Reso 6790 Z-2015-01
,R�
�ti,V,.J CITY OF CLTPERTINO
10300 Torre Avenue
- . , Cupertino, Califorrua 95014
RESOLUTION No. 6790
A RESOLUTION OF THE PLANNING.COMMISSION ;
OF,THE CITY OF CUPERTINO RECOMlyIENDING REZQNING OF'A 0.98 ACRE
PARCEL FROM LIGHT INDUSTRIAL,WITH.SPECIAL DEVELQPIVIENT
CONDITIONS (ML-FA)T'O PLANNED DEVELOPMENT ZONING DISTRICT WITH
` LIGHT INDUSTRIAL AND COMMERCIAL'USES P(ML, CG)
�. � � � _, , .
SECTION I: PROTECT DESCRIPTTON` ' `
Application No.: Z-2015-01
Applicant: City of Cupertino
Property`Qwner: Sproutzone LLC , :
Location: : 10950 N. Blaney Avenue (APN:316 03 041) _
� ,
;.
�,�.,.� �SECTION II: FINDINGS FOR REZONING
4wui J� . . . � : . , , �
WHEREAS;the Planning Commission of the City of Cupertino received an application
for the rezoning of properfy, as'deseribed in Section I of`this Resolution; and
WHEREAS, the proposed rezoning was described and analyzed in the General Plan ,
Ameridmerit, Housing Elemeilt Update, and Associated Rezoning Project
` Environmental Impact Report (State Clearinghouse No. 2014032007) `certified on ,
.. , _ ,,
December 4, 2014 ("Final EIR"); and
WHEREAS, the necessary public notices have been given as required by the_procedu.ral I
ordinances of the City of Cupertino and the �Governsnent Code, and the Plannulg
Commission held public hearings on September,22;.2015 to consider the project; and
WHEREAS, the Plailning Commission has deterrriined that the proposed rezorung does
not meet the criteria for preparing a subs�quent or;supplemental EIR under CEQA ,
Guidelines Sections 15162 and 15163; and,
�
WHEREAS, an Addendum to the Final EIR has therefore been prepared pursuant to
CEQA Guidelines Section 15164 for the rezoriing in order to analyze the rezoning along
with proposed General Plan text'and map revisions; arid '
f'�.....�
�,:...,�
�
WHEREAS, the Addendum provides analysis and cites substantial evidence that ;�
supports the City's determination that the rezoning will not have any physical impact
on the environment, including no increases in Greenhouse Gas emissions, no increased
impacts to Biological Resources, no impacts to aesthetics, no generation of additional
criteria pollutant emissions from stationary and mobile sources, no reductions in water
quality, no impacts to mineral resources or no new adverse impacts related to noise and
vibration, no impacts to public services and no impacts to public utilities. The changes
related to the re-insertion of language related to LOS thresholds in the Mobility Element
were metrics used to analyze potential project impacts in the Final EIR, and the
modifications do not result in impacts to the circulation system; and
WHEREAS, the proposed rezoning would not require major revisions to the Final EIR
due to new or substantially increased significant environmental effects. There have been
no substantial changes with respect to the circumstances under which the Rezoning
would be undertaken that would require major revisions of the Final EIR due to new or
substantially increased significant environmental effects, and there has been no
discovery of new information of substantial importance that would trigger or require
major revisions to the Final EIR due to new or substantially increased significant
environmental effects; and
WHEREAS, the Planning Commission has recommended adoption of the Addendum in
Resolution No. 6789; and �
WHEREAS, the Planning Commission finds the following with regard to this
application:
1. That the rezoning is in accord with Title 19, Zoning, of the Cupertino Municipal
Code and the city's General Plan.
2. That the property involved is adequate in size and shape to conform to the new
zoning designation.
3. That the new zoning encourages the most appropriate use of land.
4. That the rezoning is not detrimental to the health, safety, peace, morals and general
welfare of persons residing or working in the neighborhood of subject parcels.
5. That the rezoning promotes the orderly development of the city.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the Final EIR and Addendum, maps, facts, exhibits,
testimony and other evidence submitted in this matter, the Planning Commission
recommends approval of the rezoning with the findings reflected in the Draft Ordinance
attached hereto as Exhibit Z.
-2- �
PASSED AND ADOPTED this 22nd day of September,2015, at a Regular 1Vleeting of the
�� Planning Commission of the City of Cupertino by fhe following roll call vote:
AYES: CONIlVlISSIOIVERS: Vice Chair Takahashi, Gong, Sun, Paulsen
1VOES: COlV1MISSIONERS: Chair Lee
ABSTAIN: ' CONIlVIISSIOlVERS: none °
ABSEIVT: COIVLMISSIOI�TERS: none
ATTEST: ' APPROVED: :_
����� - � . _
C��c%L� _
,
Aarti Shrivastava � Winnie Lee, ir
Assistant City Manager , Planning Commission
�...J = :
_ i
I
_ ,
� -
-3- f
EXHIBIT Z
DRAFT OIZDINANCE NO. 15- �
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REZONING A 0.98 ACRE PARCEL FROM LIGHT INDUSTRIAL WITH
SPECIAL DEVELOPMENT CONDITIONS (ML-fa) TO PLANNED
DEVELOPMENT ZONING DISTRICT WITH LIGHT INDUSTRIAL AND
COMMERCIAL USES P(ML, CG)
SECTION I: PROTECT DESCRIPTION
Application No: Z-2015-01
Applicant: City of Cupertino
Location: 10950 N. Blaney Avenue (APN: 316 03 041)
SECTION II: RECITALS
WHEREAS, immediately prior to the Council's consideration of this rezoning, and
following the Commission's recommendation, the Council adopted Resolution No. 15-
x:XX, adopting a General Plan Amendment to amend the land use designation of the
property which is the subject of this rezoning ordinance from Industrial/Residential to
Industrial/Commercial/Residential; and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map, �
proposed uses and surrounding uses; and
WHEREAS, the proposed rezoning was described and analyzed in the General Plan
Amendment, Housing Element Update, and Associated Rezoning Project
Environmental Impact Report (State Clearinghouse No. 2014032007) certified on
December 4, 2014 ("Final EIR"); and
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning
Commission held public hearings on September 22, 2015 to consider the project; and
WHEREAS, the Planning Commission has determined that the proposed rezoning does
not meet the criteria for preparing a subsequent or supplemental EIR under CEQA
Guidelines Sections 15162 and 15163; and,
WHEREAS, an Addendum to the Final EIR has therefore been prepared pursuant to
CEQA Guidelines Section 15164 for the rezoning in order to analyze the rezoning along
with proposed General Plan text and map revisions; and
WHEREAS, the Addendum provides analysis and cites substantial evidence that
supports the City's determination that the rezoning will not have any physical impact �
� `on the environment; including no increases iri.Gr`eenhouse Gas emissions; no increased
impacts to Biological Resources; no impacts to aesthetics, does not result in the
:generation of additional criteria pollutant emissions from stationary and mobile '
_; < -. . ,
- sources, no reducEions in water quality, no impacts to 'mineral resou.rces or no new
adverse impacts related to noise and Vibratiori; no .irripacts to public services and no
impacts to public ufilities.`Tl1e cllanges'related to'the re=insertion of language related to
LOS'thresholds in the Mobility Eleme'rit were`mefrics used to analyze poteritial project
iriipacts in the Firia1' EIR, `'and `the modificatioris do riot result in impacts to the
, ;
,.
circulation system; and ' '
� .
WHEREAS, the proposed rezoning would not.require major revisions to.the Final EIR
due to new or substantially increased significant envirorunental effects. There have`been
no substantial changes with respect fo the: circumstances under whieh the Rezoning,
would be undertaken that would.require rnajor revisions of the Final EIR due to new or
� substantially iricreased significant environxnental effects, and there has been- no
di"scovery of new information of substantial importarice that would trigger or require .
_ inajor ,revisions-:to the Final EIR due -to new or substaritially increased significant
environmenfal.effects;and
WHEREAS;the City Council adopted the Addendum in.Resolution No. 15-�:XX; and
WHEREAS; upori due'notice, the City Council has held at Ieast one pub'lic hearing'that
O the amendment to the'Zoning map be granted and on the rest of the project'approvals
ori October'20, 2015;'and
WHEREAS�the City Council finds the following: ;�
� 1. That the proposed zoning is in accord with the 1VIunicipal Code and the City's
General Plan (Community Vision 2015-2040)
The proposed zoning is in, conformance with the General Plan since the City Council adopted
amendments'to.the General Plan. These changes aYe meYe conforniing changes,to make the City's
- zoning map;conform to the land use.
2. The proposed zoning is in:compliance with the provisions of the California
Environmental Qualify Act (CEQA).
.The proposed rezoning was descYibed and analyzed in the General Plan Amendment, Housing
Element Update, and Associated Rezoning 'Project Environmental Impact IZeport (Stdte
_�
, Clearinghouse No. 2014032007)�certified:on Dec'ember 4, 2014''("Final EIR"); all mitigation ,.
measures identified: in the Final EIR have been adopted and incorporated into the pYoject to
��educe'the impacts of new development to the extent feasible. In addition, an Addendum to the
- Final EIR for the rezoning along with a General Plan Amendment was prepared, which analyzes.
the proposed rezoning and concludes that the proposecl rezoning does not meet the criteYia for
� -5-
preparing a subsequent or supplemental EIR under CEQA Guidelines Sections 15162 and �
15163.
3. 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 site being rezoned has access to utilities, is located on the valley floor, and does not have any
physical constraints to development. To the north of the property is about 2 acres of property
zoned Planned Development Zoning District with General Commercial Uses (P(CG)].
Therefore, the addition of the commercial zoning designation to this property would further
improve compatibility of the property with adjoining uses.
4. The proposed zoning will promote orderly development of the City.
The sites being rezoned will promote orderly development in the City by allowing similar land
uses to be located compatibly. As previously, mentioned, the property located to the north of the
subject property is zoned Planned Development Zoning District with General Commercial Uses
(P(CG)]. Addition of the General Commercial Zoning Designation to this property would allow
compatibility of the property with adjoining uses and therefore, promote orderly development of
the City and easier applicability of zoning regulations.
5. 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 zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes. Where potential environmental and human health impacts
were identified in the Final EIR, mitigation measures were adopted to reduce the impacts to the
extent feasible.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the, maps, facts, exhibits, testimony, public comment,
and other evidence submitted in this matter, the City Council based upon the findings
described above, the public hearing record and subject to the following, finds:
Section 1. That the property shown/described in Exhibit Z-1 (attached) shall have a
zoning designation as shown.
SECTION III: CEQA REVIEW
An Environxnental Impact Report and Addendum was prepared in accordance with the
California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et
seq.
-6- �
� �~'� :Il�TT'IZOI��JCED at a reguiar meeting of the Cupertino City Council the day of
�`J 2015 and EI�IAC'I'EI� at a regular meeting of the:Cupertino City Council on �'
' this day of 2015 by the following vote:
1�Y�S:
l�tO�S: J
_ A�SEl�1T':. . __ _ ,.
, '�
�. . ' 1�.�STA.�1Vt
ATTEST: ` APPROVED:
� � � ., ._ �
��� � �, ;: ,
,
Grace Scliiziidt; City Clerk ' Rod�Sinks, Mayor,
City of'Cupertino
. l�� . . : .. . . � .
0 � � � � . � � �
, _ _ �
� ,
o - . _ _
_�_ ,
EXHISIT Z-1
707867.4 � .
LEGEND
Quasi-Public Building(BQ}
Planned General Commercial,P(CG)
� Planned Light Industrial/General
Commercial,P(ML,CG) - HOMES�EAD -.- � ��_ _ ROAD
�_� ��,. � �: �30 --- _-- � _. __ _�_'
� acri�c.
� Subject Property „ n �� .�` '_ �
�;.,
�_ - �.�� �� io
�ti. Q p
.:
N .3 _ °;C
l� ��
�' "'O
'.�.� �n
�, cu
. , (' O
� zs?o � � � -A
. p a,', .. . . �
z � `�
I"'
/ �1W' ��
� � �w �
r..� � �,r;x�;
� ,.
2 r,'�
�� � � ��
� {!
f �I
�
1 �
D,,; `- y
� " ;i _.
m
- . .. . l�Y r_• �
. . . . .. , � i r_
T �j,
_ �� - . -_t i �i
!
—_ ' i i
E � � �
5 �
�t�
� � � �
'a�,
t >.� �``�u'i�,"�;Ur�ti;�_... �I
G) ,
_.�
�--_.,� _ , '
�ta .,d., d p b.r.
� "�5=Y+w.e �`�,
. � ,..,,��.`��� ,n�c. �y}:
: � v!� ;�� R p ' '' ,
PROPERTY DETAILS: � S� i�
APN:316-03-041 � '�--�-- RRq ��`E ��
Address: 10950 N. Blaney Ew,��,. ��-��� N
,�y ���
Acreage=0.98 �m `�,. —�S�—
g 28Q
ZONE CHANGE �-�c ,
From: Light Industrial (ML—fa) �
To: Planned Light Industrial/ � �`� .
General Commercial, P(ML,CG) '�
� �
!
II