CC Resolution No. 17-080 Denying Authorization of Westport Cupertino (Oaks Shopping Center) Development Proposal to Proceed with a General Plan Amendment Application During the 2017 Second Year CycleRESOLUTION NO. 17-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DENYING AUTHORIZATION OF WESTPORT CUPERTINO (OAKS SHOPPING
CENTER) DEVELOPMENT PROPOSAL TO PROCEED WITH A GENERAL PLAN
AMENDMENT APPLICATION DURING THE 2017 SECOND YEAR CYCLE
PROTECT DESCRIPTION
Application No: GPAauth-2017-02
Applicant: KT Urban
Location:
APN(s):
21267 Stevens Creek Blvd.
326-27-039, -040 and -041
WHEREAS, on September 1, 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 with a General Plan Amendment
application (Resolution no. 15-078); and
WHEREAS, the Council criteria for determining whether an application will be
authorized for proce ssing is as follows:
a. General Plan goals achieved by the proposed project, including, but not limited to,
the following:
(i) Site and architectural design and neighborhood compatibility;
(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 amendments (and any other zoning amendments or variances)
requested .
c. Proposed voluntary community amenities, defined as (i) school resources, (ii)
public open space, such as parks and trails, (iii) public facilities and utilities, such
as library, community center or utility systems and (iv) Transportation facilities
with <:1-n emphasis on dty-wide bicycle, pedestrian and transit improvements,
such as cbmmunigr shuttles, pedestrian and bicycle bridges, and transit
centers/stations
d. Staff time and resources r e quired to process the project; and
Resolution No . 17-080
Page 2
WHEREAS, the City Council initial decision to authorize an applicant to proceed with a
General Plan Amendment application, does not in any way presume approval of the
proposed amendment or project. Said decision only authorizes staff to process the
Application; and
WHEREAS, the City received the subject Application by May 15, 2017, the deadline to be
considered in the 2017 second cycle of the General Plan Amendment application review
process; and
WHEREAS, on August 1, 2017, the City Council held a public hearing, and after closing
the public hearing considered whether to allow the applicant to proceed with the General
Plan Amendment application based on the relevant criteria; and
WHEREAS, this Resolution is not a project within the meaning of section 15378 of the
California Environmental 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;
NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of relevant
criteria, maps, facts, exhibits, testimony, staff reports, public comments, and other
evidence submitted in this matter, the City Council of the City of Cupertino hereby
DENIES authorization for the subject Application to proceed with a General Plan
Amendment application.
PASS ED AND ADOPTED at a Regular Meeting of the City Council of the City of
Cupertino the 15th day of August 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Members of the City Council:
Vaidhyanathan, Paul, Scharf, Sinks
Chang
None
None
Grace Schmidt
City Clerk
Savita Vaidhyanatha
Mayor, City of Cupertino