CC Resolution No. 21-030 Authorizing Prospective Development Proposal Described the 19280 Homestead Rd General Plan Amendment Authorization Application, No GPA Auth-2020-001 RESOLUTION NO. 21-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING A PROSPECTIVE DEVELOPMENT PROPOSAL DESCRIBED IN
THE 19280 HOMESTEAD ROAD GENERAL PLAN AMENDMENT
AUTHORIZATION APPLICATION, NO: GPA AUTH-2020-001, TO PROCEED
WITH A GENERAL PLAN AMENDMENT APPLICATION
PROTECT DESCRIPTION
Application No: GPAAuth-2020-001
Applicant: Homestead Homes
Location: 19280 Homestead Rd. (A.P.N.: 316-04-064)
WHEREAS, on September 15, 2015, the City Council adopted procedures for considering
future General Plan amendments requested by private parties, including to review
prospective applications twice a year and decide which proposed projects are authorized
to proceed with a General Plan Amendment application; and
WHEREAS, the City Council decision to authorize one or more applicants to proceed
with a General Plan amendment application, does not in any way presume approval of
any proposed amendment or project; and
WHEREAS, the City received one application by November 9, 2020, the deadline to be
considered in the 2021 first cycle of the General Plan Amendment application review
process: the 19280 Homestead Rd. Project General Plan Amendment Authorization
(GPAAuth-2020-001); and
WHEREAS, on April 6, 2021, the City Council held a public hearing to consider said
General Plan Amendment authorization application; after closing the public hearing
considered whether to allow the applicant to proceed with the General Plan Amendment
application based on the relevant criteria; and motioned for the applicant to resubmit
within 30 days and in consideration of Council's comments; and
WHEREAS, resubmittal of applications with minor amendments within 30 days of the
decision on the original application is allowed under the General Plan Amendment
Authorization procedures adopted by the City Council; and
Resolution No. 21-030
Page 2
WHEREAS, on May 6, 2021, the City of Cupertino received a resubmitted application
with minor amendments to the 19280 Homestead Road project proposal; and
WHEREAS, on June 15, 2021, the City Council held a public hearing to consider said
General Plan Amendment authorization application; and
WHEREAS, the proposed Resolution is not a project within the meaning of section 15378
of the California Environmental Quality Act ("CEQA") Guidelines because it is simply
authorizing submittal of an application and has no potential for resulting in physical
change in the environment, either directly or ultimately. In the event that this Resolution
is found to be a project under CEQA, it is subject to the CEQA exemption contained in
CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no
possibility of a significant effect on the environment; and
WHEREAS,the City Council has adopted criteria for determining whether an application
will be authorized for processing as follows:
a. General Plan goals achieved by the proposed project,including,but not limited to,
the following:
(i) Site and architectural design and neighborhood compatibility;
(ii) Brief description of net fiscal impacts (sales tax, transient occupancy tax or
other revenue provided by the project), including the extent to which the
project would diversify the City's economic base;
(iii) The provision of affordable housing; and
(iv) Environmental Sustainability.
b. General Plan amendments (and any other zoning amendments or variances)
requested.
c. Proposed voluntary community amenities, defined as (i) school resources, (ii)
public open space, such as parks and trails, (iii) public facilities and utilities, such
as library, community center or utility systems and (iv) Transportation facilities
with an emphasis on city-wide bicycle,pedestrian and transit improvements, such
as community shuttles,pedestrian and bicycle bridges, and transit centers/stations
d. Staff time and resources required to process the project.
NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of maps, facts,
exhibits, testimony, staff reports, public comments, and other evidence submitted in this
Resolution No. 21-030
Page 3
matter, the City Council of the City of Cupertino has determined that the following
proposal is authorized to proceed as a General Plan Amendment application:
19280 Homestead Rd.—A.P.N.: 316-04-064—General Plan Amendments to allow 4
residential units where one(1)unit is currently allowed on.46-acre property.With
the following Community Amenity:
• Affordable Housing Mitigation Fee of$30 a square foot.
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PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Cupertino the 15th day of June 2021,by the following roll call vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Darcy Paul, Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk Date