Director's Report OFFICE OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
� U P E RT I N{� (408) 777-3308 • FAX (408) 777-3333 • planning�a cupertino.orq
Subject: Report of the Community Development Director .1�-
Planning Commission Agenda Date: Tuesday, March 23, 2010
The City Council met on March 16, 2010 and discussed the following item(s) of interest
to the Planning Commission:
1. Heart of the City -The City Council conducted the 2nd reading of the ordinance. The
ordinance will become effective Apri116, 2010.
Miscellaneous Items:
1. Community Librarian - Rosanne Macek has accepted a position as Library Director for
the Mountain View Public Library effective May 3, 2010. Rosanne has made numerous
contributions to the Library and to the communities of Cupertino and Morgan Hill
during her eight years with Santa Clara County Library. Mountain View is fortunate to
have the opportunity to hire such a positive, creative, effective and service-oriented
leader for their library.
Because of other existing Community Librarian vacancies, a national recruitment has
already been initiated by Santa Clara County Library, and the response has been
excellent. They expect to have a new Community Librarian selected before Rosanne's
departure to ensure a smooth transition.
2. Tree Work at Blackberry Farm - Several tree safety issues have been identified at
Blackberry Farm by our consulting arborists. One walnut tree must be removed. A
couple of other trees need to have selected limbs trimmed or removed. The trees are
currently being professionally screened for presence of protected wildlife. The
trimming & removal work will occur as soon as possible.
Upcoming Dates: -
March 24-26 League of CA Cities - Planner's Institute conference in Monterey
Apri13 Big Bunny Fun Run, Cupertino Civic Center, 9 a.m.
April 17 Earth Day
. June 9 CREST Awards
Enclosures:
News Article
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Pleasanton housing cap violates law, judge says Page 1 of 2
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Pleasanton housing cap violates law, judge says
Bob Egelko, Chronicle Staff Writer
Tuesday, March 16, 2010
` � .,r�x The Moller Ranch development borders open space in Pleasa... �
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(o3-i5) i�:43 PDT PLEA.SANTON -- Pleasanton's voter-approved cap on the number of
residences in the city, a measure intended to limit growth and congestion in the town, violates a
state law requiring all cities to take on their share of regional housing needs, an Alameda County
judge has ruled.
The ruling is the first by a California judge to require a city to change its zoning to accommodate
new housir�g, said attorney Richard Marcantonio of the nonprofit Public Advocates firm, which
represented the plaintiffs in a lawsuit seeking to overturn the cap.
Those plaintiffs said Pleasanton was welcoming employees to office parks and other businesses, but
forcing other cities to house them.
"Pleasanton imports workers to fill thousands of jobs but excludes those workers and their families
from a chance to live in the community," Marcantonio said. "Now there's a chance for people to live
in the city that they contributed to building."
Pleasanton can't comply with the state law requiring it to build its fair share of housing because of a
ballot measure, passed in �996 and reaffirmed by voters in 2008, that allows no more than 29,000
units in the city, Superior Court Judge Frank Roesch said Friday.
Pleasanton had 2i,i8o homes, apartment units and condominiums in 1996 and now has more than
2�,000. Its population is 68,000.
Roesch ordered the city to disregard the limit and remove regulatory barriers to construction of
about 4,00o new housing units by 2014. At least three-quarters of them. must be affordable for low-
to moderate-income residents.
The affordable housing includes about 800 low-cost units that should have been completed by
200�, according to the regional agency that sets minium housing requirements for Bay Area
communities. Roesch told city officials to rezone enough land to build those units quickly.
Pleasanton now has 40,00o weekday commuters, and the number is likely to grow because of a
revised general plan the City Council approved in July. It calls for more office construction and the
creation of 45,00o jobs by 2025.
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http://www.sfgate.com/cgi-bin/article.cgi?�/c/a/2010/03/16/BABR1 CG685.DTL&type=p... 3/16/2010
Pleasanton housing cap violates law, judge says Page 2 of 2�
Pleasanton officials were reviewing the ruling Monday and had no comment, said city
spokeswoman Joanne Hall. The city's lawyers have argued that the housing limit is a valid exercise
of municipal land-use authority. The city could appeal the ruling.
The suit was filed in 2006 by the nonprofit Urban Habitat Program and a schoolteacher seeking
affordable housing. It was joined last year by state Attorney General Jerry Brown, who said
Pleasanton's housing limits added to urban sprawl and led to increased vehicle use, air pollution
and greenhouse gas emissions.
The Association of Bay Area Governments, the organization of local officials that decides each city's
housing allotment, assigned 5,059 housing units to Pleasanton for �999-200� and another 3,2��
units for 200�-�4. Roesch said the city had failed to meet the 200� total and couldn't comply with
the 2oi4 allotment if its housing limit remained in effect.
"The city is in clear violation" of the state housing law, the judge said.
He said the City Council took a small step in December to expand housing by approving the
rezoning of unused land in the Hacienda Business Park, near the Dublin/Pleasanton BART Station.
But the ordinance allows city officials to reject construction plans for "good cause," a vague
standard that could discourage development, Roesch said.
The city "must implement non-illusory zoning changes," he said.
E-mail Bob Egelko at begelko@sfchronicle.coin.
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/03/16/BABR1CG685.DTL
This article appeared on page C- 1 of the San Francisco Chronicle
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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/aJ2010/03/16/BABR1 CG685.DTL&type=p... 3/16/2010