PC 01-25-99CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
APPROVED MINUTES OF THE REGULAR MEETING OF THE
PLANNING COMMISSION HELD ON JANUARY 25, 1999
ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
MOTION: Com. Harris moved to nominate Com. Doyle as Chairperson for 1999
SECOND: Com. Stevens
VOTE: Passed 5-0-0
MOTION: Com. Stevens moved to nominate Com. Harris as Vice Chairperson for 1999
SECOND: Com. Corr
VOTE: Passed 5-0-0
Newly nominated Chair Doyle chaired the remainder of the meeting.
SALUTE TO THE FLAG
ROLL CALL
Commissioners present: Charles Corr, David Doyle, Andrea Harris, Patrick Kwok, Jerry
Stevens
Staff present: Robert Cowan, Director of Community Development; Ciddy Wordell,
City Planner, Michele Bjurman, Planner II: Vera Gil, Planner II; Carmen
Lynaugh, Public Works; Eileen Murray, Deputy City Attorney
1. APPROVAL OF MINUTES:
Minutes of the meetings of December 17, 1998 and January 6, 1999
MOTION: Com. Harris moved to approve the minutes of the December 17, 1998 and January
6, 1999 Planning Commission meetings as presented.
SECOND: Com. Stevens
ABSTAIN: Corns. Carr and Kwok
VOTE: Passed 3-0-2
WRITTEN COMMUNICATION: Chair Doyle noted for file the Rancho Rinconada
newsletter, The Community Crier.
ORAL COMMUNICATION: None
POSTPONEMENTS/REMOVAL FROM CALENDAR:
2. Application No.: Amendment to Newsrack Ordinance
Applicant: City of Cupertino
Location: Citywide
Planning Commission Minutes January 25, 1999
Consideration of amendments to Chapter 10.21 (Newsrack Ordinance) of the Cupertino Municipal
Code to require modular newsracks.
Tentative City Council Hearing date: March 15, 1999
Request continuance to February 22, 1999 Planning Commission meeting
Application No.(s): 29-U-85(M)
Applicant: Stanley Wang (First Baptist Church of Cupertino)
Location: 10525 Miller Avenue
Use Permit modification to relocate an existing parsonage and demolish and rebuild a detached
garage at an existing church.
Planning Commission decision final unless appealed
Request continuance to the February 8, 1999 Planning Commission meeting
MOTION: Com. Stevens moved to continue Application for Amendment to Newsrack
Ordinance to February 22, 1999 and Application No. 29-U-85(M) to February 8,
1999
SECOND: Com. Harris
VOTE: Passed 5-0-0
CONSENT CALENDAR: None
PUBLIC HEARING
4. Application No
Applicant:
Location:
13-U-97(M)
Sunnyview Lutheran Home
22445 Cupertino Road
Use Permit modification to relocate below -grade parking to surface parking for an approved
addition to an existing assisted living facility.
Planning Commission decision final unless appealed
Chair Doyle excused himself from discussion of the application because he resided within 300 feet
of the property. Vice Chair Harris chaired the meeting in his absence.
Staff presentation: Ms. Vera Gil, Planner I1, referred to the overhead of the site plan and reviewed
the background of the item as outlined in the attached staff report. She noted that the application
was approved in January 1998 to construct the new wing and a below -grade parking garage;
however, because of flooding experienced during the past winter, the applicant feels it is necessary
to remove the underground parking and provide surface parking. She reviewed the proposed
changes and location of the new parking stalls.
In response to Com. Stevens' question relative to flooding problems, Ms. Gil said that the
applicant had experienced flooding in years other than the El Nino event.
Mr. Robert Cowan, Community Development Director, discussed the drainage pattern for the site.
He clarified that it was staff s recommendation that the property owner relocate the underground
parking because of potential flooding problems.
Planning Commission Minutes 3 January 25, 1999
A discussion ensued regarding mitigation measures to address potential flooding, and landscaping
modifications, wherein staff answered Commissioners' questions. Ms. Gil also noted that the
proposed parking changes create a loss of 2 to 3 parking spaces for the site; however, she said that
Sunnyview was overparked by 20 spaces, and staff felt that the loss of the three spaces was not
significant.
Mr. Ron Zielske, Sunnyview Lutheran Home, referred to the site plan and indicated the location
where previous flooding had occurred and explained the mitigation measures used. He said that
because of some water in the buildings, they were considering the concept of the back parking lots
to be used as a holding tank for the water. He noted that the building elevation remained the same
as what was approved in 1998.
Com. Harris expressed concern about approving the application without seeing the updated plans.
She said she was not comfortable with approving the application, when they were aware there was
a dip, and it was subject to flooding and already had problems this year.
Mr. Cowan clarified that the Public Works Department and Mr. Zielske had discussed taking care
of some of the buildings in the far southwest corner of the property where there was previous
flooding; and it was being done on a case -by -case basis.
Mr. Zielske said he would be willing to make the turf blocks part of a condition of approval.
Vice Chair Harris opened the hearing for public comments; there was no one present who wished
to speak.
Com. Stevens said that it was an attempt to approve something that has not been laid out to the
satisfaction of reducing or eliminating flooding; and the proposal was to remove the basement for
underground parking because it has a high probability of flooding. He said he was not clear about
the reason for doing it, other than stating that underground parking was not needed.
Mr. Cowan said it was not staff s intent to be involved in the detailed aspects of the drainage
issue, other than to relay the plan changes as a result of the displacement of the cars below the
building. He said there were ongoing discussions with the city's engineer and the engineer for Mr.
Zielske on how to best solve the long term flooding aspect, and that it has been ongoing for the
last 3-4 years.
Com. Kwok said he supported the proposal although he was also concerned about the drainage
problem. He said it was Public Works' and staffs role to address the problem when the design
drawings are submitted and make sure the drainage problem is addressed. He said he had
reservations about the pipe as a holding storage and Public Works should investigate the flooding
problems along the pipelines to ensure that the problems are not passed to the neighboring
properties. He said he would support the project, with the condition of adding some turf blocks
and some drain rocks.
Com. Corr said that he felt the applicant had done a suitable job of responding to the issue of what
could be a problem with the cars in the basement being flooded out. He said he was in favor of the
turf block concept, but felt there was not a need for additional trees in the northeast corner because
of the slope, which he said may have been the reason they referred to trees at the north which
would include the new parking area. He said that although he was concerned about getting trees in
there, he supported the issue.
Planning Commission Minutes 4 January 25, 1999
Com. Harris said she preferred things in writing because in the future no one remembers what was
decided years ago, and all the principles change. She recommended the following changes:
Under additional landscaping Page 4-3, that it read "turf block and dry well shall be placed in the
new parking area" and she stated the drainage item, Item 8 on Page 4-4, only addresses offsite
drainage and not onsite drainage. She recommended that the language read: "on and offsite
drainage" as she felt the drainage on the property was important as well.
MOTION: Com. Stevens moved that Application 13-U-97(M) with the conditions modified
in Item 2, additional landscaping, having the words "turf block and dry wells shall
be placed in the new parking area", and Paragraph 8, have drainage defined as on
and offsite
SECOND: Com. Corr
ABSENT: Com. Doyle
VOTE: Passed
4-0-0
Chairman Doyle returned to the meeting and resumed chairing the meeting.
Application No.: 41-EA-98
Applicant: City of Cupertino
Location: Citywide
Amendments to Chapter 19.124 of the Cupertino Municipal Code to streamline the procedure
regarding conditional use permits and variances.
Tentative City Council Meeting date: February 16, 1999
Staff presentation: Ms. Gil explained that the primary purpose of the amendment was to eliminate
the setting of a public hearing before a decision making body when a use permit or a variance
expires. She reviewed the changes made to the ordinance by the City Attorney, with his direction
to the Planning Commission to take the ordinance as a whole, stating that the primary purpose was
to eliminate that public hearing process, noting that the city attorney had in some cases
consolidated language and in some cases felt it was necessary to insert additional words. She
noted the two wording changes made as noted in the staff report. Staff recommends a negative
declaration and that the amendments be approved.
In response to Com. Stevens' concern about the vague meaning of the wording "prior to
expiration" on Page 5-4, Ms. Eileen Murray, Assistant City Attorney, said it did not matter as long
as it was prior to expiration. Mr. Cowan noted that if there was a change in ownership, there
would not be a need for a change, as it runs with the land.
Chair Doyle opened the meeting for public input; there was no one present who wished to speak.
MOTION: Com. Harris moved to approve Application 41-EA-98 according to the model
resolution, including changes discussed above
SECOND: Com. Kwok
VOTE: Passed 5-0-0
6. Application No.(s): 11-Z-97, 8-EA-98 Amendment to RI -Ordinance
Applicant: City of Cupertino
Location: Citywide
Planning Commission Minutes 5 January 25, 1999
Scope of work for design guidelines for R-1 Ordinance
Staff presentation: Ms. Michele Bjurman, Planner II, reported that during the development of the
project as a whole, the Planning Commission met with staff and the City Council and several
subcommittees comprised of architects, engineers, and parts of the development community in
order to identify what concerns about single family homes the Planning Commission and City
Council had, and the outcome of the meetings. She explained the three phases: (1) Privacy
protection measures currently in effect including a combination of landscape requirements and
window alignment requirements, as a result of the Planning Commission and City Council
concurred that there needed to be some type of regulation for the control of privacy from new
single family 2 story homes being built, and their impact to existing single family homes in a
neighborhood. (2) The second phase related to building mass. When the scope of work for the
building mass was developed, it was decided that they did not want to develop design regulations
for all new, single family homes, and/or all new single two story additions in single family zoning
districts because it would be over regulating; they wanted to allow architects the flexibility of
design, but that there may be portions of the community that do have architectural types that may
need to have architectural control; the major concern being with building mass. The Planning
Commission adopted and recommended to the City Council a series of building mass regulations
which included sliding scale FAR, and some changes on how to calculate building mass for first
and second story relationships, and the series of other changes to what is included in the
calculation of FAR along with many other changes that the City Council will be considering.
Ms. Bjurman reported that the remaining portion of the project, which is the Phase 3 design phase
would be addressed. Staff was directed to conduct a survey of architectural types in the
community with Mr. Srebnik and draw some conclusions from that and make recommendations
about what portions of the community, architecturally were significant and should be protected.
She noted that the findings were included in the staff report, and a slide presentation identifying
the different architectural styles within the community would be shown.
Ms. Bjurman said that staff was approached by the Fairgrove neighbors which are Eichler homes
and they submitted a survey to staff expressing their interest in preserving their look, feel and
privacy of their particular Eichler design. She said that staff was suggesting that the Planning
Commission direct staff to have a series of meetings with their subcommittee to identify what
types of things they would like to have included in any design regulations for that neighborhood.
She noted that a decision was needed on how the regulations would be applied, such as rezoning
the entire neighborhood into one of two different zoning districts, one would be a Planning
Developing zoning district which would require that any new addition or new two story home be
required to have architectural review, which would provide some discretion in the design and staff
would develop design guidelines which would not be mandatory and would be used by the
deciding body to decide how to apply them to the architectural style. The other method would be
to rezone the neighborhood to a special zoning district, such as RI-E, designating Eichler, and
develop specific mandatory guidelines specific to Eichler homes, and the homeowner in
conjunction with the architect would do a building design that would be consistent with those and
apply for a building permit, and avoid a public hearing unless they were not consistent.
Ms. Bjurman showed a slide presentation which illustrated the Polynesian -ranch style
neighborhood, which staff feels is architecturally, but not historically unique. She reported that
staff forwarded a copy of the staff report to the neighbors in the area and asked for feedback
whether they would like to have architectural protection for their particular style homes. She said
Planning Commission Minutes 6 January 25, 1999
staff would present the response to the Planning Commission at the end of February, noting that
only by the request of the homeowners, would they be interested in protecting that particular style.
Mr. Mark Srebnik, contract architect, showed a slide presentation of a variety of ranch homes in
the Cupertino area which consisted of one story ranch, 1-1/2 story ranch, two story ranch, split
level, and homes with additions. He also showed slides of the Eichler homes and the Polynesian -
ranch style homes.
Com. Harris suggested that in order to be proactive a publication notice be given to all Cupertino
residents in the event there were other groups interested in preserving their particular style home,
and were not present at the meeting.
Chair Doyle listed the issues of concern: (1) neighborhood specific design review, particularly
discussing where the threshold for that is; (2) neighborhood survey, with two options (3)
streetscape — to disallow removal or require tree planting; (4) publication notice to all Cupertino
residents regarding their possible desire to preserve their distinctive neighborhood; and (5)
sidewalk tree plantings.
Chair Doyle opened the meeting for public comment.
Mrs. Nancy Burnett, Stendahl Lane, said that a survey of the Eichler neighborhood was included
as part of the staff report, and noted that another survey related to the characteristics that make up
the unique feeling of the Eichler neighborhood, had recently taken place, the results of which
would be presented as a later date. She referred to a book entitled Design For Living — Eichler
homes, and said she would be happy to provide the Planning Department with a copy. She also
presented a copy of an Eichler newsletter, and noted that a Palo Alto Eichler home was named
Home of the Year for Metropolitan Home Magazine. She pointed out that there were no Eichler
homes in Rancho Rinconada, but designs referred to a pseudo Eichlers. Mrs. Burnett thanked the
Planning Commission for recognizing the Eichler homes for their uniqueness and said the owners
were proud of their homes. She welcomed new Planning Commissioners Patrick Kwok and
Charles Corr, and congratulated Chairman Doyle for being nominated chairman.
Ms. L. Baltusis, resident, said she appreciated Com. Harris' suggestions about being proactive in
the community. She said she appreciated the opportunity to attend the meetings and the
workshops, and said it was difficult to summarize one's passions in a short speech. She expressed
concern that all the decisions are being made by architects and builders, and said it would be
helpful to have input from the public as they have a different perspective.
Chair Doyle closed the public hearing.
The Planning Commission commented on the following recommendations:
1. Planning Commission should direct staff to meet with Polynesian Ranch, Rancho
Rinconada and Eichler groups and return with design criteria.
2. Planning Commission should decide between the two approaches for implementation of
the design criteria on the Eichler neighborhood.
3. Planning Commission should continue the discussion on the Polynesian -style design
criteria until its February 22 meeting.
4. Planning Commission should decide whether the existing Heritage and Specimen Tree
ordinance should be reviewed to either require tree planting in the front yards of new two
story homes/additions or to add new specimen trees for preservation.
Planning Commission Minutes
January 25, 1999
5. Direct staff to return to the February 22 Planning Commission meeting with the sidewalk
and street tree planting policies.
6. Discuss whether the Planning Commission wants to further address the building
orientation and garage domination topics.
Com. Stevens said that he would deviate slightly, because he felt they were putting in detail
without hitting the overall concept they were trying to address with the design; in that if the desire
is that new additions, or second stories should complement that neighborhood, and not be unique
in that neighborhood; try to have the second story or addition blend with the same architectural
style. He said he felt that was the goal, and he was in favor of it. He said that he agreed with
Com. Harris' suggestion about other areas identifying their distinctive style, but not that it be
every five or six houses.
Com. Kwok said it was a good idea to have input from the Fairgrove neighbors, but the whole
community should be involved because public input is important.
Com. Corr said that the community is concerned about what is being built, however, a specific
concern is being addressed, namely should there in addition to the normal care taken with planning
any construction, should specific neighborhoods be addressed that are architecturally unique and
then give them special consideration that states because it is so unique, it should stay the way it is.
He said it may be more restrictive in a way that would be the case throughout the city, and he was
not opposed to that. He suggested that the Eichler name be removed from any reference to
Rancho Rinconada. He concurred also that the staff should visit all the neighborhoods.
Com. Harris said she felt if they were going to come up with some specific architectural ideas for
the Eichler area, she would like more information and would like to review the book Mrs. Burnett
mentioned. She also suggested a field trip to Eichler neighborhoods, Rancho Rinconada and also
the Polynesian ranch neighborhood, with a public notice to residents, so that they could be
included in the field trip if they were interested. She also suggested visiting the Palo Alto Eichler
neighborhood for ideas on how to plan the design rules.
Com. Harris said she felt Nos. 1 and 2 went together, and said if it is done as a Planned
Development, each one would have to be addressed unless there was a discretionary review. She
said it was considered before and they decided not to do that. Com. Harris said that she felt No. 2
was appropriate, to come up with the classification of RI-E, require conformance to the design
criteria developed and then have an exception policy, wherein the Planning Commission would
see the exceptions instead of each time someone wants a change. She said that it should not be put
off, but that staff should proceed with it, if any neighborhoods contacted them after the public
notice.
Com. Doyle said he agreed that staff should work with the neighborhoods; with the Eichler
neighborhood drawing a strong consensus. He said he felt as a group they should try to set a
threshold and make it the people's responsibility to see if they think that they should be a special
district. He said care should be taken to set a threshold that 2/3 of the designated neighborhood be
in agreement and have some restrictions or criteria defined for them. He said he felt they should
proceed with the Eichlers, but let the neighborhoods define what they want for their specific
homes. He recommended not going to the other neighborhoods, but waiting to hear from them
following the public noticing. Com. Harris concurred.
Planning Commission Minutes g January 25, 1999
There was a consensus to do a public notice, proceed with the Eichler investigation; after the
public noticing, see what kind of response there is from the other neighborhoods and discuss the
percentages later.
Com. Harris said that she commented on No. 2 earlier, that she wanted to have design Rl-E with a
set of standards as opposed to individual review of each. Relative to No. 3, she recommended
visiting the Polynesian -ranch neighborhood before reaching a decision. She said she was in favor
of expanding the Heritage Tree ordinance to native tree, etc. of a certain size. She said that she
was in favor of planning modernization of the house keeping in mind the trees that are already on
site and dealing with streetscape and planting in front yards. Com. Harris pointed out that
streetscape was a key issue, and felt that Public works would not want to pay for a large amount of
street trees, which would leave the responsibility of mitigation to the people doing the remodeling.
Relative to building orientation and garage domination, Com. Harris said that it was a major issue
on Stelling Road, with the side of the houses facing Stelling Road instead of the front. She said
she was opposed to the swath of concrete on most of the garages, but that it was possible to
mitigate it with attractive windows. She said that she was also in favor of the citywide notice to
the neighborhoods.
Com. Corr, said that relative to No. 2, he was in favor of the special classification; he was in favor
of continuing the Polynesian -ranch discussion to Feb. 22; was in favor of the Heritage Tree
ordinance with disallowing removal; No. 5 is appropriate; abstain on the garage issue as he was
not familiar with the issue; he was in favor of the citywide notice and the exception process.
Com. Kwok said that Nos. 1 through 7 were appropriate; but he felt he needed more information
about the two approaches and needed to talk to staff more about the pros and cons; stated that
discussing the variance is a long, time consuming process, but at the same time will give some
flexibility. He said he needed more information before reaching a decision on No. 2; and
questioned whether the garage domination issue was the design or orientation of the garage.
Ms. Bjurman said that there was a concern about the design, but staff would come back with
examples of different situations where garages dominate and discuss whether there is an issue.
Com. Harris clarified the garage domination issue. Com. Kwok said he did not have an issue with
the citywide notice to neighborhoods, as long as it did not become a burden to staff.
Com. Stevens reemphasized his first statement, that compatibility of a new structure to fit in an
existing neighborhood is the objective, and if the area is so unique like the Eichlers because they
are so unique, that that may be more restrictive, as far as making them compatible. If it was an
area other than the Eichler or Polynesian -ranch, then it would be less restrictive, which is the
concept he was in favor of. He said he was not looking to identify various areas, but for an overall
city policy with accent on particular areas if the people wish that. He said of the two approaches,
the Rl-E designation was his choice. Com. Stevens said that the Heritage Tree and Specimen
Tree Ordinance was suitable. Relative to No. 5, Com. Stevens said that he would like to come
back with the sidewalk and street planning policy. He said he had a curved driveway at his home;
however, three car garages were becoming dominant and popular, and as mentioned by Com.
Harris would fall out of compatibility with the neighborhood, and he was concerned about it. He
said he was in favor of citywide notice, and the exception process.
Chair Doyle said from his perspective, relative to No. 2, there should be a special zoning district,
wait on the Polynesian -ranch style until closer to a more definitive answer whether they are
inclusive or not. Relative to the Heritage Tree ordinance, he said he felt they should review the
Planning Commission Minutes 9 January 25, 1999
street tree part of it, and not relax it any on the heritage tree. Chair Doyle said he concurred with
Com. Harris about the garage orientation, that it dominates the house, especially with the 3 car
garages, and any way to mitigate it would be appropriate. He said he agreed with Ms. Bjurman's
suggestion to bring back examples of garage domination. He said that he was in favor of the
citywide notice and the exception process.
Ms. Bjurman summarized that no vote was needed and the staff direction was clear. She said staff
would meet with the Fairgrove neighbors with the idea of developing a rezoning with an exception
process; wait for feedback from the Polynesian -ranch neighborhoods, and report back by the
February 22" d timeline. She said at that time staff will also attempt to bring more information
about the street tree policies which will lead into an expansion potentially of the tree ordinance
and discuss further protection of trees for construction. Ms. Bjurman said that staff will also
return with expanded information on garages and building orientation; and in the meantime will
send out a citywide public notice about specific neighborhoods and whether people are interested
in trying to create a threshold that they can address the John Way consensus issue.
Mr. Cowan said that he would forward the February 2" d City Council packet for the item to Corns.
Kwok and Corr, so that they would have the previous background material to review.
MOTION: Com. Stevens moved to continue Application 11-Z-97, 8-E-98 to the February 22,
1999 Planning Commission meeting
SECOND: Com. Corr
VOTE: Passed 5-0-0
7. Application No.(s): 36-EA-98 Amendments to Accessory Structure and Tree
Ordinance
Applicant: City of Cupertino
Location: Citywide
Consideration of modification to Chapter 19.80 Accessory Buildings/Structures and Chapter 14.18
(Heritage & Specimen Trees) related to privacy protection measures.
Tentative City Council Hearing date: February 16, 1999
Staff presentation: Ms. Bjurman reviewed the three issues related to the accessory
buildings/structures ordinance, including the privacy protection related to second story decks;
detached accessory buildings — privacy impacts; and second dwelling unit ordinance modification,
as outlined in the attached staff report.
Staff recommends: (1) Discuss either the creation of an exception process for new second story
decks or requiring side facing decks to comply with the privacy protection requirements; (2) The
Planning Commission may want to consider amending the accessory structure ordinance to require
obscure windows or new windows on detached accessory buildings which are less than 5 ft. to a
property line. These alternatives are provided in the draft ordinance, should the Planning
Commission elect to recommend it; and (3) The Planning Commission should recommend to the
City Council adoption of the second dwelling unit ordinance modifications to clarify that two
story, second dwelling units must be attached to the primary residence.
Staff answered questions relative to the privacy protection measures.
Chair Doyle opened the meeting for public comment.
Planning Commission Minutes 10 January 25, 1999
Mrs. Marion Alice Jarrett, Scofield Drive, said that she had resided in her home since 1951, and
she was concerned about the prospect of new residents having to deal with a neighbor's window
which is similar to having a second story looking into her yard which is very open with a pool,
grass and a house with big windows, looking through her house, which is a violation of her
privacy. She expressed her appreciation for having her concern agendized to be addressed. She
said 8 foot landscaping mitigation would only shade her pool in the autumn when she should be
able to enjoy the benefits of her swim pool.
Chair Doyle closed the public input portion of the meeting.
Com. Stevens pointed out that whatever the mitigation is, it would not affect Ms. Jarrett because
the neighbor's structure has already been built; but that they should try to eliminate it reoccurring
in the future. He said modification of the fence on her side could eliminate that particular
problem, and recommended it if it meets with her approval to pursue it. He said relative to the
exception process for new second story decks, a deck is not the same as a window; one has 180
degree view and the other you are inside the building looking out, therefore the 30 degree/60
degree span would be applicable to windows, but a deck is completely different and creation of an
exception process for a deck is appropriate. Com. Stevens said he concurred with No. 2. Relative
to No. 3, he said he thought it was resolved, but recommended that the second story addition be
attached to the main house, so it is looked at as one.
Com. Kwok said he concurred with Nos. 1, 2 and 3 and also concurred with Com. Stevens'
comment that deck and windows are totally different. He said sometimes windows are 60/40
which is compared with a deck which could be 10 or 12 feet long, therefore it is difficult to
provide mitigation measures as part of the privacy act; flexibility is needed and the same
guidelines as the windows do not need to be followed. He concluded that he was supportive of
Nos. 1, 2 and 3.
Com. Corr said that he concurred about the windows and deck; and relative to the accessory
structure to put obscure windows or no windows facing the yard. He said he agreed with the
adoption of the second dwelling unit.
Ms. Bjurman clarified that all second story decks would be required to go before the Planning
Commission through an exception process, and the review process will be to see how the deck
itself will impact positively or negative privacy protection to adjoining properties. In order to grant
an exception, they would have to meet findings that they are not creating significant visual impact
to the adjoining house or privacy impact to the adjoining property.
Com. Harris said she concurred with Ms. Bjurman's clarification. She said she did not agree with
the accessory structure ordinance, obscuring the window, and questioned how it was different than
a house built next to another house. She said that when someone builds a new accessory structure
close to the fence, they should be required to put in landscaping; not obscure windows because
they may be more intrusive to the neighbor five feet away. Relative to No. 1, Com. Harris said
that the issue of writing the exception such that the side or rear of the house is called the side, and
a deck cannot be built unless there is 15 feet setback. She said she was in favor of No. 3 if the lot
is less than %2 acre, noting that there were many residential lots and residential hillside lots where a
second residence for in-laws was needed, and if the lot is large enough, she felt the house did not
have to be attached. She said that she was not opposed to a detached two story accessory building
if the lot exceeded'/2 acre.
Planning Commission Minutes 11 January 25, 1999
Chair Doyle said that the second story decks should go through the review process; an exception
would be required that it be reviewed and a decision made whether it meets privacy requirements
or not. Relative to No. 2, Chair Doyle said that he felt the 5 foot requirement was adequate, with
some flexibility in fence height. He said he was opposed to the landscape solution, because
typically building a 20 foot fence would block the sunlight and may not be the intrusion desired;
the better alternative might be opaque materials used on the windows on the sides. Relative to the
second story dwelling, he said he felt it should be attached if they are second story even on very
large lots. He said if there are going to be impacts, the impacts should not be on the adjoining
property.
Ms. Bjurman clarified the change required to the ordinance was on Page 2 (Page 7-5 of the staff
report) Item Jb would be deleted; Ja would remain. Staff was directed by Com. Harris to clarify
the definition of front, side and rear and what is accepted there, and noted that would be the only
change required. Com. Harris said she would not be opposed to the opaque material.
MOTION: Com. Corr moved to approve Application 11-Z-97 and 36-EA-98 as discussed and
amended
SECOND: Com. Kwok
VOTE: Passed 5-0-0
OLD BUSINESS: None
NEW BUSINESS:
There was a brief discussion regarding the meeting schedule for the Housing Committee and the
Environmental Review Committee.
MOTION: Com. Harris nominated Com. Stevens to serve on the Environmental Review
Committee
SECOND: Com. Kwok
VOTE: Passed 5-0-0
MOTION: Com. Stevens nominated Com. Corr to serve on the Housing Committee
SECOND: Com. Kwok
VOTE: Passed 5-0-0
MOTION: Com. Harris nominated Com. Stevens to serve as an alternate on the Housing
Committee, and Com. Kwok as an alternate for the Environmental Review
Committee
SECOND: Com. Corr
VOTE: Passed 5-0-0
REPORT OF THE PLANNING COMMISSION: Com. Doyle proposed that a workshop be
held for the new Planning Commissioners to provide them with a background of the history of the
Planning Commission and acclimate them to their positions.
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Mr. Cowan
reviewed the recent City Council agenda and items relating to the Planning Commission.
DISCUSSION OF NEWSPAPER CLIPPINGS: None
Planning Commission Minutes 12 January 25, 1999
ADJOURNMENT: The meeting adjourned at 9:10 p.m. to the regular Planning Commission
at 6:45 p.m. on February 8, 1999
Respectfully Submitted,
Elizabeth Ellis
Recording Secretary
Approved as presented: February 8, 1999