Reso 4726 2-Z-96
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4726
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING DENIAL TO REZONE A 10,165 SQ. FT. PARCEL
FROM R-3 TO PLANNED DEVELOPMENT RESIDENTIAL (10 TO 20 DWELLING
UNITS PER GROSS ACRE)
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a chan�e
of zone, as described on this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on the subject application; and
WHEREAS, the Planning Commission finds that the subject change of zone meets the following
requirements:
1. The characteristics of a development as designed using the existing density range is not in
character with the primarily single family neighborhood. These characteristics include
setbacks, lack useable rear yard area, extraordinary tree removal and high floor area
ratios.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in
this matter, the application for change of zone is hereby recommended for approval; and
That the subconclusions upon which the findings and conditions specified in this Resolution are
based and contained in the Public Hearing record concerning Application 2-Z-96 as set forth in the
Minutes of the Planning Commission Meeting of July 8, 1996, and are incorporated by reference as
though fully set forth herein.
Resolution No. 4726 (2-Z-96) July 8, 1996
Page -2-
SECTION II: PROJECT DESCRIPTION
Application No(s): 2-Z-96
Applicant: Lily Chang, Inc. and WBF Enterprise LLC
Property Owner: Same
Location: 22371 Cupertino Road
PASSED AND ADOPTED this 8th day of July, 1996, at a Regular Meeting of the Plannin�;
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Doyle, Harris, Mahoney, Roberts
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: Austin
ATTEST: APP VED:
Robert Cowan Paul Roberts, Chairman
Director of Community Development Planning Commission
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ORDINANCE NO. 173�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19 OF THE CUPERTINO MLJNICIPAL CODE BY
REZONING A PARCEL LOCATED AT 22371 CUPERTINO ROAD FROM
R-3 TO PLANNED RESIDENTIAL ZONE (APPLICATION 2-Z-96)
WHEREAS, an application was filed by the City of Cupertino (Application 2-Z-96) for
the rezoning of property from multi-family residential ; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and �
WHEREAS, the properties to be rezone are presently in R-3 zone ; and
� -
�" WHEREAS, a map of the subject property is attached hereto as Exhibit A as a proposed
amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
�,ction 1• That the properties described in attached E�chibit B be and hereby are �
rezoned to Planned Development Residential ; and that Exhibit A& B attached hereto is made
part of the Master Zoning Map of the City of Cupertino.
Section 2• This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this
3rd day of September , 1996 and ENACTED at a regular meeting of the City Council of
the City of Cupertino this 16th day of September , 1996, by the following vote:
Vote Members of the Citv Council
AYES: Bautista, Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Do n Burnett
City Clerk Mayor, City of Cupertino
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LEGAL D�.SC� I PT I ON
F O R R E Z O N I N G
LOCATION: 22371 CUPERT7N0 ROAD
APN: 326-15-0'10
All that certain real property situated in the City uf
Cupertino, County of Santa Clara, State of California, being
all of Lot 1, as said Lot is shown upon that certain Record
of Survey filed for record on April 8, 1959 in Book 104 of
Maps at page 50, in the Office of the Recorder of said County,
described as follows: .
Beginning at the southwest corner of 'said Lot 1 on the '
northerly line of Cupertino Road (formerly Stevens Creek
Road) as shown upon said Record of Survey.; thence along the
� westerly line of said Lot 1, N4'40'W 149.93 feet to the
northwest corner thereof; thence along the northerly line
thereof, S89'S3'E 72.92 feet to the northeast corner thereof;
thence along the easterly line thereof S4'40'E 149.93 feet to
the northerly line of Cupertino R�ad; thence parallel with
the centerline of said Road and distant thereon 20 feet,
right angle measure, N89'S3'W 72.92 feet to the point of
beginning. . � �
Containing 0.250 of an acre, more or less. �
Date: May 15, 1996
� Prepared by: E.J. Hahamian
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