PC Summary 06-12-07
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
From:
Steve Piasecki, Director of Community Development
Date:
June 19, 2007
Subj:
REPORT OF PLANNING COMMISSION DECISIONS MADE
June 12, 2007
Chapter 19.32 of the Cupertino Municipal code provides for
a eal of decisions made b the Plannin Commission
1. Application
DIR-2006-07, William Stephens (T-Mobile), 20833 Stevens Creek Blvd
Description
Director's Minor Modification to install a wireless telecommunication facility at
an existing office center (Stevens Creek Office Center)
Action
The Planning Commission denied the application on a 4-0-1 vote.
The ten day-calendar day appeal will expire on July 2, 2007.
Enclosures:
Planning Commission Report of June 12, 2007
Planning Commission Resolution No. 6460
2. Application
TM-2007-06 & TM-2007-07, Terry Brown (Hu & Peng properties), 10026 & 10038
Orange Ave
Description
Tentative Maps to subdivide an approved mixed-use development into three
parcels.
Action
The Planning Commission approved the application on a 4-0-1 vote.
The ten day-calendar day appeal will expire on June 29,2007.
Enclosures:
Planning Commission Report of June 12, 2007
Planning Commission Resolution No. 6461 and 6462
g:planning/Post Hearing/summary to cc061207
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
DIR-2006-07
Agenda Date: June 12, 2007
Applicant: Erik Corkery (for T-Mobile)
Property Owner: Stevens Creek Office Center Associates
Property Location: 20833 Stevens Creek Boulevard
Height of Antennas (above grade): 37 feet
Height of Antennas (above parapet): 5 feet
Environmental Review: Categorically Exempt, Section 15303, Class 3e
Application Summary:
Director's Minor Modification of 13-U-79, (File No. DIR-2006-07) to install a
wireless telecommunication facility at an existing office center (Stevens Creek
Office Center)
RECOMMENDATION:
Staff recommends that the Planning Commission deny DIR-2006-07 in
accordance with the model resolution.
BACKGROUND:
The applicant Erik Corkery, representing T-Mobile, is requesting the
establishment of a wireless telecommunications facility on the roof of an existing
two-story office building with below-grade parking located at 20833 Stevens
Creek Boulevard (see location aerial photo below). Six 4.5 feet tall panel
antennas will be mounted in pairs in the equipment well of the building roof,
along with four associated equipment cabinets. Two pairs of the antennas are
oriented toward Stevens Creek Boulevard and the third pair toward the rear of
the building. The surrounding land uses are all commercial uses and the Union
Church across Stevens Creek Boulevard. The distance to the closest residential
property on Bianchi Way (across Stevens Creek Boulevard) is 395 feet, and 435
feet to the pastor's residence on the Abundant Life Church property.
~-,
DIR-2006-07
June 12, 2007
Page 2
. I Proposed Location of T-Mobile Cell Site
DISCUSSION:
The antenna heights comply with the City's wireless communications facilities
ordinance requirements for roof-mounted antennas. The equipment cabinets are
completely screened from public view by the equipment well, and the antennas
will be visually screened with a combination of existing landscaping and rooftop
equipment screens. Note that the plan elevations depict fewer roof screens than
what is shown in the photosimulations.
While the antennas can be fully screened, the screens are not architecturally
integrated with the design of the building and is thus not compatible with its
surroundings (See photo). From a design standpoint, staff prefers a full
perimeter roof screen, which would integrate better with the appearance of the
building, rather than the "pop-up chimney" approach.
The applicant states that a full perimeter roof screen is not structurally feasible
because of the wind loads and the obstructions posed by other equipment
already on the roof that limits how the screens can be braced (See exhibit A).
Staff had suggested that the equipment screens be perforated to reduce the wind
load, but the structural engineer said it would not help enough and the cell
antennas would be visible through the screen perforations.
2
~-~
DIR-2006-07
June 12, 2007
Page 3
Front Roof Screen
Locations
If the Commission chooses to approve the proposal, staff recommends certain
conditions that are included in the attached resolution of approval, including a
condition that requires the antennas to be fully screened to the satisfaction of the
Director of Community Development as depicted in the photosimulations.
Submitted by: Colin Jung, Senior Planner ~
Approved by: Steve Piasecki, Director of Community Developme~
Enclosures:
Model Resolution for Denial
Model Resolution for Approval
Exhibit A: Letter from Delta Groups, Inc. dated July 17, 2006
Photosimulations
H: Groups jPlanningjPDREPORT jDIRreports j 2006 jDIR-2006-07
3
:l'~
DIR-2006-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
( denial)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A DIVERTED DIRECTOR'S MINOR MODIFICATION TO ALLOW THE
CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT AN
EXISTING OFFICE CENTER (STEVENS CREEK OFFICE CENTER) LOCATED
AT 20833 STEVENS CREEK BOULEV ARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a diverted
application for Director's Minor Modification, 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 project's roof screens, designed to visually screen the antennas, does not
architecturally integrate with the appearance of the office building and is thus not compatible
with the surroundings and at variance with the adopted siting and design guidelines and is
thus inconsistent with the City's Wireless Facilities Master Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the diverted application for Director's Minor Modification is hereby
denied; 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 No. DIR-2006-
07 as set forth in the Minutes of the Planning Commission Meeting of June 12, 2007, are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-07
Erik Corkery (for T-Mobile)
Stevens Creek Office Center Associates
20833 Stevens Creek Boulevard
02v\f
DIR-2006-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A DIVERTED DIRECTOR'S MINOR MODIFICATION TO ALLOW THE
CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT AN
EXISTING OFFICE CENTER (STEVENS CREEK OFFICE CENTER) LOCATED
AT 20833 STEVENS CREEK BOULEV ARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a diverted
application for Director's Minor Modification, 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 project's roof screens can adequately screen the antenna and are of a height,
color, design that is architecturally compatible with the appearance of the office building.
The project is thus consistent with the City's Wireless Facilities Master Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the diverted application for Director's Minor Modification is hereby
approved; 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 No. DIR-2006-
07 as set forth in the Minutes of the Planning Commission Meeting of June 12, 2007, are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
U-2006-07
Erik Corkery (for T-Mobile)
Stevens Creek Office Center Associates
20833 Stevens Creek Boulevard
J."""
Resolution No.
June 12,2007
Page 2
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The approval is based on plan set titled: SF15041AjStevens Creek Office Center,"
consisting of five sheets dated 11/09/06 and labeled T1, A1 through A4, except as may
be amended by the conditions contained in this Resolution.
2. LANDSCAPING
The applicant shall plant three 36-inch box Flowering Pears (Pyrus calleriana variety
Chanticleer) in the empty tree wells fronting the office building. The irrigation system
shall be in operating condition.
3. EXPIRATION OF APPROVAL
The approval is valid for a period of 10 years and shall expire on June 12, 2017.
4. SCREENING OF VISIBLE ANTENNAS
Antennas and mounting hardware shall be fully screened from public view to the
satisfaction of the Director of Community Development.
5. 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.
J..,1
I). Delta Groups, Inc.
Exhibit A
5627 Stoneridge Drive, Suite 314, Pleasanton, CA 94588
Tel.: (925) 468-0115 Fax: (925) 468-0355
July 17, 2006
Attn: Mr. Bill Stephens
T -Mobile
1855 Gateway Boulevard, 9th Floor
Concord, CA 94520
Subject:
Parapet Extension at Project SF15041A, "Stevens Creek Office Center,"
located at 20833 Stevens Creek Boulevard in Cupertino, California
Dear Sir:
Per your request, we have reviewed this project with regards to the addition of a parapet screen
wall extension encompassing the perimeter of the existing building. In order to screen the
proposed antennas, the parapet screen wall extension would extend to at least six feet in height
above the existing six foot high parapet wall. Wind-loading would become a very significant
factor. The parapet screen wall extension would need to be braced to the existing roof using
some diagonal bracing. Also, note that there are existing HVAC units located along the south
parapet wall that would prohibit bracing of a proposed parapet screen wall extension (see
Attachment A).
Delta Groups Engineering, Inc. has performed a Structural Evaluation to determine whether or
not a proposed parapet extension would be structurally feasible. We have reviewed both the
areas where diagonal bracing is feasible and where diagonal bracing is not feasible due to the
existing HV AC equipment. In both cases, the existing structural capacity of the roof would be
overstressed (see attached Structural Calculations). In conclusion, we have determined that a
parapet screen wall extension is not feasible at this project site. Should you have any
questions, please contact us.
Best regards,
Albert Teng
President
J...q
10300 T orre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
CommH]:1ity Df'l1eZVpme]:1f Oepartme]:1f
CITY F
CUPEIUINO
June 18, 2007
Erik Corkery
Sutro Consulting
101123rd Street, Suite 3
San Francisco, Ca. 94107
SUBJECT: PLANNING COMMISSION ACTION LETTER - DIR-2006-07
This letter confirms the decision of the Planning Commission, given at the meeting on
June 12, 2007, denying a Director's Minor Modification to allow the installation of a
wireless telecommunication facility at an existing office center (Stevens Creek Office
Center), located at 20833 Stevens Creek Boulevard, according to Planning Commission
Resolution No. 6460.
Please note that an appeal of this decision can be made within 14 calendar days from
the date of this letter. If this happens, you will be notified of a public hearing that will
be scheduled before the City Council.
Sincerely,
elL- L_
Colin JunfJ' . 0-
Senior Planner
g:jplanning/post hearing/actionletterD IR -2006-07
Printed on Recycled Paper
DIR-2006-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DENIAL RESOLUTION NO. 6460
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
DENYING A DIVERTED DIRECTOR'S MINOR MODIFICATION TO ALLOW THE
CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY AT AN
EXISTING OFFICE CENTER (STEVENS CREEK OFFICE CENTER) LOCATED
AT 20833 STEVENS CREEK BOULEV ARD
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received a diverted
application for Director's Minor Modification, 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 project's roof screens, designed to visually screen the antennas, does not
architecturally integrate with the appearance of the office building and is thus not compatible
with the surroundings and at variance with the adopted siting and design guidelines and is
thus inconsistent with the City's Wireless Facilities Master Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the diverted application for Director's Minor Modification is hereby
denied; 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 No. DIR-2006-
07 as set forth in the Minutes of the Planning Commission Meeting of June 12, 2007, are
incorporated by reference as though fully set forth herein.
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Property Owner:
Location:
DIR-2006-07
Erik Corkery (for T-Mobile)
Stevens Creek Office Center Associates
20833 Stevens Creek Boulevard
Denial Resolution No. 6460
June 12,2007
Page 2
PASSED AND DENIED this 12th day of June 2007, 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: Vice Chair Chien, Miller, Wong, Kaneda
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Chairperson Giefer
ATTEST:
APPROVED:
I s/Steve Piasecki
Steve Piasecki.
Director of Community Development
Is/Cary Chien
Cary Chien, Vice Chair
Cupertino Planning Commission
H:jGROUPS on CUPntjPlanningjPDREPORTj Resj 2007 jDIR-2oo6-07 denial res.doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
TM-2007-07
Terry Brown
Vickie Peng
10038 Orange Ave
Agenda Date: Jun.e 12, 2007
Application Summary:
Tentative map to subdivide an approved mixed use development into three parcels.
RECOMMENDATION:
Staff recommends approval of TM-2007-07 in accordance with the Model Resolution.
BACKGROUND:
The Planning Commission previously approved a mixed-use development consisting of
a 4,814 square foot mixed use building with 1,630 square feet of office/retail space and
3,184 square feet of residential space (1 unit) (see rendering and site plan in Exhibit A).
DISCUSSION:
The Subdivision Map Act states that" a map of a condominium project.. . need not show
the buildings or the manner in which the buildings or the airspace above the property
shown on the map are to be divided, nor shall the governing body have the right to
refuse the approval of a parcel, tentative, or final map of the project on account of the
design or location of buildings on the property shown on the map that are not violative
of local ordinances or on account of the manner in which airspace is to be divided in
conveying the condominium."
The tentative map shows the subject property as one lot and outlines the extent of the
condominium units. The map also states the proposed number of condominium units.
The project is currently under construction, and there are some agreements that need to
be signed before the final inspections are conducted on the units. A condition of
approval is proposed to ensure that the subdivision conforms to all prior approvals
before recordation of the final map.
A condition of approval has also been included to provide for public pedestrian
easements on the sidewalk areas around the building and public access easements over
the driveway to the south and rear of the property and the parking area at the rear of
the property.
Enclosures:
Model Resolution
Exhibit A: Rendering and Site Plan of Approved Project
Plan Set
Prepared by: Piu Ghosh, Assistant Planner ~ A
Approved by: Steve Piasecki, Director of Community Developm~
G :planning/pdreportjpetmreportsj2 007 (TM-2 00 7-0 7. doe
:3b.. ,
TM-2007-07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENT A TIVE MAP TO CREATE ONE COMMERCIAL CONDOMINIUM, ONE
MEDICAL CONDOMINIUM AND ONE RESIDENTIAL CONDOMINIUM UNIT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision 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 is consistent
with the General Plan.
3) That the site is physically suitable for the type of development.
4) That the design of the subdivision or the proposed improvements is 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 type of improvements associated
therewith 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 Subdivision Map is hereby
approved, 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
No. TM-2007-07 as set forth in the Minutes of the Planning Commission Meeting of June
12,2007, and are incorporated by reference as though fully set forth herein.
6b"'~
Resolution No.
Page 2
TM-2007 -07
June 12, 2007
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-07
Applicant: Terry Brown (Vickie Peng)
Location: 10038 Orange Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Parcel
Map, 10038 Orange Ave, Cupertino CA", except as may be amended by the
Conditions contained in this Resolution.
2. PUBLIC ACCESS EASEMENT
Applicant shall record a public access easement over the sidewalks around the
building, driveway to the south and the rear of the property and the parking
areas. The agreement shall be recorded in conjunction with recordation of the
final map, and shall be subject to prior approval as to form and content by the
City Attorney.
3. 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.
4. CONFORMANCE WITH PRIOR APPROVALS
The Director of Community Development shall confirm that the subdivided
parcels conform to prior approvals for this site.
SECTION IV:
DEP ARTMENT
5. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the City Engineer.
CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
31-3
Resolution No.
Page 3
TM-2007 -07
June 12, 2007
6. PARCEL MAP
The applicant shall provide the following fees towards parcel map recordation:
a. Development Maintenance Deposit: $ 1,000.00
b. Storm Drainage Fee: $ 397.25 (PAID)
c. Map Checking Fees: $ 3,348.00
d. Park Fees: N/ A(Existing Residence- 5.10.05)
In addition, the applicant must provide will serve letters from the utility
companies (PG&E, AT&T, San Jose Water and Comcast) and closure calculations
prior to map recordation.
7. DRIVEWAY EASEMENT
The developers of both 10026 Orange Avenue and 10038 Orange. Avenue must
submit a signed agreement approved by the City, which sets aside a driveway
easement along their adjoining properties. An access easement must also be
granted and recorded to allow right of entry for individuals at 21760 Stevens
Creek Boulevard, 10056 Orange Avenue and 10060 Orange Avenue.
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
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 12th day of June 2007, 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:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROVED:
Steve Piasecki, Director
Community Development Department
Lisa Giefer, Chair
Planning Commission
G: IPlanninglP D REPO R TlRESI200 7\ TM- 2007-07 res. doc
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PROFESSIONAL LAND SURVEYORS
1011 CEDAR STREET 11180 COlEWAN A\€HUE
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(831) '20-7533 (408) 2_'298
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SCALE : 1 INOi -10 FEET I DRAWN: ,Ir,IG
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County of SaIto Clore. Stat. of CCIIlfomlo
JOB NO. 07079
OA 1'[: MARCH 2007
FIEl.DWORK:
CHECKED I )HOE)(
AeN) NO. 07079_l\l.dw9 FILE NO.
ONE
or ONE
TM-2007 -06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6461
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENT A TIVE MAP TO CREATE ONE COMMERCIAL CONDOMINIUM, ONE
MEDICAL CONDOMINIUM AND ONE RESIDENTIAL CONDOMINIUM UNIT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision 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 is consistent
with the General Plan.
3) That the site is physically suitable for the type of development.
4) That the design of the subdivision or the proposed improvements is 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 type of improvements associated
therewith 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 Subdivision Map is hereby
approved, 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
No. TM-2007-06 as set forth in the Minutes of the Planning Commission Meeting of June
12,2007, and are incorporated by reference as though fully set forth herein.
Resolution No. 6461
Page 2
TM-2007 -06
June 12, 2007
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2007 -06
Terry Brown (Diana Hu)
10026 Orange Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Parcel
Map, 10026 Orange Ave, Cupertino CA", except as may be amended by the
Conditions contained in this Resolution.
2. PUBLIC ACCESS EASEMENT
Applicant shall record a public access easement over the sidewalks around the
building, driveway at the rear and the parking areas. The agreement shall be
recorded in conjunction with recordation of the final map, and shall be subject to
prior approval as to form and content by the City Attorney.
3. 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, dedicC!-tions,
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.
4. CONFORMANCE WITH PRIOR APPROVALS
The Director of Community Development shall confirm that the subdivided
parcels conform to prior approvals for this site.
SECTION IV:
DEPARTMENT
5. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the City Engineer..
CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
Resolution No. 6461
Page 3
TM-2007-06
June 12, ~007
6. PARCEL MAP
The applicant shall provide the following fees towards parcel map recordation:
a. Development Maintenance Deposit: $ 1,000.00
b. Storm Drainage Fee: $ 397.25 (PAID)
c. Map Checking Fees: $ 3,348.00
d. Park Fees: N/ A(Existing Residence- 5.10.05)
In addition, the applicant must provide will serve letters from the utility
companies (PG&E, AT&T, San Jose Water and Comcast) and closure calculations
prior to map recordation.
7. DRIVEWAY EASEMENT
The developers of both 10026 Orange Avenue and 10038 Orange Avenue must
submit a signed agreement approved by the City, which sets aside a driveway
easement along their adjoining properties. An access easement must also be
granted and recorded to allow right of entry for individuals at 21760 Stevens
Creek Boulevard, 10056 Orange Avenue and 10060 Orange Avenue.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Governrrient Code)
I hereby certify that the engineering and surveying conditions specified in Section IV.
Of this resolution conform to generally accepted engineering practices
Is/Ralph Qualls
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 12th day of June 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
ATTEST:
COMMISSIONERS: Vice Chair Chien, Miller, Wong, Kaneda
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Chairperson Giefer
APPROVED:
I s/Steve Piasecki
Steve Piasecki, Director
Community Development Department
Is/Cary Chien
Cary Chien, Vice Chair
Planning Commission
G: IPlanningIPDREPORTlRES\2007\TM-2007-06 res. doc
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'0026 ORANGE AVE.
CONDOlAINIUIoIS
DUNBAR and CRAIG
PROFESSIONAL LAND SURVEYORS
1011 CEDAR STREET 11180 C()l..EUAN AIlENUr
SANTA CRUZ, CA 95CM50 SAN JOSE. CA 9S110
(831) .25-7533 (408) 2.....'29.
SitlJale in
Cfty of Cupertino
County of Santo Clara, Stet. of Collfomlo
JOB NO. 07078
PL.S NO. S61S REHEWAL DAlE '/30/2001
SCALE : 1 INOl -10 FEET I DRAWN: .IotG
DAlE: MARCH 2007
AaDv.tlRK:
CHECKED I INDEX
ACAD NO, 07078_"N.dwg AlE NO.
ONE
or ONE
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Owner:
Property Location:
TM-2007-06
Terry Brown
Diana Hu
10026 Orange Ave
Agenda Date: June 12,2007
Application Summary:
Tentative map to subdivide an approved mixed use development into three parcels.
RECOMMENDATION:
Staff recommends approval of TM-2007-06 in accordance with the Model Resolution.
BACKGROUND:
The Planning Commission previously approved a mixed-use development consisting of
a 5,355 square foot mixed use building with 1,865 square feet of office/retail space and
3,490 square feet of residential space (1 unit) (see rendering and site plan in Exhibit A).
DISCUSSION:
The Subdivision Map Actstates that" a map of a condominium project.. .need not show
the buildings or the manner in which the buildings or the airspace above the property
shown on the map are to be divided, nor shall the governing body have the right to
refuse the approval of a parcel, tentative, or final map of the project on account of the
design or location of buildings on the property shown on the map that are not violative
of local ordinances or on account of the manner in which airspace is to be divided in
conveying the condominium."
The tentative map shows the subject property as one lot and outlines the extent of the
condominium units. The map also states the proposed number of condominium units.
The project is currently under construction, and there are some agreements that need to
be signed before the final inspections are conducted on the units. A condition of
approval is proposed to ensure that the subdivision conforms to all prior approvals
before recordation of the final map.
A condition of approval has also been included to provide for. public pedestrian
easements on the sidewalk areas around the building and the driveway and parking
area at the rear of the property.
Enclosures:
Model Resolution
Exhibit A: Rendering and Site Plan of Approved Project
Plan Set
Prepared by: Piu Ghosh, Assistant Planner ~ J
Approved by: Steve Piasecki, Director of Community Developm~
G :planning/pdreportjpctmreportsj2 007 fI'M- 2007-06. doc
3-1
TM - 2007-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENT A TIVE MAP TO CREATE ONE COMMERCIAL CONDOMINIUM, ONE
MEDICAL CONDOMINIUM AND ONE RESIDENTIAL CONDOMINIUM UNIT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision 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 is consistent
with the General Plan.
3) That the site is physically suitable for the type of development.
4) That the design of the subdivision or the proposed improvements is 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 type of improvements associated
therewith 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 Subdivision Map is hereby
approved, 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
No. TM-2007-06 as set forth in the Minutes of the Planning Commission Meeting of June
12,2007, and are incorporated by reference as though fully set forth herein.
3-d
Resolution No.
Page 2
TM-2007-06
June 12, 2007
SECTION II: PROTECT DESCRIPTION
Application No.: TM-2007-06
Applicant: Terry Brown (Diana Hu)
Location: 10026 Orange Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Parcel
Map, 10026 Orange Ave, Cupertino CAli, except as may be amended by the
Conditions contained in this Resolution.
2. PUBLIC ACCESS EASEMENT
Applicant shall record a public access easement over the sidewalks around the
building, driveway at the rear and the parking areas. The agreement shall be
recorded in conjunction with recordation of the final map, and shall be subject to
prior approval as to form and content by the City Attorney.
3. 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.
4. CONFORMANCE WITH PRIOR APPROVALS
The Director of Community Development shall confirm that the subdivided
parcels conform to prior approvals for this site.
SECTION IV:
DEP ARTMENT
5. UNDERGROUND UTILITIES
The developer shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the City Engineer.
CONDITIONS ADMINISTERED BY THE PUBLIC. WORKS
3.-3
Resolution No.
Page 3
TM-2007 -06
June 12, 2007
6. PARCEL MAP
The applicant shall provide the following fees towards parcel map recordation:
a. Development Maintenance Deposit: $ 1,000.00
b. Storm Drainage Fee: $ 397.25 (PAID)
c. Map Checking Fees: $ 3,348.00
d. Park Fees: N/ A(Existing Residence- 5.10.05)
In addition, the applicant must provide will serve letters from the utility
companies (PG&E, AT&T, San Jose Water and Comcast) and closure calculations
prior to map recordation.
7. DRIVEWAY EASEMENT
The developers of both 10026 Orange Avenue and 10038 Orange Avenue must
submit a signed agreement approved by the City, which sets aside a driveway
easement along their adjoining properties. An access easement must also be
granted and recorded to allow right of entry for individuals at 21760 Stevens
Creek Boulevard, 10056 Orange Avenue and 10060 Orange Avenue.
CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF
ENGINEERING/SURVEYING CONDITIONS
(Section 66474.18 of the California Government Code)
I hereby certify thatthe engineering and surveying conditions specified in Section IV.
Of this resolution conform to generally accepted engineering practices
Ralph Qualls, Director of Public Works
City Engineer CA License 22046
PASSED AND ADOPTED this 12th day of June 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROVED:
Steve Piasecki, Director
Community Development Department
Lisa Giefer, Chair
Planning Commission
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County of Sonta Claro. State of California
JOB NO. 07078 SH
INDEX ONE
AlE NO. Of ONE
PI.S NO. MtS RENEWAL DATE i/30/2OOI
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ACAD NO. 0707ILlW..dw9
TM-2007 -07
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6462
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A
TENT A TIVE MAP TO CREATE ONE COMMERCIAL CONDOMINIUM, ONE
MEDICAL CONDOMINIUM AND ONE RESIDENTIAL CONDOMINIUM UNIT
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application
for a Tentative Subdivision 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 is consistent
with the General Plan.
3) That the site is physically suitable for the type of development.
4) That the design of the subdivision or the proposed improvements is 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 type of improvements associated
therewith 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 Subdivision Map is hereby
approved, 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
No. TM-2007-07 as set forth in the Minutes of the Planning Commission Meeting of June
12,2007, and are incorporated by reference as though fully set forth herein.
Resolution No. 6462
Page 2
TM-2007-07
June 12, 2007
SECTION II: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
TM-2007 -07
Terry Brown (Vickie Peng)
10038 Orange Ave
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit titled: "Tentative Parcel
Map, 10038 Orange Ave, Cupertino CAli, except as may be amended by the
Conditions contained in this Resolution.
2. PUBLIC ACCESS EASEMENT
Applicant shall record a public access easement over the sidewalks around the
building, driveway to the south and the rear of the property and the parking
areas. The agreement shall be recorded in conjunction with recordation of the
final map, and shall be subject to prior approval as to form and content by the
City Attorney.
3. 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.
4. CONFORMANCE WITH PRIOR APPROVALS
The Director of Community Development shall confirm that the subdivided
parcels conform to prior approvals for this site.
SECTION IV:
DEPARTMENT
5. UNDERGROUND UTILITIES
Thedeveloper shall comply with the requirements of the Underground Utilities
Ordinance No. 331 and other related Ordinances and regulations of the City of
Cupertino, and shall coordinate with affected utility providers for installation of
underground utility devices. The developer shall submit detailed plans showing
utility underground provisions. Said plans shall be subject to prior approval of
the affected Utility provider and the City Engineer.
CONDITIONS ADMINISTERED BY THE PUBLIC WORKS
Resolution No. 6462
Page 3
TM-2007 -07
June 12, 2007
6. PARCELMAP
The applicant shall provide the following fees towards parcel map recordation:
a. Development Maintenance Deposit: $ 1,000.00
b. Storm Drainage Fee: $ 397.25 (PAID)
c. Map Checking Fees: $ 3,348.00
d. Park Fees: N/ A(Existing Residence- 5.10.05)
In addition, the applicant must provide will serve letters from the utility
companies (PG&E, AT&T, San Jose Water and Comcast) and closure calculations
prior to map recordation.
7. DRIVEWAY EASEMENT
The developers of both 10026 Orange Avenue and 10038 Orange Avenue must
submit a signed agreement approved by the City, which sets aside a driveway
easement along their adjoining properties. An access easement must also be
granted and recorded to allow right of entry for individuals at 21760 Stevens
Creek Boulevard, 10056 Orange Avenue and 10060 Orange Avenue.
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 12th day of June 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABST AIN:
ABSENT:
ATTEST:
COMMISSIONERS: Vice Chair Chien, Miller, Wong, Kaneda
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: Chairperson Giefer
APPROVED:
/ s/Steve Piasecki
Steve Piasecki, Director
Community Development Department
/ s / Cary Chien
Cary Chien, Vice Chair
Planning Commission
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JOB NO. 07079
PlS NO. e&15 Rf:NEWAl DAlE t/YJ/2fJOI
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ONE
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