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PC 03-16-2021 (Special)CITY OF CUPERTINO PLANNING COMMISSION AGENDA This will be a teleconference meeting with no physical location Tuesday, March 16, 2021 4:30 PM Amended Non-televised Meeting, Special Meeting Amended at 4:15 pm, March 15, 2021 to change the meeting start time TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 3:00 p.m. on Tuesday, March 16th to the Planning Commission at planningcommission@cupertino .org. These e-mail comments will be received by the Planning Commission before the meeting and posted to the City ’s website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at planningcommission@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for public comments). Members of the public that wish to share a document must email planningcommission@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comments will be accepted during the teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item . To address the Committee, click on the link below to register in advance and access the Page 1 Planning Commission Agenda March 16, 2021 meeting: Online Please click the link below to join the webinar : https://cityofcupertino.zoom.us/webinar/register/WN_8X-SRxtjQGWrqeP-g7exNg Phone Dial 669-900-6833 and enter Webinar ID: 988 9676 4131 (Type * 9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number . Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 988 9676 4131 SIP: 98896764131@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer . 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic . In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in Page 2 Planning Commission Agenda March 16, 2021 advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. NOTICE AND CALL FOR A SPECIAL MEETING OF THE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Planning Commission is hereby called for Tuesday, March 16, 2021, commencing at 4:30 pm. In accordance with Governor Newsom’s Executive Order No-29-20, this is a teleconference meeting without a physical location. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading “Special Meeting”. SPECIAL MEETING: ROLL CALL NEW BUSINESS 1.Subject: Report on the location, purpose, and extent of the City of Cupertino’s proposed acquisition of real property as to conformity with Cupertino ’s General Plan. Project Name: Land Acquisition, Torre Avenue; Applicant(s): City of Cupertino; Location: 10455 Torre Avenue APN # 369-40-009 Recommended Action: That the Planning Commission conduct the hearing and find : 1) that the proposed action is exempt from CEQA; and 2) determine that the location, purpose, and extent of the acquisition of the property is in conformance with the City's General Plan Staff Report 1 - Draft Resolution 2 - Tract Map 5220 ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed Page 3 Planning Commission Agenda March 16, 2021 to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 4 1 PLANNING COMMISSION STAFF REPORT Special Meeting: March 16, 2021 SUBJECT City of Cupertino’s potential acquisition of 10455 Torre Avenue, Cupertino (APN 369-40-009) RECOMMENDED ACTION That the Planning Commission adopt the Draft Resolution (Attachment 1) to find that the City’s potential acquisition and use of the property at 10455 Torre Ave (APN 369-40-009) will be in conformance with the General Plan pursuant to Government Code Section 65402(a) and that the acquisition and use is exempt under CEQA. DISCUSSION Background The property located at 10455 Torre Avenue, Cupertino (APN 369-40-009) has been offered for sale. On March 8, 2021, the City Council met in closed session to give direction to its negotiators regarding price and terms of payment for potential acquisition of the property. Government Code Section 65402(a) states that “no real property shall be acquired [by the City] … if [an] adopted general plan …. applies thereto, until the location, purpose and extent of such acquisition … [has] been submitted to and reported on by the planning agency as to conformity with said adopted general plan ….” Cupertino’s General Plan applies to the property. Therefore, a General Plan consistency determination must be made by the Planning Commission prior to the City’s acquisition of the property. 2 Analysis The property is located at the northwest corner of Torre Avenue and Pacifica Drive, across the street from Library Field, and near the Civic Center (see Figure 1). County records show the lot size to be approximately 20,909 sq. ft. (0.48 acres) and the existing freestanding one-story building (built in 1979) is approximately 4,715 sq. ft. The project was approved as an office building in 1977 with permit no. 26-U-76. The property has 20 parking spaces as well as one ADA accessible space. The Tract Map No. 5220 (Attachment 2) indicates there is a 10 foot Public Utility Easement (PUE) that runs along the easterly and southern property lines (adjacent to the public streets) with a 5 foot wide Private Storm Drain Easement that runs parallel and is adjacent to the PUE. An approximately 15-foot-wide Private Drive Easement runs along the north and west property lines (on the interior of the block). These easements allow for shared access between the properties to the north and west (see Figure 2). The building and the parking stalls are situated within the property and do not appear to encroach within the easement areas. The site is within the Heart of the City Special Area. It is specifically located in the City Center node of the City Center subarea. The uses envisioned in this subarea are identified in Policy LU-16.1.1. They include: A mix of uses including, office, hotel, retail, residential and civic uses. The ground floor of buildings along the street should be activated with pedestrian-oriented, active uses including retail, restaurants, and entries. The General Plan land use designation of the site is: Commercial / Office / Residential. The zoning for the site is P(OP) (Planned Development zoning district with Professional Office uses). Figure 1: Site Location City Hall Library Library Field Figure 2: Subject Site 3 The current occupants of the building appear to be professional offices, primarily law offices. The property is surrounded by other professional office uses such as dentists, lawyers and doctors offices. The proximity of this property to the Civic Center, and its central location within the city, lends itself for City uses, including a satellite City Hall facility, potentially reducing capacity concerns at the existing City Hall. There are no plans to change the existing use function of the property or to expand the footprint of the improvements. Moreover, the City may be interested in continuing the existing month-to-month private office leases of the property on an interim basis while the City completes its use plans for the property. Both the current use of the property and the City’s proposed future use of the property are in conformance with the allowed uses in the General Plan. Therefore, staff recommends that the Planning Commission find the site in conformance with the General Plan pursuant to Government Code Section 65402(a). Environmental Review Pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) ("CEQA Guidelines"), the proposed acquisition and use of the property is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines Section 15301 (Existing Facilities) since the City’s proposed acquisition and use will not revise or expand the existing office use of the property or footprint of the existing structure. Additionally, the acquisition and use would be exempt from CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed acquisition and use will have a significant effect on the environment. NEXT STEPS The Planning Commission’s findings will be considered by the City Council in its next steps. _____________________________________ Prepared by: Angela Tsui, Economic Development Manager Piu Ghosh, Planning Manager Reviewed and Approved for Submission by: Albert Salvador, Acting Director of Community Development Attachments: 1 – Draft Resolution 2 – Tract No. 5220 DRAFT RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO FINDING THE CITY’S PROPOSED ACQUISITION AND USE OF PROPERTY AT 10455 TORRE AVENUE (APN 369-40-009) IN CONFORMANCE WITH THE CITY’S GENERAL PLAN WHEREAS, the City of Cupertino seeks to acquire the real property at 10455 Torre Avenue, Cupertino (APN 369-40-009) (the “Property”); and WHEREAS, the Property is located at the northwest corner of Torre Avenue and Pacifica Drive, across the street from Library Field, and near the Civic Center. County records show the lot size to be approximately 20,909 sq. ft. (0.48 acres) and the existing freestanding one-story building (built in 1979) is approximately 4,715 sq. ft; and WHEREAS, public records indicate the building on the Property to be currently fully tenanted. The occupants appear to be professional offices, primarily law offices; and WHEREAS, the Property has 20 parking spaces as well as one ADA accessible space; and WHEREAS, the Property is surrounded by other professional office uses such as dentists, lawyers and doctors offices; and WHEREAS, the proximity of the Property to the Civic Center, and its central location within the city, lends itself for City uses, including a satellite City Hall facility; and WHEREAS, the City has no current plans to change the existing office use function of the Property or to expand the footprint of the improvements ; and, the City may be interested in continuing the existing month-to-month private office leases of the Property on an interim basis while the City completes its use plans for the Property; and WHEREAS, Government Code section 65402(a) states that “no real property shall be acquired [by the City] … if [an] adopted general plan …. applies thereto, until the location, purpose and extent of such acquisition … [has] been submitted to and reported on by the planning agency as to conformity with said adopted general plan …”; and WHEREAS, the City of Cupertino’s General Plan land use designation of the site is Commerical/Office/Residential, and the zoning of the Property is P(OP) (Planned Development zoning district with Professional Office uses); and WHEREAS, the Planning Commission of the City of Cupertino is the planning agency for purposes of Government Code section 65402(a); and Resolution No. March 16, 2021 Page 2 WHEREAS, pursuant to the provisions of the California Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) (hereinafter, "CEQA Guidelines"), the City staff has independently studied the proposed acquisition and use of the Property and has determined that the project is exempt from environmental review pursuant to the categorical exemption in CEQA Guidelines section 15301 (Existing Facilities), since the City’s proposed acquisition and use will not revise or expand the existing office use of the Property or footprint of the existing structure. City staff has also determined that the project is exempt under section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed acquisition and use will have a significant effect on the environment; and WHEREAS, the Planning Commission finds as follows with regard to the City’s proposed acquisition and use of the Property: 1. The Property is within the Heart of the City Special Area. It is specifically located in the City Center node of the City Center subarea. The uses envisioned in this subarea are identified in Policy LU-16.1.1. They include: A mix of uses including, office, hotel, retail, residential and civic uses. The ground floor of buildings along the street should be activated with pedestrian-oriented, active uses including retail, restaurants, and entries. The General Plan land use designation of the site is: Commercial / Office / Residential. The zoning for the site is P(OP) (Planned Development zoning district with Professional Office uses). The City’s anticipated use of the Property as an office function is consistent with the General Plan designation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission takes the following actions: 1. Exercises its independent judgment and determines that the proposed acquisition and use of the Property is exempt from CEQA pursuant to CEQA Guidelines section 15301 (Existing Facilities) and section 15061(b)(3). The exemption in CEQA Guidelines section 15301 applies to Existing Facilities. The proposed acquisition and use will not revise or expand the existing office use of the Property or footprint of the existing structure. Additionally, the acquisition and use would be exempt from CEQA pursuant to section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed acquisition and use will have a significant effect on the environment. 2. Finds the City’s proposed acquisition and use of real property located at 104 55 Torre Avenue, Cupertino (APN 369-40-009) in conformance with the City of Cupertino’s General Plan. The conclusions upon which this finding is based are hereby incorporated by reference as though fully set forth herein. Resolution No. March 16, 2021 Page 3 PASSED AND ADOPTED this 16th day of March, 2021, Special 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: Piu Ghosh Ray Wang Planning Manager Chair, Planning Commission 06+INER' S_CERTIFICATE Knee hereby certify that we are the owners of/br have same right, title or interest in and to the real property included within the subdivision shown upon the herein map; that we are the only persons whose consent is necessary to pass a clear title to said real property; that we hereby consent to the preparation and recordation of said map and subdivision as shown within the blue border line, and we hereby offer for dedication to public use easements for public utilities in, on, over, under and along the areas designated as "P.U.E." Public Utility Easement) as shown upon the within map within said subdivision, and we hereby reserve to ourselves, our successors and assigns, an easement for ingress and egress on, over and along the areas designated as "Private Driveway Easement" and easements for private storm drainage facilities in, on, over, under and along the areas designated as Private Drainage Easement " on said map. OWNERS: ToWt4 G€aAITSiZ AS50GIAT><6 A Limited Partnership g - Howard Ruth, Jr, ,Gen al Partner Alan B. Simpkins, Ganeral Aartner AMERICAN SECURITIES COMPANY, A Corporation, Trustee H. BLicki am B. C. Brown --- Assistant vice President Assistant Secretary RECORDER'S CERTIFICATE File No. -4,32-11751 ,,32.11%9 Fee, / 'D Paid Accepted for record and filed i.n Booko-of Maps at Pages 2 3 in the office of the County Rec rder of the County of Santa Clara, California, this % -day of 1972, atg_7minutes past 3 _o'clock in the::i?l GEORGE E. FOWLES Santa Clara County Recorder. PJ4', VO 3 LBy J. TRACT NO, 5220 BRIAN TERRACE BEING ALL OF LOT 5, TRACT NO. 3743 CUPERTINO TOWN CENTER CUPERTINO CALIFORNIA MAY, 1972 SCALER"=40' KIRKER, CHAPMAN & ASSOCIATES 2940 SCOTT BOULEVARD, SANTA CLARA, CALIFORNIA ACKNOWLEDGEMENTS STATE OF CALIFORNIA County of Santa Clara ss On , before we, the undersigned, a Notaric in and for said County and State, personally appeared Howard Ruth, Jr, `'a Ann R Alan B. Simpkins and "s s'"'p'ine , known to me to be the partners. of the partnership tha+ oxeuited the within instrument and they acknowledged to me that they executed the same as, Owners. Witness my hand and official seal the day and year first hereinabove written. Notary Publ'c in and for the County of nta Clara, State of California 10MARY SULLIVAN NOTARY PUBLIC SANTA CLARA COUNiY; CALIF., MyConlnliVkn 6rpkftJm20,1974 STATE OF CALIFORNIA COUNTY OF SANTA CLARAjss. On 0 ' 3 before me, the undersigned, a Notary ublic in and for said County and State, personally appeared J. H. Buckingham, known to m@.to be the Assistant Vice President, and B. C. Brown, known to me to be the Assistant Secretary of the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the same pursuant to its by-laws or a resolution of its board of directors as Trustee. Witness my hand and official seal the day and year first hereinabove written. v No Public in and for the Co&o6ty of Santa Clara, State of California VIRGINIA BROWN NOTARY PUBLIC -CALIFORNIA COUNTY OF SANTA CLARA My Commission Expires March 1, 1976 CIVIL ENGINEER'S CERTIFICATE I, Sidney R. Mitchell, hereby certify that I am a Registered Civil Engineer of the State of California; that this map, consisting of two sheets, correctly represents a survey made under my supervision during May 1972; that the survey is true and complete as shown; that all monuments shown hereon actually exist or will be placed before neccmbor 31 ,1972 ; that said monuments are sufficient to enable the survey to be retraced and that their positions are correctly shown. SIDNEY R. MITCHELL Registered Civil Engineer, NO. 9704 Dated.%vT*1 1972 CITY ENGINEER'S CERTIFICATE I, V. Lee Yarborough, City Engineer of the City of Cupertino, hereby certify that;I have examined the within final map of Tract No. 5ZZO ; that the subdivision shown thereon is substantially the same as it appeared on the approved tenta- tive map and any approved alterations thereof; that all provisions of the Subdivision Map Act, as amended, and of any local ordinances applicable at the time of approval of the tentative map have been complied with and that I am satisfied that said map is technically correct. V. LEE YARBOROUGH City Engineer, R.C.E. N0.14447 i 0 r CITY CLERK -'S CERTIFICATE I, William E. Ryder, City Clerk of the City of Cupertino, hereby certify that this map, designated as TRACT NO. 5220 was approved by the City Council of the City of Cupertino at a me ting of said Council held on the day of 1972, and said Council did accept the dedication of 11 easements offered for dedication and shown on said, map within said subdivision. WILLIAM E. RYDER City Clerk and Ex -officio Clerk of the o G City Council of the City of Cupertino. _0Y_,4 t E7UtY. GRY GJ.Ei tS 3 7t#sS j 2 J Q o TORRE AVENUE 5e/ Nal/ _ N009G12.5"E _ //4/.37' 0767'. PLI& 0 rn-awwyw Esnr/. e Droinofe Earrf 07.50 Rd.E 5" Privafi 1.roincye smf i 1 I 3 000 aj ON QQ' o vZ -may V h of A TO /0 POB. a a A/ 0'56'Z5"E 92.59" O O 07. N0°5/x75"E P.O.E. No. 2 h N 0'66'25'E Z400.00, Vi a --fl 2 N 0'66'e6'E eoo.o/' N 0'56'25"E 200.00' OI 97.46' 5" Pri No•56'25"6 225.00' P.O.E. No - 677< O T 6W.C.E.(/B6MORs36.37) 225.00' 07-50' /07.50' 5 5,4QA7-06A - SUNNYYAL L k0v QC \\ sI--\,. dv%•a* >2s-'E,-- 0 0h 90.00_ — _ t 9doo• ., Vl 38' 30' TRACT N0. 5220 BRIAN TERRACE BEING ALL OF LOT 5, TRACT NO. 3743 CUPERTINO TOWN CENTER CUPERTINO CALIFORNIA MAY, 1972 SCALE -.I°=40' KIRKER, CHAPMAN & ASSOCIATES 2940 SCOTT BOULEVARD, SANTA CLARA, CALIFORNIA P BASIS Or BEARINGS The bearing, North 00 56' 25" East, of the centerline of Torre Avenue as shown on the map of Tract 3743, Cupertino Town Center, recorded in Book 186 of Maps at Pages 36 and 37, Santa Clara County Records, was taken as the basis of bearings shown hereon. NOTES AND LEGEND All distances shown are in feet and decimals thereof. The blue border indicates the boundary of the land subdivided by this map. o Indicates set 3%4" I.P. with tag RCE 9704 unless otherwise noted. O Indicates Standard City Monument found. Indicates Private Uriveway Easement Indicates Public Utility Easement. 5eA121WQ AND 019TANCC- TA15L.E No. BEARING 7D 6'TAN G E Oi N O' 56" 25"E 25.00' O N 89' 00" 00' W g, 00' O3 N O 3!0" 25 e Z 15. 00' N 89' 00' 00+ W 2 5.00' U5 N 59' 00' 00`W 82.50 N 8'90 00' OO'kV 14 2. O 0' 0 N O' 56' 0e'E 5.00' 8 N o 56' 25 E 97. 50" 2) 5 60' OI' 4dE- 5. 00 sheet 2 of 7 Sheefs ' 7z _0s7