PC 01-06-99CITY OF CUPERTINO
10300 Torte Avenue
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF THE REGULAR ADJOURNED MEETING OF THE
PLANNING COMMISSION HELD AT 7:00P.M. ON JANUARY 6, 1999
SALUTE TO THE FLAG
ROLL CALL
Commissioners present:
Doyle, Harris, Mahoney, Stevens, Chairwoman Austin
Staff present:
Robert Cowan, Director of Community Development; Ciddy Wordell,
City Planner; Michelle Bjurman, Planner 1I; Eileen Murray, Assistant City
Attorney
WRITTEN COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARING
Application No. (s):
Applicant:
Location:
11-Z-97, 8-EA-98 Amendment to RI-Ordinance
City of Cupertino
Citywide
Public Hearing to consider an amendment to the Single Family Residential ordinance regarding
building mass, setback and height.
Continued from Planning Commission meeting of December 17, 1998
Staff presentation: Ms, Michelle Bjurman, Planner II, reported that staff was previously directed
by the Planning Commissioners to make a series of ordinance changes which are reflected in the
proposed ordinance in the attached staff report. Staff also amended the exception section so that it
only applies to the current amendments, and a "pipeline" section added as well. Staff recommends
approval of the amendments to the definitions and single family ordinance, and that the item be
continued to January 25, 1999 to discuss phase three, the design aspect.
Mr. Mark Srebnik, contract architect, reviewed the changes. He reported that in order to get a
clearer change in the massing shown in the slide presentation, the depth required for the first and
second floor offset was changed to a 4 foot offset instead of 2 foot offset under the 50% rule. He
noted the wording change so that the exposed wall height referred to is 6 feet, to enable a higher
wall height, with more overlap of roof to wall; and the concept of the distribution of fist floor area
and second floor area. He said that the matrix included in the staff report illustrated examples of
different lot sizes and the results in different areas of first floor to second floor using 65% to 35%
ratio of first floor to second floor area (Exhibit A). He noted that with the proposed rules and
Planning Commission Minutes 2 Janua~ 6, 1999
ordinance changes, a variety of designs could be accomplished. Mr. SrebnJk reviewed the four
examples of design oplions included in the staff report.
A brief discussion ensued relative to wording on Page 2 of the proposed ordinance, wherein staff
answered questions. Com. Harris suggested that wording relating to the noticing of public hearings
be modified to inclttde properties located le~ fight and behind the subject property. She also
suggested the wording of No. 5 on Page I of the ordinance be changed fi:om "between the first
floor grade" to "anyfinishedfloor grade..."
Com. Mahoney distributed a proposal for reduced upper floor massing. He reviewed the proposal
which included a proposed penalty for second floor area and a bonus for first floor space without
exceeding the overall FAR. He explained the advantages and disadvantages vs. the proposal
contained in the draft ordinance, using an example of a 4,000 sq. ft. house on a 8,888 sq. ft. lot
(FAR .45).
A shde presentation followed illustrating examples of two story homes and addilions to homes
throughout Cupertino. Staff answered questions during the presentation.
Chair Austin opened the meeting for pubhc input.
Ms. Marion Alice Jarreth 20668 Scofield Drive, expressed concern about setbacks on flee-standing
buildings that are only 6 feet fi:om the fence. She said that her neighbor built a fxee-standing
garage which has a window looking directly into her pool, yard and house. She requested that the
issue be put on a future agenda for discussion.
Mr. Cowan noted that Ms. Jarrett was interested in some type of control over free-standing
detached buildings on R1 lots.
Mr. Larry Mattheakis, said he felt it was a complicated issue; noting that a year ago reducing the
FAR was being considered, at which time the Planning Commission decided to try to preserve the
FAR and try to reduce the mass of the buildings through articulations. He said one of the things
illustrated by the slide presentation is that despite what the Planning Commission decided, there
were still buildings that satisfy the requirements except for the 15 feet. He said he was not
convinced based upon the slide presentation that the 15 foot ceiling being counted as FAR would
reduce some of the "massive" issues. Mr. Matthenkis said he felt it might have been simpler to go
with a smaller FAR which would have eliminated the need for the year's work. He said he felt the
R1 ordinance did not address the issue of chimney height and requested that the Planning
Commission make a small adjustment to chimney heights.
Mr. Bob Schwenke, architect, clarified the chimney heights. He said the regulation for the top of a
chimney stack is 2 feet above the highest point of the roof 10 feet away. He said that he
understood from the previous discussions that the width was going to be around 6 feet rather than 8
feet in order to accommodate for bathrooms that were offset. He addressed his concern regarding
overhangs and said he felt the maximum entxy feature height should be from the finished floor line
immediately below the wall, and recommended that the wording of No. 5 of Exhibit 2, be changed
from "first floor grade" to "first floor elevation." Mr. Schwenke commented that the ratios fit in
well with 8,000 to 14,000 sq. ft. lots, but questioned what would be done to the small lots, noting
that the 33 or 35% ratio was not conducive to the small lots.
Planning Commission Minutes 3 January 6, 1999
Mrs. Mabel McFarland, 10567 John Way, expressed concern regarding building large homes in
established neighborhoods of smaller homes. She said it had been addressed before that the large
homes do not fit in the neighborhoods with smaller homes and reiterated that it needed to be
addressed again. She said she did not object to building the larger homes in neighborhoods with
other larger homes, however she did object to putting them in the established neighborhoods with
smaller homes where they did not fit in. She asked that the Rl-i neighborhoods be considered as
one of the unique neighborhoods. Mrs. McFarland expressed her appreciation to staff and the
Planning commXssion for their work. She encouraged the planting of trees to help the environment
in new neighborhoods.
Mr. V. McFarland, 10567 John Way, thanked the Planning Commission and staff for their work
and said he was pleased with the staff report, but not as much as when the ratio was 35%. He said
that relative to the overhang compensating for the height oftha second stoE/, looking at it from the
street, it does not help; the shadowline may have some effect, but is still there. He said that he
echoed Mrs. McFarland's concerns about the large size homes.
Mr. Leslie Burnell, 21466 Holly Oak Drive, concurred with the concern about the large homes in
the neighborhoods of smaller homes. He questioned the timeframe for a builder who already has
received approval to bold, but not yet come forward to the Planning Commission. Mr. Cowan
clarified the pipeline issue, pointing out that if the builder is already in the process and has paid the
fee, he would be permitted to build regardless of the new standards, and said there was an
exception clause. Relative to wall height, Mr. Bumell said he felt the wail height should be the
wall height independent of the overhang. He also concurred with the concern regarding building
the larger homes in the existing neighborhoods of smaller homes.
Ms. L. Baltosis, resident, said she felt the main issue was compatibility of homes and said she
would be opposed if one of the larger homes was built next to her home. She questioned if the
issue of shadowing would be addressed. Ms. Bjurman reported that studies were conducted
relative to daylight planes, and g~eater bulk reduction was achieved with the proposed
modifications than the daylight plane. Ms. Balmsis also expressed her appreciation for the work
done by the Planning Commission and staff.
Ms. Linda Roy, resident, echoed previous speakers' appreciation for the work done by the
Planning Commission and staff. She said it was difficult to please everyone, and felt part of the
issue was "old" vs. "new". She concurred with Mr. Sehwenke's concern about the smaller lots.
Ms. Roy said that she was in favor of Com. Maboney's proposal as it provided design flexibility
and more variety in house styles. She said she was in favor of the concept of including the
fireplace count in articulation, and said she preferred the 6 foot articulation to the 8 foot. Ms. Roy
said she did not feel the need to go to 15 feet for the first floor, and noted that Palo Alto allowed
17 feet. She expressed concern with restricting ceiling height, and said that the purpose was to
build attractive homes, not just meet some arbitrary number. She said that the effect on actual
designs needed to be considered.
Chair Austin dosed the public hearing.
The issues of concern were listed and discussed and responses noted in the table below.
Planning Commission Minutes 4 January 6, 1999
Issue Harris Doyle Mahoney Stevens Austin
Should chimney meet offset No No exc. for Yes, if4 Yes, if 4 ft No
requirement although it doesn't meet chimney ~.or wider or wider
8 t~ width
Should interior building area on any Yes Yes Yes Yes Yes
floor above 15 ft. count toward FAR
Reduce offset width t~om 8 to 6 ft. No 6 ft. 6 ft. 6 ft. 6 ft.
Com. Ma.honey's alternative or staff Staff Alt. Com. Com. Either Either
alternative for first/second floor FAR Mahoney Mahoney
Should entry features be measured Grade Grade Grade Finished Grade
fi.om finished floor or ~rade Floor
Academic No - Use
Is 600 sq. ft. second floor minimum 600 sq. ft. 600 sq. ft. using Mat. 1'5% or No pre£
adequate too large Proposal Com. Mat
Proposal
Is 4 foot offset adequate No - 8 ft. Yes - 4 ft. Yes - 4 ft. No -10 ft. Yes -4 ft
Pipeline date of applicability (60 60 days 60 days 60 days 60 days 60 days
days after City Council adoption)
Daylight plane Retain Retain No N/A ' Keep open
~ Lgr FAR
Reducing FAR Keep at 40 No No for smaller Keep open
lot
A discussion ensued regarding the reduction of FAR. Ms. Bjurman referred to a chart illustxating
the FARs fi.om Mountain View, Palo Alto, Los Altos and Los Gatos, as a comparator to Cupertino.
Mr. Srebnik said that since the strategy was to work toward reducing the mass and appearance of
mass without cutting the FAR, one option to possibly consider would be to set up a mechanism
with a review period at the end of a specified period. At the end of the review period, an
evaluation would be done. If the issue was not satisfactorily resolved, the FAR could then be
considered.
Chair Austin suggested working on the present concept~ with a caveat that in six months to a year
they would revisit the FAR if needed.
Chair Austin opened the meeting again for public input.
Mr. Schwenke clarified that Los Altos had a sliding scale FAR on lots exceeding 10,000 square
feet, noting that they were down to .27 FAR.
Mr. Mattheakis said that he was not convinced that what was outlined would make a difference.
Mr. Bumell noted that three of the homes shown in the slide presentation would not be permitted
under the proposal because of the tall roofs.
Chair Austin closed the public input portion of the meeting.
Planffmg Commission Minutes
January 6, 1999
MOTION:
SECOND:
VOTE:
Com. Mahoney moved to approve the Negative Declaration on 8-EA-98,
including changes to the Single Family Residential Ordinance and the definitions
Com. Harris
Passed 5 -0-0
MOTION:
SECOND:
NOES:
VOTE:
Com. Maboney moved to approve Application 11-Z-97 with changes including
changes relative to the interior fill in area on any floor above 15 foot counting;
reducing the offset with the 6 feet with the ratio alternal/ve proposed by Com.
Mahoney; clarifying that the entry features are measured from finished grade;
pipeline 'date of applicability is 60 days; total buikYmg; page 2 No. 2 deleted;
Public Heatings notification addition "left, right and behind"; changing
notification information discussed earlier; Page 1, No. 5 of ordinance language
changed to "any finished floor grade"
Com. Stevens
Com. Harris
Passed 4-1-0
Com. Harris said that she felt the potential offset was not adequate, and felt the 8 foot portion of a
long wall being offset was more appropriate than the 6 feet which was eluded to. She said she did
not want to encourage 8 foot or 6 foot wide chimneys on the second floor.
MOTION:
SECOND:
NOES:
VOTE:
Com. Harris moved to adopt the Paio Alto sliding scale FAR in addition to
changes specified
Com. Stevens
Corns. Doyle and Mahoney
Passed 3-2-0
Com. Mahoney said that it was his understanding that previously there were three Commissioners
who did not want to reduce the current development entitlement, and he still felt that way. Com.
Doyle said that he also wanted to keep the development entitlement.
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
DISCUSSION OF NEWSPAPER CLIPPINGS: None
ADJOURNMENT:
The meeting adjourned at 9:45 p.m. to the regular Planning ConUmssion
meeting at 6:45 p.m. on January 11, 1999.
Approved as presented: January 25, 1999
Respectfully Submitted,