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
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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.
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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.
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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. 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.
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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.
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- 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.
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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. 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
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