Z-2012-01b ,�,
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N O TELEPHONE: (408) 777-3223• FAX: (408)777-3366
To: Planning Department
From: Kirsten Squarcia
Subject: Applications for a subdivision of a single-family zoned lot into three (3)
residential lots and one (1) private roadway area, and rezoning of a single-family zoned
property from R1-10 to R1-7.5
Recommended Action: Conduct the second reading and enact Ordinance No. 13-2112:"An
Ordinance of the Cupertino City Council approving the rezoning of a .96 gross acre lot,
from R1-10 (minimum lot size of 10,000 square foot) to R1-7.5 (minimum lot size of 7,500
square feet) located at 20840 McClellan Rd, APN 359-20-031"
Date: November 7, 2013
On November 4 the City Council made the following action:
CONDUCTED THE SECOND READING AND ENACTED THE ORDINANCE
(WONG ABSENT)
ORDINANCE N0. 13-2112
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
APPROVING THE REZONING OF A.96 GROSS ACRE LOT,FROM R1-10 (MINIMUM LOT
SIZE OF 10,000 SQUARE FOOT) TO R1-7.5 (MINIMUM LOT SIZE OF 7,500 SQUARE FEET)
LOCATED AT 20840 MCCLELLAN RD,APN 359-20-031
WHEREAS, an application was received by the City (Application No. Z-2012-01) for the
rezoning of a property from R1-10 (Single-Family Residential, minimum lot size of 10,000 square
feet) to R1-7.5 (Single-Family Residential, minimum lot size of 7,500 square feet); and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, the necessary public notices have been given and the Planning Commission
held one public hearing, recommending to the City Council that the rezoning be granted per
resolution No. 6723 (Z-2012-01);
WHEREAS, upon due notice, the City Council has held at least one public hearing
that the amendment to the Zoning map be granted; and
WHEREAS, the City Council finds the following:
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 Municfpal Code. For example, the project is
proposing additional housing units for a more balanced ratio of jobs and housing (GP Policy 2-19).
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
Ordinance No. 13-2112
Page 2
infrastructure to service the property are required as part of the future development.
4. The 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 hous ing units where municipal services are c urrently 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.
NOW, THEREFORE,BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, the City Council based upon the findings described above, the public
hearing record and the Minutes of Planning Commission Meeting of August 27, 2013, and
subject to the conditions specified below:
Section 1. That the property described in attached Exhibits A & B, are hereby rezoned to:
R1-7.5 (Single-Family Residential); and that Exhibit A attached hereto is made part of the
Master Zoning Map of the City of Cupertino;
Section 2. T'hat the Rezoning is contingent upon the final recordation of the tentative parcel
map indicated as a concurrent approval(TM-2012-03); and
Section 3. 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
17th day of September 2013 and ENACTED at a regular meeting of the City Council of the City
of Cupertino the 4th day of November 2013,by the following vote:
Vote: Members of the Cit�Council:
AYES: Mahoney, Chang, Santoro, Sinks
NOES: None
ABSENT: Wong
ABSTAIN: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Orrin Mahoney
G race Schmidt, City Clerk Orrin Mahoney, Mayor,City of Cupertino
Exhibit A
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REZONE: 0.964 AC
FROM: R1-10
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ZON IN G P LAT MAP
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c:M and sauc�ral Erq�s 2084o I�bCELL/1N ROAD
. . . . CtJPERTINO,GA 95014
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. . . . . (�pg)�.,�1 DATE: 1��� J08 NO.: 1106
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Exhibit B
Order Number: 4322-3912668
Page Number: 6
LEGAL DESCRIPTION
Real properly in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
BEGINNING AT A POINT ON THE CENTER LINE OF MCCLELLAN ROAD, DISTANT THEREON
SOUTH 89°57' WEST 200 FEET FROM THE POINT OF INTERSECTION OF THE CENTER LINE OF
MCCLELLAN ROAD, WITH THE EASTERLY LINE OF THAT CERTAIN 10.56 ACRE TRACT OF LAND
CONVEYED BY THOMAS KERWIN ET UX TO KARL A. FRIEDRICH, BY DEED DATED JANUARY 25,
1905 AND RECORDED JANUARY 27, 1909 IN BOOK 337 OF DEEDS, PAGE 460, RECORDS OF
SANTA CLARA COUNTY; THENCE RUNNING SOUTH AND PARALLEL WITH THE EASTERLY LINE
OF SAID 10.56 ACRE TRACT OF LAND, 419.75 FEET TO A POINT ON TME NORTHERLY LINE OF
THAT CERTAIN 14 ACRE TRACT OF LAND CONVEYED BY THOMAS KERWIN ET UX,TO MARIO
BALDESSINI, BY DEED DATED NOVEMBER 8, 1905 AND RECORDED NOVEMBER 8, 1905 IN
BOOK 300 OF DEEDS, PAGE 84, SAID NORTHERLY LINE OF SAID 14 ACRE TRACT ALSO BEING
THE SOUTHERLY LINE OF SAID 10.56 ACRE TRACT; THENCE NORTH 89°56' EAST AND ALONG
THE SOUTHERLY LINE OF SAID 10.56 ACRE TRACT, 100 FEET; THENCE NORTH AND PARALLEL
WITH THE EASTERLY LINE OF SAID 10.56 ACRE TRACT, 419.72 FEET TO THE POINT OF
BEGINNING AND BEING A PORTION OF SAID 10.56 ACRE TRACT OF LAND SITUATE IN AND
BEING A PART OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 2 WEST,
MOUNT DIABLO BASE AND MERIDIAN.
APN: 359-20-031
First American Tit/e
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 R1-7.5 (MINIMUM LOT SIZE OF 7,500
SQUARE FEET) LOCATED AT 20840 MCLELLAN RD, APN 359-20-031
SECTION I: PROjECT 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 ratio 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. T'he 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. The 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 PROjECT 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
T'he 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
T'he 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:
/s/Garv Chao /s/Don Sun
Gary Chao � Don Sun
City Planner Chair, Planning Commission
G:\Planning\PDREPORT\RES\2012\Z-2012-01 res.doc
ZONING PLAT MAP
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SCAL E: 1"=60'-0"
REZONE: 0.964 AC
FROM: R1-10
TO R 1-7.5
, , , . James C. Chen JOB TI TLE
Civil and Structural Engineers 20840 MCCELLAN ROAD
� � � CUPERTINO, CA 95014
' • • 2881 Meridian Ave., Unit 118
• • San Jose,CA 95124
, , , , , (408)622-8251 DATE: 05�24�12 JOB NO.: 1105
Jameschencese@gmail.com DRAWN: �� SHEET: OF
lEGAL DESCRIPTION
Real property in the Gity of CUPERTINO, County of Santa Clara,State of CA, described
as follows:
BEGINNING AT A AOIM"ON THE CENTER LINE OF MCLELLAN ROAQ, DISTAM'THEREON SOUTH 84°
57`WES1"200 FEET FROM THE POINT OF INTERSECtTON OF TME CENTER LINE O�MCLELtAN ROAQ,
W1TH THE EASfERLY LINE�F THAT CERTAIN 10.56 ACRE TRACT OF LAND CON1/EYED BY Tt-IOMAS
KERWIN Ei1.lX TO KARL A, FRIEDRICH, BY DEED DATED JANUARY 25, 1905 AND RECARDED
JANUARY 27, 1909 IN BOOK 337 OF DEEDS, PAGE 46Q, RECORDS OF SANTA GLARA CQUNTY;
THENCE SQIJTH 89°57'WEST AND ALONG THE�ENTER LINE�F MGLELIAN ROAD, 100 FEEf;
THENCE RUNNING SOUTH AfVD PARALI..EL W1TN THE�ASTERLY LINE OF SAID 10.56 ACRE TRACT QF
WND,419.75 FEE1"TO A POIIVT ON THE NORTHERLY LINE OF THAT CERTAIN 14 ACRE TRACf OF
LAND CONVEYED BY THOMAS KERWIN El'UX,TO MARIO BALDESSINI, BY DEED DATED NOVEMBER
8, 19Q5 AND RECORpED NOVEMBER 8, 19Q5 IN BOOK 30Q OF DEEDS, PAG�8�,SAID NORTHERLY
LINE OF SAID 14 ACRE TRACT ALSO BEING THE SOUTMERLY LINE OF SAID 10.56 ACRE TRAGT;
THENCE NORTN 89° 56'EAST AND ALONG TH�SOUTH�RLY LIN�QF SATD 10.56 ACRE TRACT, 1U4
FEEf;THENCE NQRTH AND PARALLEL WITH THE EASTERLY LINE OF SAID 10.56 ACRE TRA�'f,
419,72 FEk?TD THE POINT QF BEGINNING ANq BEING A PORlION OF SAID iQ.56 ACRE TRACT QF
tAND SITUATE IN AND BEING A PART OF`ftiE NORTHWESf 1/4 OF SECTION Z4,TAWNSHIP 7
SOUTFi, RANGE 2 WESi', MOUNT DIA6L0 BASE AND MERIpIAN,
APN: 359-20-431
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