105-D. Planning Commission Staff Report for Appeal of DIR-2010-30 dated 12/14/10.pdfAttachment D
CUP'ERTI-NO
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 a planning@cupertino.ozg
PLANNING COMMISSION STAFF REPORT
Agenda Item No. i
Application: DIR-2010-30 Appeal
Applicant: Linda Shen -Jung, GLSAA, LLC
Appellant: Erwin Wolf
Agenda Date: December 14, 2010
APPLICATION SUMMARY
Appeal of a Director's Minor Modification decision to allow paving in the front yard of
an existing duplex for the purpose of a parking stall at 967 Miller Avenue.
RECOMMENDATION
Staff recommends that the Commission uphold the Director's decision per the attached
resolution (see Attachment 1).
BACKGROUND
On September 23, 2010, the Director of Community Development approved a Director's
Minor Modification to allow the replacement of an 11 foot by 17 foot turf area with
pervious stone pavers in the front setback of an existing duplex for parking purposes
(see Attachment 2). The Planning Commissioners, Council Members and adjacent
property owners were mailed notices of the Director's action. An appeal was filed on
October 5, 2010 by Mr. Erwin Wolf (see Attachment 3). Mr. Wolf owns the adjacent
duplex to the north (957, 959 Miller Avenue), which shares a common driveway with
the applicant's duplex.
The duplexes were developed in San Jose before they were later annexed to the City of
Cupertino in 1979. At the time, San Jose required four parking spaces per duplex;
Cupertino's parking code requires six parking spaces per duplex. There is a wide swath
of landscaping in the front yard. The project was approved since the proposed parking
area was consistent with other sites in the neighborhood and served as an added vehicle
maneuvering area to improve the vehicular circulation and safety when entering or
exiting the driveway.
DISCUSSION
The appeicant's appeal is based on the following points (staff responses to each of the
points are in italics):
DIR-2010-30 appeal
965, 967 Miller Avenue
December 14, 2010
Pane 2
1) Safety - at present it is difficult to exit driveway into busy Miller Ave. With
proposed changes and a car or SUV parked therein, it is impossible to see the
sidewalk foot and bicycle traffic, accidents will happen.
Staff does not believe that vehicle parking in the front setback poses a significant safety risk.
If anything, the newly created stone paver area provides more vehicle maneuvering area that
would enhance circulation. While this pair of duplexes and several others in the area have
their parking sited toward the middle of their lots, many more duplexes in the Miller Avenue
area have garages and driveway aprons (in the front setback) that front directly on Miller
Avenue. There are no reports of vehicular/pedestrian/bicyclist accidents in this area because
of vehicle parking in the front setback.
2) Proposed parking area does not belong on the setback area without direct access to
it. It also degrades the appearance of the properties.
This particular duplex has been designed with rear parking (one garage space and one
driveway apron space per residential unit) and a shared driveway with the adjacent duplex.
The design arrangement creates a larger than normal landscaped front setback. Certainly,
parking is not prohibited in the front setback as evidenced by the numerous duplexes in the
area with garages that front on Miller Avenue. The proposed parking stall will take up 22
of the front landscape area and has direct access to the main driveway. Further, the use of
pervious stone pavers complements the existing front landscaping scheme and also retains
onsite storm water runoff.
Prepared by: Colin Jung, AICP, Senior Planner
Reviewed by:
a
City Planner
Approved by:
,ea/ 4
Aarti Shrivastava
Community Development Director
ATTACHMENTS
Attachment 1: Model Resolution
Attachment 2: Director's Minor Modification Memorandum dated September 23, 2010
Attachment 3: Appellent's Appeal Form dated October 5, 2010
G:planning/pdreport/Appeals/ 2010/DIR-2010-30 appeal pc.doc