CC Ordinance No. 17-2166 Approving Amendments to the Zoning Map to Correct Inconsistencies between the City of Cupertino's Records and Certain Map Designations as Shown in Exhibit AORDINANCE NO. 17-2166
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AMENDMENTS TO THE ZONING MAP TO CORRECT
INCONSISTENCIES BETWEEN THE CITY OF CUPERTINO'S RECORDS
AND CERTAIN MAP DESIGNATIONS AS SHOWN IN EXHIBIT A
WHEREAS, corrections are necessary because the General Plan land use map and zoning map
must be internally consistent and changes to the zoning map are made by a separate ordinance
of the City Council; and
WHEREAS, the proposed amendments to the zoning map will correct inaccuracies and will not
add development capacity or result in a change of land use, development rights, or regulations
for any of the affected parcels; and
WHEREAS, the proposed amendments to the zoning map are exempt from the requirements of
the California Environmental Quality Act (CEQA) because "it can be seen with a certainty that
there is no possibility that the activity in question may have a significant effect on the
environment," and are, therefore, not subject to CEQA (CEQA Guidelines§ 15061(b)(3)); and
WHEREAS, the necessary public notices have been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission held a
public hearing on August 8, 2017 to consider the proposed amendments and the City Council
held a public hearing on September 5, 2017 to consider the proposed amendments .
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the facts , exhibits, testimony and other evidence submitted in
this matter, the City Council based upon the findings described above, the public hearing record
and the Minutes of Planning Commission Meeting of August 8, 2017:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council, having considered the evidence received at the public
hearing duly noticed and held for said proposed amendments, finds that in accordance with
Cupertino Municipal Code Chapter 19.152.020 (Amendments to the Zoning Maps and Zoning
Regulations), the Approval Body may approve of an application to change the district
boundaries, if it finds all of the following:
1. That the proposed zoning is in accord with this title of the Municipal Code and the City's
Comprehensive General Plan.
Ordinance No. 17-2166
Page2
Parcels #1-8 are public facilities or public parks and open spaces. The requested corrections align the general
plan land use with the internally correct zoning of either BA (public buildings) or PR (parks and
recreation).
Parcel #9 (-14,578 sq.ft. and -54 feet wide) was originally offered and accepted as a public roadway
easement to the City for future development in the area of the Diocese/Oak Valley. However, this easement
was formally vacated in 1999 through City Council Resolution 99-072, because during development of the
Oak Valley neighborhood, Oak Valley Road was located approximately 500 feet to the south instead of in
the area of the easement. Once vacated, the land use designation of the easement should have been changed
to Quasi-public/Institutional; the zoning remained "Planned Development with Institutional uses"
(P(Institutional)) to match the zoning of the Forum. Research on this parcel indicates that the land use
designation of the parcel was changed to Parks and Open Space during the 2005 General Plan update .
During the 2014 General Plan update, the parcel was rezoned to Park and Recreation (PR) for consistenctJ
with the land use designation from 2005 and the existing parcel data which erroneously listed City of
Cupertino as the owner. The current change in the land use and zoning designations is proposed to correct
the City's past erroneous and/or incomplete actions .
Parcel #10 is a portion of properhJ offered for dedication to, and accepted by, the City for open space
purposes . However, this was not reflected in the City's zoning maps .
Parcel #11 is a privately-owned, single-family residential parcel. The northeast corner of the subject parcel
was once a surplus City-owned parcel that was eventually sold to the adjacent property owner of 10500
Castine Avenue. The transaction to merge the parcels into one single-family residential lot occurred in
2016. However, the land use designation needs to be updated to reflect this transaction.
The total effect of making these revisions does not add development capacity for any of the parcels .
2. The proposed zoning is in compliance with the provisions of the California Environmental
Quality Act (CEQA).
The proposed amendments to the Zoning Maps will correct inaccuracies in these maps and will not add
development capacity or result in a change of land use, development rights, or regulations for any of the
affected parcels. Therefore, the proposed amendments are exempt from the requirements of the California
Environmental Quality Act (CEQA) because "it can be seen with a certainty that there is no possibility
that the activity in question may have a significant effect on the environment" and are, therefore, not subject
to CEQA (CEQA Guidelines § 15061(b)(3).)
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).
Ordinance No. 17-2166
Page 3
Parcels #1-8 are public facilities or public parks and open spaces. The requested corrections align the general
plan land use with the internally correct zoning of either BA (public buildings) or PR (parks and
recreation).
Parcel #9 (-14,578 sqft. and -54 feet wide) was originally offered and accepted as a public roadway
easement to the City for future development in the area of the Diocese/Oak Valley . However , this easement
was formally vacated in 1999, because during development of the Oak Valley neighborhood, Oak Valley
Road was located approximately 500 feet to the south instead of in the area of the easement . Once vacated,
the land use designation of the easement was changed to Quasi-public/Institutional and was zoned
"Planned Development with Institutional uses" (P(Institutional)) to match the zoning of the Forum .
However, during the last General Plan Update in 2014, as a result of inaccurate data from the CounhJ
Assessor's records , which reflected this parcel to be owned by the City, the land use and zoning
designations, were incorrectly changed to Parks and Open Space and PR. The current change in the land
use and zoning designations is proposed to correct the City's past erroneous action.
Parcel #10 is a portion of property offered for dedication to, and accepted by, the City for open space
purposes . However, this was not reflected in the City's general plan land use or zoning maps.
Parcel #11 is a privately-owned, single-family residential parcel. The northeast corner of the subject parcel
was once a surplus City-owned parcel that was eventually sold to the adjacent property owner of 10500
Castine Avenue. The transaction to merge the parcels into one single family residential lot occurred in
2016 . However, the land use designation needs to be updated to reflect this transaction.
The total effect of making these revisions does not add development capacity for any of the parcels.
4. The proposed zoning will promote orderly development of the City .
As a result of responding to public inquiries, along with city actions over the years, Planning staff have
identified parcels for which the general plan land use designation and zoning is not internally consistent
or correct or has not been updated to correlate with known city actions , such as resolutions, ordinances ,
recorded tract maps , purchases and agreements. Corrections assure internal consistency and provide for
orderly development by assuring that maps are accurate and, in a timely manner, reflect city actions that
have already occurred.
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.
There is no increase in development capacity and therefore is not detrimental to the health, safety, peace,
morals and general welfare of persons residing or working in the neighborhood of subject parcels.
Section 3 . This Ordinance shall be effective thirty (30) days following its adoption.
Ordinance No. 17-2166
Page4
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 5th day of
September 2017, and ENACTED at a regular meeting of the City Council of the City of Cupertino
this 19th day of September, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paul, Chang, Scharf, Sinks
None
None
None
APPROVED:
~(it ~~ U,.),1£~
Savita Vaidhyanathan~t1"
Mayor, City of Cupertino
Grace Schmidt
City Clerk
Current
-~a_p _~_!_y _l APN flot _sq._ ft . fG~ne ra l Pliilln Liillnd Use (GPLU) Zoning
l 1326 49 034 I 39,332 I Public Facilities Rl-10
32649035 39,332 fPubHcFacllltles Rl·lO
32649039 6,875 !Public Facilities Rl-10
357 07 029 161,168 !Parks and Open Space Rl-7.5
35706014 138,888 !Parks and Open Space Rl-10
35706019 105,636 !Parks and Open Space Rl-7.5
326 27030 28,600 !Pa rk s and Open Space P(RlC)
35709053 223,898 (Verv Low Densit_y (l/2_acre slope density) PR
342 52006 14,578 !Pa rks and Open Space PR
10 1342 48 999 Verv Low Density (1 /2 acre slope density) P(Rl)0-2))
11 1326 41115 9,516 IPublic Facilities Rl-10
• Th e corrected designation Is highli ghted in gray
Generiill l Pl iill n Liillnd Use (GPLU)
Public FacilJties
Public Facili ti es
Public Facilities
_Parks and O_pen Space
P~rks _ji_~_()P..!!!_~Pac~
f_~rk s and Open Space
Pa rk s and Open Space
Parks and Open Space
Quasi-pubti~utional
Parks and Open Space
Corrected•
Zonin1
BA
BA
BA
PR
PR
PR
PR
PR
P (Institutional)
PR
l ow Density Residential (l·S dwelli ~Rl-10
Zoning abbreviations key:
BA: Public building
BQ: Quasi-public building
OS/PR: Open space/Public park/recreational zone
P: Planned deve lopment
Rl: Si ngle family resi dential
owner
PG&E
PG&E
PG&E
City or Cu pertino (open space)
City of Cupertino (McClellan Ranch)
scvwo
City or Cupertino (Marv Ave . Dog Park)
City or Cu pertino
Roman Ca tholic Bisho.e_ of SJ
Ci ty of Cupertino
Private owner
Exhibit A of Ordinance 17-2166
City iillcti o n/public record
TractMap4735
Tra ct Map4735
Tract Map4735
Tract Mai, 5873; City Counci l reso. 4307
City Councll reso. 823; Santa Cla ra County Assessor's data
City Council reso. 823; Sa nta Clara Co unty Assessor's data
City Council reso. 13-~12; ord . 13·2104
City Councll reso. 99-186 purchased Stocklm eir farm In 1999
City Council res~. 99-072 v_acat_~d ~~adway easement in 1999
_Tract Map 6190
City Council reso. 12·008; Gra nt deed document lt23244980
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M c c I e I I a n .R d ~
ST ATE OF CALIFORNIA )
COUNTY OF SANTA CLARA . )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 17 -2166, which was
enacted on September 19 , 2017 , and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 21 st day of September, 2017.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California