The URL can be used to link to this page

Director's Report CITY OF CUPERTINO 10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director Planning Commission Agenda Date: Tuesday, October 9, 2007 The City Council met on October 2, 2007, and discussed the following items of interest to the Planning Commission: 1. Appeal of Applications TM-2007-03 and V-2007-03: The City Council upheld the appeal of the Planning Commission's decision to approve a Tentative Map with flag lots and denial of a variance to permit 50 lot widths at 21871 Dolores Ave in the Monta Vista neighborhood. The council action enables the applicant to subdivide the .46-acre parcel into two side by side 50 foot wide parcels. The Council added requirements for 10 foot side yards at the east and west sides of the property next to existing homes and a requirement to offset the front setback by 10 and incorporate a side loading garage on at least one of the parcels. (see attached report) 2. Appeal of Application RM-2007-14: The City Council denied the appeal of the Planning Commission's decision to approving a second-story rear deck/bakony on a new 1,800 square foot residence at 10484 Byrne Ave. The council agreed with the Planning Commission that the bakony will look onto the adjoining driveway and will not impact the adjoining property as feared by the adjacent property owner. (see attached report) 3. Application Deadline for Commissions and Committees: The City Council selected an application deadline date of January 9, 2008, for commission and committee member positions with terms expiring on January 30, 2008. January 21 and 22, 2008, have been set as dates for candidate interviews. (see attached report) 4. Second Reading of the R1 Ordinance Amendment No. 07-2011: The Council enacted Ordinance No. 07-2011: "An Ordinance of the Cupertino City Council Amending Chapter 19.28.050 of the Municipal Code, Single Family Residential Zones (R-1), Regarding Rl-20 Zoned Properties along Lindy Lane." The council heard additional testimony against the proposal and alternative suggestions for house size and tree removal. (see attached report) Enclosures: Staff Reports Newspaper Articles G: \Planning \ 5 teveP \ Director , s Report \2001\pdlO-09-01.doc Dr2-( .1 CITY OF CUPERJINO 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: October 2, 2007 Application: TM-2007-03, V-2007-03 Applicant: Jitka Cymbal (Westfall Engineers) Owner: Sue-Jane Han Location: 21871 Dolores Avenue APPLICATION SUMMARY Consider an appeal of the Planning Commission's decision to approve a Tentative Map application to subdivide a .46-acre parcel into two parcels, 8,375 square feet and 11,470 square feet respectively and the denial of a variance application for substandard lot widths in a proposed two-lot subdivision. RECOMMENDATION The Council has the options to either: a) Uphold the Planning Commission's decision; or b) Uphold the appeal; or c) Uphold the appeal with modifications. BACKGROUND On January 23,2007, the Planning commission voted (3-1-1, Saadati absent) to deny the proposed project. The Commission was concerned about the side-by-side lot design and felt that the project did not match the flag lot pattern of the immediate neighborhood. Also, the Commission had concerns regarding the requested five foot side yard setback exception. The Commission's decision was appealed to the City CounciL On February 20, 2007, the City Council upheld the Planning Commission's decision on a draw vote (2-2) with one Council member absent. On May 1, 2007, the Council considered and denied the applicant's reconsideration request based on the principle that procedurally they did not want to revisit a decision that was made by the Council with a quorum even if one Council member was absent during the deliberation. Council member(s) suggested that the applicant has the option to reapply and be heard by the full Council if they choose. f)te ,~ File Nos.: TM-2006-12, V-2006-0l Page 2 May I, 2007 Subsequent to the Council meeting, the applicant has reapplied with several changes. The applicant is no longer requesting for a side yard setback exception and has voluntarily agreed to provide at least 10 feet side yard setback along the westerly property line to address neighbor's concerns. On August 28, 2007, the Planning Commission considered the new application and again rejected the side-by-side lot configuration and the lot width variance requests in favor of a flag lot configuration. The applicant is appealing the Planning Commission's decision. PROJECT LOCATION The project site is located on the north side of Dolores Avenue between Byrne Avenue and Orange Avenue. A main residence, two detached cottages and a detached shed currently exist on the parcel. Single- family residential parcels surround the subject site. The proposal is to demolish all of the structures on the property, subdivide into two conventional (side-by-side) lots and build two new single family homes. GENERAL PLAN The General Plan (Policy 2-23) that applies to this project specifies that: "Create flag lots in proposed subdivisions when they are the only reasonable alternative that integrates with the lot pattern in the neighborhood." This policy discourages new flag lots in the interest of promoting better house to street relationships in residential neighborhoods. DISCUSSION There are two primary issues for this project: flat lot versus conventional lot design and the substandard lot widths. Please refer to the Planning Commission staff report (exhibit A) for a detailed discussion on these two issues. Appellant The applicant is appealing the Planning Commission's August 28, 2007 decision based on the following reasons: 1. The proposed side-by-side lot configuration and lot width (50 feet) is consistent is the predominate pattern of the neighborhood. The Planning Commission's decision is not consistent with the City's General Plan in that the proposed side- D.e- ~ File Nos.: TM-2006-12, V-2006-01 Page 3 May I, 2007 by-side lot design and the lot width variance request are reasonable alternatives to a flat lot design. 2. The Planning Commission previously granted approval for a similar side-by-side subdivision request therefore should be consistent Planning Commission On August 28, 2007, the Planning Commission considered and denied the applicant's request for a side-by-side subdivision lot configuration and the substandard lot width request. Instead, the Commission approved the project with the condition that the tentative map shall be revised to reflect a flag lot configuration. The Commissioner's comments are summarized as follows: . The proposed side-by-side lot configuration is no consistent with the immediate neighborhood on Dolores Avenue. . There may be design problems with building massing and dominating garages on the front elevation with the side-by-side lot configuration. . Side-by-side may work if the applicant is willing to consider either limit the house size and/or provide detached garages. Public Input Several neighbors expressed support for a side-by-side lot configuration. One neighbor was concerned about the variance request and felt that a flag lot configuration is more appropriate. 5 tafj Staff previously supported the proposed side-by-side lot configuration and the narrower lot widths primarily because the project is consistent with the intent of the broader City's General Plan. Furthermore, the project is compatible with the overall established pattern of the Monta Vista neighborhood. The may be more flag lots on Dolores Avenue, however the entire neighborhood consists of more narrow side-by- side lots with similar narrow lot widths. There are not many lots left in this neighborhood that will be able to physically permit similar subdivisions in the future, so either way the project will not significantly change the pattern of the neighborhood. Staff is concerned that flag lots will create undesirable building and yard relationships and prohibit appropriate house to street relationships. Visible front door entries and building living areas provide the opportunity for neighbor to neighbor interaction and enhance a sense of community. Staff has attached a list of recommended conditions of approval should the Council decide to uphold the appeal and approve the side-by-side lot configuration and the variance request. Enclosures Planning Commission Resolutions Planning Commission Meeting Minutes from August 28, 2007 Applicant's Appeal Request (with attached materials) pil... 4' .: II,.. JJtr CITY OF CUPEIQ"INO 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: October 2, 2007 Application: RM-2007-14 Applicant: Reza Rafii Location: Byrne Avenue APPLICATION SUMMARY: Consider an appeal of a Planning Commission's decision to approve a Minor Residential Permit for a second-story rear deck on a new 1,794 square foot residence. RECOMMENDATION: The Planning Commission has the following options: 1. Uphold the decision of the Planning Commission; or 2. Uphold the appeal; or 3. Uphold the appeal with modifications. BACKGROUND: On June 21, 2007, the Design Review Committee (DRC) approved a residential design review for a new, two-story 1,794 square foot residence located along the east side of Byrne Avenue close to the corner of Byrne Avenue and McClellan Road. Due to the extraordinary physical constraints of the site, the Committee also approved several exception (R-2007-23) requests to the R1 Ordinance (ground floor side yard setbacks, second floor setback surcharge and the second floor exposed wall rule). In addition, the approval included a Minor Residential Permit for a second story rear facing balcony. On July 10,2007, Mr. Fatekh Vergasov, residing at the rear of the project property, filed for an appeal of the DRC's decision specifically relating to privacy concerns regarding the second story rear yard balcony. On August 28, 2007, the Planning Commission upheld DRC's decision and denied the appeal. Mr. Vergasov is appealing the Planning Commission's decision. APPELLANT: The following is a summary of the appellant's justification for the appealing the Planning Commission's decision: · Existing privacy will be lost due to the proposed second story balcony. · The proposed balcony will have total control over his property. D(l.,,/, June 21, 2007 R-2007-23, RM-2007-14 Page 2 of 2 The appellant provided analysis that compared the proposed balcony to a watch tower having views into his property (see attachment 1 of exhibit A). The appellant also suggested that all of the second story windows should be raised to be higher than five feet in sill height and be obscured from any views. PLANNING. COMMISSION: The Planning Commission took public testimony on this matter and found that the proposed balcony will not have significant negative impact on the adjacent homes. The Commission also determined that any potential privacy issues will be addressed with the required privacy planting and the existing trees along the rear and side property lines. PUBLIC INPUT: One neighbor expressed that she was concerned with the privacy impact from the proposed house to her rear yard and her balcony. STAFF: The Rl Ordinance Section 19.28.090(H) states, 1/ All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit, subject to Section 19.28.090, in order to protect the privacy of adjoining properties. The goal of the permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. This section applies to second-story decks, patios, balconies, or any other similar unenclosed features. " The proposed balcony is modest in size (2 ft. by 7 ft.) and is located 27 feet from the rear property line. Privacy protection trees or shrubs are required to be planted to screen views from the balcony. A covenant will be recorded on the property to ensure this landscaping screening will be maintained and preserved. It is not uncommon for newer two story homes to have second story balconies. It is also not the intent of the Rl Ordinance to have all possible views screened or eliminated, but rather minimized and curtailed. The project is consistent with the intent of the Ordinance and in staff's opinion all privacy concerns have been sufficiently addressed. Please refer to the attached Planning Commission staff report for additional detailed information. Enclosures Plarming Commission Resolutions Plarming Commission Meeting Minutes of August 28, 2007 Appeal Request Exhibit A: Plarming Commission Staff Report, August 28, 2007 (with attachments) Prepared by: Gary Chao, Senior Planner Submitted by: Approved by: Steve Piasecki Director of Community Development David W. Knapp City Manager 2 D~...7 Page 1 of 2 The new Sunnyvale vision As a new Town Center rises, architects and city officials must strive to make the most of this suburban opportunity By Alan Hess Special to the Mercury News San Jose Mercury News Article Launched: 09/30/2007 01:42:23 AM PDT The ill-starred Sunnyvale Town Center is at long last under construction after years of missteps. The delays have been a blessing, though. The ambitious version now being built by Sand Hill Property Co. and RREEF is an improvement over earlier designs. But the master plan presented to the Sunnyvale Planning Commission earlier this month exposes questions about the character of suburbia in 2007. Designed by a team that includes Mountain View's Kenneth Rodrigues & Partners, RTKL Associates (a large national architecture and planning firm), KTGY Group and the Guzzardo Partnership (landscape architects), the plan reflects the latest in suburban renovation projects that mix retail, offices, entertainment and housing "inspired by" traditional downtowns and regional malls. In effect, they've taken Valley Fair, cracked it open, spilled it out into the sunshine over several densely packed city blocks bordered by Mathilda, Washington, Sunnyvale and Iowa avenues, and tossed in some offices arid housing. This concept is seen at its best in San Jose's Santana Row, where one of the distinctive pleasures of the project is its walkability. Santana Row is a small area, but it has a variety of spaces - tall buildings, short buildings, main streets, side streets, small parks. That variety will be as pronounced in the Town Center plan, but there's also an effort to tie the project to its physical and cultural surroundings in Sunnyvale. That includes the historic buildings nearby, and the city's role as the home of high-tech giants and their employees. Poured into this new grid of streets lined with sidewalks and trees will be Macy's, a new Target, smaller retail shops, housing, offices and a cineplex. At its center is an open plaza surrounded by balconies, the project's main opportunity to create a well-scaled gathering area like Santana Row's main park. McKinley Avenue is opened up again through the center as a tree-lined boulevard. Shops line its entry off Mathilda, but one block in, six- story residential buildings face each other across the tree tops. The cineplex is at the far end of McKinley, near Sunnyvale Avenue. Near the corner of Mathilda and Washington, five-story office buildings will cluster close to the existing offices on Mathilda near the railroad track. On the opposite side of the Town Center, low-rise townhouses bring the scale of the development down to match the adjacent residential areas. These large-stroke urban design decisions are intelligent. But are there equal examples of fresh creativeness, as at Santana Row? The danger lies in relying too much on the formulas seen in many of these new commercial developments. Sunnyvale Town Center has some potential advantages to exploit over Santana Row, though. It sits in an existing urbanized area, not on a commercial strip. Bordering it is Murphy Avenue, the remaining fragment of Sunnyvale's old downtown. Nearby is a regional railroad connection. It abuts existing residential and commercial areas. One test of success will be how effectively the project ties historic Murphy Avenue into the center of the action. More important, what in the design says "Sunnyvale"? A good design standard for that is the adjacent Town and Country district north of Washington Avenue, a strong, well-executed, ranch-style retail area that features Spanish red tile roofs and rustic timber columns twinned with vines. The wide, shaded walkways are the perfect response to our hot sunny climate. It may be old, but it is good design that evokes Sunnyvale's orchard era. Unfortunately, Sand Hill proposes to demolish this in a separate phase. The center's new architectural styles are contemporary, but they generally reflect today's generic office and residential architecture. The boldest and most promising move is a glassy pavilion in the shape of an inverted cone at a major focal point on McKinley. It's directly inspired by one of the great historic buildings on site (the ultramodern 1960s-era Bank of the West at the corner of Mathilda and Iowa.) By linking existing architecture with new architecture, the Town Center becomes something that can be found in Sunnyvale and nowhere else. However, the same inspiration has not been taken from the Macy's building that remains from the old mall. Its bunker-like appearance is considered unfashionable today, but its solid palazzo form actually reflects a handsome regional 1970s architecture. Its chiseled design is monumental but well-scaled. The large knife-edge eaves float above a band of dark wood, bringing a human scale to its large, windowless walls. The concrete columns are well modeled. In any true urban district, the integration of existing architecture with the new is a vital ingredient. D~-'b http://www.mercurynews.comlportlet/artic1elhtml/fragments/print_artic1e.j sp ?artic1eld= 7044160&siteld=... 10/3/2007 Page 2of2 The first phase is scheduled to open October 2009, with the extension of Murphy Avenue to follow. The developers, the architects and the city will have to sustain their creativity to the end. As the buildings rise, corner towers may need to be lifted or lowered to make the most of their landmark status. Ornamentation may need to be tuned up or dialed down to strike a balance between the showy trendiness of a mall and the long-lasting qualities of a true urban core. Santana Row also made the most of the possibilities that became apparent as it went up, changing elements even while under construction. That's what raises it above the many other recent new or renovated shopping centers (such as Oakridge, Eastridge and Stanford). Sand Hill Properties has been involved in many commercial centers before, but nothing on this scale and complexity. Architect Ken Rodrigues has been involved in several innovative local commercial projects such as the Main Street Shopping Center at Blossom Hill and Santa Teresa roads, and Sand Hill can tap into that. Will Sunnyvale have the stomach to push Sand Hill for excellence? Frankly, the fate of the Town Center project has been a thorn in the city's civic side for so many years that officials may be simply relieved to see actual construction under way. But if no one pushes, it's a formula for mediocrity - and the project would be another tragic failure of vision for Sunnyvale. Just as the city failed to preserve its original downtown in the 1970s, and just as it accepted a developer's mediocre enclosed mall to replace downtown, the new Sunnyvale Town Center could fall short. It will take a lot to keep history from repeating itself. > ;:-""='_".~_'~"""'--'-',-,...",...:o._.~_'._.......",-'.'," ,..:...=~,,,t.~_ -=-.J;'._ _'.e ~_"",'~':::. ~>=""':'''''''_' '""=,_~,",,"-,.c',._........,,.~-w'O""___ =-<A'-"- ..-_.....:._,."'--=.'--'-.7~=-:-~=---'''-'-.r. ,- '-"", .-_---"--'_-+~ .~_""'...'="....."-='" _~ ''''''''-'~'-'~'._ "- ~-_"=..."....... .. .r;"."-_=,.."'''''",,,"_.'..,-, ,,, ~-.C:=""< _ ;:;-.-'1'--. _~""__.,."""" ~.'" .i....T.''--'L.'" ....'.- "';"', ';:..c.;:' ""'" =";';:-'-":"_'~.J..~--" __,,,,',,,_~_ Contact Alan Hess at alhess@aol.com. .. ;it' .'. SiVwH;jC'~"-'. ~~l.'JJ!~~(> "'f !'>;"if,'I,' erlalfTn!.J;1ni1I~r~:"i.r f.;"'/J?';;;;'i-~-,Mlfj~1'~,~~;.j;1r>jl~'i'__7t~t,,_ .. ~-q http://www.mercurynews.comlportletlartic1e/html/fragments/print_artic1e.j sp ?artic1eld= 7044160&siteld=... 10/3/2007 OFFICE OF THE CITY CLERK CUPERTINO CllY HALL 10300 TORRE AVENUE. CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 · FAX: (408) 777-3366 Summary Agenda Item No. 11 Meeting Date: October 2. 2007 SUBJECT AND ISSUE Receive a report on commissions and committees with tenus expiring January 30, 2008, and select all application deadline date ofJ anuary 9 and interview dates of January 21 and 22. C01\1MISSION VACANCIES The Cupertino City Council appoints members to 12 advisory commissions and committees. For most of these, members serve staggered, four-year terms with a two-term limit. If a person is appointed to fill an unscheduled vacancy for a term that is less than two years, that partial term is not coooted against the term limit. Recruitment, appointment, and reappointment are governed by Resolution No. 07-129, and Government Code section 54970. The Teen Commission is governed by City Council Resolution No. 05-095 and follows a different appointment schedule and structure. Vacancies will be announced in October in the local news media, posted at City Hall and the Library, and included in the Cupertino Scene and the City's web site. Notices are also mailed to CERT graduates, Leadership Cupertino graduates, Neighborhood Block Leaders, the Chamber of Commerce, service organizations, and other interested parties. Commissioners who have expired terms and are eligible for reappointment are notified. The attached list describes all the commissions and committees, and lists the names of incumbents whose terms are ending in January 2008. Applicants may apply for up to two commissions and each applicant is interviewed for his or her preferred commission(s). 19 -1 J::)R-JO OFFICE OF THE CITY CLERK CUPERTINO CITY HALL 10300 TORRE AVENUE' CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223' FAX: (408) 777-3366 CITY OF CUPERTINO APPOINTMENTS LIST AND NOTICE OF VACANCIES 2008 Notice is hereby given that residents are encouraged to apply fOf positions on City commissions and committees that will have vacancies in January of 2008. The application deadline is 5:30 p.m. on Wednesday, January 9. 2008. Council will conduct interviews beginning at 6:00 p.m. on Monday and Tuesday, January 21 and 22. (Applications for a current Plaiming Commission vacancy are due on Tuesday, October 9,2007 and interviews will be held on Tuesday, October 16 beginning at 5:30 p.m.). Commissioners are interViewed and appointed by the City Council, and may serve a total of two consecutive 4-year terms. (The Teen Commission has a different term structure). If a person. is appointed to fill an unscheduled vacancy that is less than two years, that partial term is not counted against the term limit. All meetings are open to the public. For more information Of to apply for a commission, contact the City Clerk's Office at 777-3223, or visit the city website at www.cupe1iino.org. Audit Committee - 2 vacancies Garrett Wade served from Jan. '04 to Jan. '08 - eligible for reappointment Myoung Kang served from Jan. '04 to Jan. '08 - eligible for reappointment The Committee consists of four or five members serving four-year terms. . Two individuals are . members of City Council, and a minimum of two and a maximum of three are representatives from Cupertino businesses. The business representatives shall not be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Committee, the City Manager or staff person assigned to the Committee. An Audit Committee at large member is not required to be a Cupertino resident, but the City Council may give priority to individuals who have substantial. accounting or investment experience, preferably in cOlmection with a governmental agency. The powers and functions of the Audit Committee shall be as follows: A. Review the annual audit report and management letter; B. Recornniend appointment of auditors; C. Review the monthly Treasurer's report; D. Recommend a budget format; and E. Review City investment policies and internal controls of such policies. Meetings are held as needed in January, April, July, and October on the 2nd Thursday ofthe month at 4:00 p.m. at City Hall in Conference Room A. For more information, call staff liaison Carol Atwood at (408) 777-3220. . 19 - 3 Of<~ I~ Bicycle Pedestrian Commission - No vacancies The Commission consists of five members appointed by the council to four-year overlapping terms. None shall be officials or employees of the .City nor cohabit wit~ as defined by law, nor be related by blood or marriage to, any member of the committee, the City Manager or the staff person or persons assigned to the Commission. All members shall be City of Cupertino residents. The function of the Commission is to review, monitor and suggest recommendations for City transportation matters including, but not limited to bicycle and pedestrian traffic, parking, education and recreation within Cupertino. Meetings are held monthly on the third. Wednesday at 7 p.m. in City Hall, Conference Room A. For more information, call staffliaison"David Stillman at (408) 777-3249. Community Development Block Grant (CDBG) Steerin2 Committee - 2 vacancies James Cai served from Jan. '04 to Jan. '08 - eligible for reappointment (Garden Gate) Vacant partial term position ending Jan. ' 11 (Citywide) - would count as a full term The Steering Committee is the lead citizen participation group in the planning and programming process of the CDBG. program. The Steering Committee is involved in the entire CDBG and consolidated planning process. Three members must represent low and moderate-income areas (Rancho Rinconada and Garden Gate), and one member is a citywide representative. The other five members consist of the Housing Commission members. Its specific responsibilities are: a. To advise the City Administration and the City Council in the development of the Consoliq.ated Plan and its related programs. b. To conduct public meetings on the development ofthe Plan and its programs, and to review and evaluate proposals from the community based organizations. c. To assist the City Council in conducting public hearings on the Plan and its programs. The CDBG Steering Committee meets as needed at 9:00 a.m., the second Thursday of the month at City Hall, Conference Room C. For more information, call staff liaison Vera Gil at (408) 777-3308. Fine Arts Commission - No vacancies The Cormnission consists of five members appointed by Council for four-year terms. None of the members shall be employees or officials of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or staff person assigned to the Commission. At least three shall be Cupertino residents. The powers and functions of the Fine Arts Commission are to foster, encourage and assist the realization, preservation and advancement of the fine arts for the benefit of the community. The Fine Arts Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held bi-monthly on the 4th Tuesday of even-numbered months at 7:00 p.m. in City Hall, Conference Room A. For more information, contact staff liaison Kimberly Smith at (408) 777-3217. 19 -4 DR- 10 Housin2 Commission - 2 vacancies Kim Mosleh served from Jan. '04 to Jan. '08 - eligible for reappointment Vacant full term position (Business Representative) The Cupertino Housing Commission consists of five members appointed by the council to four-year terms.. One must be a representative from a Cupertino financial institution and another from a Cupertino business. Housing Commission members who are representatives of a financial institution or a business are not required to be Cupertino residents, but the financial institution and the business represented must be located in Cupertino. The two. community members and the City's appointed representative to the Santa Clara County CDBG Citizens Advisory Committee must be residents of Cupertino. The committee assists in developing housing policies and strategies, recommends policies for implementation and monitoring of affordable housing projects, helps identify sources of funding for affordable housing and other advisory functions authorized by the City Council. The Cupertino Housing Committee falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held at 9:00 a.m., the second Thursday of the month at City Hall, Conference Room C. For more information, call staff liaison Vera Gil at (408) 777-3308. Librarv Commission - No vacancies The commission consists of five members appointed by the Council to four-year, overlapping terms. At least three members must be residents of Cupertino. None of the members shall be. officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. The commission advises the city council on the adequacy of library service within the community and such other matters relating to library service as specified by the city council, and serves as liaison between the city and the Santa Clara County library system. Meetings are held monthly on the first Wednesday of each month at 7:00 p.m. in City Hall, Room 100. For more information, call staff liaison Carol Atwood at (408)777-3220 or David Woo at (408) 777-3280. Parks and Recreation Commission - 2 vacancies Derek Chen served from June '06 to Jan. '08 - eligible for reappointment Vacant full term position available The commission consists of five members who are residents of the City and shall be appointed by the council to four-year, overlapping terms. None of the members shall be officials or enlployees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The commission advises the city council on municipal activities in relation to parks and recreation, including park site acquisition and development, recreation program policy, and expansion of the park program as development occurs. The Parks and Recreation Commission falls under the Political Reform Act of 1974 and financial disclosure is required. 19 - 5 D~-/'1- The Parks and Recreation Commission meets at 7:00 p.m. on the first Thursday of each month in the City Hall Room 100. For more information, contact staff liaison Therese Smith at (408) 777- 3110. Planning Commission - 1 potential vacancy (Interviews scheduled for Oct. 16) Vacant partial term position ending Jan. '09 The Commission consists of five members appointed by the council to overlapping four-year terms.. Each member shall be a qualified elector in and resident of the City. None of the members shall be officials or employees of the City and none of whom shall cohabit with as defined by law, nor be related by blood or marriage to any other member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The Commission's primary function is to advise the city council on land use matters such as specific and general plans, zonings and subdivisions. The commission reviews other matters as specified by city ordinances or Title vn of the Government Code ofCalifomia. Meetings are held at 6:45 on the second and fourth Tuesday of the month in the Community Hall. For more information, call staffliaison Steve Piasecki at (408) 777-3308. Public Safety Commission - 3 vacancies Charles Caldwell served from Jan. '04 to Jan. '08 - eligible for reappointment Jay Cena served from Jan. '04 to Jan. '08 - eligible for reappointment Fari Aberg served from Feb. '06 to Jan. '08 - eligible for reappointment The commission consists of five members, all of whom shall reside within the City and shall be appointed by the council to four-year, overlapping terms. None shall be officials or employees of the City, members of the Sheriff's Departm~nt of the County, either regular or reserve, nor shall they be members of the Central Fire Protection District. No members of the Public Safety Commission shall cohabit with, as defined b.y law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The primary functions are to advise the city council on all areas relating to public safety, traffic, and police, fire and other matters relating to the foregoing. Meetings are held monthly on the second Thursday of each. month at 7 p.m. in City Hall, Conference Room A. For more information, call staff liaison Glenn Goepfert at (408) 777-3244. Senior Commission - 3 vacancies Frank Yap served from Jan. '04 to Jan. '08 -eligible for reappointment Estelle Incociati served from Jan. '04 to Jan. '08 - eligible for reappointment Mavis Smith served from Jan. '04 to Jan. '08 - eligible for reappointment The Senior Citizens Commission consists of five members who are residents of the City who reflect the diverse senior community. They are appointed by the council to four-year, staggered terms with no more than three terms expiring at one time. At least one commissioner shall be a member of the Cupertino Senior Center Volunteer Advisory Council. The primary functions are to advise the City Council on all matters relating to various activities that provide meaningful recreational, social, 19 - 6 D~- 15 educational, safety, housing, transportation, and health services to sernor citizens within the community. The commission shall hold regular meetings as necessary, and at the discretion of the eommission, \ such other meetings as may be necessary or expedient. The commission meets no fewer than four times per y~. The commission will meet the 4th Thursday of January, Marc~ June, and September, at 2:00 p.m. in the Cupertino Senior Center, 21251 Stevens Creek Blvd. For more information, call staff liaison Julia Lamy, 777-3374. Teen Commission - No vacancies The commission consists of thirteen members, including at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission is limited to Cupertino residents. Members may attend schools outside of the city limits, or be schooled at home. Commissioners must be in 8th through 12th grade. Teen Commissioners serve two-year staggered terms. The powers and functions of the Teen Commission are to advise the City Council and staff on issues and projects important to youth. The Commission meets once (or twice as needed) a month on the first and third (if needed) Wednesday from 6:30 - 8:30 p.m. at the Sports Center, 21111 Stevens Creek Blvd. Staff liaison is Molly James, 777-3134. Technolo2V. Information. and Communications Commission - 2 vacancies William Allen served from Jan. '06 to Jan. 'OS- - eligible for reappointment Wallace Iimura served from Jan. '07 to Jan. '08 - eligible for reappointment The Commission consists ofnve members, from among the qualified electors qfthe City, appointed b:y the council to four.year, overlapping terms. ~one of the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. They advise the city council on all matters relating to telecommunications within the city of Cupertino, including evaluating compliance with any franchise or other agreement between the city and a telecommunications provider and conducting periodic reviews of providers, facilities, and products. In addition, members serve as liaisons between the city, the public, and telecommunications providers in enhancing education and information. The commission also provides support for community access television, especially public and educational access, and gives guidance when needed for development and implementation of access channels and programming. The Technology, Information, and Communications Commission falls under the Political Reform Act of 1974 and [mancial disclosur~ is required. Regular meetings are held at least once every three months and, at the discretion of the Commission, other meetings may be held as necessary or expedient. Meetings usually fall 011 the first Wednesday of the month at 7:00 p.m. in City Hall Conference Room A. 19 -7 D~-/(P City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CITY OF CUPERJINO Community Development Department SUMMARY Agenda Item No. .:21 Agenda Date: October 2, 2007 APPLICATION SUMMARY: Conduct the second reading of Ordinance No. 07-2011: "An Ordinance of the Cupertino City Council Amending Chapter 19.28.050 of the Municipal Code, Single Family 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." 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~ them of the latest changes and schedule another first reading of the Ordinance. lhis 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 currently 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 waJ1 and tree protection affecting 16 Rl-20 hillside properties. 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 Rl hillside standards subsequent to . the Council's first reading of the R1 hillside ordinance amendment. Their suggestions are summarized as follows: 21 -1 0(( -Ie MCA-2007-01 Septernber18,2007 Page 2 Ttee 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. 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 shall require approval from the Planning Commission: 5,000 square feet (for lots less than. 1 acre ill. area) 6,500 square feet (for lots that are 1 acre or more in area) The Council previously dec;ided 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: Steve Piasecki Director, Community Development ~ O~c;{h David W. Knapp (j- , City Manager Enclosure: Council Ordinance No. 07-20111 Email from Mark Santoro, September 25, 2007 21 - 2 D~"'Jq