cc action letter.pdf OFFICE OF THE CIIY CLE�K
CITY HALL
10300 TORRE AVENUE ^GUPERTII�d,CA 95014-3255
TELEPHONE: (40$)777-3223� FAX: (408)777-3366
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March 14, 2017
AMENDED
Subject: Review and consider a development proposal submitted (Scandinavian Furniture
Site), for consideration by the City Council, to authorize t11e proposed applicant to
submit an application for a General Plan Amendment and staff to commence
environrnental and project review. (Application No.: GPAAutl1-2016-01; Applicant:
Kings Mill Group, Keith Fichtner; Location: 19900 Stevens Creek Boulevard; APN: 369-
05-038). Postponed from the February 21, 2017 meeting
At its March 7, 2017 regular meeting, the Cupertino City Council took the following action:
ADOPTED RESOLUTION NO. 17-020 DENYING THE PROJECT (APPLICATION NO.:
GPAAUTH-2016-01) FROM MOVING FORWARD IN THE GENERAL PLAN
APPLICATION PROCESS
Also attached is adopted Resolution No. 17-020.
Any i�2terested person, i�2cluding the applicant, prior to seeking judicial review of any
adjudicatory decision of the City Coicncil, must first file a petition for reco�zsideration zvith the
city clerk within ten da�s after the date of maili�ig of this �2otice. Any petition filed must
comply with Municipal Code §2.08.096. The last day to file a petition for reconsideratio�z is
March 20, 2017.
Sincerely,
., ,
_���.--���, ��_
��...,,�.,.,t,.��..�..__..
Kirsten Squarcia
Deputy City Clerk
cc: Community Development
City Attorney
Kings Mill Group Arc Tec Inc. 19900 Stevens Creek Blvd,
Keith Fichtner Jeff Oparowski LLC.
6068 Kuzgsmill Terrace 99 Almaden Blvd #840 800 6�}�St Floor 6 ',
Dublul, CA 94568 San Jose,CA 95113 Los Angeles, CA 90017
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RESOLUTION N0. 17-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
TO DENY AUTHORIZING A PROSPECTIVE DEVELOPMENT PROPOSAL
TO PROCEED AS A GENERAL PLAN AMENDMENT APPLICATION
PROTECT DESCRIPTION
Application No: GPAauth-2017-01
Applicant: Keith Fichtner (Kings Mill Group)
Location: 19900 Stevens Creek Boulevard.
WHEREAS, on September 15, 2015, the City Council adopted procedures for considering future
General Plan amendments, including to review prospective applications twice a year and
decide which are authorized to proceed as a General Plan Amendment application; and
WHEREAS, the City Council decision to authorize one or more applicants to proceed with a
General Plan amendment application, does not in any way presume approval of any proposed
amendment or project; and
WHEREAS, the City received one application by November 14, 2016, the deadline to be
considered in the 2017 first cycle of the General Plan Amendment application review process;
and
WHEREAS, on February 21, 2017, the City Council held a public hearing to consider said
General Plan Amendment authorization applications;and
WHEREAS, the proposed Resolution is not a project within t11e meaning of section 15378 of the
California Envirorimental Quality Act ("CEQA") Guidelines because it has no potential for
resulting in physical change in the environment, either directly or ultimately. In the event that
this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have
no possibility of a significant effect on the environment; and
WHEREAS, the City Council has adopted criteria for determining whether an application will
be authorized for processing as follows:
a. General P1�1 goals achieved by the proposed project, including, but not limited to, the
following:
(i) Site and architectural design and neighborhood compatibility;
tuHr�- /9,:1
Resolution No. 17-020 March 7,2017
Page 2
(ii) Brief description of net fiscal impacts (sales tax, transient occupancy tax or other
revenue provided by the project), including the extent to which the project would '
diversify the City's economic base; ;
(iii)The provision of affordable housing; and
(iv)Environmental Sustainability.
b. General Plan amendt�lents (and any other zoning amendments or variances) requested.
c. Proposed voluntary commui�ity amenities, defined as (i) scllool resources, �Il� pU�")I1C '
open space, such as parks and trails, (iii) public facilities and utilities, such as library,
cominunity center or utility systems and (iv) Transportation facilities with an emphasis
on city-wide bicycle, pedestrian and tra�lsit improvements, such as community shuttles,
pedestrian and bicycle bridges, and transit centers/stations
d. Staff time and resources required to process the project.
NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of maps, facts, exhibits, ,
testimony, staff reports, public comments, and other evidence subrnitted in tllis matter, the City '
Council af the City of Cupertulo has determined that tlze following proposal is not authorized '
to proceed as General Plan Amendment applications based on the criteria shown in Exhibit A: '
Scandinavian Furniture Site — 19900 Stevens Creek Boulevard — an application to
incorporate 1,790 sq. ft. of existing outdoor arcade area into the existing 26,239 sq. ft.
retail space on site and convert it to either an incubator office or medical office use '
totaling 28,029 sq. ft. '
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the ';
7t1i day of March 2017,by the following roll call vote:
Vote: Members of the City Council:
AYES: Mayor Vaidhyanathat�,Vice Mayor Paul, Chang, Sinks, Scharf
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/Grace Schmidt /s/Savita Vaidhyanathan
Grace Schmidt Savita Vaidhyanathan
City Clerk Mayor, City of Cupertulo
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