CC 10-05-2021 Item No. 9 Appeal of Application R-2020-035 RM-2020-023_Staff Presentation1
1506 Primrose Way
Appeal of Applications
R-2020-035
RM-2020-023
Project Site
•1506 Primrose Way
•Neighborhood: Monta
Vista South
•Zoning District: R1-6
R1-6PR
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CC 10-05-2021 Item No. 9
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Project Request
●Two-Story Permit to allow for:
●New 2,992 sq. ft. two-story home
●746 sq. ft. ADU
●Minor Residential Permit to allow for a 115 sq.
ft. second-story balcony
Project TimelineProject Timeline
Applicant applies for Two-Story & Minor Residential Permits11/29/20
City deems project complete2/22/21
Public comment period3/5-19/21
Applicant submits revised project4/19/21
City approves revised project4/19/21
City receives appeals (Lin & Vadhia) of Director’s Decision4/29 – 5/3/21
Planning Commission upholds the Director’s decision6/22/21
City receives appeals (Lin & Vadhia) of Planning
Commission’s Decision7/2-3/21
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Appeal Context
Applicant:
1506 Primrose Way
Appellants:
1493 & 1479 Poppy Way
POPPY WAY
PRIMROSE WAY
Appeal Basis #1: Mass & Bulk
●“Primrose Way is a community of beautiful
single story homes. A two story construction
will destroy the look and feel of the
neighborhood. It’s everyone’s responsibility
to uphold the integrity and feel of the
neighborhood.”
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Response: Mass & Bulk
●Mix of single-story & two-story residences
●Average floor area = approx. 2,822 sq. ft.
●Project is comparable to neighboring homes
= Two-Story Residence
●No Single-Story Overlay
●Complies with R-1 Ordinance
●FAR
●First-Floor Building Envelope
●Setback Regulations
●Building Height
●Complies with ADU Ordinance
●Setback Regulations
●Height
●Under 800 SF
Response: Mass & Bulk
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Response: Mass & Bulk
Response: Mass & Bulk
Building Height
Reduced:
25’-2” to 23’
Entry Feature Height
Reduced:
14’ to 12’-5”
FAR Reduced
by 23 sq. ft
Broke up Bay
Window & Removed
Stone
Added Ornamental
Features
Reduced Visual Mass
of 2nd Story
Simplified Rooflines
Made Windows More
Consistent
Simplified
Garage Door
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Appeal Basis #2: Privacy Impacts
●5’ Grade Difference
●ADU Windows (1st Floor)
●Second-Story Balcony
●Second-Story Windows
●Privacy Plantings – insufficient height
●Privacy Plantings - location concerns
Response: Privacy Impacts
●Complies with R-1 Ordinance height limitations
●Proposed height = 23’
●Max. allowed height = 28’
●Code does not account for grade
differences between properties
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Response: Privacy Impacts
●Complies with R-1 Ordinance setbacks
28’-5”
34’-6”
26’-6”
Response: Privacy Impacts
●Complies with R-1 Ordinance privacy screening
Proposed privacy
screening:
Laurus nobilis
Privacy
screening not
required
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Appeal Basis #3 & Responses: Other
“The ADU is planned to be a separate unit even
though it’s attached to the main residence. Over the
long run the applicant has not demonstrated the ADU
and main residence will continue to be separate. I
see little evidence the City has addressed this long
term issue.”
-Response:
●ADU complies with State law & ADU Ordinance
●ADU shall remain separate from main home
Appeal Basis #3 & Responses: Other
“I paid a king’s ransom to buy a home in Cupertino with
views of the beautiful Cupertino Hills. The two-story
proposal totally obscures my views of the beautiful
Cupertino hills and skyline. The City’s decision has now
given my beautiful views to the applicant to enjoy! Does
that seem fair? The City’s decision discriminates
established residents like myself relative to applicants that
apparently don’t live in Cupertino.”
-Response:
●Preservation of views is not a stated purpose of the R-1
Ordinance
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Noticing
Notice of Public Hearing
& Site Signage
Agenda
Site Signage -posted Posted on the City's official
notice bulletin board
10 notices mailed Posted on the City of
Cupertino’s Web site
Recommendation
That City Council adopt the proposed draft
resolutions to:
●Find that the proposed actions are exempt from
CEQA
●Deny the appeals & uphold the Planning
Commission’s approval of R-2020-035 &
RM-2020-023
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