Reso 6835CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6835
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION
AND ORDINANCE AMENDING THE GENERAL PLAN LAND USE
AND ZONING MAPS AS SHOWN IN EXHIBIT A
SECTION I• PROTECT DESCRIPTION
Application No: GPA -2017-01, Z-2017-01
Applicant: City of Cupertino
Location: Citywide
APN(s): 326 49 034, 326 49 035, 326 49 039, 357 07 029, 357 06 014, 357 06 019; 326 27 030,
357 09 053, 342 52 006, 342 48 999, and 326 41 115)
SECTION II: RECITALS
WHEREAS, each mandatory element of the City's General Plan may be amended„no
more than four times during any calendar year and, subject to that limitation, an
amendment may be made at any time, as determined by the legislative body ” (Cal.
Gov. Code 65358(b)); and
WHEREAS, California Government Code Section 65358(a) provides that: "If it deems it
to be in the public interest, the legislative body may amend all or part of an adopted
general plan. An amendment to the, general plan shall be initiated in the manner
specified by the legislative body...."; and
WHEREAS, amendments to the General Plan are made by a resolution of the City
Council; and
WHEREAS, amendments to. the Zoning Code are made by ordinance of the City
Council;
WHEREAS, Cupertino Municipal Code Chapter 19.152.020 provides the procedures,
approval authority and findings for amendments to the zoning map and changes. in
district boundaries; and
1
WHEREAS, corrections are necessary because General Plan land use map and zoning
map must be internally consistent; and
WHEREAS, the proposed amendments to the General Plan land use map and the
proposed amendments to the zoning map will correct inaccuracies in these maps and
will not add development capacity or result in a change of land use, development
rights, or regulations for any of the affected parcels; and
WHEREAS, the proposed amendments to the General Plan land use map and the
proposed amendments to the zoning map are exempt from the requirements of the
California Environmental Quality Act (CEQA) because "it can be seen with a certainty
that there is no possibility that the activity in question may have a significant effect on
the environment," and are, therefore, not subject to CEQA (CEQA Guidelines §
15061(b)(3)); 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 a public hearing on August 8, 2017 to consider the proposed
amendments.
SECTION III: FINDINGS
In accordance with Cupertino Municipal Code Chapter 19.152.020 (Amendments to the
Zoning Maps and Zoning Regulations), the Approval Body may approve of an
application to change the district boundaries, if it finds all of the following:
1. That the proposed zoning is in accord with this title of the Municipal Code and the
City's Comprehensive General Plan.
Parcels #1-8 are public facilities or public parks and open spaces. The requested corrections align
the general plan land use with the internally correct zoning of either BA (public buildings) or
PR (parks and recreation).
Parcel #9 (14,578 sq.ft. and -54 feet wide) was originally offered and accepted as a public
roadway easement to the City for future development in the area of the Diocese/Oak Valley.
However, this easement was formally vacated in 1999, because during development of the Oak
Valley neighborhood, Oak Valley Road was located approximately 500 feet to the south instead of
in the area of the easement. Once vacated, the land use designation of the easement was changed
to Quasi-public/Institutional and was zoned "Planned Development with Institutional uses"
(P(Institutional)) to match the zoning of the Forum. However, during the last General Plan
Update in 2014, as a result of inaccurate data from the County Assessor's records, which
reflected this parcel to be owned by the City, the land use designation and zoning designations
were incorrectly changed to Parks and Open Space and PR. The current change in the land use
and zoning designations is proposed to correct the City's past erroneous action.
Parcel #10 is a portion of property offered for dedication to, and accepted by, the City for open
space purposes. However, this was not reflected in the City's general plan land use or zoning
maps.
Parcel #11 is a privately -owned, single family residential parcel. The northeast corner of the
subject parcel was once a surplus City -owned parcel that was eventually sold to the adjacent
property owner of 10500 Castine Avenue. The transaction to merge the parcels into one single
family residential lot occurred in 2016. However, the land use designation needs to be updated to
reflect this transaction.
The total effect of making these revisions does not add development capacity for any of the
parcels.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The proposed amendments to the General Plan land Use Map and the proposed amendments to
the Zoning Maps will correct inaccuracies in these maps and will not add development capacity
or result in a change of land use, development rights, or regulations for any of the affected
parcels. Therefore, the proposed amendments are exempt from the requirements of the California
Environmental Quality Act (CEQA) because "it can be seen with a certainty that there is no
possibility that the activity in question may have a significant effect on the environment" and
are, therefore, not subject to CEQA (CEQA Guidelines § 15061(b)(3).)
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).
Parcels #1-8 are public facilities or public parks and open spaces. The requested corrections align
the general plan land use with the internally correct zoning of either BA (public buildings) or
PR (parks and recreation).
Parcel #9 (14,578 sq.ft. and -54 feet wide), was originally offered and accepted as a public
roadway easement to the City for future deelopment in the area of the Diocese/Oak Valley.
However, this easement was formally vacated in 1999, because during development of the Oak
Valley neighborhood, Oak Valley Road was located approximately 500 feet to the south instead of
in the area of the easement. Once vacated, the land use designation of the easement was changed
to Quasi-publiclInstitutional and was zoned "Planned Development with Institutional uses"
(P(Institutional)) to match the zoning of the Forum. However, during the last General Plan
Update in 2014, as a result of inaccurate data from the County Assessor's records, which
reflected this parcel to be owned by the City, the land use and zoning designations, were
incorrectly changed to Parks and Open Space and PR. The current change in the land use and
zoning designations is proposed to correct the City's past erroneous action.
Parcel #10 is a portion of property offered for dedication to, and accepted by, the City for open
space purposes. However, this was not reflected in the City's general plan land use or zoning
maps.
Parcel #11 is a privately -owned, single family residential parcel. The northeast corner of the
subject parcel was once a surplus City -owned parcel that was eventually sold to the adjacent
property owner of 10500 Castine Avenue. The transaction to merge the parcels into one single
family residential lot occurred in 2016. However, the land use designation needs to be updated to
reflect this transaction.
The total effect of making these revisions does not add development capacity for any of the
parcels.
4. The proposed zoning will promote orderly development of the City.
As a result of responding to public inquiries, along with city actions over the years, Planning
staff have identified parcels for which the general plan land use designation and zoning is not
internally consistent or correct or has not been updated to correlate with known city actions,
such as resolutions, ordinances, recorded tract maps, purchases and agreements. Corrections
assure internal consistency and provide for orderly development by assuring that maps are
accurate and, in a timely manner, reflect city actions that have already occurred.
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.
There is no increase in development capacity and therefore is not detrimental to the health,
safety, peace, morals and general welfare of persons residing or working in the neighborhood of
subject parcels.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission recommends City Council approval of the proposed
amendments in substantially the form as shown in Exhibit "A," attached.
PASSED AND ADOPTED this 8th day of August 2017, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
COMMISSIONERS: Vice Chair Paulsen, Fung, Liu
NOES:
COMMISSIONERS: none
ABSTAIN:
COMMISSIONERS: none
ABSENT:
COMMISSIONERS: Chair Sun, Takahashi
ATTEST:
Benjamin Fu
Assist. Dir. of Community Development
APPROVED:
40,Ae" .
Geoff au sen
Vice Chair, Planning Commission
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