The URL can be used to link to this page

Home My WebLink AboutPC Reso 19394-Z-79 RESOLUTION NO. 1939 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A PREZONING OF 23± ACRES FROM SANTA CLARA COUNTY ZONES R2 -h (TWO FAMILY RESIDENCE) AND CG (GENERAL COMMERCIAL) TO CITY OF CUPERTINO P (PLANNED DEVELOPMENT WITH RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL INTENT) ZONE CONSISTENT WITH THE ADOPTED GENERAL PLAN. APPLICANT: City of Cupertino ADDRESS: 10300 Torre Avenue, Cupertino, California 95014 SUBMITTED: April 6, 1979 LOCATION: Westerly of Freeway Route 85, southerly of University Avenue, easterly of Peninsula Avenue and northerly of Stevens Creek Boulevard. CONDITION: The recommendation for approval is based upon the document labeled Exhibit A "City of Cupertino Conceptual Zoning Plan for the Monta Vista/Peninsula Avenue Area" dated May 14, 1979. PASSED AND ADOPTED this 14th day of May, 1979, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Blaine, Claudy, Koenitzer, Chairman Gatto NAYS: None ABSTAIN: None ABSENT: None VED: TJohnato, Chairman Commission ATTEST: . ames H. Sisk Planning Director Exhibit A Ordinance No. May 14, 1979 CITY OF CUPERTINO CONCEPTUAL ZONING PLAN FOR MONTA VISTA PREZONING PENINSULA AVENUE AREA The purpose of this document is to delineate policies for future development and continued use of approximately 23± acres of developed property located easterly of and adjacent to Peninsula Avenue, southerly of and adjacent to University Avenue, westerly of and adjacent to Freeway Route 85, and northerly of and adjacent to Stevens Creek Boulevard. The property is more clearly defined by the attached map, labeled Figure 1. Prezoning of the Peninsula Avenue area was initiated in response to a petition requesting annexation of the area to the City of Cupertino. The Planned Development Zoning District was chosen as the appropriate zoning to accomplish General Plan consistency as well as design flexibility in view of the existing land division pattern, small lot subdivision, encompassing the entire area. This Conceptual Plan represents the initial step in the approval process. As stated in Section 5.2 of the Planned Development Zoning Ordinance, a City initiated Conceptual Plan shall contain sufficient information to define land use type, intensity, street system, and community design objectives to guide the property owner regarding the use of property. Land Use and Site Design Policies The Conceptual Plan embodies land use and site and building design policies which have the same force of law as conditions of approval associated with privately submitted and approved Planned Development Zoning Districts. Conditions of Approval 1. The zoning approval is based upon the zoning sketch, labeled Figure 1, the 1-14 City of Cupertino Standard Conditions of Approval, and the special conditions of approval enumerated below. 2. The approved land use is Planned Development Residential with an allowed intensity range of 4.4 to 7.7 dwelling units per gross acre and Planned Development with neighborhood commercial intent. The precise zoning boundaries are delineated on the attached sketch, labeled Figure 1. 3. Development of the commercial and residential areas shall be consistent with the goals and policies established as a part of the Stevens Creek Boulevard Plan Line Study - Action Plan. 4. Due to existing lot sizes and/or structure location, there are no specific zoning requirements relative to setbacks, lot coverage and parking with the exception of the requirement set forth in the Uniform Building Code. It is intended that the requirements of the zone (Rl, R2) in which the use is ordinarily permitted will be strived for, however, the City, as a part of the use permit procedure, may establish lesser setbacks, greater lot coverage �nd lesser parking requirements as it deems appropriate. -1- In the event, an applicant's proposal is in keeping with the requirements of the zone in which the use is ordinarily permitted, excepting lot sizes., the Planning Director shall have the ability to approve the plans, and the use permit procedure will not be necessary. 5. The number of dwelling units on a given parcel shall be determined by the density requirements of the adopted General Plan, however, in any event an existing legal lot of record may be utilized for a single- family dwelling if the appropriate setback, lot coverage and parking requirement can be met. 6. Definitions, family size, permitted uses, home occupations, family day care, keeping of animals, etc. shall be in accordance with the zone in which the use is ordinarily permitted. For example, single-family use, reference shall be made to the Rl zone, duplexes to the R2 zone. 7. In the event a residential structure existing at the time this ordinance becomes effective, is destroyed due to fireor other natural phenomena, it may be replaced to the extent that the foundation lines that previously existed are substantially the same. 8. Owners of contiguous, substandard legal lots of record (i.e. legal lots of record which do not conform to the density provisions of the General Plan), shall have the ability to consolidate or reconfigure said lots even when said consolidation or reconfiguration does not conform to the density requirements of the General Plan. Said consolidation or reconfiguration shall be considered only when it results in a more logical development pattern (e.g. improves access to one or more of the parcels involved, provides a more logical pad or lot size to accommodate potential building locations), and when it is determined that it is generally consistent with the character of the surrounding neighborhood. In any case, the property involved in such a request must be appropriately zoned even if said zoning does not strictly conform to the density limitations of the General Plan. The above statements shall not be interpreted to pre-empt any of the adopted policies of the Land Use Element of the General Plan. In no case shall a consolidation or reconfiguration be approved when it results in a number of lots or potential number of dwelling units which exceeds the number of legal lots of record existing at the time of the request. Written Description of Property to be Rezoned Per the attached list labeled "Monta Vista Prezone Peninsula Avenue Area". -2- MONTA VISTA PREZONE PENINSULA AVENUE AREA PREZONE ASSESSOR'S PARCEL NO. EXISTING ZONE* PROPOSED ZONE* 326-22-02 R2 —h P (Residential Intent) 326-22-05 11 „ 326-22-06 it „ 326-22-07 if „ 326-22-08 326-22-09 326-22-10 " 326-22-12 „ 326-22-17 „ 326-22-18 „ 326-22-19 " 326-22-20 " 326-22-21 " 326-22-22 " „ 326-22-23 " 326-22-24 326-22-26 326-22-27 326-22-23 " 326-22-29 " 326-22-30 " 326-22-31 " 326-23-24 " 326-23-25 " MONTA VISTA PREZONE PENINSULA AVENUE AREA ASSESSOR'S PARCEL NO. EXISTING ZONE* PROPOSED ZONE* 326-23-26 R2 -h P (Residential Intent) 326-23-27 it „ 326-23-28 " 326-23-31 " „ 326-23-32 " 326-23-33 326-23-34 " 326-23-35 " 326-23-38 " 326-23-39 „ 326-23-40 326-24-09 326-24-10 326-24-11 " 326-24-12 " „ 326-24-13 326-24-14 " 326-24-15 326-24-16 326-24-17 " 326-24-18 326-24-21 " „ 326-24-22 326-24-23 „ 326-24-24 " 326-24-25 326-24-26 " -7- MONTA VISTA PREZONE PENINSULA AVENUE AREA ASSESSOR'S PARCEL NO. EXISTING ZONE* PROPOSED ZONE* 326-24-27 R2 -h P (Residential Intent) 326-24-28 326-24-29 326-24-30 326-24-34 326-24-35 326-24-36 326-24-37 It 326-24-41 326-24-42 326-24-43 326-24-44 326-24-46 326-24-47 II 326-24-48 326-24-49 326-25-02 CG 326-25-03 326-25-04 R2 -h 326-25-05 326-25-06 I, 326-25-10 CG 326-25-11 326-25-12 P (Commercial Intent) 326-25-13 if 326-25-14 " 1f 326-25-15 II to -3- MONTA VISTA PREZONE PENINSULA AVENUE AREA ASSESSOR'S PARCEL NO. EXISTING ZONE* PROPOSED ZONE* 326-25-16 CG P (Commercial Intent) 326-25-17 326-25-18 "It 326-25-22 R2 -h P (Residential Intent) 326-25-23 it 326-25-28 it 326-25-29 " 326-25-30 CG 326-25-31 " 326-25-33 P (Commercial Intent) 326-26-24 it 326-26-25 II 326-26-26 " * R2 -h - County Two -Family Residence, Architectural & Site Approval CG - County General Commercial P (Residential Intent) - City of Cupertino Planned Development Residential Use Intent, 4.4 to 7.7 DU/AC P (Commercial Intent) - City of Cupertino Planned Development, Neighborhood Commercial Use Intent -4- s