Reso 6723 Z-2012-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6723
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
APPROVAL OF THE REZONING OF A .96 GROSS ACRE LOT, FROM R1-10 (MINIMUM
LOT SIZE OF 10,000 SQUARE FOOT) TO RI-7.5 (MINIMUM LOT SIZE OF 7,500
SQUARE FEET) LOCATED AT 20840 MCLELLAN RD, APN 359-20-031
SECTION I: PROTECT DESCRIPTION & RECITALS
Application No.: Z-2012-01
Applicant: James Chen (Cherryland, LLC)
Property Owner: Sue Jane Han (Cherryland, LLC)
Location: 20840 McClellan Rd (APN 359-20-031)
Subject: Rezoning from R1-10 to R1-7.5
WHEREAS, the Planning Commission of the City of Cupertino received an application for a
Rezoning as described in Section I of this Resolution; and
WHEREAS, the necessary public notices have been given as required by the Procedural
Ordinance of the City of Cupertino, and the Planning Commission held a public hearing on
August 27, 2013 in regard to the application; and
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted
in this matter, the Planning Commission hereby recommends approval of Application no. Z-2012-
01 based upon the findings described in Section II of this resolution, the public hearing record
and the Minutes of Planning Commission Meeting of August 27, 2013, and subject to the
conditions specified in Section III of this resolution.
SECTION II: FINDINGS
1. That the proposed zoning is in accord with this title of the Municipal Code and the City's
Comprehensive General Plan.
The rezoning is in conformance with the General Plan Land Use Map of the City of Cupertino, since
the land use designation will be identical (Low Density, 1-5 density units/gross acre) and is
consistent with all provisions within the City's Municipal Code. For example, the project is
proposing additional housing units for a more balanced ratia of jobs and housing (GP Policy 2-19).
Resolution No.6723 Z-2012-01 August 27,2013
2. The proposed zoning is in compliance with the provisions of the California Environmental
Quality Act (CEQA).
A mitigated negative declaration ("MND") was prepared which analyzed biological resources,
cultural resources, hazardous material, noise, air quality, geology and soils, water quality, parkland
and other potential environmental impacts in accordance with CEQA requirements. The Initial
Study determined that these potential environmental impacts were either less than significant or will
be less than significant with implementation of the required mitigation measures identified in the
MND.
3. The site is physically suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the requested
zoning designation(s) and anticipated land use development(s).
The property involved is adequate in size and shape to conform to the new zoning designation and is
appropriately configured to accommodate reasonable single family dwelling units. The proposed
rezoning is compatible with the adjoining land uses and no physical constraints are present that
would conflict with anticipated land use development. Provision of utilities and related infrastructure
to service the property are required as part of the future development.
4. T'he proposed zoning will promote orderly development of the City.
The rezoning promotes the orderly development of the city in that the rezoning facilitates the
development of additional housing units where municipal services are currently available. The
proposed rezoning mirrors existing single family development pattern within the surrounding
neighborhood.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of subject parcels.
The proposed rezoning is not detrimental to the health, safety, peace, morals and general welfare of the
persons residing or working in the neighborhood of subject parcels, as relevant mitigation measures
will be incorporated as part of the CEQA review process to mitigate potential impacts to a less than
significant level, in addition to adherence to all City regulations.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
Planning Division:
1. APPROVED EXHIBITS
Approval is based on the plan set received September 19, 2012, consisting of four sheets
labeled 1, 2, 3, C-1, entitled, "Tentative Map" drawn by Civil and Structural Engineers; and
the conceptual elevations dated May 20, 2012 consisting of three sheets labeled A3.1, A3.2,
and A3.3, entitled, "Arch. Design Under Separated (sic) Permit", drawn by H.M.C.
Associates, LLP, except as may be amended by conditions in this resolution.
Resolution No.6723 Z-2012-01 August 27,2013
2. ACCURACY OF PROTECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including
but not limited to property boundary locations, building setbacks, property size, building
square footage, any relevant easements and/or construction records. Any misrepresentation
of any property data may invalidate this approval and may require additional review.
3. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the first
page of the building plans.
4. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file no. TM-2012-03 shall be applicable to this
approval.
5. CONDITIONAL APPROVAL
The Rezoning request is only conditionally approved contingent upon the final recordation
of the tentative parcel map indicated as a concurrent approval (TM-2012-03).
6. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its
City Council, its officers, employees and agents (the "indemnified parties") from and against
any claim, action, or proceeding brought by a third party against the indemnified parties and
the applicant to attack, set aside, or void this ordinance or any permit or approval
authorized hereby for the project, including (without limitation) reimbursing the City its
actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole
discretion, elect to defend any such action with attorneys of its choice.
7. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code
Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount
of such fees, and a description of the dedications, reservations, and other exactions. You are
hereby further notified that the 90-day approval period in which you may protest these fees,
dedications, reservations, and other exactions, pursuant to Government Code Section
66020(a), has begun. If you fail to file a protest within this 90-day period complying with all
of the requirements of Section 66020, you will be legally barred from later challenging such
exactions.
SECTION IV: CEQA REVIEW
A Mitigated Negative Declaration for the Rezoning was prepared in accordance with the
California Environmental Quality Act (CEQA) per section 15070 (Decision to Prepare a Negative
or Mitigated Negative Declaration) of the CEQA Guidelines because the initial study identified
potentially significant effects that would be mitigated to a point where clearly no significant
effects would occur.
Resolution No.6723 Z-2012-01 August 27,2013
PASSED AND ADOPTED this 27th day of August, 2013, Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Chair Sun, Vice Chair Brophy, Lee, Gong, Takahashi
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
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Gar�--f�ao Don Sun
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City Planner Chair, Planning Commission
G:\Planning\PDREPORT\RES\2012\Z-2012-01 res.doc