The Cupertino Courier

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Council draws the line to protect city hillsides

By Cody Kraatz

Hillside protection is the Cupertino City Council's priority, but exactly how that is done using the city's zoning ordinances won't be decided until the planning commission makes a recommendation expected in August.

The council decided on May 1 to continue restricting home size and other features on R1 (single family residential) lots with a 15 percent or greater average slope. However, the limits apply only to those that lie in the foothills.

The planning commission could potentially create a new zone to incorporate hillside lots, including those zoned agricultural and R1.

"I think it needs to be something special" beyond the zoning tools already available to the council, said Councilman Orrin Mahoney. Councilman Richard Lowenthal suggested the planning commission incorporate any changes into the R1 ordinance so zoning does not get any more confusing.

The city realizes homeowners around the Stevens Creek flood plain would have been limited although their lots are not in the hills. So, it drew a line at the base of the foothills and the 15 percent restriction does not apply to R1 lots downhill from there.

"Part of what got us into this is spot zoning," said Councilwoman Dolly Sandoval, who would like to see zoning uniformity and an end to the fighting between neighbors.

As many as 20 residents organized by Lindy Lane resident Mark Santoro have complained at previous meetings that the 15 percent rule reduced their property value and complicated their building plans. Santoro said it cut his property value by about $1 million.

A handful of residents said every hillside lot should have steeper restrictions, even if it reduces some people's property values.

"Property rights affect everybody in the community," said Sara Arzeno, whose property is not directly affected but who wants stricter hillside building rules.

To learn more about the city's hillside zoning, go to www.amlegal.com/cupertino_ca and search for chapter 19.28, Single-Family Residential (R1) Zones.