25. Tentative MapOFFICE OF COMMUNITY DEVELOPMENT
I
Eli I CITY HALL
I
] 0300 TORRE AVENUE • CL PERTINO, CA 95014-3255
C U P E RT I N O (408) 777 -3308 • FAX (408) 777 -3333 • planning?; � U oer ino-org
CITY COUNCIL STAFF REPORT
Agenda Item No. a5'�
APPLICATION SUMMARY
Agenda Date: April 6, 2010
Consider a Tentative Map to subdivide an approximately 41,800 square foot parcel into
five parcels ranging from 6,461 to 8,890 square feet, Application No. TM- 2010 -01, Donna
Vingo (Russell Marshall Trustee), 790 South Blaney Avenue APN 369 -11 -048.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the project per
the model resolution with the following additional condition:
• The Public Works Department shall work with the applicant to preserve trees in the
right -of —way dedication area to the maximum extent possible.
BACKGROUND
Site Description
The subject property is located at the northeast
Clifford Drive surrounded by single -
family homes. Currently the site ..
consists of a single- family home, a
detached garage and a shed located at
the eastern corner of the property.
The home is currently accessed by a
circular driveway along South Blaney
Avenue that leads to the residence
and to the detached garage.
The existing home that is currently on
the site was reviewed by the Historic
Research Committee in 1997, and the
report concluded that due to the
amount of modifications and
.4
corner of South Blaney Avenue and
TM- 2010 -01
Donna Vingo (Russell Marshall Trustee) April 6, 2010
Page 2
additions to the original structure, and the limited historical impact by the various
families who have lived on the site, the home was not historically significant. The
house is also not included on the City's General Plan Historic Resources List. All of the
existing structures are proposed to be demolished prior to the recordation of the final
map.
Zoning and General Plan Conformance
The subject site is located in a R1 -6 zoning district with minimum lot size of 6,000
square feet. The applicant is proposing to subdivide the existing 41,800 square foot
parcel into five single- family residential lots, ranging from 6,461 to 8,890 in size. The
proposed project is consistent with the General Plan and the R1 Ordinance. Please refer
to the March 9, 2010 Planning Commission staff report for additional project details.
DISCUSSION
Planning Commission
On March 9, 2010, the P1anriing Commission recommended with a 4 -0 -1 vote
(Coirunissioner Miller abstained) to approve the project. The Commissioner's
continents are summarized as follows:
• The Commissioners requested that the applicant work with the Public Works
Department on the frontage improvement design to preserve as many existing
mature trees as possible. Consider meandering sidewalks as an alternative design to
minimize the removal of mature trees along the property boundary. A condition has
been added requiring further efforts to be made to minimize tree removal resulting
from the public improvements of the pro, ect.
The Commissioners requested that the applicant recycle and/or donate materials
from the existing residence. Condition 4 encourages recycling of the existing
building materials.
The Commissioners discussed the Design Review Process, and that the future
residences should complement the neighborhood, include individual architecture
and design elements, and that the materials are of high quality. Condition 3 requires
the residences closely resemble the conceptual rendering in architectural design and
quality of material. Future design revie�T x also ensure that all of the new home
are designed to complement the surrounding residential neighborhood.
e The Conunissioners discussed the i:.nportance of including green features
throughout the project. Currently, single - family residential projects are not required
to include green features. The applicant l said that they have reviewed the Build It
Green checklist, and are prepared to discuss at Council vThere they intend to meet
the green building objectives of the Guid
25 -2
TM- 2010 -01 Donna Virago (Russell Marshall Trustee) April 6, 2010
Page 3
Public Comments
Several neighboring property owners and residents were in attendance of the
Commission hearing and expressed the following comments (staff responses are provided
in italics):
• Concern that the proposed lot sizes were smaller than adjacent parcels - According to
the R1 -6 zoning district, minimum lot size for the project is 6,000 square feet. The project
proposes five lots ranging from 6,461 square feet to 8,890 square feet in size. Tile average lot
size of the neighborhood is between 5,227 to 12,197 square feet. The project is consistent
with the R1 Ordinance and compatible with the general lot size /pattern of the neighborhood.
• Concerns about privacy from future two -story residences - The project is subject to the
R1 Ordinance privacy landscaping regulations. All two -story (side and rear facing) windows
With sill heights below five feet will be required to provide privacy plantings consistent with
the R1 Ordinance. In addition, per thy? City's current policy, the preservation and
maintenance of the required privacy plantings shall be recorded on the property as a
covenant.
• Concerns that grading of the site will cause run -off onto adjacent parcels - Prior to
issuance of building permits, final grading and drainage design will be required and
approved by the Public Works Department. The property is required to drain away from
neighboring properties. In addition, staff is not anticipating any special drainage concerns
or requirements given that the property site ,�s relatively flat in topography.
• Concerns that the existing house on the project site is historic and that any
significant historic elements and/or building materials should be salvaged and
donated - The existing home on the site was reviewed by the Historic Research Committee
in 1997, and the report concluded that due to the amount of modifications and additions to
the original structure, and the limited histgrical impact by the various families who have
lived on the site, the home was"not historically significant. The house has been remodeled
and added on over the years and is currentli,' not on may historic inventory. The applicant is
encouraged as a condition to recycle or reuse appropriate existing building materials if
feasible.
• Concerns that the future home designs will not be compatible with the surrounding
neighborhood - The applicant has agreed to a condition that requires design revie7o
approval for all five homes prior to recordat;'on of the final ivap, The applicant has provided
architectural concepts for Lot 1 in order represent the level of design quality anticipated for
the future residences (see Color Rendering ill attached plan set), Future design review i(411
ensure that all of the new homes are Toell- designed with quality materials and architectural
style /details that will complement the surrounding residential neighbor -hood.
Environmental Review
The project is Categorically Exempt: CEQ A Section 15332, in-Fill Development Projects
25 -3
TM- 2010 -01 Donna Vingo (Russell Marshall Trustee) April 6, 2010
Page 4
Prepared by: Leslie Gross, Assistant Planner
Reviewed by: Gary Chao, City Planner
Reviewed by:
Aarti Shrivastava
Community Development Director
ATTACHMENTS
Attaclunent A
Attachment B
Attachment C
Attachment D
Attaclunent E
Approved by:
David W. Knapp
City Manager
Cupertino Sanitary District corrunents
Planning Commission Resolution No. 6585
Planning Commission Staff Report dated March 9, 2010
Draft Planning Commission March 9, 2010 meeting minutes
Plan Set
G \ Planriiiig\ PDREPORT� CC\ 2010\ TA 2010 -01_CC 04- 06- 10.doc
25 -4
Attachment A
DISTRICT MANAGER - ENGINEER
MARK THOMAS & COMPANY, INC.
RICHARD K. TANAKA
DISTRICT COUNSEL
ATKINSON • FARASYN, LLP.
HAROLD S. TOPPEL
A SANllr%,
Fs/419 I S H ED 'S°
BOARD OF DIRECTORS
WILLIAM A. BOSWORTH
JOHN M. GATTO
CURTIS S. HARRISON
WENDELL H. KERR, JR.
CHRISTOPHER C. LEE
February 11, 2010
20833 STEVENS CREEK BOULEVARD, SUITE 104
CUPERTINO, CALIFORNIA 95014.2154
(408) 253 -7071 PHONE: • (408) 253 -5173 FAX
www. cupertinos� com
File: CSD — MOPO
Planning Department- Cupertino
Leslie Gross
Community Development Department - Planning
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
Subject: Tentative Map to subdivide an approximately 41,800 square feet lot into five
parcels ranging fi 6,400 to 8,800 square feet.
Name: Russell Marshall Trustee (Donna Vingo)
Address: 790 S. Blaney Avenue
APN: 369 -11 -048
Planning Application No: TM- 2010 -01
Dear Ms. Gross:
The Cupertino Sanitary District has reviewed th tentative map and has the following comments:
• Sanitary sewer service can be provided to the proposed parcels via S. Blaney Avenue and
Clifford Drive. There is one existing lateral connection for the entire parcel on Clifford
Drive.
® It is anticipated additional Cupertino Sanitary District Fees and Permits shall be required
for the proposed development.
e Improvement plans for the subject project shall be reviewed by the District.
SUPPLYING SA NITARY SEVNERAGE SERVICES FOR: CITY OF CUPERTINO, PORTIONS OF THE CITIES OF SARATOGA, SUNNYVkL E, Los ALTOS AND
25 -5
Page 2
Subject: Tentative Map to subdivide an approximately 41,800 square feet lot into five
parcels ranging from 6,400 to 8,800 square feet.
Name: Russell Marshall Trustee (Donna Vingo)
Address: 790 S. Blaney Avenue
APN: 369 -11 -048
Planning Application No: TM- 2010 -01
Please feel free to contact Nichol Bowersox at (408) 253 -7071 if you have any questions or
concerns.
Yours very truly,
MARK THOMAS & COMPANY, INC.
District Manager - Engineer
for Richard K. Tanaka
SUPPLYING SANITARY SEWERAGE SERVICES FOP.: CITY OF CUPERTINO, PORTIONS OF THE CITIES OF SARATOCA, SUNNYVALE, LOS ALTOS AIJD
SURROUNDING UNINCORPOP.ATEDAREAS
25 -6
Attachment B
TM- 2010 -01
CITY OF C'UPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6585
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL TO CITY COUNCIL OF A TENTATIVE PARCEL MAP TO
SUBDIVIDE AN APPROXIMATELY 47,025 SQUARE FOOT PARCEL INTO FIVE PARCELS
RANGING FROM 6,461 to 8,890 SQUARE, FEET AT 790 SOUTH BLANEY AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Tentative Parcel Map, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
has satisfied the following requirements:
1) That the proposed subdivision map is consistent with the City of Cupertino General Plan.
2) That the design and improvements of the proposed subdivision are consistent with the
General Plan.
3) That the site is physically suitable for the type and intensity of development contemplated
under the approved subdivision.
4) That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and unavoidable injure fish and
wildlife or their habitat.
5) That the design of the subdivision or the ty.,)e of improvements associated there with is not
likely to cause serious public health problems.
6) That the design of the subdivision and its associated improvements will not conflict with
easements acquired by the public at large for access through or use of property within the
proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted
in this matter, the application for Tentative Parcel Map, file no. TM- 2010 -01, is hereby approved,
subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof;
and
That the sub conclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application No. TM- 2010 -01
as set forth in the Minutes of the Planning Commission Meeting of March 9, 2010, and are
incorporated by reference as though fully set forth herein.
25 -7
Resolution No. 6585 TM- 2010 -01 March 9, 2010
Page 2
SECTION II: PROTECT DESCRIPTION
Application No.: TM- 2010 -01
Applicant: Donna Vingo (Russell Marshall Trustee)
Location: 790 South Blaney Avenue
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on plan sets titled "Tentative Map, 790 S. Blaney Avenue, Cupertino,
California ", dated January 2010, consisting of four sheets labeled 1 through 3, a Proximity
Map, a Right -of -Way Dedication exhibit, and a color rendering showing potential new
home design, except as amended by the Conditions contained in this Resolution.
2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government
Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the
amount of such fees, and a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90 -day approval period in which you may protest
these fees, dedications, reservations, and other exactions, pursuant to Government Code
Section 66020(a), has begun. If you fail to file a protest within this 90 -day period
complying with all of the requirements of Section 66020, you will be legally barred from
later challenging such exactions. r
3. RESIDENTIAL DESIGN REVIEW
The applicant and /or owner shall obtain design review approvals from the City for all of
the proposed residential homes prior to recordation of the final map. Any proposed two -
story residence shall require site and architectural approval of a tWo -story residential
permit per Section 19.28 of the Single- Family Residential (RI) Zoning Ordinance. The
home on Lot 1 shall closely resemble the conceptual rendering u1 architectural design and
quality provided in the approved exhibits. In addition, the rest of the homes (Lots 2 - 5)
shall be consistent and compatible with the Lot 1.
4. DEMOLITION OF STRUCTURES
Prior to recordation of the fugal map, the applicant shall demolish and remove all structures
on the property. All demolished buildings and site materials shall be recycled to the
maximum extent feasible. The applicant shall provide evidence that materials will be
recycled prior to issuance of demolition permit.
5. TREE PROTECTION
This approval does not constitute any
removal/ preservation plan shall be submitted
approval of the home design. Further, Public
with the applicant to preserve as many of th e
improvement area.
tree removals. A detailed tree
for review and approval prior to the
Works Department is requested to work
trees as possible located in the public
6. HOUSING MITIGATION FEES
The project is subjected to the requirements of the City's Housing 1\/litigation Procedural
Manual. The final amount of in -lieu housing mitigation fees shall be paid prior to issuance
of building permits. The in -lieu fees shall be assessed by the City on a per square foot
basis (ilnclusive of garages) and be adjusted arulually using the Consumer Price Index.
25 -8
Resolution No. 6585 TM- 2010 -01 March 9, 2010
Page 3
7. CONSTRUCTION MANAGEMENT PLA
Final map improvement plans shall include a construction management plan detailing how
construction activities will be conducted. The plan shall address, but not be limited to the
following activities:
a. Construction staging area
b. Construction schedule and hours
c. Construction phasing plan, if any
d. Contractor parking area
e. Tree preservation/ protection plan
f. Site dust, noise and storm run -off management plan
g. Emergency and construction site manager contacts
SECTION IV: CONDITIONS ADMINISTERE BY THE PUBLIC WORKS DEPARTMENT
8. STREET WIDENING
Street widening 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 and Santa Clara County Fire
Department as needed.
12. GRADING
Grading shall be as approved and required by the City Engineer un 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. Pre - and post -
development calculations must be provided to indicate whether additional storm water
control measures are to be installed.
14. FIRE PROTECTION
Fire sprinklers shall be installed in any new construction to the approval of the City.
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 u H providers =or installation: of underground utilit<' devices.
The developer shall submit detailed plans :3howing utility underground provisions. Said
25 -9
Resolution No. 6585 TM- 2010 -01 March 9, 2010
Page 4
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 Trees
$ 5% of Off -Site Improvement Cost or
$2,468.00 minimum
6% of Site Improvement Cost or $2,217.00
minimum
$ 2,000.00
Per Acreage
$7,817.00
Per ordinance
By Developer
** Based on the latest effective PG &E rate schedule approved by the PUC
Bonds:
a. Faithful Performance Bond: 100% of Off -site and On -site Improvements
b. Labor & Material Bond: 100% of Off -site and On -site Improvement
c. On -site Grading Bond: 100% of site improvements.
The fees described above are imposed based upon the current fee schedule adopted by the
City Council. However, the fees imposed herein may be modified at the time of recordation
of a final map or issuance of a building permit in the event of said change or changes, the
fees changed at that time will reflect the then current fee schedule.
17. TRANSFORMERS
Electrical transformers, telephone vaults and similar above ground equipment enclosures
shall be screened with fencing and landscaping or located underground such that said
equipment is not visible from public street areas. The transformer shall not be located in
the front or side building setback area.
18. BEST MANAGEMENT PRACTICES
Utilize Best Management Practices (BMPs), as required by the State Water Resources
Control Board, for construction activity, which disturbs soil. BMP plans shall be included in
grading and street improvement plans.
19. NPDES CONSTRUCTION GENERAL PERMIT
The applicant must obtain a Notice of Intent (NOI) from the State Water Resources Control
Board, which encompasses preparation of a Storm Water Pollution Prevention Plan
(SWPPP), use of construction Best Management Practices (BMPs) to control storm water
runoff quality-, and BMP inspection and maintenance.
25 -10
Resolution No. 6585 TM- 2010 -01 March 9, 2010
Page 5
20. C.3 REQUIREMENTS
The developer shall reserve a minimum of 4-.% of developable surface area for the placement
of storm water treatment facilities on the tentative map, unless an alternative storm water
treatment plan to satisfy c.3 requirements is approved by the City Engineer.
The developer must include the use and :maintenance of site design, source control and
storm water treatment Best Management :Practices (BMPs), which must be designed per
approved numeric sizing criteria. A S Water Management Plan, Storm Water
Facilities Easement Agreement, Storm 'hater Facilities Operation and Maintenance
Agreement, and certification of ongoing operation and maintenance of treatment BMPs are
required. The Storm Water Management Plan will be required to obtain approval from an
approved third party reviewer, at the expense of the developer.
21. DEDICATION OF WATERLINES
The applicant shall dedicate to the City all waterlines and appurtenances installed to City
Standards and shall reach an agreement with San Jose Water for water service to the subject
development.
22. EROSION CONTROL PLAN
The developer must provide an approved erosion control plan by a Registered Civil
Engineer. This plan should include all erosion control measures used to retain materials
on site. Erosion control notes shall be stated on the plans.
23. TRAFFIC CONTROL PLAN
The developer must submit a traffic control plan by a Registered Traffic Engineer to be
approved by the City. The plan shall include a temporary traffic control plan for work in the
right of way as well as a routing plan for all vehicles used during construction. All traffic
control signs must be reviewed and approved by the City prior to coirunencement of work.
The City has adopted Manual on Uniform Traffic Control Devices (MUTCD) standards for
all signage and striping work throughout the City.
24. TRAFFIC SIGNS
Traffic control signs shall be placed at locations specified by the City.
25. PEDESTRIAN CROSSWALKS
The developer shall provide pedestrian crosswalk improvements at Clifford Drive and
Blaney Avenue. Final crosswalk improvement plan shall be reviewed and approved by
the City Engineer.
26. TRASH ENCLOSURES
The trash enclosure plan must be designed to the satisfaction of the Environmental
Programs Manager.
27. REFUSE TRUCK ACCESS
The developer must obtain clearance from the Environmental Programs Manager in regards
to refuse truck access for the proposed development.
28. STREET TREES
Street trees shall be planted within the Publ -c Right of Way and shall be of a type approved
by the City in accordance with Ordinance No. 125
25 -11
Resolution No. 6585 TM- 2010 -01 March 9, 2010
Page 6
29. SANITARY DISTRICT
A letter of clearance for the project shall be obtained from the Cupertino Sanitary District
prior to issuance of building permits.
30. SANTA CLARA COUNTY FIRE DEPARTMENT
A letter of clearance for the project shall be obtained from the Santa Clara County Fire
Department prior to issuance of building permits.
31. UTILITY EASEMENTS
Clearance approvals from the agencies with easements on the property (including PG &E,
PacBell, and California Water Company, and /or equivalent agencies) will be required prior
to issuance of building permits.
32. WORK SCHEDULE
A work schedule shall be provided to the City to show the timetable necessary for
completion of on and off site improvements.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/ SURVEYING
CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify that the engineering and surveying conditions specified in Section IV. Of this
resolution conform to generally accepted engineering practices
/ s /Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 9th day of March 2010, at a Regular Meeting of the Plaruzing
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Kaneda, Giefer
NOES:
COMMISSIONERS: none
ABSTAIN:
COMMISSIONERS: Miller
ABSENT:
COMMISSIONERS: none
ATTEST:
/s /Gary Chao
Gary Chao
City Plaruler
APPROVED:
/s/ Paul Brophy
Paul Brophy, Chair
Planning Commission
25 -12
Attachment C
OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENU]- - CUPERTINO, CA 95014 -3255
(408) 777 -3308 - FAX (�0) 777 -3333 - planrdn acupertino.org
PLANNING COMMISSION STAFF REPORT
Agenda Item No. —I—
Agenda Date: March 9, 2010
Application: TM- 2010 -01
Applicant: Donna Vingo (Applicant), Russell Marshall Trustee (Owner
Ap Summary: Tentative Ma to subdivide an a p p roximatel y �6fl re s ua 5
Pp �Y� p pP Y � q
foot parcel into five parcels ranging from 6,400 square feet to
8,890 square feet: located at 790 South Blaney Avenue,
RECOMMENDATION
Staff recommends that the Planning Commission approve the Tentative Parcel Map in
accordance with the model resolution.
PROJECT DATA
General Plan Designation:
Zoning Designation:
Total Gross Lot Area:
Total Net Lot Area:
Proposed Lot Areas:
Low Density (1 -5 Dwelling Units /Gross Acre)
R1 -6 (Single Family Residential - 6,000 square feet
minhnuir_)
47,025 square feet (1.08 acre)
35,588 square feet (0.82 acre)
Lot 1:
6,722 square feet (0.15 gross acres)
Lot 2:
6,525 square feet (0.15 gross acres)
Lot 3:
6,461 square feet (0.15 gross acres)
Lot 4:
8,890 square feet (0.20 gross acres)
Lot 5:
6,990 square feet (0.16 gross acres)
Existing Land Use:
Single- faraily residential
Proposed Land Use:
Single- faraily residential
Existing Density:
0.93 du/ gross acre
Proposed Density:
4.63 du/ gross acre
Project Consistency
with General Plaj:l: Yes
Zoning: Yes
Environmental Review: Categorically Exempt per Section 15333, Class 33 (In-
Fi11 Deg %elopment Projects) of the California
Environmental Quality Act (CEQA)
25 -13
TM- 2010 -01 Donna YigaQ (Russell Marshall Trustee) February 23, 2010
yl n �o Page 2
BACKGROUND
Site Description
The subject property is located at the northeast corner of South Blaney Avenue and
Clifford Drive surrounded by single- family homes. Currently the site consists of a
single- family home, a detached garage and a shed located at the eastern corner of the
property. The home is currently accessed by a circular driveway along South Blaney
Avenue that leads to the residence and to the detached garage.
The existing home that is currently on
the site was reviewed by the Historic
Research Con in 1997, and the
report concluded that due to the
amount of modifications and
additions to the original structure, and
the limited historical impact by the
various families who have lived on
the site, the home was not historically
significant. The house is also not
included on the City's General Plan
Historic Resources List. All of the
existing structures are proposed to be
demolished prior to the recordation of
the final map.
Zoning and General Plan Conformance
The subject site is located in a R1 -6 zoning district with minimum lot size of 6,000
square feet. The applicant is proposing to subdivide the existing 41,800 square foot
parcel into five single- family residential lots, ranging from 6,461 to 8,890 in size. The
proposed project is consistent with the General Plan and the R1 Ordinance.
DISCUSSION
Subdivision Design
The proposed five parcels are configured in a manner to allow 0 o of the lots (Lots 1
and 2) to face and access South Blaney Avenue, and Lots 3, 4 and 5 to be accessed from
Clifford Drive (see Tentative Parcel Map, Attaclunent 1).
25 -14
TM- 2010 -01 Donna uig+to (Russell Marshall Trustee) February 23, 2010
Vinuo Page 3
Conceptual House Plan (Lott)
Typically, for a subdivision of this size, especially when the property is irregular in
shape and located in a dense residential neighborhood, the City prefers to review and
approve the design of the homes in conjunction with the subdivision map request. The
concept is that when a subdivision is approved, the future property owners assume the
right to build in accordance with R1 Ordinance. Therefore, potential building design
and interface should be considered at the subdivision review phase to ensure that
proper and reasonable house designs may be approved without compromising the
integrity of the neighborhood.
Due to financial considerations, the applicant is not able to subinit full architectural and
site plans for all five lots. Instead, a conceptual plan of Lot 1 has been provided to
demonstrate that it can facilitate a reasonable and compatible house design. The
applicant has also agreed to a condition tha: requires full design revieTv approval for all
five homes prior to recordation of the final map.
The architectural details illustrated in "Play. 1(Lot 1) Front Elevation - Spanish Style" are
intended to represent the level of design duality anticipated for the future residences
(see Color Rendering in Attaclunent 1). The details are attractive and will enhance the
neighborhood.
25 -15
TM- 2010 -01 Donna Vigno (Russell Marshall Trustee) February 23, 2010
Page 4
Staff supports the proposed project provided that final house design on lot 5 shall be
consistent with the conceptual plan included with this review.
Site Improvements
Frontage improvements will involve the construction of street frontage along South
Blaney Avenue and Clifford Drive consisting of a 10' street dedication for curb, gutter,
sidewalk and landscape strip. The applicant will work with staff on the number,
location, and species of the neiv street trees within the landscape strip.
TrPPc
The project is anticipated to remove approximately 26 trees. The trees are being
proposed for removal because they are either located in the public improvement area,
located within the buildable area of the future residences, or are insignificant i11 size and
species. None of the trees are protected per the Zoning Ordinance (14.18.035).
Staff recommends that the formal tree removal request and any mitigation /replacement
plan be reviewed and approved In conjtulctlon with the full submittal of the design
review for the five homes.
Cupertino Sanitary District
The Cupertino Sanitary District has reviewed the project and states that sanitary sewer
service can be provided to the proposed parcels via South Blaney Avenue (see
Attachment 2).
25 -16
TM- 2010 -01 Donna Vigno (Russell Marshall Trustee) February 23, 2010
Page 5
Categorical Exemption
The proposed project is deemed categorically exempt per Section 15333, Class 33 (In -Fill
Development Projects) of the California Environmental Quality Act (CEQA) since the
project is characterized as follows:
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation
and regulations.
(b) The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened
species.
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
Prepared by: Leslie Gross, Assistant Planner
Reviewed by:
Zao
City Planner
Approved by:
/ aA W_�:Z
Aard Shrivastava
Conunurdty Development Director
ATTACHMENTS
Model Resolution(s)
Attachment 1 Plan Set
Attachment 2 Cupertino Sanitary District comments
G: i� ;arnr;giPD,°L;PUP,T;pc : � ^• repo;•ul� l; 0;;,,,•�NCrts',T.ti, ?.0: ;' -0Ldoc
25 -17
Attachment D
Cupertino Planning Commission 2 March 9, 2010
Motion: Motion by Com. Giefer, second by Com. Miller, and carried 4 -0 -0, Com. Kaneda
absent; to postpone Application to the March 23, 2010 Planning Commission
meeting.
ORAL COMMUNICATIONS None
CONSENT CALENDAR None
PUBLIC HEARING
Com. Miller recused hims
1. TM- 2010 -01
Donna Vingo (Russell
Marshall Trustee)
790 So. Blaney Ave.
elf from discussion of the application.
Tentative Map o subdivide an approx. 41,800 square foot
parcel into five parcels, ranging from 6,400 sq. ft. to 8,800
sq. ft. Tentative 00 Council date: April 6, 2010
Gary Chao, City Planner, presented the staff report:
• Reviewed the Tentative Map request to subdivide the existing single family residential parcel
into five parcels, ranging from 6,500 to 8,890 square foot lots, as outlined in the staff report.
• Reviewed the site description, zoning designation, site improvement, and trees. The project is
consistent with the General Plan, and all the provisions of the zoning ordinance. Conceptual
house plan for Lot 1 is provided by the applicant, as Lot 1 is the most difficult to design and
the applicant will demonstrate that they are able to provide a good design in terms of both look
and functionality, at the same time going up to the potential maximum in terms of square
footage, so there is no anticipated variances or exceptions.
• To address staff s concern relating to future basically requires them to come in and go through
the R1 residential design review process and approval prior to the recordation of the final map
for assurance that the same developer will be in play to design and carry out similar details and
quality to the remainder of the homes.
• Staff recominends that the Plannine Commission recomiriend approval per the model
resolution with the following added condition: A condition be added requiring the applicant to
go through housing mitigation procedural manual, paying the in -lieu fees, and that the final in-
lieu fees be assessed at the time when submitted for building permits.
Com. Kaneda arrived at the meeting.
Gary Chao answered Commissioners' questions regarding the application.
Mike McClellan, McClellan Development, Applicant:
• Thanked staff for their efforts.
• Said that they accept the staff reconunendations, and understand the concern about future
building and the need to understand what the city's fixture housing is going to be, As staff
mentioned, they volunteered to go through a frill design review prior to any lot being recorded,
which will set the criteria for each lot before the recordation, and it stays with the lot until any
action may be taken to change it. They fully intend to provide a project that has variation and
meets the local nei
Chair Brophy opened the public hearing.
25 -18
Cupertino Planning Commission 3 March 9, 2010
Dr. Ram Swaminathan, Pacifica Drive, Cupertino:
• Expressed concern about the five dense houses in front of his 3,500 square feet, with large lot,
and said he felt the large number of houses in front of his property would devalue his property.
He said that his neighbor across the street also had the same concern.
Loghashankar Srinivasan, nearby resident, Cupertino:
• Concerns related to if there would be a fence; its height and which side it would face; and if
there would be any privacy trees planted.
• Asked if there was a possibility that the building setback could be increased; the number of
floors for three lots, and windows; they do not want them facing directly into their house. Is
the grading of the slope towards Blaney or Clifford or towards the houses; what is the duration
of the construction; and make sure the grading is not facing towards the houses internally in
case of flooding.
Jennifer Griffin, Rancho Rinconada resident:
• Discussed the possibility that the existing home on the property was of historical value;
although it was determined in 1997 by the Historical Society that it wasn't of historical value.
She said that if it was going to be demolished, there is a need for materials for Victorian homes
being remodeled and rather than bulldozing the home, there may be use for the salvage
materials. There are also some large redwood trees on the property.
Keith Murphy, East Estates Drive:
• Questioned whether the house was going to be saved, and referred to what occurred to the
Anderson property behind Fairgrove which was an old farmouse which sat there for a long
time; that property got divided and now it is high density in that area. There were many issues
with the Fairgrove neighborhood and the surrounding neighborhood. He suggested people go
over there and look at that preserved house and new development and see how that works out
before the topic property is consigned to the same fate. Could the house be donated to the city,
put on a park for some other use so the house doesn't have to be lost; perhaps the comrrnrnity
could get some use out of it, perhaps the property owner could sell or donate it to get a write
off. There are also issues if it will match with the sun neighborhood. The Anderson
property sticks out like a sore thumb. He ;recalled that the Fairgrove people said to put up
windows that didn't look into the properties because they are all one story properties and there
were different architectural design; and he questioned whether those concerns would be
debated before any approval.
Sonal Abhyanker, Betty Drive:
• Asked if the applicant had a website that illustrated samples of their homes developed in the
past.
Chair Brophy closed the public hearing.
Gary Chao responded to speakers' questions:
Regarding privacy, the homes are located in R 1 -6 zoning districts; in the R1 zoning districts,
there are provisions for privacy considerations and protections; namely it depends on what sort
of homes are going to be proposed. For example, Lot 1, the applicant is showing conceptually
a single story house; with a single story house the R1 ordinance doesn't provide any privacy
protection for obvious reasons; there shouldn't be any concerns with regards to that.
For a two -story which the applicant will likely be entertaining on some of the lots, there are
privacy protection measures such as for windows with sill heights under 5 feet on second
floor; new second floor that there ought to be considerations for privacy screening, either
25 -19
Cupertino Planning Commission 4 March 9, 2010
through the city's preapproved list of shrubberies or trees within the cone of vision dictated by
the ordinance that the applicant would have to plant new vegetation along the property lines;
and as part of the approval process; not only do they have to plant the trees and shrubberies,
that the trees and shrubs will be recorded on the property as a covenant that they are required
to be maintained and preserved running with the land so that the next owners don't cut them
down. There is that protection locked in place. The applicant has the ability to work things
out with the neighbors, whether it is higher fence or additional measures; that could be agreed
upon and the two property owners or neighbors could come together and sign a waiver to
dictate your own mitigation mechanism and the city would be happy to accept those things in
lieu of their requirements.
• In terms of fencing, the ordinance does allow fencing up to 8 feet. Anything over 6 feet
requires consent from both properties. The applicant could propose a 6 -foot fence without
going through any special measures.
• Public works will evaluate grading and storm runoff and the site peripheral improvements;
gutter, curb; by law any residential houses are not permitted to be graded so that the runoff
would go into a neighbor's yard. All the runoff would have to go to the storm drain system
that eventually would lead into the street. In answer to the question relating to the direction of
grading, it is going to be graded toward the street, away from the property lines.
• Relative to the duration of the construction, the applicant will respond. Staff requires the
applicant to control any construction activities from occurring outside of the allowable hours
of construction, usually 7 a.m. to 8 p.m. weekdays, and 9 a.m. to 6 p.m. on weekends.
• In terns of the historic consideration for the site, Mrs. Griffm is correct in that the site has
been evaluated in the 90s and based on that report, this project had been ranked very low on
that report. The home was built around 1890; even though there is some history to it, it has
been changed so many times, and the home has undergone upgrades and revisions to the
windows and roof. Consequently the Board at the time said that while possibly in its original
state it probably had some value, but given the changes occurring over time, it is not of any
significance.
• There is a policy that will be corning forward directed by the City Council that the
Conunission is going to be reviewing soon; however, the Council is clear that they don't want
to evaluate any residential homes and put them on the list. They want to look at historic sites,
commercial, quasi- public properties. This is not going to be on the radar for that review; nor
should we think that it should be part of a consideration for preservation. The applicant does
have the ability to voluntarily look at ways to recycle and keep parts; but that is their decision.
Corn. Giefer:
Referring to the subdivision, she said she understood they could not prohibit them from selling
off the lots individually, although it is being conditioned not to record the final map until the
design review. Could they sell the rights to that subdivision and allow someone to come in
and create their own architectural assessment, bundle it up or have those reviewed individually
and can they record portions of the map act; or does it have to be recorded at one time? Can
they record a partial map?
City Attorney:
• The map has to be recorded as a whole. The understanding of the condition is they have to
come forward with what they propose to develop before the map gets finalized. The intent is
to have design review for all the lots for the final map recordation to be released.
Com. Giefer:
• The work plan also includes green building and it is hoped to have a residential green building
policy before the end of the year. She asked what the applicant's timeline is to break ground
25-20
Cupertino Planning Commission
March 9, 2010
and begin the project. Even though it is not conditioned at this point; would they be required
to meet any green building plans that are finally approved over the next 12 months?
City Attorney:
• Typically the law in effect at the time if somebody comes in to pull a building permit is what
they have to comply with; if the city concludes its green building adoption of its policy or its
provisions, particularly if it does anything by ordinance and that ordinance is in effect at that
time they come in for their building pennit, they will have to abide by that.
Com. Giefer:
• Said she was making the differentiation if they don't have the policy by the time they come in
for design approval, and then by the time they finally break ground or pull permits, if they do
have a policy in place, that is when they would have to meet those requirements.
Gary Chao:
• Said they could also specify provisions to address that in the Green Building Ordinance.
City Attorney:
• Normally there is some indication to try to deal with things that are in the pipeline, depends
upon what point they are in the pipeline at the time the provisions are adopted. Not knowing
how specific the design review would be vs. the component parts of the Green Building
Ordinance, it is difficult to give a definitive answer; but to the extent that the design review is
a broader brush sort of depiction of what is going to go there, w hen you get to the details, that
is when usually those green building things are triggered.
Applicant:
• Said relative to timeline, they anticipated to start construction by the fourth quarter. With
regards to green sensitivity, they will make efforts to follow the Build -A -Green
reconunendations. We have done what they could and it continues to be defined.
Com. Giefer:
• Said she was concerned with the established mature trees on the lot and would like the city to
take it seriously and see if they could work the sidewalk around the existing trees. She said
she understood they would not save all the trees, but if possible, it makes more sense than
mowing them down and planting them with 20 gallon trees.
• She said that if the Conunission agrees to that, she would like the staff to add it. She also
struggled with the green building because she felt it was going to be an advance of green
building policy and she wasn't comfortable with the answer and did not know what to do
about that because they don't currently have in ordinance that requires that.
Gary Chao:
• Relative to the green building ordinance timetable they are gearing toward the public outreach
phase, and are starting to solicit contracts foi consultants and once that is in place they will be
notifying for focus group meetings. It will be in May/June where it is going to be at the public
hearing stage for adoption.
Cam. Giefer:
• Said it is difficult for the conununity whenever a stricture has been there forever, and there is
history with previous families, previous owners and who we think help drive development of
our community; and whenever there is a green field as this may be considered, where there is a
home with some history behind it, it is difficult to say we are going to move forward bulldoze
25 -21
Cupertino Planning Commission 6
March 9, 2010
that home and subdivide and increase density in the neighborhood. There is always that
emotional side of any redevelopment proposal that comes in. This is consistent; it meets the
General Plan, and meets our zoning. If we have agreement from the Planning Commission
with regards to trying to salvage as many of the existing trees through the public right of way
sidewalk, I would move forward on that.
Gary Chao:
• Said a condition could be added to state that to the maximurn extent possible the staff shall
work with the applicant and Public Works staff to preserve as many trees as feasible.
Chair Brophy:
• Said he was not looking to add a condition to this but if the applicant could look at the house
and to the extent that Mrs. Griffin's point and Mr. Murphy's point that there may be redwood
or other useful materials that could be recycled, the Commission would appreciate that.
Gary Chao:
• Said there is a condition that addresses that in terms of recycling, which is a standard
condition.
Com. Kaneda:
• Explained the process of deconstruction where a deconstruction company comes in and takes
down a home and salvages the materials; it costs about the same amount as demolition but the
materials are salvaged and there is a write off, which covers the cost of the deconstruction.
Motion: Motion by Com. Giefer, second by Com. Kaneda, and carried 4 -0 -1, Com.
Miller abstained, to approve Application TM- 2010 -01 with the additional
language added specifically to request Public Works to try to preserve as
many trees as possible in the public right -of -way
Brophy declared a recess.
3. GPA -20 -01 (EA- 2009 -05) (a) General Plan Amendmen or 2007 -2014 Housing
Z- 2010 -02, i!' A- 2010 -02 Element update.
City of Cupertino
Citywide Location
Paul Peryninger, Bay Area Economy Con taut, presented the staff report:
The Housing Element is one of sev required elements of the General Plan and is updated
tinder State law every 7 to 10 ' ars. h� process began over a year ago with cormnunity
meetings, collecting backgroa id information�r aching out to stakeholders and developing new
policies, guidelines and ocedures to address som ew changes in State law which required
us to have a more e nsive inventory of residential site s part of the housing element.
Said the City ouncil approved staff forwarding a Dra � Housing Element to the State
Departrnen f Housing and Conununity Development (HCD) i Tune 2009. Under State law,
HCD 1i'"60 days to review the housing element and provide the = with comments which
w - e 'received at the end of August 2009. Since then staff, along with - nsultants, have been
articipating in an ongoing discussion with HCD and have submitted additio I information as
requested by the HCD to address some of the issues they brought up in their le der to the city
about bringing the housing element into compliance with State procedures, reguNions and
25-22
Attachment E
PROJECT INFORMATION
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BEGIN
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L -1/( /
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TM-2010-01
CUPERTINO
Application Summary: Tentative Map to subdivide
an approximately 41,800 square foot parcel into five
(5) parcels ranging from 6,461 to 8,890 square feet
Applicant: Donna Vingo (Russell Marshall Trustee)
411
Location: 790 South Blaney Avenue - APN 369-11-048
Site Description
CUPERTINO
Single Family Neighborhood si
Vacant, single-family IN .1 lei 4
residence with detached
garage and shed on-site r • '?"
:Unimproved frontage
" •
Access off S. Blaney Ave. ,„ ,4‘ -
\/p. rir /1P".
Back round
CUPERT1NO
General Plan Designation: Low Density (1 -5 Dwelling Units /Gross Acre)
Zoning Designation: R1 -6 (SFR— 6,000 square feet minimum)
Total Gross Lot Area: 47,025 square feet (1.08 acre)
Total Net Lot Area: 35,588 square feet (0.82 acre, after dedication)
Proposed Lot Areas: 6,461 square feet to 8,890 square feet
Existing Land Use: Single - family residential
Proposed Land Use: Single- family residential
Existing Density: 0.93 du /gross acre
Proposed Density: 4.63 du /gross acre
❖ Project consistent with the General Plan and Zoning
r9 Proposed Subdivision Map
4 , y t, rr
CUPERTINO
Bill
X
Lot 1 \ car 1 --- y-X
ir b Sq FL Lot 4 Lot 5 1
Ma
} '� 8,890 Sq Ft. ii I '
6,990 Sq Ft.
`,:i �� _nC :�w ∎� ' }\ ix it • l i
'', 4 4 1/0\ 'C: 7..•...-.: ., ---0. ,
\ Lot j/ , II
6a16 S Ft . % A JO 1 11 1 e
_ -7! A l it i - x v.
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Lot 3 ,1
iV 6,461 Sq Ft. `' -"��� -- , .' f l
,...:. .....,_ _ At v wi k nti .10 . - - -- , :.
2
Site Improvements
4 ,1.la r
CUPERTINO
Frontage Improvements along South Blaney Avenue and Clifford
Drive include:
10' street dedication for curb, gutter, sidewalk and landscape strip.
r The applicant will work with staff on the number, location, and
species of the new street trees within the landscape strip.
Public Comments
CUPERTINO
Lot Size Compatibility:
r Proposed lot sizes consistent with the neighborhood.
Neighborhood Compatibility :
i- Condition #3 requires the residences resemble the conceptual
rendering in architectural design /quality of material, and design
review will be required.
Privacy Impact Considerations:
Future residences will be subject to the R1 Privacy protection
landscape requirements.
Site Drainage Design:
i Storm water run -off is required to drawl away from neighboring
properties
Salvaging Historical Element :
Condition #4 encourages recycling of the existing building materials
Planning Commission
Comments
CUPERTINO
Tree Preservation: Work with Public Works Department to preserve
existing mature trees in the public improvement area
Condition #5 has been added to minimize tree removal.
Recycling of Materials: Recycle /donate materials from residence
Y Condition #4 encourages recycling of the existing building materials.
Design Review Process: Ensure residences complement the neighborhood,
include individual design elements, and high quality materials
Condition #3 requires the residences resemble the conceptual
rendering in architectural design /quality of material, and design
review will be required.
Green Features: Discussed the importance of green features in the project
Single- family residential projects are not currently required to include
green features. The applicant is available to discuss where they intend
to meet requirements in the Build It Green checklist.
/ Air
Recommendation
eSt.f Jf
CUPERTINO
The Planning Commission recommends that the City
Council approve the project per the model resolution
with the following additional condition:
➢ The Public Works Department shall work with the
applicant to preserve trees in the right -of —way
dedication area to the maximum extent possible.
4
C 4/
TM- 2010 -01
CUPERTINO
Application Summary: Tentative Map to subdivide
an approximately 41,800 square foot parcel into five
(5) parcels ranging from 6,461 to 8,890 square feet
Applicant: Donna Virago (Russell Marshall Trustee)
Location: 790 South Blaney Avenue - APN 369 -11 -048
rl
Site Description
p
yT.
CUPERTINO
Single Family Neighborhood ;
Vacant, single - family `! '' "`
residence with detached
garage and shed on -site '"+~ "
Unimproved frontage �+ r
Access off S. Blaney Ave. • j
�. c,_
1
� //
ri-v-
-k _ Background
CUPERTINO
General Plan Designation: Low Density (1 -5 Dwelling Units /Gross Acre)
Zoning Designation: R1 -6 (SFR— 6,000 square feet minimum)
Total Gross Lot Area: 47,025 square feet (1.08 acre)
Total Net Lot Area: 35,588 square feet (0.82 acre, after dedication)
Proposed Lot Areas: 6,461 square feet to 8,890 square feet
Existing Land Use: Single - family residential
Proposed Land Use: Single- family residential
Existing Density: 0.93 du /gross acre
Proposed Density: 4.63 du /gross acre
❖ Project consistent with the General Plan and Zoning
\
Proposed Subdivision Map
CUPERTINO
LW.. •
, 27-r- 6. -� s Ft" � Lot 4 �X �
' , 8,890 Sq Ft. �i! 6,990 Sq Ft.
i. � �\t. , 0 0 �! R. ,
,
II, 1\111%L.,- I
1, 1 1
�., Lot 2 u 1 1�, !
6,526 Sq Ft. <2 A 1i{ 9
- \ •� iii 1 ' -
\ Lot 3 i � ` 1
\ \
`i
AI \ —.. . 6,461 Sq FL ",� ` j �
;‘,. -1 1 1 ‘ - ' ' ta i LEGEND:
At 6 - - - Li ■_,,- VE i ' " ' " - ' . ..,' li 1
2
p
S ite Improvements
z,os
CUPERTINO
Frontage Improvements along South Blaney Avenue and Clifford
Drive include:
■ 10' street dedication for curb, gutter, sidewalk and landscape strip.
The applicant will work with staff on the number, location, and
species of the new street trees within the landscape strip.
,..\\ t.> Public Comments
ts t.,, r
CUPERTINO
Lot Size Compatibility:
• Proposed lot sizes consistent with the neighborhood.
Neighborhood Compatibility :
o Condition #3 requires the residences resemble the conceptual
rendering in architectural design /quality of material, and design
review will be required.
Privacy Impact Considerations:
• Future residences will be subject to the R1 Privacy protection
landscape requirements.
Site Drainage Design:
"■- Storm water run -off is required to drain away from neighboring
properties
Salvaging Historical Elements :
• Condition #4 encourages recycling of the existing building materials
3
Planning Commission
4y s,9 r Comments
CUPERTINO
Tree Preservation: Work with Public Works Department to preserve
existing mature trees in the public improvement area
) Condition #5 has been added to minimize tree removal.
Recycling of Materials: Recycle /donate materials from residence
➢ Condition #4 encourages recycling of the existing building materials.
Design Review Process: Ensure residences complement the neighborhood,
include individual design elements, and high quality materials
Condition #3 requires the residences resemble the conceptual
rendering in architectural design /quality of material, and design
review will be required.
Green Features: Discussed the importance of green features in the project
r Single- family residential projects are not currently required to include
green features. The applicant is available to discuss where they intend
to meet requirements in the Build It Green checklist.
r —V i Recommendation
4." 1
CUPERTINO
The Planning Commission recommends that the City
Council approve the project per the model resolution
with the following additional condition:
➢ The Public Works Department shall work with the
applicant to preserve trees in the right -of —way
dedication area to the maximum extent possible.