ORDINANCE NO. 24 –
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO REZONING CERTAIN SITES
IN THE CITY FOR CONFORMANCE WITH GENERAL PLAN
AND HOUSING ELEMENT
SECTION I: PROJECT DESCRIPTION
Application No: Z‐2023‐001
Applicant: City of Cupertino
Location: Citywide
SECTION II: RECITALS
WHEREAS, state law requires the City to prepare and adopt an updated Housing Element every eight years to accommodate its fair share of housing and identify housing needs, resources and opportunities;
WHEREAS, pursuant to State Housing Law, the City prepared and presented a draft 6th Cycle Housing Element to the California Department of Housing and Community Development (HCD) on March 28, 2024,
WHEREAS, HCD informed the City in a l etter dated April 10, 2024 that the proposed Draft Housing Element is conditionally certified, pending rezoning of the Priority Housing Sites, and any associated rezoning required, to accommodate the City’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, pursuant to State Housing Law, the City Council adopted the City’s 6th Cycle Housing Element on May 14, 2024 with Resolution 24‐039; and WHEREAS, the Municipal Code amendment will be consistent with the Cityʹs General Plan land use map, proposed uses and surrounding uses; and WHEREAS, the necessary public notices have been given as required by the Municipal Code of the City of Cupertino and the Government Code, and the Planning Commission held a public hearing on June 11, 2024 to consider the project; and WHEREAS, based on substantial evidence in the administrative record, on June 11, 2024 the Planning Commission recommended that the City Council approve the Zoning Map Amendments, Z-2023-001, in substantially similar form to the Resolution presented (Resolution no. 2024-11); approve the Specific Plan Amendments (SPA-2024-001) and amendments to the Below Market Rate Housing Mitigation Manual (CP-2024-002) in substantially similar form to the Resolution presented (Resolution no. 2024-10) and did not make a recommendation to the City Council as it related to the Municipal Code Amendments required to conform with the General Plan and Housing Element and other minor clean up text edits (MCA-2023-001); and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing on July 2, 2024, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and wai ved the reading thereof; and
WHEREAS, the City Council of the City of Cupertino is the decision‐making body for this
Ordinance;
WHEREAS, the City entered into a Stipulated Judgement dated January 8, 2024 pursuant to
a lawsuit related to adoption of the Housing Element which included requirements for coming
into compliance with state housing element law and exempted the City from the California
Environmental Quality Act (“CEQA”) pursuant to Government Code section 65759; and
WHEREAS, pursuant to Government Code 65759, the General Plan Amendment to adopt the Housing Element and associated amendments to the General Plan and zoning is fully described and analyzed in the Environmental Assessment, which is incorporated into
the General Plan as Appendix G;
WHEREAS, the City Council finds the following:
1. That the proposed zoning is in accord with the Municipal Code and the Cityʹs Comprehensive General Plan.
The proposed zoning is in conformance with the General Plan since the City Council adopted amendments to the General Plan, including changes to land use designations, in May 2024 with adoption of the Housing Element. These changes are mere conforming changes to make the City’s zoning map conform to the land use map. Additionally, some minor changes to the colors on the map are to reflect changes to the legend to accommodate new zoning designations.
2. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA).
Pursuant to Govt. Code Section 65759, the zoning actions related to bringing the City’s Housing Element into compliance with state law are exempt from CEQA. An Environmental Assessment was prepared, also in compliance with state law. This Environmental Assessment identified all feasible mitigation measures and was adopted as Appendix G – General Plan 2040 and Zoning Code Amendments Environmental Assessment of the General Plan as required by state law. The site(s) are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the proposed zoning designation(s) and anticipated land use development(s).
The sites being rezoned have access to utilities and are compatible with adjoining land uses.
3. The proposed zoning will promote orderly development of the City.
The proposed zoning aligns zoning with the City’s General Plan land use goals and policies related to locating higher density development close to transit corridors. The sites being rezoned will promote orderly development in the City by allowing similar land uses to be located compatibly. The proposed changes also allow the City to comply with the requirements of state law related to housing.
4. 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. Additionally, where health or safety impacts have been identified mitigation measures have been identified which would be applicable to any development on these sites, including those implemented through the City’s existing Municipal Code requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 1. Rezoning.
That the property described in attached Exhibits Z‐1 have a zoning designation as that shown, and is incorporated into the Master Zoning Map (Exhibit Z‐2) of the City of Cupertino and the Heart of the City Specific Plan Area Zoning Map (Exhibit Z‐3), which is also incorporated into the Master Zoning Map; and
Section 2. Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.
Section 3. California Environmental Quality Act.
Adoption of these zoning amendments to allow implementation of the Housing Element is exempted from the California Environmental Quality Act (“CEQA”) pursuant to Government Code section 65759.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days from and after adoption as provided by Government Code Section 36937.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of ___________ 2024 and ENACTED at a regular meeting of the Cupertino City Council on this ____ day of ___________ 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Sheila Mohan, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
EXHIBIT Z‐1
APN Acres Existing Zoning Designation New Zoning
316 23 027 0.64 P(CG, Res) R4
369 03 005 0.47 P(CG, Res) R4
326 34 047 1.09 P(CG, Res) R4
359 07 006 0.32 P(CG, Res) R4
375 06 006 1.71 P(CG, Res) R4
375 06 007 0.96 P(CG, Res) R4
316 21 031 1.81 P(CG, Res) R4
316 23 026 1.78 P(CG, Res) R4
326 32 050 0.83 P(CG, Res) R4
326 27 053 0.75 T R4
323 36 018 0.42 P(CG) R4
316 04 064 0.44 A1‐43 R3/TH
369 37 022 0.39 R3 R4
369 37 023 0.22 R3 R3/TH
369 37 024 0.17 R3 R3/TH
369 34 053 0.54 P(CG) R3/TH
359 18 044 0.26 P(CG) R4
366 10 121 1.34 P(CG, Res 5‐15) R3/TH
366 10 137 0.92 P(CG, Res 5‐15) R3/TH
366 19 047 2.33 P(CG, Res 5‐15) R4
366 19 078 0.08 P(CG, Res 5‐15) R4
359 09 017 1.00 P(CG, Res) R4
316 20 088 5.16 CG R4
359 13 019 0.99 R1‐10 R3
356 06 001 0.73 R1‐7.5 R3/TH
356 06 002 0.69 R1‐7.5 R3/TH
356 06 003 0.25 R1‐7.5 R3/TH
356 06 004 0.87 R1‐7.5 R3/TH
362 31 001 0.25 P(R3) R3/TH
362 31 030 0.23 P(R3) R3/TH
326 20 034 1.34 R1‐10 R3/TH
316 23 093 1.35 P(CG, Res) P (CG/R4)
316 23 036 0.24 P(CG, Res) P (CG/R4)
369 06 002 0.9 P(CG, Res) P (CG/R4)
EXHIBIT Z‐1
1 Land Use designation and residential density changed only for a 178 feet by 208 feet portion of this site on the western portion closest to Stevens Creek Boulevard as shown in Santa Clara County Assessor’s Office’s records Book 359 Page 8 (Revised 2022‐2023). 2 Land Use designation and residential density changed only for a 180.75 feet by 180.75 feet portion of the northwest corner of the site is rezoned as shown in Santa Clara County Assessor’s Office’s records Book 359 Page 20 (Revised 2022‐2023). rezoned as shown in Santa Clara County Assessor’s Office’s records Book 359 Page 20 (Revised 2022‐2023).
APN Acres Existing Zoning Designation New Zoning
369 06 003 0.53 P(CG, Res) P (CG/R4)
369 06 004 1.29 P(CG, Res) P (CG/R4)
359 10 015 1.18 P(CG) P (CG/R4)
359 10 060 0.98 P(CG) P (CG/R4)
359 10 044 0.18 P(CG) P (CG/R4)
359 08 025 0.83 P(CG, Res) P (CG/R4)
359 08 026 0.45 P(CG, Res) P (CG/R4)
359 08 027 0.87 P(CG, Res) P (CG/R4)
359 08 028 1 0.85 P(CG, Res) P (CG/R4)
326 09 052 0.74 P(CG) P (CG/R4)
326 09 060 2.75 P(Rec/Enter) P (CG/R4)
326 09 061 1.12 P(CG) P (CG/R4)
369 34 052 2.70 P(CG) P (CG/R4)
369 37 028 0.56 P(CG) P (CG/R4)
366 19 055 0.40 P(CG, Res 5‐15) P (CG/R3/TH)
366 19 053 0.56 P(CG, Res 5‐15) P (CG/R3/TH)
366 19 054 1.75 P(CG, Res 5‐15) P (CG/R3/TH)
316 05 050 1.02 P(CG, Res) P (CG/R4)
316 05 051 0.62 P(CG, Res) P (CG/R4)
316 05 052 0.73 P(CG, Res) P (CG/2R4)
316 05 053 0.92 P(CG, Res) P (CG/R4)
316 05 056 6.94 P(CG, Res) P (CG/R4)
316 05 072 0.54 P(CG, Res) P (CG/R4)
359 20 028 2 0.75 BQ P (CG/R3)
316 06 058 6.62 P(Res – 70) No change
316 06 059 5.42 P(Res – 70) No change
316 06 060 0.45 P(Res – 70) No change
EXHIBIT Z-2
Exhibit Z-3