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CC Resolution No. 14-213 Approving Specific Plan Amendments to the Heart of the City Specific Plan, SPA-2014-01 RESOLUTION NO. 14-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING SPECIFIC PLAN AMENDMENTS TO THE HEART OF THE CITY SPECIFIC PLAN SECTION I:PROJECT DESCRIPTION Application No: SPA-2014-01 Applicant: City of Cupertino Location: Within the Heart of the City Specific Plan boundaries SECTION II: ENVIRONMENTAL REVIEW PROCESS WHEREAS pursuant to City Council direction to initiate a project to replenish, reallocate and increase citywide development allocations in order to plan for anticipated future development activity while keeping with the community's character, goals, and objectives and to consolidate development requests by several property owners for amendments to the General Plan,under a comprehensive community vision, and WHEREAS, pursuant to State Housing Law, the City Council has directed staff to update the Housing Element of the General Plan and make associated zoning amendments to comply with State Law; and WHEREAS, prior to the Council's consideration of this Specific Plan amendment, the Council adopted Resolution No. 14-211, adopting a General Plan Amendment covering the properties which are the subject of this Specific Plan amendment;and WHEREAS, this Specific Plan amendment will make the Heart of the City Specific Plan consistent with the City's General Plan land use map,proposed uses and surrounding uses; and WHEREAS, the Specific Plan amendment application is part of the General Plan Amendment, Housing Element Update and Associate Rezoning, all as fully described and analyzed in the June 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report ("Draft EIR") (State Clearinghouse No. 2014032007), as amended by text revisions in the August 2014 General Plan Amendment, Housing Element Update and Associated Rezoning Project EIR Response to Comments Document ("Response to Comments Document") and the Supplemental Text Revisions(together,the "Final EIR"); WHEREAS, the Final EIR was presented to the Planning Commission on September 9, 2014 at a Planning Commission Study Session; and WHEREAS, the Final EIR was presented to the, City Council on October 7, 2014 at a City Council Study Session;and WHEREAS, the necessary public notices have been given as required by the procedural ordinances of the City of Cupertino and the Government Code, and the Planning Commission held public hearings on October 14,2014 and October 20, 2014 to consider the project; and Resolution No. 14-213 Page 2 WHEREAS, on October 20, 2014, the Planning Commission recommended on a 4-0-1 (Takahashi absent) vote that the City Council certify that the Final EIR has been completed in compliance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and- reflects the independent judgment and analysis of the City, adopt the Findings and Statement of Overriding Considerations, adopt the Mitigation Measures, and adopt the Mitigation Monitoring and Reporting Program, in substantially similar form to the Resolution presented (Resolution no. 6760); adopt the General Plan Amendment(GPA-2013-01) (Resolution no. 6761); authorize staff to forward the Draft Housing Element to the State Department of Housing and Community Development for review (GPA-2013-02); approve the prioritized list of potential Housing Element sites in the event amendments are needed to the proposed Housing Element sites upon HCD review (Resolution no. 6762); approve the Zoning Map Amendments, Z-2013- 03, in substantially similar form to the Resolution presented (Resolution no. 6763); approve the Municipal Code Amendments to make changes to conform to the General Plan and Housing Element and other clean up text edits (MCA-2014-01) (Resolution no. 6764); approve the Specific Plan Amendments, SPA-2014-01, in substantially similar form to the Resolution presented (Resolution no. 6765); and WHEREAS, on November 10,2014,public comment was collected on the project; WHEREAS, on December 2, 2014, the City Council held a duly noticed public hearing that was continued to December 3, 2014 and adjourned on December 4, 2014 to consider the amendments to the Specific Plan; and WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; WHEREAS, prior to taking action on' this Resolution, the City Council has exercised its independent judgment in carefully considering the information in the Final EIR and finds that these Specific Plan amendments fall within the scope of the certified Final EIR, in that all amendments proposed in this Resolution that have the potential.for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment have been examined in the Final EIR and therefore, no recirculation of the Final EIR is required; and WHEREAS, after consideration of evidence contained in the entire administrative record, at a duly noticed public hearing commencing on December 2, and continuing on December 3 and December 4, 2014, the City Council adopted Resolution No. 14-210 certifying the Final EIR, adopting Findings and a Statement of Overriding Considerations, adopting Mitigation Measures, and adopting a Mitigation Monitoring and Reporting Program. NOW THEREFORE: After careful consideration of the,maps,facts,exhibits, testimony and other evidence submitted in this matter,the City Council finds: Resolution No. 14-213 Page 3 1. That the amendment to the Heart of the City Specific Plan is consistent with the intent of the goals and policies of the General Plan as a whole, and is not inconsistent with any element thereof; 2. That the amendment to the Heart of the City Specific Plan is necessary to prescribe reasonable controls and standards for affected land uses to insure compatibility and integrity of those uses with other established uses; 3. That the amendment to the Heart of the City Specific Plan is necessary to provide reasonable property development rights while protecting environmentally sensitive land uses and species; I 4. That the amendment to the Heart of the City Specific Plan is necessary to correct discrepancies in standards or policies within the plan area or land use category; and 5. That the amendment to the Heart of the City Specific Plan is necessary to protect the general health, safety, or general welfare of the community as a whole. NOW, THEREFORE,BE IT RESOLVED: 1. Section 1.01.020.B of the Heart of the City Specific Plan is amended to read: "Residential density shall be per the General Plan Land Use and zoning maps.If a If a site is listed as a Priority Housing Site in the City's adopted Housing Element of the General Plan, then residential development that does not exceed the number of units designated for the site in.the Housing Element shall be a permitted use. Residential development on sites not designated as Priority Housing Sites in the City's adopted Housing Element of the General Plan and residential development on a Priority Housing Site that exceeds the number of units designated for that Priority Housing Site shall be a conditional use. For sites which require a specific plan prior to development approval, the permitted and conditional uses shall be as shown in the specific plan. In mixed residential and commercial developments, the preferred location for residential units shall be behind primary street fronting retail/commercial uses. Secondarily, residential units may be located above the ground level on multi-story buildings. The amount of building space devoted to retail/commercial uses shall be such that the retail/commercial uses shall have a viable and substantial retail component."; and 2. Section 1.01.030(A)(2) of the Heart of the City Specific Plan is amended to read: The primary bulk of the building shall be maintained on building planes as required in the General Plan. 3. Heart of the City Specific Plan Land Use Map is amended as shown in Exhibit SPA-1. 4. Heart of the City Zoning Map is amended as shown in Exhibit SPA-2. Resolution No. 14-213 Page 4 PASSED AND ADOPTED at a meeting of the City Council of the City of Cupertino this 4th day of December 2014,by the following vote: Vote: Members of the City Council: AYES: Sinks, Chang, Paul, Vaidhyanathan,Wong NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino L EXHIBIT SPA-1 S J 111JUARonK nR < asaorA cnn:tAl a p � m Z UZANTfi noJe FTMFST AVE Aaxnsiu Recreadon Node C ta: i g - � rvNaa = Oaks North Crims cads Node GeicII•q)' EAST WEST CROSSROADS STEVENS CREEK BLVD CENTRAL i--isarhAmu _ �—�- ISI•�GI� _ r 85 Civic Cenm •"xl 1iV `ii Node Iii Y'A lnl \III II.It AG YII GII\'IR IN A I Legend QHeart of the City Specific Plan Area Boundary Q West ®South De Anza Boulevard Conceptual Plan Area De Anza Node I South De Anza Boulevard Special Area' Recreation Node City Center Sub-Area Oaks Gateway •Properises\lith fmntagc cacluxicely on South 1X Anza Brwlecard(not IncluJing City Cmtar north) Civic Center Node CfO55fOad5 are nut requtreJ to install i(cart of the City s1-1—p.lealure+.for thc.e properties.the setback shall Ise-it, taut with the South Ih Anza IiGmlecarJ Crmceptual Plan City Center Node North Crossroads Node ®South Vallco Master Plan 0 0.25 0.5 Miles City of Cupertino . on � n a — Heart of Cit S ecial Area vp CUPERTINO 1 f.F': :. ' r * � � M4..r.RDIN � � � � � GREEKEAf caEe�a�r g 4 1AiORU 04 7� p CiiEfli)lA OR C. � � � � � � � � � ..�AEf,S7 a � a T1AIfA tT � C� 1➢ � ` < c,.a�o QfXTEP Dp z J s . .. ..i.. . I 4 tt � ; �, m. . i � s x a ..��,..N.•.::afEMB,_ . IAy � iti � �GAOM CT OR 4f�E11l.EAi DR� � � � QR �i � L7 �A / _ � `�`"'� `�` Partial area for �t� � a � s �P . .., :lirC.r � �.0�.'" �s.r:�,. � South De Anza Conceptual Plan O z ENRUWs AvE i WfliMd M'E � Y _�. .. .� �. { i .. " - ':4�.' .. .. ._, ..... >�1t'viG'..'.ra 'iy `�., a U . < . � .y4 ..�,� y� a�j � � � � � ,� O y�1 Z ` `Y F i i �� O '4181MiN U / ►4MYRp1I Q Oq ,/: p �EipilTTOl1 ( > >. , � �`�� r � � "�: APDI.E TREE lN . a �MERRIYTtp ��K: ---.��:�b+ `\� BRVwOOD m. ..�q ,`,•. O 1 Sf. '�� g � � _ � � � � � � � � � :��' � �u � � . W � � i PE'R�1EA , . W �N � ... 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Y - � LEGEND � -Heart of the City Specific Plan Area �OA/OP -Office/Planned Office Q A1 -Agricultural Residential �OS/PR -Open Space/Public Park/Recreational Zone � BA -Public Building �R� -Single Family Residential � BQ -Quasi-Public Building � R1 C -Single Farnily Residential Cluster °' CG -General Commercial � R2 -Residential Duplex � ML -Light Industrial R3 -Multiple Family Residential � MP -Planned Industrial Zone �RHS -Residential Hitlside � P -Mixed Use Planned Development �T -Transportation EXHIBIT SPA-2 � , Q �u�� Q � - � � Q �' n • � �BAiOWiI+ !. �. ¢` � LOLETTE W ♦� tOqEf�vE t� � � f � A1URIf14M . . < � < 7j i �MC�„ °" %` �ic � . - - Q o � .: � 7ASOM 4vk .. ,