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TM-2009-04bCITY OF CUPERTIN~ November 25, 2009 Mr. Terry Brown 10491 Scenic Blvd. Cupertino, Ca. 95014 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUBJECT: PLANNING COMMISSION ACTION LETTER - TM-2009-04 This letter confirms the decision of the Planning Commission, given at the meeting of November 24, 2009, approving a Tentative Map to subdivide amixed-use building into two Commercial/Office units and one residential, located at 10056 & 10058 Orange Avenue, according to Planning Commission Resolution No. 6574. Please be aware that if the Tentative Map permit is not used within athree-year period, it shall expire on November 24, 2012. Also, please note that an appeal of this decision can be made within 10 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, /t/`~ Piu Ghosh, Associate Planner Planning Department City of Cupertino Enclosure: Resolution No. 6574 CC: William Marci, 10056 Orange Ave, Cupertino CA, 95014 g:/plmnii~ig/post hearing/actionletterTM-2009-04 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 11as 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) T11at 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, a11d 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, a11d other exactions. You are 1lereby further 1lotified 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), 11as begun. If you fail to file a protest wlt11111 t11is 90-day period complying with all of t11e 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 t11e engineering and surveying conditions specified i11 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: C1airperson Giefer, Vice Cllair Brophy, Miller, Lee NOES: COMMISSIONERS: No11e ABSTAIN: COMMISSIONERS: No11e ABSENT: COMMISSIONERS: Kaneda ATTEST: s / Aarti Shrivastava Aarti S1lrivastava, Director Community Development Department G: ~ Planning, PDREPORT `RES ~ 2009, TM-2009-04 res.doc APPROVED: / s / Lisa Giefer Lisa Giefer, Chairperson Planning Commission I 5.00' I COMMERCAI W UNIT 2 I 2 I W ~ 0 ° 3 'I t0 n u i r 3 7 I w ~ ~ Z c~ M O I Z Z Q I O I 25' I 5.00' COMMERCIAL UNIT 1 I 'n N N89'S9'22"W 41.00' N89'59'22"W 125.07' 0 0 PARCEL 1 4,758 SO.FT.t N 3 N M O 0 0 P-1 P-2 P-3 P-4 P-5 P-6 Z HC N89'59'22 W 84.00' ,o 0 ~i N W M O O O STAIRS z F W w In; QD O) J Ow ~m z w a 0 8.50' LOT 2 MARCI PROPERTIES LOT 3 MARq PROPERTIES 0 II W Z ~ s Q 3 W CR P Z = Q O 5.00' 5.D0' ~_ N N89'59'22"W 41.00' N89'S9'22"W 125.07 PARCEL 1 a,~se so.PT.t 0 0 N w O O O TAIRS °z w In 3 a0 mJ Ow Fm z w a 0 3.50' N89'59'22"W 84.00' LOT 3 MARCI PROPERTIES 0 II 0 0 0 N 3 io N M O 0 0 z BUILDING FIRST FLOOR PLAN BUILDING SECOND FLOOR PLAN I TENTATIVE MAP NOTES L, I OWNER AND SUBDIVIDER: MARCI PROPERTIES, LLC STAIRS 10056 ORANGE AVENUE I ~ I CUPERTINO, CA 95014 ENGINEER: ADVANCED DEVELOPMENT I ---N69'59'22"W---- N89'59'22"W 125.07' ~ 2933 BENJAMINE COURT 25.00 SAN JOSE, CA 95124 o ~ RESIDENTIAL - - - - - - TEL. (408) 376-0570 I o ~ °o UNIT 1 o YAGHOUB SAIDIAN, CINL ENGINEER o n o R.C.E. N0. 33509, EXP. 06-30-10 N ~ ~ I PARCEL 1 ~ 3 w ASSESSOR'S PARCEL NO.: 357-17-058 (PORTION OF) a,TSa sa.PT.t N W 1O M ~R ~ I ~ EXISTING USE: SINGLE FAMILY RESIDENTIAL I ° V ~ I ~ o ~ °o Ib I o PROPOSED USE: COMMERCIAL AND RESIDENTIAL MIXED USE z ~ z o SECOND FLOOR o I ~ BELOW I z I Q I ~ I PARCEL 1 FOR CONDOMINIUM PURPOSES CONTAINING N89'S9'22"W 64.00' ~ I ~ AN AREA OF 4,758 SQUARE FEET t W .I I I ~ O 5.00 L _ - - - ~ 8_50' - - - - UNIT FLOOR AREAS, AS FOLLOWS: COMMERCIAL UNIT 1 = 1,720 SQUARE FEET t I W ~ COMMERCIAL UNIT 2 = 289 SQUARE FEET t b RESIDENTIAL UNIT 1 = 1,685 SQUARE FEET f o N89'S9'22"W 41.00' 3 ui l o Q ~ •°o ~ NO PUBLIC AREAS OR PUBLIC EASEMENTS PROPOSED. a ` 3 ~; .~.M.....,~,....,.,....~~..,~.~..._.,.,.,. „"..~,B~ItEiM1@..t~ ftflOR'~'PL~4N° ° ~ v`0i --- ~-- ~ V ABOVE SECOND FLOOR ~ A PARCEL MAP FOR CONDOMINIUM PURPOSES WILL BE FILED. o l n W ;~ STAIRS w ( ) z o ~ ~ ALL PERMIT INFRASTRUCTURE SHALL MEET THE CITY OF CUPERi1N0 COMMON o "~ _ INTEREST DEVELOPMENT TANDAR S DS I ~ z o A.~~~;~ ~~+ar 5 ~ o LOT 2 LOT 3 a ~~ . ~ a. x.C AJ .,~ ~s Q ~ MARCI PROPERTIES MARCI PROPERTIES t ud.n.twr.wa"~+; r° ~N'~ ;M~~'V"~ z ~ ,~. I f Q o MAP NOTES COMMERCIAL F x ~ 1 i ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND DECIMALS I UNIT 1 a `'~ ~ ~ .h Z THEREOF. ~~QiM AItsS 0 '~ I PARCEL 1 BEING A PORTION OF LOTS 20, 21 AND 22 IN BLOCK 3, I I AS SHOWN ON THAT CERTAIN MAP ENi1TLED "MAP OF RESUBDIUISION ~ ~ OF SUBDIVISION N0. 1, TOWN OF MONTA VISTA", FILED APRIL 11, 1917 ^ IN BOOK P OF MAPS AT PAGE 24, RECORDS OF SANTA CLARA I II ~ COUNTY. . . Z 5.00' 8.50 _ _ _ _ _ _ ~~ ~ ~, ° t~' `- __ ................ __ _ __!' .~ i PARCEL 1 BEING ALSO A POR110N OF THE LANDS DESCRIBED IN I ~ ? `,t I THAT CERTAIN GRANT DEED FROM WILLIAM MARCI, III, ALSO KNOWN 25.00' ui -.~'ia i°i$et ~U~?CF' Q AS WILLIAM MARCI, AN UNMARRIED MAN TO MARCI PROPERTIES, LLC, 3 A DELAWARE LIMITED LIABILITY COMPANY, DATED FEBRUARY 07, ------------ 3 I N89'S9'22"W N89'S9'22"W 41.00' 1 ~ I w ~ 2008, RECORDED FEBRUARY 12, 2008 AS DOCUMENT N0. 19740591 N Q ° OF OFFICIAL RECORDS OF SANTA CLARA COUNTY. ~ ~ o ° o BUILDING BASEMENT FLOOR PLAN ~ ~ I W ~ BASIS OF BEARINGS a Z 0 0 I THE BEARING N 89'59'22" W OF THE CENTER LINE OF GRANADA I AVENUE BETWEEN FOUND MONUMENTS, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED AUGUST 28, 2009 IN BOOK 833 OF MAPS AT o PAGES 44 AND 45, RECORDS OF SANTA CLARA COUNTY, WAS TAKEN IM I Q AS THE BASIS OF BEARINGS FOR THIS MAP. a I GRANADA AVENUE FOUND MONUMENT 60' WIDE I AT IMPERIAL I AVENUE 0 5 10 20 40 315.00' N89'S9'22"W N89'59'22"W 330.00' M-M BASIS Of BEARINGS SCALE IN FEET L W J W W W U z Q 0 Q V ~ ~ ~b ~ ,~ y V~~ 'i 0 I } ql ~ 1 ~y~ ~~` ~ 4 i.i i Q (n Z O ~ ~ Q Z ~ W ~ , JOO ~ W ~ ~ Z UaZ ~ ~ O ~ Q j U Q 0. ? 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