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Z-2010-01b ORDINANC E NO. 10-2059 AN ORDINANCE OF THE CUPERTINO CITY COUNCIL PREZONING & REZONING A PARCEL OF 0.618 GROSS ACRE LOCATED NORTHERLY AND ABUTTING TO 10642 NORTH PORTAL AVEr UE, CONSISTING OF A PREZONING OF 0.028 ACRE FROM CITY OF SUNNYVALE TO PRE-�:1-7.5 (SINGLE-FAMILY RESIDENTIAL), AND A REZONING OF 0.59 ACF:E FROM A1-43 TO R1-7.5 WHEREAS, an application was received by the City (A pplication no. Z-2010-01) for the prezoning and rezoning of a property to Pre-RI-7.5 and R1-7.5 (Singlf� Family Residential); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public heari �g the Planning Commission recommended to the City Council that the prezoning and rezoning be granted; ancl WHEREAS, the property is presently zoned City of Sunnyvale and A1-43; and WHEREAS, maps of the subject property are attached }iereto as Exhibits A1 & A2, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLO JVS: Section 1. That the property described in attacr�ed E�ibits Al, B1, A2 & B2 are hereby prezoned or rezoned to: Pre-R1-7.5 (Single Family Residential) and R1��7.5; and that Exhibits A1 & A2 attached hereto are made part of the Master Zoning Map of the Cit;i of Cupertino; and Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 1 st day of June, 2010 and ENACTED at a regular adjourned meeting of the City Council of the City of Cupertino the 9th day of June, 2010, by the following vote: Vote: Members of the City Council: AYES: Wang, Wong, Chang, 1vlahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Kris Wang City Clerk Mayor, City of Cupertino �m' IRRIGATION EASEMENT `` • ?80 � � , y� . � �. , 4 �- � /�� � � � _ I �� � ' '�>9, , • . ,ca � ��`���• � 0I�1 I �. � 0 0, � � I I � • � PROPOSED `- ; ;� I I ' PARCEL � 0 � I I ` � BOUNDARI' � iW� � `3���. '►� I I s8� � � I�I I ���81� ��I I - ■� I I w �j'at�l0 -Q! � �1�'e'Lol� � D.'� I i i p � : ;�' . . . .�Z "o�Or 0 'O ! _L I I - . .. . t � � L 3 rr.:if� � 3'g+�:;: k . . , � ' �,��%D � � .. p ; _ � - �v-z;:.�-,,,w°-t==�' - �- _,_. ,-. - - - ` �..—�----. . �.�. �aE_EA�S � �. d � f: e �: `.`,. � - .. ,., i i ...:i..�:'_. _ ._.... fff � ,�; � �; r . . � i � :__.._.�.�-._...._____..� _ ..�—"....-"' _.�..�._._�.__��."__'_.._"_".�_.___—_-_— o� v :��C�,\ .6 \ \ �\� � - - -'�- t € N �-■��� ----�= 89°21'10" E 29�.�04' N PROPOSED INCsRESS, EGRESS AND PUE . .� .� .� `'• � !V 8 ` 0 � � `�'� `� � \ ry• /f)� `' • ..�..� 95�..�.. � / , � / / / � �XH��t�: B�i PORTION OF THE PARCEL TO l3E REZONED FROM A1-43 TO R1-7.5 All that real property located in the City of Cup�rtino, County of Santa Clara, State of California, described as follows: A portion of the parcels of land conveyed to the State of California by Deeds numbers 13842 and 29598, recorded June 12, 1962 in Volume 5606 page 537 and 5604 page 513 of Official Records of Santa Clara County described as follows: Beginning at the Southwesterly corner of said parcel recorded in Volume 5606, Page 537 Official Records; thence along the city limit line between City of Sunnyvale and City of Cupertino North 89 Degrees 42 Minutes 10 Seconds East a length of 67.50 feet to the Southwesterly line of the parcel conveyed as parcel2 to Santa Clara Cou�ity Flood Control District; thence 267.78 feet along said Southwesterly line and non-tangent curve t� the right, said curve having a radius of 3356.00 feet, a delta 4 Degrees 34 Minutes 18 Seconds �.nd radial bearing South 28 Degrees 08 Minutes 32 Seconds West to the Northeasterly corner of Pa•cel B as shown on the Parcel Map recorded in Book 248 of Maps, at Page 45, Santa Clara CoLnty Records; thence along said Northerly line South 89 Degrees 21 Minutes 10 Seconds West a length of 297.64 feet to the Westerly parcel recorded in Volume 5606, Page 537 Official Records; thenc-e along said Westerly line North 0 Degrees 17 Minutes 50 Seconds West a length of 138.60 to the point of beginning. Containing 0.590 acres more or less. � � F'Kt - LUNt : (Z�.�3 .� ■ • ` -FR6P4- - - - ._.__._,4F�--43- � � • • �6� �.b I I I �'�� ■ � . . � � �� 1 � • • ? � ■ � � ■ i � � � ` � ,� � � I � �': 3 'S'�G t 10' IRRIGATION � ti�U ' ; � � EASEMENT • • 0 � r ` I � i 5' PGdE '��� ! ■ � � EASEMENT • � . I �'' � � � ; �, i : � i � � I ` l. I � � ♦ �.xl-�1 � i�: � �-. PORTION OF TI3E PA RCEL TO BE PREZONED FROM SUNNYVALE TO PRE-Rl-7.5 All that real property located in the City of Sumiyvale, County of Santa Clara, State of California, described as follows: A portion of the parcels of land conveyed to the State of California by Deeds numbers 13842 and 29598, recorded June 12, 1962 in Volume 5606 page 537 and 5604 page 513 of Official Records of Santa Clara County described as follows: Beginning at the Southwesterly corner of said parcel recorded in Volume 5606, Page 537 Official Records; thence along the Westerly boundary o� said parcel North 0 Degrees 17 Minutes 50 Seconds West a length of 35.57 feet to the Sout:iwesterly line of the parcel conveyed as parcel2 to Santa Clara County Flood Control District; ther. ce 76.31 feet along said Southwesterly line and non-tangent curve to the right, said curve havin,; a radius of 3356.00 feet, a delta 1 Degree 18 Minutes 10 Seconds and radial bearing South 2ti Degrees 50 Minutes 22 Seconds West; thence leaving said Southwesterly line along the city li nit line between City of Sunnyvale and City of Cupertino South 89 Degrees 42 Minutes 10 Sec�nds West a length of 67.50 feet to the point of beginning. Containing 0.028 acres more or less. OFFICE OF THE CITY CLERK . CITY HALL 10300 TORRE A'JENUE • CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE: (4i)8) 777-3223 • FAX: (408) 777-3366 June 7, 2010 Pam Yoshida 1176 Lincoln Ave San Jose, CA 95125 Peninsula West Attn. Richard Gregersen 200 S Santa Cruz Ave #103 Los Gatos, CA 95030 Re: Consider Application Nos. TM-2010-02 (EA-2010-01), Z-2010-01, V-2010-01, Pam Yoshida (Richard Gregersen) 10642 (�1orth Portal Avenue, APN Nos. 316-25-054, 316-25- 047, 316-25-048 (continued from Ma:� 18): a. Adopt a Mitigated Negative Declaration b. Subdivide 0.618 acres into two single-family residential lots of approximately 11,737 and 13,982 gross squ�re feet with an exception area of 1,211 square feet in the City of Sunnyvale c. Prezone and Rezone 0.028 acres from the City of Sunnyvale to pre-R1-7.5 and 0.590 acres to R1-7.5 d. Variance to allow a lot width of 55 feet in an R-1 zoning district where 60 feet is required e. Conduct the first reading of Ordinance No. 10-2059: "An Ordinance of the City Coun�il of the City of Cupertino approving the prezoning and rezoning of approximately 0.618 acre, cor..sisting of a prezoning of 0.028 acre from the City of Sunnyvale to pre-R1-7.5 (Sin�;le-Family Residential, 7,500 square feet minimum lot size), and a rezoning of 0.59 acre from A1-43 to R1-7.5 for property located north and abutting to 10642 North P�rtal Avenue (APN's 316-32-047, -048)" TM-2010-02 June 7, 2010 Dear Ms. Yoshida and Mr. Gregersen: At its June 1, 2010 meeting, the Cupertino ��ity Council approved the application with covenants for both air quality and noise; additional storrn drain easement requirement; and additional language about recording a road maintenance agreemei�t. The Tentative map conditions are as follows �.tnless amended above: SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: ""CWO LOT/RESIDENTIAL SUBDIVISION/ NORTH PORTAL AVENiIE/CUPERTINO, CAI,IFORNIA " prepared by MBA ARCHITECTS dated January 21, 2010 and consisting of two sheets labeled GO and C-1 prepared by Westfall Engineers, Inc. dated February 2010, exc:pt as may be amended by the conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, ItESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval sf:t forth herein may include certain fees, dedication requirements, reservation requirements, �nd other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions cc�nstitute written notice of a statement of the amount of such fees, and a description of the ded .cations, reservations, and other exactions. You are hereby further notified that the 90-day �.pproval 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 t e legally barred from later challenging such exactions. 3. DEMOLITION OF STRUCTURES Prior to recordation of the final map, the applicant shall demolish and remove all structures on the property. 4. CEQA (California Environmental Qualitv Act) NOISE MITIGATIONS/ RECORDING OF COVENANT The project will provide the following CF QA noise mitigations at the time of residential development: a. Install windows rated minimtun Sound Transmission Class STC 36 at the second floor living spaces with an orif�ntation toward the freeway. Install windows rated minimum STC 28 at all first floor living spaces with an orientation toward the freeway and at all second floo� living spaces that do not have an orientation toward the freeway. All such windows must have high quality, heavy duty frames and air- tight seals to the outside envirc�nment: b. Provide appropriate mechanic�il ventilation for living spaces with closed windows. 2 � - _ � TM-2010-02 June 7, 2010 Covenant shall be recorded on each lot notifying future purchasers of the above matters. The covenant is subject to approval by the City A torney prior to the recordation of the final map. 5. CEOA (California Environmental Quality Act) AIR QUALITY MITIGATIONS/ RECORDING OF COVENANT The project will provide the following CF;QA air quality mitigations at the time of residential development: a. Provide tiered plantings of tre�:s such as, deodar cedar, costal redwood, live oak and/or oleander along the free wall side. b. Install and maintain air filtration systems of fresh air supply for each dwelling unit. The ventilation system should be designed to prevent at least 80% of ambient PM2.5 (particulate matter, 2.5 micron size diameter) concentrations from entering the indoor areas through the syste�n. The air intake for each dwelling unit should be located away from the freewa} . c. Where appropriate, install pas �ive (drop-in) electrostatic filtering systems especially those with low air � elocities (i.e. 1 mph). Covenant shall be recorded on each lot nc tifying future purchasers of the above matters. The covenant is subject to approval by the Cit;✓ Attorney prior to recordation of the final map. SECTION IV: CONDITIONS ADMINISTE: BY THE PUBLIC WORKS DEPARTMENT 6. STREET WIDENING Street widening and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 7. CURB AND GUTTER IMPROVEMI�NTS Curbs and gutters, sidewalks and rel�.ted structures shall be installed in accordance with grades and standards as specified by the City Engineer. 8. STREET LIGHTING INSTALLATI Street lighting shall be installed and shall be as approved by the City Engineer. Lighting fixtures shall be positioned so as to pr�;clude glare and other forms of visual interference to adjoining properties, and shall be no hi€her than the maximum height permitted by the zone in which the site is located. 9. FIRE HI'DRANT Fire hydrants shall be located as required by the City and Santa Clara County Fire Department as needed. 10. FIRE PROTECTION Fire sprinklers shall be installed in any r�ew construction to the approval of the City. 11. GRADING Grading shall be as approved and requ: red by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Codf:. 401 Certifications and 404 permits maybe required. 3 TM-2010-02 June 7, 2010 _ Please contact Army Corp of Enginef;rs and/or Regional Water Quality Control Board as appropriate. 12. DRAINAGE Drainage shall be provided to the satisf��ction of the City Engineer. Pre- and post- development calculations must be provided to indicate whether additional storm water control measures are to be installed. 13. UNDERGROUND UTILITIES The developer shall comply with the rec�uirements of the Underground Utilities Ordinance No. 331 and other related Ordinances ar�d 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. 14. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, includ ing but not limited to checking and inspection fees, storm drain fees, park dedication fees arid fees for under grounding of utilities. Said agreement shall be executed prior to issuance of ccnstruction permits. Fees: a. Checking & Inspection Fees: ;i 5% of Off-Site Improvement Cost or $2,468.00 � ninimum b. Grading Pernut: :i 6% of Site Improvement Cost or $2,217.00 � ninimum c. Development Maintenance Deposit $ 2,000.00 d. Storm Drainage Fee: Per Acreage e. Power Cost: �`* £ Map Checking Fees: $7,817.00 g. Park Fees: ��er ordinance h. Street Trees ]3y Developer ** Based on the latest effective P�J&E rate schedule approved by the PUC � Bonds: a. Faithful Performance Boncl: 100% of Off-site and On-site Improvements b. Labor & Material Bond: 1(10% of Off-site and On-site Improvement c. On-site Grading Bond: 10(�% of site improvements. -The fees described above are imposE;d based upon the current fee schedule adopted by the City Council. However, the fees impc sed 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 tlie then current fee schedule. 4 _ _ - - TM-2010-02 June 7, 2010 15. 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. Tie transformer shall not be located in the front or side building setback area. 16. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMF's), as required by the State Water Resources Control Board, for construction activity, which di �turbs soil. BMP plans shall be included in grading and street improvement plans. 17. NPDES CONSTRUCTION GENER��L PERMIT The applicant must obtain a Notice of Int�;nt (NOI) from the State Water Resources Control Board, which encompasses preparation oj'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. 18. C.3 REQUIREMENTS The developer shall reserve a minimur� 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 requiremer. ts is approved by the City Engineer. The applicant must include the use ancl maintenance of site design, source control and storm water treatment BMP's, which must l�e designed per approved numeric sizing criteria. A Storm Water Management Plan, Storni Water Facilities Easement Agreement, Storm Water Facilities Operation and Maintenance .�greement, and certification of ongoing operation and maintenance of treatment BMP's are required. The Storm Water Management Plan will be required to obtain approval from an.�pproved third party reviewer, at the expense of the developer. 19. SANTA CLARA VALLEY WATER DISTRICT CLEARANCE Provide Santa Clara Valley Water District approval before recordation of the final map. The developer shall pay for and obtain Wat�r District permit for activities or modifications within the District easement or fee right-of-way or affecting District facilities. 20. CALIFORNIA WATER SERVICE (:OMPANY CLEARANCE Provide California Water Service Com��any approval before recordation of the final map. 21. EROSION CONTROL PLAN The developer must provide an approve:d erosion control plan by a Registered Civil Engineer. This plan should include all erosion cor�trol measures used to retain materials on site. Erosion control notes shall be stated on the plan �. 22. TRAFFIC SIGNS Traffic control signs sha11 be placed at .ocations specified by the City. 5 TM-2010-02 June 7, 2010 23. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Manager. 24. REFUSE TRUCK ACCESS The developer must obtain clearance fr �m the Environmental Programs Manager in regards to refuse truck access for the proposed de��elopment. 25. SANITARY DISTRICT A letter of clearance for the project shall be obtained from the Cupertino Sanitary District prior to issuance of building permits. 26. SANTA CLARA COUNTY FIRE DEPARTMENT A letter of clearance for the project shal] be obtained from the Santa Claza County Fire Department prior to issuance of buildin�; permits. 27. UTILITY EASEMENTS Clearance approvals from the agencies �✓ith 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. 28. WORK SCHEDULE A work schedule shall be provided to the City to show the timetable necessary for completion of on and off-site improvements. The Variance conditions are as follows unles;; amended above: SECTION III: CONDITIONS ADMINIS",ERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on Exhibits titled: " T�VO LOT/RESIDENTIAL SUBDIVISION/ NORTH PORTAL AVENUE/CUPERTINO, CAL[FORNIA " prepared by MBA ARCHITECTS dated January 21, 2010 and consisting of two sr.eets labeled GO and C-1 prepared by Westfall Engineers, Inc. dated February 2010, excE.pt as may be amended by the conditions contained in this resolution. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval sf;t forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code • Section 66020(d) (1), these Conditions cc�nstitute written notice of a sta.tement 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 � pproval 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 t�e legally barred from later challenging such exactions. 6 �� TM-2010-02 June 7, 2010 The Zoning conditions are as follows unless amended above (per the second reading of the ordinance with no changes that will take place at the June 9, 2010 City Council meeting): SECTION III: CONDITIONS ADMINISTEF:ED BY THE COMMUNITY DEVELOPMENT DEPT. l. APPROVED EXHIBITS The recommendation of approval is based c,n Exhibits A 1 and A2: Zoning Plot Maps, and Exhibit B 1& B2: Legal Descriptions. Please review conditions carefully. If ya u have any questions regarding the conditions of approval, please contact the Department of Community Development at 408-777-3308 for clarification. Failure to incorporate cond itions into your plan set will result in delays at the plan checking stage. If development con��itions require tree preservations, do not clear the site until required tree protection devices a re installed. The conditions of project approval set �"orth herein may include certain fees, dedication requirements, reservation requirements, afcd other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the arrtount of such fees, and a description of the dedic�ctions, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, and other exactions, pursuant io Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-dav period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Any interested person, including the app,!icant, prior to seeking judicial review of the city counci['s decision in this matter, must first fle a petition for reconsideration with t.he city clerk within ten days after the council's decisior!. Any petition so filed must comply with municipal ordinance code �2.08.096. This letter will serve as your final action. Sincerely: l� Grace Schmidt Deputy City Clerk cc: Community Development � Z-2010-01 CITY OF CUPERTINO 10300 Tc�rre Avenue Cupertino, (�alifornia 95014 RESOLUTION NO. 6593 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE PRE-ZONINC� AND RE-ZONING OF ONE LOT OF 0.618 ACRE, CONSISTING OF A PRE-ZON [NG OF 0.028 ACRE FROM THE CITY OF SUNNYVALE TO PRE-R1-7.5 (SINGLE-FAMILY RESIDENTIAL, 7,500 SQUARE FEET MINIMUM LOT SIZE) AND A RE-ZO1��ING OF 0.59 ACRE FROM A1-43 TO R1-7.5 FOR PROPERTY LOCATED NORTH AND ABUTTING TO 10642 NORTH PORTA � AVENUE. SECTION I: PROTECT DESCRIPTION Application No.: Z-2010-01 (EA-2010-0"L) Applicant: City of Cupertino Location: Northerly and abuttir g to 10642 North Portal Avenue (APN's 316- 32-047, -048) SECTION II: FINDINGS FOR REZONIN( WHEREAS, the Planning Commission of the City of Cupertino received an application for the prezoning and rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of CupE rtino, and the Planning Commission has held one or more public hearings on this matte:�; and WHEREAS, the Planning Commission fin �s that the subject prezoning & rezoning meet the following requirements: 1) That the prezoning & rezoning are in c�onformance with the General Plan of the City of Cupertino. 2) That the property involved is adequ��te in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. Resolution No. 6593 Z-201C�-01 Apri113, 2010 Page 2 4) That the proposed prezoning & rezoni�ig are otherwise not detrimental to the health, safety, peace, morals and general wElfare of persons residing or working in the neighborhood of subject parcels. 5) That the prezoning & rezoning promotes the orderly development of the city. NOW, THEREFORE, BE IT RESOLVED: � That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application �lo. Z-2010-01 is hereby recommended for approval; and That the subconclusions upon which tr e findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application Z-2010-01, as set forth in the I�Iinutes of the Planning Commission Meeting of Apri113, 2010 and are incorporated by r eference herein. SECTION III: CONDITIONS ADl`�IINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval i� based on Exhibits A1 and A2: Zoning Plot Maps, and Exhibit B1 & B2: Legal De;�criptions. PASSED AND ADOPTED this 13th day of April 2010, at a Regular Meeting of the � Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair B��ophy, Vice Chair Lee, Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Giefer, Kaneda ATTEST: APPROVED: s Aarti Shrivastava s Paul Bro h Aarti Shrivastava, Director Paul Brophy, Chair Community Development Department Planning Commission ' G:\Planning\PDREPORT\RES\2010\Z-2010-01 res.doc i . . . I � � _ _ _ _