The Cupertino Courier

News

Hillside zoning questions delay commission decision

By Cody Kraatz

Cupertino planning commissioners still have a lot of questions about the city's hillside zoning ordinances and how changes would affect property owners. So, before making a recommendation to the city council, they have decided to discuss it further at their March 13 meeting.

The commission also directed staff to conduct additional study on several points.

At issue is the January 2005 city council amendment to the R1 residential zoning ordinance, which generally applies to homes on the valley floor. It applied Residential Hillside ordinance (RHS) rules to R1 lots with an average slope of 15 percent or greater, said Gary Chao, an associate planner for the city.

The main difference between the two zones is how big of a house people are allowed to build. The R1 regulation permits a home up to 45 percent of the lot size, but the RHS standards also consider the slope of the lot and cap home size at 6,500 square feet.

At the commission meeting, some residents argued for continued protection of hillsides for aesthetic, safety and environmental reasons.

"You guys are trying to protect the city and I hope you just keep doing it," said resident John James, who wants to see the 15 percent overlay continue because he said it protects hillsides.

Others were fervent about having the law repealed.

"The public was not given a chance to come give their input before the change," said resident Shan Zhu, adding that a lack of information prevented the public from fighting the law. Zhu also emphasized the potential impact of the zoning change on property values.

Rick Santoro, who owns a large home on top of a hill that was shown in an aerial photo earlier during public comment, said he just wants his property to be valued and zoned as it was when he bought it--before the 15 percent rule. He quoted the Fifth Amendment of U.S. Constitution regarding citizens; right to due process before they are deprived of property.

"We should be extra sensitive to the appearance of favoritism," said resident Sherry Fang.

Commission vice chairman Cary Chien asked a couple of speakers if they felt they had been granted their day in court. They said yes, but that it was much too late.

The 2005 change was made in a regular session of the city council, and a general announcement was mailed out to all residents. However, the people who would be affected by the 15 percent overlay were not notified specifically because the city did not know, and still does not know, exactly what those effects would be or exactly who would be affected, said city planner Ciddy Wordell.

The commission asked staff for a tally of how many homes would be affected by a change, with separate tallies for foothill, watershed and miscellaneous areas, and how much land in the areas in question is vacant or open for development. They also wanted to know what building applications are currently under review and exactly how a change would affect the applicants' plans.

The city's 1993 General Plan calls for a division between RHS and R1 zones at the 10 percent slope line that runs along the base of the foothills.