PC Summary 08-25-09City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To: Mayor and City Council Members
From: Aarti Shrivastava, Director of Community Development
Date: August 26, 2009
Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE
August 25, 2009
Chapter 19.32 of the Cupertino Municipal code provides for
appeal of decisions made by the Planning Commission
1. Application
EXT-2009-01, EXT-2009-02, Sing-Chung Sam & Diana Hu, 10217 Pasadena Ave
Description
Extension request for a one year extension for the Use Permit (U-2007-05) to
construct two single family residences, 2,838 square feet each, in a planned
development zoning district to August 14, 2010;
Extension request for a one year extension for the Architectural & Site Approval
(ASA-2007-09) for two single family residences, 2,838 square feet each, in a
planned development zoning district to August 14, 2010.
Action
The Planning Commission approved the application on a 5-0 vote.
Enclosures:
Planning Commission (consent item) Report of August 25, 2009
g:planning/Post Hearing/summary to cc082509
CITY OF
CUPERTINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
SUMMARY
Agenda Item No. ~-Ei~l~l`.~' h-~'
Agenda Date: August 25, 2009
Application: EXT-2009-01, EXT-2009-02 (CONSENT)
Applicant & Owner: Sing-Chung Sam Hu & Diana Hu
Location: 10217 Pasadena Ave
APN 316-18-025
APPLICATION SUMMARY:
• Approve a request for a one year extension for the Use Permit (U-2007-05) for two
residential units at the project site to August 24, 2010, Application No. EXT-2009-01
• Approve a request for a one year extension for the Architectural & Site Approval
(ASA-2007-09) to August 24, 2010, Application No. EXT-2009-02
RECOMMENDATION:
Staff recommends that the Planning Commission grant the one-year time extension for
the use permit and architectural and site approval that would extend the approvals to
August 24, 2010.
BACKGROUND:
On August 14, 2007, the Planning Commission approved a use permit and architectural
and site approval to allow the development of two single family residences, 2,838
square feet each, in a planned development zoning district (See Attachment A).
Due to economic conditions, the applicant is requesting aone-year extension of these
approvals (See Attachment B). The applicant is not requesting an extension of the
tentative map since AB333 signed recently by the Governor of California, allows an
automatic extension of two years to an approved tentative map (See Attachment C) to
August 14, 2011.
DISCUSSION:
City ordinance (Cupertino Municipal Code sections 19.124.100 and 19.134.100)
authorizes the original approval authority, in this case the Planning Commission, to
extend project approvals for a maximum of one year without a public hearing.
Therefore, the applicant's request is being presented to the Planning Commission as a
consent item.
Prepared by: Piu Ghosh
EXT-2009-01, EXT-2009-02
Extension of project approvals for 10217 Pasadena Avenue
Page 2
August 25, 2009
Submitted by:
I
~~ ;~
Chao Aarti Shrivastava
City Planner Director of Community Development
Attachments
Attachment 1: Planning Commission action letter with plan set
Attachment 2: Request letter from Property owner
Attachment 3: Senate Rules Committee Analysis on Bill AB33
IlCupertinosanlGroupslPlanninglPDREPORTIPc EXT ReportslEXT-2009-01 And EXT-2009-02.Doc
Attachment 1
lU3UU l orre Avenue
Cupertino, CA 95014
F (408) 777-3308
C U PEt~TI NO ~ ~ (408) P77-3333
es; ;,M,~t~i ~le~tel men# ~ersrtrnent
August 15, 2007
Terry Brown
10491 Scenic Blvd
Cupertino, Ca. 95014
SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2007-05, ASA-
2007-09, TM-2007-10
This letter confirms the decision of the Planning Commission, given at the
meeting of August 14, 2007, approving a Use Permit and Architectural and Site
approval to construct two single family residential units and the approval of a
Tentative Map to create two parcels of 6,240 square feet each, located at 10217
Pasadena Ave, according to Planning Commission Resolution Nos. 6478, 6479
and 6480.
Please be aware that if this permit is not used within atwo-year period, it shall
expire on August 14, 2009.
Please note that an appeal of this decision can be made within 14 calendar days
from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
Sincerely,
Piu Ghosh
Assistant Planner
Enclosures
Resolutions 6478, 6479 and 6480
CC :Diana Hu, 1038 Windsor St., San Jose CA 95129
Printed on Recycled Paper
U-2007-05
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION N0.6480
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
USE PERMIT TO CONSTRUCT TWO SINGLE FAMILY RESIDENTIAL UNITS AT
10217 PASADENA AVE
SECTION I: PROTECT DESCRIPTION
Application No.: U-2007-05
Applicant (s): Terry Brown (Diana Hu)
Property Location: 10217 Pasadena Ave
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Use Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
1. The proposed use, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposed use will be located and conducted in a manner in accord with the
Cupertino General Plan, the Vallco Development Agreement and the purpose of this
title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. U-2007-05 is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application U-2007-05, as set forth in the Minutes of the Planning Commission Meeting
of August 14, 2007 and are incorporated by reference herein.
Resolution No. 6480 U-2007-05 August 14, 2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on plan set "10217 Pasadena Ave, Cupertino, CA 95014" stamped
"Received August 7, 2007", consisting of 11 pages labeled 0.1, 2 of 12, 3 of 12, 4 of 12,
5 of 12, 6 of 12, 7 of 12, 8 of 12, 9 of 12, 10 of 12, 11 of 12, except as amended by the
Conditions contained in this Resolution.
2. DEVELOPMENT APPROVAL
Approval is granted to construct 2 units.
3. CORRECTION TO SITE PLAN
The Site Plan shall be corrected to reflect that Residence 1 is the home on the north
lot and Residence 2 is the home on the south lot.
4. PRIVACY PROTECTION
The Privacy Protection Plan shall be revised to satisfy the requirements as outlined
by the Cupertino City Ordinance. Final Privacy Protection Plan shall be reviewed
and approved by the Director of Community Development prior to issuance of
building permits.
5. PROTECTED TREES
The two redwood trees, one 22" redwood and one 10" redwood, in the southwest
corner of the property shall be retained as protected trees.
6. TREE PROTECTION
As part of the demolition or building permit drawings, a tree protection plan shall
be prepared by a certified arborist for the trees to be retained. In addition, the
following measures shall be added to the protection plan:
- For trees to be retained, chain link fencing and other root protection shall be
installed around the drip line of the tree prior to any project site work.
- No parking or vehicle traffic shall be allowed under root zones, unless using
buffers approved by the Project Arborist.
- No trenching within the critical root zone area is allowed. If trenching is
needed in the vicinity of trees to be retained, the City's consulting arborist
shall be consulted before any trenching or root cutting beneath the drip line
of the tree.
- Wood chip mulch shall be evenly spread inside the tree projection fence to a
four-inch depth.
- Tree protection conditions shall be posted on the tree protection barriers.
- Retained trees shall be watered to maintain them in good health.
- A covenant on the property shall be recorded that identifies all the protected
trees, prior to final occupancy.
The tree protection measures shall be inspected and approved by the certified
arborist prior to issuance of building permits. The City's consulting arborist shall
Resolution No. 6480 U-2007-05 August 14, 2007
Page 3
inspect the trees to be retained and shall provide reviews prior to issuance of
demolition, grading or building permits. A report ascertaining the good health of
the trees mentioned above shall be provided prior to issuance of final occupancy.
7. FRONT YARD TREE
One tree shall be planted on each homes front yard.
8. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant
to Government Code Section 66020(d) (1), these Conditions constitute written notice
of a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90-day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
9. OFF SITE IMPROVEMENTS
Curbs and gutters, sidewalks, streetlights, street widening and related structures
shall be installed in accordance with grades and standards as specified by the City
Engineer.
If street lighting is required, street lighting shall be installed and shall be as
approved by the City Engineer. Lighting fixtures shall be positioned so as to
preclude glare and other forms of visual interference to adjoining properties, and
shall be no higher than the maximum height permitted by the zone in which the site
is located.
10. GRADING
Grading shall be as approved and required by the City Engineer in accordance with
Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits
maybe required. Please contact Army Corp of Engineers and/or Regional Water
Quality Control Board as appropriate.
11. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer.
*Pre and Post-development calculations must be provided.
12. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. Ordinance No. 331 requires all overhead lines to be
underground whether the lines are new or existing. The developer shall submit
Resolution No. 6480 U-2007-05 August 14, 2007
Page 4
detailed plans showing utility underground provisions. Said plans shall be subject
to prior approval of the affected Utility provider and the City Engineer.
13. IMPROVEMENT AGREEMENT
The project developer shall enter into a development agreement with the City of
Cupertino providing for payment of fees, including but not limited to checking and
inspection fees, storm drain fees, park dedication fees and fees for under grounding
of utilities. Said agreement shall be executed prior to issuance of construction
permits.
Fees:
a. Grading Permit Fee:
b. Checking and Inspection Fee:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
$ 6% of On Site Improvement Costs or
$ 2,163.00 minimum
$ 5% of Off Site Improvement Costs or
$ 2,304.00 minimum
$1,000.00
$ 369.59
To be Determined **
$ 3,515.00
$ N/A
Bonds (Required):
a. On-Site Improvements Bond: 100% Performance Bond
b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond
-The fees described above are imposed based upon the current fee schedule
adopted by the City Council. However, the fees imposed herein may be modified
at the time of recordation of a final map or issuance of a building permit in the
event of said change or changes, the fees changed at that time will reflect the then
current fee schedule.
** Developer is required for one-year power cost for streetlights
14. UTILITY LETTER
The applicant must obtain a will serve letter from each utility company (PG&E,
California Water, Cupertino Sanitary District, SBC), Santa Clara County Fire and
City of Cupertino prior to parcel map recordation.
15. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING /SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of this
resolution conform to generally accepted engineering practices
/s/Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
Sing Chung Sam Hu
Diana Hu
dynastyhus@yahoo.com
1038 Windsor St.
San Jose, CA 95129
Home :(408)252-0571
Cell: (408)859-5539
August 4, 2009
City of Cupertino
Community Development Department
Planning Division
10300 Torre Avenue
Cupertino, CA 95014
Phone: 408-777-3308
RE: Request Extension of Use Permit U-2007-OS at 10217 Pasadena Ave.
Hi:
The original plan is to refinance the recent complete Mix-Use building at 10026 Orange Ave to fund the
construction of 10217 Pasadena. However, the commercial loan was not easily available due to financial
market melt down since Sept. 2008.
Hence, I request City of Cupertino to grant the extension of Use Permit U-2007-OS at 10217 Pasadena
Ave. This will allow more time to obtain financial to fund the construction.
Please consider the recent improvement in economic environment and grant the extension. Feel free to
contact me for any question.
Regards,
`°/Sing-Chung Sam Hu
Owner of 10217 Pasadena Ave. Property
Attachment: Letter of Planning Commission Action Letter - U-2007-OS
Attachment 3
BILL ANALYSIS
------------------------------------------------------------
ISENATE RULES COMMITTEE I AB
3331
1Office of Senate Floor Analyses 1
I
11020 N Street, Suite 524 1
I
1(916) 651-1520 Fax: (916) 1
I
1327-4478 I
I
------------------------------------------------------------
THIRD READING
Bill No: AB 333
Author: Fuentes (D)
Amended: 05/04/09 in Assembly
Vote: 27 - Urgency
SENATE LOCAL GOVERNMENT COMMITTEE 5-0, 6/17/09
AYES: Wiggins, Cox, Aanestad, Kehoe, Wolk
SENATE APPROPRIATIONS COMMITTEE Senate Rule 28.8
ASSEMBLY FLOOR
for vote
76-0, 5/28/09 (Consent) - See last page
SUBJECT Land use: subdivision maps: expiration dates
SOURCE California Building Industry Association
California League of Cities
DIGEST This bill extends the expiration dates by 24
months for tentative maps issued to developers, provided
their approval date has not expired when this bill takes
effect.
ANALYSIS Under the Subdivision Map Act, cities and
counties approve tentative maps that must be consistent
with their general plans, attaching scores of conditions.
Once subdividers comply with. those conditions, local
officials must issue final maps. For smaller subdivisions
(lot splits) local officials usually use parcel maps, but
they can require tentative parcel maps followed by final
CONTINUED
AB 333
Page
parcel maps.
Tentative maps can be valid for up to 16 years:
The initial life of a tentative map is two years. At the
option of the city or county, a map's initial life can be
three years.
Local officials can grant extensions for up to six years.
If the subdivider spends substantial funds and files phased
final maps, the remaining tentative map is automatically
extended by three years, up to a maximum of ten years.
These deadlines don't apply during development moratoria
(up to five years) or during pending litigation (up to five
years).
The Legislature extended the life of unexpired tentative
maps, without local review or approval. Legislators said
that tentative maps that were valid on:
September 13, 1993, gained two more years (SB 428
[Thompson], Chapter 407, Statutes of 1993).
May 14, 1996, gained one more year (AB 771 [Aguiar],
Chapter 46, Statutes of 1996).
July 15, 2008, gained one more year (SB 1185 [Lowenthal],
Chapter 124, Statutes of 2008).
This bill extends the expiration date by 24 months for any
tentative map, vesting tentative map, or parcel map for
which a tentative map or tentative vesting map has been
approved and the approval has not expired when this urgency
bill takes effect. This extension is in addition to any
other statutory extensions.
For any legislative, administrative or other approval by a
state agency relating to a development project in a
subdivision affected by this bill that has not expired when
the bill takes effect, this bill extends the expiration
date by 24 months. This extension is in addition to any
other statutory extensions.
AB 333
Page
3
This bill reduces, from five years to three years, the
period of time after the approval of a tentative map or
recordation of a parcel map during which a city or county
is prohibited, with exceptions, from imposing specified
conditions on a building permit.
The bill states that the prohibition on conditions being
placed on building permits does not prohibit a city,
county, or city and county from levying a fee or imposing a
condition that requires the payment of a fee upon the
issuance of a building permit or after the issuance,
including a fee as defined in the Mitigation Fee Act.
~~mmPnts
Until the demand for new housing resumes, subdividers
aren't likely to complete the required conditions of their
tentative maps and qualify for final maps. With statutory
time limits looming, some builders risk losing their
earlier approvals and having to start over again. Similar
to the Legislature's three earlier responses during other
market slumps, this bill preserves subdividers' ability to
complete their conditions so that they can build houses
once California's economy picks up again.
This bill largely replicates the language in last year's
Lowenthal bill. However, this bill includes additional
provisions relating to the conditions that cities and
counties can place on building permits during the five
years after the approval of a tentative map or recordation
of a parcel map. By reducing, from five years to three
years, the period of time during which cities and counties
are prohibited from placing specified conditions on the
issuance of any building permit, and by stating that that
prohibition does not apply to specified permit fees, this
bill attempts to mitigate some of the impacts of repeated
subdivision and parcel map extensions on cities and
counties.
FISCAL EFFECT
Appropriation: No Fiscal Com.: Yes
Local: Yes
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PROJECT L~N'ATION
PROJECT DATA (ReadenceRlB@areesentialiv I I
P (RES)
6,240. SF.
1,407. SF.
9~. SF.
462. SF.
Z~, SF.
t,B~. SF.
747. SF.
3,099 SF.
IXLSTING ZONING
PROPOSED LOT S¢E
FIRST FLOOR
SECOND FLODR
GARAGE
TOTAL FLOOR AREA (InaudrgGerage.46FAR)
COVERAGE (30x)
BASEMENT
TOTAL LNING AREA
PROJECT NOTE
PA5 An~1A•
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INDEX OF DRAWINGS
1. STREET ELEVATION FOR THE PROJECT
2. SITE PLAN $ NOTES
3. RES. #1 - FIRST FLOOR PLAN, BASEMENT
4. - SEC, FLOOR PLAN, ROOF PLAN
5. - ELEVATIONS AND SECTION
6. - ELEVATIONS AND SECTION
7. RES. #2 - FIRST FLOOR PLAN, BASEMENT
8. - SEC. FLOOR PLAN, ROOF PLAN
9• - ELEVATIONS AND SECTION
10. - ELEVATIONS
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