10-02-2018 Item No. 13 Second Reading Vallco Town Center Specific Plan Ordinances PresentationSecond Reading
va·llco Town Center .
Specific Plan Ordinances
City · Council: October 2, 2018
rffl CITY OF
ltilJ CUPERTINO
Agenda item 13
Introduction of ordinances, first reading:
~eptember 19, 2018
Ord,nance No. 18-2177: "An Ordinance of the City Council of the City of
Cupertino Amending the Municipal Code to Allow Adoption and
Implementation of Vallco Town Center Specific Plan."
Ordinance No. 18-2178: "An Ordinance of the City Council of the City of ·
Cupertino Rezoning the Parcels within the Vallco Special Area."
Ordinance No. 18-2179: "Ordinance of the City Council of the City of
Cupertino Approving a Development Agreement by and Between the City
of Cupertino and Vallco Property Owner LLC for the Development of Vallco
Town Center," including all text revis ions presented as desk items on
September 18 dnd 19 related to ELI (Extremely Low Income) units, Cupertino
Union School District (CUSD) contributions and sanitary sewer changes.
..
Redli.nes: conforming edits
Ordinance 18-2177 (Municipal Code Amendment)
11 J Deleted "draft" in heading of the ordinance
(2) Added dates to l::IR recital
(3) Documented reference to meeting on September 19, 2018 continued from September 18,
2018 throughout
(4) Edited date of introduction and City Council motion from September 18 to September 19.
(SJ Added enactment date
• Ordinance 18-2178· (Rezoning)
{l J Deleted "draft" in heading of the ordinance
(2) Added dates and resolution number to EIR finding
(3) Documented reference to meeting on September 19, 2018 continued from September 18,
2018 throughout
(4) Edited date of introduction and City Council motion from September 18 to September 19.
(SJ Added enactment date
• 1·· Ordinance 18-2179 (Development Agreement)
(l J' Deleted "draft" in heading of the ordinance
(2J Edited application number and applicant
(3J Deleted Parcel numbers 316-20-088 and 316-20-092 for Simeon & KCR parcels
(4) Edited naming convention to be consistent refere n ce of Vallco Town. Center
(5) Added details to recital regarding EIR, including dates and state clearinghouse number
(6) Edited date of introduction and City Council motion from September 18 to September 19 .
• 1 • Development Ag reement exhibit
(l J , Deleted Footers document number
(2) Updated page numbers in table of contents (pages i though v)
(3) Added dates where there were blanks in recitals (pages 2 & 3)
(4) Added Ordinance number (page 5)
• Development Agreement exhibit (continued )
(SJ Added : "in effect as of the effective date" {Section 3.14, page 19)
3.14 Sanitarv Sewer Capacitv. As of the Effecti,·e Date, City belieYes, based on
existing sewer capacit y stud ie s, that Cupe1tino Sanitary District's contractu al capacity limit s with
respect to use of the City of Santa Clara sani tary sewer system are adequate to serve the Project
as well as all other development contemplated by the City's General Plan in effect as of the
Effective Date. Accordingly. subject to continued accuracy of those capac ity studies and
assumptions and subject to the limit s of its authority, City agrees to reserve sa nitmy sewer
capacity for the Project as follows:
(5) "updated" replaced with "updates of existing"; "insufficient" replaced with "inadequate"
(Page 20) -
Notwithstanding a n y other provision hereof to the contrary, if, follow ing the Effective Date,
updated updates of existing_sani tary sewer capacity studies reveal tha t there is insaffieient
inadequate capacity to serve both the Project and all other deve lopment projects contemplated
under the City's General Plan in effect as of the Effective Date, then the sanitary sewer capacity
amounts to be reserved by City under this Section 3.14 shall be reduced proportionately based on
the amount of the capacity shortfall as identified in the updated srudy.
(SJ Deleted "the" in front of FUHSD in section 5.3.1 and "to CUSD" add to section 5.3.2 (page
29)
(SJ Added "Extremely Low Income" to section C of Exhibit D-4
Recommendation
• 1 Conduct the second reading and enact:
• 1 Ordinance No. 18-2177: "An Ordinance of the City Council
of the City of Cupertino Amending the Municipal Code to
Allow Adoption and Implementation of Vallco Town Center
Specific Plan" {Attachment A);
• 1 Ordinance No. 18-2178: "An Ordinance of the City Council
of the City of Cupertino Rezoning the Parcels within the
Vallco Special Area" {Attachment B); and
• 1 Ordinance No. 18-2179: "Ordinance of the City Council of
the City of Cupertino Approving a Development
Agreement by and Between the City of Cupertino and
Vallco Property Owner LLC for the Development of Vallco
Town Center" (Attachment C).