PC 07-28-83
CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: (408) 252-450
PC-42l
Page 1
MINUTES OF THE REGULAR ADJOURNED MEETING OF THE PLANNING
COMMISSION, HELD ON JULY 28, 1983 IN THE COUNCIL CHAMBER
CITY HALL, CUPERTINO, CALIFORNIA
Chairperson Adams called the meeting to order at 7:30 p.m.
in the Council Chamber, City Hall.
SALUTE TO THE FLAG
ROLL CALL
Commissioners Present: Koenitzer, Blaine, Chairperson Adams
Commissioners Absent: Claudy
Staff Present: Dir. of Planning & Development sisk
Assistant Planning Director Cowan
Assistant City Engineer Whitten
Deputy City Clerk Villarante
1. Application 2l-u-93 of JOSEPH BROWN: USE PERMIT to add
2,200 sq. ft. to an existing 1,200 sq. ft. commercial
building and operate a small animal hospital/veterinary
clinic and to construct a residential dwelling unit.
ENVIRONMENTAL REVIEW: The subject property is located
on the northeast side of peninsula Boulevard
approximately 250 ft. west of Freeway 85, 280 ft. east
of the Southern Pacific Railroad right of way in the
Monta Vista area. The property is in a P (Planned
Development with neighborhood commercial, light
industrial and residential intent) zoning district.
First Hearing. Tentative City Council hearing date -
August 1, 1983.
Assistant Planning Director Cowan presented a staff report
to the Commission.
Discussion ensued between
the zoning of the area
situation.
staff and
in question
Commission regarding
and the street
Joe
for
the
Brown, 20935 Pepper tree Lane, thanked
the adjourned meeting and gave a brief
modifications to the building site.
the Commission
description of
Ray Rooker, architect, addressed Commission regarding sound
levels and landscape of the proposed site.
PC-42l
Page 2
MINUTES OF THE JULY 28, 1983 PLANNING COMMISSION MEETING
Assistant Planning Director Cowan presented a staff report
to Commission. He went on to state that the purpose of the
hearing was to prepare a new ordinance for second units as
per state mandate and to propose changes in the Rl
designation to allow minor deviations at staff level.
Chairperson Adams questioned staff as to the parameters of
the state mandate for the ordinance.
City Attorney Kilian advised the Commission regarding the
State mandate, explaining that if an ordinance was not
adopted by the city that Granny units could be utilized
anywhere in the City and that if an inadequate ordinance
was passed that future applicants could possibly take
action to void it. He went on to specify the findings
needed for complete exclusion of second units in the city.
Discussion ensued between Commission and staff regarding
lot size and detachment or attachment of second units.
Ann .'\nger, resident, expressed her concerns to the
Commission regarding second units stating that she felt if
allowed they could be misused and that the second unit or
adjacent home should be owner occupied.
tJancy Hertert, 22830 San Juan Rd., commented to the
Commission on an article by the League of Cities regarding
the second units issue. She went on to state that she was
in favor of seconds units and that they were a way to add
to rentals in the city.
Hr. Ruttenberg, 21650 Edward Way, stated to the Commission
tha t he fel t two important i terns to cons ider regard i ng
second uni ts is park i ng and the effect on frontage
landscaping.
Assistant Planning Director Cowan commented
Commission regarding the 120 day limitation period
to pass the second units ordinance. He went on to
the minimum and maximum lot sizes for second units.
to the
in order
explain
Discussion ensued between staff and Commission regarding
the minimum and maximum allowances for second units.
Assistant Planning Director Cowan gave a brief explanation
to Commission regarding setback and height requirements for
second units.
Discussion ensued between Commission and staff regarding
setback and height requirements for second units.
Assistant Planning Director Cowan presented the
of on and off street parking to the Commission.
questions PC-421
Page 3
Commission discussion ensued regarding requirements for on
and off street parking for second units sites.
:1r. Ruttenberg, 21650 Sdward \vay, addressed the Commi ss ion
regarding second unit parking requirements stating that he
felt they should have at least 2 off street and one on
street.
l1ancy Burnet t, res ident, sta ted
felt there should be a percentage
opposed to pavement for parking.
to the Commission that she
of frontage landscaped as
Assistant Planning Director Cowan addressed the issue of
owner occupancy to the Commission.
City Attorney Kilian addressed the Commission regarding
various aspects of enforcement of owner occupancy.
Commission discussion ensued regarding owner occupancy
requirements for second units.
~ancy Burnett, resident, questioned Commission as to the
salability of a home with a second unit.
Discussion ensued between staff and Commission regarding
the effects of second units on the neighborhoods.
Lloyd Taylor, 10214 Miner Place, expressed his concerns to
the Commisssion regarding lack of restrictions on second
units and the effects it would have on the neighborhoods.
.;ssistant Planning Director Cowan expressed staff's
recommendations to Commission regarding public notification
and discretionary review of second units.
Commission discussion ensued regarding public notification
of second units.
Com. Koenitzer expressed his concerns regarding existing
illegal second units.
Discussion ensued between Commission and staff regarding
illegal second units.
Lloyd Taylor, 10214 f'liner Place, addressed the Commission
regarding limitation of the number of second units allowed.
Commission gave an item by item summary of recommendations
for second units to staff.
Nancy Hertert, 22830 San Juan Rd., addressed the Commission
regarding her concerns on second story restrictions,
consideration of smaller lots, hillside restrictions, and
parking grade cuts.
- '-/<21
;;.:0 4
Director of flonning ond Development sisk cOlnmented to
Commission regarding RHS guidelines for second units.
.~ Commission gave summary of recommendations for parking,
second stor ies, owner occupancy and ASAC approval.
Included in the summary were the following:
On Rl-6 and Rl-7.5, the minimum lot size for second units
should be 25% greater than the minimum in the zone; in Rl-6
and Rl-7.5 permit attached second units only; in Rl-lO the
minimum should be 25% greater than the minimum in the zone
(12,500 sq. ft.) with the second unit attached or detached;
in RHS there will be a 12,500 sq. ft. minimum for second
unit; the second unit size would be a minimum of 250 sq.
ft. and a maximum of 500 sq. ft; owner occupancy required
in one of the two units on that property; public notice is
to be required to the ASAC hearing on the matter.
'Janey Hertert, 22830 San Juan Rd., questioneu Commission
regaruing the requirement of 25% larger lot, septic tanks
in Regnart Canyon and reason for exclusion.
Commission
septic tank
discussion ensueu
requirements.
regarding hillside units and
It vias moved by Com. Koenitzer, seconded by Com. ¡;laine and
passeu unanimously to continue discussion of the second
unit ordinance to the meeting of August 8, 1923.
UlΠLJI SIILLJ BOS Ilmss - :Jone
:J~l{ ,~USlt~CSS - tJone
The meeting was adjourned at 10:43 p.m. to August 28, 1983.
ATTEST:
APPROVED:
'~~
. I~
C~ty Clerk