CC Ordinance No. 18-2178 Approving the RezoningORDINANCE NO. 18-2178
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REZONING THE PARCELS WITHIN THE VALLCO
SPECIAL AREA
SECTION I: PROTECT DESCRIPTION
Application No: Z-2018-01
Applicant: City of Cupertino
Location: 10101 to 10333 N Wolfe Rd
APN#s: 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105,
316-20-106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099,
316-20-100, 316-20-095
SECTION II: RECITALS
WHEREAS, the Housing Element of the Cupertino General Plan identifies the Vallco
Special Area as being appropriate to accommodate at least 389 dwelling units to be
developed pursuant to a specific plan for the Vallco Special Area; and
WHEREAS, the Vallco Special Area Specific Plan has been developed pursuant to City
Council direction to initiate a project to prepare a specific plan for the Vallco Special Area,
including any required changes to the adopted goals and objectives for the Special Area,
in order to implement the Housing Element of the Cupertino General Plan and to plan
for anticipated future development activity; and
WHEREAS, pursuant to the City Council direction to conduct extensive public outreach
the City conducted multiple forms of public outreach including 14 small group
Interviews, eight presentations, five open studio times, three brown bags, three EIR
public comment meetings, three open houses, two student/youth outreach sessions, one
online civic engagement survey, one Fine Arts Commission check-in/update, one
Housing Commission check-in/update, one Parks & Recreation Commission check-
in/update, one Teen Commission check-in/update, one Economic Development
Committee check-in/update, one Block Leader Group check-in/update; and
WHEREAS, the Rezoning of parcels within the Vallco Special Area Specific Plan
("Rezoning") is part of the Vallco Special Area Specific Plan, all as fully described and
analyzed in the May 2018 Vallco Special Area Specific Plan Environmental Impact Report
("Draft EIR") (State Clearinghouse No. 2018022021), as amended by the July 2018 Vallco
Special Area Specific Plan Environmental Impact Report Amendment ("EIR
Amendment") and by text revisions in the August 2018 Vallco Special Area Specific Plan
Final EIR document which contains Response to Comments to the Draft EIR and the EIR
Ordinance No. 18-2178 Vallco Special Area - Rezoning
Amendment, and the August 30, 2018, September 11, 2018, and September 13, 2018
Supplemental Text Revisions to the Vallco Special Area Specific Plan Final
Environmental Impact Report; (together, the "Final EIR"); and
WHEREAS, the Final EIR was presented to the Environmental Review Committee
("ERC") for review and recommendation on August 31, 2018, and after considering the
Final EIR, and Staff's presentation, the ERC recommended that the City Council certify
the EIR; 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 September 4, 2018 to consider the Rezoning; and
WHEREAS, based on substantial evidence in the administrative record, on September 4,
2018 the Planning Commission recommended on a 5-0 vote that the City Council certify
that the Final EIR has been completed in compliance with the California Environmental
Quality Act, Public Resources Code Section 21000 et seq., and reflects the independent
judgment and analysis of the City, adopt the Findings and Statement of Overriding
Considerations, and implement all of the mitigation measures for the Project that are
within the responsibility and jurisdiction of the City that are identified in Findings, in
substantially similar form to the Resolution presented (Resolution No. 6860); and
WHEREAS, on September 4, 2018, the Planning Commission recommended on a 5-0 vote
that the City Council adopt the Zoning Map Amendment (Z-2018-01), in substantially
similar form to the Resolution presented (Resolution no. 6862); and
WHEREAS, immediately prior to the Council's consideration of the Rezoning, following
a duly noticed public hearing on September 19, 2018 (continued from September 18,
2018), the Council adopted Resolution No. 18-085, adopting a resolution to adopt a
General Plan Amendment to Development Allocations, the General Plan Land Use Map
and development standards related to the Vallco Town Center Special Area, adopted
Resolution No. 18-086, adopting a resolution to adopt the Vallco Town Center Specific
Plan; and adopted Ordinance No. 18-2177, adopting amendments to the Municipal Code
to allow implementation of the Vallco Town Center Specific Plan; and
WHEREAS, the Rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses as amended and the Vallco Special Area Specific
Plan as adopted; and
WHEREAS, on September 19, 2018 (continued from September 18, 2018) and October 2,
2018, upon due notice, the City Council has held at least two public hearings to consider
the Rezoning; and;
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance;
Page 2 of 6
Ordinance No. 18-2178 Vallco Special Area - Rezoning
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on September 19, 2018 (continued on September 18, 2018), the City
Council adopted Resolution No. 18-084 certifying the Final EIR, adopting Findings and a
Statement of Overriding Considerations, adopting Mitigation Measures, and adopting a
Mitigation Monitoring and Reporting Program.
WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its
independent judgment in carefully considering the information in the Final EIR and finds
that the scope of this Ordinance falls within the certified Final EIR, in that the aspects of
the Rezoning proposed in this Ordinance that have the potential for resulting in either a
direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment have been examined in the Final EIR and therefore, no
recirculation of the Final EIR is required; and
SECTION III
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the facts, exhibits, testimony and other evidence
submitted in this matter, the City Council adopts the Rezoning based upon the findings
described above, the public hearing record, the Minutes of Planning Commission
Meeting of September 4, 2018, and the Minutes of City Council Meetings of September
18, 2018 and September 19, 2018, and subject to 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:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the
City's Comprehensive General Plan (Community Vision 2040).
The Housing Element of the General Plan calls for the City to enact a specific plan to permit at
least 389 dwelling units in the Vallco Special Area. The General Plan Amendment (adopted at
the September 19, 2018 City Council meeting (continued from September 18, 2018) with
Resolution no. 18-085) modifies the Land Use Element of the General Plan to designate late and
define development standards that are consistent with the level of development contemplated in
the Vallco Special Area Specific Plan. The proposed zoning amendments would designate land in
the Vallco Special Area as a new Vallco Special Area Specific Plan zone to implement the General
Plan and the Vallco Special Area Specific Plan, and therefore the proposed zoning is consistent
with the General Plan and other relevant portions of the Municipal Code.
Page 3 of 6
Ordinance No. 18-2178 Vallco Special Area - Rezoning
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
As set forth above, the City examined the environmental effects of the Project, including the zoning
amendments adopted herein, in an Environmental Impact Report (EIR) prepared in accordance
with the California Environmental Quality Act. On September 19, 2018 (continued from
September 18, 2018), the City Council adopted Resolution no. 18-084 to certifij that the Final
Environmental Impact Report ("Final EIR") for the Project, and adopting CEQA Findings, a
Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and
Reporting Program, which Resolution together with the EIR is incorporated herein by reference.
The significant environmental effects of the project have been fully analyzed and disclosed in
compliance with CEQA. All mitigation measures identified in the Final EIR have been adopted
and incorporated into the project to reduce the impacts of new development to the extent feasible.
Therefore, the proposed zoning complies with the provisions of CEQA.
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).
The sites being rezoned 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 development would need to provide the appropriate utilities to accommodate the
development. In addition, in connection with the Vallco Special Area Specific Plan process, the
site has been analyzed thoroughly to ensure that the site would not constrain future development
proposed under this zoning designation. The proposed zoning would implement the Vallco Special
Area Specific Plan, which includes development standards to require appropriate transitions from
adjoining land uses.
4. The proposed zoning will promote orderly development of the City.
The sites being rezoned will promote orderly development in the City by allowing a critical mass
of development to be proposed along the City's Priority Development Area (PDA) in which future
development is anticipated. This would also allow the easier applicability of zoning regulations
adopted under the Vallco Special Area Specific Plan.
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 zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes that are necessary to implement adopted changes in the Land
Use Element of the City's General Plan. Additionally, where health or safety impacts have been
identified in the Project's EIR, mitigation measures have been identified which would be applicable
to any development on these sites.
Page 4 of 6
Ordinance No. 18-2178 Vallco Special Area - Rezoning
Section 3. The City Council approves the following:
1. That the property described in attached Exhibit Z-1 have a zoning designation as
that shown and is incorporated into the Master Zoning Map (Exhibit Z-2) of the
City of Cupertino; and
Section 4. The City Council finds the Rezoning is within the scope of the EIR
and directs the Director of Community Development to file a Notice of Determination
with the Santa Clara County Recorder in accordance with CEQA guidelines.
Section 5. This Ordinance shall be effective thirty (30) days following its
adoption.
INTRODUCED at a special meeting of the Cupertino City Council the 19th day of
September 2018 (continued from September 18, 2018) and ENACTED at a regular meeting
of the Cupertino City Council on this 2nd day of October 2018 by the following vote:
AYES: Sinks, Chang, Vaidhyanathan
NOES: Paul, Scharf
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk /0- b' Darcy Paul, Mayor, City of Cupertino
Page 5 of 6
EXHIBIT Z-1
APN
Current Zoning
New Zoning
316-20-080
P(CG)
Vallco Town Center
316-20-081
P(CG)
Vallco Town Center
316-20-088
P(Re
ional Shopping)
Vallco Town Center
316-20-092
P(Re
ional Shopping)
Vallco Town Center
316-20-094
P(Re
ional Shopping)
Vallco Town Center
316-20-095
P(Re
ional Shopping)
Vallco Town Center
316-20-099
P(Re
ional Shopping)
Vallco Town Center
316-20-100
P(Re
ional Shopping)
Vallco Town Center
316-20-101
P(Re
ional Shopping)
Vallco Town Center
316-20-104
P(Re
ional Shopping)
Vallco Town Center
316-20-105
P(Re
ional Shopping)
Vallco Town Center
316-20-106
P(Re
ional Shopping)
Vallco Town Center
316-20-107 1
P(Re
ional Shopping)
Vallco Town Center
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex -officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 18-2178, which was
enacted on October 2, 2018, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 2nd day of October, 2018.
GRACE SCHMIDT, City Clerk and Ex -officio Clerk
of the City Council of the City of Cupertino, California
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Sites designated 0 are Priority Housing Sites as identified in the adopts(
Numbers following zoning designations denote minimum
lot sizes divided by one thousand.
The "Pro" designation denotes a prezoned
unincorporated area and is colored white.
BIT Z-2