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.01 TM-2007-03, V-2007-03, EXC-2007-14 Jitka/Han CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: TM-2007-03, V-2007-03, EXC-2006-14 Jitka Cymbal Sue-Jane Han 21871 Dolores Avenue Agenda Date: August 14, 2007 Applicant: Property Owner: Property Location: Application Summary: TENTATIVE MAP to subdivide a .46 acre lot into two parcels of 9,685 square feet and 9,686 square feet, respectively in a Rl-7.5 zoning district. VARIANCE to allow a 50-foot lot width, instead of the required 60-foot width, for the two proposed parcels. RECOMMENDATION: Staff recommends that the Planning Commission approve the tentative map, the variance and the exception in accordance with the model resolutions. Project Data: General Plan Designation: Zoning Designation: Total Acreage (gross): Net Acreage per parcel: Density: Low Density Residential, 1-5 DU / gr. acre Rl-7.5 .46 Lot 1- 9,685 sq. ft., Lot 2- 9,686 sq. ft. 4.3 du/gr. acre. Project Consistency with: General Plan: Zoning: Yes, Policy 2-23 Yes Categorically exempt. Environmental Assessment: BACKGROUND: On January 23, 2007, the Planning commission voted (4-1) to deny the proposed project. The Commission was concerned about the side-by-side lot design and felt that the project did not match the flag lot pattern of the immediate neighborhood. The Commission had concerns on the requested five foot side yard setback exception. The Commission's decision was appealed to the City Council. On February 20, 2007, the City Council upheld the PlaIu1ing Commission's decision due to a draw vote (2-2) with one Council member absent. On May 1,2007, the Council considered and denied the appliCaI1t's reconsideration request based on the principle that procedurally they did not want to go back on a decision that was made by the Council with a quorum even if one Council member was absent during the deliberation. The Council suggested that 1 - 1 Th1-2007-03, V-2007-03 Page 2 August 14, 2007 tIle applicant 11as the option to reapply and be IleaI'd by the full COUllcil if necessary. TIle applicallt l1as reapplied for tIle saIne project. TIle project site is located 011 tIle llortll side of Dolores A ,\rellue bet1\reell Byrlle A\ienue a11d Orallge Avellue. A malll residellce, t1'VO detacIled cottages alld a detacl1ed slled curI'elltly exist 011 tIle parcel. Slllgle- family residelltial parcels surroUlld tIle subject site. TIle pI'op~sal is to denlolisll all of tIle structures 011 tIle property, subdivide llltO t1\ro lots alld build tvV'o llevv slllgle family Ilolnes. DISCUSSION: There are t\\TO l11ajor discussioll pOlllts for tllis subdivisio11: flag lot v. c01lvel1tiollallots alld the proposed lot vv-idtI1.. Flag lot vs. Conventional lots TIle parce.! is approxinlately 100 feet '^lide alld 190 feet deep. TIle lot is ll0t \"Tide ellougIl for tvvo Inlllill1UlTI 60 foot 'vvidtl1s as required by tIle Rl OI'dlllallce. TIle site Call be subdivided into t,,,ro lots \vith a flag lot III tIle rear to lneet the lninirnum lot vvidtll requirenlellt. Alternatively, tIle property could be divided dO\~ll tIle middle creatll1g t,vo c011velltionallots, resulting in lot vvidtlls narrO\^ler tlla11 tIle required 60 feet. General Plan TIle Gelleral PlaIl (Policy 2-23) specifies tllat flag lots sllould be created only \vl1en tllere is no reasonable aIternati\re tIlat llltegrates \\TitIl tIle lot pattern in tIle 11eigl1borll0od. TIus policy discourages 11e\~ flag lots ill tIle lllterest of ptomotlllg better 110use to street relatiollships in residelltiallleigllborlloods. Plal111.i11g C0711171issio71 . TIle Plalullllg COlTIlllissioll1las appro\Ted a siInilar \Tariallce request (TM-2005-14, 21988 McClellan Road) allo1villg the subdivisioll to convelltiollal lots \vitIl substalldard lot \~idtllS (less tha11 60 feet) ill tIle lllterest of better integratulg tIle future residellce llltO tIle neigIlborllood. However, in tIle case of tllis project, tIle COlnnlissioll1las pre\riously felt tllat a flag lot desigIl is more appropriate alld COllsistel1t '''TitIl tIle imlllediate patterll of the 11eigllborIl0od~ TIle applicallt cOlltends tllat tIle pI'edolnlllate 11eigllborll0od patterll is side-by-side lots alld tllat tIle proposed subdivisiol1 desigIl is COllsistent \~itIl 1 - 2 August 14, 2007 tIle lot pattern aJld overall lot "vidths of tIle elltire lleigllborIlood. Please see tIle data pro\rided by the applicaIlt (ex11ibit A). Neigllborh.ood Outreaclz SUlce tIle last tinle tIle PImuling Co 111n1.issiOll revie\~ed tllis project, tIle applicaJ.lt 11.as attenlpted to cOlnmUlucate witll In allY of tIle in1.mediate lleigllbors aJ.ld 11as obtallled tell ~igtlatures of support (exl1.ibit B). One of tIle Inall1. COl1cerns previously expressed by tIle tvvo adjacent lleigllbors to tIle east ,-vas tIlat tllere vvas ll0t sufficient side yard setback proposed (5 foot) along tIle project's easterly property lille. lil respol1se to tlus, tIle applicant 11as vvithdra"\vIl tIle origulal five foot side yard setback exceptioll request 8lld 11as \ToIunteered to provide at least 10 feet of buildi11g side yard setback. alollg tIle easterly property lUle (see exllibit D). TIlis SIlou1d be added as a COllditioll of tIle project sllould tIle COll11nissioll decide to approve tIle project. lil additioll, ill order to ellsure that tIle future buildings are designed consistelltly vvitll tIle surroUlldulg homes, a COllditioll should be added tllat requires tIle desigIl revievv of tIle t,,\TO honles be approved prior to tIle fU1.al recordatioll of tIle final map. Staff supports tIle proposed side-by-side lot desigrl alld tIle lot \vidt11S prinlarily because tIle project is Coi1Sistel1.t \\Titll the ultellt of tIle City's Gelleral Plall. FurtIlerlllore, the project is compatible ,-vitll tIle overall establislled patterl1. of tIle lleigI1.borIlood. It is a fact tllat t11ere are more .flag lots 011 Dolores A vellue, Ilo,\,\T€Ver tIle ell tire lleigI1.borhood consists of more l1.arro,.v side-by-side lots. Tllere are not rnallY lots left ill tllis lleighborhood tIlat ,,\rilI be able to pllysically perlnit sinlilar subdivisions III tIle future, so eitller ,vay tIle project vvillllot sigl1.ifical1tly cllallge tIle patterll of tIle l1eigl1.borllood. Tree Removal and Retention: Tell trees .are located on the subject property, tllree of wI1.lc11 are sigIillical1t (Deodar Cedars #1 & #2 and Coast Redwood #5). Only the two Deodar Cedars are protected by tIle Tree OrdUlallce. Accordulg to tIle applica1lt, tIle Coast Redvvood #5 l1.as already been renloved due to its poor COllditio11~ Staff reCOlllnlellds tIlat the tvvo Cedar trees be preserved as part of tIlis approval alld tIlat Olle 36 ulcIl box Redvvood sIlouId be plallted to replace t11e relTIoved red,\"rood. As for tIle otI1er trees 011 tIle property, tIle applica11t 1 - 3 IM-2007 -03, V -2007 -03 Page 4 August 14, 2007 has the option of removing them since they are not protected. Staff recommends a condition of approval that requires the existing trees be retained to the maximum extent possible and that the applicant work with the Director of Community Development to make the final decision on the retention of these trees at the design review stage. The applicant is also required to record a covenant on the property that ensures the preservation and maintenance of the new replacement trees and any trees that are required to be preserved as part of this approval. Prepared by: Gary Chao, Senior Planner . ~_" Approved by: . Steve Piasecki, Director of Community Development~ Enclosures: Model Resolution for TM-2007-03 Model Resolution for V-2007-D3 Exhibit A: Neighborhood Data Exhibit B: Petition of Support by Neighbors Exhibit C: Tree Survey & Arborist Report Exhibit D: Email from the Applicant, received on August 9, 2007 City Council Meeting Minutes, May 1, 2007 City Council Meeting Minutes, February 20, 2007 Plan Set 1 - 4 TM-2007-D3 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE'PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE MAP TO SUBDIVIDE A .46 ACRE LOT INTO TWO SIDE-BY-SIDE PARCELS OF 9,685 SQUARE FEET AND 9,686 SQUARE FEET, RESPECTIVELY IN A Rl-7.5 ZONING DISTRICT, AT 21871 DOLORES AVENUE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Tentative Subdivision Map, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held 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) That the proposed subdivision map is consistent with the City of Cupertino General Plan. 2) That the design and improvements of the proposed subdivision are consistent with the General Plan. 3) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. 4). That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. 5) That the design of ~he subdivision or the type of improvements associated there with is not likely to cause serious public health problems. 6) 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. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application for Tentative Subdivision Map is hereby approved, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof; and 1 - 5 Resolution No. Page 2 TM-2007-03 August 14,2007 That the sub conclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. TM-2006-12 as set forth in the Minutes of the Planning Commission Meeting of August 14,2007, and are incorporated by reference as though fully set forth herein. SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2007-03 Jitka Cymbal 21871 Dolores Avenue SECTION ill: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the Plan Set titled, "Tentative Map, Lands of Hsu and Han, 21871 Dolores Avenue, Cupertino, California", received November 15, 2006, except as may be amended by the Conditions contained in this Resolution. 2.. TREE PRESERVATION All existing trees must be retained to the maximum extent possible. The applicant must work with the Director of Community Development to make the final decision on the retention of these trees at the design review stage. Revised landscaping plan shall be reviewed and approved by the Director prior to issuance of building permits. 3. COVENANT The two Cedar (#1 & #2) trees shall be preserved as part of this approval and that one 36 inch box Redwood be planted to replace the removed redwood (#5). Prior to issuance of building permits, the applicant is required to record a covenant on the property that ensures the preservation and maintenance of the new replacement trees and any trees that are required to be preserved as part of this approval. 4. VISUAL IMPACT The applicant shall make every effort to work with staff at the R1 Desigrl Review Approval Process to minimize any negative visual or building interface impacts to the adjacent neighbors. . SECTION IV: CONDmONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT. 1 - 6 Resolution No. Page 3 TM-2007-03 August 14, 2007 5. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 6. 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. 7. STREET LIGHTING INSTALLATION Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to preclude glare and other forms of visual interference to adjoining properties, and shall be no higher than the maximum height permitted by the zone in which the site is located. 8. FIRE HYDRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire as needed. 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. 11. FIREPROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City as needed. 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. The developer shall submit detailed plans showing utility undergrOtll1d 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 agreemep.t with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm dram fees, park dedication fees and fees for under 1 - 7 Resolution No. Page 4 TM-2007-03 August 14, 2007 grounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: $2,194.00 minimum . b. Grading Permit: $ 5% of Off-Site Improvement Cost or c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Street Tree $ 6% of Site Improvement Cost or $2,060.00 minimum $ 2,000.00 $ 593.40 NjA $3,348.00 $15,750.00 By Developer Bonds: a. Faithful Performance Bond: 100% of Off-site and On-site Improvements b.. Labor & Material Bond: 100% of Off-site and On-site 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. 14. 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. 15. AMENDED DEVELOPMENT BEST MANAGEMENT PRACTICES (BMP) REQUIREMENTS a. Permanent Stormwater Quality BMPs Required In accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code, all development and redevelopment projects shall include permanent BMPs in order to reduce the water quality impacts of stormwater runoff from the entire site for the life of the project. b. Stormwater Management Plan Required The applicant shall submit a Stormwater Management Plan for this project. The permanent storm water quality best management practices (BMPs) 1 - 8 Resolution No. Page 5 TM-2007-03 August 14,2007 included in this plan shall be selected and designed in accordance with chapter 9.18, Stormwater Pollution Prevention and Watershed Protection, of the City Code. c. BMP Agreements The applicant and the City shall enter into a recorded agreement and covenant nuuling with the land for perpetual BMP maintenance by the property owners(s). In addition, the owner(s) and the City shall enter into a recorded easement agreement and covenant running with the land allowing City access at the site for BMP inspection. d. Hydromodification Plan (HMP) Required The applicant must provide a comprehensive plan to control any combination of on-site, off-site and in-stream control measures incorporated into specific redevelopment projects in order to reduce stormwater runoff so as to not increase the erosion potential of the receiving watercourse over the pre-project condition. 16. MAINTENANCE AGREEMENT The applicant will be required to maintain all items, which are non-standard within the City's right of way. The applicant and the City must enter into a recorded agreement for this aforementioned work. 17. TRAFFIC CONTROL PLAN The developer must submit a traffic control plan by a Registered Traffic Engineer to be approved by the City. The plan shall include a temporary traffic control plan for work in the right of way as well as a routing plan for all vehicles used during construction. All traffic control signs must be reviewed and approved by the City prior to commencement of work. The City has adopted Manual on Uniform Traffic Control Devices'(MUTCD) standards for all signage and striping work throughout the City. 18. REFUSE TRUCK ACCESS The developer must obtain clearance from the Environmental Programs Department in regards to refuse truck access for the proposed development. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) 1 - 9 Resolution No. Page 6 TM-2007-03 August 14, 2007 I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 14th day of August 2007, 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 Community Development Department Lisa Geifer, Chairperson Planning Commission 1 - 10 v -2007-03 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A VARIANCE TO ALLOW LOT WIDTHS OF APPROXIMATELY 50 FEET INSTEAD OF 60 FEET FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21871 DOLORES AVENUE, AS REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO MUNICIPAL CODE. SECTION I: FIND~GS WHEREAS, the Planning Commission of the City of Cupertino has received an application for a Variance, as described in Section II. of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one Public Hearing on this matter; and WHEREAS, the applicant has meet the burden of proof required to support the application, and has satisfied the following criteria: 1) That there are extraordinary or exceptional circumstances or conditions applicable to the property involved that do not apply generally to properties in the same district . 2) That granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant, and to prevent unreasonable property loss or unnecessary hardship. 3) That granting the Variance will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, and general welfare, or convenience, and to secure the purpose of the title. NOW, THEREFORE, BE IT RESOL VEp: 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 COIDmission 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-2007-03, as set forth in the Minutes of the Planning Commission Meeting of August 14, 2007, and are incorporated by reference as though fully set forth herein. 1 - 11 Resolution No. Page -2- V-2007-03 August 14, 2007 SECTION II: PROTECT DESCRIPTION Application No.: Applicant: Location: v - 2007-03 Jitka Cymbal 21871 Dolore~ Avenue SECTION III: CONDmONS OF APPROVAL 1. APPROVED EXHIBITS The recommendation of approval is based on the Plan Set titled, "Tentative Map, Lands of Hsu and Ran, 21871 Dolores Avenue, Cupertino, California", received November 15, 2006, except as may be amended by the Conditions contained in this Resolution. 2. SIDEYARD SETBACK The minimum ground floor side yard setbacks along the westerly and easterly property line shall be 10 feet. 3. DESIGN REVIEW The design review shall be approved by the City prior to the final recordation of the map in order to ensure that the homes are designed consistently with the surrounding homes. PASSED AND ADOPTED this 14th day of August 2007, 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 Lisa Geifer, Chair of Cupertino Planning Commission F:\PDREPOR1\RES\2007\V-2007-03 res.doc 1 - 12 To: City of Cupertino I support the lot side by side subdivision at 21871 Dolores Avenue, Cupertino to allow the exception of 50 foot lot width. Name Address signature Date A\\e~] I-t-Sl,l 2.1 q 7-& 'Vo\",ce..s ktv~" A-'--f~"'. ~ '. liI~. fl- C\ 1_ r lA.. rL A ' nJ r J- ~ ..z;1d~07 1i~ ~ i.(~<tfD .~~ . ~'7" , 'V i (\ (] . 1..'- \( . V ~ ~I ,I ~ . . ~ . \--.#';FtJfl '-10 ~l ~fTl rift (4Lti!l1 f'loIl., C4A ~ ) A ~G? 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I (J "'I ,..) ..Y~ C '~ \@ f f' ~ ~ ?.:.) @ 371/4 . ill r(~~ -\'I+E- 'sjJ r. r f' == 100~ LAWRENCE E. STONE - ASSE~ Drltlstrof mop fur qs~e5smenl pvtpo~ Crrr.t'lir~d unr!~ R. &: 1. ('J)/je, Ser... ~ffucU\'~ Roll Y~r 2C01-2oo2 Gary Chao Cc: Subject: Tracy Hsu [tracy_hsu@yahoo.com] Thursday, August 09, 2007 10:59 AM Igiefer@sbcglobal.net; mmiller@interorealestate.com; dkaneda@ideasLcom; gwong212 @aol.com; Cary Chien Gary Chao; Suejane Han lot subdivision on 21871 Dolores Ave From: Sent: To: Dear Commissioner, I am writing you this email.for the lot subdivision on 21871 Dolores Ave., Cupertin9. Most of you may still remember that our proposal was denied by the planning commission early this year. We appealed the council meeting. It was a 2-2 vote. Unfortunately we didn't realize that we could postpone the meeting, and we didn't give a chance to continue the discussion when one of members is absent. One of council members pointed out that usually the applicant is automatically granted to continue the discussion when one of council members is absent, but we didn't give this opportunity. We feel our case hasn't been treated fairly. After talked to neighbors and city staff, we resubmitted the application. The public hearing is scheduled on Aug. 14. There are two main concerns in last planning commission's public hearing. One concern is the 5-foot side setbacks variance. We have withdrew this variance. We will adhere the R1 Ordiance. The other concern 50-foot front width variance. We understand city tries to avoid variance. But if we look at the entire Monta Vista area, it clearly shows 50-foot front width lot dominates this area. The map shows ~6 houses are flag lots, and 77 houses are substanqard lot (front width is less than 60 feet). There are 56 out of 77 are 50-foot front width. Our proposal is following the pre-dominant pattern in the Monta Vista area. It's not creating a new pattern. Also the city's general policy is not to create flag lot unless there is no alternative. We fully agree this general policy. In the past several months, we spent a lot of time to talk and work with neighbors. There are 10 houses surrounding the property. we got 5 support, 3 neutral, and 2 against. We have more support than against. In the meantime, we worked with the 2 neighbors which are against the project. One of them, 21909 Dolores Ave., requests us to put 10-foot side setback next to his property. The owner explicitly told me that he is not going to against the project if we put 10-foot side setback next to his property. We have asked our project manager to add this one as a condition to lot subdivision. The other neighbor, 21901 Dolores Ave, is against the project. I visited this neighbor many times. Unfortunately the owner refused to talk to me. Please reconsider our case. I am sure you could make your judgement based on the above facts and owner's preference. Regards, -Tracy Hsu Boardwalk for $500? In 2007? Hal Play Monopoly Here. and Now (it's updated for today's economy) at Yahoo I Games. http://get.games.yahoo.com/proddesc?gamekey=monopolyherenow 1 1- 17 May 1, 2007. Cupertino City Council Page 7 Sandoval/Lowenthal moved and seconded tf) t"'p]~ (hlt\. 11. dl.~ mouon carned. UllanilnouRlv 15. Consider a Petition for Reconsideration of the City Council's decision to deny a Tentative Map to subdivide a .46-acre parcel into two parcels of 9,685 square fee~ and 9,686 square feet, respectively, and to deny a variance to allow a 50-foot lot width. instead of the requlred 60-foot width, for two proposed parcels, Application Nos. EXC-2006-14, TM- 2006-12, V-2007-01, Jitka Cvinbal (\Vestfall Engineers), 21871" Dolores Avenue, APN . 357-14~026. The petitioners are Tracy Hsu and Suejane HaD.. Adopt a re,solution to either: a) Deny the rehearing, Resolution No. 07-075; or ~) Grant the rehearing, Resolution No. 07-076; or c) Approve the application if rehearing is granted, Resolution No. 07-077 Jitka Cymbal, representing the petitioners, commented on the previous discussion concerning flag lots and side-by-side lots and stated that side-by-side lots were more prevalent in .the neighborhood than flag lo.ts. She also noted that there were onJ.y three lots in the neighqorhood that were of a similar size with similar development opportunities. Cindy Hsu and Rachel Chang stated their support of side-by-side lots. J etmifer Griffin stated her support in this case of a flag lot rather than the creation of two substandard \vidth lots, potentially 30 feet wide and 125 feet long with.minimal side . setbacks. If side-by-side homes were approved she recommended the house sizes be constrained. Suejane Han and Tracy Hsu,co-owners of the parcel, commented that a majority of the adjacent neighbors were in favor of side-by-side homes for this subdivision. They further noted that most of the lots in tb.is neighborhood were narrow and their design pians included protection of the trees on the property. Council discussed the request before them and the City Attorney's report on the fincfuigs required for reconsideration. The basic question was whether or not any new evidence had been presented at this meeting. Ma110ney/Kwok moved and' seconded to adopt Resolution No. 07-075, to deny the rehearing. The motion carried 3-2, with Sandoval and Lowenthal voting no; 16. Consider adopting a resolution upholding the City Manager's desi . Officer's decision to deny an a eal b J a Kamdar r e issuance of. a Revocable Encroachment Permit by the Dlrec IC Works for the installation of a fence adjacent to 10060 Cannen , esolution No. 07-078. stributed an email dated April 26 from Jay Kamdar withdra~g his 1 - 18 May 1, 2007 Cupertino City Council Page 8 During Postponements, Kwok/11ahoneymoved and seconded to (1) Table this item, since ". the appellant had withdrawn his appeal; and (1) Direct staff to place an item on the May 10 Council work session to discuss policies and procedures regarding the appeal of administrative decisions. The motion carried unanimously. ........ ....- ORDINANCES 17. Conduct the second reading of Ordinance No'. 07-2000: "An Ordinarice of the Cupertino City Council Amending Chapter 19.28.050 of the :Municipal Code, Single Family. Residential Zones (Rn Regarding Buildings Proposed on Properties wit;b. an Average Slope Equal to. ~r Greater than Fifteen Percent, Application No. MCA-2006-0 1." (Continued from Apri1' 17). Patrick Kwok stated for the record that although he was not at the meeting when this was last discussed, he did. read the staff report and .watch the videotape of the meeting. Community Development Director Steve Piasecki noted that at their' April 17 meeting CoUncil had continued this item to' allow the neighbors to reach some agreement on the RI hillside zoning issue. Piasecki said that staff had not had the opportunity to fully review their suggestions, but he hlghlighted them and their possible ramifications. Mark Santoro (speaking a.Iso for Suzette Pangrle, Sherry Fang, aild Frank Sun) stated that a lot of information had been received from. the neighbors, and the conSensus was that they did not want to be.separated from the rest 6fthe dty; they wanted the issue resolved tonight; they did not want spot zoning; they did not want the matter to go back to the Planning Commission; they wanted to stay RI; and they believed tl+ere was confusion regarding the 10% line. . They were requesting that Section 19.28.050, Section CI and C2 of the RI ordinance be removed and replaced with the following: The following rules apply to buildings whose slope within the footprint of the proposed building are over 15%: I) allowable floor area be reduced by 1 % for each percentage of slope over 15% within the building footprint. The maximum floor area reduction sb,all be 50%. and 2) in order to reduce the footprint of buildings 011 hillsides the size of the sec.ond floor of a,two story building may exceed the 45% RI limit however it shall not' exceed 100% of the first floor. Mr. Santoro concluded that the recommendation of the north side (including some members of the south side) was to remove Section 19.28..050, Sections C1 and C2 from the'RI Ordinance. However, they were willing to accept the south side's proposal. James Seay noted that their home was built in 1979 and he currently wanted to do a remodel which would include an elevator. . He would be negatively impacted by this ~QJ;'dil1ance. . . Bob Rodert questioned what the problem was with the Cl,llTent ordinances. He could not support changes that werenot directed at solving specific community-wide problems. He recommended maintaining the current ordinances. ""'t<~........ l..~.., "'" 1 - 19 February 20, 2007 Cupertino City Council Page 3 the Superior Court web site to obtain applications and receive fu.rtlier inforn;tation can be fo on . the Cupertino website at www.cupertino.org. CONSENT CALENDAR Sandoval/Kwok moved and seconded to approve the items on the Consent alendar as recomme~ded, with the exception of item No.8, which was pulled for discussi . Ayes: Kyvok, Mahoney, Sandoval, and \Vang. Noes: None. Absent:. Richard Lowenthal. PUBLIC HEARINGS ort for the year ending June 30, 2006. 5. . Approv:e the minutes from the February 6 City Council meeting. 6. Adopt resohltions accepting Accounts Pavable for January , February 2, and February 9, Resolution Nos. 07-030 to 07-032. 7. Adopt a resolutio~ accepting Pavro.ll for Feb~ary 9, ITEMS RE:MOVED FROM THE CONSENT CAL 8. Sandoval/Mahoney moved and secon to continue this item to March 6. Ayes: Kwok, Malloney, Sandoval, and Wang. No . None. Absent: Richard Lowenthal. 9. Coilsider approving a bin 0 ermit renewal from De Anza Force Soccer. (Continued from February 6). .. . Kwok/Mallon moved and seconded to approve the bingo permit renew~ for DeAnza The motion carried unanimously with Lowenthal absent. as opened at 7:16 p.m. There were no speakers and the public 7:18 p.m. The public hearing hearing was close 10. an appeal of the Plamling Commission's decision to modify the use pennit for Peet' offee to allow'an opening time of 5:30 a.m., Applipation No. M-2006-07, Laura Th as (peet's Coffee), 20807 Stevens Creek -Blvd., APN 326-32-051. The appellant is uncilmember Richard Lowenthal. Under postponements, this item was continued to March 6 as requested by the applicant. .. . 11. Consider an appeal 6fthe Planning Commission's decision to deny an exception to allow a 5-foot side yard setback. to deny a Tentative Map to subdivide a .46-acre parcel into two parcels .of 9,685 square feet and 9,686 square feet, respectively, and to deny a variance to allow a 50-foot lot width, instead of the required 60-foot width, for two proposed parcels, Application Nos. EXC-.2006-14, TM-2006-12, V-2007-0l, Jitka 1 - 20 February 20, 2007 Cupertino City Council , Page 4 ,,' Cvinbal (Westfall Engineers), 21871 Dolores Avenue, APN 357-14-026. The appellant is Jitlca Cymbal. Director of Community Development Steve Piasecki noted that the applicant had withdrawn the appeal for the exception portion of the application, EXC-2006-14. Applicant Jitka Cymb~l reviewed the project. The public hearing was opened at 7:50 p.m. Johnny 'Vang said he was concerned about the loss of privacy with a flag lot due to the many windows that would face his.house from the,side. Rhoda Fry said that she was not in favor of variances and was cOllcemed about the drainage issue. She said' that the lots should be compared to, others on the street for ' compatibility, rather than the overall neighborhood, and she did not think side-by-side lots would be compatible' in this case. She said she would like to see some big trees planted in Manta Vista. Jem1ifer Griffin said she is ,familiar with the problems of small lots, noting that she can hear her neighbor's conversations from her window. She said she was concemed about creating two substandard lots and that homes built side by side would look like Inobile homes. She thought flag lots were a better idea in this situatio~ and she also urged C9uncil to preserve the trees. Victoria Gomez said she lives across the street from the property in question. She noted that the applicant had already built hvo houses elsewhere and that they are beautiful. She said she would like to see diversity in the neighborhood arid urged Council to uphold the appeal to build the houses side by side. Cindy Hsu, owner, said that Cupertino is the only city where she has seen flag lots. She said they are not safe because fire dep~ent vehicles have difficulty reaching the houses. She asked Council to uphold the appeal. Tracy Hsu, owner, said she was told by CitY staff to ayoid flag lots. She noted that the Planning Commission failed to give clear guidelines to City staff and to the applicant, and that the City should stay with i~ policy of avoiding flag lo~. Suejane' Han distributed a petition in support of upholding the appeal. She said she counted 76 side-by-side houses vs. 26 flag lots in the Monta Vista area. She believed that that side-by-side lots are safer, and building flag lots is an old practice. r . The public hearing was closed at 8:12 p.m. 1 - 21 February 20, 2007 Cupertino City Council Page 5 Mahoney/Sandoval moved and seconded to cont~ue the item to March 20 and to have the applicant bring back plans of what the lot would look like as a side by side. The motion failed with Patrick Kwok and Kris 'Vang voting no, Orrin' Mahon.ey and Dolly Sandoval voting yes, and Richard Lowenthal ~sent. Mahoney/Sandoval moved and seconded to uphold the appeal and grant the variap.ce. The motion failed with Patrick Kwok and Kris Wang voting no, Orrin M.ab.oney and Dolly Sandoval voting yes, and Richard Lowfmthal absent. The appeal is denied and the Planning'Co~l1mission decision is upheld. . UNFINISHED BUSINESS 12. Consider a Community Development Director's referral of' a minor m approve the final front plaza design ~d gateway feature. for Oak Park la e along N. De Anza Boulevard required by a previously approved use permit iCa:tion (U-2004- 09), Application No. DIR-2907-06, Chuck Bommarito) 1074? e Anza Blvd, APN 326-10-064. J emlifer Grifflll said that the project looked nice on pap , ut the resulting housing is too high and too dense, and ci'eates an oddly shaped ro ne along Highway 280. She urged Council to add lots of trees to the project and no that any artwork put there should be around 5-feet tall and have muted colors in ord 0 keep it looking like a wooded area. SandovaVKwok moved and seconded t approve the l'J?inor modification to the front plaza design and gateway feature. le motion carried unanimously with 'Richard Lowenthal absent. a) TIle evaluati of traffic safety issues in the tri-school area including Monta Vista' High, Ke ay Middle, and Lincoln elementary schools Council recessed fi.'om 8:55 p.m. to 9: 13. Receive staffrecommen b) Defer scussion of the reopening the Scenic Circle gate into Blackberry Farm as a sep te item . Rhod ry said that the City should put money ~to pedestrian safety, especially in the Mo a Vista area. avid Greenstein talked about traffic around the schools and said the best $olution is to get parent participation and to educate the public about using alternative transportation to get their cllildren to and from school. 1 - 22 February 20,2007 Cupertino City Council P ~ge 6 Joe Walton, member pf Bicycle Pedestrian Commission, suggested that the gate access into Monta Vista High School be opened so that bikes could be ridden through and to provide better bicycle parking at the schooL He also suggested a car pool website that parents could utilize. ~e noted that the commission wanted to work with the Public Works staff further on these issues and encouraged Council to do what it could to help alleviate tra~c congestion around the schools. . NOlm Donovan .said that the Scenic Circle gate should be opened to allow bicycle and pedestrian access to school. . Jennifer Griffin and Louis.e Levy both said that they would like to see school buses as a i: solution. Robert Levy noted that the City has no control over the busing issue since the school districts gave them up, but encouraged the City to use its surplus dollars to help with traffic Congestion. Council discussed having Council member Sandoval continue to work with the neighborhood, schools, and the Valley Transportation Authority (VTA), and to have Mayor Wang go to Sacr~ento to look int9 a grant. The Council also discussed having the .Bicycle Pedestrian and Public Safety Commissions continue to work with staff on the traffic issue regardirig safer routes to school. Mahoney/Kwok moved' and seconded to. accept. staff's recommendations and to iricorporate the discussion of the tri-school area traffic safety issues into the work program. NEW BUSINESS 14. Review and adopt the 2007-08 City Council work program. C<;ontinued from February 6). Kwok/Mahoney moved and seconded to adopt the 2007-08 work program with the following amendments. The motion carried unanimously: . On page 1, delete items 1 and 2 (Dynasty Restaurant and Alexander's Steakhouse) in .the Completed section under Status, and stlike the comments regarding the 13 7 Vallco condominiums adding instead, "awaiting application from VaUco" . On page 2, delete the HP Site under Project Goal, Status, and Comments . On page 2, change the Capital Improvements and Plans from number 1 tq;-number 2, and strike the comments for the Mary Avenue Pedestriim Footbridge "\,. 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