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PC 03-27-07 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION APPROVED MINUTES 5:30 P.M. MARCH 27, 2007 TUESDAY CUPERTINO COMMUNITY HALL The Planning Commission study session of March 27,2007, was called to order at 5:30 p.m. in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, California, by Chairperson Lisa Giefer. . SALUTE TO THE FLAG ROLL CALL Commissioners present: Chairperson: Vice Chairperson: Commissioner: Commissioner: Commissioner: Lisa Giefer Cary Chien David Kaneda Marty Miller Gilbert Wong Staff present: Community Development Director: Steve Piasecki Assistant Planner: Piu Ghosh Assistant City Attorney: Eileen Murray STUDY SESSION Cupertino's Sustainabilitv Pro{!ram Piu Ghosh, Assistant Planner, presented the staff report: . Reported that the 2007 Work Program approved by the Planning Commission and City Council included the implementation of the sustainability policies adopted in the General Plan in November 2005. The identified strategies in different areas included energy, water, wildlife conservation, green building design, air quality and efficient land use planning and zoning. . The implementation of the program is divided into two phases, the first phase to conduct an audit of the existing policies of the city, to ascertain what will be done; and the second phase is what will be done about sustainability policies. . Walter Wells and Monica Gilchrist represent Global Green, the consultant for the sustainability process. Walter Wells, Global Green: . Provided a background on the concept of sustainability and how other local governments have approached the topic. He said that sustainable planning and development accommodate the City's future changes while recognizing that the community's environmental resources are fragile, invaluable and interrelated. Sustainable planning integrates and balances environmental decisions with economic considerations and recognizes the symbiotic relationship between the natural environment, the community and the economy. In the long term, protecting and sustaining the City's viable ecological communities and environmental resources will result in the protection of both the human and natural environments. Cupertino Planning Commission 2 March 27,2007 . Reviewed statistics related to buildings in the built environment; Global Green's expertise is predominately in the area of green building and green building programs which have been historically being connected to a microcosm of sustainability and sustainability programs. . He pointed out that the buildings they construct and occupy use about 40% of the energy, and another 30% of the energy is related to transportation. . Who came up with sustainability? Many people will say the idea emerged in the 60s or in the 80s, but Thomas Jefferson was talking about sustainability in 1798 saying how each generation needs to pay its own debts during its course and not passing on burdens to future generations. . He said how to address the idea of sustainability needs to be put in an ecological context; one must understand the sense of place, and to do sustainability in Cupertino, you need to understand Cupertino, its topography, climatology, social makeup, its development programs, where it has been, and where it is going, and craft a solution that will fit. It has to be structured to something that everyone can reasonably aspire to, so setting a goal that is unachievable to most people is unpractical and ultimately frustrating. . Activation of the plan resulted from the Rio Earth Summit in 1992. Agenda 21 was the document that came out of Rio, which was the requirement or request that national governments create a sustainability plan and commitment to sustainability. Included is the local Agenda 21, which says local governments are also encouraged to come up with a sustainability plan, and a number of cities have approached it in different ways. . He said the social and financial components of the sustainability project have to be considered, because if they are not, the project may not be successful. The best program in the world could be created, but if people don't want to participate in it, it will fall. Cities apply sustainability by breaking it down to practical list of eight items, which Cupertino already participated in many. The programs address things like solid waste diversion, storm water management, water conservation for landscaping, air quality management, redevelopment or economic development, toxic use reduction, and green procurement. . Sustainability can be seen as a way to create an overall structure. Many cities will have those structures where people are doing things in different areas not working together. It is not organized with overall structure and sustainability can create some cohesion and synergy in those programs. . The benefits of sustainability include greenhouse gas reduction and improved water quality. For the city, creating this tent can create a connection between programs being more effective. There is more collaboration, resulting in a more efficient city hall; sustainability is a way to do something more specific about preserving the quality of life and give it some direction; a way to attract new industry, healthier places to live, healthier work environment, higher property values, and civic pride. People are excited about being part of a city involved in the idea of sustainability. . He reviewed what other local governments have done to address sustainability, and illustrated various green building projects in the U.S. Monica Gilchrist, Global Green: . Global Green will study what is currently going on in Cupertino in terms of programs, policies, what is happening with Title 24, water quality, recycling, the positives that are already taking place in the city and will be looking across the board to see where there might be room for opportunity. Interviews will be conducted and meetings held to identify where opportunities and successes are. The consultant will also be looking at the relationship between sustainability and green building components to help decide what is going to be the best avenue. . The tool that will be used is the LEED Matrix, which is a rating system, a national standard with over 5,000 buildings currently registered with different levels of certification. Cupertino Planning Commission 3 March 27,2007 . A draft report with analysis and recommendation will be submitted for the City Council and Planning Commission; and following feedback to determine the direction to follow, the final report will be submitted in the summer. . Sustainability is not new to Cupertino; there is extensive, dedicated, specific work in the General Plan that outlines specifically some of the goals Cupertino would like to achieve in terms of sustainability and there are ten specific goals outlined in the slide presentation, but are directly from the General Plan update. . Green Building and sustainability across the board cover five main categories: site, what happens where a building is built and how that impacts the surrounding area; water efficiency; energy and atmosphere; materials and resources; and indoor environmental quality. It relates to what the previous consultant Mr. Wells addressed in terms of health; how it impacts people, not only the quality of life of the residents. It is a known fact that increased indoor environmental quality can improve things like test scores for students. Students who attend green schools perform better. Employees who work in green buildings perform better; there are definite economic paybacks. . She reviewed the scope of work as outlined in the staff report, including time lines for Planning Commission presentation; Review and Analysis of Existing City and Regional Policies and Programs; Interviews With Staff; Preparation of Draft Report; City Council Presentation; and Final Report. Chair Giefer: . Asked Mr. Wells if, in addition to Title 24, they would look at AB32, the state energy legislation recently passed and the city's compliance to that. Walter Wells: . Said including AB32 would be a good idea. He explained that AB32 is the legislation passed about climate change and that California would start putting some documented procedures in place about measuring performance in terms of carbon emissions. Chair Giefer opened the meeting for public comment. Jennifer Griffin, Rancho Rinconada resident: . She said that when discussing the greening of California, it was important to ensure that as many trees possible be planted in Cupertino to protect the urban canopy. Trees are very important for shade; they reduce energy consumption by air conditioners during the summer. Building homes with overhangs on them and porches helps to keep the residents inside cool and comfortable. . She also stressed the importance of reuse of wood for future construction, rather than dumping the wood in the landfill. Jessica Rose, Cupertino resident: . Said that when the Forum first discussed the East Vallco property, and brainstorming what should happen to that property, she commented that she would like to see some green standards set by the city for the building done on that site, whether residential or commercial. . She presented an article from a recent issue of the San Jose Mercury business section entitled "Will Green Tech Become the Valley's New Bubble." The author indicated that sustainability was a beginning with a lot of money going into green building. She reiterated that the City of Cupertino has the opportunity to be leaders in sustainability, with building space that is already green, which gives and require at least commercial green companies a place to start. Cupertino Planning Commission 4 March 27, 2007 . She reported that other cities are offering the residents incentives to use solar power in their homes; and said there are many things that a city can do to lead the residents in the right direction, but the city and the ordinance needs to set the direction. ' S. Mitas, Cupertino resident: . Commended the City of Cupertino with its sustainability efforts; and said that it would be a good way to get people involved if they would outreach to communities such as her townhouse and other apartment buildings. Chair Giefer closed the public input portion of the meeting. Chair Giefer thanked all those who attended the study session and encouraged them to attend subsequent meetings regarding the green building issue. Steve Piasecki: . Said that people driving by Stevens Creek, North DeAnza Boulevard and Wolfe Road should appreciate that the thousands of mature trees that align the major streets, are a result of policies put into the General Plan and some of our specific plans. . He pointed out that Com. Kaneda was an expert in green building and asked him to speak on what he is doing with his San Jose office building. Com. Kaneda: . Said that he purchased a 7,000 square foot Bank of America building built in the 50s, with no windows, and did a sustainable remodel; known as the first net zero energy/zero carbon emission commercial office building in the county. The building will generate all its energy through photo voltaic panels, and no gas and carbon dioxide will be generated. During the day it will push energy back into the grid and at night pull energy off the grid and generate electricity. By doing so, it is cleaner than putting in a system where it is self-contained and isolated because during the day it will offset the dirtiest power plants. In the summer on a hot day; the utility companies fire up everything and generate the electricity demand in cleaning their dirtiest plants, but at night they can shut down the dirty stuff and the power that is being generated at night is clean. . Asked what the mix was of residential projects compared to commercial projects Cupertino has coming up in the next ten years, square footage wise. Steve Piasecki : . There is more opportunity for commercial development in North Vallco, South Vallco; some expansion at DeAnza College; some opportunity in the North DeAnza Boulevard area; we have residential, smaller scale infill; some retrofit of existing complexes. He said commercial office outweighs the residential, by about 2: 1 or 3: 1. There are more homes, but less square footage per home even at the larger developments; for the larger developments, you will see larger buildings. Com. Kaneda: . Pointed out that there was a lot of home construction, much of it remodel and some new construction, but that LEED doesn't really has a high volume of TBD on some of the requirements because it is still in the draft form. He asked about their take on what they do for homes as there is a fair amount of construction in the Cupertino area. Cupertino Planning Commission 5 March 27,2007 Walker Wells: . Said that the LEED For Home rating system is more complete than the 1.8 or 1.9 version presented. He said they are currently on the 1.11 version and many of the TBDs have now been determined. . He said it was still a work in progress, with the pilot scheduled to end in June. Global Green is the LEED for Home provider for about ten multi family LEED for home projects, in conjunction with Davis Energy Group and it appears to be working very well on the multi- family. He indicated they were not doing any single family, therefore did not know how it would apply there. There are also things happening at the U.S. Green Building Council level to bring it in conformity with the other lead products, which will ultimately make it better. He said the bigger picture is that they are using LEED and LEED-NC as a tool to measure sustainability because it is presently the best opportunity and also because so many of thes conversations about sustainability quickly move into the area of green building. Com. Wong: . Asked staff what the schedule was for a workshop for the public to get community input. . Asked the consultant to comment on the best process for workshops vs. public hearings to receive feedback from the Chamber of Commerce and Sierra Club. Steve Piasecki : . Agreed that community input was important, and noted that Phase I was to identify opportunities doing the audit; and Phase 2 would be the timeframe to receive community input at a workshop. W alker Wells: . Concurred that there was a need for a less formal workshop where people representing the full spectrum of interest come and express their opinions and contribute their ideas. In order for the meeting to be effective, they have to be well prepared. Phase I is the opportunity to work on preparation, to understand the existing conditions in the context so that at that meeting, they can say this is what we know, these are the types of things we would like your feedback on, types of programs that would be seen as most valuable, priorities, sequencing, what the city could do to help, what you could do to help. . When initially talking with staff, the decision was to go through Phase 1 the analysis and then go to Phase 2, partly because there was a desire to be thorough and comprehensive in the inventory; whereas other cities have charged through that part. He said what they proposed before was to have a green ribbon committee, which is an idea that resonates with the public and the media. Vice Chair Chien: . Said that it was good timing for the discussion of sustainability. He asked the consultants to define LEED and LEED- NC for the community. Monica Gilchrist: . Explained that the U.S. Green Building Council created a rating system for buildings and the rating system called LEED (Leaders in Energy and Environmental Design). The rating system was originally developed for new construction for larger commercial buildings, and was a 26 point minimum entry with a possibility of up to 52 points. . NC means New Construction and was developed in the late 90s and began implementation and approval in 2000-01. In 2007 there are many LEED products and the products are LEED for existing buildings (LEED-EB); LEED for neighborhood development (LEED-ND); and LEED modules that address things such as schools. Cupertino Planning Commission 6 March 27,2007 . LEED is expanding rapidly; many cities, states and counties have adopted LEED policies so they put on the books that all buildings built by the city of Los Angeles will be LEED certified or LEED and different levels as greater points are achieved. What makes LEED an exceptional rating system is that it is nationally accepted and it is a very rigorous and arduous process in the beginning. There are currently 7,000 registered buildings to go through the LEED process. Chair Giefer adjourned the study session. Following a recess, the regular Planning Commission resumed at 6:45 p.m. APPROVAL OF MINUTES: None WRITTEN COMMUNICATIONS: None POSTPONEMENTSIREMOV ALS FROM CALENDAR: 2. U-2007-01, ASA-2007-01, TM-2007-01 (EA-2007-01) Frank Ho (Baig residence) 10630 Linnet Lane Use Permit and Architectural Site Approval for four 2,185 square foot single-family residences in a planned development. Tentative Map to subdivide a 22,647 square foot parcel into four parcels ranging from 4,575 to 5,247 square feet. Planning Commission decision final unless appealed. Postponed from the March 13, 2007 Planning Commission meeting. Request t postponement to the April 24, 2007 Planning Commission meeting. Motion: Motion by Com. Wong, second by Vice Chair Chien, to postpone Item 2 to the April 24, 2007 Planning Commission meeting. (Vote: 5-0-0) 4. TM-2007-03 Tracy Hsu 21871 Dolores Avenue Tentative Map to subdivide a .46 acre parcel into two 375 square feet and 11,470 square feet Planning Commission decision final unless appealed. Request removal from calendar. Motion: Motion by Com. Wong, second by Vice Chair Chien, to remove Application TM-2007-03 from the calendar. (Vote: 5-0-0) ORAL COMMUNICATIONS: None CONSENT CALENDAR: Steve Piasecki clarified that there was a noticing error on the application; therefore the application could not be discussed, and would have to be postponed. 3. R-2006-62 Ray Chen (Lin residence) 7453 Stanford Place Residential Design Review for a new, two-story 2,693 square foot residence. Planning Commission decision final unless appealed. Request continuance to April] 0, 2007 Planning Commission meeting. Motion: Motion by Com.Wong, second by Vice Chair Chien to postpone Application R-2006-02 to the April 10, 2007 Planning Commission meeting. (Vote: 5-0-0) Cupertino Planning Commission 7 March 27,2007 OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION: The Environmental Review Committee: No meeting held. Housin{! Commission: No meeting held. Mayors Monthly Meetin{! With Commissioners: No meeting held. Economic Development Committee: No meeting held. REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Steve Piasecki reported that the third and final meeting of the North Vallco community workshop is scheduled for Monday, April 2, 2007 in the Community Hall. A citywide notice was mailed out. ADJOURNMENT: The meeting was adjourned to the April 10, 2007 Planning Commission meeting at 6:45 p.m. SUBMITTED BY: Approved as Presented: AprillO, 2007