CC Resolution No. 20-006 approving GPA-2018-01 - General Plan Amendment
RESOLUTION NO. 20-006
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING A GENERAL PLAN AMENDMENT TO INCREASE
DEVELOPMENT ALLOCATIONS IN THE HOMESTEAD SPECIAL AREA
AND TO ALLOW INCREASED HEIGHTS AND REDUCED BUILDING
PLANE WITHIN THE NORTH DE ANZA GATEWAY SPECIFIC TO THIS
DEVELOPMENT IN FIGURE LU-1
SECTION I: PROJECT DESCRIPTION
Application No: GPA-2018-01
Applicant: De Anza Properties (Sherly Kwok)
Property Owner: Northwest Properties, LP
Location: 10931 N De Anza Blvd. (APN #326-10-061)
SECTION II: RECITALS
WHEREAS, upon review of a General Plan Amendment Authorization Application
(GPAAuth-2018-01), the City Council of the City of Cupertino authorized the applicant
to submit an application for a General Plan Amendment and authorized staff to review
the proposed General Plan Amendments on January 15, 2019;
WHEREAS, the City of Cupertino received the application for a General Plan
Amendment as described in Section I. of this resolution; and
WHEREAS, the Citywide Development Allocation Between 2014-2040 (Table LU-1) of the
Cupertino General Plan has insufficient hotel room allocation to accommodate a 155-
room hotel; and
WHEREAS, Figure LU-2: Community Form Diagram of the Cupertino General Plan is
revised to provide the necessary height and building plane standards for this hotel
development; and
WHEREAS, the General Plan Amendment to Development Allocations, building plane,
and height is fully described and analyzed in the July 2, 2019 Public Draft Initial Study
(“Draft IS/MND”) for The De Anza Hotel Project (“Project”); and
WHEREAS, the City of Cupertino’s Environmental Review Committee at its August 1,
2019 meeting reviewed the Draft IS/MND, received public comments, and voted 5-0 to
recommend that the City Council adopt of a Mitigated Negative Declaration (“MND”);
and
Resolution No. 20-006
Page 2
WHEREAS, based on substantial evidence in the administrative record, on December 10,
2019, the Planning Commission recommended on a 4-0 vote (Saxena Absent), that the
City Council adopt the MND (EA-2018-03) for the Project, adopt and incorporate into the
Project and implement as conditions of approval all of the mitigation measures for the
Project within the responsibility and jurisdiction of the City that are identified in the Final
IS/MND, and adopt the Mitigation Monitoring and Reporting Program for the Project
prior to taking final action on the Project; and
WHEREAS, on December 10, 2019 the Planning Commission recommended on a 4-0
(Saxena Absent) vote that the City Council approve the General Plan Amendment (GPA-
2018-01), in substantially similar form to the Resolution presented (Resolution No. 6890),
approve the Development Permit (DP-2018-01) in substantially similar form to the
Resolution presented (Resolution No. 6892), approve the Architectural and Site Approval
Permit (ASA-2018-02) in substantially similar form to the Resolution
presented(Resolution No. 6893), approve the Use Permit (U-2018-02) in substantially
similar form to the Resolution presented (Resolution No. 6894), approve and adopt an
ordinance to approve a Development Agreement (DA-2018-01) in substantially similar
form to the Ordinance presented; and
WHEREAS, all necessary public notices having been given as required by the procedural
ordinances of the City of Cupertino and the Government Code, on March 3, 2020, the City
Council held a public hearing to consider the General Plan Amendment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution;
WHEREAS, after consideration of substantial evidence contained in the entire
administrative record, at the public hearing on March 3, 2020 the City Council adopted
Resolution No. 20-005 adopting the MND;
WHEREAS, the applicant has met the burden of proof required to support application
for a General Plan Amendment.
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 amendments to the General Plan
(Application No. GPA-2018-01) as shown in Exhibit GPA-1 and authorizes the staff to
make grammatical, typographical, numbering, and formatting changes necessary to assist
in production of the final published General Plan
Resolution No. 20-006
Page 3
NOW, THEREFORE, BE IT FURTHER RESOLVED:
The foregoing recitals are true and correct and are included herein by reference as findings.
NOW, THEREFORE, BE IT FURTHER RESOLVED:
The City Council finds this Resolution is within the scope of the Draft IS/MND and directs
the Director of Community Development to file a Notice of Determination with the Santa
Clara County Recorder in accordance with CEQA guidelines.
PASSED AND ADOPTED this 3rd day of March 2020, at a Regular Meeting of the City
Council of the City of Cupertino, State of California, by the following roll call vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks
NOES: Willey
ABSENT: None
ABSTAIN: None
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
4/6/2020__________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
4/62020___________________
Date
Amend Chapter 3, Page LU-13 related to Homestead Special Area as follows:
Table LU-1: Citywide Development Allocation Between 2014-2040
Commercial (s.f.) Office (s.f.) Hotel (rooms) Residential (units)
Current
Built
(Oct. 7,
2014)
Buildout Available
Current
Built
(Oct. 7,
2014)
Buildout Available
Current
Built
(Oct. 7,
2014)
Buildout Available
Current
Built
(Oct. 7,
2014)
Buildout Available
(No change to Heart of the City and Vallco Shopping District)
Homestead 291,408 291,408 - 69,550 69,550 - 126 126 281* 155 600 750 150
(No change to N. De Anza Blvd., N. Vallco, S. De Anza, Bubb, Monta Vista Village, Other or Major Employers)
Citywide
Totals 3,632,065 4,430,982 798,917 8,916,179 9,470,005 553,826 1,116 1,614 1,769 498 653 21,412 23,294 1,882
* The City will reconsider this hotel allocation if building permits for the hotel
project approved on March 3, 2020 are not issued by March 3, 2025.
Amend Chapter 3, Pages LU-16 and 17 as follows:
Figure LU-2: Community Form Diagram
North De Anza Gateway
Maximum Residential Density
35 units per acre
Maximum Height
45 feet
Hotel Development for APN 326-10-061:
Maximum Height 85 feet*
* The City will reconsider this height limit if building permits for the hotel project
approved on March 3, 2020 are not issued by March 3, 2025.
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: Heights and setbacks adjacent to residential areas will be
determined during project review.
• For projects within the Vallco Shopping District Special Area that are adjacent to the
North Blaney/Portal neighborhood: Maintain the primary building bulk 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.
• 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.
Amend Chapter 3, Page LU-61 as follows:
POLICY LU-23.2: LAND USE Primarily retail, commercial and residential uses, with
some limited quasi-public use. Redevelopment of neighborhood centers should be
based on the “neighborhood center” concept discussed earlier in this element. See
Figure LU-2 for residential densities and criteria and Figure LU-5 related to building
planes for hotel development on parcel APN 326-10-061.
Amend Chapter 3, Page LU-62 as follows:
LU-5 Building Planes*
* The City will reconsider these building planes if building permits for the hotel
project approved on March 3, 2020 are not issued by March 3, 2025.