Reso 6889 RESOLUTION NO. 6889
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT MCA-
2019-005, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADOPTING THE THIRD ADDENDUM TO THE 2014 GENERAL
PLAN EIR AND AMENDMENTS TO CHAPTER 19.80 (PLANNED
DEVELOPMENT (P) ZONES) OF THE CUPERTINO MUNICIPAL CODE TO
CLARIFY DEVELOPMENT STANDARDS IN P ZONES
WHEREAS, at a duly noticed public hearing held on November 12, 2019, the Planning
Commission of the City of Cupertino considered the Third Addendum to the 2014 General
Plan Amendment, Housing Element Update, and Associated Rezoning Project
Environmental Impact Report and proposed amendments to the City's Municipal Code
(Chapter 19.80) to clarify development standards in the Planned Development(P) Zones;
and
WHEREAS, the Planning Commission has duly considered all evidence, including
testimony and the evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED:
41111 1. The Planning Commission hereby finds and declares that each of the recitals and
findings set forth in the Draft Ordinance attached hereto as Exhibit A are true and correct
and are incorporated into this Resolution as though fully set forth herein.
2. The Planning Commission recommends that the City Council, in substantially
similar form to the Draft Ordinance attached hereto as Exhibit A, adopt the Third
Addendum to the 2014 General Plan Amendment,Housing Element Update, and Associated
Rezoning Project Environmental Impact Report and the proposed Municipal Code
Amendments to Chapter 19.80 (Planned (P) Development Zones) for the reasons stated
in the recitals and findings set forth in the Draft Ordinance.
PASSED AND ADOPTED this 12th day of November, 2019, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Wang, Vice Chair Saxena, Fung
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Moore
ABSENT: COMMISSIONERS: Takahashi
Resolution No.6889 MCA-2019-005 November 12,2019
ATTEST: APPROVED:
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Benjamin Fu R Wang
Director, Community Development Chair, Planning Commission
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EXHIBIT A
ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING THE THIRD ADDENDUM TO THE 2014 GENERAL PLAN FINAL
EIR AND AMENDMENTS TO CHAPTER 19.80 (PLANNED DEVELOPMENT
(P) ZONES) OF THE CUPERTINO MUNICIPAL CODE TO CLARIFY
DEVELOPMENT STANDARDS IN P ZONES
SECTION I: PROTECT DESCRIPTION
Application No: MCA-2019-005
Applicant:. City of Cupertino
Location: Citywide
APN#s: Various
SECTION II: RECITALS
WHEREAS, the City Council FY2019/2020 Work Program directs the City to clarify
objective standards within the City's General Plan and Municipal Code; and
WHEREAS, at the October 1, 2019 Council Meeting, the City Council reviewed areas that
were identified by staff and the Planning Commission as needing clarity and authorized
staff to commence preparation of amendments to the Planned Development (P) Zones to
clarify the development standards; and
WHEREAS, the Ordinance amends the City's Municipal Code as set forth in Exhibit A
to clarify the development standards to be applied to non-residential, residential and
mixed-use residential projects within P Zones; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public
health, safety, convenience, and general welfare, and the amendments herein are
necessary to implement the City's General Plan (Community Vision 2015-2040); and
WHEREAS, the proposed modifications to allow development in residential P Zones
without the adoption of a definitive plan, and to specify development standards for
anticipated uses in P Zones when a definitive plan is not adopted based on existing
development standards for those uses in other zones, will not impede the ability to
develop the City's Regional Housing Needs Allocation or housing for all income levels •
as anticipated by the City's Housing Element. The City will thus continue to be able to
address the housing needs of the region while clarifying development standards in the
P zone; and
WHEREAS, the proposed modifications will not result in any of the conditions requiring
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preparation of a subsequent EIR as described in Public Resources Code Section 21166 and
CEQA Guidelines Section 15162; and
WHEREAS, the City has prepared a Third Addendum("Third Addendum") to the Final
Environmental Impact Report("Final EIR") for the General Plan Amendment, Housing
Element Update, and Associated Rezoning Project (State Clearinghouse No.
2014032007) for Municipal Code Amendments to clarify development standards in the
Planned Development (P) Zones in compliance with the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") together with the
State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"); and
WHEREAS, the Third Addendum provides analysis and cites substantial evidence that
supports the conclusion that no subsequent envvironmental review is required because
there are no substantial changes in the project or the circumstances under which the
project is to be undertaken that would result in new or substantially more severe
environmental impacts requiring major revisions to the Final EIR, and there is no new
information that involves new significant environmental effects or a substantial increase
in the severity of previously identified environmental effects that would require
preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and
CEQA Guidelines Section 15162; and
WHEREAS, adoption of the Ordinance is exempt from CEQA under Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility that the clarifying
municipal code amendments may have a significant effect on the environment; and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning
Commission held a public hearing on November 12, 2019 to consider the Ordinance;
and
WHEREAS,on November 12,2019, the Third Addendum was presented to the Planning
Commission; and
WHEREAS, on November 12, 2019, by Resolution , the Planning Commission
recommended on a vote that the City Council adopt the Third Addendum for
modifications to the project and the proposed Municipal Code Amendments to clarify
development standards in the Planned Development (P) Zones; and
WHEREAS, on December 3, 2019, upon due notice, the City Council has held at least
one public hearing to consider the Municipal Code Amendment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
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0 WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its
independent judgment and reviewed and considered the information in the Third
Addendum, which concludes that no further environmental review is required for the
Municipal Code Amendments included in the Ordinance.
SECTION III
NOW, THEREFORE, BE IT ORDAINED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, the City Council hereby takes the following actions:
A. Determines that the Third Addendum reflects the independent judgment of the City.
B. Adopts the Third Addendum to the Final EIR for the modifications to the Municipal
Code Title 19 related to Planned Development (P) Zones;
C. Finds that this Ordinance is not a project under the requirements of the California
Quality Act of 1970, together with related State CEQA Guidelines (collectively,
"CEQA") because it has no potential for resulting in physical change in the
environment. In the event that this Ordinance is found to be a project under CEQA, it
is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
0 because it can be seen with certainty to have no possibility that the action approved
may have a significant effect on the environment. CEQA applies only to actions
which have the potential for causing a significant effect on the environment. Where
:it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA.
In this circumstance, the amendments to the City Code to clarify development
standards in P zones would have no or only a de minimis effect on the environment
because they merely adopt existing development standards for anticipated uses and
maintain existing provisions allowing adoption of alternative development standards
through approval of conceptual and definitive plans. The foregoing determination is
made by the City Council in its independent judgment; and
D. Adopts the Municipal Code amendments based on the findings described above, the
public hearing record, and the conditions specified below:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council finds the following as set forth by Municipal Code
19.152.020.C:
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1. That the proposed zoning is in accord with Title 19 of the Municipal Code and
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the City's Comprehensive General Plan (Community Vision 2040) and the proposed
amendments are internally consistent with Title 19 bf the Municipal Code.
The General Plan anticipates much of the development in the City would occur as infill
development as attached multi family housing. The General Plan has several policies that support
in-fill mixed-use residential development including Policies LU-1.3, LU-1.1, LU-5.2, Strategies
LU-1.3.1 and LU-8.3.1 and language to support the concept of mixed-use villages. The proposed
amendments to not change allowed uses, but clarify development standards to be applied, where
standards are not developed through various zoning plans. Since sites are anticipated to be
developed in a mixed-use attached multi family housing format, the R-3 zoning standards would
apply to residential development in the P Zoning districts, unless a property owner elects to
prepare a definitive plan. For mixed-use residential development, the standards are clarified to,
similarly, indicate that the zoning standards in the related zoning for the type of use proposed
would apply. I.e., for property with a mixed-use planned development with commercial and
residential uses zoning, the development standards of the General Commercial (CG) zoning and
the R-3 zoning would apply. The amendments also clarify that if there are any conflicts in the
standards, the most restrictive standard would apply. The amendments thus implement, and are
consistent with the General Plan and are internally consistent with Title 19 of the Municipal
Code.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The City has prepared a Third Addendum Final EIR for the General Plan Amendment, Housing
Element Update, and Associated Rezoning Project'that analyzes the potential environmental
effects of the proposed zoning amendments. The City Council has exercised its independent
judgment and reviewed and considered the information in the Third Addendum, which concludes
that no further environmental review is required for the proposed zoning amendments to comply
with CEQA.
Adoption of the Ordinance is exempt from CEQA under Guidelines section 15061(b)(3)because it can be
seen with certainty to have no possibility that the clarifying municipal code amendments may have a
significant effect on the environment.
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).
All the sites for which the standards are being clarified already have access to utilities and are
compatible with adjoining land uses. To the extent that there are deficient utilities, the City has
adopted mitigation measures to ensure that any future developments would need to provide the
appropriate utilities to accommodate the development. The proposed amendments do not affect
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Plan by clarifying the development standards for development.
4. The proposed zoning will promote orderly development of the City.
The proposed Municipal Code Amendments will promote orderly development in the City by
allowing development with clear standards.
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 Municipal Code Amendments are not detrimental to the health, safety, peace,
morals and general welfare since these are conforming changes that are necessary to implement
the Land Use Element of the City's General Plan. Additionally, where health or safety impacts
have been identified in the Final EIR, mitigation measures have been identified which would be
applicable to any development on these sites.
Section 3. The City Council approves the Amendments to the Municipal Code
(Application No.MCA-2019-005) as shown in Exhibit A and authorizes the staff to make
grammatical, typographical, numbering, and formatting changes necessary to assist in
production of the final published Municipal Code.
. Section 4. If any portion of this Ordinance or its application is for any reason
held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of
the remaining portions of the Ordinance, or its application to any other person or
circumstance.The City Council hereby declares that it would have adopted each section,
sentence, clause or phrase of this Ordinance,irrespective of the fact that any one or more
other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
Section 5. The City Council directs the Director of Community Development
to file a Notice of Determination with the Santa Clara County Recorder in accordance
with CEQA and the CEQA guidelines.
Section 6. The City Clerk shall give notice of adoption of this Ordinance as
required by law.
Section 7. This Ordinance shall take effect 30 days after the second reading of
the ordinance.
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INTRODUCED at a regular meeting of the City Council of the City of Cupertino •
the 3rd day of December, 2019 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the day of , 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date
APPROVED AS TO FORM: ID
Heather Minner, City Attorney Date
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EXHIBIT MCA
CHAPTER 19.80: PLANNED DEVELOPMENT (P) ZONES
Section
19.80.010 Purpose.
19.80.020 Applicability of regulations.
19.80.030 Establishment of districts-Permitted and conditional uses and
development standards.
19.80.040 Zoning or prezoning.
19.80.050 Development permit.
19.80.010 Purpose.
A. The planned':development (P) zoning district is intended to provide a means of
guiding land development or redevelopment of the City that is uniquely suited for
planned coordination of land uses and to provide for a greater flexibility of land use
intensity and design because of accessibility, ownership patterns, topographical
considerations, and community design objectives.
B. The planned 'development zoning district is specifically intended to encourage
variety in the development pattern of the community; to promote a more desirable
living environment; to encourage creative approaches in land development; to provide
a means of reducing the amount of improvements required in development through
better design and land planning, to conserve natural features, to facilitate a more
aesthetic and efficient use of open spaces, and to encourage the creation of public or
private common open space by establishing a process to consider and approve
conceptual and definitive plans that provide development standards and regulations to
advance these goals.
19.80.020 Applicability of Regulations.
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No building, structure or land shall be used and no building or structure shall be
erected, enlarged or structurally altered, or demolished, in any planned development
zoning district, except in accordance with the provisions set forth in this chapter.
19.80.030 Establishment of Districts-Permitted and Conditional Uses and
Development Standards.
A. Planned development zoning districts may be established, modified or removed
from the zoning map, and the regulations applicable to any planned development
district may be established, modified or deleted in accord with the procedures
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B. All P districts shall be identified on the zoning map with the letter coding "P"
followed by a specific reference to the general type of use allowed in the particular
planned development zoning district. For example, a planned development zoning
district in which the uses are to be general commercial in nature, would be designated
"P(CG)." A planned development zoning district in which the uses are intended to be a
mix of general commercial and residential would be designated "P(CG, Res)."
C. Permitted uses in a P zoning district shall consist of all uses which are permitted
in the zoning district referenced following the letter "P", unless a conceptual
development plan, specific plan, or other zoning plan, further restricts the uses. For
example, the permitted uses in a P(CG) zoning district are the same uses which are
permitted in the CG zoning district. For sites with a mixed-use residential designation,
Section 19.80.030E shall apply.
D. Conditional uses in a P zoning district shall consist of all uses which require the
issuance of a conditional use permit in the zoning district referenced following the letter
"P," unless a conceptual development plan, specific plan, or other zoning plan, further
restricts the uses. For example, the conditional uses in a P(CG) zoning district are the
same uses which require a conditional use permit in the CG zoning.district. Each
conditional use in a P zoning district required a separate conditional use permit. For
sites with a mixed-use residential designation, Section 19.80.030E shall apply.
E. For sites with a mixed-use residential designation the following shall apply:
1. For sites in the Monta Vista Village Special Area, residential shall be a permitted
use.
2. If a site is listed as a Priority Housing Site in the City's adopted Housing Element
of the General Plan, then residential development that does not exceed the number of
units designated for the site in the Housing Element shall be a permitted use.
3. Residential development on sites not designated as Priority Housing Sites in the
City's adopted Housing Element of the General Plan and residential development on a
Priority Housing Site that exceeds the number of units designated for that Priority
Housing Site shall be a conditional use, except as provided in subsection 5, below.
4. Priority Housing Sites shall be shown on the City's zoning map.
5. For sites zoned P(R3, CG), no conceptual or definitive plans shall be required to
establish permitted and conditional uses. Multifamily residential use is the primary
permitted use. Commercial uses may be incorporated into the development on the
ground floor but shall not be the primary permitted use.
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® F. The development standards and regulations for residential only and mixed-use
residential projects in a P zoning district shall consist of the following:
1. All development standards and regulations in the General Plan and any
adopted specific plan, conceptual development plan, definitive plan, or other zoning
plan, and, to the extent not addressed in those plans, all development standards and
regulations for the zoning district referenced following the letter "P." The development
standards and regulations for a residential development are those established for the R-
3 zoning district.
2. In implementing subsection (1) above, mixed-use projects shall comply with
the development standards and regulations in the R-3 zone and the referenced zoning
district by proposed use. For example, residential portions of the project shall comply
with the development standards and regulations in the R-3 zoning, commercial
portions of the project shall comply with the development standards and regulations in
the CG zoning, industrial portions of the project shall comply with the development
standards and regulations in the ML/MP zoning, whichever is referenced, and office
portions of the project shall comply with the development standards and regulations in
the OA/OP zoning, whichever is referenced. In the event of any conflicts, the most
restrictive standard or regulation shall apply.
G. For projects with no residential component proposed in a P zoning district, the
development standards and regulations of the permitted and conditional uses shall be
established in conjunction with the approval of conceptual and definitive plans, and
such projects shall also comply with any adopted specific plan, or other zoning plan.
For sites which require a specific plan prior to development approval, the permitted
and conditional uses and all development regulations shall be as shown in the specific
plan.
19.80.040 Zoning or Prezoning.
A. Application. The applicant for zoning, prezoning, or rezoning of property to a P
zoning district shall, in addition to information required per Chapter 19.12, at the time
of the application, submit to the Director of Community Development a conceptual
development plan, which shall include:
1. A general description of the proposed uses,
2. The proposed traffic-circulation system,
3. A topographical map of the site and the neighboring properties,
4. A landscaping plan.
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B. Process and Review Authority.
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1. Applications for the zoning, prezoning or rezoning of property shall be
processed in the manner prescribed in Chapter 19.152.
C. Findings. No such ordinance may be adopted unless, in addition to making the
findings required by Chapter 19.152, the following findings are made:
1. That the conceptual development plan attached to the application is consistent
with both the General Plan and any underlying zoning designation which regulates the
site;
2. That the conceptual development plan provides for an organized and unified
system of land uses and land use intensities which would be compatible with the
surrounding neighborhood;
3. That the conceptual development plan for a residential use ensures that the
proposed development provides adequate active and passive oriented open space
within the development to satisfy the needs of future residents and, further, that the
proposed development provides adequate landscaping that will function in a manner
which will enhance the individual development and the community as a whole;
4. That the conceptual development plan ensures that the location of the site with
respect to major thoroughfares and uses outside the zone would not create undue and •
unreasonable traffic congestion in the area;
5. That the conceptual development plan makes provisions for adequate parking,
waste disposal and undergrounding of utilities.]
D. Modifications. Any modification of the conceptual plan requires the submission
of a rezoning application.
19.80.050 Development Permit.
Process and Review Authority - Prior to any development within a planned
development zoning district, the applicant must obtain a development permit and a
required or requested definitive plan approving the development pursuant to the
requirements of Chapter 19.156. A required or requested definitive plan may be
reviewed and approved concurrently with the development permit.
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