 |
|
|
|
Urgency ordinance halts hill construction
By MICHELLE KU
For now, development on property with slopes 30 percent and greater will have to stop.
The City Council passed an urgency ordinance to freeze development on those lots, with a 4-1 vote at the March 15 meeting. Councilmember John Statton dissented.
The ordinance, which needed the approval of at least four of the councilmembers to pass, halted the development of graded portions of land.
Residents who have property with slopes greater than 30 percent can continue to develop if they construct on the flat portions, said Bob Cowan, director of community development.
"If you want to build on that 30 percent slope, then you have to go through an exception process," Cowan added. "Instead of using [single family residential] standards, you use residential hillside standards, which are more burdensome."
Single family residences are allowed a higher floor area ratio (FAR), the possible maximum size of a home based on how large the lot is. The size of homes zoned residential hillside is determined using the same ratio, but an additional formula is taken into account that decreases the FAR depending on the steepness of the lot.
The urgency ordinance, which created an interim zone, was effected immediately for a 45-day period during which the City Council must hold a public hearing to determine whether it will be extended for another 10 months while city staff determines if a permanent ordinance is needed. The public hearing has been scheduled for the April 19 City Council meeting.
The need for the urgency ordinance became an issue at the March 1 meeting when Tom McNair's application to build a home on the 22200 block of McClellan Road was appealed to the City Council. Neighbors were concerned that architectural plans would create a house that would jut out and intrude onto McClellan Ranch Park.
From discussions, the council concluded that the lot was quite steep and that the single family residential standards did not have the proper tools to regulate homes on such steep slopes, Cowan said.
Homes built on hillsides have a greater potential for soil erosion, and the requirements for lots zoned as single family residences do not properly address that.
In addition, since the hillside is more visible, there's a greater exposure to the community when homes are built there.
"The greater the house on a grade, there's more disruption," Cowan said. "It detracts from the natural appearance of the hillside."
At the March 1 meeting, Councilmember Michael Chang moved to have city staff prepare an urgency ordinance for a moratorium on all homes or remodels in a single family residential zone with slopes of 30 percent or more. He also directed staff to consider applying residential hillside guidelines to single family residences with slopes of 30 percent. Council passed the motion on a 3-1 vote with Statton dissenting and Don Burnett absent.
Following the directive of the council, planning staff presented the council with the ordinance.
"The issue from the council point of view is some houses on the valley floor are zoned [single family residential], but they might have some steep slopes on part of the property and to make sure that part is not developed," Cowan said.
|
|
|
|
Cupertino, California Since 1947
