Ordinance No. 13-2112 Approving the Rezoning of a .96 Gross Acre Lot from R1-10 to R1-7.5 Located at 20840 McClellan Rd APN 359-20-031ORDINANCE 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 (M.INIMUM LOT SIZE OF 7,500 SQUARE FEET)
LOCATED AT 20840 MCCL'ELLAN 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 Municipal 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 C'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 develops ent(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 dwellin.19"finii.ts. The proposed
rezoning is compatible with the adjoining land uses and no physical ccnst ainh are present that
would conflict with anticipated land use development. Provision -e f� - i- 61i'ties 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 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.
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. That 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 City Council:
AYES:
Mahoney, Chang, Santoro, Sinks
NOES:
None
ABSENT:
Wong
ABSTAIN:
None
ATTEST:
Grace Schmidt, C ty-0erk
f �f
APPROV
Orrin Mahoney, Mayor, 1ty of Cupertino
Exhibit A
pl
McCLELLAN ROAD 100M N E
W
gV
al
I
I
N
SCALE: 1'=60' -0'
REZONE: 0.964 AC
FRO_ M: Ri -10
TO R1 -7.5
;ZONING PLAT MAP
100W N 80'66 OV
. Janes C. Chen JOB TITLE
. 04 and SbucWW En0lt mm 20840 MoCELL.AN ROAD
P.O. Baa
CIO CUPEFMNO, CA 95014
. 20302
. San Jose. CA 95160
. . . . . (408)822 -8261 DATE: 12MF✓ I JOB NO.: 1106
'C0A1 DRAWN: SHEET: OF j-t
I
Order Number: 4322- 3912668
Page Number: 6
LEGAL DESCRIPTION
Exhibit B
Real property 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 THE 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 89 156' 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 Title
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 13 -2112, which was
enacted on November 4, 2013, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 6th day of November, 2013.
GRACE SCHMIDT, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate