Reso 6921RESOLUTION NO. 6921
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
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
Resolution No. 6921 March 16, 2021
Page 2
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 10455
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. 6921 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: Chair Wang,Vice Chair Scharf, Kapil, Madhdhipatla
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Saxena
ATTEST: APPROVED:
Piu Ghosh R Wang
Planning Manager Chair, Planning Commission