PC 03-16-2021 (Special)CITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
This will be a teleconference meeting with no physical location
Tuesday, March 16, 2021
4:30 PM
Amended Non-televised Meeting, Special Meeting
Amended at 4:15 pm, March 15, 2021 to change the meeting start time
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 3:00 p.m. on Tuesday, March 16th to the Planning Commission at
planningcommission@cupertino .org. These e-mail comments will be received by the
Planning Commission before the meeting and posted to the City ’s website after the
meeting.
2) E-mail comments during the times for public comment during the meeting to the
Commission at planningcommission@cupertino.org. The staff liaison will read the emails
into the record, and display any attachments on the screen, for up to 3 minutes (subject to
the Chair’s discretion to shorten time for public comments). Members of the public that
wish to share a document must email planningcommission@cupertino.org prior to
speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item .
To address the Committee, click on the link below to register in advance and access the
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Planning Commission Agenda March 16, 2021
meeting:
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name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic .
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48
hours in advance of the meeting to arrange for assistance. In addition, upon request, in
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Planning Commission Agenda March 16, 2021
advance, by a person with a disability, meeting agendas and writings distributed for the
meeting that are public records will be made available in the appropriate alternative
format.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that a special meeting of the Planning Commission is hereby
called for Tuesday, March 16, 2021, commencing at 4:30 pm. In accordance with Governor
Newsom’s Executive Order No-29-20, this is a teleconference meeting without a physical
location. Said special meeting shall be for the purpose of conducting business on the
subject matters listed below under the heading “Special Meeting”.
SPECIAL MEETING:
ROLL CALL
NEW BUSINESS
1.Subject: Report on the location, purpose, and extent of the City of Cupertino’s
proposed acquisition of real property as to conformity with Cupertino ’s General Plan.
Project Name: Land Acquisition, Torre Avenue; Applicant(s): City of Cupertino;
Location: 10455 Torre Avenue APN # 369-40-009
Recommended Action: That the Planning Commission conduct the hearing and find :
1) that the proposed action is exempt from CEQA; and
2) determine that the location, purpose, and extent of the acquisition of the property is
in conformance with the City's General Plan
Staff Report
1 - Draft Resolution
2 - Tract Map 5220
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
Page 3
Planning Commission Agenda March 16, 2021
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives
linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
Page 4
1
PLANNING COMMISSION STAFF REPORT
Special Meeting: March 16, 2021
SUBJECT
City of Cupertino’s potential acquisition of 10455 Torre Avenue, Cupertino (APN
369-40-009)
RECOMMENDED ACTION
That the Planning Commission adopt the Draft Resolution (Attachment 1) to find
that the City’s potential acquisition and use of the property at 10455 Torre Ave
(APN 369-40-009) will be in conformance with the General Plan pursuant to
Government Code Section 65402(a) and that the acquisition and use is exempt
under CEQA.
DISCUSSION
Background
The property located at 10455 Torre Avenue, Cupertino (APN 369-40-009) has been
offered for sale. On March 8, 2021, the City Council met in closed session to give
direction to its negotiators regarding price and terms of payment for potential
acquisition of the property.
Government Code Section 65402(a) states that “no real property shall be acquired
[by the City] … if [an] adopted general plan …. applies thereto, until the location,
purpose and extent of such acquisition … [has] been submitted to and reported on
by the planning agency as to conformity with said adopted general plan ….”
Cupertino’s General Plan applies to the property. Therefore, a General Plan
consistency determination must be made by the Planning Commission prior to the
City’s acquisition of the property.
2
Analysis
The property is located at the northwest
corner of Torre Avenue and Pacifica
Drive, across the street from Library Field,
and near the Civic Center (see Figure 1).
County records show the lot size to be
approximately 20,909 sq. ft. (0.48 acres)
and the existing freestanding one-story
building (built in 1979) is approximately
4,715 sq. ft. The project was approved as
an office building in 1977 with permit no.
26-U-76. The property has 20 parking
spaces as well as one ADA accessible
space.
The Tract Map No. 5220 (Attachment 2)
indicates there is a 10 foot Public Utility
Easement (PUE) that runs along the
easterly and southern property lines
(adjacent to the public streets) with a 5
foot wide Private Storm Drain Easement
that runs parallel and is adjacent to the
PUE. An approximately 15-foot-wide
Private Drive Easement runs along the
north and west property lines (on the
interior of the block). These easements
allow for shared access between the
properties to the north and west (see
Figure 2). The building and the parking
stalls are situated within the property and
do not appear to encroach within the
easement areas.
The site is within the Heart of the City Special Area. It is specifically located in the
City Center node of the City Center subarea. The uses envisioned in this subarea
are identified in Policy LU-16.1.1. They include: A mix of uses including, office,
hotel, retail, residential and civic uses. The ground floor of buildings along the
street should be activated with pedestrian-oriented, active uses including retail,
restaurants, and entries. The General Plan land use designation of the site is:
Commercial / Office / Residential. The zoning for the site is P(OP) (Planned
Development zoning district with Professional Office uses).
Figure 1: Site Location
City
Hall
Library
Library Field
Figure 2: Subject Site
3
The current occupants of the building appear to be professional offices, primarily
law offices. The property is surrounded by other professional office uses such as
dentists, lawyers and doctors offices.
The proximity of this property to the Civic Center, and its central location within
the city, lends itself for City uses, including a satellite City Hall facility, potentially
reducing capacity concerns at the existing City Hall. There are no plans to change
the existing use function of the property or to expand the footprint of the
improvements. Moreover, the City may be interested in continuing the existing
month-to-month private office leases of the property on an interim basis while the
City completes its use plans for the property.
Both the current use of the property and the City’s proposed future use of the
property are in conformance with the allowed uses in the General Plan. Therefore,
staff recommends that the Planning Commission find the site in conformance with
the General Plan pursuant to Government Code Section 65402(a).
Environmental Review
Pursuant to the provisions of the California Environmental Quality Act of 1970
(Public Resources Code section 21000 et seq.) (“CEQA”), together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
("CEQA Guidelines"), the proposed acquisition and use of the property is exempt
from environmental review pursuant to the categorical exemption in CEQA
Guidelines Section 15301 (Existing Facilities) since the City’s proposed acquisition
and use will not revise or expand the existing office use of the property or footprint
of the existing structure. Additionally, the acquisition and use would be exempt
from CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty
that there is no possibility that the proposed acquisition and use will have a
significant effect on the environment.
NEXT STEPS
The Planning Commission’s findings will be considered by the City Council in its
next steps.
_____________________________________
Prepared by: Angela Tsui, Economic Development Manager
Piu Ghosh, Planning Manager
Reviewed and Approved for Submission by: Albert Salvador, Acting Director of
Community Development
Attachments:
1 – Draft Resolution
2 – Tract No. 5220
DRAFT RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
FINDING THE CITY’S PROPOSED ACQUISITION AND USE OF
PROPERTY AT 10455 TORRE AVENUE (APN 369-40-009) IN
CONFORMANCE WITH THE CITY’S GENERAL PLAN
WHEREAS, the City of Cupertino seeks to acquire the real property at 10455 Torre
Avenue, Cupertino (APN 369-40-009) (the “Property”); and
WHEREAS, the Property is located at the northwest corner of Torre Avenue and
Pacifica Drive, across the street from Library Field, and near the Civic Center. County
records show the lot size to be approximately 20,909 sq. ft. (0.48 acres) and the existing
freestanding one-story building (built in 1979) is approximately 4,715 sq. ft; and
WHEREAS, public records indicate the building on the Property to be currently fully
tenanted. The occupants appear to be professional offices, primarily law offices; and
WHEREAS, the Property has 20 parking spaces as well as one ADA accessible space;
and
WHEREAS, the Property is surrounded by other professional office uses such as
dentists, lawyers and doctors offices; and
WHEREAS, the proximity of the Property to the Civic Center, and its central location
within the city, lends itself for City uses, including a satellite City Hall facility; and
WHEREAS, the City has no current plans to change the existing office use function of
the Property or to expand the footprint of the improvements ; and, the City may be
interested in continuing the existing month-to-month private office leases of the
Property on an interim basis while the City completes its use plans for the Property; and
WHEREAS, Government Code section 65402(a) states that “no real property shall be
acquired [by the City] … if [an] adopted general plan …. applies thereto, until the
location, purpose and extent of such acquisition … [has] been submitted to and reported
on by the planning agency as to conformity with said adopted general plan …”; and
WHEREAS, the City of Cupertino’s General Plan land use designation of the site is
Commerical/Office/Residential, and the zoning of the Property is P(OP) (Planned
Development zoning district with Professional Office uses); and
WHEREAS, the Planning Commission of the City of Cupertino is the planning agency
for purposes of Government Code section 65402(a); and
Resolution No. March 16, 2021
Page 2
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (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"), the City staff has independently studied the proposed
acquisition and use of the Property and has determined that the project is exempt from
environmental review pursuant to the categorical exemption in CEQA Guidelines
section 15301 (Existing Facilities), since the City’s proposed acquisition and use will not
revise or expand the existing office use of the Property or footprint of the existing
structure. City staff has also determined that the project is exempt under section
15061(b)(3) because it can be seen with certainty that there is no possibility that the
proposed acquisition and use will have a significant effect on the environment; and
WHEREAS, the Planning Commission finds as follows with regard to the City’s
proposed acquisition and use of the Property:
1. The Property is within the Heart of the City Special Area. It is specifically located
in the City Center node of the City Center subarea. The uses envisioned in this
subarea are identified in Policy LU-16.1.1. They include: A mix of uses including,
office, hotel, retail, residential and civic uses. The ground floor of buildings along the
street should be activated with pedestrian-oriented, active uses including retail,
restaurants, and entries. The General Plan land use designation of the site is:
Commercial / Office / Residential. The zoning for the site is P(OP) (Planned
Development zoning district with Professional Office uses). The City’s anticipated
use of the Property as an office function is consistent with the General Plan
designation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the
following actions:
1. Exercises its independent judgment and determines that the proposed
acquisition and use of the Property is exempt from CEQA pursuant to CEQA
Guidelines section 15301 (Existing Facilities) and section 15061(b)(3). The exemption in
CEQA Guidelines section 15301 applies to Existing Facilities. The proposed acquisition
and use will not revise or expand the existing office use of the Property or footprint of
the existing structure. Additionally, the acquisition and use would be exempt from
CEQA pursuant to section 15061(b)(3) because it can be seen with certainty that there is
no possibility that the proposed acquisition and use will have a significant effect on the
environment.
2. Finds the City’s proposed acquisition and use of real property located at 104 55
Torre Avenue, Cupertino (APN 369-40-009) in conformance with the City of Cupertino’s
General Plan. The conclusions upon which this finding is based are hereby
incorporated by reference as though fully set forth herein.
Resolution No. March 16, 2021
Page 3
PASSED AND ADOPTED this 16th day of March, 2021, Special Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Piu Ghosh Ray Wang
Planning Manager Chair, Planning Commission
06+INER' S_CERTIFICATE
Knee hereby certify that we are the owners of/br have same
right, title or interest in and to the real property included
within the subdivision shown upon the herein map; that we are
the only persons whose consent is necessary to pass a clear
title to said real property; that we hereby consent to the
preparation and recordation of said map and subdivision as
shown within the blue border line, and we hereby offer for
dedication to public use easements for public utilities in,
on, over, under and along the areas designated as "P.U.E."
Public Utility Easement) as shown upon the within map within
said subdivision, and we hereby reserve to ourselves, our
successors and assigns, an easement for ingress and egress
on, over and along the areas designated as "Private Driveway
Easement" and easements for private storm drainage facilities
in, on, over, under and along the areas designated as
Private Drainage Easement " on said map.
OWNERS: ToWt4 G€aAITSiZ AS50GIAT><6
A Limited Partnership
g -
Howard Ruth, Jr, ,Gen al Partner Alan B. Simpkins, Ganeral Aartner
AMERICAN SECURITIES COMPANY,
A Corporation, Trustee
H. BLicki am B. C. Brown ---
Assistant vice President Assistant Secretary
RECORDER'S CERTIFICATE
File No. -4,32-11751 ,,32.11%9 Fee, / 'D Paid Accepted
for record and filed i.n Booko-of Maps at Pages 2 3
in the office of the County Rec rder of the
County of Santa Clara, California, this % -day of
1972, atg_7minutes past 3 _o'clock in the::i?l
GEORGE E. FOWLES
Santa Clara County Recorder.
PJ4',
VO
3
LBy J.
TRACT NO, 5220
BRIAN TERRACE
BEING ALL OF LOT 5, TRACT NO. 3743
CUPERTINO TOWN CENTER
CUPERTINO CALIFORNIA
MAY, 1972 SCALER"=40'
KIRKER, CHAPMAN & ASSOCIATES
2940 SCOTT BOULEVARD, SANTA CLARA, CALIFORNIA
ACKNOWLEDGEMENTS
STATE OF CALIFORNIA
County of Santa Clara ss
On , before we, the undersigned, a
Notaric in and for said County and State,
personally appeared Howard Ruth, Jr, `'a Ann R
Alan B. Simpkins and "s s'"'p'ine , known to me to
be the partners. of the partnership tha+ oxeuited the within
instrument and they acknowledged to me that they executed
the same as, Owners.
Witness my hand and official seal the day and year
first hereinabove written.
Notary Publ'c in and for the
County of nta Clara,
State of California
10MARY SULLIVAN
NOTARY PUBLIC
SANTA CLARA COUNiY; CALIF.,
MyConlnliVkn 6rpkftJm20,1974
STATE OF CALIFORNIA
COUNTY OF SANTA CLARAjss.
On 0 ' 3 before me, the undersigned, a
Notary ublic in and for said County and State,
personally appeared J. H. Buckingham, known to m@.to be
the Assistant Vice President, and B. C. Brown, known to
me to be the Assistant Secretary of the corporation that
executed the within instrument and known to me to be the
persons who executed the within instrument on behalf of
the corporation therein named and acknowledged to me that
such corporation executed the same pursuant to its
by-laws or a resolution of its board of directors as
Trustee. Witness my hand and official seal the day and
year first hereinabove written.
v
No Public in and for the
Co&o6ty of Santa Clara,
State of California
VIRGINIA BROWN
NOTARY PUBLIC -CALIFORNIA
COUNTY OF SANTA CLARA
My Commission Expires March 1, 1976
CIVIL ENGINEER'S CERTIFICATE
I, Sidney R. Mitchell, hereby certify that I am a Registered
Civil Engineer of the State of California; that this map,
consisting of two sheets, correctly represents a survey made
under my supervision during May 1972; that the survey is true
and complete as shown; that all monuments shown hereon actually
exist or will be placed before neccmbor 31 ,1972 ; that said
monuments are sufficient to enable the survey to be retraced
and that their positions are correctly shown.
SIDNEY R. MITCHELL
Registered Civil Engineer, NO. 9704
Dated.%vT*1 1972
CITY ENGINEER'S CERTIFICATE
I, V. Lee Yarborough, City Engineer of the City of Cupertino,
hereby certify that;I have examined the within final map of
Tract No. 5ZZO ; that the subdivision shown thereon is
substantially the same as it appeared on the approved tenta-
tive map and any approved alterations thereof; that all
provisions of the Subdivision Map Act, as amended, and of
any local ordinances applicable at the time of approval of
the tentative map have been complied with and that I am
satisfied that said map is technically correct.
V. LEE YARBOROUGH
City Engineer, R.C.E. N0.14447
i
0 r
CITY CLERK -'S CERTIFICATE
I, William E. Ryder, City Clerk of the City of Cupertino,
hereby certify that this map, designated as TRACT NO. 5220
was approved by the City Council of the City of Cupertino
at a me ting of said Council held on the day of
1972, and said Council did accept the dedication
of 11 easements offered for dedication and shown on said,
map within said subdivision.
WILLIAM E. RYDER
City Clerk and Ex -officio Clerk of the o G
City Council of the City of Cupertino. _0Y_,4
t E7UtY. GRY GJ.Ei tS
3
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o TORRE AVENUE
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2
N 0'66'e6'E eoo.o/'
N 0'56'25"E 200.00'
OI
97.46'
5" Pri
No•56'25"6 225.00'
P.O.E. No - 677<
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T 6W.C.E.(/B6MORs36.37)
225.00'
07-50' /07.50'
5
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38' 30'
TRACT N0. 5220
BRIAN TERRACE
BEING ALL OF LOT 5, TRACT NO. 3743
CUPERTINO TOWN CENTER
CUPERTINO CALIFORNIA
MAY, 1972 SCALE -.I°=40'
KIRKER, CHAPMAN & ASSOCIATES
2940 SCOTT BOULEVARD, SANTA CLARA, CALIFORNIA
P
BASIS Or BEARINGS
The bearing, North 00 56' 25" East, of the centerline
of Torre Avenue as shown on the map of Tract 3743,
Cupertino Town Center, recorded in Book 186 of Maps at
Pages 36 and 37, Santa Clara County Records, was taken
as the basis of bearings shown hereon.
NOTES AND LEGEND
All distances shown are in feet and decimals thereof.
The blue border indicates the boundary of the land
subdivided by this map.
o Indicates set 3%4" I.P. with tag RCE 9704
unless otherwise noted.
O Indicates Standard City Monument found.
Indicates Private Uriveway Easement
Indicates Public Utility Easement.
5eA121WQ AND 019TANCC- TA15L.E
No. BEARING 7D 6'TAN G E
Oi N O' 56" 25"E 25.00'
O N 89' 00" 00' W g, 00'
O3 N O 3!0" 25 e Z 15. 00'
N 89' 00' 00+ W 2 5.00'
U5 N 59' 00' 00`W 82.50
N 8'90 00' OO'kV 14 2. O 0'
0 N O' 56' 0e'E 5.00'
8 N o 56' 25 E 97. 50"
2) 5 60' OI' 4dE- 5. 00
sheet 2 of 7 Sheefs '
7z _0s7