PC Reso 2024-15 for Z-2024-001CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.2024-15
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 10th day of December 2024, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: Fung, Lindskog, Mistry
NOES: Madhdhipatla, Scharf
ABSTAIN:
ABSENT:
ATTEST:
Piu Ghosh (slie/her)
Planning Manager
APPROV D:
WY,
David Fung, Chair
Planning Commission
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: PROTECT 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 6th
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 611, 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);
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:
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 complianc(
Environmental Quality Act (CEQA).
Pursuant to Govt. Code Section 65759, the
with the provisions of the California
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.
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
35913 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
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect 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 and 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
Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date