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Reso 4902 1-Z-98 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 4902 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL TO PREZONE AN EXISTING SINGLE FAMILY RESIDENTIAL LOT TO PRE-R1-10 (SINGLE FAMILY RESIDENTIAL) LOCATED AT 20696 GARDEN GATE DRIVE SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a prezoning of property, 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 prezoning meets the following requirements: a) That the prezoning 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 prezoning designation. c) That the new prezoning encourages the most appropriate use of land as compared to the majority of other parcels in this same district. d) That the proposed prezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subj ect parcels. e) That the prezoning promotes the orderly development of the city. fl That the prezoning is contiguous to City boundaries and does not involve a disproportionate amount of right-of-way in relation to the size of the parcel. 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-98 as set forth in the Minutes of the Planning Commission Meeting of March 18, 1998, are incorporated by reference as though fully set forth herein. Resolution No. 4902 1-Z-98 March 18, 1998 Page -2- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- SECTION II: PROJECT DESCRIPTION Application No: 1-Z-98 Applicant: Ji-Chung Lee Location: 20696 Garden Gate Drive SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Plat map (Exhibit A) and legal description (Exhibit B). ----------------------------------------------------------------------- ----------------------------------------------------------------------- PASSED AND ADOPTED this 18th day of March 1998, at a Special Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Robert S. Cowan Donna Austin, Chairwoman Director of Community Development Planning Commission g:planning/pdreport/res/r 1 z98 Exhi6it B Property Legal Description for Zoning File No. 1-Z-98 All of that certain real property situated in the County of Santa Clara, State of California, being all of Lot 177, as shown on that certain map entitled "Tract No. 783, GARDEN GATE VILLAGE ADDITION," which map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 6, 1950 in Book 30 of Maps, pages 30, 31, 32 and 33. EXCEPTING therefrom all water, water rights, interest or claims whether riparian, appropriated, prescriptive or otherwise appurtenant to said lands or otherwise, as reserved in the deed from John F. Alves, et ux, to Calor Construction Co., dated August 10, 1950, recorded August 11, 1950 in Book 2033 of official records, page 130. Date: March 2, 1998 APN: 326-33-016