101-Staff Report.pdf
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
CUPERTINO, CA 95014-3255
(408) 777--planning@cupertino.org
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3 Agenda Date: June 14, 2011
Applications:TM-2011-01, U-2011-05, ASA-2011-06, EXC-2011-06
Applicant:Chris Weaver (Habitat for Humanity)
Owner:Habitat for Humanity Silicon Valley
Location:Terminus of Cleo Avenue (APN 362-31-004)
APPLICATION SUMMARY:
1.Tentative Map (TM-2011-01) to allow the subdivision of 0.3 acre into four lots and two
common area lots for a single family residential development,
2.Use Permit (U-2011-05) to allow the development of four single-family residences on 0.3
acre,
3.Architectural and Site Approval (ASA-2011-06) for four, 2-story single-family dwellings on
0.3 acre,
4.Parking Exception (EXC-2011-06) to allow a parking ratio of two open stalls per dwelling, in
lieu of the required 2.8 stalls (garage and open) per dwelling, for a small lot, single-family
residential development.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of TM-2011-01, U-2011-
05, ASA-2011-06 and EXC-2011-06 in accordance with the model resolutions (Attachments 1 - 4).
PROJECT DATA:
General Plan Land Use Designation
Medium Density Residential (10-20 dwellings
per acre)
Zoning Designation
P(Res) – Planned Residential Development
Environmental Assessment
CategoricallyExempt
Lot Size
13,212 square feet, 0.3 acre
Existing Land Use
Vacant
Proposed Land Use
Single-Family Residential
Proposed Residential Density
13.33 dwellings/acre
Proposed Parking
8 spaces
Required Parking (2.8/dwelling)
8 garage spaces+4open spaces=12 spaces
Building Height
2 stories, 26 feet
ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011
Private Lots Common Area
Lots
Lot Designation1 23 4 A B
Lot Size (sq. ft.)
1,483 1,633 1,511 1,394 5,134 2,057
Dwelling Plan #
1 22 1 --
Dwelling Size (sq. ft.)
1,009 972972 1,009 None None
Total Floor Area Ratio
30%
BACKGROUND:
Surrounding Land Uses
The applicant, Habitat for Humanity, proposes to develop a 4-unit, small lot single-family
residential development on a vacant, triangular-shaped lot on the south side of Cleo Avenue at
its terminus. The project site is surrounded by vacant land and Highway 85 on the north and
east sides, townhouses on the south side and a single-family residence to the west.
Applicant
The applicant, Habitat for Humanity, Silicon Valley, was founded in 1986 as an independent
affiliate of Habitat for Humanity International. Their mission is to work with the community to
provide families with low incomes the opportunity to build and own their own homes. To this
end, Habitat works in partnership with affordable housing providers and advocates,
eliminating substandard living conditions. Last year, Habitat Silicon Valley completed
th
construction of its 50 home built with volunteer labor.
Land Acquisition Process
In August 2005, the City acquired the excess property on Cleo Avenue from the California
Department of Transportation (Caltrans) for $615,000 for development of an affordable housing
project. The City used Housing Mitigation fees for the purchase of the property.
In December 2007, City Council agreed to transfer the property to Habitat for Humanity Silicon
Valley for the construction of four single family homes for low to very low income Cupertino
households. The City rezoned the property from Multi-Family Residential (R3) to Planned
Development Residential - P (Res) in March 2008. Also in 2008, the City set-aside an additional
$250,932 in Community Development Block Grant (CDBG) funding to be used for development
costs. This loan is to cover predevelopment costs such as architecture, NEPA/CEQA
preparation, civil engineering costs, etc. The loan is made at a below market interest rate with
the developer and carries favorable repayment terms. The loan term is usually 55 years or
more. However, if the homes ever cease to be affordable, then the loan becomes immediately
due and payable to the City.
Neighborhood Outreach
Habitat for Humanity has held two neighborhood meetings on November 6, 2008 and June 2,
2011 to familiarize its neighbors within a 300-foot radius with the details of the project.
Noticing of the hearing was placed in the Cupertino Courier and mailed to property owners
within a 300-foot radius.
ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011
Residents attending the neighborhood meetings had several questions (staff responses are in
Italic below):
1)Is there a screening process for the potential buyers of the proposed homes?
Yes, Habitat for Humanity screens all potential buyers who must:
a) Meet certain income limitations,
b)Currently live or work in Cupertino,
c)Must contribute a certain amount of labor to build the homes,
d)Agree to take classes in home ownership.
Habitat for Humanity will be available at the hearing to answer other questions you may have about
their buyer screening.
2)How will the common areas be maintained?
Habitat for Humanity will require owners to record a maintenance agreement for the common areas
and pay regularly into a fund to pay for landscape maintenance services.
3)The exterior building setbacks seem small. How will privacy of adjacent properties be
protected?
Homes on Lots #1 & #4 were redesigned with high-sill, second floor windows facing adjacent
properties to avoid privacy view impacts since there is not adequate space for privacy planting in the
side yards. The Lot #3 home has privacy trees, which are depicted on the plan set.
DISCUSSION:
Site & Building Design
The site is accessed by a 20-foot wide driveway leading to an eight (8) car open parking lot.
Behind the parking, toward the rear of the lot, four small, 2-story wood frame single-family
residences are proposed to be clustered around a pedestrian pathway that connects the parking
lot at one end to a community garden/play area at the other end. The development area of the
property is constrained by a 17.5-foot wide existing storm drain and proposed sanitary sewer
easement area on the east side of the property.
The proposed side and front building setbacks range from 4 to 5 feet, while the rear setback is a
minimum of 10 feet to 21 feet. Houses are proposed to have composition roofs and Hardie lap
siding. For architectural interest, each house has a one story porch and wooden awning feature
over a door and window.Please see the plan set (attachment 5) for the detailed drawings.
Privacy Protection
The development will have views into the residential property to the west and possible views to
the properties to the south,which are separated from the project site by a 1 ½ story masonry
wall topped by 3-feet of lattice work. To address potential privacy concerns, the Plan 1 homes
on Lots 1 & 4 were redesigned with high sill windows facing toward the abutting properties.
The Plan 2 home on Lot 3 is proposing privacy trees next to the existing townhouses.
Parking Exception
The applicant requests a parking exception to reduce the parking requirements for the project
from 2.8 stalls per unit (12 stalls: 8 enclosed/4 open) down to 2.0 parking stalls per dwelling (8
open stalls). The Planning Commission may grant a parking exception contingent on making
ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011
the following findings. Staff believes the findings can be made and recommends approval of
the parking exceptions (staff comments are in italics after each listed finding):
Parking Exception Findings
a.The literal enforcement of this chapter will result in restrictions inconsistent with the spirit
and intent of this chapter.
The intent of the parking ordinance is to regulate parking of vehicles which are unsightly, oversized or
which are detrimental to property valuesor the peace and enjoyment of neighboring property owners
or residents, and provide adequate amounts of parking for various land use activities. Staff believes
parking will be adequate for the proposed units at 2.0 spaces per unit for the following reasons: 1) The
lots and dwellings are small, about 1,500 square foot lots and 1,000 square foot homes with just 2
bedrooms and 1.5 baths. There is practically no expansion potential for these homes; 2) All of the
parking is open and cannot be converted to storage as might happen in a garage, so there will not be
the potential of any further reduction in parking supply; and Habitat for Humanity’s development
experience with small-size home projects indicates that two parking spaces per dwelling is an adequate
parking ratio for smaller-size homes.
b.The granting of the exception will not be injurious to property or improvements in the area
nor be detrimental to the public safety, health and welfare.
Presently the proposed parking lot is set back a minimum of 30 feet from the property line and
screened from the neighborhood by a minimum 6-foot wooden fence. Further, since the site planning
is severely constrained on the property, any additional parking will remove landscaped areas and
potentially make the parking lot more visible to Cleo Avenue.
c.The exception to be granted is one that will require the least modification and the minimum
varianceto accomplish the purpose.
The exception request amounts to a difference of only four stalls for four houses.
d.The proposed exception will not result in significant impacts to neighboring properties.
The project has little potential for increased parking demand and the requested exception amounts to
only four parking stalls, periodic additional demands by guests of residents can be accommodated by
available street parking in the cul-de-sac.
Other Departments’ Review
The City’s Public Works Department, Building Division, the Santa Clara County Fire
Department, and the Cupertino Sanitary District reviewed the project and have no objections to
the project. Their pre-hearing comments have been incorporated as conditions of approval or
project modifications.
Environmental Assessment
The project is categorically exempt from the California Environmental Quality Act (CEQA) and
National Evironmental Policy Act (NEPA). The project was determined to be categorically
exempt from NEPA by the Director of Community Development on April 22, 2011. Under
CEQA the project is exempt under Section 15332: In-Fill Development Projects. Projects
considered under this category must meet the following conditions: a) consistent with general
plan and zoning; b) within City limits, parcel under 5 acres and substantially surrounded by
ASA-2011-06, EXC-2011-06, TM-2011-01, U-2011-05 - Cleo Housing June 14, 2011
development; c) property has no value as habitat for endangered, rare or threatened species; d)
site is adequately served by all required utilities and public services and e) approval of project
would not result in any significant effects related to traffic, noise, air quality, or water quality.
Construction measures will beincorporated in the housing to ameliorate interior noise to
acceptable levels.
Prepared by: Colin Jung, AICP Senior Planner
Vera Gil, Senior Planner
Reviewed by: Approved by:
/s/Gary Chao /s/Aarti Shrivastava
Gary Chao Aarti Shrivastava
City Planner Community Development Director
ATTACHMENTS:
1. TM-2011-01 Resolution
2: U-2011-05 Resolution
3: ASA-2011-06 Resolution
4: EXC-2011-06 Resolution
5: Plan Set