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21. Second reading Ord. 09-2052 Apple, IncORDINANCE rZO.09-2Q52 AN ORDINANCE OF THE CUI'ERTINO CITY COUNCIL RECOMMENDING THE RE-ZONING OF 7.78 ACRES FROM P(Res), PLANNED RESIDENTIAL, TO PIMP, Res), PLANNED INDUSTRIAL AND RESIDENTIAL WHEREAS, an application was received by the City {Application no. Z-2009-01) for the rezoning of a property to Planned Industrial and Residential, P(NQ', Res}; and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission did not recommend to the City Council that the rezoning be granted due to a tied vote {2-2-1); and WHEREAS, the property is presently zoned P{IZes}; and 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 1~OLLOWS: Section 1. That the property described in attached Exhibit A & B is hereby rezoned to Planned Industrial and Residential, P{MP, Res); and that Exhibit A attached hereto is made part of the Zoning Map of the City of Cupertino; and Section 2. This ordinance shall take effect and lbe in force thirty (30} days after its passage. INTRODUCED at a special meeting of the Cite Council of the City of Cupertino the 30~' day of November, 2009 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 15~' day of December, 2009, by the following vote: Vote: Members of the City Cotimcil: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 21-1 I 3.5p g ~~ ~~ S49'D6'20'~' N4D'S3'40'~ 27.1 ~ N49'06'20'1Y 36, N40'S3'40"£ & ~~ ~~ ~~ ~e ~~ ~Q ?~ P.M. 329~M--49 PCL. 2 ro~~ o za,~ ,~ GR4PNlC SG4LE -~, ~~ ~xHieir A W49.Og ``„ 20 157,25 ~ ~ r ~ ~ ~ i °g ' ~ w "~ ~cu ~ $ f~ s D=6.59'54" L=76.29 i ' U ~r Qi 3 j ~? ~ ~ N1 i ~! Ea: ZONE PRM~ a ~ ~O D~43'14'25' i U R=41.Q0 L~0.94 !59 59'32"W 192.00' ~ ~ T.P•O,B. I PR i ~~ P. tit. 329-M-49 ~ ~ N v PCI,. 3, 4, 5 & 6 ~ o "~ ~L 0 "1 •`~~ ~~ ~1 1 21 J ~ ~~ i ~, ~ a S49'06'20'~' 4fi Dl ~ <c O REZONE 7,78 ACRES ~! ° FROM.• .P(RES) T0: P(MP,RES) N~ 1 ~o~, D=32 35'44' ~OS R=300.01 N52'40'11 "lV ~ , ~2 L=170.88 98.37 ~b `~? ~, .~ ~~ ~, /UN/Ppgp S . ~EE'W,gr ~/ N ~ ~~ N ~O 0 ZONING PLAT MAP oarE• 1--z2-os ~ ~.. ~a PRUNERIDGE AVE. AT S~~' 1" ' 1s°' A cAU>:oRNIA coRPORArroN R/DGEVIEW CT. oR~wN ~ MH CONSULTING C/Vlt ENGINEERS GHECKED BY.' ~~~' 285 W pN~~083 50D~ 16S2N JOSE, GA. CUPERT/N0, CA /os No.: f 689 PL 1 ( 2 ~ - 2 Ir . EXHIBIT B ZONING PLAT DESCRIPTION PRUNERIDEGE AVENUE AT RIDGEVIEW COURT CUPERTINO, CALIFORNIA Area to be rezoned from P(Res) to PIMP. RE~~ Beginxung at the most southerly corner of Parcel 6 as shown on that certain Parcel Map recorded in book 329 of Maps at Page 49, Santa Clara County 'Records, said point being on the northeasterly right-of-way line of the Junipero Serra Freeway (I 280); thence along said noz~theasterly right-of-way line North 52°40'11" West 98.37 feet to the beginning of anon-tangent curve; thence on a curve to the right, the radial point of which bears North 37°31'27" West through a central angel of 32°35'44" having a radius of 300.01 feet, an'arc distance of 170.68 feet; thence North 20°08'05" West 24'7.$2 feet; thence North 40°53'40" East 203.00 feet; thence South 49°06'20" East 46.01 feet; thence North 40°53'40" East 312.83 feet; thence North 49°06'20" West 15'1.25 feet; thence North 40°53'40" East 65.00 feet; thence North 40°06'20" West 36.00 feet; thence North 40°53'40" East 261.00 feet to a point on the centerline of Pruneridge .A.venue, 92 feet wide; thence along said centerline of Pruneridge ,A.venue South 49°06'20" East 303.50 feet; thence South 40°53'40" West 235.$3 feet; thence North 40°Ob'20" West 49.00 feet; thence South 40°53'40" West 27.17 feet to the beginning of a tangent curve; thence on a curve to the right through a central angel of 43°14'25" having a radius of 41.00 feet, an arc distance of 30.94 feet; thence South 59°59'32" East 45.55 feet; thence South 30°00'28" West 47.00 feet; thence south 59°59'32" East 192,00 feet; thence South 39°51'2$" West 713.89 feet to the point. of beginning. Containing an area of 7.781 acres, more or less. 21-5 EXHIBITS BEGIN HERE pRt)PQSITTt~-N 65 'WARNING In compliance with the Safe Drinking ~+later a~ Toaic Enforcement Act of 19$b (also known as lt~n 65), Apple inc. i:, lrroviding the following.. watntng: The following Apple facility addresses contain a ehenucal or chemicals known to the State of California tci cause cancer, birth defects, andfar other re~raductive harm;The types of chemicals need at the Apple faciliti~.~s include flammable liquids, com- bustible .liquids, other regulated material, at~l diesel engine exhaust. j Site of Attie FnciifHes AffeMrd by Proposition 65 .,...... xw. a c ~'„ ,z as b ,9 D ~ ~ Q N. Tenhu Avg. 14 ` ~ 3 6 WHDD{ Atli. valloo Psrkw~ t cACNtw! ~ N © t C,npexnn' o, CA 95414 D' ~ s NtYq Dr. U ~EeEarde eortn ~ ~owlu.Er t °~ gDVDnD G-DDt !#t-d. p ,DIEt DAMDItY DIpME {~ sDEw wutElr m1EEl1 DDDIE .; ;: p tDDiD MwwuD ~. ni ®,«TS ' DAME ~ ;~ ,w«.aE+uoAKMD. ti:J :i (~ IDIMItA7,D~DR. "' !~ Q D~DaTE~o~ ® ,81DD r. OE re~-uw. 10400/10450 81DOEVIEW COURT ~~ 10180 81DGEVIEW COUNT ,s 10435!10300 N.TANTAU AVE. ,~ 19,91 Vallco ParkweY For further information contact Apple inc. Environmental Health and Safety Dl~partment at (408) 862-1964 r-- ---~ ~! __ ~ 3 ~~ cc ~zltf`~Cr X2.1 aL 50,000.1 June 6 , 1967 002(x) REGULATIONS FOR OP A.vD ~ ZONES (continued) Section 5 6 OFFENSIVE USES PROHIBITED ,( No use ahall ba allowed which is or will be offeaaive by reason ~K of eha amiasion of dusr~ ,tie smo:.a, noia~- f,~a~s, odors, 'bright lights, vibrations, nuclear radiation, radio frequency _.~._ _ . _ inter a ezss s"TT. ` .ver} us,a $ 1 e operated is ~ " such meaner t at the v~~lume of sound inherently and recurrently generated shall not ex~:aed seventy-five (75) decibels at nay point on the property Liaa on which the use is locatad, or sixty (60)dacibals at any point on the proparty line on which the use is locatad where such property line abuts proparty that is zoned for residential purposaa. Noise and sounds shall ba appropriately muffled is such meaner so as not to be objactianabla as to intermittent beat, frequency, or shrill- sass. Provided further, chat prior to issuance of a build- . iag permit, the Building Ina actor may require evidence ~adaquata contro measures, or evsces nave ^ssa rrovided to insure and protect the public interest, health, comfort, con- - v a ce, safety ia-3"'genar wa are rom suc n saaces. LOT AREA, DI1~iSIONS, AND COVERAGE Minimum lot size: 1 acre Minimum lot dimension is nay direction: 150 ft. Mm=~+++u= building cova:~age: 40 percent 7 YARDS 7,1 Front Yard: 50 ft. i:~ as OP Zone; 30 ft. is as :~ Zone Rear Yard 30 ft. i=i an OP Zone; 2S ft. is as I~ 2ona Side Yard 20 ft. isi as OP Zona; 2S ft. is an MP Zoae Side Yard (facing st::eat or corner lot): 50 ft. ~i an OP Zone; 25 ft. is as MP Zone 7,2 Ia addition to the ra~~uirements in the above subparagraph, no structure other than a fence or wall not more than 6 ft. high shall ba located clos~sr to a property line than the distance equal to the height of the structure measured from natural grade, except as required by Section 7.4 of this Ordinance. 7,3 Nn structure is excess of 35 ft. is height shall be located closer to a residential zone than a distance equal to four times its height. -2• ~ ~ ~ ~ r ~ ~~ ~# ~j ~ .~ ~: , ~3 ~ ~~ ~ ~ ~ ~ ~ ~ s ~ ~~~ ~ ~~ ~ ~ ~ ~ ~ ^~ ~ 1 ~ ~ ~ ~ L ~ s ~ ~ ~~ ~ -~ $ ~ ~. ~ ~ - ~ ~~ ~ _ ~~ -- ~ ~ ~ ~ ~, 3~ ~ ~ : ~ t ~~ - ~ t -~ ~- ~~~ ~~~ ~ ~ ~~~~ ~~~ ~~~ ~ ~~ ~ t g r ~ .-~ ,~ ~ .~° ~ ~ ~ o~ ~ ~° ~ ~ ~ --~ ~~ ~ ~ ~ ~. ~ b ~ P 1,`~ ~ ~ . ~ ,~ ;,~ ~ r3 ~ _ ~ ~ ~ .~ ; . ~~ ~~ ~, ~, ~ ~ ~ ~ .:. ~~ s { J` ,~ 1 1~d }~j98`~!~FRLi'~4~ 0~1=;.?FAZ', 408~'29a 95y t CAL AIR INC. f~ ~ ~ ~_ , r ~ '~ N ~~~~~~i~ ~~~~r h ~ ~ , r r p 1 i iy~~a+ ~- i i i N ~~,IH r t}~~'~ 5~~~, . ° re n ~ ~C~~ d ~~"~~~ ~~$ r ','~ ~~ , ~ ~~~;; ~~ ~ ~ BIRO SCRCEN { ¢I, •' ~ ~ +~~a.,~~'~ ~ ~:,~ ~ rax F ~ I ~7 '" 'q ~ t ~, ~'i ~ ~f i s, d J } n ~1{~i r i 1 ~i j ar I1 ~~ i ~ 1 ~/ ~'~11~~~ra, Y ~,'~:,,~ ' ~''- 1 1 a::, ~, ,1 , ; ~ 1 1 ~~ ~~~? , I i~ .,;~ .:. ,~ , ~~ .~ , ~,~~" ~'~~ ~`~; ~ ~ ,~¢~ ~ ~ Air i r a ~" 'i .1 rk ., ~ E ~ '~ i' a ~~ 1 1 \~~`X~% i 1N J A„ a,~~a~h,f~xn ~fi ~ ` i. ~,~ ~ ,.~~ ~~.:~ t~ ~~, ~,~~_ .,~: 1_ r-J'311 X ~Q11 ,,, ~'~ HOOD OPENING ~~~ , _ ~ ~ ~ ~ _AT 115 ~, F.P. M,' ,~ ~ ~'~ ~:~ ~' (809 CPM1 3 ~t r ~ ~ sib .~ ,, ,, ~), ~I: ~;E S t 1' I t G~~,s~tL~lxj3`tj ~ ~ [ ~ ~~;~d~t ~ ' F. i f 6~ "? ~ r 2 da ~ '' ~<'~. ,, ~ _ EXHAUST F N DETAIL ,.: ~. ,,... ;: .. ~ CAL~,AIR CONDITIDNING CONIPA ~;~ CAL'; ~~~;,~~~'"• 1555 50;° SEVENTH STREET, BLDG K -SAN!: J05E, CA, 95112 ~" X4081 947-0756, PAX- 2~ 511 _, ,~ ,. lip ~~~~ 004 22 GAUGE GUY WIRE, SECURE TQ!SLEEpEF~ ON GOOF ~ ~-UTILITY S T CXHAUST ~AN ~I '--•~CXLpOSII N PROOF OT4R "~-' ' SPRING ISOLATQ(~ ~, ~•SLEEpER gY G,G, ~~~ i ,; I ~p~ ~ ~c~not~e7 ~r-r/ ~. Cl..t~er~tno_ C~ It ~~-, ~ ~ ~ ~:. ,~ .~. ,~ - nr .,no nr ~ ~ dPPLE CQI~PUT~RS ~ ~ 6/t7~88 ~~ i i 'n~_, ~_no ~~ ~Gn~,r n n. MoG Apple pulls back from India support center AFTER MAKING INITIAL HIRES, FIRM ABRUPTLY SHUTS SERVICE OPERATION By John Boudreau Mercury Neccs - Apple Computer once again is acting differently. As tech companies every- where move aggressively to set up support and R&D cen- ters mIndia, Apple said Mon- day that it is pulling back. Just months after hiring tech professionals to staff its India subsidiary, Apple Servic- es India, the Cupertino-based company shut it down - at least for now The company re- portedlyhad plans to hire hun- dreds of employees in Banga- lore. It will maintain a sales and marketing office. "We have re-evaluated our plans and have decided to put our planned support center growth in other countries," Apple spokesman Steve Dow- ling said. He would not com- ment further. The Times of India reported Saturday that Apple, after a launch ceremony in April, had hired about 30 employees be- fore the sudden reversal. It said the decision came as a shock to newly hired employ- ees, some of whom were pre- paring for a trip to Apple headquarters. American Technology Re- search analyst Shaw Wu said the move was puzzling. "I don't know what is up with this," he said. "It's a little bit bizarre." Apple, though, is known for being exacting with its em- ployees and partners, Wu not- ed. Something must not have quite fit with its strategy. Long term, it is probably too expensive to use anall-U.S.- based workforce to handle See APPLE, Back Page -~~ APPLE I Support center ~ 111 1111.110 1~ 1;1V~GU UV W 11 Continuedfrom Page IC these operations, said Wu, who speculated that the com- pany could look at countries such as the Philippines, Bul- garia, the Czech Republic or Turkey, regions known for having large numbers of English speakers. Still, Apple might return to India, especially since the company made the effort to set up a subsidiary. Other companies, such as Dell, have overcome road bumps in India, Wu said. "They went to the trouble of setting up all this legal stuff. That's not trivial," he said. "I think Apple will have to revisit this." Contact John Boudreau at jboudreau@mercurynews.com or (408) 278,3496. ~Vate~ la~v violation mmon stud sa Y Y tlOI1S ~?I'Oken floured from residents' taps. more-than 500 000 t-~ use regulators never ~ fined or unished those com- t1ITl~'S S1nCf: 2004 .,panics or Brea ing po~ution By Chaties Duh Taws. ~ '~ 'Phis pattern is not limited New Yank Times to ~~~Ie_s_t~V_i_r~gi_n~ i_a. Jennifer Hall-Massey- ~ moist four decades ago, knows-;not to dr' Congress passed the C1san water m r home -near Water Act to force olluters Charleston, W Va,~o rsc ose the toxins they In fact, her entire fain 'Tum^~~O waterways a- _n~£o ily tries to avoid any eontac g7vE1 regu-Tabors e p~Fi~ower to with the water.. Her youngest a or ~a o en ers. a ~s son has scabs bn his arms, ~iav~assed pollution stat- legs and chest where the ui;e ~ o-f their own. bath water - Diluted with `-] u3~'in recent ears vio~la- . lead nickel an other ea tior~s of the C1ean.Water Act m s - cause patn -lave risen ~ac~'i~ across rashes.. Many of his brother's a .nation an .extensive were capped to replace 'review o wa r o u ion enamel that had been eaten records bar TF e 1 ew orTc - away. r---^--"'"" 7 Hies found. n fCe past five years alone, chemical factories, manufac- turing plants and other work- places have violated water pollution laws more than half range from missions to ca a erne m our a ects an of er illnesses. o es u n c e Haver, the vast ma or- "-"sar as, , a servo ac= ity o oi~F se_~oliu ers ave es- c t on ;af the state's ca ecT~umsTen~S~te off'-i- largestbanks " , cr s av :e y i re She and ?ter husband, obvious ille al dum in and Charles,, do n ~~n scFme "~Fie -Envirouxnent Protec- remotecorner oi`Appalachia. `iro enc , w ;c can ros- Charleston, the state capital, ecuEe po u er wens a is less than 17 miles from her fatt' as o en eclined home. ttrtf ervene. "How is this--~1 hannen- _ _ 13e~ause it is dii'ficult to de- ~" she asked. en .Hall-Massey and 264 neighbors sued nib near coal ompanies, accusrrig them of putting dangerous waste into local water supplies. their la_w~er_ i not have to ` oT-To c a~for evraence. squired by state law, some of the companies had disclosed in reports to regu- lators that-they were numn- ing _ into the ground illy in the Taut concerns over these toxins are great enough that Congress and the EPA regu- late more tollutants through ~e Cle-anWater Act and stric~tl limit 91 chemicals or contamm-~ antes in~tap water through the Safe Drinking Water Act.