CC Ordinance No. 19-2188 Amending the Zoning Map to Rezone 13.1 Acres Within the Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential Zoning P(R3,CG) and General Commercia ORDINANCE NO. 19-2188
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE ZONING MAP TO REZONE 13.1 ACRES WITHIN THE
VALLCO SHOPPING DISTRICT SPECIAL AREA TO MIXED USE PLANNED
DEVELOPMENT WITH MULTIFAMILY (R3) RESIDENTIAL ZONING
P(R3,CG) AND GENERAL COMMERCIAL USES AND THE REMAINDER OF
THE SPECIAL AREA TO GENERAL COMMERCIAL (CG)
SECTION I: PROTECT DESCRIPTION
Application No: Z-2019-01
Applicant: City of Cupertino
Location: 10101 to 10333 N Wolfe Rd
APN#s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20-
095, 316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316-
20-105, 316-20-106, 316-20-107
SECTION lI: RECITALS
WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies
the Vallco Shopping District Special Area as being appropriate to accommodate at least
389 dwelling units at a minimum density of 20 units per acre and a maximum density of
35 units per acre and provides that if a specific plan is not adopted by May 31, 2018, the
City will consider removing the Special Area as a Priority Housing Site; and
WHEREAS, as required by Housing Element Strategy 1, at a study session on June 18,
2019 the City Council considered removing the Vallco Shopping District Special Area as
a Priority Housing Site; and
WHEREAS, after consideration of its options at the June 18, 2019 study session, the City
Council provided direction to staff to retain the Vallco Shopping District Special Area as
a Priority Housing Site, and City Council directed staff to prepare a General Plan
Amendment for its consideration to permit 389 residential units by right within the Vallco
Shopping District Special Area to accommodate the City's Regional Housing Need
Allocation (RHNA) consistent with the Housing Element and Government Code Section
65863; and
WHEREAS, following a duly noticed public hearing on August 20, 2019, and prior to
the Council's consideration of the Master Zoning Map amendments, the Council
adopted Resolution No. 19-109, approving a General Plan Amendment to remove office
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uses as a permitted land use within the Vallco Shopping District Special Area and
remove the associated office development allocation, and Resolution No. 19-110,
approving a General Plan Amendment to establish height limits and enact development
standards for residential uses within the Vallco Shopping District Special Area; and
WHEREAS, the Ordinance amends the City's Master Zoning Map apply the new Mixed
Use Planned Development with Multifamily (R3) Residential and General Commercial
zoning designation (P(R3,CG)) created in MCA-2019-01 to the Vallco Shopping District
Special Area; 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 Housing Element of the General Plan as adopted; and
WHEREAS, the City has prepared a Second Addendum ("Second 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 modifications to the General Plan and zoning affecting the Vallco
Shopping District Special Area 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, 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 July 30, 2019 to consider the Ordinance; and
WHEREAS, on July 30, 2019, the Second Addendum was presented to the Planning
Commission; and
WHEREAS, on July 30, 2019, by Resolution 6884, the Planning Commission
recommended on a 4-0 vote (Commissioner Moore recused)that the City Council adopt
a General Plan Amendment solely to impose height limitations within the Vallco
Shopping District Special Area subject to certain conditions and recommended that the
City Council adopt the Second Addendum for modifications to the Project (as defined
in Resolution No. 19-108) affecting the Vallco Shopping District Special Area; and
WHEREAS, on August 20, 2019 and September 3, 2019, upon due notice, the City
Council has held at least two public hearings to consider the Master Zoning Map
Amendment; and
WHEREAS, on August 20, 2019, by Resolution No. 19-108, the City Council adopted
the Second Addendum to the Final EIR (EA-2013-03); and
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WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its
independent judgment and reviewed and considered the information in the Second
Addendum, which concludes that no further environmental review is required for the
Master Zoning Map 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 adopts the Master Zoning Map
amendments based on the findings described above, the public hearing record, 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) and the proposed
amendments are internally consistent with Title 19 of the Municipal Code.
The Housing Element of the General Plan calls for the City to permit at least 389 dwelling units
in the Vallco Shopping District Special Area. The General Plan Amendments (adopted at the
August 20, 2019 City Council meeting with Resolution Nos. 19-109 and 19-110) modifij the
Land Use Element of the General Plan to remove office as a permitted use within the Vallco
Shopping District Special Area and define development standards that will allow residential
development by right on 13.1 acres at a maximum density of 35 dwelling units per acre. The
proposed municipal code amendments would rezone the properties within the Vallco Shopping
District Special Area for consistency with the General Plan, as amended by General Plan
Amendments GPA-2019-01 and GPA-2019-02, and other relevant portions 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 Second 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 Second Addendum, which
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concludes that no further environmental review is required for the proposed zoning amendments
to comply with 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. The proposed zoning would implement the Housing Element and the Land Use
Elementof the General Plan,as amended by General Plan Amendments GPA-2019-01 and GPA-
2019-02, which include development standards to permit at least 389 residential units and
complementary commercial uses on the site, which are compatible with anticipated land use
development in the area.
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 without exceeding the vision for housing and complementary
commercial development required in the Housing Element and Land Use Element of the General
Plan, as amended by General Plan Amendments GPA-2019-01 and GPA-2019-02.
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 the Housing Element and
Land Use Element of the City's General Plan, as amended by General Plan Amendments GPA-
2019-01 and GPA-2019-02. 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 amendments to the Master Zoning Map
as shown in Exhibit A.
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
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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 This Ordinance shall not take effect unless and until General Plan
Amendment GPA-2019-02 becomes effective.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 20th day of August, 2019 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 3rd day of September, 2019 by the following vote:
AYES: Scharf, Paul, Willey
NOES: Sinks
ABSTAIN: None
ABSENT: Chao (Recused)
SIGN
Steven Scharf,MayW Date l
City of Cupertino
ATTEST:
Date
Grace Schmidt, City Clerk
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
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-_ REZONE 13.1 ACRES OF THE
SITE AS P(R3, CG) AND
REMAINDER OF SITE AS CG
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Merritt Dr - P(MP)
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EXHIBIT A (Page 2 of 2)
Zoning Prior to Zoning Proposed by
APN Ord. Z-2018-2178 Ord. Z-2018-2178' New Zoning
Adoption
316-20-080 P(CG) Vallco Town Center CG
316-20-081 P(CG) Vallco Town Center CG
316-20-088 P(Regional Vallco Town Center CG
Shopping)
316-20-092 P(Regional Vallco Town Center CG
Shopping)
316-20-094 P(Regional Vallco Town Center CG and P(R3, CG) as
Shopping) indicated on map above
316-20-095 P(Regional Vallco Town Center P(R3, CG)
Shopping)
316-20-099 P(Regional Vallco Town Center CG and P(R3, CG) as
Shopping) indicated on map above
P(Regional CG and P(R3, CG) as
316-20-100 Shopping) Vallco Town Center indicated on map above
316-20-101 P(Regional Vallco Town Center CG
Shopping)
316-20-104 P(Regional Vallco Town Center CG
Shopping)
316-20-105 P(Regional Vallco Town Center CG
Shopping)
316-20-106 P(Regional Vallco Town Center CG
Shopping)
316-20-107 P(Regional Vallco Town Center CG
Shopping)
1 The zoning on assessors' parcels in the table below was amended in September 2018(Ord.Z-2018-2178)in
connection with the City's approval of the Vallco Specific Plan.The adoption of that Zoning Ordinance has been
challenged and thus the validity of the zoning code amendments therein is uncertain.See, e.g., Midway Orchards
v. County of Butte(1990)220 Cal.App.3d 765.The table shows the zoning as adopted in September 2018, and the
parcels'zoning as existing before that date.
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
1, 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. 19-2188, which was
enacted on September 3, 2019, 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 day of September, 2019.
1
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California