CC Resolution No. 19-091 Approving a General Plan Amendment to Development Allocations at the North Vallco Special Area RESOLUTION NO. 19-091
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A GENERAL PLAN AMENDMENT TO DEVELOPMENT
ALLOCATIONS AT THE NORTH VALLCO SPECIAL AREA
SECTION 1: PROTECT DESCRIPTION
Application No: GPA-2017-05
Applicant: Kimco Realty (Michael Strahs)
Property Owner: Cupertino Village, LP
Location: 10801 and 10805 North Wolfe Road (APN:316-45-017 and 316-05-56)
SECTION 11: RECITALS
WHEREAS, upon review of a General Plan Amendment Authorization Application
(GPAAuth-2016-01), the City Council of the City of Cupertino authorized the applicant
to submit an application for a General Plan Amendment and staff to review the proposed
General Plan Amendments on August 1, 2017;
WHEREAS, the City of Cupertino received the application for a General Plan
Amendment as described in Section I. of this resolution; and
WHEREAS, the Citywide Development Allocation Between 2014-2040(Table LU-1)of the
Cupertino General Plan has insufficient hotel room allocation to accommodate a 185
room hotel; and
WHEREAS, the General Plan Amendment to Development Allocations are fully
described and analyzed in the May 30, 2019 Final Draft Initial Study "The Cupertino
Village Hotel Project" (Draft IS/MND) (State Clearinghouse No. 2018112025); and
WHEREAS, on December 13, 2018, prior to making any recommendation regarding the
adoption of the Draft IS/MND, the City of Cupertino's Environmental Review Committee
held a duly noticed public hearing to receive public testimony where it reviewed and
considered the information contained in the Draft IS/MND, voted 5-0-0 to recommend
that the City Council to adopt the Draft IS/MND (EA-2017-06) and mitigation measures
with their motion; and
Resolution No. 19-091
Page 2
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 June 11, 2019 to consider the General Plan Amendment; and
I'
E
WHEREAS, on June 11, 2019, the Planning Commission, after considering the j
administrative record and the public hearing, exercised its independent judgment and
recommended adoption of the Final Draft IS/MND (EA-2017-06) for the Project on a 4-0-
1 vote, which incorporated all the identified mitigation measures as conditions of
approval for the Project prior to taking final action on the Project; and
WHEREAS,on June 11,2019 the Planning Commission recommended on a 4-0-1 vote that
the City Council approve the General Plan Amendment (GPA-2017-05), in substantially
similar form to the Resolution presented(Resolution no.6876), approve the Development
Permit(DP-2018-04) in substantially similar form to the Resolution presented(Resolution
No. 6877), approve the Architectural and Site Approval Permit (ASA-2017-09) in
substantially similar form to the Resolution presented (Resolution No. 6879), approve a
Use Permit (U-2018-03) in substantially similar form to the Resolution presented
(Resolution No. 6881), approve the Tree Removal Permit (TR-2017-46) in substantially
similar form to the Resolution presented (Resolution no. 6880) and approve a
Development Agreement (DA-2017-01) in substantially similar form to the Ordinance
presented (Resolution No. 6878); and
WHEREAS, on July 16, 2019, upon due notice, the City Council held a public hearing to
consider the General Plan Amendment; and;
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
i
this Resolution;
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on July 16, 2019, the City Council adopted Resolution No. [####]
adopting the Draft IS/MND;
WHEREAS, the applicant has met the burden of proof required to support said
application; and
SECTION III: RESOLUTIONS
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, the City Council hereby adopts:
1. Amendments to the General Plan (Application No. GPA-2017-05) as shown in
Exhibit GPA-1 and authorizes the staff to make grammatical, typographical,
Resolution No. 19-091
Page 3
numbering, and formatting changes necessary to assist in production of the final
published General Plan; and
NOW, THEREFORE, BE IT FURTHER RESOLVED:
The foregoing recitals are true and correct and are included herein by reference as findings.
NOW, THEREFORE, BE IT FURTHER RESOLVED:
The City Council finds this Resolution is within the scope of the Draft IS/MND and directs
the Director of Community Development to file a Notice of Determination with the Santa
Clara County Recorder in accordance with CEQA guidelines.
PASSED AND ADOPTED this 16th day of July 2019, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
!A, L&
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date
EXHIPIrT GPA-1
CHAPTER 3:LAND USE AND COMMUNITY DESIGN ELEMENT
POLICY LU-1.4:PARCEL ASSEMBLY POLICY LU-1.6:JOBS/HOUSING
Encourage parcel assembly and BALANCE
discourage parcelization to ensure Strive for a more balanced ratio of
that infill development meets City jobs and housing units.
standards and provides adequate
buffers to neighborhoods.
POLICY LU-1.5:COMMUNITY HEALTH
THROUGH LAND USE
Promote community health through
land use and design.
Table Development t
40
current current current current
built buitdout available built buildout available built buildout available built buildout available
(Oct 7.2014) (Oct 7.2014) I (Oct 7.2014) (Oat 7.2014)
Heart of 1,351.730 214,5000 793.270 2A47,500 2,464,613 17,113 404 526 122 1,336 1,805 469
the City ff _
Vauco I
Shopping i 1,207,774 i 120,7774 - - 2.000,000 21006.000 i 148 339 191 - 389 389
District—
Homestead i 291,408 ! 291.408 - 69.550 69,550 - 126 126 - 600 750 150
N.De Anza 56,708 I 56.708 - 2.081,021 2,081,021 126 126 - 49 146 97
N.Valico 1133,147 133.147 - 3.069.676 3.069,676 - 123 4-23 ias 554 1154 600
S.DeAnza I 352.283 352.283 - 130,708 130,708 - 315 315 = 6 6 -
Bubb - - - I 444,753 444,753 - - - -
MontaVista 94,051 99,698 5,647 "1140 456,73'S 13,595 - - - 828 878 50
Village
Other 144.964 1449", - 119,696 119,896 - - - - 18.039 18,166 127
Major _ 109,935 633.053 523,118 - - - - - -
Employers i
Cfri4 4499
Citywide i 3A32,065 4AX982 790.917 i 8,916.179 IIA70,005 2,553826, 1116 1429 an i 21,412 23,294 1.882
"Buddout totals for Office and Residential allocation within the Vallco Shopping District are contingent upon a Specific Plan being adopted for this area by May 31.2018 tf a Specific Plan is
not adopted by that date City will consider the removal of the Dffice and Residential allocations for Vallco Shopping District See the Housing Element(Chapter 4)for additional lnformahon
and requirements within the Vallco Shopping District.