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01 TM-2006-01 Roger Higdon CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: Applicant: Property Owner: Property Location: TM-2006-01 Agenda Date: March 14, 2006 Roger Higdon Irene Jauch 10760 S. Stelling Road, APN 359-22-062 Application Summary: TENTATIVE MAP to subdivide a 1.84 acre parcel into one 0.92 acre parcel and one 0.92 acre remainder parcel in a RI-6 zoning district. RECOMMENDATION: Staff recommends that the Planning Commission approve the tentative map, file number TM-2006-01, 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 j gross acre) RI-6 (minimum of 6,000 sq. ft. per parcel) 1.84 acres Lot 1: 0.92 acre; remainder lot: 0.92 acre (40,075 square feet each) 0.54 duj gr.. acre 1.08 duj gr. acre (no development proposed) Project Consistency with: General Plan: Zoning: Environmental Assessment: Yes Yes Categorically exempt. BACKGROUND: The 1.84-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 orchard variety fruit trees or part of a remnant 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-2006-01 Page 2 March 14, 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 ß, 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/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 Developmen'C::S~ Enclosures: Model Resolution Exhibit A: Letter from property owner dated February 15, 2006 Plan Set G: Plannmg/PDREPORT / pcTMreports/2006tmreports G: \Planning\P DREPOR Tlpc TMreports 12006tmreports ITM-2006-0 1. doc I-~ 1:.. " rtì'ó I I ' rr February IS, 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. Sincerely, ~~. Irene Jauch 10760 South Stelling Road Cupertino, CA 95014 1-3 TM-2006-01 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 1.84-ACRE PARCEL INTO ONE 0.92-ACRE PARCEL AND A 0.92-ACRE REMAINDER PARCEL AT 10760 SOUTH STELLING ROAD SECTION I: PROTECT DESCRIPTION Application No.: Applicant: Location: TM-2006-01 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 rnet 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. I-tf Resolution No. Page 2 TM-2006-01 March 15,2006 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the application TM-2006-01 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-2006-01, as set forth in the Minutes of Planning Commission Meeting of March 14, 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 Jauchffentative Parcel Map/ 10760 S. Stelling Road! Cupertino, California" consisting of one sheet and dated as received on Jan. 10, 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 deciduous, fruit-bearing 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. 1-5 Resolution No. Page 3 TM-2006-01 March IS, 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 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 Traffic control signs shall be placed at loc'ations 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/ 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-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 storrn 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. Ho Resolution No. Page 4 TM-2006-01 March 15,2006 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: $ 2,373.60 e. Power Cost: N/ 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 equiprnent is not visible frorn 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 agreernent 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 1-7 Resolution No. Page 5 TM-2006-01 March 15,2006 shall be included in your grading and street irnprovement plans. Erosion and or sediment control plan shall be provided. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDmONS (Section 66474.18 of the California Government Code) 1 hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conforrn to generally accepted engineering practices / sf Ralph Qualls Ralph Qualls, Director of Public Works City Engineer CA License 22046 --------------------------------------------------------------- --------------------------------------------------------------- PASSED AND ADOPTED this 15th day of March 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/pdreportfres(TM-2006-01 res. doc J-ß KIRWIN LANE TRACT/fO.2.JJ5 l1()OKI05~PS<IC 7610 " t! . ! I , ! î ~ · ~ A Ii I · ~ ~ ~ ~ ~ ~ ~ ~ · I I o 'Ë ~ 8 ! Ii 'I h~ ¡ ~ ¡ ,~ . ;I! S ! I b ~ ! ,,-0 « « ~o ::J: '" U ;;) -," « .... z ""') U:J "'-' .... «.... o "-.... en en .... o > . z ¡:: V1 .. «0 -' .... 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