CC Packet, 9-3-2019 with just agenda and item 11 docsCITY OF CUPERTINO
CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber
Tuesday, September 3, 2019
5:30 PM
Televised Special Meeting Study Session (5:30) and Regular Meeting (6:45)
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Tuesday, September 03, 2019, commencing at 5:30 p.m. in Community Hall
Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting
shall be for the purpose of conducting business on the subject matters listed below under
the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California.
SPECIAL MEETING
ROLL CALL - 5:30 PM
STUDY SESSION
1.Subject: Study Session regarding Below Market Rate (BMR) Residential Housing
Mitigation and Commercial Linkage Fees for the Cupertino BMR Housing Program.
Application No(s).: CP-2019-01; Applicant(s): City of Cupertino; Location: Citywide
Recommended Action: Receive update and provide any input to Staff
Staff Report
A – July 2019 Economic Feasibility Analysis prepared by Strategic Economics
B – LeSar Development Consultants Peer Review
C – Redline Draft Economic Feasibility Analysis prepared by Strategic Economics
D –Strategic Economics Memorandum Regarding Peer Review
ADJOURNMENT
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
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City Council Agenda September 3, 2019
1.Subject: Present award to Vishnu Athrey from Saint Andrews Episcopal School for
winning the Qalaxia Build_your_ BOT contest.
Recommended Action: Present award to Vishnu Athrey from Saint Andrews Episcopal
School for winning the Qalaxia Build_your_ BOT contest.
2.Subject: Proclamation for September as National Preparedness Month
Recommended Action: Present Proclamation for September as National Preparedness
Month
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter not on
the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual
speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to
individual speakers, or reschedule remaining comments to the end of the meeting on a first come first
heard basis, with priority given to students. In most cases, State law will prohibit the Council from
discussing or making any decisions with respect to a matter not listed on the agenda.
REPORTS BY COUNCIL AND STAFF (10 minutes)
3.Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
4.Subject: Approve the August 6 City Council minutes
Recommended Action: Approve the August 6 City Council minutes
A - Draft Minutes
5.Subject: Approve the August 20 City Council minutes
Recommended Action: Approve the August 20 City Council minutes
A - Draft Minutes
6.Subject: Resolution adopting the City of Cupertino's State-mandated Green
Stormwater Infrastructure (GSI) Plan
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City Council Agenda September 3, 2019
Recommended Action: Adopt Resolution No. 19-112 adopting the City of Cupertino's
Green Stormwater Infrastructure (GSI) Plan which demonstrates the City's long-term
commitment to implementation of green stormwater infrastructure as required by the
City's Municipal Regional Stormwater Permit for the San Francisco Bay Region
Staff Report
A - GSI Plan
B - GSI Plan Appendices
C - GSI Plan Framework
D - GSI Resolution
7.Subject: Award of contract to G. Bortolotto & Company, Inc. for $270,000 for 2019
Speed Table Installation Project No. 2019-112
Recommended Action: Authorize the City Manager to award a contract to G.
Bortolotto & Company, Inc. in the amount of $246,100 and approve a construction
contingency of $24,000 for a total of $270,000 for 2019 Speed Table Installation Project
No. 2019-112
Staff Report
A - Contract Documents
8.Subject: 2018-2019 Civil Grand Jury of Santa Clara County Report Entitled, "Inquiry
into Governance of the Valley Transportation Authority"
Recommended Action: Approval of response to the 2019-2019 Civil Grand Jury of
Santa Clara County Report Entitled, "Inquiry into Governance of the Valley
Transportation Authority"
Staff Report
A - Civil Grand Jury of Santa Clara County Report
B - Response Letter to Civil Grand Jury of Santa Clara County
9.Subject: Amendment to existing voluntary collection agreement with Airbnb regarding
transient occupancy taxes to allow certain short-term rental hosts to remit taxes directly
to the City
Recommended Action: Authorize the City Manager to enter into Amendment No. 1 to
the voluntary collection agreement with Airbnb and to enter into other minor
amendments to the voluntary collection agreement in the future
Staff Report
A - Draft Amendment to VCA
B - VCA Staff Report 6.19.18
10.Subject: Library Commission Fiscal Year (FY) 2019-20 Work Program
Recommended Action: Approve the Library Commission FY 2019-20 Work Program
Staff Report
A - Draft Library FY 2019-20 Work Program
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City Council Agenda September 3, 2019
SECOND READING OF ORDINANCES
11.Subject: Second reading of Ordinance Nos. 19-2187 and 19-2188 adopting Zoning Text
and Map Amendments related to the Vallco Shopping District Special Area.
Application No(s).: MCA-2019-02, Z-2019-01 (EA-2013-03); Applicant(s): City of
Cupertino; Location: 10101 to 101333 North Wolfe Road APN#s:316-20-080, 316-20-081,
316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104, 316-20-088,
316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095)
Recommended Action: Conduct the second reading and enact:
1. Ordinance No. 19-2187 (MCA-2019-01): "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))" and
2. Ordinance No. 19-2188 (Z-2019-01): "An Ordinance of the City Council of the City of
Cupertino amending the zoning map to rezone 13.1 acres within the Vallco Shopping
District Special Area to Mixed Use Planned Development with Multifamily (R3)
Residential zoning P(R3,CG) and General Commercial uses and the remainder of the
Special Area to General Commercial (CG)"
Staff Report
A - Ordinance No. 19-2187 (MCA-2019-01) - Municipal Code Amendments
B - Ordinance No. 19-2188 (Z-2019-01) - Zoning Map Amendments
C - Area to be zoned P(R3, CG)
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
12.Subject: Application and Review Procedures for Projects Proposed Pursuant to Senate
Bill 35 (Application No(s): CP-2019-04; Applicant(s): City of Cupertino; Location:
Citywide)
Recommended Action: That the City Council find adoption of the proposed Resolution
exempt from CEQA, adopt Resolution No. 19-113 for Application and Review
Procedures for Projects proposed pursuant to Senate Bill 35, and review and provide
any input on the Draft Senate Bill 35 Application Package.
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City Council Agenda September 3, 2019
Staff Report
A - Draft Resolution
B - SB 35 Application Package and Forms
C - Staff Report without attachments (SB 35 item)
D - SB 35 Procedures CC Supplemental Staff Report
E - SB 35 Statute as Amended
F - HCD Guidelines (SB 35 Item)
G - Comments from PC and CC (SB 35 item)
H - Draft Resolution with redlines
I - SB35 Application Package with redlines
13.Subject: Options for unofficial transcription of City Council meetings (continued from
July 16)
Recommended Action: Receive options for unofficial transcription of City Council
meetings and provide direction to staff to use the free YouTube auto-captioning feature
for transcription of Council meetings.
Staff Report
ORAL COMMUNICATIONS - CONTINUED (As necessary)
COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the
next City Council meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council
meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be
made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
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City Council Agenda September 3, 2019
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City.
Members of the public are entitled to address the City Council concerning any item that is described in
the notice or agenda for this meeting, before or during consideration of that item. If you wish to address
the Council on any issue that is on this agenda, please complete a speaker request card located in front
of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to
the podium and the Mayor will recognize you. If you wish to address the City Council on any other
item not on the agenda, you may do so by during the public comment portion of the meeting following
the same procedure described above. Please limit your comments to three (3) minutes or less.
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CITY COUNCIL STAFF REPORT
Meeting: September 3, 2019
Subject
Second reading of Ordinance Nos. 19-2187 and 19-2188 adopting Zoning Text and Map
Amendments related to the Vallco Shopping District Special Area. (Application No(s).:
MCA-2019-02, Z-2019-01 (EA-2013-03); Applicant(s): City of Cupertino; Location: 10101
to 101333 North Wolfe Road APN#s:316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-
20-101, 316-20-105, 316-20-106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-
099, 316-20-100, 316-20-095)
Recommended Actions
Conduct the second reading and enact:
1. Ordinance No. 19-2187 (MCA-2019-01), an ordinance 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))
Attachment A); and
2. Ordinance No. 19-2188 (Z-2019-01), an ordinance amending the zoning map to rezone
13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned
Development with Multifamily (R3) Residential zoning P(R3,CG) and General
Commercial uses and the remainder of the Special Area to General Commercial (CG)
Attachment B).
Discussion
On August 20, 2019 the City Council introduced and conducted the first reading of
Ordinance Nos. 19-2187 and 19-2188. The motions passed on a 3-0-1 vote (No – Sinks,
Recuse – Chao). The City Council motion for Ordinance No. 19-2187 included
incorporation of amendments shown on dais materials provided to Council. The Council
also identified the portion of the site to be zoned P(R3, CG) (see Attachment C).
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Environmental Review
Pursuant to the requirements of the California Environmental Quality Act (CEQA), a
Second Addendum to the Final Environmental Impact Report (EIR) for the General Plan
Amendment, Housing Element Update, and Associated Rezoning Project (State
Clearinghouse No. 2014032007), a program EIR prepared in compliance with California
Environmental Quality Act (CEQA) Guidelines Section 15168, was prepared. As
demonstrated in the Second Addendum and response to comments, the record includes
substantial evidence in support of the conclusion that no subsequent environmental
review is required because none of the conditions that would require preparation of a
subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines
Section 15162 have occurred.
Fiscal Impact
None
Next Steps
These zoning ordinances will not take effect unless and until General Plan Amendment
GPA-2019-02, re-designating the site, becomes effective.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Benjamin Fu, Director of Community Development
Approved for Submission by: Deborah Feng, City Manager
ATTACHMENTS:
A – Ordinance No. 19-2187
B – Ordinance No. 19-2188
C – Area to be zoned P(R3, CG)
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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 I: PROJECT DESCRIPTION
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,
2019 the City Council considered removing the Vallco Shopping District Special Area as
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 Government Code Section
65863; and
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
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
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 _______________, 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:
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
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 Developme nt
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
the City of Cupertino the ____day of ___________, 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Steven Scharf, Mayor
City of Cupertino
Date
ATTEST:
Grace Schmidt, City Clerk
Date
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
Type of
Permit or
Decision A, B
Administrat
ive Review
Desig
n
Revie
w
Comm
ittee
Plannin
g
Commi
ssion
City
Coun
cil
Public
Hearing/
Public
Meeting/
Commen
t Period
C
Noticing/
Noticing
Radius D
Post
ed
Site
Noti
ce
Expirati
on Date
E
Chapter/
Findings
General Plan Amendment
Major F - - R F PH CA.
Govt.
Code
65350-
65362
Yes - CA.
Govt.
Code
65350-
65362
Minor G - - R F PH Yes -
Zoning Map Amendments
Major F - - R F PH CA.
Govt.
Code
65853-
65857
Yes - 19.152.0
20
Minor G - - R F PH Yes -
Zoning Text
Amendments
R F PH
CA.
Govt.
Code
65853-
65857
19.152.0
30
Specific
Plans
R F PH
CA.
Govt.
Code
65350-
65362
20.04.03
0
Development
Agreements
R F PH
CA.
Govt.
Code
65867
Yes - 19.144.1
20
Development Permits
Major F, H - - F/R A1/F PM 19.12.11
0/300'
Yes 2 years 19.156.0
50
Minor G F - A1 A2 PM Yes 2 years
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Table 19.12.030 - Approval Authority
Type of
Permit or
Decision A, B
Administrat
ive Review
Desig
n
Revie
w
Comm
ittee
Plannin
g
Commi
ssion
City
Coun
cil
Public
Hearing/
Public
Meeting/
Commen
t Period
C
Noticing/
Noticing
Radius D
Post
ed
Site
Noti
ce
Expirati
on Date
E
Chapter/
Findings
Conditional Use Permits
Major F, H, I F - A1/F/R A1/
A2/F PH CA.
Govt.
Code
65905
Yes 2 years
19.156.0
50
Minor G, I F - A1/F/R A1/
A2/F PH Yes 2 years
Temporary F - A1 A2 - None No 1 year
None
19.160.0
30
Density
Bonus
Residential)
R F
Based on
concurre
nt
applicatio
n
19.52
Adult-
Oriented
Commercial
Activity
CUP)
R F PH
CA.
Govt.
Code
65905/30
0'
Yes 2 years
19.128.0
30 &
19.128.0
40
Architectural and Site Approval
Major J F - A1 A2 PM 19.12.11
0/
Yes 2 years 19.168.0
30
Minor K F - A1 A2 PM Yes 2 years
Amendment
Major F, H - - F A1 Varies L Depends
on permit
being
amended
L
Yes 2 years 19.44,
19.144,
19.156,
19.164MinorGF - A1 A2 Varies L Yes 2 years
Minor
Modification
F - A1 A2 - None No 2 years 19.164
Hillside
Exception/
Height
Exception/
F A1 PH 19.12.11
0/300' Yes 2 years
19.40.08
0,
19.24.07
0,
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Table 19.12.030 - Approval Authority
Type of
Permit or
Decision A, B
Administrat
ive Review
Desig
n
Revie
w
Comm
ittee
Plannin
g
Commi
ssion
City
Coun
cil
Public
Hearing/
Public
Meeting/
Commen
t Period
C
Noticing/
Noticing
Radius D
Post
ed
Site
Noti
ce
Expirati
on Date
E
Chapter/
Findings
Heart of the
City
Exception I
19.136.0
90
Variance F - A1 A2 PH
CA.
Govt.
Code
65905
Yes 2 years 19.156.0
60
Status of
non-
conforming
Use
F A1 PH 19.12.11
0/300' Yes - 19.140.1
10
Wireless
Antennas I
F - F/ A1 A2 Varies I
Depends
on
applicatio
n type
Yes 2 years 19.136.0
90
Signs
Permits F - A1 A2 - None No 1 year 19.104
Neon,
Reader board
Freeway
Oriented
Signs I
F F A1 M PM 19.12.11
0/300' No 1 year 19.104
Programs F - A1 A2 - None No 1 year 19.104
Exceptions I - F - A1 M PM
19.12.11
0/
Adjacent
Yes 1 year 19.104.2
90
Parking
Exceptions I
F F A1 A1 M
A2 Varies N
19.12.11
0/
Adjacent/
300' O
Yes 1 year 19.124.0
50
Fence
Exceptions
F - A1 L PM
19.12.11
0/
Adjacent
Yes 1 year 19.48.06
0
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Table 19.12.030 - Approval Authority
Type of
Permit or
Decision A, B
Administrat
ive Review
Desig
n
Revie
w
Comm
ittee
Plannin
g
Commi
ssion
City
Coun
cil
Public
Hearing/
Public
Meeting/
Commen
t Period
C
Noticing/
Noticing
Radius D
Post
ed
Site
Noti
ce
Expirati
on Date
E
Chapter/
Findings
Front Yard
Interpretation
F - A1 A2 PM
19.12.11
0/
Adjacent
Yes 1 year 19.08
R-1 Ordinance Permits
Two-story I F F F/A1 A1 L
A2 Varies I
19.12.11
0/
Adjacent
Yes 1 year 19.28.14
0
Minor
Residential
F - A1 A2 CP No 1 year
Exceptions I - F - A1 M PM Yes 1 year
Protected Trees
Tree
Removal
F - A1 A2 CP
Adjacent
unless
exempt
Yes 1 year 14.18.18
0
Heritage Tree
Designation
Removal
F A1 PM
19.12.11
0/
300'
Yes - 14.18
Tree
Management
Plan
F - A1 A2 - None No - 14.18
Retroactive
Tree
Removal
F - A1 A2 - None No - 14.18
Reasonable
Accommodati
on
F - A1 A2 - None No 1 year 19.52.05
0
Extensions P
Parking,
Fence & Sign
Exceptions &
Front Yard
Interpretation
s
F - A1 A2 - None No 1 year
Neon,
Reader board
F A1 A2 - None No 1 year
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Table 19.12.030 - Approval Authority
Type of
Permit or
Decision A, B
Administrat
ive Review
Desig
n
Revie
w
Comm
ittee
Plannin
g
Commi
ssion
City
Coun
cil
Public
Hearing/
Public
Meeting/
Commen
t Period
C
Noticing/
Noticing
Radius D
Post
ed
Site
Noti
ce
Expirati
on Date
E
Chapter/
Findings
Freeway
Oriented
Signs
Two Story
Permits,
Minor
Residential
Permits and
Exceptions
F A1 A2 - None No 1 year
Tree
Removals
F - A1 A2 - - No 1 year
All other
projects
F - A1 A2 -
19.12.11
0/
None
No 2 years
For permits within the Vallco Town Center Zone - see Vallco Town Center Specific Plan
KEY:
R—Review and recommendation body F—Final decision-making body unless appealed
A1—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 requir ed 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
VTC Vallco Town Center Vallco Town Center
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 each 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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ORDINANCE NO. 19-2188
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE ZONING MAP TO REZONE 13.1 ACRES WITHIN THE
VALLCO SHOPPING DISTRICT SPECIAL AREA TO MIXED USE PLANNED
DEVELOPMENT WITH MULTIFAMILY (R3) RESIDENTIAL ZONING
P(R3,CG) AND GENERAL COMMERCIAL USES AND THE REMAINDER OF
THE SPECIAL AREA TO GENERAL COMMERCIAL (CG)
SECTION I: PROJECT DESCRIPTION
Application No: Z-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,
2019 the City Council considered removing the Vallco Shopping District Special Area as
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 Government Code Section
65863; and
WHEREAS, following a duly noticed public hearing on August 20, 2019, and prior to
the Council’s consideration of the Master Zoning Map amendments, the Council
adopted Resolution No. 19-109, approving a General Plan Amendment to remove office
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uses as 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 Master Zoning Map apply the new Mixed
Use Planned Development with Multifamily (R3) Residential and General Commercial
zoning designation (P(R3,CG)) created in MCA-2019-01 to the Vallco Shopping District
Special Area; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public
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
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 _______________, upon due notice, the City Council
has held at least two public hearings to consider the Master Zoning Map 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
Master Zoning Map amendments included in the Ordinance.
SECTION III
NOW, THEREFORE, BE IT ORDAINED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, the City Council hereby adopts the Master Zoning Map
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
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 amendments to the Master Zoning Map
as shown in Exhibit A.
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
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
09/03/19
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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
the City of Cupertino the ____day of ___________, 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Steven Scharf, Mayor
City of Cupertino
Date
ATTEST:
Grace Schmidt, City Clerk
Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
09/03/19
409 of 532
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1 The zoning on assessors’ parcels in the table below was amended in September 2018 (Ord. Z-2018-2178) in
connection with the City’s approval of the Vallco Specific Plan. The adoption of that Zoning Ordinance has been
challenged and thus the validity of the zoning code amendments therein is uncertain. See, e.g., Midway Orchards
v. County of Butte (1990) 220 Cal.App.3d 765. The table shows the zoning as adopted in September 2018, and the
parcels’ zoning as existing before that date.
APN
Zoning Prior to
Ord. Z-2018-2178
Adoption
Zoning Proposed by
Ord. Z-2018-2178 1 New Zoning
316-20-080 P(CG) Vallco Town Center CG
316-20-081 P(CG) Vallco Town Center CG
316-20-088 P(Regional
Shopping) Vallco Town Center CG
316-20-092 P(Regional
Shopping) Vallco Town Center CG
316-20-094 P(Regional
Shopping) Vallco Town Center CG and P(R3, CG) as
indicated on map above
316-20-095 P(Regional
Shopping) Vallco Town Center P(R3, CG)
316-20-099 P(Regional
Shopping) Vallco Town Center CG and P(R3, CG) as
indicated on map above
316-20-100 P(Regional
Shopping) Vallco Town Center CG and P(R3, CG) as
indicated on map above
316-20-101 P(Regional
Shopping) Vallco Town Center CG
316-20-104 P(Regional
Shopping) Vallco Town Center CG
316-20-105 P(Regional
Shopping) Vallco Town Center CG
316-20-106 P(Regional
Shopping) Vallco Town Center CG
316-20-107 P(Regional
Shopping) Vallco Town Center CG
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Potential Location D: East of Wolfe Road and North of Vallco Parkway
N. Wolfe
Road
Vallco Pkway N
13.1 ac.
StevensCreekBlvdAttachment
C09/03/19