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PC Summary 11-24-09City of Cupertino 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members From: Aarti Shrivastava, Director of Community Development Date: November 25, 2009 Subj: REPORT OF PLANNING COMMISSION DECISIONS MADE November 24, 2009 Chapter 19.32 of the Cupertino Municipal code provides for appeal of decisions made by the Planning Commission 1. Application TM-2009-042009-04, Terry Brown (Marci Properties), 10056 & 10058 Orange Ave Description Tentative Map to subdivide one parcel into three commercial condominium units, one residential condominium unit, and one common area lot. Action The Planning Comanission approved the application on a 4-0 vote. Enclosures: Planning Commission Report November 24, 2009 Planning Comanission Resolution (s) 6574 Plan Set g:plnnning/Post Heari~ig/sun~mnry to cc112409 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408)777-3251 FAX (408) 777-3333 C V P E RT I N O Community Development Department SUMMARY Agenda Item No. Agenda Date: November 24, 2009 Application: TM-2009-04 Applicant: Terry Brown Property Owner: Marci Properties, LLC Property Location: 10056 Orange Ave (APN 326-17-058) APPLICATION SUMMARY: Tentative Condominium Map to subdivide one mixed use building into two commercial condominium units and one residential condominium unit. RECOMMENDATION: Staff recommends that the Planning Commission approve the Tentative Condominium Map in accordance with the model resolution. PROJECT DATA: General Plan Designation: Neighborhood Commercial/Residential Zoning Designation: P(CN, ML, Res 4.4 - 12) (Planned Neighborhood Commercial, Light Industrial, Residential 4.4 -12 Dwelling Units/ Gross Acre) Total Gross Lot Area: 6,633 square feet Total Net Lot Area: 4,758 square feet Proposed Unit Sizes: Unit 1 (Commercial/Office): 1,732.6 square feet (866.3 square feet basement + 866.3 square feet first floor) Unit 2 (Commercial/Office): 289 square feet Unit 3 (Residential): 1684.5 square feet Common Area: 1918.2 square feet Existing Land Use: Mixed-Use Commercial/Office/Residential Proposed Land Use: Mixed-Use Commercial/Office/Residential Existing Density: 9.15 dwelling units/gross acre Proposed Density: 9.15 dwelling units/gross acre Project Consistency with General Plan: Yes Zoning: Yes Environmental Review: Categorically Exempt per Section 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA) TERRY BROWN TM-2009-04 NOVEMBER 24, 2009 10056 ORANGE AVE PAGE 2 BACKGROUND: The project site is located on the east side of Orange Avenue. It is a previously approved mixed-use project that is currently under construction. In March 2007, the Planning Commission approved the mixed-use project (U-2006-14, ASA-2006-25, and TR-2007-0) consisting of 1,082 square feet of office space, 1,264 square feet of commercial space in three structures and three residential units totaling 5,484 sq. ft. on the project spanning over three structures. At the time, the applicant did not file for a tentative map application to further subdivide the mixed-use building. DISCUSSION: The condo map delineates the subject property as one lot (Parcel 1) and outlines the extent of the requested residential and commercial condo units. The proposed subdivision does not alter any of the buildings or physical improvements associated with the previous approval. The applicant, Terry Brown, is now requesting approval to subdivide the building into two commercial /office units and one residential unit. TERRY BROWN TM-2009-04 NOVEMBER 24, 2009 10056 ORANGE AVENUE PAGE 3 ,- _ f _, .. ` .~ ~i - --- - ~. t (I _ ~." ~~ ~ ,i .-r ~ ,_, ____ ~ v ' .. . ...,- ..._ __ r 'lam - -" ~r "f __ __ .~ ~.ffibA i L ~~~ _ __ _._ _.__~. - - -- _ ~ _ ~ r- r y.~ r"-- -~I ~~ i ,~ ~ - -- -- ~ ~ ~- __ ~ r~ ~ ran ~, ~ =..~_ _ .. _ __ - - ;~{ ~ --- _ ~ _ ' ~ ~ _ _. _~ _ __ __ _ __~Tc-~_L:~ ~ _-~ Pf!C~Y: LC wI~.I '~ ~r.,..r-akE ~v~. "r'> ,t -~ _. ' ~%r~~r.~ ., TIP-acne-at ~. -,.- b-l+~' - ysc~-ati- _s~t~. ~rr.c~ Commercial Condo~~~irziun~i Generally, the City is not supportive of dividing up existing or new buildings into smaller commercial and/or office condo spaces. This is especially true in prime commercial and redevelopment areas (i.e., Stevens Creek & De Anza corridors and North & South Vallco Areas). The involvement of multiple owners/stakeholders makes it harder to maintain and/or improve the property and may hinder future redevelopment potential. However, the City has in the past allowed for limited commercial/office condo projects in the Monta Vista area, primarily due to the existing neighborhood serving use patterns encouraging smaller businesses and store fronts. Property management and maintenance is more manageable in smaller projects. In addition, the redevelopment potential on the majority of the small lot mixed-use developments in the Monta Vista area has been maximized. Staff therefore is supportive of the minor condo project as proposed. A condition of approval has been added to ensure that the subdivision conforms to all prior approvals and conditions before recordation of the final map. Furthermore, the project is required to form of a Property Owner's Association with Covenants, Codes and Restrictions (CC&R) to address shared property maintenance and upkeep. The final CC&R shall be reviewed and approved. by the City Attorney prior to recordation of the final map. Categorical Exemption The proposed project is deemed categorically exempt per Section 15315, Class 15 (Minor Land Divisions) of the California Environmental Quality Act (CEQA) for the following reasons: • The subdivision is less than four parcels • Conforms with the General Plan and zoning TM-2009-04 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6574 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE AMIXED-USE BUILDING INTO TWO COMMERCIAL/OFFICE UNITS AND ONE RESIDENTIAL CONDOMINIUM 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 is consistent with the General Plan. 3) That the site is physically suitable for the type of development. 4) That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage nor substantially and unavoidable injure fish and wildlife or their habitat. 5) That the design of the subdivision or the type of improvements associated therewith 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 That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. TM-2009-04 as set forth in the Minutes of the Planning Commission Meeting of November 24, 2009, and are incorporated by reference as though fully set forth herein. Resolution No. 6574 TM-2009-04 November 24, 2009 Page 2 SECTION II: PROTECT DESCRIPTION Application No.: TM-2009-04 Applicant: Terry Brown (Bill Marci Properties, LLC.) Location: 10056 & 10058 Orange Avenue SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on Exhibit titled: "Tentative Parcel Map for Condominium Purposes, Lot 1 Orange Condominiums, Cupertino, Santa Clara County, California", labeled "Sheet No. 1 of 1", dated November 10, 2009, except as may be amended by the Conditions contained in this Resolution. 2. MAINTENANCE AGREEMENT Applicant shall record a maintenance agreement to ensure maintenance of all common areas of the development. The agreement shall be recorded in conjunction with recordation of the final map, and shall be subject to approval as to form and content by the City Attorney prior to recordation. 3. CONFORMANCE WITH PRIOR APPROVALS The Director of Community Development shall confirm that the subdivided parcels conform to prior approvals (U-2006-14, ASA-2006-25, and TR-2007-01) for this site. 4. FORMATION OF A PROPERTY OWNER'S ASSOCIATION A Property Owner's Association shall be formed to maintain the common areas of the property. The Conditions, Covenants and Restrictions (CC&Rs) shall be reviewed and approved by the City Attorney prior to recordation. The following terms shall be incorporated in to the Association's Conditions, Covenants and Restrictions: • The members/board shall meet at a minimum of once/year • The Association dues shall cover: o Maintenance of common area on the property including hardscaping, parking, landscaping and accessory items, such as trash bins/areas, tree grates, outside trash bins, fences, etc, o Building and site repair on a regular schedule, or as otherwise necessary, and building renovation and replacement as necessary. • Any changes to the CC&R's must be reviewed and approved by the City • Disbanding of the Association shall require written permission from the City. 5. RESTRICTED USE OF SPACE At least 400 s.f. of Commercial/Office Unit 1 shall be occupied by commercial uses or similar uses deemed appropriate by the Director of Community Development. Resolution No. 6574 TM-2009-04 November 24, 2009 Page 3 6. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 7. CONFORMANCE WITH PRIOR APPROVALS The Director of Public Works shall confirm that the subdivided parcels conform to prior approvals for this site. 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 IV. Of this resolution conform to generally accepted engineering practices / s/Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 PASSED AND ADOPTED this 24th day of November 2009, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Giefer, Vice Chair Brophy, Miller, Lee NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Kaneda ATTEST: / s / Aarti Shrivastava Aarti Shrivastava, Director Community Development Department G: ~ Plann ing ~ PDR SPORT ~ R ES ~ 2009 ~ TM-2009-04 res.doc APPROVED: /s/ Lisa Giefer Lisa Giefer, Chairperson Planning Commission 130.00' n ~ Z I o v om n ~I m ~IU N~o Z N,o £~ m 100.00 5.17' m f O O N00'03'S6"W ____~ -_ 75.00' _-_-_-_- I I I mi Im NIU o ORANGE AVENUE o ~ N N E FI I I I I I N00'03'56"W 75.00' W 6 W D m m Z 0 D Z I~ ~I l it PAno ? 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