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25. Huang residence City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 CITY 0 CUPEI\TINO Community Development Department . Summary Agenda Item No. L') Agenda Date: February 6, 2007 Application: Z-2006-06, EA-2006-20 Applicant: Olivia Jang Owner: Eric Huang & Carolyn Armanini Location: 20916 & 20956 Homestead Road, APN 326-09-052, - 061 Application Summary: . REZONING of a 2.2-gross acre site from Planned Development (Recreation, Entertainment, Limited Commercial) to CG (General Commercial). . ENVIRONMENTAL DETERMINATION: Negative Declaration recommended. The project will have no significant, adverse environmental impacts. RECOMMENDATION: The Planning Commission recommends on a 5-0 vote that the City Council: 1. Approve the Negative declaration, file number EA-2006-20. 2. Approve the Rezoning application, file number Z-2006-06, in accordance with Resolution No. 6441, Ordinance No. 07-1994 Project Data: General Plan Designation: Commercial/Residential Existing Zoning Designation: P(REC, ENTER, L TD COM) Proposed Zoning Designation: CG Gross Acres: 2.2 Net Acres: 1.86 Existing Building Area: 18,700 square feet in two buildings BACKGROUND The applicant, acting on the behalf of two property owners, is requesting a rezoning of two properties within a commercial center located at the southeast corner of Homestead Road and Stelling Avenue. The center is surrounded by multifamily residential uses to the east and south, commercial uses to the west and north, and multifamily residential uses also to the north. The request is to change the zoning from P(REC, ENTER, L TD 2.)- I File Nos.: Z-2006-06, EA-2006-20 Page 2 February 6, 2007 uses also to the north. The request is to change the zoning from P(REC, ENTER, L TD COM) to CG (General Commercial). The present zoning allows only recreation uses, entertainment uses and related commercial uses, and requires a use permit for every change in use. A change to "CG" would allow the center to compete more effectively with surrounding commercial centers (Exhibit A-2). At its meeting of January 9, 2007, the Planning Commission voted 5-0 to recommend approval of this rezoning project (See Planning Commission Resolution). DISCUSSION Planning Commission Comments One Commissioner asked if it was feasible to redevelop or re-tenant the commercial spaces with larger tenants. A majority of Commissioners were interested in obtaining better maintenance and improvements in the parking areas and landscaping. Public Comments Seven members of the public spoke in favor of the rezoning to give the property owners more flexibility in attracting tenants and creating a more diverse commercial center. One resident spoke against the rezoning, saying the center should instead be remodeled to make it more attractive and workable as a recreation and entertainment center. Applicant Comments The property owners and applicant asked for the Commission's endorsement of the rezoning. They mentioned that some of the allowed uses were not viable or attracted to Cupertino, while others had large space needs that could not be accommodated in a center that provides only small tenant spaces (1,000 - 3,000 sq. ft.). The restrictive zoning does not allow them to compete effectively with other nearby commercial centers. Staff Comments Staff pointed out that the shopping center consisted of four properties under different ownerships and two of the properties; McDonald's Restaurant and Homestead Lanes have never expressed an interest in rezoning. Both buildings have specialized improvements that do not lend themselves to re-tenanting without significant remodeling work. The Commission was interested in maintenance and landscaping enhancements in the parking area of the commercial center, but it was noted by staff that most of the parking was located on the Homestead Lanes property, which is not part of this rezoning application. The two properties involved in this rezoning are under different ownerships. There is one multi-tenant building on each lot. One is about 11,600 square feet in size; the other is about 7,100 square feet. Even if the tenant spaces could be consolidated, the buildings are too small for larger retailers. 2.) - ).. File Nos.: Z-2006-06, EA-2006-20 Page 3 February 6, 2007 ENCLOSURES Draft Zoning Ordinance 07-1994 Planning Commission Resolution No. 6441 Exhibit A-2: Planning Commission Staff Report dated January 9, 2007 Prepared by: Colin Jung, Senior Planner Submitted by: Approved by: ~~~.~~V //f: /P ) .~ - t.. ~. cC -""'" L- pc..--<..- / <-,/2/1./'- Steve Piasecki Director, Community Development ~Ji David W. Knapp City Manager G:\Planning\PDREPORT\ CC\ U-2006-06 CC.doc 2')-- ] ORDINANCE NO. 07-1994 DRAFT AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING SECTION 1 OF ORDINANCE NO.2 BY REZONING APPROXIMA TEL Y 2.2 GROSS ACRES FROM P(REC, ENTER, L TD COM) TO CG LOCATED AT 20916 and 20956 HOMESTEAD ROAD APPLICATION Z-2006-06 WHEREAS, an application was filed (Application Z-2006-06) for the rezoning of property from P(REC, ENTER, LTD COM) (Planned Development Zoning with Recreation, Entertainment and Limited Commercial Intent) to CG (General Commercial); and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the Rezoning be granted; and WHEREAS, the property to be rezoned is presently zoned P(REC, ENTER, L TD COM) designation; and WHEREAS, a map of the subject property is attached hereto as Exhibit "A" as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the properties described in attached Exhibit "B" be and hereby are rezoned to CG, General Commercial Zoning, and that Exhibit "A" attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of February, 2007, and ENACTED at a regular meeting of the City Council of the City of Cupertino this day of ,2007, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN ATTEST: APPROVED: City Clerk Mayor 2f--Lf ~ -N- ~ 0 50 100 200 I I L I I SCALE: 1"=100' o <r: o (}: C) z ~ ~ w r- (f) I -I-~~~-~- wi : I ~I 01 Z\ I 49.00' Co co rri ll) 49,00 I w I N N 1 0 0 I Z DATE: 01/04/07 SCALE: AS NOTED BY: RW SHEET 2 OF 2 RW ZONING PLAT MAP REZONE FROM PLANNED DEVELOPMENT (RECREATION, ENTERT AINMENT J LIMITED COMMERCIAl) TO CG - GENERAL COMMERCIAL HOMESTEAD ROAD N 89'47'00" E 275.27' -- -- -I>- ~ o o. -I>- (]l o o. Z co ~ ~ 0 PARCEL 4 ~'I C!. 252 PM 24 ~ ~I N B~7'OO~~ 145.85' PARCEL 1 252 PM 24 326-09-052 0.74 AC. -'- -I>- ~ 8.1 IZ g ~ Vl: ( N 89'46'47" E l 162.00'- ~ - '-- N 0'13'13" W ~I~ 21.50' ~I~ N 89'46'47" E Ie:; 60.04' L- __ N 89'46'47" E 200.00' :::E PARCEL 2 348 PM 51 326-09-061 1.12 AC. ~I ~I P.O.B. LEGEND - - - - REZONING BOUNDARY PROPERTY LINE - - ~ - - CENTERLINE RW ENGINEERiNG EXHIBIT" A" PLAT TO ACCOMPANY LEGAL DESCRIPTION: REZONING 505 AL TMONT DRIVE Milpitas, CA 95035 (408) 262-1899 FAX (408) 942-0898 A)-r EXHIBIT "B" LEGAL DESCRIPTION FOR REZONING All that certain real property situated in the City of Cupertino, County of Santa Clara, . State of California, more particularly described as follows: Beginning at the southeasterly comer of Parcel 2, as shown upon that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on November 19,1974, in Book 348 of Maps, at Page 51, Santa Clara County Records; thence North 0013'13" West 306.70 feet to the northeasterly comer of Parcel 1, as shown upon that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County Records, said point also lying in the Southerly line of Homestead Road; thence running Northerly and perpendicular to said Southerly line of Homestead Road 45 feet to the centerline of Homestead Road; thence along said centerline of Homestead Road South 89047' West 275.27 feet; thence running southerly and perpendicular to said centerline 45 feet to the Northwesterly comer of said Parcell, said point also lying in the Southerly line of Homestead Road; thence South0002'21"West 149.85 feet to the Southeasterly comer of Parcel 4, as shown upon that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County Records; thence South 89047' West 145.85 feet to the Southwesterly comer of said Parce14; said point also lying in the Easterly line of Stelling Road; thence running westerly and perpendicular to said Easterly line of Stelling Road 45 feet to the centerline of Stelling Road; thence along said centerline of Stelling Road South 0002'21" West 53.88 feet; thence running easterly and perpendicular to said centerline 45. feet to the Easterly line of Stelling Road; thence North 89046'47" East 60.04 feet; thence North 0013' 13" West 21.50 feet; thence North 89046'47" East 162.00 feet; thence South 0013'13" East 124.50 feet; thence North 89046'47" East 200.00 feet to the point ofbegilming. The above described parcel of land contains 96,171 square feet or 2.21 acres of land, more or less. Description prepared on January 5,2007 END OF DESCRIPTION 10f2 2)-~ Z-2006-06 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION No. 6441 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE RE-ZONING OF A 2.2 GROSS ACRE SITE FROM P(REC, ENTER, LTD COM), PLANNED DEVELOPMENT ZONING WITH RECREATION, ENTERT AINMENT, AND LIMITED COMMERCIAL INTENT, TO CG, GENERAL COMMERCIAL ZONING LOCATED AT 20916 & 20956 HOMESTEAD ROAD SECTION 1: 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 rezorung 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. 2)-; Resolution No. 6441 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. Z-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 Z-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: NOES: ABST AIN: ABSENT: COMMISSIONERS: Chairperson Miller, Vice Chair Giefer, Wong, Saadati Chien COMMISSIONERS: none COMMISSIONERS: none COMMISSIONERS: none AYES: ATTEST: APPROVED: / s/Steve Piasecki Steve Piasecki Director of Community Development / s / Marty Miller Marty Miller, Chair Cupertino Planning Commission G:Planning/ PDREPORT / Res /2006/ Z-2006-06 2')-0' Exhibit A.. 2. CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEP ARTMENT 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. Proj ect Data: General Plan Designation: Existing Zoning Designation: Proposed Zoning Designation: Acreage (Gross): Building Square Footage: Commercial/ 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 2-) -, Applications: Z-2006-06 Page 2 January 9, 2007 buildings to recreation, entertainment and related commercial uses. The concept was to create a recreationalj 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 r~creation/ 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 1T - ( 0 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-1: 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 J..r-1\ 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. L<J.- fL 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. Z-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 Z-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: ABST AIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: Steve Piasecki Director of Community Development Marty Miller, Chair Cupertino Planning Commission G:Planningl PDREPORT IResl 2006 I Z-2006-06 2T -I 3 ZONING PLAT MAP APN: 326-09-061 REZONE: 1.12 AC FROM: P (REC. ENTER. L TO COM) TO: CG APN: 326-09-052 REZONE: 0,74 AC FROM: P (REC. ENTER. L TO COM) TO: CG ~ SCALE: 1" - 100'-0. HOMESTEAD ROAD I- I (Xl 9 o o (J) !D I~ 49.00 , 145.85 I[ - , 162.00 .... 60.QG I~ - 49.00 01 o z 00 -i m r- C Z G') ~ o )> c I~ 01 10 o ---326.~-052 -1 0.74 AC. NET g 10 1 Qj.63 -~ o I L_ 275,27 I Ip 19 .171.00 326-09-061 1.12 AC. NET 200.0Q. .... I~ ..... o 2f.-fl{ DRAFT Exhibit B Property Legal Description for Rezoning File No, Z-2006-06 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 =t 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. 2-f~(j CITY OF CUPERTINO RECOMMENDATION 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. Steve iasecki Director of Community Development g/ercjREC EA-2006-20 Lf - ( & City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 CUPEI\TINO FAX (408) 777-3333 Community Development Department ~~~)~Yr~;~!~f~~ji~~~!~i!~~~~[fg~~1f,~t~M1~j?~:~J~~t~~:~~~~~~Jj2~lfJE~g~~~s:,~~c"j~2~;~";~ Staff Use Only EA File No. Ftt-'2.DOb<-2 Case File No. 2- 2DO~- ttachments PROJECT DESCRIPTION: f+ve. Environmental Setting: :\- \ - J ~<:\-::lba~~1''j) C~;~t~~m€.!:CA. '''~r:~1 r QA~ '^ PROJECT DESCRIPTION: " '2.. . q tOSS llCS, t., "L '2 (' Site Area (ac.) - ~ Building Coverage - ..) ~o Exis!. Building +>~/~J. P~oposE(~ I Bldg. - N I A sJ. Zone - ~, 0. \'NW.P. DesIgnation - CC:1'"t'r\/V\E'.,cq( ~-esI~^;;:r'1cI..." Assessor'~ Parcel No, - ~2.6- 09 -Jl.S?_) .5210-- D1- 0 b ~ If Residential, Units/Gross Acre - 1\\ I A Total# Rental/Own Bdrms Total s.f. 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 - 1<'6, '7 '2. 7 sJ. Employees/Shift - _Parking Require'd \ 1 11,;("1 e..1; - Project Site is Within Cupertino Urban Service Area - FAR - 1-S~ Max. Parking Provided ...:l/A YES )'J: NO 0 zr ~(7 , ,.,.;; ,,:'~. ',:: C';"~ ~_.. .:~!._ INrtIAL,STUDY:SOURC'e, LIST ii' ;,:. ",';':'"i...:f;''-,,;:'':::< :'. . '_;..>;,,/:;..;',':_1~;.~... '. ~.." ,,:;. ,:; {;;,;~ c',:_ .:'. ,: i'';J;' ,-,:::::'. ., :..~Y 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. CALTRANS 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) 2) -{ J EVALUATION OF ENVIRONMENTAL IMPACTS: 0 1 >-..... c1: c:;; c..... I -c c I -CIS..... CIS CIS 0 CIS CIS CIS"'" ..... ,! 0 0 J: 0 J: ,- I- J:OO 0 ISSUES: ..... ,- CIS ~.-.....1Go ~ ,- CIS o CIS I c ~ g III ~ .~ en c. III ~ C. Z C. ' [and Supporting Information Sources] Q) c E III C .- I- III C E E I '0 ,!2l- Q) en :!:: 0 Q) .!2l- ...J ,- :2: 0 -I a..VJ VJ C ...JVJ - I I. AESTHETICS -- Would the project: I a) Have a substantial adverse effect on a 0 0 0 I '~ l ! scenic vista? [5,9,24,41,44] ! , i b) Substantially damage scenic resources, 0 0 0 ~ including, but not limited to, trees, rock outcrop pings, and historic buildings within a state scenic highway? [5,9,11,24,34,41,44] c) Substantially degrade the existing visual 0 0 0 ..~ 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 nighttime views in the area? [1,16,44] II, AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique 0 0 0 )a 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 }(t agricultural use, or a Williamson Act contract? [5,7,23] c) Involve other changes in the existing 0 0 0 ~ environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? [5,7,39] ! 25 -/7 >.- 0 c- _ c c ~ c ;; c -ns- ns ns 0 ns nsns- - ,~ (,) (,) .r:. (,) .- I- .r:.(,)(,) (,) ISSUES: - ,- ~ I- ._ ~ ~ 0 I- ,- ns o ns c~ VI ~ '3: C'l Q. VI ~ Q. zQ. [and Supporting Information Sources] Q) C E VI C ,- I- VI C E E o.~- Q) C'l :!: 0 Q) ,~- ...J ,- :l': (,) - D..u) U) C ...JU) - III. AIR QUALITY - Where available, the i I significance criteria established by the I applicable air quality management or air I pollution control district may be relied upon I I to make the following determinations. Would the project: i f------ -T---------+----~ a) Conflict with or obstruct implementation of 0 0 0 ]( i the applicable air quality plan? [5,37,42,44] I b) Violate any air quality standard or 0 0 0 D\ contribute substantially to an existing or projected air quality violation? [5,37,42,44] c) Result in a cumulatively considerable net 0 0 0 .~ increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? [4,37,44] d) Expose sensitive receptors to substantial 0 0 0 Xi.. pollutant concentrations? [4,37,44] , e) Create objectionable odors affecting a 0 0 0 .fi(l substantial number of people? [4,37,44] IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either 0 0 0 ;Kt directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [5,10,27,44] I b) Have a substantial adverse effect on any 0 0 0 E( i riparian habitat or other sensitive natural I community identified in local or regional ! plans, policies, regulations or by the ! California Department of Fish and Game or i US Fish and Wildlife Service? [5,10,27,44] ! I c) Have a substantial adverse effect on 0 0 0 )i1 i I ! federally protected wetlands as defined by i I ! Section 404 of the Clean Water Act I I (inclu~_ng, but not limited to, marsh, vernal i ---1 V~:LD ----, I >-- c _ 0 c- I _ c c c.. C I -cu- cu CU 0 CU CUCU- - i ,~ (.) (.) J:. (.) J:. .- s... J:.(.)(.) (.) I ISSUES: 'E!E~ I- ,- _ 1U 0 I- .- CU o CU i II) ~ '3: 0') Q. II) ~ Q. zQ. I [and Supporting Information Sources] Q) C E II) C ,- s... II) C E E I 15 .g>>- Q) 0') :t:: 0 Q) .g>>- ...J .- ~ (.) - i D..(/) (/) C ...J(/) I - pool, coastal, etc.) through direct removal, 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 i i resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? [5,10,12,21,26] e) Conflict with any local policies or 0 0 0 ~ ordinances protecting biological resources, such as a tree preservation policy or ordinance? [11,12,41] f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 0 0 0 ~ Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [5,10,26,27] V, CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in 0 0 0 y;( the significance of a historical resource as defined in ~15064.5? [5,13,41] b) Cause a substantial adverse change in 0 0 0 y( the significance of an archaeological resource pursuant to ~ 15064,5? [5,13,41] c) Directly or indirectly destroy a unique 0 0 0 g , paleontological resource or site or unique geologic feature? [5,13,41] d) Disturb any human remains, including 0 0 0 j8: those interred outside of formal cemeteries? [1,5] VI. GEOLOGY AND SOilS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as 0 0 0 ,Kl delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the 2)"- L l -- >-- c..... 0 c- _ c c c ~ c -CIS.... CIS CIS 0 CIS CIS CIS- - ,~ (.) (.) .c (.) ,- I- .c(.)(.) (.) ISSUES: -,- ~ I- .- :5 1a 0 I- ,- CIS o CIS c:= I/) := 'i C) Q, I/) := Q, zQ, [and Supporting Information Sources] Q) C E I/) C ,- l- I/) C E E '0,2>- Q)C) ~o Q) .2>- -I ,- :!: (.) D..t/) t/) C -It/) - State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. [2,14,44] j i ii) Strong seismic ground shaking? 0 0 0 ~ : [2,5,10,44] I i I iii) Seismic-related ground failure, including 0 0 0 ~ ! liquefaction? [2,5,10,39,44] i ; i iv) Landslides? [2,5,10,39,44] 0 0 0 Y{ i I i i b) Result in substantial soil erosion or the 0 0 0 ~ loss of topsoil? [2,5,10,44] c) Be located on a geologic unit or soil that is 0 0 0 ;)(t 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 A. 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] c) Emit hazardous emissions or handle 0 0 0 ]it hazardous or acutely hazardous materials, substances, or waste within one-quarter mile '2j,22- --~- ! >>- 0 c- ! _ c c 1: c :;:; c -cu- cu CU 0 CU CUCU- - i .~ 0 0 .c 0 .c .- ~ .cOO 0 i ISSUES: -,- a I- .- _ 1U 0 1-'- cu o cu c~ III ~ .~ C) C. III ~ C. zc. I [and Supporting Information Sources] Q) C E III C .- ~ III C E E o,~- Q)C) :t:::O Q) ,~- Q.fJ) ..J .- :2: 0 ..JfJ) I fJ) C I - I of an existing or proposed school? i I [2,29,30,40,44] I I I d) Be located on a site which is included on a 0 0 0 rgf list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a I I , significant hazard to the public or the environment? [2,42,40,43] e) For a project located within an airport land 0 0 0 ~ use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? [ ] f) For a project within the vicinity of a private 0 0 0 - 1( airstrip, would the project result in a safety hazard for people residing or working in the project area? [ ] g) Impair implementation of or physically 0 I 0 0 r:( interfere with an adopted emergency response plan or emergency evacuation plan? [2,32,33,44] h) Expose people or structures to a 0 0 0 R significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?[1,2,44] VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or 0 0 0 )( waste discharge requirements? [20,36,37] b) Substantially deplete groundwater 0 0 0 0&1. 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] 2)"'- 2J ------ ; i >-- 0 r:::- ; _r::: r::: 1: r::: ;; r::: I -I'll- I'll I'll 0 I'll I'll I'll- - .~ U u .r::: U.r::: ,- .... .r:::UU U ! ISSUES: -.- a I- ,- _ 10 0 1-'- I'll o I'll r::::= III := 'i C'l c. III := c. zc. I Q) r::: E i [and Supporting Information Sources] III r::: ,_.... III r::: E E '0.2>- Q)C'l ~o Q) ,2>- - I Q.en ...J ,- :2E U ...Jen en r::: I - I c) Substantially alter the existing drainage 0 0 0 R I I pattern of the site or area, including through I the alteration of the course of a stream or I I river, in a manner which would result in I I I substantial erosion of siltation on- or off-site? I ! ! [14, 20,36] i I ~ I I I I d) Substantially alter the existing drainage 0 0 0 19-. I I I pattern of the site or area, including through I 1 the alteration of the course of a stream or I river, or substantially increase the rate or i I i I amount of surface runoff in a manner which I I would result in flooding on- or off-site i I ! [20,36,38] i ; ; e) Create or contribute runoff water which 0 0 0 a would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? [20,36,42] f) Otherwise substantially degrade water 0 0 0 ~ quality? [20,36,37] g) Place housing within a 1 DO-year flood 0 0 0 ft hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? [2,38] h) Place within a 1 DO-year flood hazard area 0 0 0 .~ structures which would impede or redirect flood flows? [2,38] i) Expose people or structures to a significant 0 0 0 ~ risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? [2,36,38] j) Inundation by seiche, tsunami, or 0 0 0 ~ mudflow? [2,36,38] IX, LAND USE AND PLANNING - Would the project: a) Physically divide an established 0 0 0 fl( community? [7,12,22.41] b) Conflict with any applicable land use plan, ~ i 0 0 0 i ; policy, or regulation of an ager:!.cy with I _----.---i 2) -- 2--~ -.. ; >-- 0 C- _C Cc C:;i C ; -ns- ns ns 0 ns nsns- - I ISSUES: .~ u u .c u ,-.... .cuU u -.- ~ 1-=;1UO I- ,- ns o ns c~ IIl'- '3: C')Q. III ~ Q. zQ. I [and Supporting Information Sources] Q) C E III C ,_.... III C E E c).2' - C1l C') :!:: 0 C1l ,2'- ..I ,- 2 u i a..m m C ..1m - i \ jurisdiction over the project (including, but I I not limited to the general plan, specific plan, I i local coastal program, or zoning ordinance) I i adopted for the purpose of avoiding or I i i mitigating an environmental effect? i ! 1[1,7,8,16,17,18,44] ; ;.--_.._------------_._-----_._-----~-:- -----"""'1-.~---.------------ ------------ ------j---------i i c) Conflict with any applicable habitat D D D ~ i i conservation plan or natural community I I conservation plan? [1,5,6,9,26] I X, MINERAL RESOURCES -- Would the i project: a) Result in the loss of availability of a known D D D liZ1 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 D D D .El 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: i 1 i a) Exposure of persons to, or generation of, D D D ~ 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 D D D J(( ! ! excessive ground borne vibration or ; ; i groundborne noise levels? [8,18,44] i i c) A substantial permanent increase in D D D ,Kl 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 D D D ~ use plan or, where such a plan has not been adopted, within two miles of a public airport or publiC use airport, would the project expose people residing or w~:>rking in the -- ---- ..- -- 21 ~ 2-) ---, c _ 0 I >a- c- I -c C C :;:; c i -ns- ns ns 0 ns nsns- - i ,!:!! 0 0 .r::: 0 ,-... .r:::oo 0 i ISSUES: -tt:a 1-.-~1U 0 I- ,- ns o ns i c ,_ III ~'~ Ij) c.. III ~ c.. zc.. [and Supporting Information Sources] Q) C E III C ,_... III C E E I cL~- Q)1j) ~o Q) ,~- I -I ,- ~ 0 - D.tn tn C -Itn - project area to excessive noise levels? [8.18,44] f) For a project within the vicinity of a private 0 0 0 ~ I airstrip, would the project expose people I residing or working in the project area to I excessive noise levels? [8.18] I I ! i i i --i XII. POPULATION AND HOUSING -- Would I the project: ! i I a) Induce substantial population growth in an 0 0 0 iJ. area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? [3,16,47,44] b) Displace substantial numbers of existing D 0 0 ~ housing, necessitating the construction of replacement housing elsewhere? [3.16,44] c) Displace substantial numbers of people, D 0 0 >\ necessitating the construction of replacement housing elsewhere? [3,16,44] XIII, PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [19,32,44] 0 0 0 ]a,. I Police protection? [33,44] D 0 0 ~ I I Schools? [29,30,44] D 0 D ~ I i Parks? [5,17,19,21.26,27,44] D 0 0 ~ i I ! , Other public facilities? [19,20,44] 0 0 0 R i i I XIV, RECREATION -- i ; i I a) Would the project increase the use of D 0 o L~ existing n~ighborhood and regional parks or __,__ I 2-) ~ 210 >>- 0 C1:; - C Cc C:ij -n:s- n:s n:s 0 n:s n:sn:s- - ,!!! to) to) .c:: to) .c:: .- &.. .c:: to) to) to) ISSUES: -.- ! I- .- _ 1U 0 I- ,- n:s o n:s c:!:: III :!:: .- C) Q. Ill:!:: Q. zQ. [and Supporting Information Sources] Q) C E III C ~,- &.. III C E E '0 ,!2l- Q)C) ~o Q) ,!2l- - ..J ,- :2: to) a..fJ) fJ) C ..JfJ) - other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? [5,17,19,21,26,27,44] b) Does the project include recreational 0 D 0 ~ facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? [5,44] XV. TRANSPORTATIONITRAFFIC -- Would the project: a) Cause an increase in traffic which is 0 D 0 ~ substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? [4,20,35,44] b) Exceed, either individually or cumulatively, 0 D D ~ 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, D D 0 ~ including either an increase in traffic levels or a change in location that results in substantial safety risks? [4,?] d) Substantially increase hazards due to a 0 0 0 ~ design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? [20,35,44] e) Result in inadequate emergency access? 0 0 0 g( [2,19,32,33,44] f) Result in inadequate parking capacity? 0 0 ;t{ Pi [17,44] g) Conflict with adopted policies, plans, or 0 0 0 I( programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? [4,34] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: 2r~2( >..... 0 1:- _I: I: 1: I: :0:; I: -ns- nsns ons nsns- - ,~ (.) (.) .s:: (.) .s:: ,- .... .s::(.)(.) (.) ISSUES: -.- ~ I- ,- _ 1\; 0 1-,- ns o ns I:~ III ~ ,- C) 0- III ~ 0- ZO- [and Supporting Information Sources] Q) I: E III I: ;:,_.... III I: E E o,~- Q)C) :::0 Q) ,~- ~ ,- 2 (.) - o..tn tn I: ~tn - a) Exceed wastewater treatment 0 0 0 ~ requirements of the applicable Regional I Water Quality Control Board? [5,22,28,36,44] 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 I 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 ~ 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 ~ permitted capacity to accommodate the project's solid waste disposal needs? [?] g) Comply with federal, state, and local 0 0 0 J\ statutes and regulations related to solid waste? [?] LJ -- 2..J f~-----'--"-----'---'-------'--------'------~-------'--------...-..-~----------.-------.l I XVII MANDATORY FINDINGS 'OF SIGNIFICANCE I (To be completed by City Staff) I a) Does the project have the potential to 0 0 0 ~I degrade the quality of the environment, I 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 I animal or eliminate important examples of the major periods of California history or prehistory? 0 b) Does the project have impacts that are 0 0 0 Et individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 0 c) Does the project have environmental 0 0 0 1il effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 PREPARER'S AFFIDAVIT 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 ~~-- CoI- .~ ) 1) ,j Uet Print Preparer's Name 2)..-2~ ENVIRONMENTAL EVALUATION (To be Completed by City Staff) 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. D Aesthetics D Agriculture Resources D Air Quality D Biological Resources D Cultural Resources D Geology /Soils D Hazards & Hazardous 0 Hydrology / Water 0 land Use I Planning Materials Quality D Mineral Resources D Noise D Population / Housing D Public Services D Recreation 'J( Transportation/Traffic D Utilities / Service D Mandatory Findings of Systems Significance DETERMINATION: On the basis of this initial evaluation the Environmental Review Committee (ERC) finds that: Jil The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D 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. D The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D 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. D 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. 1'2/nl'00 Date I ( 2//, ~ 1 of; Date 1 r ~ 7lJ 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. 2-f - J I Exhibit A - .1 T-< F:rRT'lF:f5 !J '-,' 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 SirlMadam: 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 CO (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 tha..'1 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, ~- Eric Huang, Owner '&)- J2- ~. -.. '. '~".,. f'} . , . "",~,'i~,.i;":~.;,.,:':;.::~.~.,..1.;,'."::.,m;:,:':':..:,~'.f:~,~...:.:.'~,;'~.,.)..';.r,i,:.,'~".'.:.::..':......:.~_.,..-.,.."'..:',:.'.:.',~,-.,.:.',:.,~,.f,...~,::1.','.~,.~,~.:.,~;~J::.~~~"~,~,,...~.{,','.'.C~..:~,'..~'~..,'.,~!,,':::..:'~.,.;,~...:..':.:.':;....:.,:.,:i:...".~":':~..'.:...,',."".,.:,,,'...:....;~.,.,'~...'..":'_,':,'...:,:.~.:..'::",;~I:;':':'.:".,::".;'.,~..'),.,.,:;.,:':.': ;','.," t.~~. <' '. :;,... ,'_".' l - >:- '~ .. -. ~ ',<,1<;'" ,:!I~" \ ~.? <" Ilr~P1J;~;~},;;,: .. .'.... ....,.; .,.... ?;,.;;)~:k:~~)""~' ......; .. .. " ~<\;",,',",- . ,-,.','", ,',:,... , ., . ,', eft 'Of (:~ HfMO' "',' . . Exhibit 8-1.. -,-:';' ., ;.~~ :.,;,\ :~;;:;,<~:;:::f!d'6;1f~ ,j, ',...\,'..';::y.::.':.;;)E;~J:/ ". :;....;;::f '. :j~;~;:~;,;~~~>.:;~{ ',-.:1' : <~<'. >.::..... .,~:.. "\. '.: ~ : .~. ~}<-"- ---: -....\; .::' \t". _. . ..,.,.,.., ,,':, .."....>...r:" .,-. ";. ;':s!k;";;',,;.,.,, '. i~::~\':'~':;,'~ :'~ . 1~1})~:;"~:;, '~',.:'/}:'~~.;\\:'~~.'- . ~11"~: '0, .~\ '_ .... ." ......rr:~;:~;:i!H:tt~~~. " .~ " .-, .' "9'5i~6 " ;': . . ,'.. . ..... .... . ~l , """" "' ,'",., ',. ". ~ , 'f,:~':':.,,~:t.(':;1;.';:'l~;iJ;~~ '..'>'. '. I, . . '- . ":".'~ : '.' . .. 'dty':q~{m. . '~.i.::f.~~C*Ib~:-,'.;,".:;;~:r't~:;:': ';';"<<;,,:::':~!.::\:i:>'" .-.1_'" ". ,. .-:" '!:!;.~::~:'::'.. "::!/<>'''~_d ".' "," .r....- . ..' '.~',~ :" ',.~ .:~, "'" .- <~:.~ "': ~::. '"....,:-.. ".:,:" J' :'_,~.~:~i~- ~:.-' ii~~;, . ~."~ ',' , ',- :-,. . L'. , ',' '.' - -.-.; ,~~~ '..' 'J~\ ~;. ':'"1 ,. 'f.", ::;- . 'i."_'~ .., h~. ".."'~ _ i'"r.'" ~~\ ._-::....,. /", ":l- . ; . "" ~. ~.' ',' . :,. , .:'.\ ~'"-..' ~ ",:,' . bee~e~~~.~n~{;: :<":.~;;1 ":-:;.".<:r"'- -.. ~,. ' .,-......, ,~ , - :"hj:'>:: . -,~~. ",-:; -: , . '"J ' ~_. - '~~>~': ~ . .:' j '~.," . ,; '~"_ I. ',.. :' ;:- :.;~.:-, . ,: ~ ',' ... . . .,' ;.' ., - ~ . . ,- "~~id;"~,~~Z~~-': DOR6;~Y CO~ELIUS . '. . ~ GITYCLE~l< , t.- . -~, ' . DC:Gs . encl.. ." ~ '. / . cc: '. Dept;,. of Planning and pevelojJrnent V -.,.-.';:::.;' . ;;" '"..T'.::A.. ;i ,...'._.':t ;:,." .~.._,.. '-1 .' '". . .... .: .'. '. .." .... '. __~ _:-'____"":'"___~-:-~- ---~""':'-~~i"-----.-.-.~~--------....---'!--~ ___.____...__~----,-=---~.-a--_:_-~.... ------- . PASSED N~D ADOPTED this 13th day of AU6U~t, 1979, at' a regu~ar meeting of the Planning Commission of the City bE Cupertino J State of California by the following rdl.lcallvote: AYES: ;-:AYS: ABSTA IN : l\BSENT: Commissioners Blaine; Koenitzer, Chairman Gatto None None Cornmissi.oners Adams, Claudy APPROVED: ATTEST: , . ~-,-.p""''''~ Steve ~iaseck~' . Ass:ociat:e Planti"" Is/ :Toh>Lli..Gi1.rrn John H. Ga t to Planning Comnission '25'- 3L[ .(.~ .I,_~. ,(,. , ,tt ..'. .~~ - ~. '. ". <0; . '., :. ; .' -: :-,; '. ~ . 'u". ~(.' . ,:~ ~:~: \,( ,", ' ,~. _"'_..~. _~. - I,' ;;,. .r" ~, '~:'; . :' :<~-.., ~~~~;'{:_}?>:~:::~~~;\'~~~:~~;::~~:~;~:'~.:::~f':~~/' ~ ~ r~: ~'~ f~ :.~ ..... - - ," .' ,-' ." .-"'1' ,:." , ; .1' , ..,' ." .,' ~ . .~ . .~. ,.' . .". ., . ,,"," ..j..... ArtPeaJ.e:r:s, . . 'HcSbby.~?~'iT~J~l:ores~: . ~' ~. '" " ~- . Lc;e:: Craam and r.i.iidreclP-roduc;ts . - , '. Ard~}: ~u~plie~ . Mu:;; ic.a1:and Ins t""Utn~n t' 'Sem;es-" .J~- . .,. '"" ". . . ,'. - AJ:~..7a~e Stores ,. .Pee"Shops ,/ , ,Flikeries . . Phoriogt'aph. an.d Ra~ot'ds , Photography Studios/, , , BicYcle ~1~Or~g ,.B6atst;.B9<~ti~g Supplies andMlito~3 (;t;ndbors only) / Sport GQods Stores nooks t'or~i S t:amps / Canmra,. and. Photography Shops! canciyS i:01:~~S :.cQin. 9\?era:~-ed Ainusenents C6in',:ShQP~ Del.iC:::1r: e~~,eri's and, 'Seal th FoodS eot'~s .' , ,.n'ot'1,sr. ,~~c;i~s Fram,~Shops - ,- . , . 'j,' " '(J~~,L;~~~I.:-t, ' ,'- (, , 'I ' . IJ' '2.~ 1 ? '8,/~~~~" ~/~/7 ? 'I '-I; ir-]) DEr^R fMLNT OF Am1iNI<;l 1<1\ TIV( !,(IWICr:S : ,"< , . i.;:;'~~~~j; '.I~{..:L:., .' . C~~ .(.cY""r':;'~ ...~ . "~:~ , " , ..,.:i~f}~;\i;'i;:~ ,<c, 'c' ".. " ,;.:~.Xl 103()(J ,. orre ^",enlJe CAI\'(\rllno. California 9501.\ Tekphu"" (40.'\) 252-4505 Septem\Wl" l.l, 1 (l7 7 St.:'\,.C'ref't. Inv~st('\r!;~ Tt~'tc:. f'c'i'" l' ~ : ':.~" ( : t.: ' ' P. n. fio': 6()88 95150 "",";i:\:--:,;,i,;:&:,},\:;"~,,, . ';.: Sn n J 0 5", en \if or~::::~#.;:;;d)/ttiij;ii;ff;, ,~~~It; ': ~ *~,:! .:: COltRECTlON TO cr:rx'.cOlnlCtL AvTIONS,'~,;~"',.,I.'F,';',:,"'; ~,;,::,.' ":'<~~-:";" '. ':.. , '," i:{:J~:~~t:; :i;~;h~\lfiA~\ri~~i~~~:':~::~~;t:~,;~:,j7<(~':':: :LIi:, :,::,~.' " .' "It has been brour,ht',:t'o~tny':atteht,iot},;that:,:,an:Yerr'6r:. w-as":ma1~' in my :Let tcI' of S(\ltenlh~'~':,\;9 \',I~7;7'.'t9~f.irinfct'gTt1ie(i~;crions:/6tJtlle SHy Co",ncil on Y(Hii 'K;'pl;ita'tfonlt3'4Z-'::'77;':::(i~lii1:;y6u~pl~se: .' con s id e~,. ,t 1 ,i~ .' n5,~,:~?:,:"~~~~;8~;;~Eo~2~3;~~~~~~:~!~~~tz~~:~,'~:~,.,';.:ii""tf,;ti:;c?r:';c:',.,:: ',:~: ,..., Your. Appl i cation':13';;.'4;.:'n:'';as'::,appi6v,~'d:i.;}iur~\i'aftt~/t:o'::J>'la:n~ll'ig' ;:Com~',,:;>:,,,!: ': m i 5 5 i On Res 0 it! t i6rl.",N~.:1~~t19,::':~i~h W~:~~?J;;6,~<~>1!.~~~~~g~;d'~j,~'~e,~ If,;':'~'<~J{}) Li{~::;c:.' Exhibit B,lst Rcvlsic;>j1',~as~',appr.:oVed;,;a:(t~i'~th:av'~ng\te~rtra~~rtde-d ~tCr:(,:~;':;);~', 1. im ita c t i.v it i e s'J.'&:i,~,~~ng 'to::;boii~,~';:~'V:dat'fK~::s'~~'ptle~r~~d~}rio:t,o#~N :if:,~,~>,;:;/ : for. indoor' sales"i'only'r~"Alrdthcr'::incid~ntal~:'comr.iercial~~useEi~:li6t:ed':~-\';'.. . on t ha t F.xhi bit ,~,: :,S;~(,.:j~Vi s 1;~~ ,:w~re '::'~~,~J:~;~~ ~;.;!:,' :' .,'::":t~jg;th~;;;~~i'ih:W':;;;~~}~1~",',~ij"',' ;: " P.'.case accept my,apolop,v And! Ilm,soT.'rY':'fot'~ any' inconvenience. this;," n1.'lY h!1VE' calls!",:l,. ,. . . , . ,',:'., ',:,: .,'-.:;;. "', .,. , '," . ".' , "i . "i,(' .' ,t-., ' "1" (; ":-; ~, ,yDER~ nlRECTOR I\D!>lI/IlT, 'TRATl VE SERVTCr,S " ~ : ..' fl'. ..,I :/,' CR ('(' : {1c'pt. of Plann1ng .1nd npvelop:nfmt'/'.' ~lr. l-1il1 i<~m N('lc)'C'.o ~/n Norris R0gRA and ~JmpRon ()7 '; Nl)rlh rll'nt St,N't S;1l1 ,] O!'lf'. <:.11 if. Clark [, Glennon 110 N, Jrd Street Sfln J0ge, Cnlif. 95112 ^tt~: Hr, Mark Pierce f-' ,.i..' ," >. :",':1\;-' ..' '..".~~~ii~~i~.4;'il~~W~~,~J",~j,,!~;~i:,;~+;,~ 13-Z-77 RESC1.UTlO~ NO. 1719 ." . ' , ",", , OF 11iE PLANNl~G (~aHH1S,SION:OF ,tl.I' ;:rot CUPERTINO RECOMXF..NDI~G REZONING, APPROX.:r.xAT, ,.'~ii~\:;~'];,Ii.CRtS FRO~t p n'LANNED DEVELOP:-1F.NT WITR.RECR'\, NA1.fEN'I'ER1'At~,,}fENT AND RELATED COMMERCIAL l.Ntt.'n)')'(lrl.Wrm:o DtVEI..OPMENT WInt RECREAttONALI L'lTERIA1~\"; ", t'E)}; ,"CQMMERCIAL . ::~ ,..... '.' 's~..erfff~!l~['Jt;,.. "";:~~~;.::.~:"'. ........... ." .A.DDRtSS:,,: P. .0. .'Box':6088'"r:s'a" if'ortii~",951S0 stia.'Ut'rED: ",:'Ju:ne 16~>,f9i'1..~!;~!!,S;k:j:,)J(,:::';>,:~~.'.u'~r';:'" ' . . 1.bCA'ttON: ' So\.ttbeastqu'a:d~iu~t:~ . ',r,i~t'~i~~:~t'idn<of ..Stelling Roac and Homestead -- -"~----------~:2~"':;~S0:~~;f;~;~~~~~~2'~":~::~"3::_~:"__________ ____ CO~Dl!WNS, . ",~~~':i~;:A~~.~~t,~~~:.<:::,..~;~:. .' .." c. 1.-14. St<mdard Ccmditlons' to the.{:MtI:ent::~ithat:,~'tlle};''do :not,:.'~o.tiflict, ~th the e spec:.ialc'inditioris"~nU'~~t'aee-dI~n~f.?iIi':" n~'th'e'~eilt~?a';d)nf11ct does er.i st. the spee~a~J"lldift!r~~ti"'~"~'aibli".u.6.il'PPlY.' ~~ . . , \ ~l)'oW'l'ing 'A.l:;re;Y;~o,~.'$kiit:r " ink,;!,' '>-',jj::: "",, ',,' :.. \ ';"'\'\'~' ,;,; . . ., "':';;'1'" ;''''p 'r'iJt" ,~ '~'If."""j~" ..;,,;": '';s'\" ,i"." :, ? .:'\:~i,~:', ;,,::: \ -::',<, "," ,', ,',' , ,. " : I..U n v e .'" eu .~l.,s.....e,~., .,> " ,,I""',, <,' " :,' , ."."', " Re~lih'..Spa~>,)::;,~.:,,':; r~:"i,,:: :l;I:,o)1J.t,:: I';;f'::,;,:;';'~':, '::\"<:~' ",":' ',' 'j,'." ,,., ' L ,Speda1i"ed:'Sdnoo1~':'(Su'd1., as ':<.!ance schools'~ ka'ra'te '5"c'11o'01s ,s'..tim schools) Swimming :Acade...nies: " ., <~'.;. -,:' , ". Tennis Covrts-; lIancib,,:il;/:'Sqtia:~h:: C:;ur'ts': (i~do~~r);~',';::, '" Si't-do'Wn :~e's'ta:t1oraht~';':"; 1/';,,:,::,:,;".. ''', > ' " lriddental:C<)lnmerciai' us~~'~:,~;i,listed iri Exhibit, B..ls(Revision . .,:':'..<....;:.". ".:~,';: ,?:L;::~.!~;.:::,;;,::~'>~ 'i:<";:~};' ',~:';':~ 1';'~Y;i;.,~i;.;'" ,,' , '. "'; B....;,:~'4t~~se4:..:w~le'tt-:-i~tt~~*.::~L~le'k~'i1it:;t~~.on.-a+e::.:. ., . (' t.:~d by Council,' oo-n&.:i,.g.~t-:...;..4'~l\~~~.e-~~-of.~~~-Hnec!_1!l~~"81:'e- ').-f-77~~~~Hh~~fl~~~~~~h~f'h.,oe't: -~~ ~Q5JkL 'i(I"?/l'l -' !R.Q.. \1.z--('f ae-0 , ~d.rd.~ ..; I Ii 1 ! . ,. ~,. .'1',' - J.. 7, .i,', Evcrypropost!duse;o'r changa'~n:~~e sh~l1 requ!re at11ndividua1 use permir 'a:1"plic~"t1orl'~' '. ,',I" 18, Thatth~ location," configurad.on and 'siteso( Buildings A-D are approved in concept:. A morespecHic' plan shall be evaluated 1.n conjunction with individud use permit applictlt:iOr'l,s, ' ," . :',. " . ,1, .. ,~'; ;:',_\, ,>: .~,' ": . (..------...........'~ ~..'. ,'.' ' . The use permit ~ ra-rtted1)ndf.'1:::ApP1:1.catf(),:,\"9,":U_ 77 )(Pl.Brtrd.ngCoir.mission Res 0 lotion No. 1695) fo t' t"\(~'c.CnstrtJc:tiorr-'O-.tJ.r:' 600 sq.' ft. of building are.:!. shall remain' ;i,n full.' i:)rce, arid effect under the 9ubj~(:t%onlng change. 19. ------- - --------- ----~-~----~~:~:%~~~~;i:~~~~i;~;~~fi~~~~~~;~~:----n---- Resolution ~o, 1719 (continued) i:'A~;SED AXD ADOPTEJ thi!' 8th dav of August. 1977, at a re~ular meeting of the Plannin~ Co~~ission of 'roe City of Cupertino, State of California, by the following ~oll call vote: .\YES: NAYS: t\BSTAIN: ABSF~T : Commissioners Adams, Blaine, Chairman Kc'enitzer None Nene Commis~ioners Gatto, Markkula APPROVED: -. /s/ R. D, Koenitzer R, D, Koenitzer. Chairman Planning Commissi,on ATTEST: \Lu-~~ Robert Co.....an Assistant Planning Director e I I , , '~)-J! l-~e~~~;~'I~"',.;I~..~\!w;ii;.,iij~;r~.,.,~",_ . ......,;.. .:... . ......:..., . <;.., ,I. . ~' - ','J.:: i:' ~ >.:~... ,,_:' _'.'.. :', .. ",:".' ~ .:~ ';'" (.\..( .'...... 1:... .' i ,_ "1';,,,,\, "",',~r~ '. -3~ ~ -N- ~ 0 50 100 200 LJ I I I SCALE: 1"=100' o <r: o (}: C) Z ~ ~ w r- (f) ZONING PLAT MAP REZONE FROM PLANNED DEVELOPMENT (RECREATION, ENTERT AINMENT J LIMITED COMMERCIAl) TO CG - GENERAL COMMERCIAL HOMESTEAD ROAD \ -I-~-~-~- wi N 89'47'00" E 275.27' -- -- -I>- (]l o o. -I>- ~ o o. : I ~\ 01 Z\ Z co ~ ~ 0 PARCEL 4 ~'I C!. 252 PM 24 ~ ~I N B~7'OO~~ 145.85' PARCEL 1 252 PM 24 326-09-052 0.74 AC. -'- -I>- ~ 8.1 IZ o -'- tN. ~ 49.00' i:o co rri ll) 49.00 1 w \ : N "" 1 0 0 I Z tN: ::E N 89.46'47" E l 162.00'----, ( N 0.13'13" W ~l~ 21.50' gl\~ N 89'46'47" E I; L--- N 89.46'47" E 200.00' ~I ~I PARCEL 2 348 PM 51 326-09-061 1.12 AC. 60.04' P.O.B. LEGEND - - - - REZONING BOUNDARY PROPERTY LINE - - ~ - - CENTERLINE DATE: 01 /04/07 SCALE: AS NOTED BY: RW SHEET 2 OF 2 RW ENGINEERING EXHIBIT" A" PLAT TO ACCOMPANY LEGAL DESCRIPTION: REZONING t,)--3CJ RW 505 AL TMONT DRIVE Milpitas, CA 95035 (408) 262-1899 FAX (408) 942-0898 EXHIB IT "B" LEGAL DESCRIPTION FOR REZONING All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the southeasterly comer of Parcel 2, as shown upon that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on November 19, 1974, in Book 348 of Maps, at Page 51, Santa Clara County Records; thence North 0013'13" West 306.70 feet to the northeasterly comer of Parcel 1, as shown upon that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County Records, said point also lying in the Southerly line of Homestead Road; thence running Northerly and perpendicular to said Southerly line of Homestead Road 45 feet to the centerline of Homestead Road; thence along said centerline of Homestead Road South 89047' West 275.27 feet; thence running southerly and perpendicular to said centerline 45 feet to the Northwesterly comer of said Parcell, said point also lying in the Southerly line of Homestead Road; thence South 0002'21"West 149.85 feet to the Southeasterly comer ofParce14, as shown upon that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 23, 1969, in Book 252 of Maps, at Page 24, Santa Clara County Records; thence South 89047' West 145.85 feet to the Southwesterly comer of said Parce14; said point also lying in the Easterly line of Stelling Road; thence running westerly and perpendicular to said Easterly line of Stelling Road 45 feet to the centerline of Stelling Road; thence along said centerline of Stelling Road South 0002'21" West 53.88 feet; thence running easterly and perpendicular to said centerline 45 feet to the Easterly line of Stelling Road; thence North 89046'47" East 60.04 feet; thence North 0013'13" West 21.50 feet; thence North 89046'47" East 162.00 feet; thence South 0013'13" East 124.50 feet; thence North 89046'47" East 200.00 feet to the point of beginning, The above described parcel of land contains 96,171 square feet or 2.21 acres of land, more or less. Description prepared on January 5,2007 END OF DESCRIPTION 10f2 Zj--l.-! 0 .