CC Ordinance No. 15-2135 Rezoning A 0.98 Acre Parcel from Light Industrial to Planned Development Zoning District with Light Industrial and Commercial UseORDINANCE NO. 15-2135
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REZONING A 0.98 ACRE PARCEL FROM LIGHT INDUSTRIAL WITH
SPECIAL DEVELOPMENT CONDITIONS (ML-fa) TO PLANNED
DEVELOPMENT ZONING DISTRICT WITH LIGHT INDUSTRIAL AND
COMMERCIAL USES P(ML, CG)
SECTION I: PROJECT DESCRIPTION
Application No: Z-2015-01
Applicant: City of Cupertino
Location: 10950 N. Blaney Avenue (APN: 316 03 041)
SECTION II: RECITALS
WHEREAS, immediately prior to the City Council's consideration of this rezoning, and
following the Commission's recommendation, the City Council adopted Resolution No.
15-087, adopting a General Plan Amendment to amend the land use designation of the
property which is the subject of this rezoning ordinance from Industrial/Residential to
Industrial/Commercial/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 proposed rezoning was described and analyzed in the General Plan
Amendment, Housing Element Update, and Associated Rezoning Project
Environmental Impact Report (State Clearinghouse No. 2014032007) certified on
December 4, 2014 ("Final EIR"); and
WHEREAS, the necessary public notices were given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Planning
Commission held a public hearing on September 22, 2015 to consider the project; and
WHEREAS, on September 22, 2015, the Planning Commission reviewed and considered
the information in the administrative record, staff report, and all oral and written
testimony presented to Planning Commission including the Final EIR and the
Addendum and on a 5-0 vote recommended adoption of the Addendum and the
General Plan Amendments related to the approval of the proposed policy, text and
figure edits. On the issue of the change of the land use designation of the property
located at 10950 N. Blaney Ave (APN: 316 03 041), the Planning Commission
recommended approval on a 4-1 vote (Lee: no); and
WHEREAS, the necessary public notices were given as required by the procedural
ordinances of the City of Cupertino and the Government Code, and the Environmental
Ordinance No. 15-2135
Page 2
Review Committee held a public hearing on October 1, 2015 to consider the Addendum;
and
WHEREAS, on October 1, 2015, the Environmental Review Committee reviewed and
considered the Addendum and recommended that the City Council find that the Final
EIR and the Addendum, together comply with the requirements of CEQA and adopt
the Addendum on a 3-0 vote (2 absent); and
WHEREAS, upon due notice, the City Council has held at least one public hearing on
the amendment to the Zoning map and on the rest of the project approvals on October
20, 2015; and
WHEREAS, the City Council has determined that the proposed rezoning does not meet
the criteria for preparing a subsequent or supplemental EIR under Public Resources
Code Section 21166 and CEQA Guidelines Sections 15162 and 15163; and,
WHEREAS, an Addendum to the Final EIR has therefore been prepared pursuant to
CEQA Guidelines Section 15164 for the rezoning in order to analyze the rezoning along
with proposed General Plan text and map revisions; and
WHEREAS, the Addendum provides analysis and cites substantial evidence that
supports the City's determination that the rezoning will not have any physical impact
on the environment, including no increases in Greenhouse Gas emissions, no increased
impacts to Biological Resources, no impacts to aesthetics, does not result in the
generation of additional criteria pollutant emissions from stationary and mobile
sources, no reductions in water quality, no impacts to mineral resources or no new
adverse impacts related to noise and vibration, no impacts to public services and no
impacts to public utilities. The changes related to the re-insertion of language related to
LOS thresholds in the Mobility Element were metrics used to analyze potential project
impacts in the Final EIR, and the modifications do not result in impacts to the
circulation system; and
WHEREAS, the proposed rezoning would not require major revisions to the Final EIR
due to new or substantially increased significant environmental effects. There have been
no substantial changes with respect to the circumstances under which the Rezoning
would be undertaken that would require major revisions of the Final EIR due to new or
substantially increased significant environmental effects, and there has been no
discovery of new information of substantial importance that would trigger or require
major revisions to the Final EIR due to new or substantially increased significant
environmental effects; and
WHEREAS, prior to the City Council's consideration of the rezoning, the City Council
adopted Resolution No. 15-087 adopting the Addendum for the project; and
Ordinance No. 15-2135
Page 3
WHEREAS, the City Council finds the following:
1. That the proposed zoning is in accord with the Municipal Code and the City's
General Plan (Community Vision 2015—2040)
The proposed zoning is consistent with the General Plan as amended by Resolution No. 15-087.
These changes are conforming changes to make the City's zoning map conform to the land use.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The proposed rezoning was described and analyzed in the General Plan Amendment, Housing
Element Update, and Associated Rezoning Project Environmental Impact Report (State
Clearinghouse No. 2014032007) certified on December 4, 2014 ("Final EIR"); all mitigation
measures identified in the Final EIR have been adopted and incorporated into the project to
reduce the impacts of new development to the extent feasible. In addition, an Addendum to the
Final EIR for the rezoning and the approved General Plan Amendment was prepared, which
analyzes the proposed rezoning and concludes that the proposed rezoning does not meet the
criteria for preparing a subsequent or supplemental EIR under Public Resources Code Section
21166 and CEQA Guidelines Sections 15162 and 15163.
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 site being rezoned has access to utilities, is located on the valley floor, and does not have any
physical constraints to development. To the north of the property is about 2 acres of property
zoned Planned Development Zoning District with General Commercial Uses [P(CG)].
Therefore, the addition of the commercial zoning designation to this property would further
improve compatibility of the property with adjoining uses.
4. The proposed zoning will promote orderly development of the City.
The sites being rezoned will promote orderly development in the City by allowing similar land
uses to be located compatibly. As previously, mentioned, the property located to the north of the
subject property is zoned Planned Development Zoning District with General Commercial Uses
P(CG)]. Addition of the General Commercial Zoning Designation to this property would allow
compatibility of the property with adjoining uses and therefore, promote orderly development of
the City and easier applicability of zoning regulations.
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 zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes. Where potential environmental and human health impacts
Ordinance No.15-2135
Page 4
were identified in the Final EIR, mitigation measures were adopted to reduce the impacts to the
extent feasible.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the Final EIR and Addendum, maps, facts, exhibits,
testimony, public comment, and other evidence submitted in this matter, the City
Council based upon the findings described above, the public hearing record and subject
to the following, finds:
Section 1. That the property shown/described in Exhibit Z-1 (attached) shall have a
zoning designation as shown.
SECTION III: CEOA REVIEW
An Environmental Impact Report and Addendum was prepared in accordance with the
California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et
seq.
INTRODUCED at a regular meeting of the Cupertino City Council the 20th day of
October 2015 and ENACTED at a regular meeting of the Cupertino City Council on this
17th day of November 2015 by the following vote:
Vote Members of the City Council
AYES: Sinks, Chang, Paul, Vaidhyanathan, Wong
NOES: None
ABSENT:None
ABSTAIN: None
ATTEST: AP ROVED:
Awaijeco
Grace Schmidt, City Clerk Rod Sinks, Mayor,
City of Cupertino
EXHIBIT Z-1
715998.2
LEGEND
111. Quasi-Public Building(BQ)
Planned General Commercial, P(CG)
Planned Light Industrial/General
Commercial, P(ML,CG) HOMESTEAD t ii. Pi__ROAD
999% n.,JJJ(I YO 730
imm Subject Property
k 10
w0
aria,i -',311. '". Ob
ear
Z
a41144.
7,-„":,:,9,:':',;,,,11::4,
Ct' zJad $."
e' 9"
p Circ
1T
m•
b
z
N
PI
Cz
Drm
3
l_1=
j0SsRRA
Address: 10950 N. Blaney Ave.4
M
REFW41, a I
Acreage =0.98 yr
280 11
ZONE CHANGE I
From: Light Industrial (ML-fa)I
To: Planned Light Industrial/
General Commercial, P(ML,CG)