21. R1-20 ordinance 07-2011
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City of Cupertino.
10300 Torre Avenue
Cupertino, CA 95014
(408) 777~3308
Fax: (408) 777-3333
CITY 0
CU PEI(fINO
Community Development
Department
SUMMARY
Agenda Item No. Jl
Agenda Date: October 2, 2007
APPLICATION SUMMARY:
Conduct the second reading of Or4IDance No. 07-2011: II An Ordinance of the Cupertino
City Council Amending Chapter 19.28.050 of the Municipal Code, Single Family
Residential Zones (R-1), Regarding R1-20 Zoned Properties Generally Located S01,lth of
the Linda Vista Drive, South and West of the Santa Teresa and Terrace Drive, West of
Terra Bella Drive and North of Lindy Lane."
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RECOMMENDATION
Conduct a second reading of the Ordinance No. 07-2011.
Staff has received suggested changes from the Lindy Knoll property owners (see
discussion below). If the Council finds merit in the changes, you should direct staff to
initiate a re-notification of the neighborhood to infor,m them of the latest changes and
schedule another first reading of the Ordinance. This item should be continued one
month to allow the time for the re-notification and scheduling.
BACKGROUND
On September 18, 2007, the City Council held a public hearing and discussed. the
applicability of the hillside standards to properties located in the Cupertino foothills
that are cmrently zoned Single Family Residential (R1). The Council performed a first
reading to amend the R1 Ordinance Section 19.28.050 C1 to exclude all R1-10 toe-of-
slope properties and added language to clarify hillside standards relating to house size, .
. second story, fencing, retaining w~ and tree protection affecting 16 Rl-20 hillside
properties.
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LATEST PROPOSAL FROM LINDY KNOLL RESIDENTS
Staff has received an email from Mark Santoro representing the North Lindy Lane
neighbors with the latest suggested changes to ~e R1 hillside standards subsequent to
the Council's first reading of the R1 hillside ordinance amendment. Their suggestions
are summarized as follows:
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MCA-2oo7-01
September 18, 2007
Page 2
Tree Protection
The Director of Community Development may permit up to one (1) tree (less than 18
inches in diameter) removal, if the tree is located on an existing building pad.. One (1)
additional tree removal is permitted for every 8,000 square feet of lot area. Any
additional tree removal requires approval of the Planning Commission.
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The Council previously allowed up to two trees to be removed.
House Size
Buildings or additions located off the flat pad exceeding slope of 10% and producing
the following square footage sha~ require approval from the Planning Commission:
5,000 square feet (for lots less than 1 acre m area)
6,500 square feet (for lots that are 1 acre or more in area)
The Council previou,sly decided that buildings over 4,500 square feet in both of the
above circumstance would require Planning Commission approval unless if located on
flat pad.
Prepared by: Gary Chao, Senior Planner
Approved by:
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Steve Piasecki
Director, Community Development
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David W. Knapp rf7
City Manager
Enclosure:
Council Ordinance No. 07-20111
Email from Mark Santoro, September 25, 2007
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ORDINANCE NO. 07-2011
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING
CHAPTER 19.28.050 OF THE MUNICIPAL CODE, SINGLE FAl\lILY
RESIDENTIAL ZONES (R-1), REGARDING Rl-20 ZONED PROPERTIES
GENERALLY LOCATED SOUTH OF THE LINDA VISTA DRIVE, SOUTH
AND WEST OF THE SANTA TERESA AND TERRACE DRIVE, WEST OF
TERRA BELLA DRIVE AND NORTH OF LINDY LANE.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS
FOLLOWS:
Chapter 19.28.050 of the Municipal Code of Cupertino is hereby amended to read
as follmvs:
C. Development on Properties with Hillside Characteristics.
1. Buildings proposed on properties generally located south of Linda Vista
Drive, south and 'west of Santa Teresa and Terrace Drive, ,,,rest of Terra
Bella Drive and north of Lindy Lane (see map below) and zoned Rl-20
(Residential Single Family 20,000 square foot minimum lot size)Buildiregs
proposed ore properties 10cJted ,,;\'est of tl:e 10~~ hillside slope line J.S
defir..ed ire tl....e Cupertino CCl....erJI PbI'.., thJ.t hn';e Jr.. J';erJge slope equJI to
or greJtG' tl....;:u.... fitteCl.... percel....t shall be developed in accordance with the
site dC';c1opn....er..t :tr..d desigI.... stJl....dJrds specified il.... SectiOl....s 19.10.050
through 19.10.110 oftl....e ResidentiJ.I Hillside ordil....:tnce;Cl....Jpter 19.10, or
the R1 zonil....g ordil....;:u--..ce, ChJpter 19.'18, whicl....e';er specific regubtiOl.... is
n....ore restricth'C. followil1g site development standards:
Affected Rl-20 Zoned Properties:
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The affected properties are de~i~ted with cross hatchinss.
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a. Site Grading.
i. All site fP"adingshall be limited to a cumulative total of two
thousand five hundred cubic yards, cut plus fill. The two
thousand five hundred cubic yards includes fP"ading for the ,
building pad, yard areas, driveway and all other areas requiring
grading, but does,not include basements. The fP"aded area shall
be limited to the buildinS pad area to the fP"eatest extent
possible. Grading quantities for multiple driveways shall be
divided equally among the participating lots. e.g., two lots
sharinS a driveway will divide the driveway fP"adirig quantity in
half. The divided share will be charsed asainst the grading
quantity allowed for that lot development. A maximum of two
thousand square feet of flat yard area, excludins driveways,
may be graded.
n. All cut and fill areas shall be rounded to follow the natural
contours and planted with landscapins which meets the
requirements in Section 19.40.05OG.
ill. A licensed landscape architect shall review gradinS plans and,
in consultation with the applicant and the City Ensineer, shall
submit a plan to prevent soil erosion and to screen cut and fill
slopes.
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iv. If the flat yard area (excludins driveways) .exceeds 2,000 square
feet or the cut plus fill of the site exceeds 2.500 cubic yards, the
applicant shall be required to obtain a Site and Architectural
approval from the Planning Commission.
b. Floor Area.
i. The maximum. floor area ratio shall be forty-five percent of the
net lot area for development proposed on the existing flat pad
portion, defined as pad areas equal to or less than 10% slope, of
any lot.
Formula: A = 0.45 B: where A = maximum. allowable house
size and B = net lot area.
ii. Buildings or adqitions located off of the flat pad exceedins -....J
slopes of 10% and producins floor area exceedins 4.500 square
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feet of total house size, require approval from the Planning
Commission in accordance with Chapter 19.134 of the
Cupertino Municipal Code.
ill. Additions within an existing building envelope are permitted
provided that the total FAR of the existing building and
addition does not exceed 45%.
c. Second Floor Area and Balcony
The second floor and balcony review process shall be consistent
with the requirements from the Residential Hillside Zoning District
(Chapter 19.40). The amount of second floor area is not limited
provided the total floor area does not exceed the allowed floor area
ratio.
d. ~etaining Wall Screening.
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Retaining walls in excess of five feet shall be screened with
landscape materials or faced with decorative materials such as
split-faced block, river rock or similar materials subject to the
approval of the Director of Community Development.
e. Fencing.
1. Solid board fencing shall be limited to a five thousand square
foot site area (excluding the principal building).
ii. Open fencing (composed of materials which result in a
minimum of seventy-five percent visual transparency) shall be
unrestricted except that such fencing over three feet in height
may not be constructed within the front yard setback. (Ord.
1634, (part), 1993)
f. Tree Protection.
Up to two protected trees with a diameter less than 18 inches may be
removed to accommodate a building pad subject to.approval of the
Director of Community Development. Removal of protected trees
exceeding 18 inches or removal of more than two protected trees
requires approval of a tree removal permit by the Planning
Commission in accordance with the Tree Ordinance.
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2.
No structure or improvements shall occur on slopes of thirty percent or
greater unless an exception is granted in accordance with Section
19.40.140, unless no more than five hundred square feet of development,
including grading and structures, occurs on an area with a slope of thirty
percent or greater. (Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord.
1860, S 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1635, S 1 (part), 1993;
Ord. 1601, Exh. A (part), 192)
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3. Applications that do not meet the requirements of this chapter may
request Site and Architectural approval from the Planning Commission
following a publicly noticed public hearing.
D. An application for building permits filed and accepted by the Community
Development Department (fees paid and permit number issued) on or
before :March I, 2005 (October 2, 2007) may proceed with application
processing under the ordinances in effect at that time.
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Ordinance No. 07-2011
L- Publication Clause
)
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation, published and circulated in the City within 15 days
after its adoption, in accordance with Government Code Section 36933, and shall certify
to the adoption of this ordinance and shall cause this ordinance and her certification,
together with proof of publication, to be entered in the Book of Ordinances of the Council
of this City.
INTRODUCED at a regular. meeting of the City ~ounci1 of the City of Cupertino
the 18th day of September 2007 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 2nd day of October 2007, by the following vote:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
APPROVED:
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City Clerk
Mayorl City of Cupertino
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~ Chao
From:
Sent:
To:
Cc:
Subject:
Mark Santoro [marklovesfishing@yahoo.com]
Tuesday, September 25, 2007 11 :09 PM
Steve Piasecki; Mark Santoro
Gary Chao
RE: 15% RHS overlay requested compromise language
J
Steve, Thanks for the heads up. Following is a copy of what I sent you. Please let me
know if you got this one.
Thanks
Mark
Steve,
Thanks for your help on this. I just want to see it end. After a lot of arm twisting as
we discussed below are the changes that will get folks to walk away grumpy, but at least
walk away. I also think they are more fair.
Mark
Trees:
No Specimen trees shall be removed except under the following conditions:
If trees are in the way ofa proposed structure staff, with the director's approval, may
allow for the removal of up to one tree per 8,OOOsf of lot if they are less than 188 in
diameter. (example: 7Ksf gets one tree, 9Ksf gets 2 trees, 17Kaf gets 3 trees, etc.).
Additional tree removal requires approval of the Planning Commission.
NOTE: Another way to say the above tree stuff is you get one tree, then an addition tree~'
for every 8Kaf.
Size: Change the 4500sf Planning Commission trigger for houses proposed on slopes greater
than 10% to the
following:
For lots less than 1 acre 5000sf trigger.
For lots 1 acre or over 6500sf trigger.
I think the above sizes are more in line with the RHS sizes. For example; a 30Ksf lot
gets 5700sf, before slope adjust. With a 15% slope RHS would be 5275, which is bigger the
proposed 5Ksf.
--- Steve Piasecki <SteveP@cupertino.org> wrote:
>
> Mark,
>
> Just a heads up that I did not receive an email from you with the
> suggested changes. Perhaps it got caught in our filter. Anyway,
> please resend it tomorrow (wednesday) so we can advise the council of
> your thoughts.
----/
>
> Thanks,
>
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Yahoo! Mail - marklovesfisbing@yaboo.com
http://us.f'304.mail.yahoo.comIymlShowLetter?box=Inbox&MsgId=.
YAHoOf~; M~!!ic
D8te: Tue, 2 oct 200115:07:02 -0700 (PDT)
........: -Maft( Santoro- <marlclovesllshlngehoo.com>
Print - Close \Mndow
eXHIBIT
SUbject: lSC1f>> RHS overtav I'eqllestled compromise language changes
cc: -Mark santoro" <martdovesftshlngC.com>
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Mo (~ Sa t1.io fa
To: "Steve Plasedd" <StevePOcupertIn.org>, "Gary amo" <GaryCOcuperUno.org>
steve and Gaxy,
JlJst: to be clear, the gxoup still van1:8 to be Rl like
everyone else.
After working out 8CIlB detailed language with Guy
Chao, aad t:alking with the group bem is wba1: 1:
pnlp088:
!I.'be COUDCil can reBlOV8 the II8Ctioaa t:hat are .u:e
testrictbe 1:ban RBS, or if they cboo8e to laaw in
tbo8e sectionB 1: would rec-- .-ad chaDging the tree
protection section. (language below)
Cbange the size trigger for going to the Planning
ec..ission. (language belOW)
'l'banJcs
Mark
Propo8ed DeW language:
Repl.ace Ile(:tion f. '1'J:8e protection, with:
f. '1'J:8e Protection
'l'b8 Director of ~".ity Develop8lt ay pead.t the
reaoval of up to one (1) tree (lee. 1:ban 18 iDcbe8 in
~). ODe (1) additioMl tree nmoval is
pemitbiMf for every 8,000 square feet of net lot area.
Any addi'tional tree reaoval requires appmval of 1:he
Planning CcIIIIiasion.
Replace 88Ct.ion b. Ploor Area, section U with:
li. .... }~"1\9B or addi'tioJuJ loca1:ed off the flat ped
ellC88di~ slopes of 101 aoa p:aducing floor area
ratios exceeding the fo1lowin9 fODUl.a ~ xequire
approval fraa the PIAnn;ng ea.iuion:
PoDaJla: 251 fQr the first 20,000sf of net lot area
and 101 t:ber:e after
1 of 1
10lJJ(YT 3:08 pt.
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Replace section f. Tree protection, with:
f. Tree Protection
The Director of Community Development may
permit the removal of up to one (1) tree (less
than 18 inches in diameter). One (1) additional
tree removal is permitted for every 8,000 square
feet of net lot area. Any additional tree removal
requires approval of the Planning Commission.
Replace section b. Floor Area, section ii with:
n. Buildings or additions located off the flat pad
(slopes greater than 10%) with house size
exceeding the following formula shall require
approval from the Planning Cottunission:
Formula: 25% for the frrst 20,000sf of net
lot area and 10% for the remaining lot area
there after