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Z-2012-01b ,�, OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE: (408) 777-3223• FAX: (408)777-3366 To: Planning Department From: Kirsten Squarcia Subject: Applications for a subdivision of a single-family zoned lot into three (3) residential lots and one (1) private roadway area, and rezoning of a single-family zoned property from R1-10 to R1-7.5 Recommended Action: Conduct the second reading and enact Ordinance No. 13-2112:"An Ordinance of the Cupertino City Council approving the rezoning of a .96 gross acre lot, from R1-10 (minimum lot size of 10,000 square foot) to R1-7.5 (minimum lot size of 7,500 square feet) located at 20840 McClellan Rd, APN 359-20-031" Date: November 7, 2013 On November 4 the City Council made the following action: CONDUCTED THE SECOND READING AND ENACTED THE ORDINANCE (WONG ABSENT) ORDINANCE N0. 13-2112 AN ORDINANCE OF THE CUPERTINO CITY COUNCIL APPROVING THE REZONING OF A.96 GROSS ACRE LOT,FROM R1-10 (MINIMUM LOT SIZE OF 10,000 SQUARE FOOT) TO R1-7.5 (MINIMUM LOT SIZE OF 7,500 SQUARE FEET) LOCATED AT 20840 MCCLELLAN RD,APN 359-20-031 WHEREAS, an application was received by the City (Application No. Z-2012-01) for the rezoning of a property from R1-10 (Single-Family Residential, minimum lot size of 10,000 square feet) to R1-7.5 (Single-Family Residential, minimum lot size of 7,500 square feet); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, the necessary public notices have been given and the Planning Commission held one public hearing, recommending to the City Council that the rezoning be granted per resolution No. 6723 (Z-2012-01); WHEREAS, upon due notice, the City Council has held at least one public hearing that the amendment to the Zoning map be granted; and WHEREAS, the City Council finds the following: 1. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. The rezoning is in conformance with the General Plan Land Use Map of the City of Cupertino, since the land use designation will be identical (Low Density, 1-5 density units/gross acre) and is consistent with all provisions within the City's Municfpal Code. For example, the project is proposing additional housing units for a more balanced ratio of jobs and housing (GP Policy 2-19). 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act(CEQA). A mitigated negative declaration ("MND") was prepared which analyzed biological resources, cultural resources, hazardous material, noise, air quality, geology and soils, water quality, parkland and other potential environmental impacts in accordance with CEQA requirements. The Initial Study determined that these potential environmental impacts were either less than significant or will be less than significant with implementation of the required mitigation measures identified in the MND. 3. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). The property involved is adequate in size and shape to conform to the new zoning designation and is appropriately configured to accommodate reasonable single family dwelling units. The proposed rezoning is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. Provision of utilities and related Ordinance No. 13-2112 Page 2 infrastructure to service the property are required as part of the future development. 4. The proposed zoning will promote orderly development of the City. The rezoning promotes the orderly development of the city in that the rezoning facilitates the development of additional hous ing units where municipal services are c urrently available. The proposed rezoning mirrors existing single family development pattern within the surrounding neighborhood. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. The proposed rezoning is not detrimental to the health, safety, peace, morals and general welfare of the persons residing or working in the neighborhood of subject parcels, as relevant mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level, in addition to adherence to all City regulations. NOW, THEREFORE,BE IT ORDAINED AS FOLLOWS: That after careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council based upon the findings described above, the public hearing record and the Minutes of Planning Commission Meeting of August 27, 2013, and subject to the conditions specified below: Section 1. That the property described in attached Exhibits A & B, are hereby rezoned to: R1-7.5 (Single-Family Residential); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino; Section 2. T'hat the Rezoning is contingent upon the final recordation of the tentative parcel map indicated as a concurrent approval(TM-2012-03); and Section 3. 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 17th day of September 2013 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 4th day of November 2013,by the following vote: Vote: Members of the Cit�Council: AYES: Mahoney, Chang, Santoro, Sinks NOES: None ABSENT: Wong ABSTAIN: None ATTEST: APPROVED: /s/Grace Schmidt /s/Orrin Mahoney G race Schmidt, City Clerk Orrin Mahoney, Mayor,City of Cupertino Exhibit A dl oi � I � i ���W��pqp 100.00'N 89°5Ta 0'E — — — — — � — — i I �� �I �' I i I i ( � � � • � � N .�i�.E:1��-0w REZONE: 0.964 AC FROM: R1-10 TO R1-7.5 _. __ ZON IN G P LAT MAP 100�AOr N Ao'0�Oa' ��C.� JOB TI TLE . . . . c:M and sauc�ral Erq�s 2084o I�bCELL/1N ROAD . . . . CtJPERTINO,GA 95014 . . P.O.Baoc 2030�2 . . g�n Jpts„GA 96180 . . . . . (�pg)�.,�1 DATE: 1��� J08 NO.: 1106 J0°�" DRAWN: SHEET: ` OF Exhibit B Order Number: 4322-3912668 Page Number: 6 LEGAL DESCRIPTION Real properly in the City of Cupertino, County of Santa Clara, State of California, described as follows: BEGINNING AT A POINT ON THE CENTER LINE OF MCCLELLAN ROAD, DISTANT THEREON SOUTH 89°57' WEST 200 FEET FROM THE POINT OF INTERSECTION OF THE CENTER LINE OF MCCLELLAN ROAD, WITH THE EASTERLY LINE OF THAT CERTAIN 10.56 ACRE TRACT OF LAND CONVEYED BY THOMAS KERWIN ET UX TO KARL A. FRIEDRICH, BY DEED DATED JANUARY 25, 1905 AND RECORDED JANUARY 27, 1909 IN BOOK 337 OF DEEDS, PAGE 460, RECORDS OF SANTA CLARA COUNTY; THENCE RUNNING SOUTH AND PARALLEL WITH THE EASTERLY LINE OF SAID 10.56 ACRE TRACT OF LAND, 419.75 FEET TO A POINT ON TME NORTHERLY LINE OF THAT CERTAIN 14 ACRE TRACT OF LAND CONVEYED BY THOMAS KERWIN ET UX,TO MARIO BALDESSINI, BY DEED DATED NOVEMBER 8, 1905 AND RECORDED NOVEMBER 8, 1905 IN BOOK 300 OF DEEDS, PAGE 84, SAID NORTHERLY LINE OF SAID 14 ACRE TRACT ALSO BEING THE SOUTHERLY LINE OF SAID 10.56 ACRE TRACT; THENCE NORTH 89°56' EAST AND ALONG THE SOUTHERLY LINE OF SAID 10.56 ACRE TRACT, 100 FEET; THENCE NORTH AND PARALLEL WITH THE EASTERLY LINE OF SAID 10.56 ACRE TRACT, 419.72 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF SAID 10.56 ACRE TRACT OF LAND SITUATE IN AND BEING A PART OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN. APN: 359-20-031 First American Tit/e Z-2012-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6723 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE REZONING OF A .96 GROSS ACRE LOT, FROM R1-10 (MINIMUM LOT SIZE OF 10,000 SQUARE FOOT) TO R1-7.5 (MINIMUM LOT SIZE OF 7,500 SQUARE FEET) LOCATED AT 20840 MCLELLAN RD, APN 359-20-031 SECTION I: PROjECT DESCRIPTION & RECITALS Application No.: Z-2012-01 Applicant: James Chen (Cherryland, LLC) Property Owner: Sue Jane Han (Cherryland, LLC) Location: 20840 McClellan Rd (APN 359-20-031) Subject: Rezoning from R1-10 to R1-7.5 WHEREAS, the Planning Commission of the City of Cupertino received an application for a Rezoning as described in Section I of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission held a public hearing on August 27, 2013 in regard to the application; and NOW, THEREFORE, BE IT RESOLVED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the Planning Commission hereby recommends approval of Application no. Z-2012- 01 based upon the findings described in Section II of this resolution, the public hearing record and the Minutes of Planning Commission Meeting of August 27, 2013, and subject to the conditions specified in Section III of this resolution. SECTION II: FINDINGS 1. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. The rezoning is in conformance with the General Plan Land Use Map of the City of Cupertino, since the land use designation will be identical (Low Density, 1-5 density units/gross acre) and is consistent with all provisions within the City's Municipal Code. For example, the project is proposing additional housing units for a more balanced ratio of jobs and housing (GP Policy 2-19). Resolution No.6723 Z-2012-01 August 27,2013 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). A mitigated negative declaration ("MND") was prepared which analyzed biological resources, cultural resources, hazardous material, noise, air quality, geology and soils, water quality, parkland and other potential environmental impacts in accordance with CEQA requirements. The Initial Study determined that these potential environmental impacts were either less than significant or will be less than significant with implementation of the required mitigation measures identified in the MND. 3. T'he site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). The property involved is adequate in size and shape to conform to the new zoning designation and is appropriately configured to accommodate reasonable single family dwelling units. The proposed rezoning is compatible with the adjoining land uses and no physical constraints are present that would conflict with anticipated land use development. Provision of utilities and related infrastructure to service the property are required as part of the future development. 4. The proposed zoning will promote orderly development of the City. The rezoning promotes the orderly development of the city in that the rezoning facilitates the development of additional housing units where municipal services are currently available. The proposed rezoning mirrors existing single family development pattern within the surrounding neighborhood. 5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. The proposed rezoning is not detrimental to the health, safety, peace, morals and general welfare of the persons residing or working in the neighborhood of subject parcels, as relevant mitigation measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level, in addition to adherence to all City regulations. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. Planning Division: 1. APPROVED EXHIBITS Approval is based on the plan set received September 19, 2012, consisting of four sheets labeled 1, 2, 3, C-1, entitled, "Tentative Map" drawn by Civil and Structural Engineers; and the conceptual elevations dated May 20, 2012 consisting of three sheets labeled A3.1, A3.2, and A3.3, entitled, "Arch. Design Under Separated (sic) Permit", drawn by H.M.C. Associates, LLP, except as may be amended by conditions in this resolution. Resolution No.6723 Z-2012-01 August 27,2013 2. ACCURACY OF PROjECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file no. TM-2012-03 shall be applicable to this approval. 5. CONDITIONAL APPROVAL T'he Rezoning request is only conditionally approved contingent upon the final recordation of the tentative parcel map indicated as a concurrent approval (TM-2012-03). 6. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS T'he 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. SECTION IV: CEQA REVIEW A Mitigated Negative Declaration for the Rezoning was prepared in accordance with the California Environmental Quality Act (CEQA) per section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the CEQA Guidelines because the initial study identified potentially significant effects that would be mitigated to a point where clearly no significant effects would occur. Resolution No.6723 Z-2012-01 August 27,2013 PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chair Sun, Vice Chair Brophy, Lee, Gong, Takahashi NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Garv Chao /s/Don Sun Gary Chao � Don Sun City Planner Chair, Planning Commission G:\Planning\PDREPORT\RES\2012\Z-2012-01 res.doc ZONING PLAT MAP o � � Z Z 0 m � McCLELLAN ROAD 100.00'N 89°57' 0"E — — — — � — — � w UQ al Z Q J J W J� U I� � � jn N � ^ � � � � N � � � � 0 0 Z Z SCAL E: 1"=60'-0" REZONE: 0.964 AC FROM: R1-10 TO R 1-7.5 , , , . James C. Chen JOB TI TLE Civil and Structural Engineers 20840 MCCELLAN ROAD � � � CUPERTINO, CA 95014 ' • • 2881 Meridian Ave., Unit 118 • • San Jose,CA 95124 , , , , , (408)622-8251 DATE: 05�24�12 JOB NO.: 1105 Jameschencese@gmail.com DRAWN: �� SHEET: OF lEGAL DESCRIPTION Real property in the Gity of CUPERTINO, County of Santa Clara,State of CA, described as follows: BEGINNING AT A AOIM"ON THE CENTER LINE OF MCLELLAN ROAQ, DISTAM'THEREON SOUTH 84° 57`WES1"200 FEET FROM THE POINT OF INTERSECtTON OF TME CENTER LINE O�MCLELtAN ROAQ, W1TH THE EASfERLY LINE�F THAT CERTAIN 10.56 ACRE TRACT OF LAND CON1/EYED BY Tt-IOMAS KERWIN Ei1.lX TO KARL A, FRIEDRICH, BY DEED DATED JANUARY 25, 1905 AND RECARDED JANUARY 27, 1909 IN BOOK 337 OF DEEDS, PAGE 46Q, RECORDS OF SANTA GLARA CQUNTY; THENCE SQIJTH 89°57'WEST AND ALONG THE�ENTER LINE�F MGLELIAN ROAD, 100 FEEf; THENCE RUNNING SOUTH AfVD PARALI..EL W1TN THE�ASTERLY LINE OF SAID 10.56 ACRE TRACT QF WND,419.75 FEE1"TO A POIIVT ON THE NORTHERLY LINE OF THAT CERTAIN 14 ACRE TRACf OF LAND CONVEYED BY THOMAS KERWIN El'UX,TO MARIO BALDESSINI, BY DEED DATED NOVEMBER 8, 19Q5 AND RECORpED NOVEMBER 8, 19Q5 IN BOOK 30Q OF DEEDS, PAG�8�,SAID NORTHERLY LINE OF SAID 14 ACRE TRACT ALSO BEING THE SOUTMERLY LINE OF SAID 10.56 ACRE TRAGT; THENCE NORTN 89° 56'EAST AND ALONG TH�SOUTH�RLY LIN�QF SATD 10.56 ACRE TRACT, 1U4 FEEf;THENCE NQRTH AND PARALLEL WITH THE EASTERLY LINE OF SAID 10.56 ACRE TRA�'f, 419,72 FEk?TD THE POINT QF BEGINNING ANq BEING A PORlION OF SAID iQ.56 ACRE TRACT QF tAND SITUATE IN AND BEING A PART OF`ftiE NORTHWESf 1/4 OF SECTION Z4,TAWNSHIP 7 SOUTFi, RANGE 2 WESi', MOUNT DIA6L0 BASE AND MERIpIAN, APN: 359-20-431 • • or a 1 lona . n orma 1 on ee 1 e _ _