CC Reso No. 19-108 Adopting a Second Addendum to the Environmental Impact Report for the 2014 General Plan Amendment, Housing Element Update, and Associated Rezoning ProjectRESOLUTION NO. 19-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A SECOND ADDENDUM TO THE ENVIRONMENTAL IMPACT
REPORT FOR THE 2014 GENERAL PLAN AMENDMENT, HOUSING
ELEMENT UPDATE, AND ASSOCIATED REZONING PROJECT
SECTION I: PROTECT DESCRIPTION
Application No: GPA-2019-01, GPA-2019-02, MCA-2019-01, 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, the City Council is considering General Plan Amendments and associated j
Zoning Ordinance Amendments relating to the Vallco Shopping District Special Area;
and
WHEREAS, pursuant to the provisions of 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,
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CEQA Guidelines"), the City prepared a Final Environmental Impact Report (Final
EIR") for the General Plan Amendment, Housing Element Update, and Associated
Rezoning Project (State Clearinghouse No. 2014032007), which was a program EIR
prepared in compliance with California Environmental Quality Act Guidelines Section
15168; and
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WHEREAS, the City Council certified the Final EIR on December 4, 2014, approved the
General Plan Amendments and Associated Rezoning on December 4,2014 and December
16, 2014, respectively, approved the Housing Element Update on May 19, 2015, and
approved modifications to the text and figures of the General Plan on October 20, 2015
following adoption of an Addendum (together, the "Project"); and
WHEREAS, since certification of the Final EIR, the City has proposed modifications to
the Project for the Vallco Shopping District Special Area consisting of amendments to the j
General Plan to reflect that office uses are not permitted within the Vallco Shopping
District Special Area and remove the associated office development allocation, set height
limits for the area, and make other conforming/clarifying text edits to create density
Resolution No. 19-108
standards to permit up to 458 units with a minimum density of 29.7 units per acre (389
units) and a maximum density of 35 units per acre on designated parcels totaling 13.1
acres within the Vallco Shopping District Special Area; amendments to the Zoning Map
to rezone the 13.1 acres of Vallco Shopping District Special Area to Mixed Use Planned
Development with Multifamily (R3) Residential and General Commercial zoning
P(R3,CG)) and the remainder of the Special Area to General Commercial; and
amendments to Municipal Code Title 19 to remove references to the former Vallco Town
Center Specific Plan and identify development standards for the new P(R3,CG) zoning
designation in Chapter 19.80; and
WHEREAS, the proposed modifications will not result in any of the conditions requiring
preparation of a subsequent EIR as described in Public Resources Code Section 21166 and
CEQA Guidelines Section 15162; and
WHEREAS, the City has caused to be prepared a Second Addendum to the Final EIR
pursuant to CEQA Guidelines Section 15164; and
WHEREAS, the Second Addendum provides analysis and cites substantial evidence that
supports the conclusion that no subsequent environmental review is required because
there are no substantial changes in the Project or the circumstances under which the
Project is to be undertaken that would result in new or substantially more severe
environmental impacts requiring major revisions to the Final EIR, and there is no new
information that involves new significant environmental effects or a substantial increase
in the severity of previously identified environmental effects that would require
preparation of a subsequent EIR pursuant to Public Resources Code Section 21166 and
CEQA Guidelines Section 15162; 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 Second Addendum and adopted
Resolution No. 6884 recommending that the City Council adopt the Second Addendum
to the Final EIR; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Resolution; and
WHEREAS, prior to taking action on this Resolution, 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
modifications to the Project.
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Resolution No. 19-108
SECTION III: RESOLUTIONS
NOW, THEREFORE, BE IT RESOLVED:
After careful consideration of the, maps, facts, exhibits, testimony and other evidence
submitted in this matter, the City Council hereby takes the following actions:
1. Determines that the Second Addendum reflects the independent judgment of the
City.
12. Adopts the Second Addendum to the Final EIR for the modifications to the Vallco
Shopping District Special Area consisting of amendments to the General Plan,
Zoning Map and Municipal Code Title 19.
NOW, THEREFORE, BE IT FURTHER RESOLVED:
The foregoing recitals are true and correct and are included herein by reference as findings.
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PASSED AND ADOPTED this 20th day of August 2019, at a Regular Meeting of the City
Council of the City of Cupertino by the following vote:
AYES: Scharf, Paul, Willey
NOES: Sinks
ABSTAIN: None
ABSENT: Chao (Recused)
SIG
wWL
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Date
Grace Schmidt, City Clerk
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