Z-2023-001 - CC Ordinance No. 24-2262 Rezoning Certain Sites in the City for Conformance with General Plan and Housing ElementORDINANCE NO.24–2262
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO REZONING CERTAIN SITES
IN THE CITY FOR CONFORMANCE WITH GENERAL PLAN
AND HOUSING ELEMENT
SECTION I:PROJECT DESCRIPTION
Application No:Z 2023 001
Applicant:City of Cupertino
Location:Citywide
SECTION II:RECITALS
WHEREAS,state law requires the City to prepare and adopt an updated Housing
Element every eight years to accommodate its fair share of housing and identify housing
needs,resources and opportunities;
WHEREAS,pursuant to State Housing Law,the City prepared and presented a draft 6th
Cycle Housing Element to the California Department of Housing and Community
Development HCD)on March 28,2024,
WHEREAS,HCD informed the City in a letter dated April 10,2024 that the proposed
Draft Housing Element is conditionally certified,pending rezoning of the Priority
Housing Sites,and any associated rezoning required,to accommodate the City’s Regional
Housing Needs Allocation RHNA);and
WHEREAS,pursuant to State Housing Law,the City Council adopted the City’s 6th Cycle
Housing Element on May 14,2024 with Resolution 24 039;and
WHEREAS,the Municipal Code amendment will be consistent with the Citys General Plan
land use map,proposed uses and surrounding uses;and WHEREAS,
the necessary public notices have been given as required by the Municipal Code
of the City of Cupertino and the Government Code,and the Planning Commission held
a public hearing on June 11,2024 to consider the project;and WHEREAS,
based on substantial evidence in the administrative record,on June 11,2024 the
Planning Commission recommended that the City Council approve the Zoning Map Amendments,
Z 2023 001,in substantially similar form to the Resolution presented Resolution
No.2024 11);approve the Specific Plan Amendments SPA 2024 001)and amendments
to the Below Market Rate Housing Mitigation Manual CP 2024 002)in substantially
similar form to the Resolution presented Resolution No.2024 10)and did
Ordinance No.24 2262
Page 2
not make a recommendation to the City Council as it related to the Municipal Code
Amendments required to conform with the General Plan and Housing Element and other
minor clean up text edits MCA 2023 001);and
WHEREAS,the City Council of the City of Cupertino held a duly noticed public hearing
on July 2,2024,and after considering all testimony and written materials provided in
connection with that hearing introduced this ordinance and waived the reading thereof;
and
WHEREAS,the City Council of the City of Cupertino is the decision making body for
this Ordinance;
WHEREAS,the City entered into a Stipulated Judgement dated January 8,2024 pursuant
to a lawsuit related to adoption of the Housing Element which included requirements for
coming into compliance with state housing element law and exempted the City from the
California Environmental Quality Act CEQA”)pursuant to Government Code section
65759;and
WHEREAS,pursuant to Government Code 65759,the General Plan Amendment to adopt
the Housing Element and associated amendments to the General Plan and zoning is fully
described and analyzed in the Environmental Assessment,which is incorporated into the
General Plan as Appendix G;
WHEREAS,the City Council finds the following:
1. That the proposed zoning is in accord with the Municipal Code and the Citys Comprehensive
General Plan.The
proposed zoning is in conformance with the General Plan since the City Council adopted amendments
to the General Plan,including changes to land use designations,in May 2024 with
adoption of the Housing Element.These changes are mere conforming changes to make the
City’s zoning map conform to the land use map.Additionally,some minor changes to the colors
on the map are to reflect changes to the legend to accommodate new zoning designations.2.
The proposed zoning is in compliance with the provisions of the California Environmental
Quality Act CEQA).Pursuant
to Govt.Code Section 65759,the zoning actions related to bringing the City’s Housing
Element into compliance with state law are exempt from CEQA.An Environmental Assessment
was prepared,also in compliance with state law.This Environmental Assessment identified
all feasible mitigation measures and was adopted as Appendix G General Plan 2040
and Zoning Code Amendments Environmental Assessment of the General Plan as required
by state law.The site(s)are physically suitable including,but not limited to,access,provision
of utilities,compatibility with adjoining land uses,and absence of physical constraints)
for the proposed zoning designation(s)and anticipated land use development(s).
Ordinance No.24 2262
Page 3
The sites being rezoned have access to utilities and are compatible with adjoining land uses.
3. The proposed zoning will promote orderly development of the City.
The proposed zoning aligns zoning with the City’s General Plan land use goals and policies
related to locating higher density development close to transit corridors.The sites being
rezoned will promote orderly development in the City by allowing similar land uses to be
located compatibly.The proposed changes also allow the City to comply with the requirements
of state law related to housing.
4. 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.Additionally,where health or safety impacts have been
identified mitigation measures have been identified which would be applicable to any
development on these sites,including those implemented through the City’s existing
Municipal Code requirements.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 1.Rezoning.
That the property described in attached Exhibits 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 the Heart of the City Specific Plan Area Zoning Map Exhibit Z 3),which
is also incorporated into the Master Zoning Map;and
Section 2.Severability and Continuity.
The City Council declares that each section,sub section,paragraph,sub paragraph,
sentence,clause and phrase of this ordinance is severable and independent of every other
section,sub section,paragraph,sub paragraph,sentence,clause and phrase of this
ordinance.If any section,sub section,paragraph,sub paragraph,sentence,clause or
phrase of this ordinance is held invalid,or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful,unenforceable or
otherwise void,the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion,and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated.To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code,these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
Ordinance No.24 2262
Page 4
Section 3.California Environmental Quality Act.
Adoption of these zoning amendments to allow implementation of the Housing Element
is exempted from the California Environmental Quality Act CEQA”)pursuant to
Government Code section 65759.
Section 4.Effective Date.
This Ordinance shall take effect and be in force thirty 30)days from and after adoption
as provided by Government Code Section 36937.
INTRODUCED at a regular meeting of the Cupertino City Council the 2nd day of July
2024 and ENACTED at a regular meeting of the Cupertino City Council on this 16th day
of July 2024 by the following vote:
AYES:Mohan,Fruen,Chao,Wei
NOES:Moore
ABSENT:None
ABSTAIN:None
SIGNED:
Sheila Mohan,Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia,City Clerk Date
APPROVED AS TO FORM:
Christopher D.Jensen,City Attorney Date
Christopher D. Jensen Jul 25, 2024
7/25/24
7/25/24
EXHIBIT Z 1
APN Acres Existing Zoning Designation New Zoning
316 23 027 0.64 P(CG,Res)R4
369 03 005 0.47 P(CG,Res)R4
326 34 047 1.09 P(CG,Res)R4
359 07 006 0.32 P(CG,Res)R4
375 06 006 1.71 P(CG,Res)R4
375 06 007 0.96 P(CG,Res)R4
316 21 031 1.81 P(CG,Res)R4
316 23 026 1.78 P(CG,Res)R4
326 32 050 0.83 P(CG,Res)R4
326 27 053 0.75 T R4
323 36 018 0.42 P(CG)R4
316 04 064 0.44 A1 43 R3/TH
369 37 022 0.39 R3 R4
369 37 023 0.22 R3 R3/TH
369 37 024 0.17 R3 R3/TH
369 34 053 0.54 P(CG)R3/TH
359 18 044 0.26 P(CG)R4
366 10 121 1.34 P(CG,Res 5 15)R3/TH
366 10 137 0.92 P(CG,Res 5 15)R3/TH
366 19 047 2.33 P(CG,Res 5 15)R4
366 19 078 0.08 P(CG,Res 5 15)R4
359 09 017 1.00 P(CG,Res)R4
316 20 088 5.16 CG R4
359 13 019 0.99 R1 10 R3
356 06 001 0.73 R1 7.5 R3/TH
356 06 002 0.69 R1 7.5 R3/TH
356 06 003 0.25 R1 7.5 R3/TH
356 06 004 0.87 R1 7.5 R3/TH
362 31 001 0.25 P(R3)R3/TH
362 31 030 0.23 P(R3)R3/TH
326 20 034 1.34 R1 10 R3/TH
316 23 093 1.35 P(CG,Res)P CG/R4)
316 23 036 0.24 P(CG,Res)P CG/R4)
369 06 002 0.9 P(CG,Res)P CG/R4)
EXHIBIT Z 1
1 Land Use designation and residential density changed only for a 178 feet by 208 feet portion of
this site on the western portion closest to Stevens Creek Boulevard as shown in Santa Clara
County Assessor’s Office’s records Book 359 Page 8 Revised 2022 2023).
2 Land Use designation and residential density changed only for a 180.75 feet by 180.75 feet
portion of the northwest corner of the site is rezoned as shown in Santa Clara County Assessor’s
Office’s records Book 359 Page 20 Revised 2022 2023).rezoned as shown in Santa Clara County
Assessor’s Office’s records Book 359 Page 20 Revised 2022 2023).
APN Acres Existing Zoning Designation New Zoning
369 06 003 0.53 P(CG,Res)P CG/R4)
369 06 004 1.29 P(CG,Res)P CG/R4)
359 10 015 1.18 P(CG)P CG/R4)
359 10 060 0.98 P(CG)P CG/R4)
359 10 044 0.18 P(CG)P CG/R4)
359 08 025 0.83 P(CG,Res)P CG/R4)
359 08 026 0.45 P(CG,Res)P CG/R4)
359 08 027 0.87 P(CG,Res)P CG/R4)
359 08 028 1 0.85 P(CG,Res)P CG/R4)
326 09 052 0.74 P(CG)P CG/R4)
326 09 060 2.75 P(Rec/Enter)P CG/R4)
326 09 061 1.12 P(CG)P CG/R4)
369 34 052 2.70 P(CG)P CG/R4)
369 37 028 0.56 P(CG)P CG/R4)
366 19 055 0.40 P(CG,Res 5 15)P CG/R3/TH)
366 19 053 0.56 P(CG,Res 5 15)P CG/R3/TH)
366 19 054 1.75 P(CG,Res 5 15)P CG/R3/TH)
316 05 050 1.02 P(CG,Res)P CG/R4)
316 05 051 0.62 P(CG,Res)P CG/R4)
316 05 052 0.73 P(CG,Res)P CG/2R4)
316 05 053 0.92 P(CG,Res)P CG/R4)
316 05 056 6.94 P(CG,Res)P CG/R4)
316 05 072 0.54 P(CG,Res)P CG/R4)
359 20 028 2 0.75 BQ P CG/R3)
316 06 058 6.62 P(Res 70)No change
316 06 059 5.42 P(Res 70)No change
316 06 060 0.45 P(Res 70)No change
EXHIBIT Z-2
Exhibit Z-3
Ordinance No. 24-2262
Final Audit Report 2024-07-25
Created:2024-07-25
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA4S1CvufQWXzIBDmBRtZEVJIWZag0Hs5z
Ordinance No. 24-2262" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2024-07-25 - 9:34:22 PM GMT- IP address: 71.204.144.228
Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
2024-07-25 - 9:35:38 PM GMT
Email viewed by Christopher Jensen (christopherj@cupertino.org)
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Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-07-25 - 9:36:30 PM GMT - Time Source: server- IP address: 136.24.22.194
Agreement completed.
2024-07-25 - 9:36:30 PM GMT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, 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.
24-2262 which was enacted on July 16, 2024, 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 25th day of July 2024.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California