CC 10-01-2024 Item No. 11 Municipal Code Amendments General Commercial (CG) Zones MCA-2024-002_Supplemental Report1
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: October 1, 2024
Agenda Item #11
Subject
Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08
(Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental
Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-
wide)
Recommended Action
Receive That the City Council conduct the public hearing and conduct the first reading of
Ordinance No. 24-_____ (Attachments A &B) adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
Background:
Staff’s responses to questions received from Councilmembers are shown in italics.
Staff received the following questions regarding Item #11 via email on October 1, 2024:
Q1: Is any of the proposed amendment in this item required for the newly adopted HE
element? (Chao)
Staff response: This is not a requirement in the Housing Element.
Q2: Since the Planning Commission had a split vote (3:2), I would like to know the minority
voice, in addition to the majority voice, to inform my decision on the matter. Please provide
a summary of which recommendations had conflicting views between the planning
commissioners. (Chao)
Staff response: Enabling a number of use permits to be approved at an Administrative Hearing
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rather than continue to be heard at the Planning Commission was the primary concern identified
at the Planning Commission hearing by the two Commissioners who did not support the motion.
Q3: I do not remember there is a work program item on this section of the Muni Code. So,
I'd like some more background information.
Q3A: Please disclose who requested this section to be amended?
Q3B: When did the work of city staff start on this project? How many staff hours have
been spent? (Similar to an estimate for a work program item)
(Chao)
Staff response: As noted in the staff report, City of Cupertino’s General Plan allows the City to
periodically review and update land use and zoning requirements for retail, commercial and office
development. General Plan Policy LU-9.1.4 states:
LU-9.1.4: Regulations. Periodically review and update land use and zoning requirements for
retail, commercial and office development in order to attract high-quality sales-tax producing
businesses and services, while adapting to the fast changing retail, commercial and office
environment.
Regular zoning code update has been ongoing and part of the day-to-day operation of the Planning
Office.
Q4: Please include any communication from any business owner/operator for any of the
proposed changes so that the Council can understand the motivation and background of
these proposed changes. (Chao)
Staff response: Please see response to Q3. No individual business operator or member of the public
requested these proposed revisions.
Q5: Besides the Planning Commission meeting and posting on bulletin boards, has the city
done any outreach to the residents on these proposed changes, such as surveys, e-
notification, since the proposed changes do affect the rights of Cupertino residents to
provide input on uses that might raise safety or noise concerns, such as late night activity
or with alcohol use? (Chao)
Staff response: This is a limited, staff-initiated update to the Zoning Ordinance consistent with
General Plan Policy LU-9.14. No community outreach has been completed for this item.
Q6-1: The staff report states "Certain uses are proposed to be permitted by right where they
are currently conditional uses," but I did not find such uses in the staff report. Could you
please provide a list of such uses that will become by-right?
Q6-2: What's the motivation for such change and for these uses?
(Chao)
Staff response: Page 3 of the staff report states which uses are proposed to be permitted by right
where they are currently conditional uses, as well as within Attachment B: Draft Ordinance No.
24-_______(redline). Specifically, these include the following:
• Entertainment facilities (e.g., dancing, live music) in association with full-service or fast-
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food/self-service restaurants shall be a permitted use.
• Outdoor seating so long as parking requirements are met in conformance with CMC Chapter
19.124: Parking Regulations.
These changes were recommended in order to encourage stronger economic development by
attracting businesses and services to the City, adapting to trends in entitlement procedures
regionally, and streamline the process for businesses in the community.
Q7: Q7-1: The staff report states "1. Some conditional uses currently approved at the
Planning Commission level are proposed to be approved at an Administrative Hearing",
but the list of uses with changed approval authority is not listed. Could you please provide
a list of such uses? (Then, I found a paragraph after #3 that seems to be these uses, like
dancing, live music etc)
Q7-2: What's the motivation for such change and for these uses?
(Chao)
Staff response: These changes were recommended in order to attract businesses and services to the
City, adapt to trends in entitlement procedures regionally, and streamline the process for businesses
in the community.
Q8: Q8-1: Why is there a need to change the definition of Farmers Market? Did the City
receive any request to make this change?
Q8-2: Does this definition apply to the Farmers' Market located at the De Anza College?
(Chao)
Staff response: The City currently does not have a definition for a Farmers Market, nor an
established process for approving one within a General Commercial (CG) zone. This definition
would apply to any Farmers Market in the City; however, the proposed process for entitlment would
only apply for those within the CG zones. De Anza College is not located in a CG zone.
Attachments Provided with Original Staff Report:
A. Draft Ordinance No. 24-_______(clean)
B. Draft Ordinance No. 24-_______(redline)
C. Planning Commission Resolution No. 2024-13
D. Public Comment