01. Parcel Map 10056 Orange Ave 0 "/ PUBLIC WORKS DEPARTMENT
CITY HALL
� - I 9 s , 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3354 www.cupertino.org
CUPERTINO
CITY COUNCIL AGENDA
Special Meeting: October 12, 2010
Subject
Item No. 6 from October 5, 2010, Council Agenda: Approval of Parcel Map for 10056 Orange
Avenue
Recommended Action
Adopt Resolution No 10 -187, Approving a Parcel Map, Marci Properties, LLC, 10056 Orange
Avenue, APN 357 -17 -133
Discussion
On November 24, 2009, the Planning Commission approved a tentative parcel map to subdivide
the mixed -use building into two Commercial /Office condominium units of 1,720 square feet and
269 square feet, respectively, and one residential condominium unit of 1,685 square feet, for a
total area of 3,674 square feet.
The parcel map (Attachment B) was brought to the City Council as a consent item on October 5,
2010. Staff determined that the parcel map was in conformance with the approved tentative
parcel map and recommended approval. Approval of the parcel map by Council is technically a
ministerial act. The Council continued the item to allow time for staff to provide responses to
questions raised at the meeting.
The condominium subdivision of the mixed -use building is a condition of the escrow for sale of
the property by the applicant. The applicant informed staff after Council continued this item
from its October 5, 2010, meeting that the timely approval of the parcel map is critical to a
pending sale of the property, and requested the special meeting of Council to consider the item
with all haste.
The California Subdivision Map Act and Cupertino Municipal Code require a two -step process
for the subdivision into condominiums. The first step is filing of a parcel map, and the second
step is filing of a condominium plan. Council adoption of the resolution approving the parcel
map will allow the first step to be completed.
Questions Raised at the October 5, 2010, Council Meeting
1. Why does the attachment to the staff report show area outside of the parcel map
boundaries?
Staff was intending to give background on the original development and to show that
there are a number of shared ingress and egress easements and a parking easement that
are outside, as well as inside, the parcel map boundaries. These easements, which are
instrumental to the operation of the subject development and surrounding developments,
are already in place. The recorded instrument numbers of the easements are shown on
the parcel map.
2. What is the boundary of the subject parcel map?
Attachment A is a revised aerial showing the boundary of the L- shaped parcel subject to
this approval.
3. Have the easements on the parcel map been verified?
The easements on this parcel map are not subject to this action. The easements have
been previously approved by the City Attorney and City Manager, as delegated to the
City Engineer, adopted by the City Council and recorded. Public Works has reviewed
the citations on the easements and determined that they have been accurately represented
as previously recorded.
4. Do Lot Line Adjustments require a parcel map?
Lot Line Adjustments do not require a parcel map, since by definition, no lots are
created.
5. Since the subject lot and easements already exist, is a parcel map required?
Section 66412 of the California Subdivision Map Act requires a parcel map as a first step
in the process of creating condominium lots. Since the applicant intended to create three
condominiums, he was required to file for a parcel map. It should be noted that the
buildings on the subject parcel have recently been built in conformance with City
approvals.
6. Are parcel maps brought to the Council for approval?
Staff reviewed the City Code in response to this question and concluded that Section
18.20.140 of the Municipal Code allows the City Engineer to approve parcel maps after
determining that the parcel map substantially conforms to the approved tentative parcel
map.
Prepared by: Glenn Goepfert
Reviewed by: Glenn Goepfert for Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments:
Resolution No. 10 -187
A. Revised aerial map showing the subject parcel
B. Parcel Map
RESOLUTION NO. 10 -187
A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A PARCEL MAP, MARCI PROPERTIES, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, 10056 ORANGE AVENUE, APN 357 -17 -133
WHEREAS, there has been presented to the City Council for approval and for
authorization to record parcel map located at ] 0056 Orange Avenue,
NOW, THEREFORE, BE IT RESOLVED THAT
a. Said parcel map is hereby approved.
b. The City Engineer and the City Clerk are hereby authorized to sign said
parcel map.
PASSED AND ADOPTED at the special meeting of the City Council of the city
of Cupertino this 12 day of October, 2010, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
ATTACHMENT A
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W I PARCEL PARCEL MAP
1 LAP I 827 M 3 -4
L2]' WIDE (YIN DRI\EWAY)
1s' PtWO INGRESS B zG E MENT FOR CONDOMINIUM PURPOSES
3 oko 16680666 (2 COMMERCIAL AND 1 RESIDENTIAL UNITS)
I N - a I CONSISTING OF 3 SHEETS
1 L 1 BEING A SUBDIVISION OF LOT A, AS DESCRIBED IN THAT
10' WIDE (MN DRIVEWAY) CERTAIN LOT LINE ADJUSTMENT, RECORDED SEPTEMBER 20,
I INGRESS d EGRESS EASEMENT 2010 AS DOCUMENT NO. 20876413, OFFICIAL RECORDS OF
EXHIBIT F. DOC. 18680668
8959'22'W N6959'22"W 135.07' SANTA CLARA COUNTY
5
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169e' .1 LYING ENTIRELY WITHIN THE
g Io' wwE ( uARCI DRiVI:wAh INGRESS d EGRESS EASEMENT FOR MONTH VISTA OAKS 07.07')1 CITY OF CUPERTINO, SANTA CLARA COUNTY, CAUFORNIA
8 NGR d EG EASEMENT PER ESMT 1. DOC. 20475366 AND °
1 i EXHIBIT E. DOC. 18680688 PGtrE, AT&T d COMCAST EASEMENT n
PER ESMT. 1, DOC. 20393031 SCALE: 1 = 10' DATE: SEPTEMBER 2010
° 98939'22 "W 118.09' (117. %')I ga 2 3 ADVANCED DEVELOPMENT
10 00' T 19.59' 63.50' 18.00' a l-7.00 _ - n
m ) 8 [ ; 2933 BENJAMIN COURT
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W 1 — — — — 21.00 Q R THAT CERTAIN PARCEL MAP, FILED AUGUST 28, 2009 8 BOOK 833 OF
"p = 8 ii 19.00' wGRESS d EGRESS EASEMENT ' _ °
a MAPS AT PAGES 44 AND 45, SANTA CLARA COUNTY RECORDS, WAS
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� u Q n ° ' �WGRESS d EGRESS EASEMENT J//�� EXHIBIT C. Da. 20727198 TAKEN AS THE BASIS OF BEARINGS FOR THIS MAP.
< 'b'w�/'n EXHIBIT D. DOC. 20727198 I I ' Q
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��— �i8NGRESS EGRESS EASEXIENT� NOTES
EwNwuT d D. Doc. zoml9e INGRESS d EGRESS EASEMENT 1. ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS
_ _ I s _ aO Io.oO' n ...co' Id I EXHIBIT C. DOC. 20727198 THEREOF.
N8959•22 - 98959'22 "W 53.00'
2. THE DISTINCTIVE BOUNDARY LINE INDICATES THE BOUNDARY OF THE
LAND SUBDIVIDED BY THIS MAP AND CONTAINS AN AREA OF 5,618
SQUARE FEET, MORE OR LESS.
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ABOUNDING GRACE MONTH VISTA OAKS "'rc�n MONTH VISTA OAKS
15 CHRISTAN CHURCH r',1 SECOND DESCRIBED gs =',' FIRST DESCRIBED
DOC. 18234587 PARCEL n < o r PARCEL
8 DOC. 19853551 brco D 19853551 D
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SHEET 3 OF 3 CD