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Consent EXT-2009-01 Hu residenceCITY OF CUPERTINO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No. ~QI~S~~r Agenda Date: August 25, 2009 Application: EXT-2009-01, EXT-2009-02 (CONSENT) Applicant & Owner: Sing-Chung Sam Hu & Diana Hu Location: 10217 Pasadena Ave APN 316-18-025 APPLICATION SUMMARY: • Approve a request for a one year extension for the Use Permit (U-2007-05) for two residential units at the project site to August 24, 2010, Application No. EXT-2009-01 • Approve a request for a one year extension for the Architectural & Site Approval (ASA-2007-09) to August 24, 2010, Application No. EXT-2009-02 RECOMMENDATION: Staff recommends that the Planning Commission grant the one-year time extension for the use permit and architectural and site approval that would extend the approvals to August 24, 2010. BACKGROUND: On August 14, 2007, the Planning Commission approved a use permit and architectural and site approval to allow the development of two single family residences, 2,838 square feet each, in a planned development zoning district (See Attachment A). Due to economic conditions, the applicant is requesting aone-year extension of these approvals (See Attachment B). The applicant is not requesting an extension of the tentative map since AB333 signed recently by the Governor of California, allows an automatic extension of two years to an approved tentative map (See Attachment C) to August 14, 2011. DISCUSSION: City ordinance (Cupertino Municipal Code sections 19.124.100 and 19.134.100) authorizes the original approval authority, in this case the Planning Commission, to extend project approvals for a maximum of one year without a public hearing. Therefore, the applicant's request is being presented to the Planning Commission as a consent item. Prepared by: Piu Ghosh ~~~/- ~ Attachment 1 1U~UU 1 orre twenue Cupertino, CA 95014 ~ F (408) 777-3308 C U PE I~TI NO ~ (408) -3333 Vie; :;ni~ni b~a~xR rrnex~t-i:1 xtr~nexat August 15, 2007 Terry Brown 10491 Scenic Blvd Cupertino, Ca. 95014 SUBJECT: PLANNING COMMISSION ACTION LETTER - U-2007-05, ASA- 2007-09, TM-2007-10 This letter confirms the decision of the Planrung Commission, given at the meeting of August 14, 2007, approving a Use Permit and Architectural and Site approval to construct two single family residential units and the approval of a Tentative Map to create two parcels of 6,240 square feet each, located at 10217 Pasadena Ave, according to Planning Commission Resolution Nos. 6478, 6479 and 6480. Please be aware that if this permit is not used within atwo-year period, it shall expire on August 14, 2009. Please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled before the City Council. Sincerely, _~~` ~~ Piu Ghosh Assistant Planner Enclosures Resolutions 6478, 6479 and 6480 CC :Diana Hu, 1038 Windsor St., San Jose CA 95129 Printed on Recycled Paper ~~-3 U-2007-05 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0.6480 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT TO CONSTRUCT TWO SINGLE FAMILY RESIDENTIAL UNITS AT 10217 PASADENA AVE SECTION I: PROTECT DESCRIPTION Application No.: U-2007-05 Applicant (s): Terry Brown (Diana Hu) Property Location: 10217 Pasadena Ave SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section R 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 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 proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan, the Vallco Development Agreement and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2007-05 is hereby approved; 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 U-2007-05, as set forth in the Minutes of the Planning Commission Meeting of August 14, 2007 and are incorporated by reference herein. ~~ T Resolution No. 6480 U-2007-05 August 14, 2007 Page 2 SECTION III: CONDITIONS ADMIlVISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT 1. APPROVED EXHIBITS Approval is based on plan set "10217 Pasadena Ave, Cupertino, CA 95014" stamped "Received August 7, 2007", consisting of 11 pages labeled 0.1, 2 of 12, 3 of 12, 4 of 12, 5 of 12, 6 of 12, 7 of 12, 8 of 12, 9 of 12, 10 of 12, 11 of 12, except as amended by the Conditions contained in this Resolution. 2. DEVELOPMENT APPROVAL Approval is granted to construct 2 units. 3. CORRECTION TO SITE PLAN The Site Plan shall be corrected to reflect that Residence 1 is the home on the north lot and Residence 2 is the home on the south lot. 4. PRIVACY PROTECTION The Privacy Protection Plan shall be revised to satisfy the requirements as outlined by the Cupertino City Ordinance. Final Privacy Protection Plan shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 5. PROTECTED TREES The two redwood trees, one 22" redwood and one 10" redwood, in the southwest corner of the property shall be retained as protected trees. 6. TREE PROTECTION As part of the demolition or building permit drawings, a tree protection plan shall be prepared by a certified arborist for the trees to be retained. In addition, the following measures shall be added to the protection plan: - For trees to be retained, chain link fencing and other root protection shall be installed around the drip line of the tree prior to any project site work. - No parking or vehicle traffic shall be allowed under root zones, unless using buffers approved by the Project Arborist. - No trenching within the critical root zone area is allowed. If trenching is needed in the vicinity of trees to be retained, the City's consulting arborist shall be consulted before any trenching or root cutting beneath the drip line of the tree. - Wood chip mulch shall be evenly spread inside the tree projection fence to a four-inch depth. - Tree protection conditions shall be posted on the tree protection barriers. - Retained trees shall be watered to maintain them in good health. - A covenant on the property shall be recorded that identifies all the protected trees, prior to final occupancy. The tree protection measures shall be inspected and approved by the certified arborist prior to issuance of building permits. The City's consulting arborist shall ~~~~~ Resolution No. 6480 U-2007-05 August 14, 2007 Page 3 inspect the trees to be retained and shall provide reviews prior to issuance of demolition, grading or building permits. A report ascertaining the good health of the trees mentioned above shall be provided prior to issuance of final occupancy. 7. FRONT YARD TREE One tree shall be planted on each homes front yard. 8. 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 1V: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 9. OFF SITE IMPROVEMENTS Curbs and gutters, sidewalks, streetlights, street widening and related structures shall be installed in accordance with grades and standards as specified by the City Engineer. If street lighting is required, street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 10. 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. 11. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. *Pre and Post-development calculations must be provided. 12. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. Ordinance No. 331 requires all overhead lines to be underground whether the lines are new or existing_ The developer shall submit COW LO Resolution No. 6480 U-2007-05 August 14, 2007 Page 4 detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 13. 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. Grading Permit Fee: b. Checking and Inspection Fee: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: $ 6% of On Site Improvement Costs or $ 2,163.00 minimum $ 5% of Off Site Improvement Costs or $ 2,304.00 minimum $1,000.00 $ 369.59 To be Determined ** $ 3,515.00 $ N/A Bonds (Required): a. On-Site Improvements Bond: 100% Performance Bond b. Off-Site Improvements Bond: 100% Performance Bond; 100% Labor/Material Bond -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 for one-year power cost for streetlights 14. UTILITY LETTER The applicant must obtain a will serve letter from each utility company (PG&E, California Water, Cupertino Sanitary District, SBC), Santa Clara County Fire and City of Cupertino prior to parcel map recordation. 15. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section 1V. Of this resolution conform to generally accepted engineering practices /s/Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 ~O~ ? ~.~~~~ ~ Sing Chung Sam Hu Diana Hu dynastyhus@yahoo.com 1038 Windsor St. San Jose, CA 95129 Home :(408)252-0571 Cell: (408)859-5539 August 4, 2009 City of Cupertino Community Development Department Planning Division 10300 Torre Avenue Cupertino, CA 95014 Phone: 408-777-3308 RE: Request Extension of Use Permit U-2007-OS at 10217 Pasadena Ave. Hi: The original plan is to refinance the recent complete Mix-Use building at 10026 Orange Ave to fund the construction of 10217 Pasadena. However, the commercial loan was not easily available due to financial market melt down since Sept. 2008. Hence, I request City of Cupertino to grant the extension of Use Permit U-2007-OS at 10217 Pasadena Ave. This will allow more time to obtain financial to fund the construction. Please consider the recent improvement in economic environment and grant the extension. Feel free to contact me for any question. Regards, r ~''vw_wv/w/ ~~~}~~ / "~Smg-Chung Sam Hu Owner of 10217 Pasadena Ave. Property Attachment: Letter of Planning Commission Action Letter - U-2007-OS cd~ 9 Attachment 3 BILL ANALYSIS ------------------------------------------------------------ ISENATE RULES COMMITTEE I AB 3331 (Office of Senate Floor Analyses I I 11020 N Street, Suite 524 I I I (916) 651-1520 Fax: (916) I I 1327-4478 I I ------------------------------------------------------------ THIRD READING Bill No: AB 333 Author: Fuentes (D) Amended: 05/04/09 in Assembly Vote: 27 - Urgency SENATE LOCAL GOVERNMENT COMMITTEE 5-0, 6/17/09 AYES: Wiggins, Cox, Aanestad, Kehoe, Wolk SENATE APPROPRIATIONS COMMITTEE Senate Rule 28.8 ASSEMBLY FLOOR 76-0, 5/28/09 (Consent) - See last page for vote SUBJECT Land use: subdivision maps: expiration dates SOURCE California Building Industry Association California League of Cities DIGEST This bill extends the expiration dates by 24 months for tentative maps issued to developers, provided their approval date has not expired when this bill takes effect. ANALYSIS Under the Subdivision Map Act, cities and counties approve tentative maps that must be consistent with their general plans, attaching scores of conditions. Once subdividers comply with those conditions, local officials must issue final maps. For smaller subdivisions (lot splits) local officials usually use parcel maps, but ~~~r/a they can require tentative parcel maps followed by final CONTINUED AB 333 Page 2 parcel maps. Tentative maps can be valid for up to 16 years: The initial life of a tentative map is two years. At the option of the city or county, a map's initial life can be three years. Local officials can grant extensions for up to six years. If the subdivider spends substantial funds and files phased final maps, the remaining tentative map is automatically extended by three years, up to a maximum of ten years. These deadlines don't apply during development moratoria (up to five years) or during pending litigation (up to five years). The Legislature extended the life of unexpired tentative maps, without local review or approval. Legislators said that tentative maps that were valid on: September 13, 1993, gained two more years (SB 428 [Thompson], Chapter 407, Statutes of 1993). May 14, 1996, gained one more year (AB 771 [Aguiar], Chapter 46, Statutes of 1996). July 15, 2008, gained one more year (SB 1185 [Lowenthal], Chapter 124, Statutes of 2008). This bill extends the expiration date by 24 months for any tentative map, vesting tentative map, or parcel map for which a tentative map or tentative vesting map has been approved and the approval has not expired-when this urgency bill takes effect. This extension is in addition to any other statutory extensions. For any legislative, administrative or other approval by a state agency relating to a development project in a subdivision affected by this bill that has not expired when the bill takes effect, this bill extends the expiration date by 24 months. This extension is in addition to any other statutory extensions. Gds/' /l AB 333 Page 3 This bill reduces, from five years to three years, the period of time after the approval of a tentative map or recordation of a parcel map during which a city or county is prohibited, with exceptions, from imposing specified conditions on a building permit. The bill states that the prohibition on conditions being placed on building permits does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee upon the issuance of a building permit or after the issuance, including a fee as defined in the Mitigation Fee Act. C'nmmant ~ Until the demand for new housing resumes, subdividers aren't likely to complete the required conditions of their tentative maps and qualify for final maps. With statutory time limits looming, some builders risk losing their earlier approvals and having to start over again. Similar to the Legislature's three earlier responses during other market slumps, this bill preserves subdividers' ability to complete their conditions so that they can build houses once California's economy picks up again. This bill largely replicates the language in last year's Lowenthal bill. However, this bill includes additional provisions relating to the conditions that cities and counties can place on building permits during the five years after the approval of a tentative map or recordation of a parcel map. By reducing, from five years to three years, the period of time during which cities and counties are prohibited from placing specified conditions on the issuance of any building permit, and by stating that that prohibition does not apply to specified permit fees, this bill attempts to mitigate some of the impacts of repeated subdivision and parcel map extensions on cities and counties. FISCAL EFFECT Appropriation: No Fiscal Com.: Yes Local: Yes ~Q~ ~~ T LIST • STREET TREES. 24' bos sire, typal I "APP~d street tree) A) PnRpe Blhew'FlowerBg Plun SIfE TREES... 24' ltos siu, typal { • Approved prlvary saeerYrg 1 B) Euayptru; PdyeAhsrrps'SOver Dalar C) BeWIa Euop~'Euro{xan Wnpe arch' D) P4tp5panen Cres.NdWm E) PtlosparRn UnplYasrm YClodan Baf '(15 gal. She) F) Syagnrs RomanmAlanum'pueen Palm• G) Leger9rcemiaNrdka•CropeMyrpe' 5NAU65...1-75 galas she, typkxl Tppnl chubs k~kda Rose, Agtmemnus, Ertl a Ferazfise, Nydrorfgea, Gardanla, & and Australan Tree hem 22~-0" --- ' ' ~ y"1~/~~ ~ A SA aov'! f G(a(J7 arzr~,~„~~. U~oo~- as A~awe Nawtw f J.~~,.~,,.m ~.~Le.ll~fs~. !f - - ~41t r~ Sigratur'e Cou ~lcnl-~et ~~ 20-0' .~. RECENED AU6 0 7 Y001 RE511BOIVI9pN ND. 1 - TARN OF MONTA VISTA I 17 16 -LOMITA --, -- AVENUE--- J A ns -I eM ~ R~ ~~ J~ r ~ ~ ~,~ Fla' i C I p Y A Iroi ~ _ ~ _2 ~$ >~r E ~ p 5 P TM -----°-----I~+.~.. : I„ - t 15 r; 1 a W n ~ _ ~ ,~, ~ 1 r ) r Y < a ' . 29 k pg ~ - ~i - ? ~ i ~ ~ ~ u ~ , wn nm~i :r~ti 'yre, k sY: ALNADEN -~~ ---~-AGUE - AVAJU R.OS. U6-M-e Y~MiFD'BY AFS 5177 ~ 1g 21 `•~ PROJECT LOCATION _ ,~ I PROJECT DATA (Reaiderxeaf 6 =~e.ecnnrl o n,. ,~ , , P { RES) 6,240. SF. 1,107. SF. 939. SF. 462 SF. ZB08. SF, 1,869. SF. 747. SF. 3,Gl3 SF. • PAS ADC-PIA• EXISTING ZONING PROPOSED LOT S(ZE FIRST FLOOR SECOND FLOOR GARAGE TOTALFLOOAAREA (IndudngGeroge.45FAR) COVERAGE (30X) BASEMENT TOTAL LNING AREA I- W ~ _ -- U ~ j U ~ $ ~ _ I ,_ ~ P „ Z U o ,r r ;' R } ~~! ' IL Q i 4 7 y, ~ d ~ ~' 0 P I ¢ R = ^ ~ ZN ~ ~ ~ v s }~ ~~ Q ~U N Q ~ N J~ L llF Z 7 ~ (` ~ N~ to Q ? n ~ e~ ~ rS a ~ v PROJECT NOTES 1. RoJeglsnxsWdvisiondanedsbnglalnatwpiptstorthemnsducGOnatsw new roSidercea 2 Each lotaeaaerlWgflatandrroeltmgetoCme>~Gn9bPo9'+PhYa~'+hageis 3, Ughtwetlsser~6eBasemert6uYigareesst~shave6cardrainsvNhsump punlp3811d Shat 07RIBL1ad to 8 seal eldiri dro~I 4yllenl, 4. PubEcimptouemenlsetlhesseatdrellbemm~dexortlhgbtlmrequierner~ d hie dty d CupRpro, IrRludrg nsb,gaper, sldewelk, strcet lght, end shat treaa i Ezistplg and new utP2es shah be P~ded via urlergound service per pre atiyd CupeNno. S Prgect slat op1¢e BeatManagenra4 Practices as requr~ by the State Water Resources Control Boartl far oaustrudim ectivRywhich dlstuhs pie sal INDEX OF DRAWINGS 1. STREET ELEVATION FOR THE PROJECT 2. SITE PLAN ~ NOTES 3. RES. #i • FIRST FLOOR PLAN, BASEMENT 4. - SEC, FLOOR PLAN, ROOF PLAN 5, ELEVATIONS AND SECTION 8. - ELEVATIONS AND SECTION 7. RES. #2 - FIRST FLOOR PLAN, BASEMENT 8. - SEC. FLOOR PLAN, ROOF PLAN 9. 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