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Reso 4867 8-Z-97 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4867 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL FOR A REQUEST FROM RESIDENTS TO RE-ZONE JOHN WAY TO LIMIT CONSTRUCTION TO SINGLE STORY. 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 parcels. 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. 8-Z-97 as set forth in the Minutes of the Planning Commission Meeting of September 8, 1997, are incorporated by reference as though fully set forth herein. . Resolution No. 4867 8-Z-97 September 8, 1997 Page -2- ------------------------------------------------------------------------ ------------------------------------------------------------------------ SECTION II: PROJECT DESCRIPTION Application No: 8-Z-97 and 30-EA-97 Applicant: City of Cupertino Location: John Way SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Exhibit A(Ordinance and Zoning Map). PASSED AND ADOPTED this 8th day of September, 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, Doyle, Mahoney and Chairperson Harris NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Roberts ATTEST: APPROVED: � '���' � �� �.� Robert S. Cowan Andrea B. Harris, Chairperson Director of Community Development Planning Commission g:/pdreport/res/r8z97 Ordinance No. AN ORDINANCE OF THE CITY OF CUPERTINO REZONING APPROXIMATELY 4 ACRES FROM R1-10 AND R1-7.5 TO R1-l0i AND R1-7.Si ZONES; THE REZONING . PROPOSES TO ADD THE "i" DESIGNATION WHICH WILL IMPOSE A BUILDING . HEIGHT RESTRICTION OF ONE-STORY NOT TO EXCEED 15 FEET UPON ALL NEW CONSTRUCTION WITHIN THE ZONING BOUNDARY; THE SUBJECT PROPERTY CONSISTS A PORTION OF THE FELTON PARK NO. 3 AND.4 SUBDIVISIONS, TRACT NUMBERS 717 AND 834 AND PARCELS 359-18-52, 359-18-53 AND 359-18-54 WHICH ARE LOCATED ON JOHN WAY. WHEREAS, an application was filed by the City of Cupertino (Application 8-Z-97) for the rezoning of property from R1-10 (single-familyresidential, 10,000 squaze foot minimum lot size) and R1-7.5 (single-family residential, 7,500 square foot minimum lot size) zones to Rl-l0i (single-family residential, 10,000 square foot minimum lot size, single story maximum height) and Rl-7.Si (single-family residential, 7,500 square foot minimum lot size, single story maximum height) zones; and — � WHEREAS, the property to be rezoned are unique to the surrounding area due to the single story building heights and the large lot sizes; and WHEREAS, the single story building height limitation has been agreed upon by a majority � of the subject property owners; and WHEREAS, the single story limit ensures preservation of privacy between homes within the subdivision; and WHEREAS, a description of the subject property is attached hereto as E�ibit "A"; and WHEREAS, a map of the subject property is attached hereto as E�ibit "B" as a proposed amendment to the Master Zoning Map of the City of Cupertino; THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the property described in attached Exhibit "A" be and hereby is rezoned to Rl-l0i (single-familyresidential, 10,000 squaze foot minimum lot size, single story ma�cimumheight) and Rl-7.Si (single-family residential, 7,500 square foot minimum lot size, single story maximum height) zones; and E�ibit "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 6th day of October, 1997 and ENACTED at a regulazmeeting of the City Council of the City of : Cupertino this 20th day of October, 1997, by the following vote: Votes Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino G:/planning/miscelUj ohnord.doc ExhibitA City of Cupertino Rezoning Applicantion No.8-Z-95 Legal Description for Properties Proposed for Rezoning All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, corresponding to the Santa Clara County Assessor Parcel Numbers (APN) listed below: Street Street 'Rd, �11PN ' , �e�t�raI�:Plan Ez�sting Proposed' No. ' Desi a�ion �onin Z�nin ' 20635 Kirwin Lane 359-18-001 Res. Low 1-5 D.U./Gr. Ac. R1-10 Rl-l0i � 10628 John Wa 359-18-002 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10614 John Way 359-18-003 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10596 John Wa 359-18-004 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10580 John Way 359-18-005 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i � 10566 John Way 359-18-006 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i � 10552 John Wa 359-18-007 Res. Low 1-5 D.U./Gr. Ac. Rl -10 R1-1 Oi � 10544 John Way 359-18-052 Res. Low 1-5 D.U./Gr. Ac. R1-7.5 R1-7.Si 10536 John Wa 359-18-053 Res. Low 1-5 D.U./Gr. Ac. R1-7.5 Rl-7.Si 10520 John Wa 359-18-054 Res. Low 1-5 D.U./Gr. Ac. R1-7.5 R1-7.Si 10511 John Way 359-19-001 Res. Low 1-5 D.U./Gr. Ac. R1-10 Rl-l0i 10525 John Way 359-19-002 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10539 John Wa 359-19-003 Res. Low 1-5 D.U./Gr. Ac. R1-10 Rl-l0i 10553 John Wa 359-19-004 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10567 John Way 359-19-005 Res. Low 1-5 D.U./Gr. Ac. R1-10 Rl-l0i 10581 John Wa 359-19-006 Res. Low 1-5 D.UJGr. Ac. R1-10 �1-10i 10597 John Wa 359-19-007 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10615 John Way 359-19-008 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10629 John Wa 359-19-009 Res. Low 1-5 D.U./Gr. Ac. R1-10 R1-l0i 10645 John Wa 359-19-010 Res. Low 1-5 D.U./Gr. Ac. R1-10 Rl-l0i EXHIBIT B �.i iCi yi vi . ROAD R1- 5i +.� � � Blossom Ln. Y � ca � � o o � � J � (� J � Ln. � c o ° � � � REZONE: Approximately 4 gross acres FROM: R1-10 and R1-7.5 TO: R1-l0i and R1-7.Si Note: The "i" designation limits buildings to one-story (15 ft.) in height.