CC Resolution No. 14-213 Approving Specific Plan Amendments to the Heart of the City Specific Plan RESOLUTION NO. 14-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING SPECIFIC PLAN AMENDMENTS TO THE HEART OF THE CITY
SPECIFIC PLAN
SECTION I:PROJECT DESCRIPTION
Application No: SPA-2014-01
Applicant: City of Cupertino
Location: Within the Heart of the City Specific Plan boundaries
SECTION II: ENVIRONMENTAL REVIEW PROCESS
WHEREAS pursuant to City Council direction to initiate a project to replenish, reallocate and
increase citywide development allocations in order to plan for anticipated future development
activity while keeping with the community's character, goals, and objectives and to consolidate
development requests by several property owners for amendments to the General Plan,under a
comprehensive community vision, and
WHEREAS, pursuant to State Housing Law, the City Council has directed staff to update the
Housing Element of the General Plan and make associated zoning amendments to comply with
State Law; and
WHEREAS, prior to the Council's consideration of this Specific Plan amendment, the Council
adopted Resolution No. 14-211, adopting a General Plan Amendment covering the properties
which are the subject of this Specific Plan amendment;and
WHEREAS, this Specific Plan amendment will make the Heart of the City Specific Plan
consistent with the City's General Plan land use map,proposed uses and surrounding uses; and
WHEREAS, the Specific Plan amendment application is part of the General Plan Amendment,
Housing Element Update and Associate Rezoning, all as fully described and analyzed in the
June 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning
Project Environmental Impact Report ("Draft EIR") (State Clearinghouse No. 2014032007), as
amended by text revisions in the August 2014 General Plan Amendment, Housing Element
Update and Associated Rezoning Project EIR Response to Comments Document ("Response to
Comments Document") and the Supplemental Text Revisions(together,the "Final EIR");
WHEREAS, the Final EIR was presented to the Planning Commission on September 9, 2014 at a
Planning Commission Study Session; and
WHEREAS, the Final EIR was presented to the, City Council on October 7, 2014 at a City
Council Study Session;and
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning Commission
held public hearings on October 14,2014 and October 20, 2014 to consider the project; and
Resolution No. 14-213
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WHEREAS, on October 20, 2014, the Planning Commission recommended on a 4-0-1 (Takahashi
absent) vote that the City Council certify that the Final EIR has been completed in compliance
with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and-
reflects the independent judgment and analysis of the City, adopt the Findings and Statement of
Overriding Considerations, adopt the Mitigation Measures, and adopt the Mitigation
Monitoring and Reporting Program, in substantially similar form to the Resolution presented
(Resolution no. 6760); adopt the General Plan Amendment(GPA-2013-01) (Resolution no. 6761);
authorize staff to forward the Draft Housing Element to the State Department of Housing and
Community Development for review (GPA-2013-02); approve the prioritized list of potential
Housing Element sites in the event amendments are needed to the proposed Housing Element
sites upon HCD review (Resolution no. 6762); approve the Zoning Map Amendments, Z-2013-
03, in substantially similar form to the Resolution presented (Resolution no. 6763); approve the
Municipal Code Amendments to make changes to conform to the General Plan and Housing
Element and other clean up text edits (MCA-2014-01) (Resolution no. 6764); approve the Specific
Plan Amendments, SPA-2014-01, in substantially similar form to the Resolution presented
(Resolution no. 6765); and
WHEREAS, on November 10,2014,public comment was collected on the project;
WHEREAS, on December 2, 2014, the City Council held a duly noticed public hearing that was
continued to December 3, 2014 and adjourned on December 4, 2014 to consider the amendments
to the Specific Plan; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for this
Resolution;
WHEREAS, prior to taking action on' this Resolution, the City Council has exercised its
independent judgment in carefully considering the information in the Final EIR and finds that
these Specific Plan amendments fall within the scope of the certified Final EIR, in that all
amendments proposed in this Resolution that have the potential.for resulting in either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the
environment have been examined in the Final EIR and therefore, no recirculation of the Final
EIR is required; and
WHEREAS, after consideration of evidence contained in the entire administrative record, at a
duly noticed public hearing commencing on December 2, and continuing on December 3 and
December 4, 2014, the City Council adopted Resolution No. 14-210 certifying the Final EIR,
adopting Findings and a Statement of Overriding Considerations, adopting Mitigation
Measures, and adopting a Mitigation Monitoring and Reporting Program.
NOW THEREFORE:
After careful consideration of the,maps,facts,exhibits, testimony and other evidence submitted
in this matter,the City Council finds:
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1. That the amendment to the Heart of the City Specific Plan is consistent with the intent of the
goals and policies of the General Plan as a whole, and is not inconsistent with any element
thereof;
2. That the amendment to the Heart of the City Specific Plan is necessary to prescribe
reasonable controls and standards for affected land uses to insure compatibility and
integrity of those uses with other established uses;
3. That the amendment to the Heart of the City Specific Plan is necessary to provide
reasonable property development rights while protecting environmentally sensitive land
uses and species; I
4. That the amendment to the Heart of the City Specific Plan is necessary to correct
discrepancies in standards or policies within the plan area or land use category; and
5. That the amendment to the Heart of the City Specific Plan is necessary to protect the general
health, safety, or general welfare of the community as a whole.
NOW, THEREFORE,BE IT RESOLVED:
1. Section 1.01.020.B of the Heart of the City Specific Plan is amended to read:
"Residential density shall be per the General Plan Land Use and zoning maps.If a If a site is
listed as a Priority Housing Site in the City's adopted Housing Element of the General Plan,
then residential development that does not exceed the number of units designated for the
site in.the Housing Element shall be a permitted use.
Residential development on sites not designated as Priority Housing Sites in the City's
adopted Housing Element of the General Plan and residential development on a Priority
Housing Site that exceeds the number of units designated for that Priority Housing Site
shall be a conditional use.
For sites which require a specific plan prior to development approval, the permitted and
conditional uses shall be as shown in the specific plan.
In mixed residential and commercial developments, the preferred location for residential
units shall be behind primary street fronting retail/commercial uses. Secondarily, residential
units may be located above the ground level on multi-story buildings. The amount of
building space devoted to retail/commercial uses shall be such that the retail/commercial
uses shall have a viable and substantial retail component."; and
2. Section 1.01.030(A)(2) of the Heart of the City Specific Plan is amended to read:
The primary bulk of the building shall be maintained on building planes as required in the
General Plan.
3. Heart of the City Specific Plan Land Use Map is amended as shown in Exhibit SPA-1.
4. Heart of the City Zoning Map is amended as shown in Exhibit SPA-2.
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PASSED AND ADOPTED at a meeting of the City Council of the City of Cupertino this 4th
day of December 2014,by the following vote:
Vote: Members of the City Council:
AYES: Sinks, Chang, Paul, Vaidhyanathan,Wong
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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