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
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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
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