Reso 6718 Z-2012-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6718
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THE RE-ZONING OF ONE LOT AND ITS ABUTTING HALF-STREET WITH APPROXIMATELY
0.83 GROSS ACRE FROM P(R1C)-PLANNED DEVELOPMENT, SINGLE-FAMILY
RESIDENTIAL CLUSTER INTENT to PR-PARK AND RECREATION ZONE LOCATED
AT THE CORNER OF VILLA REAL AND MARY AVENUE, APN 326-27-030.
SECTION I: PROJECT DESCRIPTION
Application No.: Z-2012-02 (EA-2012-07)
Applicant: City of Cupertino
Location: Comer of Villa Real and Mary Avenue (APN 326-27-030)
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) T'hat the rezoning is in conformance with the General Plan Land Use Map of the City of Cupertino
because Map is being amended to change the land use designation for this site to "Park & Open
Space".
2) That the property involved is adequate in size and shape to conform to the new zoning designation
in that the property is sufficient in size and configuration to accommodate the features and amenities
of the proposed dog park. The City has also recently developed other mini-parks that are less than
park minimum acreage of 3.5 acres. Those mini-parks are at Sterling/Barnhart Avenue and Franco
Court/Homestead Road.
3) That the new zoning encourages the most appropriate use of land in that the rezoning and
subsequent land improvement will provide a dedicated park area for pet dogs and their owners
where none existed before and will avoid conflicts with competing park land uses, that the area has
sufficient street access and surface parking to accommodate the use. T'he site is directly adjacent to a
major highway and at least one residential project for the property was rejected by the City under the
existing residential zoning.
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 in that a
mitigated negative declaration ("MND") was prepared which analyzed air quality impacts,
contaminated soils, traffic, noise, and other potential impacts from the proposed rezone and
Resolution No. 6718 Z-2012-02 January 8,2013
development of the lot as a dog park. The Initial Study determined that 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.
5) That the rezoning promotes the arderly development of the city in that the rezoning facilitates the
development of a vacant lot in an infill location where all municipal services are available. The
proposed dog park will provide convenient, off-leash recreational opportunities for pet dogs and
their owners where that opportunity did not exist before in existing City parks.
6) That the rezoning is consistent with the planned land use of the property as a dog park. The General
Plan Map designation is proposed to be changed to Park & Open Space which would make it
consistent with the proposed zoning designation.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, a Mitigated Negative Declaration for environmental review purposes is recommended for
approval, and application no. Z-2012-02 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-2012-02, as set forth in the Minutes
of the Planning Commission Meeting of January 8, 2013 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 8th day of January 2013, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California,by the following roll call vote:
AYES: COMMISSIONEIZS: Brownley, Lee and Chair Miller
NOES: COMMISSIONERS: Brophy, Sun
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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MARY AVENUE DOG PARK ' oF 2
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EXHIBIT B
Mary Avenue Dog Park
Lot Description
Record Owner: City of Cupertino.
APN: 326-27-030
All that certain land situated in the State of California, County of Santa Clara, City of Cupertino,
described as follows:
A portion of those parcels of land described in the following two deeds to the State of
California: State Deed No. 13628 recorded October 16, 1964, Page 688 and State Deed
No. AF20868 recorded July 24, 1962 in Book 5656, Page 581, both of Official Records
of Santa Clara County, more particularly described as follows:
Beginning at a centerline monument at the intersection of Mary Avenue and Lubec
Street, thence South 00° 52' 31" West, 352.65 feet to the true point of beginning; thence
South 56° 34' 35" West, a length of 51.09 feet; thence South 56° 09' S4" West, a length
of 8.63 feet; thence South 56° 34' 35" West, a length of 135.13 feet;thence South 22° 25'
34" East, a length of 234.26 feet; thence along a tangent curve to the right with a radius
of 3,000.00 feet, through an angle of 0° 43' 34", an arc length of 38.02 feet; thence North
74° 06' S6" East, a length of 72.18 feet; thence along a tangent curve to the right with a
radius of 1,000.00 feet, through an angle of 10° 14' 33", an arc length of 178.78 feet; and
thence North 00°52' 31"East, a length of 161.67 feet to the true point of beginning
Containing 36,103 square feet or 0.83 acres, more or less