PC 05-21-62
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10321 SO. SARATOGA-SUNl'~YVALE ROAD
C I T Y 0 Feu PER TIN 0
. C'JPERTINO, -èJ\LIFORNIA
MINUTES OF THE PLANNING COMMISSION STU:¡)Y SESSION
ON
COUNTY l-IILLSIDE ORDINANCE
AL 2-4505
PLACE:
TIME:
10321 So. Saratog,,··Sur.nyvale R08ð
8:05 P.M.
Commissioners Present: Adamo, Fitzßerald, Frolich, Rampy, Small
Staff Present: Mr. Fleming and f1r. Lahi
Commissioner Fitzgerald is Chairman of this Subcommittee and presided
over this meeting.
This study session was held in order to further explore the points of
the County Hillside Ordinance which havç not been fully accepted as
desirable for the City of Cupertino by several of the Commissioners.
Discussion ViaS held on tt.e reasons for the 60 ft. road requirements
when only 20 to 30 ft. are used for the physical road; these reasons
are: easements are needed for slope and shoulders on both sides of the
road to allow for slIde Rnd rain drai~~ge.
Mr. Fleming suggested that the City a10pt the County Hillside Ordinance
as it is) but continue to study the points in question by using sim-
ilar ordinances of other cities for comparison and as helpful guides.
This would give the City a working juriSdiction on hillside applications,
and also allow the City more time to obtain the details necessary for
its pupose while being covered lion the books".
The requirement for 60 ft. roads would very likely give rise to some
variance applications. The Committee was in ag~eement that in case of
variance, and to avoid delay, a clause be inserted at the beginning of
the Ordirw.nce sta~inß tha.t the City Engineer be requested to give a re-
port on such variance to the Planning Cocornissi'1!1 prior to the 2ppli-
cant 'S appearanGe at the Planning Commission meeting.
The Committee felt U best if 211 applicG tiollS for thi.:;¡ Hillside Ordj,-
nance be reviewed by' the C5,ty Engj,:>eer to determine if such appl1catjons
fall within t tie jc:risdictiú;-' of this Crclinance; and, if 80, whether o¡,
not variance is necessary. If Va¡'i3DC8 is req¡,;ested, the Ci':;y Engin:::. er
shall make such recomcoendat:ton to the Plé'¡¡:Ü!\iJ; Commission if in Ins
opinion variance is necessa~y.
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The density decided upon as best was two (2) unit" per aCI'e.
Mr. Fleming wrGte t;1e fcill.o'dng as a guide for the clause con,ring var-
iances (which embodie~ the above):
All developers desiring the Eillside OrrlinanciJ ~haJ.l hav<" his
plans reviewed by the City Engineer who sl1a).:!, rte:termine if ::n:cr.
a~Jplicat:1.ons come within the jurisdiction of the Hillside O,;~di-
nar.ce and in the event a variance is requested f:,"om t.he Hil:lside
Ordinance due to hardship, such request shall be reviewect by the
City Engineer who wiJ.1 ê':aIœ a recommendation to the Plémning Com-
mission. The Planni"g Commission may then recowmeDd the varia!')0€
to the City Council.
The suggŒtion was made that an item 13 be added to t~e City standard
12 conditions. This item being that the applicant ~st comply with
the Hillside Ordinance requirements so that he cannot læt&r' 1?eturn
and state that he was given R-l zoning and can -cheref;:>rff build on
7500 sq. ft. lots, rather than build a maximum of two unite per acre.
The Committee decided that in eff'.:'ct the Hill¡¡;'~d", Oioctir..ance is an
amendment to the Subdivis-:'on OI,dÜkih0e. The Ch!!irman, Commissioner
Fitzgerald 1S to contact the City Attorney 'regarding the legal aspect
of calling the Hillside O::'dinance !in amendru..nt to the Subdivision Ord-
inance, prior to the next regular meeting of the Planning Commission.
Meeting adjourned at 9:50 P.M.
LsLl.~.!:l-1'1~,g~!'ald L .~b.a_i !:m.?n_ ._.__
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