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
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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.
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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
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