Z-2012-02b OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
C U P E RT 1 N 0 TELEPHONE: (408)777-3223• FAX: (408)777-3366
To: Planning Department
From: Kirsten Squarcia
Subject: 1) Conduct the second reading of Ordinance No. 13-2104 that rezones 0.83-
acre from P(R1C) to PR to allow a dog park on a Mary Avenue parcel (file
no. Z-2012-02); and 2) Authorize the City Manager to apply potential savings
in the project budget towards enhancements to the project design for a
sound wall or additional landscaping
Date: February 21, 2013
On February 19 the City Council made the following action:
1) CONDUCTED THE SECOND READING (SINKS VOTING NO) AND
ENACTED THE ORDINANCE (SINKS VOTING NO) 2) AUTHORIZED THE CITY
MANAGER TO APPLY POTENTIAL SAVINGS IN THE PROJECT BUDGET
TOWARDS ENHANCEMENTS TO THE PROJECT DESIGN FOR A SOUND
WALL OR ADDITIONAL LANDSCAPING
ORDINANCE N0. 13-2104
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
REZONING A PARCEL OF 0.51 ACRE AND ITS FRONTING HALF-STREET
OF 0.32 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
WHEREAS, an application was initiated by the City (Application no. Z-2012-02) for the
rezoning of a property from P(R1C)- Planned Development, Single-Family Residential
Cluster Intent to PR-Park and Recreation Zone; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, the City Council finds that the subject rezoning met the following requirements:
1) That the rezoning is in conformance with the General Plan Land Use Map of the City of
Cupertino because the 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. The 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 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 orderly 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.
WHEREAS, a map of the subject property is attached hereto as Exhibit A, as a proposed
amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the property described in attached Exhibits A &B, are hereby rezoned
to:
PR-Park & Recreation Zone; and that Exhibit A attached hereto is made part of the
Master Zoning Map of the City of Cupertino; and
Section 2. 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 5th day of February and ENACTED at a regular meeting of the Cupertino City Council
the 19t" day of February, 2013 by the following vote:
Vote: Members of the City Council:
AYES: Mahoney, Wong, Chang, Santoro
NOES: Sinks
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Orrin Mahoney
Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino
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: A. Approve Mitigated Negative Declaration, General Plan Amendment, and
Rezoning of a City-owned lot (actions to further dog park development); B.
Increase funding to the Mary Avenue Dog Park construction project budget
for a total not to exceed $450,000, authorization to award project contracts
and authorization to approve Contract Change Orders (CCO) to the extent
that total expenditures do not exceed the amount of the project budget
Date: February 7, 2013
On February 5 the City Council made the following action:
APPROVED THE MITIGATED NEGATIVE DECLARATION &ITS MITIGATION
MONITORING PROGRAM
ADOPTED THE RESOLUTION (SINKS VOTING NO)
CONDUCTED THE FIRST READING OF THE ORDINANCE WITH THE CONDITION
THAT STAFF MEET WITH THE RESIDENTS OF CASA DE ANZA TO WORK ON
MITIGATING FACTORS TO BE DETERMINED BY STAFF AND RESIDENTS (SINKS
VOTING NO)
ADDED$100,000 TO THE PROjECT BUDGET FOR A TOTAL AMOUNT NOT TO
EXCEED $450,000 WITH THE CONDITION TO ADD AN ADDITIONAL$50,000 TO GO
TOWARD A BUFFER AT THE NEIGHBORING PROPERTY LINE (SINKS VOTING NO)
AUTHORIZED THE CITY MANAGER TO AWARD CONTRACTS FOR THE MARY
AVENUE DOG PARK TO THE LOWEST RESPONSIVE BIDDER (SINKS VOTING NO)
AUTHORIZED THE CITY MANAGER TO APPROVE CONTRACT CHANGE ORDERS
(CCO) TO THE EXTENT THAT TOTAL PROJECT EXPENDITURES DO NOT EXCEED
THE AMOUNT OF THE PROJECT BUDGET (SINKS VOTING NO)
Z-2012-02
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, Califorrtia 95014
RESOLUTION NO. 6718
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
THE RE-ZONING OF ONE LQT AND IT5 ABUTTING HALF-STREET WITH APPROXIMATELY
0.83 GROSS ACRE FROM P(R1C)-PLANNED DEVELOPMENT,SINGLE-FAMILY
RESIDFNTIAL CLUSTER INTENT to PR-PARK AND RECRBATION ZONE LOCATED
AT THE CORNER OF VILLA REAL AND MARY AVENUE, APN 326-27-030.
5ECTION I: PROTECT DESCRIP'I'IQN
Application Na.: Z-2012-02(EA-2012-0� �
Applicant: City of Cupertino
Location: Corner of Villa Real and Mary Avenue{APN 326-27-030)
SECTION II: FINDINGS F�R REZONING
WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning
of property, as described on this Resolution; and
WHERBAS, 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
znatter; and
WHEREAS, the Planning Cominission finds that the subject rezoning meefi the fallowing requirements;
1) That the rezoning is in conformance with the General Plan Land Use Map of the City of Cupertino
because Map is being amended ta change the land use designation for this site to "Park & Open
Space".
2) That the properfy involved is adequate in size and shape to conform to the new zoning designation
in that the propeziy is sufficient in size and configuration to accommodate the features and amenities
of the proposed dog park. The City has also recendy developed other mini-parks that are less than
park minimum acreage of 3.5 aeres. 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 dags and their owners
where none existed before and will avoid conflicts with competing park Iand uses, that the area has
sufficient street access and surface parking to accommodate the use, The site is dixectly ldjacent to a
major highway and at least one residential project for the property vvas rejected by the City under the
existing residential zoning.
4) That the proposed rezaning is otherwise nof detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in t11e neighborhoad of subject parcels in that a
nnitigated negative declaration ("MND") was prepared which analyzed air quality impacts,
contaminated soils, traffic, noise, and other potential impacts from the proposed rezone and
Resolutian No.6718 Z-2012-02 January 8,2013
developrnent 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 orderly development of the city in that the rezoning facilitates the
development of a vacant lat in an infill location where all municipal services are available. The
proposed dog park will provide convenient, oft'-leash recreational opporhuuties fox pet dogs and
their owners where that opportunity did not exist before in existing City parks.
6) That fihe rezozling 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 & Qpen Space which would make it
consistent with the proposed zoning designation.
N�W,THEREFORE,BE TT 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�2012-02, as set forth in the Minutes
of the Planning Commission Meeting of January 8, 2013 and are incarporated by reference herein.
SECTION III• CONDITIONS ADMINI.STERED 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 ADOP'TED this 8th day of January 2013, at a Regular Meeting of the Planning
Cornmission of the Cify of CuperEino,State of California,by the followulg roll call vote:
AYES; COMMISSIONERS: Brawnley,Lee and Chair Miller
NOES: COMMISSIONERS:Brvphy, Sun
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Isl Aarti Shrivastava /s/Marty Miller
Aarti Shrivastava Marty Miller, Chair
Comrnunity Development Director Planrw�g Cornmission
G:\PIanninglPDREPORT\RES\2(321\�2012-02 res.doc
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, ZONING PLAT MAP
�' Rezone 0.83 acres from "P(R1C)"
E Planned Development,
R=3000.00' 6�56"
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�=ss.o2� 2 Intent to "PR" Park and Recreation
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°"'� Nov. 20�2 CITY OF CUPERTINO
1" = 80' SHEET
MARY AVENUE DOG PARK , oF 2
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
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