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CC Resolution No. 94160 9 RESOLUTION NO. 9416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE LANDS OF THE SAN JOSE DIOCESE AMENDMENT OF THE LAND USE, HOUSING AND IMPLEMENTATION ELEMENTS OF THE CITY OF CUPERTINO GENERAL PLAN WHEREAS, the City Council has held public hearings and considered public testimony from citizens, and from representatives from other public agencies and interested groups; and WHEREAS, the City Council considered the Environmental Impact Report which evaluated the potential significant impacts that the General Plan amendment may have on the environment; and WHEREAS, said Environmental Impact Report reflects the independent judgment of the City Council; and WHEREAS, the City Council determined that certain potential environmental effects resulting from adoption of the project 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 as identified in the final EIR. Said significant effect and mitigation measures to avoid or lessen the significance are described in Exhibit B; and WHEREAS, the City Council determined that some significant adverse environmental effects of the project can not be reduced to a level of insignificance and that in those instances, a statement of overriding considerations has been made as described in Exhibit A. The specific findings for the statement of overriding consideration are described in Exhibit B and are supported by substantial evidence in the record; and WHEREAS, the City Council determined that the project achieves the following project goals more effectively than the alternatives evaluated in the EIR, they are also submitted as findings of overriding consideration: 1) Provide private open space, which offers environmental and aesthetic values to the City of Cupertino and the region. 2) Provide environmental protection to sensitive areas by identifying special constraint areas and requiring additional programs for environmental protection not present in the current General Plan. 3) Provide additional housing opportunities as required to meet Cupertino's housing requirements. -2- 4) Provide public open space, which offers permanent recreational, environmental and aesthetic values to the City of Cupertino and the region. WHEREAS, the City Council determined that the project property has unique characteristics which lend themselves to this amendment, among them being that since existing development in the Seminary property already has impacts, impacts from new development will not be as significant; being located within the City's urban service area, with most services already available; being located in a transition area between low and very low density development. WHEREAS, the City Council determined that the project shall be processed as a planned development; WHEREAS, the City Council adopted City Council Resolution No 9415 certifying the Environmental Impact Report to be complete and in compliance with the California Environmental Quality Act and the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED: That the City Council hereby approves the General Plan amendment entitled "The Lands of the San Jose Diocese" which consists of the map and policy amendment. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino, this 5th day of September, 1995, by the following vote: Y= AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Bautista, Burnett, Koppel Dean, Sorensen None None APPROVED: Mayor, City of Vapertino EXHIBIT A STATEMENT OF OVERRIDING CONSIDERATION LANDS OF THE DIOCESE OF SAN JOSE GENERAL PLAN AMENDMENT The following unavoidable significant impacts are identified in the Final EIR for the above General Plan amendment Loss of potential future open space. Visual impacts from the Forum, County Park and MROSD Open Space Preserve. ' Potential loss of bat nesting and roosting habitat. Loss of grassland forage habitat. Loss of woodland and grassland habitat. Loss of trees used by nesting birds. Intensification of human use and introduction of domestic pets. Property damage due to major local earthquake. F Numerous mitigations are proposed to reduce these impacts; however, they have not been reduced to an insignificant level. The Commission finds that the following considerations warrant the approval of the amendment Open Space A Cupertino General Plan policy encourages establishing a private open space zoning district which would allow an owner to designate portions of his property for open space. This amendment includes the designation of approximately 90/6 of the project area to private open space, which would be zoned private open space. The prominent knoll on the northeast side of the property and the steep, wooded southwest corner of the property are specifically protected in the Plan, which would be fulfilled with this amendment. The Cupertino General Plan states that purchase of the Diocese property is a top priority. This amendment includes the dedication of approximately 66% of the project area to public ownership or access. The prominent knoll on the northeast side of the property and the steep, wooded southwest comer of the property are specifically protected in the Plan, which would be fulfilled with this amendment. Recreational use by Cupertino and regional residents is a significant benefit to the local and regional community. The Plan further states that Cupertino residents should have access and linkages to parks and open space through bicycle paths and walkways. All new development should be evaluated to ensure that such access and linkages to and between parks and open space is maintained. The Trail Linkage map indicates linkages in this area. This amendment would assure public access and linkages. • 2 • Environmental_ Protection The General Plan encourages clustering of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines. The amendment fulfills this policy by providing adequate setbacks from Permanente Creek and the habitat and seep area of the red - legged frog.' The Plan calls for maximizing the number of native trees, which would be accomplished by this amendment through retaining as well as replacing oaks and other natives. Housing A goal of the Housing Element of the General Plan is to expand the supply of residential' units for all economic segments to achieve greater opportunity for current and future Cupertino employees and residents to obtain housing. This amendment would help meet the projected housing need. The General Plan requires that residential development participate in the Below Market Rate program. This amendment would help fulfill that requirement by providing affordable housing on site. The Plan does not permit expansion of the current urban service area, in order to limit development to lands within the existing urban service area. Therefore, it is upprop'riatc ` that additional housing be located at this site. Hillside Preservation In addition to the hillside preservation mitigations included in the Open Space section. the General Plan policy of protecting ridgelines and in impacts on adjacent hillsides and open space are fulfilled with this project. The most sensitive areas of the southwest comer and the northeast knoll are protected in permanent open space. Fiscal Benefits Fiscal analysis conducted during the comprehensive General Plan review and for this project found that residential development provided a fiscal benefit to the City. While the library and Fremont Union High School District initially will require additional funds for facilities, the costs will be made up in annual revenue received as a result of the project. overri2 0 0 CITY OF CUPERTINO PROPOSED GENERAL PLAN AMENDMENT LANDS OF THE DIOCESE OF SAN JOSE "PA-93 Function: This area has unique characteristics which define the areas suited for development as well as the areas appropriate for open space uses. 'Areas with the least environmental constraints can function as residential uses. Those with the most constraints, such as steep slopes, high vegetation and wildlife value, and are visually sensitive, etc., timction as wildlife habitat, private and public open space and recreational areas. Location: Bounded by Interstate 290, Cristo Rey Drive, Stevens Creek Boulevard. Development Activities: Residential, private and public recreation, cemetery, as located in the map for the Diocese Special Planning Area POLICIES Building Heights: See RHS regulations (Section 19.40 of the zoning ordinance) except as designated on the Land Use Map for this area Development Guidelines: Land Use Intensity Regulate residential land use intensity through a planned development zoning district. Access Access to residential development shall be as shown on the Land Use Map. Exact alignments shall be determined at the project development stage. Pedestrian and bicycle traffic shall be allowed on emergency access routes. Access other than for emergency, pedestrian and bicycle use to St. Joseph Avenue shall be precluded through such tools as an easement and project design. Riparian Corridor Protection Development activities shall be located 100' from the edge of the riparian vegetation. and open space easements are required which restrict uses within 100' to maintain existing conditions. Fencing of lot lines shall not interfere with wildlife movement. 0 2 0 Tree Protection Retain trees on the Seminary parcel according to the following schedule: Retain the healthy native trees. Retain as many non- natives as possible. Retain trees near the,, riparian zone and wild lands of San Antonio County Park and the deodor cedars in the center of the site. (Refer to Thomas Reid report of 5/24/95, items 3; &;4.) Retain the dead trees in the retention basin where feasible.. Provide a realistic balance of existing and replacement trees, as outlined below, Require bonds to protect specimen trees during construction. Retain as many mature trees as possible to continue the tree canopy as a backdrop for the; new houses. Retain the existing tree screen on the Seminary and along the creek or provide replacement landscaping buffers adjacent to and in the viewshed of the Park and Open Space preserve to the extent feasible. Eucalyptus groves may be removed unless retention is needed for a specific reasons, such as visual screening or wildlife habitat. If retained, they could be considered for removal at the time that new visual screening or native vegetation has matured. Mature trees which are diseased or unsafe may be removed under the guidance of a registered arborist. Replace each oak removed with five of the same species., If oaks arc ; retained, develop an oak woodland management plan. Wildlife Protection Preserve all oaks 19" dbh or greater for protection of the Pallid bat if determined to be present If tree removal is required, remove outside of nesting season. Time the demolition of the Seminary building when bats are least likely to be present.. Design development to avoid affecting the hydrology of the seep, as indicated in the land use map. Demarcate the buffer area with a fence that allows wildlife movement. Should it be needed to protect the red - legged frog, install an amphibian culvert under the residential road that crosses the wildlife corridor leading to the freshwater marsh. Increase the forage value of remaining grassland habitat on the Cristo Rey parcel to benefit raptors by developing a habitat management plan, for both the grassland and wetland areas. Provide two wildlife corridors in the Cristo Rey development area, with a minimum width of 150 feet between Cristo Rey Drive and the development tot he southeast and a 100 -150 foot minimum between the two development areas, as shown on the map for the Diocese Special Planning Area. Vegetation Protection Emphasize native plant materials and avoid invasive landscaping materials. Emphasize drip irrigation systems. Visual Considerations Provide landscaping and possibly berms to screen Acw houses 49m the park ; public,, ., roadways, and existing development, while retaining the natural setting and views as much as possible. At the zoning stage, consider an architectural review procedure. The architectural design will incorporate elements of Cupertino's traditional historic residences. The homes will include classic craftsman and ranch style elements to create a unique rural atmosphere. Porches and other design concepts that foster enhanced neighborhood interaction shall be incorporated. The residential structures shall take on the appearance of homes built with traditional materials that can weather over time and blend into the natural surroundings. Careful native landscaping within the linear park areas and all buffer zones shall be a part of and enhance the architecture. Select roof and wall materials and colors to blend with the background. Architectural profiles and grading should conform to and be subordinate to the existing landform. Landscaping shall be provided to screen the water tank, and the tank shall be painted -a natural and non - reflective color. Parks and Open Space Provide public and private open space as shown on the Land Use Map. Public open space areas appropriate for City ownership may include the Cristo Rey area (historic,;; knoll and red - legged frog habitat area). Appropriate areas for County ownership may be the buffer area west of the cemetery and riparian corridor area and hillside area southwest of the cemetery. Specific ownership boundaries, public access and uses shall be determined prior to or concurrent with the project development stage. Public open space shall consist of approximately 65% of the land. Passive uses, such as trails or vista points, are likely open space uses. Transfer of the public property to any other public entity acceptable to the City Council shall occur prior to recordation of the final map. To • • 4 assure park use, the City shall be given the right of first refusal for no value iI *the agency to which it is transferred disposes of the property. Private open space shall be secured by tools such as dedication of development rights or a private open space zoning district. Purchase of public open space shall be pursued, should it not be volunteered as part of the project. A neighborhood park may be considered for the property. At a minimum, tot lots or play apparatus areas shall be located in both the Seminary and Cristo Rey areas. Direct development away from the Williamson Act parcels until the contract's non - renewal period expires or is canceled. Proximity of Development to Cemetery Consider the proximity of residential development to the cemetery to minimize intrusion on the cemetery use. Grading and Geology All site development activities shall comply with the City's grading ordinances unless modified through a planned development agreement Conduct site specific seismic and slope stability studies for roadways and structures at the project stage. Restrict grading during the rainy season to reduce erosion: If unavoidable, implement erosion control measures. Drainage A final drainage study and improvement plan shall be requited at the project stage. A flood detention basin should be incorporated into the project designed to minimize affects from runoff during large storm events. Housing Conformance to the Housing Mitigation Manual is required, except that affordable housing units shall be provided on site and shall be duet -style units. These units shall be counted in the total of 178 units. Public Services - A 2 million gallon water tank shall be provided for the project, in conjunction with the City of Cupertino's water needs. Other locations or means to reduce visual impacts I 0 s less than significant shall be explored. Tank height shall not exceed 30 feet, unless not visible, the top of the tank must be at least 623 + - elevation, and tank edges shall be rounded. Participation in off -site improvements, as they relate to project impacts, may be required at the project level. Historic House Investigate possible historic preservation status or use for the Snyder house located in the southeast portion of the property. Electromagentic Fields A setback of 150 feet from the centerline of the transmission lines to building envelopes shall be maintained. Igpa93 I1 EMERGENCY ACCESS (EMERGENCY VEHICLES• PEDESTRIANS AND BICYCLISTS). POTENTIAL // DETENTION BASIN AREA /\ SINGLE STORY HOMES FIRST ROW NERT TO PARK 25' SETBACK O FROM PARK\. VEGETATION LINE LANDS OF THE SAN JOSE DIOCESE SPECIAL PLANNING AREA CUPERTINO, CALIFORNIA I � GENERAi, PLAN DIAGRAM 178 DWELLING UNITS ./SEMINARY �I n PARCEL` O 1�\ RESIDENTIAL \ AREA 1 1G0' SETBACK FROM nL` 95 UNITS RIPARIAN VEGETATION LINE CORPYARD USE EASEMENT PROPOSED ACCESS ROAD PROPOSED WATER TANK AREA-4a4a_ 1. arldrlW a—l.pr.el Arty leclW. W d...b t u—P.. pi.. —a a W . W W .w p.r.d rotlwT u u tL peam.. a W pt a..r u�il w I.aedM M tL acre P- 2. ikY i.. r.o.11e Pl.. W orb drip f.l..L m W drip daW �Yp. awn pl..b. W •prfae pis. d. Aa rleWds...n .ppteam.4 ab W Wn Mia d.a..d tr.r. 1••0oa !sY pia. rlr..mkv. trr r.rr .hs ulcvul.a hvr Wd10.W ..prrky r da.11.d LWsI<a 1. RIplfs .fol awn. tr. 19.e v ALTERNATIVE N ACCESS O )/ AREA . RANCHO SAN ANTONIO (^ \OUNTY PARK C MARYKNOLL SEMINARY JPOTENTIAL DETENTION — BASIN AREA VISUALLY — .SENSITIVE AREA % Land Use Summary Ac. Of Total Ac. Total Open Space (Public t Private) 155.7 (Minimum) 75% Total Development Envelope Areas and New R.O.W.'s 53.2 (Maximum) 25% Total Site 208.9 100% DRAINAGE SINGLE STORY HOMES PROTECTION AREA FIRST ROW NEXT TO PARA \ f 25' SETBACK FROM PARK COUNTY PARK MASTER PLAN EXPANSION AREA\ CORPYARD USE EASEMENT PROPOSED ACCESS ROAD PROPOSED WATER TANK AREA-4a4a_ 1. arldrlW a—l.pr.el Arty leclW. W d...b t u—P.. pi.. —a a W . W W .w p.r.d rotlwT u u tL peam.. a W pt a..r u�il w I.aedM M tL acre P- 2. ikY i.. r.o.11e Pl.. W orb drip f.l..L m W drip daW �Yp. awn pl..b. W •prfae pis. d. Aa rleWds...n .ppteam.4 ab W Wn Mia d.a..d tr.r. 1••0oa !sY pia. rlr..mkv. trr r.rr .hs ulcvul.a hvr Wd10.W ..prrky r da.11.d LWsI<a 1. RIplfs .fol awn. tr. 19.e v ALTERNATIVE N ACCESS O )/ AREA . RANCHO SAN ANTONIO (^ \OUNTY PARK C MARYKNOLL SEMINARY JPOTENTIAL DETENTION — BASIN AREA VISUALLY — .SENSITIVE AREA % Land Use Summary Ac. Of Total Ac. Total Open Space (Public t Private) 155.7 (Minimum) 75% Total Development Envelope Areas and New R.O.W.'s 53.2 (Maximum) 25% Total Site 208.9 100% .` EMERGENCY VEHICLE ACCE S h O�WS7RREY, D") > SINGLE 6TORY aOMES -FIRST ROW :.•� NEXT TO CRl8TO I DRIVE \ SUA�•f I POTENTIAL ill \AMr -OHIGIIATION CULVERT .`.. O ` GATE HEAVE C 58.4 AC. (1 ;ESID�M—T AREA 3 19 UNITS HISTORIC SNYDER 11�SE- , •;�: : , i AREA 4 62 UNITS i v BASIN AREA f 150' EMF SETBACK FROM •'�.�: ® CENTERLINE OF \ TRANSMISSION LINES \ i I P.G.&E / Oji , SUBSTATION Maximum Dwelling Unit Summary Unit Count Residential Area 1 95• Residential Area 2 12 Residential Area 3 19 Residential Area 4 62 Maximum Total 178• The m.eatam.r.l.a UW t coast for the Pk=ilg Art. b ria dweatag alta. Isd.0 g the alis rtqubed by th. eelsr. Market nate ptagr.la The a t comas Im the WdMdv.l natd—tW Ales. al­boee. ,hkh erred the [cast 0117B iu to .a.w for aerAalir.t 1be poled aye. p..ldmtltl Alm 1 a 4 . th= that h.re bees Wesnaed u p—U lir osuiaWg .Qord.bM hoaa.g u rtq.t-d by the aoa.Wg Ming.d.. Procedar.t M.suLL IIi'1gR q I ,S e�sTO 0 w Dom$ Legend Publicly Accessible Open Space Wildlife. Riparian and Drainage p, Drainage 8c [back Area 0 6. SUA Special Use Areas (� ® Single Story Height Limitation Areas ® ESD+ Setback Areas HISTORIC DE ANZA SITE Visually Sensitive Areas Single Story / Split Level Buildings Subject to Architectural Review. Land Used. of Tot��of rote. Residential Develoument�eue Development Envelope Areas and New R.O.W s (Maximum) 53.2 25% Private Open Space pYUnlmum) 18.3 9% Total Residential Development Areas 71.5 34% Publicly A2151 ]e Oven Svace caa Lands Dedicated to Public Agency 127.2 61% Linear Park Areas 10.2 5% • Total Publicly Accessible Open Space (Min.) 137.4 88% Total Site 208.9 1GO% • a..ld..d.l a...bpmt Al.r n •• I.eld... wp ta..bpr. pinu ops ul uavdM b W aev�! ah wWa u W pwW�. N W rl�e .e w1 W.t.n X'1�1 �� �rl- Date: September 5. 1995 SCALE IN FEET 0 100 2GO 400 800 800 1000 OWNER DIOCESE OF SAN JOSE LAND PLANNER GUZZARDO & ASSOCIATES. INC. 838 MONTGOMERY STREET SAN FRANCISCO, CA 94133 ESO 1(w� 'CqC, rj DRAINAGE PROTECTION AREA iww .` EMERGENCY VEHICLE ACCE S h O�WS7RREY, D") > SINGLE 6TORY aOMES -FIRST ROW :.•� NEXT TO CRl8TO I DRIVE \ SUA�•f I POTENTIAL ill \AMr -OHIGIIATION CULVERT .`.. O ` GATE HEAVE C 58.4 AC. (1 ;ESID�M—T AREA 3 19 UNITS HISTORIC SNYDER 11�SE- , •;�: : , i AREA 4 62 UNITS i v BASIN AREA f 150' EMF SETBACK FROM •'�.�: ® CENTERLINE OF \ TRANSMISSION LINES \ i I P.G.&E / Oji , SUBSTATION Maximum Dwelling Unit Summary Unit Count Residential Area 1 95• Residential Area 2 12 Residential Area 3 19 Residential Area 4 62 Maximum Total 178• The m.eatam.r.l.a UW t coast for the Pk=ilg Art. b ria dweatag alta. Isd.0 g the alis rtqubed by th. eelsr. Market nate ptagr.la The a t comas Im the WdMdv.l natd—tW Ales. al­boee. ,hkh erred the [cast 0117B iu to .a.w for aerAalir.t 1be poled aye. p..ldmtltl Alm 1 a 4 . th= that h.re bees Wesnaed u p—U lir osuiaWg .Qord.bM hoaa.g u rtq.t-d by the aoa.Wg Ming.d.. Procedar.t M.suLL IIi'1gR q I ,S e�sTO 0 w Dom$ Legend Publicly Accessible Open Space Wildlife. Riparian and Drainage p, Drainage 8c [back Area 0 6. SUA Special Use Areas (� ® Single Story Height Limitation Areas ® ESD+ Setback Areas HISTORIC DE ANZA SITE Visually Sensitive Areas Single Story / Split Level Buildings Subject to Architectural Review. Land Used. of Tot��of rote. Residential Develoument�eue Development Envelope Areas and New R.O.W s (Maximum) 53.2 25% Private Open Space pYUnlmum) 18.3 9% Total Residential Development Areas 71.5 34% Publicly A2151 ]e Oven Svace caa Lands Dedicated to Public Agency 127.2 61% Linear Park Areas 10.2 5% • Total Publicly Accessible Open Space (Min.) 137.4 88% Total Site 208.9 1GO% • a..ld..d.l a...bpmt Al.r n •• I.eld... wp ta..bpr. pinu ops ul uavdM b W aev�! ah wWa u W pwW�. N W rl�e .e w1 W.t.n X'1�1 �� �rl- Date: September 5. 1995 SCALE IN FEET 0 100 2GO 400 800 800 1000 OWNER DIOCESE OF SAN JOSE LAND PLANNER GUZZARDO & ASSOCIATES. INC. 838 MONTGOMERY STREET SAN FRANCISCO, CA 94133 ESO 1(w� 'CqC, rj