13. Olivia Jang
ClTY OF
City of Cupertino
10300 Torre Avenue
Cupertino, CA. 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Department
. CUPERTINO
Summary
Agenda Item No. J1
Agenda Date: June 5, 2007
Application: Z-2006-06, EA-2006-20
Applicant: Olivia Jang
Owner: Eric Huang & Carolyn Armanini
Location: 20916 & 20956 Homestead Road, APN 326-09-052, -0061
Application Summary:
. REZONING of a 2.2-gross acre site from Planned Development (Recreation,
Entertainment, Limited Commercial) to CG (General Commercial).
. ENVIRONMENTAL DETERMINATION: Negative Declaration recommended.
The project will have no significant, adverse environmental impacts.
RECOMMENDATION:
The Planning Commission recommends on a 5-0 vote that the City Council:
1. Approve the Negative declaration, file number EA-2006-20.
2. Approve the Rezoning application, file number Z-2006-06, in accordance with
Resolution No. 6441, Ordinance No. 07-1994
Project Data:
General Plan Designation: Commercial/Residential
Existing Zoning Designation: P(REC, ENTER, LTD COM)
Proposed Zoning Designation: CG
Gross Acres: 2.2
Net Acres: 1.86
Existing Building Area: 19,060 square feet
BACKGROUND
At its meeting of January 9, 2007, the Planning Commission voted 5-0 to recommend
approval of this rezoning project (See Planning Commission Resolution and Exhibit A-
1).
13 - 1
File Nos.: Z-2006-06, EA-2006-20
Page 2
June 5, 2007
At its February 6, 2007, the City Council voted 5-0 to continue the application for 60
days, citing its concerns that the rezoning of the properties to CG (General Commercial)
would not of itself improve the property conditions or maintenance, nor improve the
strength of the tenant mix. The Council asked the applicant to come back in 60 days
with a program for improving the property prior to its consideration for rezoning.
At the hearing several members of the public spoke in favor of the rezoning and
another resident spoke against it.
Staff has been working with the applicant to identify issues that may have contributed
to the decline of the recreation and entertainment center. The applicant has requested
two l-month continuances to today's date, in order to identify property maintenance
issues, feasibility, costs and enlist the support of the abutting bowling alley property
owner who owns fee title of the majority of the parking lot.
DISCUSSION:
The applicant, Olivia }arig, has. submitted the attached letter stating the property
owners' intentions to improve the property (Exhibit A-2). It includes:
. Removing graffiti,
. Increasing maintenance of grounds,
. Fixing and repaving rear parking lot,
. Resealing, recoating and restriping the front parking lot,
. Repaving the rear pedestrian path transition,
. Improving the landscaping for the rear parking lot,
. Repainting the buildings. with a brighter color,
. Repairing the concrete in the garbage bin area, and
. Increasing or updating the parking lot lighting.
Please note that this letter does not include the involvement of the Homestead Lanes
property owner who owns most of the parking lot fronting on Stelling Road (80%) and.
half of the building facade, whose maintenance has a significant impact on the
appearance of the entire recreation and entertainment center.
1) If the City Council feels the listed improvements and maintenance items are
inadequate to upgrade the appearance of the center, the Council may
a) Deny the rezoning action; or
b) Request additional property improvement actions with the agreement of
the property owners.
2) If the City Council feels the listed improvements and maintenance items are
adequate to upgrade the appearance of the center, it has several options:
13 - 2
File Nos.: Z-2006-06, EA-2oo6-20
Page 3
June 5,2007
a) Approve the negative declaration- and rezoning application, and rely
on the owners' promise to upgrade the center over time as described;
b) Approve the negative declaration and rezoning application, and
require the owners to submit a performance bond for the
improvements. If the owners fail to do the improvements, the City
will exercise the bond and do the improvements itself;
c) Continue the rezoning hearing until such time the improvements are
completed. Staff can provide bimonthly progress reports to inform the
Council on the center's renovation work.
If the Council is satisfied with the list of improvements, then staff recommends Option
2c. The other options do not provide assurances the work will be completed, or rely on
the City to perform the work on private property.
ENCLOSURES
Planning Commission Resolution No. 6441
Draft Zoning Ordinance 07-1994
Exhibit A-2: Letter from applicants dated May 30, 2007
Exhibit B-2: City Council Staff Report dated February 6, 2007
Prepared by: Colin Jung, Senior Planner
Approved by:
~
David W. Knapp
City Manager
G: \Planning\PDREPORl\ CC\ Z-2006-06b.doc
13 - 3
Exhibit A - 2..
May 30, 2007
Dear Cupertino City Council:
Thank you for giving us the opportunity to work with the City of Cupertino
on the rezoning considerations for our property at 20916 & 20956
Homestead Road. We would like to propose the following course of
actions to improve our shopping center environment:
List of improvement actions to be done on our property:
1. Remove any graffiti from the front and back of the property.
2. Increase maintenance of the grounds.
3. Fix and repave the rear parking lot, Reseal, recoat, and re-stripe the
front parking lot.
4. Repave the rear pedestrian path transition.
5. Improve the landscaping for the rear parking area.
6. Repaint the buildings with brighter color to create a fresher and unified
appearance.
7. Repair the concrete in the garbage bin area in the back parking lot.
8. Increase and/or update the parking lot lighting system
List of actions for our neighboring properties and their response:
1. We contacted and met with the property owner of Homestead Lanes
numerous times and proposed that he carry out similar improvement,
such as: repaving their parking lot, repainting their building, and
adding additional landscaping to improve the appeal of the overall
parking lot area
He initially expressed some interest and we worked together and got
several quotations for all three properties, including repaving of the
parking lot and repainting of the buildings. We even proposed hiring a
paint consultant.
After he received the bids, he told us that he would need to get his
Partners' approval. We have not received confirmation from him that
Homestead Lanes wishes to participate in these endeavors.
Page 1 of2
13 - 4
(Continue from Page 1 of 2)
2. We would like to emphasize that most of the front parking area is
under the jurisdiction of Homestead Lanes, therefore their cooperation
is imperative because they own close to 80% of the overall parking
area, as well as 50% of the building facade.
3. The owner of McDonald's told us that they might be interested in
repaving their parking lot. However, they need to wait until next year or
the year after next year, but are definitely not interested this year.
List of actions for future tenants IJrocurement
1. We will definitely diversify tenants in addition to having restaurants and
beauty shops.
2. We will actively seek retail type tenants.
3. We will put particular emphasis on specialty jewelry stores, cell
phone/communication stores; electronics stores such as Radio Shack,
and printing/copying store. We thought of other categories such as
auto parts store (such as NAPA CarQuest) but they usually require
much large footage than what we can offer.
Sincerely
Eric Huang
Olivia Jang
Carol Matteson
Page 2 of2
13 - 5
Exhibit B - ~
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408)777-3333
C F
CUPEI\IINO
Community Development
Department
Summary
Agenda Item No. _
Agenda Date: February 6, 2007
Application: Z-2006-06, EA-2006-20
Applicant: Olivia Jang
Owner: Eric Huang & Carolyn Armanini
Location: 20916 & 20956 Homestead Road, APN 326-09-052, -0061
Application Summary:
. REZONING of a 2.2-gross acre site from Planned Development (Recreation,
Entertairunent, Limited Commercial) to CG (General Commercial).
. ENVIRONMENT AL DETERMINATION: Negative Declaration recommended.
The project will have nO,significant, adverse environmental impacts.
RECOMMENDATION:
The Planning Commission recommends on a 5-0 vote that the City Council:
1. Approve the Negative declaration, file number EA-2006-20.
2. Approve the Rezoriing application, file number Z-2oo6-06, in accordance with
Resolution No. 6441, Ordinance No. 07-1994
Project Data:
General Plan Designation: Commercial/Residential
Existing Zoning Designation: P(REC, ENTER, LID COM)
Proposed Zoning Designation: CG
Gross Acres: 2.2
Net Acres: 1.86
Existing Building Area: 18,700 square feet in two buildings
BACKGROUND
The applicant, acting on the behalf of two property owners, is requesting a rezoning of
two properties within a commercial center located at the southeast corner of Homestead
Road and Stelling Avenue. The center is surrounded by multifamily residential uses to
the east and south, commercial uses to the west and north, and multifamily residential
uses also to the north. The request is to change the zoning from P(REC, ENTER, LID
13 - 6
File Nos.: Z-2006-06, EA-LOO6-20
Page 2
February 6,2007
uses also to the north. The request is to change the zoning from P(REC, ENTER, L TD
COM) to CG (General Commercial). The present zoning allows only recreation uses,
entertainment uses and related commercial uses, and requires a use permit for every
change in use. A change to 1/ CG" would allow the center to compete more effectively
with surrounding commercial centers (Exhibit A-2). At its meeting of January 9,2007,
the Planning Commission voted 5-0 to recommend approval of this rezoning project
(See Planning Commission Resolution).
DISCUSSION
Planning Commission Comments
One Commissioner asked if it was feasible to redevelop or re-tenant the commercial
spaces with larger tenants. A majority of Commissioners were interested in obtaining
better maintenance and improvements in the parking areas and landscaping.
Public Comments
Seven members of the public spoke in favor of the rezoning to give the property owners
more flexibility in attracting tenants and creating a more diverse commercial center.
One resident spoke against the rezoning, saying the center should instead be remodeled
to make it more attractive and workable as a recreation and entertainment center.
Applicant Comments
The property owners and applicant asked for the Commission's endorsement of the
rezoning. They mentioned that some of the allowed uses were not viable or attracted to
Cupertino, while others had large space needs that could not be accommodated in a
center that provides only small tenant spaces (1,000 - 3,000 sq. ft.). The restrictive
zoning does not allow them to compete effectively with other nearby commercial
centers.
Staff Comments. .
Staff pointed out that the shopping center consisted of four properties under different
ownerships and two of the properties; McDonald's Restaurant and Homestead Lanes
have never expressed an interest in rezoning. Both buildings have specialized
improvements that do not lend themselves to re-tenanting without significant
remodeling work. The Commission was interested in maintenance and landscaping
enhancements in the parking area of the commercial center, but it was noted by staff
that most of the parking was located on the Homestead Lanes property, which is not
part of this rezoning application.
The two properties involved in this rezoning are under different ownerships. There is
one multi-tenant building on each lot. One is about 11,600 square feet in size; the other
is about 7,100 square feet. Even if the tenant spaces could be consolidated, the
buildings are too small for larger retailers.
. 13 - 7
File Nos.: Z-2006-06, EA-2006-20
Page 3
February 6, 2007
ENCLOSURES
Draft Zoning Ordinance 07-1994
Planning Commission Resolution No. 6441
Exhibit A-2: Planning Commission Staff Report dated January 9,2007
Prepared by: Colin Jung, Senior Planner
Submitted by:
Approved by:
J~4~ e?€ e-L /0V
Steve Piasecki
. Director, Community Development
David W. Knapp
City Manager
G:\ Planning\PDREPORT\ CC\ U-ZOO6-06 CC.doc
13 - 8
ORDINANCE NO. 07-1994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING SECTION 1 OF ORDINANCE NO.2 BY REZONING
APPROXIMATELY 2.2 GROSS ACJffiS FROM P(REC, ENTER, LTD COM) TO CG
LOCATED AT 20916 and 20956 HOMSTEAD ROAD
APPLICATION Z-2006-06
WHEREAS, an application was filed (Application Z-2006-06) for the rezoning of
property from P(REC, ENTER, L TD COM) (Planned Development Zoning with Recreation,
Entertainment and Limited Commercial Intent) to CG (General Commercial); and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the Rezoning be granted; and
WHEREAS, the property to be rezoned is presently zoned P(REC, ENTER, LID COM)
designation; and
WHEREAS, a map of the subject property is attached hereto as Exhibit "A" as a
proposed amendment to the Master Zoning Map of the City of Cupertino.
NOW, THEREFORE;BE IT ORDAINED AS FOLLOWS:
Section 1. That the properties described in attached Exhibit "B" be and hereby are
rezoned to CG, General Commercial Zoning, and thai Exhibit "A" attached hereto is made part
of the Master Zoning Map of the City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th
day of February. 2007, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this day of . 2007, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
. APPROVED:
City Clerk
Mayor, Kris Wang
G: CuptNT/PlanninglPDREPORT/ORD/Z-2006-06
13 - 9
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SCALE: 1"=100'
ZONING -PLAT MAP
REZONE FROM PLANNED DEVELOPMENT (RECREATION)
ENTERT AINMENT J LIMITED COMMERCIAU TO CG - .
GENERAL COMMERCIAL
HOMESTEAD
ROAD
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P.D.B.
LEGEND
_ - - - REZONING BOUNDARY
PROPERTY LINE
- - - - - CENTERLINE
RW
505 AL TMONTDRIVE
Milpitas, CA 95035
(408) 262-1899
FAJ<(408) 942-0898
EXHIBIT "A"
PLAT TO ACCOMPANY LEGAL DESCRIPTION:
REZONING 13 -10
DATE: 01 04 07
SCALE: AS NOTED
BY: RW
RW ENGINEERING
SHEET 2 OF 2
EXHIBIT ''B''
LEGAL DESCRIPTION FOR REZONING
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of
California, more particularly described as follows: ..
. Beginning at the southeasterly comer of Parcel 2, as shown upon that certain Parcel Map filed
for record in the office of the Recorder ofthe County of Santa Clara, State of CaJi fomi a, on
November 19, 1974, in Book 348 of Maps, at Page 51, Santa Clara County Record~; thence
North 0013'13" West 306.70 feet to the northeasterly comer of Parcel 1, as shown upon that
certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara,
State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County
Records, said point also lying in the Southerly line. of Homestead Road; thence running
Northerly and perpendicular to said Southerly line of Homestead Road 45 feet to the centerline
of Homestead Road; thence along said centerline of Homestead Road South 89047' West 275.27
feet; thence running southerly and perpendicular to said centerline 45 feet to the Northwesterly
corner of said Parcell, said point also lying in the Southerly line of Homestead Road; thence
South ,0002'21 "West 149.&5 feet to the Southeasterly corner of Parcel 4, as shown upon that
certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara,
State of California, on April 23, 1969, in Book 252 of Maps, at Pa~e 24, Santa Clara County
Records; thence South 89047' West 145.85 feet to the Southwesterly comer of said Parcel 4; said
point also lying in the Easterly line of Stelling Road; thence running westerly and perpendicular
. to said Easterly line of Stelling Road 45 feet to the centerline of Stelling Road; thence along said
centerline of Stelling Road South 0002'21" West 53.88 feet; thence running easterly and
perpendicular to said centerline 45. feet to the Easterly line of Stelling Road; thence North
89046'47" East 60.04 feet; thence North 0013'13" West 21.50 feet; thence North 89046'47" East
162.00 feet; thence South 0013'13" East 124.50 feet; thence North 89046'47" East 200.00 feet to
the point of beginning.
The above described parcel of land contains 96,171 square feet or 2.21 acres of land, more or
less.
Description prepared on January 5, 2007
END OF DESCRIPTION
lof2
13-11
Z-2006-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No. 6441
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE RE-ZONING OF A 2.2 GROSS ACRE SITE FROM P(REC,
ENTER, LTD COM), PLANNED DEVELOPMENT ZONING WITH RECREATION,
ENTERTAINMENT, AND LIMITED COMMERCIAL INTENT, TO CG, GENERAL
COMMERCIAL ZONING LOCATED AT 20916 & 20956 HOMESTEAD ROAD.
SECTION I: PROTECT DESCRIPTION
Application No.:
Appl~cant
Location:
Z-200~06
Olivia Jang (for Huang and Armanini)
20916 & 20956 Homestead Road
SECTION II: FINDINGS FOR REZONING
WHEREAs, the Planning Commission of the City of Cupertino received an application
for the rezoning o.f property, as described on this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the Planning Commission finds that the subject rezonmg meets the
following requirements:
1) That the rezoning is in conformance with the General Plan of the City of Cupertino.
2) That the property involved is adequate in size and shape to conform to the new
zoning designation.
3) That the new zoning encourages the most appropriate use of land.
4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace,
morals and general welfare of persons residing or working in the neighborhood of
subject parcels.
5) That the rezoning promotes the orderly development of the city.
13-12
Resolution No. 6441
Page 2
Z-2006-06
January 9, 2007
NOW, THEREFOREI BE IT RESOLVED:
That after careful consideration of mapsl factsl exhibits, testimony and other evidence
submitted in this matter, application no. Z-2006-06 is hereby recommended for
approval; and
That the subconclusions upon which the findings and conditions 'specified in this
Resolution are based and contained in the Public Hearing recorq concerning
Application Z-2006-06, as set forth in the Minutes of the Planning Commission Meeting
of January 91 2007 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A: Zoning Plat Mapl and
Exhibit B: Property Legal Descriptions for 20916 & 20956 Homestead Road, except
as may be amended by the Conditions contained in this Resolution.
PASSED AND ADOPTED this 9th day of January 20071 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of Califomial by the following roll
call vote:
AYES:
COMMISSIONERS: Chairperson Millerl Vice Chair Giefer, Wong, Saadati
Chien
COMMISSIONERS: none
COMMISSIONERS: none
COMMISSIONERS: none
NOES:
ABSTAIN:
ABSENT:
ATTEST:
APPROVED:
/ s/Steve Piasecki
Steve Piasecki
Director of Community Development
/ s/Marty Miller
Marty Miller, Chair
Cupertino Planning Commission
G:Planning/PDREPORT /Res/2006/ Z-2006-06
13 - 13
CITY OF CUPERTINO
10300 Torre Avenue, Cu.pertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Exhibit A - 2
Application: Z-2006-06 (EA-2006-20)
Applicant: Olivia Jang
Owners: Eric Huang, Carolyn Armanini
Location:. 20916 and 20956 Homestead Road
Agenda Date: January 9, 2007
Application Summary:
Rezoning of a 2.2 gross acre site from Planned Development (Recreation, Entertainment,
Limited Commercial) to CG(General Commercial).
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of:
1. The negative declaration, file number EA-2006-20;
2. The rezoning application, file number Z-2oo6-06, in accordance with the model
resolution.
Project Data:
General Plan Designation:
Existing Zoning Designation:
Proposed Zoning Designation:
Acreage (Gross):
Building Square Footage:
Commercial/Residential
. P(Rec, Enter, Ltd Com)
CG
2.2 acres
19,060 square feet
Project Consistency with General Plan: Yes
Environmental Assessment: Negative Declaration
BACKGROUND:
The applicant is requesting approval to rezone a portion of an existing commercial
center located at the southeast quadrant of Homestead and Stelling Roads to allow for a
greater variety of commercial uses than are currently allowed by the specialized
commercial zoning (Exhibit A). The surrounding land uses are multiple-family
residential to the south and east, commercial . and residential uses to the north in
Sunnyvale, and commercial uses to the.west.
DISCUSSION:
In 1974, a 5-acre site was proposed for development by Brunswick Corporation, a
manufacturer of bowling equipment and developer/ operator of bowling alleys across'
the country. In submitting its bowling alley development applications, Brunswick
emphasized the demand for recreational uses in the area. The City Council responded
by approving the bowling alley and restricting the land uses of the other approved
13 ':'14
Plpplications:Z-2006-06
Page 2
January 9, 2007
buildings to recreation, entertainment and related commercial uses. The concept was to
create a recreational/ entertainment center, not another shopping center.
D Two Parcels Proposed for Rezoning to "CG"
Within two years the bowling alley was built and the property was subdivided into
four commercial lots, but the applicant was unable to secure other tenants for the other
building spaces and he sought a change in the general plan land use designation from
recreation/ entertainment and incidental commercial to a general commercial use. The
general plan land use amendment was denied by the City Council, but the Council
signaled its willingness to consider other types of commercial use at the center. In 1977,
the City approved a rezoning of the property from P(Rec, Enter, Related Com) to P(Rec,
Enter, Limited Com), which allowed a greater range of commercial uses, but required a
use permit for every change in use. In 1979, the applicant came back to the City to
modify the zoning again to add additional commercial uses in order to fully occupy the
building spaces. This was the last time the zoning was modified by the City. The
allowed land uses are listed in Exhibit B.
13 - 152
Applications: Z-2006-06
Page 3
January 9, 2007
The property owners have petitioned the City to remove this specialized commercial
zoning from two of the four properties in the center and allow a full range of.
commercial uses that are allowed by right in nearly every commercial center in the City.
The concept of a specialized recreation and entertainment center never materialized at
this location due to a lack of market demand. The limited range of land uses and the
requirement of a use permit for every change of use place the property owners at a .
competitive disadvantage compared to other commercial centers in the area. .
It is not as important to modify the zoning for the other two commercial properties in
this center that are similarly zoned: the Homestead Lanes (bowling alley) parcel and the
McDonald's Restaurant parcel. These properties have specialized building
improvements not usable to different tenants without significant redevelopment:
Enclosures:
Model Resolution for Z-2006-06
ERC Recommendation, Initial Study
Exhibit A-1: Letter from Applicant
Exhibit B-1: Permitted Uses in P(Rec, Enter, Ltd Com)
Submitted by: Colin Jung, Senior Planner .
Approved by: Steve Piasecki, Director of Community Developm~
G: \Planning\PDREPORT\pcZreports\2006zreports\ Z-2006-06.doc
13 - 163
Z-2006-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE RE-ZONING OF A 2.2 GROSS ACRE SITE FROM P(REC,
ENTER, LID COM), PLANNED DEVELOPMENT ZONING WITH RECREATION,
ENTERTAINMENT, AND LIMITED COMMERCIAL INTENT, TO CG, GENERAL
COMMEROAL ZONING LOCATED AT 20916 & 20956 HOMFSTEAD ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
Z-2006-06
Olivia Jang (for Huang and Armanini)
20916 & 20956 Homestead Road
SECTION II: FINDINGS FOR REZONING
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the rezoning of property, as described on this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the Planning Commission finds that the subject rezoning meets the
following requirements:
1) That the rezoning is in conformance with the General Plan of the City of Cupertino.
2) That the property involved is adequate in size and shape to conform to the new
zoning designation.
3) That the new zoning encourages the most appropriate use of land.
4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace,
morals and general welfare of persons residing or working in the neighborhood of
subject parcels. .
5) That the rezoning promotes the orderly development of the city.
13 - 17
Resolution No.
Page 2
Z-2006-06
January 9, 2007
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. Z-2oo6-06 is hereby recommended for
approval; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based . and contained in the Public Hearing record concerning
Application Z-2006-06, as set forth in the Minutes of the Planning Commission Meeting
of January 9, 2007 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A: Zoning Plat Map, and
Exhibit B: Property Legal Descriptions for 20916 & 20956 Homestead Road, except
as may be amended by the Conditions contained in this Resolution.
PASSED AND ADOPTED this 9th day of January 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYPS:
NOPS:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTFST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Cupertino Planning Commission
G:PIanningjPDREPORT jResj2006jZ-2006-06
.13 - 18
ZONING PLAT MAP
APN: 326-09-061
REZONE: 1.12 AC
FROM: P (REC. ENTER, L 10 COM)
TO: CG
APN: 326-09-052
REZONE: 0,74 AC
FROM: P (REC, ENTER, L 10 COM)
TO: CG
!
I
I
--~-~
L
~ SCAlE: I" ~ 100'-0"
HOMESTEAD ROAD
!
91 .
"_..___ L-_
100
p
o
275.27
I~
(J1
10
o
~26-O9-O52 - T
0.74 AC. NET .0
. 10
I
19
~ ..171.00
1~.63
en
!O
I I~
~..qgr::145~5 .
~ _ 162.00
~ 60.Qg ~
49.00 I 0.
o
-~ 326-09-061 ......
1.12 AC. NET Ig
~
0
0
I
L_ 200.09.,
z
.
CJ)
-I
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r
C
Z
G')
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o
)>
c
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I
I
I
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-~
13-19
DRAFT
Exhibit B
. Property Legal Description for
Rezoning File No. Z-2006-06
All that certain real property in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
Parcel One (1) as shown upon that certain parcel map filed for record April 23, 1969 in Book
252 of Maps at Page 24 Santa Clara County Records, containing 0.7414 .::!:: acres, and the abutting
Homestead Road half street with a width of 45 feet to the centerline of the street.
Parcel Two (2) as shown upon that certain parcel map filed for record November 19, 1974 in
Book 348 of Maps at Page 51 Santa Clara County Records, containing 1.12 + acres, and the
abutting Stelling Road half street with a width of 49 feet to the centerline of the street.
13 - 20
CITY OF CUPERTINO
RECOMMENDATION OF ENVIRONMENTAL REVIEW COMMIlThE
December 13, 2006
As provided by the Environmental Assessment Procedure, adopted by the City Council
of the City of Cupertino on May 27, 1983, as amended, the following described project
was reviewed by the Environmental Review Committee of the City of Cupertino on
December 13, 2006.
PROTECT DESCRIPTION AND tOCA nON
Application No.:
Applicant: .
Location:
Z-2006-06 (EA-2006-20)
Olivia J ang (Huang & Armanini)
20916 & 20956 Homestead Road
DISCRETIONARY ACTION REQUEST
Rezoning .of a 2.2 gross acre site from Planned Development (Recreation,
Entertainment, Limited Commercial) to CG (General Commercial)
FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE
The Environmental Review Committee recommends the granting of a Negative
Declaration finding that ,the project is consistent with the General Plan and has no
significant nvi nm tal impacts.
g/ercjREC EA-2006-20
13 - 21
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(40B) 777-3251
FAX (40B) 777-3333
Community Development Department
CUPEI(fINO
PROJECT DESCRIPTION:
Ave -
Environmental S. ettlng: :-t- '. " J
~~\pa~t~l~~~V-rd.- S~ r.~
i^
PROJECT DESCRlPTIO~~" ItC-S. '1..'L '
Site Area (~c.) - J. bc, ~Ullding Coverage - '2..3 % Exlsl Building -1~rJ. P~oposlf~ I
Bldg. - N JA sJ. Zone - ~J n.\.,()JU3.P. Designation - C~N\€Av\ ~-es\~Q."
Assessor's Parcel No. - ~- oq -...Q.5 '2 ) :5 2.b- 09 - 0 b \
If Residential, Units/Gross Acre - 1\\ 1 'A
Total# Rental/Own Bdrms
Total s.f.
Price
Unit Type #1
Unit Type #2
Unit Type #3
Unit Type #4
Unit Type #5
Applicable Special Area Plans: (Check)
o Monta Vista Design Guidelines
o
S. De Anza Conceptual
o
N. De Anza Conceptual
o
S. Sara-Sunny Conceptual
o
Stevens Crk Blvd. Conceptual
o
Stevens Creek Blvd. SW & Landscape
If Non-Residential, BUilding Area - j ~ 7 2- 7 sJ.
Employees/Shift - _Parking Required \j atf'l eJ<.c,
Project Site is Within Cupertino Urban Service Area-
FAR - 1-3~ Max.
Parking Provided
YES Il
iJ/A
NO 0
13 - 22
A. CUPERTINO GENERAL PLAN SOURCES D. OUTSIDE AGENCIES (Continued)
1. Land Use Element 26. Midpeninsula Regional Open Space District
2. Public Safety Element 27. County Parks and Recreation Department
3. Housing Element 28. Cupertino Sanitary District
4. Transportation Element 29. Fremont Union High School District
5. Environmental Resources 30. Cupertino Union School District
6. Appendix A- Hillside Development 31. Pacific Gas and Electric
7. Land Use Map 32. Santa Clara County Fire Department
8. Noise Element Amendment 33. County Sheriff
9. City Ridgeline Policy 34. CAL TRANS
10. Constraint Maps 35. County Transportation Agency
36. Santa Clara Valley Water District
B. CUPERTINO SOURCE DOCUMENTS
11. Tree Preservation ordinance 778 E. OUTSIDE AGENCY DOCUMENTS
12. City Aerial Photography Maps 37. BAAQMD Survey of Contaminant
'13. "Cupertino Chronicle" (Califomia History Excesses
Center, 1976) 38. FEMA Flood Maps/SCVWD Rood Maps
14. Geological Report (site specific) 39. USDA, "Soils of Santa Clara County"
15. Parking Ordinance 1277 40. County Hazardous Waste Management
16. Zoning Map Plan
17. Zoning Code/Specific Plan Documents, 41. County Heritage Resources Inventory
18. City Noise Ordinance 42. Santa Clara Valley Water District Fuel
Leak Site
C. CITY AGENCIES Site 43. CalEP A Hazardous Waste and
19. Community Development Dept. Ust Substances Site
20. Public Works Dept.
21. Parks & Recreation Department F. OTHER SOURCES
22. Cupertino Water Utility 44. Project Plan Set/Application Materials
45. Field Reconnaissance
D. OUTSIDE AGENCIES 46. Experience w/project of similar
23. County Planning Department scopeJcharacteristics
24. Adjacent Cities' Planning Departments 47. ABAG Projection Series
25. County Departmental of Environmental
Health
i~g~~1:~:~~~~\f!i~!tT~~~~t~~I~~~jlWi!lJli.1~il.
A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES
ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE.
B. Consl,Jlt the Initial Study Source List; use the materials listed therein to complete, the checklist.
information in Categories A through O.
C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s)
in the "Source" column next to the question to which they relate.
D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the
potential impact and suggest mitigation if needed.
E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please
try to respond concisely, and place as many explanatory responses as possible on each page.
F. Upon completing the checklist, sign and date the Preparer's Affidavit.
G. Please attach the fOllowing materials before submitting the Initial Study to the City.
,(project Plan Set of Legislative Document
,(Location map with site clearly marked (when applicable) .
13 - 23
EVALUATION OF ENVIRONMENTAL IMPACTS:
I ~- c- 0 c-
-c C C-
CUcu o1ii C
I ISSUES: -cu- cucu_ t)
.!uu ~u -~ ~(JU
-rt:~ ~rt::51iio ~rt:cu OCU
c_ lI) .- i C) 0- 11).- 0- zOo
[and Supporting Information Sources] (l)cE lI)C -~ II)cE E
"0.2>- C) :t= 0 (I) .~-
(1)._ ~.(J
Q.(I) ..J.(I) s:: ..J.(I)
I. AESTHETICS -- Would the project:
I a) Have a substantial adverse effect on a 0 0 D .)&
,
i scenic vista? [5,9,24.4 1,44] I !
i
b) Substantially damage scenic resources, 0 0 0 at.
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway? [5,9,11,24,34,41,44]
c) Substantially degrade the existing visual 0 0 0 -)1
character or quality of the site and its ;
. surroundings? [1,17,19,44]
d) Create a new source of substantial light or 0 0 0 )(
glare, which would adversely affect day or
nighttime views in the area? [1,16,44]
II. AGRICULTURE RESOURCES: In" ""-I
determining whether impacts to agricultural ' ,
resources are significant environmental
effects, lead agencies may refer to the
California Agricultural Land Evaluation and
Site Assessment Model (1997) prepared by
the California Dept. of Conservation as an
optional model to use in assessing impacts :
on agriculture and farmland. Would the .,
project:
a) Convert Prime Farmland, Unique 0 0 0 ~
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use? [5,7,39]
I b) Conflict with existing zoning for 0 0 0 )t
I agricultural use, or a Williamson Act
I contract? [5,7,23]
c) Involve other changes in the existing 0 0 0 ;g.
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use? [5,7,39]
13 - 24
I !
I cO
I >>- 1: C :;:i C- I
-C C
I -C'lS- C'lS C'lS 0 ra C'lSC'lS_ - I
~OO .c O.c .- L.. .cOO 0
!ISSUES: -ti:~ 1--=_1Uo 1-ti:C'lS OelS
e_ en C 'j: ~ e- en - Q. zc. I
[and Supporting Information Sources] G) C E enD) ~o encE E I
'0.2'- Q)- 2:0 G) ~- -
D..tn ..Jtn C ..Jtn
111I. AIR QUALITY - Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district may be relied upon
I to make the following determinations. Would
, the project: i
~---------------_......_--_.._-- ------- ----
. .. 1--- ..------1
i a) Conflict with or obstruct implementation of 0 0 0 ~ i
I the applicable air quality plan? [5,37,42,44] I
j
I b) Violate any air quality standard or 0 0 0 ~
contribute substantially to an existing or
projected air quality violation? [5,37,42,44] . ..
I c) Result in a cumulatively considerable net 0 0 0 .;Rl
increase of any criteria pollutant for which I
the project region is non-attainment under an
applicable federal or state ambient air quality
I standard (including releasing emissions
which exceed quantitative thresholds for
I ozone precursors)? [4,37.44] I
I d) Expose sensitive receptors to substantial 0 0 0 .it
I pollutant concentrations? [4,37,44] ; It
e) Create objectionable odors affecting a 0 0 0 Jil
substantial number of people? [4.37,44] ,
IV. BIOLOGICAL RESOURCES ~ Would
the project: I
,
a) Have a substantial adverse effect, either 0 0 0 ~
directly or through habitat modifications, on
any species identified as a candidate,
i sensitive, or special status species in local or ,
I regional plans, policies. or regulations, or by I
the California Department of Fish and Game
I or U.S. Fish and Wildlife Service?
1[5,10,27,44]
I b) Have a substantial adverse effect on any 0 0 0 l8l
I riparian habitat or other sensitive natural
I community identified in local or regional
I plans, policies, regulations or by the
I California Department of Fish and Game or
US Fish and Wildlife Service? [5,10,27,44]
c) Have a substantial adverse effect on 0 0 0 JQ
I federally protected wetlands as defined by
I Section 404 of the Clean Water Act
I (includina, but not limited to, marsh, vernal
13 - 25
I ~- 0 cE
_c ce c~
-lIS- lIS lIS 0 lIS lIS lIS- -
I .! u u .c u .c'- 100 .cUO 0
ISSUES: -li:~ 1-c;:_1Go l-=lIS o lIS
c_ lI)'-'i CJe.. U) - e.. ze..
[and Supporting Information Sources] Q)cE lI)C _100 U) C E E
o~- m :!:: 0 Q)!!J-
~ .- :aE U
D..c/) en C ....I en
-
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means? [20,36,44]
I d) Interfere substantially with the movement 0 0 0 ~
1 of any native re.sident or migratory fish or
i wildlife species or with established native I
I resident or migratory wildlife corridors, or
I impede the use of native wildlife nursery
sites? [5,10,12,21,26]
e) Conflict with any local policies or 0 0 0 -~
ordinances protecting biological resources,
such as a tree preservation policy or . -
ordinance? [11,12,41]
f) Conflict with the provisions of an adopted
I Habitat Conservation Plan, Natural 0 0 0 -~
I Community Conservation Plan, or other
approv~ local, regional, or state habitat
conservation plan? [5,10,26,27]
V. CULTURAL RESOURCES - Would the
project: .-.
a) Cause a substantial adverse change in 0 0 0 :~
the significance of a historical resource as
defined in 915064.5? [5,13,41]
b) Cause a substantial adverse change in 0 0 0 .J(
the significance of an archaeolDgical
resource pursuant to 915064.5? [5,13,41]
I c) Directly or indirectly destroy a unique 0 0 0 Ji(
I paleontological resource or site Dr unique
I geologic feature? [5,13,41] _
I d) Disturb any human remains, including 0 0 0 )K I
I those interred outside of formal cemeteries? I
[1,5]
VI. GEOLOGY AND SOilS - Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
I i) Rupture of a known earthquake fault, as 0 0 0 ~
I delineated Dn tlie most recent Alquist-PriDlo
Earthquake Fault Zoning Map issued by the
13 - 26
i c+ c.2
I >0- c1:
i -I: CU cO....
-CU.... ..cCU CU cucu_ ....
.!oo o - ~ ..cOO 0
ISSUES: 1:!Ea, l-;;:::5~0 l-;;::tlJ o CIS
II) .- '3: m c. 11)'- c. zc.
[and Supporting Information Sources] CDcE 11)1: -~ II)I:E E
'0,2)- CDCD =0 CD .2l-
I ..J- :!Eo
Q.U) U) I: ..JU)
I State Geologist for the area or based on I
I other substantial evidence of a known fault?
I Refer to Division of Mines and Geology
Special Publication 42. [2,14,44]
J
i ii) Strong seismic ground' shaking? 0 0 0 lZt ,
! [2,5,10,44] I I
I i
! 0- I
I iii) Seismic-related ground failure, including .
0 0 0 ~ I
I liquefaction? [2;5,10,39,44]
I iv) Landslides? [2,5,10,39,44] 0 0 0 J{
I b) Result in substantial soil erosion or the 0 0 0 ~
I .
1 loss of topsod? [2,5,10,44]
I c) Be located on a geologic unit or soil that is 0 0 0 .;)Ct
I
I unstable, or that ~ould become u.nstable as
! a result of the project, and potentially. result . .
I in on- or off-site landslide, lateral spreading,
I subsidence, liquefaction or collapse?
I [2,5,10,39] .
d) Be located on expansive soil, as defined 0 0 0 . ;J2l
in Table 18-1-B of the Uniform Building Code
(1997), creating substantial risks to life or
property? [2,5,10]
I
Ie) Have soils incapable of adequately 0 0 0 .;8l
I supporting the use of septic tanks or I
I alternative waste water disposal systems
I where sewers are not available for the I
i disposal of waste water? [6,9,36,39]
I VII. HAZARDS AND HAZARDOUS
I MATERIALS - Would the project:
I a) Create a !;)ignificant hazard to the public or 0 0 0 .)f{
I the environment through the routine
I transport, use, .or disposal of hazardous
materials? [32,40,42,43,44]
.
b) Create a significant hazard to the public or 0 0 0 A
the environment through reasonably
! foreseeable upset and accident conditions
I involving the release of hazardous materials
I into the environment? [32,40,42,43,44]
c) Emit hazardous emissions or handle 0 0 0 )it
hazardous or acutely hazardous materials,
I substances, or waste within one-quarter mile
13 - 27
\ >.- 0 Cc 1
I -c Cc c:;:::
I -m- mm om mm- t)
.!! e,) u j!:.g~1iO .cue,) I
ISSUES: -r;:~ I-r;:m o m
c_ II) - .- C) Q. II) - Q. zQ.
[and Supporting Information Sources] SCE II) C ~._... II) C E E
o.~- CD m :t:: 0 CJ)g}-
..I .- :!u -
a.m II> C ..1m
-
of an existing or proposed school?
[2,29,30,40,44]
I d) Be located on a site which is included on a 0 0 0 1&f
I list of hazardous materials sites compiled
. pursuant to Government Code Section
165962.5 and, as a result, would it create a ;
I ;
I significant hazard to the public or the ;
environment? [2,42,40,43}
e) For a project located within an airport land 0 0 0 tl
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
in a safety hazard for people residing or
working in the project area? [ I
f) For a project within the vicinity of a private 0 0 0 -.J(
airstrip, would the project result in a safety
hazard for people residing or working in the
project area? [ ]
g) Impair implementation of or physically 0 0 0 ~ I
interfere with an adopted emergency
response plan or .emergency evacuation
plan? [2,32,33,44]
h).Expose people or structures to a 0 0 0 ~
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas or
where residences are intermixed with
wildlands?[1,2,44]
VIII. HYDROLOGY AND WATER QUALITY
- Would the project:
I a) Violate any water quality standards or 0 0 0 X
waste discharge requirements? [20,36,37]
b) Substantially deplete groundwater 0 0 0 Et
supplies or interfere substantially with I
groundwater recharge such that there would
be a net deficit in aquifer volume or a
lowering of the local groundwater table level
(e.g., the production rate of pre-existing
I nearby wells would drop to a level
I which would not support existing land uses
or planned uses for which permits have been
I granted)? [20,36,42] .
13 - 28
I
I >>..... 0 ct:
c- c-
-c cuc oca
I . -cu..... cucu- t)
.!!!UU J::~ .-r... J::UU
I ISSUES: . . -q::a ~q::;:caO ....-cu o cG
c.- (/) - .- C) a. (/) :t: a. zc.
I [and Supporting Information Sources] Q) c E (/) c ~.- "" (/)cE E
o .EJ- G)tn ~o Q) .r]!-
...I .- :e U
c..en en -c ...I en
I -
I
c) Substantially alter the existing drainage 0 0 0 R..
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
- I substantial erosion of siltation on- or off-site?
! [14, 20,36} ----j
I -- f-------------'- --. I
1-'
I d) Substantially alter the existing drainage 0 0 0 A
I patt~rn of the site or area, including through
the alteration of the course of a stream or
I river. or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off-site
[20,36.38]
I e) Create or contribute runoff water which 0 0 0 a I
I would exceed the capacity of existing or !
I planned stormwater drainage systems or
I provide substantial additional sources of
polluted runoff? [20.36,42]
!
I f) Otherwise substantially degrade water 0 0 0 Ja.
I quality? [20,36,37]
g) Place housing within a 100-yearflood 1 0 0 0 a
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate I
I Map or other flood hazard delineation map? I
1 [2.38] .
! ..~
I h) Place within a 100-year flood hazard area 0 0 0
I structures which would impede or redirect
1 flood flows? [2,38]
I
I i) Expose people or structures to a signfficant 0 0 0 )?[
risk of loss. injury or death involving flooding,
I including flooding as a result of the failure of
I a levee or dam? [2.36,38]
I j) Inundation by seiche, tsunami, or 0 0 0 ~
i mudflow? [2,36,38]
I IX. LAND USE AND PLANNING - Would I
the project:
a) Physically divide an established 0 0 0 ~
community? [7,12,22,41]
b) Conflict with any applicable land use plan, 0 0 0 ~I
! policy, or regulation of an agency with i
13 - 29
,------
I 0
I >>..... c1;
I c1: c-
I _c as ftS 0 1\i
I -ftS.... ftSas.... '0
I .!uo .cu.c'-" .coCJ
i ISSUES: . .... ij: ~ I- _1;So l-ij:ftS o as
c_ r/) !E .- C) Q. r/) - Q. zQ.
I [and Supporting Information Sources] Q) C E r/)c~-" r/)cE E
cL~- m ~ 0 (I) g)-
~.- ~ u
a. en en C ...Jm
jurisdiction over the project (including, but
not limited to the general plan, specific plan,
local coastal program, or zoning ordinance)
I adopted for the purpose of avoiding or ----J
I mitigating an environmental effect?
1[1,7,8,16,17,18,44]
l--~' _~___~_'___'____"_______~_____~___J__'_'__'~ ------.- -.---..;--..-------.... -_..
I c) Conflict with any applicable habitat 0 0 -}it i
0
I conservation plan or natural community .
I conserVation plan? [1,5,6.9.26]
I X. MINERAL RESOURCES - Would the
I project:
I a) Result in the loss of availability of a known 0 0 0 .Ji1
I mineral resource that would be of value to
I the region and the residents of the state?
[5,10]
b) Result in the loss of availability of a 0 0 0 $t
locally-important mineral resource recovery
site delineated on a local general plan,
specific plan or other land use plan? [5,10]
I
I XI. NOISE - Would the project result in:
I
a) Exposure of persons to, or generation of, 0 0 0 ~
noise levels in excess of standards
I established in the local general plan or noise
I ordinance, or applicable standards of other
agencies? [8,18,44] I
I b) Exposure of persons to or generation of 0 0 0 ~ I
excessive ground borne vibration or
groundbome noise levels? [8,18,44]
I c) A substantial permanent increase in 0 0 0 ~
I ambient noise levels in the project vicinity
I above levels existing without the project? I
i [8,18]
I d) A substantial temporary qr periodic 0 0 0 ~
I increase in ambient noise levels in the
I project vicinity above levels existing without
, the project? [8.18,44]
I
I e) For a project located within an airport land 0 0 0 .B\
I use plan or, where such a plan has not been
, adopted, within two miles of a public airport
I or public use airport, would the project
i expose people residinq or working in the
13 - 30
I 1
I >>.... 0 c""
c- c-
-c cui 0'; c I
(ijC'lSt) cucu.... t)
.- U tIS .s::. U .s::. .- ~ .s::.uu
ISSUES: ....rt: ~E;:....1iio ~-cu oC'lS
c_ g II) - .- Q) 0.. II) ~ c. zo.
[and Supporting Information Sources] Ql c E II) c 3=.- a.. II)cE E
c),~ - QltD :=0 (1)~-
...J- :::Eu
D..en en c ...JU)
-
project area to excessive noise levels?
[8,18,44]
f) For a project within the vicinity of a private 0 0 0 ~
airstrip, would the project expose people I
I residing or working in th~ project area to
! excessive noise levels? [8,18] J I I . !
I XII. POPULATION AND HOUSING - Would ~
I
I the project: I
I
a) Induce substantial population growth in an 0 0 0 it
area, either directly (for example, by I
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)? [3,16,47,44]
I b) Displace substantial numbers of existing 0 0 D ~
housing, necessitating the construction of
replacement housing elsewhere? [3,16,44]
c) Displace substantial numbers of people, D 0 0 P\
necessitating the construction of
replacement housing elsewhere? [3,16,44]
I XIII. PUBLIC SERVICES'
I a) Would the project re~>ult in substantial I
I adverse physical impacts associated with the :
provision of new or physically altered i
.. I
governmental facilities, need for new or
physically altered governmental facilities, the
I construction of which could cause significant I
environmental impacts, in order to maintain I
I acceptable service ratios, response times or
other performance objectives for any of the
public services:
Fire protection? [19,32,44] 0 0 0 ]a..
Police protection? [33,44] 0 0 0 1::(
I Schools? [29,30,44] 0 0 0 ~ I
I Parks? [5,17,19,21,26,27.44] 0 0 D .:a
I
Other public facilities? [19,20,44] 0 0 0 R
XIV. RECREATION-
I a} Would the project increase the use of 0 0 0 J(
I existinq neiqhborhood and regional parks or I
13 - 31
;
I >-- I: _ 0 1:1:
-I: I: 1:'-
-ns- ns lG 0 1;; ClSns- ....
lG (.) (.) ,c (.) ._.... ,c(.)(.) tJ
ISSUES: :;::(i:s, 1-q:::51UO I--CIS o ClS
e_ rn '-.'- C) e- rn!:: Q. zQ.
[and Supporting Information Sources] a>I:E rn c 3:.- rnC:E E
-0 .,2)- Q)l:>> ~o a>.,2)-
..J .- :a: (.)
a.w w I: ..JW
-
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
[5,17,19,21,26,27.,44]
i b) Does the project include recreational 0 0 D. X
! facilities or require the construction or i .
f i
I expansion of recreational facil~ies which
might have an adverse physical effect on the
environment? [5,44] ,
XV. TRANSPORTATlONITRAFFIC-
Would the project:
I a) Cause an increase in traffic which is . 0 0 0 ~
I substantial in relation to the existing traffic '
load and capacity of the street system (Le.,
I result in a substantial increase in either the
I number of vehicle trips, the volume to .
capacity ratio on roads, or congestion at
intersections)? [4,20,35,44]
b) Exceed, either individually or cumulatively, 0 0 0 it
a level of service standard established by the '.
county congestion management agency for
designated roads or highways? [4,20,44] :
c) Result in a change in air traffic patterns, 0 0 0 -.R
including either an increase in traffic levels or .
a change in locatiOn that results in
substantial safety risks? [4,?] .
d) Substantially increase hazards due to a 0 0 0 .~
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)? [20,35,44]
.
e) Result in inadequate emergency access? 0 0 0 ~
[2,19,32,33,44]
f) Result in inadequate parking capacity? D. 0 4 }Z1
[17,44]
i g) Conflict with adopted policies, plans, or 0 0 0 J&(
programs supporting alternative
transportation (e.g., bus turnouts, bicycle
racks)? [4,34]
XVI. UTILITIES AND SERVICE SYSTEMS-
Would the project:
I
13 - 32 .
I ~... 0 c'E
c - c-
-c cGC 0'"
'iiicGt) .ccG cG cGcG.... t) I
:;::; ~ l! u -... .cUU
ISSUES: 1-q::=1Go l-q:::cG o cG
c_ eI) c i .!? e- (I)-Co zCo
[and Supporting Information Sources] CD C E el)cn =0 (l)cE E
o .E>>- ~ .- :!!: U Q) .2'-
D.(/) (/) C ..JU)
-
I a) Exceed wastewater treatment 0 0 0 Jlt.
I requirements of the applicable Regional
Water Quality Control Board? [5,22,28,36,44]
I b) Require or result in the construction of 0 0 0 14
new wate~ or wast~~ater tr~~~ent facilities
I or expansion of eXIstIng facllrtles, the I , i
! I I I
I construction of which could cause significant
I
environmental effects? [36,22,28,36] .
c) Require or result in the construction of 0 0 0 4
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could calise significant
I environmental effects? [5,22,28,36,44]
e) Result in a determination by the 0 0 0 ~.
wastewater treatment provider which serves
or may serve the project that it has adequate
capacity to serve the project's projected
. demand in addition to the proviaer's existing
commitments? [5,22,2.8,36,44]
f) Be served by a landfill with sufficient 0 0 o. ; Pi
permitted capacity to accommodate the - .
project's solid waste disposal needs? [1]
g) Comply with federal, state, an-d local 0 0 0 ft'(
statutes and regulations related to solid
I waste? [1] I
,
13 - 33
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or
o
o
o
zl
I
animal or eliminate important examples of i
the major periods of California history or
prehistory? 0
b) Does the project have 'impacts that are 0 0 0 E(
I individually limited, but cumulatively
considerable? C'Cumulatively
I considerable" means that the incremental
effects of a project are considerable when
viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)?
10
I c) Does the project have environmental 0 0 0 !it
effects which will cause substantial adverse
effects on human beings, either directly or
indirectly? 0
I hereby certify that the information provided in this Initial Study is true and correct to the
best of my knowledge and belief; I certify that I have used proper diligence in responding
accurately to all questions herein, and have consulted appropriate source references
when necessary to ensure full and complete disclosure of relevant environmental data. I
hereby acknowledge than any substantial errors dated within this Initial Study may cause
delay or discontinuance of related project review procedures, and hereby agree to hold
harmless the City of Cupertino, its staff and authorized agents, from the consequences of
such delay or discontinuance.
Pre parer's Signature
Print Pre parer's Name
13 - 34
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
0 Aesthetics 0 Agriculture Resources 0 Air Quality
0 Biological Resources 0 Cultural Resources 0 Geology ISoils
0 Hazards & Hazardous 0 Hydrology / Water 0 Land Use / Planning
Materials Quality
0 Mineral Resources 0 Noise 0 Population / Housing
0 Public Services 0 Recreation .,. Transportationffraffic
0 Utilities I Service 0 Mandatory Findings of
Systems Significance
DETERMINATION:
On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that:
Staff Eval~ato f
. Jj Vt/~
ER~airperson /
Ji'l
The proposed project COULD NOT have a- significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
Although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have
been made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
The proposed project MAY have a "potentially significant impacr or "potentially
significant unless mitigat~d" impact on the environment, but at least one effect 1) has
, been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
Although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an
earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b)
have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE .
DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
o
o
o
o
n/li I'D G
Date '
- t ~l\ ~/1 ob'
Date
13 - 35
Environmental Evaluation
File No. Z-2006-06
Transportationffraffic
The rezoning would allow a large range ofpersonaI"service, financial and office Uses in this
shopping center that are currently allowed by right in most other commercial areas in the City.
Under the rezoning, up to 25% ofthe shopping center may be tenanted with office. Effect on
parking capacity is indeterminable since medical offices have a higher parking requirement than
retail (1 space per 175 g.s.f. vs. 1 space per 250 g.s.!), but most office uses have a lower parking
requirement ( 1 space per 285 g.s.f.).
A parking study is required for each new tenant that generates a higher than retail parking
requirement.
13 - 36
Exhibit A- i
f RRrRT'TF:r)
:~ .:;- /.UUG
~
BY:
Community Development Department
City of Cupertino
10300 Torre Avenue.
Cupertino, CA 95014
November 28,2006
Eric Huang
P. O. Box 2383
Cupertino, CA 95015
RE: APPLICATION FOR ZONING CHANGE
20956 HOMESTEAD ROAD
APN# 326~09-O61
Dear Sir/Madam:
Enclosed with this letter is a completed Application Form which I am submitting
for rezoning.
The current zoning is P (REC, ENTER., LID COMM). We are submitting this
application in support of our request to change the existing zoning to CG (General
Commercial) zoving.
l-
We believe that the requested zpning change would be in the best interest of the
City of Cupertino and the surrounding property owners because the CG zoning is more
consistent with the area than the present zoning. In addition, it is our. opinion that the
quality of tenants, the use of the premises will generate more revenues than the current
zoning allows. Furthermore, typically, less city services are required for properties that
are commercial versus those that allow recreational and entertainment use.
Please contact the undersigned if you require any additional information.
/
Re~f:'6tful1y submitted,
.~
Eric Huang, Owner
~
13 - 37
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T"I~?hunc (<to.'!l 2~2-4$OS
DEPr\RfMOH OF
Septemhl..,t"
1.3, 1977"
~U\l'('r(,!'ot
P. O. J\ox
SCln JOSt:".
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Resolution '0. 1719 (continued}
PASSED A.\'D ADOPTE~ thi~' 8th day oOf August. 1977. at a regular meeting of the
Planning Con~jssion of 'he City of Cupertino. State of California. by the
following rollcall vote:
AYES:
NAYS:
ABSTAIN:
AB S E.,'H :
Commissioners Adams, BHdne. Chairman Kc'enitzer
Noue~J
Nene
Comroisqioners Gatto. Mal:'kkula
APPROVED ~
-.
/s/ R. D. Koenitzer
R. D. Koenitzer. Chairman
Planning Commission
ATTEST:
W~"lNUAI\
Robert Co'Wan
ASsistant Planning Director
e
.....-0.... : ,:.
13-:- 43
I'''~...
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-3-
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~
-N-
~
ZONING
PLAT
MAP
REZONE FROM PLANNED DEVELOPMENT (RECREATION/
ENTERT AINMENT J LIMITED COMMERCIAL) TO CG -
GENERAL COMMERCIAL
o
I
50
'1
100
I
200
I
SCALE: ''':=100'
HOMESTEAD
ROAD
I
----1-------
wi
N 89'47'00" E 275.27'
~
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ill
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0
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(f) Z
PARCEL 4
252 PM 24
Z{XI
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o 0
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PARCEL 1
252 PM 24
326-09-052
0.74 AC.
......
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N BllW:J~
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N 89'46'47" E
'6 :oO'-~
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N 013"3" W ~ 0
21.50' ~I~
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N 89'46' 47" E
60.04' r
PARCEL 2
848 PM 51
326-09-061
1.12 AC.
~
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N 89'46'47' T 200.00'
P.O.B.
LEGEND
- - - - REZONING BOUNDARY
PROPERTY LINE
- - - - - CENTERLINE
DATE: 01 04 07
SCALE: AS NOTED
BY: RW
RW
505 AL TMONT DRIVE
Milpitas, CA 95035
(408) 262-1899
FAX (408) 942-0898
EXHIBIT "A"
PLAT TO ACC,OMP ANY LEGAL DESCRIPTION:
REZONING 13 - 44
RW ENGINEERING
SHEET 2 OF 2
EXHIBIT "B"
LEGAL DESCRIPTION FOR REZONING
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of _
California, more particularly described as follows:
Beginning at the southeasterly comer of Parcel 2, as shown upon that certain Parcel Map filed
for record in the office of the Recorder of the County of Santa Clara, State of California, on
November 19, 1974, in Book 348 of Maps, at Page 51, Santa Clara County Records; thence
North 0013'13" West 306.70 feet to the northeasterly comer of Parcel 1, as shown upon that
certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara,
State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County
Records, said point also lying in the Southerlyline" of Homestead Road; thence running
Northerly and perpendicular to said Southerly line of Homestead Road 45 feet to the centerline
of Homestead Road; thence alOlig said centerline of Homestead Road South 89047' West 275.27
feet; thence running southerly and perpendicular to said centerline 45 feet to the Northwesterly
comer of said Parcell, said point also lying in the Southerly line of Homestead Road; thence
South 0002'21"West 149.85 feet to the Southeasterly comer of Parcel 4, as shown upon that
certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara,
State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County
Records; thence South 89047' West 145.85 feet to the Southwesterly comer of said Parcel 4; said
point also lying in the Easterly line of Stelling Road; thence running westerly and perpendicular
to said Easterly line of Stelling Road 45 feet to the centerline of Stelling Road; thence along said
centerline of Stelling Road South 0002'21" West 53.88 feet; thence running easterly and
perpendicular to said centerline 45 feet to the Easterly line of Stelling Road; thence North"
89046'47" East 60.04 feet; thence North 0013'13" West 21.50 feet; thence North 89046'47" East
162.00 feet; thence South 0013'13" East 124.50 feet; thence North 89046'47" East 200.00 feet to
the point of beginning.
The above described parcel oflan.d contains 96,171 square feet or 2.21 acres ofland, more or
less.
Description prepared on January 5, 2007
END OF DESCRIPTION
10f2
13,.45
JUN-02-2007 04:48 PM ARMANINI
206 3651747
P.01
----'"
bJ5fo7-CI'~~ C~U-{\C\\ A-~
ARMANINI FAMILY FUND I.~:tf:. 13
June 2, 2007
[. d'~fHIB~I~
___, w"
Colin Jung, City Planner
City of Cupertino
10300 Torte Avenue.
CUpettino, CA 95014-3255
Fax: (408) 777-3333
Re: Application No. 2-2006-06 (EA-2006-20), APN326-09-052 and -061
Rezone 20916 Homestead Road in conjunction with teZone of 20956 Homestead Road
In response to i!ls~es raised regarding the rezone to General Commercial for 20916
Homestead Road, we have obtained several bids fot the repair and restriping of out patking
lot.
We have also obt.uned a bid for painting the exterior of our building in c011junction with the
repaitlting of 209~6 Homestead Road. We anticipate this will enhance and unify the overall
appearance. Alfio, Olivia .Tang, on behalf of 20956 Homestead, has solicited and received
additional bids fot. painti11g both buildings.
We appreciate YOll! consideration of this request to appropriately zone these properties.
Sincerely;
(2aw~~(,An~~V\tV\l
Carolyn Armanini
Managing Partner
18948 rORnST PARK DRTvn NH. l.A.Kl\ !'C)Rf"l,l''T' PARR, W^' 98155.24:)6
PHONB: (2(16) ~(\~-1747 . J::.M^IL: cllortllanini@i,p.com
May 30, 2007
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Exhibit A - ~
r~V\~
Dear Cupertino City Council:
Thank you for giving us the opportunity to work with the City of Cupertino
on the rezoning considerations for our property at T .S 20956
Homestead Road. We would like to propose the following course of
actions to improve our shopping center environment:
List of improvement actions to be done on our property:
1. Remove any graffiti from the front and back of the property.
2. Increase maintenance of the grounds.
3. Fix and repave the rear parking lot, Reseal, recoat, and re-stripe the
front parking lot.
4. Repave the rear pedestrian path transition.
5. Improve the landscaping for the rear parking area.
6. Repaint the buildings with brighter color to create a fresher and unified
appearance.
7. Repair the concrete in the garbage bin area in the back parking lot.
8. Increase and/or update the parking lot lighting system
List of actions for our neiQhborinQ properties and their response:
1. We contacted and met with the property owner of Homestead Lanes
numerous times and proposed that he carry out similar improvement,
such as: repaving their parking lot, repainting their building, and
adding additional landscaping to improve the appeal of the overall
parking lot area
He initially expressed some interest and we worked together and got
several quotations for all three properties, including repaving of the
parking lot and repainting of the buildings. We even proposed hiring a
paint consultant.
After he received the bids, he told us that he would need to get his
Partners' approval. We have not received confirmation from him that
Homestead Lanes wishes to participate in these endeavors.
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2. We would like to emphasize that most of the front parking area is
under the jurisdiction of Homestead Lanes, therefore their cooperation
is imperative because they own close to 80% of the overall parking
area, as well as 50% of the building facade.
3. The owner of McDonald's told us that they might be interested in
repaving their parking lot. However, they need to wait until next year or
the year after next year, but are definitely not interested this year.
List of actions for future tenants procurement:
1. We will definitely diversify tenants in addition to having restaurants and
beauty shops.
2. We will actively seek retail type tenants.
3. We will put particular emphasis on specialty jewelry stores, cell
phone/communication stores; electronics stores such as Radio Shack,
and printing/copying store. We thought of other categories such as
auto parts store (such as NAPA CarQuest) but they usually require
much large footage than what we can offer.
Sincerely
Eric Huang
Olivia Jang
arel r4E\tt_~~
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