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
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(408) 517-<11.
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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
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211151 IØllTA A'ÆNUE
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(408) 517-01.
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IINIIUS E. NELSEN. R.c.E. :zœg7. £)(P. 1/05
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