress trees along the neighbor's house so there is no need for more trees on that side. He asked about what size the replacement trees are required to replant. He suggested that 15gallon size trees be used since they will grow bigger, faster than box trees. He supports the project and likes the neighbor very much. The Hearing Officer supports the interpretation of the front lot line being along Byrne Avenue and did not have any questions regarding the design of the proposed new residence. The applications were approved per the draft resolutions with the additional comment that the redwood tree could be retained provided approval(via a waiver form) from the neighbor is given DECISION: Applications R-2012-29, RM-2012-32 and INT-212-01 were approved by the Hearing Officer 2. Application No.(s): ASA-2012-25 Applicant: Cesar Ho (Apple, Inc) Location: 4 Infinite Loop Director's Architectural and Site approval to allow the conversion of an existing patio courtyard area into expanded cafeteria server area and associated ancillary uses at an office complex Administrative Hearing decision final unless appealed. Staff Member Vuong reviewed the project for the Hearing Officer. Apple, Inc is proposing to turn existing, outdoor patio courtyard space into an extension of their cafeteria. The expansion includes the enclosure of the patio, the addition of a skylight and awning, dishwashing and storage station, food servery area and trash compaction. Since the amenity space is existing on site, there are no impacts to parking demands, office space allocations or other intensifications. The Hearing Officer asked if the remodeled space would be visible off campus and clarified that the application does not propose to create any new office work areas. Staff member Vuong stated that the enclosed patio would not be visible from the right of way and that no office uses were proposed. The applicant said that their intent is to match as closely as possible the new construction materials for the enclosure with the existing building materials. 3 Administrative Hearing January 24,2013 The Hearing Officer asked if the applicant had any questions regarding the conditions of approval of the project and were aware that office space was not part of this application. If, in the future, Apple wanted to create office space in the enclosed amenity area; they would need to submit a new application. It would be a much more involved project, subject to a more rigorous review and approval process. The application was approved per the draft resolution. DECISION: Application ASA-2012-25 was approved by the Hearing Officer ADJOURNMENT i Res ectfully submitted:itted: 2,0htlx) B eth Ebben Administrative Clerk g:planning/AH Committee/Minutes012413