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PC Summary 08-23-04 City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Steve Piasecki, Director of Community Development Date: August 24, 2004 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE August 23, 2004 Chapter 19.32 of the Cupertino Municipal code provides for a eaI of decisions made b the PIannin Commission 1. Application TM-2004-07, V-20O4-02; Qi Gary Li, 21851 Lornita Avenue Description Tentative Map to subdivide a .46-acre parcel into two lots of .22 acres each. Variance to reduce lot width from 60 feet to 50 feet to match neighborhood pattern. Action The Planning Commission approved the Tentative Map on a 4-1 vote and denied the Variance on a 5-0 vote. The fourteen-calendar day appeal will expire on September 7, 2004. Enclosures: Planning Commission Report of August 23, 2004 Planning Commission Resolution No. 6265 & 6266 Approved Exhibits g'1Ilanning/Post Hearing/summary to cc08-23-04 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TM-2004-07, V-2004-02 Agenda Date: August 23, 2004 Applicant: Morey Nelsen of Nelsen Engineering Property Owner: Qi Gary Li Property Location: 21851 Lomita Avenue, APN 357-16-064 Application Summary: ALTERNATIVE ONE: TENTATIVE MAP to subdivide an approximately 19,871 sq. ft. lot into two parcels (9,936 sq. ft. each) in a Rl-7.5 zoning district, and VARIANCE to reduce the lot width from 60 feet to 50 feet to match the neighborhood pattern. OR ALTERNATIVE TWO: TENATIVE MAP to subdivide an approximately 19,871 sq. ft. lot into two parcels, one of 8,700 square feet and a flag lot of about 11,171 square feet in a Rl-7.5 zoning district. RECOMMENDATION: Staff previously recommended that the Planning Commission approve the tentative map, file number TM-2004-07 and the variance request, file no. V-2004-02, in accordance with the model resolutions. Alternatively, the Commission could approve the subdivision plan with a flag lot design. If it does so, the variance request should be denied in accordance with the model resolution. Project Data: General Plan Designation: Zoning Designation: Acreage (gross): Alternative One- Alternative Two- Density: Residential 1-4.4 DU j gr. acre Rl-7.5 Two lots - about 9,936 square feet each Two lots - 8,700 square feet; 11,171 square feet 4.38 duj gr. acre. Environmental Assessment: Yes Yes, if variance is granted if needed Categorically exempt. Project Consistency with: General Plan: Zoning: +-1 TM-2004-07, V-2004-02 Pagel August 23, 2004 BACKGROUND: The Planning Commission initially heard this project on August 9, 2004 (Exhibit A). It expressed its concern with approving two 50-foot wide lots, even though 60% of the fronting Lomita A venue lots had widths of less than 60 feet. The Commission noted the wider (100-foot wide) lots across the street and expressed its concern with integrating the existing residence into the neighborhood on a narrower lot. The Commission continued the hearing, requesting that the applicant return with a revised subdivision design that includes a flag lot. DISCUSSION: The revised subdivision plan with a flag lot design is enclosed. Note that both lots conform to the minimum lot widths required by the Rl-7.5 zoning district; however, the existing house is still too wide for the lot and a portion of the house will still need to be demolished to conform the structure to the building setbacks. In addition, a minimum of a two-car garage must be built on Lot 1. There is adequate area on the lot for the garage, and the maximum FAR will not be exceeded. Conditions of approval have been added to the tentative map resolution. While the wider lot design offers greater design flexibility in reducing the dominance of the garage door, staff believes the same effect can be achieved on narrower lots that better match the neighborhood pattern of Monta Vista. The alternative flag lot subdivision of one wide lot and a flag lot would not be in keeping with the character of the area since there are no flag lots on Lomita Avenue. Also, homes on flag lots are generally discouraged because they are less visible to the street and do not integrate well into the fabric of the neighborhood. Prepared by: Colin Jung, Senior Planner C:::-' n Approved by: Steve Piasecki, Director of Community Developm~ Enclosures: Model Resolution for approval of flag lot design Model Resolution for denial of the variance Exhibit A-I: Planning Commission staff report dated 8/9/04 Plan Set H:\Planning\PDREPORT\pcTMreports\ TM-2004-07 SR2.doc 4-~ TM-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 19,871 SQUARE FOOT PARCEL INTO TWO PARCELS OF 8,700 SQUARE FEET AND 11,171 SQUARE FEET AT 21851 LOMIT A AVENUE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-07 Qi Gary Li 21851 Lomita Avenue SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. 4-~ Resolution No. Page 2 TM-ZO04-07 August 23, 2004 -------------------------------- NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-07 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, 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 TM-2004-07, as set forth in the Minutes of Planning Commission Meeting of August 9, 2004 and August 23, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS DEVELOPMENT DEPT. ADMINISTERED THE COMMUNITY BY 1. APPROVED EXHIBITS The approval is based on exhibits titled: "Tentative Map, Lands of Li, 21851 Lomita Ave., Cupertino, California" consisting of 1 sheet and dated May 2004, except as may be amended by the conditions contained in this resolution. 2. GARAGE REQUIREMENT The applicant/property owner is required to construct a minimum of a two car garage for the existing house as part of the building permit approval. 3. 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 DEPARTMENT WORKS ADMINISTERED BY THE PUBLIC 4. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 4-4- Resolution No. Page 3 TM-2004-07 August 23, 2004 ------------------------------- 5. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 6. STREET LIGHTING INSTALLATION 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. 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. 8. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 9. 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. 10. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless the City Engineer deems storm drain facilities necessary. Development in all other zoning districts shallbe served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 11. 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 detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 4-5 Resolution No. Page 4 TM-2004-07 August 23, 2004 ----------------------==================== Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 5% of Off-Site Improvement Costs ($2,268.00 minimum) $ 5% of Site Improvement Cost $1,000.00 $ 593.40 (N/ A -21870 Lomita - Bonded) $ 520.00 $15,750 (credit for one existing home) By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvements c. On-site Grading Bond: 100% of site improvements. -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. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 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. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 4-(0 Resolution No. Page 5 TM-2004-07 August 23, 2004 CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 California Government Code) Ihereby certify that the engineering and surveying conditions specified in Section IV of this Resolution conform to generally accepted engineering practices. Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 23rd day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chair Cupertino Planning Commission G:\Planning\PDREPORT\RES\ TM-2004-07a.doc ~1-- V-2004-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A VARIANCE TO ALLOW LOT WIDTHS OF 50 FEET AND 50 FEET (MEASURED AT FRONT SETBACK LINE), RESPECTIVELY, INSTEAD OF 60 FEET MINIMUM FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21851 LOMIT A A VENUE, AS REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a Variance, 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 at least one Public Hearing on this matter; and WHEREAS, the applicant has not meet the burden of proof required to support the application, and has not satisfied the following criteria: 1) That there are extraordinary or exceptional circumstances or conditions applicable to the property involved that do not apply generally to properties in the same district; 2) That granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship; and 3) That granting the Variance will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this matter, the application for Variance is hereby approved by the Planning Commission of the City of Cupertino; and BE IT FURTHER RESOLVED: That the subconclusions upon which the findings specified in this Resolution are based are contained in the public hearing record concerning Application V-2004-02, as set forth in the Minutes of the Planning Commission Meeting of August 9, 2004 and August 23, 2004, and are incorporated by reference as though fully set forth herein. 4-'ò Resolution No. Page -2- V-2004-02 August 23, 2004 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: V-2004-02 Qi Gary Li 21851 Lomita Avenue PASSED AND ADOPTED this 23rd day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chair Cupertino Planning Commission G: IPlanningIPDREPOR TlRESIV -2004-07 a.doc 4~9 EXIiIß¡T: A-I CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TM-2004-07, V-2004-02 Agenda Date: August 9,2004 Morey Nelsen of Nelsen Engineering Qi Gary Li 21851 Lomita Avenue, APN 357-16-064 Application Summary: TENTATIVE MAP to subdivide an approximately 19,871 sq. ft. lot into two parcels (9,936 sq. ft. each) in a Rl-7.5 zoning district. VARIANCE to reduce the lot width from 60 feet to 50 feet to match the neighborhood pattern. RECOMMENDATION: Staff recommends that the Planning Commission approve the tentative map, file number TM-2004-07 and the variance request, file no. V-2004-02, in accordance with the model resolutions. Project Data: General Plan Designation: Zoning Designation: Acreage (gross): Density: Residential 1-4.4 DU/gr. acre Rl-7.5 Two lots - about 9,936 square feet each 4.38 du/ gr. acre. Project Consistency with: General Plan: Zoning: Yes Yes, if variance is granted . Categorically exempt.. Environmental Assessment: DISCUSSION: Site Analysis The project site is located on 21851 Lomita Avenue. The existing residence is surrounded by single-family residential uses. The site is developed with one single- family detached residence that straddles the proposed subdivision line. The residence will be moved to one of the new lots. Trees are below the size that warrants a tree removal permit. 4-10 TM-2004-07, V-2004-02 Page 2 August 9, 2004 " \' Variance Request The minimum required lot width in the R1 zoning district is 60 feet. The applicant is requesting a variance to reduce the lot width of each proposed lot to 50 feet. 60% of the lots that directly front Lomita Avenue have less than 60-foot lot widths and a large majority of these narrower lots have rear yard garages (See Exhibit A). A consistent lot pattern is important in ensuring that new houses integrate with the neighborhood. An alternative flag lot subdivision of one wide lot and a flag lot would not be in keeping with the character of the area since there are no flag lots on Lomita Avenue. Also, homes on flag lots are generally discouraged because they are less visible to the street and do not integrate as well into the fabric of the neighborhood. The Planning Commission must be able to make the following three findings in order to approve the lot width variance request. The variance findings are in bold typeface with staff comments in italics. 1. That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. The subject interior lot is twice the width of any adjacent existing lot on the same side of San Fernando Avenue. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner. Granting the petitioner's variance request to subdivide the property with a lot width equal to adjacent similar lots will allow the property owner to enjoy his property rights in a manner similar to his neighbors. 3. That the granting of the application will not, under the circumstances of the particular case, materially affect adversely the health and safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. The lot subdivision will not have an adverse impact on the health and safety of persons residing or working in the neighborhood or pose a detriment to the neighbors' property. The property will be able to develop in a manner similar to the adjacent neighbors. There is another neighborhood pattern with these narrower 50-foot wide lots where the garage door does not dominate the frontage of the lot. For these narrower lots, the garage is either non-existent or mainly in the rear of the property, which is more in keeping with the old Monta Vista residential character. 4-11 TM-2004-07, V-2004-02 Page :, August 9, 2004 The applicant shows a new 2-car garage to be built in the front of an existing, moved house. The location needs to be adjusted so it does not encroach on the required 10 foot setback. Use of the existing house will create design challenges that should be addressed through design review. For example, the existing entrance of the house will be oriented to the side property line and the side of the house will face the front. The new garage should not dominate the property frontage, but its location should integrate with the floor plan. Additional conditions were placed in the tentative map and variance approvals to discourage a garage door dominance of the residential front facade. The conditions of approval reflect the Hung and Han land division on San Fernando Avenue (file nos. TM-2004-03 and V-2004-01) recently approved by the Commission on a 4-1 vote. Prepared by: Colin Jung, Senior Planner Approved by: Steve Piasecki, Director of Community Developme~ Enclosures: Model Resolutions Exhibit A: Neighborhood lot pattern Plan Set H\Planning\PDREPORT\pcTMreports\ TM-2004-07 SRdoc ..¿¡ - 1;;V TM-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A 19,871 SQUARE FOOT PARCEL INTO TWO PARCELS OF 9,936 SQUARE FEET EACH AT 21851 LOMIT A AVENUE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-07 Qi Gary Li 21851 Lomita Avenue SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. ~-13 Resolution No. Page 2 TM-2004-07 August 23, 2004 ---------------------------------- ------------------------------------------------------------------- NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-07 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, 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 TM-2004-07, as set forth in the Minutes of Planning Commission Meeting of August 9, 2004 and August 23, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS DEVELOPMENT DEPT. ADMINISTERED BY THE COMMUNITY 1. APPROVED EXHIBITS The approval is based on exhibits titled: "Tentative Map, Lands of Li, 21851 Lomita Ave., Cupertino, California" consisting of 1 sheet and dated May 2004, except as may be amended by the conditions contained in this resolution. 2. SIDE SETBACK/BUILDING LINES On the final parcel map, the applicant shall show a 10-foot side setback/building line on each side of the common property line between the proposed lots. The final map shall be reviewed and approved by the Director of Community Development for compliance with this condition. 3. 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 DEPARTMENT ADMINISTERED BY THE PUBLIC WORKS 4-~ Resolution No. Page 3 TM-2004-07 August 23, 2004 -------- 4. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 5. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 6. STREET LIGHTING INSTALLATION 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. 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. 8. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 9. 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. 10. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless the City Engineer deems storm drain facilities necessary. Development in all other zoning districts shallbe served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 11. 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 detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 4-15 Resolution No. Page 4 TM-2004-07 August 23, 2004 -------------------- 12. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 5% of Off-Site Improvement Costs ($2,268.00 minimum) $ 5% of Site Improvement Cost $ 1,000.00 $ 593.40 (N/ A -21870 Lomita - Bonded) $ 520.00 $15,750 (credit for one existing home) By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvements c. On-site Grading Bond: 100% of site improvements. -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. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 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. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. L/-I(p Resolution No. Page 5 TM-2004-07 August 23, 2004 ------------------------------- ----- ----------------------------- CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 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. Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 23rd day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chair Cupertino Planning Commission G:\Planning\PDREPORT\ REs\ TM-2004-07.doc 4-lr V-2004-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A VARIANCE TO ALLOW LOT WIDTHS OF 50 FEET AND 50 FEET (MEASURED AT FRONT SETBACK LINE), RESPECTIVELY, INSTEAD OF 60 FEET FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21851 LOMIT A AVENUE, AS REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a Variance, 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 at least one Public Hearing on this matter; and WHEREAS, the applicant has meet the burden of proof required to support the application, and has satisfied the following criteria: 1) That there are extraordinary or exceptional circumstances or conditions applicable to the property involved that do not apply generally to properties in the same district in that the property is twice the width of adjacent interior lots on the same street. 2) That granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship in that a lot division with a n<\rrower 50-foot lot width will allow the property owner to develop the property in a manner similar to adjacent property owners; and 3) That granting the Variance will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience,and to secure the purpose of the title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this matter, the application for Variance is hereby approved by the Planning Commission of the City of Cupertino; and BE IT FURTHER RESOLVED: That the subconclusions upon which the findings specified in this Resolution are based are contained in the public hearing record concerning Application V-2004-02, as set forth in the 4-1~ Resolution No. Page -2- Minutes of the Planning Commission Meeting of August 9, 2004 and August 23, 2004, and are incorporated by reference as though fully set forth herein. V-2004-02 August 23, 2004 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: V-2004-02 Qi Gary Li 21851 Lomita Avenue SECTION III: CONDITIONS OF APPROVAL 1. APPROVED EXHIBITS The approval is based on exhibits titled: "Tentative Map, 21851 Lomita Ave., Cupertino, California" consisting of 1 sheet dated May 2004, except as may be amended by the conditions contained in this resolution. 2. RESIDENTIAL DESIGN REVIEW The applicant/ property owner is required to obtain design review of any new residence and moved residence prior to building permit approval. The applicant/ property owner is strongly encouraged to minimize the appearance of the garage as viewed from the front yard in keeping with the dominant character of the residences on the street. PASSED AND ADOPTED this 23rd day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Taghi Saadati, Chair Cupertino Planning Commission G:IPlanningIPDREPOR TlRES\V -2004-07 .doc 4-11 ~, SCALE' I' LOTI ,-, 9,686 So, FT. (0.22 AU ,> IDT 1 VICINITY MAP 1DT2 8.685 SQ. FT. (0.22 AC.) v( I I I I I i LH", , If ! ,! i W~""";' ,I I I í'" I llJ I: I II ';" 'I::"':' I 'I I ,: 't "1: " I' I ~ I I~) I "1: : '" I h. , 't, ¡ ,""" I ¡ I ~ " I' ' C) 'I Ç 'oo,"~"~ I " I f- + ' I I I' , '",00 , .,~.,~, ¡---oo" ~""M~;;'"":'""" Ct I ,! II~'~ :ij ,;- "--¡, I _I" I I ~ ~I I I ," ,j I , I "i"',I?,, YU',,^ 'v , ~I I I 't ','1'",. I"" " I I I I ¡ I Ii , II I Ii ~ Eì\H Ib\Î A- \ PROJECT INFORMATION - BJ AI'J'IIa ft': GARY U 21851 LOI8TA A\ÐIJE aJPER1IIIO. CAURIItIA 815014 (408) 517-<11. -- == ~ R.C.E. 2œ87. EXP. 8/011 21801 S1EWNS aEK IlaULEYMO ~_815014 m. (408) 2117- FAX: (408) 2117-6821 PI/IIðIlrr - ßØ Mfr: 21851 LOI8TA A\ÐIJE aF£R1IN(), CAURIItIA "'" 3117-1f-084 __",_a ~...... 18,J71 ~ FT. (0."" AC) ømmør E1ECIIIC - OM. P.Go .. E- lM- SAIl .øIE IMlER COI8'- 1II.EPItOIE. see SEE!. CU'ERIItO SANTAIn' 0IS1RICT - RI-7.ð -",- 1IJ'OGIIN'IIC FE1D U\'EY BY IELSEN ENGINEEnINQ! LEGEND ------- """,,,nou'" - - 'EN"""",, Of ""'H Of ... x """"'" .. - II i ¡ g î Cg III iF "'- 3 ...." III~ I c:¡15 ::J L£.. 0 (I) ::$ 0 Z ~~~ . '<~ ~~() ~ . ~g~ !<..-~ t-"IOUJ ZOOa. UJ..-:::I .-C' () "'" ~. '00' "," ,'",' ~.- " ~ II~" ,"'" 1 .1 ',n TM-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6265 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO SUBDIVIDE A 19,871 SQUARE FOOT PARCEL INTO TWO PARCELS OF 8,700 SQUARE FEET AND 11,171 SQUARE FEET AT 21851 LOMIT A AVENUE SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-07 Qi Gary Li 21851 Lomita Avenue SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan. b) That the design and improvements of the proposed subdivision are consistent with the General Plan. c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor injure fish and wildlife or their habitat. e) That the designs of the subdivision or the type of improvements associated therewith are not likely to cause serious public health problems. £) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. Resolution No. 6265 Page 2 TM-2004-07 August 23, 2004 ---------------------- NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-07 for a Tentative Map is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof, 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 TM-2004-07, as set forth in the Minutes of Planning Commission Meeting of August 9, 2004 and August 23, 2004, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS DEVELOPMENT DEPT. ADMINISTERED BY THE COMMUNITY 1. APPROVED EXHIBITS The approval is based on exhibits titled: "Tentative Map, Lands of Li, 21851 Lomita Ave., Cupertino, California" consisting of 1 sheet and dated May 2004, except as may be amended by the conditions contained in this resolution. 2. GARAGE REQUIREMENT The applicant/ property owner is required to construct a minimum of a two car garage for the existing house as part of the building permit approval. 3. 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 DEPARTMENT ADMINISTERED BY THE PUBLIC WORKS 4. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Resolution No. 6265 Page 3 TM-2004-07 August 23, 2004 ------------------------------ 5. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 6. STREET LIGHTING INSTALLATION 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. 7. FIRE HYDRANT Fire hydrants shall be located as required by the City. 8. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 9. 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. 10. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Surface flow across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless the City Engineer deems storm drain facilities necessary. Development in all other zoning districts shallbe served by on site storm drainage facilities connected to the City storm drainage system. If City storm drains are not available, drainage facilities shall be installed to the satisfaction of the City Engineer. 11. 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 detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. 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 undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Resolution No. 6265 Page 4 TM-2004-07 ------------- Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree August 23, 2004 ------ $ 5% of Off-Site Improvement Costs ($2,268.00 minimum) $ 5% of Site Improvement Cost $ 1,000.00 $ 593.40 (N/ A -21870 Lomita - Bonded) $ 520.00 $15,750 (credit for one existing home) By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvements c. On-site Grading Bond: 100% of site improvements. -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. 13. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 14. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 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. BMP plans shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. Resolution No. 6265 Page 5 TM-2004-07 August 23, 2004 ----------------------- CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 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. f sf Ralph Oualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 23rd day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chen, Saadati COMMISSIONERS: Giefer COMMISSIONERS: COMMISSIONERS: Miller, Vice-Chair Wong and Chairperson NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: f sf Steve Piasecki Steve Piasecki Director of Community Development f sf Taghi Saadati Taghi Saadati, Chairperson Cupertino Planning Commission G: \Planning\PDREPORT\ RES\ TM-2004-07a.doc V-2004-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6266 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A VARIANCE TO ALLOW LOT WIDTHS OF 50 FEET AND 50 FEET (MEASURED AT FRONT SETBACK LINE), RESPECTIVELY, INSTEAD OF 60 FEET MINIMUM FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21851 LOMIT A A VENUE, AS REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE. SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a Variance, 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 at least one Public Hearing on this matter; and WHEREAS, the applicant has not meet the burden of proof required to support the application, and has not satisfied the following criteria: 1) That there are extraordinary or exceptional circumstances or conditions applicable to the property involved that do not apply generally to properties in the same district; 2) That granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship; and 3) That granting the Variance will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, testimony, exhibits and other evidence submitted in this matter, the application for Variance is hereby approved by the Planning Commission of the City of Cupertino; and BE IT FURTHER RESOLVED: That the subconclusions upon which the findings specified in this Resolution are based are contained in the public hearing record concerning Application V-20O4-02, as set forth in the Minutes of the Planning Commission Meeting of August 9, 2004 and August 23, 2004, and are incorporated by reference as though fully set forth herein. Resolution No. 6266 Page -2- V-2004-02 August 23, 2004 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: V-2004-02 Qi Gary Li 21851 Lomita Avenue PASSED AND ADOPTED this 23rd day of August 2004, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chen, Giefer, Miller, Vice-Chair Wong and Chairperson Saadati COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: / s/ Steve Piasecki Steve Piasecki Director of Community Development / s/ Taghi Saadati Taghi Saadati, Chairperson Cupertino Planning Commission G: IP lanning IPD REPO R T\RESIV - 2 004-0 20. doc v( ., , '-,""""" I I ~~ I ~~ I I I i!s:g I LANDS OF SWENSON I I <n :¡¡; DOc. #5265082 I I ~~ I I I ~I" 38(. L.... 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'l ~ ~ I "'", LANDS OF FRAN/CH 'I' , I: ,,'c'o,n <: DOC #/025304/ I 3~ APPROVAJ.1Tn-~-Or .. """"..N...... , t PI<lIm,¡ng Ca.'lw:i;;!,OJ' ~D1- , I 0" ~ g Sì¡;I'Elt;:e r'"..(). -- -=' - w' . - ~ AREA SUWARY (POST-DEDICATION' ê IDT AREA IDT 1 8.288 so. n. (0.11 AC) IDT 2 11,D71 so. n. (0.25 AC.) GROSS 1'- SO. n. (11.21 AC.) NET ~, SCALE, ,.. .. 10' ":'> ~(¡o- VICINITY MAP PROJECT INFORMATION ø_---- GARY U 211151 IØllTA A'ÆNUE aJPER1IIO, CAU'œNA 1eOt4 (408) 517-01. -- IINIIUS E. NELSEN. R.c.E. :zœg7. £)(P. 1/05 NEUÐI - 21801 S1E\oINS CHIK IIOIUVARD aJPER1IIO, CAU'ORNA. IeOt 4 TEl.. <408) 257- FAX: <408) 257-8821 - -.8 AIm M'II: 218151 IØllTA A'ÆNUE aJPER1IIO, CAU'œNA - J57-ItHIM -- - III U1J'B: II ~ - 18.370 SQ. n. (0.44 AC) ImU!D.I: ELECIRIC Nil GAS, P.D. " E. WATER. So\N .JOSE WAlER COI/PAHY mDHCNE. S8C E-. aJPER1INO SANTARY DISTRICT -- Rt-7.15 BØU1ICII OF œNnH1JI: 1tI'OGIIAPMIC F1EIJ) SUR'ÆY BY NEI.SEN ENGIEERING' eec'. ,"', LEGEND -------o>ROI'ERTYUNE - - ""'!RUNE CO' ."" '" ." 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