OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 (408) 777-3308 FAX (408) 777-3333 planning@cupertino.org PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date: August 27, 2013 Application: TM-2012-03, Z-2012-01 (EA-2012-04) Applicant: Sue Jane Han of Cherryland LLC Project Location: 20840 McClellan Rd Application Summary: 1. Parcel Map to subdivide an existing single-family lot into three (3) residential lots and one (1) common area lot; and 2. Rezoning of a.96 acre parcel from single-family residential () (10,000 sq ft minimum lot size) to single-family residential () (7,500 sq ft minimum lot size) RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of the following applications: Mitigated Negative Declaration for the project (EA-2012-04); Tentative Map (TM-2012-03) per the draft resolution (Attachment 1); Rezoning (Z-2012-01) per the draft resolution (Attachment 1). Please note that the final decision on the project will be made by the City Council at the first reading tentatively scheduled for September 17, 2013, with a second reading tentatively scheduled for October 15, 2013. PROJECT DATA General Plan Designation: Zoning Designation: Total Gross Lot Area: Total Net Lot Area: Proposed Lot Areas: Parcel A: Parcel B: Parcel C: Parcel D (Private Road): Existing Land Use: Proposed Land Use: Existing Density: Low Density (1-5 Dwelling Units/Gross Acre) (Single Family Residential 10,000 square feet minimum) 41,973 square feet (.96 acre) 38,973 square feet (.89 acre) 8,051 square feet 8,399 square feet 9,448 square feet 13,075 square feet Single-family residential Single-family residential 1.04 dwellings per gross acre
Proposed Density: Project Consistency with General Plan: Zoning: Environmental Assessment: 3.12 dwelling per gross acre Yes No, Rezoning Requested Mitigated Negative Declaration BACKGROUND Site Description The subject property is located off of McClellan Rd and is surrounded by other single-family properties with similar zoning (,, and R1-6) and general plan land use designations (Low Density Residential, 1-5 dwellings/gross acre). Further to the west is a church property zoned quasipublic/institutional. Currently, the site consists of a single-family home with carports and sheds; all structures on-site are proposed to be demolished prior to the recordation of the parcel map. McClellan Rd 20900 BQ 20840 20816 20820 McClellan Pl 10518 10538 803 811 819 R1-6 Kim St 20860 825 831 20810 10568 837 R1-6 843 Subject Property DISCUSSION: Subdivision Design The project proposes to create three lots that are oriented north to south, with vehicular, pedestrian, and emergency access to be provided by a new private roadway/cul-de-sac consistent with the Santa Clara N
County Fire Department requirements for access. The proposed private cul-de-sac is expected to be a shared driveway to facilitate access to any future subdivision request for the single family property immediate to the west of the project. A preliminary site plan has been prepared demonstrating how the future developments will comply with the R1 regulations, parking requirements, and landscaped front, side, and rear yard areas. The project demonstrates compatible yard-to-yard relationships: rear-to-rear and side-to-side that help make the development pattern compatible with the surrounding area. Street Frontage Improvements The project proposes a new detached sidewalk along McClellan Rd. In addition, the first 30 of the property shall be reserved for street frontage improvements. The private access roadway and cul-de-sac will include a new monolithic sidewalk, curb and gutter, and driveways. Prior to final occupancy, the applicant will be required to work with staff to record a landscape easement located adjacent to and east of the monolithic sidewalk to be maintained as landscaping on the private lots. A condition of approval has been added to reflect this requirement. Conceptual Two-Story Plans The applicant has submitted conceptual site plan and elevations demonstrating that the new lots can facilitate reasonable and compatible house designs. The elevations, architectural details, and façade treatment illustrated in Attachment 5 are intended to be representative of the future residences and are compatible with the existing neighborhood. The applicant/property owner is required to go through a separate design review process prior to the construction of the new homes. General Plan Conformance The General Plan Land Use designation is Low Density Residential (1-5 dwellings per gross acre) and the applicant is proposing a density of 3.12 dwelling unit/acre, which is consistent with City s general plan. Rezoning The project also includes a zoning request to rezone the property from (minimum lot size 10,000 square feet) to (minimum lot sizes of 7,500 square feet). Staff supports the rezoning request because the zoning district is consistent with predominate zoning classification of the neighborhood. In addition, the proposed parcels meet all other single-family residential site development regulations. Trees An arborist report was prepared by one of the City s consulting arborist for the proposed project (see Attachment 2). The City Arborist surveyed approximately 100 trees on the property, most of which were small fruit trees, well below the city standard for protection. The arborist considered 27 of the 100 trees to be significant in size. Of the 27 trees, only one is considered a protected tree per the City s Protected Tree Ordinance (Tree #38, a 36 Coast Live Oak tree). Although the soil beneath the Oak tree canopy is impacted with elevated levels of pesticides, a plan for remediation to save the tree has been reviewed and approved by the City s consulting arborist and the County of Santa Clara, Department of Environmental Health. Additional confirmation sampling will be taken after remediation to ensure no impacted soil remains. If after the remediation the health of the tree declines, a separate tree removal permit will be
required to be applied for and approved prior to removal. A consulting arborist will be required to review all construction, grading, trenching, or excavation work proposed near Tree #38. The recommendations are incorporated as conditions or approval. An English Walnut tree (Tree #46) located at the southwest corner of the property will also remain; however, all other trees will be removed as part of the project to facilitate the future residences and the private road. It is anticipated that future street trees and privacy tree planting will help compensate for this tree loss. ENVIRONMENTAL ASSESSMENT The Initial Study (Attachment 3) was presented before the Environmental Review Committee (ERC) at its meeting of August 1, 2013. The ERC voted unanimously to recommend a Mitigated Negative Declaration for the project to the Planning Commission (Attachment 4). Additional mitigation measures will be required as conditions of approval to reduce impacts of the project to a less than significant level. They include mitigation for: Biological Resources (Tree Removals, Surveys of Nesting Birds & Bats, and Tree Protection Requirements) Cultural Resources (Archaeological or Paleontological Deposits or Human Remains and/or Cultural Material) Hazardous Material (Lead and Pesticide-Impacted Soil, Survey for Asbestos and Lead-Based Paint) Noise (Restriction in Construction Hours and Equipment, and Designation of a Disturbance Coordinator ) Soil Remediation The applicant has commissioned the preparation of a Phase I and Phase II environment assessment. Additional reports were commissioned which indicated elevated levels of lead, arsenic, and pesticides where site samples were taken, most likely attributed to prior agricultural and gardening use. The project is required to remediate the site by removing and disposing impacted soil as prescribed by County of Santa Clara Environmental Health Department. A condition of approval has been added to reflect this requirement. Please refer to the environmental assessment section above for additional information. Other Department/Agency Review The City s Public Works Department, Building Division, the Santa Clara County Fire Department, and the Cupertino Sanitary District reviewed the proposal and have no objections to the project. Their prehearing comments have been incorporated as conditions of approval. PERMIT STREAMLINING ACT This project is not subject to the Permit Streamlining Act since the adoption or amendment of a zoning ordinance is a legislative action. The following are application milestones: Project received: May 29, 2012 Deemed incomplete: June 29, 2012, August 24, 2012, and October 19, 2012 Deemed complete: August 13, 2013
The Planning Commission will make a recommendation to the City Council to render a final decision on the project on September 17, 2013, unless appealed for reconsideration. PUBLIC NOTICING & OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage Posted on the City's official notice (14 days prior to the hearing) bulletin board (one week prior to the Legal ad placed in newspaper hearing) (at least 10 days prior to the hearing) Posted on the City of Cupertino s Web 64 notices mailed to property owners within site (one week prior to the hearing) 300 feet of the project site (10 days prior to the hearing) CONCLUSION Staff recommends approval of the Parcel Map and Rezoning since the project is not anticipated to have significant impacts to the community or immediate area. Additionally, the project is consistent with the general plan, subdivisions ordinance, and conforms to the predominantly single-family residential development pattern, consistent with Chapters 18.20 and 19.28 of the Cupertino Municipal Code. Prepared by: Simon Vuong, Assistant Planner Reviewed by: /s/gary Chao Gary Chao City Planner Approved by: /s/aarti Shrivastava Aarti Shrivastava Community Development Director ATTACHMENTS: 1 Draft Resolutions TM-2012-03, Z-2012-01 2 An Evaluation of the Existing Trees at 20840 McClellan Road, Cupertino, California, prepared by Michael L. Bench, dated December 20, 2011 3 Initial Study for the 20840 McClellan Road Rezoning and Subdivision, prepared by David J. Powers & Associates, dated July 2013 4 Environmental Review Committee recommendation, dated August 1, 2013 5 Plan Set