.01 TM-2010-01 Donna VingoOFFICE OF COMMUNITY DEVELOPMENT
CUPERTINO
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
(408) 777 -3308 • FAX (408) 777 -3333 • planningCdcupertin.o.or�
PLANNING COMMISSION STAFF REPORT
Agenda Item No. A— Agenda Date: March 9, 2010
Application: TM- 2010 -01
Applicant: Donna Vingo (Applicant), Russell Marshall Trustee (Owner)
Application Summary: Tentative Map to subdivide an approximately 41,800 square
foot parcel into five parcels ranging from 6,400 square feet to
8,800 square feet located at 790 South Blaney Avenue.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Tentative Parcel Map in
accordance with the model resolution.
PROJECT DATA
General Plan Designation: Low Density (1 -5 Dwelling Units /Gross Acre)
Zoning Designation: R1 -6 (Single Family Residential - 6,000 square feet
1 -1
minimum)
Total Gross Lot Area:
47,025 square feet (1.08 acre)
Total Net Lot Area:
35,588 square feet (0.82 acre)
Proposed Lot Areas:
Lot 1:
6,722 square feet (0.15 gross acres)
Lot 2:
6,525 square feet (0.15 gross acres)
Lot 3:
6,461 square feet (0.15 gross acres)
Lot 4:
8,890 square feet (0.20 gross acres)
Lot 5:
6,990 square feet (0.16 gross acres)
Existing Land Use:
Single - family residential
Proposed Land Use:
Single - family residential
Existing Density:
0.93 du/ gross acre
Proposed Density:
4.63 du /gross acre
Project Consistency with General Plan: Yes
Zoning: Yes
Environmental Review:
Categorically Exempt per Section 15333, Class 33 (In-
Fill Development Projects) of the California
Environmental Quality Act (CEQA)
1 -1
TM- 2010 -01 Donna Vigno (Russell Marshall Trustee) February 23, 2010
Page 2
BACKGROUND
Site Description
The subject property is located at the northeast corner of South Blaney Avenue and
Clifford Drive surrounded by single- family homes. Currently the site consists of a
single- family home, a detached garage and a shed located at the eastern corner of the
property. The home is currently accessed by a circular driveway along South Blaney
Avenue that leads to the residence and to the detached garage.
The existing home that is currently on
the site was reviewed by the Historic
Research Committee in 1997, and the
report concluded that due to the
amount of modifications and
additions to the original structure, and
the limited historical impact by the
various families who have lived on
the site, the home was not historically
significant. The house is also not
included on the City's General Plan
Historic Resources List. All of the
existing structures are proposed to be
demolished prior to the recordation of
the final map.
Zoning and General Plan Conformance
The subject site is located in a R1 -6 zoning district with minimum lot size of 6,000
square feet. The applicant is proposing to subdivide the existing 41,800 square foot
parcel into five single- family residential lots, ranging from 6,461 to 8,890 in size. The
proposed project is consistent with the General Plan and the RI Ordinance.
DISCUSSION
Subdivision Design
The proposed five parcels are configured in a mariner to allow two of the lots (Lots 1
and 2) to face and access South Blaney Avenue, and Lots 3, 4 and 5 to be accessed from
Clifford Drive (see Tentative Parcel Map, Attachment 1).
1 -2
TM- 2010 -01 Donna Vigno (Russell Marshall Trustee) February 23, 2010
PaLye 4
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Staff supports the proposed project provided that final house design on lot 5 shall be
consistent with the conceptual plan included with this review.
Site Improvements
Frontage improvements will involve the construction of street frontage along South
Blaney Avenue and Clifford Drive consisting of a 10' street dedication for curb, gutter,
sidewalk and landscape strip. The applicant will work with staff on the number,
location, and species of the new street trees within the landscape strip.
Trees
The project is anticipated to remove approximately 26 trees. The trees are being
proposed for removal because they are either located in the public improvement area,
located within the buildable area of the future residences, or are insignificant in size and
species. None of the trees are protected per the Zoning Ordinance (14.18.035).
Staff recommends that the formal tree removal request and any mitigation /replacement
plan be reviewed and approved in conjunction with the full submittal of the design
review for the five homes.
Cupertino Sanitary District
The Cupertino Sanitary District has reviewed the project and states that sanitary sewer
service can be provided to the proposed parcels via South Blaney Avenue (see
Attachment 2).
1 -4
TM- 2010 -01 Donna Vigno (Russell Marshall Trustee) February 23, 2010
PaLre 3
Conceptual House Plan (Lott)
Typically, for a subdivision of this size, especially when the property is irregular in
shape and located in a dense residential neighborhood, the City prefers to review and
approve the design of the homes in conjunction with the subdivision map request. The
concept is that when a subdivision is approved, the future property owners assume the
right to build in accordance with R1 Ordinance. Therefore, potential building design
and interface should be considered at the subdivision review phase to ensure that
proper and reasonable house designs may be approved without compromising the
integrity of the neighborhood.
Due to financial considerations, the applicant is not able to submit full architectural and
site plans for all five lots. Instead, a conceptual plan of Lot 1 has been provided to
demonstrate that it can facilitate a reasonable and compatible house design. The
applicant has also agreed to a condition that requires full design review approval for all
five homes prior to recordation of the final map.
The architectural details illustrated in "Plan 1(Lot 1) Front Elevation- Spanish Style" are
intended to represent the level of design quality anticipated for the future residences
(see Color Rendering in Attachment 1). The details are attractive and will enhance the
neighborhood.
1 -3
TM- 2010 -01 Donna Vigno (Russell Marshall Trustee) February 23, 2010
PaLye 5
Categorical Exemption
The proposed project is deemed categorically exempt per Section 15333, Class 33 (In -Fill
Development Projects) of the California Environmental Quality Act (CEQA) since the
project is characterized as follows:
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
(b) The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened
species.
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
Prepared by: Leslie Gross, Assistant Planner
Reviewed by:
ao
City Planner
Approved by:
Aarti Shrivastava
Community Development Director
ATTACHMENTS
Model ResoJution(s)
Attachment 1 Plan Set
Attachment 2 Cupertino Sanitary District comments
G. lPlanntngTDREPORTpc TA4 reportsi2010lnnreportsiT.A4- ?010- Ol.doc
1 -5
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE PARCEL MAP TO SUBDIVIDE AN APPROXIMATELY
47,025 SQUARE FOOT PARCEL INTO FIVE PARCELS RANGING FROM
6,461 to 8,890 SQUARE FEET AT 790 SOUTH BLANEY AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tentative Parcel 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 are consistent with the
General Plan.
3) That the site is physically suitable for the type and intensity of development contemplated
under the approved subdivision.
4) That the design of the subdivision or the proposed improvements are 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 there with 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 Parcel Map, file no. TM- 2010 -01, is hereby approved,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
That the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. TM- 2010 -01
as set forth in the Minutes of the Planning Commission Meeting of March 9, 2010, and are
incorporated by reference as though fully set forth herein.
1 -6
Model Resolution TM- 2010 -01 March 9, 2010
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM- 2010 -01
Applicant: Donna Vingo (Russell Marshall Trustee)
Location: 790 South Blaney Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan sets titled "Tentative Map, 790 S. Blaney Avenue, Cupertino,
California ", dated January 2010, consisting of four sheets labeled 1 through 3, a Proximity
Map, a Right -of -Way Dedication exhibit, and a color rendering showing potential new
home design, except as amended by the Conditions contained in this Resolution.
2. 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.
3. RESIDENTIAL DESIGN REVIEW
The applicant and /or owner shall obtain design review approvals from the City for all of
the proposed residential homes prior to recordation of the final map. Any proposed two -
story residence shall require site and architectural approval of a two -story residential
permit per Section 19.28 of the Single - Family Residential (R1) Zoning Ordinance. The
home on Lot 1 shall closely resemble the conceptual rendering in architectural design and
quality provided in the approved exhibits. In addition, the rest of the homes (Lots 2 - 5)
shall be consistent and compatible with the Lot 1.
4. DEMOLITION OF STRUCTURES
Prior to recordation of the final map, the applicant shall demolish and remove all structures
on the property. All demolished buildings and site materials shall be recycled to the
maximum extent feasible. The applicant shall provide evidence that materials will be
recycled prior to issuance of demolition permit.
5. TREE PROTECTION
This approval does not constitute any tree removals. A detailed tree
removal/ preservation plan shall be submitted for review and approval prior to the
approval of the home design.
6. CONSTRUCTION MANAGEMENT PLAN
Final map improvement plans shall include a construction management plan detailing how
construction activities will be conducted. The plan shall address, but not be limited to the
following activities:
1 -7
Model Resolution TM- 2010 -01 March 9, 2010
Page 3
a. Construction staging area
b. Construction schedule and hours
c. Construction phasing plan, if any
d. Contractor parking area
e. Tree preservation/ protection plan
f. Site dust, noise and storm run -off management plan
g. Emergency and construction site manager contacts
SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
7. STREET WIDENING
Street widening and dedications shall be provided in accordance with City Standards and
specifications and as required by the City Engineer.
8. 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.
9. 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.
10. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Santa Clara County Fire
Department as needed.
11. 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.
12. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Pre- and post -
development calculations must be provided to indicate whether additional storm water
control measures are to be installed.
13. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
14. 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.
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.
Model Resolution TM- 2010 -01 March 9, 2010
Page 4
15. 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 under grounding of utilities. Said
agreement shall be executed prior to issuance of construction permits.
Fees:
a. Checking & Inspection Fees:
b. Grading Permit:
c. Development Maintenance Deposit:
d. Storm Drainage Fee:
e. Power Cost:
f. Map Checking Fees:
g. Park Fees:
h. Street Trees
$ 5% of Off -Site Improvement Cost or
$2,468.00 minimum
6% of Site Improvement Cost or $2,217.00
minimum
$ 2,000.00
Per Acreage
**
$7,817.00
Per ordinance
By Developer
** Based on the latest effective PG &E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off -site and On -site Improvements
b. Labor & Material Bond: 100% of Off -site and On -site Improvement
c. On -site Grading Bond: 100% of site improvements.
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.
16. 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. The transformer shall not be located in
the front or side building setback area.
17. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included in
grading and street improvement plans.
18. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm water
runoff quality, and BMP inspection and maintenance.
1 -9
Model Resolution TM- 2010 -01 March 9, 2010
Page 5
19. C.3 REQUIREMENTS
The developer shall reserve a minimum of 4% of developable surface area for the placement
of storm water treatment facilities on the tentative map, unless an alternative storm water
treatment plan to satisfy c.3 requirements is approved by the City Engineer.
The developer must include the use and maintenance of site design, source control and
storm water treatment Best Management Practices (BMPs), which must be designed per
approved numeric sizing criteria. A Storm Water Management Plan, Storm Water
Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance
Agreement, and certification of ongoing operation and maintenance of treatment BMPs are
required. The Storm Water Management Plan will be required to obtain approval from an
approved third party reviewer, at the expense of the developer.
20. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
21. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials
on site. Erosion control notes shall be stated on the plans.
22. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the City. The plan shall include a temporary traffic control plan for work in the
right of way as well as a routing plan for all vehicles used during construction. All traffic
control signs must be reviewed and approved by the City prior to commencement of work.
The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for
all signage and striping work throughout the City.
23. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
24. PEDESTRIAN CROSSWALKS
The developer shall provide pedestrian crosswalk improvements at Clifford Drive and
Blaney Avenue. Final crosswalk improvement plan shall be reviewed and approved by
the City Engineer.
25. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
26. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
27. 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
1 -10
Model Resolution TM- 2010 -01 March 9, 2010
Page 6
28. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
29. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
30. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG &E,
PacBell, and California Water Company, and /or equivalent agencies) will be required prior
to issuance of building permits.
31. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
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 9th day of March 2010, 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:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST:
Aarti Shrivastava, Director
Community Development Department
APPROVED:
Paul Brophy, Chair
Planning Commission
G: � P1anning \ PDReport \ Res \ 2010 \ TM- 2010- 01.doc
1 -11
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PROJECT INFORMATION
APPMICAffr.
Blaney Venturs, L LC
MIks McOldon
1448 Entrnda Verde Plaos
Alamo CA 94507
923 785 4646
FAX 923 944 9108
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31r oww noac 21801 STEIIENS CRFF.If BOULEVARD. STE 8
CUPERTINO, CALIFORNIA. 95014
TEL (408) 257 -6452
s• FAX (408) 257 -6821
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APN: 369 -11 -048
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Attachment 2
DISTRICT MANAGER - ENGINEER
MARK THOMAS & COMPANY, INC
RICHARD K. TANAKA
N I TA,Q
l
�o
6
Is HE'D
BOARD OF DIRECTORS
WILLIAM A. BOSWORTH
JOHN M. GATTO
CURTIS B. HARRISON
WENDELL H. KERR, JR.
CHRISTOPHER C. LEE
DISTRICT COUNSEL
ATKINSON • FARASYN, LLP.
HAROLD S. TOPPEL
February 11, 2010
20833 STEVENS CREEK BOULEVARD, SUITE 104
CUPERTINO, CALIFORNIA 95014-2154
(408) 253 -7071 PHONE • (408) 253 -5173 FAX
www. cup ertinosanitarydistrict. com
File: CSD — MOPO
Planning Department - Cupertino
Leslie Gross
Community Development Department - Planning
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
Subject: Tentative Map to subdivide an approximately 41,800 square feet lot into five
parcels ranging from 6,400 to 8,800 square feet.
Name: Russell Marshall Trustee (Donna Vingo)
Address: 790 S. Blaney Avenue
APN: 369 -11 -048
Planning Application No: TM- 2010 -01
Dear Ms. Gross:
The Cupertino Sanitary District has reviewed the tentative map and has the following comments:
• Sanitary sewer service can be provided to the proposed parcels via S. Blaney Avenue and
Clifford Drive. There is one existing lateral connection for the entire parcel on Clifford
Drive.
• It is anticipated additional Cupertino Sanitary District Fees and Permits shall be required
for the proposed development.
• Improvement plans for the subject project shall be reviewed by the District.
SUPPLYING SANITARY SEWERAGE SERVICES FOR: CITY OF CUPERTINO, PORTIONS OF THE CITIES OF SARATOGA, SUNNYVALE Los ALTOS AND
SURROUNDING UNINCORPORATED AREAS
1 -18
Page 2
Subject: Tentative Map to subdivide an approximately 41,800 square feet lot into five
parcels ranging from 6,400 to 8,800 square feet.
Name: Russell Marshall Trustee (Donna Vingo)
Address: 790 S. Blaney Avenue
APN: 369 -11 -048
Planning Application No: TM- 2010 -01
Please feel free to contact Nichol Bowersox at (408) 253 -7071 if you have any questions or
concerns.
Yours very truly,
MARK THOMAS & COMPANY, INC.
District Manager- Engineer
r G'
for Richard K. Tanaka
SUPPLYING SANITARY SEWERAGE SERVICES FOR: CITY OF CUPERTINO, PORTIONS OF THE CITIES OF SARATOGA, SUNNYVALE, LOS ALTOS AND
SURROUNDING UNINCORPORATED AREAS
1 -19