CC Ordinance No. 22-2237 approving the Rezoning of three parcels from Planned Development Zoning with General Commercial uses (P(CG)) to Planned Development Zoning with General Commercial and ResORDINANCE NO. 22-2237
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO APPROVING THE REZONING
OF THREE PARCELS FROM PLANNED DEVELOPMENT ZONING
WITH GENERAL COMMERCIAL USES (P(CG)) TO PLANNED
DEVELOPMENT ZONING WITH GENERAL COMMERCIAL
AND RESIDENTIAL USES (P(CG, RES))
LOCATED 22690 STEVENS CREEK BOULEVARD
SECTION I: PROTECT DESCRIPTION
Application No .:
Applicant:
Location:
Z-2020-001
Alan Enterprises LLC
22690 Stevens Creek Boulevard;
APN#s 342-14-066, 342-14-104 & 105
SECTION II: RECITALS
WHEREAS, an application was received by the City (Application no. Z-2020-001) for the
rezoning of a property from Planned Development with Commercial intent (P(CG)) to
Planned Development with General Commercial and Residential intent (P(CG, Res)).
WHEREAS, the rezoning has been determined to be consistent with the City's General
Plan land use map, proposed uses and surrounding uses; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act of
1970 (Public Resources Code Section 21000 et seq.) ("CEQA") and the State CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA
Guidelines"), the City prepared an Initial Study and proposed Mitigated Negative
Declaration ("Project"); and
WHEREAS, on October 28, 2021, the City of Cupertino's Environmental Review
Committee held a duly noticed public hearing to receive public testimony and reviewed
and considered the information contained in the Draft IS/MND, and voted 5-0-0 to
recommend that the City Council adopt the Draft IS/MND (EA-2018-06) and mitigation
measures; and
WHEREAS, the Final Draft Initial Study and Mitigated Negative Declaration was
presented to the Planning Commission on November 23, 2021 at a regularly scheduled
Planning Commission Meeting; and,
Ordinance No. 22-2237
Page 2
WHEREAS, on November 23, ·2021, the Planning Commission held a duly noticed public
hearing to receive staff's presentation and public testimony, and to consider the
information contained in the IS/MND along with all staff reports, other pertinent
documents, and all written and oral statements received prior to and at the public hearing,
and recommended on a 4-1-0 (Wang no) vote, based on substantial evidence in the record,
that the City Council adopt the MND, adopt and incorporate into the Project and
implement as conditions of approval all of the mitigation measures for the project that
are identified in the IS/MND, and adopt the Mitigation Monitoring and Reporting
Program for the Project; and
WHEREAS, the necessary public notices have been given and the Planning Commission
held one public hearing recommending to the City Council on a 4-1-0 (Wang no) that the
rezoning be granted per resolution No. (Z-2020-001);
WHEREAS, on January 13, 2022 and February 1, 2022, upon due notice, the City Council
has held at least two public hearings to consider the Rezoning; and;
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and;
SECTION III
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the facts, exhibits, testimony and other evidence
submitted in this matter, the City Council adopts the Rezoning based upon the findings
described above, the public hearing record and the Minutes of Planning Commission
Meeting of November 23, 2021, and 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.
19.152.020.C:
The City Council finds the following as set forth by Municipal Code
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).
The project has been determined to be consistent with the General Plan. The proposed rezoning
would be consistent with the proposed land use and the General Plan consistency determination .
The Planned Development district allows the City flexibility to approve project specific
development standards different from the standards outlined in the Zoning regulations for the site.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Ordinance No. 22-2237
Page 3
As set forth above, the City examined the environmental effects of the Project, including the zoning
amendments adopted herein, and in the Initial Study and Mitigated Negative Declaration
prepared in accordance with the California Environmental Quality Act. On January 13, 2022 the
City Council adopted resolution 22-008 to approve the Initial Study and Mitigated Negative
Declaration with the Mitigation Monitoring and Reporting Program. Any potential impacts
associated with project have been analyzed, and mitigation to reduce any potential impacts to less
than significant with mitigation have been adopted. Therefore, the proposed zoning complies with
the provisions of CEQA.
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 requested zoning designation(s) and anticipated land use development(s).
The site being rezoned will have access to existing utilities and is compatible with adjoining
residential land uses.
4. The proposed zoning will promote orderly development of the City .
The site being rezoned will promote orderly development in the City through incorporation of
development standards proposed by the project in compliance with the Planned Development
Zoning District regulations of the Municipal Code, while continuing to allow commercial activity
in the future.
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 the proposed uses have been determined to be consistent with the City's General Plan Land
Use Element . Additionally, where any potential health or safety impacts have been identified in
the Project's CEQA analysis, mitigation measures have been identified which would be mitigate
the impact.
Section 3. The City Council approves the following:
1. That the property described in attached Exhibit Z-1 have a zoning designation as
APN Current Zoning New Zoning
342-14-066 P(CG) P(CG, Res)
342-14-104 P(CG) P(CG, Res)
342-14-105 P(CG) P(CG, Res)
that shown in the table below and is incorporated into the Master Zoning Map
(Exhibit Z-2) of the City of Cupertino; and
Ordinance No. 22-2237
Page 4
2. The approved plan for the project indicates the setbacks, minimum common and
private open space, maximum floor area ratio, height and other development
standards. Any fuhue changes to these standards would require a rezoning of the
property.
Section 4. The City Council finds the Rezoning is within the scope of the Initial
Study Mitigated Negative Declaration and directs the Director of Community
Development to file a Notice of Determination with the Santa Clara County Recorder in
accordance with CEQA guidelines.
Section 5.
adoption.
This Ordinance shall be effective thirty (30) days following its
INTRODUCED at a special meeting of the City Council of the City of Cupertino the 13 th
day of January, 2022, and ENACTED at a regular meeting of the City Council of the City
of Cupertino the 1st day of February, 2022, by the following vote:
Vote Members of the City Council
A YES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
/?-~--0
(Darcy Pa~ 'Mayor
City of Cu rtino
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
~~P.~
Christopher Jensen, City Attorney
z../8/2.o 2-2-..
Date
Date
Feb 3) 2022
Date
2/8/22
Ordinance N o. 22-2237
Page5
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A PN s:
Address:
Acrea~e
From :
To:
Plaimed Development with General
Commercial and Residential Intent, P (CG,
Residential Single Family
Subject Property
BLVD. -
7 22560 ,
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Pr ooertv Details
342-14-066, 342-14-104, 342-14-105
22690 Stevens Creek Boulevard
0.63 acres
Zone Chan11:e
Planned Development with Gen eral
Comme rcial Intent
Planned Development w ith General
Commercial and Residential Intent
EXHI BIT Z-1
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Ordinance No. 22-2237
Final Audit Report 2022-02 -04
Created : 2022-02-04
By: Araceli Alejandre (aracelia@cupertino .org)
Status: Signed
Transaction ID: CBJCH BCAABAACc5qJ limAVvozmP6BSpM2LP 1-q-290xp
"Ordinance No. 22-2237" History
~ Document created by Aracel i Alejandre (aracelia@cupertino.org)
2022-02-04-2:43 :01 AM GMT-IP addre ss: 73 .170 .27 .25 3
g Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
202 2-02-04 -2:44 : 15 AM GMT
~ Email viewed by Christopher D . Jensen (christopherj@cupertino.org)
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6'-0 Document e -signed by Christopher D . Jensen (christopherj@cupertino.org)
Si gnature Da te : 20 22-02-04 - 3 :12:02 AM GMT -Time Source : server-IP address : 136.24.42 .212
0 Agreement completed .
2022-02-04-3:12 :02 AM GMT
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 22-2237 which
was enacted on February 1, 2022, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 8th day of February 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California