PC 12-10-2024 Searchable PacketCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, December 10, 2024
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00 p.m. on Tuesday, December 10 to the Commission at
planningcommission@cupertino.org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
Members of the public may provide oral public comments in person during the meeting as
follows:
Comments may be made during “Oral Communications” for matters not on the agenda, and
during the public comment period for each agenda item. If you wish to provide oral
communications, please complete a speaker request card located in front of the
Commission and deliver it to staff prior to discussion of the item. When you are called,
proceed to the podium and the Chair will recognize you. Members of the public that wish
to share a document when providing oral comments may do so at the overhead projector at
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Planning Commission Agenda December 10, 2024
the podium or email the document to planningcommission@cupertino.gov by 5:00p.m.
Documents received by email will be posted to the City website after the meeting. Please
limit your comments to three (3) minutes or less.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
Online:
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_viXLRO2VTIWzw6FsLM5dGQ
Phone Dial: 669-900-6833 and enter WEBINAR ID: 947 7330 4158 (Type *9 to raise hand to
speak, *6 to unmute yourself). Unregistered participants will be called on by the last four
digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
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Meeting ID: 947 7330 4158
SIP: 94773304158@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand,” or, if
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Planning Commission Agenda December 10, 2024
you are calling in, press *9. Speakers will be notified shortly before their turn to speak.
4. When speaking, please limit your remarks to three (3) minutes or less and the specific
agenda topic.
5. Members of the public that wish to share a document when providing oral comments by
teleconference must email the document to planningcommission@cupertino.gov by 5:00
p.m. These documents will be posted to the City website after the meeting.
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approval of October 8, 2024 Planning Commission Minutes
Recommended Action: Approve October 8, 2024 Planning Commission Minutes
1 - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and 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.
CONSENT CALENDAR - None
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
2.Subject: Zoning Map Amendment for Priority Housing Site No. 24 in the 6th Cycle
Housing Element (Application No.(s): Z-2024-001, EA-2024-001; Applicant: City of
Cupertino; APN: 359 13 019; Location: 20865 McClellan Road)
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Planning Commission Agenda December 10, 2024
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment A) recommending that the City Council amend the City’s Zoning Map
changing the zoning for APN 359 13 019 from R-3 to R-3/TH to ensure consistency with
the 6th Cycle Housing Element.
Staff Report
A - Draft PC Resolution Z-2024-002
B - Table B4-7 of Housing Element
C - Excerpt from Table B4-8 of Housing Element
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
FUTURE AGENDA SETTING
This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
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 this
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, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
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, Cupertino, California 95014 during normal business hours and in
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Planning Commission Agenda December 10, 2024
Planning packet archives linked from the agenda/minutes page on the City web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100, written communications sent to the City Council, Commissioners or 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 website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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CITY OF CUPERTINO
Agenda Item
24-13537 Agenda Date:
12/10/2024 Agenda #: 1.
Subject: Approval of October 8, 2024 Planning Commission Minutes
Approve October 8, 2024 Planning Commission Minutes
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DRAFT MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, October 8, 2024
At 6:45 p.m. Chair David Fung called the Regular Planning Commission meeting to order and
led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre
Avenue and via teleconference.
ROLL CALL
Present: Chair David Fung, Vice Chair Seema Lindskog, and Commissioners Muni Madhdhipatla
and Tejesh Mistry. Absent: Steven Scharf.
APPROVAL OF MINUTES
1. Subject: Approve the September 10, 2024 Planning Commission minutes
Recommended Action: Approve the September 10, 2024 Planning Commission minutes
MOTION: Lindskog moved and Mistry seconded to approve the September 10, 2024
Planning Commission minutes.
The motion carried with the following vote: Ayes: Fung, Lindskog, Madhdhipatla, and
Mistry. Noes: None. Abstain: None. Absent: Scharf.
POSTPONEMENTS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR - None
PUBLIC HEARINGS
2. Subject: Sign Exception Permit to consider a ground sign with LED lighting, and four
wall signs where only one is allowed, at an existing service station and associated
environmental review. (Application No(s): EXC-2024-002; Applicant(s): Ed Hadad;
Location: 19990 Stevens Creek Boulevard; APN: 369 05 007)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment A):
1. Approving the Sign Exception application (EXC-2024-002); and
2. Finding the project exempt from CEQA.
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Planning Commission Minutes October 8, 2024
Page 2
Chair Fung opened the public hearing and Commissioners disclosed any ex-parte
communications with the applicant.
Planning Manager Piu Ghosh introduced the item and Senior Planner Gian Martire gave
a presentation.
Commissioners asked clarifying questions.
Dave Cung, on behalf of applicant Ed Hadad, made comments and answered questions.
After seeing no one from the public, Chair Fung closed the public hearing and the
Commission proceeded to deliberate on the matter.
MOTION: Lindskog moved and Madhdhipatla seconded as modified that the Planning
Commission adopt the proposed draft resolution
1. Approving the Sign Exception application (EXC-2024-002); and
2. Finding the project exempt from CEQA.
With the following modifications:
1. Approved one internally illuminated wall sign (not an exception);
2. Approved LED signage for the allowed ground sign; and
3. Approved three canopy signs and/or logos as identified on the proposed plans, but
without any internal or external illumination.
The motion carried with the following vote: Ayes: Fung, Lindskog, Madhdhipatla and
Mistry. Noes: None. Abstain: None. Absent: Scharf.
OLD BUSINESS - None
NEW BUSINESS – None
STAFF AND COMMISSION REPORTS
Chair Fung attended the Mayor’s monthly meeting with Commissioners and participated in the
CREST Award winner selections, to be honored in November. Additionally, he will present the
Planning Commission annual report to the City Council on October 15.
FUTURE AGENDA SETTING – None
ADJOURNMENT
At 7:07 p.m., Chair Fung adjourned the Regular Planning Commission Meeting.
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Planning Commission Minutes October 8, 2024
Page 3
Minutes prepared by:
_______________________________
Lauren Sapudar, Deputy City Clerk
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CITY OF CUPERTINO
Agenda Item
24-13514 Agenda Date:
12/10/2024 Agenda #: 2.
Subject: Zoning Map Amendment for Priority Housing Site No. 24 in the 6
th Cycle Housing Element
(Application No.(s): Z-2024-001, EA-2024-001; Applicant: City of Cupertino; APN: 359 13 019;
Location: 20865 McClellan Road)
That the Planning Commission adopt the draft resolution (Attachment A) recommending that the
City Council amend the City’s Zoning Map changing the zoning for APN 359 13 019 from R-3 to R-
3/TH to ensure consistency with the 6th Cycle Housing Element.
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PLANNING COMMISSION STAFF REPORT
Meeting: December 10, 2024
Subject
Zoning Map Amendment for Priority Housing Site No. 24 in the 6th Cycle Housing
Element (Application No.(s): Z-2024-001, EA-2024-001; Applicant: City of Cupertino;
APN: 359 13 019; Location: 20865 McClellan Road)
Recommended Action
That the Planning Commission adopt the draft resolution (Attachment A)
recommending that the City Council amend the City’s Zoning Map changing the
zoning for APN 359 13 019 from R-3 to R-3/TH to ensure consistency with the 6th Cycle
Housing Element.
Background
The City Council adopted the 6th Cycle Housing Element 1, which covers the planning
period of 2023 to 2031, on May 14, 2024. The Housing Element is a required element
of Cupertino’s General Plan and identifies policies and programs and prospective
housing sites to meet the housing needs of the City’s current and future residents at
all income levels, through 2031. The 6th Cycle Housing Element anticipates that
Cupertino will accommodate its Regional Housing Needs Allocation (RHNA), as
further described in the Housing Element, on 58 parcels referred to as Priority
Housing Sites. The complete list of Priority Housing Sites is included in Appendix B-
4 of the General Plan. While the majority of the Priority Housing Sites are located on
arterials (e.g. Stevens Creek Boulevard, De Anza Boulevard and Homestead Road), in
order to satisfy the requirements of state law and direction from the Planning
Commission and City Council to have sites spread across the City, a few sites are
located away from the major corridors. These three sites have lower densities than
those adopted for the sites along the arterials, which in most cases have a minimum
allowed density of 50 du/ac or more.
1 The Housing Element is available online at: www.cupertino.org/gp.
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Planning Commission
Z-2024-001, EA-2024-001 Rezoning Priority Housing Site No. 24 December 10, 2024
2
In addition to the identification of the sites, the City needed to make changes to the
land use designation and rezone the properties in order to be considered substantially
compliant with state law. The City completed the rezoning of the properties identified
as Priority Housing Sites in July 2024 and received a letter indicating substantial
compliance (and certification) of the Housing Element from HCD on September 4,
2024. However, since then, staff has identified an error in the zoning of one of the 58
Priority Housing Sites (Site No. 24) and recommends that this error be corrected.
Discussion:
Sites with a density closer to 20 du/ac identified in the Housing Element are more
likely to develop as townhomes. There are few Priority Housing sites where
development at (or around) 20 du/ac is possible. Historically, the Planned
Development (P) zoning district used to act as a combining zoning designation, which
allowed flexibility in zoning standards and a variety of housing types , including
townhomes. However, with recent changes to state law requiring the establishment
and applicability of objective standards for housing developments, the City was
required to develop the Townhome (TH) combining district in conjunction with the
Housing Element update to satisfy the Department of Housing and Community
Development’s (HCD) review. A combining district is one that may only be used in
conjunction with a base zoning district designation to allow flexibility in project
development. For Cupertino, the TH combining District may only be used in
conjunction with either the R-3 or R-4 base zoning district designations.2
The Housing Element contemplated the rezoning of all the Priority Housing sites with
R-3 (multi-family) zoning to also have a combining TH (townhome ) zoning
designation for flexibility in development. There were 13 other Priority Housing sites
rezoned to R-3/TH; only 20865 McClellan (Priority Housing Site No. 24) was
erroneously designated R-3 without the TH combining district (see Attachment B).
The text in the Housing Element describing Priority Housing Site No. 24 states: “Site
24 is a 0.99-acre parcel located in the Jollyman Neighborhood, which is predominantly defined
by single-family residential homes and located immediately south of the De Anza College
campus and east of the Highway 85 corridor. Site 24 currently includes a single-family home
built close to the McClellan Road right-of-way with a large rear yard. Neighboring uses
include single-family housing. A developer has made contact with the City regarding
2 The TH combining district requires the same front setbacks as the underlying R-3 or R-4 zoning it is
combined with, for purposes of urban streetscape consistency. In addition, rear and side yard setbacks
are established to ensure adequate safety requirements are met. Basic design standards are also
included as part of the zoning, such as requiring front stoops and entry features facing streets. Private
open spaces are required in accordance with the underlying R-3 or R-4 zoning for all properties within
the TH Combined District.
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Planning Commission
Z-2024-001, EA-2024-001 Rezoning Priority Housing Site No. 24 December 10, 2024
3
the development of townhomes on this property since 2021, with continued interest
for development in 2023. The site has good access to amenities within 0.25-0.5 miles of the
site and has fair access to bus service at De Anza College. The improvement-land value ratio
for this site is 0.02 so development is considered feasible.” (emphasis added) (see
Attachment C)
Unfortunately, an inadvertent typographical error in Appendix B -4 of the Housing
Element identified this site to be rezoned as “R-3” only, instead of “R-3/TH”, causing
an internal inconsistency between the General Plan and Municipal Code (see
Attachment B). The R-3 zoning alone would preclude townhome development on the
site, as originally intended, consistent with the property owner’s request that the
property be included in the Housing Element as a Priority Housing site to allow
townhome development.
Since adoption of the Housing Element, the developer has continued to be interested
in the development of this property, specifically with townhomes. This recommended
rezoning action will correct the typographical zoning error, is necessary to maintain
internal consistency within the text of the Housing Element and the zoning of the
property, as required by Government Code section 65860, and allow the type of
development anticipated on the property since 2021 to proceed as intended.
Environmental Assessment
On February 3, 2023, the California Housing Defense Fund and Yes in My Backyard
(YIMBY) filed a lawsuit due to the City missing the January 31, 2023 deadline for
adoption of the 6th Cycle Housing Element. In January 2024, the City entered into a
stipulated judgment to settle the lawsuit. As a result, pursuant to Government Code
Section 65759 et seq., any actions that the City takes to adopt a compliant housing
element, including rezoning actions to implement the Housing Element, are exempt
from the California Environmental Quality Act (CEQA). In lieu of CEQA compliance,
Government Code section 65759 requires that an environmental assessment (EA) in
the form of a Draft Environmental Impact Report (EIR) be prepared and adopted as
part of the General Plan. The EA was prepared and adopted as Appendix G of the
General Plan on May 14, 2024. It should also be noted that since there is no increase
to the permitted density on the site with this rezoning action, there are no
environmental impacts anticipated pursuant to Government Code section
15061(b)(3).
Next Steps
The Planning Commission’s recommendation will be presented to the City Council
for final action in January 2025.
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Planning Commission
Z-2024-001, EA-2024-001 Rezoning Priority Housing Site No. 24 December 10, 2024
4
Prepared by: Piu Ghosh, Planning Manager
Reviewed and Approved by: Luke Connolly, Assistant Director of Community
Development
Attachments:
A – Draft Resolution
B – Table B4-7 of Housing Element
C – Excerpt from Table B4-8 of Housing Element related to Priority Site No. 24
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 2024-11
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF
REZONING A PRIORITY HOUSING ELEMENT SITE LOCATED AT 20865
MCCLELLAN ROAD FROM R-3 TO R-3/TH TO ENSURE CONSISTENCY
WITH THE GENERAL PLAN AND HOUSING ELEMENT
The Planning Commission recommends approval of the rezoning to the City of Cupertino
Municipal Code with the findings reflected in the Draft Ordinance attached hereto as
Exhibit Z.
PASSED AND ADOPTED this ____th day of December 2024, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Piu Ghosh (she/her) David Fung, Chair
Planning Manager Planning Commission
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EXHIBIT Z
ORDINANCE NO. 24 –
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO REZONING A PRIORITY
HOUSING ELEMENT SITE LOCATED AT 20865 MCCLELLAN
ROAD FROM R-3 TO R-3/TH TO ENSURE CONSISTENCY WITH
THE GENERAL PLAN AND HOUSING ELEMENT
SECTION I: PROJECT DESCRIPTION
Application No: Z-2024-002
Applicant: City of Cupertino
Location: 359 13 019 (20865 McClellan Rd)
SECTION II: RECITALS
WHEREAS, state law requires the City to prepare and adopt an updated Housing
Element every eight years to accommodate its fair share of housing and identify housing
needs, resources and opportunities;
WHEREAS, pursuant to State Housing Law, the City prepared and presented a draft 6 th
Cycle Housing Element to the California Department of Housing and Community
Development (HCD) on March 28, 2024,
WHEREAS, HCD informed the City in a letter dated April 10, 2024 that the proposed
Draft Housing Element is conditionally certified, pending rezoning of the Priority
Housing Sites, and any associated rezoning required, to accommodate the City’s Regional
Housing Needs Allocation (RHNA); and
WHEREAS, pursuant to State Housing Law, the City Council adopted the City’s 6th Cycle
Housing Element on May 14, 2024 with Resolution 24-039; and
WHEREAS, the Zoning map and Municipal Code were both amended on July 2, 2024,
with a second reading on July 16, 2024 to rezone the Priority Housing Element sites to be
consistent with the City's General Plan land use map; and
WHEREAS, the City has received a letter dated September 4, 2024 that the adopted
Housing Element is certified by the Department of Housing and Community
Development;
WHEREAS, the site located at 20865 McClellan Road was part of the rezoning completed
to achieve Housing Element compliance and while contemplated to be developed with
townhomes in the text of the Housing Element, the rezoning indicated in the Housing
Element inadvertently limited development on the site to multi-family housing (R-3);
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WHEREAS, the necessary public notices have been given as required by the Municipal
Code of the City of Cupertino and the Government Code, and the Planning Commission
held a public hearing on December 10, 2024 to consider the project; and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing
on January X, 2025, and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance;
WHEREAS, the City entered into a Stipulated Judgement dated January 8, 2024 pursuant
to a lawsuit related to adoption of the Housing Element which included requirements for
coming into compliance with state housing element law and exempted the City from the
California Environmental Quality Act (“CEQA”) pursuant to Government Code section
65759; and
WHEREAS, pursuant to Government Code 65759, the General Plan Amendment to adopt
the Housing Element and associated amendments to the General Plan and zoning is fully
described and analyzed in the Environmental Assessment, which is incorporated into the
General Plan as Appendix G;
WHEREAS, the City Council finds the following:
1. That the proposed zoning is in accord with the Municipal Code and the City's
Comprehensive General Plan.
The proposed zoning is in conformance with the General Plan since the City Council adopted
amendments to the General Plan, including changes to land use designations, in May 2024
with adoption of the Housing Element. The text in the Housing Element clearly indicates that
townhome development is anticipated and desired by the interested developer for this site since
2021. This change is a mere conforming change to the zoning designation to make the City’s
zoning map conform to the text in the Housing Element of the General Plan.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Pursuant to Govt. Code Section 65759, the zoning actions related to bringing the City’s
Housing Element, including any associated rezoning, into compliance with state law are
exempt from CEQA. An Environmental Assessment was prepared, also in compliance with
state law. This Environmental Assessment identified all feasible mitigation measures and was
adopted as Appendix G – General Plan 2040 and Zoning Code Amendments Environmental
Assessment of the General Plan as required by state law.
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3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints)
for the proposed zoning designation and anticipated land use development.
The site being rezoned has access to utilities and is compatible with adjoining land uses as
previously anticipated with adoption of the Housing Element of the General Plan.
4. The proposed zoning will promote orderly development of the City.
The proposed zoning aligns zoning with the City’s Housing Element and General Plan land
use goals and policies related to locating higher density development close to transit corridors
and employment centers (De Anza College, Apple etc.). The sites being rezoned will promote
orderly development in the City by allowing similar land uses to be located compatibly as
contemplated in the Housing Element text. The proposed changes also allow the City to comply
with the requirements of state law related to housing.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels.
The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes. Additionally, where health or safety impacts have been
identified mitigation measures have been identified which would be applicable to any
development on these sites, including those implemented through the City’s existing
Municipal Code requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 1. Rezoning.
That the property described herein has a zoning designation as that shown in the
following, and is incorporated into the Master Zoning Map (Exhibit Z-1) of the City of
Cupertino:
APN Acres Existing Zoning Designation New Zoning
359 13 019 0.99 R3 R3/TH
Section 2. Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
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provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in eff ect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions a nd not as an
amendment to or readoption of the earlier provisions.
Section 3. California Environmental Quality Act.
Adoption of these zoning amendments to allow implementation of the Housing Element
is exempted from the California Environmental Quality Act (“CEQA”) pursuant to
Government Code section 65759.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption
as provided by Government Code Section 36937.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of
___________ 2024 and ENACTED at a regular meeting of the Cupertino City Council on
this ____ day of ___________ 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
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_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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EXHIBIT Z-1
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