Z-2011-04b � �,
OFFICE OF THE CITY CLERK
CITY HALL
103Q0 TORRE AVENUE • CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE.: (408) 777-3223• FAX: (408) 777-3366
February 9, 2012
Re: Conduct second reading of Ordinance No. 12-2090, "An Ordinance of the Cupertino City
Council rezoning a portion of one lot and its fronting half-street of 0.456 acre from A1-43
(Agricultural Residential) to R1-20 (Single Family Residential) and the remaining portion of
the lot and its fronting half-street of 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"
At its February 7, 2012 meeting, the Cupertino City Council took the following action: Conducted
the second reading and enacted Ord. No. 12-2090.
Conditions for Z-2011-04 are hereby as follows:
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.
Please review the conditions carefully. If you have any questions regarding the conditions of
approval, please contact the Department of Community Development at 408-777-3308 for
clarification. Failure to incorporate conditions into your plan set will result in delays at the
plan checking stage. If development conditions require tree preservations, do not clear the
site until required tree protection devices are installed.
T/ze conditions of project approval set fort/z 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
/zereby furt/zer notified that the 90-day approval period in which you may protest tlzese fees,
dedications, and other exactions,pursuant to Government Code Section 66020(a), has begun. If
you fail to file a protest witlzin this 90-day period complying with all of tlze requirements of
Section 66020,you will be legally barred from later challenging such exactions.
Any interested person, including the applicant, prior to seeking judicial review of tlze city
council's decision in tlzis matter, must first file a petition for reconsideration witl: the city clerk
February 9, 201L Page 2
witlzin ten days after the council's decision. Any petition so filed must comply witlz municipal
ordinance code�2.08.096.
This letter will serve as your final Permit.
Sincerely,
G �
Grace Schmidt
Acting City Clerk
cc: Community Development
Daryl Fazekas
15621 Loma Vista Ave
Los Gatos, CA 95032
Isaac Segal
11215 Mount Crest P1
Cupertino, CA 95014
Encls. Ord. No. 12-2090
ORDINANCE NO. 12-2090
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL REZONING A PORTION
OF ONE LOT AND ITS FRONTING HALF-STREET OF 0.456 ACRE FROM A1-43
(AGRICULTURAL RESIDENTIAL) TO R1-20 (SINGLE FAMILY RESIDENTIAL)
AND THE REMAINING PORTION OF THE LOT AND ITS FRONTING HALF-
STREET OF 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
WHEREAS, an application was received by the City(Application no. Z-2011-04) for the
rezoning of a property from A1-43 (Agricultural Residential) and R1-10 (Single-Family
Residential) to R1-20 (Single-Family Residential); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed
uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, a map of the subject property is attached hereto as E�ibit A, as a proposed
amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibits A & B, are hereby rezoned
to: R1-20 (Single-Family Residential); and that Exhibit A attached hereto is made part of
the Master 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.
Ordinance No. 12-2090
INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the
17th day of January 2012 and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 7th day of February, 2012, by the following vote:
Vote: Members of the City Council:
AYES: Mahoney, Chang, Sinks, Wong
NOES: None
ABSENT: Santoro
ABSTAIN: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Mark Santoro
Grace Schmidt, Acting City Clerk Mark Santoro, Mayor, City of Cupertino
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LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
foliows:
PARCEL ONE:
PARCEL B OF THAT CERTAIN PARCEL MAP, IN THE CITY OF CUPERTINO, COUNTY 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 FEET 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 Z, 1967 IN BOOK 2Z6 OF MAPS, AT PAGES 27 AND 28.
EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS 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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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 environxnental 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:
/s/Aarti Shrivastava /s/Winnie Lee
Aarti Shrivastava Winnie Lee, Chair
Community Development Director Planning Commission
G:\Planning\PDREPORT\RES\2011\Z-2011-04 res.doc