Ordinance No. 13-2104 Z-2012-02 Rezone Mary Ave Dog ParkORDINANCE No, 13 -2104
" ~ AN ORDINANCE of THE CUPERTINO CITE' COUNCIL
REZONING A PARCEL of 0,51 ACRE AND ITS FRONTING HALF-STREET
OF 0.32 ACRE FROM I' I I - PLANNED DEVELOPMENT, SINGLE-FAMILY
RESIDENTIAL CLUSTER INTENT To PR- PARK AND RECREATION ZONE LOCATED
AT THE OI NEI OF VILLA REAL L A.ND MARY AVENUE, APN 326-27 -030
WHEREAS, S, axe application was initiated by the City Application no. Z- 2012 - for the
rezoning of a property from P RI - Planned Development, Single - Family Residential
Cluster Intent to PIS-- 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 cil finds that the subject rezoning met the f ollov ing requirements:
1 That the rezoning is in conformance with the General Plan. Land Use Mop 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 Toad.
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 clogs and their
ov mers where none existed before and will avoid conflicts with -competing park lard
uses, that the area has sufficient street access and surface parking to accommodate the
use. The site is directly adj
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 Ilan Map designation is proposed to be changed to Part & 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:
to:
Section 1. That the property described in attached Exhibits A & B, are hereby rezoned
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 . This ordinance shall take effect and be in force thirty 3 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 19th day of February, 2013 by the following Grote:
Vote: Members of the Citv council:
AYES: Maho .ey, Wong, Chang, Santoro
NOES:
Sinks
ABSENT;
None
ABSTAIN;
None
ATTEST:
Grace Schmidt, City Cleric
APPROVE
Orrin Mahoney, Mayor, City of Cupertino
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ZONING PLAY MAP
1
Rezone 0..83 acres from "P(RIC)"
Planned Development,
Single- Family Residential tl st r
Intent to "PR" Park and Recreation
CITY OF CUPERTINO
SHEET
MARY AVENUE DOG PARK 1 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:
. 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. AF20869 recorded July 24, 1962 in Book 5656, Wage 581, both of Official Records
of Santa Clara County, more particularly described as follows:
Beginning at a centerline monument at the intersection of friary Avenue and Luibee
Street, thence South. 00' 52' 31" West, 3 52,65 feet to the true point -of beginning-, thence
South 56° 34' 5" West, a length of 51.09 feet; thence South .56' 9' 54" West, a length
of 8.63 feet; thence South 56' 34' 35" Nest, a length of 135.13 feet; thence South 22' 25'
34" bast, a length of 234.26 feet; thence along a tangent curvc -to the right with a radius
of3,0 0,00 feet, thr uxgh are angle of o' - 3' 34 ", an are length of 38 02 feet; thence North
74" 06' 56" East, 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 aura length of 178 -7 feet; and
thence North 00' 52' 31" East, a length of 161.67 feet to the true point of beginiii g
Containing 3 6,1 3 square feet or -0.83 acres, more or less
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 -2104, which was
enacted on February 19, 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 21st day of February, 2013.
GRACE SCUMIDT, City Clerk and Ex- officio Clerk
of the City Council of the City of Cupertino, California
arcu once certitiG t