102-1 - Z-2014-01 Draft Resolution.pdf
Z-2014-01
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL
OF THE REZONING OF A .87 GROSS ACRE PARCEL FROM P(CG) – PLANNED DEVELOPMENT
GENERAL COMMERCIAL TO P(CG, RES) – PLANNED DEVELOPMENT GENERAL COMMERCIAL
AND RESIDENTIAL, LOCATED AT 10121 N. FOOTHILL BLVD
SECTION I: PROJECT DESCRIPTION
Application No.: Z-2014-01
Applicant: Tate Development
Property Owner: Foothill Auto Service & Detail, Inc.
Location: 10121 N. Foothill Boulevard (APN 342-32-070)
SECTION II: FINDINGS FOR A REZONING:
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Rezoning
as described in Section I. of this Resolution; and
WHEREAS, the Environmental Review Committee has recommended adoption of a Mitigated Negative
Declaration; and
WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to
the application; and
WHEREAS, the applicant has met the burden of proof required to support said application; and
WHEREAS, the Planning Commission finds as follows with regard to this application:
a. That the proposed zoning is in accord with this title of the Municipal Code and the City's
Comprehensive General Plan.
The rezoning is in conformance with the General Plan Land Use Map of the City of Cupertino, since the
zoning designation would be consistent with the existing land use designation (Commercial/Residential). The
rezoning has been processed in accord with Chapter 19.152 of the City’s Municipal Code.
b. The proposed zoning is in compliance with the provisions of the California Environmental Quality
Act (CEQA).
A mitigated negative declaration (MND) was prepared which analyzed biological resources, cultural
resources, hazardous material, noise, air quality, geology and soils, water quality, parkland and other potential
environmental impacts in accordance with CEQA requirements. The Initial Study determined that these
Draft Resolution Z-2014-01 April 22, 2014
potential environmental impacts were either less than significant or will be less than significant with
implementation of the required mitigation measures identified in the MND.
c. The site is physically suitable (including, but not limited to, access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning
designation(s) and anticipated land use development(s).
The property involved is adequate in size and shape to conform to the new zoning designation and is
appropriately configured to accommodate residential uses. The rezoning is compatible with the adjoining land
uses and no physical constraints are present that would conflict with anticipated land use development.
Provision of utilities and related infrastructure to service the property are required as part of the future
development.
d. The proposed zoning will promote orderly development of the City.
The rezoning promotes the orderly development of the city in that the rezoning facilitates the development of
additional housing units where municipal services are currently available. The proposed rezoning is
consistent with General Plan Policy 2-32 which discourages exclusive general commercial uses and encourages
developments that are not in an identified commercial area (such as the project site) to include a neighborhood
commercial presence along the street with storefronts and residential uses.
e. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
of persons residing or working in the neighborhood of subject parcels.
The proposed rezoning is not detrimental to the health, safety, peace, morals and general welfare of the persons
residing or working in the neighborhood of subject parcels, as relevant mitigation measures will be
incorporated as part of the CEQA review process to mitigate potential impacts to a less than significant level,
in addition to adherence to all City regulations.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of the initial study, maps, facts, exhibits, testimony and other evidence
submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on
PAGE 2 thereof,:
A Mitigated Negative Declaration (Application no. EA-2014-01) is hereby recommended for adoption;
and the application for a Rezoning, Application no. Z-2014-01 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 no. Z-2014-01 as set forth in the Minutes
of Planning Commission Meeting of April 22, 2014, and are incorporated by reference as though fully set
forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval recommendation is based on Exhibit A: Zoning plat map and legal description.
2. ACCURACY OF PROJECT PLANS
The applicant/property owner is responsible to verify all pertinent property data including but not
limited to property boundary locations, building setbacks, property size, building square footage,
Draft Resolution Z-2014-01 April 22, 2014
any relevant easements and/or construction records. Any misrepresentation of any property data
may invalidate this approval and may require additional review.
3. CONCURRENT APPROVAL CONDITIONS
The conditions of approval contained in file nos. ASA-2014-02, TM-2014-01, DP-2014-02, and TR-
2014-08 shall be applicable to this approval.
4. INDEMNIFICATION
To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City
Council, its officers, employees and agents (the “indemnified parties”) from and against any claim,
action, or proceeding brought by a third party against the indemnified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
5. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements of Section
66020, you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 22nd day of April, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
Gary Chao Paul Brophy, Chair
Assist. Director of Community Development Planning Commission
Draft Resolution Z-2014-01 April 22, 2014
EXHIBIT A: ZONING PLAT MAP AND LEGAL DESCRIPTION
G:\Planning\PDREPORT\RES\2014\Z-2014-01 res.doc