Reso 6915 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6915
OF THE CUPERTINO PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL AMEND PROCEDURES
FOR PROCESSING OF GENERAL PLAN AMENDMENT APPLICATIONS
The Planning Commission recommends the City Council:
1. Find that this Resolution 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, either directly or ultimately. 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)because it can be
seen with certainty to have no possibility of a significant effect on the
environment.
2. Adopt the proposed Resolution, with the findings reflected in the proposed
Resolution, which the Planning Commission makes as though set forth in their
entirety in this Resolution, in substantially the form as shown in said Exhibit
entitled:
A RESOLUTION OF THE CITY OF CUPERTINO
AMENDING PROCEDURES FOR PROCESSING OF
GENERAL PLAN AMENDMENT APPLICATION
PASSED AND ADOPTED this 12th day of January, 2021, 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 Wang, Saxena, Kapil, Takahashi, Fung
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Piu Ghosh Ray "R" Wang
Planning Manager Acting Chair, Planning Commission
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF CUPERTINO
AMENDING PROCEDURES FOR PROCESSING OF
GENERAL PLAN AMENDMENT APPLICATION
WHEREAS, upon evaluating various programs to manage development to
address development issues in light of concerns about rapid growth and the impacts of
such growth overwhelming the City's ability to accommodate it,as well as the substantial
impacts of development on quality of life in the community, on September 1, 2015 the
City Council of the City of Cupertino adopted a resolution for procedures for processing
of General Plan Amendment Applications; 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, 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, the City's Municipal Code does not address the timing or initiation of
general plan amendments; and
WHEREAS, the City desires to set forth an orderly process, in accordance with its
legislative discretion, to consider General Plan amendments and ensure that proposals
are fairly considered in light of the City's goals and concerns about growth; and
WHEREAS, the City has prepared General Plan Amendment Procedures to
provide a process for preliminary review of proposed amendments; and
WHEREAS, the procedures include, among other things: (1) notice provisions to
ensure the public has an opportunity to comment;(2)evaluation criteria to ensure general
plan amendments that move through the application process are in the public interest
and meet the City's goals for development, including provision of community amenities;
and (3) requirements for requesting preliminary review of a proposed General Plan
amendment; and
WHEREAS, at the July 7, 2020 City Council Study Session, Council provided
direction to staff to amend the General Plan Amendment Authorization process; and,
WHEREAS, with Resolution No. 6915 the Planning Commission has
recommended on a 5-0-0 vote that the City Council adopt the resolution in substantially
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similar form as presented in Planning Commission Resolution No. 6915 with exception
to frequency; and
WHEREAS, Planning Commission voted 2-3 (Fung, Takahashi, and Kapil voting
no) for General Plan Amendment Authorizations for once a year, and Planning
Commission voted 3-2 (Wang and Saxena voting no) for allowing General Plan
Amendment Applications to be submitted twice a year; and,
WHEREAS,on February 2,2021 upon due notice,the City Council has held at least
one public hearing to consider the Planning Commission's recommendation and the
resolution; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby adopts the amended General Plan Amendment Procedures attached
hereto, subject to minor revisions as may be made by the City Manager in consultation
with the City Attorney.The City Council hereby authorizes City staff to process proposed
General Plan amendments in accordance with the General Plan Amendment Procedures
and to take any and all other actions necessary to implement the procedures.
AND BE IT FURTHER RESOLVED that this Resolution 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, either directly or ultimately. 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) because it can be seen with certainty to have no
possibility of a significant effect on the environment. CEQA applies only to projects
which have the potential of 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 would have no or only a de minimis
impact on the environment. The foregoing determination is made by the City Council in
its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this day of by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
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SIGNED:
Darcy Paul, Mayor Date
City of Cupertino
ATTEST:
Kirsten S uarcia, City Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
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PROCEDURES FOR PROCESSING OF GENERAL PLAN
AMENDMENT APPLICATIONS
1. Background/Goals
Like many communities throughout the State, Cupertino is concerned about
balancing the benefits of economic development with the effects of rapid growth.
The impacts of such growth can overwhelm the City's ability to accommodate it
and affect the quality of life in the community.
The goal is to create a procedure for the consideration of future General Plan
amendments that will encourage orderly development of the City and ensure that
facility/service and quality of life standards can be met for the community. These
procedures only address amendments requested by private parties. The City may
initiate General Plan amendments when it deems necessary, such as, to conform
to State law or to ensure consistency within the General Plan.
2. Procedure
a. The Council will consider the timing and processing of General Plan
amendments twice a year, approximately every six months.
b. In order to be considered for processing, applicants will be required to apply
for authorization to process a General Plan amendment by the third Monday
in January of each year.
c. In the quarter following the due date (generally), the Planning Commission
will hold a publicly noticed meeting to preliminarily review the list of
proposed General Plan amendments and provide a recommendation to
Council.
d. Generally within 45 days after the Planning Commission's meeting, the
Council will hold a publicly noticed meeting to preliminarily review the
proposed General Plan Amendments and consider the Commission's
recommendation.
e. In addition to noticing required for public meetings, a city-wide postcard shall
be mailed prior to the Planning Commission meeting.
f. Each application will be preliminarily evaluated for the following:
(i) General Plan goals achieved by the project,including,but not limited to,
the following:
(1) Site and Architectural design and neighborhood compatibility
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(2) Brief description of net fiscal impacts (sales tax, transient
occupancy tax or other revenue provided by the project)
including a diverse economic base
(3) The provision of affordable housing
(4) Environmental Sustainability
(5) Traffic Impacts
(6) Expected student generation, if applicable.
(ii) General Plan amendments (and any other zoning amendments or
variances) requested.
(iii)Proposed voluntary community amenities, as defined in Section 3, if
any.
(iv)Staff time and resources required to process the project.
g. Based on the above evaluation the Council will consider which projects, if any,
will be authorized to proceed with a General Plan amendment application.The
decision does not in any way presume approval of the amendment or project.
It only authorizes staff to process the application, but the City retains its
discretion to consider the application in accordance with all applicable laws,
including the California Environmental Quality Act ("CEQA") and the City's
zoning laws and ordinances. Consideration of the application will be in
accordance with the City's Municipal Code and regulations.
h. Staff will begin processing the General Plan amendment applications per
Council direction.A project that applies for processing should be in substantial
compliance with the project authorized by Council.
i. Proposals not authorized by the Council at the first meeting (per 2.d. above)
may be resubmitted with minor amendments, not more than once, within six
(6) months. Such projects will be processed in the manner outlined in
subsections (c)— (g) above.
3. Voluntary Community Amenities
a. For purposes of this policy, voluntary community amenities are defined as
facilities, land and/or funding contributions to ensure that any development with
a General Plan amendment application enhances the quality of life in the City,
including enhancements of the following:
(i) School resources
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(ii) Public open space, such as parks and trails
(iii)Public facilities and utilities, such as library, community center or utility
systems
(iv)Transportation facilities with an emphasis on city-wide bicycle, pedestrian
and transit improvements, such as community shuttles, pedestrian and
bicycle bridges, and transit centers/stations
4. Preliminary Review Requirements
a. Preliminary documents that would be typically required for the type of
application that is requested, such as site plans, preliminary landscape plans,
elevations, cross sections, preliminary grading plans and proposed materials.
b. A description, including graphics, of the General Plan amendment(s) and land
use approvals required, if any. The description should include diagrammatic
information as necessary to clearly explain the request.
c. An explanation of how the proposed project meets the overall goals of the
General Plan and the benefits/impacts of the project to the community and its
quality of life.
d. A brief summary of net fiscal impacts.
e. In order to provide the public with early notice and opportunity to provide
input, to the extent the proposed project includes voluntary community
amenities, as defined in Section 3 above, of a type typically memorialized in a
development agreement,the applicant should include a Term Sheet explaining
the proposed terms. The Term Sheet will be memorialized in a Development
Agreement as part of the project, if approved.
5. Modification to the General Plan Amendment Requests
a. Only one(1)application for modifications that increase the number or intensity
of General Plan Amendments may be made per previously authorized project.
b. The revised proposal shall be considered at a publicly noticed meeting by the
Council based on the evaluation criteria listed in subsection 2(f) above.
Noticing for the meeting shall include citywide postcard mailing.
c. The Council's decision does not in any way presume approval of the
amendment or project. It only authorizes staff to process the revised proposal,
but the City retains its discretion to consider the application in accordance with
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all applicable laws, including the California Environmental Quality Act
("CEQA") and the City's zoning laws and ordinances. Consideration of the
application will be in accordance with the City's Municipal Code and
regulations.
1325782.1
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