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CC Packet, 9-3-2019 with just agenda and item 11 docsCITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber Tuesday, September 3, 2019 5:30 PM Televised Special Meeting Study Session (5:30) and Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, September 03, 2019, commencing at 5:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:30 PM STUDY SESSION 1.Subject: Study Session regarding Below Market Rate (BMR) Residential Housing Mitigation and Commercial Linkage Fees for the Cupertino BMR Housing Program. Application No(s).: CP-2019-01; Applicant(s): City of Cupertino; Location: Citywide Recommended Action: Receive update and provide any input to Staff Staff Report A – July 2019 Economic Feasibility Analysis prepared by Strategic Economics B – LeSar Development Consultants Peer Review C – Redline Draft Economic Feasibility Analysis prepared by Strategic Economics D –Strategic Economics Memorandum Regarding Peer Review ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS Page 1 09/03/19 1 of 532 City Council Agenda September 3, 2019 1.Subject: Present award to Vishnu Athrey from Saint Andrews Episcopal School for winning the Qalaxia Build_your_ BOT contest. Recommended Action: Present award to Vishnu Athrey from Saint Andrews Episcopal School for winning the Qalaxia Build_your_ BOT contest. 2.Subject: Proclamation for September as National Preparedness Month Recommended Action: Present Proclamation for September as National Preparedness Month POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. REPORTS BY COUNCIL AND STAFF (10 minutes) 3.Subject: Report on Committee assignments Recommended Action: Report on Committee assignments CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4.Subject: Approve the August 6 City Council minutes Recommended Action: Approve the August 6 City Council minutes A - Draft Minutes 5.Subject: Approve the August 20 City Council minutes Recommended Action: Approve the August 20 City Council minutes A - Draft Minutes 6.Subject: Resolution adopting the City of Cupertino's State-mandated Green Stormwater Infrastructure (GSI) Plan Page 2 09/03/19 2 of 532 City Council Agenda September 3, 2019 Recommended Action: Adopt Resolution No. 19-112 adopting the City of Cupertino's Green Stormwater Infrastructure (GSI) Plan which demonstrates the City's long-term commitment to implementation of green stormwater infrastructure as required by the City's Municipal Regional Stormwater Permit for the San Francisco Bay Region Staff Report A - GSI Plan B - GSI Plan Appendices C - GSI Plan Framework D - GSI Resolution 7.Subject: Award of contract to G. Bortolotto & Company, Inc. for $270,000 for 2019 Speed Table Installation Project No. 2019-112 Recommended Action: Authorize the City Manager to award a contract to G. Bortolotto & Company, Inc. in the amount of $246,100 and approve a construction contingency of $24,000 for a total of $270,000 for 2019 Speed Table Installation Project No. 2019-112 Staff Report A - Contract Documents 8.Subject: 2018-2019 Civil Grand Jury of Santa Clara County Report Entitled, "Inquiry into Governance of the Valley Transportation Authority" Recommended Action: Approval of response to the 2019-2019 Civil Grand Jury of Santa Clara County Report Entitled, "Inquiry into Governance of the Valley Transportation Authority" Staff Report A - Civil Grand Jury of Santa Clara County Report B - Response Letter to Civil Grand Jury of Santa Clara County 9.Subject: Amendment to existing voluntary collection agreement with Airbnb regarding transient occupancy taxes to allow certain short-term rental hosts to remit taxes directly to the City Recommended Action: Authorize the City Manager to enter into Amendment No. 1 to the voluntary collection agreement with Airbnb and to enter into other minor amendments to the voluntary collection agreement in the future Staff Report A - Draft Amendment to VCA B - VCA Staff Report 6.19.18 10.Subject: Library Commission Fiscal Year (FY) 2019-20 Work Program Recommended Action: Approve the Library Commission FY 2019-20 Work Program Staff Report A - Draft Library FY 2019-20 Work Program Page 3 09/03/19 3 of 532 City Council Agenda September 3, 2019 SECOND READING OF ORDINANCES 11.Subject: Second reading of Ordinance Nos. 19-2187 and 19-2188 adopting Zoning Text and Map Amendments related to the Vallco Shopping District Special Area. Application No(s).: MCA-2019-02, Z-2019-01 (EA-2013-03); Applicant(s): City of Cupertino; Location: 10101 to 101333 North Wolfe Road 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) Recommended Action: Conduct the second reading and enact: 1. Ordinance No. 19-2187 (MCA-2019-01): "An Ordinance of the City Council of the City of Cupertino eliminating references in the Municipal Code to the Vallco Town Center Specific Plan and adding language establishing development standards for a new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG))" and 2. Ordinance No. 19-2188 (Z-2019-01): "An Ordinance of the City Council of the City of Cupertino amending the zoning map to rezone 13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the remainder of the Special Area to General Commercial (CG)" Staff Report A - Ordinance No. 19-2187 (MCA-2019-01) - Municipal Code Amendments B - Ordinance No. 19-2188 (Z-2019-01) - Zoning Map Amendments C - Area to be zoned P(R3, CG) PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 12.Subject: Application and Review Procedures for Projects Proposed Pursuant to Senate Bill 35 (Application No(s): CP-2019-04; Applicant(s): City of Cupertino; Location: Citywide) Recommended Action: That the City Council find adoption of the proposed Resolution exempt from CEQA, adopt Resolution No. 19-113 for Application and Review Procedures for Projects proposed pursuant to Senate Bill 35, and review and provide any input on the Draft Senate Bill 35 Application Package. Page 4 09/03/19 4 of 532 City Council Agenda September 3, 2019 Staff Report A - Draft Resolution B - SB 35 Application Package and Forms C - Staff Report without attachments (SB 35 item) D - SB 35 Procedures CC Supplemental Staff Report E - SB 35 Statute as Amended F - HCD Guidelines (SB 35 Item) G - Comments from PC and CC (SB 35 item) H - Draft Resolution with redlines I - SB35 Application Package with redlines 13.Subject: Options for unofficial transcription of City Council meetings (continued from July 16) Recommended Action: Receive options for unofficial transcription of City Council meetings and provide direction to staff to use the free YouTube auto-captioning feature for transcription of Council meetings. Staff Report ORAL COMMUNICATIONS - CONTINUED (As necessary) COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS ADJOURNMENT The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council 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, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, Page 5 09/03/19 5 of 532 City Council Agenda September 3, 2019 10300 Torre Avenue, during normal business hours and in Council 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 City Council 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 Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council 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. Page 6 09/03/19 6 of 532 CITY COUNCIL STAFF REPORT Meeting: September 3, 2019 Subject Second reading of Ordinance Nos. 19-2187 and 19-2188 adopting Zoning Text and Map Amendments related to the Vallco Shopping District Special Area. (Application No(s).: MCA-2019-02, Z-2019-01 (EA-2013-03); Applicant(s): City of Cupertino; Location: 10101 to 101333 North Wolfe Road 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) Recommended Actions Conduct the second reading and enact: 1. Ordinance No. 19-2187 (MCA-2019-01), an ordinance eliminating references in the Municipal Code to the Vallco Town Center Specific Plan and adding language establishing development standards for a new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)) Attachment A); and 2. Ordinance No. 19-2188 (Z-2019-01), an ordinance amending the zoning map to rezone 13.1 acres within the Vallco Shopping District Special Area to Mixed Use Planned Development with Multifamily (R3) Residential zoning P(R3,CG) and General Commercial uses and the remainder of the Special Area to General Commercial (CG) Attachment B). Discussion On August 20, 2019 the City Council introduced and conducted the first reading of Ordinance Nos. 19-2187 and 19-2188. The motions passed on a 3-0-1 vote (No – Sinks, Recuse – Chao). The City Council motion for Ordinance No. 19-2187 included incorporation of amendments shown on dais materials provided to Council. The Council also identified the portion of the site to be zoned P(R3, CG) (see Attachment C). 09/03/19 390 of 532 Environmental Review Pursuant to the requirements of the California Environmental Quality Act (CEQA), a Second Addendum to the Final Environmental Impact Report (EIR) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007), a program EIR prepared in compliance with California Environmental Quality Act (CEQA) Guidelines Section 15168, was prepared. As demonstrated in the Second Addendum and response to comments, the record includes substantial evidence in support of the conclusion that no subsequent environmental review is required because none of the conditions that would require preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 have occurred. Fiscal Impact None Next Steps These zoning ordinances will not take effect unless and until General Plan Amendment GPA-2019-02, re-designating the site, becomes effective. Prepared by: Gian Paolo Martire, Senior Planner Reviewed by: Piu Ghosh, Planning Manager Benjamin Fu, Director of Community Development Approved for Submission by: Deborah Feng, City Manager ATTACHMENTS: A – Ordinance No. 19-2187 B – Ordinance No. 19-2188 C – Area to be zoned P(R3, CG) 09/03/19 391 of 532 ORDINANCE NO. 19-2187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ELIMINATING REFERENCES IN THE MUNICIPAL CODE TO THE VALLCO TOWN CENTER SPECIFIC PLAN AND ADDING LANGUAGE ESTABLISHING DEVELOPMENT STANDARDS FOR A NEW MIXED USE PLANNED DEVELOPMENT WITH MULTIFAMILY (R3) RESIDENTIAL AND GENERAL COMMERCIAL ZONING DESIGNATION (P(R3,CG)) SECTION I: PROJECT DESCRIPTION Application No: MCA-2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd APN#s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20- 095, 316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316- 20-105, 316-20-106, 316-20-107 SECTION II: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Vallco Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units at a minimum density of 20 units per acre and a maximum density of 35 units per acre and provides that if a specific plan is not adopted by May 31, 2018, the City will consider removing the Special Area as a Priority Housing Site; and WHEREAS, as required by Housing Element Strategy 1, at a study session on June 18, 2019 the City Council considered removing the Vallco Shopping District Special Area as a Priority Housing Site; and WHEREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to retain the Vallco Shopping District Special Area as a Priority Housing Site, and City Council directed staff to prepare a General Plan Amendment for its consideration to permit 389 residential units by right within the Vallco Shopping District Special Area to accommodate the City's Regional Housing Need Allocation (RHNA) consistent with the Housing Element and Government Code Section 65863; and WHEREAS, following a duly noticed public hearing on August 20, 2019, and prior to the Council’s consideration of the Municipal Code amendments, the Council adopted Resolution No. 19-109, approving a General Plan Amendment to remove office uses as 09/03/19 392 of 532 a permitted land use within the Vallco Shopping District Special Area and remove the associated office development allocation, and Resolution No. 19-110, approving a General Plan Amendment to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area; and WHEREAS, the Ordinance amends the City's Municipal Code to add a new zoning category, Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)), to the text of the Municipal Code that includes development standards enabling the mixed use or residential-only development contemplated for the Vallco Shopping District Special Area; and WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare, and the amendments herein are necessary to implement the Housing Element of the General Plan as adopted; and WHEREAS, the City has prepared a Second Addendum (“Second Addendum”) to the Final Environmental Impact Report (“Final EIR”) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007) for modifications to the General Plan and zoning affecting the Vallco Shopping District Special Area in compliance with the California Environmental Quality Act (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”); 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 July 30, 2019 to consider the Ordinance; and WHEREAS, on July 30, 2019, the Second Addendum was presented to the Planning Commission; and WHEREAS, on July 30, 2019, by Resolution 6884, the Planning Commission recommended on a 4-0 vote (Commissioner Moore recused) that the City Council adopt a General Plan Amendment solely to impose height limitations within the Vallco Shopping District Special Area subject to certain conditions and recommended that the City Council adopt the Second Addendum for modifications to the Project (as defined in Resolution No. 19-108) affecting the Vallco Shopping District Special Area; and WHEREAS, on August 20, 2019 and _______________, upon due notice, the City Council has held at least two public hearings to consider the Municipal Code Amendment; and WHEREAS, on August 20, 2019, by Resolution No. 19-108, the City Council adopted the Second Addendum to the Final EIR (EA-2013-03); and 09/03/19 393 of 532 WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the Municipal Code Amendments included in the Ordinance. SECTION III NOW, THEREFORE, BE IT ORDAINED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby adopts the Municipal Code amendments based on the findings described above, the public hearing record, 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. The City Council finds the following as set forth by Municipal Code 19.152.020.C: 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 permit at least 389 dwelling units in the Vallco Shopping District Special Area. The General Plan Amendments (adopted at the August 20, 2019 City Council meeting with Resolution Nos. 19-109 and 19-110) modify the Land Use Element of the General Plan to remove office as a permitted use within the Vallco Shopping District Special Area and define development standards that will allow residential development by right on 13.1 acres at a maximum density of 35 dwelling units per acre. The proposed municipal code amendments would rezone the properties within the Vallco Shopping District Special Area for consistency with the General Plan, as amended by General Plan Amendments GPA-2019-01 and GPA-2019-02, and other relevant portions of the Municipal Code. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has prepared a Second Addendum Final EIR for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project that analyzes the potential environmental effects of the proposed zoning amendments. The City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which 09/03/19 394 of 532 concludes that no further environmental review is required for the proposed zoning amendments to comply with 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. The proposed zoning would implement the Housing Element and the Land Use Element of the General Plan, as amended by General Plan Amendments GPA-2019-01 and GPA- 2019-02, which include development standards to permit at least 389 residential units and complementary commercial uses on the site, which are compatible with anticipated land use development in the area. 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 without exceeding the vision for housing and complementary commercial development required in the Housing Element and Land Use Element of the General Plan, as amended by General Plan Amendments GPA-2019-01 and GPA-2019-02. 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 the Housing Element and Land Use Element of the City's General Plan, as amended by General Plan Amendments GPA- 2019-01 and GPA-2019-02. Additionally, where health or safety impacts have been identified in the Final EIR, mitigation measures have been identified which would be applicable to any development on these sites. Section 3. The City Council approves the Amendments to the Municipal Code Application No. MCA-2019-01) as shown in Exhibit A and authorizes the staff to make grammatical, typographical, numbering, and formatting changes necessary to assist in production of the final published Municipal Code. Section 4. 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 09/03/19 395 of 532 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 5. The City Council directs the Director of Community Developme nt to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA and the CEQA guidelines. Section 6 This Ordinance shall not take effect unless and until General Plan Amendment GPA-2019-02 becomes effective. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20th day of August, 2019 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____day of ___________, 2019 by the following vote: AYES: NOES: ABSTAIN: ABSENT: SIGNED: Steven Scharf, Mayor City of Cupertino Date ATTEST: Grace Schmidt, City Clerk Date APPROVED AS TO FORM: Heather Minner, City Attorney Date 09/03/19 396 of 532 Exhibit A 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. Table 19.12.030 - Approval Authority Type of Permit or Decision A, B Administrat ive Review Desig n Revie w Comm ittee Plannin g Commi ssion City Coun cil Public Hearing/ Public Meeting/ Commen t Period C Noticing/ Noticing Radius D Post ed Site Noti ce Expirati on Date E Chapter/ Findings General Plan Amendment Major F - - R F PH CA. Govt. Code 65350- 65362 Yes - CA. Govt. Code 65350- 65362 Minor G - - R F PH Yes - Zoning Map Amendments Major F - - R F PH CA. Govt. Code 65853- 65857 Yes - 19.152.0 20 Minor G - - R F PH Yes - Zoning Text Amendments R F PH CA. Govt. Code 65853- 65857 19.152.0 30 Specific Plans R F PH CA. Govt. Code 65350- 65362 20.04.03 0 Development Agreements R F PH CA. Govt. Code 65867 Yes - 19.144.1 20 Development Permits Major F, H - - F/R A1/F PM 19.12.11 0/300' Yes 2 years 19.156.0 50 Minor G F - A1 A2 PM Yes 2 years 09/03/19 397 of 532 Table 19.12.030 - Approval Authority Type of Permit or Decision A, B Administrat ive Review Desig n Revie w Comm ittee Plannin g Commi ssion City Coun cil Public Hearing/ Public Meeting/ Commen t Period C Noticing/ Noticing Radius D Post ed Site Noti ce Expirati on Date E Chapter/ Findings Conditional Use Permits Major F, H, I F - A1/F/R A1/ A2/F PH CA. Govt. Code 65905 Yes 2 years 19.156.0 50 Minor G, I F - A1/F/R A1/ A2/F PH Yes 2 years Temporary F - A1 A2 - None No 1 year None 19.160.0 30 Density Bonus Residential) R F Based on concurre nt applicatio n 19.52 Adult- Oriented Commercial Activity CUP) R F PH CA. Govt. Code 65905/30 0' Yes 2 years 19.128.0 30 & 19.128.0 40 Architectural and Site Approval Major J F - A1 A2 PM 19.12.11 0/ Yes 2 years 19.168.0 30 Minor K F - A1 A2 PM Yes 2 years Amendment Major F, H - - F A1 Varies L Depends on permit being amended L Yes 2 years 19.44, 19.144, 19.156, 19.164MinorGF - A1 A2 Varies L Yes 2 years Minor Modification F - A1 A2 - None No 2 years 19.164 Hillside Exception/ Height Exception/ F A1 PH 19.12.11 0/300' Yes 2 years 19.40.08 0, 19.24.07 0, 09/03/19 398 of 532 Table 19.12.030 - Approval Authority Type of Permit or Decision A, B Administrat ive Review Desig n Revie w Comm ittee Plannin g Commi ssion City Coun cil Public Hearing/ Public Meeting/ Commen t Period C Noticing/ Noticing Radius D Post ed Site Noti ce Expirati on Date E Chapter/ Findings Heart of the City Exception I 19.136.0 90 Variance F - A1 A2 PH CA. Govt. Code 65905 Yes 2 years 19.156.0 60 Status of non- conforming Use F A1 PH 19.12.11 0/300' Yes - 19.140.1 10 Wireless Antennas I F - F/ A1 A2 Varies I Depends on applicatio n type Yes 2 years 19.136.0 90 Signs Permits F - A1 A2 - None No 1 year 19.104 Neon, Reader board Freeway Oriented Signs I F F A1 M PM 19.12.11 0/300' No 1 year 19.104 Programs F - A1 A2 - None No 1 year 19.104 Exceptions I - F - A1 M PM 19.12.11 0/ Adjacent Yes 1 year 19.104.2 90 Parking Exceptions I F F A1 A1 M A2 Varies N 19.12.11 0/ Adjacent/ 300' O Yes 1 year 19.124.0 50 Fence Exceptions F - A1 L PM 19.12.11 0/ Adjacent Yes 1 year 19.48.06 0 09/03/19 399 of 532 Table 19.12.030 - Approval Authority Type of Permit or Decision A, B Administrat ive Review Desig n Revie w Comm ittee Plannin g Commi ssion City Coun cil Public Hearing/ Public Meeting/ Commen t Period C Noticing/ Noticing Radius D Post ed Site Noti ce Expirati on Date E Chapter/ Findings Front Yard Interpretation F - A1 A2 PM 19.12.11 0/ Adjacent Yes 1 year 19.08 R-1 Ordinance Permits Two-story I F F F/A1 A1 L A2 Varies I 19.12.11 0/ Adjacent Yes 1 year 19.28.14 0 Minor Residential F - A1 A2 CP No 1 year Exceptions I - F - A1 M PM Yes 1 year Protected Trees Tree Removal F - A1 A2 CP Adjacent unless exempt Yes 1 year 14.18.18 0 Heritage Tree Designation Removal F A1 PM 19.12.11 0/ 300' Yes - 14.18 Tree Management Plan F - A1 A2 - None No - 14.18 Retroactive Tree Removal F - A1 A2 - None No - 14.18 Reasonable Accommodati on F - A1 A2 - None No 1 year 19.52.05 0 Extensions P Parking, Fence & Sign Exceptions & Front Yard Interpretation s F - A1 A2 - None No 1 year Neon, Reader board F A1 A2 - None No 1 year 09/03/19 400 of 532 Table 19.12.030 - Approval Authority Type of Permit or Decision A, B Administrat ive Review Desig n Revie w Comm ittee Plannin g Commi ssion City Coun cil Public Hearing/ Public Meeting/ Commen t Period C Noticing/ Noticing Radius D Post ed Site Noti ce Expirati on Date E Chapter/ Findings Freeway Oriented Signs Two Story Permits, Minor Residential Permits and Exceptions F A1 A2 - None No 1 year Tree Removals F - A1 A2 - - No 1 year All other projects F - A1 A2 - 19.12.11 0/ None No 2 years For permits within the Vallco Town Center Zone - see Vallco Town Center Specific Plan KEY: R—Review and recommendation body F—Final decision-making body unless appealed A1—Appeal Body on first appeal A2—Appeal body on second appeal PH—Public Hearing PM—Public Meeting CP—Comment Period 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. 09/03/19 401 of 532 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 requir ed 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. O. Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones 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. 19.16.010 Zoning Districts Designated. B. In addition to the zones identified in Table 19.16.010A, the City may establish separate zoning districts in individual specific plans adopted to promote the orderly development of the plan area. These zoning districts are identified in Table 19.16.010B below: Table 19.16.010B - Specific Plan Districts Zoning Map Designation Specific Plan Name Heart of the City Heart of the City VTC Vallco Town Center Vallco Town Center Land uses and development standards within a specific plan zone shall be as prescribed in the specific plan. 09/03/19 402 of 532 19.16.030 Zoning Map and District Boundaries. A. The boundaries of districts established by this title shall be shown upon the zoning map. The zoning map, and all amendments, changes, and extensions thereof, and all legends, symbols, notations, references, and other matters shown thereon shall be a part of this title. B. The zoning map, as currently effective, and a record of all amendments, changes and extensions thereof, shall be maintained as a public record in the office of the Director of Community Development. C. The boundaries of each district as shown upon the zoning map, or amendments thereto, are adopted by the ordinance codified in this title, and the specific regulations established by this title for each general district and all other regulations applicable therein as set forth in this title are established and declared to be in effect upon all portions of lands included within the boundaries of each and every district as shown upon the zoning map. 19.16.060 Application of Regulation to Sites Divided by Zone Boundaries. Whenever it is found, pursuant to Section 19.28.050, that a lot or site is divided by a boundary between districts, the provisions of the zoning regulations applicable within each district shall apply only to each the portion of this site situated in each a separate district. 19.80.030 Establishment of Districts–Permitted and Conditional Uses and Development Standards. A. Planned development zoning districts may be established, modified or removed from the zoning map, and the regulations applicable to any planned development district may be established, modified or deleted in accord with the procedures described in this chapter. B. All P districts shall be identified on the zoning map with the letter coding "P" followed by a specific reference to the general type of use allowed in the particular planning development zoning district. For example, a planned development zoning district in which the uses are to be general commercial in nature, would be designated P(CG)." A planned development zoning district in which the uses are intended to be a mix of general commercial and residential would be designated "P(CG/Res)." C. Permitted uses in a P zoning district shall consist of all uses which are permitted in the zoning district which constitutes the designation following the letter coding P." For example, the permitted uses in a P(CG) zoning district are the same uses 09/03/19 403 of 532 which are permitted in a CG zoning district for sties with a mixed-use residential designation, Section 19.80.030F shall apply. D. Conditional uses in a P zoning district shall consist of all uses which require the issuance of a conditional use permit in the zoning district which constitutes the designation following the letter coding "P." For example, the conditional uses in a P(CG) zoning district are the same uses which require a conditional use permit in CG zoning district. Each conditional use in a P zoning district requires a separate conditional use permit for sites with a mixed-use residential designation, Section 19.80.030F shall apply. E. The general category of uses in a P zone shall be defined at the time of the conceptual plan, and shall be consistent with the adopted General Plan relative to the property in the application. The development standards and regulations of the permitted and conditional uses shall be established in conjunction with the approval of the conceptual and definitive plans, unless specifically identified in Section 19.80.030F below. Developments which are not subject to discretionary approval by the City must comply with the development standards of the underlying zoning district. F. For sites with a mixed-use residential designation the following shall apply: 1. For sites in the Monta Vista Village Special Area, residential shall be a permitted use. 2. If a site is listed as a Priority Housing Site in the City’s adopted Housing Element of the General Plan, then residential development that does not exceed the number of units designated for the site in the Housing Element shall be a permitted use. 3. Residential development on sites not designated as Priority Housing Sites in the City’s adopted Housing Element of the General Plan and residential development on a Priority Housing Site that exceeds the number of units designated for that Priority Housing Site shall be a conditional use. 4. Priority Housing Sites shall be shown on the City’s zoning map. 5. For sites zoned P(R3, CG), no conceptual or definitive plans shall be required to establish permitted and conditional uses. Multifamily residential use is the primary permitted use. Commercial uses may be incorporated into the development on the ground floor but shall not be the primary permitted use. G. For sites which require a specific plan prior to development approval, the permitted and conditional uses and all development regulations shall be as shown in the specific plan. 09/03/19 404 of 532 ORDINANCE NO. 19-2188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE ZONING MAP TO REZONE 13.1 ACRES WITHIN THE VALLCO SHOPPING DISTRICT SPECIAL AREA TO MIXED USE PLANNED DEVELOPMENT WITH MULTIFAMILY (R3) RESIDENTIAL ZONING P(R3,CG) AND GENERAL COMMERCIAL USES AND THE REMAINDER OF THE SPECIAL AREA TO GENERAL COMMERCIAL (CG) SECTION I: PROJECT DESCRIPTION Application No: Z-2019-01 Applicant: City of Cupertino Location: 10101 to 10333 N Wolfe Rd APN#s: 316-20-080, 316-20-081, 316-20-088, 316-20-092, 316-20-094, 316-20- 095, 316-20-099, 316-20-100, 316-20-101, 316-20-103, 316-20-104, 316- 20-105, 316-20-106, 316-20-107 SECTION II: RECITALS WHEREAS, Strategy 1 in the Housing Element of the Cupertino General Plan identifies the Vallco Shopping District Special Area as being appropriate to accommodate at least 389 dwelling units at a minimum density of 20 units per acre and a maximum density of 35 units per acre and provides that if a specific plan is not adopted by May 31, 2018, the City will consider removing the Special Area as a Priority Housing Site; and WHEREAS, as required by Housing Element Strategy 1, at a study session on June 18, 2019 the City Council considered removing the Vallco Shopping District Special Area as a Priority Housing Site; and WHEREAS, after consideration of its options at the June 18, 2019 study session, the City Council provided direction to staff to retain the Vallco Shopping District Special Area as a Priority Housing Site, and City Council directed staff to prepare a General Plan Amendment for its consideration to permit 389 residential units by right within the Vallco Shopping District Special Area to accommodate the City's Regional Housing Need Allocation (RHNA) consistent with the Housing Element and Government Code Section 65863; and WHEREAS, following a duly noticed public hearing on August 20, 2019, and prior to the Council’s consideration of the Master Zoning Map amendments, the Council adopted Resolution No. 19-109, approving a General Plan Amendment to remove office 09/03/19 405 of 532 uses as a permitted land use within the Vallco Shopping District Special Area and remove the associated office development allocation, and Resolution No. 19-110, approving a General Plan Amendment to establish height limits and enact development standards for residential uses within the Vallco Shopping District Special Area; and WHEREAS, the Ordinance amends the City's Master Zoning Map apply the new Mixed Use Planned Development with Multifamily (R3) Residential and General Commercial zoning designation (P(R3,CG)) created in MCA-2019-01 to the Vallco Shopping District Special Area; and WHEREAS, the Ordinance is consistent with the City's General Plan and the public health, safety, convenience, and general welfare, and the amendments herein are necessary to implement the Housing Element of the General Plan as adopted; and WHEREAS, the City has prepared a Second Addendum (“Second Addendum”) to the Final Environmental Impact Report (“Final EIR”) for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007) for modifications to the General Plan and zoning affecting the Vallco Shopping District Special Area in compliance with the California Environmental Quality Act (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”); 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 July 30, 2019 to consider the Ordinance; and WHEREAS, on July 30, 2019, the Second Addendum was presented to the Planning Commission; and WHEREAS, on July 30, 2019, by Resolution 6884, the Planning Commission recommended on a 4-0 vote (Commissioner Moore recused) that the City Council adopt a General Plan Amendment solely to impose height limitations within the Vallco Shopping District Special Area subject to certain conditions and recommended that the City Council adopt the Second Addendum for modifications to the Project (as defined in Resolution No. 19-108) affecting the Vallco Shopping District Special Area; and WHEREAS, on August 20, 2019 and _______________, upon due notice, the City Council has held at least two public hearings to consider the Master Zoning Map Amendment; and WHEREAS, on August 20, 2019, by Resolution No. 19-108, the City Council adopted the Second Addendum to the Final EIR (EA-2013-03); and 09/03/19 406 of 532 WHEREAS, the City Council of the City of Cupertino is the decision-making body for this Ordinance; and WHEREAS, prior to taking action on this Ordinance, the City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which concludes that no further environmental review is required for the Master Zoning Map amendments included in the Ordinance. SECTION III NOW, THEREFORE, BE IT ORDAINED: After careful consideration of the, maps, facts, exhibits, testimony and other evidence submitted in this matter, the City Council hereby adopts the Master Zoning Map amendments based on the findings described above, the public hearing record, 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. The City Council finds the following as set forth by Municipal Code 19.152.020.C: 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 permit at least 389 dwelling units in the Vallco Shopping District Special Area. The General Plan Amendments (adopted at the August 20, 2019 City Council meeting with Resolution Nos. 19-109 and 19-110) modify the Land Use Element of the General Plan to remove office as a permitted use within the Vallco Shopping District Special Area and define development standards that will allow residential development by right on 13.1 acres at a maximum density of 35 dwelling units per acre. The proposed municipal code amendments would rezone the properties within the Vallco Shopping District Special Area for consistency with the General Plan, as amended by General Plan Amendments GPA-2019-01 and GPA-2019-02, and other relevant portions of the Municipal Code. 2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has prepared a Second Addendum Final EIR for the General Plan Amendment, Housing Element Update, and Associated Rezoning Project that analyzes the potential environmental effects of the proposed zoning amendments. The City Council has exercised its independent judgment and reviewed and considered the information in the Second Addendum, which 09/03/19 407 of 532 concludes that no further environmental review is required for the proposed zoning amendments to comply with 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. The proposed zoning would implement the Housing Element and the Land Use Element of the General Plan, as amended by General Plan Amendments GPA-2019-01 and GPA- 2019-02, which include development standards to permit at least 389 residential units and complementary commercial uses on the site, which are compatible with anticipated land use development in the area. 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 without exceeding the vision for housing and complementary commercial development required in the Housing Element and Land Use Element of the General Plan, as amended by General Plan Amendments GPA-2019-01 and GPA-2019-02. 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 the Housing Element and Land Use Element of the City's General Plan, as amended by General Plan Amendments GPA- 2019-01 and GPA-2019-02. Additionally, where health or safety impacts have been identified in the Final EIR, mitigation measures have been identified which would be applicable to any development on these sites. Section 3. The City Council approves amendments to the Master Zoning Map as shown in Exhibit A. Section 4. 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 09/03/19 408 of 532 other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section 5. The City Council directs the Director of Community Development to file a Notice of Determination with the Santa Clara County Recorder in accordance with CEQA and the CEQA guidelines. Section 6 This Ordinance shall not take effect unless and until General Plan Amendment GPA-2019-02 becomes effective. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20th day of August, 2019 and ENACTED at a regular meeting of the City Council of the City of Cupertino the ____day of ___________, 2019 by the following vote: AYES: NOES: ABSTAIN: ABSENT: SIGNED: Steven Scharf, Mayor City of Cupertino Date ATTEST: Grace Schmidt, City Clerk Date APPROVED AS TO FORM: Heather Minner, City Attorney Date 09/03/19 409 of 532 6WHYHQV UHHNOYG1ROIH5G$ XEXUQ W' UDNH W) LQFK YH( VWDWHVU:KHDWRQU PKHUVW U XEXUQ U 0HUULWW U U D N H U 1RUZLFK YH9DOOFR 3NZ\'HQLVRQ YH& ROE\YH3HULPHWHU 5GP( MP, CG) P(Hotel)R1- 7.5 P( CG, OP, Res)CG P(CG, OP, ML, Res)P(CG, Res)P( R3,CG)CG 5(=21(5(6 2) 7+(6,7( 6 3 5 1'5(0$, 1'(5 2) 1 The zoning on assessors’ parcels in the table below was amended in September 2018 (Ord. Z-2018-2178) in connection with the City’s approval of the Vallco Specific Plan. The adoption of that Zoning Ordinance has been challenged and thus the validity of the zoning code amendments therein is uncertain. See, e.g., Midway Orchards v. County of Butte (1990) 220 Cal.App.3d 765. The table shows the zoning as adopted in September 2018, and the parcels’ zoning as existing before that date. APN Zoning Prior to Ord. Z-2018-2178 Adoption Zoning Proposed by Ord. Z-2018-2178 1 New Zoning 316-20-080 P(CG) Vallco Town Center CG 316-20-081 P(CG) Vallco Town Center CG 316-20-088 P(Regional Shopping) Vallco Town Center CG 316-20-092 P(Regional Shopping) Vallco Town Center CG 316-20-094 P(Regional Shopping) Vallco Town Center CG and P(R3, CG) as indicated on map above 316-20-095 P(Regional Shopping) Vallco Town Center P(R3, CG) 316-20-099 P(Regional Shopping) Vallco Town Center CG and P(R3, CG) as indicated on map above 316-20-100 P(Regional Shopping) Vallco Town Center CG and P(R3, CG) as indicated on map above 316-20-101 P(Regional Shopping) Vallco Town Center CG 316-20-104 P(Regional Shopping) Vallco Town Center CG 316-20-105 P(Regional Shopping) Vallco Town Center CG 316-20-106 P(Regional Shopping) Vallco Town Center CG 316-20-107 P(Regional Shopping) Vallco Town Center CG 09/03/19 411 of 532 Potential Location D: East of Wolfe Road and North of Vallco Parkway N. Wolfe Road Vallco Pkway N 13.1 ac. StevensCreekBlvdAttachment C09/03/19