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PC Packet 07-30-2019 edited to just agenda and item 3CITY OF CUPERTINO AGENDA L U P E RTI N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber Tuesday, July 30, 2019 6:45 PM Special Meeting NOTICE IS HEREBY GIVEN that a special meeting of the Planning Commission is hereby called for Tuesday, July 30, 2019, commencing at 6:45 p.m., Community Hall, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading "Special Meeting". SPECIAL MEETING: PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Draft Minutes of July 9, 2019. Continued from the July 23rd cancelled Planning Commission meeting. Recommended Action: approve or modify the Draft Minutes of July 9, 2019 Draft Minutes of Tuly 9, 2019 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Unless there are separate discussions andlor actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. STUDY SESSION Page 1 Planning Commission Agenda July 30, 2019 2. Subject: Study Session regarding 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) Continued from the July 23rd cancelled Planning Commission meeting. Recommended Action: That the Planning Commission hold a study session to review the draft Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35and provide comments for staff to consider and forward to the City Council. Staff Report 1. Draft Resolution regarding Review Procedures 2. Draft SB 35 Application Package 3. SB 35 Statute, as Amended 4. Final HCD Guidelines - Streamlined Ministerial Approval Process 11 M -M-11-31 OM 3. Subject: Vallco Shopping District Special Area General Plan, Zoning Amendments, and Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report. Application No(s).: GPA -2019-01, GPA -2019-02, 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 (Continued from the July 23rd cancelled Planning Commission meeting) Page 2 Planning Commission Agenda July 30, 2019 Recommended Action: That the Planning Commission 1. Receive a staff presentation; 2. Conduct the public hearing; 3. Adopt: a. Resolution No. , recommending that the City Council adopt GPA -2019-01, a resolution adopting a Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amending the General Plan to remove office as a permitted use from the Vallco Shopping District Special Area and remove associated office allocations; b. Resolution No. , recommending that the City Council adopt GPA -2019-02, a resolution 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; c. Resolution No. 'recommending that the City Council adopt 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)); and d. Resolution No. , recommending that the City Council adopt 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). Tentative City Council meeting date: August 20, 2019 Staff Report 1- Draft Reso GPA -2019-01 2 - Draft Reso GPA -2019-02 3 - Draft Reso MCA -2019-01 4 - Draft Reso Z-2019-01 5 - Planning Area Description 6 - Table LU -1 and Figure LU -2 7 - GP Policies related to Vallco Shopping District 8 - Aerial and APN Map 9 - Second Addendum GPA -HE -Rezoning EIR FINAL NEW BUSINESS STAFF AND COMMISSION REPORTS Page 3 Planning Commission Agenda July 30, 2019 ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next Planning Commission 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 meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning Commission 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 Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agendalminutes 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 Planning Commission 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 Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission 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. For questions on any items in the agenda, or for documents related to any of the items on the agenda, Page 4 Planning Commission Agenda July 30, 2019 contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 5 CITY OF IM CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 CUPERTINO.ORG PLANNING COMMISSION STAFF REPORT M eet i n a Date: Ju I v 30. 2019 Su bj ect Vallco Shopping District Special Area General Plan, Zoning Amendments, and Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report. (Application No(s).: GPA - 2019 -01, GPA -2019-02, 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 That the Planning Commission 1. Receive a staff presentation; 2. Conduct the public hearing; 3. Adopt: a. Resolution No. , recommending that the City Council adopt GPA -2019-01, a resolution adopting a Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amending the General Plan to remove office asa permitted use from the Vallco Shopping District Special Area and remove associated office allocations (Attachment 1); b. Resolution No. , recommending that the City Council adopt GPA -2019-02, a resolution 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 Attachment 2); c. Resolution No. , recommending that the City Council adopt MCA -2019- 01, an ordinance eliminating referencesin theMunicipal CodetotheVallcoTown Center Specific Plan and adding language establishing development standardsfor a new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)) (Attachment 3); and d. Resolution No. , recommending that the City Council adopt 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 4). nief-iiccinn Background: The City's General Plan d esi g n ates th e "Val Ico Shopping District Special Area" for office, commercial, and residential uses at a density of 35 dwelling units per acre on site to be developed pursuant to a specific plan, which generally covers the properties on which theVallco Mall is developed. The General Plan identified approximately 58acreswithin the Vallco Shopping District Special Area as available for development and assigned development allocations for the permitted office, commercial, and residential uses. Because the General Plan contemplated that redevelopment of the Vallco Shopping District Special Area would occur pursuant to a specific plan developed for the area, development standards apart from the residential density limitation (such as height and setbacks) were to be imposed through the specific plan. The Housing Element of the General Plan further identified theVallco Shopping District Special Area as a "Priority Housing Ste," which means that the City planned to accommodate a portion of its Regional Housing Need Allocation (RHNA) by permitting residential development within the Vallco Shopping District Special Area. The Housing Element identifies 389 residential units to be a realistic development yield for the site, and it provides that the housing would be developed under the regulatory framework created by the specific plan. To ensurethat the Priority Housing Sites identified in the Housing Element areavailable for residential development as required by State law, the Housing Element included two scenarios to satisfy its RHNA: "Scenario A" and "Scenario B". Scenario A is consistent with the adopted land use regulations described above. The General Plan provides that the City would consider removing the Office and Residential development allocations in theVallco Shopping District Special Area if a Specific Plan for the area is not adopted by March 31, 2018, and under Scenario B the remaining RHNA need removed from the Vallco Shopping District Special Area would be accommodated on other sites if the City Council approved General Plan and zoning amendments to increase their residential capacity. The Specific Plan that had been prepared for the Vallco area was the subject of a referendum and the City Council rescinded that Specific Plan at its May 7, 2019 meeting. Subsequently, at its June 18, 2019 meeting, the City Council considered removing the Office and Residential development allocations in the Vallco Shopping District Special Area in favor of Scenario B as described in the Housing Element. After considering its options, the City Council directed staff to prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area, which would provide a mechanism to accommodate the RHNA in a manner consistent with Scenario A in advance of completing a specific plan for the area rather than adopting Scenario Bto accommodate the City'sRHNA. In addition, the City Council directed that staff bringforward aGeneral Plan Amendmentto remove offi ceas a permitted usewithin theVallcoShopping District Special Area and remove the associated office development allocation. The City Council also provided direction to continue the planning effort to create a specific plan, which could create the potential for additional residential development within theVallco Shopping District Special Area. Note that parcels comprising 50.82 acres of the Vallco Shopping District received a ministerial approval of a project pursuant to Senate Bill 35 (Government Code Section 65913.4, or SB 35). That approval would not beaffected by the proposed General Plan and zoning amendments. SB35grantsapproved projectsavested right to proceed regardless of subsequent changes in the law. The amendments would apply to future project applications if the Vallco SB 35 project is not developed. There are two parcels in the Vallco Shopping District that are not a part of the SB 35 project. One parcel isthe site of thesoon-to-open Hyatt Hotel which would remain a permitted use under all theoptions above. The other parcel is the 5.16 acre Simeon parcel which is currently a parking lot associated with the mall. Future use of that site would be subject to any General Plan amendments adopted. Analysis: To implement the City Council's direction, City staff have prepared General Plan and zoning amendments for the Planning Commission's consideration. The following analysis describes the amendments proposed. General Plan Amendments Land Use Designations The current General Plan Land Use map identifies the Vallco Shopping District as allowing the following land use: Commercial/Residential/Office. This designation is intended for mixed-use development that would feature predominantly commercial and office uses, with residential uses permitted as needed to better balance the citywidejobs to housing ratio. The City Council has expressed concern that by allowing office development within the Vallco Shopping District Special Area, the City would be further contributing to the imbalance between high -paying jobs and available housing in the City. Accordingly, the proposed General Plan amendment would remove the"Commercial/Residential/Office" land use designation from theVallco Shopping District Special Area (see Attachment 1) and replace it with two new land used esignations: "Regional Shopping" and "Regional Shopping/Residential" (see Attachment 2) to remove office as a permitted use while retaining the commercial and housing uses contemplated for the site in the existing General Plan. The Regional Shopping Designation would permit retail sales, businesses, service establishments with direct contact with customers, and hotel uses, along with restaurant and entertainment uses, in the Vallco Shopping District Special Area. The Regional Shopping/Residential designation would permit residential development at a maximum density of 35 dwelling units per acre and a minimum density of 29.7 dwelling units per acre by right. It would also permit all of the uses allowed under the Regional Shopping Designation asground floor uses beneath residential uses, however the commercial uses would not be required in the areas designated "Regional Shopping/Residential". For historic reference, in amending the General Plan land use designation at this site in 2014 the General Plan amendments added the "Office" land useto the existing land use designation. Prior to that, the 1993 General Plan the site had a land use designation of Commercial/Residential, which is similar to the new designations now proposed. References to office use are also recommended for removal from the Planning Area description for theVallco Shopping District. (refer to Attachment 5for existing Planning Area description and Attachment 1 for proposed edits) Development Standards The General Plan contains standards for development in the City by Special Area/Neighborhood in theform of development allocations, residential densities, heights and overall setbacks in the form of a slope line from major thoroughfares. These are incorporated in Table LU -1 and Figure LU -2 of the General Plan. These are included as Attachment 6 for reference. Non -Residential Development: The development standards for non-residential development in theVallco Shopping District Special Areawould beasfollows: 1. Development Allocations: The General Plan Amendment would deletetheOffice development allocation within the Vallco Shopping District Special Area. The following mix of non-residential useswould continueto beallowed in the Special Area, consistent with the current General Plan: a. Commercial —1,207,704 square feet b. Hotel — 339 rooms 2. Building Heights: Up to 60 feet. 3. Setbacks: Establish a minimum 1 foot setback for every 1 foot increase in height from the existing North Blaney neighborhood. Setbacks remain the same from the curb line of Wolfe Road and Stevens Creek Boulevard. Residential Development: The development standards for residential development would be amended as fol lows: 1. Development Allocations: The General Plan Amendments would not change the Residential allocation. 389 units would continue to be allocated within the Vallco Shopping District Special Area (note, however, that some State laws such as density bonusand SB 35 may require the City to approve additional development when certain conditions are satisfied). 2. Residential Density: 35 units per acre on 13.1 acres. To maintain consistency with the Housing Element, the Vallco Shopping District Special Area must permit at least 389 residential units by right at a density of 35 dwelling unitsper acre. Thiswould requirea minimum of 11.1 acresfor residential use; however, the State Department of Housing and Community Development HCD)typically assumesthat aproject sitewill not develop with 100% efficiency to account for required setbacks, driveways, open space etc.). The Housing Element (which HCD determined complied with the requirements of State housing element law) assumed that Priority Housing Siteswould yield 85% of the maximum unit count. Therefore, to be consistent with the Housing Element's methodology and demonstrateto HCD that 389 unitsare realistically achievable, enough land must be designated to allow 458 units at 35 dwelling units per acre 85% x 458 units = 389 units). To accommodate458 units at 35 dwelling units per acre, a minimum of 13.08 acres of land must be designated for Regional Shopping/Residential Use. For purposes of the General Plan amendment, this has been rounded to 13.1 acres, which could allow for 459 units. Note that if future development is proposed at the maximum allowed density and provides sufficient affordable housing to qualify for a 35% density bonus (allowed under state law), as many as 620 residential units may be developed in this area. 3. Building Heights: a. For mixed use development: Up to 75 feet for residential over ground -floor commercial uses b. For residential only development: Up to 60 feet 4. Setbacks: Would be the same as the setbacks discussed previously under Non- residential development. Minimum 1 foot setback for every 1 foot increase in height from the existing North Blaney neighborhood. Setbacks remain the same from thecurb lineof Wolfe Road and Stevens Creek Boulevard. Amendments to Goal LU -19 The General Plan containsprovisionsconcerning future planning for theVallco Shopping District within Goal LU -19. The existing General Plan policies regarding the Vallco Shopping District Special Area are attached to this Staff Report as Attachment 7. The following amendments are proposed to the policies and strategies included as part of Goal LU -19. 1. Figures: A new Figure LU -4, which specifically designates the location of the new Regional Shopping/Residential Use area where residential uses would be permitted, will be included to identify the location of this designation based on Planning Commission's input on the location of residential uses. An aerial of the project site and an Assessor Parcel Map have been included as Attachment 8 to help the d i scu ssi on. In order for successful residential development to occur within the Special Area, the Planning Commission may wish to consider the following factors as part recommending a location for thefuture residential development: a. For mixed use developments - Be located close to other higher density residential developments (e.g. near the Nineteen800 and Main Street developments); and b. For a residential only development - Be in a location that would not support commercial development dueto lack of visibility or other factors, such as lack of walkability/pedestrian friendliness (e.g. north of Vallco Parkway, west side of Wolfe Road). 2. Policies: To reflect the removal of office as a permitted use, to regulate housing development that may occur by -right prior to aspecificplan, and to providepolicy guidancefor a future specific plan that may increase the residential capacity in the Vallco Shopping District Special Area (all as previously discussed), the General Plan amendments would revise the text related to these policies as shown in Attachment 2. Thetext amendments would: a. Allow residential as a permitted use by -right on 13.1 acres, with the heights and densities discussed above; b. Provide guidance for a future specific plan and related General Plan Amendment, which may allow additional housing within theVallco Shopping District, especially affordable to low, very low, and extremely low-income households and housing for persons with disabilities, including developmental disabilities. The General Plan would retain policies related to requiring aminimum of 600,000 square feet of retail use and no more than 30 percent of commercial space developed with entertainment uses, requiring development in a street grid with improved public street connections to encourage development in the form of a town center. Zoning Amendments To implement the General Plan amendments, the following two types of zoning amend ments are al so required. Municipal Code Amendment A new zoning category, Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)), is proposed to be added to the text of the Municipal Code. This zoning designation would include development standards enabling the mixed use or residential -only development contemplated for the Vallco Shopping District Special Area as discussed above (see Attachment 3). Zoning Map Amendment The Vallco Shopping District Special Area would be rezoned to designate 13.1 acres as Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning (P(R3,CG)) and the remainder of the Special Area to General Commercial (CG) (see Attachment 4). Upon a determination by the Planning Commission on the location of the residential designation, conforming exhibits will be prepared for the City Council's consideration at its hearing on this subject. Consistency with Government Code Section 65863 State housing law requires that the City maintain sufficient sites to accommodate its RHNA at each incomelevel throughout theeight-year"planning period" that itsHousing Element is effective. Government Code Section 65863 prohibits the reduction of residential capacity on sites included in the Housing Element inventory unless: (1) the reduction is consistent with the adopted general plan, including the housing element; and (2) the remaining sites identified in the Housing Element are adequate to meet the remaining RH NA by income level. As an initial matter, the Housing Element identified a realistic capacity of 389 units at a density suitable for housing affordable to lower income households in the Vallco Shopping District Special Area. The General Plan and zoning amendmentsdo not reduce the capacity of the Special Area below 389 units, so the amendments do not result in a lower residential density" in theSpecial Area(asthat term isused in Government Code Section 65863(g)(1)). However, even if the amendments did result in a lower residential density, they would still be permitted under Government Code Section 65863. The Land Use and Housing Elements of the General Plan both contemplated that 389 units would be developed in the Special Area, and the amendments make the development of at least 389 units permitted by right. Therefore, the amendments are consistent with the adopted General Plan, including the Housing Element. In addition, the amendments leave a surplus of sites available for development that is suitable for housing affordable to lower income households. For the current Housing Element, the City isrequired to plan for at least 563lower incomeunits. So far in thecycle, the City has issued building permitsfor 19 units and approved projects (the Hamptons and Marina) that would provide up to 57 more units. These units, plusthe 389 unitsthat would be permitted in the Vallco Shopping District Special Area, leave a balance of 98 units. The Housing Element identifiesthe Oaks in its inventory as being availablefor 200 units, more than enough to meet the remaining RH NA. Therefore, the amendments are consistent with the requirementsof Government Code Section 65863. Environmental Analysis In 2014, the City Council certified a Final Environmental Impact Report (EIR) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project State Clearinghouse No. 2014032007), which wasa program EIRprepared incompliance with California Environmental Quality Act (CEQA) Guidelines Section 15168. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) for five Special Areas, seven Study Areas, and other Special Areasin connection with theadoption of the Cupertino Community Vision 2015-2040 (General Plan). The General Plan and Associated Rezoning were adopted in December 2014, the Housing Element Update was adopted in May 2015, and modifications to the text and figures of the General Plan adopted in October 2015 following adoption of an Addendum to the EIR. When alead agency hascertified an EIR, Public Resources Code Section 21166and CEQA Guidelines 15162 provide that no subsequent environmental review shall be required unless specified conditions have occurred (substantial changes in the project, substantial changeswith respect to the circumstances under which the project is undertaken, or new information of substantial importance which was not known and could not have been known when the EIR was certified) and would result in new significant environmental effects or a substantial increase in the severity of significant environmental effects requiring major revisions to the EIR. CEQA Guidelines Section 15164 further states that if some changes or additions to a previously certified EIR are needed, but subsequent review is not required under CEQA Guidelines 15162, an addendum shall be prepared. The City has prepared a Second Addendum to the Final EIR to evaluate whether the proposed modifications to the Vallco Shopping District Special Area described in this Staff Report would require major revisions to the Final EIR due to new significant environmental effects or a substantial increase in the severity of significant environmental effects previously identified in the EIR. The Second Addendum, which is included as Attachment 9, provides analysis and cites 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. Therefore, it is recommended that the Planning Commission recommend adoption of the Second Addendum, and no further environmental review is required for the modificationsto theVallco Shopping District Special Area described in this Staff Report. Public Noticing and Outreach The following noticing has been conducted for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda available at least 10 days prior to hearing, unless noted otherwise) posted five days prior to hearing, unless noted otherwise) Legal ad placed in newspaper Posted on the City's 96 Public Hearing notices mailed to property owners official notice within 300 feet of the site bulletin board 36noticesmailed to agencies, service and utility providers Posted on the City E -notification sent to 776email addresses of Cupertino'sWeb D i sp I ay (courtesy) ad p I aced in newspaper site Next Steps Staff will prepare conforming exhibits based on Planning Commission direction to include for the General Plan Amendment related to the Residential/Regional Shopping land use designation and the Zoning Amendment related to the P(R3,CG) zoning designation to be presented to the City Council. The City Council will consider the Planning Commission's recommendations at an upcoming hearing and make final decisions regarding the proposed General Plan and Zoning amendments. In addition, at itsMay 7, 2019 meeting, the City Council directed staff to placeon afuture agenda a community process for future development of the Vallco site, which could result in more comprehensive development standards and additional housing throughout the Special Area. Staff is currently developing options and cost estimates to develop and implement acommunity engagement process to prepare a Specific Plan and will return for Council consideration at a future meeting. Prepared by: Joseph Petta, Assistant City Attorney Reviewed by: Richard S. Taylor, Assistant City Attorney Approved for Submission by: Benjamin Fu, Director of Community Development Attachments: 1. Draft Resolution No. recommending that the City Council adopt GPA - 2019 -01, a resolution adopting a Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amending the General Plan to removeofficeasa permitted usefrom theVallco Shopping District Special Areaand remove associated office allocations 2. Draft Resolution No. recommending that the City Council adopt GPA - 2019 -02, a resolution 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 acresof the Special Area 3. Draft Resolution No. , recommending that the City Council adopt 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)) 4. Draft Resolution No. , recommending that the City Council adopt 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) 5. Planning Area description for Vallco Shopping District Special Area 6. Table LU -1 and Figure LU -2 of the General Plan 7. Existing General Plan Vallco Shopping District Special Area policies 8. Aerial of Vallco Shopping District Special Area and Assessor Parcel Map 9. Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report (State Clearinghouse No. 2014032007) GPA -2019-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OF THE PLAN N ING COMM I SSI ON OF THE CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT GPA - 2019 -01,A RESOLUTION ADOPTING SECOND ADDENDUM TOTHE2014 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING PROJECT ENVIRONMENTAL IMPACT REPORT AND AMENDING THE GENERAL PLAN TO REMOVE OFFICE ASA PERMITTED USE FROM THE VALLCO SHOPPING DISTRICT SPECIAL AREA AND REMOVE ASSOCIATED OFFICE ALLOCATIONS WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered the Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and amend mentsto the City's General Plan to removeoffice usesasa permitted land usewithin theVallco Shopping District Special Area and remove the associated office development allocation; and WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findings set forth in the Draft Resolution attached hereto as Exhibit aretrueand correct and are incorporated into this Resolution asthough fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Resolution attached hereto as Exhibit A, adopt the Second Addendum to the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning Project Environmental Impact Report and proposed General Plan Amendment. PASSED AND ADOPTED this30rd day of July, 2019, at a Special Meeting of the Planning Commission of the City of Cupertino, Stateof California, by thefollowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Benjamin Fu Community Development Director APPROVED: R Wang, Chair Planning Commission IOVA :I11.11r_1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XXXX A RESOLUTION OFTHECITY COUNCIL OF TH E CITY OF CUPERTINO ADOPTING SECOND ADDENDUM TO THE 2014 GENERAL PLAN AMENDMENT, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING PROJECT ENVIRONMENTAL IMPACT REPORT A N D AMENDING THE GENERAL PLAN TO REMOVE OFFICEASA PERMITTED USE FROM THEVALLCO SHOPPING DISTRICT SPECIAL AREA AND REMOVE ASSOCIATED OFFICE ALLOCATIONS SECTI ON 1: PROJECT D ESCRI PTI ON Application No: GPA -2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #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 to be developed pursuant to a specific plan for the Special Area; and WHEREAS, the City Council desires to improve the jobs/housing balance within Cupertino by decreasing the amount of future office uses the be developed relative to housing, which will reducetraffic congestion, reducevehicle miles traveled (VMT), and contribute to a reduction in greenhouse gas emissions from commuting patterns that follow unbalanced office development without adequate residential opportunities; and WH EREAS, this General Plan Amendment to remove office uses as a permitted land use within the Vallco Shopping District Special Area and remove the associated office development allocation (the "General Plan Amendment") 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, pursuant to the provisions of 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"), the City prepared a Final Environmental Impact Report (Final EIR") for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007), which was a program EIR prepared in compliance with California Environmental Quality Act Guidelines Section 15168; and WH EREAS, the City Council certified the Final EIR on December 4, 2014, approved the General Plan Amendmentsand Associated Rezoning on December 4, 2014and December 16, 2014, respectively, approved the Housing Element Update on May 19, 2015, and approved modifications to the text and figures of the General Plan on October 20, 2015 following adoption of an Addendum (together, the "Project" ); and WHEREAS, since certification of the Final EIR, the City has proposed modifications to the Project for the Vallco Shopping District Special Area consisting of amendmentsto the General Plan to reflect that office uses are not permitted within the Vallco Shopping District Special Area and remove the associated office development allocation, set height limits for the area, and make other conforming/clarifying text edits to create density standards to permit up to 458 units with a minimum density of 29.7 units per acre (389 units) and a maximum density of 35 units per acre on designated parcels totaling 13.1 acreswithin the Vallco Shopping District Special Area; amendmentsto the Zoning Map to rezone the 13.1 acres of Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning P(R3,CG)) and the remainder of the Special Area to General Commercial; and amendments to Municipal Code Title 19 to remove references to the former Vallco Town Center Specific Plan and identify development standards for the new P(R3,CG) zoning designation in Chapter 19.80; and WH EREAS, the proposed modification will not result in any of the conditions requiring preparation of asubsequent ElRasdescribed in Public Resources Code Section 21166and CEQA Guidelines Section 15162; and WHEREAS, the City has caused to be prepared a Second Addendum to the Final EIR pursuant to CEQA Guidelines Section 15164; and WHEREAS, the Second Addendum provides analysisand cites substantial evidencethat supports the conclusion that no subsequent environmental review is required because there are no substantial changes in the Project or the circumstances under which the Project is to be undertaken that would result in new or substantially more severe environmental impacts requiring major revisions to the Final EIR, and there is no new information that involves new significant environmental effectsor asubstantial increase in the severity of previously identified environmental effects that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162; and WHEREAS, following necessary public notices given as required by the procedural ordinancesof 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 Planning Commission recommended on a X -X vote that the City Council adopt the General Plan Amendment (GPA -2019-01), in substantially similar form to the Resolution presented; and WHEREAS, on August 20, 2019, upon due notice, the City Council has held at least one public hearing to consider the General Plan Amendment; and WH EREAS, the City Council of the City of Cupertino is the decision-making body for this Resolution; and WHEREAS, by Resolution No. [##M the Planning Commission recommended that the City Council adopt the Second Addendum to the Final EIR; and 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 modificationsto the Project. 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 takes thefollowing actions: 1. Determines that the Second Addendum reflects the independent judgment of the City. 2. Adopts the Second Addendum to the Final EIR for the modifications to the Vallco Shopping District Special Area consisting of amendments to the General Plan, Zoning Map and Municipal Code Title 19. 3. Adopts the amendments to the General Plan (Application No. GPA -2019-01) as shown in Exhibit GPA -01A and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of thefinal published General Plan. 4. Adopts the amendments to the General Plan Land Use Map as shown in Exhibit GPA -01B. NOW, THEREFORE, BE IT FURTHER RESOLVED: Theforegoing recitals are true and correct and areincluded herein by reference asfindings. 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 this20th day of August 2019, at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N O ES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk APPROVED: Steven Scharf Mayor, City of Cupertino Exhibit GPA -01A Amend Chapter 2, Page PA -8 as follows: Delete "Office" from legend of Vallco Shopping District Special Area Diagram.] Amend Chapter 3, Page LU -13 related to Vallco Shopping District as follows: Table LU -1: Citywide Development Allocation Between 2014-2040 M ake conformi ng edits to "Citywide" totals] Buildout totalsor G fiee and Residential allecation within the ;-'allee Shopping District are iiet adepte by that date7 City will consideF the Femoval of the G fiee and Residential allocations Amend Chapter 3, Pages LU -50 and LU -51 as follows: LU -19.1.2: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential aR e#+seuses. Parcelization is highly discouraged in order to preserve the site for redevelopment in thefuture. LU -19.1.4: Land Use. Thefollowing uses are allowed on the site (see Figure LU -2 for residential densities and criteria): 1. Retail: High -performing retail, restaurant and entertainment uses. Maintain a minimum of 600,000 square feet of retail that provideagood sourceof salestax for the Commercial (s.f.) Office (s.f.) Hotel (rooms) Residential( units) Current Current Current Current Built Avail Built Built Build Avail Built Build Avail Buildout Buildout Available Oct. 7, able Oct. 7, Oct. 7, out able Oct. 7, out able 2014) 2014) 2014) 2014) V al I co Shopping 1,207,774 1,207,774 00 2000 000 148 339 191 389 389 District** M ake conformi ng edits to "Citywide" totals] Buildout totalsor G fiee and Residential allecation within the ;-'allee Shopping District are iiet adepte by that date7 City will consideF the Femoval of the G fiee and Residential allocations Amend Chapter 3, Pages LU -50 and LU -51 as follows: LU -19.1.2: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential aR e#+seuses. Parcelization is highly discouraged in order to preserve the site for redevelopment in thefuture. LU -19.1.4: Land Use. Thefollowing uses are allowed on the site (see Figure LU -2 for residential densities and criteria): 1. Retail: High -performing retail, restaurant and entertainment uses. Maintain a minimum of 600,000 square feet of retail that provideagood sourceof salestax for the City. Entertainment uses maybe included but shall consist of no more than 30 percent of retail uses. 2. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurantson theground floor. 3. Residential: Allow residential on upper floorswith retail and active uses on the ground floor. Encouragea mix of unitsfor young professionals, couplesand/or active seniorswho liketo livein an active"town center" environment. Exhibit GPA -01B City of Cupertino Land Use Map Designate Vallco Site as Commercial/Residential from Commercial / Office/ Residential] GPA -2019-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OFTHE PLANNING COMMISSION OF TH E CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT GPA -2019-02,A RESOLUTION AMENDINGTHE GENERAL PLAN AND GENERAL PLAN LAND USE MAP TO ESTABLISH HEIGHTLIMITSAND ENACT DEVELOPMENT STANDARDSFOR RESIDENTIAL USESWITHIN THEVALLCO SHOPPING DISTRICT SPECIAL AREA AND IDENTIFYINGA RECOMMENDED LOCATION FORFUTURE RESI D EN TI A L D EVELOPM EN T ON 13.1 A CRES OF TH E SPECI A L A REA WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered amendments to the City's General Plan to establish height limits and enact development standardsfor residential useswithin the Vallco Shopping District Special Area; and WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findingsset forth in the Draft Resolution attached hereto as Exhibit aretrueand correct and are incorporated into this Resolution as though fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Resolution attached hereto as Exhibit A, adopt the proposed General Plan Amendment. PASSED AND ADOPTED this 30th day of July, 2019, at aSpecial Meeting of the Planning Commission of the City of Cupertino, Stateof California, by thefollowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Benjamin Fu Community Development Director APPROVED: R Wang, Chair Planning Commission IOVA :I11.11r_1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. XXXX A RESOLUTION OFTHECITY COUNCIL OF TH E CITY OF CUPERTINO AMENDING THE GENERAL PLAN AND GENERAL PLAN LAND USE MAP TO ESTABLISH HEIGHT LIM ITSAN D ENACT DEVELOPMENT STANDARDS FOR RESIDENTIAL USESWITHIN THEVALLCO SHOPPING DISTRICT SPECIAL AREA AND IDENTIFYING RECOMMENDED LOCATION FOR FUTURE RES DENTIAL DEVELOPMENTON 13.1 ACRESOFTHESPECIAL A REA SECTI ON 1: PROJECT D ESCRI PTI ON Application No: GPA -2019-02 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #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 to be developed pursuant to a specific plan for the Special Area; and WH EREAS, at astudy session on June 18, 2019, as required by Housing Element Strategy 1 because a specific plan has not been adopted, the City Council considered removing the Vallco Shopping District Special Area asa Priority Housing Site and replacing it with the sites shown in Housing Element "Scenario B," which involves upzoning sites within the City other than the Val lco Shopping District Special Area; and WH EREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to not pursue removing the Vallco Shopping District Special Area as Priority Housing Ste and replacing it with the sites shown in Scenario B, and City Council directed staff to instead prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area consistent with Government Code Section 65863; and WHEREAS, this General Plan Amendment to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area (the "General Plan Amendment") will ensure that the policies and strategies contained in the City's Housing Element are implemented and will allow for planning and development that isconsistent with the community's vision for theVallco 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 compliancewith 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 ordinancesof 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 WH EREAS, on July 30, 2019, the Planning Commission recommended on a X -X vote that the City Council adopt the Second Addendum to the Final EIR (EA -2013-03); and WHEREAS, on July 30, 2019, the Planning Commission recommended on aX-Xvotethat the City Council adopt the General Plan Amendment (GPA -2019-01), in substantially similar form to the Resolution presented; and WHEREAS, on August 20, 2019, upon due notice, the City Council has held at least one public hearing to consider the General Plan Amendment; and WH EREAS, on August 20, 2019, by Resolution No. [XXXX], the City Council adopted the Second Addendum to the Final EIR (EA -2013-03) and adopted the amendments to the General Plan (Application No. GPA -2019-01); 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 usesin theVallco 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 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 asshown in Exhibit GPA -02B. N OW, TH EREFORE, BE IT FURTHER RESOLVED: Theforegoing recitals are true and correct and areincluded herein by reference asfindings. 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 this20th day of August 2019, at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N O ES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk APPROVED: Steven Scharf Mayor, City of Cupertino Exhibit GPA -02A Amend Chapter 2, page PA -8 as follows: CONTEXT TheVallco Shopping District Special Area encompasses Cupertino's most significant commercial center, formerly known as the Val Ico 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 thew est side of the Val Ico Shopping District. Wolfe Road bisects the area in a north - south direction, and `^lmymdesVallnn Chopping Distrint into distinnt subareas: \/Ilnn SheppiRg DiStFiGt Gateway West and VaIlGe SheppiRg DistFic4 Gateway Fast. In recent yearsthere has been somefagade improvement to theVallco 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. G irrnntl„ the retailers. TheVal lco 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 asamajor 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 bicycleand pedestrian -friendly streets, more pedestrian -oriented buildingswith active useslining Stevens Creek Boulevard and Wolfe Road, and publicly-accessiblerg ade- level parksand plazasthat support the pedestrian -oriented feel of the revitalized area. New development in theVallco Shopping District should berequired to providebuffers between adjacent single-family neighborhoods in the form of boundary walls, setbacks, landscaping or building transitions. TBD based on Planning Commission input - Designate 13.1 acres as new "Regional Shopping/Residential" and designate the bulk of the sites as new "Regional Shopping" designation within theVallco Shopping District Special Area Diagram.] Amend Chapter 3, Page LU -13 related to Val Ico Shopping District as follows: Table LU -1: Citywide Development Allocation Between 2014-2040 Buildout totals for Residential allocation within the Vallco Shopping District are available by -- right as defined in Government Code Section 65863.2. Amend Chapter 3, Pages LU -16 and 17 as follows: Figure LU -2: Community Form Diagram Vallco Shopping District Special Area West of Wolfe Rd Regional Shopping / Residential Maximum Residential Density 35 units per acre in areas identified Figure LU -4 Minimum Residential Density in 29.7 units per acre in areas identified in Figure LU -4 Maximum Height Dor Sped fin Plan Up to 60 feet for residential only uses Up to 75 feet for residential above ground -floor retail uses Regional Shopping Frit of Wolfe na Maximum Residential Density 35 units pee ax -e N/A - residential is not a permitted use Maximum Height PeF SPec.f i G R aR U p to 60 feet TBD based on Planning Commission input - Show the approximate location for the Regional Shopping / Residential portion of the site, in addition to a more detailed diagram LU -4] Commercial (s.f.) Office (s.f.) Hotel (rooms) Residential units) Current Current Current Current Built Avail Built Build Avail Built Build Avail Built Build Avail Buildout Oct. 7, able Oct. 7, out able Oct. 7, out able Oct. 7, out able 2014) 2014) 2014) 2014) V al I co Shopping 1,207,774 1,207,774 148 339 191 389 389 District' Buildout totals for Residential allocation within the Vallco Shopping District are available by -- right as defined in Government Code Section 65863.2. Amend Chapter 3, Pages LU -16 and 17 as follows: Figure LU -2: Community Form Diagram Vallco Shopping District Special Area West of Wolfe Rd Regional Shopping / Residential Maximum Residential Density 35 units per acre in areas identified Figure LU -4 Minimum Residential Density in 29.7 units per acre in areas identified in Figure LU -4 Maximum Height Dor Sped fin Plan Up to 60 feet for residential only uses Up to 75 feet for residential above ground -floor retail uses Regional Shopping Frit of Wolfe na Maximum Residential Density 35 units pee ax -e N/A - residential is not a permitted use Maximum Height PeF SPec.f i G R aR U p to 60 feet TBD based on Planning Commission input - Show the approximate location for the Regional Shopping / Residential portion of the site, in addition to a more detailed diagram LU -4] 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 A rea. For the Crossroads area, seethe Crossroads Streetscape Plan. For projects outside of theVallco Shopping District %ecial Area that are adjacent to residential areas: Heights and setbacks adjacent to residential areas will be determined during project review. For pro 0ectswithin theVallco Shopping District %ecial Areathat areadjacent to the North Blaney neighborhood: Maintain the primary building bulk below a 1:1 slopeline drawn from theadjacent residential property line. For the North and South Vallco Park areas (exert fer ` a''Ge SheppiRg DiGtFiC4 Special Area): Maintain the primary building bulk below a 1.5:1 (i.e., 1.5feet of setback for every 1 foot of building height) slope line drawn from the Stevens Creek Blvd. and Homestead Road curb linesand below 1:1 slopelinedrawn from Wolfe Road and Tantau Avenue curb line. Priority Housing Sites: Notwithstanding the heightsand densitiesshown above, the maximum heightsand densitiesfor Priority Housing Siteidentified in theadopted Housing Element other than theVallco Shopping District %ecial Area shall beas reflected in the Housing Element. TheVallco Shopping District Special Area shall be subject to the heights and densities shown above, with residential uses permitted in the Regional Shopping/Residential designation as shown in Figure LU -4. Amend Chapter 3, Page LU -18 as follows: 4. Uses. Include a substantial viable, retail component. Retail and activeusessuch as restaurants, outdoor dining, and entries are required along theground floor of main street frontages, and such usesareoptional on theground floor of residential buildings within the Regional Shopping/Residential designation. Mix of unitsfor young professionals, couplesand/or active seniors who Iiketo Iivein an active" mixed-use village" environment. Officeuses, if allowed, should provide active uses on theground floor street frontage, including restaurants, cafes, entries, lobbies, etc. Amend Chapter 3, Pages LU -50 and LU -51 as follows: VALLCO SHOPPING DISTRICT SPECIAL AREA The City env isionsa completered evelopment of the existing Val Ico Fashion Mall into a vibrant m i xed -u se " tow n center" that isafocal point for regional visitors and the community. This new Val Ico Shopping District will become ad estinati on for shopping, dining and entertainment in the Santa Clara Valley. POLICY LU -19.1: ALLOWED LAND USES The fol lowing uses areal lowed in the Val I coShopping District Special Area (see Figure LU -2 for residential densities and criteria and Figure LU -4 for location of allowable land u ses : 1. Residential: Permit residential and ground floor commercial development within the portion of the site designated for Regional Shopping/Residential uses in advance of creatina asaecific plan, at a maximum densitv of 35dwelIina units per acre and a minimum density of 29.7 dwelling units per acre by right, with maximum heights as shown in FigureLU-2. Limited ground floor commercial uses are permitted, but not required, in connection with residential development. Additional housing may beconsidered on thesitewith thedevelopment of a Specific Plan and General Plan amendment asidentified in Policy LU -19.3. 2. Non -Residential: Permit commercial usesconsistent with the Reaional Shopping/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 morethan 30 percent of retail uses. POLICY LU -19.2: DEVELOPMENT STANDARDS New develoament within theVallco ShODDina District %ecial Area shall bereauired to comDly with thefollowina standards: LU -19.2.1: "Town Center" Layout. (formerly LU -19.1.5) Create streets and blockslaid out using "transect planning" (appropriate street and building typesfor each area), which includes a discernible center and edges, public spaceat center, high quality publicrealm, and land uses appropriate tothestreet and building typology. Private streets must be open to the sky. Connections between buildinasareDermitted at levels above the third floor for Dublicservina usesor for limited walkways (no wider than 10 feet) which may be Drivate. 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 bikelanes, widesidewalks, street trees, improved pedestrian intersectionsto accommodate the connections to Resebowl Nineteen800, aP4 Main Street. and the surroundina areas. POLICY LU 19.1 LU -19.3: SPECIFIC PLAN Create a Val Ico Shopping District Specific Plan and a related General Plan amendment prior to any development on the site portion of the site with the Regional Shopping designation, which shall seek to provide substantial additional housing opportunitiesat the site, and that lays out the land uses, design standards and guidelines, and infrastructure imp rovementsrequired. In order to allow avibrant town center development, as part of the Specific Planning process consider a General Plan amendment that would allow additional housing within theVallco Shopping District, especially affordableto low, very low, and extremely low-income householdsand housing for personswith disabilities, including developmental disabilities. The Specific Plan will be based on the following strategies: STRATEGIES- LU-19.3.1-LU TRATEGIES: LU -19.3.1' "'T: Master Developer. Redevelopment of the portion of the sitewith the Regional Shopping designation pursuant to the specif i c p I an will req uirea master developer in order rem ovethe obstaclesto the development of a cohesi ve d i stri ct with the highest levels of urban design. LU -19.3.2' "_: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to designating any additional area for residential uses pursuant to Policy LU -19.3 add0Rg resmdentia! and off 0Ge Yse . Parcel i zati on is highly discouraged in order to preserve the sitefor redevelopment in thefuture. LU -19.3.3' ".: Complete Redevelopment. The"town center" plan should bebased on complete redevelopment of thesitein order to ensure that the site can be planned to carry out the community vision. wwr 1 . . 19.1.5: "Town Center" Lay (nowLU-19.2.1) 1 111111 LU-19.3.4LU .: Connectivity. Providea newly configured completestreet grid hierarchy of streets, boulevardsand alleysthat ispedestrian-oriented, connectsto existing streets, and createswalkable urban blocksfor buildingsand open space. It should also incorporate transit facilities, provide connections to other transit nodesand coordinatewith the potential expansion of Wolfe Road bridgeover Interstate280to continue the walkable, bikeable boulevard concept along Wolfe Road. The project should also contribute towards a study and i m provements 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 trai 1. S rnprove SteveRS Greek Boulevard and Wolfe Read te beGerne mere bi ke FIRM 0.7—m- Renumber LU -19.1.8 throuah LU -19.1.14 as LU -19.3.5 throuah LU -19.3.11. Add following text to Appendix A, page A-6 Reizional Shovvinw This desianation aaDlies to the Dortions of the Val Ico %ODDin District Special Area that do not allow residential uses. This designation allows commercial uses that incl ude retai I sales, businesses, and service establ ishments with direct contact with customers. High -performing retail, restaurant and entertainment uses are Dermitted. Hotel uses are Dermitted. 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 applies 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 dwelling units per acre and a minimum density of 29.7dwelling units per acre by right. Limited, supporting commercial uses that includeretaiI sales, businesses, and service establish mentswith 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 structureswith ua to fivelevelsin residential onlv structuresor ua to six levelsin structuresthat include ground -floor commercial useswith theheights indicated in Figure LU -1. Exhibit GPA -02B City of Cupertino Land Use Map Designate 13.1 acres of Vallco Site as Regional Shopping / Residential; designatethe remainder of the site as Regional Shopping - TBD based on Planning Commission input.] Edit legend text as follows: Notwithstanding thedensities shown above, sites are designated as Priority Housing Stites in the adopted Housing Element shall havethe densitiesshown in the Housing Element asfurther defined in Figure LU -2 in the Land Use Element.] M CA -2019-01 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OFTHE PLANNING COMMISSION OF TH E CITY OF CUPERTINO RECOMMENDING THAT THE CITY COUNCIL ADOPT MCA -2019-01, AN ORDINANCE ELIMINATING REFERENCESIN THE MUNICIPAL CODETO THEVALLCO TOWN CENTER SPECIFIC PLAN AND ADDING LANGUAGE ESTABLISHING DEVELOPMENT STAN DARDSFORA NEW MIXED USEPLANNED DEVELOPMENTWITH MULTIFAMILY (R3) RESIDENTIAL AND GENERAL COMMERCIAL ZONING DESIGNATION (P(R3,CG)) WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered amendments to the City's Municipal Codeto 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. This zoning designation would include development standards enabling the mixed use or residential -only development contemplated for the Vallco Shopping District Special Area. WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findings set forth in the Draft Ordinance attached hereto as Exhibit A aretrueand correct and are incorporated into this Resolution asthough fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Ordinance attached hereto as Exhibit A, adopt the proposed Municipal Codeamendments. M CA -2019-01 PASSED AND ADOPTED this 30th day of July, 2019, at aSpecial Meeting of the Planning Commission of the City of Cupertino, Stateof California, by thefollowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: Benjamin Fu Community Development Director APPROVED: R Wang, Chair Planning Commission EXH I BIT A ORDINANCE NO. AN ORD INA NCE OF THE CITY COUNCIL OF THE CITY OFCUPERTINO ELI MIN ATINGREFERENCESIN THEM UNICIPAL CODE TOTHE VALLCO TOWN CENTER SPECIFIC PLAN AND ADDING LANGUAGE ESTABLISHING DEVELOPMENT STANDARDS FORA NEW MIXED USE PLANNED DEVELOPMENTWITH MULTIFAMILY(R3)RESIDENTIAL AND GENERAL COMMERCIAL ZONING DESIGNATION (P(R3,CG)) SECTI ON I : PROJECT D ESCRI PTI ON Application No: MCA -2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #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 11: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Val Ico Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units to be developed pursuant to a specific plan for the Special Area; and WH EREAS, at a study session on June 18, 2019, as required by Housing Element Strategy 1 becausea specific plan has not been adopted, the City Council considered removing the Vallco Shopping District Special Area asa Priority Housing Ste and replacing it with the sites shown in Housing Element "Scenario B," which involves upzoning sites within the City other than the Val lco Shopping District Special Area; and WH EREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to not pursue removing the Vallco Shopping District Special Area as Priority Housing Site and replacing it with the sites shown in Scenario B, and City Council directed staff to instead prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area consistent with 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. , approving a General Plan Amendment to remove office uses as a permitted land use within the Vallco Shopping District Special Area and remove the associated office development allocation, and Resolution No. , approving a 3 EXH I BIT A General Plan Amendment to establish height limits and enact development standards for residential useswithin theVallco 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 thetext 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, the Planning Commission recommended on a X -X vote that the City Council adopt the Ordinance (M CA -2019-01), in substantially similar form to the Ordinance presented; and WHEREAS, on August 20, 2019and upon duenotice, the City Council has held at least two public hearingsto consider the Municipal CodeAmendment; and WHEREAS, on August 20, 2019, by Resolution No. [XXXX], the City Council adopted the Second Addendum to the Final EIR (EA -2013-03); and WH EREAS, 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 CodeAmendments included in the Ordinance. 4 EXHIBIT A SECTION III N OW, TH EREFORE, BE IT ORDA I N ED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby adopts the Municipal Codeamendments based on thefindings 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 findsthefollowing asset 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 amendmentsare 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 City Council meeting with Resolution Nos. and ) 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 to the 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 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 absenceof 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 5 EXHIBIT A 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 p arcel s. 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 theAmend mentstothe Municipal Code Application No. MCA -2019-01) asshown in Exhibit A and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of thefinal published Municipal Code. Section 4. If any portion of this Ordinance or its application isfor 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 haveadopted each section, sentence, clauseor phraseof this Ordinance, irrespectiveof thefact that any oneor more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 5. The City Council directsthe Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA and the CEQA guidelines. 0 EXH I BIT A Section 6 This Ordinance shall not take effect unless and until General Plan Amendments GPA -2019-01 and GPA -2019-02 become effective. INTRODUCED this 20th day of August, 2019, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N OES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk APPROVED: Steven Scharf Mayor, City of Cupertino EXH I BIT A Exhibit A 19.12.030 Approval Authority. Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Datesfor different typesof Permits. Table 19.12.030 - Approval Authority Type of Permit or Decision ^ s Administrative Review Design Review Committee Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period Noticing/ NoticingSite Radius D Posted Notice Expiration Date F Chapter/ Findings General Plan Amendment Major t I I R I F PH CA. Govt. Code 65350-65362 Yes CA. Govt. Code 65350-65362MinorISIRIFPHFYes Zoning Map Amendments Major F I I R II—F I PH CA. Govt. Code 65853-65857 Yes 19.152.020 M i nor ISI R II F I PH I Y Zoning Text Amendments R F IF IF PH CA. Govt. Code 65853-65857 19.152.030 4)ecific Plans R F I F I PH CA. Govt. Code 65350-65362 20.04.030 Development Agreements R LLH CA. Govt. Code1EY 65867 s Fig19.1120 Development Permits Major F, H II I F/R IF A'/F PM I 19.12.110/300' F Yes IF I YesJE 2years 19.156.050 Minor G 01- IF ISI A' I A, PM I 2 years Conditional Use Permits Major F, H, I I. IF II II A'/F/R II A'/AvF II PH I CA. Govt. Codel 65905 Yes II 2year s 19.156.050 Minor G, I II IF II I A'/F/R I A'/ Az'F PH I I Yes 2years Temporary F A' Az NoNo]F1 year None 19.160.030 Density Bonus Residential) R F Based on concurrent application 19.52 Adult -Oriented Commercial Activity CU P) R FF=Govt. Code 65905/300' Yes 2years 19.128.030& 19.128.040 Architectural and Site Approval Major J IF I I A' I A PM I19.12.110/ Yes 2 years 19.168.030 i= 2 yearsMinorKFISIA' I Az PM I Amendment Major F, H II I F I A Varies' II Depends on I permit being ame nded Yes Yes 2years 2 ears 19.44, 19.144, 19.156, 19.164MinorFAAVaries Minor Modification II F I I A' I A2 I None No 2years 19.164 EXH I BIT A Table 19.12.030 - Approval Authority Public Type of Permit or Administrative Design Planning City Hearing/ Public Noticing/ Posted Expiration Chapter/ Decision A, e Review Review Committee Commission Council Meeting/ Noticing Radius D Site Notice Date E Findings Comment Period Hillside Exception/ Height Exception/ F A' PH 19.12.110/300' Yes 2 years 19.40.080, 19.24.070, Heart of the City 19.136.090 Exception I Variance F A' Az PH CA. Govt. Code 65905 Yes 2years 19.156.060 conforStatus m non- conforming Use F A PH 19.12.110/300' Yes 19.140.110 Depends on WirelessAntennas ' F F/A' A2 Varies' application Yes 2years 19.136.090 type Signs Permits F I I A' I A None —1F--19-104No1year Neon, Reader board & Freeway F F FA PM 19.12.110/300' N o1 year 19.104 Oriented Signs' Programs F II II A' II A2 II I None II No II 1 year II 19.104 Exceptions' F I A' "' PM 19.12.110/ Adjacent Yes 1 year 19.104.290 19.12.110/ Parking Exceptions' F F A'A/AFvar Adjacent/ Yes 1 year 19.124.050 300'11 Fence Exceptions J F I A„ PM 19.12.110/ AdjacentI Yes 1 year 19.48.060 Front Yard Interpretation F A' Az=PM 19.12.110/ Adjacent Yes 1 year 19.08 R-1 Ordinance Permits Two story' II F hI F/A' Varies' Yes 1 year 19.28.140 Minor Residential II F II II A' I Az CP I A 12.110/ acent No 1 year Exceptions' I -I I A'M PM II Yes 1 year Protected Trees Tree Removal F A' A2 CP Adjacent unless exempt Yes 1 year 14.18.180 H eritage Tree Designation & F A' PM 19.' / 300 300' Yes 14.18 Removal Tree Management F A' FA IF71 None No 14.18 Plan Retroactive Tree Removal F A A None No 14.18 Reasonable F A A None N o 1 year 19.52.050 Accommodation EXHIBIT A Table 19.12.030 - Approval Authority Public Hearing/ Type of Permit or Administrative Design Planning City Public Noticing/ Posted Expiration Chapter/ Decision A• B Review Review Commission Council Meeting/ Noticing Site Date E Findings Committee Radius ° Notice Comment Period c Extensions P Parking, Fence& Sign Exceptions& F A' A2 None No 1 year Front Yard Interpretations Neon, Reader board & Freeway F A' A2 None No 1 year Oriented Signs Two Story Permits, Minor Residential F A' A2 None No 1 year Permits and Exceptions Tree Removals F A' A2 No 1 year 19.12.110/ All other projects F A' A2 No 2years N one Ferp itsw ntTfhe Val l rATe...n(`enteZ _ see\/al l nn TAw n!`enter SpeGifi n 121 -an KEY: R—Review and recommendation body F—Final decision-making body unlessappealed A'—Appeal Body on first appeal A2 --Appeal body on second appeal PH—Public Hearing PM —Publ i c M eeti ng CP—Comment Period N otes: A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development. B. Projects with combined app IicationsshalI be processed at the highest level of approval in conformancewith Section 19.04.090. C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project typesthat need only a mailed noticeand no newspaper notices; Comment Period: Project typesthat need only a mailed noticeand do not need a public hearing or public meeting. D. Noticing Radiusof an application in acombined application shall correspond tothe maximum noticing radiusrequired for any oneof the applications. E. Expiration dateof an application in a combined application shall correspond to the 10 EXH I BIT A maximum expiration date allowed for anyone of the development app I ications (not including Subdivision Map Act applications, General Plan Amendmentsand Zoning Map or Text Amendments.) F. Major General Plan Amendment, Conditional Use Permit, Development Permit application -for morethan ten thousand squarefeet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units. G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application -for ten thousand squarefeet or lessof 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 squarefeet 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 regulationsor chapters in thistitlethat apply to the subject property or project for approval authority. J. Major Architectural and Site Approval application -architectural and siteapproval for all projectsthat are not a Minor Architectural and Ste Approval application. K. Minor Architectural and Site Approval application -singlefamily home in a planned development zoning district, minor building architectural modifications, landscaping, signsand lighting for new development, redevelopment or modification in such zoneswhere review is required and minor modificationsof duplex and multi- family buildings. L. Meeting typeand noticing aredependent on theunderlying 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 Exceptionsin Single-family residential (R1)zonesand Duplex (R2)zones need adjacent noticing. All other Parking Exceptions need noticeswithin threehundred feet oftheexterior 11 EXH I BIT A boundary of the subject property. P. Application must befiled prior to expiration dateof permit. Permit isextended 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 bel ow Table 19.16.010B - Specific Plan Districts Zoning Map Designation I Specific Plan Name Heart of the City Heart of the City VT -G Val lnn T-AwA i`eRTer \/ollnA TAW QPAtPr Land uses and development standards within a specific plan zone shall be as prescribed in the specific plan. 19.16.030 Zoning Map and District Boundaries. A. The boundaries of districts established by this title shall be shown upon the zoning map. Thezoning map, and all amendments, changes, and extensions thereof, and all legends, symbols, notations, references, and other matters shown thereon shall bea part of thistitle. B. Thezoning map, ascurrently effective, and a record of all amendments, changes and extensions thereof, shall bemaintained asa publicrecord in theofficeof 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 titlefor each general district and all other regulations applicable therein asset forth in this title are established and declared to be in effect upon all 12 EXH I BIT A portionsof landsincluded within theboundariesof each and every district asshown upon thezoning 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 regulationsapplicablewithin each district shall apply only to eachthe 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 thischapter. B. All P districts shall be identified on thezoning map with the letter coding "P" followed by a specific reference to the general type of use al lowed in the particular planning development zoning district. For example, a planned development zoning district in which the usesareto begeneral commercial in nature, would bedesignated 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 Pzoning district shall consist of all useswhich are permitted in thezoning district which constitutes the designation following the letter coding "P." For example, the permitted uses in a P(CG)zoning district arethesame useswhich are permitted in a CG zoning district for stieswith a mixed-use residential designation, Section 19.80.030F shall apply. D. Conditional uses in a Pzoning district shall consist of all useswhich requirethe issuanceof a conditional use permit in thezoning district which constitutesthe designation following the letter coding "P." For example, theconditional uses in a P(CG) zoning district arethesame useswhich requirea conditional use permit in CG zoning district. Each conditional use in a Pzoning district requiresa separate conditional use permit for siteswith a mixed-use residential designation, Section 19.80.030F shall apply. 13 EXH I BIT A E. The general category of uses in a Pzone shalI bed efined at the time of the conceptual plan, and shall be consistent with the adopted General Plan rel ativetot he property in the application. The development standards and regulations of the permitted and conditional usesshall beestablished in conjunction with theapproval of theconceptual and definitive plans, unless specifically identified in Section 19.80.030F below. Developments which arenot subject to discretionary approval by the City must comply with the development standards of the underlying zoning district. F. For siteswith a mixed-use residential designation thefollowing shall apply: 1. For sites in the Monta Vista Village Special Area, residential shall be a permitted u se. 2. If asiteislisted asaPriority Housing Stein 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 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 Ste that exceeds the number of units designated for that Priority Housing Siteshall beaconditional use. 4. Priority Housing Sitesshall beshown on theCity'szoning map. 5. For siteszoned P(R3, CG), multifamily residential useistheprimary permitted use. Commercial uses may be incorporated into the develoament on the around floor but shall not bethe primary Dermitted use. G. For siteswhich require a specific plan prior to development approval, the permitted and conditional usesand all development regulations shall beasshown in the specific plan. 14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, Calif ornia95014 RESOLUTION NO. [INSERT] A RESOLUTION OFTHE PLANNING COMMISSION OF TH E CITY OF CU PERTI N O RECOMMENDING APPROVAL OFA N ORDINANCE OFTHECITY COUNCIL OFTHE CITY OF CUPERTINO AMENDING THEZONING MAPTO REZONE 13.1 ACRESWITHIN THE VALLCO SHOPPING DISTRICT SPECIAL AREA TO MIXED USE PLANNED DEVELOPMENTWITH MULTIFAMILY(R3)RESIDENTIAL ZONING P(R3,CG)AND GENERAL COMMERCIAL USESAND THE REMAINDEROFTHE SPECIAL AREA TO GENERAL COMMERCIAL (CG) WHEREAS, at a duly noticed public hearing held on July 30, 2019, the Planning Commission of the City of Cupertino considered amendments to the City's Master Zoning Map to rezone the Vallco Shopping District Special 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); and WHEREAS, the Planning Commission has duly considered all evidence, including testimony and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission hereby finds and declares that each of the recitals and findings set forth in the Draft Ordinance attached hereto as Exhibit Aare true and correct and are incorporated into this Resolution as though fully set forth herein. 2. The Planning Commission recommends that the City Council, in substantially similar form to the Draft Ordinance attached hereto as Exhibit A, adopt the proposed Master Zoning Map amendments. PASSED AND ADOPTED this 30th day of July, 2019, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the fol lowing roll call vote: AYES: COMM ISSI ON ERS: N OES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Benjamin Fu R Wang, Chair Community Development Director Planning Commission EXH I BIT A ORDINANCE NO. AN ORD INA NCE OF THE CITY COUNCIL OF THE CITY OFCUPERTINO AMENDING THE ZONING MAPTO REZONE 13.1 ACRESWITHIN THE VALLCOSHOPPING D I STRICT SPECIAL AREA TO MIXED USE PLANNED DEVELOPMENTWITH MULTIFAMILY (R3) RESIDENTIAL ZONING P(R3,CG)AND GENERAL COMMERCIAL USESAND THE REMAINDEROF THE SPECIAL AREA TO GENERAL COMMERCIAL (CG) SECTI ON 1: PROJECT D ESCRI PTI ON Application No: Z-2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd A PN #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 11: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Val Ico Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units to be developed pursuant to a specific plan for the Special Area; and WH EREAS, at a study session on June 18, 2019, as required by Housing Element Strategy 1 becausea specific plan has not been adopted, the City Council considered removing the Vallco Shopping District Special Area as Priority Housing Ste and replacing it with the sites shown in Housing Element "Scenario B," which involves upzoning sites within the City other than the Val lco Shopping District Special Area; and WH EREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to not pursue removing the Vallco Shopping District Special Area as Priority Housing Site and replacing it with the sites shown in Scenario B, and City Council directed staff to instead prepare a General Plan Amendment to permit 389 residential units by right within the Vallco Shopping District Special Area consistent with 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. , approving a General Plan Amendment to remove office uses asa permitted land usewithin theVallco Shopping District Special Area and remove the associated office development allocation, and Resolution No. , approving a General Plan Amendment to establish height limitsand enact development 3 EXH I BIT A standardsfor residential useswithin theVallco Shopping District Special Area; and WHEREAS, the Ordinance amends the City's Master Zoning Map apply thenew Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)) created in MCA -2019-01 to theVallco 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, the Planning Commission recommended on a X -X vote that the City Council adopt the Ordinance (Z-2019-01), in substantially similar form to the Ordinance presented; and WHEREAS, on August 20, 2019and upon duenotice, 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. [XXXX], the City Council adopted the Second Addendum to the Final EIR (EA -2013-03); and WH EREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WH EREAS, 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. n EXHIBIT A SECTION III N OW, TH EREFORE, BE IT ORDA I N ED: 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 findsthefollowing asset 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 amendmentsare 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 City Council meeting with Resolution Nos. and ) 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 to the 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 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 absenceof 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 5 EXHIBIT A 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 p arcel s. 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 totheMaster Zoning Map asshown in Exhibit A. Section 4. If any portion of this Ordinance or its application isfor 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 declaresthat it would haveadopted each section, sentence, clauseor phraseof this Ordinance, irrespectiveof thefact that any oneor more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 5. The City Council directsthe 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 Amendments GPA -2019-01 and GPA -2019-02 become effective. 0 EXH I BIT A INTRODUCED this 20th day of August, 2019, at a Regular Meeting of the City Council of the City of Cupertino and ENACTED at a Regular Meeting of the City Council of the City of Cupertino by thefollowing roll call vote: AYES: N OES: ABSTAIN: A BSEN T: ATTEST: Grace Schmidt City Clerk 7 APPROVED: Steven Scharf Mayor, City of Cupertino EXHIBIT A Designate 13.1 acres of site as P(R3,CG) and remainder of site as CG.] 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. Zoning Prior to Zoning Proposed byAPNOrd. Z-2018-2178 New Zoningg Adoption Ord. Z-2018-21781 316-20-080 P(CG) Val Ico Town Center CG or P(R3, CG)] 316-20-081 P(CG) Val Ico Town Center CG or P(R3, CG)] 316-20-088 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-092 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-094 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-095 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-099 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-100 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-101 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-104 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-105 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-106 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 316-20-107 P(Regional Val Ico Town Center CG or P(R3, CG)] Shopping) 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. CHAPTER 2: PLANNING AREAS I general plan (community vision 2015 - 2040) VALLCO SHOPPING DISTRICT 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 direction, and divides Vallco Shopping District into distinct subareas: Vallco Shopping District Gateway West and Vallco Shopping District 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. Currently, the major tenants of the mall include a movie theater, bowling alley and three national 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 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 boundary walls, setbacks, landscaping or building transitions. VALLCO SHOPPING DISTRICT SPECIAL AREA DIAGRAM cial/Office/ Reside ntial toute CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) POLICY LU -1.4: PARCEL ASSEMBLY POLICY LU -1.6: JOBS/HOUSING Encourage parcel assembly and BALANCE discourage parcelization to ensure Strive for a more balanced ratio of that infill development meets City jobs and housing units. standards and provides adequate buffers to neighborhoods. POLICY LU -1.5: COMMUNITY HEALTH THROUGH LAND USE Promote community health through land use and design. commercial (s7 office (s.f.) hotel (rooms) residential (units) current current current current built buildout available built buildout available built buildout available built buildout available Oct 7,2014) Oct 7,2014) Oct 7,2014) Oct 7,2014) Heart of the City 1,351,730 214,5000 793,270 2,447,500 2,464,613 17,113 404 526 122 1,336 1,805 469 Vallco Shopping 1,207,774 120,7774 2,000,000 2,000,000 148 339 191 389 389 District** Homestead 291,408 291,408 69,550 69,550 126 126 - 600 750 150 N. DeAnza 56,708 56,708 2,081,021 2,081,021 126 126 - 49 146 97 N. Vallco 133,147 133,147 3,069,676 3,069,676 123 123 - 554 1154 600 S. De Anza 352,283 352,283 130,708 130,708 315 315 - 6 6 Bubb 444,753 444,753 MontaVista 94,051 99,698 5,647 443,140 456,735 13,595 828 878 50 Village Other 144,964 144964, 119,896 119,896 18,039 18,166 127 Major 109,935 633,053 523,118 Employers Citywide 3,632,065 4,430,982 798,917 8,916,179 11,470,005 2,553826, 1116 1429 313 21,412 23,294 1,882 Buildout totals for Office and Residential allocation within the Vallco Shopping District are contingent upon a Specific Plan being adopted for this area by May 37, 2018, if a Specific Plan is not adopted by that date, City will consider the removal of the Office and Residential allocations for Vallco Shopping District. See the Housing Element (Chapter 4) for additional information and requirements within the Vallco Shopping District. 1 1 1 1 j 1 1 1 1 1 1 1 1 1 1 1 SARATOGA 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 adjacent to residential areas: Heights and setbacks adjacent to residential areas will be determined during project review. For the North and South Vallco Park areas (except for the Vallco Shopping District Special Area): 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. Rooftop Mechanical Equipment: Rooftop mechanical equipment and utility structures may exceed stipulated height limitations if they are enclosed, centrally located on the roof and not visible from adjacent streets. Priority Housing Sites: Notwithstanding the heights and densities shown above, the maximum heights and densities for Priority Housing Sites identified in the adopted Housing Element shall be as reflected in the Housing Element. Special Areas Q Homestead North Vallco Park Heart of the City North De Anza South De Anza rmM Monta Vista Village Bubb Road Vallco Shopping District Neighborhoods Neighborhoods Hillside Transition Urban Service Area Sphere of Influence Urban Transition City Boundary Boulevards (Arterials) Avenues (Major Collectors) Avenues (Minor Collectors) 0 Key Intersections Neighborhood Centers Homestead Special Area Maximum Residential Density Up to 35 units per acre per General Plan Land Use Map 15 units per acre (southeast corner of Homestead Road and Blaney Avenue) Maximum Height 30 feet, or 45 feet (south side between De Anza and Stelling) North Vallco Park Special Area Maximum Residential Density 25 units per acre Maximum Height 60 feet Heart of the City Special Area Maximum Residential Density 25 or 35 (So thvauco) units per acre Maximum Height 45 feet, or 30 feet where designated by hatched line North De Anza Special Area Maximum Residential Density 25 units per acre Maximum Height 45 feet South De Anza Special Area Maximum Residential Density 25 (north of Bollinger) or 5-15 (south of as) units per acre Maximum Height 30 feet Monta Vista Village Special Area Maximum Residential Density Up to 15 units per acre per General Plan Land Use Map Maximum Height Up to 30 feet Road Special Area Maximum Residential Density 20 units per acre Maximum Height 45 feet Vallco Shopping District West of Wolfe Rd East of Wolfe Rd Maximum Residential Density Maximum Residential Density 35 units per acre 35 units per acre Maximum Height Maximum Height Per Specific Plan Per Specific Plan Neighborhoods Maximum Residential Density As indicated in the General Plan Land Use Map; 15 units per acre for Neighborhood Commercial Sites Maximum Height 30 feet CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) 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: SPECIFIC PLAN Create a Vallco Shopping District Specific Plan prior to any development on the site 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 -19.1.1: Master Developer. Redevelopment 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 -19.1.2: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential and office uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future. LU -19.1.3: 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. LU -19.1.4: Land Use. The following uses are allowed on the site (see Figure LU -2 for residential densities and criteria): CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) E 3. 4. Retail: High -performing retail, restaurant and entertainment uses. 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. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor. Residential: Allow residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals, couples and/or active seniors who like to live in an active "town center" environment. Office: Encourage high-quality office space arranged in a pedestrian -oriented street grid with active uses on the ground floor, publicly -accessible streets and plazas/green space. LU -19.1.5: "Town Center" Layout. 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. LU -19.1.6: 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. LU -19.1.7: Existing Streets. 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 and Main Street. 7 CHAPTER 3: LAND USE AND COMMUNITY DESIGN ELEMENT I general plan (community vision 2015 - 2040) LU -19.1.8: Open Space. Open space in the form of a central town square on the west and east sides of the district interspersed with plazas and "greens" that create community gathering spaces, locations for public art, and event space for community events. LU -19.1.9: Building Form. Buildings should have high-quality architecture, and an emphasis on aesthetics, human scale, and create a sense of place. Taller buildings should provide appropriate transitions to fit into the surrounding area. LU -19.1.10: Gateway Character. High-quality buildings with architecture and materials befitting the gateway character of the site. The project should provide gateway signage and treatment. LU -19.1.11: Phasing Plan. A phasing plan that lays out the timing of infrastructure, open space and land use improvements that ensures that elements desired by the community are included in early phases. LU -19.1.12: Parking. Parking in surface lots shall be located to the side or rear of buildings. Underground parking beneath buildings is preferred. Above grade structures shall not be located along major street frontages. In cases, where above -grade structures are allowed along internal street frontages, they shall be lined with retail, entries and active uses on the ground floor. All parking structures should be designed to be architecturally compatible with a high- quality "town center" environment. LU -19.1.13: Trees. Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when new development are proposed. LU -19.1.14: Neighborhood Buffers. Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single- family residential areas from visual and noise impacts. Sher fz SUNNYVALE andai Heron Ave .k 7. ctPar view ti r-. . .yam ., -,% a +,.-:-' P + fvlerri 4 ., r.c. Q. ..E. T. o. L '-O - O • .. Z AmherstDr X. i 3 f. wy f91, ,.< a l IFx- ; 1 Stevens C r k Blvd. 41 r... .f .a .rte -:... ••>ft' - 'Cupertino seEnan tw' 1 1 1 O F F I C E O F 0 U N T Y A S S E S S O R S27.53 72383 2 4 s, o0 32 2s 26 1osO17.6310.54 rn 37.47 AUBURN DRIVE O r in 35 42.44 r v M 88 Na> cP26, .6 R`RI 77 a 0 16 X93061 S A N T A C L A R A 03 I` APPRAISERS REQ. 9 0 29 PCL. 1-C(2)4 2007-06 M2. 222 Ac Sys S,s 5.16 Ac. Net \ g? s N PCL. B 1t4• 51 L a -10380/90 Perimeter Rd.- O 303.10 'S5o I& may. /s76.01 128.01 ti 384.58 72 68r3S 140,508sf Cala 55.763 87 N 44 6 3q. „ o I B O 6 k N 106 2 X65 NM r, 106 Q s N gg I N I M ^ O O N I M L. 't PTN. PCL. 1-C1(2) 104 0.90 Ac. I 1 ca1c. . 1 9.98 Ac Gross to266_10 1.08 Ac. 14- h N n I 0 -- Z pO q 233.5 , Q ti 00 ti No JOs o OWNERS REQ. PCL. 1-A(2) 0 105 N a sus 'slee 4> 2 2009-10 Q M 199,529sf 0 1 94I 101 a N1 - 100 Ito 10333,10123 vo I rn 1 N.WOLFE RD.- p _ o I t o off0/ 0677Ac - PTN.PCL. 1 1M AMHERST _ X86. 48 M N4' 103.37 - - 3.368 Ac DRIVE 299.01 //VO 115.55 r1 O n rn 65 0) 74.30 61.04 M a1 ^ O Lo Of Lo rof O 107 a) 223.23 nl 299.55 I ---------------9 287,383 sf Calc. R80,893sf Q a28.os 1 95 PCL. 2 co PTN. PCL. 1-C1(2) J IL 2.710 Ac Net 1 N ( 504,426sf Total) 94' 76' 631.28 80 63 80712 VALLCO 28 un, ( ECFV. 219.5 ft.) c" N 81 N W ZWHEATONQDRIVE P.M.586-M-44 25' 19645 THRU 19745 00 J 628.39 PCL. 1 O 0 M ZI 1. 83 5.222 Ac. 598.56 C 0 U N T Y, J-96 PCL. 1 ate, 8.29 Ac. Net I 0-1I 1 521 I 76 C N1 220 I O I 0IN NI I 236.6222A 16> _ 1990 91 4.38 Ac. 1'2 1'0 R 0 52 ht SEE DET. " 774.17 SEARS L J 80 791.32 C A L I F O R N I A BOOK PAGE 316 20 CMN. AREA 295.02 19550 VALLCO PKWY. - UNIT A RESIDENTIAL I W W 118 UNIT B 119 ' COMMERCIAL 19540 -M-LLC-0 PKWY. 204.73 CD. 23314459 DETAIL - N.T.S. s 18 1 Qv. Z 6j! 25.0 PCL. 1 ?9S 9.24 Ac. Net s9 N • /-•c7// / 75 ' R3Sg29e28 71 PCL. 3 7.955 Ac. Net 0 117 7A>" 0 If - W+ W N \ E- 300' -300' P.M. 438-M-13 N C.C. 6405943 60.91' p' 00 M O/ ' c 12.41 Ac. Net 25 19805 19621/23 369 STEVENS CREEK s N PCL.5 ;' ' o 130' 1.612Ac 9 ss 22\ 38.q 204.73 -4 PCL. 4 s BS? 33 172 40. .9 4.6 19.5364.03 400.22 - - - 1.522 Ac. 4s s 9 7 1s1 r -1ssia sOs \ zo8.as s PCL. A l 115'ice PCL.A '2353 54 ^'1d 1.594 Ac. ms's 27 N p }194291191 ' COMMON AREA nl 3.02 54.80 160.23 O yam• I Stevens 17 I n 86 71 69 FOR-PCLS. 1_ 4WI , CITY OF L _Crk•_ M" _ 114 PCL. 3 LL o M A Q n, CUPERTINO ESMT. U I 134.36 a- R- 292 N I n `t,+ N DOC. 22964247 E1 " J16 N 1 N 1.517 Ac. q;1 1 13 O h r) 144.$5 33,298sf NI 112 no 01 -19339 Stevens32114Crk.-' 3g15 nL------- O Cw/. 327.25 - - PCL. 2 4.397 AC. 1.487 PCLA i Ac. 10.969 Ac. I-1s31s- 236.32 39296 - 91 173.26 169.14 135.22 19499/7.. P.M. 769-M-44 375 P.M. 325-M-12 375 1 2 BLVD. I; IQ 19 v I < TRACT N0. 10172 874-M-4 IZ P.M. 576-M-31 TRA DET MAP 85, 95 ILAWRENCE E. STONE - ASSESSOR adastral map for assessment purposes only. Compiled under R. & T. Code, Sec. 327. Effective Roll Year 2019-2020 Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Draft EIR State Clearinghouse No. 2014032007 Prepared by the City of Cupertino CUPERTINO In Consultation with N DAVID I POWERSo©a EL: ©CoaNWNTALCONSULTANTS & PLANNERS July 24, 2019 SECTION 1.0 INTRODUCTION AND PURPOSE This Addendum to the Final Environmental Impact Report ("Final EIR") for the City of Cupertino General Plan Amendment, Housing Element Update and Associated Rezoning (the "Final EIR project") (State Clearinghouse Number 2014032007) addresses proposed modifications to the General Plan land use designations in Cupertino Community Vision 2015-2040 ("General Plan") and the zoning for the Vallco Shopping District. The City of Cupertino certified the Final EIR in December 2014, adopted the General Plan in December 2014 with subsequent minor edits adopted in October 2015, and adopted the Housing Element in March 2015. The Final EIR analyzed land use alternatives that included citywide development allocations (as well as building heights and densities) for five Special Areas, seven Study Areas, and other Special Areas. The purpose of this Addendum is to evaluate whether the proposed modifications to the development allowed in Final EIR Study Area 6 (Vallco Shopping District), which are described in Section 3.0 Proposed Modifications to the Final EIR Project below, will require major revisions to the Final EIR due to new significant impacts or a substantial increase in the severity of significant impacts previously identified in the Final EIR. This Addendum has been prepared by the City of Cupertino as the Lead Agency, in conformance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the regulations and policies of the City of Cupertino. SECTION 2.0 STANDARD FOR PREPARATION OF AN ADDENDUM CEQA Guidelines Section 15164 states that the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. CEQA Guidelines Section 15162 states that when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: Vallco Shopping District," as used in this Addendum, refers to the Vallco Shopping District Special Area in the General Plan. 1 Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 3.0 PROPOSED MODIFICATIONS TO THE FINAL EIR PROJECT The proposed modifications to the Final EIR project are to the land uses, amount of development, and height of structures allowed in Study Area 6 (Vallco Shopping District). The Vallco Shopping District is approximately 70 acres in size, with 58 of those acres currently available for development. The Vallco Shopping District is bounded by Interstate 280 (I-280) to the north, portions of North Wolfe Road and Perimeter Road to the east, Stevens Creek Boulevard to the south, and another portion of Perimeter Road to the west. A vicinity map of the Vallco Shopping District is shown in Figure 3-1. The Final EIR analyzed amendments to the General Plan designating the land use for the Vallco Shopping District as Commercial/Office/Residential, and amendments to the Zoning Ordinance zoning the Vallco Shopping District as Planned Development, Regional Shopping, Professional Office, and Residential. The land use and zoning designations, which were analyzed in the Final EIR and approved in 2014, allow for the demolition of the existing 1,267,601 square foot mall and redevelopment of the site with up to 625,335 square feet of commercial uses, 2.0 million square feet of office uses, 339 hotel rooms, and 800 residential dwelling units. The Final EIR evaluated maximum building heights ranging from 75 to 160 feet on the site. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 Lazaneo Drive v IT Bee ace r n m Z0 W v m v D o = CD m 0 CD LQWhtonrive VD' ffielod Lane Shasta Drivp. 1#O% iiw## ii l' iilliiii< ice/,i i, 1,i i i#i/ . iiANciiOii 1 iji;iii;/+1;i;i;i;i;i; iii#i#i/ #i#i#iii#i moi#i#ice#1/####i i#i 1*##moi#i#i i i#/i i#iii#i*1, I iiiiiii iii#i#i*iii#1 • D l odriguesAven o O J VICINITY MAP z FCD C CD CD 9 ® Vallco Shopping District N BGG 0 50 100 200 400 Fee} FIGURE 3-1 The City proposes modifications to the project analyzed in the Final EIR which consists of the following amendments to the General Plan: Create two new General Plan land use designations: o Regional Shopping o Regional Shopping/Residential Designate 13.1 acres of the Vallco Shopping District as Regional Shopping/Residential with a minimum density of 29.7 dwelling units per acre (du/ac) and a maximum density of 35 du/ac, which would allow for development of between 389 and 619 dwelling units (619 units includes a maximum 35 percent state density bonus) on-site with the option of including ground -floor commercial uses Designate the remaining 44.9 acres of the Vallco Shopping District as Regional Commercial with a maximum building height of 60 feet On the portion of the Vallco Shopping District designated as Regional Shopping/Residential, establish height limits of 60 feet for residential -only uses and 75 feet for residential above ground floor retail uses Remove the 2.0 million square feet of office development allocation from the Vallco Shopping District Establish a setback -to -height limitation for development from the shared property line between the North Blaney neighborhood and the Vallco Shopping District As part of the approval process for the proposed modifications, the City Council would determine which areas of the Vallco Shopping District would be designated as Regional Shopping/Residential and Regional Commercial land uses. The analyses in the Final EIR and this Addendum assume the mix of uses could develop anywhere within the Vallco Shopping District. The Final EIR identified General Plan policies and programmatic mitigation measures to reduce impacts from development of office, commercial, and residential land uses anywhere on the site. The refinement of the locations of the allowable uses within the Vallco Shopping District by the City Council as part of the proposed modifications, therefore, would not change the impacts disclosed in the Final EIR and this Addendum because the analyses evaluate the land uses anywhere on the site. For this reason, the decision by the City Council as to which areas within the Vallco Shopping District would be designated as Regional Shopping/Residential and which would be designated Regional Commercial has no effect on the analysis or conclusions in this Addendum. In addition, the proposed modifications to the Final EIR project include rezoning the Vallco Shopping District from Vallco Town Center to Multi -Family (R3) Residential, CG General Commercial, and Mixed-use Planned Development with Multi -Family (R3) Residential/CG General Commercial uses. The proposed modifications also include text amendments to the Zoning Ordinance to clarify the zoning regulations for the mixed use zoning designation in the Vallco Shopping District. The proposed zoning would allow mixed use residential development; however, it would disallow commercial only development on the 13.1 acre portion of the Vallco Shopping District proposed to be designated as Regional Shopping/Residential in order to satisfy the City's Housing Element obligations. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 The maximum potential development in the Vallco Shopping District under the proposed modifications to the Final EIR project is 1,207,774 square feet of commercial uses, 339 hotel rooms, and 619 residential units. Table 3-1, below, compares the development assumptions for the Vallco Shopping District under the Final EIR project and under the proposed modifications to the Final EIR project. Compared to what was analyzed for the Vallco Shopping District in the Final EIR, the proposed modifications would result in a net increase of 582,439 square feet of commercial uses, a net decrease of 2.0 million square feet of office uses, and a net decrease of 181 residential units. No change to the number of hotel rooms is proposed. No modifications to the development assumptions for the other Special Areas and Study Areas, or other aspects of the Final EIR project, are proposed. All mitigation measures adopted and incorporated into the Final EIR project would continue to apply. Table 3-1: Development Assumptions for Study Area 6, Vallco Shopping District under the Final EIR Project and Proposed Modifications to the Final EIR Project Office Square Office Commercial Hotel Residential Maximum Square Footage Square Square Rooms Units Building 1,339 Footage Footage Height in Feet A. Final EIR Project 2,000,000 625,335 339 800 75 to 160 B. Proposed Difference (B —A) Modifications to the 0 1,207,774 339 619 60 to 75 Final EIR Project Difference (B —A) 2,000,000 582,439 0 181 Table 3-2 shows the net increase in development studied citywide in the Final EIR and assumed with the proposed modifications to the Final EIR project. The overall amount of commercial, hotel, and residential development citywide would remain the same as analyzed in the Final EIR and the overall amount of office development citywide would be reduced by 2.0 million square feet.2 Table 3-2: Development Assumptions Citywide in the Final EIR and Under the Proposed Modifications to the Final EIR Project Office Square Commercial Hotel Rooms Residential Footage Square Footage Units A. Final EIR Project 4,040,231 1,343,679 1,339 4,421 B. Proposed Modifications to the 2,040,231 1,343,679 1,339 4,421 Final EIR Project Difference (B —A) 2,000,000 0 0 0 2 Pursuant to General Plan Strategy LU -1.2.1, development allocations may be transferred among Planning Areas, provided no significant environmental impacts are identified beyond those already studied in the Final EIR. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 The Final EIR evaluated a greater amount of development at buildout of the City than was ultimately adopted by the City Council and reflected in the General Plan (see Table 3-3). Table 3-3: Buildout of City in 2040 in the Final EIR and Adopted General Plan Office Square Commercial Hotel Rooms Residential Footage Square Footage Units A. Final EIR Project 12,970,005 5,073,248 2,429 25,820 B. Adopted General 111470,005 4,430,982 1,429 23,294 Plan Per Table LU -1 Difference (A — B) 1,500,000 642,266 1,000 2,526 SECTION 4.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED MODIFICATIONS TO THE FINAL EIR PROJECT The following discusses the potential effects on the physical environment from implementing the proposed modifications to the Final EIR project. This analysis has been prepared to determine whether any of the conditions in State CEQA Guidelines Section 15162 (described in Section 2.0 Standards for Preparation of an Addendum, above) would occur as a result of the proposed modifications to the Final EIR project regarding the Vallco Shopping District. 4.1 SAME IMPACTS Like the Final EIR project, the proposed modifications to the Final EIR project would have no impacts to agriculture, forestry, or mineral resources, because those resources are not found within the City of Cupertino. The proposed modifications to the Final EIR project, therefore, would not result in any new or substantially more severe significant impacts to agriculture, forestry, or mineral resources than were analyzed and disclosed in the Final EIR. The proposed modifications to the Final EIR project would remove the ability to develop 2.0 million square feet of office uses in the Vallco Shopping District and remove that development capacity citywide. The proposed modifications would require amendments to General Plan maps and text to reflect this change. Eliminating the ability to develop office uses in the Vallco Shopping District would not cause a new significant impact or a substantial increase in the severity of the impacts analyzed and disclosed in the Final EIR. For this reason, the proposed modifications to the Final EIR project would result in the same land use impacts as disclosed in the Final EIR, and would not result in any new or substantially more severe significant land use impacts than were analyzed and disclosed in the Final EIR. The physical condition and characteristics of the Vallco Shopping District have not substantially changed since the certification of the Final EIR, though some mall structures have been demolished. The urban nature, trees, Vallco freeway -oriented sign (a Landmark Sign in the City's Municipal Code), soil characteristics, seismic potential, and drainage on-site are in the same or similar condition as they were in 2014. The proposed modifications to the Final EIR project would take place over the same area and result in the same area of ground disturbance as analyzed in the Final EIR. For this Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 reason, the implementation of the proposed modifications would have the same impacts to biological resources, cultural resources, geology and soils, hazards and hazardous materials, and hydrology and water quality as disclosed in the Final EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. While the number of residential units assumed to be built at the Vallco Shopping District would be reduced by 181 units under the proposed modifications compared to the project analyzed in the Final EIR, those 181 units would be available to be developed elsewhere in the City. For this reason, the proposed modifications to the Final EIR project would have the same population and housing impacts as disclosed in the Final EIR, EIR and would not result in any new or substantially more severe significant impacts to these resources than were analyzed and disclosed in the Final EIR. 4.2 LESSER IMPACTS The proposed modifications to the Final EIR project would allow for less development overall and lower maximum building heights in the Vallco Shopping District (see Table 3-1). As shown in Table 3-1, above, compared to the development analyzed for the Vallco Shopping District site in the Final EIR, the proposed modifications would replace 2.0 million square feet of office space and 181 residential units with 582,439 square feet of commercial uses.3 As shown in Table 4-1, the trip generation from 582,439 square feet of commercial uses would have fewer daily and peak hour trips than the 2.0 million square feet of office uses and 181 residential units that it replaces. For this reason, the proposed modifications to the Final EIR project would not result in new or substantially more severe significant traffic impacts than were analyzed and disclosed in the Final EIR. Table 4-1: Change in Trip Generation Between the Net Land Use Changes Proposed at the Vallco Shopping District Land Use Allocation Daily Trips AM Peak Hour PM Peak Hour Proposed Net Increase In Land Use: Commercial 582,439 square feet 19,736 439 1,987 Proposed Net Decrease in Land Use: Office 2,000,000 square feet 24,700 2,580 2,400 Multifamily Housing 181 units 985 66 80 Change in Trips 5,949 2,207 493 Source for trip generation rates: Fehr & Peers. Vallco Special Area Specific Plan Final Draft Transportation Impact Analysis. Table 11. May 2018. Page 71. 3 Pursuant to General Plan Strategy LU -1.2.1, development allocations may be transferred among Planning Areas, provided no significant environmental impacts are identified beyond those already studied in the General Plan EIR. The allocation for the additional 582,439 square feet of commercial uses at the Vallco Shopping District would need to come from other Planning Areas in the City. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 Citywide, the proposed modifications to the Final EIR project would result in 2.0 million fewer square feet of office development compared to what was evaluated in the Final EIR. Less development would result in lower density, less pollutant emissions, less noise and vibration, less traffic, and less energy and utility demand compared to the project analyzed in the Final EIR. Even with the removal of the 2.0 million square feet of office development allocation for the Vallco Shopping District, the remaining amount of development studied in the Final EIR citywide (over 2.0 million square feet of office uses, over 1.3 million square feet of commercial uses, 1,339 hotel rooms, and 4,421 residential units) would result in similar but lesser impacts to aesthetics, air quality, energy, greenhouse gas emissions, noise and vibration, public services, recreation, transportation, and utilities and service systems than were analyzed and disclosed in the Final EIR because the remaining amount of development is still substantial. The Final EIR evaluated alternatives to the Final EIR project that included reduced amounts of development,4 and concluded that these alternatives would result in essentially the same impacts as the Final EIR projects Therefore, the proposed modification to the Final EIR project would not result in any new or substantially more severe significant aesthetics, air quality, energy, greenhouse gas emissions, noise and vibration, public services, recreation, transportation, and utilities and service systems impacts than were analyzed and disclosed in the Final EIR. Table 4-2 summarizes the impacts of the proposed modifications to the Final EIR compared to Final EIR project. 4 The below table summarizes the citywide development amounts studied as the Final EIR project and alternatives analyzed in the Final EIR. Sum ary of Citywide Develo ment Studied in the Final EIR Final EIR Project No Project Land Use Alternative A Land Use Alternative B Office Square Footage 4,040,231 540,231 1,040,231 2,540,231 Commercial Square Footage 1,343,679 701,413 701,413 1,343,679 Hotel Rooms 1,339 339 600 839 Residential Units 4,421 1 1,895 1 1,895 3,316 Source: City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 2-5. 5 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR. SCH# 2014032007. June 18, 2014. Page 5-5. Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 Table 4-2: Comparison of Impacts of the Final EIR Project and Proposed Modifications to the Final EIR Project Compared to Impacts Disclosed in the Final EIR, the Impacts of the Proposed Modifications to the Final EIR Project would be: Same Lesser New Significant or More Substantial Aesthetics X Agricultural and Forestry Resources X Air Quality X Biological Resources X Cultural Resources X Geology, Soils, and Seismicity X Greenhouse Gas Emissions X Hazards and Hazardous Materials X Hydrology and Water Quality X Land Use and Planning X Mineral Resources X Noise and Vibration X Population and Housing X Public Services and Recreation X Transportation and Traffic X Utilities and Service Systems X Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 SECTION 5.0 COMPARISON TO THE CONDITIONS LISTED IN CEQA GUIDELINES SECTION 15162 5.1 SUBSTANTIAL CHANGES TO THE PROJECT As described above in Section 4.0 Environmental Impacts of the Proposed Modifications to the Final EIR Project, the proposed modifications would not result in new significant environmental effects beyond those identified in the Final EIR, would not substantially increase the severity of significant environmental effects identified in the Final EIR, and thus would not require major revisions to the Final EIR. The proposed modifications, therefore, are not substantial changes to the project that require major revisions to the Final EIR. 5.2 SUBSTANTIAL CHANGES IN CIRCUMSTANCES The physical conditions at the Vallco Shopping District site have not changed substantially since the certification of the Final EIR, although some mall structures have been demolished as part of the approved Senate Bill 35 (SB 35) project.' As described above in Section 4.1 Same Impacts, the physical conditions on the site are in the same or similar condition as they were in 2014 and as analyzed in the Final EIR. For this reason, the demolition of the structures would not result in a new significant environmental effect or a substantial increase in the severity of environmental effects identified in the Final EIR, and, thus, would not require major revisions to the Final EIR. The regulatory framework has changed since the certification of the Final EIR to include the adoption of SB 743', 2017 Clean Air Plan, and 2017 Bay Area Air Quality Management District CEQA Guidelines, as well as the City's General Plan and Transportation Impact Fee. These updates to the regulatory framework do not change the impacts of the Final EIR project or proposed modifications to the Final EIR project. These updates to the regulatory framework applicable to future development would not result in new significant environmental effects or a substantial increase in the severity of environmental effects identified in the Final EIR and, thus, would not require major revisions to the Final EIR. 6 SB 35 applies to cities and counties that have not made sufficient progress toward meeting their affordable housing goals for above -moderate and lower income levels as mandated by the State. SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects by using a ministerial approval process, thereby exempting such projects from environmental review under CEQA. The SB 35 project that was approved for the Vallco Shopping District in September 2018 includes 1,810,000 square feet of office uses, 400,000 square feet of commercial uses, and 2,402 housing units. 7 SB 743 establishes criteria for determining the significance of transportation impacts using a vehicle miles traveled metric, and other changes to CEQA regarding aesthetic impacts for transit -oriented development and parking. 10 Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019 5.3 NEW INFORMATION No new information of substantial importance, which was not known and could not have been known when the Final EIR was certified, has been identified which shows that the proposed modifications to the Final EIR project would be expected to result in: 1) new significant environmental effects not identified in the Final EIR; 2) substantially more severe environmental effects than shown in the Final EIR; 3) mitigation measures or alternatives previously determined to be infeasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project sponsor declines to adopt the mitigation or alternative; or 4) mitigation measures or alternatives which are considerably different from those identified in the Final EIR would substantially reduce one or more significant effects of the project but the project sponsor declines to adopt the mitigation measure or alternative. In addition, as discussed in Section 3.0 Environmental Impacts of the Proposed Modifications to the Final EIR Project, the proposed modifications would result in the same or lesser impacts than were analyzed and disclosed in the Final EIR. For this reason, the proposed modifications to the Final EIR project would not require new mitigation measures because no new or substantially more severe significant environmental effects are expected beyond those identified in the Final EIR would occur. SECTION 6.0 CONCLUSION For the reasons stated above, and based on the analysis in the Final EIR and the existing conditions of the Vallco Shopping District site, the City has concluded that the proposed modifications would not result in any new impacts not previously identified in the Final EIR; nor would it result in a substantial increase in the severity of any significant environmental impact previously identified in the EIR. For these reasons, a subsequent EIR is not required and an addendum to the Final EIR is the appropriate CEQA document to address the proposed modifications to the Final EIR project. M Second Addendum to the 2014 Certified General Plan Amendment, Housing Element Update, and Associated Rezoning Final EIR City of Cupertino, July 24, 2019