CC Resolution No. 4380 RESOLUTION N0. 4380
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTI:dO
ESTABLISHING AN AGRICULTURAL PRESERVE WITHIN THE CITY OF
CUPERTINO, ASSESSOR'S PARCEL NUP~BER 357-19-001
WHEREAS, the Cupertino City Council has by Resolution established a
procedure for initiating, filing, and processing requests for establishment
of agricultural preserves; and
WHEREAS, Henry Hom, owner of Assessor's Parcel Number 357-1:~-001,
. has made written application to the City Council of the City of Cupertino
for the establishment of an agricultural preserve pursuant to the
California Land Conservation Act of 1965; and
WHEREAS, the City Council has held a public hearing on this application,
which hearing was duly noticed as required by law; and
WHEREAS, the Planning Department of the City of Cupertino has submitted
its report, putting forth a f avorable recommendation on this reauest; and
WHEREAS, this Council finds that agricultural lands have a def inite public
value as open space and the preservation in agricultural production of such
lands constitutes an important physical, social, aesthetic and economic asset
to existing or pending urban or metropolitan development; and
. WHEREAS, this Council finds that agricultural preserves of less than
one hundred (100) acres are necessary due to the unique characteristics of
the agricultural enterprises in the area, and that the establishment of pre-
serves of less than one hundred (100) acres is consistent with ttie General
Plan of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the ~ity of CuperLino
that the property designated as Assessor's Parcel Number 357-19-001, being owned
by Henry Hom, and containing 5.007 acres, is hereby established as an agricultural
preserve.
BE IT FURTHER RESOLVED, that the City Council finds the fcllo-aing uses
compatible with the agricultural preserve:
1. The drying, packing or other processing of an agricultural
commodity usually performed on the premises where it is producec~ but not in-
cluding slaughter houses, fertilizer yards, bone yards or plants for the
reduction of animal or vegetable matter. ~
2. Structures necessary and incidental to the agricultural use of
the land.
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of
preserving open space for recreation or plant or animal preser-:es.
~
~ 5. Single family dwellings incidental to the agricultural use of
the land for the residence of the owner, and the family of the ocaner. ~
Single family dwellings incidental to the ag~icultural use of the
land for the residence of the lessee of the land and the family of the lessee.
Owner or lessee shall be construed to include:
(a) Stockholders in family corporations
(b) Beneficiaries of family trusts and estates
(c) Owners of undivided partial interests in the fee
(d) Joint tenants
6. Dwellings for persons employed by owner or lessee in the agricul-
tural use of the 1and.
~ 7. The construction and maintenance of a stand or shelter for the
sale of agricultural commodities produced on the land.
8. The erection, construction, alteration or maintenance of gas,
electric, water or communication utility facilities, in compliance with the
City's Underground Utility Ordinance No. 331.
.
BE IT FURTHER RESOLVED, that the above listed compatible uses will be the
only uses permitted within said agricultural preserve, exceat that the City
'~uncil may, upon written request of ocaners, successors or assigns of the
~operty, or upon its own motion, consider amendments to the list of compatible
uses.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute a Land
Conservation Contract labeled Exhibit "A" of Resolution No. 4380, with Henry Hom,
his successors or assigns.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino on the 7th day of Februarv , 1977, by the followin~ vote:
Vote Members of the City Council
AYES: Frolich, .tackson, Nellis, 0'Keefe, Meyers
- NOES: None
ABSENT: None
ABSTAIN: None -
APPROVED:
V`~'~'L ~ ~
ATTEST• Mayor, City of Cupertino
City C1 k