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V-2013-02b OFFICE OF COMMUNITY DEVELOPMENT ��, CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N C3 (408)777-3308 • FAX(408)777-3333• planninqCa�cupertino.orq Apri128, 2014 james Chen 2881 Meridian Ave. #118 San Jose, Ca. 95124 SUBJECT: ADMINISTRATIVE HEARING MEETING ACTION LETTER—T'M-2013-01,V-2013-01 This letter confums the decision of the Administrative Hearing Officer, given at the meeting of Apri124, 2014; approving a Tentative Map application to subdivide a .46 acre parcel into two lots of 9,671 and 9,700 square feet and a Variance application to allow reduced lot widths of approximately 50 feet where 60 feet is required for a proposed two-parcel subdivision, located at 21815 Lomita Avenue, according to Resolution No(s). 29 and 30. Please be aware that if this permit is not used within two years, it shall expire on Apri124, 2016. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of the mailing of the notification this decision. If this happens, you will be notified of a public hearing, which will be scheduled before the Planning Commission. Sincerely, _ Kaitie Groeneweg Assistant Planner City of Cupertino Enclosures: Resolution No. 29 &30 CC:Alex Kang,20874 Hanford Dr,Cupertino CA 95014 V-2013-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 30 OF THE ADMINISTRATIVE HEARING MEETING OF THE CITY OF CUPERTINO TO APPROVE A VARIANCE TO ALLOW REDUCED LOT WIDTHS OF APPROXIMATELY 50 FEET WHERE 60 FEET IS REQUIRED FOR A PROPOSED TWO-PARCEL SUBDIVISION AT 21815 LOMITA AVE (APN 367-16-061) SECTION I: PRO�ECT DESCRIPTION Application No.: V-2013-02 Applicant: James Chen Property Owner(s): Alex Kang Location: 21815 Lomita Ave APN 367-16-061 SECTION II: FINDINGS WHEREAS, the Administrative Hearing Meeting of the City of Cupertino received an application for a variance, as described in Section I of this Resolution; and WHEREAS, the necessary notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Administrative Hearing Officer has held one or more Public Hearings on this matter; and WHEREAS, the Administrative Hearing Office finds that the applicant has met the burden of proof required to support this application, and has met the following findings in order to grant the variance: 1. There are special circumstances applicable to the property (including size, shape, topography, location or surroundings) that do not apply generally to property in the same district. The subject property is approximately twice the width and size of any adjacent existing lots on Lomita Avenue or in the surrounding neighborhood. Therefore, granting the variance for the reduced lot widths will ensure that the lots are consistent with the existing neighborhood pattern. 2. The special circumstances applicable to the property deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. As the Granting the variance request to subdivide the property with a lot width equal to adjacent similar lots will allow the applicant to enjoy the same rights and privileges as the neighboring properties. The proposed project lot widths will be consistent with the existing neighborhood pattern. 3. The issuance of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning in which such property is situated. The granting of the variance to site the water towers and associated pressure tanks is to pressurize water supply system for distribution of potable water and to provide enough pressure for the fire sprinkler system for fire protection and for life, health, safety and public Resolution No. 30 V-2013-02 Apri124,2014 welfare. No special privileges will be granted for this particular property not typically enjoyed by other sixnilarly situated properties. No special privileges will be granted for this particular property not typically enjoyed by other similarly situated properties. 4. The variance is not being issued for the purpose of allowing a use that is not otherwise expressly authorized by the zone regulation governing the parcel of the property. The subject property is zoned residential and is entitled for a single family residence. No other uses are proposed on-site that would conflict with the zoning regulations governing the property. 5. The granting of the application 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. The granting of the application will not have an adverse impact on the health and safety of persons residing or working in the neighborhood or pose a detriment to the neighbor's property. The property will be able to develop in a manner similar to the adjacent neighbors. 6. T'he proposed development and/or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, and the purpose of this title and complies with the California Environmental Quality Act(CEQA). The proposed variance would further the goals contained within Cupertino's Comprehensive General Plan, and complies with the California Environmental Quality Act (CEQA). NOW,THEREFORE,BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for a variance is hereby recommended for approval by the Administrative Hearing Officer of the City of Cupertino. That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application V-2013-02 as set forth in the Minutes of the Administrative Hearing Meeting of April 24, 2014 and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on the exhibits titled, "21815 Lomita Ave, Cupertino, CA 95014" prepared by James Chen, Civil and Structural Engineers, dated December 10, 2013 and consisting of eight sheets labeled 1, C.O, C-1, A-0, A-1, A-2, A-3 & A-4, except as may be amended by the conditions contained in this resolution. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of property data may invalidate this approval and may require additional review. Resolution No. 30 V-2013-02 Apri124,2014 3. PLANNING PERMITS REQUIRED FOR NEW HOMES The applicant and/or owner shall obtain the appropriate approvals from the City for all of the proposed residential homes prior to recordation of the final map. Proposals for two-story residences shall be subject to either a Two-Story or Residential Design Review permit per the Single-Family Residential(Rl) Zoning Ordinance prior to applying for building permits. The proposals shall closely resemble the quality and design as indicated on the conceptual drawings submitted with the application for TM-2013-01. 4. CONCURRENT APPROVAL CONDITIONS The variance request is only conditionally approved contingent upon the concurrent approval of the subdivision application(TM-2013-01) 3. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements, and includes, but is not limited to, the following departments: Santa Clara County Fire Department, Building Division, and Public Works Department. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 5. EXPIRATION The approval or conditional approval of a variance shall expire twenty four (24) months from the date of Administrative Hearing approval. An extension or extensions may be approved as provided in Section 18.20.080. 4. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 5. NOTICE OF FEES DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPT. 6. STREET WIDENING Resolution No. 30 V-2013-02 Apri124,2014 Public street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks, pavement and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. 8. PEDESTRIAN AND BICYCLE IMPROVEMENTS Developer shall provide pedestrian and bicycle related improvements consistent with the Cupertino Bicycle Transportation Plan and the Pedestrian Transportation Guidelines, and as approved by the City Engineer. _ 9. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 10. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Hydrology and pre- and post- development hydraulic calculations must be provided to indicate whether additional storm water control measures are to be constructed or renovated. The storm drain system may include, but is not limited to, subsurface storage of peak stormwater flows (as needed), bioretention basins, vegetated swales, and hydrodynamic separators to reduce the amount of runoff from the site and improve water quality. T'he storm drain system shall be designed to detain water on-site (e.g., via buried pipes, retention systems or other approved systems and improvements) as necessary to avoid an increase of the ten percent flood water surface elevation to the satisfaction of the City Engineer. Any storm water overflows or surface sheeting should be directed away from neighboring private properties and to the public right of way as much as reasonably possible. 11. UNDERGROUND UTILITIES 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. Developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 12. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for under grounding of utilities. Said agreement shall be executed prior to issuance of construction permits Fees: a. Checking&Inspection Fees: $Per current fee schedule($2,707 or 5%) b. Grading Permit: $Per current fee schedule($2,542 or 6%) c.Development Maintenance Deposit: $ 1,000.00 d. Storm Drainage Fee: $TBD Resolution No. 30 V-2013-02 Apri124,2014 e. Power Cost: ** f. Map Checking Fees: $Per current fee schedule ($4,130.00) g. Park Fees: $Per current fee schedule ($15,750) h. Street Tree $Per current fee schedule ($676) '�* Based on the latest effective PG&E rate schedule approved by the PUC Bonds: Faithful Performance Bond: 100%of Off-site and On-site Improvements Labor&Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. 13. C.3 REQUIREMENTS C.3 regulated improvements are required for all projects creating and/or replacing 10,000 S.F. or more of impervious surface (collectively over the entire project site). The developer shall reserve a minimum of 4% of developable surface area far the placement of low impact development measures, for storm water treatment, on the tentative map, unless an alternative storxn water treatment plan, that satisfies C.3 requirements, is ap proved by the City Engineer. The developer must include the use and maintenance of site design, source control and storm water treatment Best Management Practices (BMPs), which must be designed per approved numeric sizing criteria. A Storm Water Management Plan, Storm Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance Agreement, and certification of ongoing operation and maintenance of treatment BMPs are each required. All storm water management plans are required to obtain certification from a City approved third party reviewer. 14. EROSION CONTROL PLAN Developer shall 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. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMPs), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans shall be included in grading and street improvement plans. 16. STREET TREES Street trees shall be planted within the Public Right of Way to the satisfaction of the City Engineer and shall be of a type approved by the City in accordance with Ordinance No. 125. 17. TRANSFORMERS Resolution No. 30 V-2013-02 Apri124,2014 Electrical transformers, telephone cabinets and similar equipment shall be placed in underground vaults. T'he developer must receive written approval from both the Public Works Department and the Community Development Department prior to installation of any above ground equipment. Should above ground equipment be permitted by the City, equipment and enclosures shall be screened with fencing and Iandscaping such that said equipment is not visible from public street areas, as determined by the Community Development Department. Transformers shall not be located in the front or side building setback area. 18. WATER BACKFLOW PREVENTERS Domestic and Fire Water Backflow preventers and similar above ground equipment shall be placed away from the public right of way and site driveways to a location approved by the Cupertino Planning Department, Santa Clara County Fire Department and the water company. 19. NPDES CONSTRUCTION GENERAL PERMIT When and where it is required by the State Water Resources Control Board (SWRCB), the developer must obtain a Notice of Intent (NOI) from the SWRCB, which encompasses preparation of a Storm Water Pollution Prevention Plan (SWPPP),use of construction Best Management Practices (BMPs) to control storm water runoff quality, and BMP inspection and maintenance. 20. WORK SCHEDULE Every 6 months, the developer shall submit a work schedule to the City to show the timetable for all grading/erosion control work in conjunction with this project. 21. FIRE PROTECT'ION Fire sprinklers shall be installed in any new construction to the approval of the City. 22. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shall be obtained from the Santa Clara County Fire Department prior to issuance of building permits. Clearance should include written approval of the location of any proposed Fire Backflow Preventers, Fire Department Connections and Fire Hydrants (typically Backflow Preventers should be located on private property adjacent to the public right of way, and fire department connections must be located within 100' of a Fire Hydrant). 23. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 24. SAN TOSE WATER COMPANY CLEARANCE Provide San Jose Water Company approval for water connection, service capability and location and layout of water lines and backflow preventers before issuance of a building permit approval. 25. DEDICATION OF WATERLINES Developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water Company for water service to the subject development. 26. DEDICATION OF UNDERGROUND WATER RIGHTS Resolution No. 30 V-2013-02 Apri124,2014 Developer shall "quit claim" to the City all rights to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley. 27. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 28. UTILITY EASEMENTS Clearance approvals from the agencies with easements on the property (including PG&E, AT&T, and California Water Company, and/or equivalent agencies) will be required prior to issuance of building permits. PASSED AND ADOPTED this 24th day of April 2014, at a Regular Meeting of the Administrative Hearing Meeting of the City of Cupertino by the following roll call vote: AYES: HEARING OFFICER: Chao NOES: HEARING OFFICER:none ABSENT: HEARING OFFICER:none ATTEST: APPROVED: /s/Kaitie Groeneweg /s/Gar�Chao Kaitie Groeneweg Gary Chao Assistant Planner Assistant Director of Community Development