Ordinance No. 14-2119 Approving the rezoning of a .87 gross acre parcel from P(CG)-Planned development general commercial to P(CG, RES)- Planned development general commercial and residential, located at 10121 N. Foothill Blvd. ORDINANCE NO. 14-2119
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL APPROVING THE REZONING
OF A .87 GROSS ACRE PARCEL FROM P(CG)—PLANNED DEVELOPMENT GENERAL
COMMERCIAL TO P(CG,RES)—PLANNED DEVELOPMENT GENERAL COMMERCIAL
AND RESIDENTIAL, LOCATED AT 10][2.1 NORTH FOOTHILL BOULEVARD
WHEREAS, an application was received by the City (Application no. Z-2014-01) for the
rezoning of a .87 gross acre parcel from P(CG) —Planned Development General Commercial to
P(CG, Res)—Planned Development General Commercial and Residential; and
WHEREAS, the rezoning will be consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, the necessary public notices have been given and the Planning Commission held
one public hearing, recommending to the City Council that the rezoning be granted per
resolution No. 6738 (Z-2014-01);
WHEREAS, upon due notice, the City Council has held at least one public hearing that the
amendment to the Zoning map be granted; and
WHEREAS, the City Council finds the following:
1. That the proposed zoning is in accord with this title of the Municipal Code and the City's
Comprehensive General Plan.
The rezoning is in conformance with the General Plan Land Use Map of the City of Cupertino, since
the zoning designation would be consistent with the existing land use designation
(Commercial/Residential). The rezoning has been processed in accord with Chapter 19.152 of the
City's Municipal Code.
2. The proposed zoning is in compliance with the provisions of the California Environmental
Quality Act(CEQA).
A mitigated negative declaration (MND) was pry.77ared which analyzed biological resources, cultural
resources, hazardous material, noise, air quality, geology and soils, water quality, parkland and other
potential environmental impacts in accordance with CEQA requirements. The Initial Study
determined that these potential environmental impacts were either less than significant or will be less
than significant with implementation of the required mitigation measures identified in the MND.
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 property involved is adequate in size and shape to conform to the new zoning designation and is
appropriately configured to accommodate residential uses. The rezoning is compatible with the
adjoining land uses and no physical constraints are present that would conflict with anticipated land
use development. Provision of utilities and related infrastructure to service the property are required
as part of the future development.
4. The proposed zoning will promote orderly development of the City.
The rezoning promotes the orderly development of the city in that the rezoning facilitates the
development of additional housing units where municipal services are currently available. The
proposed rezoning is consistent with General Plan Policy 2-32 which discourages exclusive general
commercial uses and encourages developments that are not in an identified commercial area (such as
the project site) to include a neighborhood commercial presence along the street with storefronts and
residential uses.
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 rezoning is not detrimental to the health, safety, peace, morals and general welfare of
the persons residing or working in the neighborhood of subject parcels, as relevant mitigation
measures will be incorporated as part of the CEQA review process to mitigate potential impacts to a
less than significant level, in addition to adherence to all City regulations.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, the City Council based upon the findings described above, the public
hearing record and the Minutes of Planning Commission Meeting of April 22, 2014, and subject
to the conditions specified below:
Section 1. That the property described in attached Exhibits A is hereby rezoned to: P(CG, Res)
— Planned Development General Commercial and Residential; and that Exhibit A attached
hereto is made part of the Master Zoning Map of the City of Cupertino;
Section 2. That the Rezoning is contingent upon the final recordation of the tentative parcel map
indicated as a concurrent approval(TM-2014-01); and
Section 3. This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino,
State of California, the 20th day of May 2014, and ENACTED at a regular meeting of the City
Council of the City of Cupertino the 2nd day of June 2014 by the following roll can vote:
AYES: Wong, Sinks, Chang, Mahoney
NOES: Santoro
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
iFoA—Grace Schmidt Gilbert Wong, Mayor
City Clerk City of Cupertino
EXHIBIT A: ZONING PLAT MAP AND LEGAL.DESCRIPTION
ZONING PLAT MAP
ee_ �
REZONE
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FROM: P(CG)
TO: P(CG/RES) L
SCALE: 1/32 = 1'-0"
235.17'
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io SILVER OAK WAY
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154.26'
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i SITE AREA: 0.622 ACRES . "�jn
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GROSS AREA: 1.02 ACRES 1
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LEGAL DESCRIPTION:
ALL OF LOT 68,AS SHOWN ON THAT CERTAIN MAP ENTITLED'TRACT NO.4823 WESTRIDGE VILLAGE,"
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER,SANTA CLARA
COUNTY,CALIFORNIA ON APRIL 23, 1970,IN BOOK 267 OF MAPS,AT PAGES 22 AND 23. THE GROSS
AREA,MEASURED TO THE CENTERLINE OF FOOTHILL BLVD AND SILVER OAK WAY IS 1.02 ACRES.
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 14-2119, which was
enacted on June 2, 2014, 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 3rd day of June, 2014.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate
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