CITY COUNCIL STAFF REPORT
Meeting: October 1, 2024
Subject
Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones) and Associated Environmental Review. (Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide) Recommended Action
That the City Council conduct the public hearing and conduct the first reading of Ordinance No. 24-_____ (Attachments A &B) adopt an ordinance to:
Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) and CEQA Guidelines; and Amend the following:
Chapter 19.04, General Provisions, and
Chapter 19.08, Definitions, and
Chapter 19.60, General Commercial (CG) Zones.
Discussion
Background
The City of Cupertino’s General Plan Community Vision 2040 lists “support for vibrant and mixed-use businesses to ensure that the City’s major mixed-use corridors and commercial nodes are vibrant, successful, and attractive” as one of its guiding principles. In order to promote this to enhance the community’s quality of life, the City will periodically review and update land use and zoning requirements for retail, commercial and office development. This is done in the hopes of attracting high-quality sales-tax producing businesses and services, while adapting to the fast-changing retail, commercial and office environment to ensure that existing businesses are encouraged to reinvest and grow in the City.
The proposed amendments are intended to further the above-mentioned objectives and have been identified with strikethroughs and underlines (as appropriate) in Attachment B.
Planning Commission Recommendation
The Planning Commission convened at a regular scheduled hearing on September 10, 2024, to consider the proposed Municipal Code Amendments. The Planning Commission recommended (3-2) that City Council adopt the proposed amendments to the Municipal Code as indicated in Exhibit A Planning Commission Resolution No. 2024-13 (Attachment C), with the following modifications:
Revise the proposed Farmer’s Market definition in 19.08.030 similar to the City of Palo Alto’s definition of Farmer’s Market:
“Farmers’ market” means a market certified by the state or county agricultural commission under Title 3, Chapter 3, Article 6.5 of the California Administrative Code, which allows direct retail sale by farms to the public of such items as fruits, vegetables, nuts, eggs, honey, nursery stock, cut flowers, live animals and inspected meats and seafood.
Outdoor seating is permitted without a 20% cap triggering a Conditional Use Permit so long as parking requirements are met in conformance with CMC Chapter 19.124: Parking Regulations. “Convenience Market” use class shall continue to be permitted with a Conditional Use Permit heard at the Planning Commission.
Entertainment facilities (e.g., dancing, live music) in association with full-service or fast-food/self-service restaurants shall be a permitted use.
The Planning Commission’s recommended modifications have been incorporated into the Draft Ordinance (Attachments A & B). Since the revisions by the Planning Commission are not adding further restrictions to entitling businesses locating in the City, Staff recommends that City Council approve these recommendations.
Analysis
Chapter 19.04, General Provisions
Section 19.04.100 Exclusionary Zoning is added to this chapter to clarify that if uses are not listed in any land use table as permitted or conditional, they are deemed prohibited. However, this section also enables the Director of Community Development to make a determination that an unlisted use may be allowed, if it is deemed similar to, and not more intensive than, the uses listed in such land use table.
Chapter 19.08, Definitions
In Chapter 19.08, several definitions were either added, amended, or combined to clarify uses and update the Municipal Code to address newer business types and trends. These include the following:
Bar Facility – Clarifying that a bar facility is a facility in a restaurant while also merging and contrasting this definition with “Drinking Establishment”.
Farmers Market – Added definition as this use is now included in Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts.
Food Store – Added definition as a new general category which includes a definition for “Grocery Store”, and combined with existing definitions for “Convenience Market” & “Specialty food stores” Pet Day Care – Added definition which clarifies the existing “Pet shop” use.
Restaurant – Expanded the existing definition to add “Self-Service” to the existing “Restaurant, Fast-Food” use.
Specialized School – Added definition for an existing use that is currently regulated in Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts.
Chapter 19.60: General Commercial (CG) Zones
Table 19.60.030: Permitted, Conditional and Excluded Uses in General Commercial Zoning Districts General Commercial land uses were reviewed and compared to similar jurisdictions in Santa Clara County to evaluate whether the City of Cupertino is consistent with current entitlement processes and up to date in how certain uses are classified. The proposed changes are in three categories:
1. Certain uses are proposed to be permitted by right where they are currently conditional uses,
2. Some conditional uses currently approved at the Planning Commission level are proposed to be approved at an Administrative Hearing, and,
3. New uses added, which include:
Eliminating “Specialty Food Stores”, and “Fast-food” as separate uses that currently need to be entitled with a Use Permit and are proposed to be permitted without a Use Permit.
Adding Farmers Markets as a use.
Changing the approval authority for the following uses from a “Use Permit – Planning Commission” to “Use Permit – Admin Hearing” Eating establishments with separate bar facilities.
Late evening activities.
Pet shops located in structures that are not sound-proof.
Moved ‘outdoor display’ and ‘outdoor seating’ standards from CMC 19.60.50 Land Use Activity to CMC Table 19.60.030.
The following are now listed as “Permitted Uses” that were previously conditional uses approved at the Planning Commission level:
Entertainment facilities (e.g., dancing, live music) in association with full-service or fast-food/self-service restaurants shall be a permitted use.
Outdoor seating so long as parking requirements are met in conformance with CMC Chapter 19.124: Parking Regulations.
Table 19.60.060: Development Standards
The Development Standards in Table 19.60.060 have been updated to include the following:
Added language that referenced standards to General Plan, Specific Plan, or any other underlying land use document where the commercial establishment is located.
Referenced Standards to Landscape Ordinance, Municipal Code Chapter 14.
Added standards for Odor Abatement systems in eating establishments.
Public Noticing & Outreach
The following noticing has been conducted for this project:
Notice of Public Hearing, Site Notice & Legal Ad
Agenda
Legal ad placed in newspaper
(at least 10 days prior to hearing)
Display ad placed in newspaper
(at least 10 days prior to hearing)
Posted on the City's official notice bulletin board (five days prior to hearing) Posted on the City of Cupertino’s Web site (five days prior to hearing) Public Comments
Please refer to Attachment D for public comments.
Next Steps
If Council approves the introduction of the ordinance, a second reading would be scheduled for the next regular meeting of the City Council.
Fiscal Impacts
No Fiscal Impacts.
Sustainability Impacts
No Sustainability impacts.
California Environmental Quality Act
The proposed ordinance is exempt from environmental review under CEQA Guidelines section 15061(b)(3) (“common sense” exemption).
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Luke Connolly, Assistant Director of Community Development Benjamin Fu, Director of Community Development
Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved by: Pamela Wu, City Manager
ATTACHMENTS
Draft Ordinance No. 24-_______(clean)
Draft Ordinance No. 24-_______(redline)
Planning Commission Resolution No. 2024-13
Public Comment