CC Ordinance No. 18-2177 Amending the Municipal Code to Allow Adoption and Implementation of Vallco Town Center Specific PlanORDINANCE NO. 18-2177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING THE MUNICIPAL CODE TO ALLOW
ADOPTION AND IMPLEMENTATION OF V ALLCO TOWN
CENTER SPECIFIC PLAN
SECTION I: PROTECT DESCRIPTION
Application No: MCA-2018-01
Applicant: City of Cupertino
Location: 10101 to 10333 N Wolfe Rd
APN#s: 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105,
316-20-106, 316-20-104, 316-20-088, 316-20-092, 316-20-094, 316-20-099,
316-20-100, 316-20-095
SECTION II: RECITALS
WHEREAS, the . Housing Element of the Cupertino General Plan identifies the Vallco
Special Area as being appropriate to accommodate at least 389 dwelling units to be
developed pursuant to a specific plan for the Valko Special Area; and
WHEREAS, the Vallco Special Area Specific Plan has been developed pursuant to City
Council direction to initiate a project to prepare a specific plan for the Vallco Special Area,
including any required changes to the adopted goals and objectives for the Special Area,
in order to implement the Housing Element of the Cupertino General Plan and to plan
for anticipated future development activity; and
WHEREAS, pursuant to the City Council direction to conduct extensive public outreach
the City conducted multiple forms of public outreach including 14 small group
Interviews, eight presentations, five open studio times, three brown bags, three EIR
public comment meetings, three open houses, two student/youth outreach sessions, one
online civic engagement survey, one Fine Arts Commission check-in/update, one
Housing Commission check-in/update, one Parks & Recreation Commission check-
in/update, one Teen Commission check-in/update, one Economic Development
Committee check-in/update, one Block Leader Group check-in/update; and
WHEREAS, these Municipal Code Amendments to allow adoption of the Valko Town
Center Specific Plan are part of the Valko Special Area Specific Plan, all as fully described
and analyzed in the May 2018 Vallco Special Area Specific Plan Environmental Impact
Report ("Draft EIR") (State Clearinghouse No. 2018022021), as amended by the July 2018
Vallco Special Area Specific Plan Environmental Impact Report Amendment ("EIR
Amendment") and by text revisions in the August 2018 Vallco Special Area Specific Plan
Ordinance No. 18-2177 Vallco Town Center Specific Plan -MCA
Final EIR document which contains Response to Comments to the Draft EIR and the EIR
Amendment, and the August 30, 2018, September 11, 2018, and September 13, 2018
Supplemental Text Revisions to the Valko Special Area Specific Plan Final
Environmental Impact Report; (together, the "Final EIR"); and
WHEREAS, the Final EIR was presented to the Environmental Review Committee
("ERC") for review and recommendation on August 31, 2018, and after considering the
Final EIR, and Staff's presentation, the ERC recommended that the City Council certify
the EIR; and
WHEREAS, following necessary public notices given as required by the procedural
ordinances of the City of Cupertino and the Government Code, the Planning Commission
held a public hearing on September 4, 2018 to consider the Municipal Code Amendments;
and
WHEREAS, based on substantial evidence in the administrative record, on September 4,
2018 the Planning Commission recommended on a 5-0 vote that the City Council certify
that the Final EIR has been completed in compliance with the California Environmental
Quality Act, Public Resources Code Section 21000 et seq., and reflects the independent
judgment and analysis of the City, adopt the Findings and Statement of Overriding
Considerations, and implement all of the mitigation measures for the Project that are
within the responsibility and jurisdiction of the City that are identified in Findings, in
substantially similar form to the Resolution presented (Resolution No. 6860); and
WHEREAS, on September 4, 2018, the Planning Commission recommended on a 5-0 vote
that the City adopt the Municipal Code Amendments (MCA-2018-01), in substantially
similar form to the Resolution presented (Resolution no. 6864); and
WHEREAS, following a duly noticed public hearing on September 19, 2018 (continued
from September 18, 2018), and prior to the Council's consideration of the Municipal Code
Amendments, the Council adopted: Resolution No. 18-085, approving a General Plan
Amendment to Development Allocations, the General Plan Land Use Map and
development standards related to the Valko Special Area and Resolution No. 18-086,
adopting the Valko Town Center Specific Plan; and
WHEREAS, the Ordinance is consistent with the City's General Plan and the public
health, safety, convenience, and general welfare, and the amendment herein are
necessary to implement the Valko Town Center Specific Plan as adopted; and
WHEREAS, on September 19, 2018 (continued from September 18, 2018) and October 2,
2018, upon due notice, the City Council has held at least two public hearings to consider
the Municipal Code Amendments; and;
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
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Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its
independent judgment in carefully considering the information in the Final EIR and finds
that the scope of this Ordinance falls within the certified Final EIR, in that the aspects of
the Rezoning proposed in this Ordinance that have the potential for resulting in either a
direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment have been examined in the Final EIR and therefore, no
recirculation of the Final EIR is required; and
WHEREAS, after consideration of evidence contained in the entire administrative record,
at the public hearing on September 19, 2018 ( continued from September 18, 2018), the
City Council adopted Resolution No. 18-084 certifying the Final EIR, adopting Findings
and a Statement of Overriding Considerations, adopting Mitigation Measures, and
adopting a Mitigation Monitoring and Reporting Program.
SECTION III
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
That after careful consideration of the facts, exhibits, testimony and other evidence
submitted in this matter, the City Council adopts the Rezoning based upon the findings
described above, the public hearing record, the Minutes of Planning Commission
Meeting of September 4, 2018, and the Minutes of City Council Meeting of September 19,
2018 ( continued from September 18, 2018) and subject to the conditions specified below:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2.
19.152.020.C:
The City Council finds the following as set forth by Municipal Code
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the
City's Comprehensive General Plan (Community Vision 2040) and the proposed
amendments are internally consistent with Title 19 of the Municipal Code.
The Housing Element of the General Plan calls for the City to enact a specific plan to permit at
least 389 dwelling units in the Vallco Special Area. The General Plan Amendment (adopted at
the September 19, 2018 City Council meeting ( continued from September 18, 2018) with
Resolution no . 18-085) modifies the Land Use Element of the General Plan to designate and define
development standards that are consistent with the level of development contemplated in the Vallco
Town Center Specific Plan. The proposed municipal code amendments would incorporate the
Vallco Town Center Specific Plan into Title 19 of the Municipal Code to implement the General
Plan and the Vallco Town Center Specific Plan, and therefore the proposed zoning regulations are
consistent with the General Plan and other relevant portions of the Municipal Code.
Page 3 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
2. The proposed zoning 1s m compliance with the provisions of the California
Environmental Quality Act (CEQA).
As set forth above, the City examined the environmental effects of the Project, including the zoning
amendments adopted herein, in an Environmental Impact Report (EIR) prepared in accordance
with the California Environmental Quality Act. On September 19, 2018 (continued from
September 18, 2018), the City Council adopted Resolution no. 18-084 to certify that the Final
Environmental Impact Report ("Final EIR ") for the Project; and adopting CEQA Findings, a
Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and
Reporting Program, which Resolution together with the EIR is incorporated herein by reference.
The significant environmental effects of the project have been fully analyzed and disclosed in
compliance with CEQA. All mitigation measures identified in the Final EIR have been adopted
and incorporated into the project to reduce the impacts of new development to the extent feasible .
Therefore, the proposed zoning complies with the provisions of CEQA.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints) for
the requested zoning designation(s) and anticipated land use development(s).
The sites being rezoned have access to utilities and are compatible with adjoining land uses . To the
extent that there are deficient utilities, the City has adopted mitigation measures to ensure that
any future development would need to provide the appropriate utilities to accommodate the
development . In addition, in connection with the Vallco Town Center Specific Plan process, the
site has been analyzed thoroughly to ensure that the site would not constrain future development
proposed under this zoning designation . The proposed zoning would implement the Vallco Town
Center Specific Plan, which includes development standards to require appropriate transitions
from adjoining land uses .
4. The proposed zoning will promote orderly development of the City.
The sites being rezoned will promote orderly development in the City by allowing a critical mass
of development to be proposed along the City's Priority Development Area (PDA) in which future
development is anticipated. This would also allow the easier applicability of zoning regulations
adopted under the Vallco Town Center Specific Plan.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals and
general welfare of persons residing or working in the neighborhood of subject parcels.
The proposed zoning is not detrimental to the health, safety, peace, morals and general welfare
since these are conforming changes that are necessary to implement adopted changes in the Land
Use Element of the City's General Plan. Additionally, where health or safety impacts have been
identified in the Project's EIR, mitigation measures have been identified which would be applicable
to any development on these sites .
Page 4 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
Section 3. The City Council approves the following:
1. That Section 19.16.010 of the Municipal Code, be amended as shown below:
19.16.010 Zoning Districts Designated.
A. The several classes of general districts into which the City is divided are
designated as follows identified in Table 19.16.0lOA below:
Table 19.16.0lOA: Zoning Districts
(NO CHANGE TO TABLE)
Zoning Map Designation and District Name
A Agricultural Zone
A-1 Agricultural-Residential Zone
R-1 Single-Family Residential Zone
R-2 Residential Duplex District
R-3 Multi-Family Residential Zone
RHS Residential Hillside District
RlC Residential Single-Family Cluster Zone
P Planned Development Zone
CG General Commercial Zone
ML Light Industrial Zone
BA Public Building Zone
T Transportation Zone
BQ Quasi Public Building Zone
PR Park and Recreation Zone
FP Private Recreation District
Chapter Number
19.24 .
19.24
19.28
19.32
19.36
19.40
19.44
19.80
19.60
19.72
19.76
19.76
19.76
19.92
19.96
0-A Administrative and Professional Office District 19.68
OP Planned Office 19.68
MP Industrial Park 19.72
OS Open Space 19.88
B. In addition to the zones identified in Table 19.16.0lOA, the City may establish
be separate zoning districts in individual specific plans adopted to promote the
orderly development of the plan area. These zoning districts are identified in
Table 19.16 .0lOB below:
T bl 19 16 OlOB S "f Pl D" t . t a e : 1Dec1 IC an 1s nc s
Zoning Ma12 Designation S12ecific Plan Name
Heart of the City Heart of the City
VTC Valko Town Center Vallco Town Center
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Ordinance No. 18-2177 Vallco Town Center Specific Plan -MCA
Land uses and development standards within a specific plan zone shall be as
prescribed in the specific plan.
C. All notations, references, and other information shown in the above-
referenced specific plans are incorporated by reference and shall be deemed as
much a part of this Title 19 as if the matter and information set forth in the plan
were fully described in this chapter. All terms not otherwise defined in a specific
plan shall have the meaning set forth in this Title 19. Notwithstanding the
provisions or standards set forth in this Title 19, individual specific plans may
establish additional or separate provisions and standards for said plan area,
including without limitation, standards for: regulating physical development,
granting greater density bonuses than otherwise required, requiring below
market rate housing production, and processing of subsequent applications. In
the event of a conflict between the terms, conditions, requirements, policies, or
other provisions of a specific plan and this Title 19, the specific plan shall take
precedence.
2. That Section 19.12.030 of the Municipal Code, be amended as shown below:
19.12.030 Approval Authority.
Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date
and Extension Dates for different types of Permits.
Page 6 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
Table 19.12.030 -Approval Authority
Public
Design Hearing/ Noticing/ Posted Type of Permit or Administrative Planning City Public Expiration Chapter/ Review Noticing Site Decision A, 8 Review Commission Council Meeting/ Date E Findings Committee Radius 0 Notice Comment
Period c
General Plan Amendment
Major F --R F PH CA. Govt. Yes -
Code CA. Govt.
Code 65350-Minor G --R F PH 65350-Yes -
65362 65362
Zoning Map Amendments
Major F --R F PH CA. Govt. Yes -19.152.020
Code
Minor G --R F PH 65853-Yes -
65857
CA. Govt.
Zoning Text R F PH Code 19.152.030 ----
Amendments 65853-
65857
CA. Govt.
Specific Plans R F PH Code 20.04.030 ----
65350-
65362
Development R F PH CA. Govt. Yes 19.144.120 ---
Agreements Code 65867
Development Permits
Page 7 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
Table 19.12.030 -Approval Authority
Public
Design Hearing/ Noticing/ Posted Type of Permit or Administrative Planning City Public Expiration Chapter/ Review Noticing Site Decision A 8 Review Commission Council Meeting/ Date E Findings Committee Radius 0 Notice Comment
Period c
Major F,H --FIR A 1/F PM 19.12.110/ Yes 2 years
300' 19.156.050
Minor G F -A1 A2 PM Yes 2 years
Conditional Use Permits
Major F,H,r F -A 1/F/R A11 A21F PH CA. Govt. Yes 2 years
Code 65905 19.156.050 Minor G,I F -A 1/F/R A11 A2 1F PH Yes 2 years
Temporary F A1 A2 None No 1 year None --
19.160.030
Density Bonus Based on
R F concurrent 19.52 (Residential) application
Adult-Oriented CA. Govt. 19.128.030
Commercial -R F PH Code Yes 2 years &
Activity (CUP) 65905/300' 19.128.040
Architectural and Site Approval
Major J F -A1 A2 PM 19.12.110/ Yes 2 years
Adjacent 19.168.030
Minor K F -A1 A2 PM Yes 2 years
Amendment
Major F,H --F A1 Varies L Depends on Yes 2 years 19.44,
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Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
Table 19.12.030 -Approval Authority
Public
Design Hearing/ Noticing/ Posted Type of Permit or Administrative Planning City Public Expiration Chapter/ Review Noticing Site Decision A, 8 Review Commission Council Meeting/ Date E Findings Committee Radius D Notice Comment
Period c
permit 19.144,
Minor G F -A1 A Z Varies L being Yes 2 years 19.156,
amended L 19.164
Minor F A1 AZ --None No 2 years 19 .164 Modification
Hillside
Exception/ 19.40.080, Height 19.12.110/ --F A1 PH Yes 2 years 19.24.070, Exception/ Heart 300'
19.136.090 of the City
Exception 1
Variance F A1 A2 PH CA. Govt. Yes 2 years 19.156.060 -
Code 65905
Status of non-F A1 PH 19.12.110/ Yes 19.140.110 ---conforming Use 300'
Wireless Depends on
F -F/ A 1 A2 Varies 1 application Yes 2 years 19.136.090
Antennas 1
type
Signs
Permits F -A1 A2 -None No 1 year 19.104
Page 9 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
Table 19.12.030 -Approval Authority
Public
Design Hearing/ Noticing/ Posted Type of Permit or Administrative Planning City Public Expiration Chapter/ Review Noticing Site Decision A, 8 Review Commission Council Meeting/ Date E Findings Committee Radius 0 Notice Comment
Period c
Neon, Reader 19.12.110/ board & Freeway -F F AlM PM No 1 year 19.104
Oriented Signs 1 300'
Programs F -A, A2 -None No 1 year 19.104
Exceptions 1 F AIM PM 19.12.110/ Yes 1 year 19.104.290 --
Adjacent
Parking 19.12.110/
F F A1 AIM /A2 Varies N Adjacent/ Yes 1 year 19.124.050 Exceptions 1
300'0
Fence Exceptions F An PM 19.12.110/ Yes 1 year 19.48.060 --
Adjacent
Front Yard F At A2 PM 19.12.110/ Yes 1 year 19.08 -Interpretation Adjacent
R-1 Ordinance Permits
Two-story 1 F F F/A1 AIL /A2 Varies 1 Yes 1 year 19.28.140
Minor F A1 A2 CP 19.12.110/ No 1 year -
Residential Adjacent
Exceptions 1 -F -AlM PM Yes 1 year
Protected Trees
Page 10 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
Table 19.12.030 -Approval Authority
Public
Design Hearing/ Noticing/ Posted Type of Permit or Administrative Planning City Public Expiration Chapter/ Review Noticing Site Decision A, 8 Review Commission Council Meeting/ Date E Findings Committee Radius 0 Notice Comment
Period c
Adjacent
Tree Removal F -A1 A 2 CP unless Yes 1 year 14.18.180
. exempt
Heritage Tree
19.12.110/ Designation & --F A1 PM Yes -14.18
Removal 300'
Tree
Management F -AI A 2 -None No -14.18
Plan
Retroactive Tree F A 1 A 2 None No 14.18 ---
Removal
Reasonable F A1 A 2 None No 1 year 19.52.050 --
Accommodation
Extensions r
Parking, Fence &
Sign Exceptions F -A1 A 2 -None No 1 year
& Front Yard
Interpretations
Neon, Reader
board & Freeway F A1 A2 -None No 1 year
Oriented Signs
Page 11 of 15
Ordinance No. 18-2177 Vallco Town Center Specific Plan -MCA
Table 19.12.030 -Approval Authority
Public
Design Hearing/ Noticing/ Posted Type of Permit or Administrative Planning City Public Expiration Chapter/ Review Noticing Site Decision A, 8 Review Commission Council Meeting/ Date E Findings Committee Radius 0 Notice Comment
Period c
Two Story
Permits, Minor
Residential F A1 A2 -None No 1 year
Permits and
Exceptions
Tree Removals F -A1 A2 --No 1 year
All other projects F A1 A2 19.12.110/ No 2 years --None
For ~ermits within the Valko Town Center Zone -see Valko Town Center S~ecific Plan
KEY:
R-Review and recommendation body F-Final decision-making body unless appealed
A 1 -Appeal Body on first appeal A 2-Appeal body on second appeal
PH-Public Hearing PM-Public Meeting
CF-Comment Period
Page 12 of 15
Ordinance No. 18-2177 Vallco Town Center Specific Plan -MCA
Notes:
A. Permits can be processed concurrently with other applications, at the discretion of
the Director of Community Development.
B. Projects with combined applications shall be processed at the highest level of
approval in conformance with Section 19.04.090.
C. Public Hearing: Projects types that need noticing pursuant to the CA Government
Code; Public Meeting: Project types that need only a mailed notice and no newspaper
notices; Comment Period: Project types that need only a mailed notice and do not need a
public hearing or public meeting.
D. Noticing Radius of an application in a combined application shall correspond to the
maximum noticing radius required for any one of the applications.
E. Expiration date of an application in a combined application shall correspond to the
maximum expiration date allowed for any one of the development applications (not
including Subdivision Map Act applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use Permit, Development Permit
application -for more than ten thousand square feet of commercial and/or industrial
and/or office and/or other non-residential use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use Permit, Development Permit
application -for ten thousand square feet or less of commercial and/or industrial and/or
office and/or other non-residential use, or six or less residential units.
H. City Council review for applications with new development greater than fifty
thousand square feet of commercial, and/or greater than one hundred thousand square
feet of industrial and/or office and/or other non-residential use, and/or greater than fifty
residential units.
Planning Commission review for all other applications.
I. Please see specific zoning district regulations or chapters in this title that apply to the
subject property or project for approval authority.
J. Major Architectural and Site Approval application -architectural and site approval
for all projects that are not a Minor Architectural and Site Approval application.
K. Minor Architectural and Site Approval application -single family home in a planned
development zoning district, minor building architectural modifications, landscaping,
signs and lighting for new development, redevelopment or modification in such zones
where review is required and minor modifications of duplex and multi-family buildings.
L. Meeting type and noticing are dependent on the underlying permit being modified.
M. Appeals of Design Review Committee decisions shall be heard by the City Council.
N. Parking Exceptions approved by the Director of Community Development need a
comment period.
Parking Exceptions approved by the Design Review Committee need a public meeting.
0. Parking Exceptions in Single-family residential (Rl) zones and Duplex (R2) zones
Page 13 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
need adjacent noticing.
All other Parking Exceptions need notices within three hundred feet of the exterior
boundary of the subject property.
P. Application must be filed prior to expiration date of permit. Permit is extended until
decision of the Approval Body on the extension.
3. That Section 20.04.040 of the Municipal Code, be amended as shown below:
20.04.040 Zoning District Applicable to a Specific Plan.
The zoning for AE!ll areas governed by a specific plan shall be zoned as a planned
development (P) zonir.g district under Chapter 19.18 identified in Chapter 19.16
of the City's Municipal Ordinar.ce Code and all regulations governing land use
approvals in a planned development zone specific plan area shall be applicable
re-as identified in that individual specific plans. A proposal for fl specific plan
may be combined with any application for land use entitlements in the City.'..s
planned development zoning districts.; and
Section 5. If any portion of this Ordinance or its application is for any reason
held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions
of the Ordinance, or its application to any other person or circumstance. The City Council
hereby declares that it would have adopted each section, sentence, clause or phrase of
this Ordinance, irrespective of the fact that any one or more other sections, sentences,
clauses or phrases of the Ordinance be declared invalid, unenforceable or
unconstitutional.
Section 6. The City Council finds the Municipal Code Amendments are within
the scope of the EIR and directs the Director of Community Development to file a Notice
of Determination with the Santa Clara County Recorder in accordance with CEQA
guidelines.
Section 7.
adoption.
This Ordinance shall be effective thirty (30) days following its
INTRODUCED at a special meeting of the Cupertino City Council the 19th day of
September 2018 ( continued from September 18, 2018) and ENACTED at a regular meeting
of the Cupertino City Council on this 2nd day of October 2018 by the following vote:
AYES :
NOES:
ABSENT:
Sinks, Chang, Vaidhyanathan
Paul, Scharf
None
Page 14 of 15
Ordinance No. 18-2177 Valko Town Center Specific Plan -MCA
ABSTAIN: None
ATTEST: APPROVED:
~_;;.uS'kH 10 .2.;6
Grace Schmidt, City Clerk
C_ es7-//
Darcy Paul, Mayor, City of Cupertino
Page 15 of 15
STATE OF CALIFORNIA )
COUNTY OF SANT A CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and con-ect copy of Ordinance No. 18-2177, which was
enacted on October 2, 2018, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 2nd day of October, 2018.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California