V-2003-01City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
Planning Commissioners
From: Steve Piasecki, Director of Community Development
Date: March 24, 2003
Subj: REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
FINAL DECISION MADE March 18, 2003
Chapter 1L9.1136*0110 of the CCupertino Municipal code provides for
Appeal of decisions made by the Director of Commune Development
1. Application
V-2003-01; Franceska Gleason;10202 Vista Drive
Description
Variance to allow a rear yard setback of 18 feet in a R1C zoning district where 25
feet is required for an enclosure of an existing second story balcony.
Action
The Director of Community Development approved the application. This is
effective March 18, 2003. The fourteen -calendar day appeal will expire on April
1, 2003.
Enclosures:
Director of Community Development Report of March 18, 2003
Resolution No. 18
'Plan Set '
G: IPlanninglPostHearinglSummary.to cc W31803dir summaryletter. doc
The Director must be able to make the following three findings in order to
approve the rear setback variance request. The variance findings are in bold
Exhibit : B 19.44.010
Chapter 19;
control of the property .owner/developer, the pro-
posed project substantially complies with the general
IE�ESIDIDEIIiAIG SIl�1�GlL]�-1FAI�/1(Il7LY CLUSTERstandards
contained within this chapter,
Q��) ZONES
2, - That the proposal provides for low -moderate
income and senior citizen housing 'in a, manner
Sections'.consistent
with the housing elertaent of the General
19.44.010 Purpose.
10.44.020 Applicability ®f regnlatuonso
Plan. '
nts Qfth is
�onpliance with therequirements
19o44a030 Characteristics of I�II� zones°
chapter does not relieve the owner or developer of
9o44e040 Perndtted aaseso
property intended to be included in a single-family
1L9o44o0�® (�®��®rill use potent issuedresidential
cluster zone .from co lying: with all
by Planning tC®ffimrnnssn®mio
other applicable City ordinances or conforming to
1�9o44e0c�0 ante devieIl®pIInent l @ ,aalla$n®allso ``
the provisions of the �ity9s General Ilan:
19.44.070 Specific development Standards.'
D. , No biaildang9 structure or land shall be used,
19o44a080 Changes after granting qf a
and no building or structure shall be hereafter erect-
cluster z®nca
ed9 structurally, altered or enlarged in a residential
cluster zone., otherwise than in conformance with the
19°44a010 Purpose.,following
provisions., except chat uses; buildings and
T`he purpose of a cluster zone' is_ to promote
structures lawfully in existence at the time this
as long as ao alter
neighborhood identity and enhance the quality of .
chapter takes effect may remain
Olt residents b encouraging developers.tQ
life for y Y
ations talcs place (except those alterations permitted
use a more creative approach in land,, evelopmen%
by Santa Clara �rdanance iVS 12009 Section 309 as
to provide a means for reducing the amount of street
in resi-
nt 'existed oar .October 109 19559 which has been
adopted by, the pity of Cupertino). (Ord. 1601 Each,
improvements, and public utilities required e'
` dentaafl devefloprment9 to conserve natural -features.,:
A (part1992)9 )
and to facilitate the provision of more desirable
and efficient use of ®pen space. (Ord. 1601.
19.44.030 �lnaracternstncs ®f Il�I[tr zones..:
aesthetic
Each,- A (part), 1992)
A. A residential single-family cluster zone is a
hand use designation or a single-fammily residential ,
190440020 Applicability of regulations,
use upon a parcel of real property., a portion of
_ _ .. 7. A. e gegaireanents of this .chapter9 unless
waived o modified., must be rnet with respect to all
- which consists of.
1'a . An undivided interest in a common area used
real'properties intended be developed., or coin-
for open space, recreation al., parking., vehicular%Ad ,
by gesndences of the parcel.,
verted - tog a: single -fly residential chaster
developrnsnt as described iai this ohapter9 including
pedestrian circulation .
2. Separate property interests owned by each
the conversion of ea<isting aparganent houses to
family residing on the parcel.
�. The separate property interests may include: ,
condominiums.
E. The requirements of this chapter can be
1. individual'subparcels.which cormpnss buds.
waived or modified if the Ilanaaing Comuaission and
ing areas only or building areas plus pnvats y
City Council make any one of the follownng find-.
or atria., `or
in
2.. Separate property interests in space: a
ingsa
1. Although one or more specific standards
residential building on the parcel., or
interests
cannot be complied with because of property size
3. Both types of separate property
above. (Ord. 1601 Exh> A (part)., 1992)
constraints., e%lsting building morphology, top.-
sraumerated
graphical problems, or other conditions beyond the
���®23 (Cupemno 7-99)
19.44.040
1
19.44.040 Permitted uses°
department license and has seven or. greater resi-
The following uses shall be permitted in a single-
dents, not including the provider, provider faTnily.or
. require
aster zone without the re
family residential 1 q
staff, is a minimum distance of five hundred feet
_
� "
use permit:
anent of a P _
from the property boundary of anotherresidential
A. Single-family dwelling units with not more
facility and has.a minimum. of seventy-five
than one dwelling unit per lot, or in the ease of a
square feet of usable rear yard area peT occupant;
condoflnflnitgran, not more than One dwelling unit
D. Congregate residence with eleven or more
within a defined air space;
residents, is a minimum of orie thousand feet from
B. dome occupations subject to approval
the boundarry of another. congregate residence and
pursuant to the Home Occupation Ordinance (No
has a minimum of seventy-five square feet of usable
321) of the City of Cupertino, as it now exists or
rear yard area per occupant. (Ord. 1688 § 3 (part),
may be hereafter amended;
1995; Ord. 1657 (part), 1994; Ord, 1601 Each. A
C. Small -family day care home;
(part), 1952)
D. The keeping of not to exceed two dogs and
two cats over four months of age, or other small
19.44.060 Site development regulations..
household pets not to exceed four adults four
A. Initiation of Cluster Zone by Property Owner,
months of age or more;1.
The owner of" a property within the City *of
�, 12esadentaal care facility with six or less resfl-
Oupeatino Or the Cnty9s sphere of influence may
dentsnot including the provider, provider faflnily or
apply for single-family residential cluster, zoning or..
staff; that has a license froarn the appropriate State,
rezoning, to the Planning Commission, �f the City
County agency or depafltnlent9
of Cupertino as specified in Chapter 19e120>
F. Congregate residence with ten or less resi-
2. The. application shall be accompanied by a
dents. (Ord.16Sg § 3 (paTt),1995, ®gd.1657 (part),
development plan, contents of which are described
1994; Ord. 1601 EA. A (part), 1992)
in Section 19,44.160H of this chapter. The develop-
ment plan shall be made a condition of the rezoning
119.44.050 Conditional use Permit issued by
approval.
Planning Commission.B.
Initiation of Cluster Zone by the City Council
q'he following uses:tray be peTIInatted, subject to
or Planning Co. ssione
flue securing of a coneitional use permit in each ..:
l e The City. Council and/or Planning Commis -
separate case, in locations where they, in the. opinion..-
sion may itiitiate a public hewing to rezone specific
of the director of Community Development, are
properties to a single-family residential cluster zone
existan "and tanned uses within
compatible with g p
when it is determined that residential.cluster devrel-
the development area:
oprraent will pTeserrre or enhance land features sine
A. Residential care facility, that is not required "
. vegetation such as stream courses and groves` of "
to obtain a license by the State, County agency. or
specimen trees, historic buildings, and unique scenic
department and has six or less residents, not includ-
vistas, and will enhance older. neigl borh '. which
. . ,the provider, provider family or staff,
have undeveloped properties which have an access
B. Residential care facility, that has the-appropn-
problem or a parcel configuration which precludes
ate. State, _County agency or department license and
development utilizing conventional street and.,lot
has seven or greater residents, not including ' the
standards. The permitted density shall in each •case
provider, provider family or staff; is a minimum
be determined by the density` provisions of the land
distance of five hundred feet frown the property
use element of the adopted General, Plana
boundary of another residential Care facility;
�. A development plan is not required for a
C. Residential care facility, that is not required
City -initiated single-family residential cluster zoning
"of
to obtain a permit from the State,`County agency or
district. Prior to actual development" acid use
(Cupertino 7-95)
19.44.060
property within a City -initiated single-family resi-
1. Nonstreet areas which have been, or will be
dential cluster district, the property. gwner or, devel-
required, to be dedicated or acquired, in fee, for
oiler shall submit.a development plan as described
public purposes such as flood. control and water
P P
in Section 19.44.070. The plan shall be reviewed
conservation, parks, and public schools*
and approved by the Planning Commission and City
2. Areas on the site which cannot legally, or
Council in the same manner, as a zoning hearing;
physically be utilized for building or recreations
C. Density. ilea total nuaanber of dwellhgg uanits
uses, e.g-, areas d°erectly .underneath transmission
per acre shall be defined by the density pr®visions
towers or areas containing easement rights which
of the current land use. and housing element of the
prohibit use of the land:
General Plan. In a case where a density :range _ is
Pe ` General Development Standards. The. follow -
designated, the allowable number of dwelling units.
ing standards shall be utilized to evaluate `the I site
shall be determined based upon the following crite-
and architectural design of a residential cluster de-
`
riae
velopmente
L. 7Che relationship of the proposed development
1. ']Primate outdoor space shall be provided for
to the development character of the immediate
each unit. The amount of space shall be determined
neighborhood*
in each case by the size of the unit, type of tenure
2e "The impact of the proposed development on
and amount of open space.
physiographic factors ` of the site, .such as slope
2. The relationship between adjoining units shall
steepness, geologic stability, and vegetation*
be designed in such a manner so as to preclude
3eThe impact of the proposed development on
visual intrusion into private outdoor yards or interior
community, utility and social services such as sari-
spaces.
tary sewer, storm drain, water, fire and police meet
3. Appropriate site design and construction
es
gency ser, 'and schools*
techniques shall be utilized so as to ensure isolation
4; The impact of the proposed development on
from excessive noise sources outside of the project
the capacity of the neighborhood street system*
boundary and ensure acoustical privacy between
5, The quality of the project design ;relative to
adjoining units. If the Director of Planning and
building location, design, and materials and the
Development determines that an excessive external
livability,.. of the dwelling units for its future resim
noise source will exist within the project area, the
deans. The performance standards contained within
developer shall' retain an acoustical engineer to
this chapter shall provide a .means to measure the
evaluate the noise impact on the proposed residential
livability of the 'dwelling units*
development and develop mitigation measures, The
6. The relationship of the proposed development
construction system shall comply With applicable
to the housing goals contained within the housing.
City ordinances relative to sound -transmission corn -
element :of the'eneaal Plano
trol to ensnare acoustical privacy between adjoining
D. In hillside areas, Le°, those areas delineated
dwelling units.
as hillside in the General Plan, the maximum anum-
0. Conditions.
of dwelling units permitted ia� a cluster
bar g
I. 1n approving a cluster zone; there may be
PP g
development shall be calculated in accordance with
included such conditions as are deemed reasonable
slope -density formulas andlor other mechanically or
and necessary under the circumstances to preserve
mathematically ` approved methods to 'deteranine
the ' integrity and character of the district and to
dwellin unit intensityas outlined by. the General
secure the general purposes of this title.and the Caen -
Plan.
eral Plane
E. The land area utilized to compute the maxi-
2. The development plan shall be incorporated
` °t shall be
umber of dwelling units.
mum allowable. n g
flea and oracle an a radix to the resolution granting
PPe
the gross size of the propertyless-
a rezoning to any cluster, zone, and conformance to
588-24a (Cupertino 7-95)
19.44.060
4. A -map showing the proposed system of pub-
2. All dwelling units (and buildings containing_
lic and private streets, including cross -sections for,
condominlum units) shall be interconnected.1 by
all, types of streets;
pedestrian walks fully separated from moving vehi-
5. A description of Immediately adjoining land
cles.
use types, including the location of structures;
3. Each unit shall have direct access to common` .
6. ' °fibs architectural theatre of the development
open spaces.
and the location of buildings, building confgura-
4, In.. family-orlented planned residentialcom-
tions, building heights, building square footages,
munities, playfields shall be incorporated into'com�
fence Unes,�private patio and balcony areas; and lot
mon open space to accommodate group play activi-
lines. A coding system shall be used to delineate
ties.
unit types relative to number of stories and number
5e Small sitting areas or tot lots shall be provides
of bedrooms. ` A land use distribution table shall be
ed throughout each project to provide Informal
prepared setting forth the net property size and the:
meeting space to. enable immediate "neighbors to
dared` area demoted to various land use' activities.
Anteract with each other when they -so desire.
(Ord. 1601 Exh. A (part),.1992)
E. Streets.'
1. The pavement, curbs, gutters and storm drains
119e�4o�`�® Specific development standards.
and water mains,of the private street shall be con-`
A. 7bere is no minimum development area for
structed to the standards of City streets, subject to
a residential cluster zoning district.
the approval of the City Engineer, except that the
E. Setbacks. There is not specific requirement
City Engineer,. may permit modifications recom-
for setbacks other than a requirement that a distance
mended by a: licensed engineer. The minimum width;
of twenty-five feet shall be a setback be provided on
of a private street shall be twenty-four feet curb to ,
a. corner lot to the extent that; a forty -foot" sight
curb, with curb and. gutter on both sides of the
triangle is provided, and that units immediately adja-
street.
cent to the development boundary shall have the
2. All private streets shall be inspected by the
same setbacks as required in the adjacent zones.
City during construction,
C. Height. °1`he maximum height shall be thirty
3. Sidewalks shall bea minimum of four and
feet measured as the vertical distance from the aver-
one-half feet'in width.
age of, the. highest and lowest finished grade
4. The private street and the major walkways'
adjacent to a building to the highest point of said
shall be lighted to an intensity approved by% City
_ building. An increase in. height shall be permitted if "
IEngineer. The type and location of electroliers are
the Planning Commission or City Council determine
subject to approval by the Planning Commission.
that such height increase will not have an adverse
5. There shall be a system for the naming of the
impact upon the immediately adjacent neighborhood.'
private street and for address numbers, subject to
Generally, units immediately adjacent to the level-
approval by the building Department after consulta-
opment area boundary shall not exceed the height
tions with the Postmaster, the Central Fire District
of existing dwelling units adjacent to ,the develop
and>the County. Communications Office.
ment area,
6. A bicycle circulation system shall be incorpo�
D.Site Design.
rated.into the project design in a mangier which, to
1.: Front entryways shall be private by either`
the greatest degree possible, separates bicycle move-
orientating them in a different direction from adjoin-
meats from motor vehicles and pedestrians. 'Me
ing units, by utilization of an enclosed patio, by
bicycle system shall interface with existing and
utilization of wing walls, by utilization of a recessed
planned City-wide systems.
foyer, or through other design techniques.
i. The owner of the development will be re-
quired to participate in the initiation of a City ordl-
Sig-25 (Cupeetin® 12.93D
19.44 070
nance to make the private streets subject to the
5. The articles of incorporation of the homeown-
Vehicle Code.' under the provisions of Section
ers association and any other instrument related to .
21107.7 of the Code, the provisions of such ordi-
the association shallbe subject to the approval ,of
nance to be subject to the approval of the enforcing
the City Attorney. (Ord. 1630 , (part), 1993; Ord.
agency.
1601 Exhe A (part), 1992)
go The roadways of the private street, plus a
five -foot -wide strip on either side, shall constitute
19.44.080 Changes after granting of a
a public service easement; other public service or
cluster zone.
utilities easements 'May be incorporated in the piano
Ae In the event that the applicant -shall desire to
9. Adequate turnaround space'shall`be provided
Crake any change, alteration or amendment in the
at the termini of the private streets subject to the ap-
approved Development Plan or covenants after a .
proval of the central Eire District.
cluster, zone has been granted by the City Council,
F. Improvements and. Covenants for Common
a written request and revised development plan shall
Area.
be' submitted to the Building Department. ` Along
la Improvement of the common areas shall be
with the plans, a -letter of approval from the appro-
completed, by the developer and' shall be subject to
priate homeowners association or architectural board
bonding and other procedures in the same manner
shall be submitted. '
as required for street improvements by the
Bo .1f the number of dwelling units is not in-,
Subdivision Ordinance. The common areas Shall be
creased, andthe City Planner makes a finding that
deeded to an association of the homeowners for
the changes are minor and `do not affect the general
whose- benefit the common area is set aside; devel-
appearance of the area or the interests of owners of
opment rights shall inthis case be dedicated to the
property: within or adjoining the development area,
city.
the building permit will be issued. if the homeown-
2o Maintenance of the common areas shall be `
ers association fails to act, the Planning Director
the responsibility of the homeowners association to
May make a deterudnation of significance. The '
which the common areas are deeded. In the event '
Manning Director may issue a building permit or
the private road, Ariveways, parking areas, walk-
require that the applicant receive. architectural and
,ways, landscaping or buildings are not. maintained
site approval. if the homeowners association issues
t® applicable City standards, the, City may, after
a statement opposing the proposed modifications,
.notice and advertised public hearing, effect the:
the property Owner trust submit for architectural and,
necessary maintenance, with the cost therefor to be
site approval; building permits will not be issued
a lien on the 'property.
until City Council approves the request (Resolution
3e To assure that the open space shall be avail-
No. 41$8)a
able for the entire 'development; the development `
Ca A material change in the Development Plan,
rights to the common area shall be dedicated to the
including change of requirements or conditions, or
City of Cupertino in advance of.the recordation of
an increase of the number of dwelling units, shall '
a final subdivision map.
be processed as a zone'changeo
4e Prior to recordation of the declaration of
De The requirements of this chapter can be
covenants,'conditions and restrictions by the devel-
waived or modified. if the Planning Commission or-
opens, the declaration shall be reviewed by the City
City Council makes any one of the following find -
Attorney to determine its compatibility, with the
ingso
intent and conditions as set forth herein. Any chang- '
L. Although one or more specific statndards
es in the declaration` shall be subject to the approval
cannot be complied with because of property size
.of the City Council°
constraints, existing building morphology, topo,
aphical
ra hical problems, or other conditions be and the.
gr0
p Y
(Cupertino 12-93) 588-26