PC Summary 06-13-06
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
From:
Steve Piasecki, Director of Community Development
Date:
June 14, 2006
Subj:
REPORT OF PLANNING COMMISSION DECISIONS MADE
June 13, 2006
Chapter 19.32 of the Cupertino Municipal code provides for
a eal of decisions made b the Plannin Commission
1. Am>lication
TN-2006-06; Roger Higdon (Jauch residence), 10760 S. Stelling Road
Description
Tentative Map to subdivide an approximately two acre parcel into a .69 acre
parcel and a 1.14 acre reminder parcel
Action
The Planning Commission approved the application on a 4 - 0 -1 vote.
The ten-calendar day appeal will expire on June 23, 2006.
Enclosures:
Planning Commission Report of June 13,2006
Planning Commission Resolution No. 6392
Approved Plan Set
:planningIPost Hearing/summary to cc061306
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
TM-2006-06 Agenda Date: June 13, 2006
Roger Higdon
Irene Jauch
10760 S. Stelling Road, APN 359-22-062
Application Summary:
TENTATIVE MAP to subdivide a 1.83 acre parcel into one 0.69 acre parcel and one 1.14
acre remainder parcel in a Rl-6 zoning district.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the tentative map, file
number TM-2006-06, in accordance with the model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Total Acreage (gross):
Net Acreage per parcel:
Existing Density:
Proposed Density:
Low Density Residential (1-5 DU I gross acre)
Rl-6 (minimum of 6,000 sq. ft. per parcel)
1.83 acres
Lot 1: 0.69 acre; remainder lot: 1.14 acre
0.55 dul gr. acre
1.09 dul gr. acre (no development proposed)
Project Consistency with: General Plan:
Zoning:
Environmental Assessment:
Yes
Yes
Categorically exempt.
BACKGROUND:
The 1.83-acre, rectangular parcel is developed with one single-family residence located
in the southwest quadrant of the property. The residence has access via a fully
improved Jollyman Lane, even though the property has a Stelling Road address. The
northern portion of the property has access to the westerly terminus of Bollinger Road.
The property is surrounded by other single family land uses on lots between 6,000 and
8,500 square feet.
There are numerous trees on the property, both specimen and non-specimen sizes.
Most of the trees are either fruit trees or part of a renmant private "Christmas tree"
grove used by the family. There is a row of large Coastal Redwoods in the center of the
property on Parcel A and Monterey Pines scattered along the perimeter of the property.
I-I
TM-2006-06
Page 2
June 13, 2006
DISCUSSION:
The owner is subdividing her lot for estate planning purposes (Exhibit A) and is not
contemplating any new development at this time. Parcel A has the current residence
with access via Jollyman Lane. Parcel B, the remainder parcel, will remain undeveloped
for the present and has access via Bollinger Road. As a designated remainder parcel,
state subdivision law requires the deferral of improvements and development-related
fees until development is actually proposed.
The residence takes its utility service from overhead lines connected to a pole line along
the rear of properties facing Kirwin Lane. Since the pole line crosses both parcels, a
utility easement along the electrical I telephone line is shown.
No trees are proposed for removal. A condition of approval requires the property
owner to record a covenant on the property that provides notification of specimen size
trees on the property and the requirement of a City permit for tree removal.
Prepared by: Colin Jung, Senior Planner
Approved by: Steve Piasecki, Director of Community Develop~
Enclosures: Model Resolution
Exhibit A: Letter from property owner dated February 15, 2006
Plan Set
G: IPlanninglPDREPORnpcTMreports\2006tmreports ITM-2006-06.doc
,-~
TM-2006-06
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 A 1.83-ACRE
PARCEL INTO ONE 0.69-ACRE PARCEL AND A 1.14-ACRE REMAINDER
PARCEL AT 10760 SOUTH STELLING ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2006-06
Roger Higdon (for Irene Jauch)
10760 South Stelling Road
SECTION II: 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 been 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 are not likely to cause serious public health problems.
'-3
Resolution No.
Page 2
TM-2006-06
June 13, 2006
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2006-06 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 subconc1usions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application TM-2006-06, as set forth in the Minutes of Planning Commission Meeting of
June 13,2006, 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 "Lands of JauchlTentative Parcel
Mapl 10760 S. Stelling Roadl Cupertino, California" consisting of one sheet and
dated as received on Apr. 26, 2006, 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. 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 fruit 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.
J-J-f
Resolution No.
Page 3
TM-2006-06
June 13, 2006
IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
5. CURB AND GUTTER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed III
accordance with grades and standards as specified by the City Engineer.
6. 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.
7. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Fire.
8. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City, as needed.
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 andlor Regional
Water Quality Control Board as appropriate.
10. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow
across public sidewalks may be allowed in the R-l, R-2 and R-3 zones unless the
City Engineer deems storm drain facilities necessary. Development in all other
zoning districts shall be served by on site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not available, drainage
facilities shall be installed to the satisfaction of the City Engineer.
11. 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.
J-5
Resolution No.
Page 4
TM-2006-06
June 13, 2006
12. 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. Checking & Inspection Fees: $ 5% of On/Off-Site Improvement Costs
($2,268.00 min.)
b. Grading Permit: $ 6% of On Site Grading Improvement Costs
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: . $ 2,365.60
e. Power Cost: N I A
f. Map Checking Fees: $ 2,000.00
g. Park Fees: $15,750 (To be paid at time of building permit)
h. Street Tree By Developer
Bonds:
a. Faithful Performance Bond: 100% of Qff-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.
13. 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.
14. DEDICATIONOFWATERLINES
The developer 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.
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.
1-&
Resolution No.
Page 5
TM-2006-06
June 13, 2006
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 Oualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
---------------------------------------------------------------
---------------------------------------------------------------
PASSED AND ADOPTED this 13th day of June 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:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chairperson
Cupertino Planning Commission
g:/planning/pdreportjres(fM-2006-06 res.doc
f~7
t:'J. rr\ B \1: A
RF;CRTVED
APR 2 () 2006
BY=
.
February 15,2006
Planning Division
Community Development Department
City of Cupertino
RE: Project Planning File No. TM--2006-01-A tentative parcel map to subdivide a 1.84 acre lot
into a 0.92-acre parcel and a 0.92-acre remainder parcel at 10760 South Stelling Road.
Dear Commissioners,
As the property owner, Irene Jauch, of the parcel at 10760 South Stelling Road, I am asking you
to approve my request for a parcel split of my property. I am doing this in order to settle my
husband's estate and to place the property into my survivor trust. This is being done under advise
of my attorney, Mary Falk.
I want to assure you that I am not considering any development on my property now or in the
near future and would request that no expensive improvement requirements be place on this
subdivision.
Since/rely, L- -" ~ Al...0"
i.r,,--=.'{...~Ilo>
. /....-3' ;.<..iL...../ /[
~, ~ /
l
Irene Jauch
10760 South Stelling Road
Cupertino, CA 95014
.-
1 r-16
TM-2006-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6392
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENT A TIVE PARCEL MAP TO SUBDIVIDE A 1.83-ACRE
PARCEL INTO ONE 0.69-ACRE PARCEL AND A 1.14-ACRE REMAINDER
PARCEL AT 10760 SOUTH STELLING ROAD
SECTION I; PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2006-06
Roger Higdon (for Irene Jauch)
10760 South Stelling Road
SECTION II: 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 been 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 are not likely to cause serious public health problems.
Resolution No.6392
Page 2
TM-2006-06
June 13, 2006
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts~ exhibits, testimony and other evidence
submitted in this matter, the application TM-2006-06 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 subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application TM-2006-06, as set forth in the Minutes of Planning Commission Meeting of
June 13, 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 "Lands of Jauch/Tentative. Parcel
Mapl 10760 S. Stelling Roadl Cupertino, California" consisting of one sheet and
dated as received on Apr. 26, 2006, 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. 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 fruit 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.
Resolution No.6392
Page 3
TM-2006-06
June 13, 2006
IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
4. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
5. CURB AND GUTIER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed In
accordance with grades and standards as specified by the City Engineer.
6. 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.
7. FIRE HYDRANT
Fire hydrants shall be located as required by the City and Fire.
8. TRAFFIC SIGNS ' " I,
Traffic control signs shall be placed at locations specified by the City, as needed.
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 I or Regional
Water Quality Control Board as appropriate.
10. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. Surface flow
across public sidewalks may be allowed in the R-1, R-2 and R-3 zones unless the
City Engineer deems storm drain facilities necessary. Development in all other
zoning districts shall be served by on site storm drainage facilities connected to the
City storm drainage system. If City storm drains are not available, drainage
facilities shall be installed to the satisfaction of the City Engineer.
11. 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.
Resolution No.6392
Page 4
TM-2006-06
June 13, 2006
12. 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. Checking & Inspection Fees: $ 5% of On/Off-Site Improvement Costs
($2,268.00 min.)
b. Grading Permit: $ 6% of On Site Grading Improvement Costs
c. Development Maintenance Deposit: $ 1,000.00
d. Storm Drainage Fee: $ 2,365.60
e. Power Cost: NI A
f. Map Checking Fees: $ 2,000.00
g. Park Fees: $ 15,750 (To be paid at time of building permit)
h. Street Tree By Developer
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.
13. 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.
14. DEDICATION OF WATERLINES
The developer 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.
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.
Resolution No.6392
Page 5
TM-2006-06
June B. 2006
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
Isl Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
----------.......------------------------------------.......------------......-----
-----.......----------------------------------------------------------
PASSED AND ADOPTED this 13th day of June 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: Chairperson Miller, Saadati, Chien, Vice Chair Giefer
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Wong
ATTEST:
APPROVED:
/ slSteve Piasecki
Steve Piasecki
Director of Community Development
Is/Marty Miller
Marty Miller, Chairperson
Cupertino Planning Commission
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