GPA-2010-01 Heart of the City Specific Plan Council action from April 6 regarding Housing Element & Heart of the City
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
CUPERTINO
To: Planning Department
From: Grace Schmidt C j
Subject: Consider adopting a resolution approving a General Plan Amendment related to the
2007-2014 Housin� Element and the Heart of the City Specific Plan, Resolution No.
10-071:
A. Application Nos. GPA-2008-01 (EA-2009-OS), MCA-2010-02, Z-2010-02, City of
Cupertino, Citywide (Housing Element):
1. Adopt a Negative Declaration (EA-2009-OS)
2. Conduct a straw vote adopting an amendment to the 2007-2014 General Plan
related to the Housing Element (GPA-2008-01), Resolution No. 10-071
3. Conduct the first reading of Ordinance No. 10-2056: "An Ordinance of the
Cupertino City Council amending the Cupertino Municipal Code to comply
with the Housing Element of the City of Cupertino General Plan." (MCA-
2010-02)
4. Conduct the first reading of Ordinance No. 10-2057: "An Ordinance of the
City Council of the City of Cupertino approving the rezoning of' (Z-2010-
02)
B. Application No. GPA-2010-01, City of Cupertino, Citywide (Heart of the Citv
Specific Plan):
1. Conduct a straw vote adopting an amendment co the General Plan Land Use
Map and associated maps and language in the Land Use/Community Design
Element of the General Plan for consistency with the recently updated Heart
of the City Specific Plan, Resolution No. 10-071
C. Adopt Resolution No. 10-071 approving a General Plan Amendment related
to the 2007-2014 Housing Element and the Heart of the City Specific Plan
Date: Apri17, 2010 .
At its meeting of Apri16, the City Council took the following actions:
Council action from Apri16 regarding Housing Element & Heart of the City
• Adopted a Mitigated Negative Declaration
• Conducted the first reading of Ord. No. 10-2056
• Conducted the first reading of Ord. No. 10-2057
• Adopted Resolution No. 10-071 with the following changes:
o Update all development allocation tables in the Land Use/Community Design
Element of the General Plan with the 2010 currently available allocation numbers
o Revise the parking language in the Crossroads Area on p. 2-24 to match the parking
language in the Stevens Creek Boulevard area in the Design Elements section at the
bottom of p. 2-25 of the Land Use/Community Design Element
G:\City Clerk�Action Letters�2010�Housing Element & Heart of the City GPA & Rezoning.doc
RESOLUTION NO. 10-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A GENERAL PLAN AMENDMENT RELATED TO THE 2007-2014
HOUSING ELEMENT AND THE HEART OF THE CITY SPECIFIC PLAN
SECTION I: PROJECT DESCRIPTIONS
Application Nos.: GPA-2008-01 (EA-2009-OS) & GPA-2010-01
Applicant: City of Cupertino
Location: City Wide (Housing Element) and Heart of the City Specific Plan Area
SECTION II: FINDINGS
WHEREAS, the City of Cupertino initiated applications for a General Plan Amendment as
described in this resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the City Council has held one or more public hearings on
this matter, considered public testimony from the public and applicable agencies/public interest
groups; and
WHEREAS, said Initial Study for the Housing Element (EA-2009-OS) reflects the independent
judgment of the City Council; and
WHEREAS, the City Council determined that certain potential environmental impacts resulting
from adoption of the Housing Element may cause a significant effect upon the environment, but
that changes have been incorporated into the project to avoid or substantially lessen the
significant environmental effect and a mitigated Negative Declaration has been prepared;
WHEREAS, the City Council has determined that the General Plan Amendment is necessary to
achieve consistency with the updated Heart of the City Specific Plan as described in this
resolution; and
WHEREAS, the City Council has determined that there will not be significant environmental
impacts to update the General Plan Land Use Map and associated maps and language in the Land
Use/Community Design Element of the General Plan related to the Heart of the City Specific
Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that after
careful consideration of maps, facts, e�chibits, testimony and other evidence submitted in this
matter, the application for General Plan Amendment, application no. GPA-2008-01 (EA-2008-
OS) and GPA-2010-01 are hereby approved subject to the following:
Exhibit A: Draft Housing Element of the General Plan to the City Council
Resolution No.10-071 GPA-2008-01 (EA-2009-05) & GPA-2010-01 Apri16, 2010
Page 2
Exhibit B: Changes in the General Plan Land Use Map as shown and in pages 2-5, 2-19, 2-23, 2-
24 and 2-25 of the Land Use/Community Design Element of the General Plan
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
6th day of Apri12010, by the following votes:
Vote Members of the Citv Council
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
/s/ Kimberly Smith /s/ Kris Wang
City Clerk Mayor, City of Cupertino
Attachment D
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Ci'7l' OF C.L'PERTII�O GE!�ER4L PL4hT
COMA4L�N1T�' DE\'ELOPt�4ENT L' l 7
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Bubb Road De Anza College Vallco Park North
Monta Vista Homestead Road Vallco Park South
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Figure 2-E. Special Ce�iters Unincorporated Areas 0 � 50:, — i000Mete�s � ,°
_ �.��,,
� Policy 2-23: Computibility of Lot Strategies:
Sizes 1. I�linimum Lot Si�e. Incrcase the mini-
Ensure that �onin�, �ub�ivision an� lot I11llI11 lOt SL iti t�ze ��roposed ne��� lot si=e
line adjustment requests related to lot is smallei than and not coinpatible «�itl�
si=e or lot desion consider the need to the sui neighborhood.
��reser�-e nei� hborh�od lot Fattems.
2. Flag Lots. Create tlag lots in proposed
subdi� '1S10I1S ��1 ��1ei1 tl-�ey aI'e t�le OI11�' I'e3
sonable altemati�•e that intecrates «�ith
the lot pattem in the neighborhood. �-�_ �
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CIT�' OF CL'PERTI'v0 GE'�ER4L PLA'�
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$ Building Heights• See sub-areas.
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� - -�. �.. Strategies
1' 1. Heart of the City Specific Plan. Re�-ise
� �� t��e Heart of the Cit}� Specific Plan to
�; �,y(; t4ESbf6; rEtlect modified plan-area bt�undaries, pre-
tened de��elo�ment pattems, land use dL-
rribution and hei�ht lirnit� for each su�-
area of d�e Ste�=ens Creek Plannu� Area.
Cupertino, pr��•ide� �OI11I11Ulllt�' 3I1l�Illtle�
and is pcdestrian-oriented. Land uses 2. Traffic Calming. E��aluate O�?t10I1� ot1
bet«�eei� the acti� centers sliould help Stet�ens Creel: Boule�•ard to impro��e
focus and sup��ort activit}- in the center�. the pedestrian en��ironment �� groac
See Polic}� Z-Zy for development activities titi•el}� mana�ing speed limits, their
in these areas. manual ai�d automated znforcement,
and traffic signal s}�nchron�7.
Development Intensit}-: Belo��� is the de�
c�pment allocation for the entire Heart of r.he
Cit}� area. See P�licies 2-28 and ?-29 for
de��elo�.�ment inteizsit}� in tlze Heart of the _ �
,�. .
Cit�- sub-areas. ,�,,o�
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Residential Buildaut: Table Z,� •�' "�
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Commercial ( sq. ft. ) �..-� � ���' K " -�
l x : . � -
2��1.�0 Built l,1bZ,4�6 � _
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°" fi - �
_ _ ;:14`; x�` -�.
C�ffice ( sq. ft. )
2000 Butlt � 10,531
Bu 521 � Crossroads Area
Hotel ( rooms ) � policy 2-28; Crossroads Area
20���� �3uilt ' Create an acti��e, pedestrian-orieilte�
Buildout �1.�00 ' �� district along Stevens Creek
Residential (DU) Baule�=ard, bet«Teen De Anza
ZC�00 Built 238 Boulevarcl and Stelling Road.
F�uildout �70
— De��elopment Acti��ities: Develupment
Design Elements: The Heart of the Cit}� along Stevens Creek Boule��ard shall have
Specific Plan slZall provide design standar�s retail uses «=ith storefronts on the ground
and �uidelines for this area. The}� promote � le��el. Commercial office uses may be
c��he�i1 e, landscaped streetscape tlzac liiz�:� allo��7ed on the second le��el. Limited resi-
the major acti�-it}� ceiiters. dential uses are allov�-ed.
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CITY OF Ct�PERTl�O CiE?vER�L PI_AN �
�'Z'7 Z..4ND L.JSE�COA11.iL'NIT1' DESIG?v
Development Intensit}': Development • A design plan that �rovides for an
intensit}� shall be determined in conjunction artracti��e pedestrian streetscape.
���ith specific de�-elopment re��ie«�.
The design plan shall contain guide-
Residential buildout: L'p to ?� units per lines thar. foster pedestrian activitp and
acre. create a sen�e of arri��al.
Design Elements: Primary �round-floc�r ?. Shared Parking. Require shared park-
entrances shall face the street. The ine aoreements throughout the area,
streetscape shall consist of «-ide pedestrian «�ith o�•erall parking standards reduced
�ide���alks ��•ith im street fumiture, street to reflect shared parkingParking areas
trees, pedestrian-scaled lights ��•ith banner�, ma}• be located helo���-grade, in abo��e-
small pla<as, artj��•ater features, pedestrian grade scructures or behind the building�.
cross���alks «�ith special paring, and other ele- Al>ove grade structures shall not be
ments identified in the Crossroads Area located along street frontages and shall
�treetscape Plan. Designs should include be lined �� ith acti��e use� on the ground
entry features at the Stelling Road/Ste��ens tloor.
Creek Boulevard and De An�a/Ste�•ens
Creek fioule��ard intersections to inark cl�e 3 • Commercial-office Uses. Allo��� com-
Crossroads area. A landmark feature shall he mercial-office uses abo��e ground le��el
pro��ided at Cit}� Center Park at die Ste��ens retail to be dra�� from the commerciai
Creek and De r�n�a Boulevard intersection allocation for tlie area.
to mark rhe center of the cit}�.
Stevens Creek Boulevard
Building Heights A!Iaaimum of 4� feet. , Policy2 Stevens CreekBoulevard
Strategies: Retain and enhance Ste��ens Creek
Boulevard as a mixed commercial,
1. Crossroads Area Streetscape Plan �ffice aild residential corridor connect-
Prepare a specific plan for Ste�-ens Creek ing De An College, Crossroads, Cit��
Boule��ard bet�;�een De An:,a Boule��ard Center and Vallco Fashion Mall. This
and Stellin� Road, ��•ith the �bjecti�-e of con�idor extends from Hight��a�� 85 to
creating a unique street;cape and shop- the eastem cit}' limits and is split into
ping district. The Crossroads area pres- « >> << ��
three segmeilts: Vilest, Central and
ents a uni�ue pedestrian-oriented acti��i- "East." The Crossroads Plaiu�ina .�rea
t}= center, �,-hich ���ill he a positi��e and is l�en��ee�z the V;/estem and Ceiltral
memorable oatherii�g place for secrians of the Ste� Creek
Cupertino citi_ens and ��isitors. Tl�e Plan Boule��ard Planninp Area.
shall include tl�e follo�e�in�� elements:
� � De��elopment Acti�-ities: The Ste��ens
E ////�'� l���l�nc��se plan pecif��ino tl�e t} Cree�: Planning area includes the "Heart of
� .:r �'1 A '� '•. l L t
, '� '� ,",iii�'ii��t� and ar� of laiz,� chc Cit}-" develupmeil� srandards and guide-
a 4
� usc� to prc�mc�te �edestrian and busi- line�. Residei�tial or office de��elu���nenrs
; , ._ ::�•_, , . . '�' ��.�?�c�Q1;it}�. � �hall he cotlsidered in mid-E�lock E�arcels.
t� ,. ,,.
4� �~- � P;�rcel� �i� or near intersections shall l�a� a
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l y � —,�r..' _ . _ ___'_"`�
COA11.3L''�1'I7' D E�'ELOP2.4E:�T 2'�.7
��eighborhood commercial component. Vallco Park South
Project development allocacions , policy2-3D: VQII[o �
���ill be determii�ed on a case-b}•-case basis. parkSouth
l. Vdest Steeens Creek Boulevard (from Retain and enhance
High«�ay 8� to Anton ��'ay): This ��a11co Park Sourh as
area includes the Oaks Shopping a large-scale commer-
Center and the De An�a Communit}- cial area that is a regional
College campus. Ne��= de�-elopment in
this area should iiuorporate mixed commercial (including hotel),
coinmercial/residential uses. otiice and entertau7ment center ���id�
supporting residential de�
2. Central Stevens Creek Boule��ard (from
De Anza Boule��ard east to Peruneter Straiegies
Road): Ne�a� development shall consist of
cominercial/commercial office uses on 1. r4aster Plan. Prepare a?�'Iaster Plan for
die fir�t tloor. Oitice use are permitted on this area to ensure C011i111ll1C\' O{ I178S5,
the second t7oor. Residential and residen- scale, cc�nnecti��it�� and adequac}- of
tial mi�ed uses are allo�-ed. infrastructure and �er�•ices, includin�
schools.
3. East Stevens Creek Boule��ard (from
Perimeter Road to eastern City lim- �, Vallco Park«�a}�. Continue rhe �'allco
its): �e«� development shall consist of
comtnercial/commercial offices uses on Park��,�a}� streecscape, „ ���as
the fir�r tloar. 0lfice use� are permitted approved as part of die �lallco Ko:ebo��-1
on the second floor. Residential and inixed-u�e de�-elopment, along the
resideiltial mixed uses are allo���ed. entire Park���a��.
De��elopment Intensit��: De��elopment Development Acti��ities: A reaional shoppulg
intensity shall be detem�ined in conjunction tnall and office and industrial buildings are d�e
���irh specific de�•elopment revie���. Mixed main features of chis area. Hotels are also
commercial and residential de��elopment allo���ed in the Vallco Park area. Da}-time and
tnay be allo���ed if the residential units pro- nighttime regional entertainment activities,
vide an incenti�•e to develop retail use, if the such as a mo�-ie theatre complex, are highl}'
devel��pment is «�ell designed, financiall}� encouraJed in the mall area. .�s parr of the
beneficial to Cupertino, provide� cominuni- de��elopment ab eement, office and industrial
t�� �menitie> and is pedestrian-oriented. uses are also allo���ed. The precise mi�: of land
uses shall be detennined �- ia a master plan and
Residential: Up to 25 d�;•elling units per acre. an appro��ed use permit.
Design Elements: Buildinas shall be located The Cit�� has tiormed a rede��elopment proj-
at the front setback lii�e defined in rhe Heart ect area encompassing the regional mall
of the Cit}. S ecific �3i�,._ --� zg shall be �roperties. The redevelopment area allo����
located to the side or rear of d�e b ilding�. for most of Che fu�1d� deri�-ed from the "rax
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j �` ti 1�� 0'� � increment financing" to ��� tu t11e rede��el-
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t ° opment area. "Tax increment" refers tc� the
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� 3'� 3'�� airiount of tl�e propertr tax � ii�crease
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Prepareci bv the Communitti� Develupment Department �� �
A�opred: Vo��ember 15, 2�705
GIS
GPA-2010-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6589
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE A GENERAL
PLAN AMENDMENT TO AMEND THE GENERAL PLAN LAND USE MAP
AND ASSOCIATED MAP AND LANGUAGE IN THE LAND
USE/COMMUNITY DESIGN ELEMENT OF THE GENERAL PLAN FOR
CONSISTENCY WITH THE UPDATED HEART OF THE CITY SPECIFIC PLAN
BOUNDARIES
SECTION I: PROTECT DESCRIPTION
Application No.: GPA-2010-01
Applicant: City of Cupertino
Location: Heart of the City Specific Plan area
�
SECTION II: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino has received an
application for a General Plan Amendment to amend the General Plan Land Use Map
and associated maps and language in the Land Use/ Community Design Element of the
General Plan for consistency with the updated Heart of the City Specific Plan
boundaries as described in this resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the Planning Commission has determined that the General Plan
amendment is necessary to achieve consistency with the updated Heart of the City
Specific Plan; and
WHEREAS, the Planning Commission has determined that there will not be significant
environmental impacts to update the General Plan Land Use Map and associated maps
and language in the Land Use/ Community Design Element of the General Plan.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. GPA-2010-01 is hereby recommended for
Resolution No. 6589 GPA-2010-01 March 23, 2010
Page 2
approval by the Planning Commission, subject to the conditions which are enumerated
in this Resolution; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application GPA-2010-01, as set forth in the Minutes of the Planning Commission
meeting of March 23, 2010, and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibit A(General Plan Land Use
Map) and Exhibit B(Land Use/ Community Design Element of the General Plan),
except as may be amended by the Conditions contained in the Resolution.
PASSED AND ADOPTED this 23rd day of March 2010, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Chair Brophy, Vice Chair Lee, Miller, Kaneda, Giefer
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/ s/ Aarti Shrivastava / s/ Paul Brophy
Aarti Shrivastava Paul Brophy, Chair
Director of Community Development Planning Commission
G:\ Planning\ PDREPORT\ RES\ 2010\ GPA-2010-01 ,
Apri16, 2010 Cupertino City Council Page 8 �
only, and that the City Clerk's reading would constit ' first reading
thereo . s: Chang, Mahoney, Santoro, Wang ong. Noes: None.
The City Clerk read the title r m o. 10-2057 approving the rezoning
(Z-201-02). Maho oved and Wong seconde d the ordinance by title
only, and e City Clerk's reading would constitute the firs ��hereof.
: Chang, Mahoney, Santoro, Wang and Wong. Noes: None.
B. Application No. GPA-2010-01, City of Cupertino, Citywide (Heart of the Citv
Specific Plan):
l. Conduct a straw vote adopting an amendment to the General Plan Land
Use Map and associated maps and language in the Land Use/Community
Design Element of the General Plan for consistency with the recently
updated Heart of the City Specific Plan, Resolution No. 10-071.
Senior Planner Aki Honda Snelling noted that the amendments before Council
addressed consistency with the updated Heart of the City Specific Plan, included
minor "clean up" items, and omitted areas outside of Cupertino city limits that
were mistakenly included during the 2005 General Plan update. The Planning
Commission had reviewed this issue in March and was recommending approval.
Director of Community Development Aarti Shrivastava stated that the Heart of
the City Specific Plan allowed certain uses within its boundaries. During � the
Council's review of the Heart of the City Specific Plan, the Council had agreed
that permitted uses shall be consistent with the allowed uses in the CG (General
Commercial) zone. They also agreed to grandfather in certain properties,
specifically St. Joseph's Church, Union Church and Happy Days Child Care
Center. These quasi-public uses may be maintained on these properties, even if
property ownership changes, provided that they are not discontinued However, no
new churches or other quasi-public uses would be allowed elsewhere in the Heart
of the City. The three property owners had been contacted and were in agreement
with this action.
Mayor Wang and Vice Mayor Wong did not agree that this was their earlier
decision. They believed these properties should be zoned BQ (quasi-public
buildings). Vice Mayor Wong also commented that +he Abundant Life Church
was also in this area so there was no consistency in this action. Council Members
Chang, Mahoney and Santoro maintained that this had already been decided upon
by Council and concurred with staff's recommendations.
Jennifer Griffin noted that the churches under discussion were on the city's
historical site list. She believed the Heart of the City was a useful designation
which captured the look and feel of Cupertino. The 35 foot public right of way on
Stevens Creek was excellent. A lot of work had been done on the Heart of the City
document and she congratulated Council.
April 6, 2010 Cupertino City Council Page 9
Ty Bash, one of the owners of the Happy Days Child Development Center, noted
that he had purchased the lot in 1999 and a use permit had been granted. In 2005
the land use map had been changed. He had not requested this change and had
discussed this matter several times over the years with staff. He was in agreement
with this clarification Council had made.
Council member Santoro said page 2-23, Exhibit B, refened to build out in the
year 2000 and asked if that could be changed to the year 2010. Community
Development Director Shrivastava said that those references occurred throughout
the document and she could arrange to have the graphics consultants make those
updates. These numbers would also be updated in the General Plan document.
Mark Santoro referred to page 2-24 on top of second column concerning shared
parking. It said parking areas may be located below grade. However on page 2-25
under design elements the language had been corrected. Community
Development Director Shrivastava said staff would replace the sentence on page
2-24 about parking below grade with the corrected sentence on page 2-25.
The Council conducted a straw vote adopting an amendment to the General Plan
Land Use Map, with the two corrections as noted by Council member Santoro,
and associated maps and language in the Land Use/Community Design Element
of the General Plan for consistency with the recently updated Heart of the City
Specific Plan, Resolution No. 10-071. The vote carried 3:2, with Mayor Wang
and Vice-Mayor Wong voting no.
C. Adopt Resolution No. 10-071 approving a General Plan Amendment related to the
2007-2014 Housing Element and the Heart of the City Specific Plan
Chang moved and Wong seconded to adopt Resolution No. 10-071, which would
include the following changes. The motion carried unanimously.
1. Update all development allocation tables in the Land Use/Community
Design Element of the General Plan with the 2010 currently ava.ilable
allocation numbers.
2. Revise the parking language in the Crossroads Area on p. 2-24 to match
the parking language in the Stevens Creek Bouievard area in�the Design
Elements section at the bottom of p. 2-25 of the Land Use/Community
Design Element.
RECESS
The City Council recessed from 9:40 to 9:50 p.m.
Cupertino Planning Commission 2 March 23, 2010
2. TM-2010-02, V-2010-01, Tentative Map to subdivide 0.618 acres into two single
Z-2010-(EA-2010-012) family residential lots of approx. 11,737 and 13,982 oss
Pam Yoshida (Westwood sq. ft. with an exception area of 1,211 sq. ft. in the of
Investors, LLC) Sunnyvale; A Variance to allow a lot width of 5 eet
0642 No. Portal Ave. in an R-1 zoning district where 60 feet is requ' d;
Pre-Zone and Re-Zone 0.028 acres from Ci f
Sunnyvale to pre-Rl-7.5 and 0.590 acres m A1-43 to
R1-7.5. Postponed from the March 9, 2 0 meeting;
Request postponement to the Apri113 010 meeting;
Tentative City Council date May 18 010.
3. U-2009-08 (EA 009-11), Use Permit and Architectural ite Approval to allow
ASA-2009-08; T 2010-08 demolition of 95,666 sq. ft. o austing commercial space
Ken Rodrigues and the construction of 146 8 sq. ft. of new commercial
Homestead Associate LLC) space consisting of 4 new ommercial satellite buildings
20580, 20620 & 20680 and 3 new major tenant aces in an existing shopping
Homestead Rd (P W Ma et) center. The approval so allows a 24-hour drive-
through pharmacy d a second drive-through at one
of the satellite b' ings to operate from 6 a.m. to 11 p.m.
Tree Removal Permit allow the remo 1 and replacement of 124 trees as part of
a proposed developmen pplication. equest postponement to the April 13, 2010
meeting; another Public ing n ce has been issued. Tentative City Council
date is May 4, 2010.
Motion: Motion by Com. Giefer, second y m. Kaneda, and unanimously carried 5-0-0,
to postpone Application U-20 -09 to e April 27, 2010 Planning Commission
meeting; and Applications -2010-02, -2010-01, �2010-(EA-2010-01)
U-2009-08 (EA-2009-11), A-2009-08; 010-08 to the April 13, 2010
Planning Commission ting.
ORAL COMMU1vICATIONS
Carly Cullimore, Secreta f the Student Health Services Commi , San Francisco State:
• Expressed concern re ding the operating days and hours of the Cu ino Farmer's Market.
She said that if the arket was held on the weekends, not just Friday it would give more
people the oppo ity to attend and have access to more local seasonal 'ts and vegetables
and dairy prod ts. More time to shop at the farmers market would be e owering to the
residents of community; it gives them more opporiunity to support the local nomy and a
chance to to the fanners and learn more about the food products. It woul so afford
parents opportunity to educate their children about what they are eating and letting em be
involv in choosing foods which would go along towazd establishing more healthy eating
hab' . With the campaign that Michelle Obama has to stop child obesity, it takes families
communities working together to educate children on healthy eating decisions. She urged
e consideration of change of operating days and hours to make it an even more successful
community event that more community members would have access to.
4. GPA-2010-01 General Plan Amendment to amend the Land Use Map and
City of Cupertino language in the land Use/Community Design Element of the
Citywide Location General Plan for consistency with the recently updated Heart of
The City Special Plan. Tentative City Council date: Apri16, 2010
Cupertino Planning Commission 3 March 23, 2010
Aki Honda Snelling, Senior Planner, presented the staff report:
• Reviewed the application for a General Plan Amendment to amend the General Plan Land Use
Map and associated language and maps in the Land Use/Community Design Element of the
General Plan for consistency with the recently updated Heart of the City Specific Plan (HOC)
as outlined in the staff report.
• The City Council introduced an Ordinance to approve the updated HOC on February 16, 2010,
which included updated boundaries, policies and development and design standards in the
Plan. On March 16, 2010, the City Council conducted the second reading of the Ordinance
which will become effective April 16, 2010.
• She reviewed the General Plan Land Use Map amendments to incorporate the newly updated
Heart of City boundaries. The amendments are detailed on Page 4-2 of the staff report.
• The changes to the Land Use/Community Design Element were reviewed in detail, as outlined
on Pages 4-2/3 of the staff report.
• Staff recommends that the Planning Commission recommends that the City Council amend the
General Plan Land Use Map and maps and language in the attached Land Use/Community
Design Element in the attached resolution.
• Staff answered Commissioners' questions and clarified reasons for amendments made.
Relative to the two church sites, Union Church of Cupertino and St. Josephs Church of
Cupertino has a quasi-public institutional land use designation; the new Heart of the City Plan
does not allow for a quasi-public uses except for the two churches. City Council specifically
made accommodations that allowed for those church uses to remain and still be consistent with
the Heart of the City Plan for as long as those particular uses remain. When they change over
to a different type of use, they will have to comply with the new Heart of the City Plan which
then opens up to allow for more uses than a quasi-public use would allow.
Aarti Shrivastava:
• Clarified that the church property could be sold as long as the use is consistent; if they left that
property and it remained vacant for years, it would be difficult, but that is how uses are
grandfathered in. As long as they are consistent they can sell it to another church user and it is
not qualified as ownership, it is the use; it is all right as long as the use stays consistent and
constant.
• Regarding the churches, the land use is being changed to reflect the current zoning as well as
the Heart of the City; as long as the uses stay consistent, they will conform to the Heart of the
City and they can expand. If one or both the churches decide to move, and they wish to sell
their property to another church, this change in the General Plan will not preclude that. The
Heart of the City Plan which governs the zoning, does allow that to happen.
Chair Brophy opened the public hearing; there was no one present to speak; the public hearing was
closed.
Com. Giefer:
• Said it was a well thought out piece, and she was pleased to see completion of the project as
some of the Commissioners and staff have been working on the project for an extended period
of time.
Motion: Motion by Com. Giefer, second by Com. Kaneda, and unanimously carried
5-0-0, to recommend approval of Application GPA-2010-01.
Chair Brophy declared a short recess.
i
� OFFICE OF COMMUNITY DEVELOPMENT
i
I
� CITY HALL
� "10300 "TORRE AVEi�tUE • CUI'ERT1N0, CA 95U14-3255
�
� {40�) 777-330b • FAX (408) 777-3333 • plam�ing:'cupertino.or�;
CUPERTtNt.'? ;
CITY COUNCIL STAFF REPORT
Agenda Item No. �� Agenda Date: April 6, 2010
Application Summary: Consider adopting a resolution approving a General Plan
Amendment to the 2007-2014 Housing Element and the Heart of the City Specific Plan,
Resolution No. 10�, application No. GPA-2010-01, City of Cupertino, Citywide
(Heart of the City Specific Plan):
This report will focus on proposed changes to the General Plan Land Use Map and the
Land Use/ Community Design Element of the General Plan.
RECOMMENDATION
The Planning Commission recommends that the City Council adopt the following:
1. Conduct a straw vote adopting an amendment to the General Plan Land Use Map
and associated maps and language in the Land Use/Community Design Element of
the General Plan for consistency with the recently updated Heart of the City Specific
Plan, (Resolution No. 10-�
2. Adopt Resolution No. 10-_ approving a General Plan Ainendment related to the
2007-2014 Housing Element and the Heart of the City Specific Plan
If the Council is ready to adopt the general plan amendment and the previously
discussed Housing Element, the Council should first conduct a straw vote to adopt t11is
amendment, and then follow with one motion to collectively adopt the resolution
approving a General Plan Amendment on both the Housing Element and the Heart of
the City. This will allow the City to collectively adopt these amendments as one general
plan amendment. Staff recommends this method to allow the City to "bundle" these
amendments together so that the City may have the flexibility to consider other general
plan amendments for the rest of this calendar year. By state law, cities are allowed to
adopt no more than four general plan amendments a year.
BACKGROUND
On March 23, 2010, the Planning Commission reviewed the proposed general plan
amendment and conducted a public hearing. On a 5-0 vote, the Commission
GPA-2010-01 General Plan Amendment Apri16, 2010
Page 2
recommended that the Council adopt the general plan amendment (See Attachment A,
Planning Commission Resolution No. 6589) to amend both the General Plan Land Use
Map and the associated language and maps in the Land Use/Community Design
Element of the General Plan as attached in the model resolution (See Model Resolution).
There were no members of the public who spoke during the public hearing.
The proposed general plan amendment is a result of boundary changes that were made
in the recently updated Heart of the City Specific Plan. The specific plan was approved
upon introduction of Ordinance No. 10-2055 (See Attachment B) on February 16, 2010.
The second reading of the ordinance was conducted on March 16, 2010. The updated
specific plan will officially become effective on Apri116, 2010.
DISCUSSION
In addition to amendments to the General Plan Land Use Map and associated language
and maps in the Land Use/Community Design Element of the General Plan for
consistency with the new boundaries for the Heart of the City Specific Plan area, the
following additional amendments are proposed as general "clean up" items from the
2005 General Plan update for further clarity of the Heart of the City Specific Plan (See
Attachment C, Planning Commission staff report of March 23, 2010). These items were
also recommended for approval by the Planning Commission and include:
1. Amending the Quasi-Public/Institutional land use designations for properties
identified as St. Joseph of Cupertino Church and Parish (10110 N. De Anza
Boulevard), Union Church of Cupertino (20900 Stevens Creek Boulevard) and Happy
Days Child Development Center (10115 Saich Way) to
Commercial/ Office/ Residential to match the predominant land use designation for
the Heart of the City area. This amendment will also make the land use consistent
with the updated Heart of the City Specific Plan and zoning for these properties.
These properties are all zoned P(Mixed Use Planned Development) which is the
predominant zoning designation for the Heart of the City. These amendments are
not considered substantive since they do not affect the existing uses on the
properties. The updated Heart of the City Specific Plan includes provisions to allow
these church uses to continue. Additionally, day care uses are permitted in the Heart
of the City area.
2. Removing properties along South De Anza Boulevard between Bollinger Road and
Highway 85 that are not within the City of Cupertino limits. This is proposed as a
general clean up item from the 2005 General Plan update and is not a substantive
change to the General Plan.
3. Removing strategies in the Land Use/Community Design Element related to revising
the Heart of the City Specific Plan and developing a master plan for the South Vallco
Park area since these plans have now been developed and adopted.
GPA-2010-01 General Plan Amendment Apri] 6, 2010
Page 3
4. Correction of a minor grammatical error.
During the meeting, the Commission asked for clarification if this amendment will have
any effect on the three properties whose land use designations are proposed to be
amended from Quasi-Public/ Institutional to Commercial/ Office/ Residential. Staff
clarified that this change is merely a"clean up" item to allow these properties to be
consistent with their existing P(mixed use planned development) zoning designations
within the Heart of the City area. This change will not affect the existing uses on these
properties, or their ability for future expansion. Additionally, staff clarified that this
amendment will actually broaden the abilities for future development on these
properties should the existing uses cease, since the properties would not be limited only
to quasi-public uses.
Letters were sent notifying each of these property owners of the proposed amendment
and of tonight's Council meeting. Additionally, staff has made phone calls to contact
each of these owners. To date, staff has spoken to the property owners of the Happy
Days Child Care Center who have indicated they are in favor of the proposed
amendment.
Prepared by: Aki Honda Snelling, AICP
Reviewed by: Gary Chao, City Planner����
Reviewed by: Approved by:
Aarti Shrivastava Da id W. Knapp
Community Development Director City Manager
ATTACHMENTS
Model Resolution
Attachment A Planning Commission Resolution No. 6589
Attachment B Ordinance No. 10-2055, Heart of the City Specific Plan
Attachment C Planning Commission staff report of March 23, 2010
Attachment D Current pages 2-5, 2-19, 2-23, 2-24 and 2-25 of the Land
Use/ Community Design Element of the General Plan
Attachment E Updated Heart of the City Specific Plan Land Use Map
Attachment F Current General Plan Land Use Map
Model Resolution No. 10-071 and Exhibits A& B
are referred to in both Staff Report 24A and Staff Report
24B.
To conserve paper, those items were printed only once,
as a part of Staff Report 24A
i
�
! OFFICE OF COMMUNITY DEVELOPMENT
I
CITY HALL
"10300 TORRE AVEi11UE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333 • plani�ingGcupertino.org
CUPERTII'�IC3 i
PLANNING COMMISSION STAFF REPORT
Agenda Item No. � Agenda Date: March 23, 2010
Application: GPA-2010-01
Applicant: City of Cupertino
Location: Heart of the City Specific Plan area
Application Summary: General Plan amendment to amend the Land Use Map and
associated language in the Land Use/Community Design Element of the General Plan
for consistency with the recently updated Heart of the City Specific Plan.
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council:
1. Amend the General Plan Land Use Map to be consistent with the updated Heart
of the City Specific Plan boundaries and to remove areas outside of the City of
Cupertino limits; and
2. Amend maps and language in the Land Use/Community Design Element of the
General Plan to be consistent with the updated Heart of the City Specific Plan
land use and boundaries.
BACKGROUND
On February 16, 2010, the City Council introduced Ordinance No. 10-2055 to update the
Heart of the City Specific Plan. In addition to changes that were made to update the
policies and the development and design standards in the specific plan, the Council
decided to revert the boundaries of the Heart of the City area back to the boundaries
prior to the 2005 General Plan (See Heart of the City Land Use Map in Attachment 1).
On March 16, 2010, the City Council conducted a second reading of the ordinance.
Therefore, the ordinance approving the updated Heart of the City Specific Plan,
including the boundary changes, is anticipated to become effective 30 days after the
second reading, which is Friday, Apri116.
GPA-2010-01 General Plan Amendment March 23, 2010
Page 2
DISCUSSION
General Plan Land Use Map
The current General Plan Land Use Map (See Attachment 2) reflects the Heart of the City
boundaries based on the 2005 General Plan update. Therefore, an amendment is needed
to incorporate the newly updated Heart of the City Specific Plan boundaries. The
proposed General Plan Land Use Map (see Exhibit A of the Model Resolution) includes
the following amendments:
1. Include the pre-2005 General Plan Heart of the City boundaries and the special center
areas of South Vallco Park, City Center, De Anza College, and the South De Anza
Boulevard Conceptual area. Additionally, the area of the Glenbrook Apartments was
added into the updated boundaries. The updated Heart of the City boundaries
encompasses a total of 635 acres.
2. Amend the Quasi-Public/Institutional land use designations for properties identified
as St. Joseph of Cupertino Church and Parish (10110 N. De Anza Boulevard), Union
Church of Cupertino (20900 Stevens Creek Boulevard) and Happy Days Child
Development Center (10115 Saich Way) to Commercial/ Office/ Residential to match
the predominant land use designation for the Heart of the City area. This amendment
will also make the land use consistent with the updated Heart of the City Specific
Plan and zoning for these properties. These properties are all zoned P(Mixed Use
Planned Development) which is the predominant zoning designation for the Heart of
the City. These amendments are not considered substantive since they do not affect
the existing uses on the properties. The updated Heart of the City Specific Plan
includes provisions to allow these church uses to continue. Additionally, day care
uses are permitted in the Heart of the City area.
3. Remove properties along South De Anza Boulevard between Bollinger Road and
Highway 85 that are not within the City of Cupertino limits. This is proposed as a
general clean up item from the 2005 General Plan update and is not a substantive
change to the General Plan.
Land Use/Community Design Element
In the Land Use/Community Design Element of the General Plan, pages 2-5, 2-19, 2-23,
2-24 and 2-25 (See Attachment 3) will need to be modified to be consistent with the
updated Heart of the City boundaries. These changes are incorporated into the amended
Land Use/ Community Design Element (See Exhibit B of the Model Resolution) and
consist of:
• Page 2-5 - Modified the Community Form map to reflect the updated Heart of the
City boundaries, and to remove areas that are outside of the City of Cupertino limits
on S. De Anza Boulevard between Bollinger Road and Highway 85.
GPA-2010-01 General Plan Amendment March 23, 2010
Page 3
• Page 2-19 - Modified the Special Centers map to reflect the updated Heart of the City
boundaries.
• Page 2-23 - Modified the key map for the Heart of the City section in Policy 2-27 to
reflect the updated boundaries.
• Page 2-23 - Removed Strategy 1 under the Heart of the City section since the revised
Heart of the City Specific Plan has recently been approved. Renumbered the "Traffic
Calming" strategy as Strategy 1.
• Page 2-24 - Included a minor grammatical correction in the Shared Parking strategy.
• Page 2-25 - Modified the boundaries for the Heart of the City Specific Plan area to be
consistent with the newly adopted Specific Plan.
• Page 2-25 - Under the Design Elements section of Stevens Creek Boulevard, modified
the language to be consistent with language in the Heart of the City Specific Plan.
• Page 2-25 - Under the Vallco Park South section, removed Strategy 1 pertaining to
preparation of a master plan, since the South Vallco Master Plan has already been
prepared and adopted.
Next Steps
If the Planning Commission makes a recommendation on this item tonight, the
Commissiori s recommendation will be forwarded to the City Council on April 6, 2010.
Prepared by: Aki Honda Snelling, AICP, Senior Planner
Reviewed by: Approved by:
��i P��,�.-
Gary Chao arti Shrivastava
City Planner Community Development Director
ATTACHMENTS
Model Resolution, including Exhibits
Attachment 1 Updated Heart of the City Specific Plan Land Use Map
Attachment 2 Current General Plan Land Use Map
Attachment 3 Pages 2-5, 2-19, 2-23, 2-24 and 2-25 of the Land Use /
Community Design Element of the General Plan.
G: \ Planaing \ PDREPORT� pc GPA reports � 2010 � HOCGPA-2010-Ol.doc
PI�U�3� ���" ; PRO�F ��F PUBLfCATI��J -
Fitin� �tam�
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State of C�lifornia
County af Santa C(ara
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of 18
years, and not party to or interested in the above
LEGAL NOTICE OF SPE-
entitled matter � am the principal clerk of the B FORE PLANNING
COMMISSION" OF' THE
printer of the % CALFORNIA C or�EMar h
' 23, 2010; :` -n� s`
t ,, � at 6;45 p.m in tFie Coun-
The Cupertino Courier, ZQg�j Tfle Ql�al�'le'Ua� cil �Chambers of the
Cupertino Comfnunity:
Hall, 10350 Torre AvenUe-
San 1ose, Catifarnia, s26 a news a er Of 'isherebygfven.`Thefol=� squarefeetofnewcom-
9 5 {� {� lowing applications..for mercial space�arranged
action by the Planning as four new commerCial
Commission wilf. �.be satellite buildings and
general circu(ation, printed every Wednesday in nea�d: ��. th�ee hew major tenant
3.Application Koi<s) spaces in - arr existing
'MCA-2010-01 shopping - center for a
the City af San )ose, State of California, �OUllty 0� A�plicant: -•City total of zos,lza square
o Cupertino ' ' feet
Location: citywide ENVIRONMENTAL DE-
Municipal Code Amend- 'TERMINATION: Negative
Santa Clara, and which newspaper has been ment to �e��eW and oe�,a�at;o� ;,
I amend Chapter 1415 of All environmental "8�ocu-
the Cupertino Municipal ments for the described.
adjudged a newspaper of general circulation by Code relating. to the applications are availa-
Xeriscape landscaping ble for'public re4iew at
and = Wate� Efficiency the Cupertino Communi-
the Superior Court of the County of Santa CIaCa regufations ty Developmenf`Depart-
, ENVIRONMENTAL DE- ment, 10300 Torre ave-
TERMINATION: Exempt nue, Cupertino Califor-
2.Application No.(s) nia, 95014. ��' `
State of California, Case Number CVioo637 that GPA-2010-01 If,you challenge the ac-
Applicant: City tiort `of' the Planning
Lo aton:� citywide !Commission in court,
the' 1lOtICe Of W�'1lCh th2 atltleX2C� IS d pfllltEC� COpy General:�Plan -Amend- You be limited to
ment to-amend the land raising only those issues
Use Map and'language You'_or someone else
(set in type not smal(er than nonpareiO, has been in =the `-tland `raised at the public
Use/Corrimunity 'Oiesign hearing described in
Element bf the eneral this notice, or in written
published in each regular and entire issue af said p�a�= fo� .�o� stency ;eredsp�ondheeC'Tyeli�vf
with the recently updat- Cupertino at, or prior to,
A1 ed heart of the City Spe- the ' public hearing.
IVeWS�apeC al�d I�Ot IC� al�y SUppleIT�EI�t thereOf OI� ENVIRONMENTA� �'RE- Please riote that.Plan-
TERMINATION Exempt ning Commission policy
3 Application No{s): U.- �s to allow'an applicant
2009-08, >; ASA 2009-08 and groups to-speaKfor,
the following ates, t0 W(t (EA-200911) lOmmutesandipdividu-
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stead Assoc�ates, LLC) Aarti Shrwastaya
Location20580, ' ° 20620 CommuNty : � Develop-
and 20680 omestead ment Department
ALL IN THE YEAR 2010 Road N 10, 2IO10 �on Date: March
Use Pe�mit and Arcfii- (pub CC 3/10)
I certif or declare under ena(t or er ur that tectural and Site appro-
Y� � P Y P 1 Y ti square
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the fore oing is true and correct oia� space ana tne con-
struction of 147,790
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at San Jose, California
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The City of Cupertino will consider a General Plan Amendment to amend the General Plan's Land Use Map and associated
language in the Land Use/Community Design Element of the General Plan for consistency with the recently updated Heart of
the City Specific Plan boundaries.
For more information, please contact Aki Honda Snelling, Senior
Planner, at (408) 777-3313 or e-mail any comments to
plannin�(d;;cupertino. or�.
Additional information is also available online at
�����r. cupertino. or,�/ HC)C
Please check the website prior to the meeting for updated
information in the event of any changes.
� .�...
Community Development Department
�a � � �£�- Pro' ect Application Summary
l
File GP General Plan Amendment
I APN(s)
Environmental: Exem t �
- -�--_____ -- ---_ ___ _ _ �
Project Name: City of Cupertino_ !
-- - ---- - -- -- — �
Manager: Aki Snellin� Notice Type: _ Ci�wide
'�
--- ---- - — ��
Location: '
�
Steven_s__Creek B_oulevard between Highway_85 and eastern cit� limits_ _;
�
Description: !
_G_en A men dmen t to am_e__nd the L_ and_U Ma}� __a_ n lan �uage in th e _ ��
__L_and__Use� E lem en t of the Gener Plan for consistency_ with _',
the _recently_ u�dated Heart _of the City S�ecific Plan. ,
Fil Pre-hrg ER L e� al DR PC CC _���
3/3/2010 3/3/2010 3/23/2010 4/6/2010 '�
Consent? ❑
Contacts
Name Ty A ddres s Phone, Fa x, e-mail
Aki Honda Snelling Project Manager