CC Ordinance No. 19-2187 Eliminating References in the Municipal Code to the Vallco Town Center Specific Plan and Adding Language Establishing Development Standards for a New Mixed Use Planned Development with Multifamily ORDINANCE NO. 19-2187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ELIMINATING REFERENCES IN THE MUNICIPAL CODE TO THE
VALLCO TOWN CENTER SPECIFIC PLAN AND ADDING LANGUAGE
ESTABLISHING DEVELOPMENT STANDARDS FOR A NEW MIXED USE
PLANNED DEVELOPMENT WITH MULTIFAMILY (R3) RESIDENTIAL
AND GENERAL COMMERCIAL ZONING DESIGNATION (P(R3,CG))
SECTION L PROTECT DESCRIPTION
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Application No: MCA-2019-01
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,
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2019 the City Council considered removing the Vallco Shopping District Special Area as
a Priority Housing Site; and
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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 j
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 Government Code Section
65863; and
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WHEREAS, following a duly noticed public hearing on August 20, 2019, and prior to
the Council's consideration of the Municipal Code amendments, the Council adopted
Resolution No. 19-109, approving a General Plan Amendment to remove office uses as
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a permitted land use within the Vallco Shopping District Special Area and remove the
associated office development allocation, and Resolution No. 19-110, approving a
General Plan Amendment to establish height limits and enact development standards
for residential uses within the Vallco Shopping District Special Area; and
WHEREAS, the Ordinance amends the City's Municipal Code to add a new zoning
category, Mixed Use Planned Development with Multifamily (R3) Residential and
General Commercial zoning designation (P(R3,CG)), to the text of the Municipal Code
that includes development standards enabling the mixed use or residential-only
development contemplated for the Vallco Shopping District Special Area; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public
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health, safety, convenience, and general welfare, and the amendments herein are
necessary to implement the Housing Element of the General Plan as adopted; 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 j
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 Ordinance; 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 and September 3, 2019, upon due notice, the City
Council has held at least two public hearings to consider the Municipal Code
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
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WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, prior to taking action on this Ordinance, 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
Municipal Code Amendments included in the Ordinance.
SECTION III
NOW, THEREFORE, BE IT ORDAINED:
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After careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, the City Council hereby adopts the Municipal Code amendments
based on the findings described above, the public hearing record, subject to the conditions
specified below:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council finds the following as set forth by Municipal Code
19.152.020.C:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and
the City's Comprehensive General Plan (Community Vision 2040) and the proposed
amendments are internally consistent with Title 19 of the Municipal Code.
The Housing Element of the General Plan calls for the City to permit at least 389 dwelling units
in the Vallco Shopping District Special Area. The General Plan Amendments (adopted at the
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August 20, 2019 City Council meeting with Resolution Nos. 19-109 and 19-110) modify the
Land Use Element of the General Plan to remove office as a permitted use within the Vallco
Shopping District Special Area and define development standards that will allow residential
development by right on 13.1 acres at a maximum density of 35 dwelling units per acre. The
proposed municipal code amendments would rezone the properties within the Vallco Shopping
District Special Area for consistency with the General Plan, as amended by General Plan
Amendments GPA-2019-01 and GPA-2019-02, and other relevant portions of the Municipal
Code.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act(CEQA).
The City has prepared a Second Addendum Final EIR for the General Plan Amendment,Housing
Element Update, and Associated Rezoning Project that analyzes the potential environmental
effects of the proposed zoning amendments. The City Council has exercised its independent
judgment and reviewed and considered the information in the Second Addendum, which
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concludes that no further environmental review is required for the proposed zoning amendments
to comply with CEQA.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints)for
the requested zoning designation(s) and anticipated land use development(s).
The sites being rezoned have access to utilities and are compatible with adjoining land uses. To
the extent that there are deficient utilities, the City has adopted mitigation measures to ensure
that any future development would need to provide the appropriate utilities to accommodate the
development. The proposed zoning would implement the Housing Element and the Land Use
Element of the General Plan,as amended by General Plan Amendments GPA-2019-01 and GPA-
2019-02, which include development standards to permit at least 389 residential units and
complementary commercial uses on the site, which are compatible with anticipated land use
development in the area.
4. The proposed zoning will promote orderly development of the City.
The sites being rezoned will promote orderly development in the City by allowing a critical mass
of development to be proposed along the City's Priority Development Area (PDA) in which
future development is anticipated without exceeding the vision for housing and complementary
commercial development required in the Housing Element and Land Use Element of the General
Plan, as amended by General Plan Amendments GPA-2019-01 and GPA-2019-02.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes that are necessary to implement the Housing Element and
Land Use Element of the City's General Plan, as amended by General Plan Amendments GPA-
2019-01 and GPA-2019-02. Additionally, where health or safety impacts have been identified in
the Final EIR, mitigation measures have been identified which would be applicable to any
development on these sites.
Section 3. The City Council approves the Amendments to the Municipal Code
(Application No. MCA-2019-01) as shown in Exhibit A and authorizes the staff to make'
grammatical, typographical, numbering, and formatting changes necessary to assist in
production of the final published Municipal Code.
Section 4. If any portion of this Ordinance or its application is for any reason
held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of
the remaining portions of the Ordinance, or its application to any other person or
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circumstance.The City Council hereby declares that it would have adopted each section,
sentence,clause or phrase of this Ordinance,irrespective of the fact that any one or more
other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
Section 5. 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.
Section 6 This Ordinance shall not take effect unless and until General Plan
Amendment GPA-2019-02 becomes effective.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 20th day of August, 2019 and ENACTED at a regular meeting of the City Council of j
the City of Cupertino the 3rd day of September, 2019 by the following vote:
AYES: Scharf, Paul, Willey j
NOES: Sinks
ABSTAIN: None
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ABSENT: Chao (Recused).
SIGJJ� �
JA
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Steven Scharf,Mayor Date 0 1
a
City of Cupertino
ATTEST:
Date
Grace Schmidt, City Clerk
APPROVED AS TO FORM:
Heather Minner,City Attorney Date
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Exhibit A
19.12.030 Approval Authority.
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and
Extension Dates for different types of Permits.
Table 19.12.030 -Approval Authority
Desig Public
Hearing/ Post
Type of n Plannin Administrat Revie p g City Public Noticing/ ed Expirati Chapter/
ter/
Permit or Coun Meeting/ Noticing Site on Date
Decision A.B ive Review w Commi cil Commen Radius ° Noti E Findings
Comm ssion t Period ce
ittee c
General Plan Amendment
Major F - - R F PH CA. Yes - CA.
Govt. Govt.
Code Code
R F PH 65350- Yes - 65350-
Minor 65362 65362
Zoning Map Amendments
CA. 19.152.0
Major F - - R F PH Govt. Yes - 20
Code
65853-
Minor - - R F PH 65857 Es
-
CA.
Govt. 19.152.0
Zoning Text - - R F PH Code - - 30
Amendments 65853-
65857
CA.
Govt. 20.04.03
Specific - - R F PH Code - - 0
Plans 65350-
65362
CA.
Development - - R F PH Govt. Yes - 19.144.1
Agreements Code 20
65867
Development Permits
Major F," - - F/R A'/F PM 19.12.11 Yes 2 years 19.156.0
FF - A' Az PM 0/300' Yes 2 years 50
inor�
6
Table 19.12.030 -Approval Authority
Desig Public
n Plannin Hearing/ Post
Type of Administrat Revie City Public Noticing/ ed Expirati
Permit or g Coun Meeting/ Noticing Site on Date Chapter/
Decision ^ B ive Review w Commi cil Commen Radius ° Noti a Findings
Comm ssion t Period ce
ittee C
Conditional Use Permits
Major F,"'' F - A'/F/R AziF PH CA. Yes 2 years
Govt. 19.156.0
Al, EP
Code 50
Minor c,I F - A'/F/R A2/F 65905 Yes 2 years
None
Temporary F - A' A2 - None No 1 year 19.160.0
30
Based on
Density concurre
Bonus R F nt
19.52
(Residential) applicatio
n
Adult- CA.
Govt. 19.128.0
Oriented R F PH Code Yes 2 ears 30 &
Commercial - y 19.128.0
Activity 65905/30 40
(CUP) 0
Architectural and Site Approval
Major F - A' A2 PM 19.12.11 Yes 2 years 19.168.0
Minor K F T-11
A' A2 PM 0/ Yes 2 years 30
Amendment
Major F," - - F A' Varies L Depends Yes 2 years
on permit 19.144,
being 19.156,
Minor c F - A' A2 Varies L amended Yes 2 years 19.164
L
Minor F - A' A2T--
None No 2 years 19.164
Modification
Hillside 19.12.11 19.40.08
Exception/ - - F A' PH 0/300' Yes 2 years 0,
Height 19.24.07
Exception/ 0,
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Table 19.12.030 -Approval Authority
Desig Public
Hearing/ Post
Type of n Plannin Administrat Revie g p City Public Noticing/ ed Expirati Chapter/
ter/
Permit or Coun Meeting/ Noticing D Site on Date Findings
ive Review w Commi cil Commen Radius Noti
Decision n,B Comm ssion
ittee t Period ce
c
Heart of the 19.136.0
City 90
Exception '
CA.
F - A' A2 PH Govt. Yes 2 years 19.156.0
Variance Code 60
65905
Status of
non- - - F A' PH 300 11 19.140.1
Yes -
conforming 0/300' 10
Use
Depends
Wireless F - F/A' A2 Varies ' on Yes 2 years 19.136.0
Antennas applicatio 90
n type
Signs
Permits F - A' A2 - None No 1 year 19.104
Neon,
Reader board F F Alm PM 19.12.11 No 1 year 19.104
& Freeway - 0/300'
Oriented
Signs '
Programs F - A' A2 - None No 1 year 19.104
19.12.11
- F - A'M PM 0/ Yes 1 year 19.104.2
Exceptions 90
Adjacent
19.12.11
0/
Parking F F A' A1M 2 Varies " Yes 1 year 19.124.0
Exceptions ' /A Adjacent/ 50
300' 0
19.12.11
Fence - F - A'L PM 0/ Yes 1 year 19.48.06
Exceptions 0
Adjacent
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Table 19.12.030 -Approval Authority
Desig Public
Hearing/ Post
Type of Administrat Revie Plannin City Public Noticing/ ed Expirati
Permit or g Coun Meeting/ Noticing Site on Date Chapter!
Decision A,B ive Review w Commi cil Commen Radius ° Noti a Findings
Comm ssion t Period ce
ittee C
19.12.11
Front Yard F - A' A2 PM 0/ Yes 1 year 19.08
Interpretation
Adjacent
R-1 Ordinance Permits
1L
Two-story' F F F/A' /A2 Varies ' 19.12.11 Yes 1 year 19.28.14
ll I 1
0/
Minor F r
A' A2 CP No 1 year
Residential1i Adjacent
Exceptions ' - F - A'M PM Yes 1 year
Protected Trees
Adjacent 14.18.18
Tree F - A' A2 CP unless Yes 1 year 0
Removal exempt
Heritage Tree 19.12.11
Designation - - F A' PM 0/ Yes - 14.18
& Removal 300'
Tree
Management F - A' A2 - None No - 14.18
Plan
Retroactive
Tree F - A' A2 - None No - 14.18
Removal
Reasonable F - A' A2 - None No —ILL]year 19.52.05
Accom modati 0
on
Extensions P
Parking,
Fence & Sign
Exceptions & F - A' Az - None No 1 year
Front Yard
Interpretation
s
Neon, F A' A2 - None No 1 year
Reader board
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Table 19.12.030 -Approval Authority
Desig Public
Hearing/ Post
Type of Administrat Revie Plagnin City Public Noticing/ ed Expirati Chapter/
Permit or Coun Meeting/ Noticing Site on Date
Decision A,B ive Review w Commi cil Commen Radius ° Noti E Findings
Comm ssion t Period ce
ittee C
& Freeway
Oriented
Signs E:1
Two Story
Permits,
Minor F A' Az - None No 1 year
Residential
Permits and
Exceptions
Tree F - A' A2 - - Poll
1 year
Removals
19.12.11
All other F - A' A2 - 0/ No 2 years
projects None
KEY:
R—Review and recommendation body F—Final decision-making body unless appealed
A'—Appeal Body on first appeal A2—Appeal body on second appeal
PH—Public Hearing PM—Public Meeting
CP—Comment Period
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of the Director of
Community Development.
B. Projects with combined applications shall be processed at the highest level of approval in
conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public
Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period:
Project types that need only a mailed notice and do not need a public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing
radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the maximum
expiration date allowed for any one of the development applications (not including Subdivision Map Act
applications, General Plan Amendments and Zoning Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for more
than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential
use, or greater than six residential units.
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G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -for ten
thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential
use, or six or less residential units.
H. City Council review for applications with new development greater than fifty thousand square feet of
commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other
non-residential use, and/or greater than fifty residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the subject property
or project for approval authority.
J. Major Architectural and Site Approval application - architectural and site approval for all projects that
are not a Minor Architectural and Site Approval application.
K. Minor Architectural and Site Approval application - single family home in a planned development
zoning district, minor building architectural modifications, landscaping, signs and lighting for new
development, redevelopment or modification in such zones where review is required and minor
modifications of duplex and multi-family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Appeals of Design Review Committee decisions shall be heard by the City Council.
N. Parking Exceptions approved by the Director of Community Development need a comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
O. Parking Exceptions in Single-family residential (R1)zones and Duplex (R2)zones need adjacent
noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the
subject property.
P. Application must be filed prior to expiration date of permit. Permit is extended until decision of the
Approval Body on the extension.
19.16.010 Zoning Districts Designated.
B. In addition to the zones identified in Table 19.16.010A, the City may establish
separate zoning districts in individual specific plans adopted to promote the orderly
development of the plan area. These zoning districts are identified in Table 19.16.010B
below:
Table 19.16.010B - Specific Plan Districts
Zoning Map Designation Specific Plan Name
Heart of the City Heart of the City
VTG Vallnn Town Gent � ake Town (`enter
'v-rv-v-aTrcv�vvvrrvcrrce•r
Land uses and development standards within a specific plan zone shall be as
prescribed in the specific plan.
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19.16.030 Zoning Map and District Boundaries.
A. The boundaries of districts established by this title shall be shown upon the zoning
map. The zoning map, and all amendments, changes, and extensions thereof, and all
legends, symbols, notations, references, and other matters shown thereon shall be a
part of this title.
B. The zoning map, as currently effective, and a record of all amendments, changes
and extensions thereof, shall be maintained as a public record in the office of the
Director of Community Development.
C. The boundaries of each district as shown upon the zoning map, or amendments
thereto, are adopted by the ordinance codified in this title, and the specific regulations
established by this title for each general district and all other regulations applicable
therein as set forth in this title are established and declared to be in effect upon all
portions of lands included within the boundaries of each and every district as shown
upon the zoning map.
19.16.060 Application of Regulation to Sites Divided by Zone Boundaries.
Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a
boundary between districts, the provisions of the zoning regulations applicable within
each district shall apply only to eac-k-the portion of this site situated in each a separate
district.
19.80.030 Establishment of Districts—Permitted and Conditional Uses and
Development Standards.
A. Planned development zoning districts may be established, modified or removed
from the zoning map, and the regulations applicable to any planned development district
may be established, modified or deleted in accord with the procedures described in this
chapter.
B. All P districts shall be identified on the zoning map with the letter coding "P"
followed by a specific reference to the general type of use allowed in the particular
planning development zoning district. For example, a planned development zoning
district in which the uses are to be general commercial in nature, would be designated
"P(CG)." A planned development zoning district in which the uses are intended to be a
mix of general commercial and residential would be designated "P(CG/Res)."
C. Permitted uses in a P zoning district shall consist of all uses which are permitted
in the zoning district which constitutes the designation following the letter coding
"P." For example, the permitted uses in a P(CG) zoning district are the same uses
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which are permitted in a CG zoning district for sties with a mixed-use residential
designation, Section 19.80.030F shall apply.
D. Conditional uses in a P zoning district shall consist of all uses which require the
issuance of a conditional use permit in the zoning district which constitutes the
designation following the letter coding "P." For example, the conditional uses in a
P(CG) zoning district are the same uses which require a conditional use permit in CG
zoning district. Each conditional use in a P zoning district requires a separate
conditional use permit for sites with a mixed-use residential designation,
Section 19.80.030F shall apply.
E. The general category of uses in a P zone shall be defined at the time of the
conceptual plan, and shall be consistent with the adopted General Plan relative to the
property in the application. The development standards and regulations of the
permitted and conditional uses shall be established in conjunction with the approval of
the conceptual and definitive plans, unless specifically identified in Section 19.80.030F
below. Developments which are not subject to discretionary approval by the City must
comply with the development standards of the underlying zoning district.
F. For sites with a mixed-use residential designation the following shall apply:
1. For sites in the Monta Vista Village Special Area, residential shall be a permitted
use.
2. If a site is listed as a Priority Housing Site in the City's adopted Housing Element
of the General Plan, then residential development that does not exceed the number of
units designated for the site in the Housing Element shall be a permitted use.
3. Residential development on sites not designated as Priority Housing Sites in the
City's adopted Housing Element of the General Plan and residential development on a
Priority Housing Site that exceeds the number of units designated for that Priority
Housing Site shall be a conditional use.
4. Priority Housing Sites shall be shown on the City's zoning map.
5. For sites zoned P(R3, CG), no conceptual or definitive plans shall be required to
establish permitted and conditional uses. Multifamily residential use is the primary
permitted use. Commercial uses may be incorporated into the development on the
ground floor but shall not be the primary permitted use.
G. For sites which require a specific plan prior to development approval, the
permitted and conditional uses and all development regulations shall be as shown in the
specific plan.
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 19-2187, which was
enacted on September 3, 2019, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 6WI-day of September, 2019.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California