Reso 6738 _ _ _ _ _ . _ _ __
Z 2014-01
,F�.,,} ,. CITY OF CUPERTINO
`�-...�1 10300 Torre Avenue
Cupertino, California 95014
. RESOLUTION NO. 6738
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OF THE.PLANNING COMMISSION OF THE<CITY OF CLTPERTINO RECOMMENDING APPROVAL
OF THE REZONING OF A .87 GROSS ACRE PARCEL FROIVI P(CG)-PLANNED DEVELQPMENT
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GENERAL COIVIIVIERCIAL TO P(CG,RES)-PLANNED DEVELOPMENT GENERAL COMMERCIAL
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AND RESIDENTIAL;LOCATED AT 10121 N. FOOTHILL BLVD
SECTION I: PROTECT DESCRIPTION
Application No.:` ` Z-2014-01 ` , ,
Applicant:� �` Tate Developmenf
Property-0wner: Footiv]]:Aufo'Service&IDetail;'Inc.'
Location: 10121 N.Foothill BouTevard'(AI'N 342=32-070)`'
SECTiON II: FINDINGS FOR A REZONING: '
W:HEREAS,:the Plai`uvng;Coinn-ussion of the City. of Cupertino received an application for a Rezoning
�`���� as described in Section T: of this Resolution; and , -
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� WHEREAS, the Environmental Review Committee has recominended adoption of a Mitigated Negative
IDeclaration;'and , _ ,
WHEREAS, fhe necessary public notices have been given as reguired by the Procedural Ordinance of
. •the.City of,Cupertino, and;the Plai�ululg'Coininission:has held at least one public hearing;in regard to
the:application; arid '_;
WHEREAS,the applicant has met fhe burden of proof required to support said application; and
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WHEREAS,the Pla��uling Coilzmission finds as follows with regard to this application:
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a. TYiat t�ie proposed'zonirig is in accord' with this �title of the Municipal Code and`�the City's`
Comprehensive Gerieral'Plan.
' The rezonang�is�in conformance ir�ith the"General Plan Land Use Map of the City of Cupertino, since the'
zoning designation would be consistent with the existing land:use designation (Commercial/Residential). The'
rezoning;has been processed in aecord with Chapter 19.152 of the Gity's:Municipal Code. '
b. The proposed zoning is in compliance with fihe:provisions of the California Environmental.Quality
Act(CEQA).
A mitigated negative declaration (MND) was prepared which analyzed biological resources, cultuYal
-_�'� resources, hazardous material, noise, air quality,geology and soils, water quality, parTcland and other potential
����� environmental impacts in accordance with CE.QA:requiretnents: The Initial Study determined that these
Resolution No.6738 Z-2014-01 Apri122,2014
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. �
c. The site is physically suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning
designation(s) and anticipated land use development(s).
The property involved is adequate in size and shape to conform to the new zoning designation and is
appropriately configured to accommodate residential uses. The rezoning is compatible with the adjoining land
uses and no physical constraints are present that would conflict with anticipated land use development.
Provision of utilities and related infrastructure to service the property are required as part of the future
development.
d. The proposed zoning will promote orderly development of the City.
The rezoning promotes the orderly development of the city in that the rezoning facilitates the development of
additional housing units where municipal services are currently available. The proposed rezoning is
consistent with General Plan Policy 2-32 which discourages exclusive general commercial uses and encourages
developments that are not in an identified commercial area (such as the project site) to include a neighborhood
commercial presence along the street with storefronts and residential uses.
e. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
of persons residing or working in the neighborhood of subject parcels.
The proposed rezoning is not detrimental to the health, safety, peace, morals and general welfare of the persons
residing or working in the neighborhood of subject parcels, as relevant mitigation measures will be �,
incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level,
in addition to adherence to all City regulations.
NOW, THEREFORE,BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby recommended for adoption;
and the application for a Rezoning, Application no. Z-2014-01 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 no. Z-2014-01 as set forth in the Minutes
of Planning Commission Meeting of Apri122, 2014, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on Exhibit A: Zoning plat map and legal description.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not `�
limited to property boundary locations, building setbacks, property size, building square footage,
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Resolution No.6738 Z-2014-01 Apri122,2014
. any relevant easements and/or consfruction records. Any misrepresentation of any property elata
� may invalidate this approval andmay require additional review. '
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3. CONCURRENT APPROVAL CONDITIONS_- _ '
The conditions of approval contained in file nos. ASA-2014-02, TNI-2014-01; DP-2014-02, and_TR- �'
2014-08 shall be applicable to this approval.
4. INDEMNIFICATION
To the extent permitted;by`law, the Applicant shall indeinilify and hold harmless the City, its City
Councii; its officers� employees and agents (the "indeir�nified parties") from and against any claim,
action, or proceeding.brought by a third party against the indeinrufied parties and the applicant to
attack,set aside, or void fihis ordinanee or any permit or approval authorized hereby for the project, '
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action tivith
attorneys of its choice.
5. NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements,reservafion requirements, and other exactions. Pursuant to Government Code Section '
66020(d) (1), ,these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day �approval period in which you may protest these fees, dedications,
�} reservations,:and other exactions,pursuant to Governlnent Code Section 66020(a),has begun. If you
�``�-'� fail to file a protest withiil,this 90-day period complying with all of the requirements of Section
66020,you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 22nd day of Apri1,2014,Regular'Meefing of the Planning Commission of
the City of Cupertino;State of Cali_fornia,by'the following roll call vote:
AYES: COIVIMISSIONEIZS: Chair Brophy, Gong,Sun,Takahashi
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NOES: COMMISSIONERS:Vice Chair Lee
ABSTAIN: COMIVIISSIONERS:none
ASSENT: COMMISSIONEIZS:none
ATTEST: APPROVED:
ary PauT Brop�hy, Chair
ssist.Director of Community Development Plaruluzg Coinmiss' n
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Resolution No.6738 Z-2014-01 Apri122,2014
EXHIBIT A:ZONING PLAT MAP AND LEGAL DESCRIPTION �
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Z� NING PLAT MAP � '� '
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FROM: P{CGj ' ' '
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SCALE: 1/32j= 1'-0"
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235.17' 1''
io SILVER C�AK WAY
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j SITE AREA:0.622 ACRES �'� ; N; `
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�N . GROSS AREA: 1.02 ACRES o,>o �;
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172.52' 65.00 `�t 'E
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LEGAL DESCRIPTION: ! �, ',
ALL OF L�T 68,AS SHOWN ON THAT CERTAIN MAP ENTITLED'TRACT NO.4823 WESTRIDGE VILLAGE;' �' `
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER,SANTA CLARA � �
COUNTY,CALIFORNIA ON APRIL 23, 1970,IN BOOK 267 OF MAPS,AT PAGES 22 AND 23. THE GROSS �
AREA,MEASURED TO THE CENTERLINE OF FOOTHILL BLVD AND SIWER OAK WAY IS 1.02 ACRES. , $
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G:\Planning\PDREPORT\RES\2014\Z-2014-01 res.doc