101-Draft Minutes of 11/07/2011.pdfCITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO PLANNING COMMISSION
DRAFT MINUTES
6:45 P.M. November 7, 2011 MONDAY
CUPERTINO COMMUNITY HALL
The regular Planning Commission meeting of November 7, 2011 was called to order at 6:45 p.m.
in Room 100 (EOC) 10300 Torre Avenue, Cupertino, CA., by Chairperson Winnie Lee.
SALUTE TO THE FLAG
.
ROLL CALL
Commissioners present: Chairperson: Winnie Lee
Vice Chairperson: Marty Miller
Commissioner: Paul Brophy
Commissioner: Clinton Brownley
Commissioner: Don Sun
Staff present: Community Development Director: Aarti Shrivastava
Senior Planner: Colin Jung
APPROVAL OF MINUTES: None
WRITTEN COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS:
Rick Row, Ecology Action, representing Energy Upgrade California:
• Discussed briefly a new state initiative to encourage homeowners to improve the energy
efficiency of their homes. A successful workshop hosted by the City of Cupertino, was held
last week in Cupertino for homeowners to provide information about the program which
includes rebates up to $4,000 from PG&E. The series of the workshops ends tomorrow
evening in Los Altos at 7 p.m.
CONSENT CALENDAR: None
PUBLIC HEARING
1. Z-2011-04, (EA-2011-03) Rezoning application to rezone approximately 0.456 acre
Daryl Fazekas (for Isaac from Agricultural Residential (A1-43) to Single Family
Segal) 1215 Mount Crest Pl. Residential (R1-20) and approximately 0.319 acre from
R1-10 to R1-20. Tentative City Council date: December
20, 2011
Colin Jung, Senior Planner, presented the staff report:
• Reviewed the application for rezoning of approximately 0.456 acre from A1-43 (Agricultural
Cupertino Planning Commission November 7, 2011 2
Residential) to R1-20 (Single-Family Residential) and approximately 0.319 acre from R1-10
(Single-Family Residential) to R1-20 (Single-Family Residential) for property located at 1215
Mount Crest Place, as outlined in the staff report.
• He reviewed an aerial photo showing the location of the property, and a zoning plat map. The
rezoning request is consistent with the General Plan land use designation which is low density
residential (1 to 5 dwelling units per acre); the proposal is to rezone it to R1 which has hillside
development standards, whereas the R1-43 does not. The R1-20 standards are appropriate for
the subject parcel and are consistent with the other neighboring properties on the hill. The
R1-20 standards accommodate the applicant’s desired home addition plan.
• Staff recommends adoption of the Negative Declaration, and recommends approval of the
rezoning in accordance with the draft resolution.
Daryl Fazekas Applicant:
• Said that the house is the current building and sits on both zones, split in the middle, unrelated
to the addition.
Com. Brownley:
• Said he visited the property recently; and commented that all the property along the Mount
Crest Place section is a steep slope. He said he felt the main point of having R1-20 zoning
being able to address lots with slopes and the agricultural zoning not being able to, was an
important point of the property having steep slopes along the roadway; having zoning that
provides regulations and addresses those concerns is important. He also felt it was a good idea
to have consistent zoning across the property and SAID it is important that the ERC
recommend a negative declaration.
Aarti Shrivastava:
• Said the zoning was a legislative action and there was no way to avoid going to the Planning
Commission and City Council.
Chair Lee opened the public hearing.
Neighbor (Name not given):
• Said he received the notice in the mail; and questioned what the homogenous zoning would
do, and what the new owner was trying to accomplish.
Colin Jung:
• Explained that there were building plans on file with the Planning Department, and the
applicant was waiting for the rezoning action to go through. The rezoning would facilitate the
proposed additions shown; the lower half of the property is zoned Agriculture Residential;
there is a 20 foot side yard setback and if it were to change to R1 zoning, the setback could be
as little as 5 feet on one side but the additions themselves are proposed on the flat part of the
property. The applicant proposes to do an interior remodel of the house with a one story
addition and addition of a master bath, as well as the addition of two bedrooms.
Chair Lee closed the public hearing.
Vice Chair Miller:
• Said he supported approval of the application as it was a minor change to the zoning to
accommodate Mr. Segal’s building plans.
Com. Sun:
• Said he did not see any problems and supported the application.
Cupertino Planning Commission November 7, 2011 3
Chair Lee:
• Said she supported the application; Mr. Segal is attempting to get the zoning of his house
under one zoning that complements the other properties and he would also like to make a
minor addition to his house.
Motion: Motion by Com. Brophy, second by Vice Chair Miller, and unanimously carried
5-0-0 to approve Application Z-2011-04 (EA-2011-13)
The Planning Commission recommendation will be forwarded to City Council at a date yet to be
determined.
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION
ENVIRONMENTAL REVIEW COMMITTEE: No Meeting
HOUSING COMMISSION: No meeting
ECONOMIC DEVELOPMENT COMMITTEE: No meeting
MAYOR’S MONTHLY MEETING: No meeting.
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
• Written report submitted.
ADJOURNMENT: The meeting was adjourned to the next regular Planning Commission
meeting scheduled for November 22, 2011 at 6:45 p.m.
Respectfully Submitted: ____/s/Elizabeth Ellis___________________
Elizabeth Ellis, Recording Secretary