Director's Report
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT
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Subject: Report of the Community Development Direct~
Planning Commission Agenda Date: Tuesday, July II, 2006
The City Council met on July 5, 2006, and discussed the following items of interest to the
Planning Commission:
1. Consider an a)llllication for Frankie Law (Law and Chow residence), 20055 & 20065
De Palma Lane: The City Council approved use permit, architectural & site approval
tentative map, zone change (first reading of ordinance), and negative declaration, with
six additional conditions: (see attached report)
1:1 Street maintenance;
[J Pedestrian access;
[J A joint use agreement with the Santa Clara Valley Water District (sc:vvvD);
[J Allow rear yard fencing with minimal side-yard fencing;
D A landscape plan for the common area for which all residents would have
access;
1:1 The sidewalk on the south side shall tie into the existing sidewalk on the R&Z
Development until it reaches De Palma Lane; and
[J Parking is prohibited on the westerly driveway extension of De Palma Lane.
MISCELLANEOUS
1. I will be attending a seminar in Boston on Monday, July 10 -13,2006. The seminar is
called Urban Retail Planning Principles for Cities, Towns & Commercial Centers. I
will be out of the office from Friday, July 7 -14, 2006.
2. Smart Growth Scorecard: Attached are excerpted pages from the Greenbelt Alliance
Smart Growth Scorecard report. Cupertino ranked 37 out of 89 Bay Area Cities.
Enclosures:
Staff Reports, Newspaper Articles
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408)777-3333
0- .
CUfEQINO
Commumty Development
Department
Summary
Agenda Item No. _
Agenda Date: J ul y 5, 2006
Application: Z-2oo6-03, U-2oo6-04, ASA-2006-09, lM-2006-05, EA-2006-07
Applicant: Frankie Law
Owner: Su Yong Law, Frankie Kan Yin Law, Felicia Chow & Joyce Chow
Location: 20055 & 20065 De Palma Lane, APN 369-32-039, -006
Application Summary:
. REZONING from R2-4.25 (Duplex Zoning) to P(RES) Planned Residential.
. USE PER1v1IT AND ARCHITECTIJRAL & SITE AFPROV AL to demolish two
existing houses and construct four single-family residences.
. TENTATIVE MAP to subdivide a 0.652-acre parcel into four lots.
. ENVIRONMENTAL DETERMINATION: Negative Declaration recommended.
The project will have no significant, adverse environmental impacts.
RECOMMENDATION:
The Planning Commission reconunends on a 3-1-0 vote (Giefer no, Wong absent) that
the City Council:
1. Approve the Negative declaration, file number EA-2006-07.
2. Approve the Rezoning application, file number 2-2006-03, in accordance with
Resolution No. 6397, Ordinance No. 06-1986
3. Approve the Use permit application, file number U-2oo6-04, in accordance with
Resolution No, 6395.
4. Approve the Architectural and Site Approval application, file no. ASA-2006-09, in
accordance with Resolution No. 6398.
5. Approve the Tentative Map application, file no. TM-2oo6-05, in accordance with
Resolution No. 6396.
Project Data:
General Plan Designation: Med./Low. Density Residential 5-10 d.u./ gr.ac.
Existing Zoning Designation: R2-4.25
Proposed Zoning Designation: P(RES)
Gross Acres: 0.698 acre (30,428.3 square feet)
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File Nos.: Z-2oo6-03, U-2006-04, ASA-2006-09, TM-2006-05, EA-2006-07 July 5, 2006
Page 2
Net Acres: 0.578 acre (25,186 square feet)
Residential:
Dwelling units & type: 4 single-family detached residences
Site density: 5.73 duj gr. Ac.
Building Area: 13,142.6 square feet
Site FAR: 52.1%
Parking ratio: 5 spaces per dwelling (2 in garage, 2 in driveway apron, 1 guest space per
dwelling)
StoriesfHeight: 2 stories! 24' 2"
Setbacks:
North (Duplex side)
West (Townhouse side)
First Story
South (Regnart Creek side) 19' 7.5" or greater
East (Single Family side) 12' 3" (patio cover)
20' (building wall)
14' 7,5" or greater
12' 3" (patio cover)
20'3" (building wall)
20'
Second Story
34' 10.5"
26' 3" or greater
24' 1.5" or greater
Interior
26'3"
28' or greater
BACKGROUND
At its meeting of Jnne 13, 2006, the Planning Corrunission voted (3-1-0, Giefer no, Wong
absent) to recommend approval of this project to demolish two single-family residences
and construct four single-family dwellings at 20055 & 20065 De Palma Lane (See
Planning Commission Resolutions and Exhibit A-I).
DISCUSSION
Planninf Commission Comments
One Commissioner was concerned with the higher FAR houses proposed and a
perceived "canyon'" visual effect along the street. A townhouse-style product in
keeping with the project next door was preferred. Another Cormnissioner was
concerned with the lack of public attendance at this hearing. The applicants stated that
they had met with all of the neighbors. One Commissioner pointed out that the homes
were 24 feet tall, which is less than the City maximum height of 28 feet for R-I style
dwellings, A majority of the Conunissioners supported the project as presented.
Public Comments
No members of the public attended the hearing,
dpplicant Comments .
The proposed houses are all for family members who desire to live in Cupertino. The
applicant said they shared their housing plans with the De Palma Lane neighbors and
they are supportive of the development. The applicant has agreed to be part of the
private association that pays for the maintenance of De Palma Lane, which is a private
street.
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File Nos.: Z-2006-03, U-2006-04, ASA-2006-09, TM-2006-05, EA-2006-07 July 5,2006
Page 3
Staff Comments
Public meeting notices for this project were sent out to property owners within a 1,000-
foot mailing radius, which is over three times the distance of the mailing for the
abutting R&Z townhouse development approved five years ago.
Staff recommends that an additional condition of approval be added to the project:
PRIVATE STREET MAINTENANCE
The applicant shall enter into a recorded agreement to share in the financial
responsibility of maintaining De Palma Lane, which is a private street.
ENCLOSURES
Planning Commission Resolutions Nos. 6395, 6396, 6397 and 6398
Draft Zoning Ordinance 06-1986
Exhibit A-1: Planning Commission Staff Report dated June 13, 2006
Plan Set
Prepared by: Colin Jung, Senior Planner
Submitted by:
Approved by:
~
David W. Knapp
City Manager
3i:4~ e~/&.u-
Steve Piasecki
Director, Community Development
G:\Planning\PDREPORl\ CC\ U-2006-04 CC.doc
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BAY AREA SMART GROWTH SCORECARD 2006
Contents
l
EXECUTIVE'SUMMARY
Executive Summary.
3
, i:~;: ;-'. .; ~ ~..,: ~ -
Introduction
City Scorecard
Results.
County Scorecard
Results.
Combined City an~ County Analysis.
Conclusion.
.5
6
8
21.
22
30
35
APPENDIX
Scores of All Bay Area Cities .
. 36
TABLES
Table 1: Bay Area Cities' Average Policy Scores. 8
Table 2: Bay Area Top.Scoring Cities 8
Table 3: Top Cities-Growth Boundary Policies 1.1
Table 4: Top Cities-Park P~oximity Policies 1.2
Table 5: Top Cities-Affordable Housing Policies :13
Table 6: Top Cities-Mixed. Use Development Policies. 14
Table 7: Top Cities-Development Density Policies. 15
Table 8: Top Cities-Policies to Reduce Parking Requirements 16
Table 9: Top Cities-Development Standards Policies . 17
Table 10: Factors Correlated With Cities' Policy Perfomu1nce 19
Table 11: Bay Area County Policy Scores 22
Table 12: Counties-Growth Management Policie~. 24
Table 13: Counties-Open Space Protection Policies 25
Table 14: Counties-Agricultural Zoning Policies . 26
Table 15: Counties-Natural Resource Conservation Policies 27
Table 16: Counties-Transportation Choices Policies . 28
Table] 7: Average City Policy Performance By County. 30
Table 18: County Policy Performance 30
Table 19: Bay Area City Policy Scores . 36
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Executive Summary
The San Francisco Bay Area will
add a million new residents by 2020.
What this means for the region
depends largely on where and how
this growth occurs.
The region can accommodate growth
while making its cities and towns a
better place to live. This approach
is called smart growth. It requires
directing new growth into already-
urbanized areas, protecting farms
and natural areas, creating walkable
neighborhoods, and revitalizing
downtowns.
To learn how well the region is doing
at pursuing smart growth, Greenbelt
Alliance has undertaken a landmark
assessment of the planning policies
of a1l101 cities and nine counties of
the Bay Area. These policies provide
the blueprints for how the region will
grow in the future. Strong planning
policies are critical to a vibrant,
livable region.
The Smart Growth Scorecard
measures policies. It does not
measure on-the-ground reality. For
instance, the region's densest cities
may not score highest on density,
because their policies may not be
strong enough to ensure that new
development is also dense. Political
will is also important to achieving 'il
smart growth, as it ensures that ~
good policies translate into good ~
"
development. The Scorecard does not ~
measure political will. The Scorecard &.
evaluates only policies, which
create the framework to make smart
growth possible.
BAY AREA SMART GROWTH SCORECARD 2006
t
Evaluating Cities and
Counties
The Smart Growth Scorecard evalu-
ates cities and counties separately, to
reflect their separate roles.
City Results
The Smart Growth Scorecard reveals
that across the region, Bay Area
cities could be doing much more to
support smart growth. Of 101 cities,
only 17 earn scores of 50% or more,
out of a possible 100%. On average,
cities score 34%, with only one-third
of the needed policies to achieve
smart growth.
To ensure a healthy environment
and high quality of life, cities should
be the sites of compact; lively, and
pedestrian-friendly development,
especially in their downtowns and
near transit stations.
Preventing Sprawl with Urban Growth
Boundaries
There are 78 cities in the Bay Area
that are not encircled by water or
other cities, and so should have
urban growth boundaries. Of these,
25, or about one-third, have strong
boundaries. The lack of boundaries
in many areas leaves a significant
amount of the region's open space at
risk of sprawl development.
Counties also have a critical role to
play in fostering smart growth by
channeling development to the cities;
protecting natural resources, open
space, and farmland; and providing
transportation options between cities.
,
Protecting open space and improving the Bay Area's quality of Life requires good
policies to guide growth. Today, Bay Area cities and counties are doing only a third
of what is needed to achieve smart growth.
DilZ -7
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3
Making Sure Parks Are Nearby
Many Bay Area cities should be doing
much more to ensure their residents
live near parks. Of 101 cities, only
31, about one-third, require parks to
be within walking distance of every
resident. Without this standard, open
space may be inequitably distributed,
leaving many residents unable to
easily enjoy a neighborhood park.
Creating Homes People Can Afford
One of the Bay Area's greatest
needs is for homes that people can
afford. Many Bay Area cities do
have policies supporting the creation
of affordable homes. Fifty-nine of
101 cities have inclusionary policies,
which require affordable homes to be
included in new residential develop-
ments. However, many cities do not
have strong enough inclusionary
policies or are lacking other neces-
sary policies, and the ~verage score
regionwide is 36%. In this critical
area, cities are falling short.
Encouraging A Mix of Uses
The Bay Area's cities are doing better
at allowing mixed-use development
than they are in any other smart
growth policy area. Of the region's
101 cities, 79 allow a mix of uses
downtown and near transit" stations,
though some require special permits.
Mixing shops, jobs, and homes
enlivens neighborhoods and helps
people to get from place to place
without having to drive.
Encouraging Density in the Right
Places
Bay Area cities are not doing well
at encouraging or requiring density
even in the most appropriate places;
downtown and near transit. On
average, cities score only 29%, the
second lowest regional average of all
the policy areas. Without increasing
density in the right places, the region
will fail to accommodate growth
while protecting open space and
providing homes people can afford.
4
Requiring less land for Parking
Cities in the Bay Area are doing very
little to encourage better land use by
reducing parking requirements. The
regionwide average score is 26%, the
lowest of any policy area. By keeping
parking requirements high, cities
are missing the opportunity to build
more homes and commercial space.
Defining Standards for Good
Development
With an average score of 32%, Bay
Area cities are doing only one-third
of what they could be to use develop-
ment standards to make streets
and sidewalks inviting. However,
most cities do earn at least some
points, and five cities earn scores of
over 75%: Windsor, Walnut Creek,
Sonoma, Livermore, and Oakland.
Co~nty Results ,
Bay Area counties on the whole are
doing somewhat better than cities.
On average, they score 51 %, mean-
ing they are doing half of what they
could do to promote smart growth.
Managing Growth
In many cases, Bay Area counties are
doing better than cities at preventing
sprawling growth. Seven counties
have adopted strong growth manage-
ment policies intended to prevent
urban development on greenbelt
lands, though only three are voter-
approved ordinances. Counties'
average growth management score
is 51%.
P~rmanently Protecting Open Space
Counties perform better in open
space and parkland policies than in
any other policy area, with an aver-
age score of 60%. Only two counties
in the Bay Area, Solano and Napa,
have not yet established a public
agency for open space acquisition
and preservation.
Preserving Agricultural land
Bay Area counties can significantly
improve their agricultural zoning
ordinances. They score only 49%
on average. County ordinances that
allow rural land to be split into
smaller parcels, or allow multiple
houses on each parcel, represent a
latent threat to the greenbelt. San
Mateo's model agricultural ordinance
should be imitated by lower-scoring
counties including Santa Clara,
Marin, and Sonoma.
Conserving Natural Resources
Bay Area counties average 48% in
enacting conservation policies to
protect creeks, trees, and steep slopes.
Often counties have taken a first
step by stating the importance of
these resources, but few have specific
ordinances to ensure their protection.
. .
Offering Transportation Choices
The region's counties vary widely in
their transportation planning, poli-
cies, and investment, with an average
regional score of 41 %. Santa Clara
County leads the way with significant
transit funding. Solano and Napa lag
because they do not have transporta-
tion sales taxes that could provide
funding for local transit.
The Way Forward
These scores are low. In general, Bay
Area cities and counties are doing
only a fraction of what is needed to
ensure smart growth.
But that can change. For every policy
area, there is a city or county that can
I guide other jurisdictions as they seek
to improve.
The future of the entire region is at
stake.
Drt! -6
BAY AREA SMART GROWTH SCORECARD 2006
j
Introduction
The San Francisco Bay Area is
famous for its high quality of life,
which springs from the region's
spectacular natural surroundings and
its diverse, vihrant cities. The region's
quality of life attracts entrepreneurs
and skilled workers, fueling innova-
tion and powering the economy.
But the Bay Area is not without
problems. Already, housing costs are
some of the highest in the nation; the
majority of residents cannot afford
the median-priced home. Traffic is
consistently a major concern in
regional polls.
The region is feeling the pressure
of growth-and there is still much
more growth to come. An additional
million people will live in the Bay
Area by 2020, bringing the region's
population to eight million.
The Bay Area's challenge will be to
accommodate that growth in a way
that does not reduce the region's
famous quality of life.
If the region continues to grow the
way it has for the past several decades,
it will fail the challenge. Sprawling,
haphazard, low-density development
on the region's edge will pave over
working farms and natural areas,
create long commutes, dog freeways,
and pollute the air and water.
There is a different way to grow. A
smarter way.
We can direct growth inward, not
outward. We can take advantage of
existing infrastructure to keep costs
down. We can invest in existing cities
and revitalize historic downtowns.
We can create more homes that
people can afford, near where they
BAY AREA SMART GROWTH SCORECARD 2006
o
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need to go, and give them more
options about how to get around. We
can protect open space, and make
sure people live near parks so they
can enjoy that open space.
In recent years, the Bay Area's cities
and counties have started along this
new path toward smart growth.
But how well are they doing? Are
they making sure that growth will
make the region better instead of
worse? Are they adopting enough
good policies to make a difference?
The Smart Growth
Scorecard
Green belt Alliance surveyed the
entire region to find out. The
result, the Bay Area Smart Growth
Scorecard, is the first report of its
kind. It measures how well each
of the region's 101 cities and nine
counties are doing at creating policies
to meet smart growth goals.
The survey was created in conference
with local planning professionals,
to create a realistic, achievable list
of policies that Bay Area cities and
counties could adopt to promote
smarter growth.
One million more people will live in the
Bay Area by 2020; by adopting strong
smart growth policies, cities and counties
can accommodate this growth while
keePing the region a great place to live.
The Smart Growth Scorecard
scores cities and counties differently,
because each has a unique role to
play in guiding growth. Cities, as the
managers of local growth, should
be the sites of compact, lively, and
pedestrian-friendly development.
Counties, meanwhile, should channel
growth to the cities. They should also
protect the county's natural resources,
open space, and farmland, and
provide a variety of transportation
options between cities.
The Smart Growth Scorecard focuses
on policies, rather than the situation
on the ground now. For instance,
instead of measuring a city's current
downtown density, the Scorecard is
concerned with the density a devel-
oper could build downtown today.
The policies in place today will affect
the growth that occurs in the future.
The Smart Growth Scorecard is a
look at the region's future, and a
blueprint for making it better.
DlJe -9
5
City Scorecard
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These before-and-after images of Gilroy's Caltrain station area use computer visioning
to illustrate how smart growth can make the region's cities and towns more livable for
all residents.
Cities have a great deal of power to
do smart growth, because they directly
oversee the development that occurs
within city boundaries. The vision the
city establishes in its general plan
guides its growth, The zoning
ordinances and other regulations in
the municipal code directly regulate
building and have the force of law.
also have impacts far beyond their
boundaries. In a regional economy
and housing market, cities' decisions
not to grow can push development
elsewhere, into other cities and out
onto farms and natural areas.
The policies and ordinances estab-
lished by cities directly affect the
day-to-day experience and quality
of life of residents. But cities' actions
Cities can adopt smart growth policies
to accommodate new growth within
defined boundaries. This makes cities
more attractive places to live and
protects the greenbelt. The Smart
Growth Scorecard evaluates the extent
to which each city is doing its part.
6
Surveying Cities
Numerous city planners contributed
valuable time to answer Scorecard
survey questions. Greenbelt Alliance
researched any questions that went
unanswered, then gave planning
department staff the opportunity to
review and correct the information.
Greenbelt Alliance relied on the
answers cities provided and did not
independently verify responses.
The scores represent a snapshot in
time. Many cities have policies or
ordinances in draft form, but these
were not conside.red since they had
not been enacted. Bay Area cities
were first contacted in January 2005
and invited to participate. The
scores reflect city policies adopted by
~ May 2005, though some follow-up
u
~ questions were resolved up until
I January 2006.
'"
e
i
When scoring responses, every effort
was made to give credit to cities for
oj
~ established policies. When a range of
!l' possibilities was permitted, or when a
~
~ broad policy was applied in a variety
f of ways on a case-by-case basis,
scorecard researchers attempted
to determine what was the typical
case. In general, any interpretation
of policies was resolved by allocating
the highest relevant score in that
policy area.
Scoring Cities
The Scorecard evaluates cities in
seven policy areas: growth boundar-
J ies, park proximity, affordable
housing, mixed-use development,
density, parking, and development
standards. Each policy area includes
several questions to evaluate the
strength of a city's policies. The
questions are weighted based on their
importance in guiding better growth.
f){t<...-to
BAY AREA SMART GROWTH SCORECARD 2006
The maximum score for each city
policy area is 40 points. The maxi-
mum score for each city, across all
seven policy areas, is 280 points. All
scores are reported as a percentage of
possible points.
Cities may be exempted from
questions in two policy areas. Cities
surrounded by water or other urban
areas are exempt from the growth
boundaries question, and cities
without a transit station are exempt
from all transit-related questions
(e.g., questions about density or
mixed-use development in transit
station areas).
In evaluating the policy areas of
mixed-use development, density,
parking, and development standards,
survey questions about specific
zoning focused on two areas: the
city's downtown and the half-mile
radius around transit stations. Cities
should focus growth in these core
areas to create compact, walkable
neighborhoods near jobs and services.
Overview of Policy Areas
The Smart Growth Scorecard mea-
sured cities' support for smart growth
in seven policy areas. Below is a brief
description of each policy area.
D Preventing Sprawl with Urban
Growth Boundaries
Has the city established a boundary
beyond which it will not grow or
permit development, to contain
urban growth and prevent it from
sprawling into the countryside? Is
this boundary geographically specific,
codified in ordinances, controlled by
voters, and long-lasting?
II Making Sure Parks Are Nearby
poes the city have a policy that
ensures every resident can walk to a
park or green space? How close to
residents must green spaces be?
III Creating Homes People Can Afford
Does the city require that some
portion of large-scale housing
BAY AREA SMART GROWTH SCORECARD 20D6
t
developments be affordable to lower-
income residents? What percentage
of the housing development must
be affordable, and to which income
levels? Do cities have other important
policies to ensure affordable housing?
EI Encouraging A Mix of Uses
Does the city allow residential,
commercial, or even industrial activi-
ties to occur together in the same
building or in adjacent buildings in
the city's downtown and around its
transit station? Is mixed-use develop-
. ment allo~ed automatically, or only
after obtaining a special permit?
II Encouraging Density In the Right
Places
How many homes per acre do the
city's development codes allow
in the city's downtown and near
transit stations? Does the city anow
high-density development in these
areas by setting high or no maximum
densities? Does the city prevent
extremely low-density development
by establishing density minimums?
II Requiring less land for Parking
How much parking is required for
developments in the downtown and
near transit stations? Are automatic
parking reductions available for
low-income or senior housing, or if
developments share parking with
neighboring buildings? Do cities
encourage developers to "unbundle"
City policies can focus new growth in
existing cities, protecting surrounding
hillsides and farmlands.
the cost of parking from the cost of
development?
flI Defining Standards for Good
Development
Does the city have urban design
standards in its downtown, around
transit nodes, in neighborhood com-
mercial centers, and throughout the
city so that development contributes
to auractive, pedestrian-fri"endly
public spaces?
Due ..-1 {
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Regional Results well for growth: growth boundaries, '" j"---'--.-
...
Across the region, Bay Area cities park proximity, affordable housing, /--..--.'
could be doing much better at plan- mixed-use development, density ,
ning well for growth. The average promotion, parking reduction, and .
. score for all cities is 34% (Table 1), development standards. \
meaning that they ate only taking "
"-
about one-third of the needed steps As Table 1 illustrates, cities' average RANK CITY SCORE ?
.~
1 Petaluma 70% (,
to ensure good growth and a healthy scores in most policy areas range ".
2 San Jose 69% '.
environment. Only 17 of 101 cities between 26% and 36%. This means '-
,
3 Napa 65% "'-
earned even half of possible points that most cities need to strengthen 3 Santa Rosa 65%
(Table 2). Most cities earned total their policies significantly to ensure 5 Windsor 6~%
scores of between 11 % and 50%. that growth happens in a way that 6 Pleasanton 58%
makes them better places to live. 7 Rohner t Park 58%
There are seven policy areas that 8 Mountain View 57%
determine whether cities are planning One area where the region's cities are 9 San Rafael 56%
doing relatively well is in allowing 10 Morgan HIli 56%
Table 1: mixed-use development. Creating a 11 Sebastopol 55%
Bay Area Cities' Average Polley Scores mix of residential and commercial 12 Novato 55%
POLICY AREA REGIONAL AVERAGE activities brings round-the-clock 13 Benicia 53% RANK CITY SCORE
Growth Boundaries 29% activity to streets and puts residents 13 Milpitas 53% 52 Lafayette 33%
Park Proximity 27% closer to shops and jobs, creating 15 Hayward 52% 53 Vallejo 33%
safer, more vibrant, and more 16 Livermore 50% 54 Yountville 32%
Affordable Housing 36%
complete neighborhoods. 17 Walnut Creek 50% 55 Concord 31%
Mixed-Use Development 79% 18 San Mateo 49% 56 Brentwood 31%
Development Density 29% But in most policy areas, Bay Area 19 San Francisco 49% @ Burlingame 30%
ReduCed Parking 20 Richmond 49% . Larkspur 30%
26% cities are not doing welL More
Requirements 21 Dublin 48% $) Santa Clara 29%
than half the region's cities lack
Development Standards 32% 21 Palo Alto 48% (I Corte Madera 28%
Overall 34% urban growth boundaries to keep 21 Pittsburg 48% Qjjj Mill Valley 28%
development from sprawling out 24 Cotati 47% @ Brisbane 28%
onto surrounding farms and natural 25 Berkeley 47% . Clayton 28%
areas. More than half also lack park 26 San Ramon 46% . EI Cerrito 28%
Table 2: Bay Area Top-Scoring Cities proximity policies, which ensure that 26 Fairfield 46% 4)1 Calma 27%
CITY SCORE every resident lives within walking 28 Millbrae 46% <<I> Calistoga 27%
Petaluma 70% distance of a park. Cities are also 29 Gilroy 45% $) Tiburon 26%
San Jose 69% not doing enough to reduce parking 30 St. Helena 44% .. Vacaville 26%
Napa 65% requirements and increase density, to 31 Albany 44% . Antioch 26%
Santa Rosa 65% create walkable neighborhoods and 32 Sonoma 44% ,. Portola Valley 25%
accommodate growth sustainably. 32 Newark 44% . Redwood City 25%
Windsor 61%
34 San Leandro 43% ", San Bruno 24%
Pleasanton 58% 35 Oakland 42% . Arnerican 24%
All these policies are reasonable and
Rohnert Park 58% South San Canyon
within reach; they are all being done 36 Francisco 41% . San Pablo 24%
Mountain View 57% well by some cities in the region. 37 Cupertino 41% . Menio Park 23%
San Rafael 56% 38 Campbell 41% . Belmont 23%
Morgan Hill 56% 39 Fremont 40% . Martinez 22%
Sebastopol 55% 40 Healdsburg 40% . Sausallto 2~%
41 Rio Vista 39% G Cloverdale 21%
Novato 55% 42 Sunnyvale 39% $) Pacifica 20%
Senieia 53% 43 Hercules 38% . Los Gatos 20%
Milpltas 53% I 43 San Carlos 38% . Los Altos 18%
Hayward 52% 45 Half Moon Bay 37% . San Anselmo 18%
Livermore 50% 46 Suisun City 37% . Pinoie 17%
Walnut Creek 50% 47 Alameda 37% . Ross 17%
48 Union City 36% ..., East Palo Alto 17%
San Mateo 49% 49 Emeryville 35% .. Foster City 15%
San Francisco 49% 50 Oakley 35% . Los Altos Hills 15%
, . Danville
Richmond 49% 51 Pleasant Hill 34% 14%
8 DiP. -{,;(
BAY AREA SMART GROWTH SCORECARD 20'06
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31-49%
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CITY
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Bay Area' City
Smart Growth Policy Scores
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Peta/uma's strong smart growth policies
earned it the highest score of aUlOl Bay
Area cities.
Selected City Profiles
The following profiles illustrate how
a few cities earned their scores.
Petaluma
Petaluma is the top-ranking city, with
a total score of 70%. Petaluma's
experience illustrates that through
strong local leadership in planning
for growth, a city of moderate
population can create a livable town
and help protect the greenbelt.
Petaluma is the second-largest city in
Sonoma County and the oldest city
between San Franc.isco and Eureka.
Its location on the Petal urn a River
and near prime farmland made it
an industrial and agricultural center
early on. In the 1950s, highways
brought rapid growth to Petaluma's
edges, and local leaders started to
realize that this threatened the city's
fiscal and economic vitality. In 1972,
Petaluma adopted an urban limit line
to prevent growth from sprawling
outside the city.
Over the following decades, planning
efforts built on Petaluma's history
10
and architectural character to create
a vibrant and economically thriving
downtown. In 2003, Petaluma
adopted a plan to channel develop-
ment into the geographic heart of the
city. As part of this process, the City
adopted a type of zoning known as a
"Smart Code," which pays attention
to how buildings relate to the street,
rather than their uses. This approach
encourages mixed-use development
and makes neighborhoods more
inviting for pedestrians.
Petaluma is doing a good job at
planning for growth. To do even bet-
ter, it should reduce its high parking
requirements, establish a minimum
density in its downtown, and create
design guidelines for areas outside
of downtown. These steps would
further encourage the revitalization
of its downtown, and help the rest of
the city to grow in an attractive and
inviting way.
San Jose
San Jose is the only city of the Bay
Area's three biggest that made it into
the top 10. It is in second place, with
a total score of 69%.
San Jose has taken a consistent
approach to growth, adopting key
policies though not always making
them as strong as they could be. For
instance, the city requires that parks
be within a lh-mile of all residents,
but not within a lA-mile. It also
allows a mix of land uses (e.g., homes,
shops, and jobs) in the downtown
with no permit, but requires a permit
for mixing uses near transit.
San Jose does get a perfect score
for its voter-adopted urban growth
boundary. It also earns the top
score, 73 %, for parking standards.
Low parking requirements enable
developers to build more homes on a
given amount of land, and help make
places better for pedestrians. San Jose
requires only one parking space per
apartment downtown. Its parking
requirements are automatically
reduced for low-income housing,
senior housing, and developments
near transit. Many cities could
enliven their downtowns by match-
ing San Jose's parking requirements.
San Jose illustrates the success a city
can have through consistent effort
across policy areas. The good policies
in place are already transforming San
Jose from an epicenter of sprawl to a
more livable, walkable community.
San Francisco
San Francisco ranks 19th overalI
with a score of 49%. In light of San
Francisco's compact, walkable neigh-
borhoods, this may be a surprise, but
the scores are based on policies, not
on existing development.
San Francisco lacks some important
policies, although citizen commit- _
ment and local leadership have
compensated to create good results in
city neighborhoods. Policies the city
needs include a parks radius require-
ment (saying parks must be within a
certain distance from every resident),
a required minimum density for
development, and good development
standards.
San Francisco ranks near the top
in the other relevant policy areas,
including parking and mixed-use
development.
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San Francisco is a good example of a city
with compact, walkable development
near transit, but its policies are not as
strong as they could be.
I
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BAY AREA SMART GROWTH SCORECARD 2006
,
City Results By Policy Area
Cities' performance in each of the
seven policy areas evaluated reveals
what is and isn't working about how
Bay Area cities are planning for growth.
o Preventing Sprawl with Urban
Growth Boundaries
TOTAL POSSIBLE POINTS: 40
Has the city established a boundary
beyond which it will not grow or
permit development, to contain
urban growth and prevent it from
sprawling into the countryside? Is
this boundary geographically specific,
codified in ordinances, controlled by
voters, and long-lasting?
Table 3:
Top Citles-Growth Boundary Policies
CITY SCORE
LIvermore 100%
Napa 100%
Novato 100%
Petaluma 100%
San Jose 100%
Sonoma 100%
Windsor 100%
Cotati 98%
. Dublin 98%
Milpitas 98%
Pleasanton 98%
San Ramon 98%
Santa Rosa 98%
Regional Average 29%
Received no points: 53 (norHlxemptl cities
Exempt: 23 cities surrounded by water and/or
other cities are exempt from this question and not
shown on this list.
What are the results?
Cities in the Bay Area are generally
either doing very well or very poorly
at controlling development with
urban growth boundaries. There are
78 cities in the Bay Area that should
have urban growth boundaries;
of these cities, only 25, or about
one-third, have them.
Six exemplary cities score 100%
(Table 3) for having urban growth
boundaries that completely encircle
SAY AREA SMART GROWTH SCORECARD 2006
the cities, last at least 20 years, are
part of the municipal code, and can
only be changed by a vote of the
people. Another six cities score 98 %
because their policies are part of a
general plan but are not codified in a
I zoning ordinance.
At the other end of the scale, two.
thirds of eligible cities (53 of 78)
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score 0%. Some of these cities do
have some measures in place to
preserve open space, such as zoning
ordinances, hillside protection
ordinances, or a statement that they
accept county-based urban limit lines.
However, these methods may not
stop sprawl development and may
leave cities vulnerable to changes in
county government. None protects
open space from shifting political
and economic pressures as securely
as a long-lasting, city-established
urban growth boundary.
Why do the results matter?
Adopting an urban growth boundary,
to define where growth should and
should not occur, is one of the most
important decisions a city can make.
Urban growth boundaries prevent
sprawl and protect the scenic land-
scapes essential to the Bay Area's
quality of life.
Urban growth boundaries also
encourage the compact and efficient
development of lands inside the city.
By redirecting growth into areas
already served by roads and schools,
urban growth boundaries reduce the
costs of new construction for taxpay-
ers. They help focus growth, and the
economic vitality it brings, in the
center of existing communities.
What policies count toward the'
score?
To earn most of the points in this
policy area, cities must have estab-
lished urban growth boundaries that
are specific boundaries encircling the
city (value: 28 points). Twenty-three
cities are exempt because they are
already completely surrounded by
water or neighboring cities. Two cit-
ies-Antioch and Pitts burg-adopted
boundaries in 2005 through
developer-sponsored initiatives; these
boundaries include so much vacant
land they score no points.
The Scorecard awards more points to
longer-lasting growth management
policies (value: 20+ years: 4 points;
15-19 years: 2 points). These are
less vulnerable to changing political
conditions and growth pressures,
providing certainty to landowners.
DIll -, 5
11
To be strong, specific, and enforce-
able, the boundary should also be
voter-controlled (value: 6 points) and
should be a city ordinance (value:
2 points) rather than a general plan
policy (value: 1 point).
EJ Making Sure Parks Are Neal'by
TOTAL POSSIBLE POINTS: 40
Does the city have a policy that
ensures every resident can walk to a
park or green space? How close to
residents must green spaces be?
What are the results?
As with urban growth boundaries,
Bay Area cities are either doing very
well or very poorly at ensuring their
residents live near parks. Of 101
cities, only 31, about one-third, have
park proximity policies. Six cities
require Nrks to be within a l,4-lI!ile
radius of every resident, scoring 98 %
(Table 4), and 23 cities require a
lh-mile radius. No cities get a perfect
score, as no city codifies the policy in
its zoning code.
More than two-thirds of Bay Area
cities do not have park radius
standards. Many of these cities do,
of course, have parks. Some cities
identify possible park locations in
their general plans or aim to provide
a certain number of park acres per
Table 4:
Top Cities-Park Proxlrnlty Policies
CITY
SCORE
Milpitas
Oakley
Petaluma
Rio Vista
San Mateo
Suisun City
Regional Average
98%
98%
98%
98%
98%
98%
27%
2nd place: 22 cities lied, scoling 88%
Received no points: 70 cities
1,000 residents. However, without a
radius standard, open space may be
inequitably distributed throughout
the city, leaving many residents
unable to walk to a park.
Some cities claim that their city's
small size means people always have
green space ne;:trhy, outside the city or,
in existing city parks. However, only
a policy can ensure that this will
continue to be true as the city grows.
Other cities claim they lack this policy
because they are "built out" and have
no large vacant areas. But even small
lots can make "pocket parks" and
playgrounds. More importantly, cities
are constantly being built and rebuilt;
a park proximity policy ensures that
new parks will be created as the city
changes over time.
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Why do the results matter?
Green space within walking distance
improves a neighborhood's quality of
life. It also reduces pressure to build
out in the greenbelt, because families
with abundant, accessible parkland
are less likely to move out of urban
areas in search of the bigger yards
found in new edge developments.
What policies count toward the score?
The Scorecard awards most of the
points in this area based on whether
cities have a policy specifying that
a park shall exist within a certain
radius of all city residents (value:
25 points). The bulk of the remain-
ing points depends on the policy's
requiring a specific radius (value:
1,4 mile: 13 points; "walking distance"
or 1h mile: 9 points; 3,4 mile: 7 points;
one mile: 4 points). The radius
should be a city orqinance (value:
2 points) rather than a general plan
policy statement (value: 1 point).
iJ Creating Homes Pea-pole Can Affard
TOTAL POSSIBLE POINTS: 40
Does the city require that some por-
tion of every housing development be
affordable to lower-income residents?
What percentage of the housing
development must be affordable, and
to which income levels? Do cities
have other important policies to
ensure affordable housing?
What are the results?
On average, Bay Area cities' policies
on affordable housing are better than
they are on anything but mixed-use
development. But the average
regional score on af~ordable housing
policies is only 36% (Table 5).
Corte Madera has the highest score,
88%, for its strong inclusionary
f
. ordinance, its housing trust fund, and
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BAY AREA SMART GROWTH scoRBli-;rI/e;
Table 5:
Top Cities-Affordable Housing Policies
CITY SCORE
Corte Madera 88%
Novato 80%
San Rafael 80%
St. Helena 80%
Cotat! 75%
Newark 75%
Pleasanton 75%
Roh ner t Pa rk 75%
Berke ley 73%
Brentwood 73%
Wainut Creek 73%
Regional Average 36%
Received no points: 28 cities
its jobs-housing linkage program,
though it does not require 25 % or
more of tax increment redevelopment
financing to be dedicated to afford-
able housing. San Rafael, Novato, and
St. Helena tie for second place, with
scores of 80%. It is important to note
that the highest-scoring cities may not
be producing the most affordable
housing. As it is in other policy areas,
political will is important to ensure
the implementation of good policies.
Of 101 Bay Area cities, 59 have
some form of inclusionary housing
policy, requiring a percentage of new
housing to be affordable. These cities
differ in how much must be afford-
able: 10 require 20% or more of new
homes to be affordable; 26 require
11-19%; and 23 require only 5-10%.
These cities also differ in the income
levels they target: low-income
(51-80% of Area Median Income,
AMI) or very-law-income (:0;;50% of
AMI). Most require development
to be affordable to low-income
renters (50 cities) and buyers (37
cities). Some go further, requiring
that development be affordable to
very-low-income renters (32 cities)
and buyers (16 cities).
A number of cities have adopted
other smart affordable-housing
BAY AREA SMART GROWTH SCORECARD 2006
policies as well. Thirty-seven cities
have housing trust funds. Nineteen
have a jobs-housing linkage program,
requiring that new commercial
development fund housing. Sixteen
cities devote 25% or more of their
I redevelopment tax-increment financ-
ing to an affordable housing fund. -'
a consistent proportion of these are
affordable to lower-income residents.
What policies count toward the score?
Housing is considered affordable if
it costs one-third of a household's
income. Cities receive points in
this area if they have effective
Including homes that are affordable to a
range of incomes is an important part of
making cities better places to Jive.
Unfortunately, in spite of the many
available policy options for providing
affordable housing, 28 Bay Area
cities received a score of 0%.
Why do the results matter?
Bay Area home prices are among the
highest in the nation. With the
. median price of a single-family home
at $712,940 in December 2005, the
average home is out of reach for 88%
of the region's residents. The lack of
homes that people can afford in
existing cities pushes development
pressure out onto greenbelt lands,
lengthens commutes, and worsens
traffic. Sound affordable housing
policies can create more affordable
homes in already-developed areas.
lndusionary housing policies are
especially valuable because they
ensure that as new homes are created,
indusionary housing policies (value:
10 points) that require a percentage
of new housing to be affordable
(value: up to 9 points). That housing
should be targeted to both renters
and buyers with incomes that are
Jow (51-80% of AMI, value: 1 point
each) or very low ($:50% of AMI,
value: 2 points each).
Cities should also have an affordable
housing trust fund (value: 5 points).
Housing trust funds create a dedi-
cated revenue source (typically from
real estate transfer taxes or develop-
ment fees) for affordable housing.
City grants from these funds can
make projects eligible for state and
federal financing and help jumpstart
construction.
The Scorecard awards additional
points to cities with a jobs-housing
linkage ordinance (value: 5 points).
Jobs-housing linkage ordinances
require new commercial or industrial
development to provide housing for
/)( t2 -/ '7
13
Table 6: Top Cltles-Mlxed Use
Development Policies
the businesses' future workers, either
by directly building the housing or
by donating to an affordable housing
construction fund. This helps housing
creation keep up with job creation.
III Encourag!ng ~ Mix of Uses
TOTAl. POSSIBLE POINTS: 40
33 CITIES SCORE 100%,
Albany
American Canyon
Brentwood
Campbell
Clayton
Dublin
EI Cerrito
Oakley
Petaluma
Plnole
Plttsburg
Richmond
Rio Vista
San Carlos
Does the city allow residential,
commercial, and, where appropriate,
industrial activities to occur together
in the same building or in adjacent
buildings in the city's downtown
and around its transit station? Is
mixed-use development allowed
automatically, or only after obtaining
a special permit?
Finally, for cities that have redevelop-
ment agencies, they should direct
25% or more of their redevelopment
tax-increment financing to an
affordable housing fund (value: 5
points). As cities redevelop neighbor~
hoods, they receive increased prop-
erty taxes from the improved
neighborhoods; this increase can
then pay back the funds used to
construct these new neighborhoods.
This is called tax-increment financing.
Since redevelopment also raises
housing prices, the state of California
requires 20% of this tax increment to
be set aside for affordable housing.
Cities can go beyqnd this minimum
requirement to set aside 25% or more.
San Francisco
Gilroy
Hayward
Hercules
Larkspur
Livermore
San Maleo
San Pablo
San Rafael
Sausalito
What are the results?
Bay Area cities are doing better at
allowing mixed-use development
than they are in any other smart
growth policy area. An impressive 33
cities-about one out of three-allow
mixed-use development in their
downtowns and near transit stations
without requiring a special permit,
. earning a perfect scor~ of 100 %
(Table 6). Another 46 cities-almost
Sebastopol
Vallejo
Walnut Creek
Windsor
Morgan Hill
Mountain View
Napa
Novato
Oakland
Regional Average: 79%
Received no points, 9 cities
half-allow mixed-use development
~ dow~town an~ ~ear transibt, bhut
" reqUIre a permIt In one or ot areas,
earning scores of 85-93%. Ten lower-
scoring cities only allow mixed-use
development downtown, not around
a transit station. Only nine cities
allow no mixed-use development, for
a score of zero.
Why do the results matter?
Mixed-use development, which puts
homes, shops, and offices next to
one another or in the same building,
is key to creating livable neighbor-
hoods. Old-fashioned Main Streets
have mixed-use development, with
stores on the ground floor and homes
or offices above. This mix of uses
enables people to get to work, go
This before-and-after computer visualiza-
tion of Livermore's First Street illustrates
how mixed-use development can
oj
~ revitalize a neighborhood. Putting homes
!l! above street-level stores provides needed
~
;; housing and makes streets more lively
.l and walkable.
DIR-t6
BAY AREA SMART GROWTH SCORECARD 2006
14
,
shopping, and do errands without
having to get in the car for every trip.
Mixing uses around bus lines and
train stations also makes it easy for
more people to use transit; the fares
they generate make the system more
efficient and effective.
The opposite of mixed-use zoning
is exclusionary zoning, in which an
entire area is devoted solely to one
use, such as a large housing tract or
strip-mall retail center. Exclusionary
zoning requires driving to get from
place to place, making walking and
biking difficult and often dangerous.
What policies count toward the score?
The majority of the points in this
policy area go to cities that allow
adjacent residential and commercial
uses in downtowns and around
transit stops (value: 15 points in each
area). Allowing mixed-use develop-
ment automatically (value: 5 points
in each area) gets more points, since
it is more effective than requiring
special zoning permits (value: 2 points
in each area).
II' Encouraging Density in the Right
Places
TOTAL POSSIBLE POINTS: 40
How many homes per acre do the
city's development codes allow
in the city's downtown and near
transit stations? Does the city allow
high-density development in these
areas 'by setting high Qr no maximum
densities? Does the city prevent
extremely low-density development
by establishing density minimums?
What are the results?
Bay Area cities are not doing well at
encouraging density (with no or high
density maximums) or requiring it
(with density minimums), even in the
most appropriate places: downtown
and near transit. On average, cities
score only 29%, the second-lowest
regional average (Table 7).
Only three cities earned scores of
BAY AREA SMART GROWTH SCORECARD 2006
.
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These before-and-after computer-generated images of San Jose's North First Street
show how density can create a more lIibrant place. Dense dellelopment around transit
makes riding transit easy for the people who lille and work around the station.
75% or higher for their development
density policies-Albany, Fremont,
and Concord. Sunnyvale also
requires one of the region's highest
minimum densities;450 homes or
dwelling units per acre (dulacre) in
part of its downtown. However, most
cities have no density minimums,
and only 21 cities have minimums
of 15 dulacre or higher. Eight Bay
Area cities set a high maximum at or
above 70 dulacre; density maximums
lower than this serve to discourage,
rather than encourage, density.
Thirteen cities have no maximum
density (though they may limit it in
other ways).
Table 7: Top Citles-Development
Density Policies
The high-scoring cities are not the
cities that are currendy the most
dense on the ground; for example,
San Francisco and Oakland do
not rank in the top lOin adopting
strorig density policies, but they are
among the densest cities in the region.
Density policies help set the growth
pattern for the future and are an
essential step in preventing sprawl.
CITY SCORE
Albany 78%
Fremont 78%
Concord 75%
San Jose 73%
Sunnyvale 70%
Union City 70%
Hayward 63%
Los Altos 60%
Vallejo 58%
Foster City' 55%
San Rafael 55%
Regional Average 29%
The region's cities do not all need to
become as dense as San Francisco
and Oakland, but adding additional
stories to buildings in downtowns
and near transit can accommodate
growth while revitalizing these areas.
Received no points: 3 cities
, Exempt from Questions regarding transit stations.
Plf.2 ~fq
15
Why do the results matter?
The Bay Area will be home to an
additional million people by 2020.
Accommoda ting that growth, while
keeping the region's quality of life
high, protecting open space, and
providing homes that local people
can afford, will require high-density
development in urban areas. High-
density development is especially
appropriate in downtowns and
around transit stations, where it can
revitalize city cores and make transit
work for more people.
What policies count toward the
score?
Cities scored the most points if,
around downtowns and transit
stops, they set high or no density
maximums (value: 8 points in each
area, sliding scale) and high density
minimums (value.: 8 points in each
area, sliding scale). To be as strong
as possible, these maximums and
minimums should be part of a zoning
ordinance (value: 2 points) instead
of only a plan or a policy document
(value: 1 point).
m Requiring Less land for Parking
TOTAL POSSlBLE POINTS: 4.0
How much parking do cities require
in the downtown and near transit
stations? Are automatic parking
reductions available for low-income
or senior housing, or if developments
share parking with neighboring
buildings? Do cities encourage
developers to "unb~ndle" the cost of
parking from the cost of development?
What are the results?
Cities in the Bay Area are doing very
little to encourage better land use by
reducing parking requirements. The
regionwide average score is 26%
Cities often require large amounts of
parking for new development. Reducing
these requirements creates opportunities
for more mixed-use development and
walkable places.
16
Table 8: Top Cities-Policies to
Reduce Parking Requirements
CITY SCORE
San Jose 73%
Berkeley 70%
South San Francisco 70%
San Francisco 68%
Oakland 65%
Fairfield 60%
Petaluma 58%
Napa 55%
Pittsburg 53%
Martinez 50%
Santa Rosa 50%
Reglonal Average 26%
Received no points: 8 cities
(Table 8), the lowest of any policy
area. Eight cities score 0%.
. However, a few cities ~e doing
well. San Jose scores the highest,
73 %, for its low parking require-
ments, with automatic reductions
for low-income housing, senior
housing, and housing near transit.
San Jose and 11 other cities require
approximately one space per home
downtown. Two cities-Berkeley
and San Francisco-require less than
one parking space per apartment for
apartment buildings downtown and
do not require additional parking for
grocery stores added to these build-
ings, but they do not have as many
automatic reductions for parking as
San Jose does.
A surprisingly small number of cities
join San Jose in providing automatic
parking reductions. Fifteen cities
automatically reduce requirements
for low-income housing, 36 do so for
senior housing, and 35 do so when
buildings are arranged so they can
share parking. Lowering parking
requirements for these uses helps
developers meet the region's serious
need for low-income and senior
housing.
Only five cities-Berkeley, Petaluma,
San Mateo, San Carlos, and Walnut
Creek-encourage developers to
separate parking from the cost of a
lease or rental price, ensuring that the
true. cost of parking is app&rent and
is not subsidized.
Why do the results matter?
Parking takes up a tremendous
amount of space in cities. Often, half
of a developed parcel may be devoted
to parking. Land used for parking
could otherwise be used for homes or
businesses. When developers are not
held back by high parking require-
ments, they can build more homes or
larger commercial areas on the same
amount of land.
15
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BAY AREA SMART GROWTH SCORECARD 2006
Downtowns and transit areas should
be walkable places where people can
travel without cars. Low parking
requirements bring buildings closer
to one another and make streetscapes
more pedestrian-friendly.
What policies count toward the score?
Cities earn points by requiring as
few parking spaces as possible for
buildings that are downtown or near
transit (value: up to 6 points per
development per location, awarded
based on two hypothetical develop- ~ .
ments: an apartment building with .
25 two-bedroom apartments, and the Ii
same building with a 5,OOO-square 1
.e
foot grocery on the ground floor). i
Additional points go to cities that
automatically reduce parking
requirements for low-income or
senior housing (value: 3 points
each). Credit also goes to cities that
automatically reduce requirements
when parking lots are shared or
when buildings are near transit
(value: 3 points each). The Scorecard
also rewards cities that encourage
developers to separate the costs of
parking from rent or lease costs, so
that parking expenses are paid by car
owners (value: 4 points).
Ii Defining Standards for Good
Development
TOTAL POSSIBLE POINTS: 40
Does the city have urban design
standards in its downtown, around
transit nodes, in neighborhood com-
mercial centers, and throughout the
city so that development contributes
to attractive, pedestrian-friendly
public spaces?
What are the results?
Once again, scores are low. On
average, Bay Area cities score 32 %
(Table 9); they are doing only one-
third of what they could in using
development standards to make
streets and sidewalks inviting. Most
cities earn at least some points,
although five cities receive no points.
BAY AREA SMART GROWTH SCORECARD 2006
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These before-and-after computer-generated images of San Jose's Eastridge Mall
show how good development standm-ds, such as requiring buildings to extend to
the sidewalk and requiring parking and garages to go behind buildings, make streets
walkable and attractive.
Five cities earn scores of over 75%:
Windsor, Walnut Creek, Sonoma, Liver-
more, and Oakland. These cities have
good standards that address sidewalks
and streetscapes in both commercial
and residential areas, particularly in
downtown and transit areas. These
standards include requiring side-
walks on both sides of the street,
prohibiting cuI de sacs, and requiring
commercial buildings to come all the
way up to the sidewalk.
Table 9: Top Cities-Development
Standards Policies
CITY SCORE
Windsor 90%
Walnut Creek 85%
Sonoma1 82%
Livermore 80%
Oakland 80%
YountvilleT 74%
Sebastopof 73%
Calistoga T 65%
San Jose 63%
Mountain View 60%
Napa 60%
RegIonal Average 32%
Most cities, 73 of 101, have at least
one visually illustrated design guide-
line. Sixty-seven cities require that no
building setback exist in the down-
town area. This ensures that build-
ings extend to the sidewalk, which
encourages window-shopping and
makes the street interesting for
pedestrians. Fifty-three cities also
require sidewalks on both sides of a
new residential street; this makes it
easier and more pleasant for people
to walk.
Received no points: 5 cities
T Exempt from questions regarding transit stations.
However, cities are not doing well at
laying out streets in ways that help
pedestrians get around. Only 16 cit-
ies prohibit cuI de sacs in residential
development, and few cities require a
grid street layout in either residential
or commercial development.
DI t( -::V
17
Cities may already have an estab-
lished street and sidewalk layout, but
rebuilding could change that. Large
redevelopment projects and recon-
struction after earthquakes have
created entirely new street grids in
the Bay Area. Even major infrastruc-
ture can change, and a long-range
vision of a livable, pedestrian-friendly
streetscape ensures that change is for
the better.
Why do the results matter?
Urban design affects the quality of
life within a city. Buildings shape
public space the way that walls shape
buildings. Together, details like the
location of parking lots, the arrange-
ment of streets, and the alignment of
buildings define the shape of a city;
they determine whether it is inviting
and walkable, or an unwelcoming
place for people. Good urban design
standards bring many different
developments together to create
attractive places.
What policies count toward the
score?
The Scorecard weighs whether
cities include diagrams in zoning
ordinances to communicate design
guidelines effectively and shape
development (value: 3 points).
Cities' scores improve if, in the
downtown, near transit, and in
18
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neighborhood centers, they require
parking to go behind buildings
(value: 1-2 points), require buildings
to extend to the sidewalk with no
setback (1-2 points), and make
"build to" lines that building fronts
must touch (value: 1-2 points). These
policies help to create well-defined
streets and walkways.
In commercial or mixed-use areas
outside of downtown, there are
several ways to enhance the pedes-
trian experience. Cities earn more
points by encouraging sidewalks on
both sides of the street (value: 2-3
points), and encourage new streets to
follow a grid pattern (value: 1-2
points), since that makes areas easier
to navigate and often creates the
shortest line between two points.
Encouraging that on-street parking
be provided (value: 1-2 points)
helps reduce the size of off-street
parking lots.
In residential areas, cities earn more
points when they encourage side-
walks on both sides of the street
(value: 2-3 points) and encourage
new streets to follow a grid pattern
(value: 2-3 points). Cities score
higher when they discourage cui de
sacs, which can extend the distance
pedestrians must walk (value: 1-2
points). Finally, cities should encour-
age that garages go behind houses
Cities can create more walkable neighbor-
hoods, like this one in Petatuma, by
adopting delJelopment standards that
require sidewalks on both sides of the
street. Cities can also require streets to
be in a grid pattern without cui de sacs,
which helps shorten distances for people
on foot.
(value: 1-2 points) and discourage
"snout houses" with g-arages sticking
out the front (value: 1-2 points).
This heIps make the street a place
for residents and pedestrians instead
of cars.
For maximum points in each area,
these standards should be specified
in a zoning ordinance rather than a .
policy document.
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BAY AREA SMART GROWTH SCORECARD 2006
City Scorecard Analysis
Why do some cities score high and
others score low? There are a few
demographic and geographic factors
that help predict cities' performance:
population growth rate, population
size, household income, and distance
from a major metropolitan area
(Table 10).
Though in some cases, these factors
':He correlated with. cities' performance,
they do not determine performance.
It is city leadership that matters.
Population Growth
Faster-growing cities pe~form better
than their slower-growing counter-
parts in certain policy areas. Faster-
growing cities are more likely to have
urban growth boundaries, standards
I for park proximity, affordable
housing policies, and urban design
standards for development. These
policies are all especially important
when cities are first being developed.
However, the region's fastest-growing
cities are still not doing well overall,
averaging only 39% over all policy
areas. If fast-growing cities improve
their policies to guide that growth,
they will see rapid results and
significant benefits. For instance,
inclusionary housing policies, which
ensure that some new homes in every
new development are affordable, are
most effective in fast-growing areas.
Table 10: Factors Correlated With Cities' Polley Performance
AVERAGE SCORES
, Population
AVERAGE OVERALL GROWTH PARK AFFORDABLE MIXED-USE DEVELOPMENT PARKING DEVELOPMENT
POPULATION BOUNDARIES PROXIMITY HOUSING DEVELOPM ENT DEN SITY REDUCTION STANDARDS
(2003)
Highest PDpulation 172,048 43% 33% 35% 43% 85% 44% 38% 39%
Higher Population 44.645 40% 41% 43% 42% 83% 28% 28% 32%
Lower Population 21,437 29% 13% 20% 25% 86% 25% 21% 31%
Lowest Population 6,650 25% 29% 10% 34% 61% 18% 18% 27%
PopUlation Growth
'. ,
AVE RAGE OVERALL GROWTH PARK AffORDABLE MIXED-U SE DEVELOPMENT PARKI NG DEVELOPMENT
GROWTH RATE BOUNDARIES PROXIMITY HOUSING DEVELOPMENT DENSITY REDUCTION STANDARDS
(1999-2003)
Fastest Growth 58% 39% 40% 43% 39% 79% 28% 26% 39%
Faster Growth 18% 41% 43% 36% 48% 83% 33% 30% 36%
Slower Growth 8% 30% 13% 17% 30% 73% 27% 29% 28%
Slowest Growth 1% 28% 8% 14% 27% 81% 28% 20% 26%
Distance From Major Metropolitan Area
(Major metropolitan areas include San Francisco, Oakland, and San Jose)
AVERAGE OVERALL GROWTH PARK AFFORDABLE MIXED-USE DEVELOPMENT PARKING DEVELOPMENT
MILES BOUNDARIES PROXIMITY HOUSING DEVelOPMENT DENSITY REDUCTION STANDARDS
Closest 8 34% 24% 23% 30% 81% 33% 28% 27%
Closer 17 30% 5% 22% 36% 76% 27% 24% 28%
Farther 25 32% 28% 20% 33% 74% 30% 22% 25%
Farthest 50 42% 47% 43% 45% 83% 25% 30% 47%
Median Household Income
AVERAGE. OVERALL GROWTH PARK AFFORDABLE MIXED-USE DEvELOPMENT PARKING DEVELOPMENT
INCOME (1999 BOUNDARIES PROXIMITY HOUSING DEVELOPMENT DENSITY REDUCTION STANDARDS
Highest Income $122,822 22% 18% 24% 22% 55% 19% 14% 18%
Higher Income $74,340 39% 36% 28% 38% 90% 35% 23% 33%
-
Lower Income $61,511 36% 23% 29% 32% 88% 29% 31% 35%
lowest Income $48,116 41% 40% 27% 51% 82% 32% 36% 41%
BAY AREA SMART GROWTH SCORECARD 2006 DttZ-Q.-3 19
Total Population
Large cities are somewhat more
likely to have growth boundaries,
park proximity standards, affordable
housing ordinances, and pedestrian-
friendly development guidelines.
The region's largest cities do relatively
well at allowing high density develop-
ment and lower parking requirements
in their downtowns and near transit.
However, there is still plenty of room
for improvement, as even the largest
cities receive, on average, less than
half of the available points in density
and parking standards.
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Distance From Major
Metropolitan Area
Cities farthest from their respective
metropolitan center (San Francisco,
Oakland, or San Jose) tend to have
somewhat stronger growth policies.
This is especially true for growth
boundaries, park proximity stan-
dards, affordable housing policies,
and strong development standards.
These distant cities most likely devel-
oped as discrete towns. Petaluma and
Napa, the first- and third-place cities
overall, were originally established
as regional agricultural centers. In
recent years, many of these towns
ha ve intentionally strengthened
their historical ch~racter, and in the
ensuing planning processes, they
have adopted smart growth policies.
Cities closer to metro areas can adopt
smart growth strategies to maintain
their character, rather than becoming
bedroom communities without a
distinct identity.
. Household Income
In a striking trend, cities with the
highest median household incomes
have the weakest growth policies. In
fact, cities with the highest median
20
incomes have the worst average score,
22 %, of any grouping of cities.
Wealthy Bay Area towns are failing
their residents and the region. They
are not keeping development within
growth boundaries. They are less
likely to allow mixed-use develop-
ment or have pedestrian-oriented
development standards. They require,
instead of discouraging, low-density
development with high amounts of
parking. And they do not require that
new development include affordable
homes.
,
All Bay Area towns have a respon-
sibility to accommodate a growing
population in a way that preserves
the region's quality of life. At the very
least, the region's wealthiest towns
should be doing this as well as other
towns are. But currently, towns with
fewer resources are doing a better
job at creating walkable,vibrant
downtowns with good development
standards. Wealthy towns are not
doing their part; but they can, and
they should.
The Key Factor: A Commitment to
Good Growth
Ultimately, demographic and geo-
graphic factors are not the strongest
predictors of which cities have strong
smart growth policies. Cities large
and small, distant and central, and
rich and poor received high smart
growth scores. The key factor in a
city's smart growth score is the work
done by the city planning staff under
the leadership provided by the City
Council. That means that ultimately,
it is up to residents and their elected
leaders to commit to good growth.
This is good news. It means that, no
matter how big a city is, how well-off
it is, or where it is, it can do smart
planning for growth. Examples
already exist right here in the Bay
Area; local cities are making each
of these policies work. It is simply a
matter of learning from one another,
and taking the steps to adopt a full
set of smart growth policies.
Bay Area cities need to do this now.
The region is growing fast and there
is no time to lose. The policies that
guide growth in each city will deter-
mine the future of the entire region.
Ptr2 ~:J4
BAY AREA SMART GROWTH SCORECARD 2006
Reduced
Growth Park Affordable Mlxed-Use Devel. Parking Devel.
Boundaries Proximity Housing Devel. Density Requirements Standards Overall
CITY SCORE SCORE SCORE SCORE SCORE SCORE SCORE SCORE RANK GROWTH TRANSIT
EXEM PT? EXEMPT?
Half Moon 73% 0% 63% 85% 10% 31% 18% 37% 45 Exernpt
Bay
Hillsborough N/A 0% 0% 0% 0% 0% 3% 0% 100 Exempt
Menlo Park 0% 0% 35% 85% 10% 25% 8% 23% 75
Millbrae N/A 88% 13% 88% 38% 28% 43% 46% 28 Exempt
Pacifica 0% 0% 0% 85% 15% 20% 38% 20% 80
Portola 0% 85% 45% 0% 15% 0% 0% 25% 70 Exempt
Valley
Redwood 0% 0% 13% 93% 28% 33% 23% 25% 71
City
San Bruno 0% 0% 0% 93% 35% 33% 15% 24% 72
San Carlos 0% 0% 50% 100% 45% 43% 38% 38% 43
San Mateo 0% 98% 35% 100% 45% 48% 45% 49% 18
South San 0% 0% 53% 93% 50% 70% 40% 41% 36
Francisco
Woodside 0% 0% 0% 50% 25% 8% 8% 13% 94
Average 5% :1.4% 23% 67% 28% 24% 20% 25%
Score
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Santa Clara County
Campbell NjA 88% 0% 100% 15% 20% 23% 41% 38 Exempt
Cupertino 73% 88% 60% 43% 13% 3% 23% 41% 37
Gilroy 73% 88% 25% 100% 10% 23% 3% 45% 29
Los Altos 0% 0% 0% 85% 60% 8% 44% 18% 82 Exempt
Los Altos 0% 88% 0% 0% 8% 0% 8% 15% 88
Hills
Los Gatos 0% 0% 45% 85% 5% 0% 18% 20% 81
Mil pitas ~8% 98% 0% 93% 53% 15% 25% 53% 13
Monte 70% 0% 0% 0% 0% 0% 0% 13% 95 Exempt
Sereno
Morgan Hill 83% 88% 0% 100% 43% 40% 58% 56% 10
Mountain NjA 88% 60% 100% 38% 23% 60% 57% 8 Exempt
View
Palo Alto 0% 88% 60% 93% 35% 33% 38% 48% 21
San Jose 100% 88% 25% 93% 73% 73% 63% 69% 2
Santa Clara N/A 0% 45% 85% 20% 10% 33% 29% 59 Exempt
Saratoga 0% 0% 0% 85% 15% 27% 9% 14% 91 Exempt
Sunnyvale 0% 0% 55% 85% 70% 25% 48% 39% 42
Average 4:1.% 53% 25% 76% 30% 20% 30% 37%
Score
Solano County
Benlcia 93% 88% 48% 93% 8% 25% ~ 18% 53% 13
Dixon 0% 0% 0% 50% 10% 10% 5% 11% 97
Fairfield 93% 88% 13% . 43% 18% 60% 38% 46% 26
Rio Vista 0% 98% 38% 100% 20% 4% 53% 39% 41 Exempt
Suisun City 0% 98% 0% 85% 10% 23% 48% 37% 46
Vacaville 0% 88% 0% 50% 18% 20% 35% 26% 67
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BAY AREA SMART GROWTH SCORECARD 2066
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PHYLLIS MYERS
CUPERTINO, CALIFORNIA, IS NO
ordinary affluent suburban commu-
nity. Perched atthe foothills of Sili-
con Valley's Santa Cruz Mountains,
the city is home to Hewlett-Packard,
Apple (and one of its founders,
Steve Jobs), Sun Microsystems. and
a slew of high-tech finns. Since its
incorporation in 1955, Cupertino,
with its handsome suburbs, green
vistas, beneficent climate, and
exemplary education system, has
seen its population soar to rnore
than 50,000 and counting.
Discord over growth came to a
head recently over CUpertino's city
Direct Democracy and Development
A mixed-use development
with 204 apartments,
shops, and a nine-story
hotel in downtown
Cupertino, CaUfomia,
stirred up some discord
over growth In the
suburban community.
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lronically~ the success of the
)miJrt. growtb movement in
21f1gag~n9 citilf:1iS HkElly [ti.iS
stimulated de-vclopnl~ni
referenda by raising
expertatioos. among all players:
about their ability to shape
growth and by encouraging
mtterSar1es in go to Ule- mat
mther than negotiate.
mum building setback of 35 feet in
most parts ofthe city. Any changes
to these restrictions were to have
been approved by voters in another
referendum.
Another grass-roots group, Advo-
cates for a Better Cupertino, argued
that the rneasures would exacerbate
sprawl and wasteful land use.
"Overly restrictive limits on building
heights and density would throw
the baby out with the bathwater,
handicapping our region's ability to
accornmodate growth," they said.
"Requiring large setbacks is espe-
cially shortsighted. Buildings that
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council approval of a mixed-use
development with 204 apartments,
shops, and a nine-story hoteL While
the project was consistent with the
municipal's general plan favoring a
vibrant, walkable downtown, a
grass-roots group called the Con-
cemed Citizens of Cupertino saw it
as an assault on the city's subur-
ban character and placed three ini-
tiatives on the November 2005
ballot that called for increasing citi-
zens' control over development of
this type.
The three meaSLlres proposed to
amend the general plan to cap
height at 36 feet and density at 15
units an acre and to require a mini-
U R BAN LA N 0 J U N E 2 0 0 6
a re closer to the street are an inte-
gral part of what makes older sub-
urbs and shopping districts feel
inviting and safe for pedestrians,"
they maintained.
The Cupertino ballot measures
triggered the first explicit collabora-
tion between the building industry
and the San Francisco, Califomia-
based Siena Club on a ballot mea-
sure. according to Tim Frank, a senior
official in the latter's Healthy Commu-
nities program. In a joint op-ed piece
published in The Merrury News,
Frank and Beverty Bryant, executive
director of the region's Home
Builders Association, explained their
reasons for working together:
These extreme measures . . . are
totally contral)' to principles of
smart growth, which promote
development within existing cities
rather than in open space . . . '
When the home builders and the
Sierra Club can agree on the dev-
astating impacts. . . it should be
clear that they're not in our com-
munity's best interest.
This unusual alliance may be a
harbinger of other opportunities for
case-by-case convergence of usually
opposing interests. ConselVation-
sensitive planners and environmen-
tal activists i ncreas(ngly are saying,
"We can't always say no. What kind
of development do we want to
foster?" The development commu-
nity is learning that negotiation can
smooth the way to "yes" and to
profitable projects.
Land Decisions at the Ballot
However, we are not there yet While
the ballot is not a factor in most land
decisions, it has become a signifi-
cant arbiter in a number of places.
Califom ia is the epicenter of this
trend, thanks not only to rapid
growth and a receptive political cul-
ture, but also, as Califomia land use
experts William Fulton and Paul
Shigley write in their Guide to C11lifor-
nia Planning, to initiative-friendly
court rulings that "opened the flood-
gates for ballot-box zoning."
Though associated in the popular
rnind with "stop growth" and "no
new taxes," ballot rneasures are, in
fact. more nuanced. At the statewide
leve~ development-related measures
include Califomia's Proposition 13,
which in 1978 sparked a tidal wave
of property tax. restrictions that
arguably increased local reliance on
fiscal zoning; Colorado voters' recent
endorsement of a moratorium on
mandated tax. refunds; the 1972 Cal-
ifomia Coastallnitiatlve calling for
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more sensitive management of
shoreland development; and the
dismantling of Oregon's growth
management systern in 2005-
This November, state measures
are likely to include a constitutional
amendment to encourage orderly
conselVation-sensitive development
of Arizona's extensive trust lands
and a rash of measures to restrict
eminent domain.
Local development-related ballot
measures have played a catalytic role
in sounding alarms over sprawling
development around the country,
beginning during the 1960s, that
evolved into the smart growth move-
ment. The measures demonstrated
their potency in 1998 when a Wash-
ington, D.C.-based Brookings Institu-
tion survey "connected the dots" of .
othelWise fragmented local meas-
ures to reveal a pattern of grass-roots
unease about prevailing develop-
ment and a surprising wiUingn ess on
the part of voters to pay for buying
and protecting resource lands as a
means of changing course. It is one
thing to report poll results; it is
another when people approve taxes
and debt to back up their opinions.
While buying land and financing
transit systerns have proven quite
popular at the polls, other land refer-
enda involving new or modified plan-
ning regimes and govemance-
general plans, amendments and
rezonings, growth caps, urban growth
boundaries, and annexation, for
example-have been rnore controver-
sial, and often opposed by local
developrnent and real estate groups.
Sometimes statewide and national
associations lend support, depending
on the projecfs wider implications.
"Referendum zoning has the surface
appeal of democracy in action but, in
the zoning context, it. . . is very
destabilizing to orderly planning and
social equity and undermines settled
land use decisions," the D.C.-based
National Association of Home
Builders wrote in 2002.
Although critics have called the ini-
tiative and referendum process an
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FIGURE 1: NUMBER OF STATEWIDE INITIATIVES BY DECADE
400
:3 350
>
-300
!;{
1=250
z
;;::200-
o
0; 150~
w
~ 100-
~ 50-
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~ ~ m m m ~ ~ m m gN
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Nole: Tbe IUIlber of In/IlaIIveS In the west coast slates 01 {afjlomla, Oregon, and WashIngton is shown willi
dart shading. SOlrte: John 6. MaIsusaka, Died: Democracy Works, JOIIIIlII of Emnomic PerspecIlves, Vol. 19,
No.. 2, SpriIg 2005.
exotic or even un-American too~ it
actually predates women'!! suffiage,
Social Security, and the direct election
of u.s. senators in this country, John
Matsusaka, director of the Initiative &
Referendum Institute at the University
of Southern Califomia, points out
Rooted in the Populist and Progres-
sive movements of the late 19th and
early 20th century, it empowered citi-
zens to bypass or restructure legisla-
tures that seemed beholden to spe-
cial interests and impervious to
meaningful election turnover. Today,
this authority exists in 24 states,
mostly but certainly not entirely in the
West, and in many cities and commu-
nities around the country.
Supporters contend that refer-
enda call attention to emerging pri-
orities to which "the system" was
not responding. The process moves
programs and policies closer to the
wishes of the majority, according
to Matsusaka, while Elisabeth R.
Gerber. professor of public policy at
the University of Michigan. believes
that it makes "the politics of devel-
opment more transparent"
Critics counter that the ballots
reduce corn pi ex options to simplistic
"yes" or "no" votes, permitting narrow
or not-in-my-backyard (NIMBY) inter-
ests to win out over the larger public
interest and closi ng out needed nego-
tiation and compromise. If voters are
dissatisfied with the system, they
argue, they sJ:lould vote for new repre-
sentatives in regular elections.
Recent Development
Referenda: Topics,
Strategies, Results
A sampling of state and local devel-
opment-related measures, recently
placed before voters or on track for
the November ballots, provides fur-
ther insights into the complex land
issues these ballots address, the
reasons for their inclusion on the
ballot, the lineup of supporters and
opponents, and the implications of
these trends for a future that will
see substantial growth in the very
communities where the initiative
and referendum process is most
prevalent
Urban Growth Boundaries, About
85 California municipalities have
adopted some type of growth
boundary to contain urban expan-
sion, protect farmland, and encour-
age denser development Some 48
were adopted between 1990 and
2002, according to a study con-
ducted by Gerber. Boundaries
adopted by ballot initiative tend
to be more extreme than those
adopted by elected officials, typi-
cally providing that voters must
approve any changes, she finds. The
real estate industry, builders, and
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business groups have campaigned
vigorously against citizen-driven
boundaries on grounds that they
reduce the supply of buildable land,
raise housing prices, and create
inequity. Local elections in 2005 in
California's East Bay included four
developer-backed modifications to
growth boundaries. Of these, two
were adopted-despite the opposi
tion of environmental groups.
Public Lands. In November, Ari.
zona voters will decide whether to
approve far-reaching changes in the
rnanagement ofthe state's 9.3 mil-
lion acres of trust lands. The consti.
tutional amendment would set
aside 694,000 acres in a conserva-
tion reserve and create a dedicated
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revenue stream to pay for stronger
oversight ofthe entire trust land
estate. "Philosophically, I don't favor
use of the initiative on land devel-
opment issues," says Luther Propst,
director of the Tucson, Arizona-
based Sonoran Institute. "But thank
goodness Progressives put these
measures in place." With three fruit-
less legislative campaigns behind
him. Propst concludes, ''The legisla-
ture isn't providing leadership for
development with environmental
sensitivity."
Supporters of the Arizona mea-
sure include, In addition to conser-
vationists, major developers of new
communities, education groups
(trust land revenues finance educa.
tion), and many big businesses.
While supportive of many of its
goals, Tom Farley, vice president for
govemm'ent affairs of the Arizona
Association of Realtors, says the
JUNE 2006
U R BAN LA N 0
131
DII:1.-a '7
--' - - -. --
tl~~f,~~:0r;~1~2t~.::~~i~~r~I~,~~,~.t1ii,~.0~;~t._4i,at.~r
organization will consider its official
position after the legislative session
is over. Opponents, including cattle
farmers, have filed a bill in the legis-
lature to place a competing meas-
ure on the November ballot
Annexation. Last November,
voters in Prescott, Arizona, a scenic
city nestled in a valley near the
Bradshaw Mountains, handily
approved the Reasonable Growth
Initiative, a charter amendment that
requires the approval of a superma-
jority of the city council for sizable
annexations and extends the public
cornment period to 60 days before
council action on the proposal. Sup-
porters say the measure will make
annexation more transparent and
allow moderate growth, while real
estate agen~ and homebuilder
groups, who put a tidy sum into a
campaign to defeat the measure,
contend that it is a "restrictive
growth measure" that allows two
council mernbers to derail an
annexation. Last December, voters
in Durango. Colorado, narrowly
defeated a stricter annexation
measure that called for a referen-
dum on most annexation proposals.
Planning and Zoning Refonn.
Restricting, expanding, or clarifying
citizen initiative authority on land
issues is a hot topic in quite a few
state legislatures and courts. Last
July, for'exarnple, Utah's supreme
court unanirnously cleared the way
for a citizen-initiated referendum on
a council-approved pro-develop-
ment zoning change in the city of
Sandy. Although voters upheld the
city's action in the referendum,
developers and lawmakers from
Sandy sponsored a legislative
attack on citizen challenges to
adopted land decisions and munici-
pal planning authority that. they
say. are unreasonably stretching out
development decisions in the fast-
growing Salt Lake Valley. The bills
were derailed, but observers say the
issues are not settled.
In addition, a state-appointed
working group on land use reform
in Massachusetts hopes to modify
the requirernent that zoning
changes must be approved by a
two-thirds vote of legislative offi-
cials. This is an especially high bar
in the 41 towns where the town
meeting is the legislative body, crit-
ics say. Towns could be given the
option of adopting majority rule for
zoning changes and holding refer-
enda on general plan approvals so
that plans will cany more weight
when zoning decisions are made.
Growth Caps. In 2002. Douglas
County, Nevada, voters approved the
Sustainable Growth Initiative that
capped growth.at 280 units a year in
the county outside of the area man-
aged by the Tahoe Regional Planning
Agency. The cap was premised on a
. level of growth consistent ~th the
water supply. A group of developers,
builders, and construction compa-
nies joined with Douglas County to
sue for surnmary judgment, arguing
that the cap was inconsistent with
master plan provisions for orderly
growth and restricted the housing
supply. The district court agreed, but
the Nevada Supreme Court reversed
the decision on appeal, holding that
the Smart Growth Initiative was "not
so inconsistent as to require us to
strike down the will of the people by
holding it invalid." Further legal
action is possible.
Transit/Transportation. In 2005,
voters approved 21 of 25 measures
to finance the local share of trans-
portation investments, including
transit, in their comrnunities. The
DoC-based Center for Transportation
Excellence, which tracks these
measures, says the business com-
munity has been critical to success,
providing major financial support for
campaigns and rallying support
among business leaders. Given the
success of transit-oriented develop-
ment, development interests are
increasingly active players in efforts
to pass these measures. the center
reports.
Big-Box Development. Diverse
ballot measures around the country
132 U R BAN LA N 0 J UN E 2006
FIGURE 2: STATES WITH INITIATIVE IN 2004
(ADOPTION YEAR IN PARENTHESES)
co
(910)
AK
(1956)
NO
(1914)
SD
(1893)
NE
(1912)
OK
(1907)
Solfie: Jom Go Matsusaka. "Direct Demoaacv Works," JownaI 01 Emnomlc Pmpedlves, VoL 19, No.2. Spring 2005.
in 2005 challenged decisions by
elected officials to accommodate or
reject big-box development While
citizen groups have been prime
rnovers of these referenda, develop-
ers increasingly are sponsors, too.
"Wal-Mart is not shy about present-
ing its case directly to voters,"
Shigley observes. The results are
mixed: in November 20CJ4, Hudson,
Ohio, rejected a developer's request
to rezone land for a 350,000-square-
foot shopping center that would be
exempt from local zoning as well as
from architectural and environrnen-
tal review, while Talbot County,
Ma1)lland, voters upheld a cap on
retail stores of more than 65,000
square feet after lowe's challenged
the county decision. Wal-Marfs bid
for citizen blessings for a proposed
supercenter in Ingleside, California,
was rejected in an April 2004 refer-
endum in that city. Belfast, Maine,
voters relaxed a voter-approved ban
on big-box stores in a limited sec-
tion of the historic town, and lodi,
Califomia, rejected a citizen initiative
that would have required voter
approval for stores larger than
125,000 square feet
Eminent Domain, Two statewide
referenda on the Colorado ballot in
November are among a series pro-
posing to tighten the rules under
~hich private property can b~ taken
by lecal governments for economic
development projects. Builders are
divided on the issue, says Lany
Morandi of the Denver, Colorado-
based National Conference of State
Legislatures. "Redevelopers do not
want to see eminent domain cur-
tailed and new developers raise
issues of property rights." While the
f1uny of legislative activity would
suggest that ballot measures are
redundant. proponents know that
successful referenda can help move
legislation forward.
Why Is This Happening?
"My impression is that ballot-box
zoning comes into play when local
planning processes have failed,"
observes David Goldberg, communi-
cations director of D.C.-based Smart
Growth America. "Citizens are react-
ing to rapid growth, to their percep-
tion that they don't know the
process. and they want to control
it," explains Debbie Basser!, assis-
tant staff vice president for land use
policy of the D.c.-based National
Association of Home Builders. The
ballot measures "fly in the face of
intelligent growth," says Colorado
developer Paul Banu, who never-
theless recognizes that people are
acting "out of frustration."
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Ironically, the success of the .
smart growth movement in engag-
ing citizens has probably stimulated
development referenda by raising
expectations among all players
about their ability to shape growth
and encouraging adversaries to go
to the mat instead of patiently
negotiating.
As the players get more sophisti-
cated about each other's priorities
as well as their respective power,
and weigh on-the-ground outcomes
and the costs of campaigns and liti-
gation, a new trend is emerging,
says Tom Steinbach, president of
Greenbelt Alliance, based in the
San Francisco Bay Area. "This is
very early," he cautions. ''We are
still seeing many of the old-type
measures. But we're. also starting to
see developers who are interested
in compact growth and infil~ and
environmentalists, including Green-
belt Alliance, who are putting our
actions where our talk has been."
Greenbelt Alliance has worked
quietly with developers and land-
owners in several large projects in
the Bay Area involving transit--ori-
ented infill and new development
inside urban growth boundaries.
While the controversial scale of the
projects could put them on track
for a ballot measure, the parties
decided to try to achieve the best
possible result and avoid pro-
tracted referenda and litigation.
uAt the end of the day, we stood
with the developers and landown-
ers, and it was a good result,"
says Steinbach.
All sides are aware of the pitfalls
of this ~pproach and guard the
legitimacy their support gives to a
project Gerber's research lends cre.
"We are sWt seeing many of
the old-type measures, But
we're atso starting to see
devefopers who are interested
!rl comport Qrowth ~md [11m/,
I.' .
ilEl elWirOiti i'ielniWSC ArilU c' i !,~
putting our actions where our
talk has been,!!
dence to this new pragmatisrn. She
found that interest group endorse-
ments and public sweeteners,
including sorne directed to neigh-
borhoods most affecte~ by the pro-
posed development, gamered
needed voter support for developer-
sponsored measures in San Diego.
"By fOlTTling coalitions with local
interest groups and involving them
in the local process, governments
and developers can build support
for new development"
This is not a panacea forthe con-
flicts over development that are evi-
dent in many American communi-
ties, but it is an emerging trend
worth noting. U.
PHYLLIS MYERS lsaWishington,D.t-oosed
plaMklg mnsullinl and member of lhe boIJrd 1If
iIdvIseIS of lhe InIlIaIlve & Referelllllm IlISIIIute wllo
iIIIVIses gowmments, nOfllJOlll: organlzilllons, and
buslnesses on sIaIe and loCill deVl!lopment and finance
ballot measures.
.'
Cap Cana. Dominican RepubliC
WWN.frederiksledlodFlf_Com
Marina Villages
Mega-Yacht Facilities
Development Planning
MarketJFeaslblllty Studies
Design-Build-Develop
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JUNE 2006
URBAN LAND
133
J){ 12- ..-:.y.f
530 homes planned for Mayfield site
Page 1 of2
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Posted on Mon, Jul. 03, 2006
530 homes planned for Mayfield site
BV Renee Koury
Mercury News
The Mountain View City Council's unanimous approval last week of plans for 530 homes at the site of the former Mayfield
Mall opens the way for the city's biggest single housing development of the past decade -- and possibly the largest for
years to come.
Still, even though neighbors worry about the onslaught of cars, crowds and condos, city leaders say the big development
doesn't come close to meeting the high demand for more housing in the valley.
. 'There are 200,000 people who commute into Santa Clara County each day, and this is just 530 more homes," said
Mountain View Councilman Greg Perry. "It's a very nice, small step in the right direction. Very nice, but very small."
The Association of Bay Area Governments projects more than 1 million people will move into the nine-county area in the
next 20 years. Under state mandate, Santa Clara County must make room for about 7,700 new housing units each year.
The Mayfield development is even larger than Whisman Station, with 515 units adjacent to the 'ITA light-rail line along
Central Expressway, built in the mid-199Ds, city planners said.
Councilman Matt Pear said increasing supply can lead to more moderate housing prices.
, . Since the mid-90s, there's been a big push by housing advocates to allow more high-density housing," he said.
. 'We've made a commitment to look at areas that can support more housing" near public transit.
That doesn't quell the concerns of people in the neighborhoods of Monta Lorna, Greenmeadow, Rosewalk and San Alma.
that surround the Mayfield development. The mall site, which later became a Hewlett-Packard campus, sits on 26 acres
straddling Palo Alto and Mountain View, at San Antonio Road and Central Expressway.
Opponents se.e potentially devastating impacts in developer Toll Brothers' plans to plunk three- and five-story condos,
town houses and retail space on 21 of those acres in Mountain View. Up to 48 more homes could be built on the five
acres that fall within Palo Alto.
Neighbors, many of whorn have conducted their own surveys on noise and traffic, say the city is cramming too rnuch into
what has been a pleasant suburban enclave.
Hundreds of people flooded City Hall with letters In the weeks before Tuesday's vote that approved the project's concept.
Hundreds more submitted written objections over the past two years.
Officials counter that the region could benefit by putting more homes near public transit; the site is near Caltrain's San
Antonio train station.
But neighbors say few people use that rail station because trains stop there so infrequently. They worry that residents of
the new development wfll join the commuter cars along clogged San Antonio Road, or worse, cut through their
neighborhoods to get out of the jams,
, 'We are not opposed to development per se," said Elna Tymes, president of the Monta Lorna Neighborhood Association.
. . We know something wfll go in there, and housing makes a lot of sense. The question is how much."
After two years of filing objections to the plan, neighbors won a few concessions. Those included a new stoplight on
Thompson Avenue, about a half-acre of extra parkland and a promise to try to keep as many mature trees as possible on
the site. The city council also added a requirement for a pedestrian tunnel under busy Central Expressway, in part to
help riders get to Caltrain.
http://www.mercurynews.comlmldlmercurynews/newsllocal/14956905.htm ?template=conte... 7/312006
Df R -30
530 homes planned for Mayfield site
Page 2 of2
. 'The fight isn't over yet/" said Tymes, the Monta Loma resident. "There's still plenty oftime for us to get some of
what we demanded," such as wider traffic lanes, fewer housing units and especially more parking.
, . I wish we could have gotten more mitigations, more traffic improvements/" Councilman Perry conceded. "But this is
a good opportunity. It won't solve the housing problem. but it's a start."
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Contact Renee Koury at rkoury@mercurynews.com or (650) 688-7598.
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f)tIJ. "31
..
.AIIE 13
JulIE 30, 2001I
SIUCON VAllEY I SAIl JOSE
BUSINESS JOURNAL
aanjDle,bIljo.umlls,cum
I:nterpnslng IrJeas
I
Family business
Secrets of three brothers' success with father's business
II ...... 11
l~ 'L-.""
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High-density
ADVOCATE
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IIEHRlG ON DOWIIT1IWN: Ckls MllnJ Df WnSOh MIIIIJ Sulllv.n, a. "JOcale I.t mlled-lIIl, hlgh-dlhslly denllplllnl, II _ndlnllhlllnmll-lltJ, InII1 pIlIjlcll are Ihl WlIl' I. 11'.
Developer Chris Meany looks for the legacy projects
D'r' 1.1l. DINEEN AND SMARDN SIMONSON
jkdIn_@bbjMnBls.CIIII
5IlIllDlllDII@bIzjNJoIILCGfII
density housing,'" he says. "But we think
there is also another group of people,
YOlmll'er people, who do, who want high-
rise living with a pool and fitness center
versus a lawn. ~
The demand that developer Federal Re-
alty Investment Trust saw when U de.
cided to sell the condoll at Santana Row
- "8 manufactured downtown"
_ proves his point, he adds.
"You see holl' well people reo
sponded to that. Won't they also
want to live in the real verslon~
of downtown San Jose, he asks.
Besides that, he says, all that
Wllson Meany and ClM need to
make downtown San Jose's Cen.
Chrts Mean, tralPlace development a success
Wilson Meany Sullivari are 4DD buyers, not the entire
city of San Jose.
. But while transit-oriented in-
fin housing is trendy public poliCY. it's
not always popullU' with real people who
don't work at City Hall. In San Mateo,
downtown's time is now that it has agreed
to pal'lner with Hollywood developer CIM
Group to bund what, when It is done, wUl
be the largest high.rlse resldentiai com-
plex yet in the valley'sllU'gest urban core.
The project's pricetag is $230 mUlion..
Behind Mr. Meany's optimism are what
he sees as South Bay success stories in.
The vh.tues of mixed-use, high-denslty
development are commonly quoted In the
South Bay's myriad city planning dep8l'l-
ments today, .
But for developer CJu:is Meany
and his firm, Wilson Meany Sul-
llvan, such words are backed bY'
deeds,
In projects from San Mateo's
Bay Meadows' remake,to a two-
tower high-rille condo develop-
ment in downtown San Jose, the
. company is betting big on the
success of inner-c1ty, 1nfill pro}
eels. Along the way,. It Is tak-
Ing substantial financial risk
and some con:uiaunity heat. Mr.
Meany, however, appears undaunted.
Lots oC folks have discussed downtown
San Jose's potential "Cor a very long
Ume," he concedes, and thus far, success
"has been elusive,"
. But Wilson Meany Is so conndent that
'We think there Is also another group of
paople...who want high-rise livIng with a pool and a
fitness center versus a lawn:
.,
volving at least two mixed.use develop-
ments, coupled with "a periodIc change
in taste" within some sectors of the local
populace,
"When we go to speak to some groups,
they tell us, 'We don't want your hlEb-
$Ie PIlIIFI.E, PIp 14
f)j Ie .-8A
Enterprise
14 THEBUS1NESsJOURNAl.
sanjose.blzjoumale.com
JUNE 30, 2008
.
pROFILE: Pruneyard developer tackles turbulence with mixed-use plan for Bay' Meadows project
..
Mr. Meany and his partners factl stawlch opposition
to the Bay Meadows project, which includes 1,250
homes, 1.2 mllHon square feet of offices, 15 8C!"'S of
parkland and 150,000 square feet of stores and 1...5.
taurtmts.
Opponents of the plan to demolish the historic Bay
Meadows racetrack falled to get enougb signatures
to place the issue before volers In the June election.
But they are not glvillg up. Donna Bischoff of the
group Save Bay Meadows says the developers lack an
understanding of San Maleo's culture and histOl'Y.
"Meany .., Is trying to Impose his own lifestyle
preference on people who moved to the suburbs be.
cause they wanted to distance themselves from the
urban envirolUnenl," she Sllys.
. Mr. Meany, who grew up In Ihe suburban com.
munlty of Pasadena but now lives In San Francisco,
says he understands whY the rhetoric of so-called
new urbanism is threatening to older suburbanites.
"If you raised your family In a suburban world In
which everybody had a single-famlly home and you
made those lifestyle choices and suddenly somebody
is cpmlng along saying 'there Is a better wa'J to live,'
you could get very defensive about thaI," he says.
But with housing costs among the most ellpensive
111 the coWltry and traffic cboklng even far.flung
suburbs, many young Bay Area families long for
a different kind of housing and lifestyle than they
grew up with, he believes.
uYounger peuple recognize that their only road to
home ownership and security lies in adopting a new
development model," Mr. Meany says.
Mr. Meany said he Is not trying to I-am allY thing
down the community's throat.
"A long time ago we got over the notion that you
just go into a back office and draw a land plan that
makes you the most amount of money and go Iry to
sell it to people:' he says.
Mr. Meany, 46, came to land development the Ion.
gel' way around. Aner graduating from Georgetown
Unlversit)' with a degree in economics, Mr. Meany
went to worlt for a medtcal technology company.
When the Food and Dl'ug Administration rejected
the project he was working on, he lost bis job. He
concluded he didn't have the technical expertise to
make it In medical products. So he started looking
[or other options.
"1 WM looking for a product thai a simple guy liIle
me can understand," he says. "Well. people have
been building buildings for a few thousand years. I
tbought. 'I ought to be able to figure that out.'''
He landed a summer job overseeing a l...tail proj.
ect in Florida with a small British company, Aston
Development, whose owner, Art Kean, was Investing
Saudi money bl historic luanslon8. Eventually As.
ton Development sent Mr. Meany to San Fi:ancisco,
where he was put in charge of the redevelopment of
48 Stockton St., tbe fanner 1. Magnin headquarters
where FAO Schwartz eventually moved.
Mr. Kean also sent the young Mr, Meany to Paris
and umdon to "walk the slreets and get Ideas."
Mr. Kean instilled in him the twin virtues of good
'Younger people recognim that
their only road to home ownership and security
lies in adopting a new development model.'
Chris Meany
Wilson Meany Sullivan
real estate; "He was fairly rigorous about the need to
develop pro formas and to be (financially) analytlc,
on the one hand, and, on the other, encouraged me to
understand the more artful side of the business."
In 1989, at 29, Mr. Meany struck out on his own.
He wall hired to l...develop the Flood Building at
Powell and Markl!t streets In San Francisco, where
Jim Flood paid him a developer's fee to carve up and
find lIew tenants for the 100,Ooo.squa1....foot build.
ing. He landed the Gap as an anchor tenant, and the
restoration caught the eye of Peninsula l...al estate
tycoon William WIlson, who hired him to l...develop
the PruneYard, a struggling shopping, office. and
hotel complex In Campbell now owned by ChIcago's.
Equity Office Pt'opel'tles Trust. .
While not a true lnix.ed.use development In todllY'S
sense of the phrase, the PruneYard, buUt some 411
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years ago, In some ways foreshadowed the approach.
Today, the PruneYard's nearly 600,000 square feet
of shops and offices are almost completely full, lInd
the project, which Includes a 17H'oom hotel, "pel-'
forms very well, year after ye 8l" after year," says
Mark Gelsreitel', EOP's sentor vice president for
the San Francisco regIon. That success is the fruit
of EOP's continued investment In the project, but
also Is attributable to MI'. Meany's additions and
th", original concept, Mr. Geisreiter says.
In 1996, Mr. Meany and Mr. Wilson formall:.ed
their relatlonshlp, formIng Wilson Meany to do
high-end infill p1'Ojects in the $20 lnilllon to $40
million range. After a ZOOO partnership wtth EOP
dissolved within three years. the two went back out
on their own in partnership with Tom Sullivan.
The firm employs 35 people now.
While many developers test the capital markets
each time they have a new project, Wilson Meany
Sulllvan Is luckY to have Terry Fancher's Stock.
bridge Partners. a private real estate fund, as a
consistent financial backer.
"Tbe relationship allows us to be both stronger
and more nimble," Mr. Meany says.
Karen Alschuler, a principal with the architecture
and urban planning finn SMWM, who worked with
Mr. Meany on redeveloping San Francisco's Ferry
Building and on a 5;500-home v1l1age for Treasure
Island, says Mr. Meany brings "a fresh !lye."
"Chris Is definitely one of a kind,"'she says.
On the Ferry Building development. Ms. Alschul-
er says it was Mr. Meany who pushed to limit the
retail portion to regional food producers, even dur-
ing the poor economic times, when It was difficult
to find tenants. Now the bulldin g Is fullY occupied
and the food hall alone generated more than $50
million In revenue last year.
Michael Cohen, San Francisco's director of base
reuse deveiopment, says Mr. Meany Is an unusual
combination of "creative and pragmatic."
"Too often the pragmatists give yoU projects that
are boring, and the creative ones give you projects
that don't pencil," says Mr. Cohen, who Is working
closely wIth Mr. Meany on the Ti'easure Island proj-
ect. "Chris has the ability to rind the place whel~
they overlap."
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