.02 Planning Commission Work ProgramCUPERTINO
SUMMARY
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Department
Agenda Item No. ~ Agenda Date: TuIX 28, 2009
APPLICATION: Planning Commission Work Program for 2009-2010
BACKGROUND:
The Planning Commission recommended its work program to the City Council on June 23,
2009. Subsequent to that, the City Council reviewed and approved the work program
with adjustments on July 7, 2009. Please see attached July 7, 2009 Council staff report and
meeting minutes (Attachments 1 and 2) for Council discussion on the work program.
DISCUSSION SUMMARY:
High Priority
1. Green Building Policy
The City Council agreed that the development of a Green Building Policy is a high
priority. The Council authorized the Commission to move forward with the Green
Building Policy in parallel with the Environmental Stewardship Task Force within the
current budgetary constraints. This would include Planning Commission review of the
Phase II Green Building Collaborative policy framework in the September timeframe.
2. Sustainable Land Use Policy
The Council also authorized the Planning Commission to begin initial framework
discussion on a Sustainable Land Use Policy in parallel with the process to be initiated
by the Environmental Stewardship Task Force. The discussion of the City's
job/housing balance may also occur as part of the sustainable land use discussion.
Funding and Timing of the Green Building Ordinance and Land Use Sustainability Projects
The FY 09-10 budget does not including funding for the Green Building Ordinance and
Land Use Sustainability Policy. However, staff will be pursuing grants for the projects in
combination with the Environmental Stewardship Task Force outreach. (See Attachment 3
for the Draft Process Chart included in the grant application). Grant awards are expected
to be announced at the end of September 2009 and funds will be available in January 2010.
The Council will consider supplemental funding requests for the projects after September
2009 once grant awards are assigned. The scope of the projects and the projects
themselves may have to be revised depending on the available funding. Outreach on the
projects will begin in January 2010. However, staff will work with the Planning
Commission on background work and refining the process for the projects in the interim.
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Planning Commission Work Program 2009/10 July 28, 2009
Page 2
Medium Priority
The City Council concurred that the following projects were of medium priority and that
the Planning Commission may initiate work on these projects by forming sub-committees
with minimal staff time and no additional funding:
3. Process Improvement Evaluation
The City has retained Matrix Consulting Group to conduct an evaluation of Planning,
Building and Public Works development application process from initial contact
through completion of construction. The final results and recommendations of the
evaluation are anticipated to be completed for August/September Planning
Commission/City Council review.
4. Create a Strat~c Plan and Incentives {or Start-Ups
The Council acknowledges the importance of incentivizing commercial, office and
retail growth in the City. This was the main reason that a new Economic Development
Manager position was created two years ago. The City Council is currently reviewing
the minutes of their July 7, 2009 meeting to clarify their final direction to the Planning
Commission regarding this issue.
Low Priority
The City Council designated the following two projects as low priority and noted that the
Planning Commission may initiate work by forming sub-committees with minimal staff
involvement and no additional funding:
5. Protoh/pes o~Housing Element Sites
The Council agreed to reconsider the item after the completion of the Housing Element
and the Heart of the City Specific Plan.
6. A_ftordable Housing Methodology
The Planning Commission will consider best practices regarding this project at either a
subcommittee or full Commission meeting with minimal staff time.
7. Parking Ordinance Review
The City Council was not interested in evaluating the Parking Ordinance at this time.
Attachments:
Attachment 1: City Council July 7, 2009 Staff Report .
Attachment 2: City Council July 7, 2009 Draft Meeting Minutes
Attachment 3: Draft Process Chart for Environmental Stewardship Task Force, Land Use
Sustainability Policy and Green Building Ordinance
Prepared by:
~ ~~~ ~
Gar Chao
City Planner
Approved by:
Aarti Shrivastava
Community Development Director
2-2
Attachment 1
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
C U P E RT I N O Community Development
Department
Summary
Agenda Item No. _ Agenda Date: Tuly 7, 2009
APPLICATION: Consider approving the FY 2009-10 Planning Commission Work
Program
RECOMMENDATION:
The Council may consider the following options:
1. Approve the FY 2009-10 Planning Commission Work Program. Staff is requesting
Council preference on the timing of Item 1.
2. Approve the FY 2009-10 Planning Commission Work Program with revisions
BACKGROUND
On May 12, 2009 and June 23, 2009, the Planning Commission discussed and
recommended additions to the Council FY 2009-10 Work Program (See Attachment A -
Planning Commission Minute Order). Staff is looking for Council direction related to
the funding and timing of these projects.
DISCUSSION
A matrix describing the proposed Planning Commission Work Program is enclosed
(Attachment B). The list includes projects in the City Council Work Program for FY
2009-10, projects carried over from FY 2008-09, and new projects recommended by the
Planning Commission.
High Priority
1. Green Building Polio//Sustainable Land Use Polio
The Commission assigned the development of a Green Building Policy and a
Sustainable Land Use policy, as a high priority. The Commission recommended that
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Planning Commission Work Program FY 2009-10 July 7, 2009
Page 2
the City should be aggressive in implementing a Green Building Ordinance and review
General Plan land use policies in the City as they related to sustainability. The Planning
Commission also requested that they be included in future public discussions,
workshops and hearings on this subject.
Staff Comments: The Council Work Program for FY 2009-10 includes reviewing the
Phase II policy recommendations of the Santa Clara County Cities Green Building
Collaborative and making recommendations regarding a Green Building Ordinance
and incentives. Staff will start working with the Planning Commission on the Green
Building Ordinance in Summer 2009.
The FY 2009-10 budget doesn't include funding for the project. The project is expected
to cost about $50,000-$120,000 depending on the extent of community input (businesses,
design professionals, developers and residents) desired by the Council. Staff will
review grant opportunities offered by the Environmental Protection Agency and Bay
Area Air Quality Management District to offset costs associated with the project and
return to the Council with a work program and funding request. Grant awards are
expected to be assigned by the end of September 2009. However, staff will continue
working in parallel with the Planning Commission on background information while
the grant application is in process.
Regarding the Sustainable Land Use Policy, an Environmental sustainability Task Force
is expected to be launched in Fa112009 to make recommendations related to
sustainability. The land use issue is of sufficient community-wide significance to be
included in the topics discussed by the Task Force. Staff would therefore like Council
direction on whether the preference is to:
1. Wait until a broader discussion takes place at the Task Force level and then becomes
a work item for the Planning Commission; or
2. Allow the Planning Commission to move forward without Task Force
recommendations. If the Council agrees with moving forward without Task Force
recommendations, staff recommends that the project begin after completion of the
Housing Element, Office Allocation and the Heart of the City (around end of 2009).
In both cases, the Planning Commission has requested collaboration with the
Environmental sustainability Task Force.
Medium Priority
The Planning Conunission has recommended the following programs as medium
priority:
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Planning Commission Work Program FY 2009-10 July 7, 2009
Page 3
3. Process Improvement Evaluation
Staff Comments: The City has retained Matrix Consulting Group to conduct an
evaluation on Planning, Building and Public Works development application process
from initial contact through completion of construction. The final results and
recommendations of the evaluation are anticipated to be completed in Summer 2009
and will be provided to the Planning Commission and City Council.
4. Long-term assessment o the Citi~'s lob/Housing Balance
The Planning Commission was interested in looking at long-term opportunities to
increase residential units to balance the increase in office allocation in the General Plan.
Staff Comments: Staff had recommended monitoring ABAG's (Association of Bay Area
Government) Projections forecasts and the draft RHNA (Regional Housing Needs
Allocation) allocation for the next Housing Element period prior to moving forward
with General Plan amendments related to housing. Upon further discussion, the
Commission decided to include this topic in the Sustainable Land Use Policy discussion.
5. Create a Strategic Plan {or Commercial, O{f-ice and Retail Uses
The Planning Commission was interested in creating a Strategic Plan for commercial,
office and retail uses. The project would include discussions with corporations,
business owners, urban planners and commercial developers to understand their needs
and could potentially result in a strategic plan that could result in revisions to land use,
zoning and other policies. Some Commissioners wereri t clear about the parameters of
the project and asked for more clarification.
Staff Comments: Cupertino is committed to abusiness-friendly environment for
commercial tenants. To this end, a new Economic Development Manager position was
created two years ago to better facilitate new tenant relationships, market existing space,
create brand identity around Cupertino as a place to do business, grow and retain
existing tenants, and to serve as a liaison for tenants within Planning and Building.
Staff recommended the following preliminary steps that could be incorporated within
the current work program that were generally agreed upon by the Planning
Commission:
As time and funding permits, invite businesses, planners and building professionals
and developers to discuss issues related to business development, attraction and
retention with the Planning Commission.
Aggressively pursue opportunities to invite businesses that can contribute
significantly to City employment and revenues -currently in effect.
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Planning Commission Work Program FY 2009-10 July 7, 2009
Page 4
• Track current vacancies and identify opportunities for leasing -currently in effect.
Low Priority
The Planning Commission has recommended the following programs as low priority.
Due to limited staff resources and other projects currently in process, staff recommends
that the Council consider these items after current projects have been completed or for
next year's work program:
1. Proto~ peso Housing Elements sites/Crossroads Plan/Other Speci c Plans
The Commission was interested in looking at other areas of the City that could benefit
from along-term approach and development standards. One example included
developing prototypes of Housing Element sites. The goal was to provide community
expectations and guidelines for development on some typical sites prior to reviewing
project proposals from applicants. Another example was developing the Crossroads
Plan.
Staff Comments: Staff recommends scheduling both items item after current projects
have been completed. The Housing Element sites study, for instance, could be taken up
after completion of the Housing Element and the Heart of the City Specific Plan. The
cost and timing of the project would depend on the scope.
The Crossroads Plan could be reviewed in next year's work program. Due to the
community interest expected on the Crossroads plan, staff expects this project to take
approximately 300-400 hours of staff time, and about $150,000 in consultant costs and
ancillary expenses. Staff expects this process to take about 6-9 months.
2. A{{ordable Housi~ Methodology{
The Commission interest in alternative affordable housing measures to better
incentivize affordable housing besides the current below market rate program (BMR).
Programs to incentivize affordable housing can range from revising the City's BMR
program, reviewing fees to creating higher density and funding incentives for
affordable housing. Since this is a low priority, staff recommends that the Council
consider this in next year's work program.
3. Review Parking Standards
The Commission recommended evaluating the City's parking ordinance to address
restaurant versus general retail parking requirements. One of the Commissioners noted
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Planning Commission Work Program FY 2009-10 July 7, 2009
Page 5
that some restaurants have parking problems while some retail centers have many
empty parking spaces and recommended a parking study to analyze if the City's
parking requirements should be increased for some restaurants and reduced for other
commercial uses.
Parking requirements are generally derived from extensive studies conducted by the
ITE (Institute of Traffic Engineers) and are generally good indicators of average parking
requirements for various uses. Some restaurants and retail centers are more successful
than others and a parking survey will likely provide an average close to the current
zoning ordinance requirements. Additionally, since uses change from time to time it
would be difficult to monitor parking on an ongoing basis. The City's process allows
for parking studies for projects. Staff recommends using this approach for specific
projects if parking impacts are anticipated.
Attachments
Attachment A: Planning Commission Minute Order
Attachxrtent B: Planning Commission Work Program FY 2009-10
Submitted by:
Aarti Shrivastava Gary Chao
Director, Community Development City Planner
Approved by:
David W. Knapp
City Manager
2-7
Attachment B
July 7, 2009
Cupertino City Council
Page 7
the community. She believed it would be difficult to achieve this level of co unity
service with another company.
Sandoval moved staff's recommendation to defer the decision toni but take this item
up within 90 days, with the goal of a 75% diversion record, and ' ect staff to come back
with a full report. Wong seconded and the motion carried un 'mously.
25. Consider and approve the list of unfunded ro'ect or the FY 2009-2010 Capital
Improvement Program.
Public Works Director Ralph Qualls explaine that Council had discussed adding several
projects to the unfunded category of the c ital improvement program (CIP) budget and
staff requested clarification of which jects Council wanted to include in that list for
FY 2009-14 CIP.
Vice Mayor Kris Wang recomp~ended not including the fiscal year dates with the list of
unfunded projects. /
Jennifer Griffin referre o the additional funding for the Lawrence Mitty Park and urged
Council to keep this ' em on the list with a fiscal year attached to it. She was concerned
there might bean empt to put housing on this land at some future date. She believed
this was an imp ant area for Cupertino and this piece of land should be secured.
Wang mov d to consolidate all of the items in the staff report into a single list of
unfunde items, deleting the Bubb/McClellan Storm Sewer Upgrade, lowering the
estim d cost of the Stevens Creek Trail Bridge over the Union Pacific Railroad from $7
mill,~'~on to $2 million, and adding back in the Skate Park with an estimated cost of
$ 0,000. In addition, no fiscal year dates would be included in this list. Wong seconded
and the motion carried unanimously.
~-~ 26. Consider approving the FY 2009-10 Planning Commission Work Program.
City Planner Gary Chao reviewed the staff report which included several categories,
including High priority: green building policy/sustainable land use policy; Medium
Priority: process improvement evaluation, long-term assessment of the city's job/housing
balance, and creating a strategic plan for commercial office and retail uses; and Low
Priority: prototypes of housing element sites/Crossroads plan/other specific plans,
affordable housing methodology and review of parking standards.
Planning Commissioner Marty Miller stated that in the past, due to time constraints, there
had been no opportunity for forward planning. Recently there has been a reduction in the
number of applicants and the commission now had the opportunity to address some of
these issues. The commission believed it was important to put guidelines in place that
would benefit future applications. Miller said there were some budgetary limitations but
he believed certain projects could move forward with minimal expenditure, and would
defer to staff on prioritizing the projects as they would have a better understanding of the
2-8
Ju~ly7, 2'J0`09,gJ j ~`[''{ Cupertino City Council
~~ Fl . ~Y ~ Jf i~'L~ S 1~~(.it ~F .L~ ..3Y
Page 8
staff time involved. Regarding the green building policy/sustainable land use policy, the
commission believed they could work along with the Environmental Sustainability Task
Force, noting that although they each had a different focus, they shared a common goal.
Concerning the housing issue he noted that the commission was working on a
jobs/housing balance. He further stated that the housing element had not considered the
major expansion of up to 5,000 square feet of office space that the Council would soon be
considering.
Jennifer Griffin stated her concerns about the jobs/housing imbalance. She strongly urged
ABAG be made more aware of current housing issues and ABAG housing requirement
updates should conducted every year, not every five to ten years. Ms. Griffin also stated
that she did not want the zoning in Cupertino compromised or the Heart of the City
compromised.
Santoro moved and Sandoval seconded to approve the Planning Commission work
program as follows. Motion carried unanimously.
Item l: Green Building Policy/Sustainable Land Use Policy: Planning Commission will
move forward in parallel with the Environmental Sustainability Task Force. Commission
will work within current budgetary constraints and any budget implications will be
brought back to Council.
Item 2: Process Improvement Evaluation: this was already included in the commission's
work program.
Item 3: Long-term assessment of the City's Job/Housing Balance: this has been
incorporated into Item 1.
Item 4: Create a Strategic Plan for Commercial, Office and Retail Uses: Planning
Commission shall form a small subcommittee to meet with businesses, the Economic
Development Committee and the Fiscal Strategic Committee to review any current
impediments to economic activity related to land use. This project shall require minimal
staff time.
Item 5: Prototypes of Housing Elements Sites/Crossroads Plan/Other Specific Plans: It
was agreed to bring this back to the Council after completion of the Housing Element and
the Heart of the City Plan.
Item 6: Affordable Housing Methodology: Planning Commission will consider best
practices regarding this project at either a subcommittee or full Commission meeting but
it shall require minimal staff time.
Item 7: Review Parking Standards: The project was dropped from the program. Parking
plans shall be reviewed at time of individual applications.
2-9
Attachment 2
July 7, 2009 Cupertino City Council Page 7
the community. She believed it would be difficult to achieve this level of community
service with another company.
Sandoval moved staff s recommendation to defer the decision tonight but take this item
up within 90 days, with the goal of a 75% diversion record, and direct staff to come back
with a full report. Wong seconded and the motion carried unanimously.
25. Consider and approve the list of unfunded projects for the FY 2009-2010 Capital
Improvement Program.
Public Works Director Ralph Qualls explained that Council had discussed adding several
projects to the unfunded category of the capital improvement program (CIP) budget and
staff requested clarification of which projects Council wanted to include in that list for
FY 2009-14 CIP.
Vice Mayor Kris Wang recommended not including the fiscal year dates with the list of
unfunded projects.
Jennifer Griffin referred to the additional funding for the Lawrence Mitty Park and urged
Council to keep this item on the list with a fiscal year attached to it. She was concerned
there might be an attempt to put housing on this land at some future date. She believed
this was an important area for Cupertino and this piece of land should be secured.
Wang moved to consolidate all of the items in the staff report into a single list of
unfunded items, deleting the Bubb/McClellan Storm Sewer Upgrade, lowering the
estimated cost of the Stevens Creek Trail Bridge over the Union Pacific Railroad from $7
million to $2 million, and adding back in the Skate Park with an estimated cost of
$250,000. In addition, no fiscal year dates would be included in this list. Wong seconded
and the motion carried unanimously.
26. Consider approving the FY 2009-10 Planning Commission Work Program.
City Planner Gary Chao reviewed the staff report which included several categories,
including High priority: green building policy/sustainable land use policy; Medium
Priority: process improvement evaluation, long-term assessment of the city's job/housing
balance, and creating a strategic plan for commercial office and retail uses; and Low
Priority: prototypes of housing element sites/Crossroads plan other specific plans,
affordable housing methodology and review of parking standards.
Planning Commissioner Marty Miller stated that in the past, due to time constraints, there
had been no opportunity for forward planning. Recently there has been a reduction in the
number of applicants and the commission now had the opportunity to address some of
these issues. The commission believed it was important to put guidelines in place that
would benefit future applications. Miller said there were some budgetary limitations but
he believed certain projects could move forward with minimal expenditure, and would
defer to staff on prioritizing the projects as they would have a better understanding of the
2-10
July 7, 2009 Cupertino City Council
Page 8
staff time involved. Regarding the green building policy/sustainable land use policy, the
commission believed they could work along with the Environmental Sustainability Task
Force, noting that although they each had a different focus, they shared a common goal.
Concerning the housing issue he noted that the commission was working on a
jobs/housing balance. He further stated that the housing element had not considered the
major expansion of up to 5,000 square feet of office space that the Council would soon be
considering.
Jennifer Griffin stated her concerns about the jobs/housing imbalance. She strongly urged
ABAG be made more aware of current housing issues and ABAG housing requirement
updates should conducted every year, not every five to ten years. Ms. Griffin also stated
that she did not want the zoning in Cupertino compromised or the Heart of the City
compromised.
Santoro moved and Sandoval seconded to approve the Planning Commission work
program as follows. Motion carried unanimously.
Item 1: Green Building Policy/Sustainable Land Use Policy: Planning Commission will
move forward in parallel with the Environmental Sustainability Task Force. Commission
will work within current budgetary constraints and any budget implications will be
brought back to Council.
Item 2: Process Improvement Evaluation: this was already included in the commission's
work program.
Item 3: Long-term assessment of the City's Job/Housing Balance: this has been
incorporated into Item 1.
Item 4: Create a Strategic Plan for Commercial, Office and Retail Uses: Planning
Commission shall form a small subcommittee to meet with businesses, the Economic
Development Committee and the Fiscal Strategic Committee to review any current
impediments to economic activity related to land use. This project shall require minimal
staff time.
Item 5: Prototypes of Housing Elements Sites/Crossroads Plan/Other Specific Plans: It
was agreed to bring this back to the Council after completion of the Housing Element and
the Heart of the City Plan.
Item 6: Affordable Housing Methodology: Planning Commission will consider best
practices regarding this project at either a subcommittee or full Commission meeting but
it shall require minimal staff time.
Item 7: Review Parking Standards: The project was dropped from the program. Parking
plans shall be reviewed at time of individual applications.
2-11
Attachment 3
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