PC Summary 07-28-09City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
From: Aarti Shrivastava, Director of Community Development
Date: July 31, 2009
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE
July 28, 2009
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
DIR-2009-04, Daryl Harris (Hong Residence), 10928 Sycamore Drive
Description
An appeal of the approval of a Directors Minor Modification to allow a 562
square foot addition to an existing single family residence located in the Oak
Valley Planned Development District
Action
The Planning Commission upheld the appeal on a 5-0 vote.
The appellant has withdrawn their appeal
Enclosures:
Planning Commission Report of July 28, 2009
Planning Commission Resolution No. 6561
g:planning/Post Hearing summary to cc072809
Beth Ebben
Subject: FW: appeal
From: farro73@gmail.com [mailto:farro73@gmail.com]
Sent: Friday, July 31, 2009 12:15 PM
To: Leslie Gross
Cc: Beth Ebben; Farro Agdassi
Subject: appeal
Dear Leslie,
I am withdrawing my appeal of application DIR-2009-04, located at 10928 Sycamore Drive, because the
owners of the project, Mr. And Mrs. Roy and Andrea Hong, have agreed to remove the chimney element from
the rear addition. The interior fireplace will remain. Because I cannot provide a signed letter by Monday, please
except this a-mail.
Farro Agdassi
Sent from my Verizon Wireless B1ackBerry
i
CITY OF
CUPERTINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
--
Community Development Department
SUMMARY
Agenda Item No. ~ Agenda Date:1uly 28, 2009
Application: DIR-2009-04
Applicant (s): Mr. Daryl Harris on behalf of Mr. & Mrs. Roy and Andrea Hong
Property Location: 10928 Sycamore Drive
Application Summary:
Consider an appeal of a Director's Minor Modification to allow a 562 square foot
addition to an existing single-family residence in the Oak Valley Planned Development
District.
RECOMMENDATION:
The Planning Commission has the option to make the following recommendation to the
City Council:
a) Uphold the Director of Community Development's decision; or
b) Uphold the appeal; or
c) Uphold the appeal with modifications.
BACKGROUND:
The applicant, Roy and Andrea Hong, are requesting a Director's Minor Modification to
construct a 562 sq. ft. first floor addition to an existing two story single-family residence
located at 10928 Sycamore Dr. within the Oak Valley planned residential neighborhood.
A two-story residence currently exists on the parcel. Single-family residential parcels
surround the subject site. Please see aerial photo below.
DIR-2009-04 July 28, 2009
10928 Sycamore Drive Page 2
Aerial Photo
DISCUSSION:
The project proposes adding two areas on the first floor. A 48 square foot addition is
located along the southern side of the house, maintaining the existing 10-foot side yard
setback and is not being contested by the appellant. The remaining 514 square f oot
addition is to be located at the rear of the existing residence, along the northern side
with a proposed side yard setback of 5 feet. The existing wall on the northern side is
currently set back 12-feet. The addition will accommodate a new great room and
enlargement of the existing kitchen. The residence is currently 3,668 square feet,
including the existing garage, and has an FAR of 24%. The new addition would increase
the FAR to 28%. The property is allowed a maximum. FAR of 40%. The proposed
project is consistent with all of the prescribed development standards in the Oak Valley
Plaruling District (See Attachment 1). See summary table below:
DIR-2009-04
10928 Svcamore Drive
July 28, 2009
Page 3
LOT
COVERAGE FAR MIN. SIDE
SETBACK MIN. REAR SETBACK HEIGHT
Required 40% 40% 5' ONE SIDE, 10' 25' 28'
by OTHER SIDE,
6-U-97 FIRST FL
Proposed 19% 28% 5' NORTHERN 110.4' FROM REAR 15'-6" AT TOP
SIDE, PROPERTY LINE, (9.5' OF RIDGE
10' SOUTHERN FROM PRIVATE OPEN (FIRST FL
SIDE, SPACE EASEMENT) ADDITION)
FIRST FL
Appellan t
The neighbor whose property immediately abuts the subject property to the north is
appealing the Director of Community Development's decision based on the following
reasons (see Attachment 2):
1. Although the addition is limited to the first floor, the neighbor's property is 7-
feet lower then the subject property. The addition would block scenic views of
the surrounding Cupertino hills, which the appellant believes would decrease
property values, violate their assumption that the views from their property
would be maintained, and violate the open space design principles of the
neighborhood.
2. Concerns that the new chimney along the northern side of the addition would be
a fire hazard to the oak tree immediately adjacent to the chimney, their residence,
and the Rancho Antonio open space.
The project applicant's responses to the appeal comments are provided in Attachment 3.
Staff
The Director of Community Development approved the addition based upon the
following findings:
1. The R1 Ordinance does not protect views from single story projects, and
typically single story projects do not require a planning application. However,
because the project is part of a planned development approval, planning review
is triggered to ensure compatibility of architectural design and consistency of
development standards. The original use permit for the development does not
have any provisions that prohibit an addition as long as the addition met the
development regulations. Consistent with the R1 Ordinance, the original use
permit does not have any provisions that protect views from single story
projects.
2. The design of the addition will be consistent with the existing residence in style,
material(s) and color.
3. The new fire place will be gas burning, and meet all building health and safety
requirements, and planning development regulations.
DIR-2009-04 July 28, 2009
10928 Sycamore Drive Paae 4
ATTACHMENTS
Model Resolutions
Attachment 1: Oak Valley Development Standards
Attachment 2: Appellant's Comment Sheet
Attachment 3: Project Applicant's Responses to Appeal Concerns
Attachment 4: DIR-2009-04 Action Letter
Attachment 5: Use Permit, 6-U-97
Attachment 6: Plan Set, dated May 2009
Prepared by: Leslie Gross, Assistant Planner
Reviewed by:
~~
Gary hao
City Planner
Approved by:
Aarti Shrivastava
Community Development Director
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0.6561
OF THE PLANNING COMMISSION OF THE CITY OF CUl'ERTINO RECOMMENDING TO
UPHOLD AN APPEAL AND APPROVE THE APPLICATION WITH MODIFICATIONS OF
THE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL OF A DIRECTOR'S MINOR
MODIFICATION FORA 562 SQUARE FOOT ADDITION AT 10928 SYCAMORE DRIVE IN
THE OAK VALLEY PLANNED DEVELOPMENT DISTRICT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an appeal to deny the
approval of a Director's Minor Modification application, as described in Section II of this
Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the Planning Commission finds the following with regards to visual impacts:
1. Adverse visual impacts on adjoining properties have been reasonably mitigated in
that the chimney was removed from the rear addition.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the appeal of the Director's Minor Modification is upheld, and is hereby
recommended for approval with modifications, subject to the conditions which are enumerated
in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are
based and contained in the public hearing record concerning Application No. DIR-2009-04 as
set forth in the Minutes of the Planning Commission Meeting of July 28, 2009, and are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.: DIR-2009-04
Applicant: Daryl Harris (Hong Residence)
Location: 10928 Sycamore Drive
Resolution No. DIR-2009-04 July 28, 2009
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on submitted plan set entitled, "A Proposed Remodel & Addition
For: Roy & Andrea Hong"" consisting of 4 pages, dated May 20, 2009, except as may be
amended by conditions contained within. Colors may vary as long as it is a closely
related color and does not exceed the light reflectivity value requirements stated in Use
Permit 6-U-97's Design Guidelines.
2. REMOVAL OF CHIMNEY
The chimney located along the north side of the residential addition shall be removed.
The interior fireplace may remain.
3. GREEN BUILDING MEASURES
The City recommends that the applicant incorporate green building measures into the
project. The green building measures may include but not be limited to: low VOC
paints, maximizing recycled building materials, solar efficiency/energy, energy efficient
windows/ appliances/ mechanical equipments, maximizing onsite water retention, and
draught tolerant and pest resistant landscaping.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of
the amount of such fees, and a description of the dedications, reservations, and other
exactions. You are hereby further notified that the 90-day approval period in which
you may protest these fees, dedications, reservations, and other exactions, pursuant to
Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-
day period complying with all of the requirements of Section 66020, you will be legally
barred from later challenging such exactions.
PASSED AND APROVED this 28th day of July 2009, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Giefer, Vice Chair Brophy, Miller, Kaneda, Lee
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/ s/ Aarti Shrivastava
Aarti Shrivastava
Director of Community Development
/s/Lisa Giefer
Lisa Giefer, Chair
Planning Commission
G: I P[ann ingl PDREPORTI RES120091DIR-2009-04. doc