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PC Summary 01-25-05 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: February 2, 2005 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE January 25, 2005 Chapter 19.32 of the Cupertino Municipal code provides for a eal of decisions made b the PIannin Commission 1. Application TM-2004-05; Wayne Aozasa (CA Water Service), Greenleaf Drive Description Tentative map to subdivide a .951-acre parcel into four lots ranging from 7,000 ti 8,500 square feet, plus a remainder lot of 11,500 square feet. Action The Planning Commission approved the application on a 4-0-1 vote. The fourteen-calendar day appeal will expire on February 8, 2005. Enclosures: Planning Commission Report of January 25, 2005 Planning Commission Resolution No. 6284 Approved Exhibits 2. Application R-2004-18, TR-2004-07, EXC-2004-11, V-2004-03; Greg Richmond, 10495 Scenic Boulevard Description Residential Design Review of a new two-story residence with R1 exceptions for reduced front setback, second story area exceeding 35% of the first story, a second-story wall without the required offsets and a second-story deck exception. Tree Removal permit to remove one twenty-four inch diameter specimen oak tree. Parking Exception to allow one driveway apron stall that is less than twenty feet in length on a single-family residential property. Variance for a second-story deck with a side setback less than fifteen feet. Action The Planning Commission approved R-2004-18, TR-2004-07 and EXC-2004-11 on a 5 - 0 vote and denied V-2004-03 on a 4 - 0 -1 vote. The fourteen-calendar day appeal will expire on February 8, 2005. Enclosures: Planning Commission Report of January 25, 2005 Planning Commission Resolutions No. 6291, 6292, 6293 and 6294 (denial) Approved Exhibits g:planning/Post Hearing/summary to cc01-25-05 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TM-2004-05 Agenda Date: January 25, 2005 Wayne Aozasa California Water Service Greenleaf Drive (APN: 326-33-107) Application Summary: Tentative Map to subdivide an approximately .951 acre parcel into four parcels ranging from approximately 7,000 square feet to 8,500 square feet. Plus a remainder lot of 11,500 square feet! *Please note that there is a slight variation in the proposed parcel size range from the public hearing notice due to some minor revisions to the map made by the applicant after the notices were sent out. Also, the ASA and Use Permit Applications are not being considered as part of this approval. The applicant decided to proceed with the Tentative Map approval first. RECOMMENDATION: Staff recommends that the Planning Commission approve the tentative map, file number TM-2004-05, in accordance with the model resolutions. Project Data: General Plan Designation: Zoning Designation: Acreage (residential): Density: Office/Industrial/ Commercial/Residential P(CG, ML, RES 4-10) .547 5.5 du/ gr. acre Project Consistency with: General Plan: Zoning: Yes Yes Environmental Assessment: Categorically Exempt DISCUSSION: Site Analysis The project is located near the terminus of Greenleaf Drive and is surrounded by commercial uses to the east and south and single-family uses to the north and west. Currently the site facilitates the California Water Service's pumping station for the City. The project proposes to retain the pumping station on lot 5 (11,500 square feet) and create three residential parcels (lots 1 - 3) around it with a private ingress/ egress street 3-) TM-Z004-05 Page 2 January 25, 2005 (lot 4) in the middle. The proposed residential lots range from 7,000 to 8,500 square feet in size, which are consistent with the surrounding residential properties. The proposed lots will comply with development standards of the R1 Ordinance. Private Road The project proposes a 28-foot wide private roadway (cul-de-sac) from Greenleaf Drive. A 28-foot private road provides sufficient width for two 11-foot travel lanes and a six- foot parking lane on the side of the street. Staff supports the use of a narrower road (the standard width is 36 feet with parking on both sides of the street) to help preserve many of the trees on this site. A monolithic, five-foot sidewalk will be provided along the front yard lot frontages. The sidewalk will continue along lot 5 and tie into the sidewalk on Greenleaf Drive. Both the private road and the sidewalk will be paved with semi-pervious stone pavers or similar interlocking pavers to enhance the storm water quality of the project and to also help preserve the root systems of existing mature trees. The applicant is required to work with staff to design the sidewalk to meander around existing trees to the maximum extent possible at the final map process. A home owners' association/Covenants, Conditions & Restrictions (CC&R) and a private road maintenance agreement are required to ensure that the individual property owners will properly maintain the roadway, sidewalks and the street lights. California Water Service Remainder Parcel The project requires that the CA Water Service to open up the first 25 feet of lot 5 (where the water pump station is located) and provide landscaping features that will be consistent with the surrounding properties requiring minimum amount of maintenance and water usage. A decorative wrought iron fence shall enclose the rest of the lot 5. Staff is recommending that a landscaping buffer (2 feet minimum) be provided between the wrought iron fence and the sidewalk along the private road to allow for additional landscaping to be planted in between. In addition, the CA Water Service is required to clean up their existing pump station site on lot 5 as part of this approval. A revised landscaping plan clearly showing the location of the wrought iron fencing and perimeter landscaping shall be reviewed during the Architectural and Site approval process. Tree Removal The City's Arborist prepared a tree report on the project site, which identified 74 trees. The project proposes to remove 37 of them that are either located in the proposed roadway or in the proposed building area. None of the removed trees are considered protected specimens; therefore they could be removed even without the project. Staff recommends the removed coast live oak (#13) be transplanted to another location on the project site. Since the exact positions of the future proposed homes have not been determined, the final replacement trees will be determined by the City Arborist prior to 3- ;;¿ TM-2004-05 Page 3 January 25, 2005 issuance of grading permit. In addition, staff will evaluate the final building footprints during the design review stage to determine if additional trees located at marginal locations could be preserved, even though they are not protected as part of the tentative map. It should be noted that even though some trees are indicated on the plans to be preserved (7, 56-58, 71), they are non-specimens trees and the future property owners will have the discretion to remove them. Prepared by: Gary Chao, Assistant Planner ç:---, Approved by: Steve Piasecki, Director of Community Development~ Enclosures: Model Resolution Preliminary Landscaping Plan Plan Set 3-3 TM-2004-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATE .951 ACRE PARCEL INTO FOUR PARCELS RANGING FROM 7,000 TO 8,500 SQUARE FEET. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-05 Wayne Aozasa Greenleaf Drive (APN: 326-33-107) 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 substantially and avoidable 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. 3-1- Resolution No. Page 2 TM-2004-05 January 25, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-09 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-2004-05, as set forth in the Minutes of Planning Commission Meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the tentative map entitled "Tentative Parcel Map, Greenleaf Drive, Cupertino, CA" by SMP, dated November 29, 2004 except as may be amended by the Conditions contained in this Resolution. 2. PRIVATE ROADWAY & PUBLIC SIDEWALK A homeowners association shall be established with a CC&R that addresses maintenance and upkeep of the private road, sidewalk and streetlights. A five-foot public access/pedestrian easement shall be placed on all five parcels along the frontages of the private road. The applicant is required to work with staff to design the pedestrian sidewalk to meander around existing trees to the maximum extent possible and provide smooth sidewalk transition with adjoining properties. A supplemental arborist report with specific tree preservation recommendations must be submitted to the City for review and approval prior to finalizing the sidewalk/ curb design along Stelling Road and the new private road. The CC&R and the public access easement shall be reviewed and approved by the City and recorded prior to approval of the Final Map. The private road shall be paved with interlocking pavers or similar semi-pervious material. The final paving material shall be reviewed and approved by the Public Works and Planning Department prior to issuance of building permits. 3. WROUGHT IRON FENCE/LANDSCAPING Project requires that the CA Water Service to open up the first 25 feet of lot 5 (where the water pump station is located) and provide landscaping features in this area that will be consistent with the surrounding properties, requiring minimum amount of maintenance and water usage. A decorative wrought iron fence shall enclose the rest of the lot 5. A minimum of 2 feet of landscaping setback shall be provided around the perimeter of the wrought iron fence along the private road. In addition, the CA Water Service is required to clean up their existing pump station site on lot 5 as part of this approval. A revised landscaping plan clearly showing the location of 3-5 Resolution No. Page 3 TM-2004-05 January 25,2005 the wrought iron fencing and perimeter landscaping shall reviewed and approved through the Architectural and Site approval process. 5 TREE PRESERVATION The final replacement trees will be determined by the City Arborist prior to issuance of grading permit. In addition, Staff will evaluate the final building footprints during the design review stage to determine if additional trees located at marginal locations could be preserved. Tree number 13 (coast live oak) shall be transplanted to another location on the project site per the City Arborist's recommendation. It should be noted that even though some trees are indicated on the plans to be preserved (7, 56-58, 71), they are non-specimens trees and the future property owners will have the discretion to remove them. All of the other trees shown on the plans to be preserved must be recorded on the CC&R as protected trees for future owners to preserve and maintain. In the event that any protected trees must be removed due to reasons deemed appropriate by the Community Development Director, then comparable diameter replacement tree(s) must be planted at the same location or locations visible to the public. 6. 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. 7. R1 DEVELOPMENT STANDARDS The new homes on located on lots 1- 3 shall adhere to the R1 Ordinance since they are surrounded by R1 zoning districts. SECTION IV: DEPARTMENT CONDITIONS ADMINISTERED BY THE PUBLIC WORKS 1. 8. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. The developer must obtain written documentation from the Fire Department on the final design of the new road section. 3-0 Resolution No. Page 4 TM-2004-05 January 25, 2005 9. 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. 10. FIRE HYDRANT Fire hydrants shall be located as required by the City. 11. TRAFFIC SIGNS, DETAILS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends along with traffic control plans. 12. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 13. 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. 14. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether additional storm water control measures are to be installed. 15. 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. 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. 16. 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: $2,130 minimum $ 5% of Off-Site Improvement Cost or 3-1- Resolution No. Page 5 TM-2004-05 January 25, 2005 b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 5% of Site Improvement Cost $ 1,000.00 $1,217.61 ** $ 6,750.00 $ 47,250.00 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement 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. ** Developer is required to pay for one-year power cost for streetlights 17. 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. 18. 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. 19. 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. 20. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion Control notes shall be stated on the plans. 3-B Resolution No. Page 6 TM-2004-05 January 25,2005 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 En¢neer CA License 22046 PASSED AND ADOPTED this 25th day of January 2005, 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, Chairperson Cupertino Planning Commission 3-C¡ Revised TM-2004-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6284 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENT A TIVE MAP TO SUBDIVIDE AN APPROXIMATE .951 ACRE PARCEL INTO FOUR PARCELS RANGING FROM 7,000 TO 8,500 SQUARE FEET. PLUS A REMAINDER LOT OF 11,500 SQUARE FEET. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2004-05 Wayne Aozasa Greenleaf Drive (APN: 326-33-107) 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 substantially and avoidable 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. 6284 Page 2 TM-2004-05 January 25, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2004-05 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 subconc1usions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application TM-2004-05, as set forth in the Minutes of Planning Commission Meeting of . January 25, 2005, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approved is based on the tentative map entitled "Tentative Parcel Map, Greenleaf Drive, Cupertino, CA" by SMP, dated November 29, 2004 except as may be amended by the Conditions contained in this Resolution. 2. PRIVATE ROADWAY & PUBLIC SIDEWALK A homeowners association shall be established with a CC&R that addresses maintenance and upkeep of the private road, sidewalk and streetlights. A five-foot public access/pedestrian easement shall be placed on all five parcels along the frontages of the private road. The applicant is required to work with staff to design the pedestrian sidewalk to meander around existing trees to the maximum extent possible and provide smooth sidewalk transition with adjoining properties. A supplemental arborist report with specific tree preservation recommendations must be submitted to the City for review and approval prior to finalizing the sidewalk/ curb design along Stelling Road and the new private road. The CC&R and the public access easement shall be reviewed and approved by the City and recorded prior to approval of the Final Map. The private road shall be paved with interlocking pavers or similar semi-pervious material. The final paving material shall be reviewed and approved by the Public Works and Planning Department prior to issuance of building permits. 3. WROUGHT IRON FENCE/LANDSCAPING Project requires that the CA Water Service to open up the first 25 feet of lot 5 (where the water pump station is located) and provide landscaping features in this area that will be consistent with the surrounding properties, requiring minimum amount of maintenance and water usage. A decorative wrought iron fence shall enclose the rest of the lot 5. A minimum of 2 feet of landscaping setback shall be provided around the perimeter of the wrought iron fence along the private road. In addition, the CA Water Service is required to clean up their existing pump station site on lot 5 as part of this approval. A revised landscaping plan clearly showing the location of Resolution No. 6284 Page 3 TM-2004-05 January 25,2005 the wrought iron fencing and perimeter landscaping shall reviewed and approved through the Architectural and Site approval process. The landscaping in front of the wrought iron fencing shall adequately screen the site from public view. 5 TREE PRESERVATION The final replacement trees will be determined by the City Arborist prior to issuance of grading permit. In addition, Staff will evaluate the final building footprints during the design review stage to determine if additional trees located at marginal locations could be preserved. Tree number 13 (coast live oak) shall be transplanted to another location on the project site per the City Arborist's recommendation. It should be noted that even though some trees are indicated on the plans to be preserved (7, 56-58, 71), they are non-specimens trees and the future property owners will have the discretion to remove them. All of the other trees shown on the plans to be preserved must be recorded on the CC&R as protected trees for future owners to preserve and maintain. In the event that any protected trees must be removed due to reasons deemed appropriate by the Community Development Director, then comparable diameter replacement tree(s) must be planted at the same location or locations visible to the public. 6. 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. 7. Rl DEVELOPMENT STANDARDS The new homes on located on lots 1- 3 shall adhere to the Rl Ordinance since they are surrounded by Rl zoning districts. 8. RETAINED PARCEL MAINTANANCE The applicant shall record a covenant and deed restriction running with the land obligating the existing and future property owners to maintain the retained water company parcel and fencing from free of debris and graffiti. Additionally, landscape materials and existing retained trees shall be professionally maintained in a healthy condition. The property owner(s) shall retain a property maintenance service at least on a monthly basis to ensure compliance with this covenant. Said covenant and deed restriction shall name the City and the adjacent three homes as third party beneficiaries and shall include some surety or other guarantees subject to the review and approval of the City Attorney. Resolution No. 6284 Page 4 TM-2004-0S January 2S, 200S 9. ACCESS DRIVE The entrance of the private access drive shall be modified (i.e., shifted 5 feet to the east (towards lot 1) and/ or be narrowed to no less than 20 feet in width). The revised street design shall be reviewed and approved by all appropriate City Departments (Planning, Public Works and Fire) prior to recordation of the final map. 10. UTILITY EASEMENTS Written approval from the agencies with easements on the property (including PG&E, PacBell and California Water Company, and/ or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 11. CA WATER SERVICE A letter of clearance for the proposed project shall be obtained from the Ca Water Service prior to recordation of final map to ensure that the proposed homes and roadway will not negatively impact the existing water equipment and underground wells. 12. SANITARY DISTRICT Prior to recordation of the final map, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project and that any of the new sanitary system will not negative impact the existing water equipment and underground wells on the retained water service parcel. 13. PG&E Prior to recordation of the final map, the applicant shall provide written confirmation from the PG&E that any of the new underground utility equipment will not negative impact the existing water equipment and underground wells on the retained water service parcel. SECTION IV: DEPARTMENT CONDlTlONS ADMINISTERED BY THE PUBLIC WORKS 1. 14. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. The develover must obtain written documentation from the Fire Devartment on the final desi<¡n of the new road section. 15. 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. Resolution No. 6284 Page 5 TM-2004-05 January 25,2005 16. FIRE HYDRANT Fire hydrants shall be located as required by the City. 17. TRAFFIC SIGNS, DETAILS AND LEGENDS Traffic control signs, details and legends shall be placed at locations specified by the City. All improvement plans shall include all necessary signage, details and legends along with traffic control plans. 18. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 19. 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. 20. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether additional storm water control measures are to be installed. 21. 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. 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. 22. 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: $2,130 minimum b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: $ 5% of Off-Site Improvement Cost or $ 5% of Site Improvement Cost $1,000.00 $1,217.61 ** Resolution No. 6284 Page 6 TM-2004-05 January 25,2005 f. Map Checking Fees: g. Park Fees: $ 6,750.00 $ 47,250.00 Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 100% of Off-site and On-site Improvement 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. ** Developer is required to pay for one-year power cost for streetlights 23. 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. 24. 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. 25. 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. 26. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion Control notes shall be stated on the plans. Resolution No. 6284 Page 7 TM-2004-05 January 25,2005 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. I sl Ralph Oualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Giefer, Vice-Chair Miller, Saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: Chen COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission ~~ >-~ ~ z w { ~ ~ g rl. ¡ W ~J 0 " " o ü ~ " ,~§~¡¡ ~:±~~~@ ~o"l",,,< z 0 <"~i~~ ~~~~~~ §~~ê3! . 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Residential Design Review of a special permit for a new two-story residence with a floor area ratio that exceeds 35%, Rl exceptions for reduced front setback, second- story area exceeding 35% of the first story, a second-story wall without the required offsets and a second-story deck exception. · Parking exception to allow one driveway apron stall that is less than twenty feet in length. . Tree removal permit to remove one twenty-four inch diameter specimen oak tree. · Variance for a second-story deck with a side setback less than fifteen feet. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Approve special permit and R1 exceptions, file number R-2004-18, based on the model resolution. 2. Approve parking exception, file number EXC-2004-11, based on the model resolution. 3. Approve tree removal permit, file number TR-2004-07, based on the model resolution. 4. Deny variance, file number V -2004-03, based on the model resolution. BACKGROUND: The project site is a sloped lot along Scenic Boulevard near Stevens Creek. The neighborhood consists predominantly of two-story homes with large rectangular second-stories. The City Council held the first reading for an amendment to the R1 Ordinance on January 18, 2005. The effective date of these new regulations will be March 1, 2005. The amendment includes language that any building permit filed prior to March 1, 2005 will be processed under the current regulations. The applicant intends to construct this house under the current R1 regulations. 5-) R-2004-18, EXC-2004-1l, TR-2004-07, V-2004-03 DISCUSSION: This report will focus on the exceptions and variance requested. 2 Second Story over 35% (45%) The applicant is asking for an exception for a second story that is 45% of the first-story area. If approved, this would represent the largest second story allowed by the City under the current ordinance. On March 1, 2005, a 45% second-story proportion will be the maximum allowed. However, the 45% proportion will be granted only when the mass, scale and design of the project is compatible with the neighborhood. Therefore, a 45% proportion will not be appropriate for all proposals. To be considered for the maximum second-story proportion, staff believes that the project should have horizontal siding, since this is consistent with the immediate neighborhood. For reference, under R-2004-26 on a neighboring site at 10485 Scenic Blvd, the project incorporated horizontal siding. Front Setback Exception The project proposes a fifteen-foot setback instead of the twenty-feet required by the R1 Ordinance. The project can be modified to meet the setback requirement, but it should be noted that there is a significant distance between the front property line and the curb line of the street. The Public Works Department has no intention of requiring the street to be widened. The applicant asked the Public Works Department whether they would be willing to abandon or sell five feet of the right-of-way so that the setback exception would not be necessary, but they did not want to relinquish part of the right-of-way at this time. Since there is no likelihood of Scenic Boulevard being widened in the near future, staff believes that the visual impact of the proposed front setback exception will be negligible. Parking Exception A parking exception is needed for this project because a section of the proposed driveway apron is seventeen feet in length, instead of the twenty-foot requirement. This affects only one of the driveway spaces. Staff has no concern with this minor exception due to the substantial distance between the front property line and the street curb. Second Story Deck The project has a substantial rear second-story deck. Due to the topography of the site, the deck should not have views into any neighboring yards, since the rear of the property is a higher than the building pad. The model resolution for R-2004-18 includes a condition that allows staff to require tree planting after inspecting the views from the second story during the construction phase. s-~ R-2004-18, EXC-2004-lL TR-2004-07, V-2004-Q3 3 Variance The Accessory Structures chapter of the Cupertino Municipal Code requires that a second-story deck have a minimum setback of fifteen feet from a side property line. The applicant proposes a second-story deck within approximately ten feet of a side property line. The section of the deck that violates the setback requirement is the small section on the left side of the master bedroom. To approve a variance, the decision-making body must determine that the variance is necessary to preserve and enjoy a substantial property right of the applicant. In addition, not granting the variance must impose an umeasonable property loss or hardship. Even though there are no residential neighbors affected by this variance, the findings for a variance cannot be made. To eliminate the need for the variance, the applicant must remove the section on the left side of the master bedroom. While the findings for the variance cannot be made, staff has no concern with the rest of the second-story deck. Second-Story Wall Offsets The project requires an exception for a second-story wall plane that is twenty-eight feet long without an offset. This wall is on the rear of the house. Since it is on the rear and the railing of the second-story deck covers part of the wall, staff supports this exception. Tree Removal The Site Plan shows a twenty-four inch diameter oak tree to be removed along the right- side property line. The tree is diseased and its removal is necessary for safety reasons. Staff can approve this administratively, but since the project already required Planning Commission approval, the tree removal permit is being brought to the Commission. Enclosures: Model Resolutions Applicant Letter Plan Set Submitted by: Peter GilIi, Senior Planner c::::::: {', Approved by: Steve Piasecki, Director of Community Developme~ 5~3 R-2004-18 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A NEW TWO-STORY RESIDENCE WITH A FLOOR AREA RATIO OF 39%, R1 EXCEPTIONS FOR A SECOND-STORY THAT IS 45% OF THE FIRST STORY, A FIFTEEN FOOT FRONT SETBACK, A TWENTY -EIGHT FOOT LONG SECOND STORY WALL WITHOUT REQUIRED OFFSETS AND A SECOND STORY DECK EXCEPTION SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2004-18 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code; 2. The granting of the special permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare; 3. The proposed home is harmonious in scale and design with the general neighborhood; 4. The proposed home is consistent with the design guidelines approved by the City Council; 5. The proposed home will not result in significant adverse visual impacts as viewed from adjoining properties; 6. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 7. The exceptions granted require the least modification to the prescribed design regulations and the minimum variance that will accomplish the purpose; 8. The exceptions will not result in significant visual impacts as viewed from abutting properties; 9. The design of the second-story deck is such that it protects neighbor privacy to the maximum extent. 5-4 Resolution No. Page 2 R-2004-18 January 25, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application 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 R-2004-18 set forth in the Minutes of the Planning Commission meeting of, January 25, 2005, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT The proposed two-story house is approved with a 39% floor area ratio, based on the conceptual plans entitled "Residence for Richmond" last updated on December 31, 2004, as amended by this resolution. 2. PRIVACY TREES Based on the topography of the site, it is not clear if privacy planting is required for this project. Planning staff will inspect the views from the second-story windows during the construction of the house. The applicant shall plant privacy trees if determined to be necessary. 3. OAK TREES The applicant shall record a covenant on the property to ensure the preservation of the remaining oak trees. The language of the covenant will be subject to Planning staff approval. The covenant shall be recorded prior to final occupancy. 4. HORIZONTAL SIDING The applicant shall utilize horizontal siding for the elevations visible from the public street. 5. BUILDING PERMIT SUBMITTAL The applicant must submit a complete building permit application before March 1, 2005. 6. 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. 5-5 EXC-2004-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A PARKING EXCEPTION FOR A SUBSTANDARD DRIVEWAY APRON SPACE ON A SINGLE-FAMILY RESIDENTIAL PROPERTY SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: EXC-2004-11 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare; 3. The exception is one that will require the least modification to the prescribed regulations and the minimum variance that will accomplish the purpose. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application is hereby approved subject to the conditions which are enumerated in this Resolution beginning on page 2 thereof; and That the subconc1usions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application EXC-2004-11 set forth in the Minutes of the Planning Commission meeting of, January 25, 2005, and are incorporated by reference as though fully set forth herein. ~--=¡.. Resolution No. Page 2 EXC-2004-11 January 25, 2005 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheet 1 entitled "Residence for Richmond." 2. 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. PASSED AND ADOPTED this 25th day of January 2005, 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: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: APPROVED: Steve Piasecki, Director of Community Development Taghi Saadati, Chair Planning Commission S-ß TR-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 MODEL RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE A DISEASED TWENTY-FOUR INCH DIAMETER OAK TREE ON A SINGLE-FAMILY RESIDENTIAL PROJECT SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-07 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove a twenty-four inch diameter Oak tree, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: 1) The oak tree, due to the presence of a disease, is a health and safety risk and must be removed. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved as modified; 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 TR-2004-07, as set forth in the Minutes of the Planning Commission Meeting of January 25, 2005 are incorporated by reference herein. ~-9 Resolution No. Page 2 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. TR-2004-07 January 25, 2005 1. APPROVAL ACTION The removal of a twenty-four inch oak tree as shown on Sheet 1 entitled "Residence for Richmond" is authorized. 2. REPLACEMENT REOUIREMENT Two 24" box Coast Live Oak trees shall be planted on-site. One tree must be located in the front yard. This front yard tree satisfies the front-yard tree planting requirement of the R1 Ordinance for new two-story houses. Both trees shall be planted and recorded on a covenant prior to final occupancy of the new house. 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. PASSED AND ADOPTED this 25th day of January 2005, 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 '::;1-10 V-2004-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A VARIANCE TO CHAPTER 19.80 B(l)(k) FOR A SECOND-STORY DECK WITH A SIDE SETBACK OF TEN FEET WHERE FIFTEEN FEET IS REQUIRED. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: V-2004-03 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a Variance, as described in Section I. 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 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. WHEREAS, the applicant has not meet the burden of proof required to support the application, and has satisfied the following criteria: 2) That there not are extraordinary or exceptional circumstances or conditions applicable to the property involved that do not apply generally to properties in the same district. 3) That granting of the Variance is not necessary for the preservation and enjoyment of substantial property rights of the applicant, and to is not necessary to prevent unreasonable property loss or unnecessary hardship; and 5-11 Resolution No. Page -2- 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 V-2004-03 January 25, 2005 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-2004-03, as set forth in the Minutes of the Planning Commission Meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein. DENIED this 25th day of January 2005, 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 5- 12..t Architectural Approach 10495 Scenic Blvd. Cupertino, CA December 31, 2004 STYLE The Mediterranean style is consistent with new construction in the area. The home designed at 10495 Scenic Blvd follows this trend, which blends well with the Califomia foothills site. SITE Unique features ofthe site include two large Coastal Live Oak trees having 30" and 60" diameters located on a 36% slope at the back of the property. To maintain the health of the trees, no grading is designed within 5x of the diameter of the trees, and landscaping in that area will be drought tolerant to allow only the natural water for optimum tree health. Additionally, the property is bounded on the south and east sides by McClellan Ranch Open Space so there are no residential neighbors to the south or east. Inunediately to the west of the lot is a deeded, 20'x73' driveway easement. This easement provides access to 10491 Scenic and reduces the effective lot density. The lot is located in an R-l zoning district (not hillside) even though there is significant slope to the property. Taking straight line contours to average out terracing of a previous residence and a roadside cut at the back of the property, the average slope of the property is about 20% (See Table I in the appendix). However the average native slope of the building footprint is just 10%. Per the city arborist, the oak tree protection zone requires that no footings be located within a radius equivalent to 5x the tree diameter or consume more than 20% of the drip-line area. Consuming less than 10% of the drip line area is recommended, and this equates to a distance of 7x the tree diameter in the case of a footing across the entire drip line or 5x the tree diameter across half the drip line as is the case for the corner of a building. The arborist also recommends that an existing 24" diseased oak be removed. To facilitate the recommended tree protection zones while maintaining a home size typical of new construction in the area, the home is designed to within 29' ofthe curb. This approximates the typical setback 0[30' (20' building to property line plus 10' property line to curb). However, because the property line is setback 14' from the curb the design requires a front property line setback variance of 15'. The home is oriented off parallel to the street, providing several front wall offsets to avoid any continuous mass. The front wall staggering allows an average setback of greater than 30' from the curb. There is precedence for allowing portions of a residence to have setbacks of less than 20' to the curb. An example is for a curved driveway. One condition for this allowance is that no adj acent residences are less than 20', and that is the case for 10495 Scenic. '?-I~ SIZE Minimizing the ground area covered by the structure allows a modest, usable back yard area «1000 sq.ft.) while maintaining the tree protection zones. To that end a two-story structure is designed with total floor area equal to 38.7% of the effective lot size (3870/10000) while maintaining a total first floor area of just 2670 sq. ft. Minimizing the first floor area does increase the second floor to first floor area ratio to 45% (1200/2670). However, the additional second floor area has been located to the back and center of the home so that the visual impact to the front and sides is minimized. It is also worth noting that neighboring homes with direct visual contact have much greater second floor area ratios and have almost no coverage of the second floor wall height by any first floor roofprofile. GRADING The front of the lot has an approximate 5% slope. To avoid deep cuts into the upper hillside, the elevation of the first floor is set at 373 ft. so that the west side of the residence is less than I ft. below natural grade. This also increases the level back yard area. At the lower, northeast comer ofthe structure, the natural elevation is 367 ft. and a low retaining wall (24" maximum) provides an elevation shift and identifies the property boundary without the heavy mass of a traditional 5' side yard fence which would be visible from the neighborhood due to the adjacent open space. Raising grade slightly to 369 ft. in combination with a lower split- level floor elevation of370.5 ft. maintains a 12ft. maximum wall height at the northeast comer of the residence. In addition, existing 6' to 8' high bushes located on the easterly adjoining Open Space property effectively screen the lower half of the residence's east walls. At the east property line of the back yard, there is an old road cut and a proposed retaining wall of less than 5ft (only in the back yard and not visible from the street or any residence) extends this cut along the east property line to further maximize the usable backyard area. The average visible height of this retaining wall is about 3 ft. and it can be landscaped with vines to hide the fact that it is not a natural extension of the already existing road cut. Preliminary estimates for total cut and fill are 400 cu. yds. and 100 cu. yds. respectively as shown in Table 2. MASS The first floor wall height of 10' places the second story floor height at 11'. 8' second story walls are used with vaulted ceilings to reduce the second story mass. The second story wall perimeter is 166'. 85' (51 %) of the second floor periphery has wall heights of6' or less and of the remaining 81 ',46' are set back from a balcony edge by 4' or more and 35' are located toward the back. The first floor roof slope is 6:12 to provide coverage of the second story walls. The second floor roof slope is reduced to 4:12 to reduce the height and mass of the residence. 5-14 In summary, it is believed that the design of the residenc.e at 10495 Sœmc. Blvd. when granted a: removal of the infected 24" oak tree per arborist recommendations, front setback variance of 15 ft. to the property line, parking variance for a IOxl7 foot space (in addition to three 10x20 spaces), total floor area ratio variance of 38.7% with second story ratio of 45%, and second story deck setback variance of 10' IS: consistent with new construction in the area, is appropriately setback from the curb, appropriately sized for the effective lot density, and maintains a second floor area ratio and visible mass lower than the surrounding neighborhood. The applicant requests that the variance approvals requested above be granted and the preliminary floor plan and elevations be approved. Thank you, Greg Richmond Owner S-IS Table 1 Slope Calculations Elevation Lot Contour Length Footprint Contour Length (ft.) (ft.) 366 35 368 70 32 370 100 56 372 115 39 374 110 6 376 110 378 95 380 95 382 95 384 95 386 75 Total Contour Length 995 133 X Contour Interval = 2ft 1990 266 Area 10000 2670 Average Slope 20% 10% Table 2 CutJFilI Calculations Location Area (Depth)/Height Cut Fill (sQ.ft. ) (av\!. ft.) (ft.^3) (ft.^3) Backyard Fill 480 2 960 (exc1udin!! sna/noon Sna/Pool Cut 400 (3) 1200 Garage Fill 260 I 260 Garage Cut 260 (I) 260 Left Side Fill 200 I 200 Right Side Cut 350 (2) 700 Front Fill 750 2 1500 Footing Cut 220x1.5 *(1.5) 500 Retainin!! footing Cut 60xl *(1) 60 Piers Cut (16) 50 *(4) 200 Basement Cut II 75x 1.1 6.5 8400 Total 11320 2920 Total (cu.yds.) 420 108 * Pending load calculations S-Ilo R-2004-18 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6291 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A NEW TWO-STORY RESIDENCE WITH A FLOOR AREA RATIO OF 39%, R1 EXCEPTIONS FOR A SECOND-STORY THAT IS 45% OF THE FIRST STORY, A FIFTEEN FOOT FRONT SETBACK, A TWENTY -EIGHT FOOT LONG SECOND STORY WALL WITHOUT REQUIRED OFFSETS AND A SECOND STORY DECK EXCEPTION \ SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: R-2004-18 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code; 2. The granting of the special permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare; 3. The proposed home is harmonious in scale and design with the general neighborhood; 4. The proposed home is consistent with the design guidelines approved by the City Council; 5. The proposed home will not result in significant adverse visual impacts as viewed from adjoining properties; 6. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter; 7. The exceptions granted require the least modification to the prescribed design regulations and the minimum variance that will accomplish the purpose; 8. The exceptions will not result in significant visual impacts as viewed from abutting properties; 9. The design of the second-story deck is such that it protects neighbor privacy to the maximum extent. Resolution No. 6291 Page 2 R-2004-18 January 25, 2005 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application 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 R-2004-18 set forth in the Minutes of the Planning Commission meeting of, January 25, 2005, and are incorporated by reference as though fully set forth herein. SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED PROTECT The proposed two-story house is approved with a 39% floor area ratio, based on the conceptual plans entitled "Residence for Richmond" last updated on December 31, 2004, as amended by this resolution. 2. PRIVACY TREES Based on the topography of the site, it is not clear if privacy planting is required for this project. Planning staff will inspect the views from the second-story windows during the construction of the house. The applicant shall plant privacy trees if determined to be necessary. 3. OAK TREES The applicant shall record a covenant on the property to ensure the preservation of the remaining oak trees. The language of the covenant will be subject to Planning staff approval. The covenant shall be recorded prior to final occupancy. 4. PUBLIC TRAIL The applicant shall record a covenant on the property noting the possibility of a public trail on the adjacent property, subject to planning staff approval prior to final occupancy. 5. BUILDING PERMIT SUBMIT! AL The applicant must submit a complete building permit application before March 1, 2005. 6. 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. TR-2004-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6292 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A REQUEST TO REMOVE A DISEASED TWENTY-FOUR INCH DIAMETER OAK TREE ON A SINGLE-FAMILY RESIDENTIAL PROJECT SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TR-2004-07 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application to remove a twenty-four inch diameter Oak tree, as described in this Resolution; and WHEREAS, the applicant has met the burden of proof required to support removal of this tree and has satisfied the following requirements: 1) The oak tree, due to the presence of a disease, is a health and safety risk and must be removed. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application for Tree Removal is hereby approved as modified; 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 TR-2004-07, as set forth in the Minutes of the Planning Commission Meeting of January 25, 2005 are incorporated by reference herein. Resolution No. 6292 Page 2 TR-2004-07 January 25, 2005 SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVAL ACTION The removal of a twenty-four inch oak tree as shown on Sheet 1 entitled "Residence for Richmond" is authorized. 2. REPLACEMENT REQUIREMENT Two 24" box Coast Live Oak trees shall be planted on-site. One tree must be located in the front yard. This front yard tree satisfies the front-yard tree-planting requirement of the R1 Ordinance for new two-story houses. Both trees shall be planted and recorded on a covenant prior to final occupancy of the new house. 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. PASSED AND ADOPTED this 25th day of January 2005, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Chen, Giefer, Vice-Chair Miller, Saadati and NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki Director of Community Development Isl Gilbert Wong Gilbert Wong, Chairperson Cupertino Planning Commission EXC-2004-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6293 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A PARKING EXCEPTION FOR A SUBSTANDARD DRIVEWAY APRON SPACE ON A SINGLE-F AMIL Y RESIDENTIAL PROPERTY SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: EXC-2004-11 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; 2. The granting of the exception will not result in a condition which is materially detrimental to the public health, safety or welfare; 3. The exception is one that will require the least modification to the prescribed regulations and the minimum variance that will accomplish the purpose. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the design review application 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 EXC-2004-11 set forth in the Minutes of the Planning Commission meeting of, January 25, 2005, and are incorporated by reference as though fully set forth herein. Resolution No. 6293 Page 2 EXC-2004-11 January 25, 2005 SECTION III. CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Sheet 1 entitled "Residence for Richmond." 2. 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. PASSED AND ADOPTED this 25th day of January 2005, 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, Vice-Chair Miller, Saadati and Chairperson Wong COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: I sl Steve Piasecki Steve Piasecki, Director of Community Development Isl Gilbert Wong Gilbert Wong, Chairperson Planning Commission V-2004-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6294 Denial OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING A VARIANCE TO CHAPTER 19.80 B(l)(k) FOR A SECOND-STORY DECK WITH A SIDE SETBACK OF TEN FEET WHERE FIFTEEN FEET IS REQUIRED. SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: V-2004-03 Greg Richmond 10495 Scenic Boulevard SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a Variance, as described in Section I. 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 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. WHEREAS, the applicant has not meet the burden of proof required to support the application, and has satisfied the following criteria: 2) That there not are extraordinary or exceptional circumstances or conditions applicable to the property involved that do not apply generally to properties in the same district. 3) That granting of the Variance is not necessary for the preservation and enjoyment of substantial property rights of the applicant, and to is not necessary to prevent unreasonable property loss or unnecessary hardship; and Resolution No. 6294 Page -2- V-2004-03 January 25, 2005 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 denied 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-2004-03, as set forth in the Minutes of the Planning Commission Meeting of January 25, 2005, and are incorporated by reference as though fully set forth herein. 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