.03 TM-2009-04 Terry BrownCity of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
CUFERTINO
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
Dwellu1g Units/ Gross Acre)
Total Gross Lot Area: 6,633 square feet
Total Net Lot Area: 4,758 square feet
Proposed Unit Sizes:
Unit 1 (CommerciaUOffice): 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)
3-1
TERRY BROwN TM-2009-04 NOVEMBER 24, 2009
10056 OR~1GE A« 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
Plaruling Commission approved the mixed-use project (U-2006-14, ASA-200b-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.
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The applicant, Terry Brown, is now requesting approval to subdivide the building into
two commercial/office units and one residential unit.
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.
3-2
~RRY BROWN 'TM-2009-04 NOVEMBER 24, 2009
10056 ORANGE AVENUE PAGE 3
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Com~~zercial Co~ido~~iiliiu~~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 u1 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 Exe~~~ptio~~
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
3-3
TARRY BROWN TM-2009-04 NOVEMBER 24, 2009
10056 ORANGE AVENUE PAGE 4
• Requires no variances or exceptions
• Has access and all services to local standards
• The parcel does not have an average slope greater than 20%.
Enclosures:
Model resolution for TM-2009-04
Attachment 1: Tentative Parcel Map
Prepared by: Piu Ghosh, Associate Planner
Reviewed by
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~~ --r~Chao
City Planner
Approved by
Aarti Shrivastava
Community Development Director
G:\Planning\PDREPORT\2009tmreports\ TM-2009-04.d~-'4
TM-2009-04
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 SUBDIVIDE AMIXED-USE BUILDING INTO TWO
COMMERCIAL/OFFICE UNITS AND ONE RESIDENTIAL CONDOMINIUM
SECTION I: FINDINGS
WHEREAS, the P1aruling 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 P1aruZing Commission Meeting of
November 24, 2009, and are incorporated by reference as though fully set forth herein.
3-5
Resolution No. 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 Map for
Orange Condominiums", 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 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 ~'
• Disbanding of the Association shall require written permission from the
City
• The Association shall cover 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.
5. RESTRICTED USE OF SPACE
At least 400 s.f. of conunercial/office unit 1 shall be occupied by commercial uses
or similar uses deemed appropriate by the Director of Community Development.
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
3-6
Resolution No. TM-2009-04 November 24, 2009
Page 3
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
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:
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Gary Chao, City Planner
Community Development Department
G: ~ Planning ~ PDR EPOR T ~ R ES `2008 ~ T1~1-2008-04 res.doc
3-7
APPROVED:
Lisa Giefer, Chairperson
Planning Commission
ATTACHMENTI
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TENTATIVE MAP NOTES
OWNER AND SUBDMDER: MARCI PROPERTIES, LLC
10056 ORANGE AVENUE
CUPERTINO, CA 95014
ENGINEER: ADVANCED OEVEIOPMENT
2933 BENJAMINE COURT
SAN JOSE, CA 95124
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UNIT 1 - - - - - -
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YAGHOUB SAIDIAN, CIVIL ENGINEER
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357-I7-058 (PORTION OF)
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COMMERCIAL AND RESIDENTIAL MIXED USE
I~ BELOW I z PARCEL 1 FOR CONDOMINIUM PURPOSES CONTAINING
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5.00'~_ ___________ _~ BSO' ---- UNIT FLOOR AREAS, AS FG.LOWS:
COMMERCIAL UNIT 1 = 1,720 SQUARE FEET t
'° COMMERCIAL UNIT 2 = 289 SQUARE FEET t
N89'S9'22"W 41.00' RESIDENTIAL UNIT 1 = 1,685 SQUARE FEET t
NO PUBUC AREAS OR PUBLIC EASEMENTS PROPOSED.
BUILDING LOFT FLOOR PLAN
(ABOVE SECOND FLOOR) A PARCEL MAP FOR CONDOMINIUM PURPOSES WILL BE FlIED.
ALL PERMIT INFRA9TRUCNRE SHALL MEET THE Cltt OF CUPER71N0 COMMON
INTEREST DEVELDPMENT STANDARDS.
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MARCI PRCPERPES
MAP NOTES
ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND DECIMALS
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PARCEL 1 BEING A PORTION OF LOTS 20, 21 ANO 22 IN BLOCK 3,
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IN BOOK P OF MAPS AT PAGE 24, RECORDS Of SANTA CLARA
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PARCEL 1 BEING ALSO A PORTION Of THE LANDS DESCRIBED IN
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AS WILLIAM MARCI, AN UNMARRIED MAN TD MARCI PROPERTIES, LLC,
3 A DELAWARE UNITED LIABIUtt COMPANY, GATED FEBRUARY 07,
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