CC Resolution No. 21-097 adopting Addendum No. 5 to the 2014 General Plan Final EIR and minor modifications to the Cupertino General PlanRESOLUTION NO.21-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AN ADDENDUM (ADDENDUM NO.5) TO THE 2014 GENERAL
PLAN FINAL EIR AND APPROVAL OF MINOR MODIFICATIONS TO THE
GENERAL PLAN
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act of 1970 (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 for General Plan Amendment, Housing Element Update, and Associated
Rezoning Project (State Clearinghouse No. 2014032007) ("Final EIR"); and
WHEREAS, the City Council certified the Final EIR and approved the Project on
December 4, 2014; and
WHEREAS, the approved amendments to the General Plan and Municipal Code
Amendments ("Project") consists of amendments to the existing language in the
General Plan to reduce ambiguity and adoption of standard environmental protection
requirements; and
WHEREAS, since certification of the Final EIR, the City has proposed certain
refinements to the Project consisting of clarifications of the existing language in the
General Plan without any changes to the intensity or density of development and
adoption of certain standard environmental protection requirements; and
WHEREAS, these activities constitute minor modifications to the Project and
none of the conditions requiring a subsequent or supplemental EIR as described in
Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and Section
15163 have occurred; and
WHEREAS, the City has caused to be prepared an Addendum to the Final EIR
pursuant to CEQA Guidelines Section 15164 ("Fifth Addendum"); and
WHEREAS, the Addendum provides analysis and cites substantial evidence that
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
Resolution No. 21-097
Paget
information that involves new significant environmental effects or a substantial increase
in the severity of previously identified environmental effects that would require
preparation of a subsequent or supplemental EIR pursuant to Public Resources Code
Section 21166 and CEQA Guidelines Sections 15162 and 15163; and
WHEREAS, the Addendum concluded that the significant and unavoidable
impacts to which the proposed Project will contribute were previously disclosed and
analyzed in the Final EIR; and
WHEREAS, the City held a duly noticed public hearing on the Addendum to the
EIR on October 19, 2021 to consider adoption of the Addendum to the Final EIR; and
WHEREAS, all individuals, groups and agencies desiring to comment were
given adequate opportunity to submit oral and written comments on the EIR and
Addendum; and
WHEREAS, by Resolution No. 6929 the Planning Commission recommended
that the City Council adopt the Addendum to the Final EIR; and
WHEREAS, the changes made after publication of the Addendum, including any
changes recommended by the Planning Commission, do not change the conclusion that.
none of the conditions requiring a subsequent or supplemental EIR as described in
Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and Section
15163 have occurred; and
WHEREAS, the City Council has independently reviewed and considered the
information in the Addendum, which concludes that no further environmental review
is required for the refinements to the Project;
NOW, THEREFORE, BE IT RESOLVED that the City takes the following actions:
1. Determines that the Addendum reflects the independent judgment of the City.
2. Adopts the Addendum to the Final EIR for the General Plan Amendments
and Municipal Code Amendments to clarify existing language in the General
Plan in Chapters 3 and 6, and adoption of standard environmental protection
requirements
Resolution No. 21-097
Page 3
3. Approves the project refinements as shown in Exhibit A attached hereto and
incorporated herein by reference and authorizes the staff to make grammatical,
typographical, numbering, and formatting changes necessary to assist in
production of the final published General Plan.
PASSED and ADOPTED at a regular meeting of the City Council of the City of
Cupertino the 19th day of October, 2021 by the following vote:
Vote Members of the City Council
AYES:
Paul, Chao, Moore, Wei, Willey
NOES:
None
ABSENT:
None
ABSTAIN:
None
SIGNED:
Darcy Pau( ME
City of Cup
ATTEST:
Kirsten Squarcia, eity Clerk
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Building Planes:
Maintain the primary building bulk below a 1:1 slope line drawn from the arterial/boulevard curb line or lines
except for the Crossroads Area.
For the Crossroads area, see the Crossroads Streetscape Plan.
For projects outside of the Vallco Shopping District Special Area that are adjacent to residential areas:
Heiahts and setbacks adjacent to residential areas will be determined during Droiect review, Where slope
lines or other applicable height and setback limits for projects adjacent to residential areas are not
established in a_oeciflc Dian. conceptual zonino Dian or land use Dian and in am, adopted design guidelines,
project review shall be required.
For projects within the Vallco Shopping District Special Area that are adjacent to the North Blaney/Portal
neighborhood: Maintain the building below a 2:1 slope line drawn from the adjacent residential property line
For the North and South Vallco Park areas: 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
Maximum Residential Density
15 units per acre (two parcels at southeast corner of Homestead
Rd and Blaney Ave)._
All other areas - Maximum density as indicated
in the General Plan
Land Use Map or 35 units per acre where
none indicated.
Maximum Height 30 feet, or 45 feet (south side between De Anza and Stelling)
North De Anza Gateway
North Vailco Park Special Area
Maximum ResideDensity35
units '"
Maximum Residential Density
Maximum Height
Maximum Height
— — — --;45 feet
25 units per acre
60 feet
1 r
1 1
1Heart
-
-
of the City Special Area
-1 1
1%6--
+ ermits forthehotel
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project
Maximum Resident Density
Maximum Height
1
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45 feet, or 30 feet
l Ifs^ r
where designated by
o
•
1
South Vallco -35 units per acre
_ _
hatched line
Road:West of Wolfe
All other areas - Maximum density as
Maximum Residential Density
indicated in the Heart of the City Land
125 units per
Use Map and if none indicated. 25 units
1Maximum Height
per acre
,57EVENS CREE B D 60 feet
East of Wolfe Road:
North De Anza Special Area
Maximum • 1
Maximum Residential Density
Maximum Height
25 units per acre
Maximum density is 25 units per acre
45 feet
• Parcel APN 326-10-061 within the N. De Anza Gateway: For hotel development, maintain the building
below the variable slope lines as shown in Figure LU-5. For all other developments, the 1:1 slope line
shall be maintained.
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 other than the
Vallco Shopping District Special Area shall be as reflected in the Housing Element. The Vallco
Shopping District Special Area shall be subject to the heights and densities shown above, with
residential uses permitted in the Regional Shopping/Residential designation as shown in Figure LU-4.
Maximum Residential Density Maximum Height
North of Bollinger Rd - maximum 30 feet
density is 25 units per acre s:
So h of Hwy 85'- maximum
residential is 5-1.5 units per acre
(South of 95)
40 feet,
or '' feet min retait
Maximum Residential Density
Maximum Height
City
•
Center Node
p t 15 R is . aeFe, peF c,,ReFai
�{aR I@Rd Use Map
Up to 30 feet
Maximum
Density
Maximum density as indicated in the
25 units
per
General Plan Land Use Map and if
Maximum
45 feet
buildings
Height
or for existing
none indicated. 15 units per acre
.. -... Special Area
Legend
Maximum Residential Density
Maximum Height
20 units per acre
45 feet
Special Areas
Neighborhoods
allco Shop1
-
Homestead Neighborhoods
North Vallco Park
Regional Shopping/Residential
Regional Shopping
Heart of the City
Hillside Transition
Maximum Residential Density
Maximum Residential
Density
—
35 units per acre in areas identified
1 North De Anza
Urban Service Area
in Figure LU-4
N/A - residential is not
-- _s
Minimum Residential Density
a permitted use
South De Anza
Sphere of Influence
29.7 units per acre in areas
Maximum Height
Morita Vista Village
Urban Transition
identified in Figure LU-4
Up to 60 feet
Maximum Height
Bubb Road
----- City Boundary
Up to 60 feet
Vallco Shopping District
Boulevards (Arterials)
--� Avenues (Major Collectors)
Neighborhoods
Avenues (Minor Collectors)
Maximum Residential Density
Maximum Height
Key Intersections
Q y
Pei=Maximum density as indicated
in the General Plan Land Use Map;
30 feet
' Neighborhood Centers
15 units per acre for Neighborhood
Commercial Centers -S4es
BALANCED COMMUNITY
The City seeks to balance future growth and development in order create a more
complete community. This includes ensuring a mix of land uses that support
economic, social and cultural goals in order to preserve and enhance Cupertino's
great quality of life.
POLICY LU-1.1: LAND USE AND
TRANSPORTATION
Focus higher land use intensities
and densities within a half -mile of
public transit service, and along major
corridors.Fiaure LU-2 indiciates the
maximum residential densities for
sites that allow residential land uses.
POLICY LU-1.2: DEVELOPMENT
ALLOCATION
Maintain and update the development
allocation table (Table LU-1) to ensure
that the allocations for various land
uses adequately meet city goals.
STRATEGIES:
LU-1.2.1: Planning Area Allocations.
Development allocations are assigned
for various Planning Areas. However,
some flexibility may be allowed
for transferring allocations among
Planning Areas provided no significant
environmental impacts are identified
beyond those already studied in the
Environmental Impact Report (EIR) for
Community Vision 2040.
HEART OF THE CITY SPECIAL AREA
The Heart of the City will remain the core commercial corridor in Cupertino, with a
series of commercial and mixed -use centers and a focus on creating a walkable,
bikeable boulevard that can support transit. General goals, policies and strategies
(as identified in Goal LU-13) will apply throughout the entire area; while more
specific goals, policies, and strategies for each subarea are desgined to address
their individual settings and characteristics and are identified in Goals LU-14
through LU-18.
POLICY LU-13.1: HEART OF THE CITY
SPECIFIC PLAN
The Heart of the City Specific Plan
provides design standards and
guidelines for this area, which
promote a cohesive, landscaped
boulevard that links its distinct sub-
areas and is accessible to all modes
of transportation.
POLICY LU-13.2: REDEVELOPMENT
Encourage older properties along
the boulevard to be redeveloped
and enhanced. Allow more intense
development only in nodes and
gateways as indicated in the
Community Form Diagram
(Figure LU-2).
CHAPTER 6: ENVIRONMENTAL RESOURCES AND SUSTAINABILITY ELEMENT
MINERAL RESOURCES
The City seeks to minimize the impacts of mineral resource operations on the
community.
POLICY ES-6.1: MINERAL RESOURCE
AREAS
Cooperatively work with Santa Clara
County to ensure that plans for
restoration and mining operations at
Lehigh Hanson and Stevens Creek
quarries consider environmental
impacts and mitigations.
STRATEGIES:
ES-6.1.1: Public Participation.
Strongly encourage Santa Clara
County to engage with the affected
neighborhoods when considering
changes to restoration plans and
mineral extraction activity.
ES-6.1.2: Recreation in Depleted Mining
Areas.
Consider designating abandoned
quarries for passive recreation to
enhance plant and wildlife habitat and
rehabilitate the land.