CC Resolution No. 16-044 Directing City Staff to Prepare a Report on the Effects of the North De Anza Gateway Initiative Pursuant to Elections Code Section 9212 and Appropriate $135,000 for Such PurposeRESOLUTION NO. 16-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO DIRECTING CITY STAFF TO PREP ARE A REPORT ON
THE EFFECTS OF THE PROPOSED INITIATIVE ENTITLED:
"INITIATIVE (1) AMENDING CUPERTINO'S GENERAL PLAN
REQUIREMENTS FOR THE NORTH DE ANZA GATEWAY TO
INCREASE THE EXISTING ALLOCATIONS BY 35,000 COMMERCIAL
SQUARE FEET AND 156 HOTEL ROOMS, INCREASE THE
MAXIMUM BUILDING HEIGHT FROM 45 TO 58 FEET, AND
REMOVE SOME DEVELOPMENT STANDARDS; (2) ESTABLISHING
A NEW 'GATEWAY ZONING DISTRICT' TO ALLOW GREATER
BUILDING HEIGHTS AND NEW PERMITTED USES IN CERTAIN
AREAS AND APPLYING THIS ZONING TO THE NORTH DE ANZA
GATEWAY; AND (3) REQUIRING CONDITIONS OF APPROVAL
FOR THE NORTH DE ANZA GATEWAY TO INCLUDE CERTAIN
COMMUNITY BENEFITS, AND SETTING PARKING LIMITS" AND
TO APPROPRIATE FUNDS FOR THE PREPARATION OF THE
REPORT
WHEREAS, on April 6, 2016, Ruby Elbogen, Reed Sparks, and William
Hausman (Proponents) submitted to the City Clerk a Notice of Intent to circulate an
initiative petition and a request for the City Attorney to prepare the official ballot title
and summary for the North De Anza Gateway ("North De Anza Gateway Initiative");
and
WHEREAS, on April 21, 2016, the City Attorney prepared the Title and
Summary for the North De Anza Gateway Initiative and provided it to Proponents; and
WHEREAS, Elections Code section 9212 authorizes the City Council to
direct City staff to prepare a report on the impacts of the Initiative, including seven
specified types of impacts as well as on "any other matter" that the City Council
requests to be included in the report; and
WHEREAS, the City Council has determined that such a report would
provide valuable information about the North De Anza Gateway Initiative to the
Council and to all interested residents of the City; and
WHEREAS, the preparation of an Elections Code section 9212 report is
not a project under provisions and requirements of the California Environmental
Quality Act of 1970, together with related State CEQA Guidelines (collectively,
Resolution No . 16-044
Page2
"CEQA"), in that this is administrative action which does not involve a direct or
reasonably foreseeable indirect impact on the physical environment; and;
NOW THEREFORE, be it RESOLVED:
1. The City Council directs City staff to:
a. Prepare a Report on the effects of the North De Anza Gateway
Initiative pursuant to Elections Code section 9212, addressing each of the impacts
specified in subsection (a)(l)-(7) of that section, to the extent applicable, as well as any
other items identified by the City Council, including comparison to other pending
initiatives; and
b. Retain, at the direction of the City Manager, any consultants that
the City Manager determines are necessary to complete the Report, in an amount not to
exceed $135,000.00; and
c. Present the Report to the City Council no later than the latest date
authorized by Elections Code section 9212(b); and
2. The City of Cupertino's Operating Budget for the Fiscal Year 2015/2016 is
hereby amended to appropriate $135,000.00 for the preparation of the Report.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 3rd date of May, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
Grace Schmidt, City Clerk g, Mayor, Sx of Cupertino