.04 Z-2006-06 Olivia Jang
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application: Z-2006-06 (EA-2006-20)
Applicant: Olivia Jang
Owners: Eric Huang, Carolyn Armanini
Location: 20916 and 20956 Homestead Road
Agenda Date: January 9, 2007
Application Summary:
Rezoning of a 2.2 gross acre site from Planned Development (Recreation, Entertainment,
Limited Commercial) to CG(General Commercial).
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of:
1. The negative declaration, file number EA-2006-20;
2. The rezoning application, file number Z-2006-06, in accordance with the model
resolution.
Project Data:
General Plan Designation:
Existing Zoning Designation:
Proposed Zoning Designation:
Acreage (Gross):
Building Square Footage:
Commercialj Residential
P(Rec, Enter, Ltd Com)
CG
2.2 acres
19,060 square feet
Project Consistency with General Plan: Yes
Environmental Assessment: Negative Declaration
BACKGROUND:
The applicant is requesting approval to rezone a portion of an existing commercial
center located at the southeast quadrant of Homestead and Stelling Roads to allow for a
greater variety of commercial uses than are currently allowed by the specialized
commercial zoning (Exhibit A). The surrounding land uses are multiple-family
residential to the south and east, commercial and residential uses to the north in .
Sunnyvale, and commercial uses to the west.
DISCUSSION:.
In 1974, a 5-acre site was proposed for development by Brunswick Corporation, a
manufacturer of bowling equipment and developer! operator of bowling alleys across
the country. In submitting its bowling alley development applications, Brunswick
emphasized the demand for recreational uses in the area. The City Council responded
by approving the bowling alley and restricting the land uses of the other approved
J}--I
Applications: Z-2006-06
Page 2
January 9, 2007
buildings to recreation, entertainment and related commercial uses. The concept was to
create a recreational! entertainment center, not another shopping center.
D Two Parcels Proposed for Rezoning to "CG"
Within two years the bowling alley was built and the property was subdivided into
four commercial lots, but the applicant was unable to secure other tenants for the other
building spaces and he sought a change in the general plan land use designation from
recreation! entertainment and incidental commercial to a general commercial use. The
general plan land use amendment was denied by the City Council, but the Council
signaled. its willingness to consider other types of commercial use at the center. In 1977,
the City approved a rezoning of the property from P(Rec, Enter, Related Com) to P(Rec,
Enter, Limited Com), which allowed a greater range of commercial uses, but required a
use permit for every change in use. In 1979, the applicant came back to the City to
modify the zoning again to add additional commercial uses in order to fully occupy the
building spaces. This was the last time the zoning was modified by the City. The
allowed land uses are listed in Exhibit B.
2
tf-d
Applications: Z-2006-06
Page 3
January 9, 2007
The property owners have petitioned the City to remove this specialized commercial
zoning from two of the four properties in the center and allow a full range of
commercial uses that are allowed by right in nearly every commercial center in the City.
The concept of a specialized recreation and entertainment center never materialized at
this location due to a lack of market demand. The limited range of land uses and the
requirement of a use permit for every change of use place the property owners at a
competitive disadvantage compared to other commercial centers in the area.
It is not as important to modify the zoning for the other two commercial properties in
this center that are similarly zoned: the Homestead Lanes (bowling alley) parcel and the
McDonald's Restaurant parcel. These properties have specialized building
improvements not usable to different tenants without significant redevelopment.
Enclosures:
Model Resolution for Z-2006-06
ERC Recommendation, Initial Study
Exhibit A-I: Letter from Applicant
Exhibit B-1: Permitted Uses in P(Rec, Enter, Ltd Com)
Submitted by: Colin Jung, Senior Planner
Approved by: Steve Piasecki, Director of Community Developm~
G: \ Planning\ PDREPORT\ pcZreports\ 2006zreports\ Z-2006-06.doc
3
Lf-3
Z-2006-06
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION No.
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE RE-ZONING OF A 2.2 GROSS ACRE SITE FROM P(REC,
ENTER, L TD COM), PLANNED DEVELOPMENT ZONING WITH RECREATION,
ENTERT AINMENT, AND LIMITED COMMERCIAL INTENT, TO CG, GENERAL
COMMERCIAL ZONING LOCATED AT 20916 & 20956 HOMESTEAD ROAD
SECTION I: PROTECT DESCRIPTION
Application No.:
Applicant:
Location:
Z-2006-06
Olivia Jang (for Huang and Armanini)
20916 & 20956 Homestead Road
SECTION II: FINDINGS FOR REZONING
WHEREAS, the Planning Commission of the City of Cupertino received an application
for the rezoning of property, as described on this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the
Procedural Ordinance of the City of Cupertino, and the Planning Commission has held
one or more public hearings on this matter; and
WHEREAS, the Planning Commission finds that the subject rezoning meets the
following requirements:
1) That the rezoning is in conformance with the General Plan of the City of Cupertino.
2) That the property involved is adequate in size and shape to conform to the new
zoning designation.
3) That the new zoning encourages the most appropriate use of land.
4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace,
morals and general welfare of persons residing or working in the neighborhood of
subject parcels.
5) That the rezoning promotes the orderly development of the city.
4--lf
Resolution No.
Page 2
z- 2006-06
January 9, 2007
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, application no. 2-2006-06 is hereby recommended for
approval; and
That the subconclusions upon which the findings and conditions specified in this
Resolution are based and contained in the Public Hearing record concerning
Application 2-2006-06, as set forth in the Minutes of the Planning Commission Meeting
of January 9, 2007 and are incorporated by reference herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY
DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
The recommendation of approval is based on Exhibits A: Zoning Plat Map, and
Exhibit B: Property Legal Descriptions for 20916 & 20956 Homestead Road, except
as may be amended by the Conditions contained in this Resolution.
PASSED AND ADOPTED this 9th day of January 2007, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Marty Miller, Chair
Cupertino Planning Commission
G:Planning/PDREPORT /Res/2006/ Z-2006-06
'+-5
DRAFT
Exhibit B
Property Legal Description for
Rezoning File No. Zr2006-06
All that certain real property in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
Parcel One (1) as shown upon that certain parcel map filed for record April 23, 1969 in Book
252 of Maps at Page 24 Santa Clara County Records, containing 0.7414 i: acres, and the abutting
Homestead Road half street with a width of 45 feet to the centerline of the street.
Parcel Two (2) as shown upon that certain parcel map filed for record November 19, 1974 in
Book 348 of Maps at Page 51 Santa Clara County Records, containing 1.12 ~acres, and the
abutting Stelling Road half street with a width of 49 feet to the centerline of the street.
tf-7
CITY OF CUPERTINO
RECOMMEND A nON OF ENVIRONMENTAL REVIEW COMMITTEE
December 13, 2006
As provided by the Environmental Assessment Procedure, adopted by the City Council
of the City of Cupertino on May 27, 1983, as amended, the following described project
was reviewed by the Environmental Review Committee of the City of Cupertino on
December 13, 2006.
PROTECT DESCRIPTION AND LOCATION
Application No.:
Applicant:
Location:
Z-2006-06 (EA-2006-20)
Olivia Jang (Huang & Armanini)
20916 & 20956 Homestead Road
DISCRETIONARY ACTION REQUEST
Rezoning of a 2.2 gross acre site from Planned Development (Recreation,
Entertainment, Limited Commercial) to CG (General Commercial)
FINDINGS OF THE ENVIRONMENTAL REVIEW COMMITTEE
The Environmental Review Committee recommends the granting of a Negative
Declaration finding that the project is consistent with the General Plan and has no
significant nvi nm tal impacts.
glerc/REC EA-2006-20
tf-f6
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3251
FAX (408) 777-3333
Community Development Department
CI 0
CUPEI\TINO
PROJECT DESCRIPTION:
A-ve-
Environmental Setting: ~\- \ . t l '" ^ .Il~ '" r. --L
~~:-ff~~~r~ I f~.:~t~~merv"~A '~~J r ~~N~
'^
PROJECT DESCRIPTION: ..., 'l.
I ?,,{_ qtO" ltc.s. ~. '2.2 Q
Site Area (ac.) - ~ Building Coverage - ..) % Exist. Building -IDJj""J.f. Propos~~ I
Bldg. - N ip\ s.f. Zone - ~J n1,Zl-J{.G.P. Designation - C~H\e...("v\( ~-es~~",~:rV(/1
Assessor'~ParceINo. -.31:6.- O~ -ll.52) .s'2b-D9-0b~
If Residential, Units/Gross Acre - I\} I A
Total# Rental/Own Bdrms
Total sJ.
Price
Unit Type #1
Unit Type #2
Unit Type #3
Unit Type #4
Unit Type #5
Applicable Special Area Plans: (Check)
o Monta Vista Design Guidelines
o
S. De Anza Conceptual
o
N. De Anza Conceptual
o
S. Sara-Sunny Conceptual
o
Stevens Crk Blvd. Conceptual
o
Stevens Creek Blvd. SW & Landscape
If Non-Residential, Building Area - I ~ '7 2- 7 s.f.
Employ~es/Shift - _Parking Required \ 1 (1/f'~ e..c.
.
Project Site is Within Cupertino Urban Service Area -
FAR - 1-3~ Max.
Parking Provided
YES ~
l-l/A
NO 0
If-0
A. CUPERTINO GENERAL PLAN SOURCES D. OUTSIDE AGENCIES (Continued)
1. Land Use Element 26. Midpeninsula Regional Open Space District
2. Public Safety Element 27. County Parks and Recreation Department
3. Housing Element 28. Cupertino Sanitary District
4. Transportation Element 29. Fremont Union High School District
5. Environmental Resources 30. Cupertino Union School District
6. Appendix A- Hillside Development 31. Pacific Gas and Electric
7. Land Use Map 32. Santa Clara County Fire Department
8. Noise Element Amendment 33. County Sheriff
9. City Ridgeline Policy 34. CAL TRANS
10. Constraint Maps 35. County Transportation Agency
36. Santa Clara Valley Water District
B. CUPERTINO SOURCE DOCUMENTS
11. Tree Preservation ordinance 778 E. OUTSIDE AGENCY DOCUMENTS
12. City Aerial Photography Maps 37. BAAQMD Survey of Contaminant
13. "Cupertino Chronicle" (California History Excesses
Center, 1976) 38. FEMA Flood Maps/SCVWD Flood Maps
14. Geological Report (site specific) 39. USDA, "Soils of Santa Clara County"
15. Parking Ordinance 1277 40. County Hazardous Waste Management
16. Zoning Map Plan
17. Zoning Code/Specific Plan Documents 41. County Heritage Resources Inventory
18. City Noise Ordinance 42. Santa Clara Valley Water District Fuel
Leak Site
C. CITY AGENCIES Site 43. CalEPA Hazardous Waste and
19. Community Development Dept. List Substances Site
20. Public Works Dept.
21. Parks & Recreation Department F. OTHER SOURCES
22. Cupertino Water Utility 44. Project Plan Set/Application Materials
45. Field Reconnaissance
D. OUTSIDE AGENCIES 46. Experience w/project of similar
23. County Planning Department scope/characteristics
24. Adjacent Cities' Planning Departments 47. ABAG Projection Series
25. County Departmental of Environmental
Health
A. Complete all information requested on the Initial Study Cover page. LEAVE BLANK SPACES
ONLY WHEN A SPECIFIC ITEM IS NOT APPLICABLE.
B. Consult the Initial Study Source List; use the materials listed therein to complete, the checklist
information in Categories A through O.
C. You are encouraged to cite other relevant sources; if such sources are used, job in their title(s)
in the "Source" column next to the question to which they relate.
D. If you check any of the "YES" response to any questions, you must attach a sheet explaining the
potential impact and suggest mitigation if needed.
E. When explaining any yes response, label your answer clearly (Example "N - 3 Historical") Please
try to respond concisely, and place as many explanatory responses as possible on each paQe.
F. Upon completing the checklist, sign and date the Preparer's Affidavit.
G. Please attach the following materials before submitting the Initial Study to the City.
~Project Plan Set of Legislative Document
~Location map with site clearly marked (when applicable)
!f--tO
EVALUATION OF ENVIRONMENTAL IMPACTS:
i
i ~- 0 c'C
I -c c'C c:;::
-~- ~ ~ 0 ~ ~~- -
i .! (.) (.) .c (.) .c .- "- .cUU (.)
I ISSUES: -.- ~ 1-q::_1Uo 1-.- ~ o ~
c:: g Ul.-.- tnQ. Ul:: Q. zQ.
I [and Supporting Information Sources] G> c E Ul c 3=.- "- Ul C E E
(s.~ - Q)tn :=0 G> .~-
...J .- :E (.)
I ll.tJ) tJ) C ...JtJ)
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a i 0 0 0 , ")&
scenic vista? [5,9,24,41,44] i
b) Substantially damage scenic resources, 0 0 0 J8t
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway? [5,9,11,24,34,41,44]
c) Substantially degrade the existing visual 0 0 0 )1
character or quality of the site and its
surroundings? [1,17,19,44]
! d) Create a new source of substantial light or 0 0 0 )(
! glare, which would adversely affect day or
I nighttime views in the area? [1,16,44]
III. AGRICULTURE RESOURCES: In ..
I detennining whether impacts to agricultural
resources are significant environmental
I effects, lead agencies may refer to the
California Agricultural Land Evaluation and
i Site Assessment Model (1997) prepared by
I the California Dept. of Conservation as an
, optional model to use in assessing impacts
I on ~griculture and farmland. Would the "
! proJect:
!
a) Convert Prime Farmland, Unique 0 0 0 ~
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non-
agricultural use? [5,7,39]
b) Conflict with existing zoning for 0 0 0 ~
agricultural use, or a Williamson Act
contract? [5,7,23]
c) Involve other changes in the existing 0 0 0 ;:gl
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use? [5,7,39]
i
,
Lf'(/
>.- 0 1:-
- I: 1:1: I:~ I:
-ClS- CIS CIS 0 CIS CIS CIS- 1:)
.!! (,) (,) J: (,) J: .- ~ J:(,)(')
ISSUES: -.- ~ ~.-_1V 0 ~.- CIS o CIS
I:~ en ~ 'i en c. en ~ c. zc.
[and Supporting Information Sources] Q) C E enC ._~ enl:E E
c),~ - Q)en ~o Q) .~-
-I .- :E (,)
D..U) U) I: -IU)
-
III. AIR QUALITY - Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district may be relied upon
to make the following determinations. Would
the project:
------
a) Conflict with or obstruct implementation of 0 0 0 J2(
the applicable air quality plan? [5,37,42,44]
i
I b) Violate any air quality standard or 0 0 0 ~
I contribute substantially to an existing or
I projected air quality violation? [5,37,42,44] , -
I
I c) Result in a cumulatively considerable net 0 0 0 ~
I increase of any criteria pollutant for which
I the project region is non-attainment under an
I applicable federal or state ambient air quality
standard (including releasing emissions
which exceed quantitative thresholds for
ozone precursors)? [4,37,44]
kt !
d) Expose sensitive receptors to substantial 0 0 0 !
pollutant concentrations? [4,37,44] j
i
e) Create objectionable odors affecting a 0 0 0 ~ I
I
- I
;
I substantial number of people? [4,37,44] i
, i
I IV. BIOLOGICAL RESOURCES -- Would
! the project:
j ~
i a) Have a substantial adverse effect, either 0 0 0
I directly or through habitat modifications, on
I any species identified as a candidate,
I sensitive, or special status species in local or
I regional plans, policies, or regulations, or by
i the California Department of Fish and Game
lor U.S. Fish and Wildlife Service?
I [5,10,27,44]
i
I b) Have a substantial adverse effect on any 0 0 0 ~ I
I riparian habitat or other sensitive natural I
I
I community identified in local or regional I
I
I
plans, policies, regulations or by the I
I California Department of Fish and Game or i
i
1 US Fish and Wildlife Service? [5,10,27,44] I
I
i
! c) Have a substantial adverse effect on 0 0 0 Ji?
I federally protected wetlands as defined by
I Section 404 of the Clean Water Act
i (including, but not limited to, marsh, vernal
If'''lc9
; >-... I: ... 0 I:'C
; -I: I: I:~
; n:I n:I 0 n:I
; -n:l'" n:ln:I'" ...
i .!! CJ CJ ,c CJ .- ~ ,cCJCJ CJ
i ISSUES: ... I;: g J- .- :5 n; 0 J-l;:n:I o n:I
I [and Supporting Information Sources] 1:._ I/) ~ 'j C) Q. 1/)'- Q. zQ.
Q)I:E I/) I: .- ~ I/) I: E E
(s.~ - Q)C) ~o Q) .~-
I ..J .- :iE CJ
D..CI) CI) I: ..JCI)
-
I pool, coastal, etc.) through direct removal,
I filling, hydrological interruption, or other
. means? [20,36,44]
!
d) Interfere substantially with the movement 0 0 0 ~
of any native resident or migratory fish or !
wildlife species or with established native ;
resident or migratory wildlife corridors, or I
impede the use of native wildlife nursery
sites? [5,10,12,21,26]
!
I e) Conflict with any local policies or 0 0 0 ~
I ordinances protecting biological resources,
I such as a tree preservation policy or
I ordinance? [11,12,41]
1
I f) Conflict with the provisions of an adopted
I Habitat Conservation Plan, Natural 0 0 0 ~
I Community Conservation Plan, or other
I approved local, regional, or state habitat
I conservation plan? [5,10,26,27]
V. CULTURAL RESOURCES -- Would the
project:
a) Cause a substantial adverse change in 0 0 0 .~
the significance of a historical resource as
! defined in 915064.5? [5,13,41]
I
I b) Cause a substantial adverse change in 0 0 0 )(
I the significance of an archaeological
! resource pursuant to 915064.5? [5,13,41]
c) Directly or indirectly destroy a unique 0 0 0 ~
paleontological resource or site or unique
geologic feature? [5,13,41]
I d) Disturb any human remains, including 0 0 0 %
i those interred outside of formal cemeteries?
I
I [1,5]
! I
I VI. GEOLOGY AND SOILS - Would the
project: i
i
I
I a) Expose people or structures to potential
I substantial adverse effects, including the risk
I of loss, injury, or death involving: I
r ~ I
I i) Rupture of a known earthquake fault, as 0 0 0
I delineated on the most recent Alquist-Priolo I
I Earthquake Fault Zoning Map issued by the i
i
If-/3
! I
i >-- C _ 0 Cc
C C:;; i
! -C I
-ns- ns ns 0 ns nsns- -
! _!!! u u .c u -- "- .cUU U I
I ISSUES: c!E~ 1-q::;'1Go I- -- ns o ns I
en -- -i 0) Q. en :!:: Q. zQ.
i [and Supporting Information Sources] SCE en C -- "- en C E E
o_~- CDO) ~o CD _~-
I -1-- ~u
; D..U) -IU)
i U) C
I
I -
I State Geologist for the area- or based on i
i other substantial evidence of a known fault? I
i Refer to Division of Mines and Geology
I Special Publication 42. [2,14,44]
I ii) Strong seismic ground shaking? 0 0 0 ~
I
. [2,5,10,44J i
-_._._~~----- -_._~~-
I iii) Seismic-related ground failure, including 0 0 0 ~
I liquefaction? [2.5,10.39,44]
;
I iv) Landslides? [2,5,10,39,44] 0 0 ~ ;
0 i
b) Result in substantial soil erosion or the 0 0 0 )Z(
loss of topsoil? [2,5,10,44]
c) Be located on a geologic unit or soil that is 0 0 0 j4'
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
[2,5,10,39]
d) Be located on expansive soil, as defined 0 0 0 )Zl
in Table 18-1-B of the Uniform Building Code
(1997), creating substantial risks to life or
property? [2,5,10]
e) Have soils incapable of adequately 0 0 0 ;gL
supporting the use of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water? [6.9,36.39]
VII_ HAZARDS AND HAZARDOUS
MATERIALS - Would the project:
a) Create a significant hazard to the public or 0 0 0 Y(
the environment through the routine
transport, use, .or disposal of hazardous
materials? [32,40,42,43,44]
.,
b) Create a significant hazard to the public or 0 0 0 ~
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment? [32,40,42,43,44]
I
c) Emit hazardous emissions or handle 0 0 0 )it I
hazardous or acutely hazardous materials, I
substances, or waste within one-quarter mile I
4--llf
f -,
i >.- C _ 0 C1: i
; C C :;:; I
i - C
-ftJ- ftJ ftJ 0 ftJ ftJftJ- .... I
i .! u u .c u .- I- .cUU U i
! ISSUES: -.- ~ I- .- ;; 1U 0 1-.- ftJ o ftJ i
c:: m :: .i tn c. m :: c. z c. I
I [and Supporting Information Sources] Q) C E m C .- I- m C E E I
cL~- Q)tn ::0 Q) .~- -I
...J .- :E (,)
o.CJ) CJ) C ...JCJ)
I - I
r of an existing or proposed school? I
I [2,29,30,40,44]
d) Be located on a site which is included on a 0 0 0 Jgf
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment? [2,42,40,43]
i ~
I e) For a project located within an airport land 0 0 0
I use plan or, where such a plan has not been
I adopted, within two miles of a public airport
I or public use airport, would the project result
I in a safety hazard for people residing or
, working in the project area? [ ]
;
I f) For a project within the vicinity of a private 0 0 0 -1'(
I airstrip, would the project result in a safety
I hazard for people residing or working in the
project area? [ ]
I g) Impair implementation of or physically 0 0 0 c(
interfere with an adopted emergency
I response plan or emergency evacuation
plan? [2,32,33,44]
i h) Expose people or structures to a 0 0 0 ~
i significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized areas or
I where residences are intermixed with
I wildlands?[1,2,44]
I
I VIII. HYDROLOGY AND WATER QUALITY
1-- Would the project:
!
I a) Violate any water quality standards or 0 0 0 )(
I waste discharge requirements? [20,36,37)
b) Substantially deplete groundwater 0 0 0 Xl
supplies or interfere substantially with
groundwater recharge such that there would
be a net deficit in aquifer volume or a
lowering of the local groundwater table level
(e.g., the production rate of pre-existing
nearby wells would drop to a level
which would not support existing land uses
or planned uses for which permits have been
granted)? [20,36,42]
Lf-/5
I -
i >>- c _ 0 I
i _c c c.- c'C I
I -ns- ns ons nsns- - I
I ISSUES: .! CJ CJ ,C B .-... 'cCJCJ CJ I
-.- ! 1-i;::5nso I-li:ns o ns
c:!:: CI).-.;S ma. CI).- a. za.
I [and Supporting Information Sources] (2)CE CI) c .-... Cl)cE E I
c).~ - (2)m ~o (2) .~-
...J .- :E CJ
D..fn tI) C ...JtI)
i -
I c) Substantially alter the existing drainage 0 0 0 R.
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion of siltation on- or off-site?
[14, 20,36]
.....m___
d) Substantially alter the existing drainage 0 0 0 is..
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in flooding on- or off-site
[20,36,38]
Ie) Create or contribute runoff water which 0 0 0 a
I would exceed the capacity of existing or
! planned stormwater drainage systems or
I provide substantial additional sources of
I
I polluted runoff? [20,36,42]
I f) Otherwise substantially degrade water 0 0 0 .$!(
I quality? [20,36,37]
g) Place housing within a 1 OO-year flood 0 0 0 ~
I hazard area as mapped on a federal Flood
I Hazard Boundary or Flood Insurance Rate
I Map or other flood hazard delineation map?
I [2,38]
I .~
I h) Place within a 100-year flood hazard area 0 0 0
! structures which would impede or redirect
I flood flows? [2,38]
i
I i) Expose people or structures to a significant 0 0 0 ~
I risk of loss, injury or death involving flooding,
I including flooding as a result of the failure of
I a levee or dam? [2,36,38]
!
I j) Inundation by seiche, tsunami, or I
0 0 0 .N I
I
I mudflow? [2,36,38] I
I !
I IX. LAND USE AND PLANNING - Would I
I the project:
I
r a) Physically divide an established 0 0 0 fl( I
I
I
I community? [7,12,22,41] I
I
I I
I b) Conflict with any applicable land use plan, 0 0 0 lit. i
I
Lpolicy, or regulation of an agency with I
I
;
4--, ft,
,
0 !
>>- Cc C;: Cc i
-C !
-ns- nsns ons nsns- - !
.! CJ CJ .l: CJ .l: .- ~ .l:CJCJ CJ I
ISSUES: -~~ 1-~_1Go I-~ns o ns
C ._ 1/).-.- enQ. 1/).- Q. zQ. I
[and Supporting Information Sources] Q) C E I/) C ~.- ~ I/)cE E I
o.~- en ~ 0 Q) .~-
~ .- :is CJ
ll.t/) t/) C ...Jt/)
-
jurisdiction over the project (including, but
not limited to the general plan, specific plan,
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
[1,7,8,16,17,18,44J
..... -_.------- ...... -.. .. ... ..
c) Conflict with any applicable habitat 0 0 0 Jll
conservation plan or natural community
conservation plan? [1,5,6,9,26]
X. MINERAL RESOURCES -- Would the
project:
a) Result in the loss of availability of a known 0 0 0 ~
mineral resource that would be of value to
the region and the residents of the state?
[5,10]
b) Result in the loss of availability of a 0 0 0 , ~
locally-important mineral resource recovery
site delineated on a local general plan,
specific plan or other land use plan? [5,10]
XI. NOISE -- Would the project result in:
a) Exposure of persons to, or generation of, 0 0 0 ~
noise levels in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies? [8,18,44]
b) Exposure of persons to or generation of 0 0 0 ~
excessive ground borne vibration or
groundborne noise levels? [8,18,44]
c) A substantial permanent increase in ,0 0 0 .RJ..
ambient noise levels in the project vicinity
above levels existing without the project?
[8,18]
d) A substantial temporary or periodic 0 0 0 ~
increase in ambient noise levels in the
project vicinity above levels existing without
the project? [8,18,44]
e) For a project located within an airport land 0 0 0 ~ I
I
use plan or, where such a plan has not been I
adopted, within two miles of a public airport I
I
or public use airport, would the project !
expose people residing or working in the I
Jj -I tl
I
i >.- 0 c-
I -c Cc c:;:; c
i -ns- ns ns 0 ns nsns- -
I .!.'!! eJ eJ J: eJ .-... J:eJeJ eJ
! ISSUES: -It:! 1-1t:~'1;o 1-'- ns o ns
I [and Supporting Information Sources] c ._ 1Il'-'- C)e. III :c e. ze.
Q) C E III C :;:.-... IIlcE E
1S.~ - Q) C) :!:: 0 Q) .~-
..J .- :iE eJ -
I D-tJ) tJ) C ..JtJ)
project area to excessive noise levels?
[8,18,44]
f) For a project within the vicinity of a private D D D }&t
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels? [8,18J
XII. POPULATION AND HOUSING -- Would
the project:
I a) Induce substantial population growth in an D D D iJ.
I area, either directly (for example, by
I proposing new homes and businesses) or
indirectly (for example, through extension of
I roads or other infrastructure)? [3,16,47,44]
I
I b) Displace substantial numbers of existing D D D ~
I housing, necessitating the construction of
I replacement housing elsewhere? [3,16,44]
I
!
! c) Displace substantial numbers of people, D D D ~
I necessitating the construction of
I replacement housing elsewhere? [3,16,44]
I XIII. PUBLIC SERVICES
I a) Would the project result in substantial
I adverse physical impacts associated with the
; provision of new or physically altered
I governmental facilities, need for new or
I physically altered governmental facilities, the
I construction of which could cause significant
I environmental impacts, in order to maintain
I acceptable service ratios, response times or
I other performance objectives for any of the
I public services:
I
i Fire protection? [19,32,44] D D D ~I
!
I I
i Police protection? [33,44] D D D E(
I
I Schools? [29,30,44] D D D ~
Parks? [5,17,19,21,26,27,44] D D D ~
I
I !
I Other public facilities? [19,20,44] D D D R I
XIV. RECREATION - I
i
I a) Would the project increase the use of D D D ){ I
I existing neighborhood and regional parks or - I
tf-tg
>-- c _ 0 c'C
-c c c ~
-ca- caca oca caca- -
.!!! CJ CJ .c CJ .- I.. .cCJCJ CJ
ISSUES: -.- a 1-lj::S'So I-lj:ca o ca
c~ 1/).-.- tnQ. 1/).- Q. zc.
[and Supporting Information Sources] 0> c E I/) c :i=.- I.. I/) c E E
'0.2'- 0> tn :t: 0 0> .2J-
..J .- :t CJ
D.tJ) tJ) c ..JtJ)
-
I other recreational facilities such that
substantial physical deterioration of the J
J
! facility would occur or be accelerated? I
I [5,17,19,21,26,27,44] I
b) Does the project include recreational 0 0 0 )t !
facilities or require the construction or ! J
expansion of recreational facilities which i ;
might have an adverse physical effect on the
environment? [5,44]
I xv. TRANSPORTATIONITRAFFIC --
I Would the project:
I
J
I a) Cause an increase in traffic which is 0 0 0 JSi{
I substantial in relation to the existing traffic
I load and capacity of the street system (i.e.,
I result in a substantial increase in either the
i number of vehicle trips, the volume to
I capacity ratio on roads, or congestion at
I intersections)? [4,20,35,44]
I b} Exceed, either indMdual1y or cumulatively, 0 0 0 E.
a level of service standard established by the ,
county congestion management agency for
designated roads or highways? [4,20,44]
! c) Result in a change in air traffic patterns, 0 0 0 ~
I including either an increase in traffic levels or
I a change in location that results in
I substantial safety risks? [4,?]
J
I d) Substantially increase hazards due to a 0 0 0 .~
I design feature (e.g., sharp curves or
I dangerous intersections) or incompatible
uses (e.g., farm equipment)? [20,35,44]
I g(
I e) Result in inadequate emergency access? 0 0 0
I [2,19,32,33,44]
i 4
I f) Result in inadequate parking capacity? 0 0 a
[17,44]
I
I g) Conflict with adopted policies, plans, or 0 0 0 ~
, programs supporting alternative
transportation (e.g., bus turnouts, bicycle
I racks)? [4,34]
I XVI. UTILITIES AND SERVICE SYSTEMS -
I Would the project:
Lf~/0
[ ,
C _ 0 I
I >-- C- I
; -C C C;:; C i
; -ns- nsns ons nsns- - I
i ISSUES: .! (,) (,) J:: (,) ._ ~ J::(,)(') (,) I
-lj:~ .- .- ;; 1G 0 .- .- ns o ns I
C ._ f/) ~ 'i C) Q, f/) ~ Q, zQ,
I Q) C E ,
! [and Supporting Information Sources] f/) C .- ~ f/)cE E
'0 .2'- Q) C) :!:: 0 Q) .2'-
I -J .- :::E (,)
I D..(/) tJ) C -JtJ)
I -
I a) Exceed wastewater treatment 0 0 0 J8\
I requirements of the applicable Regional
i Water Quality Control Board? [5,22.28,36,44]
I
b) Require or result in the construction of 0 0 0 ~
new water or wastewater treatment facilities
or expansion of existing facilities, the ! I !
i
construction of which could.cause significant ; i ,
environmental effects? [36,22,28,36]
c) Require or result in the construction of 0 0 0 -4
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects? [5,22,28,36,44]
e) Result in a determination by the 0 0 0 1ll
wastewater treatment provider which serves
or may serve the project that it has adequate
capacity to serve the project's projected
demand in addition to the provider's existing
commitments? [5,22,28.36,44]
f) Be served by a landfill with sufficient 0 0 0 ~ i
I
permitted capacity to accommodate the I
project's solid waste disposal needs? [?] I
I
g) Comply with federal, state, and local 0 0 0 .ft( I
statutes and regulations related to solid ;
waste? [?] I
I
Lf-~o
a) Does the project have the potential to 0 0 0 ~
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or
animal or eliminate important examples of
the major periods of California history or
prehistory? 0
I b) Does the project have impacts that are 0 0 0 B(
I individually limited, but cumulatively
I considerable? ("Cumulatively
I considerable" means that the incremental
effects of a project are considerable when
I viewed in connection with the effects of past
I projects, the effects of other current projects,
i and the effects of probable future projects)?
10
I c) Does the project have environmental 0 0 0 !it
effects which will cause substantial adverse
I effects on human beings, either directly or
, indirectly? 0
I hereby certify that the information provided in this Initial Study is true and correct to the
best of my knowledge and belief; I certify that I have used proper diligence in responding
accurately to all questions herein, and have consulted appropriate source references
when necessary to ensure full and complete disclosure of relevant environmental data. I
hereby acknowledge than any substantial errors dated within this Initial Study may cause
delay or discontinuance of related project review procedures, and hereby agree to hold
harmless the City of Cupertino, its staff and authorized agents, from the consequences of
such delay or discontinuance.
Preparer's Signature
cJL/b:;-
c,1 I;., .J IicJ
Print Preparer's Name
Lf~J-J
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
0 Aesthetics 0 Agriculture Resources 0 Air Quality
0 Biological Resources 0 Cultural Resources 0 Geology ISoils
D Hazards & Hazardous D Hydrology I Water 0 land Use / Planning
Materials Quality
0 Mineral Resources 0 Noise 0 Population 1 Housing
0 Public Services 0 Recreation "J( TransportationlTraffic
0 Utilities 1 Service 0 Mandatory Findings of
Systems Significance
DETERMINATION:
On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that:
Ji'l The proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
o Although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have
been made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
o The proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
o The proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
o Although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an
earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b)
have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE .
DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
12..//II'D~
Date I
( 2--/, ~/1 0 b
Date
tf,.~~~
Environmental Evaluation
File No. Z-2006-06
Transportation/Traffic
The rezoning would allow a large range of personal service, financial and office uses in this
shopping center that are currently allowed by right in most other commercial areas in the City.
Under the rezoning, up to 25% of the shopping center may be tenanted with office. Effect on
parking capacity is indeterminable since medical offices have a higher parking requirement than
retail (1 space per 175 g.s.f. vs. 1 space per 250 g.s.f), but most office uses have a lower parking
requirement ( 1 space per 285 g.s.f.).
A parking study is required for each new tenant that generates a higher than retail parking
requirement.
t.f -~3
UnlDIt A - ~
F-<RC: F:T'l~:151
BY:
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
November 28,2006
Eric Huang
P. O. Box 2383
Cupertino, CA 95015
RE: APPLICATION FOR ZONING CHANGE
20956 HOMESTEAD ROAD
APN# 326-09-061
Dear Sir/Madam:
Enclosed with this letter is a completed Application Form which I am submitting
for rezoning.
The current zoning is P (REC, ENTER, LTD COMM). We are submitting this
application in support of our request to change the existing zoning to CG (General
Commercial) zoning.
We believe that the requested zoning change would be in the best interest of the
City of Cupertino and the surrounding property owners because the CG zoning is more
consistent with the area than the present zoning. In addition, it is our opinion that the
quality of tenants, the use of the premises will generate more revenues than the current
zoning allows. Furthermore, typically, less city services are required for properties that
are commercial versus those that allow recreational and entertainment use.
Please contact the undersigned if you require any additional information.
/
/
Resp~tfully submitted,
'J
(
'~
Eric Huang, Owner
4--~Lf
t;:,'\"::":':: ,~?'0 l'~. .(
./ { ...,."'. ~ -. .. ~ ,.
::;':':~:~ ;: '.;:~. .\....:'..
. ::.:.,,"~'
;"', '.",.'
r' , :>;;~
;::',": ~! .:.'{
........ <>, ~f.ii\')~
....> . ':-" "'..' .....
. .:.... ."".
"..' ..'..."'.
".'..' ..,'
1.3. 1977.,..",,,:,
.:' ' <::~~~.,<;:::
, '. "\;/;::;,; ~iJ~;;'
. ':":'W,/<;.,:':~:?
tors, It "'<)';' >(
, :." " . .;::. ,.....
.:.9;5150 .
E ;'I~KV U ~:> .... .. ',">" ')[
., '.', '" :::.,.<.:,:.;:. /
.' '.':'. ':"''''':.,
, .... \";:!/<".
.;..',; ..: i):, -; I";;~):"'!
Ilcpt. of Planntng ::md ..: ,.:"." ;""'\.'" ',':
., ':i',' .,..:t., :;,:;;,.'. ,': " ,
'I I.lt'lll ~I 1 ,J'i" 1;) G'''t,' .,
, r.. .hm I' f!. c:,,'c.o
I N f n d t'l ):....-'; ;.... ", .-
"(l (1 r r R 1>1' m~l'l Rn ,'J. .1lpFlOn ',.,..... "'~"" ~ . >.. ~ .
li7'; NMlh Fh'r.tRt,('C't ",i', ~;; ,~,;t~~"j,\i f~9:51lf..':'
Snn .1 (1~p. C.'llif.,. ,<-:}';)', <-:i;'j,.;; [1:,. "A." .;;......:c.;:.:....,
..' . ".",r>;.~" : .... i,;.. ,,:i';':;, " .~'\.::::,,::;
. ,,;.. '; .... '/.;: ". i, .,' ".: Jr;.?,,,.' '.' . ',::..
. .,". . .c. .' "',' ';.:' "., . ."....; .." ",
. .'. ,:'.' , '" :, .... ..::"....... ...... ,......,;.,.,
,~jli~.)U':;"':..;\....". ,'<:" ,,:;:rr;J0~"_ ..~.
<., '. \"./j\;,:;,,' ,...'",':," .'" c. .
..."'q, .:.,':"<:':::'.';; .X,~. .... . ." :,'j,. :!< '., ":);:;
.' ".' .' "X;j;&~: " ..j.,:, .
"-';;""'. ,.. ,..... .',..;.:.... . ,. .... ....,' ., ,..: '. .:.........' .. 'c,. ::...... ...:"".'
'.- " ,r, . ,'. " "-.'
10lOU'T~it:e I\venue
ClII'ertlno. Calilornia 9501,1
'fele"hunc (40ll} 2S2-450S
n[rI\Rr~'UH 1)('
Septemht't"
St,:ll'('rC'!;t Invps
p, (). R():<; 6088
S:1n JoS(', Calif (''Chia
.~:;
COTtRECTtON TO ct.
"', ;:":.,!::<.:-
.:'~\;, ,-. ~....~~:( ';~~~;~
h~~: b~;e~\.~~6J~,
m)' ietter:or;slCp .
City Coun'ciL.ciri d,i~f
, consider:,~lli~",as';""''''I;.
". +~i~c~~~t'lt~~f~ib:'
missiori::RC~4titt:t
ExhibitB~l~t.:Re' .
.1.1mitrihivtt'ied';t^<&'
'. for indodf\~aie~
on that\Exh:l.b:l.t'
;; .:..,.;
:. (: Y':', ;. "Y,:,':~~.:'~
P:'ease'accept
may hnve :C8lI8C'
(I' ,; :,: 'c' ~,'
...:;.......
. .':" :
:
.
~.
CR
rc:
~~ ..' -",. .~ 'e
,>, ~, .' ~~wj;--..~:'~ ,'1.1
,'~"~ .. 1'." -,..~..'
. '
'......
'~',
i('.--;"-
'tt!~;. F.
"',.,....:::,:~',
:x:'G~).',>>~i:.:
{~, :;':.:,
,'i"" .
':,,::;.":', ".
'.1i~:.":.
:;}....'..;;;,\,
~'>\': . .,' ;.'\'
."..,.,. . ,.
,f<
,'.
i,',
'.,
.i'
~H,O:;:: O,i ;::' :;:' ..
,'.' "
:." '.'
., /,' ;;;.i,-;i, ":,' ."
'. :..,:)~.".:
i.' ',;.i..Y';
. i>)~: q,
,"
.. -, ,{. l~:;. .
".::'
.: '
i/:',.<
';i' '..
:,,'.,
,';t.\~, :'/,~ ~" .
,,-: <<':"':""'.
...... .'., ',',"
(:/"", '/.;i"
'.! .{;-it:' ..
. ,....0
'.-',
,-:.~:,"tL;
,'i .' .:t ;) ....!
'.;;
. ;;
,:j~
;~~:: ' .'
'.
'. ::':
}
~:
;~;i;,\(~~.,'~
. ;,.f..... J)t~.~~'J,~:.
!l~;[a15
dtif~it
,;,;:J/
c;
::-
1]
Inn"'
:'.."./.,',j
.""
:;-.
i1.
C., ":'.'.
., -'. .
/,;:" '.:, '.ii.
>'~,:!"'::,;,;:.:..:
'., ,:..,':,'
: .-: ,)....
':.:,.,:- .:;{:'.>
( '..': ~;.;(i;;
;');.; iJ' '.:,., ..........; ;;;:....
.. ,". ".:,,;.: :/.". ,~,....': ,:',' '/ ~\<;i
:.;;. . . "';
'.: '
..
':'.' ",
'" .0".
::'\.'.:
~.. ,',"
':'./.'
.'
."/
", .' ':"':.,'. .:......,..,
,t;~~~f~
\i'i:Jjt~~~Jj; :.'.
.':
.',
., :
'.'
""', "':'
"',
..,', ......:
~d~
.; j : ~:' ~ " " ,'.i~ ': ~ ,,~. ~:,: :;, :: ~'i':';'~:;~{~;:~:':;:i.-;i\~:" ~":'"' ,;:,:,. :,'. >; ',:+..:(..:~;
II
Resolution ~o. 1719 (ccntinued)
PASSED ,\."\1) AD:)PTE;) thi:' 8th day of August, 1977. at a regular meccing of the
Planning Con~ission of -he City of Cupertino. State of California, by the
following roll call vote:
AYES:
NAYS:
ABSTAIN:
An s f:~rr :
Commissioners Adams, Blaine, Chairman Kc'enitzer
None
Ncne
Cornmiss:ioners Gatto, l'-1arkkula
APPROVED:
-
/s/ R. D. Koenitzer
R. D. Koenitzer, Chairman
Planning Commi,'ls1.on
ATTEST:
W~UJA
Robert CO'01a:l
Assistant Planning Director
e
-)..
-
,~~~~~~~,:,~.i/~~Jt;Zo