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DIR-1997-08b CITY OF CUPERTINO " ]):r f2 -VIr; 7 - (; ~ 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Councilmembers Chairman and Planning Commissioners From: Robert Cowan, Director of Community Development Date: June 9, 1997 Subj: Report of Director's Decision Regarding a Minor Modification f~ Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow any Councilmember or Planning Commissioner to appeal the decision within fourteen calendar days. Application Application 8-U-96(M) Minor modification of a use permit to reflect corrected land area frontage on a property located at 10036 Peninsula Avenue. Description According to the applicant, during the preparation of a Record of Survey on the property, they discovered that the actual land area was short by 42 square feet (12 square feet on Parcell and 30 square feet on Parcel 2) or 0.5 percent ofthe project area. All ofthe shortage occurs along the Peninsula Boulevard frontage which is within the portion of the parcel vacated by attached Resolution No. 9694 (Exhibit A), dated September 3, 1996. The applicant is applying for a minor modification to reflect the revised land area measurements. Square footali:e Exhibit B of Resolution No. 9694, shows a plat ofthe abandonment and the land area measurements as originally approved. Exhibit C contains a letter from the applicant dated April 28, 1997, with the revised land area measurements, both of which are shown on the table below: Peninsula Blvd. Fronta~e Ori~inal Revised Length along Parcel 1 Length along Parcel 2 46.80 feet 38.92 feet 46.57 feet 38.47 feet Total 85.72 feet 85.04 feet Difference in street frontage between Original and Revised .68 feet 2 The following table shows the effect of this land area reduction to the FAR (Floor Area Ratio on each lot (based on the final approved floor area of 1,932 sq. ft. per lot/parcel): Parcell Lot Original land area calc. (sq. ft.) Original FAR Final land area calc. (sq. ft.) Final Difference FAR Sq. Ft. % 1 2 3,963 4,011 .485 .482 3,951 3,981 .489 .485 12 30 .3 .75 FAR measurements are important since Condition #8 of attached City Council Action Letter dated September 16, 1997, limits it to 48%. The above table shows that the FAR will still be within the approved limit. Staff feels that the land area correction will not adversely affect the project or the surrounding area. Moreover, the very small rise in FAR will also not have a negative effect on the project. Therefore, staff recommends approval of this minor modification. Action The Director approves the minor modification. Enclosures: Exhibit A: Resolution No. 9694 dated September 3, 1996 Exhibit B: Exhibit B from Resolution No. 9694 Exhibit C: Letter from Edward J. Hahamian dated April 28, 1997 City Council Action Letter dated September 16, 1997 g:pdreport/8u96m 2 EXHIBIT A: RESOLUTION NO. 9694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DECLARING ITS INTENTION TO ORDER V ACA TION OF A PORTION OF PENINSULA BOULEV ARD AS PROVIDED IN SECTION 8320 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, RETAINING PUBLIC UTILITY EASEMENT WHEREAS, hearing on Resolution of Intention No 9632 was held on September 3. 1996, at a regular meeting of the City Council at 10300 Torre Avenue, Cupertino, California; and WHEREAS, it appears that notice thereof was duly given as required by law; and WHEREAS, from the evidence presented, both oral and documentary, it appears to be in the best interest of the city to vacate the hereinafter described portion of a city street; and that said portion of said city street is unnecessary for present or prospective public street purposes, but is necessary to be retained as public utility easement. WHEREAS, existing streets are adequate to handle present and future projected traffic; and WHEREAS, vacation is in conformation with the city's General Plan. NOW, THEREFORE, BE IT RESOLVED: 1. . That all or any protests against the vacation of said portion of city street be and hereby are overruled and denied; 2. That said portion of Peninsula Boulevard described and shown in Exhibits "A" and "B" attached hereto and made part hereof, be and hereby is vacated, but is retained as Public Utility Easement. BE IT FURTHER RESOLVED: That the City Clerk be and hereby is instructed and directed to caused a certified copy of this resolution, attested to and sealed with the official seal of the City, to be recorded with the County Recorder of the County of Santa Clara, California, forthwith. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of September, 1996, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members Q[ ~ Qty Council Baut1sta, Chang, Dean, Sorensen, Burnett None None None ATTEST: APPROVED: /s/ Kimberly Smith City Clerk /s/ Don Burnett Mayor, City of Cupertino '. EXHIBIT A DESCRIPTION FOR THE ABANDONMENT OF A PORTION OF PENINSULA BLVD. WITHIN THE CITY OF CUPERTINO, SANTA CLARA COUNTY. CALIFORNIA All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being that portion of Peninsula Boulevard lying southerly of Lots 10, 11 and 12, Block 3, as shown on "Map of Manta Vista First Addition" (hereinafter referred to as "Map"), which map was filed for record in Book P of Maps at Page 23, Santa Clara County Records, described as follows: Beginning at the most westerly corner of said Lot 10, Block 3 of said Map; thence along the southwesterly boundary line of said Lots 10, 11 and 12, Block 3, also being the northeasterly line of .Peninsula Boulevard as shown upon said Map, and along a curve'to the left having a radius of 587 feet through a central angle. of 7056'50" an arc length of 81.42 feet to the southerly corner common to Lots 12 and 13, Block 3 of said Map; thence along the southwesterly extension of the boundary line common to said Lots 12 and 13, S30"42'30"W 20.11 feet; thence along a non- tangent curve to the left having a radius of 248 feet (a radial line of said curve through said point bearing S58036'27"W) through a central angle of 19048'09" an arc length of 85.71 feet to the point of beginning (a radial line through said point bearing S38048'18"W). . Containing 528 square feet or 0.0121 of an acre, more or less. Refer to EXHIBIT B, PLAT, which is hereby made a part of this description. Date: May 28, 1996 ----- EXHIBIT at Ie:. 4S7;~= 7QS6'30" L:, 67.50 ~ 3 o ,'~ rz; ~"\. y--v 0(, o c J< ~ /3 Q L P 0-; MOurA VIS :t .~ ~ foItA FIR.~-r ADOI-r1a){;.&E23 ~ ~ ~ ..'~ \p ~:~ps '\ \ / ::~ t . ..... t\J " : '..' ...... ::.' o 0 C 'I - .,~ ! ~ ,q; g CYJ.di L ~ ~fJ) \ "1 L- 81.42- _~ r<=Se7, A=705650, - J~ 1\ ~ PEN fN t\J ... ~ 5 UL A ...... ~I~ ~~ &1 t-- ~ -~ 8L.. VD ~~ ~~ ~ " ,~ ~. L ~ ~\S\ 'V ~..... b'O /<~6z0-0' R= 2/S J~: ,-; ~ Cl) NEw <i 7 30'Z7~' 7"::---. t5 PeR R 1 L.:, Q'5: - ~ -J 3/() MAn t:C; SVL:J .?O .t~~ ' r'S A '"T VS'v-: r:J 0'/5 1-0' IT"'.>O "<1. ..... ; .3a. "~~.9' o.~~~" \U Q tf) : ::~ .' .... R=Z 46,.1= IS. 48'09 ~ L- - 8s. ?'/ ~N ~ ~ ;:t :~ ~ c:l ,~ <2. ~ o~ -<.~ ~ \ t"fI~..n~ b~ ~ A'oo.'(lOOf'\; Sle b'J o~~o\u:t\O('\ e ~ (gL1't\c:.i\ C\ 1\<\0 c.\. J C~~d" \ 99\ oec. ~I .. LEGEND . MQnurnet\-t 5o~ AREA. TO 5 E. A5A~O O~ED= 5fS SQ.FJ ~ ~ r~ ~, ~ oS' ~ 'YJ' '00 / ~ Q" 3>.;;. ~~~ ,~<<, . l(, ~ ~.'v c.,~ ~~ t? -.(if~+ " ... v / /1,' EXHIBIT B PLAT OF PR.OPOSED ABANDONMENT OF A PORTION 0 FPENlN5ULA BOULE-VARD ,-, ~,/ "..... - - .. -.... ....... - ... - EXHIBIT C: EDWARD J. HAHAMIAN CIVIL ENGINEER 1211 PARK AVENUE #212 SAN JOSE, CALIFORNIA 95126 (408) 279-2954 April 28, 1997 Director of Planning City Hall Cupen: ino , CA SUBJECT: 10036 Peninsula Ave., for Chang/WBF, Project SFDWL(2) RE: Data for Application for Planning Director's Minor Modification Dear Mr. Cowan: During the preparation of the Record of Survey to monument the approved new lot/parcel lines and parcel merger for this site, we discovered a small shortage of 42 square feet or 0.5 percent of the project area; this shortage occurs within that portion of Peninsula Avenue vacated by the City Council by Resolution No. 9694, which area was subsequently sold to the current owners. The following table summarizes the effect of this minor area shortage on each lot. Parceli Area per our FAR, Final Area FAR, Difference Lot original calcs) Original per Rec. Surv,) Final sq. ft. % square feet square feet 1 3963 0.48 3951 O.4~ 12 0.3 2 4011 0.48 3981 0.485 30 0.75 The FAR calcula~ions square feet of floor are bas~d on the final approved area of 1932 area per Lot/Parcel. ~} ;,{' , Signed~4~~A ~ Applicant CC: Lily Chang, Inc. City Hall 10300 Torre A venue Cupertino. CA 95014-3255 Telephone: (408) 777-3'2'23 FAX: (408) 777-3366 ( . i I \ (II. Cl1perthio OFFICE OF THE CITY CLERK September 16, 1996 Sheena L. Chang 1646 Centre Pointe Drive Milpitas, California 95035 CITY COUNCIL ACTION - APPLICATIONS 8-U-96, 4-Z-79 (MOD.) AND 12-EA-96, SHEENA CHANG - USE PERMIT TO CONSTRUCT TWO SINGLE F AMIL Y RESIDENCES IN A PROPOSED PLANNED RESIDENTIAL ZONE A1~D REZONING A .17 ACRE PARCEL TO A PR (pLANNED RESIDENTIAL) ZONE; PROPERTY LOCATED AT 10036 PENINSULA BOULEVARD At the regular meeting of September 3, 1996, the Cupertino City Council granted a negative declaration, approved Application No. 8-U-96 per Planning Commission Resolution No. 4722; approved Application No. 4-Z-79 (Modified) per Planning Commission Resolution No. 4723, and conducted the first reading of Ordinance No. 1734. The second reading of this ordinance is scheduled for Monday, September 16, 1996. The conditions of approval are as follows: Application No. 8-U-96: SECTION III: CONDITIONS ADMINISTERED BY THE COMJvfUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS - The recommendation of approval is based on Exhibits N' and Al dated 6/26/96, and A2 dated 5/28/96, and L1 dated 6/27/96, and material board exce;t~ may be amended by the Conditions contained in this resolution. ..., ARBORIST REOUIREMENTS The coast live oak tree No.2 shall be saved. The arborist recommendations outlined in the Barrie D. Coate report of May 23, 1996, shall be followed during all constructed activities (demolition. grading and building construction). A contract shall be entered into with an Internationally Certified Arborist and a copy submitted to staff. The purpose of the contract will include an agreement to participate in initial site inspection prior to demolition, grading or construction activity to confirm protection measures are in place, participation in plan development which requires the arborist be involved prior to building demolition, grading and road construction plans to confirm recommended practices are proposed. The contract shall also require that the arborist submit quarterly \Hitten reports to staff confirming site inspections have been completed and recommended protection measures are being met. A bond in the amount of :::J"r>',~:: ,":(1 Hr?C'./C~r?C1 p.1c~r $10,000 shall be submitted for the oak tree to be protected during development (demolition, grading and construction). This money may be released following final inspection by the above referenced arborist. The arborist shall submit in writing that the tree has been adequately protected during construction and are expected to survive. 3. COMPLIANCE WITH SINGLE F AMIL Y REGULATIONS Modifications to the approved plans are allowed if in compliance with the single family residential zoning district and the accessory structure ordinances. 4. LOT LINE AD.nJSTMENT A lot line adjustment shall be completed to the satisfaction of planning and public works to relocate the property lines in substantial conformance with the approved plans. 5. . DEMOLITION REQUIREMENT All existing structures on the site shall be removed prior to or concurrently with project construction. The developer shall assume the responsibility to obtain all required demolition permits in accordance with City Ordinances. The applicant shall agree to site inspection by Historical Society if requested. 6. GRADING STANDARDS The gr.ading concept and building location for each lot shall substantially reflect the approved Exhibits upon which the subject application is based. 7. LANDSCAPE REVIEW The applicant shall submit a comprehensive landscape planting plan and irrigation plan in conformance with Chapt~r 14.15, Xeriscape Landscaping, of the Cupertino Municipal Code. 8. FLOOR AREA RATIO A maximum floor area ratio of 48% is approved. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 9. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. Abandonment of portion of the Peninsula Boulevard shall be subject to the approval of all the utility company and developer or owner to pay to the City at the cost of $18.00 per square foot. 10. 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. 11. 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 ma.ximum heig.i1t permitted by the zone in which the site is located. '." 12. FIRE HYDRANT Fire hydrants shall be located as required by the City. 13. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 14. STREET TREES Street trees shall be planted within the Public Right of \Vay and shall be of a type approved by the City in accordance with Ordinance No. 125. 15. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 16. 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 storm drain facilities are deemed necessary by the City Engineer. Development in all other zoning districts shall be 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. 17. 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. 18. 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. a. Checking & Inspection Fees: b. Development Maintenance Deposit: c. Storm Drainage Fee: d. Power Cost: e. Map Checking Fees: f. Park Fees: $ 5% ofImprovement Cost or $1,744.00 minimum $ 3,000.00 $ 236.07 $ 75.00 per street light $ 381.00 $ 15,750/lot 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. 19. 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. 20. REMAINDER PARCEL Remainder Parcel is allowed for a lot that is not subdivided for the purpose of sale, lease or financing per Section 66424.6 of the Subdivision Map Act. A Certificate of Compliance or Conditional Certificate of Compliance shall be required on this parcel at the time of sale. lease or financing and all fees and required improvements shall be paid and constructed to the City at the time of application. 21. DEDICATION OF WATERLINE The developer shall execute a quitclaim deed for underground water rights to Cupertino Water Company and shall reach an agreement with Cupertino Water Company for water service to the subject development. Application No. 4-Z-79 (Modified): 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit B, Ordinance, Zoning Plat Map for APN 326-25-017, Legal Description, except as may be amended by the conditions contained in this resolution. Please review conditions carefully. If you have any questions regarding the conditions of approval, please contact ,the Department of Community Development staff members for clarification. Failure to incorporate conditions into your plan set will result in delays at the plan checking stage. If development conditions require tree preservations, do not clear the site until required tree protection devices are installed. The expiration date for the use permit is September 3, 1998. (Section 6.4 of Ordinance No. 652 as revised by Ordinance No. 1136). Sincerel~, .. ~~ ~ITH,CMC CITY CLERK KS/cs cc: Department of Community Development Department of Public Works Phillip Savio Cupertino Sanitary District 20065 Stevens Creek Blvd. Cupertino, CA 95014 Daryl Fazekas 50 University Ave., Ste. 1 Los Gatos, CA 95030