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Reso 4810 1-Z-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4810 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO REZONE A.25 ACRE PARCEL FROM R3 TO R1-10 SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a change 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: a) That the change of zone is in conformance with the General Plan of the City of Cupertino, b) That the property involved is adequate in size and shape to conform to the new zoning designation. c) That the new zone encourages the most appropriate use of land as compared to the majority of other parcels in this same district. d) That the proposed change of zone is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject pazcels. e) That the change of zone 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, 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 No. 1-Z-97 as set forth in the Minutes of the Planning Commission Meeting of January 27, 1997, are incorporated by reference as though fully set forth herein. Resolution No. 4810 1-Z-97 January 27, 1997 Page -2- SECTION II: PROJECT DESCRIPTION Application No: 1-Z-97 Applicant: City of Cupertino Location: 22371 Cupertino Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Ordinance No. 1756 and the plat map (Exhibit D) and legal description (Exhibit E). PASSED AND ADOPTED this 27th day of January, 1997, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin, Mahoney, Roberts and Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Doyle ABSENT: COMMISSIONERS: ATTEST: APPROVED: ����-��-.-= , Robert Cowan Andrea Harris, Chairperson Director of Community Development Planning Commission g: /pdreport/res/r 1 z97 , QRDINANCE NO. 1756 , - t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING TITLE 19 OF THE CUPERTINO MUNICIPAL CODE BY REZONING A.25 ACRE PARCEL LOCATED AT 22371 CUPERTINO ROAD FROM MEDIUM-HIGH DENSITY RESIDENTIAL 10-20 DWELLING UNITS PER GROSS ACRE (R3) TO LOW DENSITY RESIDENTIAL 1-5 DWELLING UNITS PER GROSS ACRE (R1-10) ZONE -(APPLICATION NO. 1-Z-97) WHEREAS, the City Council directs the rezoning of the property from Medium-High Density Residential 10-20 dwelling units per gross acre to Low Density Residential 1-5 dwelling units per gross acre (Application 1-Z-97); 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 property to be rezoned is presently zoned R-3 designation; and WHEREAS, a map of the subject property is attached hereto as E�ibit "D" as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: ection 1. That the properties described in attached E�chibit "E be and hereby are rezoned to R-1, and that Exhibit "D" attached hereto is made part of the Master Zoning Map of the City of Cupertino. ection � 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 21 st day of April, 1997, and ENACTED at a regular meeting of the City Council of the City of Cupertino this Sth day of May, 1997, by the following vote: Vote ���mbers of the Citv o�ncil AYES: Burnett, Chang, Dean, Sorensen, Bautista NOES: None ABSENT: None ABSTAIN None ATTEST: APPROVED: /s/ Kimberly Smith /s/ John Bautista City Clerk Mayor, City of Cupertino g:/pdrepordord/ordiz97 � EXHIBIT D � L ZoN►n1G��LATMAP R�ZOuE o. 2s �c F1�0� R 3 TO � � 589°5 3' � 72• 92 ' A p �l 326- ►5-0 !O �22 3T1 L ot ( o.� Rec • o�. !�' � Sunley W� M SO �� d � , C Q1 �- � 5 CAL.E : t"� 4 0� OL � � MAY �5, i996 �-- D � � rn �- .� V i Z ^ `� il.� Q�� v J . �2 -a � N SJ°53"W � � _ — — N Id� �95'± _ � — -- � CUPE(�Tt�t4 ROAD ; � , , .. .,�: EXHIBIT E � LEGAL D�.SC� 2 PT I ON � FOR REZON 2 NG I LOCATION: 22371 CUPERT7N0 ROAD APN: 326-15-010 ' 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 109 of Maps at page 50, in the Office of the Recorder of said County, described as follows: Heginning at the southwest corner of 'said Lot 1 on rhe ' norther]y 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. 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