02 TM-2006-04 James Chen
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Agenda Date: May 9, 2006
Application:
Applicant:
Property Owner:
Property Location:
TM-2006-04
James Chen
David and Cathy Tsang
10067 Bianchi Way, APN: 395-07-023
Application Summary:
TENTATIVE MAP to subdivide a 0.24-acre parcel into two parcels approximately 0.1
acre and one common area in a Planned Development district.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the tentative map, file
number TM-2006-04, in accordance with the model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Special Planning Area:
Total Acreage (gross):
Net Acreage per parcel:
Existing Density:
Proposed Density:
Project Consistency with:
General Plan:
Zoning:
Environmental Assessment:
Commercial/ Office/Residential
P (Mixed Use Planned Development)
Heart of the City
0.237 acre
Lot 1: 0.11 acre; Lot 2: 0.09 acre
Common lot: 0.04 acre
8.33 du/ gr. acre
8.33 du/ gr. acre (no development change
proposed)
Yes
Yes
Categorically exempt.
BACKGROUND:
The 0.237-acre, rectangular parcel is developed with two single-family residences.
These residences were constructed in 2000 as a planned development with two houses
on the same property under single ownership. The owner now wants to subdivide the
property .
DISCUSSION:
The property is in the Mixed Use Planned Development area. The property owner
wants to create two lots and a common area. The property owner is creating a common
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TM-2006-04
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May 9, 2006
lot since both the houses on the property have access to their garages through this area
and he wants to retain it as a common driveway.
This application will create a new flag lot, which are generally discouraged. However,
the property currently functions like a flag lot and nothing significantly changes if one
is created.
Due to the lack of on-street parking spaces, the applicant is providing two additional
parking spaces on site, one on each of the two residential parcels. These parking spaces
are proposed to be pervious pavers on sand.
The applicant proposes the removal of two redwood trees. One tree is being removed to
provide one parking space on parcel one. The other tree is being marked for removal
due to its proximity to a proposed streetlight per the Public Works Department
requirements. Though the applicant is proposing the streetlight next to the redwood,
staff feels that other options should be considered before the tree is removed. A
condition has been added to the model resolution directing the applicant to explore
other locations on the property for the installing the streetlight.
The applicant is proposing to plant two new 36" box oak trees on the two parcels. A
condition of approval requires the property owner to record a covenant on the property
that provides notification of all protected trees on the property and the requirement of a
City permit for tree removal.
Prepared by:
Approved by:
Piu Ghosh, Assistant Planner
Ciddy Wordell, City Planner
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Enclosures: Model Resolution
Plan Set
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TM-2006-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE PARCEL MAP TO SUBDMDE A 0.24-ACRE PARCEL
INTO ONE O.l1-ACRE PARCEL, A 0.9-ACRE AND A 0.04-ACRE REMAINDER
PARCEL AT 10067 BIANCHI WAY
SECTION I: PROTECT DESCRIPTION
Application No.: TM-2006-04
Applicant: James Chen (for David and Cathy Tsang)
Location: 10067 Bianchi Way (APN: 395-07-023)
SECTION 11: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision Map as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have b!!en given as required by the
Subdivision and Procedural Ordinances of the City of Cupertino, and the Planning
Commission has held at least one public hearing in regard to the application; and
WHEREAS, the applicant has met the burden of proof required to support said
application; and has satisfied the following requirements:
a) That the proposed subdivision map is consistent with the City of Cupertino
General Plan.
b) That the design and improvements of the proposed subdivision are consistent
with the General Plan.
c) That the site is physically suitable for the type and intensity of development
contemplated under the approved subdivision.
d) That the design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage nor. substantially harm fish and
wildlife or their habitat.
e) That the design of the subdivision or the type of improvements associated
therewith is not likely to cause serious public health problems.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2006-04 for a Tentative Map is hereby
approved as modified, subject to the conditions which are enumerated in this Resolution
beginning on page 2 thereof, and
That the subconcIusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
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May 9, 2006
Application TM-2006-04, as set forth in the Minutes of Planning Commission Meeting of
May 9, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
This approval is based on the exhibit entitled "Tentative Map, 10067 Bianchi Way,
Cupertino, California" consisting of one sheet and dated February 23, 2006, except
as amended by the conditions contained in this resolution.
2. COVENANT FOR TREE PROTECTION
The applicant shall prepare and record a covenant that runs with the land, prior to
final map approval, acknowledging the protective status as specimen trees of all
trees on the property with a trunk diameter of 10 inches or more measured at a
height of 4.5 feet from natural grade, excluding deciduous, fruit-bearing trees. Such
specimen trees are subject to city tree removal procedures as specified in Cupertino
Municipal Code Section 14.18. The covenant shall be reviewed and approved by the
City Attorney prior to recordation.
3. TREE REMOVAL
The applicant shall explore other locations on the property for the proposed
streetlight. If another location is not feasible, the applicant shall explore the option of
installing the streetlight without removing the tree. 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 trenching or root
cutting beneath the drip line of the tree. Removal of the redwood tree adjoining the
proposed streetlight shall be the last option.
4. 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.
N. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
5. STREET WIDENING
Street widening, improvements 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.
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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. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City, as needed.
9. STREET TREES
Street trees shall be planted within the Public Right of Way and shall be of a type
approved by the City in accordance with Ordinance No. 125.
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.
Pre- and Post-development calculations must be provided to identify if storm
drain facilities need to be constructed or renovated.
11. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
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
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 undergrounding
of utilities. Said agreement shall be executed prior to issuance of construction
permits.
Fees:
a. Improvements Permit:
b. Grading Permit:
$2,130 min or 5% of Off-site
Improvement Costs
$2,000 min or 6% of On-site
Improvement Costs
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c. Development Maintenance Deposit
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
Bonds:
a. On & Off-Site Improvements Bond: 100% Labor/Material Bond, 100%
Performance Bond
$1,000.00
Paid
**
$ 2,000.00
N/A
-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. 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. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMP's), as required by the State Water
Resources Control Board, for construction activity, which disturbs soil. BMP plans
shall be included in your grading and street improvement plans. Erosion and or
sediment control plan shall be provided.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING
CONDmONS
(Section 66474.10 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
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 9th day of May 2006, 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:
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