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Z-2014-01b OFFICE OF THE CITY CLERK �,� CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE: (408)777-3223• FAX: (408) 777-3366 To: Planning Department From: Kirsten Squarcia Subject: Subject: Foothill Live-Work development project, second reading Recommended Action: Conduct the second reading and enact 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 10121 North Foothill Boulevard." Date: June 5, 2014 At its June 2, 2014 regular meeting, the Cupertino City Council took the following action: CONDUCTED THE SECOND READING AND ENACTED 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 10121 NORTH FOOTHILL BOULEVARD." (SANTORO VOTING NO) ORDINANCE N0. 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 10121 NORTH FOOTHILL BOULEVARD WHEREAS, an application was received by the City (Application no. Z-201401) 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. T'hat 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 prepared 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. T'he 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 Cfty 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-201401);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 20t'' day of May 2014, and ENACTED at a regular meeting of the City Council of the City of Cupertino the 2°d day of June 2014 by the following roll call vote: AYES: Wong, Sinks, Chang, Mahoney NOES: Santoro ABSTAIN: None ABSENT: None ATTEST: APPROVED: /s/Grace Schmidt /s/Gilbert Wong Grace Schmidt Gilbert Wong, Mayor City Clerk City of Cupertino EXHIBIT A:ZONING PLAT MAP AND LEGAL DESCRIPTION � ZUNIN � PLAT MAP N �, REZONE FROM: P(CGJ ' TO: P(CG/RES) SGALE: 1132'�' :- I' 0,� 235.17' � - - - ----- - ��_ _._.__. �------------ __.._... io SILVER OAK WAY � _ _ _ . i� _, ��' 15426' ` ••—•---•—••— ��----•—•--••�- �9 ; ? ` 60 ' � 9 �,. • . 6�� +; � —n �' � � � '' ' O. , � , _.., ; o = � � o�i� i 1 �, � r y Z i -� , Gl 1 Z � r ,1 t � U � O � � ,'� ; 7�'^z" � � �l �� ! j SITE AREA:0.622 ACRES �' � N; '':, � �.. � �i �N . GROSS AREA: 1.02 ACRES oY;�o i i oo g'(,;o ' ir � � �� I �� S . � � 1 � 1 1 �''� _ . ' . � I � �' � , � � � 1 • . `� � ° J �---- ----G5.00 ".-=�-----� ------------------------•--------•-------------- - `', '� 172.rJ2' LEGAL DESCRIPTION: '. ALL OF LOT 68.AS SHOWN ON THAT CERTAIN rviAP ENTITLED"7RACT NO.a823 WESTRIDGE vIILAGE," WHICH P�IAP WAS FILED F�R 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. ; � , i OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 C U P E RT I N O TELEPHONE: (408)777-3223• FAX: (408)777-3366 May 21, 2014 Re: Foothill Live/Work development project Application No(s): DP-2014-02, ASA-2014-02, T`M-2014-01, TR-2014-08, Z-2014-01 (EA-2014-01); Applicant(s): Tate Development (Foothill Auto Service & Detail, Inc); Location: 10121 N Foothill Blvd APN# 342-32-070; Development Permit to allow the demolition of an abandoned automobile service station and construct six residential units, including five live-work units with detached workspaces, along with associated site and off-site improvements; Architectural and Site Approval to allow the demolition of an abandoned automobile service station and construct six residential units, including five live-work units with detached workspaces, along with associated site and off-site improvements; Tentative Map to subdivide a .66 net acre parcel into six residential lots and one common area lot; Tree Removal Permit to allow the removal and replacement of five Monterey Pine trees; Rezoning of a .87 gross acre parcel from Planned Development General Commercial - P(CG) to Planned Development General Commercial and Residential -P(CG, Res); Mitigated Negative Declaration At its May 20, 2014 regular meeting, the Cupertino City Council took the following action: Approved Mitigated Negative Declaration EA-2014-01; and Adopted Resolution No. 14- 153 approving Tentative Map TM-2014-01; and Adopted Resolution No. 14-154 approving Development Permit DP-2014-02; and Adopted Resolution No. 14-155 approving Architectural and Site Approval ASA-2014-02; and Adopted Resolution No. 14-156 approving Tree Removal Permit TR-2014-08; and added the following conditions: • Superseded Condition nos. 9(j)(i) and 9(j)(ii) of Planning Commission Resolution No. 6734 to state, "Five (5) guest parking spaces shall be reserved for workspace patrons and allowable incidental employees only during the hours of 7 AM to 6 EA-2014-01 May 20, 2014 Page 3 Community Development Foothill Auto Service Details, Inc. C/o Mike Amici David Doyle 647 N. Santa Cruz Ave., #B 22362 Cupertino Road Los Gatos, CA 95030 Cupertino, CA 95014 Tate Development Jan Stoeckenius and Julia Tien Attn: Ron Tate PO Box 1807 22 S. Santa Cruz Ave., 2nd Fl. Cupertino, CA 95015-1807 Los Gatos, CA 95030 Bill Fisher Sam Nazhand 22631 Queens Oak Court 22556 Silver Oak Way Cupertino, CA 95014 Cupertino, CA 95014 Deane Gardner Jeff Ploshay 22321 Cupertino Road 22586 Silver Oak Way Cupertino, CA 95014 Cupertino, CA 95014 Sunil Baliga Jeff and Gayla Page 22216 Cupertino Road 22646 Silver Oak Way Cupertino, CA 95014 Cupertino, CA 95014 ��, OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 C U P E RT 1 N O TELEPHONE: (408)777-3223• FAX: (408)777-3366 To: Planning Department From: Kirsten Squarcia Subject: Subject: Foothill Live/Work development project Recommended Action: A) Approve Mitigated Negative Declaration EA- 2014-01; and B) Conduct the first reading of 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 10121 N. Foothill Blvd," Z-2014-01; and C) Adopt Resolution No. 14-153 approving Tentative Map TM-2014-01; and D) Adopt Resolution No. 14-154 approving Development Permit DP-2014-02; and E) Adopt Resolution No. 14-155 approving Architectural and Site Approval ASA-2014-02; and F) Adopt Resolution No. 14-156 approving Tree Removal Permit TR-2014-08 Descri�tion: Application No(s): DP-2014-02, ASA-2014-02, TM-2014-01, TR- 2014-08, Z-2014-01 (EA-2014-01); Applicant(s): Tate Development (Foothill Auto Service & Detail, Inc); Location: 10121 N Foothill Blvd APN# 342-32- 070; Development Permit to allow the demolition of an abandoned automobile service station and construct six residential units, including five live-work units with detached workspaces, along with associated site and off-site improvements; Architectural and Site Approval to allow the demolition of an abandoned automobile service station and construct six residential units, including five live-work units with detached workspaces, along with associated site and off-site improvements; Tentative Map to subdivide a .66 net acre parcel into six residential lots and one common area lot; Tree Removal Permit to allow the removal and replacement of five Monterey Pine trees; Rezoning of a .87 gross acre parcel from Planned Development General Commercial -P(CG) to Planned Development General Commercial and Residential- P(CG, Res); Mitigated Negative Declaration Date: May 27, 2014 May 27, 2014 Page 2 At its May 20, 2014 regular meeting, the Cupertino City Council took the following action: Approved Mitigated Negative Declaration EA-2014-01; and Adopted Resolution No. 14- 153 approving Tentative Map TM-2014-01; and Adopted Resolution No. 14-154 approving Development Permit DP-2014-02; and Adopted Resolution No. 14-155 approving Architectural and Site Approval ASA-2014-02; and Adopted Resolution No. 14-156 approving Tree Removal Permit TR-2014-08; and added the following conditions: • Superseded Condition nos. 9(j)(i) and 9(j)(ii) of Planning Commission Resolution No. 6734 to state, "Five (5) guest parking spaces shall be reserved for workspace patrons and allowable incidental employees only during the hours of 7 AM to 6 PM, Monday through Friday. The five (5) reserved guest parking stalls shall be open to all parties during the hours of 6 PM to 7 AM, Monday through Friday and 24 hours a day on weekends and holidays." • The applicant shall work with the affected neighboring property owners along the west and south property lines to determine the acceptable trimming and maintenance height of the new privacy trees/shrubs along the west and south property lines. The CC&Rs shall reflect the acceptable trimming and maintenance heights. • The CC&RS shall require property owners of the live-work units to obtain and maintain a City business license in order to utilize the workspaces. Failure to do so would be a violation of the Development Permit and CC&Rs and would result in further code enforcement action by the City. The City Council also took the following legislative actions at the May 20, 2014 regular meeting; Conducted the first reading of 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 10121 N. Foothill Blvd," Z-2014-01 Z-2014-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6738 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF 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 SECTION I: PROTECT DESCRIPTION Application No.: Z-2014-01 Applicant: Tate Development Property Owner: Foothill Auto Service &Detail, Inc. Location: 10121 N. Foothill Boulevard (APN 342-32-070) SECTION II: FINDINGS FOR A REZONING: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Rezoning as described in Section I. of this Resolution; and WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative Declaration; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Comn-►ission has held at least one public hearing in regard to the application; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Plaruzulg Commission finds as follows with regard to this application: a. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. Tlie rezoning is in conformance witli tlie General Plan Land Use Map of tlie City of Cupertino, since tlze zoning designation would be consistent witli the existing land use designation (Commercial/Residential). The rezoning lias been processed in acco��d witli Clzapter 19.152 of the City's Municipal Code. b. The proposed zorting is in compliance with the provisions of the California Environmental Quality Act(CEQA). A mitigated negative declaration (MND) was prepared whiclz analyzed biological resources, cultural resources, hazardous material, noise, air quality,geology and soils, water quality,pa1•kland and other potential environmental impacts in accordance with CEQA requirements. Tlie Initial Study determined that these Resolution No.6738 Z-2014-01 Apri122,2014 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. c. 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 tlze property a��e required as part of the future development. d. The proposed zoning will promote orderly development of the City. The rezoning promotes the orderly development of tlze city in that the rezoning facilitates t12e development of additional housing units where municipal services are currently available. Tlie proposed rezoning is consistent with General Plan Policy 2-32 which discourages exclusive general commercial uses and encoul•ages developments that are not in an identified commercial area (suclz as the project site) to include a neigliborliood commercial presence along the street with storefronts and residential uses. e. 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 tlze health, safety, peace, morals and general welfare of tlie persons residing or working in the neighborliood of subject parcels, as relevant mitigation measures will be incorporated as part of the CEQA review process to mitigate potentiai impacts to a less than significant level, in addition to adherence to all City regulations. NOW, THEREFORE,BE IT RESOLVED: That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,: A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby recommended for adoption; and the application for a Rezoning, Application no. Z-2014-01 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 no. Z-2014-01 as set forth in the Minutes of Planning Comnlission Meeting of Apri122, 2014, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval recommendation is based on Exhibit A: Zoning plat map and legal description. 2. ACCURACY OF PROTECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, Resolution No.6738 Z-2014-01 Apri122,2014 any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3. CONCURRENT APPROVAL CONDITIONS The conditions of approval contained in file nos. ASA-2014-02, TM-2014-01, DP-2014-02, and TR- 2014-08 shall be applicable to this approval. 4. INDEMNIFICATION To the extent permitted by law, the Applicant shall indemnity and hold harmless the City, its City Council, its officers, employees and agents (the "inderrulified parties") from and agaulst any claim, action, or proceeding brought by a third parfy against the indemnified parties and the applicant to attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 5. NOTICE OF FEES,DEDICATIONS,RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions,pursuant to Government Code Section 66020(a),has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from Iater challenging such exactions. PASSED AND ADOPTED this 22nd day of April, 2014, Regular Meeting of the Planning Commission of the City of Cupertino, State of California,by the following roll call vote: AYES: COMMISSIONERS: Chair Brophy, Gong, Sun, Takahashi NOES: COMMISSIONERS:Vice Chair Lee ABSTAIN: COMMISSIONERS:none ABSENT: COMMISSIONERS: none ATTEST: APPROVED: /s/Gar�Chao /s/Paul Bro�hv Gary Chao Paul Brophy, Chair Assist.Director of Community Development Planning Coininission Resolution No.6738 Z-2014-Oi Apri122,2014 EXHIBIT A: ZONING PLAT MAP AND LEGAL DESCRIPTION ; � I ZONING PLAT MAP ! `�� ; N �; � � REZONE � r' FROM: P{CG) � 'i � TO: P(CG/RES) 1 � J �___.--.. SCALE: 1/32�= i'-0" � , 235.17' ; ��-------- ------- - - --________�� o SILVER OAK WAY � O i o �-_. .� I�-, 't = � � � 154.26' 2 � �� 29��•��p� �� ; � � 1 ' 6��P i 1 � 1 ; --� � � !� .- � ; � � i t O � � � „� i{ 1 ' �� = I i 1 � ; � y � � I � �� ' Z' A t ° ` � � ! � • m � 1 � � � 4 j SITE AREA:0.622 ACRES m ,�m � � °'i ` : i �j �N , GROSS AREA: 1.02 ACRES o o j i 100 � �'�o � � '�" i �r � � � : ' � � . '' � j i , ,. � ' i , � � ,, ; '�� _ � , � l � ' r '� � � � \ � �� 1' �� L�� 65.�� `� '� � ��2.52� � ` ` 'j 1' � 1 � ; i � LEGAL DESCRIPTION: ; ; ', ALL OF LOT 68,AS SHOWN ON THAT CERTAIN NiAP ENTITLED'TRACT NO.4823 WESTRIDGE VILLAGE;' I ; WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER,SANTA CLARA i ti COUNTY,CALIFORNIA ON APRIL 23, 1970,IN BOOK 267 OF P�1APS,AT PAGES 22 AND 23. THE GROSS ! � AREA,MEASURED TO THE CENTERLINE OF FOOTHILL BLVD AND SILVER OAK WAY IS 1.02 ACRES. _I f { � ,i I G:\Planning\PDREPORT\RES\2014\Z-2014-01 res.doc • • or 1 lona . n or�na 1 on . ee 1 e _ _ _ _ _ _ _ _