CC Resolution No. 19-110 Amending the General Plan and General Plan Land Use Map to Establish Height Limits and Enact Development Standards for Residential Uses Within the Vallco Shopping District Special Area Identifying a RESOLUTION NO. 19-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE GENERAL PLAN AND GENERAL PLAN LAND USE MAP
TO ESTABLISH HEIGHT LIMITS AND ENACT DEVELOPMENT STANDARDS
FOR RESIDENTIAL USES WITHIN THE VALLCO SHOPPING DISTRICT
SPECIAL AREA AND IDENTIFYING A RECOMMENDED LOCATION FOR
FUTURE RESIDENTIAL DEVELOPMENT ON 13.1 ACRES OF THE SPECIAL
AREA
SECTION I: PROTECT DESCRIPTION
Application No: GPA-2019-02
Applicant: City of Cupertino
Location: 10101 to 10333 N Wolfe Rd
APN#s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20-095,
316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316-20-105,
316-20-106, 316-20-107
SECTION II: RECITALS
WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies
the Vallco Shopping District Special Area as being appropriate to accommodate at least
389 dwelling units at a minimum density of 20 units per acre and a maximum density of
35 units per acre and provides that if a specific plan is not adopted by May 31, 2018, the
City will consider removing the Special Area as a Priority Housing Site; and
WHEREAS, as required by Housing Element Strategy 1, at a study session on June 18,
2019 the City Council considered removing the Vallco Shopping District Special Area as
3
a Priority Housing Site; and
WHEREAS, after consideration of its options at the June 18, 2019 study session, the City
Council provided direction to staff to retain the Vallco Shopping District Special Area as
a Priority Housing Site, and City Council directed staff to prepare a General Plan
Amendment for its consideration to permit 389 residential units by right within the Vallco
Shopping District Special Area to accommodate the City's Regional Housing Need
Allocation (RHNA) consistent with the Housing Element and with Government Code j
Section 65863; and
WHEREAS, the proposed General Plan amendment would establish a minimum density
of 29.7 units per acre and a maximum density of 35 units per acre to permit residential
uses by right on 13.1 acres of the Vallco Shopping District Special Area, which would
accommodate between 389 and 458 residential units, consistent with the Housing
Element's requirements for the Special Area as a Priority Housing Site; and
WHEREAS, the proposed General Plan amendment is not a reduction in density as
defined by Government Code Section 65863 and the City has adequate sites to
accommodate its RHNA, so no additional findings are required to comply with
Government Code Section 65863; and
WHEREAS, this General Plan Amendment establishes height limits and enacts
development standards for residential uses within the Vallco Shopping District Special
Area(the"General Plan Amendment")to ensure that the policies and strategies contained
in the City's Housing Element are implemented and will allow for planning and
development that is consistent with the community's vision for the Vallco Shopping
District Special Area while the City continues its effort to develop a specific plan for the
Special Area; and
WHEREAS, the City has prepared a Second Addendum ("Second Addendum') to the
Final Environmental Impact Report ("Final EIR") for the General Plan Amendment,
Housing Element Update, and Associated Rezoning Project (State Clearinghouse No.
2014032007) for modifications to the General Plan and zoning affecting the Vallco
Shopping District Special Area in compliance with the California Environmental Quality
Act (Public Resources Code Section 21000 et seq.) ("CEQA") together with the State
CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.)
(hereinafter, "CEQA Guidelines"); 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 July 30, 2019 to consider the General Plan Amendment; and
WHEREAS, on July 30, 2019, the Second Addendum was presented to the Planning
Commission; and
WHEREAS, on July 30, 2019, by Resolution 6884, the Planning Commission
recommended on a 4-0 vote (Commissioner Moore recused) that the City Council adopt
a General Plan Amendment solely to impose height limitations within the Vallco
Shopping District Special Area subject to certain conditions and recommended that the
City Council adopt the Second Addendum for modifications to the Project(as defined in
Resolution No. 19-108) affecting the Vallco Shopping District Special Area; and
WHEREAS, on August 20, 2019, upon due notice, the City Council held a public hearing
to consider the General Plan Amendment; and
WHEREAS, on August 20, 2019, by Resolution No. 19-108, the City Council adopted the
Second Addendum to the Final EIR (EA-2013-03); and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution;
WHEREAS, prior to taking action on this Resolution, the City Council has exercised its
independent judgment and reviewed and considered the information in the Second
Addendum, which concludes that no further environmental review is required for the
General Plan amendment to establish height limits and enact development standards for
residential uses in the Vallco Shopping District Special Area.
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 finds that the proposed amendments are
consistent with the City's Comprehensive General Plan (Community Vision 2040),
including the Housing Element. The Housing Element of the General Plan identifies the
Vallco Shopping District Special Area as a "Priority Housing Site," that can accommodate 4
a portion of its Regional Housing Need Allocation (RHNA) by permitting 389 units "by
right" at a minimum density of 20 units per acre and a maximum density of 35 units per
acre. The amendments define development standards for the Vallco Shopping District
Special Area that will allow residential development by right on 13.1 acres at a minimum
density of 29.7 units per acre maximum density of 35 units per acre, which provides for
development of at least the 389 units called for in the Housing Element. The City Council
determined to retain the Vallco Special Area as a Priority Housing Site, and the proposed
amendments implement Housing Element Strategy 1 and related actions to enable the
development of at least 389 units by right within the Vallco Shopping District Special Area
to meet the City's RHNA, and therefore, they are consistent with the Housing Element.
NOW, THEREFORE, BE IT FURTHER RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, and based on the preceding findings, the City Council hereby
adopts:
1. Amendments to the General Plan (Application No. GPA-2019-02) as shown in
Exhibit GPA-02A and authorizes the staff to make grammatical, typographical,
numbering, and formatting changes necessary to assist in production of the final
published General Plan; and
2. Changes to the Land Use Map as shown in Exhibit GPA-02B.
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 directs staff to initiate a Specific Planning process for the portion of the
site designated "Regional Shopping." Consider as part of that process a plan that would:
include a maximum of 1,500 units of housing for the entirety of the Vallco Shopping
District Special Area inclusive of any and all housing and density bonuses, including
added incentives for features such as housing for extremely low income households and
housing for persons with disabilities (including developmental disabilities), and reduce
the amount of retail required within the Vallco Shopping District Special Area to 400,000
square feet exclusive of the parcel known colloquially as the Simeon Property.
NOW, THEREFORE, BE IT FURTHER RESOLVED:
The City Council directs the Director of Community Development to file a Notice of
Determination with the Santa Clara County Recorder in accordance with CEQA and the
CEQA Guidelines.
PASSED AND ADOPTED this 20th day of August 2019, at a Regular Meeting of the City
Council of the City of Cupertino by the following vote:
AYES: Scharf, Paul,Willey
NOES: Sinks
ABSTAIN: None
ABSENT: Chao (Recused)
SI c,
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Date
Grace Schmidt,City Clerk
EXHIBIT GPA-02A
Chapter 2, pa eg PA-8
CONTEXT
The Vallco Shopping District Special Area encompasses Cupertino's most significant
commercial center, formerly known as the Vallco Fashion Park. This Special Area is
located between Interstate 280 and Stevens Creek Boulevard in the eastern part of the
city. The North Blaney neighborhood, an established single-family area, is adjacent on
the west side of the Vallco Shopping District. Wolfe Road bisects the area in a north-
south direction7 and divides Shopping Pistfiet into-distinet subareas-. Va4ee
Shelgiging Pistr-iet Gateway West and Vallee SheigpiRg Pistfiet Gateway East. In recent
years there has been some facade improvement to the Vallco Fashion Mall;however,
there has been no major reinvestment in the mall for decades. Reinvestment is needed
to upgrade or replace older buildings and make other improvements so that this
commercial center is more competitive and better serves the community. C r-r-e '' the
retailers. The Vallco Shopping District is identified as a separate Special Area given its
prominence as a regional commercial destination and its importance to future
planning/redevelopment efforts expected over the life of the General Plan.
VISION
The Vallco Shopping District will continue to function as a major regional and
community destination. The City envisions this area as a new mixed-use "town center"
and gateway for Cupertino. It will include an interconnected street grid network of
bicycle and pedestrian-friendly streets, more pedestrian-oriented buildings with active
uses lining Stevens Creek Boulevard and Wolfe Road, and publicly-accessible grade-
level parks and plazas that support the pedestrian-oriented feel of the revitalized area.
New development in the Vallco Shopping District should be required to provide buffers
between adjacent single-family neighborhoods in the form of botmdary walls, setbacks,
landscaping or building transitions.
Vallco Shopping District Special Area Diagram:
K L
LEGEND
Regional Shopping
Regional Shopping/Residential
Transit Route
Chapter 3, Page LU-13
Table LU-1: citywide Develo ment Allocation Between 2014-2040
Commercial(s.f) Office(s.0 Hotel(rooms) Residential(units)
Current Current Current Current
Built Buildout Available Built Buildout Available Built Buildout Available Built Buildout Available
(Oct.7, (Oct.7, (Oct.7, (Oct.7,
2014) 2014) 2014) 2014)
Vallco
Shopping 1,207,774 1,207,774 - - - - 148 339 191 - 389 389
DistriCN'
**Buildout totals for Residential allocation within the Vallco Shopping District are available by-right as defined in
Government Code Section 65583.2.
Chapter 3, Pages LU-16 and 17
Figure LU-2: Community Form Diagram
Vallco Shopping District Special Area
.AT.,�t.of I - fe Rd Regional Shopping/ Regional Shopping East of Welie n a
Residential Maximum Residential Density
Maximum Residential Density 95 u,4ts per aEr.N/A-residential is not a
35 units per acre in areas identified in Figure LU-4 permitted use
Minimum Residential Density Maximum Height
29.7 units 12er acre in areas identified in Figure Per-Specific-Plan.Up to 60 feet
LU-4
Maximum Height
Per-Speeik Plan
U12 to 60 feet
[Amended Diagram to show the approximate location for the Regional
Shopping/Residential portion of the site]
1 r �
1 1
1
� 1
1
� 1
� 1
ti
1�
Building Planes:
• Maintain the primary building bulk below a 1:1 slope line drawn from the
arterial/boulevard curb line or lines except for the Crossroads Area.
• For the Crossroads area, see the Crossroads Streetscape Plan.
• For projects outside of the Vallco Shopping District Special Area that,are adjacent to
residential areas: Heights and setbacks adjacent to residential areas will be determined
during project review.
• For projects within the Vallco Shopping District Special Area that are adjacent to the
North Blaney/Portal neighborhood: Maintain the primary building bulk below a 2:1
slope line drawn from the adjacent residential property
• For the North and South Vallco Park areas ept the Vallee Sheigiging Distr-iEt
Speei ' Fe,`• Maintain the primary building bulk below a 1.5:1 (i.e., 1.5 feet of setback
for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and
Homestead Road curb lines and below 1:1 slope line drawn from Wolfe Road and
Tantau Avenue curb line.
Priority Housing Sites: Notwithstanding the heights and densities shown above, the
maximum heights and densities for Priority Housing Site identified in the adopted
Housing Element other than the Vallco Shopping District Special Area shall be as
reflected in the Housing Element. The Vallco Shopping District Special Area shall be
subject to the heights and densities shown above, with residential uses permitted in the
Regional Sho4242ing/Residential designation as shown in Figure LU-4.
Chapter 3, Page LU-18
4. Uses. Include a substantial viable, retail component. Retail and active uses such as
restaurants, outdoor dining, and entries are required along the ground floor of main
street frontages and such uses are optional on the ground floor of residential buildings
within the Regional Shopping/Residential designation. Mix of units for young
professionals, couples and/or active seniors who like to live in an active "mixed-use
village" environment. Office uses, if allowed, should provide active uses on the ground
floor street frontage, including restaurants, cafes, entries, lobbies, etc.
Chapter 3, Pages LU-50 and LU-51
VALLCO SHOPPING DISTRICT SPECIAL AREA
The City envisions a complete redevelopment of the existing Vallco Fashion Mall into a
vibrant mixed-use "town center' that is a focal point for regional visitors and the
community. This new Vallco Shopping District will become a destination for shopping,
dining and entertainment in the Santa Clara Valley.
POLICY LU-19.1: ALLOWED LAND USES
The following uses are allowed in the Vallco Shopping District Special Area (see Figure
LU-2 for residential densities and criteria and Figure LU-4 for location of allowable land
uses
1. Residential: Permit residential and ground floor commercial development within the
Uortion of the site designated for Regional Shopping/Residential uses in advance of
creating a specific plan at a maximum density of 35 dwelling units per acre and a
minimum density of 29.7 dwelling units per acre by right, with maximum heights as
shown in Figure LU-2. Limited ground floor commercial uses are permitted,but not
required in connection with residential development.
2. Non-Residential: Permit commercial uses consistent with the Regional Shonpi
Residential and Regional Shopping designation. Maintain a minimum of 600,000
square feet of retail that provide a good source of sales tax for the City.
Entertainment uses may be included but shall consist of no more than 30 percent of
retail uses.
POLICY LU-19.2: DEVELOPMENT STANDARDS
New development within the Vallco Shopping District Special Area shall be required to
comply with the following standards:
LU-19.2.1: "Town Center" Layout. (formerly LU-19.1.5)
Create streets and blocks laid out using "transect planning" (appropriate street and
building types for each area), which includes a discernible center and edges, public
space at center, high quality public realm, and land uses appropriate to the street and
building typology. Private streets must be open to the sky. Connections between
buildings are permitted at levels above the third floor for public serving uses or for
limited walkways (no wider than 10 feet) which may be private.
LU-19.2.2: Existing Streets. (formerly LU-19.1.7)
Improve Stevens Creek Boulevard and Wolfe Road to become more bike and
pedestrian-friendly with bike lanes, wide sidewalks, street trees, improved pedestrian
intersections to accommodate the connections to Rosebowl-Nineteen800, e++4 Main
Street, and the surroundingareas.
reas.
LU-19.2.3: Tribal Coordination.
The Ci , of Cupertino shall coordinate with applicable Native American tribal
representatives following approval of development in the Vallco Shopping District
Special Area to ensure appropriate cultural sensitive , training is provided to all
contractors prior to the start of ground-disturbing activities.
POLICY T T�LU-19.3: SPECIFIC PLAN
Create a Vallco Shopping District Specific,Plan prior to any development on the side
portion of the site with the Regional Shopping designation that lays out the land uses,
design standards and guidelines, and infrastructure improvements required. The
Specific Plan will be based on the following strategies:
STRATEGIES:
LU-19.3.1 r r T� 1 191 3: Master Developer.
Redevelopment of the portion of the site with the Regional Shopping designation
pursuant to the specific plan will require a master developer in order remove the
obstacles to the development of a cohesive district with the highest levels of urban
design.
LU-19.3.2 T T T�-T9-T 2: Parcel Assembly.
Parcel assembly and a plan for complete redevelopment of the site is required prior to
designating any additional area for residential uses adding residential and off___ ttc_c.
Parcelization is highly discouraged in order to preserve the site for redevelopment in
the future.
LU-19.3.3 T T T�3: Complete Redevelopment.
The "town center" plan should be based on complete redevelopment of the site in order
to ensure that the site can be planned to carry out the community vision.
T TT 19 1 A• Land TTs
The felle Fe allowed on the site
V (see Fv «t JV 7 feY YtV
; a,nfia1 densities ,,
�.L V Ll� LLL,„
V 1 �V v '
fn4i4ntiffi ef 600,000 sqttar-e feet ef retail that pr-e-,Ade a geed
^GCl tt V sales LLl/*
fer-the
City. gnter-tain,,znent uses+na�,be inelt44ed but shall Een-sist ef;-A A- fner-e d4aii 30 per-cent
f Fetail uses.
2 14 + 1. g 0 business la s lgete1 44 o f .-me 1 aeti*e uses
ineluding + lobbies, tail an stt1-GLI LLJ a is the groundfle
LJ
Sei319 � 5�L a 14-,cciv-4ye in an active "town cente"// ,„""„t.
LU 194 5-"Tew-Eenter-" J,.ay (now LU-19.2.1)
builjinV types ) edges,
space at / /
and land ttses algigr-elgr4ate te the street aid
LU-19.3.4 T TT T T�.6: Connectivity.
Provide a newly configured complete street grid hierarchy of streets, boulevards and
alleys that is pedestrian-oriented, connects to existing streets, and creates walkable
urban blocks for buildings and open space. It should also incorporate transit facilities,
provide connections to other transit nodes and coordinate with the potential expansion
of Wolfe Road bridge over Interstate 280 to continue the walkable, bikeable boulevard
concept along Wolfe Road. The project should also contribute towards a study and
improvements to a potential Interstate 280 trail along the drainage channel south of the
freeway and provide pedestrian and bicycle connections from the project sites to the
trail.
,,.0 1 O 1•7: Existing Streets. (Now LU-19.2.2)
imrove C+ ! ,s k 44e ,1 ,-.a .,,-.,a Wolfe Read l.^ Ll to be a h; -.,„7
l
r
lanes,pedestr-iaii 44endly with bike wide / street /
[Renumber LU-19.1.8 through LU-19.1.14 as LU-19.3.5 through LU-19.3.11.1
[New, more detailed Figure LU-4]
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w =
J -
>� 13 1 ACHES
I
I_
LEGEND
t♦Psp+^a:Sbapuq
(♦Rap+^u5kcn+pfR�nmuol
Figure LU-4
Appendix A, page A-6
Regional Shopping: This designation applies to the portions of the Vallco Shopping
District Special Area that do not allow residential uses. This designation allows
commercial uses that include retail sales, businesses, and service establishments with
direct contact with customers. High-performing retail, restaurant and entertainment
uses are permitted. Hotel uses are permitted, and a business class hotel with conference
center and active uses including main entrances, lobbies, retail and restaurants on the
ground floor is encouraged.
Regional Shopping/ Residential: This designation to the portions of the Vallco
Shopping District Special Area that allow residential uses. This designation allows
residential development at a maximum density of 35 dwellingunits nits per acre and a
minimum density of 29.7 dwelling units per acre by right. Limited, supporting
commercial uses that include retail sales, businesses, and service establishments with
direct contact with customers on the ground level are permitted but not required.
High-performing retail, restaurant and entertainment uses are permitted. The
development may result in structures with up to five levels in residential only
structures or up to six levels in structures that include ground-floor commercial uses
with the heights indicated in Figure LU-1.
EXHIBIT GPA - 02B
U
GENERAL PLAN LAND USE MAP
DESIGNATE 13.1 ACRES OF VALLCO SITE AS REGIONAL
Low r SHOPPING/RESIDENTIAL;
Density(1-5 DESIGNATE REMAINDER TO BE REGIONAL SHOPPING
DUTAc.)
EDIT LEGEND TEXT:NOTWITHSTANDING THE DENSITIES
--AUbU+n br� SHOWN ABOVE, SITES DESIGNATED AS PRIORITY HOUSING
�- — SITES IN THE ADOPTED HOUSING ELEMENT SHALL HAVE THE
Low DENSITIES SHOWN IN THE HOUSING ELEMENT AS FURTHER
Density(1-5
DUTAc.) DEFINED IN FIGURE LU-2 IN THE LAND USE ELEMENT.
M re r+tt Dr
Regional
Shopping
>
5 Low Q
o Density(1-5 -
a DU/Ac.) 3
❑ 0 -
Low
Density(1-5 d
DUlAc.) N
4—
Amherst Dr
Regional
Shopping
= Z
VALL O SH
DISTRI SPEC
i HEART OF THE CITY
• SPECIAL AREA
Wheaton Dr
ow Density(1-5
DU/A:'1.............1
i
HEART OF
THE CITY
SPECIAL AREA i
Steve nsr•C•reek--B-ivd.................••_
o m
0 500 1,000 L
Feet
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