PC Reso 6864MCA -2018-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6864
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF MUNICIPAL CODE
AMENDMENTS TO ALLOW ADOPTION AND IMPLEMENTATION OF THE
VALLCO TOWN CENTER SPECIFIC PLAN
Based on the entirety of the record, the Planning Commission recommends that the City
Council adopt an ordinance approving Municipal Code Amendments to the City of
Cupertino Municipal Code with the findings reflected in the Draft Ordinance attached
hereto as Exhibit MCA.
PASSED AND ADOPTED this 4th day of September 2018, at a Special Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS: Chair Paulsen, Vice Chair Takahashi, Fung, Sun, Liu
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST:
Aw-
Aard Shrivastava
Assistant City Manager
APPROVED:
Geoff Pu'lslen
Chair, Planning Commission
ORDINANCE NO. 18 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING THE MUNICIPAL CODE TO ALLOW
ADOPTION AND IMPLEMENTATION OF VALLCO TOWN
CENTER SPECIFIC PLAN
SECTION I: PROTECT DESCRIPTION
Application No: MCA -2018-01
Applicant: City of Cupertino
Location: 10101 to 10333 N Wolfe Rd
APN#s: 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105,
316-20-106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099,
316-20-100, 316-20-095
SECTION Il: RECITALS
WHEREAS, the Housing Element of the Cupertino General Plan identifies the Vallco
Special Area as being appropriate to accommodate at least 389 dwelling units to be
developed pursuant to a specific plan for the Vallco Special Area; and
WHEREAS, the Vallco Special Area Specific Plan has been developed pursuant to City
Council direction to initiate a project to prepare a specific plan for the Vallco Special Area,
including any required changes to the adopted goals and objectives for the Special Area,
in order to implement the Housing Element of the Cupertino General Plan and to plan
for anticipated future development activity; and
WHEREAS, pursuant to the City Council direction to conduct extensive public outreach
the City conducted multiple forms of public outreach including 14 small group
Interviews, eight presentations, five open studio times, three brown bags, three EIR
public comment meetings, three open houses, two student/youth outreach sessions, one
online civic engagement survey, one Fine Arts Commission check-in/update, one
Housing Commission check-in/update, one Parks & Recreation Commission check-
in/update, one Teen Commission check-in/update, one Economic Development
Committee check-in/update, one Block Leader Group check-in/update; and
WHEREAS, these Municipal Code Amendments to allow adoption of the Vallco Town
Center Specific Plan are part of the Vallco Special Area Specific Plan, all as fully described
and analyzed in the May 2018 Vallco Special Area Specific Plan Environmental Impact
Report ("Draft EIR") (State Clearinghouse No. 2018022021), as amended by the July 2018
Vallco Special Area Specific Plan Environmental Impact Report Amendment ("EIR
Amendment") and by text revisions in the August 2018 Vallco Special Area Specific Plan
-2-
Final EIR document which contains Response to Comments to the Draft EIR and the EIR
Amendment, and the August 2018 Supplemental Text Revisions to the Vallco Special
Area Specific Plan Final Environmental Impact Report; (together, the "Final EIR"); and
WHEREAS, the Final EIR was presented to the Environmental Review Committee
("ERC") for review and recommendation on August 31, 2018, and after considering the
Final EIR, and Staff's presentation, the ERC recommended that the City Council certify
the EIR; and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission
held a public hearing on September 4, 2018 to consider the Municipal Code Amendments;
and
WHEREAS, based on substantial evidence in the administrative record, on September 4,
2018 the Planning Commission recommended 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, and
implement all of the mitigation measures for the Project that are within the responsibility
and jurisdiction of the City that are identified in Findings, in substantially similar form
to the Resolution presented (Resolution No. XXXX); and
WHEREAS, on September 4, 2018, the Planning Commission recommended on a X -X vote
that the City Council adopt the Municipal Code Amendments, in substantially similar
form to the Resolution presented (Resolution no. ); and
WHEREAS, following a duly noticed public hearing on September 18, 2018, and prior to
the Council's consideration of the Municipal Code Amendments, the Council adopted:
Resolution No. XXX, approving a General Plan Amendment to Development Allocations,
the General Plan Land Use Map and development standards related to the Vallco Special
Area, Resolution No. XXX, adopting the Vallco Town Center Specific Plan, and
Ordinance No. XXX approving the rezoning of the parcels within the Vallco Town Center
Specific Plan.; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public
health, safety, convenience, and general welfare, and the amendment herein are
necessary to implement the Vallco Town Center Specific Plan as adopted; and
WHEREAS, on September 18, 2018 and October _, 2018, upon due notice, the City
Council has held at least two public hearings to consider the Municipal Code
Amendments; and;
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
-3-
WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its
independent judgment in carefully considering the information in the Final EIR and finds
that the scope of this Ordinance falls within the certified Final EIR, in that the aspects of
the Rezoning proposed in this Ordinance 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 the public hearing on September 18, 2018, the City Council adopted Resolution No.
[####] certifying the Final EIR, adopting Findings and a Statement of Overriding
Considerations, adopting Mitigation Measures, and adopting a Mitigation Monitoring
and Reporting Program.
SECTION III
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 adopts the Rezoning based upon the findings
described above, the public hearing record and the Minutes of Planning Commission
Meeting of September 4, 2018, and subject to the conditions specified below:
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 finds the following as set forth by Municipal Code
19.152.020.0
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the
City's Comprehensive General Plan (Community Vision 2040) and the proposed
amendments are internally consistent with Title 19 of the Municipal Code.
The Housing Element of the General Plan calls for the City to enact a specific plan to permit at
least 389 dwelling units in the Vallco Special Area. The General Plan Amendment modifies the
Land Use Element of the General Plan to designate late and define development standards that are
consistent with the level of development contemplated in the Vallco Town Center Specific Plan.
The proposed municipal code amendments would incorporate the Vallco Town Center Specific
Plan into Title 19 of the Municipal Code to implement the General Plan and the Vallco Town
Center Specific Plan, and therefore the proposed zoning regulations are consistent with the
General Plan and other relevant portions of the Municipal Code.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
-4-
As set forth above, the City examined the environmental effects of the Project, including the zoning
amendments adopted herein, in an Environmental Impact Report (EIR) prepared in accordance
with the California Environmental Quality Act. On September 18, 2018, the City Council
adopted Resolution no. to certify that the Final Environmental Impact Report ("Final EIR")
for the Project; and adopting CEQA Findings, a Statement of Overriding Considerations,
Mitigation Measures, and a Mitigation Monitoring and Reporting Program, which Resolution
together with the EIR is incorporated herein by reference. The significant environmental effects of the
project have been fully analyzed and disclosed in compliance with CEQA. All mitigation measures
identified in the Final EIR have been adopted and incorporated into the project to reduce the
impacts of new development to the extent feasible. Therefore, the proposed zoning complies with
the provisions of CEQA.
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).
The sites being rezoned have access to utilities and are compatible with adjoining land uses. To the
extent that there are deficient utilities, the City has adopted mitigation measures to ensure that
any future development would need to provide the appropriate utilities to accommodate the
development. In addition, in connection with the Vallco Town Center Specific Plan process, the
site has been analyzed thoroughly to ensure that the site would not constrain future development
proposed under this zoning designation. The proposed zoning would implement the Vallco Town
Center Specific Plan, which includes development standards to require appropriate transitions
from adjoining land uses.
4. The proposed zoning will promote orderly development of the City.
The sites being rezoned will promote orderly development in the City by allowing a critical mass
of development to be proposed along the City's Priority Development Area (PDA) in which future
development is anticipated. This would also allow the easier applicability of zoning regulations
adopted under the Vallco Town Center Specific Plan.
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.
The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes that are necessary to implement adopted changes in the Land
Use Element of the City's General Plan. Additionally, where health or safety impacts have been
identified in the Project's EIR, mitigation measures have been identified which would be applicable
to any development on these sites.
Section 3. The City Council approves the following:
-5-
1. That Section 19.16.010 of the Municipal Code, be amended as shown below:
19.16.010 Zoning Districts Designated.
A. The several classes of general districts into which the City is divided are
designated fella s identified in Table 19.16.010A below:
Table 19.16.010A: Zoning Districts
(NO CHANGE TO TABLE)
Zoning Map Designation and District Name
Chapter Number
A Agricultural Zone
19.24
A-1 Agricultural -Residential Zone
19.24
R-1 Single -Family Residential Zone
19.28
R-2 Residential Duplex District
19.32
R-3 Multi -Family Residential Zone
19.36
RHS Residential Hillside District
19.40
R1C Residential Single -Family Cluster Zone
19.44
P Planned Development Zone
19.80
CG General Commercial Zone
19.60
ML Light Industrial Zone
19.72
BA Public Building Zone
19.76
T Transportation Zone
19.76
BQ Quasi Public Building Zone
19.76
PR Park and Recreation Zone
19.92
FP Private Recreation District
19.96
O -A Administrative and Professional Office District
19.68
OP Planned Office
19.68
MP Industrial Park
19.72
OS Open Space
19.88
B. In addition to the zones identified in Table 19.16.010A, the City may establish
be separate zoning districts in individual specific plans adopted to promote the
orderly development of the plan area. These zoning districts are identified in
Table 19.16.010B below:
Table 19.16.010B: Specific Plan Districts
Zoning Map Designation
Specific Plan Name
Heart of the City
Heart of the City
VTC Vallco Town Center
Vallco Town Center
KIM
Land uses and development standards within a specific plan zone shall be as
prescribed in the specific plan.
C. All notations, references, and other information shown in the above -
referenced specific plans are incorporated by reference and shall be deemed as
much a part of this Title 19 as if the matter and information set forth in the plan
were fully described in this chapter. All terms not otherwise defined in a specific
plan shall have the meaning set forth in this Title 19. Notwithstanding the
provisions or standards set forth in this Title 19, individual specific plans may
establish additional or separate provisions and standards for said plan area,
including without limitation, standards for: regulating physical development,
granting greater density bonuses than otherwise required, requiringbelow
elow
market rate housing production, and processing of subsequent applications. In
the event of a conflict between the terms, conditions, requirements, policies, or
other provisions of a specific plan and this Title 19, the specific plan shall take
precedence.
2. That Section 19.12.030 of the Municipal Code, be amended as shown below:
19.12.030 Approval Authority.
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date
and Extension Dates for different types of Permits.
-7-
Table 19.12.030 - Approval Authority
Public
Hearing/
Design
Noticing/
Posted
Type of Permit or
Administrative
Planning
City
Public
Expiration
Chapter/
Review
Noticin g
Site
Decision A, E
Review
Commission
Council
Meeting/
Date E
Findings
Committee
Radius
Notice
Comment
Period
General Plan Amendment
Major F
-
I - I
R
I F I
PH I
CA. Govt.
Yes
I -
Code
CA. Govt.
Code 65350-
Minor G
-
-
R
F
PH
65350-
yes
65362
65362
Zoning Map Amendments
Major F
-
-
R
I F I
PH
CA. Govt.
Code
Yes
-
19.152.020
Minor c
-
-
R
F
PH
65853-
Yes
-
65857
CA. Govt.
Zoning Text
Code
R
F
PH
_
_
19.152.030
Amendments
65853-
65857
CA. Govt.
Code
Specific Plans
-
-
R
F
PH
-
-
20.04.030
65350-
65362
Development
CA. Govt.
-
R
F
PH
Yes
-
19.144.120
Agreements
Code 65867
Table 19.12.030 - Approval Authority
Public
Hearing/
Design
Noticing/
Posted
Type of Permit or
Administrative
Planning
City
Public
Expiration
Chapter/
Review
Noticing
g
Site
Decision A, s
Review
Commission
Council
Meeting/
Date E
Findings
Committee
Radius
Notice
Comment
Period
Development Permits
Major F, H
- I
- I
F/R
I A'/F I
PM
19.12.110/
300'
Yes
I 2 years
19.156.050
Minor G
F I
- I
A'
I A' I
PM
Yes
I 2 years
Conditional Use Permits
Major F, H, I
F I.
- I.
Al/F/R
I Ali A,
PH II
CA. Govt.
Code 659051
Yes
2 Y ears
19.156.050
Minor c, I
F I
- I
A'/F/R
I A'/ A'/F
PH I
Yes 1I
2 years
Temporary
F
-
A'
A'
-
None
No
1 year
None
19.160.030
Based on
Density Bonus
(Residential)
R
F
concurrent
19.52
application
Adult -Oriented
CA. Govt.
19.128.030
Commercial
-
R
F
PH
Code
Yes
2 years
&
Activity (CUP)
65905/300'
19.128.040
Architectural and
Site Approval
Major J F
I A'
A'
PM 11
19.12.110/ I
Adjacent
Yes11
2 years
19.168.030
Minor K F
- A'
A'
PM
Yes
2 years
Amendment
Major E, H
- I
- I
F
I Al
Varies L
Depends on Yes
2 years
19.44,
-9-
Table 19.12.030 - Approval Authority
Public
Hearing/
Design
Noticing/
Posted
Type of Permit or
Administrative
Planning
City
Public
Expiration
Chapter/
Review
Noticing
g
Site
Decision A, s
Review
Commission
Council
Meeting/
Date E
Findings
Committee
Radius
Notice
Comment
Period
permit
19.144,
Minor c
F
-
Al
Az
Varies L
being
Yes
2 years
19.156,
amended L
19.164
Minor
Modification
F
-
Al
A2
-
None
No
2 years
19.164
Hillside
Exception/
Height
19.12.110/
19.40.080,
Exception/ Heart
F
Al
PH
300'
Yes
2 years
19.24.070,
of the City
19.136.090
Exception I
CA. Govt.
Variance
F
-
A'
A'
PH
Code 65905
Yes
2 years
11
19.156.060
Status of non-
conforming Use
F
Al
PH
19.12.110/
300'
Yes
-
19.140.110
Wireless
F
-
F/ A'
A2
Varies I
Depends on
application
PP
Yes
2 ears
y
19.136.090
Antennas I
type
Signs
Permits F
- A' IF
A'11
- None
No 1 year
19.104
-10-
Table 19.12.030 - Approval Authority
Public
Hearing/
Design
Noticing/
Posted
Type of Permit or
Administrative
Planning
City
Public
Expiration
Chapter/
Review
Noticing
g
Site
Decision A, s
Review
Commission
Council
Meeting/
Date E
Findings
Committee
Radius
Notice
Comment
Period
Neon, Reader
19.12.110/
board & Freeway
-
F
F
Alm
PM
No
1 year
19.104
Oriented Signs I
300'
Programs
F I
-
I A'
I A' I
- I
None
I No
I 1 year
I 19.104
Exceptions
-
F
-
PM
19.12.110/
Adjacent
Yes
1 year
19.104.290
19.12.110/
Parking
F
F
A �
A1 M /Az
Varies N
Adjacent/
Yes
1 year
19.124.050
Exceptions I
300'0
19.12.110/Yes
Fence Exceptions
-
F
-
Al L
PM
1 year
19.48.060
Adjacent
Front Yard
19.12.110/
Interpretation
F
-
Al
A2
PM
Adjacent
Yes
1 year
19.08
R-1 Ordinance Permits
Two-story I F 11
F
ILF/A1
Al L /A2
Varies' 11I
19.12.110/
Adjacent
Yes 11
1 year
19.28.140
Minor
F
Residential
-FA'-
EA�
CP
No
1 year
Yes
1 year
Exceptions -
F
-�
Alm
PM I
Protected Trees
-11-
Table 19.12.030 - Approval Authority
Public
Hearing/
Design
Noticing/
Posted
Type of Permit or
Administrative
Planning
City
Public
Expiration
Chapter/
Review
Noticin g
Site
Decision A� B
Review
Commission
Council
Meeting/
Date E
Findings
g
Committee
Radius °
Notice
Comment
Period c
Adjacent
Tree Removal
F
-
Al
Az
CP
unless
Yes
1 year
14.18.180
exempt
Heritage Tree
19.12.110/
Designation &
-
-
F
Al
PM
Yes
-
14.18
300'
Removal
Tree
Management
F
-
Al
A2
-
None
No
-
14.18
Plan
Retroactive Tree
F
-
Al
A2
-
None
No
-
14.18
Removal
Reasonable
F
-
Al
A2
-
None
No
1 year
19.52.050
Accommodation
Extensions''
Parking, Fence &
Sign Exceptions
F
-
A1
A z
-
None
No
1 year
&Front Yard
Interpretations
Neon, Reader
board & Freeway
F
Al
A2
-
None
No
1 year
Oriented Signs
-12-
Table 19.12.030 - Approval Authority
Public
Hearing/
Design
Noticing/
Posted
Type of Permit or
Administrative
Planning
City
Public
Expiration
Chapter/
Review
Noticing
g
Site
Decision A, s
Review
Commission
Council
Meeting/
Date E
Findings
Committee
Radius
Notice
Comment
Period
Two Story
Permits, Minor
Residential
F
A'
A'
-
None
No
1 year
Permits and
Exceptions
Tree Removals
F
-
A'�
A'
-
-
No�
1. year
19.12.110/
All other projects
F
-
Al
A2
-
No
2 years
None
For Permits within the Vallco Town Center Zone — see Vallco Town Center Specific Plan
KEY:
R—Review and recommendation body
F—Final decision-making body unless appealed
A'—Appeal Body on first appeal
A2—Appeal body on second appeal
PH—Public Hearing
PM—Public Meeting
CP— Comment Period
-13-
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the
Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in
conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code;
Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment
Period: Project types that need only a mailed notice and do not need a public hearing or public
meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum
expiration date allowed for any one of the development applications (not including Subdivision
Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -
for more than ten thousand square feet of commercial and/or industrial and/or office and/or other
non-residential use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -
for ten thousand square feet or less of commercial and/or industrial and/or office and/or other
non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand
square feet of commercial, and/or greater than one hundred thousand square feet of industrial
and/or office and/or other non-residential use, and/or greater than fifty residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject
property or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval for all
projects that are not a Minor Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned
development zoning district, minor building architectural modifications, landscaping, signs and
lighting for new development, redevelopment or modification in such zones where review is
required and minor modifications of duplex and multi -family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Appeals of Design Review Committee decisions shall be heard by the City Council.
N. Parking Exceptions approved by the Director of Community Development need a comment
period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
O. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need
adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of
the subject property.
P. Application must be filed prior to expiration date of permit. Permit is extended until decision
of the Approval Body on the extension.
3. That Section 20.04.040 of the Municipal Code, be amended as shown below:
20.04.040 Zoning District Applicable to a Specific Plan.
The zoning for Aall areas governed by a specific plan shall be isened as a planned
development (P) zoning distFiet undeF Chapter- identified in Chapter 19.16
of the City's Municipal Or-diRaREe Code and all regulations governing land use
approvals in a 191anned a,,velep,.,.,ent zone specific plan area shall be a19194Eable
teras identified in that individual specific plans. A proposal for a specific plan
may be combined with any application for land use entitlements in the CityLs
planned development zoning ; and
Section 5. If any portion of this Ordinance or its application is for any reason
held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions
of the Ordinance, or its application to any other person or circumstance. The City Council
hereby declares that it would have adopted each section, sentence, clause or phrase of
this Ordinance, irrespective of the fact that any one or more other sections, sentences,
clauses or phrases of the Ordinance be declared invalid, unenforceable or
unconstitutional.
Section 6. The City Council finds the Municipal Code Amendments are within
the scope of the EIR and directs the Director of Community Development to file a Notice
of Determination with the Santa Clara County Recorder in accordance with CEQA
guidelines.
Section 7. This Ordinance shall be effective thirty (30) days following its
adoption.
INTRODUCED at a regular meeting of the Cupertino City Council the day of
2018 and ENACTED at a regular meeting of the Cupertino City Council on
this day of 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Grace Schmidt
City Clerk
APPROVED:
Darcy Paul, Mayor
City of Cupertino