Reso 6680 Z-2011-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6680
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE RE-ZONING OF ONE LOT WITH APPROXIMATELY 0.456 ACRE
FROM A1-43 (AGRICULTURAL RESIDENTIAL) TO R1-20 (SINGLE-FAMILY RESIDENTIAL)
AND APPROXIMATELY 0.319 ACRE FROM R1-10 (SINGLE-FAMILY RESIDENTIAL) TO
R1-20 (SINGLE-FAMILY RESIDENTIAL) LOCATED AT 11215 MOUNT CREST PLACE,
APN 356-26-026.
SECTION I: PROTECT DESCRIPTION
Application No.: Z-2011-04 (EA-2011-13)
Applicant: Daryl Fazekas (for Isaac Segal)
Location: 11215 Mount Crest Place (APN 356-26-026)
SECTION II: FINDINGS FOR REZONING
WHEREAS, the Planning Commission of the City of Cupertino received an application for the
rezoning 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 this matter; and
WHEREAS, the Planning Commission finds that the subject rezoning meet the following
requirements:
1) That the rezoning is in conformance with the proposed General Plan of the City of
Cupertino.
2) That the property involved is adequate in size and shape to conform to the new zoning
designation.
3) That the new zoning encourages the most appropriate use of land.
4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject parcels.
5) That the rezoning 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, a Negative Declaration for environmental review purposes is recommended for
approval, and application no. Z-2011-04 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 Z-2011-04, as set forth
Resolution No. 6680 Z-2011-04 November 7,2011
in the Minutes of the Planning Commission Meeting of November 7, 2011 and are incorporated
by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A: Zoning Plat Map, and Exhibit B:
Legal Description.
PASSED AND ADOPTED this 7th day of November 2011, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Lee, Vice Chair Miller, Brophy, Sun, Brownley
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
- -'' r-,.- -
,`,. ►
Aarti Shrivastava Winnie Lee, ai
Community Development Director Planning Commissi
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LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
PARCEL B OF THAT CERTAIN PARCEL MAP, IN THE CITY OF CUPERTINO, COUNIY OF SANTA
CLARA, STATE OF CALIFORNIA WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON NOVEMBER 19,
1968 IN BOOK 244 OF MAPS, AT PAGE 46.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF CONVEYED TO SALVATORE A.
MARCHESE, ET UX, BY DEED DATED SEPTEMBER 22, 1969 AND RECORDED NOVEMBER 5, 1969
IN BOOK 8727 OF OFFICIAL RECORDS, PAGE 477, DESCRIBED AS FOLLOWS:
PORTION OF PARCEL B, AS SHOWN ON PARCEL MAP RECORDED IN BOOK 244 OF MAPS, AT
PAGE 46, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B, AS SHOWN SAID PARCEL MAP;
THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 0° 14' 21" EAST, 143.78 FEEi'TO
THE NORTHWEST CORNER OF Said PARCEL; THENCE ALONG THE NORTHERLY LINE OF SAID
PARCEL, SOUTH 53° 47' 23" EAST, 21.04 FEET; THENCE LEAVING SAID NORTHERLY LINE,
SOUTH 07° 37' 10" WEST, 132.52 FEET TO THE POINT OF BEGINNING.
PARCEL TWO:
LOT 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT N0. 4308" WHICH MAP WAS
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, ON AUGUST 2, 1967 IN BOOK 226 OF MAPS, AT PAGES 27 AND 28.
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGNTS GRANTED BY TRANSAMERICA
TITLE INSURANCE COMPANY, A CORPORATION, TO SAN JOSE WATER WORKS. A CALIFORNIA
CORPORATION, BY INSTRUMENT DATED AUGUST 25, 1967 AND RECORDED AUGUST 28, 1967
IN BOOK 7836 OF OFFICIAL, RECORDS, PAGE 203.
ALSO EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS GRANTED BY JAMES D.
MACDONALD, ET AL, TO THE City OF CUPERTINO, A MUNICIPAL CORPORATION, BY
INSTRUMENT DATED AUGUST 2, 1967 AND RECORDED SEPTEMBER 1, 1967 IN BOOK 7843 OF
OFFICIAL RECORDS, PAGE 463.
APN: 356-26-026-00
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