CC Resolution No. 13-012 GPA-2012-01 corner of Villa Real and Mary Avenue, APN 326-27-030 RESOLUTION NO. 13-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE
MAP DESIGNATION FROM MEDIUM HIGH DENSITY RESIDENTIAL (10-20
DU/GR. AC.) TO PARK & OPEN SPACE FOR PROPERTY LOCATED AT THE
CORNER OF VILLA REAL AND MARY AVENUE,APN 326-27-030
WHEREAS, the Applicant, the City of Cupertino, initiated an application for a
General Plan Amendment as described in this resolution; and
WHEREAS, the Application No.: GPA-2012-01, requests to amend the general
plan land use map to change the land use map designation for property located at the
corner of Villa Real and Mary Avenue from Medium High Density Residential (10-20
dwellings/gross acre) to Park & Open Space;
WHEREAS, on January 8, 2013 the City's Planning Commission held a duly
noticed public hearing on the Application and recommended approval by a 3-2 vote;
and
WHEREAS, the necessary public notices were given in accordance with the
procedural ordinance of the City of Cupertino and the City Council has held at least one
public hearing on the matter; and
WHEREAS, the City Council finds that the General Plan Amendment is in the
public interest and will not be detrimental to the public health, safety or welfare. The
Council finds that the Amendment is consistent and compatible with the proposed use
of the property as a dog park in that the proposed general plan land use designation of
Park and Open Space is applied to land owned by the public and used for recreation or
open space purposes. A park for the use of oil-leash dogs and their owners meets that
recreational purpose; and
WHEREAS, the City Council has determined that there will not be significant
environmental impacts to revise the General Plan Land Use Map in that the City
Council reviewed the prepared Initial Study and Mitigated Negative Declaration, held a
public hearing and took public comments on the Initial Study and Mitigated Negative
Declaration and subsequently finds that potential environmental impacts are either less
than significant or less than significant with the application of mitigations incorporated
in the project;
Resolution No. 13-012
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that after careful consideration of maps, facts, exhibits, testimony and other
evidence submitted in this matter, the mitigated negative declaration and mitigation
monitoring program are hereby adopted and the application for General Plan
Amendment, application no. GPA-2012-01 is hereby approved with the proposed
property subject to the changes in the General Plan Land Use Map shown in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of February 2013, by the following vote:
Vote Members of the City Council
AYES: Mahoney, Chang, Santoro, Wong
NOES: Sinks
ABSENT: None
ABSTAIN None
ATTEST: APPROVE :
_/1�/, y"'1
Grace Schmidt, City Clerk Orrin Mahoney, Ma , City of Cupertino
Resolution No. 13-012
Page 3
Exhibit: A
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GPA-2012-01: General Plan Amendment to change the General Plan Land Use Map
designation from "Medium High Density Residential (10-20 DU/GR.AC.)" to "Park &
Open Space" for lot at the corner of Villa Real and Mary Avenue, APN 326-27-030.