DRC 08-07-14 Design Review Committee
August 7,2014
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF THE REGULAR MEETING OF
THE DESIGN REVIEW COMMITTEE HELD ON August 7,2014
ROLL CALL
Committee Members present: Winnie Lee, Chairperson
Alan Takahashi, Commissioner
Committee Members absent none
Staff present: George Schroeder
Staff absent: None
APPROVAL OF MINUTES:
June 19,2014
Minutes of the June 19, 2014 Design Review Committee meeting were approved as written
WRITTEN COMMUNICATIONS:
None
POSTPONEMENTS/REMOVAL FROM CALENDAR:
None
ORAL COMMUNICATION:
None
CONSENT CALENDAR:
None
PUBLIC HEARING:
1. Application No.(s): R-2014-23,RM-2014-17, EXC-2014-08
Applicant: Diony T.Bugay(Chopra residence)
Location: 11204 Mt. Crest Drive
Two-Story Permit to allow a 1,564 square foot first floor and a 311 square foot second floor
addition to an existing 4,080 square foot, two story single family residence;
Minor Residential Permit to allow two new second story balconies;
Residential Exception to allow a 17', 6" first floor front yard setback where 20' is required
Design Review Committee decision final unless appealed.
Staff Member Schroeder explained that the application has been referred to the Design Review
Committee because of the Residential Exception application. Part of the proposed addition includes a
garage which encroaches 2', 6" into the required 20' front yard setback. The intent of the 20' setback is to
ensure for enough room for parking, provide adequate light and air between buildings and the street
and to help reduce the visual mass of the residence. When the garage door doesn't open onto the street,
h
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the City usually allows a 15' side yard setback. This flag lot is unusual in that the front yard lot line
slants inward approximately 40degrees in rather than being parallel with the street. Due to the slanted
front lot line and the way the existing is residence is situated on the lot, the proposed garage will need to
be treated as though it has a side facing entrance. It is not visible from the street and there is adequate
additional parking. The Two-Story and Minor Residential permit meet all the requirements of the City's
Municipal Code requirements. A certified Arborist has reviewed the plans and has requested to have
additional trees planted on site to meet the privacy screening requirements. This requirement has been
incorporated into the draft resolution.
Commissioner Takahashi asked for clarification as to the species and number of trees to be planted.
Chair Lee wanted to know if the additional tree requirement was because of the proposed new balconies.
Staff member Schroeder explained that the balconies as well as some new windows created the need for
additional privacy screening even though it is an existing two story residence. Commissioner Takahashi
then asked to see the elevation site plans. Chair Lee and Commissioner Takahashi asked about the
setback requirement for the garage. Staff Member Schroeder explained that the 20 foot setback is applied
to rectangular shaped lots where when facing the house, someone sees a large massed structure. The 15
foot setback for side entry garages is applied as the structure someone is looking at is visually smaller
and has less of an impact.
The applicant said that they are looking forward to the moving into their new residence and raising their
family. He thanked George for all his help. He has reviewed the conditions of approval and has no
objections.
A neighbor, Rob Karr, asked about how long the construction would take as all of the surrounding
neighbors are retired and home during the day but was not opposed to the project. Staff member
Schroeder went over the construction hours and mitigation requirements. Another neighbor, Lanny Ng,
wanted to know if a new fence could be installed in place of the wire one that now exists in order to
reduce noise and add privacy. A neighbor, Steve Lew, spoke to the concerns about noise, dust and
privacy. He stated that his house is extremely close to the project site. He would like construction to start
later in the day since he works from home and doesn't want the background noise to affect his calls. He
would also like to have a solid material fence installed for privacy.
Staff member Schroeder said that the City does not require fences. If property owners install fences, the
City will review the fence for placement and height, but cannot compel a property owner to install one.
He encouraged the neighbors to have a private discussion regarding that. The construction hours have
been established in order to allow the most daylight hours to get the work done. The Building
Department has a Best Management and Practices sheet the lists noise and dust mitigations that must be
adhered to during construction. He said that some construction sites have a dedicated person who can
be worked with to resolve complaints. He again encouraged the neighbors to communicate with each
other regarding when construction will begin and how long it will take.
Chair Lee asked the neighbors if they had spoken to the applicant regarding their concerns prior to the
meeting. Ms Ng said she had not. She came to the meeting to discuss it because it is a privacy issue. She
was asked if she would be willing to help pay for a new fence. She said she would wait to see how
temporary fence works to keep the dust and noise down and would speak to the applicant after that
going further. Staff member Schroeder suggested a site specific Construction Management Plan could be
developed to help enforce the required mitigations. The Committee discussed what sort of language
could be incorporated into a Management Plan and what sort of recommendations could be included in
the conditions of approval.
Commissioner Takahashi spoke to the increased aesthetic for the neighborhood with the improvement of
the existing house. He acknowledged that the Committee could not require a fence, but asked that the
neighbors take advantage of the temporary fence to make sure that a solid permanent fence is really
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what they all want. He is in favor of a simple site specific Construction Management Plan that outlines
ways to minimize disturbances. He feels that over regulating the construction facilitates could prolong
the project time line and create an enforcement issue. Chair Lee concurred with Commissioner
Takahashi's comments. She encouraged the neighbors to work together on the fence issue. She would
like the draft resolutions to be modified to. incorporate the need for a site specific Construction
Management Plan.
Both Committee members felt that the conditions applied to the application for approval were sound
and that the signage would not be a nuisance to the neighbors. They supported Staff's recommendations.
MOTION: Commissioner Takahashi moved to approve R-2014-23, RM-214-17 and EXC-2014-08 with the
addition of a site specific Management Plan
SECOND: Chair Lee
ABSENT: none
ABSTAIN:none
VOTE: 2-0-0
OLD BUSINESS:
None
NEW BUSINESS:
None
Respectfully submitted:
&W I A02�
Beth Ebben
Administrative Clerk