PC Summary 02-28-06
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
From:
Date:
Subj:
Mayor and City Council Members
Steve Piasecki, Director of Community Development
March 2, 2006
REPORT OF PLANNING COMMISSION DECISIONS MADE
February 28, 2006
Chapter 19.32 of the Cupertino Municipal code provides for
a eal of decisions made b the Plannin Commission
1. Application
TM-2005-14, V-2006-01; Jitka Cymbal (Low residence), 21988 McClellan Road
Description
Tentative Map to subdivide a 21,803 square foot residence into two parcels,
10,418 and 11,385 respectively and a variance to allow two lots that are 58 feet
wide instead of the required 60-foot width
Action
The Planning Commission approved the application on a 5 - 0 vote.
The ten-calendar day appeal will expire on March 16, 2006.
Enclosures:
Planning Commission Report of February 28, 2006
Planning Commission Resolution No. 6374 and 6375
Approved Plan Set
g:planning/Post Hearing/summary to cc022806
TM-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6374
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 21,803 SQUARE FOOT LOT
INTO TWO PARCELS, 10,197 SQUARE FEET AND 11,607 SQUARE FEET
RESPECTIVELY AT 21988 MCCLELLAN ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2005-14
Jitka Cymbal (Low residence)
21988 McClellan 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. 6374
Page 2
TM-2005-14
February 28, 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-2005-14 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-2005-14, as set forth in the Minutes of Planning Commission Meeting of
February 28, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers,
Inc., dated January 2006, and consisting of two sheets labeled pages 1 and 2, except
as may be amended by the conditions contained in this resolution.
2. DEMOLITION
The applicant is required to demolish existing structures in accordance with City
demolition procedures.
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 of the Coast Live Oak,
Deodar Cedar and the Silk tree identified as #9 in the consulting arborist report
dated October 24, 2005, notifying future property owners of the kinds and numbers
of trees protected by City Ordinance and the requirement for a tree removal permit
for these trees. The covenant shall be reviewed and approved by the City Attorney.
All protected trees on site shall be fenced off during construction, watered on a
regular basis and no trenching shall be done within 6' of the tree trunks.
In the event that any trees need to be relocated or removed due to required
improvements, a tree removal application may be made to the Director of
Community Development.
4. TREE PROTECTION BOND
The applicant, prior to approval of the final map and building permit approval, shall
provide a tree protection bond in the amount of $30,000 to ensure protection of
existing trees on the site. The bond shall be returned after completion of
construction, subject to a letter from the City arborist indicating that the trees are in
good condition.
Resolution No. 6374
Page 3
TM-2005-14
February 28, 2006
5. TREE PROTECTION STANDARDS
The applicant shall enter into an agreement with a licensed arborist to oversee the
protection of the three aforementioned trees during construction on the property.
The agreement with the arborist shall reference the recommendations for protection
of the aforementioned trees as presented by Barrie D. Coate and Associates in the
arborist report dated October 24, 2005.
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.
7. RIGHT-OF-WAY-ALIGNMENT
The irregularity of the right-of-way in front of the property shall be evaluated and
portions abandoned if determined by the Director of Public Works that a smoother
transition of property lines is achieved.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
9. 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.
10. STREET LIGHTING INSTALLATION
Street lighting shall be installed and s~all 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.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company and
Santa Clara County Fire.
Resolution No. 6374
Page 4
TM-2005-l4
February 28, 2006
-------
12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
13. 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.
14. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. 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.
Pre and Post storm drain calculations are required
15. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
and Santa Clara County Fire, as needed.
16. 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.
17. 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 Tree
$ 5% of Off-Site Improvement Cost or $2,785.00 min.
$ 6% of Site Improvement Cost or $2,000.00 min.
$ 2,000.00
$ 640.71
Not Required
$ 3,250.00
$ 15,750.00
By Developer
Bonds:
a. Faithful Performance Bond: 100% of Off-site and On-site Improvements
Resolution No. 6374
Page 5
TM-2005-l4
February 28,2006
-------------
--------
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.
18. TRANSFORMER
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.
19. 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.
20. 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.
-----------------------------------------------------------------------------
-----------------------------------------------------------------------------
PASSED AND ADOPTED this 28th day of February 2006, 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 Miller, Vice-Chair Giefer, Saadati, Wong,
Chen
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
Is/Steve Piasecki
Steve Piasecki
Director of Community Development
Is/Marty Miller
Marty Miller, Chairperson
Cupertino Planning Commission
V-2006-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6375
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE TO ALLOW LOT WIDTHS OF APPROXIMA TEL Y 58 FEET
INSTEAD OF 60 FEET FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21988
MCCLELLAN ROAD, AS REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO
MUNICIPAL CODE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application
for a Variance, 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 at least one
Public Hearing on this matter; and
WHEREAS, the applicant has meet the burden of proof required to support the application,
and has satisfied the following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable to
the property involved that do not apply generally to properties in the same district.
2) That granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant, and to prevent unreasonable property loss
or unnecessary hardship.
3) That granting the Variance will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety,
and general welfare, or convenience, and to secure the purpose of the title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence
submitted in this matter, the application for Variance is hereby approved by the Planning
Commission of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are
contained in the public hearing record concerning Application V-2006-01, as set forth in the
Minutes of the Planning Commission Meeting of February 28 2006, and are incorporated by
reference as though fully set forth herein.
Resolution No. 6375
Page -2-
V-2006-01
February 28, 2006
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
V-2006-01
Jitka Cymbal Ging and Roger Low)
21988 McClellan Road
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers, Inc.,
dated January 2006, and consisting of two sheets labeled pages 1 and 2, except as may be
amended by the conditions contained in this resolution.
PASSED AND ADOPTED this 28th day of February, 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 Miller, Vice-Chair Giefer, Saadati, Wong
Chen
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
Is/Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/Marty Miller
Marty Miller, Chair
Cupertino Planning Commission
G :IPlanningIPDREPOR TIRES\2006\V -2006-0 I.doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
TM-2005-14, V-2006-0l
Jitka Cymbal
Jing and Roger Low
21988 McClellan Road
Agenda Date: February 28, 2006
Application Summary:
TENTATIVE MAP to subdivide a 21,803 square foot lot into two parcels (11,385 and
10,418 square feet in size) in a Rl-7.5 zoning district. [The revised square footage of the
lots is 10,197 and 11,807 due to the reconfiguration.]
VARIANCE to allow two lots that are 58 feet wide on a proposed subdivision instead of
the required 60-foot width.
RECOMMENDATION:
Staff recommends that the Planning Commission approve
1. The tentative map, file number TM-2005-14 in accordance with the model
resolution.
2. The variance, file number V -2006-01 in accordance with the model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Total Acreage (gross):
Net Acreage per parcel:
Density:
Low Density Residential, 1-5 DU / gr. acre
Rl-7.5
21,803 square feet
Lot 1-10,197 sq. ft., Lot 2-11,807 sq. ft.
4 du/gr. acre.
Project Consistency with: General Plan:
Zoning:
Yes, Policy 2-23
Yes
Categorically exempt.
Environmental Assessment:
BACKGROUND:
This application is continued from the Planning Commission meeting of January 24,
2006. Planning Commissioners were interested in evaluating a conventional, two-lot
subdivision, rather than a flat lot. Two conventional lots result in a lot-width narrower
than the required 60 feet, so the Commissioners continued the item to this meeting for
public notification of the variance.
J-I
TM-2005-14
Page 2
February 28, 2006
DISCUSSION:
The major issues related to this application are discussed in the enclosed January 10 and
24, 2006 staff reports. This report discusses new issues identified with the conventional
lot configuration.
Lot Pattern and Width
There are numerous flag lots in the area, which supported the original flag lot
configuration (see Exhibit 1). However, conventional lots with residences facing the
street will better integrate the future house facades into the neighborhood.
Each lot is approximately 58 feet wide, vs. the required 60 feet. Lot widths on
McClellan Road are generally wider than 60 feet. However, the proposed lots are very
close to the required lot-width, and the narrower lot width is a trade-off for being able
to create lots where residences face the street.
BuiIdin~ Sites and Tree Protection
Footprints for the proposed residences are shown in the plan set. Although future
residences do not need to conform to these footprints, they indicate that viable
residences can be built and trees can be protected. A detached garage in the rear on Lot
1 might be the best way to protect the oak tree, for example. A garage in the front on
Lot 2 might not be the best design, because it does not accomplish the desired outcome
of having residences face the street. These concerns will be addressed at the building
permit stage.
Variance Findings
Staff believes that the variance findings for the lot width can be made:
1. There are exceptional or extraordinary circumstances or conditions applying to
the property involved that do not apply generally to property in the same
district.
In order for this property to subdivide with conventional lots, a variance is needed
for a narrower lot width. The property could be subdivided with a flag lot that does
not require a variance, and the exceptional circumstance is that conventional lots are
desired so that residences can face the street and better integrate the homes into the
neighborhood.
2. The granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant, and to prevent
unreasonable property loss or unnecessary hardship.
The proposed lots conform to the General Plan, zoning and to lot sizes in the
surrounding area, thereby allowing the property owner to achieve property rights
similar to others in the area.
G: IPlanninglPDREPOR T1pcTMreports 12005 tmreports ITM-2005-14-2. doc
;¿-;},
TM-2005-14
Page 3
February 28, 2006
3. The granting of the application will not be detrimental or injurious to property
or improvements in the vicinity and will not be detrimental to the public
health, safety, and general welfare, or convenience, and to secure the purpose
of the title.
The subdivision will not be detrimental to the vicinity.
Prepared by: Ciddy Wordell, City Planner ~
Approved by: Steve Piasecki, Director of Community Development ~
Enclosures: Model Resolutions for TM-2005-14 and V-2006-01
Planning Commission Staff Reports, January 10 and 24, 2006
Plan Set
Exhibit 1: Vicinity Map
G: IPlanninglP DREPORTipcTMreports\2005tmreports\ TM-2005-] 4-2. doc
~-3
TM-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENT A TIVE MAP TO SUBDIVIDE A 21,803 SQUARE FOOT LOT
INTO TWO PARCELS, 10,197 SQUARE FEET AND 11,607 SQUARE FEET
RESPECTIVELY AT 21988 MCCLELLAN ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2005-14
Jitka Cymbal (Low residence)
21988 McClellan 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.
J-t-/
Resolution No.
Page 2
TM-2005-14
February 28, 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-2005-14 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-2005-14, as set forth in the Minutes of Planning Commission Meeting of
February 28, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "TENT A TIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers,
Inc., dated January 2006, and consisting of two sheets labeled pages 1 and 2, except
as may be amended by the conditions contained in this resolution.
2. DEMOLITION
The applicant is required to demolish existing structures in accordance with City
demolition procedures.
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 of the Coast Live Oak,
Deodar Cedar and the Silk tree identified as #9 in the consulting arborist report
dated October 24, 2005, notifying future property owners of the kinds and numbers
of trees protected by City Ordinance and the requirement for a tree removal permit
for these trees. The covenant shall be reviewed and approved by the City Attorney.
All protected trees on site shall be fenced off during construction, watered on a
regular basis and no trenching shall be done within 6' of the tree trunks.
In the event that any trees need to be relocated or removed due to required
improvements, a tree removal application may be made to the Director of
Community Development.
4. TREE PROTECTION BOND
The applicant, prior to approval of the final map and building permit approval, shall
provide a tree protection bond in the amount of $30,000 to ensure protection of
existing trees on the site. The bond shall be returned after completion of
G:\Planning\PDREPORT\RES\2005\ TM-200S-14 res.doc
,J~5
Resolution No.
Page 3
TM-2005-14
February 28, 2006
construction, subject to a letter from the City arborist indicating that the trees are in
good condition.
5. TREE PROTECTION STANDARDS
The applicant shall enter into an agreement with a licensed arborist to oversee the
protection of the three aforementioned trees during construction on the property.
The agreement with the arborist shall reference the recommendations for protection
of the aforementioned trees as presented by Barrie D. Coate and Associates in the
arborist report dated October 24, 2005.
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.
7. RIGHT-OF-WAY-ALIGNMENT
The irregularity of the right-of-way in front of the property shall be evaluated and
portions abandoned if determined by the Director of Public Works that a smoother
transition of property lines is achieved.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
9. CURB AND GUTI'ER IMPROVEMENTS
Curbs and gutters, sidewalks and related structures shall be installed in accordance
with grades and standards as specified by the City Engineer..
10. 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.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company and
G:\Planning\PDREPORT\RFS\2005\ TM-2005-14 res.doc
,2-10
Resolution No.
Page 4
TM-2005-14
February 28, 2006
Santa Clara County Fire.
12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
13. 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.
14. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. 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.
Pre and Post storm drain calculations are required
15. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
and Santa Clara County Fire, as needed.
16. 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.
17. 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:
G:\Planning\PDREPORT\RES\2005\ TM-2005-14 res.doc
$ 5% of Off-Site Improvement Cost or $2,785.00 min.
$ 6% of Site Improvement Cost or $2,000.00 min.
$ 2,000.00
$ 640.71
Not Required
$ 3,250.00
$ 15,750.00
;)-1
Resolution No.
Page 5
TM-2005-14
February 28, 2006
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.
18. TRANSFORMER
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.
19. 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.
20. 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.
=============================================================================
PASSED AND ADOPTED this 28th day of February 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
G:\Plamring\PDREPORT\ RES\2005\ TM-2005-14 res.doc
Marty Miller, Chairperson
Cupertino Planning Commission
,;)-6
V-2006-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A VARIANCE TO ALLOW LOT WIDTHS OF APPROXIMA TEL Y 58 FEET
INSTEAD OF 60 FEET FOR A PROPOSED TWO-PARCEL SUBDIVISION ON 21988
MCCLELLAN ROAD, AS REQUIRED BY CHAPTER 19.28 OF THE CUPERTINO
MUNICIPAL CODE.
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an application
for a Variance, 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 at least one
Public Hearing on this matter; and
WHEREAS, the applicant has meet the burden of proof required to support the application,
and has satisfied the following criteria:
1) That there are extraordinary or exceptional circumstances or conditions applicable to
the property involved that do not apply generally to properties in the same district.
2) That granting of the Variance is necessary for the preservation and enjoyment of
substantial property rights of the applicant, and to prevent unreasonable property loss
or unnecessary hardship.
3) That granting the Variance will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety,
and general welfare, or convenience, and to secure the purpose of the title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, testimony, exhibits and other evidence
submitted in this matter, the application for Variance is hereby approved by the Planning
Commission of the City of Cupertino; and
BE IT FURTHER RESOLVED:
That the subconclusions upon which the findings specified in this Resolution are based are
contained in the public hearing record concerning Application V-2006-01, as set forth in the
Minutes of the Planning Commission Meeting of February 28 2006, and are incorporated by
reference as though fully set forth herein.
:2-0
Resolution No.
Page -2-
V-2006-01
February 28, 2006
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
V-2006-01
Jitka Cymbal Ging and Roger Low)
21988 McClellan Road
SECTION III: CONDITIONS OF APPROVAL
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers, Inc.,
dated January 2006, and consisting of two sheets labeled pages 1 and 2, except as may be
amended by the conditions contained in this resolution.
PASSED AND ADOPTED this 28th day of February, 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, Chair
Cupertino Planning Commission
G:IPlanningIPDREPOR TlRES\2006\V -2006-01.doc
,)-10
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
TM-2005-14
Jitka Cymbal
Jing and Roger Low
21988 McClellan Road
Agenda Date: January 24, 2006
Application Summary:
TENTATIVE MAP to subdivide a 21,803 square foot lot into two parcels (11,385 and
10,418 square feet in size) in a Rl-7.5 zoning district.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the tentative map, file
number TM-2005-14 in accordance with the model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Total Acreage (gross):
Net Acreage per parcel:
Density:
Low Density Residential, 1-5 DU / gr. acre
Rl-7.5
21,803 square feet
Lot 1- 9,766 sq. ft., Lot 2-10,418 sq. ft.
4 du/ gr. acre.
Environmental Assessment:
Yes, Policy 2-23
Yes
Categorically exempt.
Project Consistency with: General Plan:
Zoning:
BACKGROUND:
This application is continued from the Planning Commission meeting of January 10,
2006. The applicant was not present at that meeting, and the Planning Commissioners
expressed interest in two conventional lots instead of the proposed flag lot. The
Commissioners continued the item so that the applicant could address the lot
configuration.
Since two conventional lots would have lot widths that are less than 60 feet, as required
by the Rl ordinance, the applicant would need to apply for a variance to allow two 58
foot-wide lots. The application would need to be re-noticed for the variance. The
Planning Commission would need to make the variance findings, which are:
1. There are exceptional or extraordinary circumstances or conditions applying to
the property involved that do not apply generally to property in the same
district.
;2-11
TM-2005-14
Page 2
January 24, 2006
2. The granting of the application is necessary for the preservation and enjoyment
of substantial property rights of the applicant, and to prevent unreasonable
property loss or unnecessary hardship.
3. The granting of the application will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health,
safety, and general welfare, or convenience, and to secure the purpose of the title.
DISCUSSION:
There are two major discussion points for this subdivision: conformance with the
General Plan, since the applicant is proposing a flag lot, and tree removal and retention.
Following is a detailed discussion of each subject.
Zoning and General Plan Conformance:
Lot one (the flag lot) equals 11,385, but has a net lot area of 9,766 since the panhandle
portion of the lot (driveway) is not counted in the net area calculation and lot two
equals 10,418 net square feet. Since both proposed lots have net areas greater than the
7,500 square feet required for the Rl-7.5 zoning district, the subdivision is consistent
with the zoning. The residential density at 4 d.u'¡ gross acre is also consistent with the
general plan land use designation (Low Density Residential, 1-5 DU / gr. Acre).
In the recently adopted General Plan, Policy 2-23 was added to address neighborhood
compatibility. Specifically, the policy ensures "that zoning, subdivision and lot line
adjustment requests consider the need to preserve neighborhood lot patterns." It also
specifically addresses the subject of flag lots by allowing the creation of "flag lots in
proposed subdivisions when they are the only reasonable alternative that integrates
with the lot pattern in the neighborhood."
Staff believes that in the case of this subdivision, since there is insufficient frontage to
subdivide the parcel into two conventional lots, the creation of a flag lot is a reasonable
alternative that integrates with the surrounding lot pattern. The adjacent lots to the
north and south are flag lots and there appears to be a clear pattern in this area of flag
lots. The clear pattern is demonstrated in the aerial below (subject parcel is highlighted
in yellow):
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TM-2005-14
Page 3
January 24, 2006
The Planning Commission may ask the applicant to file for a variance, in order to
consider two conventional lots. The rationale for a variance would be: to conform to the
intent of Policy 2-23 of the General Plan, cited previously; the fact that the lots would
closely approximate the minimum foot width; and the fact that the lots would have
frontages on two streets, allowing for the separation of the driveways.
Staff is interested in having the option of addressing the irregularity of the right-of-way
in front of the property, which shows as an indentation on the north side of the front
property line (see arrow above). A condition of approval has been added to determine
if the right-of-way should be abandoned to create a smoother property-line transition,
as determined by the Director of Public Works.
Tree Removal and Retention:
Nine trees are located on the subject property, three of which are significant and two
that are protected under the Cupertino Municipal Code. The City's consulting arborist,
Barrie D. Coate and Associates conducted a tree survey of the property in October 2005
(see summary below and enclosures). Mr. Coate recommends that the coast live oak
tree, located near the existing garage at the rear of the property, and the large deodar
cedar, shown on the site plan as a pine tree near Madrid Road, be protected. He has
provided detailed instructions on how to protect the coast live oak and the deodar
cedar. As a condition of approval, staff is requiring a tree protection bond and
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TM-2005-14
Page 4
January 24, 2006
requiring that the applicant enter into an agreement with a licensed arborist to ensure
compliance with Mr. Coate's recommendations.
Additionally, Mr. Coate recommends staff consider retaining a silk tree along the
northern property for screening purposes. Staff is recommending that the tree be
retained as a condition of the tentative map approval and that the retention be reviewed
again at the building permit stage. The Director of Community Development shall
make the final decision on the retention of the tree since it is not a protected species and
would be retained only for privacy screening. Finally, although the applicant shows
they are planning to retain an elm tree, Mr. Coate recommends removal due to decay
and a hollow trunk.
Tree # and Type Condition Recommendation Notes
(Refer to Arborist
Report)
#1 Coast Live Oak Fair Retain Extremely healthy oak specimen, but its
structure makes it highly vulnerable to
limb breakage. As a condition of
approval, the applicant will be required
to follow the recommendations of the
consulting arborist to preserve the tree
and ensure healthy retention.
#2 Siberian Elm Poor Remove Tree has been stub cut in the past and
major decay has resulted. Trunk is
hollow due to an old wound.
Consulting arborist recommends
removal of the tree due to the current
state of health.
#3 California Date Palm Excellent May be retained, Not a significant species, tree can easily
removed or be transplanted or removed at
transplanted. applicant's discretion.
#4 Deodar Cedar Excellent Retain Fine specimen of Deodar Cedar that has
been overgrown with English Ivy. Ivy
needs to be removed to preserve tree.
Arborist also makes further
recommendations for protecting and
preserving. As a condition of approval
the applicant will need to follow these
recommendations.
#5 Silk Tree Excellent May be retained or Not a significant species, mostly
removed. ornamental tree.
Tree # and Type Condition Recommendation Notes
(Refer to Arborist
Report)
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TM-2005-14
Page 5
. January 24, 2006
#6 Silk Tree Fair May be retained or Not a significant species, mostly
removed. ornamental tree.
#7 Silk Tree Fair May be retained or Not a significant species, mostly
removed. ornamental tree.
#8 Eugenia Excellent May be retained or Not a protected species.
removed.
#9 Silk Tree Excellent May be removed or Not a significant species, mostly
retained. ornamental tree. However, serves as
privacy screening between subject
property and the adjacent property to
the north. As a part of the tentative
map application, staff is recommending
the tree be retained. At the building
permit stage, staff will evaluate whether
it is feasible to retain the tree and the
Director of Community Development
will make the final decision.
Prepared by: Gary Chao, Associate Planner ~---L
Approved by: Steve Piasecki, Director of Community Developmen~
Enclosures: Model Resolution for TM-2005-14
Plan Set
Exhibit A: Tree Survey & Arborist Report
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,:J-15
TM-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 21,803 SQUARE FOOT LOT
INTO TWO PARCELS, 11,385 SQUARE FEET AND 10,418 SQUARE FEET
RESPECTIVELY AT 21988 MCCLELLAN ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2005-14
Jitka Cymbal (Low residence)
21988 McClellan 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.
.;l-I/P
Resolution No.
Page 2
TM-2005-l4
January 24,2006
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application TM-2005-14 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-2005-14, as set forth in the Minutes of Planning Commission Meeting of
January 24, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers,
Inc., dated November 2005, and consisting of two sheets labeled pages 1 and 2,
except as may be amended by the conditions contained in this resolution.
2. DEMOLITION
The applicant is required to demolish existing structures in accordance with City
demolition procedures.
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 of the Coast Live Oak,
Deodar Cedar and the Silk tree identified as #9 in the consulting arborist report
dated October 24, 2005, notifying future property owners of the kinds and numbers
of trees protected by City Ordinance and the requirement for a tree removal permit
for these trees. The covenant shall be reviewed and approved by the City Attorney.
All protected trees on site shall be fenced off during construction, watered on a
regular basis and no trenching shall be done within 6' of the tree trunks.
In the event that any' trees need to be relocated or removed due to required
improvements, a tree removal application may be made to the Director of
Community Development.
4. TREE PROTECTION BOND
The applicant, prior to approval of the final map and building permit approval, shall
provide a tree protection bond in the amount of $30,000 to ensure protection of
existing trees on the site. The bond shall be returned after completion of
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Resolution No.
Page 3
TM-2005-l4
January 24,2006
construction, subject to a letter from the City arborist indicating that the trees are in
good condition.
5. TREE PROTECTION STANDARDS
The applicant shall enter into an agreement with a licensed arborist to oversee the
protection of the three aforementioned trees during construction on the property.
The agreement with the arborist shall reference the recommendations for protection
of the aforementioned trees as presented by Barrie D. Coate and Associates in the
arborist report dated October 24, 2005.
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.
7. RIGHT -OF-WAY -ALIGNMENT
The irregularity of the right-of-way in front of the property shall be evaluated and
portions abandoned if determined by the Director of Public Works that a smoother
transition of property lines is achieved.
SECTION IV. CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
DEPARTMENT
8. STREET WIDENING
Street widening, improvements and dedications shall be provided in accordance
with City Standards and specifications and as required by the City Engineer.
9. 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.
10. 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.
11. FIRE HYDRANT
Fire hydrants shall be located as required by the City, San Jose Water Company and
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Resolution No.
Page 4
TM-2005-14
January 24, 2006
Santa Clara County Fire.
12. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
13. 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.
14. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. 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.
Pre and Post storm drain calculations are required
15. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
and Santa Clara County Fire, as needed.
16. 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.
17. 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:
$ 5% of Off-Site Improvement Cost or $2,785.00 min.
$ 6% of Site Improvement Cost or $2,000.00 min.
$ 2,000.00
$ 640.71
Not Required
$ 3,250.00
$ 15,750.00
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Resolution No.
Page 5
TM-2005-l4 .
January 24,2006
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.
18. TRANSFORMER
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.
19. 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.
20. 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.
21. DRIVEWAY EASEMENT
The developers of both Lots 1&2 must submit a signed agreement approved by the
City, which sets aside a driveway easement along their adjoining properties.
-----------------------------------------------------------------------------
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PASSED AND ADOPTED this 24th day of January 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:
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Resolution No.
Page 6
TM-2005-l4
January 24, 2006
Steve Piasecki
Director of Community Development
E:\Plarming\PDREPORT\RES\2005\ TM-2005-14 res.doc
Marty Miller, Chairperson
Cupertino Planning Commission
~-.21
BARRIE D. COAh
and ASSOCIATES
Horticutural Consultants
23535 Summit Road
Los Gatos. CA 95033
408/35:\-1 052
EXHIBIT A
I . NaV 3 0 2005 !
BY: I
-----_._.~---
RECOMMENDATIONS FOR TREE PROTECTION DURING DEMOLITION AND
CONSTRUCTION AT THE LEE PROPERTY, 21988 MCCLELLAN ROAD,
CUPERTINO
'.
Prepared at the Request of:
Piu Ghosh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Site Visit by:
Barrie D. Coate
Consulting Arborist
October 24, 2005
Job #10-05-229
.
ß;¡ - J:;J.
RECOMMENDATIONS FOR TREE PROTb..IlON DURING DEMOlITION AND CONSTRUCTION ATTtlE L ROPERTY
21988 MCCLELLAN RDAD. CUPERTINO
Assignment
Mrs. Ghosh asked me to prepare an analysis of the trees at this property in order to
protect them ITom upcoming demolition and proposed construction activity.
Summary
The site currently is occupied by a home and two small axillary structures which I
presume will all be demolished.
There are only three significant trees on the property, trees # 1, 2, and 4 which are a
vigorous healthy coast live oak, a Siberian elm with a very poor structure, and a fine
specimen of deodar cedar.
The plan 1 reviewed for this project is titled sheet AI prepared by H.M.C. Associates,
LLP, undated.
This plan shows only one of the trees on the property to be preserved, tree #1, the large
coast live oak.
The deodar cedar tree #4 is a species protected by City Ordinance and is a fine specimen
at the margin of the property.
Observations
There are nine trees on the property only three of which are significant and only two of
those are protected by City Ordinance.
The two protected trees are trees #1 and #4, a coast live oak and a large deodar cedar.
.
The third significant tree is a Siberian elm (Ulmus pumila) a species which is usually
considered of poor quality since it is very brittle and subject to breakage.
.
The trees #5-9 are Silk trees (Albizziajulibrissin).
Trees 5-7 are seen on the Madrid Road ITontage and tree #9 another Albizzia is seen on
the north property line.
Tree #8 is Eugenia (Syzygium paniculatum) tree on the property line at the southwest
corner of the property.
Recommendations
1. This coast live oak is extremely healthy but its structure makes it higWy vulnerable to
major limb breakage.
1 suggest that:
a. The horizontal l2-inch diameter limb which is directed east ITom the point at
which it joins the main trunk at 7 feet above grade be removed entirely.
PREPARED BY: BARRIE D. COATE. CONSULTING ARBORIST
OCTOBER 24. 2005
.;1-:23
RECOMMENDATIONS FOR TREE PROTE~, ,ÙN DURING DEMOLITION AND CONSTRUCTION AT THE U .OPERTY
21968 MCCLELLAN ROAD. CUPERTINO
2
This will leave a well-balanced crown above it without leaving the high potential
for limb breakage that this limb presents.
b. Have all deadwood removed trom the tree.
c. Have a cable installed between the two remaining main trunks to prevent the
included bark site seen at 2 feet above grade resulting in half of the tree splitting
apart.
d. The tree is fairly heavily infested with Ehrhorn scale.
I suggest that it be sprayed this winter with a combination emulsifiable oil and an
insecticide to begin control of that insect/disease combination.
e. I suggest endweight reduction by drop crotch pruning procedures by an lSA
certified arborist from the western and northern portions of the canopy to prevent
limb drop in the next few years.
f. Where necessary the lowest hanging branches of 3 inch diameter or smaller could
be removed but branches any larger than that should not be removed without
consultation with a certified arborist.
2. Tree #2 is Siberian elm
The tree has been stub cut in the past at multiple heights including 12 feet, 15 feet,
and 20 feet.
The result is major decay sites at each of these stub-cutting locations.
.
Note that the trunk is hollow due to an old wound.
1 would suggest that removal ~fthis tree would not be significant.
3. Tree #3, a California fan palm, is not significant and since this species is easily
transplanted the tree could either be demolished or transplanted at the desire of the
owner, in my opinion.
4. Tree #4 is a fine deodar cedar which is unfortunately overgrown with English ivy.
a. I suggest the ivy be removed and that the tree certainly be preserved.
b. The canopy is composed of very long limbs and it would be wise to have a
knowledgeable arborist do drop crotch pruning of the longest limbs to prevent
limb breakage in the future but the tree should not have all of the interior branches
stripped out which is commonly done since that merely exacerbates the likelihood
of limb breakage. '
PREPARED BY: BARRIE D. COATE. CONSULTING ARBORIST
OCTOBER 24. 200S
,J-;l'-/-
RECOMMENDATIONS FOR TREE PRm cv nON DURING DEMOLITION AND CONSTRUCTION AT THE 'ROPERTY
21988 MCCLELlAN ROAD. CUPERTINO
3
c. A 6 foot chain link fence mounted on 2 inch galvanized pipe posts driven at least
2 feet in the ground must be installed in the locations shown on the enclosed plan
section before any construction or demolition equipmehf arrives on site.
d. I recommend that existing pavement be left in place until all demolition and as
much building construction, as possible is completed.
e. When existing pavement is to be removed, it must be broken up and the pieces
hand loaded into a skip loader backing over unbroken sections of pavement.
5. Trees #5, 6, 7 are in Madrid Road frontage and this area may experience road
widening which would remove those but those trees are not protected by City
Ordinance in any case.
6. Tree #9 serves an important screen between this property and those to the north and I
suggest an effort be made to Save that tree for that purpose.
7. Tree #8 the Eugenia tree in the comer is of no significance and is not protected by
City Ordinance.
Construction Impact
The proposed construction design would cause potential damage to trees #1 and 4 if they
are retained.
Tree #1
1. The proposed walkway which would travel beneath the canopy of this tree could be
installed if:
a': No compaction is done in the area which will be occupied by the walkway before
installation.
b. If the walkway is installed on top of the existing grade.
c. No wheeled equipment is allowed into the area during the construction of that
walkway.
d. If the base rock is material which drains at least :y.," per hour to provide oxygen
and moisture in the area beneath the paving.
2. The driveway shown beneath the canopy of this tree would cause severe damage to
the root system if it were installed as driveways are usually installed by excavation of
9 to 12 inches of surface soil.
a. If this driveway can be installed on top of existing grade and the base material is
of pervious texture that passes at least :y.," of water per hour, (not standard
construction road base material) and the pavement surface is of a material that
passes water rapidly as well, this driveway could be installed as shown.
PREPARED BY: BARRIE D. COA TE. CONSULTING ARBORIST
OCTOBER 24, 2005
J-:;¿5
RECOMMENDATIONS FOR TREE PROTECTION DURING DEMOLITION AND CONSTRUCTION AT THE LE:t' PROPERTY
21988 MCCLELLAN ROAD. CUPERTINO
4
Be aware that no equipment may be allowed in the area in which that drive is to
be installed before installation of the road.
It must be leveled by hand tools.
If this pervious paving approach is not acceptable to City Engineers, I suggest that
concrete be poured over the undisturbed base material with sufficient rebar in it to
support it without 95% compaction before installation.
If impervious paving is used, the newly installed portion of the driveway which
would be beneath the canopy however must have perforated areas down to
original soil grade in at least 10% of its surface.
These may be take the fonn of 2 to 4 inch wide strips in which strip drains are
installed or stripes cut through the paving with bricks set into them.
3. Tree #4
I suggest a construction period fence be erected as shown on the plan before any
equipment arrives on scene.
Signs that enclosed should be mounted on IO-foot intervals along the top of the fence
to prevent sub contractors ITom tearing the fence down.
Inspections
I suggest that arborists inspections be scheduled after:
1. Protected fences are installed but before demolition begins.
2. After demolition is completed.
<
3. During the installation of the driveway and the walkway shown beneath tree # 1.
Respectfully submitted,
~LJ,~
Barrie D. Coate
BDC/sl
Enclosures: Tree Data Accumulation Chart
Tree Preservation Sign
Site Plan
Pictures
PREPARED BY: BARRIE D. COATE. CONSULTING ARBORIST
OCTOBER 24, 2005
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WA
ING
TREE PRESERVATION AREA
KEEP OUT
NOTICE: PROTECTIVE TREE FENCING IS
REQUIRED ON THIS JOB SITE.
ITS REMOVAL OR DAMAGE MAY RESULT
IN A FINE.
This card must be posted on the protective fencing on50 foot
centers for each protected tree on the job site, and remain up
.
during the entire construction period. Fencing may not be
removed without written permission of the Town Arborist.
During demolition and construction all reasonable steps
necessary to prevent damage, or the destruction of protected
trees is required. Failure to comply with all precautions may
result in a STOP WORK order being issued by the Town.
Call BoYyì~ Cocìtp nVlr! ASS(}(' ,
tf08·-:35J-/062.
for information
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·
RECOMMENDATIONS FOR TREE PROTECTION DURING DEMOLITION AND CONSTRUCTION ATTHE L c'ROPER1Y
21988 MCCLELLAN ROAD. CUPERTINO
..
PREPARED BY: BARRIE D. COATE. CONSULTING ARBORIST
¡+-
Photos 1 & 2 - Tree #1 from the west.
OCTOBER 24. 2005
J-3D
RECOMMENDATIONS FOR TREE PROH:" nON DURING DEMOLITION AND CONSTRUCTION AT THE l
21988 MCCLELLAN ROAD. CUPERTINO
ROPERTY
¡Photo 3 -I suggest the long horizontal limb be removed.
! Photo 4 - Ehrhom scale should be treated.
PREPARED BY: BARRIE D. COA TE. CONSULTING ARBORIST
OCTOBER 24. 2005
;}~3
RECOMMENDATIONS FOR TREE PROTECTION DURING DEMOLITION AND CONSTRUCTION AT THE <. .'ROPERTY
21988 MCCLELLAN ROAD. CUPERTINO
PREPARED BY: BARRIE D. COATE. CONSULTING ARBORIST
'1
.~.
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';t..~-'
:1'-
~¡
¡+-
Photos 5 & 6 - Tree #2 has many defects
from poor pruning.
OCTOBER 24. 2005
61-3~
RECOMMENDATIONS FOR TREE PRO I oCTION DURING DEMOLITION AND CONSTRUCTION ATTH~ . PROPERTY
21988 MCCLELLAN ROAD, CUPERTINO
PREPARED BY: BARRIE D. COATE. CONSUlTING ARBORIST
i PhotD 7 - It has a hollow trunk.
<- Photo 8 - Tree #14 is a fine Deodar
Cedar.
OCTOBER 24. 2005
,)-33
RECOMMENDATIONS FOR TREE PROTECTION DURING DEMOLITION AND CONSTRUCTION ATTHE _ _ PROPERTY
21988 MCCLELLAN ROAD. CUPERTINO
¡Photo 9 - Tree #5.
! Photo 10 - Trees #6, 7, 8.
,),
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>......-.
:;,:'
PREPARED BY: BARRIE D. COATE. CONSULTING ARBORIST
OCTOBER 24, 2005
,1-34
RECOMMENDATIONS FOR TREE PRO! "CTION DURING DEMOLITION AND CONSTRUCTION AT TH~ , PROPERTY
21988 MCCLELLAN ROAD, CUPERTINO
- -. --- ~--
Î Photo 11 - Tree #9.
.
.
PREPARED BY: BARRIE D. COATE. CONSULTING ARBOR 1ST
-".
~.".,'
i"~i~~
OCTOBER 24. 2005
,2-35
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
TM-2005-14
Jitka Cymbal
Jing and Roger Low
21988 McClellan Road
Agenda Date: January 10, 2006
Application Summary:
TENTATIVE MAP to subdivide a 21,803 square foot lot into two parcels (11,385 and
10,418 square feet in size) in a Rl-7.5 zoning district.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the tentative map, file
number TM-2005-14 in accordance with the model resolution.
Project Data:
General Plan Designation:
Zoning Designation:
Total Acreage (gross):
Net Acreage per parcel:
Density:
Low Density Residential, 1-5 DU / gr. acre
Rl-7.5
21,803 square feet
Lot 1- 9,766 sq. ft., Lot 2-10,418 sq. ft.
4 du/gr. acre.
Project Consistency with: General Plan:
Zoning:
Yes, Policy 2-23
Yes
Categorically exempt.
Environmental Assessment:
BACKGROUND:
The project site is located on the northeast corner of McClellan and Madrid Roads. A
main residence, a second unit, and a detached garage currently exist on the unimproved
parcel. Single-family residential parcels surround the subject parcel.
DISCUSSION:
There are two major discussion points for this subdivision: conformance with the
General Plan, since the applicant is proposing a flag lot, and tree removal and retention.
Following is a detailed discussion of each subject.
Zoning and General Plan Conformance:
Lot one (the flag lot) equals 11,385, but has a net lot area of 9,766 since the panhandle
portion of the lot (driveway) is not counted in the net area calculation and lot two
equals 10,418 net square feet. Since both proposed lots have net areas greater than the
7,500 square feet required for the Rl-7.5 zoning district, the subdivision is consistent
,;)-3/,
TM-2005-14
Page 2
January 10, 2006
with the zoning. The residential density at 4 d.u./ gross acre is also consistent with the
general plan land use designation (Low Density Residential, 1-5 DU / gr. Acre).
In the recently adopted General Plan, Policy 2-23 was added to address neighborhood
compatibility. Specifically, the policy ensures "that zoning, subdivision and lot line
adjustment requests consider the need to preserve neighborhood lot patterns." It also
specifically addresses the subject of flag lots by allowing the creation of "flag lots in
proposed subdivisions when they are the only reasonable alternative that integrates
with the lot pattern in the neighborhood."
Staff believes that in the case of this subdivision, since there is insufficient frontage to
subdivide the parcel into two conventional lots, the creation of a flag lot is the only
reasonable alternative that integrates with the surrounding lot pattern. The adjacent
lots to the north and south are flag lots and there appears to be a clear pattern in this
area of flag lots. The clear pattern is demonstrated in the aerial below (subject parcel is
highlighted in yellow):
Tree Removal and Retention:
Nine trees are located on the subject property, three of which are significant and two
that are protected under the Cupertino Municipal Code. The City's consulting arborist,
Barrie D. Coate and Associates conducted a tree survey of the property in October 2005
(see summary below and enclosures). Mr. Coate recommends that the coast live oak
G:IPlanningIPDREPOR1ìpcTMreportsI2005tmreportsITM-2005-14.doc
J-B1
TM-2005-14
Page 3
January 10, 2006
tree, located near the existing garage at the rear of the property, and the large deodar
cedar, shown on the site plan as a pine tree near Madrid Road, be protected. He has
provided detailed instructions on how to protect the coast live oak and the deodar
cedar. As a condition of approval, staff is requiring a tree protection bond and
requiring that the applicant enter into an agreement with a licensed arborist to ensure
compliance with Mr. Coate's recommendations.
Additionally, Mr. Coate recommends staff consider retaining a silk tree along the
northern property for screening purposes. Staff is recommending that the tree be
retained as a condition of the tentative map approval and that the retention be reviewed
again at the building permit stage. The Director of Community Development shall
make the final decision on the retention of the tree since it is not a protected species and
would be retained only for privacy screening. Finally, although the applicant shows
they are planning to retain an elm tree, Mr. Coate recommends removal due to decay
and a hollow trunk.
Tree # and Type Condition Recommendation Notes
(Refer to Arborist
Report)
#1 Coast Live Oak Fair Retain Extremely healthy oak specimen, but its
structure makes it highly vulnerable to
limb breakage. As a condition of
approval, the applicant will be required
to follow the recommendations of the
consulting arborist to preserve the tree
and ensure healthv retention.
#2 Siberian Elm Poor Remove Tree has been stub cut in the past and
major decay has resulted. Trunk is
hollow due to an old wound.
Consulting arborist recommends
removal of the tree due to the current
state of health.
#3 California Date Palm Excellent May be retained, Not a significant species, tree can easily
removed or be transplanted or removed at
transDlanted. aDDlicant's discretion.
#4 Deodar Cedar Excellent Retain Fine specimen of Deodar Cedar that has
been overgrown with English Ivy. Ivy
needs to be removed to preserve tree.
Arborist also makes further
recommendations for protecting and
preserving. As a condition of approval
the applicant will need to follow these
recommendations.
#5 Silk Tree Excellent May be retained or Not a significant species, mostly
removed. ornamental tree.
G: IPlanninglPDREPORl1pcTMreports\2005tmreports \ TM-2005- I 4.doc
d-3B
TM-2005-14
Page 4
January 10, 2006
Tree # and Type Condition Recommendation Notes
(Refer to Arborist
Report)
#6 Silk Tree Fair May be retained or Not a significant species, mostly
removed. ornamental tree.
#7 Silk Tree Fair May be retained or Not a significant species, mostly
removed. ornamental tree.
#8 Eugenia Excellent May be retained or Not a protected species.
removed.
#9 Silk Tree Excellent May be removed or Not a significant species, mostly
retained. ornamental tree. However, serves as
privacy screening between subject
property and the adjacent property to
the north. As a part of the tentative
map application, staff is recommending
the tree be retained. At the building
permit stage, staff will evaluate whether
it is feasible to retain the tree and the
Director of Community Development
will make the final decision.
Prepared by: Gary Chao, Associate Planner ~
Approved by: Steve Piasecki, Director of Community Developme~
Enclosures: Model Resolution for TM-2005-14
Plan Set
Exhibit A: Tree Survey & Arborist Report
G: IPlanninglPDREPOR11pcTMreports \2005tmreportsITM-2005-14. doc
J-3q
TM-2005-14
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A TENTATIVE MAP TO SUBDIVIDE A 21,803 SQUARE FOOE LOT
INTO TWO PARCELS, 9,766 SQUARE FEET AND 10,413 SQUARE FEET
RESPECTIVELY AT 21988 MCCLELLAN ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2005-14
Jitka Cymbal (Low residence)
21988 McClellan 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.
,J..-t/Ð
Resolution No.
Page 2
TM-2005-l4
January 10, 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-2005-14 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-2005-14, as set forth in the Minutes of Planning Commission Meeting of
January 10, 2006, and are incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approved is based on the tentative map entitled "TENTATIVE MAP, LANDS OF
DANNY LEE, 21988 MC CLELLAN ROAD, CUPERTINO" by Westfall Engineers,
Inc., dated November 2005, and consisting of two sheets labeled pages 1 and 2,
except as may be amended by the conditions contained in this resolution.
2. DEMOLITION
The applicant is required to demolish existing structures in accordance with City
demolition procedures.
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 of the Coast Live Oak,
Deodar Cedar and the Silk tree identified as #9 in the consulting arborist report
dated October 24, 2005, notifying future property owners of the kinds and numbers
of trees protected by City Ordinance and the requirement for a tree removal permit
for these trees. The covenant shall be reviewed and approved by the City Attorney.
All protected trees on site shall be fenced off during construction, watered on a
regular basis and no trenching shall be done within 6' of the tree trunks.
In the event that any trees need to be relocated or removed due to required
improvements, a tree removal application may be made to the Director of
Community Development.
4. TREE PROTECTION BOND
The applicant, prior to approval of the final map and building permit approval, shall
provide a tree protection bond in the amount of $30,000 to ensure protection of
existing trees on the site. The bond shall be returned after completion of
G:\Plarnring\PDREPORT\RES\200S\ TM-200S-14 res.doc
~-41
Resolution No.
Page 3
TM-2005-l4
January 10,2006
construction, subject to a letter from the City arborist indicating that the trees are in
good condition.
5. TREE PROTECTION STANDARDS
The applicant shall enter into an agreement with a licensed arborist to oversee the
protection of the three aforementioned trees during construction on the property.
The agreement with the arborist shall reference the recommendations for protection
of the aforementioned trees as presented by Barrie D. Coate and Associates in the
arborist report dated October 24, 2005.
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. STREET WIDENING
Street widening, improvements 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, San Jose Water Company and
Santa Clara County Fire.
11. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
G:\Planning\PDREPORT\ RES\2005\ TM-2005-14 res.doc
eJ-c.¡ J
Resolution No.
Page 4
TM-2005-l4
January 10, 2006
12. 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.
13. DRAINAGE
Drainage shall be provided to the satisfaction of the City Engineer. 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.
Pre and Post storm drain calculations are required
14. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City
and Santa Clara County Fire, as needed.
15. 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.
16. 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 Tree
$ 5% of Off-Site Improvement Cost or $2,785.00 min.
$ 6% of Site Improvement Cost or $2,000.00 min.
$ 2,000.00
$ 640.71
Not Required
$ 3,250.00
$ 15,750.00
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.
G:\Planning\PDREPORT\RFS\2005\ TM-2005-14 res.doc
J -13
Resolution No.
Page 5
TM-2005-14
January 10,2006
-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.
17. TRANSFORMER
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.
18. 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.
19. 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.
20. DRIVEWAY EASEMENT
The developers of both Lots 1&2 must submit a signed agreement approved by the
City, which sets aside a driveway easement along their adjoining properties.
-----------------------------------------------------------------------------
-----------------------------------------------------------------------------
PASSED AND ADOPTED this 10th day of January 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
G:\P1anning\PDREPORT\ RES\2005\ TM-2005-14 res.doc
Gilbert Wong, Chairperson
Cupertino Planning Commission
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TENTATIVE MAP
LANDS OF DANNY LEE
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