108-G. CC Staff Report dated 1/4/11.pdf3J
UPERTiNO
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 , wm.cuperfino.org
CITY COUNCIL STAFF REPORT
Meeting: January 4, 2011
Attachment G
SubleCt
Appeal of a Director's Approval to allow a paved parking stall in the front yard of an existing
duplex.
Recommended Action
Uphold appeal (See Attachment A. Planning Commission Resolution No. 6619)
Description
Application: DIR-2010-30 Appeal
Applicant: Linda Shen -Jung (GLSAA, LLC)
Appellant: Erwin Wolf
Location: 965-967 Miller Avenue, APN 369-19-052
Application Summary: Appeal of Director's Minor Modification to allow paving in the front
yard of an existing duplex for the purpose of a parking space.
Discussion
Background
On September 23, 2010, the Director of Community Development approved a Director's Minor
Modification to allow the replacement of an 11 foot by 17 foot turf area with pervious stone
pavers in the front setback for parking purposes for an existing duplex (Attachment B). The
approval was appealed on October 5, 2010 by Mr. Erwin Wolf who owns the adjacent duplex to
the north (957-959 Miller Avenue — see Attachment Q. His duplex shares a common driveway
with the applicant's duplex.
According to the applicant, the paved area will not only provide additional parking on the
property, but will improve maneuverability for residents of both duplexes, allowing vehicles to
enter and exit at the same time, and allow vehicles to turn around and head into traffic.
Planning Commission
On December 14, 2010, the Planning Commission heard the appeal and recommended that the
Council uphold the appeal (i.e., deny the Director's Approval) on a 3-2 vote (Vice -Chair Lee &
Kaneda voting no — see Attachment D). The draft Commission meeting minutes will be
available at the Council hearing. The Planning Commission discussed the following issues at the
hearing:
• The safety (to pedestrians and bicyclists) of having a vehicle parked in the front setback
next to a driveway
• Potentially modifying the size and the orientation of the paved area relative to its
functions as a parking stall and as a vehicle turnout and turnaround
• The necessity of having a vehicle turnaround since one already exists at the garages
• The necessity of having an additional parking stall since there is available street parking
• The precedent, and desirability of allowing parking/paving in the landscaped front setback
of this duplex
The dissenting Commissioners who did not support the appeal felt that parking in the front
setback did not pose a significant safety risk because:
• There were numerous other duplexes on Miller with front setback parking.
• There were numerous examples of front setback landscaping that obstructs motorist's
views of the sidewalk.
• There are no reported accidents of motorists backing into pedestrians or bicyclists.
• Any remaining risk could be avoided by redesigning and reorienting the paved area.
Appellant Concerns
The concerns and comments expressed by the appellant are summarized below (Responses are
provided in italics):
+ Safety — It is difficult to exit driveway into busy Miller Avenue, especially for elderly
tenants. - With the proposed change and a car parked in the space, it is impossible to see the
sidewalk foot and bicycle traffic. Accidents will happen.
Response: There are numerous duplexes on Miller Avenue with parking in the front setback
area. There have been no reports of vehicular/pedestrian/bicyclist accidents in this area
because of vehicle parking in the front setback Having a car parked at the proposed area is
no different from the cars parked on the numerous driveways in front of other existing
duplexes in the immediate neighborhood.
+ Proposed parking does not belong in setback area without direct access and it degrades the
appearance of the properties.
Response: The duplex design has a larger than normal landscaped front setback. The
parking stall takes up 22% of the landscaped front and has direct access to the driveway.
Parking is not prohibited in the front setback area and the paved area will improve the
maneuverability of vehicles on the lot. Pervious pavers will retain onsite storm water runoff.
Prepared by_ Colin Jung, AICP, Senior Planner
Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Community Development Director
Approved for Submission_ David W. Knapp, City Manager
Attachments:
A. Planning Commission Resolution No. 6619
B: Director's Minor Modification Approval, D1R-2010-30
C. Appeal Petition from Erwin Wolf for DIR-2010-30
D. Planning Commission Staff Report dated November 14, 2010