V-2010-01b S
�,,
OFFfCE OF THE CITY CLERK
. CITY HALL
10300 TORRE A'✓ENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (4�)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:r 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 square 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 SS 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, con 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 minunum 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 agreemer�t.
' The Tentative map conditions are as follows i.uiless 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 AVENLTE/CUPERTINO, CAI,IFORNIA " prepared by MBA ARCHITECTS dated
January 21, 2010 and consisting of tv�o 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, and 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 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.
3. DEMOLITION OF STRUCTURES
Prior to recordation of the final map, the applicant shall demolish and remove all struciures on
the property.
4. CEQA (California Environmental Qualitv Act) NOISE NIITIGATIONS/ RECORDING
OF COVENANT
The project will provide the following CF:QA noise mitigations at the time of residential
development:
a. Install windows rated minimun Sound Transmission Class STC 36 at the second
floor living spaces with an ori��ntation toward the freeway. Install windows rated
minimum STC 28 at all first fl oor 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 windov��s must have high quality, heavy duty frames and air-
tight seals to the outside envir��nment:
b. Provide appropriate mechanic �l ventilation for living spaces with closed windows.
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- 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. CEQA (California Environmental Ouality 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��vay wall side.
b. Install and maintain air filtrati �n 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 systein. The air intake for each dwelling unit should be
located away from the freeway .
c. Where appropriate, insta.11 pas;�ive (drop-in) electrosta.tic filtering systems
especially those with low air �elocities (i.e. 1 mph).
Covenant shall be recorded on eacli lot nctifying 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 IMPROVEM]
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 higher than the maximum height permitted by the zone in
which the site is located.
9. FIRE HYDRANT
Fire hydrants shall be located as require3 by the City and Santa Clara County Fire Department
as needed.
10. FIRE PROTECTION
Fire sprinklers sha11 be installed in any r.ew construction to the approval of the City.
11. GRADING
Grading shall be as approved and required by the City Engineer in accordance with Chapter
16.08 of the Cupertino Municipal Code . 401 Certifications and 404 permits maybe required.
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TM-2010-02 June 7, 2010 _
Please contact Army Corp of Enginef;rs andlor 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 sha11 comply with the rec�uirements �of the Underground Utilities Ordinance No.
331 and other related Ordinances arid 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, including but not limited to checking and inspection fees,
storm drain fees, park dedication fees aaid fees for under grounding of utilities. Said agreement
shall be executed prior to issuance of cc nstruction permits.
Fees:
a. Checking & Inspection Fees: :6 5% of Off-Site Improvement Cost or $2,468.00
� ninimum
b. Grading Permit: ;6 6°/a 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: 'k*
£ Map Checking Fees: $7,817.00
g. Park Fees: ��er ordinance
h. Street Trees :3y Developer
** Based on the latest effective P s&E rate schedule approved by the PUC �
Bonds:
a. Faithful Performance Boncl: 100% of Off-site and On-site Improvements
b. Labor & Material Bond: 11)0% of Off-site and On-site Improvement
c. On-site Grading Bond: 10(1% of site improvements.
-The fees described above are imposf;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 build;ng permit in the event of said change or changes, the
fees changed at that time will reflect tie then current fee schedule.
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15. TRANSFORMERS
Electrical transformers, telephone vaulis and similar above ground equipment enclosures shall
, be screened with fencing and landscap: ng or located underground such that said equipment is
not visible from public street areas. The transformer sha11 not be located in the front or side
building setback area.
16. BEST MANAGEMENT PRACTICE S
Utilize Best Management Practices (B1V1�'s), as required by the Sta.te Water Resources Control
Board, for construction activity, which disturbs 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 (NOn from the State Water Resources Control
Board, which encompasses preparation o:'a Storm Water Pollution Prevention Plan (SWPPP),
use of construction Best Management Pr�.ctices (BMPs) to control storm water runoff quality,
and BMP inspection and maintenance.
18. C.3 �ZEQUIREMENTS
The developer shall reserve a minimutn of 4% of developable surface area for the placement
of storm water treatment facilities on the tentative map, unless an altemative storm water
treatment plan to satisfy c.3 requiremerits is approved by the City Engineer.
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The applicant must include the use an�i maintenance of site design, source control and storm
water treatment BMP's, which must ��e designed per approved numeric sizing criteria. A
Storm Water Management Plan, Storr.l Water Facilities Easement Agreement, Storm Water
Facilities Operation and Maintenance .Agreement, and certification of ongoing operation and
maintenance of treatment BMP's are ��equired. The Storm Water Management Plan will be
required to obtain approval from an 3pproved third party reviewer, at the expense of the
developer.
19. SANTA CLARA VALLEY WATER DISTRICT CLEARANCE
Provide Santa Clara Valley Water Dislrict approval before recordation of the final map. The
developer shall pay for and obtain Water District permit for activities or modifications within
the District easement or fee right-of-w� y or affecting District facilities.
20. CALIFORNIA WATER SERVICE ��OMPANY CLEAR.ANCE
Provide California Water Service Com �any approval before recordation of the final map.
21. EROSION C�NTROL PLAN
The developer must provide an approv�;d erosion control plan by a Registered Civil Engineer.
This plan should include all erosion co�itrol measures used to retain materials on site. Erosion
control notes sha11 be stated on the plans.
22. TRAFFIC SIGNS �
Traffic control signs shall be placed at locations specified by the City.
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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. SA1vITARY 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 Clara County Fire
Department �prior to issuance of buildin�; permits.
27. UTILITY EASEMENTS
Clearance approvals from the agencies �rith easements on the property ( including PG&E,
PacBell, and Califomia 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'CERED BY THE COMMUNITY DEVELOPMENT
DEPT.
l. APPROVED EXHIBITS
Approval is based on Exhibits titled: " Tj'VO LOT/RESIDENTIAL SUBDNISION/ NORTH
PORTAL AVENUE/CUPERTINO, CAL�ORNIA " prepared by MBA ARCHITECTS dated
January 21, 2010 and consisting of two stieets labeled GO and C-1 prepared by Westfall
Engineers, Inc. dated February 2010, excf;pt as may be amended by the conditions contained in
this resolution. '
2. NOTICE OF FEES, DEDICATIONS, RF.SERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval s�;t forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code •
Section 66020(d) (1), these Conditions a�nstitute 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 <<pproval period in which you may protest these fees,
dedications, reservations, and other exac� ions, 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 l�e legally barred from later challenging such exactions.
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�� T1Vf-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 plac� at the June 9, 2010 City Council meeting):
SECTION III: CONDITIONS ADMINISTEF:ED BY THE COMMCJNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based c►n Exhibits A1 and A2: Zoning Plot Maps, and Exhibit
B 1& B2: Legal Descriptions.
Please review conditions carefully. If you 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�iitions 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, ar�d other exactions. Pursuant to Government Code
Section 66020(d)(1), these conditions constitute written notice of a statement of tlze arrtount of
such fees, and a description of the dedic«tions, reservations, and other exactions. You are
hereby further notified that the 90-day apnroval period in which you may protest these fees,
dedications, and other exactions, pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest within this 90-da v period complying with all of the requirements of
Section 66020, you will be legatly barred from later challenging such exactions.
Any interested person, including the app�'icant, prior to seeking judicial review of the city
council's decision in this matter, must first file 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:
. ` (N'
Grace Schmidt
Deputy City Clerk
cc: Community Development
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V-2010-01
CITY OF ��UPERTINO
10300 Tc►rre Avenue
Cupertino, C:alifornia 95014
RESOLUT [ON NO. 6592
OF THE PLANNING COMMISS[ON OF THE CITY OF CUPERTINO
RECOMMENDING A VARIANCE TO ALI,OW A LOT WIDTH OF 55 FEET IN AN R1-7.5
� ZONING DISTRICT WHERE 60 FEET IS REQUIRED AT PROPERTY
NORTHERLY AND ABUTTINC� 10642 NORTH PORTAL AVENUE
(APN'S 316-25-047 AND -048)
SECTION I: PROTECT DESCRIPTION
Application No.: V-2010-01
Applicant: Pam Yoshida (for Westv� ood Investors/Richard Gregersen)
Location: Property northerly and �_butting 10642 North Portal Avenue
SECTION II: FINDINGS
WHEREAS, the Planning Commission of thE� City of Cupertino received an application for a
Variance, as described on Section I. of this RE solution; and
WHEREAS, the necessary notices have b�en given in accordance with the Procedural
Ordinance of the City of Cupertino, and tlte Planning Commission has held one or more
Public Hearings on this matter; and
WHEREAS, the Planning Commission find� that the applicant has met the burden of proof
� required to support this application, and ha�� met the following findings in order to grant the
variance:
1) There are exceptional or extraordinary circumstances or conditions applicable to the
property involved that do not apply gen��rally to property in the same district in that the
lot is oversized (compared to the neighbc>rhood) and triangular in shape. The most logical
subdivision design is a cul-de-sac style which is consistent with the general plan residential
land use density and the observed lot wicith of other interior cul-de-sac lots in the area.
2) The granting of the application is necE ssary, for the preservation and enjoyment of a
substantial property right of the applicant, and to prevent unreasonable property loss or
unnecessary hardship. The project site is three times the size of adjacent single-family
residential lots. Given its irregular shap � and the need for vehicular access, a subdivision
into two lots with widths comparable to c�ther interior cul-de-sac lots is a reasonable use.
3) The granting of the application will rtot be detrimental or injurious to property or
improvements in the vicinity and will nc►t be detrimental to the public health, safety, and
general welfare, or convenience, and to secure the purpose of the title. The property is
proposed to be developed in accordancE� with the City's General Plan and development
standards. Potentially negative effects c�f living next to a highway are mitigated to the
, extent feasible.
Resolution No. 6592 V-2010-01 April 13, 2010
Page 2
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the application for ��ariance is hereby recommended for approval by
the Planning Commission of the City of Cupf�rtino.
That the subconclusions upon which the finc�ings and conditions specified in this Resolution
are based and contained in the Public Hear ing record concerning Application V-2010-01 as
set forth in the Minutes of the Planning �'ommission Meeting of April 13, 2010 and are
incorporated by reference though fully set fo �th herein.
SECTION III: CONDITIONS ADMINISTECZED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: " TWO LOT/RESIDENTIAL SUBDIVISION/
' NORTH PORTAL AVENUE/CUPER7'INO, CALIFORNIA " prepared by MBA
ARCHITECTS dated January 21, 2010 aild consisting of two sheets labeled GO and C-1
prepared by Westfall Engineers, Inc. datE�d February 2010, except as may be amended by
the conditions contained in this resolution.
2. NOTICE OF FEES, DEDICATIONS, RESF RVATIONS 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 descripticn 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, r��servations, and other exactions, pursuant to
Government Code Section 66020(a), has Y►egun. If you fail to file a protest within this 90-
day period complying with all of the rec�uirements of Section 66020, you will be legally
barred from later challenging such exactic�ns.
PASSED AND ADOPTED this 13th day of E,pril 2010, at a Regular Meeting of the Planning
�
Commission of the City of Cupertino by the i ollowing roll call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Miller
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Giefer, Kar�eda
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Paul Brophy
Aarti Shrivastava, Director Paul Brophy, Chair
Community Development Department Planning Commission
g/ plannutg/ pdreport/ res/ 2010/ V-2010-01
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