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Z-2010-02b ORDINANCE NO. 10-2057 AN ORDINANCE OF THE CUPERTINO CITY COUNCIL RE-ZONING OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING RE-ZONING OF: REZONING APPROXIMATELY 59.13 ACRES, CONSISTING OF 27 PARCELS LOCATED IN THE NORTH DE ANZA BOULEVARD CONCEPTUAL PLAN AREA GENERALLY LOCATED WEST OF NORTH DE ANZA BOULEVARD, NORTH OF LAZANEO DRIVE AND SOUTH OF THE 280 FREEWAY FROM PLANNED DEVELOPMENT (CG, ML, RES 4- 10) TO PLANNED DEVELOPMENT (CG, ML, RES) REZONING APPROXIMATELY 3.15 ACRES LOCATED IN THE NORTH DE ANZA BOULEVARD CONCEPTUAL PLAN AREA WEST OF BANDLEY DRIVE, FROM PLANNED DEVELOPMENT (CG, ML, BQ, RES 4-10) TO PLANNED DEVELOPMENT (CG, ML, BQ, RES) REZONING APPROXIMATELY 6.21 ACRES, CONSISTING OF 25 RESIDENTIAL PARCELS LOCATED ON ARCADIA COURT AND ALONG THE NORTH SIDE NEAR THE TERMINUS OF GREENLEAF DRIVE, FROM PLANNED DEVELOPMENT (CG, ML, RES 4- 10) TO R1-7 WHEREAS, the City Council of the City of Cupertino received an application for the rezoning of property, as described in this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the City Council has held one or more public hearings on this matter; and WHEREAS, the City Council finds that the subject rezoning meets the following requirements: 1) That the rezoning is in conformance with the 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. WHEREAS, a map of the subject property is attached hereto as Exhibit A, as a proposed amendment to the Master Zoning Map of the City of Cupertino. WHEREAS, a zoning plat description of the property is attached hereto as Exhibit B. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Ordinance No. 10-2057 Section 1. That the property described in attached Exhibit A& B are hereby rezoned and that Exhibit A attached hereto is made part of the Zoning Map of the City of Cupertino; and Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 6 th day of April, 2010 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 20th day of Apri12010, by the following vote: Vote: Members of the City Council: AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Kris Wang City Clerk Mayor, City of Cupertino Z-2010-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6586 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING RE-ZONING OF: 59.13 ACRES FROM P(CG,ML,RES 4-10), PLANNED GENERAL COMMERCIAL, LIGHT INDUSTRIAL AND RESIDENTIAL WITH A DENSITY OF 4-10 UNITS PER GROSS ACREA, TO P(CG, ML,RES), PLANNED GENERAL COMMERCIAL, LIGHT INDUSTRIAL AND RESIDENTIAL 6.21 ACRES FROM P(CG, ML, RES 4-10), PLANNED GENERAL COMMERCIAL, LIGHT INDUSTRIAL AND RESIDENTIAL WITH A DENSITY OF 4-10 UNITS PER GRPSS ACRE, TO R1-7, SINGLE FAMILY RESIDENTIAL WITH A MINIMUM LOT SIZE OF 7,000 SQUARE FEET 3.15 ACRES FROM P(CG, ML, BQ, RES 4-10), PLANNED GENERAL COMMERCIAL, LIGHT INDUSTRIAL, QUASI-PUBLIC BUILDINGS, AND RESIDENTIAL WITH A DENSITY OF 4-10 UNITS PER GROSS ACRE, TO P(CG, ML, BQ, RES), PLANNED GENERAL COMMERCIAL, LIGHT INDUSTRIAL, QUASI-PUBLIC BUILDINGS, AND RESIDENTIAL SECTION I: PROTECT DESCRIPTION Application No.: Z-2010-02 Applicant: City of Cupertino Location: Area in the N De Anza Boulevard Conceptual Plan Area generally located west of N. De Anza Boulevard, north of Lazaneo Drive and south of 280 Fwy and residential parcels located on Arcadia Court & along the north side near the terminus of Greenleaf Drive SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described in 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 meets the following requirements: Resolution No. 6586 Z-2010-02 March 9, 2010 Page 2 1) That the rezoning is in conformance with the 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, application no. Z-2010-02 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-2010-02, as set forth in the Minutes of the Planning Commission Meeting of March 9, 2010, 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 Attachment 6: Legal Descriptions and Zoning Plat Map, except as may be amended by the Conditions contained in this Resolution. PASSED AND ADOPTED this 9th day of March 2010, at a Regular Meeting of the City Council of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Kaneda, Miller, Giefer NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gary Chao /s/Paul Brophy Gary Chao � Paul Brophy, Chair City Planner Planning Commission AREA 1 ZONING PLAT DESCRIPTION 27 PARCELS IN THE NORTH DE ANZA BOULEVARD PLANNING AREA CUPERTINO, CALIFORNIA Area to be rezoned from P(CG, ML, Res 4-10) to P(CG, ML, Res) All of that certain reat property, situate in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows; Being the portion of land bounded within the below described public rights of way and property lines as follows: Beginning at the intersection of the centerline of Lazaneo Drive, and the centerline of North De Anza Boulevard, and proceeding westerly, along the centerline of Lazaneo Drive, to the intersection of the centerline of Lazaneo Drive, and the centerline of Bandley Drive; Thence, proceeding northerly, along the centerline of Bandley Drive, to the intersection of the centerline of Bandley Drive, and the centerline of Valley Green Drive; Thence, proceeding westerly, along the centerline of Valley Green Drive, to the intersection of the centerline of Valley Green Drive, and the centerline of Beardon Drive; Thence, proceeding northerly, along the centerline of Beardon Drive, to the end of said centerline of Beardon Drive; Thence, continuing along the projection of the centerline of Beardon Drive, said projection being also the common property line between Lot 1, located on westerly side of said projection, as said lot is shown on Tract No. 4776, which was filed for record in Book 260 of Maps at pages 52 and 53, and Parcels 3 and 4, located on the easterly side of said projection, as said parcels are shown on that certain Parcel Map, which was filed for record in Book 344 of Maps at Page 10, and proceeding northerly, along said common property line to the southerly right of way line of Interstate 280; Thence, proceeding easterly, along the southerly right of way line of Interstate 280, to the northwest corner of Parcel 1, as said parcel is shown on that certain Parcel Map, which was filed for record in Book 344 of Maps at Page 10; Thence, proceeding southerly, along the westerly property line of said Parcel 1, to the southwesterly corner of said Parcel 1; Thence, proceeding easterly, along the southerly property line of said Parcel 1, to the southeasterly corner of said Parcel 1; Thence, continuing along the projection of said southerly line of said Parcel 1, to the centerline of North De Anza Boulevard; Thence, proceeding southerly, along the centerline of North De Anza Boulevard, to the intersection of the centerline of North De Anza Boulevard, and the centerline of Lazaneo Drive, said point, being the Point of Beginning; In addition thereto, the following properties, and those portions of land located within the right of way, from the property line to the centerline of the street, along the frontage of said properties, are included in this description; 1) Being all of Parcel 'A', as said parcel is shown on that certain Parcel Map, which was filed for record on June 11, 1975, in Book 357 of Maps at Page 16, Santa Clara County Official Records. 2) Being all of Lots 1 through S, as said lots are shown on Tract No. 9748, which was filed for record on December 14, 2005, in Book 484 of Maps at Pages 48 & 49, Santa Clara County Official Records. 3) Being all of Parcel B, as said parcel is shown on that certain Parcel Map, which was filed for record on luly 29, 1980, in Book 468 of Maps at Page 9, Santa Clara County Official Records. 4) Being all of Parcel A, as said parcel is shown on that certain Parcel Map, which was filed for record on December 22, 1980, in Book 477 of Maps at Pages 28 & 29, Santa Clara County Official Records. 5) Being that portion of Lot 19, located west of'Future Bandley Drive', as said lot is shown on that certain Record of Survey, which was filed for record on August 24, 1972, in Book 307 of Maps at page 29, Santa Clara County Official Records. The areas described herein containing approximately 59.13 +/- acres. End of Description. AREA 2 ZONING PLAT DESCRIPTION 25 PARCELS LOCATED ON ARCADIA COURT AND ALONG GREENLEAF DRIVE CUPERTINO, CALIFORNIA Area to be rezoned from P(CG, ML, Res 4-10) to R1-7 All of that certain real property, situate in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows; Being all of Lots 1 through 25, as said lots are shown on Tract No. 6259, which was filed for record on April 7, 1978, in Book 416 of Maps at Pages 23 & 24, Santa Clara County Official Records. In Addition thereto, that portion of land located within the right of way, along the frontage of said properties, to the centerline of the street, is included in this description; Containing approximately 6.21 +/- acres. End of Description. AREA 3 ZONING PLAT DESCRIPTION 10455 BANDLEY DRIVE CUPERTINO, CALIFORNIA Area to be rezoned from P(CG, ML, BQ, Res 4-10) to P(CG, ML, BQ, Res) All of that certain real property, situate in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows; Being all of Parcel 1, as said parcel is shown on that certain Parcel Map, which was filed for record on January 24, 1979, in Book 434 of Maps at Page 42, Santa Clara County Official Records. In Addition thereto, that portion of land located within the right of way, along the frontage of said property, to the centerline of Bandley Drive, is included in this description; Containing approximately 3.15 +/- acres. End Description � ; � � Z J 1 ,'' i .. ` � � � ra 11� 21�Td - _ ------- -------------------- -------- '� � � O V � ; E � .. � _ - � � N � a � � � ; . �..1.� _ - __..__ _....�.�. � .._��._,..�Q �,.� � J , � � . 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