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HC Resolution No. 14-01 Recommending Approval of the Proposed Municipal Code Amendments Regarding Housing and the Amendment to the Housing Element of the General Plan and Other Zoning Code Amendments for Clean-Up and Consistency adn the Prioritization CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION N0. 14-01 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE PROPOSED MUNICIPAL CODE AMENDMENTS REGARDING HOUSING AND THE AMENDMENT TO THE HOUSING ELEMENT OF THE GENERAL PLAN � AND OTHER ZONING CODE AMENDMENTS FOR CLEAN-UP AND CONSISTENCY AND THE PRIORITIZATION OF THE POTENTIAL HOUSING ELEMENT SITES WHEREAS pursuant to Cuperfino Municipal Code Section 2.86.100, the Housing Commission is authorizec� to assist the Planning Commission and the City Council in developing hosing policies and strategies for the implementation of general plan housing element goals, and recommend policies for implementation and monitoring of affordable housing projects;and WHEREAS on August 28, 2014, the Housing Coinmission reviewed the portions of the general plan and proposed amendments to the Cupertino Municipal Code relative to the housing and affordable housing at a public hearing; NOW, THEREFORE, BE IT RESOLVED that the Housing Commission does hereby approve the following: The Housing Commission recommends approval of: 1. The proposed amendments to tlie City of Cupertino Municipal Code as shown in Attachment A:Municipal Code Amendments 2. The proposed amendments to the City of Cupertino General Plan as shown in Attachment B 3. The prioritization of the Potential Housing Element Sites as shown in Attachment C PASSED AND ADOPTED this 28�' day of August 2014, at a Special Meeting of the Housing Commission of the City of Cupertino by the following roll call vote: , AYES: ,,,� E..1�l so t�� e,vnen r (�c,i'o��:�� (�crr��-�-� 1 �hv NOES: Jv�� ABSTAIN: .�-� ABSENT: N��' ATTEST: -- 1�PPR ,. , j �� , '�� / Aarti Shrivastava F�Ctrista Wilson, Chair Assistant City Manager I�ousing Commission ATTACHMENT A MUNICIPAL CODE AMENDMENTS Table of Contents T'ITLE 19-ZONING CHAPTER 19.08: DEFINITIONS CHAPTER 19.12: ADMINISTRATION CHAPTER 19.20: PERMITTED, CONDITIONAL AND EXCLUDED USES IN AGRICULTURAL AND RESIDENTIAL ZONES CHAPTER 19.56: DENSITY BONUS CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI PUBLIC BUILDING (BQ) ANDTRANSPORTATION (T) ZONES CHAPTER 19.84: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE, PARK AND RECREATION AND PRIVATE RECREATION ZONING DISTRICTS � CHAPTER "19.f 72: BELO�'V MARKET RA�I'E HOUSING PROGRAM - 2- CH.��PTE:� Iy.OR: DEFI!�rl i��10'VS Section 19.08.010 Purpose and Applicability. 19.08.020 General Rules for Construction of Language. 19.08.030 Definitions. 19.08.010 Purpose and Applicability. The purpose of this chapter is to promote consistency and precision in the interpretation of zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context of such word or phrases clearly indicates a different meaning or construction. 1y.08.020 General IZtiles for Construction of 1_angtyabe. The following general rules of construction shall apply to the text of the zoning regulations: A. The particular shall control the general. B. In case of any difference of ineaning or implication between the text of any provision and any caption or illustration, the text shall control. C. The word "shall" is always mandatory and not discretionary. The word "may" is discretionary. D. References in the masculine and feminine genders are interchangeable. E. Words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary. F. The words "activities" and "facilities" include any part thereof. G. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected items or provisions shall apply; 2. "Or" indicates that the connected items or provisions may apply singly or in any combination; 3. "Either . . . or" indicates that the connected items or provisions shall apply singly but not in combination. H. The words "lot" and "parcel" are interchangeable. I. The word "building" includes the word "structure." J. All public officials, bodies, and agencies to which reference is made are those of the City unless otherwise indicated. K. "City" means the City of Cupertino. -3- 19.08.030 [�efinition5. Throughout this title the following words and phrases shall have the meanings ascribed in this section. A. "A" Definitions: "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. "Abutting" means having property or district lines in common. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19.100,Accessory Buildings/Structures. "Accessory structure" means a subordinate structure, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded. "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area ratio."Adjacent property" means property that abuts the subject property, including property whose only contiguity to the subject site is a single point and property directly opposite the subject property and located across a street. "Adult bookstore" means a building or portion thereof used by an establishment having as a substantial or significant portion of its stock in trade for sale to the public or certain members thereof, books, magazines, and other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined. "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or area used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators or similar entertainers, for observations by patrons or customers. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons or customers. "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification. "Aerial" means a stationary transmitting and/or receiving wireless communication device consisting of one or any combination of the elements listed below: -4- 1. "Antenna" means a horizontal or vertical element or array, panel or dish that may be attached to a mast or a to��er for the purpose of transmitting or receiving radio or microwave frequency signals. 2. "Mast" means a vertical element consisting of a tube or rod which supports an antenna. 3. "Tower" means a vertical framework of cross elements which supports either an antenna, mast or both. 4. "Guy wires" means wires necessary to insure the safety and stability of an antenna, mast or both. "Affordable units" means housing units in which the rent does not exceed thirty percent of the HUD income limits for lower and very low income households for the Santa Clara County Metropolitan Statistical Area, adjusted for household size. U � "Affordable housing cost" mc�3n5 the amount s�:t f��rth in_tl�� .I-l�alth �ind �af�t�� C�7�ie_Secti��n � W 50052.5, as may be amended. � � O � "Affordable rent" means th�: ar7lc�t��t ��t tcartl,�_ii� 'tl��_F{c�i_{ti�� ,nc1 5aftt�� C_��dt St�tion �7(��)�3., as w � - --- -- ---- - ----- ��__� x mav be amended, � H � "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture, U � livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard, or plants for the reduction of animal matter or any other similar use. "Alley" means a public or private vehicular way less than thirty feet in width affording a secondary means of vehicular access to abutting property. "Alteration", for purposes of the Sign Ordinance, means any permanent change to a sign. "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure, or change in the relative position of buildings or structures on a site, or substantial change in appearances of any building or structure. 1. "Incidental alteration" means any alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility services, fixtures, or appliances; any addition, closing, or change in size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the structure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. "Amusement park" means a commercial facility which supplies various forms of indoor and outdoor entertainment and refreshments. Animal: 1. Animal, Adult. "Adult animal" means any animal four months of age or older. 2. Animal, Large. "Large animal" means any equine, bovine, sheep, goat or swine or similar domestic or wild animal, as determined by the Planning Commission. 3. Animal, Small. "Small animal" means animals which are commonly found in single-family residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc. - 5 - "Animal care" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care,indoor or outdoor kennels, and similar services. "Apartment" means a room or a suite of two or more rooms which is designed for, intended for, and occupied by one family doing its cooking there. "Apartment house" means a building designed and used to house three or more families, living independently of each other. "Apartment project" means a rental housing development consisting of two or more dwelling units. "Approval Body" means the Director of Community Development and his/her designee, the Planning Commission or City Council depending upon context. "Architectural feature" means any part or appurtenance of a building or structure which is not a portion of the living area of the building or structure. Examples include: cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of the floor area shall not constitute an architectural projection. "Architectural projection," for purposes of the Sign Ordinance, means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia. "Atrium" means a courtyard completely enclosed by walis and/or fences. "Attic" means an area between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable. "Automotive service station" means a use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of food or grocery items on the same site is prohibited except for soft drinks and snack foods, either from automatic vending machines or froin shelves. The sale of alcoholic beverages on the site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline. "Automotive repair and maintenance (minor)" means the supplying of routine automotive services such as lubrication, engine tune-ups, smog certificates, servicing of tires, brakes, batteries and similar accessories, and minor repairs involving engine accessories. Any repair which requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be removed from a motor vehicle or requires the removal of internal parts shall not be considered minor. Body and paint shop operations are not minor repairs or maintenance. "Average slope" means the ratio between vertical and horizontal distance expressed in percent; the mathematical expression is based upon the formula described below: �_�IxLx100� A S=Average slope of ground in percent; L=Combined length in feet of all contours on parcel; I=Contour interval in feet; A=Area of parcel in square feet. - 6- B. "B" Definitions: "Banner" means a temporary display consisting of fabric, canvas, plastic or paper material which is attached to a building, vehicle, pole or other form of support. "Basement" means any floor below the first story in a building that is fully submerged below grade except for lightwells required for light, ventilation and emergency egress. A basement may have a maximum exteriar wall height of two feet between natural grade and ceiling. "Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad rights-of-way, or waterways, and not traversed by any street, railroad right-of-way or waterway. "Boarding house" means any building used for the renting of rooms or providing of table board for from three to five persons, inclusive, over the age of sixteen years, who are not members of the same family. "Building" means any structure used or intended for supporting or sheltering any use or occupancy when any portion of a building is completely separated from every other portion by a "Fire Barrier" as defined by the California Building Code, then each portion shall be deemed to be a separate building. 1. "Attached building" means buildings which are structurally connected by any structural members or wall, excluding decks, patios or fences. "Building coverage" means that portion of the net lot area encompassed within the outermost wall line which defines a building enclosure. "Building frontage" means the length or the surface of the building wall which faces, and is visible to the general public from, a private or public right-of-way or driveway. 'Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, including, in addition, office buildings, offices, shops for the sale of personal services, garages, outdoor advertising signs and structures, hotels and motels, and recreational and amusement enterprises conducted for profit. 'Business or trade school" means a use, except a college or university, providing education ar training in business, commerce, language, or similar activity or pursuit, and not otherwise defined as a home occupation. C. "C" Definitions: "Canopy" means any roof-like structure, either attached to another structure or freestanding, or any extension of a roof line, constructed for the purpose of protection from the elements or aesthetic purposes in connection with outdoor living. "Car shelter" means a roofed structure or a part of a building not enclosed by walls, intended and designed to accommodate one ar more vehicles. "Caretaker" means a person or persons employed for the purpose of protecting the principal use of the property or structure. - 7- "Centerline" means the centerline as established by the County Surveyor of Santa Clara County, the City Engineer, or by the State Division of Highways of the State of California. "Changeable copy sign" means any sign, or portion, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color, background, or message. Z O "Change of use" means the replacement of an existing use by a new use, or a change in the U nature of an existing use, but not including a change in ownership, tenancy or management w where the previous nature of the use, line of business, or other function is substantially O � ��nchanged. U "Child" means a person who is under eighteen years of age. "Child day care facility" means a facility, licensed by the State or County, which provides non- medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facility includes day care centers, employer sponsored child-care centers and family day care homes. "Church" means a use providing facilities for organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section. "College" or "university" means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree or defined by Section 94110 of the Education Code of the State of California, or successor legislation. "Collocation" means the placement of aerials and other facilities belonging to two or more communication service providers on a single mast or building. "Commercial recreation" means a use providing recreation, amusement, or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services, operated on a private or for-profit basis, but excluding uses defined as outdoor recreation services. "Community center" means a place, structure, area, or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designated to accommodate and serve a significant segment of the community. "Commercial district," for purposes of the Sign Ordinance, means an area of land designated U � for commercial use in the current Cupertino General Plan. � W H "Common interest development" means_�he follo��ing, all dttinition� c�f �-hich are based upon � � � li I� L ;;i{i - a 1� + �, . f,� _'iFlii�°I�� . .. ;r�111C'll�,, � � O H -8- U � 1_�A condominium project, 2. aA cammunity apartment project, � _, _ . Z � — -- „�,..,,.,�, �.. , ,.�� ,�,+, ,,r„�-;..�, � 3_�A stock cooperative, , ,or � �, � =�..__A planned develo�ment�n ,'„�;�;*;�„� �,�.,,,a �--Er.,.�c^��e�--��=��--H+ O � � _ . . z x o � � "Community organization" means a nonprofit organization based in the City and whose U 3 activities benefit the City, its residents, employees, or businesses. "Concession" means a benefit offered by the City to facilitate construction of eligible projects as defined by the provisions of this chapter. Benefits may include,but are not limited to, priority processing, fee deferments and waivers, granting of variances, and relaxation of otherwise applicable permit conditions or other concessions required by law. -�„r,�,,, �� ^��s: „ „ . , „ �, ' ' ` U n,.,.�,,....;,,..� �„a,,. Z , � „ „ � Q . . , Z 4. "�'1�,^�e�^�ne�t+�� .,� a„F;,,,,a t�,.,c,,,.�;,,,, ��(ll12„f+t,o u„r�„�� .,�,a n,.,,�„��;,,�� „a� Q ., �, W , , e-t��c��-�k-�r= � ; };,�,t � �.�,,,��.�.•., F,�.- �-,l„ ,t t,� � .�th.��-1 ,a,,, ,-:L,.,,a ,,, +1.;�, E;�l., r, . � _ , "Condominium conversion" or "Conversion" means a change in the type of ownership of a parcel (or parcels) of land, together with the existing attached structures, to that defined as a common interest development, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structure. "Condominium project" or "project" includes the real property and any structures thereon, or any structures to be constructed thereon, which are to be divided into condominium ownership. "Condominium units" or "units" means the individual spaces within a condominium project owned as individual estates. "Congregate residence" means any building or portion which contains facilities for living, sleeping and sanitation, as required by the California Building Code and may include facilities for eating and cooking for occupancies other than a family. A congregate residence may be a shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Convalescent facility" means a use other than a residential care home providing inpatient services for persons requiring medical attention, but not providing surgical or emergency medical services. "Convenience market" means a use or activity that includes the retail sale of food, beverages, - 9- and small personal convenience items, including sale of food in disposable containers primarily for off-premises consumption, and typically found in establishments with long or late hours of operation and in relatively small buildings, but excluding delicatessens and other specialty food shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh- cut meats. "Corner triangle" means a triangular-shaped area bounded by the following, unless deemed otherwise by the City Engineer: 1. The intersection of the tangential extension of front and street side property lines as formed by the intersection of tw�o public rights-of-way abutting the said property lines; and 2. The third boundary of the triangular-shaped area shall be a line connecting the front and side property lines at a distance of forty feet from the intersection of the tangential extension of front and side property lines. "Corner triangle," for purposes of the Sign Ordinance, means a triangular-shaped area of land adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner Triangle-Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle- Uncontrolled Intersections for details.) "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access. "Covered parking" means a carport or garage that provides full overhead protection from the elements with ardinary roof coverings. Canvas, lath, fiberglass and vegetation are not ordinarily roof coverings and cannot be used in providing a covered parking space. D. "D" Definitions: "Day care center" means any child day care facility, licensed by the State or County, other than a family day care home, and includes infant centers, preschools, and extended day care facilities. Day Care Home, Family. "Family day care home" means a home, licensed by the State or County, which regularly provides care, protection and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardian are away, and includes the following: 1. "Large-family day care home," which means a home which provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home, as set forth in the California Health and Safety Code Section 1597.465; 2. "Small-family day care home," which means a home which provides family day care to eight or fewer children, including children under the age of ten years who resides at the home, as set forth in the California Health and Safety Code Section 1597.44. - 10- "Decorative statuary," for purposes of the Sign Ordinance, means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Demonstrated safety" means a condition requiring protection from the threat of danger, harm, or loss, including but not limited to the steepness of a roadway or driveway that may create a hazardous parking situation in front of a gate. "Demonstrated security" means a condition requiring protection from the potential threat of danger, harm or loss, including but not limited to a location that is isolated and invisible from public view or that has experienced documented burglary, theft, vandalism or trespassing incidences. "Density bonus" means a density increase over the otherwise maximum allowable residential U � densitv in ac�ord�incc with the �rovisions of Cha�ter 19.56. ��ease �� '�^ �""^�^r ^� � W H � Jas of p c�n the date of the project application, �_ �}r^�� hr,,,,^'� �'�� '^�,^~~,~�^r}r^�^ . Z x ,, ,,. ,,... O H "Developer" means the owner or subdivider with a controlling proprietary interest in the U � proposed common interest development, or the person or organization making application, or a qualified applicant who has entered into a development agreement pursuant to the procedures specified in Chapter 19.144. "Development agreement" means a development agreement enacted by legislation between the City and a qualified applicant pursuant to Government Code Sections 65864 through 65869.5. U � � "D�velo��lnent standar��" ineans a 5ite or c�nstructioi� r��ulatic�n includin� but n�t Li«�ited to a � � setback rec�uirement a floor area ratio, an onsite o�en-space requirement, or a �arking ratio that -��- � applies to a residential development pursuant to anv ardinance, general p1�317 �:1��_��,�lt�s e��:ifi� Q cn — — w x �n, charter, or othtr I�cal condition, law�, poli��L resc�lution, or re�ulation. Z �., "District" means a portion of the property within the City within which certain uses of land, O � premises and buildings are permitted and certain other uses of land, premises and buildings are prohibited, and within which certain yards and other open spaces are required and certain building site areas are established for buildings, all as set forth and specified in this title. "Drinking establishment" means an activity that is primarily devoted to the selling of alcoholic beverages for consumption on the premises. "Drive-through establishment" means an activity where a portion of retailing or the provision of service can be conducted without requiring the customer to leave his or her car. "Driveway" means any driveway that provides direct access to a public or private street. Driveway, Curved. "Curved driveway" means a driveway with access to the front property line which enters the garage from the side at an angle of sixty degrees or greater to the front curbline and which contains a functional twenty-foot-deep parking area that does not overhang the front property line. - 11 - � o N � "Duplex" means a building� on a l��t_��nder one o��n�r�hip, containing not more than two � � kitchens, designed and used to house not more than two families living independently of each Q � other. W � � � O "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking � U and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by one family on a nontransient basis and having not more than one kitchen. E. "E" Definitions: "Economically feasible" means when a housing project can be built with a reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor. Emergency Shelter: "Emergency shelter, rotating" means a facility that provides temporary housing with minimal �., ci,.,iF.,.•.� �,� �� t,,, i;,��f�,a E„ �. -E �...,. ,�„�.,t��,�� ;., -, +..,:,i.,,. .�,,,,,�i, U supportive services--�-r. � ��t�-�� Z }�e+�f��x��,,," ; T'„ ',..-��;,,� ,�a r.�," ��nd meet5 criteria in Section 19.76.03�)(2)��!-�. � �� -- - Q "Emergency shelter, permanent" means a �rm�nenNy o�erated . facility that provides z � temporary housing with minimal supportive services ��^}�� '�m��^�' �� , �=�:1Tt!:=; �l w �� k��s �� en�� e� ��A �� and meet� criteria in Section � �� " } - 19.76.030(31�9�4:949 f�}. "Em�loyee Housing" means accommodations for em�lo�ees as defined by Healt}� and Safe�� U � Cc�de 17008, as ma�be amended. Z W � H "Enclosed" means a covered space fully surrounded by walls, including windows, doors and � � similar openings or architectural features, or an open space of less than one hundred square feet � � fully surrounded by a building or walls exceeding eight feet in height. � H � 3 "Entry feature" means a structural element, which leads to an entry door. "Equestrian center" means a facility for the shelter, display, exhibition, keeping, exercise or riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands, corrals and trails. "Equipment yard" means a use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity, including but not limited to, a construction material yard, corporation yard, vehicular service center or similar use. F. "F" Definitions: "Facility" means a structure, building or other physical contrivance or object. 1. "Accessory facility" means a facility which is incidental to, and customarily associated with a specified principal facility and which meets the applicable conditions set forth in Chapter 19.80. - 12- 2. "Noncomplying facility" means a facility which is in violation of any of the site development regulations or other regulations established by this title, but was lawfully existing on October 10, 1955, or any amendment to this title, or the application of any district to the property involved by reason of which the adoption or application the facility becomes noncomplying. (For the definition for "nonconforming use" see the definition "use" in this chapter.) 3. "Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or institution of any kind. "Fence" means a man-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner from the view, trespass or passage of others upon that property. "Fence height" means the vertical distance from the highest point of the fence (excluding post caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height. "First floor" means that portion of a structure less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes through one story. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in height between any floor level and the ceiling above; 6. Basements with lightwells that do not conform to Section 19.28.060I; 7. In all zones except residential, permanently roofed, but either partially enclosed or unenclosed building features used for sales, service, display, storage or similar uses. "Floor area" shall not include the following: 1. Basements with lightwells that conform to Section 19.28.060I; 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. "Floor area ratio" means the maximum ratio of gross floor area on a site to the total site area. "Foot-lambert" means a unit measureinent of the brightness of light transmitted through or reflected from an object or surface. - 13- "Freeway" means any public roadway so designated by the State of California. "Front wall" means the wall of a building or other structure nearest the street upon which the building faces,but excluding certain architectural features as defined in this chapter. G. "G" Definitions: "Garage" means an accessory building (completely enclosed) or an attached building used primarily for the storage of motor vehicles. "Gasoline service station" means any place of business which offers for sale any motor vehicle fuel to the public. "Grade" or "finished grade" means the lowest point of adjacent ground elevation of the finished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm, planter box, or similar landscaping feature, unless required for drainage, within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot area" means the horizontal area included within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from the property line, the street right-of-way line and the extended side yard to the street centerline. U z „ Q , , , r� . . . z � . n W "Guest room" means a room which is intended, arranged or designed to be occupied by � occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room is located, and which contains no kitchen facilities. H. "H" Definitions: "Habitable floor" means the horizontal space between a floor area of at least seventy square feet and the ceiling height measuring at least seven feet six inches above it, except for a kitchen which shall have a ceiling height not less than seven feet above the floor. "Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are not considered habitable space. "Heavy equipment" means any mechanical or motorized device that is not a vehicle or a commercial vehicle as defined in 19.08.030(V), including, but not limited to, a backhoe, cement mixer, crane, ditch witch, dozer, earth mover, generator, grader, tractor or any similar device. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate. - 14- Height restriction shall be established by establishing a line parallel to the natural grade. To of Q "Height", for purposes of ate the Accessory Buildings/ Entry Structures, encompasses t�'le _ Feature 0 entire wall plane nearest the d property line, including roof, eaves, and any portion Natural of the foundation visible Grade above the adjoining finished Height Limit for Eniry Features grade. "Home occupation" means a business, profession, occupation or trade activity which is performed by the resident(s) of a dwelling unit within that dwelling unit, or a yard area or garage associated with that dwelling unit, or a yard area or garage associated with that unit, for purposes of generating income, by means of the manufacture, and/or sale of goods and/or services, but which activity is clearly incidental to the use of the dwelling for residential purposes. "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. "Hotel" means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not include mobilehome parks or similar uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. However, no animal including household pets may be kept, maintained and/or raised for commercial purposes except where permitted with required permits. "Household type" means whether the occupants of the housing units are very low income, W � lower income� m�>drrate inrc�m�, or senior citizens. Z � � W "Housing development" means� fc�r the ��urpc�ses �>1 Chapter 1y.�6, D�nsitv B�nus, a �"' � �i��elupn��nt pr��j��t tc>� (i��t� �>r rnore residential units. For the �ur�oses of that chapter, O � "housin� develo�ment" also includes a subdivision or common interest development, a�proved z � b�� thc Cit�� that ce�n�ist� o( residc�nti��l_unit� �,i_unim�rc>��E�d residenti��l Ic�ts a»d eitht�r a ��r��ject O '—' _ � - 15- tu �ubstantially rehabilitate and convert an existing commercial building to residential use or z a t he su bs tan tia l re ha bi li ta tion o f an exis tin� mu l ti fami ly dwe l ling, as de fine d in Governmen t � W Code Section 65863.4(d) where the result of the rehabilitation would be a net increase in � �' � available residential units. O � z x . o � � „ „ � 3 I. I Definitions: "Industrial district," for purposes of the Sign Ordinance, means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Institutional district," for purposes of the Sign Ordinance, means all BQ PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. J. "j" Definitions: "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. K. "K" Definitions: "Kitchen" means an area in habitable space used for the preparation of food and including at least three of the following: 1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; 2. Counter; 3. Refrigerator; and 4. Sink. L. "L" Definitions: "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p.m. to seven a.m. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thousand square feet may utilize such parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as a single-family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after July 1, 1984. - 16- "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms. "Liquor store" means a use requiring a State of California "off-sale general license" (sale for off- site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off-sale general license. "Living space" means habitable space and sanitation. "Loading space" means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an accessory building to persons other than members of the family residence in the dwelling unit, for overnight occupancy on a residential occupancy basis, whether or not meals are provided to the person. Lodging shall be subject to the residential density requirements of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons; each two- person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. "Lot" means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease or separate use. 1. "Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 2. "Flag lot" means a lot having access to a street by means of a private driveway or parcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. "Lot area" means the area of a lot measured horizontally between boundary lot lines, but excluding a portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drainage easement and excluding any portion of a lot within a street right-of-way whether acquired in fee, easement or otherwise. "Lot coverage" means the following: 1. "Single-family residential use" means the total land area within a site that is covered by buildings, including all projections, but excluding ground-level paving, landscape features, lightwells, and open recreational facilities. - 17- 2. "All other uses except single-family residential" means the total land area within a site that is covered by buildings, excluding all projections, ground-level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no clear rear lot line. "Lot line" means any boundary of a lot. 1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a corner lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means the lot line not intersecting a front lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4. "Side lot line" means any lot line which is not a front or rear lot line. 5. "Street lot line" means any lot line abutting a street. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds which has been recorded. "Lot width" means the horizontal distance between side lot lines, measured at the required U � front setback line. Z '� � W "Lower-income household" means a household whose gross income+�.-asdc��s nc�t t��c�ed that -��- Q established by Health and Safety Code Section 50079.5, �� m�� b�: a�1i��ded. O � z x M. "M" Definitions: Q �' U � "Major renovation," for purposes of Chapter 19.116, Conversions of Apartment Projects to Common Interest Development, ineans any renovation for which an expenditure of more than one thousand dollars was made. "Major repair," for purposes of Chapter 19.116, Conversions of Apartment Projects to Common Interest Development, means any repair for which an expenditure of more than one thousand dollars was made. "Manufacturing" means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing fabrication, assembly, treatment, packaging of products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammable or explosive material (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other appliances or devices with or - 18- without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. "Massage parlor" means a building or portion thereof, or a place where massage is administered for compensation or from which a massage business or service for compensation is operated which is not exempted or regulated by the Massage Establishment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. W � U � "Maximum allowable residential density," for �ur�oses ot Cha�ter 19.56, Densitv Bonus, z ,� means the maximum density allowed under the zoning ordinance and land use element of the � �, general plan. For purposes of that Cha�ter, if the maximum density allowed under the zonin� � � ordinance is inconsistent with the densit� allowed under the land use element of the general � � plan, the e� neral �lan density shall prevail. z � O �., "Minor change" means an alteration or modification of an existing plan, development or project U � which is substantially inferior in bulk, degree or importance to the overall dimension and design of the plan, development or project with no change proposed for the use of the land in question, no change proposed in the character of the structure or structures involved, and no variance required. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semi- permanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. "Mobilehome park" means any area or tract of land where lots are sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose W � U of permanent or semi=permanent housing. Z � � �„_'vloderate inc�m� household" ineans a hu�i��l��,l�i_��h�,�� zu5� in��me d�� i��i ��ct��5d th��f � establish�d b�� Section 50�y3 ��f i�he Hcalth and Sal�t�� Cc�dc, a5 ma� be amended. � � w x "Multiple-family use" means the use of a parcel for three or more dwelling units which may be Z Iin the same building or in separate buildings on the same parcel. � � N. "N" Definitions: "Natural grade" means the contour of the land prior to improvements or development, unless otherwise established by a city approved grading plan that is part of a subdivision map approval. H � „ ��t- z z � � � Q H z � �€_#-#�-��H-r�-�-«-��--��t#��«-�=��-€�+� a�ti ,� ,, -,i ,� ,a �, Q Z W O ��:`•-t�"�"�"' � U "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. - 19- O. "O" Definitions: "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sales services. 2. "Medical office" means a use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of inedical and healing arts for humans, licensed for such practice by the State of California and including services related to medical research, testing and analysis. 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, accounting, architecture, dentistry, design, engineering, including associated testing and prototype development, but excluding product manufacturing and/or assembly, law and medicine, but not including sale of drugs or prescriptions except as incidental to the principal uses and where there is external evidence of such incidental use. 4. "Office district," for purposes of the Sign Ordinance, means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA or OP zone or which are designated for offices on the general plan. "Offset" means the indentation or projection of a wall plane. "Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a common interest development. "Outdoor recreation use" means a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. P. "P" Definitions: "Park" means any open space, reservation, playground, swimming pool, golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" means an unroofed, paved area, delineated by painted or similar markings, intended and designed to accommodate one or more vehicles. "Parking facility" means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this title. Parking facility includes parking lots, garages and parking structures. - 20- 1. "Temporary parking facility" means parking lots which are not required under this title and which are intended as interim improvements of property subject to removal at a later date. "Parking space" means an area on a lot or within a building, used or intended for use for parking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. Parking space is equivalent to the term "parking stall" and does not include driveways, aisles or other features comprising a parking facility as previously defined in this chapter. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. "Permit" means a permit issued by the City Council, Planning Commission, Design Review Committee, Director of Community Development, or any other decision body as empowered by the Cupertino Municipal Code, approving architecture, site improvements, buildings, structures, land and/or uses. Permits may include but shall not be limited to Administrative Approvals, Two-story Permits, Minor Residential Permits, Architectural and Site Approvals, Development Permits, Conditional Use Permits, Exceptions, Variances or Subdivision Maps. "Person" means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any other form of business or legal entity. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or individual athletic development, increased skill development in sports activity, or rehabilitative therapy for athletic injury. "Perspective drawing" means a rendering of a three-dimensional view depicting the height, width, depth, and position of a proposed structure in relation to surrounding properties and structures when viewed from street level. "Picnic area" means a facility providing tables and cooking devices for preparation and consumption of ineals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing controlled access to fixed or movable objects which are used to test and measure accuracy of discharge from a weapon. "Private educational facility" means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. "Project improvements" means all public road improvements, undergrounding utility improvements, and improvements to the on-site utility networks as reguired by the City of Cupertino for a common interest development. - 21 - "Projection" means architectural elements, not part of the main building support, that cantilevers from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects. "Promotional Device" means any sign, display, fixture, placard, vehicle or structure that uses color, form, graphic, symbol, illumination or writing to advertise a special event or the opening of a new business. "Property" means real property which includes land, that which is affixed to the land, and that which is incidental or appurtenant to the land as defined in Civil Code Sections 658 through 662. 1. Property, Adjoining. "Adjoining property" means any unit of real property, excluding lands used as public streets, sharing one or more common points with another property. "Provider" means a person who operates a child day care home and is licensed by the State of California. "Public dancehall" is a building or portion used for dancing purposes to and in which the general public is admitted and permitted to dance, upon payment of any fee other than compensation, or upon payment of a charge for admission, or for which tickets or other devices are sold, or in which a charge is made for the privilege of dancing with any other person employed for such purpose by the operator of the establishment, including but not limited to taxi dances, but excluding restaurants, hotel rooms and nightclubs in which the dancing is incidental only to other entertainment. Q. "Q" Definitions: "Qualified applicant" is a person who has a legal or equitable interest in real property which is the subject of a development agreement, determined pursuant to Section 19.116.070. Qualified applicant includes an authorized agent. U � "�)u��lif��in�� r��sident," fc�r purposts_��f Cha��tcr 19.56, I)ensit�� E3c�nus, of this Code, m�an� a Z � -- —— �Cllll)1' Cltl!_l'Il c)]' il��lt I '�Cf U(!.`�� l�'1�� ll� l�l'S1�'�l' II1 c7 ��'711(>I l I�VI'Il }l��Utilll�' ��l'�l'��1 �Ill�'llt. �' W �___ -- �--.�___. _ _ _ --__ ---�--- _ k_—____- "�"' H -- -- --- ---- � E'-� R. "R" Definitions: � "Recreational open space" means open space within a common interest development (exclusive Z H O � of required front setback areas) which shall be used exclusively for leisure and recreational U � purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and to which such occupants (and their visitors) have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included as open space. "Recyclable materials" means discards or waste materials that may be separated or mixed, collected and processed, and used as raw materials for new products. For purposes of this chapter, recyclable material does not include hazardous materials. "Recycling center" means a facility for the collection and/or processing of recyclable materials. Recycling center does not include storage containers or processing activity located on the - 22- premises of a commercial or manufacturing use and use solely for the recycling of material generated by that business or manufacturer. 1. "Recycling center, Certified" or "Certified Processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 2. "Recycling center, Mobile" means an automobile, truck, trailer or van licensed by the Department of Motor Vehicles, which is used for the collection of recyclable material. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers and used for the collection of recyclable materials. A mobile recycling center may consist of an enclosed vehicle such as box cab or enclosed semi-trailer or an open vehicle such as a flatbed trailer with bins or boxes to contain recyclable materials. "Recycling facilities" may include the following: 1. a-"Collection facility" means a facility for the acceptance (donation, redemption or sale) of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in �T�a��E�:�,i� �-�=-�Chapter 19.1U£�, Be��era�� C�ntainer IZedem�tioi� �nd Kecvclin� Centers. Collection facilities may include the following: a_�-Reverse vending machine(s); b. _++-Sma11 collection facilities which occupy an area of not more than five hundred square � feet, and may include: Z i_ i{-A-}A mobile recycling unit, H ii. {-�}-Bulk reverse vending machine or a grouping of reverse vending machines � � occupying more than fifty square feet, � O iii. {�}Kiosk type units and bulk vending machines, W iv. {�}-Unattended containers placed for the donation of recyclable materials; � c. +a�Large collection facilities which may occupy an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and may include permanent structures. _ta "Processing facility" means a building or enclosed space use for the collection and � Z processing of recyclable materials. Processing means the preparation of material for efficient �, shipment or to an end-user's specifications, by such means as baling, briquetting, F'' � compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and � remanufacturing. Processing facility includes the following: � �3. +-A light processing facility occupies an area of under forty-five thousand square feet of � gross collection, processing and storage area and has up to two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. - 23 - b. ++:-A heavy processing facility is any processing facility other than a light processing facility. "Religious institution" means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities including accessory housing incidental thereto, but excluding a private educational facility. Any use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution. � "Research and develo�ment" means a use enga�ed in stud ,��n, anal�isis and ex�erimental � � development of nroducts=nrocesses or services includin� incidental manufacturin�of products Q O or�rovisions of services to others. — � � "Residential care facility" means a building or portion designed or used for the purpose of � providing Ywenty-four-hour-a-day nonmedical residential living accommodations pursuant to � the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other consideration, where the duration of tenancy is determined, in whole or in part, by the W � individual resident's participation in group or individual activities such as counseling, recovery z � planning, medical or therapeutic assistance. Residential care facility includes, but is not limited � � I to, health facilities as defined in California Health and Safety Code (H&SC� Section 1250 et seq.�, � � community care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly � cr� (H&SC Section 1569 et seq.) ur tacilities f�r th�� mtnt<�II�� di��>rdcrcd c�r ulh��r��isr han��icappt�d Z � �1ti'�:I Cc�� St�ctiun ��IUU tt �t�� --alcoholism or drug abuse recovery or treatment facilities � '–' �_l, 3 (H&SC Section 11384.11), and other similar care facilities. "Residential district," for�u�oses of the Sign Ordinance, means the R1, RHS, R2. R3. R 1 C, A� � and Al zonin�classifications which are consistent with the residential desi�nation of the � � � Cupertino�eneral plan. Q O W W Restaurant: 0 � 1. Restaurant, Fast-Food. "Fast-food restaurant" means a retail food service establishment in � which prepared foods or beverages are served or sold on or in disposable containers, including those establishments where a substantial portion of the patrons may serve theinselves and may consume the food and beverages off-site. A separate bar facility for serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as ice cream stores,bakeries or shops, shall not be considered fast-food restaurants. 2. Restaurant, Full Service. "Full-service restaurant" means any restaurant which is not a fast- food restaurant. Alcoholic beverages may be served with meals at a customer's dining table; however, a separate bar facility for serving alcoholic beverages is not permitted without a use permit. -24- MOVED UP „ „ . _ . , _ . � U ��cc�iaicir�ltll ,,.,,.,, L.,�,.�„" i�T�c�a=r�-ii=rt' tt.-t�_t+f_� t�t-�-�y��tr ttf i ti t'f �++t�f E�f�-�-tt t'#1`*t't�--�}t`_��?t`-��rl��'.,t�} � " ' � i i Q r i-�-c�e�t-��1�f h'-�� Q r ` (S] � ri ri / i i r r r MOVED UP "Reverse vending machine(s)" means an automated mechanical device which accepts one or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value, as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling center, multiple grouping of reverse vending machines may be necessary. 1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container. O „ . F--� �, �-��Fr- � ��+{c-�+-�t�r=��t+-�++3 �� c-x�+•,-i-i��—t=l�ta-r-,��+ti-tt-tr+c.��3t�-�a��'��rF H � , U � �,...-.�..,.�t f=F��}:'��r�-�`� -�?<-�-tea. ,_x�,�.�+�t�. tG�ti.:_a�'-4i#\� �{i..i�.,._� ►,:.at-�.F• �-�,.k�•�-��«.'+-a��-i,-}+�-+�+�-#�-�-fi:�t-t=+�N<�---i-k�--��--tH � � � �T Q S. "S" Definitions: "Screened" means shielded, concealed, and effectively hidden from view at an elevation �f up to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. "Second dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling is situated. "Senior citizens" means: 1. Persons at least sixty-two years of age; or 2. Persons at least fifty-five years of age in a senior citizen housing development, in accordance with State and federal law. - 25- "Seniar ��itizen housing development" means a housing develo�ment with at least thirty-fiv� W � dwellin�; units as defined in the Civil C��de Section 51.3, or a mobilehome�ark that limits z � residency based on age requirements far housin�for older�erson�ursuant to Section 798.76 Q W or 799.5 of the Civil Code, as may be amended. = � �' � O � . � _ , z x _. , , � , o � � �. u,. ��:,, „F .,�,,, �� „�„ .,a,.�a F;�+�, ;�� .�i.;�i. „ ��,+.. .,},.�� U � � �, � �, � � MOVED TO CHAPTER 19.56 "Setback line" means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Setback Area, Required. "Required setback area" means open space, unoccupied and unobstructed from the ground upward, except as provided in this title, between the lot line and the setback line on the same parcel. 1. Setback Area, Required Front Yard. "Required front-yard setback area" means the setback area extending across the front of a lot between the front lot line and the setback line. Front yards shall be measured either by a line at right angles to the front lot line, or by a radial line in the case of a curved front lot line, except flag lots which is the area extending across the full extent of the buildable portion of the flag lot measured from the property line which is parallel to and nearest the street line and at which point the lot width equals a minimum of sixty feet. The Directar of Community Development shall have the discretion to modify the provisions of this definition when it improves the design relationship of the proposed buildings to adjacent buildings or parcels. 2. Setback Area, Required Rear Yard. "Required rear-yard setback area" means the area extending across the full width of the lot between the rear lot line and the nearest line or point of the main building. 3. Setback Area, Required Side Yard. "Required side-yard setback area" means the area between the side lot line and the nearest line of a building, and extending from the front setback line to the rear setback line. "Shopping center" means a group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the parcel. "Shopping center," for purposes of the Sign Ordinance, means a retail entity encompassing three or more tenants within a single building or group of buildings, but within which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. - 26 - "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail 7-6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway) "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. 1. "Animated sign" means any sign which projects action, motion or the illusion thereof, changes intensity of illumination or changes colors, including the likes of balloons, banners and flags, and blowing or air-powered attractions, but excluding electronic readerboard signs and signs that display the current time or temperature. 2. "Blade sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of the sign in a plane perpendicular to the plane of the building wall. 3. "Development Identification Sign" means a ground sign at the major entry to a residential development with twenty units or more meant to identify the name and address of the development. 4. "Directional sign" means any sign which primarily displays directions to a particular area, location or site. 5. "Directory sign" means any outdoor listing of occupants of a building or group of buildings. 6. "Electronic readerboard sign" means an electronic sign intended for a periodically-changing advertising message. 7. "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. 8. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. 9. "Ground sign" means any sign permanently affixed to the ground and not supported by a building structure. The height of thesign shall be measured from the grade of the adjoining closest sidewalk to the top of the sign including trim. 10. "Identification sign" means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. 11. "Illegal sign" means any sign or advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. 12. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility. 13. "Informational sign" means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. - 27- 14. "Landmark sign" means an existing, legal non-conforming ground sign that has a distinctive architectural style. 15. "Nonconforming sign" means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. 16. "Obsolete sign" means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. 17. "Off-site sign" means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. 18. "On-site sign" means a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. 19. "Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. 20. "Portable Sign or Display" means any outdoor sign or display not permanently attached to the ground or a structure on the premises it is intended to occupy and displayed only during business hours. Portable sign or display includes A-frames, flower carts, statues, and other similar devices used for advertising as determined by the Director. 21. "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. 22. "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. 23. "Real estate sign" means a temporary sign indicating that a particular premises is for sale, lease or rent. 24. "Roof sign" means a sign erected between the lowest and highest points of a roof. 25. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. 26. "Temporary Sign" means any sign, display, banner or promotional device which is designed or intended to be displayed only during the allowable business hours or for short periods of time as specified by the Director of Community Development. 27. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. 28. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid license plate. 29. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. -28- 30. "Window sign" means any sign that is intended to be read from outside of the structure or painted on a window facing a public street, parking lot, pedestrian plaza or walkway accessible to the public. . "Sign Area" for an individually lettered sign without a background, is measured by enclosing the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for examples of sign area calculation) The sign area for a sign with borders and/or background is measured by enclosing the exterior limits of the border or background with a single continuous perimeter. The necessary supports, uprights, and/or the base on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more, the area of each part may be computed separately. "Single-family use" means the use of a parcel for only one dwelling unit. "Specialty food stores" means uses such as bakeries, donut shops, ice cream stores, produce markets and meat markets, or similar establishments where food is prepared and/or sold primarily for consumption off the premises. "Site," for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. "Special event," for purposes of the Sign Ordinance means a temporary promotional event including,but not limited to, a special sale on merchandise or services, or grand openings. "Special Event Banner" means any temporary sign constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. "Story" means that portion of a building, excluding a basement, between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. - 29- "Street" means a public or private thoroughfare the design of which has been approved by the City which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter. 1. Street, Public. "Public street" means all streets, highways, lanes, places, avenues and portions and including extensions in the length and width, which have been dedicated by the owners to public use, acquired for public use, or in which a public easement for roadway purposes exists. "Street frontage," for purposes of the Sign Ordinance, means the length of a site along or fronting on a public or private street, driveway or other principal thoroughfare, but does not include such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 1. Structure, Recreational. "Recreational structure" means any affixed accessory structure or portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing apparatus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof structure or similar physical attachment. "Supportive housing" (per ��„ u�, ,��i, �,„a c,�,.�,� r_,,.a , ;�,�_�-� , ,��,�,�G�vernment C�de Secti��n 655�2(� as ma� b� amended) means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive w � housing resident in retaining the housing, improving his or her health status, and maximizing Z � his or her ability to live and, when possible, work in the community. � � T. "T" Definitions: � O �' w `� „Target population" (per ��'„��+�n��►t��-� �f�c��—�+1€��-�{k�}E?)C�u�ernm��nt L��cit� Stctiun z � 65tih2�� s_ma�_L�� <im�rndr�i) means persons with low incomes having one or more disabilities, � � including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act(Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) .,r, �- i . .��:�t}t i„i,a. ,i,a. ,.i , _, ��;t, �, ;��, , � . . , �, � . �. "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy. -30- U � "Transitional housing" " (per �^ u^�'�'� �^�' �� Z ,,.�.� �� '��.� �"'Government Code Section 65582(hl, as may be amended) means buildings � � configured as rental housing developments, but operated under program requirements that call � � for the termination of assistance and recirculation of the assisted unit to another eligible � � program recipient at some predetermined future point in time, which shall be no less than six O � � months from the be�innin� of assistance. (> � "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to a sign. U. "U" Definitions: "Use" means the conduct of an activity, or the performance of a function or operation, on a parcel or in a building or facility. 1. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. 2. "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable solely on a discretionary or conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. 3. "Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955; or the date of any amendments thereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. (See "noncomplying facilities" in this chapter for a definition.) 4. "Permitted use" means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5. "Principal use" means a use which fulfills a primary function of a household, establishment, institution, or other entity. "Useable rear yard" means that area bounded by the rear lot line(s) and the rear building line extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition equaling ten percent or less of the principal structure) may be included in calculation of usable rear yard area. V. "V" Definitions: "Variance application" means an application for which an exception process is not identified in the Municipal Code. "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motorcycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. -31 - 1. Vehicle, commercial. "Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of goods. 2. Vehicle, Recreation. "Recreation vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreation vehicle includes, but is not limited to, trailers, motor coach homes, converted trucks and buses, and boats and boat U � trailers. z � "Very low income household" means a household whose gross income ��-do��s n��t �xc��tc� � � that established by Health and Safety Code Section 50105, as mav be amended. � � w "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or z � structure into the interior or exterior areas of adjacent residential structures, which area is either � � completely or partially private, designed for the sole use of the occupant, and/or which serves to fulfill the interior and/or exterior privacy needs of the impacted residence or residences. W. "W" Definitions: None. X. "X" Definitions: None. Y. "Y" Definitions: "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yard" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. 2. "Rear yard" means a yard measured into a lot from the rear lot line, extending between the side yards; provided that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearrnost point of the lot depth to a line parallel to the front lot line. 3. "Side yard" means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line. Z. "Z" Definitions: None. -32- CHAPTI-(: �I9.I?: :�DMINISTRATION Section 19.12.010 Purpose and intent. 19.12.020 Applicability of Regulations. 1912.030 Approval Authority 19.12.040 Authority of the Director of Community Development. 19.12.050 Authority of the Design Review Committee. 19.12.060 Authority of the Planning Commission. 19.12.070 Authority of the City Council. 19.12.080 Application Process 19.12.090 Action by Director. 19.12.100 Decision 19.12.110 Noticing. 19.12.120 Action by Director of Community Development — Administrative. 19.12.130 Action by Design Review Committee and Planning Commission. 19.12.140 Action by City Council. 19.12.150 Notice of Decision and Reports. 19.12.160 Effective date. 19.12.170 Appeals 19.12.180 Expiration, Extension and Revocation. 1y.12.O10 Purpose and intent. The purpose and intent of the Administration section is to establish procedures for the discretionary review of development in the city in order to ensure that new development and changes to existing developments comply with city development requirements and policies. This chapter establishes the procedures for review of applications before the approval authorities for each type of project and the process for appeals of any requirement, decision or determination made by any Approval Body. 1�.72,0?0 app�icahility oE Regulations. Except as otherwise provided in this section, Development Review is required for all zoning map and text amendments, new construction, modifications to building exteriors or site improvements, and changes in Land Use, including, but not limited to, the following: A. In the A, A1, Rl and RHS Zones, the following activities: -33 - 1. Conditional uses in accord with Chapter 19.20, Chapter 19.24, Chapter 19.28, Chapter, 19.32, Chapter 19.36,Chapter 19.40 and Chapter 19.44; 2. Removal of protected trees identified in Chapter 14.18; 3. Projects in R1 zones identified in Section 19.28.040; 4. Height Exceptions identified in Section 19.24.070(B)(3); 5. Hillside Exceptions identified in Section 19.44.070 and Chapter 19.48; 6. Parking Exceptions identified in Chapter 19.124; 7. Fence Exceptions identified in Chapter 19.48 8. Variance to all other zoning regulations B. In R2, R3, R1C and all Commercial, Industrial, Office, Planned Community Districts and other non-residential zoning districts: l. New structures or property development, including signs and sign programs. 2. Building additions, exterior modifications to existing structures including signs and sign programs, and site changes (including, but not limited to, new or modified landscaping, tree removals, fencing, changes to parking lot space striping or circulation); 3. Changes in property or building use that involve exterior modifications; 4. Exceptions or modifications to the development's required and/or existing parking; 5. Conditional uses in accord with Chapter 19.60, Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter 19.76, Chapter 19.80, Chapter 19.84, Chapter 19.88, Chapter 19.92, Chapter 19.96, Chapter 19., Chapter 19.128, Chapter 19.116, Chapter 19.132, Chapter 19.136; 19.12.030 Approval Authority Table 19.12.030 shows the approval authority, Noticing Radius, Expiration Date and Extension Dates for different types of Permits. -34 - Table 19.12.030: Approval Authority Public Hearin Desi�n Posted A B Administrative Plannin� Citv Public Noticin� Expiration Cha�ter/ Tvve of Permit or Decision Review Site Review Commission Council Meetin Radius ° Date E Findin�s Committee Notice Comment Period� General Plan Amendment Major F _ - R F PH 300' Yes - CA. Govt. Minor� - - R F PH 300' Yes _ Code Zonin Ma Amendments Ma'or F - - R F PH 300' Yes - 19.152.020 Minor� - - R F PH 300' Yes - 19.152.020 Zonin Text Amendments - - R F PH 300' - - 19.152.030 S ecific Plans - - R F PH 300' - - 20.04.030 Develo ment A reements - - R F PH 300' Yes - 19.144.120 Develo ment Permits Ma'or F-H - - F/R A'/F PM 300' Yes 2 ears 19.156.050 Minor� F - A' Az PM 300' Yes 2 ears Conditional Use Permits Ma'or F•"-' F - A'/F/R A'/A2/F PH 300' Yes 2 ears Minor�-i F - A'/F/IZ A'/Az/F PH 300' Yes 2 ears 19.156.050 Tem orar F - A' AZ - None No 1 ear 19.160.030 Densit Bonus (Residential) R F Based on concurrent a lication 19.52 Adult-Oriented Commercial 19.128.030 Activity (CUP) - R F PH 300' Yes 2 years & 19.128.040 Architectural and Site A roval Ma'or� F - A' AZ PM Ad'acent Yes 2 ears 19.168.030 Minor K F - A' A2 PM Ad'acent Yes 2 ears -35- Public Desi�n Hearin Posted A B Administrative Plannin� Citv Public Noticin� Ex�iration Chapter/ Ty�e of Permit or Decision Review Site Review Commission Council Meetin Radius ° Date E FindinQs Committee Notice Comment Period� Amendment Ma'or F•" - - F A' PM/PH 300' Yes 2 ears 19.44, 19.156 Minor � F - A� A2 PM/PH 300' Yes 2 years � 19.164 Minor Modification F - A� A2 - None No 2 ears 19.164 Hillside Exception/Height 19.40.080, Exception/Heart of the City - - F A' PH 300' Yes 2 years 19.24.070, Exce tion � 19.136.090 Variance F - A' Az PH 300' Yes 2 ears 19.156.060 Status of non-conformin Use - - F A� PH 300' Yes - 19140.110 Wireless Antennas ' F - F/A' Az Varies I 300' Yes 2 ears 19136.090 Si ns Permits F - A' Az - None No 1 ear 19.104 Neon, Reader board & F F A"- PM 300' No 1 ear 19.104 Freewa Oriented Si ns ' y Pro rams F - A' A2 - None No 1 ear 19.104 Exce tions ' - F - A"- PM Ad'acent Yes 1 ear 19.104.290 Parking Exceptions ' Ad'acent/ 19.124.050 F F A' A"-/Az Varies "' 300' N Yes 1 year Fence Exce tions - F - A"- PM Ad'acent Yes 1 ear 19.48.060 Front Yard Inter retation F - A' Az PM Ad'acent Yes 1 ear 19.08 R1 Ordinance Permits Two-stor ' F F F/A' A'�/AZ Varies ' Ad'acent Yes 1 ear 19.28.140 Minor Residential F - A' AZ CP Ad'acent No 1 ear 19.28140 Exce tions I - F - A"- PM Ad'acent Yes 1 ear 19.28.140 -36- Public Hearin Desi�n Posted Administrative Plannin� Citv Public Noticin� Ex�iration Cha�ter/ Tvve of Permit or Decision^•B Review Site Review Commission Council Meetin Radius ° Date E Findin�s Committee Notice Comment Period� Protected Trees Tree Removal F - A' A2 CP Ad'acent Yes 1 ear 14.18.180 Heritage Tree Designation & � , Removal - - F A PM 300 Yes - 14.18 Tree Mana ement Plan F - A' Az - None No - 14.18 Retroactive Tree Removal F - A' A2 - None No - 14.18 Reasonable Accommodation F - A' Az - None No 1 ear 19.52.050 Extensions° Parking, Fence & Sign Exceptions & Front Yard F - A' A2 - None No 1 year Inter retations Neon,Reader board & F A' AZ - None No 1 year Freewa Oriented Si ns Two Story Permits, Minor Residential Permits and F A' Az - None No 1 year Exce tions Tree Removals F - A' AZ - - No 1 ear All other ro'ects F - A' Az - None No 2 ears 19.12 Ke : R—Review and recommendation body F — Final decision-making body unless appealed A' —Appeal Body on first appeal Az— Appeal body on second appeal PH-Public Hearing PM-Public Meeting CP-Comment Period - 37- Notes: A. Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development. B. Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090. C. Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting. D. Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications. E. Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.) F. Majar General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units G. Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units. H. City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty residential units. Planning Commission review for all other applications. I. Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. J. Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K. Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi-family buildings. L. Appeals of Design Review Committee decisions shall be heard by the City Council. M. Parking Exceptions approved by the Director of Community Development need a comment period. Parking Exceptions approved by the Design Review Committee need a public meeting. N. Parking Exceptions in Single-family residential (R1) zones and Duplex (IZ2) zones need z O adjacent noticing. H All other Parking Exceptions need notices within three hundred feet of the exterior boundary U of the subject property. w O. Application must be filed prior to expiration date of permit. Permit is extended until decision � � I of the Approval Body on the ��n�:-tim��extension. � U -38- 1�.1?.0-�0 :�uthorit}� of the Director of Coi��niunit�� De�elopment. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Director of Community Development is as follows: A. Grant any permits which are authorized to be issued by the Director pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19.12.030; C. Grant a variance from site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title; D. Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any zoning district established by this title. E. Grant a request for reasonable accommodation made by any person with a disability, when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. F. Make reasonable interpretations of the regulations and provisions of this title, and any chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. G. May refer an application to another Approval Body for review, decision or recommendation. 79.72.0�0 Authority of the Design Review Committee. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Design Review Committee is as follows: A. Grant any permits and exceptions which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Design Review Committee pursuant to Section 19.12.030. 19.1?.17h0 Authorih� of the Planning Commission. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Planning Commission is as follows: A. Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030 and any other provisions of this code; B. Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030; -39- C. Make recommendations to the City Council on applications in which it is a recommending body; and D. Decide on appeals of decisions pursuant to Section 19.12.030. ly.12.070 Authority of the Cit� Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A. Grant any permits which are authorized to be issued by the City Council pursuant to Section 19.12.030 and any other provisions of the code; B. Decide on appeals of decisions pursuant to Section 19.12.030. 19.12.Of0 Applic�tion I'rocess The following provisions outline the requirements for the filing of applications for permits, entitlements, amendments, and approvals. Unless otherwise specified in this title, all applications for permits, entitlements, amendments and approvals required by this title shall be filed in compliance with this section. Applications for permits, permit modifications, amendments and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following: A. An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B. Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project: 1. A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2. A preliminary title report of the subject property; 3. The proposed site development plan indicating: the location of all buildings and structures;the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; 4. Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features; 5. Maps showing the locations of buildings; 6. Renderings showing building heights and square footages; 7. Maps showing the precise location of roads, streets, alleys and access points; 8. A traffic analysis, if required; -40- 9. A construction plan, 10. Any property/development with a Homeowner's Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB. 11. The Director of Community Development may reasonably require additional information which is pertinent and essential to the application. 12. Zoning Map or Text Amendments shall also include information required per Chapter 19.152. a. Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19.80.040; b. Zoning applications for Multi-Family (R3) Residential shall also include information required per Section 19.36.040; and c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a property owner, or his or her designee, shall also include items identified in Section 19.44.050H. 13. Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010: 14. Conditional Use Permits and Variances shall also include information required per Section 19.156.020. 15. Density Bonus Permit applications shall also include information required per Section 19.56.060. 16. Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050. 17. Sign Permit Applications should also include information required per Section 19.104.040. C. Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. l�j.i'.�)�>U .=�ction b�� Director. Upon receipt of an application for a permit, the Director of Community Development shall: A. Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B. Not later than a period stipulated in Section 19.12.100, Decision, below: 1. Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, or 2. Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting. -41 - 1�).1?.100 I�tcision Unless postponed or continued with the mutual consent of the Director of Community Development and the applicant and written confirmation from the applicant, a decision shall be rendered: A. No later than sixty (60) days following the date the application is deemed complete and either categorically exempt under the California Environmental Quality Act (CEQA) or the adoption of a negative declaration or one hundred and eighty (180) days of certification of an Environmental Impact Report(EIR). B. Notwithstanding the above, no later than one hundred and fifty (150) days upon receipt of a complete application for a new personal wireless communication facility or ninety (90) days upon receipt of an application for collocation of a personal wireless communication facility/antennas. 19.1?.110 Noticin�. A. Notice of Public Hearing: Noticing shall be provided in the following manner for applications that need a public hearing: 1. Notice of hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of the hearing as provided in Section 65090 of the California Government Code; 2. The City shall mail written notice by first class mail to: a. Each owner of record of real property within the noticing radius per Section 19.12.030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll pursuant to Section 65091 of the California Government Code; b. Owner(s) of subject site or his or her authorized agent c. Project applicant(s) d. Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project; e. Any individual or entity that has filed a written request with the City Clerk requesting notification of public hearings 3. If the number of owners to whom notice would be mailed or delivered pursuant to subsection A2 above is greater than one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(3). 4. The notice shall contain the following: a. The exact address of the property, if known, or the location of the property, if the exact address is not known; b. The date on which action on the application will be taken; -42- c. A brief description, the content of which shall be in the sole discretion of the City, of the proposed project; d. Reference to the application on file for particulars; e. A statement that any interested person, or agent thereof, may contact the city for additional information and/or plans. Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice. B. Notice of Public Hearing for Zoning Text Amendments: 1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12110 A(1) of this chapter. 2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be. C. Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the meeting date. D. Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of action on the application. 1. For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project. 2. For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan. E. The City may also give notice of public hearings/public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section 19.12.030. Compliance with the procedures set forth in this section shall constitute a good-faith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the validity of any action. F. Posted Site Notice: 1. Applicants shall install notice(s) on the subject site that is/are clearly visible from the street in accord with the requirements of Table 19.12.030. a. Applicants must install a public notice in the front yard of the subject site. b. For all applications other than Two Story Permits, Residential Design Review and Tree Removal applications in R1 or R2 zones, if the subject site has more than one -43- property line abutting a street, the applicant may be required to install more than one notice. 2. The notice shall be a weatherproof sign, at least 2 feet tall and 3 feet wide, firmly attached to a 5 foot tall post. 3. The notice shall be placed at least 14 days prior to the decision/public hearing and shall remain in place until an action has been taken on the application and the appeal period has passed. 4. The notice shall contain the following: a. The exact address of the property, if known, or the location of the property, if the address is not known; b. A brief description of the proposed project, the content of which shall be at the sole discretion of the City; c. City contact information for public inquiries; d. A deadline for the submission of public comments; e. If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project: i. A color perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development. ii. For Two Story Permits and Residential Design Review applications, a color or black and white perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, at least 11 inches by 17 inches in size. iii. Visual Representation is not required for applications that do not have a material change in the physical appearance of the property. 79.12.120 :�ction b�� Director of Comnn�nity Developrnent — ��ciministrati�-e. A. For applications requiring Administrative approval with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100, Decision: 1. Issue his or her decision at the conclusion of the public meeting, public hearing or comment period; 2. Continue the item for additional public hearings, public meetings or comment period; or 3. Defer action by taking the item under advisement and issuing the decision no later than thirty (30) days following the public meeting, public hearing or comment period. B. No additional noticing is required if a project is continued. -44- C. For applications where a public meeting or public hearing is required to be held before the Director of Community Development, the meeting shall be held in the same manner as a Design Review Committee meeting. 1y.12.130 :�ction by Design Review Committee and Planning Commission. A. For applications where the Design Review Committee or Planning Commission is the Approval Body, it shall render a decision, which is supported by the evidence contained in the application or presented at the meeting, at the meeting, or at a subsequent meeting after conclusion of the public hearing or public meeting, subject to the requirements of Section 19.12.100, Decision. B. For zoning map amendments, on the basis of evidence and testimony presented to the Planning Commission at the public hearing, the Planning Commission may determine that the public interest will be served, either by revising the area being considered for reclassification to include properties not originally part of the application, or by giving consideration to district classifications not originally requested by the application. The Planning Commission may, solely at its option, consider additional properties or district classifications, or both. C. For applications requiring City Council approval, the reviewing body shall forward its written findings, determinations and recommendation to the City Council far final action, subject to the requirements of Section 19.12.100, Decision. 19.1?.7-�0 Action bc� Cih� Council. A. Upon receipt of a recommendation of the reviewing body, the City Council may by resolution approve, modify, or disapprove the recommendation of the reviewing body, subject to the requirements of Section 19.12.100, Decision. B. Upon final approval of a zoning or prezoning application, the City Council shall enact an ordinance zoning or prezoning the subject property or properties, incorporating within the ordinance: 1. A Conceptual development plan, if required, and 2. Conditions of approval. C. For a Development Agreement, the City Council shall enact an ordinance that shall refer to and incorporate the text of the Development Agreement by reference. D. For applications requiring City Council approval, the City Council shall issue its decision at the conclusion of the public hearing or public meeting. 19.1?,I�U �otice of Decision and Reports. A. Notice of decision: 1. The decision for applications approved with a public meeting or public hearing shall be mailed to the property owner and applicant at the address shown on the application. -45- 2. The decision for applications approved with a notice period shall be mailed to the property owner and the applicant at the address shown on the application and any person who has commented on the proposed project within the notice period. 3. The decision shall contain the following: a. Applicable findings; b. Any reasonable conditions or restrictions deemed necessary to secure the purpose of this title and to assure operation of the development and/or use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity; and c. Reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the city. 4. The decision of the Director of Community Development, Design Review Committee or Planning Commission shall be final unless appealed in accord with Section 19.12.170, Appeals. A decision of the City Council shall be final. B. Reports: The Director of Community Development shall endeavor to forward reports, within five calendar days from the date of the decision, to the: 1. Planning Commission and the City Council of a decision by the Director of Community Development 2. Planning Commission and the City Council of a decision by the Design Review Committee. 3. City Council of a decision by the Planning Commission. I�).1�.160 Effective date. A. A permit approved by the City Council shall take effect ten days following the date that the findings are adopted. B. Specific Plans, General Plan Amendments, Zoning Ordinance/Map Amendments, and Development Agreements shall become effective thirty (30) days following the final date of action (e.g., adoption) by the City Council. C. All other permits shall take effect fourteen calendar days following the date that the findings are adopted by the appropriate Approval Body, unless an appeal is filed as provided in Section 19.12.170. I��.1�,1"0 :�ppeals A. An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. B. Filing: 1. An appeal shall be in writing on forms prescribed by the City and shall be filed during -46- regular office hours with the City Clerk within fourteen calendar days after the City decision or if a notice of decision is not required, from the date of the decision or determination, under this title. An appeal not filed within such time shall be barred. The appeal shall state the grounds and basis thereof. 2. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City Council. C. Noticing: Notice of hearing shall be given in the same manner in which the original notice was given. If a project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development. D. Appeal hearing body shall be determined in accord with Section 19.12.030, Approval Authority. E. Decision of the appeal hearing body: The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately. F. Notice of Decision: Notice of the appeal hearing body's decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request with the City Clerk. 19.12.1$0 Expiration, Fxtension and Revocation. A. Expiration. 1. Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance, unless: a. A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void. b. The permit or variance has been used A permit or variance shall be deemed to be "used" when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued. -47- B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended for the time frame specified in Section 19.12.030, upon timely submittal of an application with the Director of Community Development prior to expiration. Z O � C. Kei c7�atic�n �'" --- — Q 1. ��=�;�H�. Process. In any case where, in the judgment of the Director, substantial w evidence indicates that the conditions of a permit or variance have not been � implemented, or where the permit or variance is being conducted in a manner � detrimental to the public health, safety, and welfare, the Director shall set a date for a U public hearing before the decision maker granting the original permit or variance, and notice a public hearing in accordance with Section 19.12.110, Noticing, of this code. 2. Findings: A permit may be revoked or modified if any one of the following findings can be made: i. That the permit was obtained by misrepresentation or fraud; ii. That the improvement, use or activity authorized in compliance with the permit had ceased or was suspended for one year or more; iii. That one or more of the conditions of the permit have not been met;or iv. That the owner or occupant of the property is conducting the use or any associated or other use of the property in violation of the law. v. In the case of revocation of a sign permit, the sign was abandoned for a period of thirty days. -48- CHAI'T�I�;K 1�>.20: 1'ERMI�I��I'E:[�, CONDI�I�IONAI_. ANl) EXCLUI�(�:i) Uti}�:� 1N ��(.;iZ1CUl.�fL��1::11 ,1ND R1��[I)t�:N�i�l��l ION1�:� Section 19.20.010 Applicability of Regulations 19.20.020 Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones 1y.20.(l�lU Applicahility� of P.e�,ulations No building or structure or land shall be used in an A, A-1, R-1, RHS, R1C, R-2, or R-3 zoning district, otherwise than in conformance with the provisions of this chapter. 1��.20.�2(l Permitted, Conditional and Fxcludrel [;5e5 i�� .A�ricultur��l ai�d tZ��si�i��nhal i'c�nes Table 19.20.020 sets forth the Permitted, Conditional and Excluded Uses in Agricultural and Residential zones Table 19.20.020—Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones Zoning Districts A A-1 R-1 RHS R1 C R-2 R-3 Uses 1. Agriculture, horticulture, viticulture and forestry, including the P P - - - - - followin and similar uses: a. Field and truck cro s, includin dr in and stora e, P P - - - - - b. Orchards and vine ards, includin bottlin and stora e, P P - - - - - c. Tree farms, botanical conservatories and arboreta, P P - - - - - }� U d. Barns and sheds, P P - - - - - Z e Keeping of draft animals, animals providing products used on P P - - - - - Q the ro ert , :, Z f Livestock ranches and dairy farms depending mainly on P CUP- Q razin on the ro erty, PC w � CUP- g. Processing of dairy products produced on the property, P PC P CUP- h. Poultry raising and hatcheries, PC P CUP- i. Apiaries, PC P CUP- j. Nurseries, greenhouses and landscaping gardens, PC -49- Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses CUP- CUP- k. Boarding kennels, PC PC 1. Animal breeding; P CUP- _ Admin. 2. Fur farms CUP- _ _ _ _ PC CUP- CUP- 3. Retail sale of wine, fruit or berries produced on the property; CC CC 4. Single-family dwelling unit with not more than one dwelling P P P P P - - unit er lot/defined air s ace for condominiums; 5. Two-story structures in an area designated for a one-story - limitation pursuant to Section 19.28.060 G(6) of this��rti t i_,_, provided that the Planning Commission determines that the CUP- structure or structures will not result in privacy impacts, PC shadowing, or intrusive noise, odor, or other adverse impacts to the surroundin area; U � �� t��m lo ee housin : Z ,.�� i. For six or fewer em lo ees in each dwellin unit on eac11 lot P P 1' C' 1' I` P � �, :�.. With no more than 36 beds in.group c�uarters or 12 units/s�aces l� I� �__L�I' � � desi ned for use b a sin le famil or household on each lot - Admin. - - - �w � � � H �' l' _ U 3 � ��'�� '��`��'� MOVED TO > "� DEFINITIONS - - � ��.� A second dwelling unit � , . -}-�t—�+-��-�--:r�«a+�� 1-' �-' �-' �--' - - <�, Which conforms to the re uirements of Cha ter 1��.( i�_, I' P I' P - - ��- Which rec�uires a c_�nditi�nal_use�ermit__pursti�nt t� Ci��pir�r Cli I'- CUP- CUP- CUP - - ��{i�iin ��1_nti��. - (�>.7 12; ��dmin. Admin. - - READABILITY/ INTERNAL -50- CONSISTENCY Zoning Districts A A-1 R-1 RHS R1 C R-2 R-3 Uses s3- � ' ' � ,' ` ' ' �' ' k �-;�'- � �_.-�_ . � �r. �„,� i;' �. Multi le-famil residential dwellin s - - - - - - P � ; 1. ?. Accessory facilities and uses customarily incidental to � permitted uses and otherwise conforming with the provisions of P P P P -'_° P P W � Cha ter 19.�}-]00 of this title; H U ��. (t). Udlity facilities essential to provision of utility services to the Z W CUP- � neighborhood but excluding business offices, construction or -I' -1' P -I_° -i' P �� z � stora e ards, maintenance facilities, or cor oration ards; � Z �3.I (. Temporary buildings for construction purposes (including U O trailers) for a period not to exceed the duration of such - - - - - - P � construction; � � , _ ,, k��— k��-- U ; �--� � _. . , Q � W �> !' _ _ O � � P� . �i E'— C=�'-- ; �'�= �F - - ,,-.(�'. Home occupations, , � � . . � �= �= � �� z . W � � � u �� G'Vhen accessory tc� permitted use and otherwise conforn�in�t�� Z z > > > > > , > '—' W the rovisions of Cha ter 19.120 of this title� I I 1 1 I I I � � - c!� b. lZec�uiring a Conditionai Use Permit purs��ant to Cha�ter 19.120 CUP - LUP- CL1'- CUP- CUP- CUP- CUP- � � ��f this title; Adm►r�. ,`��ii��in. ��dmin. Admin. Admin. Admin. Admin. p� Z . . C�'- �� E�� C—�3-� EU� Q O �: ,�;,;;-r� �-t: � -�t�+t�-i-t}- -�c-�+�-i-�- � . ; W 141.(:�. Small-famil da care home er dwellin unit; P P P P P P P � �I�_ Lar e-famil da care home er dwellin unit-�1-�-E�=1�+r��-�#-ir� - �-' � �� ' �� -51 - U z W Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses � '��,� �'��"""rt;�;r'�;-��{r�tfi�c'e�tf��t�3�f�t—��1-��7 �,-! ,.,t�;„4, . ,� i„.. -, � .,I,�II .,,a....;.,;..+,..,�:.,,.1�, ., „ 1....,�,� ,a.,., „ „1.,....,,� a,. „ ��l�ll UtAl1l1111J11U11VL.I .�t��t tia�t'F^ " ��? ;��a��,tf�i+i3;�-"_ . i ?_ �v i�iil t'i i1iCC�� iiit� �dl'�711� LC1fE'Ila COIltd1T12C1 LIl C�1d�t2T 19.12�}, �nd which is at least three hundred feet from an�other lar�e- �amilv day care home. administrative a�proval of the Director of Communitv 1� I_` 4' I' P P �� - — �c1r��_ii�� :)evelo�ment or his or her designee to ensure com�liance with - k�arkin�and proximity rec�uirements exce�t if a CUP is =e uired• ��, `�1/hich otherwise does not meet the criteria for a permitted use. CL"i' �UP- �_�;1:` CUP- CU P - L L I'-. CU I' - The conditional use permit shall be�rocessed as provided b� �� Health and Safe Code Section 1597.46 3 • '�d�i�_iQ��= Admin. Admii�. Ac�lmin, Admin. Admin. ?��_��r1., � � ,��a�r��-dt��e�e�-te�� .,�,;,,i. ,.,-�,,,..�.,;,.,, a,.,,,. ,.,,.�,v, „� �� . � � C�I'— '�6`�'— �E� ��_ , .. . . � � � � ��- _ ,.,r ,:_ , _.,�F.-� ��,�.,,_�__�� E=#-�+��- r,'�"— �43,�F> ,. � t .� � - - - - - - —. � '_�'..1;�. Residential care facility . P , with six or��fewer � residents, not including the provider,provider family or staffl P P P P P P U a provided that the facility obtains an�� license, if rec�uired, issued � W b,y a�pro�riate Statc� and/<�r County ��encies and/or � de artments' � � n,,,.:a„r�;.,7 , r •i,�-., ,a, ,a,..,,n:.,,, ,;� �t,.,� : �.� w � �- ��;z,-�, , z v� � , . . . � E�-}>_ �-I-'-= L L�a'-- �-= C--�-'-- ��-� C�'— � � ,a,� .,,.,.,.�„�� .,�,.i �.., .. ,,, ;,a, .,+,. ,� , ..�,.,a: ,. �t, �'� �'�- � � �( x �,�_ � U ~ ��},�„�, �,� �,.«. .. _ , "� � , - - 52- Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses ��.lt>. Residential care facility, in each dwelling unit, �'��,�zi=,�� , _ . � with seven or greater residents, not including the provider, ?� H provider family or staff, and is a minimum distance of five CUP- CUP- CUP- CUP- CUP- CUP- CUP- a hundred feet from the property boundary of another residential PC PC PC PC PC * PC PC � care facility, provided that th� facility obtains any license, if � rec�uired, issued by a�pro�riate State and/or County agencrc� � W and or de artments• � , , ��'-. , � . . . � ��'- E�.��- �=��- �=E_-t'-- �=�-L- k t �;. , _ - � 9-'<= l-'�_ �'� �'{-` ='k- �' , , z �f-�t+��=ft1��F ..,,. ;,a,,.,�,,i ,.,.� � Q Z r1�'- � . - - - - (] �'4 W '`�'.3�. Congregate residence, in each dwelling unit, �-��''� '��r �r '�� +-= � � � � �' � �' G"a �a �,... U �= z a. With six or fewer residents [' P f� 1' P !' � - - - � � b. With sever or greater residents which is a minimum distance ��f � � one thousand feet from the boundarv of another congre ate CUP_ CUP - CUP- CUl' - Cl;I'_- C;UP- CU 1'_. O � residence and has a minimum of seventv-five square feet c>f PC I'C ['C PC P�n, �'�. PC � � usable rear ard area er occu an t � � , , F'�-# � x � }-��- � � . . . . . . '�-�- �'—_ �-�'-- ��-'-- �- �L,-j-{'-- � � 4� I'� ('� � 1�=� � (� _ x��+ � w � �,+'{�t��-It t>r��f�--�rt-�--5 i-�-c�+ 6 t�{�-�r-��e t��e.��ti ��+t I�-�a+j�ti�t+4�tr� E-� �-' �-' }= 1= 'r' �= � Z � , Q � ��. Z �;+z-��t��--�e-��r��+#-��;-t�-�k�--�1��-��+�� - - - Q W � - 53- Zoning Districts A A-1 R-1 RHS R1 C R-2 R-3 Uses ��.'.`�. Transitional � � �� housing ]u< <�t��ct �r�ht��iii�_�.>�� P P P P P P P ��. e ermitted in the zonc; � =:.:" Su ��«etit�e hou�in � loc��_tc��i�n h��u ��;��,; , —,-k�— � 1_'E.� �7c_��t_111t'�tk'lo 1_Il -- — �- � �, l, I_> j> j> 1� �� th� zonr � � �'.?i�. Horticulture, ardenin , and rowin of food roducts: - - k-' - - - - �_ �, �o ��F R�creational for �ersonai use;, CLARIFICATION �' l' %' � - � �.�imited to maximum of ten per�ct7� ,�€ the� l�>t �>>� ��_anc# f�_�� Z ��nsum tion b occu ants of the sitc � � � H __ Producegrown on site may be sold if tht b��siuc�5_actit��i� i� � ` U � ��on ucte �� :�� =�7t_r ,«��1 ��t�ti ath <_?��er 7��.[2U, Hc�i1�� I' - - r�, _ _ _ _ _ _ _ � EJccu ation-.: � __ . � C:U�' - � �� »nmercial�ur�oses; �+�� ; .�t- ��_i � Admin. � �� - F-' _ , , �-, 1 �•�� i.. ,.,,,... ��.. ,.r�i..,, ;�„ ,-,a i; ;��a �„ ,4 � �� 4��i 1Vl I I✓V��Jl,t.li„ � . ,i . . .. .. .._ . �-,. HM� r w !� . . . .. . .. . .. � � ";. ' , . ' . - '�thl h-�!�+�at'+�:Ht�ia�ti�t� .k'r<�cj ttt'E> � W ' �,+a-��ti-r-tt,<-#__i+, _ �} `�' -E=i-�-�`�f`1`i�:;J :, aL�>._k�=fi'�l-E�lfi�.��._}}�a;}�.jf-)ck_catf�}{��}}f-ri. �'Tc� ��- �t'tiET: E}t ;� �v��,aE�tEit�t+tl}+i=r}�{r}rt}}�+�i4i�r�f c�?+�*73'+!�tt��t±i�ar�.t'=� � - ^'rr�-nTiTi- � '1. Limited commercial recreation uses, such as riding clubs and CUP- related stables and trails, golf courses, swimming and picnic - - PC rounds, CUP- CUP- �t' �'�. Golf courses and driving ranges; CC CC CUP- CUP- z z'.'.I'_-. Commercial swimming pools and picnic areas; CC CC � �I '_ !. Temporary uses subject to regulations established by Chapter CUP- CUP- CUP- CUP- -CUP- CUP- CUP- U 19.156 Admin. Admin. Admin. Admin. �\dmin Admin. Admin. � � � � -54- U Zoning Districts A A-1 R-1 RHS R1C R-2 R-3 Uses r" '_��. Buildings or structures which incorporate solar design features that require variation from setbacks upon a CUP— CUP— CUP— determination by the Director that the design feature, or features, Admin. Admin. Admin. will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse im acts to the surroundin area. _'.'��. Transmission lines, transformer stations, television and radio CUP- CUP- - towers, and other ublic utilit and communication structures; PC PC , , ��_ . . - .,_, . A u t(over 4 mont s o age) household pets per dwelling unit, limited as follows:, � - �' r� ��,,, ;�„ ��: t�� No specified number 1' 1' Z b. Maximum of four, provided nc�murr tr��an_�v�c�_��iul�_+�icr��i� 0 ----— - -- — i' � cats ma be ke t on the sitt• - � � Limited to one per three th�>u5anci �cj��tnt� tert Q>s lut .�r<�a, ��.�;r��t� w Do�;s are limited to a maximum of two on lots less than on� � acre and four for lots reater than one acre �'fi � � The number of geese, ducks, chickens, rabbits and other fariil U � animals are not limited on a sitc �re�ter than one acre �' H � '"�.'_�. ' Litter of dogs or cats up to four months � += i-' +� � p� of a e not for commcrcial ur oscs:.- � �� No specified number C' �' _ 1" _ � b. W — ;vlaximum of one littcr - I' i' I' I' � � - - - �# - - - , . � , � , , , 4�-: . � - - �'—� - 55- Zoning Districts A A-1 R-1 RHS R1 C R-2 R-3 Uses ,ti- �,,;. Large animals, , , �---�� 4�,�+�f�--#�-*Il��provided no animals are kept, maintained and raised for commercial ur oses, lirniteci as follo�n�s,: Z Two large animals for the first 40,000 square feet of land area, � a. except mules and donkeys which require 80,000 square feet for � the first animal, -��_ ��1 -�� -=� - P t - - - U -_--.__. ____---- �, One additional large animal for each a�i��r tic�n�i I 20,000 square � b. -- � feet of land area, � One additional large animal if said animal is raised for a 4H U c. project, a project sponsored by a recognized agricultural organization or a school roject, r�?.�7�t= The keeping of any animal not otherwise permitted above=it� CUP— - #��, ��ti, -�--+(�and-�-t-2y Admin. Q ��;?.�7.. Riding academies, co�nmercial stables, and the boardi��' CUP= CUI'__ � hor��, CC CC = _ = Q W . . � � ~�.�>?. A_>�.<<�� a_�x<;��I stabl�s, and thekeepingofnc�in;,_s�� i��4: }.� � � __ -- - F-� Q , ',imited to three horses on each lot at an�time except that � � , � �dditional foals ma be retained for a eriod of six months I � " - � O �� s� excess of the number permitted in 32(a) CUI' - CUP-_ _ _ � w CC CC W CUP- CUP- � '.I'� '_. Cemeteries, crematoriums, mausolea, and columbariums CC CC CUP- CUP- �::'.I��. Mines, quarries and gravel pits; CC CC CUP- CUP- � '.I�-. Guest ranches; CC CC ;.- I'� Public and quasi-public buildings and uses. CUP- CUP- �`� � CC CC ��€,.�;. Ho farms; Ex Ex - - - - - ��.7�. Cattle farms mainly depending upon feed brought onto the Ex Ex - - - - - ro ert ; - 56- Zoning Districts A A-1 R-1 RHS R1 C R-2 R-3 Uses ��- �`�. Slaughterhouses, fertilizer yards, feed yards,boneyards or Ex Ex - - - - - lants for the reduction of animal matter; "~��'.��t�. Commercial feed sales; Ex Ex - - - - - t,r:'. I��. Other semiagricultural uses mainly depending upon raw materials, semifinished products, or feed brought on to the Ex Ex - - - - - ro ert ; a.;.��'. Other agricultural uses which, in the opinion of the Director Ex Ex - - - - - of Communi Develo ment, create a rivate or ublic nuisance. Key: P- Permitted Use -- Not Allowed CUP-Admin.- Conditional Use Permit issued by the Director of Community Development CUP-PC- Conditional Use Permit issued by the Planning Commission CUP-CC- Conditional Use Permit issued by the City Council * May be permitted in locations where the use is compatible with existing and planned uses within the development area in the opinion of the Director of Community Development, t The required lot area for a large animal shall not be included in the required lot area for a household pet or vice versa, except that a maximum of two household pets may be kept with large animals, All animals must be kept and maintained in accordance with other Cupertino or Santa Clara County codes and ordinances, Ex- Excluded Uses -57- CHAPTER 19.56: DENSfTY BO!�'lJS Section 19.56.010 Purpose. CONFORMANCE WITH STATE LAW 19.56.020 Applicability of Regulations. 19.56.030 _. ��Uensitv B��nus. 19.56.040 Incentives/Concessions. 19.56.050 General Requirements F"r n,.,,;,,,,�� ...;��, n cF,,,.a.,�,i�rT�;,-� 19.56.060 Application Requirements. 19.56.070 �indin�s. 1956.070 P�irpose. The density bonus ordinance codified in this chapter is intended to comply with the State Density Bonus Law, Government Code Section 65915, which provides that a local a�ency shall ad�pt �n ordin��nce specifti�ii�g how the agenc,y will conl�lv witll that section. , �„�.,,,.. ; , i,,,,,�„�,�ia.. ,,;�-:�on� , � � . 19.56.020 Applicability of Regulations. A. ��--l�Housing developments ��--�#�resulting in a net increase of at least five units (excluding density bonus units) are eligible for c�-a density bonus ^� �� ^^�} +�-,.,^�J, f:�,.� ��tt� ..,.a �., �,',';'��,��'tt�+�� a5 provided in tllis cha�i�er, ��hen the a�plicant for the housin� development--�e-�e�e�e�s agrees� or pro�oses }� "��^��r��^} at least one of the followin�: 1. Construct: ?.a. �Ten percent of the total units affordable to#�+ lower income households at affordable rent or aft�ordable housing cost; or ?.b,____�-Five percent of the total units affordable t��+�+ very low income households at affordable rent�>r_ aff�rdable housin� rost;or c.Ten �ercent of the total units �ro�osed in a cumin�n int�rest development tor sale t� moderate income households, provided that all units in the develo�ment are offered to the public for�urchase;or ��. A senior citizens housing development;��es�s 2. I�onate land in accordance with Section 19.56.030C; 3. Construct and�rovide day care facilities in accordance with Section 19.56.030D; �.-'. 1'rovide affordable housin� in a condominium conversion �ro�ect in accordance with �r�tic�� ':��.=�h.(`'�t'I� - 58- B. An a�plicant may also submit a�roposal for specific incentives or concessions to be granted in conjunction with the densitv bonus, as�rovided in Section 19.56.040. �,._ The �rantin� of a density bonus, incentive or concession, in and of itself, shall not require a �eneral �lan amendment, zone chan�e, or other discredonar��roval and shall be reviewed concurrentiv with the review of the housing development. . , , , , • , . ..L.,+L..,, .,;�� .,FE.,,..a.,L.l„ �- � r i -�- � �- � .:m�i��-`•,�r�icir-�iaiv �,L..,,,�.�,1,�,1.a� � Tl.,, ,7,,,.:.,1 „L +L,,, ,. .,,,� ,, �;+;.,., .,F ,. ,,,-l;ti�,,,� , ,-�a �rd.,,. �,� „ ,..1�, � ,:�1, �, ,� n�. .,l „F �1,,, ,�1„ „1„ „+ „� ,l.a �1,� Y,�o�,�-,��.. „F 1„ ,�L....,�.,L,..t,a,. �: �� . ��E�-c--"v["i-�nv��s'�l��dz--c=v'iaci�Et�-ttti�} }r-cn��iv�C��--�•�"„l,�l L..,.�., •, ••,pettY't"� "�v'�"�ci-� r �� z-n-�pae e�a�t�t-e�sa€e�—�-t��.:. , ,. F,,.,�;�,i„ ....,,+i,,,,a ,-„ �.,+;��.,,,�,.,,;i.. -59- CONFORMANCE WITH 19.56.U30 Density Bonu� STATE LAW A. Housing developments thaf ineet the criteria in Section ly.�b.�"LUA(1 are eli�ible for a maximum density bonus as set forth in Table 19.56.030. �l��ble 19.56.030: Density Bonus Calculations Percentage of Affordable Units Very Low Incom_� Low Income �loderate Income Provided in Income CategorX Units Units Units � 5% 2O��,_ _ _ � 6`3;, 22S"�,; - - � i"�; 25°4; _ I C?;;. 7n - r ��:�r; ._i_�''l� . I ��"i.�, _)��.��, � _ I I��'i; �.� n�r , �f'rr �;� l I 1 �Pl:� "1"'()' �L"�li l� _ 1 ;(1 77:�fl I ��t��r 3;"�; 23"�: 7",; I 1�"�, -,5" �5`%, f�",� � 1-�"�a; 3;,,:�, �6°4, 9','G, I 15"'�� 3.�� 2�°i, 10��> � 16`i�� 35`�� 29% I 7"��, � ]7%� 35% 31% 12"�, � ,, � ,._, <�- ,,, 1� �; :>>';� 32��, 1 � , Ily"�, ,_�'�„ 34"�, I-1,-'�: I 20" 3�"4, 3:�';�, ]�"�, �� I 27"�� ;a"<� 35°4� 16"�, I 22�� 3�";, 3�'%� 7%" „ � �� ,��; ��, ,�� 23 �: �,,�� 3�,<� 1 b,,� I 2�" 35"r� 35`% 19`;�, �� -,��: � <� ��,,� -, � ,. 3 ;,, _U' I �f}`__ ;,, �,; `1 .'. 35,�, I 2i" >:�`` 35'%, ,�� '`�" - �� -- ��; � �<, »;�, �� I — , - i ' j"i,, _ I Ii�}.-�. .3j`'o _��i�i; � 31%, �;��< 35`,'��, ?t�,"� I 32,�, ,;"�, 3.;"�� I �3 ' ,��,;� 35"�f � - I �I '-. 3�'io 3j`%, ��+ ', 3:�" 35`%, 35';;� ;I�� --- -- -- � �r,"��, ��/� 35"i<, ��;i" I �;'„��, :;�„ 3� � 38`% — - 60- CONFORMANCE WITH STATE LAW Percentage of Affordable Units L'er� Low Income Low Income .Yloderate Income Provided in Income Cate�orX UnitS Units Units � 39°/ »°�<. 3�°4� 34°4� 0 I -�0%> 3�",�, 35"r<, 3�`%� B. Senio�• housin� develo�me�lts are entitled to a maximum density bonus of 20 percent provided the development comprises of at least 35 units, conforms with Civil Code Section 51.3 and the units are reserved for c�ualifying residents. The development does not have to provide affordable units. C Donation of Land: 1. When an a�plicant donates land to the City in accordance with the rec�uirements of Section 19.56.020C(2), the development shall be entitled to a 15 �ercent density bonus. The develo�ment is entitled to an additional one percent densitv bonus for the donation of land that would allow the develo�ment of an additional one �ercent of affordable units above the minimum rec�uirements in Section 19.56.020C(2�, u� to a maximum of 35 er� cent• =_ The donation of land must meet the following rec�uirements: a.__The land shall be donated and transferred no later than the date of a�proval of the application. t�, _ 1 he developable acrea�e and zonin� classification of the land being transferred are ��fficient to �ermit construction of units affordable to very low income households in �ul amount not less than 10 percent of the number of residential units of the pro�osed develo�ment. c The transferred land is at least one acre in size ar of sufficient size to �ermit develo�ment of at least 40 units, has the a�ro�riate General Plan designation, is appro�riately zoned with a�pro�riate develo�ment standards for develo�ment at the densitv described in Government Code Section 65583.2(�(3), and is or will be served b,y adec�uate public facilities and infrastructure. d. The transferred land shall have all of the �ermits and a�provals, other than buildin� uermits, necessarv for the develo�ment of the ver�low income housing units on the tl-ansferred land not later than the date of a�roval of the final subdivision map, parcel ma�, or residential development a�plication, exce�t that the City ma,�ject tl�e�roposed development to subsec�uent design review to the extent authorized bv Government Code Section 65583.2(i� if the desi�n is not reviewed bv the City �rior to t he time of transfer. t�. 1 he land shall be transferred to the City or to a housin d� evelo�er a��roved by the City. The Citv may rec�uire the a�plicant to identify and transfer the land to the c�evelo�er. - 61 - CONFORMANCE WITH STATE LAW f. The transferred land shall be within the boundarv of the pro�osed development or, if the City a�rees, within one-c�uarter mile of the boundary of the �roposed development. �. A tiro�osed source of fizndin� for the very low income units shall be identified not later than the date of a�roval of the pro�osed development. h. The transferred land and the affordable units shall be subject to a deed restriction ensurin,� continued affordability of the units consistent with Government Code Section 65915L,(1)or(2 , as a�plicable. D. Provision of Child Dav Care Facilities l. When a housing development is pro�osed that contains affordable housing as provided in Section 19.56.030A and includes a child day care facilit,v that will be located on the premises of, as part of, or adjacent ta the pro�ect, the City shall �rant either of the following, exce�t as specifically stated elsewhere: a. _ An additional density bonus in residential square foota�e that is equal to or greater than the square footage of the child dav care facilitv. 11 _ An additional concession or incentive that contributes si�nificantiv to the economic i��asibility of the construction of the child dav care facility in accordance with Section ��t.56.040. ___ I he City shall also rec�uire that as a condition of a�roving the housin�develo�ment: .�._ The child dav care facility shall remain in o�eration for a period of time that is as lon� as or lon�er than the period of time during which the affordable units are rec�uired to remain affordable. b. Of the children who attend the child dav care facility, the children of very low income households, lower income households, or families of moderate income shall ec�ual a percenta�e that is equal to or greater than the percenta�e of dwelling units that are rec�uired for verv low income households, lower income households, or families of moderate income. 3. Notwithstanding an,y requirement of this subdivision, the Ci ,ty shall not be rec�uired to provide a densitv bonus or concession for a child dav care facility if the City finds, based u�on substantial evidence, that the community has adec�uate child dav care facilities. E. Cc�ndominium Conversions 1. When an a�licant for a�roval to convert apartments to a condominium �ro�ect agrees to provide at least 33 percent of the total units of the�ro�osed condominium project to low or moderate income households, or 15 percent of the total units of the proposed condominium �roject to lower income households, and a�rees to �av for the reasonablX necessary administrative costs incurred by the City, the City shall either: a. Grant a density bonus of 25 �ercent over the number of apartments to be provided within the existing structure or structures �roposed for conversion; or - 62- CONFORMANCE WITH STATE LAW b. Pr�vide �ther incentives oi ec�uivalent tinaneial value. This shall not rec�uire the CitX to �rovide cash transfer �avments or other monetar,��ensation but mav include the reduction or waiver of requirements which the City m�ht otherwise a�plv as conditions of conversion a��roval. ?. The City may place such reasonable conditions on the grantin� of a density bonus or other incentives of ec�uivalent financial value as the City finds a��ro�riate, including but not limited to, conditions which assure continued affordability of units to subsequent ,�urchasers who are �ersons and families of low and moderate income or lower income households. 3. An a�lication shall be ineligible far a densit� bonus or other incentives under this section if the apartments �roposed for conversion constitute a housin� development for which a densitv bonus or other incentives were �reviousl,�nrovided under Government Code Section 65915. -�. Nothing in this section shall be construed to require the Ci , to a�prove a �ro�osal to convert a�artments to condominiums. F. Densit�Bonus Calculations: 1. A densitv bonus may be selected from only one income or develo�ment categorv listed above, except that density bonuses for land donation may be combined with others, u� to a maximum of 35 �ercent, and an additional sc�uare-foot bonus may be granted for a child day care facili , as�rovided in Section 19.56.030C. 2. In determinin� the number of density bonus units to be ,�ranted, any fracdons of densitv bonus units shall be rounded u� to the next whole number. 3. Densitv bonus units authorized bv this section shall not be included when determining the number of affordable units, rec�uired to c�ualifv for the density bonus. In determinin� the number of affordable units, any fractions of affordable units shall be rounded u� to the next whole number. 4. An a�licant mav request a lower densitv bonus than the housin� development is entitled to, but no reduction will be permitted in the �ercenta�e of rec�uired affordable units as shown in Section 19.56.020. 5. Regardless of the affordable units, no housin� development will be entitled to a densitv bonus of more than 35 �ercent unless a�roved bv the City �ursuant to Section 19.56.030F(7). 6. The Citv, at its discretion, may �rant additional density bonuses. While the maximum density bonus, the Cit, iy s rec�uired to �rovide �ursuant to State Law, is thirty-five (35 percent; this is not the maximum amount that an a�licant may obtain. An a�plicant may negotiate with the Ci� to obtain a density bonus higher than the maximum set forth in Table 19.56.030 in exchan�e for includin� even more affordable units than are �rovided in the table and/or the provision of other amenities or considerations. - 63- � O -�.7. For}��oses of calculatin�a densitv bonus, the residential units do not have to be based w � �on individual subdivision ma�s or �arcels. The densitv bonus shall be �ermitted in p � �gra�hic areas of the housing development other than the areas where the affordable � � units are located. � � 19.Sh.�9040 Incentives and Concessions. CONFORMANCE WITH �,�'-R' c+.,�„ ,... ..a.,.,,a ,. ,;i� t.,, ,,,,i„�+,,,� �.-,,.,. �1,,, �,�ii,,,.�� . i:�-f: b ` STATE LAW A. A housin� development is eligible for Incentives and Concessions as s ��,n in a � ]9.56.040A. Incentives and Concessions must be selected from only one cate�,��ery low, low, or moderate). No incentives are available for land donation or for a senior citizen housin� development that is not affordable. Condominium conversions and _day care centers may have one incentive or a density bonus, at the City's o�tion,but not both. I��ble 19.56.040A: Incentives and Concessions Calculations: . Percent of N u�Ylber �f _ n_i t__��e -- - --- -- .�tfardable Units li7ceittives/Concessions �'�� or r� eatei. 1 ��i�, L��tit Ir�rt�rr�c� , � - — — - i�io ar greater _ nit5 15%or reat��i 3 I10% or reater 1 � L�>�ti_Incc�int� Ur.�it� 20% or r� eater 2 I ------ ---- - 30°/o or great�:� � 7 0% or greatel� I ��1�7��Cldt�' �i1L<y(lI�_ ------- --- - - 20% or greater ? I�nit= - 30% or greater 3 B. For purposes of this cha�ter, permissible concessions and incentives include, but are not IllIIIfEc� t0: �:1. _A reduction �-rrof s�i��development standards or a modification of #�e--zonin� code requirements or � architectural desi�n rec�uirements that exceed the minimum buildin� standards a�roved by the California Building Standards Commission as �rovided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, includin� but not limited to, a reduction in setback rec�uirements, sc�uare foota�e or parking rec�uirements, such that the reduction or inodification results in identifiable, financiallv sufficient, and actual cost reductions. � . , . l , . , 2 n„a,,,,+;,,,, „��„+�,.,,,i, .. ,�.��, �. , - 64- CONFORMANCE WITH STATE LAW I �_Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; �--3. Other regulatory incentives ��r concessions proposed by the developer or the City, which result in identifiable financiall� sufficient ancf ach��l cost reductions. r�,,...,,;��,;�,7„ , ,_�„a,. �.,,� ., ,.�i:.,.,;�,,,a �,,. . _ , . • , , E=��; C. ��`thin� in this section rec�uires the �rovision of direct financial incentives for the housint� develo�ment, includin� but not limited to the provision of financial subsidies, publicly owned land by the City or the waiver of fees or dedication rec�uirements.The City, at its sole discretion, may choose to�rovide such direct financial incentives; D. An a�plicant ma.y submit to the City a �ro�osal for the waiver or reduction of develo�ment standards that will have the effect of physically precluding the construction of a development meetin� the criteria outlined in Section 19.56.020 at the densities or with the concessions or incentives �ermitted under this cha�ter. A pro�osal for the waiver or reduction of develo�ment standards shall neither reduce nor increase the number of incentives or concessions to which the a�plicant is entitled. The applicant shall bear the burden of demonstratin� that the develo�ment standards that are rec�uested to be waived will have the effect of �h, s�y precluding the construction of the housing develo�ment with the densit,y bonuses and incentives. E. If the housin� development is eligible for densi ,ty bonus as �rovided in Section 19.56.020, u�on request of the a�licant, the maximum off-street parkin� standards that can be ��lied inclusive of handica�ed and guest �arking are indicated in Table 19.56.040B. These may include tandem and uncovered�arking spaces. Table 19.56.040B: Off-street�arkin�standards with � Number of bedrooms Maximum numbe►-of off-stre�t }7a1�ir��c�s I 0- 1 One 1 I 2 - � Two 2 � � �+� �Civo and one-half(2.5) C��.F. A housing development which ��- "}-�r��-{i+}+�=-r��ts rncenti��s or concessi�ns must show that the requested concessions €+�� -+t��I-ti ci��--a�#��r=f�a l�-�+�-i��-�t}-��I��-�+f-��E-�a r�` -r��g u i��°ci l c� _��rc��_i�� f��r affordable rents or affordable lzousing costs, as applic�l�l��. - 65- CONFORMANCE WITH STATE LAW 7956.848050 General Requirements. }� �, Affordable for-sale and rental low and verv low income units must remain affordable tc> .,.. , _ lr��v or very low income households, as a�licable, for thirty years �� '�^�'� � �a��,:��*,r �^��;: .+ . , or for a longer period of time if required by �a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. , � . Affordable for-sale moderate �ncome units must remain affordable to moderate-income households for the duration r��c�uired by the City's Residential Housing Mitigation Pro�ram or for a lon e�r �eriod of time if rec�uired by a construction or mortga�e financin� assistance program, mort�age insurance �rogram, or rental subsidy pro�ram. Sales �rice for far-sale affordable very low, lc�w, and moderate income units shall be set at affordable housin� cost. Rents for affordable luw and very low income rental units shall be set at an affardable rent. E3. I he affordable dwellin�units and land dedication that qualify a housing develo�ment for a density bonus may also be used to meet the below-market-rate housin��rovisions of the City's Residential Housing Miti�ation Program, provided that the affordable units and land dedication com�ly with the rec�uirements of both Chapter 19.56, Density Bonus, and the Residential Housin�Mitigation Program re a� rding the rec�uired number of affordable units, required level of affordability, and term of affordability so as to provide the re� atest affordability to the most households for the lon est term. C. Unless otherwise �overned bv other funding sources,�first priority for the affordable units will be given to individuals who reside, work, go to school, or have family in the City of Cupertino. D. A master regulatory agreement shall be made between the developer and the City which indicates the household type, number, location, size and construction scheduling of all affordable units, and such information as shall be required by the City for the purpose of determining the developer's compliance with this chapter. �I'he rc ul��tc�r�� a��-r�m�nt shall b��_ recc�rd��i abainst the housin�, d�r��etc��>n�l�nf prior lc> rinal or �arcel ma� a�proval or, �,,Ilere a map is not being�rocessed, prior to issuance of anv building�ermits, and shall be binclin�; on all futurc c��ners �nd successo�� in inttre-st. E. Affordable units in a project and phases of a project shall be constructed concurrently with or prior to the construction of market-rate units. F. Affordable units shall be provided as follows: 1. Affordable units shall be dispersed throughout the project; �-Affordable units shall be identical with the design of any market rate rental units in the project with the#��}�-��-exception cl�<�t_<3 a-2.��eduction of interior amenities for affordable units will be permitted upon prior approval by the City Council as necessary to retain project afford ability. � G. _ :, , , �1 _ . . . W � O -66- � :a„ 1!. ,.a,.,� H. The developer shall submit a project financial report (pro forma) . . � demonstratin� that tl�e requested incentives or concessions are rec�uired to prc�vide f�7i affordable rents or atfordable ho�rsin�; costs, as a�plicable. The City may retain a consultant to review the financial report. The cost of the consultant shall be borne by the developer with the following exception: CONFORMANCE WITH STATE LAW 1. If the applicant is a nonprofit organization, the cost of the consultant may be paid by the City upon priar approval of the City Council. �,��}��_-_ . READABILITY :�,1.A11 affordable units shall be occupied by the household type specified in the written agreement required under Section 19.52.i�NEO��C. The developer's obligation to maintain these units as affordable housing shall be evidenced by the master regulatory agreement which shall be recorded as deed restriction running with the land. W � � � z � � w . . . � � � O �"" - � • U' �--�= ��t,a. ��.�,n �,., ,��F,.,-,a_,ti�., ,z-�,-;�;T�I�r��-�f+e�. �' x ��4�.-��-=�-r-�-�«i�--+�=��-�}fat+tiE��-�J��- � H � U � j.___Prior to the rental c�r sale of any affordable unit, the City or its designee, shall verify the � O eligibility of the prospective tenant or buy�r. w � �.i��,The Citv mav establish fees associated with the settin�� and monitorin� of affordable Q � units• 0 � L. For r�nt��l aftordablc ��cr�� 1�� ir��d lo�� incc�m� units: � �:1. The owner shall obtain and maintain on file certifications by each household. Certification shall be obtained immediately prior to initial occupancy by each household and annually thereafter, in the form provided by the City or its designee. The owner shall obtain updated forms for each household on request by the City, but in no event less frequently than once a year. The owner shall maintain complete, accurate and current records pertaining to the housing development, and will permit any duly authorized representative of the City to inspect the records pertaining to the affordable units and occupants of these units. �, � �. , . _ Q � W � O � - 67- CONFORMANCE WITH STATE LAW If=.?.The owner shall submit an annual report to the City, on a form provided by the City. The report shall include for each affordable unit the rent, income, and family size of the household occupying the unit. },______The owner shall provide to the City any additional information required by the City to insure the long-term affordability of the affordable units by eligible households. 1�).�b.060 Application Requireulents. A. An a�plicant��er may submit a preliminary proposal for housing d��lopment pursuant to this chapter prior to the submittal of any formal application. �r�,,, �;�., ��,.,>> ,;f�,;., r „�., ,a,.,�, „} .. .,� „� � r:��., n n��L_ , � , ,.�;�., }�,,, �,,,,,..;,,., . �, . . , , , , . .,n.,�,,.,�;�.i„ B. All rec�uests �ursuant to this Chapter shall be submitted to the City concurrently with the application for the first discretionar� permit ar other �ermit required for th� hc�usin development ar�d shall be process concurrentl� with the discretionar�� i� application �.�followiT� the review process as set forth for permits in Chapter 19.12, Administration of the Cupertino Municipal Code established by the City_ a�#-The a�}�licant shall provide additional information as specified in this chapter, specifically: 1. Provide a written statement specifying the desired density increase, incentive� and an�� ai��ers requested,�r��osed rent sclleciules and �or_sales�ices, and the type, location, size and construction scheduling of all dwelling units; ?_�___Submit a project financial report (pro forma) den�lonstratin�, that th� rc��uested ir�celltives ��i11 rest�lt in identifiable, financially �ul�licient, and actual cost reductions to ll�e housing develo�ment and they are rec�uired to provide for affordable rents or ��ffordable housin� costs, as a�plicable. The �ro forma shall include the capital costs, ��perating expenses, return on investment, loan-to-value ratio and the debt covera�e r�itii�_ includin�, th�c�ntl�ibutic�n�5��.u��ic�t�� 1,��_a��_a � li�able_�ub�i�i�_��rc>�r�m�,5�, as required; �_ �:n a�raisal re�ort indicatin� the value of the density bonus and of the �ricentive�/concession(�; '�, use of funds statement identifving the financial gaps for the housing development .. ith the affordable housing units. The anal�ysis shall show how the fundin��a� relates �� the incentive(s�/concession(s); _=_�_or any re�uested waiver of a develo�ment standard, evidence that the develo�ment �tandard for which the waiver is rec�uested will have the effect of phvsicall�precludin� - 68- CONFORMANCE WITH STATE LAW the construction of the housing develo�ment with the densitv bonus and incentives requested. E�.__ If a mixed use buildin� or project is �roposed as an incentive, evidence that non- residential land uses will reduce the cost of the housing development and that the non- residential land uses are com�atible with the development and the existing or �lanned :levelo�ment in the area. �. It a density bonus is rec�uested for a land donation, the location of the land to be dedicated, �roof of site control, and evidence that each of the rec�uirements included in Section 19.56.030C can be met. 8. If a density bonus or incentive is rec�uested for a child care facilitv, evidence that all of the rec�uirements in Section 19.56.030D can be met. 2.9.If a density bonus or incentive is requested for a condominium conversion, evidence that all of the reqtiirements in Section 19.56.030E can be met. ��.1;). Any other information requested by the Director of Community Development to determine if the rec�uired findin�s can be made. 19.56.070 Findin�s. A. Before a�provin� an a�lication that includes a request for a density bonus, incentive, ,�arking reduction and/or waiver �ursuant this cha�ter, the decision-making body shall make the following findings, as a�licable: 1_ A finding that the residential �roject is eli�ible for the densitv bonus and any incentives, �arkin�reductions or waivers rec�uested. ? A finding that any rec�uested incentive will result in identifiable, financiallv sufficient, and actual cost reductions based u�on the financial anal�sis and documentation �i�ovided. 3. It the density bonus is based all or in part on donation of land, a finding that all the rec�uirements included in Section 19.56.030C have been met. 4. If the density bonus or incentive is based all or in �art on the inclusion of a child care facilitv, a findin� that all the requirements included in Section 19.56.030D have been n��e t. �. _ 1 f the density bonus or incentive is based on a condominium conversion, a findin� that all the rec�uirements included in Section 19.56.030E have been met. 6. _1 i the incentive includes mixed-use develo�ment, a findin� that all the rec�uirements included in Section 19.56.040B(� have been met. ;'.___lti a waiver is requested, a finding that the development standards for which the waiver i s rec�uested would have the effect of physically �recluding the construction of the housin�development with the density bonus and incentives �ermitted. - 69- CONFORMANCE WITH STATE LAW E3. It the findin�s required by subsection (,A) of this section c�n be made, the decision-making body may den,�a�lication for an incentive or waiver rec�uested �ursuant to Section 19.56.040 only if it makes one of the followin� written findings as a�licable to each txpe of a�plication, su�orted by substantial evidence: ].__That the incentive is not required to �rovide for affordable rents or affordable sales prices; or 2. I hat the incentive or waiver would have an adverse im�act on real�ro�ert,v listed in the California Register of Historic Resources;or 3. That the incentive or waiver would have a specific, adverse im�act upon �ublic health or safety or the �hysical environment, and there is no feasible method to satisfactorily miti�ate or avoid the specific adverse im�act without rendering the residential project u naffordable to low and moderate income households. For the �urpose of this �ubsection, "specific adverse im�act" means a significant, c�uantifiable, direct, and u navoidable im�act, based on ob�ective, idendfied, written �ublic health or safetv �tandards, �olicies, or conditions as they existed on the date that the a�plication for the r�sidential�roject was deemed complete;or �. That the incentive or waiver is contrarv to state or federal law. C. If the findin�s required by subsection (A) of this section can be made, the decision-makin� body may denX an ap�lication for a density bonus or incentive that is based on the provision of child care onlv if it makes a written findin�, based on substantial evidence, that the city already has adec�uate child care facilities. - 70- Cf-�AP-rER 19Jb: PliBLIC BUILUING (BA), QUASI PUBLIC BUILDING (BQ) A1�'DTRANSPORTATION (T) ZONES Section 19.76.020 Applicability of Regulations. 19.76.030 Permitted, Conditional and Excluded Uses in BA,BQ and T Zones. 19.76.040 Permits Required for Development. 19.64.050 Application Requirements. 19.64.060 Site Development Regulations. 19.76.010 Purpose. The BA, BQ and T zoning districts are designed to accommodate governmental, public utility, educational, religious, community service, transportation, or recreational facilities in the City. 19.?6.0?0 �p}�licability of Regulation5. The specific regulations of this chapter shall apply to all BA, BQ and T zoning districts. 19.76.030 Per�nitted, Conditional and Etcluded Uses in BA, BQ and T 7ones. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Public Building (BA), Quasi-Public Building (BQ), and Transportation (T) are identified in Table 19.76.030, Permitted, Conditional and Excluded Uses in Public, Quasi-Public and Transportation Zoning Districts. Table 19.76.030—Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones Zoning Districts BA BQ T Uses 1. Buildings and other uses on land owned or utilized by a federal, - state, county, or city government or authority, or by a special P district created for public purposes under the laws of the State of California are permitted in a BA zone. � 2. Rotating��emer��enc��shelter provided that the following - conditions are met: a. Shelter is located within an existing church structure; b. The number of occupants does not exceed twenty-five; c. The hours of operation do not exceed six p.m. to seven a.m.; - P d. Adequate supervision is provided; U � e. Fire safety regulations are met; and Z � f. Operation period does not exceed two months in any twelve- � � month eriod at an sin le location. � � 3. Permanent emergency shelter provided the following conditions w � are met: - P - Z � I a. Secdon 19.76.030(2)(�b)�- c�(e); �U ~ � - 71 - Zoning Districts BA B T U � Uses � Z � b. A ►�iat�a��ement��l�� i-:��r��T,�i.1�=��' ,�11rc}� ir��l�a_dt� ��icl��i,l<:1 � Fw.., _ o�eration �lan, O � c,':t'.Sllelt2T IS dVdl��i��l� tc� �1�� u«1;t�I��<il tir Il��u�;t"Ili,�ij t�t'��1tt{�C�� r.., � _ __ ._ �_ _ ` - --— – `�- - — � � E�f t_hcir abilit�rtc� >��; and � �-, — � �;.c�. Occu anc is limited to six months or less. U � 4. Public utility companies regulated by the Public Utility - Commission for uses restricted to administrative and office CUP- buildings, communication equipment buildings, including - PC parking, landscaping and maintenance within an enclosed area or stora e ard; 5. Religious, civic, and comparable organizations, for uses restricted - to church buildings, community halls, administrative buildings, CUP schoolrooms, recreational facilities, and athletic fields, convents, - –PC seminaries, and similar uses customarily associated with churches, including parking and landscaping areas; 6. Child care facility, residential care facilities, congregate residence, CUP - hospitals, vocational and specialized schools; –PC 7. Lodges, clubs, country clubs, including accessory uses such as - swimming pools, picnic areas, golf courses, driving tees or ranges, CUP miniature golf courses (all uses to be restricted to members of the –PC above or anizations and their uests); CUP - 8. Large-family daycare home; –PC 9. Airports, airfields and helicopter terminals, including CUP administration and service buildings, maintenance and storage - - –PC ards 10. Railroads, including terminals and stations, freight yards, CUP marshaling yards, storage yards, administrative and service - - –PC buildings 11. Bus terminals and stations, including administration and service CUP buildings, maintenance and storage yards –PC 12. Freeways, expressways,and other roads with limited or controlled CUP access, including administrative buildings and maintenance yards –PC Key: P– Permitted Use -– Not Allowed CUP–Admin.– Conditional Use Permit issued by the Director of Community Development CUP–PC– Conditional Use Permit issued by the Planning Commission CUP–CC– Conditional Use Permit issued by the City Council Ex- Excluded Uses - 72- 19.76.0-}0 Perinits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in a BA. BQ or T zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12. 19.6�.0�0 .=�E�plication IZec�uireinents. Prior to the issuance of development permits, or any amendment thereto, an application shall be made that, in addition to the requirements in Chapter 19.12, shall include a development plan. The plan shall include: A. Types and heights of buildings/structures and location of areas where buildings are to be placed; B. A proposed system of public and private streets, including cross-sections for all types of streets; C. Landscape plans; D. Parking and loading plans as required by this title; E. Any other information, which the Director of Community Development requires in order to evaluate the effects of the proposed facilities on the surrounding areas. ]y.6-�.O60 Site [�evelopment Regu(�tions. A. Maximum Height of Buildings and Structures. The height of buildings in BA, BQ and T zone districts is regulated by the development plan. B. Setbacks and Screening. 1. There are no minimum setbacks in BA, BQ or T zoning districts;provided, however, that the Planning Commission may establish minimum setbacks with respect to each individual application for a development permit or a conditional use permit in order to provide adequate light, air and visibility at intersections, and to provide general conformity with adjacent and nearby zones and lots, or to promote the general excellence of the development; 2. Adequate screening to limit noise, to reduce glare of lights, and to prevent obnoxious emissions shall be provided when deemed appropriate by the Planning Commission. - 73 - CHAPTEIZ 19.8�: PERMITTED, CONDITIONAL AND EXCLUDED USES IN OPEN SPACE,PARK AND IZECREATION AND I'IZIVATE RECREATION ZONING DISTRICTS Section 19.84.010 Applicability of Regulations 19.84.020 Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones Iy.5-�.0�10 Applicability of IZegulations No building or structure or land shall be used in an OS, PR and FP zoning district, otherwise than in conformance with the provisions of this chapter. 19.84.020 t'ermitteci, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones Table 19.84.020 sets forth the Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation zones. Table 19.84.020—Permitted, Conditional and Excluded Uses in Open Space, Park and Recreation and Private Recreation Zones Zoning Districts z Uses OS PR FP p H A. Low-intensity recreational uses such as hiking,birdwatching, walking, picnicking and other P -I' - V similar activities � w B. Minor maintenance of ve etation such as mowin or trimmin P -P -i° � IC. Incidental ardenin p -I� i• � ID. The erection or maintenance of minor structures, such as fences, gates, culverts and drainage P -P `` U ditches. }� U E. Any legal nonconforming use as provided for in Chapter 19.140 of the City's Ordinance Code P -l' -P Z _ W H F. Temporary uses subject to regulations established by Chapter 19.160 CUP— -1_' -CUP - � Admin Admin z CUP— - - � G. Noncommercial stables for riding horses U Admin - 74- z Zoning Districts OS PR FP � Uses � � CUP- -1' CU P- U H. Artificial or constructed pools, ponds, lakes or streams Admin PC- � � I. Playgrounds CUP- -I' -CUP- � Admin PC U J. Any other use which is compatible with open space or� park and recr�ati��n and otherwise is in CUP- -[' - W � conformance with the ur oses of the OS or I'R zonin districty Admin Z a IK. Parks, �, and recreation facilities, as re ulated b Title 13 of this code - P - � W L. Agricultural activities for educational and recreational pur�oses, stfrJi ��_c�mmuni�� P - � � �;ardens and hobby far�r�s . . . , ��+�rt#�'�,++�` - 0 ci � z x M. Single-family residences for the purpose of housing a caretaker for the park. The residence may � � - P - U � take the form of a mobilehome as well as a ermanent residential structure. N. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming P -�' with the provisions of Chapter 19.1 tlU�of this title -l� -- CONSISTENCY O. Parkin facilities as necessar for ark usa e - P - P. Outdoor Uses: l. Equestrian center including riding academies, stables and horse rental, - - CUP— 2. Practice range for archery or firearms, PC 3. Golf course with or without driving range, 4. Swim and racquet club, 5. Swimming, diving or related sports center, 6. Picnic areas, 7. Racquet sports center for tennis, racquetball,badminton and similar activities, 8. Specialty outdoor activity center encompassing one or more of the following or similar uses: a. Roller skating, b. Skateboarding, c. Lawn bowlin ,bocce ball, - 75- Zoning Districts Uses OS PR FP d. Miniature golf, e. Waterslide, - - CUP— 9. Commercial athletic field for one or more of the following or similar uses: PC a. Baseball, softball or batting cage training, b. Football c Soccer, d. Volleyball, e. Field hockey, f. Basketball, 10. Amusement parks with or without rides or live entertainment, 11. Bicycle motocross course/go-cart track or similar specialty raceway,but excluding facilities for racing of automobiles or motorcycles, 12. Air sports field for hang gliding,ultralight aircraft or ballooning,but excluding common carrier passenger aircraft service, - - CUP- 13. Other outdoor recreation uses which are found by the Director of Community Development PC to be of similar intensit and characteristics of use to those enumerated in this subdivision; Q. Indoor Uses: 1. Museums and galleries, 2. Theaters for film, stage or music entertainment, 3. Specialty indoor activity center encompassing one or more of the following or similar uses: a. Bowling, b. Video games, CUP- c. Pool,billiards, PC d. Martial arts, e. Ice or roller skating rink, 4. Personal fitness or sports training center with primary location of facilities and equipment enclosed within a structure, 5. Dancehall or facility for dance instruction, 6. Other indoor recreation uses which are found b the Cit Council or Plannin Commission - 76- Zoning Districts OS PR FP Uses to be of similar intensit and characteristics of use to those enumerated in this subsection. R. Subsidiary Uses: 1. Competition and tournament facilities, including stadium seating, concession stands and box office/ticket sales for on-premises events only, 2. Restaurant without separate bar facility, 3. Repair shop, servicing equipment associated with the activities authorized under the CUP- principal use permit, PC 4. Retail sales of equipment and supplies customarily associated with the activities authorized under the principal use permit, 5. Caretaker's or security officer's residence 6. Other uses deemed by the Planning Commission or City Council to be subsidiary to the rinci al use authorized on the site. S. Card Clubs and similar businesses o eratin ames of chance - - Ex T. Ni htclubs - - Ex U. Other uses which are found by the Director of Community Development to be in conflict with - the ob'ective of the FP zonin district - Ex Key: P— Permitted Use -- Not Allowed CUP-Adrnin.- Conditional Use Permit issued by the Director of Community Development CUP-PC- Conditional Use Permit issued by the Planning Commission CUP-CC- Conditional Use Permit issued by the City Council Ex- Excluded Uses - 77- CHAPTER 19.172: BELOW MARKET RATE HOUSING PROGRAM Secti��i7 CONFROMANCE WITH GENERAL PLAN 19.172.01U Purpose 19.172.020 Below Market Rate Housing Program Rec�uirements 19.172.030 BMR Pro�ram Administration 19.172.010 Purpose The �ur�ose of this chapter is to: A. Encourage the develo�ment and availabilitv of housing affordable to a broad ran�e of households with varyin�income levels within the citv as mandated by State Law, California Government Code Sections 65580 and the Cit� of Cupertino's General Plan, includin� its Housin�Element. �3. Promote the ci ,tv's goal to add affordable housing units to the city's housin� stock in �ro�ortion to the overall increase in new�obs and market rate housing units. t. Miti�ate the need for affordable housing created bv new market-rate housing development and ensure that market-rate housin� development does not utilize all land available in the citv for affordable housin� D. Miti�ate environmental and other im�acts that accom�anX new residential and commercial develo�ment b,�protecting the economic diversity of the city's housin� stock, with the goal of reducing traffic, transit and related air c�uali , im�acts,�romoting jobs/housing balance and reducing the demands�laced on transportation infrastructure in the region. E. Increase the su�lv of for-sale and rental housin� for families and individuals em�lo_yed in Cu�ertino whose incomes are insufficient to afford market rate housin�. Since the historical rate of �roduction of affordable housin� in the citv, b,� private developers is very low, the r3��R program is essential to meet the city's need for affordable housing. 19.17"_'A20 Below Market Rate (BMR) Housing Program Requirements �, . Develo�ers of housing development projects must complv with the requirements set forth in Residential Housing Mitigadon Program of the Citv of Cupertino's Housing Element of the General Plan. t�. To the extent �ermitted b� law, the Ci , 's objective is to obtain actual affordable housing units within each development rather than off-site units or mi�ation fee payments. I'rovision of off-site units, land donation, or �ayment of Housin� Mitigation Fees may onl� be �ermitted as specified in the Residential Housing Mitigation Program rules and re�ulations. 1�.172.030 BMR Program Administration A. The Citv Council shall adopt rules and re�ulations consistent with the provisions of this chapter and the Housin� Element for the purpose of carrvin� otrt the administration of the - 78- CONFROMANCE WITH GENERAL PLAN Residential Housing Mitigation Program. Such rules and re�ulations shall address, but are not limited to, �ro�ram eli 'bility rec�uirements, affordable housin� cost, income limits, �references for housin�a�plicants, minimum occupancy limits, waiting list �rocedures, buver selection �rocedures, methodology for the calculation of affordable housin,� cost and affordable rent, resale restricdons and reasonable accommodations for disable ap�licants. The rules and re,�ulations shall also address Residential Housing Mitigation Pro�ram com�onents such as the �rovision of rental BMR units in for-sale housing develo�ments or off-site BMR units. A co�,v of such �olicies, rules and regulations shall be on file and available for�ublic examination in the office of the cit�y clerk. t3. __ Failure or refusal to com�ly with any such rules, regulations or agreements �romul ag ted under this_section shall be deemed_a violation of this cha�ter. - 79- ��;«��:�: �, _. . .., �� __._..,__.. �. , _........_ .__ , . ..� � � ��d '�( � { � ; ��: t ' .��.{ �� 5 . . . . . ( � �� , i .xfsa..+�rt i. ' ( 1 � � � 4! �-,T'..,..-..»,�. .. ...-..,,_.-"__ / �_, ' � . , q w�;=+*p.*�.�,°'+,-.:aw,....y `lw"wo-.�.-....m w+...w.......*y.,.^+�,.�, ,. �._ •e. � P �. � .�.. . -.,.:, ,.,_ m. � 1 ` �� . . � . . . . . . i �.,:.�r��c,. �. .,�� . � � a•� �'� � i� r � ��y�� ,E�'.,� I � j � } :r- � >::• .w�^,��... .. � , , � • > _ ':� , ..;�x.ss_%, i ��' � 4 i ;fi ,� _ - _ __..___....,, . '_----�—: —� . ; � 5:.:; � � ; , . �v,� � � °�� ,,,, ` • h � � � Xy . � � � �i�� :� ;_. . �_��< �. . . .. ' t ,. f�5 5 � i.w ?� _ ._�� •� � ... , . : � . . _ �a _, -,j y i .> ,y, t ��' '' '� j , . - ° , 1',, ^ ,� �„�i�,� ( 3} ; � � , �,� � +�r . � � __ � �� _ � � � � � �� . � , � ' ' �a,"'�� ,,x , �» � .� r T � ,' � � � �.�:� � . . � � . .� �h��+ ��,� � �'� ,� y � _ : ,�,r yc. `9�t?�,� f � .� ,`��1��'�'�� ,.��1.� ,#;,� , � ��i � t `fa�i �1, .� ' �, ,`. � �t, t�;�`� x f'j�/ t �:r � +�t � � �� +rj'. '�}`,d � YL' * . ��. !��..�, �� j��,.. r..,� d ,,�a...f �� t •�7' ,� . ��,� i �� t '; ��^,` r�}�,��',' !�?`' < � �l� �� , •�, � a� �� 8 'y * � # ��t.��1 � �f''1, '� ,`�L `V. �t��'� i _Sw .:.`�. ,-- �'.�... �� e � 4 �R ��j Z� ��,�� y'r:iTY.r L��. � . ,.��-..-- . � �, . • - ` � '� F fi 7��,'i�� -a ct-'. �.. x"""�'f� � , . � ' .., .... •_ �, �►�, r�.�w.i��.f _ -"k �� 'k �� —,y `�';' -. w `�. • . +�� ' � . , _. ___. � �` � A� .� � � �� ' �� •�� F.p x } " s{ �# �' ��,�' 'k 1. A � a � � � � � � � �R�'� . � 'r.�;P.r71i. ' C,wx r a °,�� `,,�-, �F'.. ��,yft � � ,1! � ..� �.�y � 1 � � �.. c ♦'&.'� .� t- i'/ '1 � �, ly� +f�. �. � y"�.-} g j �� .. ��a��~�� i t�'� '�� a � � �� + � �%� 1.` f� .�� !'}�� Y. � �.� '�4��'Hl� r�. �� .,��', r � �♦ `Y ,4d: �� ,° ��x'�'"�� ' ��}�t � ; �S+ � 1�w.F�,,$!� ar�. ,� ro��K`j'l��•�� °� . 1. �'� ��"'4�'� �.�e. �� z�� ;�„ '�a�� ,�,;,,� � , � _�� j;�' �w'^��+ �` ,., �* ,�. �� 4 �� . ��„�A,��- t �,�j �_�`"�'� R,t°"�i�� ,�{,,� r � �. � y � �4� .«.� ^� 1;��. -w� '� ,.�� , \ s F r �, ��y�� " k s�;,' , ��_�t�,,� - , l;�� .,7'r,�`.` �s w °. ..,�_ ... "�.��'-"'�'�g'r . Section .� HOUSING SECTION 3 Housing INTRODUCTION • Cupertino is a community with a high quality of life, a .. . renowned school system, and a robust high-technology • • • ' economy. The long term vitality of Cupertino and the �' � ' ' local economy depend upon the availability of all types of � . , - � housing to meet the community's diverse housing needs. • • • As Cupertino looks towards the future, increasing the range and diversity of housing options will be integral to the City's success. Consistent with the goal of being a balanced community, this Housing Element continues the City's commitment to ensuring new opportunities for residential development, as well as for preserving and enhancing our existing neighborhoods. Role and Content of Housing Element The Housing Element is a comprehensive eight-year plan to address housing needs in Cupertino. This updated Housing Element focuses on housing needs from January 31, 2015 through January 31, 2023, in accordance with the housing element planning period established by State law for San Francisco Bay Area jurisdictions. This Housing Element is the City's primary policy document regarding the development, rehabilitation, and preservation of housing for all economic segments of the population. Per State Housing Element law, the document must be periodically updated to: ■ Outline the community's housing production objectives consistent with State and regional growth projections ■ Describe goals, policies and implementation strategies to achieve local housing objectives ■ Examine the local need for housing with a focus on special needs populations Housing Commission Attachment B 3-3 2040 GENERAL PLAN City of Cupertino ,�t ��;;. ■ Identify adequate sites for the production of housing r>�. serving various income levels ��.' � . �t� Analyze potential constraints to new housing production ,..,�� y ■ Evaluate the Housing Element for consistency with other � " � General Plan elements °" _ �� .�.-�,� ��`='�"� �' � This element outlines the community's projected housing : � , ��, ', � �`� �_ ' . needs and defines the actions the City will take to ..- , � ...�....�.- � address them. General Plan Appendix B provides detailed � , , � background information to meet all requirements of State i, _�., � � � Housing Element law. - �.. �,- �.-_----•-�-� �� - • _,,,,,� _.. �...� _.....__.�..__ H C:�� ,�,��S S�1P1 E�T � � � * �� „' This section describes the demographic, housing, and � .��,,� �a �.� � �'�� economic conditions in Cupertino; assesses the demand 9��' �oy�--'�-�"� for housing for households at all income levels; and ,._ . .�Ssessr„enr 5-.�:. s� _<� documents the demand for housing to serve special needs rhe tra�r,e��ork fo��e�n�r -°�., ��'� populations. The Housing Needs Assessment establishes ,_� , �,; _; � _. ,. the framework for defining the City's housing goals and formulating policies and ptrategies that address local housing needs. Population & Household Trends A community's population characteristics can affect the amount and type of housing needed. Factors such as population growth, household type, and whether or not households are more likely to rent or buy their homes influence the type of housing needed. 3-4 Housing Commission Attachment B SECTION 3 Housing Demographic Trends in Cupertino and the Region .,. ,.. , .. . . .,, Population �� ' �� ,,.� �: The Cit 's o ulation increased b 15 ercent between '�� '�� 2 0 a d 0 0 exceedin the rowthpate of Santa �� '� , "`'`�i�� 00 , 9 9 ' r . . .i� � Clara County (six percent), the San Francisco Bay area ' �. ,� �' :� (five percent), and the State of California (10 percent) , n +!�!�� •. � (see Table 3.1). During this period, Cupertino grew from L �� `�. �,, � � �, r�,�„ � , �_.�� _._ 50,546 to 58,302 residents. A portion of this population placed new pressures on Cupertino's growth can be attributed to the annexation of 168 acres "�''��''�'"`'"��` of land between 2000 and 2008. Annexation of Garden Gate, Monta Vista, and scattered County "islands" added 1,600 new residents. After removing the population increases from these annexations, Cupertino experienced a 12-percent increase in its population during the previous decade. Households A household is defined as a person or group of persons living in a housing unit, as opposed to persons living in group quarters, such as dormitories, convalescent homes, or prisons. In 2010, Cupertino was home to 20,181 households (see Table 3.1). The City added approximately 2,000 new households between 2000 and 2010, an increase of 11 percent. Approximately 600 of these households, however, resulted from annexations. After adjusting for household increases due to annexation, the number of households grew by only eight percent between 2000 and 2010. During the same time period, the number of households increased by 6.8 percent in Santa Clara County. Household Type Households are divided into two different types, depending on their composition. Family households are those Housing Commission Attachment B 3-5 2040 GENERAL PLAN City of Cupertino �a; '�" .a� �" consisting of two or more related persons living together. �k.? ' `��`�� -�� Non-family households include persons who live alone + _,�� ~' or in groups of unrelated individuals. Cupertino has a � �"� , -�� large proportion of family households. In 2011, family � ��"� , ,� .; � ,�I: �� . y�; [r„�� °. .� households comprised 77 percent of all households in ' ' the Cit com ared with 71 ercent of Santa Clara Count � - �I �� "�' � Y- P P Y . ■��: � � i (�! ��; � r .��`s�v"� i i � * � households (see Table 3.1). ch*� ��; � ..... V� �^f �Y. � ""'.+.. e+it J^� pt.1ti9P x.TT t,;��\ "� �; i � " '�d �� _s�.��,.,:;... Household Tenure propo�-nons otno�seno;d rvp� �n �,�,F��-��.� Households in Cupertino are more likely to own than rent their homes. Approximately 63 percent of Cupertino households owned their homes in 2010. By comparison, 58 percent of Santa Clara County households owned homes (see Table 3.1). Long-term Projections Table 3.2 on page 3-7 shows population, household, and job growth projections for Cupertino, Santa Clara County, and the nine-county Bay Area region between 2010 and 2040 and represents the analysis conducted by the Association of Bay Area Governments (ABAG) using 2010 Census data and a variety of local sources. Between 2010 and 2040, Cupertino's population is expected to grow by 12,898 residents—from 58,302 to 71,200. This translates into an increase of 22 percent over 30 years. ABAG projects both Santa Clara County and the ABAG region will experience much larger growth over the same time period (36 percent and 31 percent, respectively). Cupertino's job growth is expected to continue to outpace population and household growth between 2010 and 2020, compounding the "jobs rich" nature of the City and the region. By 2020, Cupertino is anticipated to have a jobs-to- housing ratio of 1.40 (up from 1.29 in 2010, but mirroring the regional average of 1.40). Job growth in Cupertino is projected to level off after 2020 to a comparable pace with 3-b Housing Commission Attachment B SECTION 3 Ho�s��g � : � • � � • � � • • � � � � � � � � ,'" �,� ; ;; .-x�� +�``, �� ^ � � N� �� - City of Cupertino Population 50,546 58,302 7,756 15.3% Households 18,204 20,181 1,977 10.9% Average Household Size(a) 2.75 2.83 Household Type(a) Families 74.8% 77.4% Non-Families 25.2% 22.6% Tenure Owner 63.6% 62.6% Renter 36.4% 37.4% Santa Ciara County Population 1,682,585 1,781,642 99,057 5.9% Households 565,863 604,204 38,341 6.8% Average Household Size(a) 2.92 2.89 Household Type(a) Families 69.9% 70.8% Non-Families 30.1% 29.2% Tenure Owner 59.8% 57.6% Renter 40.2% 42.4% Bay Area(b) Population 6,783,760 7,150,739 366,979 5.4% Households 2,466,019 2,608,023 142,004 5.8% Average Household Size(a) 2.69 2.69 Household Type(a) Families 64.7% 64.8% Non-Families 35.3% 35.2% Tenure Owner 57.7% 56.2% Renter 42.3% 43.8% California Population 33,871,648 37,253,956 3,382,308 10.0% Households 11,502,870 12,577,498 1,074,628 9.3% Average Household Size(a) 2.87 2.91 Household Type(a) Families 68.9% 68.6% Non-Families 31.1% 31.4% Tenure Owner 56.9% 55.9% Renter 43.1% 44.1% Notes: (a)Average household size and household type figures from American Community Survey(ACS),2007-2011. (b)Alameda, Contra Costa, Marin, Napa, San Francisco,San Mateo, Santa Clara, Solano,and Sonoma Counties. Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Housing Commission Attachment B 3- 7 2040 GENERAL PLAN City of Cupertino t^ '- .... „rr-r .:��.��r. ,..> c t � �.�, '--'`� �� ` s '`=x-;" � �r'�`�'�� population and household growth. Similar trends are also ��, ;� ��.�.`�� y� R�.� �� .,;,�"'" s f ��'�;;,�» �;;�4 hq - ��'� projected for the County and the ABAG region as a whole. �✓S�� "7'"�� `,�'"�`��.-'��. Al�Ea Z,,.�`P S,�>}� I�A�� j�,T " .h�'�� ``-��:,.f��*�� .�, �,�" �� -�U, Housing Stock Characteristics �-� � .� �., �� a'='� "'`" ��•. ''�E .�� '�s��' : � ��%� u��-:�:� A community's housing stock is defined as the collection �'�`s';.- �f2ea � , r8±;� :, '��' � ' �K s ' of all types of housing located within the jurisdiction. The t` r•>:� .� ..,f ..,. t1`!+'-.�Z'^t��: � �., � �"-._ ;�• '--�' ' characteristics of the housing stock-including condition, � -= -__,_ � type, and affordability-are important in determining the �--;,. .. .�a,� :: ; � housing needs for Cupertino. to ncreasc� bv r�v_� �-��.��_ � _ , ,, „�_,xr t,,,,;,, �_��,s Distribution of Units by Structure Type A majority of housing units in Cupertino are single- family detached homes (57 percent in 2013). While still representing the majority house type, this represents a decrease from 2000, when 61 percent of all homes were single-family detached. In comparison, single-family detached homes in both Santa Clara County and the Bay Area comprised 54 percent of all homes in 2013. � : ' • ' � • • • � � � • : " • • 1 1 1 � 1 , �e .: ��e� � ,.�:;�,�o. .., ...r�..� r ,. - ' � � �. -- ..�j::�� i ii�t��uzc r. ��: +:m-�� T�f�atli� City of Cupertino Population 58,302 62,100 66,300 71,200 6.5% 6.8% 7.4% Households 20,181 21,460 22,750 24,040 6.3% 6.0% 5.7% Jobs 26,090 29,960 31,220 33,110 14.8% 4.2% 6.1% Santa Clara County Population 1,781,642 1,977,900 2,188,500 2,423,500 11.0% 10.6% 10.7% Households 604,204 675,670 747,070 818,400 11.8% 10.6% 9.5% Jobs 926,270 1,091,270 1,147,020 1,229,520 17.8% 5.1% 7.2% Bay Area (a) Population 6,432,288 7,011,700 7,660,700 8,394,700 9.0% 9.3% 9.6% Households 2,350,186 2,560,480 2,776,640 2,992,990 8.9% 8.4% 7.8% Jobs 3,040,110 3,579,600 3,775,080 4,060,160 17.7% 5.5% 7.6% Notes: a)Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo,Santa Clara, Solano, and Sonoma Counties. Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. 3-8 Housing Commission Attachment B SECTION 3 Housing q� ,�r P Large multi-family buildings (defined as units in structures " � '` containing five or more dwellings) represent the second �� ' largest housing category in Cupertino (21 percent), followed by single-family attached dwellings (12 percent). ' �° { r-�s ..� � _ �" Between 2000 and 2013, these two housing types � �� '"' �° ' � � �:;'�. . M � . � �� experienced an increase of 24 and 26 percent, respectively. � � � � ``� y- -� , . . � �� ' � t� +� Market Conditions and Income Related to � r °�� ''��'�'�.d��.. � � a��,� HOUSIIIg COStS The 6a3y Ar��a ,cchn,�iocav t,c;on� has rcrc�a�c�d h:%usi,�q :��" ,�iri<'at ,ii i,,,,�,', The cost of housing is dependent on a variety of factors, including underlying land costs, market characteristics, and financing options. In the Bay Area, the technology boom has increased the demand for new housing at all income levels, resulting in both lower-earning residents and well-paid area professionals competing for housing in an overcrowded and expensive market. High housing costs can price lower-income families out of the market, cause extreme cost burdens, or force households into overcrowded conditions. Cupertino has some of the highest housing costs in the region. Rental Market Characteristics and Trends A review of rental market conditions in Cupertino was conducted for this Housing Element by reviewing advertised apartment listings. The survey found that market-rate rents averaged: ■ $1,608 per month for studio units ■ $2,237 per month for one-bedroom units ■ $2,886 per month for two-bedroom units ■ $3,652 per month for three-bedroom units Rental prices in Cupertino ranged from $1,400 for a studio unit to $5,895 for a five-bedroom unit. As can be expected, smaller units are generally more affordable than larger Housing Commission Attachment B 3-9 2040 GENERAL P �AN City of Cupertino � units. The overall median rental price for all unit sizes r ' surveyed was $2,830, and the average price was $2,919. " ` " "`' ' �` Home Sale Trends �,. � � • ��E NOUSE � *� `� �� While other areas of the State and nation experienced �` '` FOR ,*° ,'�`�., downturns in the housing market during the national � ,SA.LE ��.�,��; recession that began in 2008, Cupertino home values have � ` '��' ' continued to row. During the de th of the housing market g P peS�,,;t, ,;-k crash (between 2008 and 2010), the median home price in Cupe�r�„o r,om�� ,r;�s h��-� �onr�n�,ed to Cupertino held steady at around $1,000,000. Since 2011, r'S" home prices in Cupertino have increased substantially. The 2013 median home sales price of $1,200,000 in Cupertino was nearly double that of the County median price ($645,000), and prices continued to rise in 2014. Housing AfFordability According to the federal government, housing is considered "affordable" if it costs no more than 30 percent of a household's gross income. Often, affordable housing is discussed in the context of affordability to households with different income levels. Households are categorized as very low income, low income, moderate income, or above moderate income based on percentages of the area median income established annually by the California Department of Housing and Community Development (HCD). In 2014, the area median income for Santa Clara County was $105,500 for a family of four. Special Housing Needs Certain groups have more difficulty finding decent, affordable housing due to their special circumstances. Special circumstances may be related to one's income- earning potential, family characteristics, the presence of physical or mental disabilities, or age-related health issues. As a result, certain groups typically earn lower incomes and have higher rates of overpayment for housing, 3-10 Housing Commission Attachment B SECTION 3 Housing or they may live in overcrowded residences. Housing Element law specifically requires an analysis of the special housing needs of the elderly, the disabled, female-headed households, large families, farmworkers, and homeless persons and families. Table 3.3 summarizes demographics for these special needs groups in Cupertino. � . . , � . � . . . � . .- -. . , ��-- . . • . . . w - . . Senior-Headed Households 3,983 785 (19.7%) 3,198 (80.3%) 19.7% Households with a Senior Member 5,069 n/a n/a 25.1% Seniors Living Alone 1,612 516 (32.0%) 1,096 (68.0%) 8.0% Large Households 1,883 619 (32.9%) 1,264 (67.1%) 9.3% Single-Parent Households 883 n/a n/a 4.4% Female Single-Parent Households 667 n/a n/a 6.9% Persons with Disabilities �a� 3,445 n/a n/a 5.9% Agricultural Workers �b� 36 n/a n/a <1% Persons living in Poverty �b� 2,330 n/a n/a 4.0% Homeless �� 112 n/a n/a <1% Notes: (a)2010 Census data not available for persons with disabilities. Estimate is from the 2008-2012 ACS. Estimate is for persons 5 years of age and older. (b)2010 Census data not available. Estimate is from the 2007-2011 ACS. (c)2010 Census data not available. Estimate is from 2013 Santa Clara County Homeless Point-In-Time Census and Survey Comprehensive Report. Of the 112 homeless persons counted in Cupertino in 2013, 92 persons were unsheltered and 20 were sheltered. Sources:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013; U.S. Census,American Community Survey(ACS),2008-2012;2013 Santa Clara County Homeless Point-In-Time Census and Survey Comprehensive Report Housing Commission Attachment B 3-11 2040 GENERAL PLAN City of Cupertino � ° + ,>>�� : �f Seniors „ ,`w�r.�"' i� �� 1✓��{_��1�� . +��^wM "CIAf . . . . ;,� ,.��; Many senior residents face a unique set of housing needs, �� ' �~� largely due to physical limitations, fixed mcomes, and � ,r �, .: � �"� '��. `��j; health care costs. Affordable housing cost, unit sizes and ��i��T"_f �� r:�.:� ,��.�w� � � g � �,� �,� �,� '` accessibility to transit, family, health care, and other services _ �'__�' � ._ �; _.- are critical housing concerns for seniors. � � �� *'� y . � �w;.,_>�� ..�� d rt . �'�""�"�` In 2010 20 ercent of Cu ertino householders were 65 ��. , �. , p r - � _ P years old or older, slightly higher than the proportion of more �ikely to be io�.�� r,co-�,� rn�n �ia�;iy senior households in Santa Clara County (18.5 percent). °k"��''``� "°`'s��O�`�s A large majority of these senior households owned their homes; 86 percent of elderly households were homeowners, compared to only 58 percent of householders under 64 years old. Cupertino's elderly renter households are more likely to be lower income than elderly owner households. Approximately 62 percent of elderly renter households earned less than 80 percent of the area median income compared to 42 percent of senior homeowners. Elderly households also tend to pay a larger portion of their income on housing costs than do other households. Large Households Large households are defined as those with five or more members. Large households are identified as a special needs group because of limited opportunities for adequately sized and affordable housing. Cupertino has a smaller proportion of large households than Santa Clara County as a whole (9.3 percent in Cupertino compared to 15 percent in Santa Clara County). In the City, large households are more likely to be homeowners (67 percent) than renters (33 percent). Approximately 64 percent of the housing units in Cupertino have three or more bedrooms and can accommodate large households. 3-12 Housing Commission Attachment B SECTION 3 Housing Single-Parent Households - � �� ; }< ,'�� _ � � �� -."�.,.�= Single-parent households often require special ,� '` _ ' � � ��i ,, s_. ��. .��" _ consideration and assistance because of their greater �'' � �'�, � �4 , , need for affordable housing and accessible day care, � «�L' � :-.�• "�;s,� � 1 �,: � health care, and other supportive services. Female-headed ~ � :�►: 9i �� single-parent households with children, in particular, tend ��"-- to have a higher need for affordable housing than other ' famil households in eneral. In addition these households '�� " �� Y 9 - are more likely to need childcare since the mother is often Cupertino's 3.3 percent female-heaaec- the sole source of income in addition to being the sole single-parent households were living in caregiver for the children in the household. In 2010, 667 no�e�ty female-headed single-parent households with children under 18 years of age lived in Cupertino, representing 3.3 percent of all households in the City. A significant proportion of these households were living in poverty (21 percent). Persons with Disabilities A disability is a physical or mental impairment that limits one or more major life activities. Persons with disabilities generally have lower incomes and often face barriers to finding employment or adequate housing due to physical or structural obstacles. This segment of the population often needs affordable housing that is located near public transportation, services, and shopping. Persons with disabilities may require units equipped with wheelchair accessibility or other special features that accommodate physical or sensory limitations. Depending on the severity of the disability, people may live independently with some assistance in their own homes, or may require assisted living and supportive services in special care facilities. Approximately six percent of Cupertino residents and eight percent of Santa Clara County residents had one or more disabilities in 2010. Housing Commission Attachment B 3-13 2040 GENERAL PLAN City of Cupertino �" �"q ,��.: Residents Living Below the Poverty Level � . � o , , „M ��:� _ �� ,M ,., .._ s� : .r .�~� : •+�'^ . � Families with incomes below the poverty level, specifically ,, . , _� 1�� ', � _ �` those with extremely low and very low incomes, are at � ti� �. ��s. �, �� the greatest risk of becoming homeless and often require ��R �� t assistance in meeting their rent and mortgage obligations � .S� in order to prevent homelessness. Census data suggest �'` , -0 that four percent of all Cupertino residents were living . below the poverty level in 2010. Specifically, about three '`' percent of family households and two percent of families for thousands ot homeless people and families seeking assistance with children were living below the poverty level. These households may require specific housing solutions such as deeper income targeting for subsidies, housing with supportive services, single-room occupancy units, or rent subsidies and vouchers. Homeless Demand for emergency and transitional shelter in Cupertino is difficult to determine given the episodic nature of homelessness. Generally, episodes of homelessness among families or individuals can occur as a single event or periodically. The county-wide 2013 Santa Clara County Homeless Census & Survey reported a point-in-time count of 7,631 homeless people on the streets and in emergency shelters, transitional housing, and domestic violence shelters throughout the County. This estimate includes 112 homeless individuals in Cupertino. The count, however, should be considered conservative because many unsheltered homeless individuals may not be visible at street locations, even with the most thorough methodology. 3-14 Housing Commission Attachment B SECTION 3 Housing REGIONAL HOUSING NEEDS ALLOCATION ` �� ,,� i r ;, Pursuant to California Government Code Section 65584, f.,� ..,.r ' the State, regional councils of government (in this case, ABAG), and local governments must collectively determine � �`, each locality's share of regional housing need (RHNA). In '� �'- _ ,,� p _� �' � � conjunction with the State mandated housing element �'', � �: �� •-'t ,� � '� , � `"� _� update cycle that requires Bay Area jurisdictions to update � 1'�� ` y�� _ � their elements by January 31, 2015, ABAG has determined ��- � � �r �* � housing unit production needs for each jurisdiction within specit�c housiny solutions due to a greatcr� the Bay Area. These allocations set housing production r;,;< ror �ssue�s�,�� as ho�r��!essn�s5 goals for the planning period that runs from January 1, 2014 through October 31, 2022 (Table 3.4). i : I � A • , ;. , „ . ,.., ... . .. .... ... ..... .. . . .�. .. .. . .. .. .�.. ' ��:,. . .� Extremely LowNery Low (0-50%of AMI) 356 33.5% Low (51-80% of AMI) 207 19.5% Moderate (81-120% of AMI) 231 21.7% Above Moderate (over 120%AMI) 270 25.4% Total Units 1,064 100.0% Source:ABAG Regional Housing Needs Assessment, 2014. Housing Commission Attachment B 3-15 2040 GENERAL PLAN City of Cupertino ,,: Progress toward the Regional Housing Needs �� Allocation ��,�� .�. � �� :, ��,:.., � � The City of Cupertino may count housing units constructed, �� ,�, �+ ��'W`�``"`�� approved, or proposed since January 1, 2014 toward ��r `� h: satisfying its RHNA goals for this planning period. Between = �� "Y �7 � �� " January 1 and May 31, 2014, building permits for 14 � �� .3�l�i,, �� -�:`��.�' � , single-family housing units and three second units were �� w � ' '"�` ' approved in Cupertino. In addition, six single-family homes _ �;,,. , ; - Go�er��,-,e�r5 and seven apartments received Planning approvals. Also (ABAG)helps determine e��h a�eas share ot t��e req�ona� ho��s�n� t�eo;7 included in the RHNA credits are 32 second units projected to be developed within the planning period. This projection is based on historical approvals of second units during the past Housing Element planning period. With these credits, the City has a remaining RHNA of 1,002 units: 356 extremely low/very low-income units, 207 low-income units, 196 moderate-income units, and 243 above moderate- income units. HOU5��7 ��3(��5 Overview of Available Sites for Housing The purpose of the adequate sites analysis is to demonstrate that a sufficient supply of land exists in the City to accommodate the fair share of the region's housing needs during the RHNA projections period (January 1, 2014 — October 31, 2022). The Government Code requires that the Housing Element include an "inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment" (Section 65583[a] [3]). It further requires that the element analyze zoning and infrastructure on these sites to ensure housing development is feasible during the planning period. 3-16 Housing Commission Attachment B SECTION 3 Housing Cupertino faces regional growth demands while ' '� ' '�" �'`y'�� ' "�- r d,~rn.�, ,r ��. 1 �£.�� .+�`«;,,,,,(rr'�w, ,�,s, ��+,� undergoing a transformation from a traditional suburban � �"'��, iy `� '�t ' f. , ,'� --� �., residential community to one that increasingly reflects more ' ��" �� i' ��.:��,�Y �,� F'�= .�t � �- ` $ � � i -,� ��. , `' �". � w s��"'�� urban characteristics: ublic atherin s aces, increased '' '�� P g 9 P ��' � ;::�,k '' �"-•.� z.� f r shopping and entertainment choices conveniently located ��, near housing, and jobs within an urban core. Cupertino �� ° --'��*��- ' _ �E"�'�''��`��= r �: historically has more jobs than housing. When this '` . � -- '�� •`� imbalance is multiplied across adjacent cities, regional �� ,.„.;_--�, -�� ,,.} _ .,..• '''',�;,._,.= k -�,,: ,..s _. consequences include high housing costs, sprawl into ` � outlying areas, congestion of the transportation system, � ��r � , „,;�; and increased air pollution. The General Plan's development allocation policies are intended to improve the jobs/housing balance by increasing potential housing units and tempering non- residential growth. The 2005 General Plan controlled the amount of commercial, office, hotel, and residential that could be built through development allocations in terms of square feet (commercial and office), rooms (hotel), and units (residential). [Additional text and graphics will be added here subsequent to City Council decision on General Plan Alternatives and Housing Element sites to meet the RHNA this fall.] =--��11��i��7.A ��=��`�� This section presents the quantified objectives for new housing unit construction, conservation, and rehabilitation during the 2014-2022 planning period, as well as the policies and strategies to meet these objectives and address local housing needs. Policies and strategies are grouped into the following goals: ■ Goal A: An Adequate Supply of Residential Units for all Economic Segments ■ Goal B: Housing that is Affordable for a Diversity of Cupertino Households Housing Commission Attachment B 3-17 2040 GENERAL PLAN City of Cupertino ■ Goal C: Enhanced Residential Neighborhoods ■ Goal D: Energy and Water Conservation ■ Goal E: Services for Extremely Low-Income Households and Special Needs Neighborhoods ■ Goa) F: Equal Access to Housing Opportunities ■ Goal G: Coordination with Regional Organizations and Local School Districts This section also identifies the responsible party and timeline for each implementation strategy. Quantified Objectives Table 3.5 outlines the proposed housing production, rehabilitation, and conservation objectives for the eight- year Housing Element planning period. � : • � � ! � �; , ,, , n A- pi i`tG � Extremely Low 178 10 8 Very Low 178 10 Low 207 20 Moderate 231 Above Moderate 270 Total 1,064 40 8 Source:City of Cupertino,2014 3-18 Housing Commission Attachment B SECTION 3 Housing � � . . . � � . . . � . � � • ' ' • • Policy HE-1: Provision of Adequate Capacity for New Construction Need Designate sufficient land at appropriate densities to accommodate Cupertino's Regional Housing Needs Allocation of 1,064 units for the 2014-2022 planning period. Policy HE-2: Housing Densities Provide a full range of densities for ownership and rental housing. Policy HE-3: Mixed Use Development Encourage mixed-use development near transportation facilities and employment centers. Implementing Strategies HE-Strategy 1: Land Use Policy and Zoning Provisions. To accommodate the Regional Housing Needs Allocation (RHNA), the City will continue to: ■ Provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the RHNA of 1,064 units while maintaining a balanced land use plan that offers opportunities for employment growth, commercial/retail activities, services, and amenities. ■ Monitor development standards to ensure they are adequate and appropriate to facilitate a range of housing in the community Housing Commission Attachment B 3-19 2040 GENERAL PLAN City of Cupertino ■ Monitor the sites inventory and make it available on the City website. Monitor development activity on the Housing Opportunity Sites to ensure that the City maintains sufficient land to accommodate the RHNA during the planning period. In the event a housing site listed in the Housing Element sites inventory is redeveloped with a non-residential use or at a lower density than shown in the Housing Element sites inventory, ensure that the City has adequate capacity to meet the RHNA by making the findings required by Government Code Section 65863 and identifying alternative site(s) within the City if needed. Cupertino Department of Responsible Agencies: Community Development/ Planning Division Time Frame: Ongoing Funding Sources: None required 1,064 units (178 extremely low-, 178 very low-, 207 low-, Quantified Objectives: 231 moderate- and 270 above � moderate-income units) HE-Strategy 2: Second Dwelling Units. The City willcon- tinue to implement the Second Dwelling Unit Ordinance and encourage the production of second units Cupertino Department of Responsible Agencies: Community Development/ Planning Division Time Frame: Ongoing Funding Sources: None required Four second units annually for a Quantified Objectives: total of 32 units over eight years 3-20 Housing Commission Attachment B SECTION 3 Housing HE-Strategy 3: Lot Consolidation. To facilitate residential � I I� - '�� .- and mixed use developments, the City will continue to: , _ �.,�_._ �-,� , �� s: � �.� � °"I"a- , �; � .� '�•.�;. �s�� _Y F � ■ Encourage lot consolidation when contiguous smaller, � - ��; �;�,a.:� =��! underutilized parcels are to be redeveloped r� '� �' � �; � ` t�,,�'o� .,� �o;�Oe ■ Encourage master plans for such sites with coordinated � ��- ' ��^ ``;' ' � N � '�I L �;.. access and circulation � � , +a� ,- r`'-• ! ��: ;,�., . � �-.�-•. ■ Provide technical assistance to property owners of adjacent parcels to facilitate coordinated redevelopment � �'' ", ,, ``°��' '''��,��,�,_ ��,�; _. _ _ . �f m�xe7 use ce��ters where appropriate ■ Encourage intra- and inter-agency cooperation in working with applicants at no cost prior to application submittal for assistance with preliminary plan review. Cupertino Department of Responsible Agencies: Community Development/ Planning Division Time Frame: Ongoing Funding Sources: None required Quantified Objectives: N/A HE-Strategy 4: Flexible Development Standards. The City recognizes the need to encourage a range of housing options in the community. The City will continue to: ■ Offer flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratios and setbacks, particularly for higher density and attached housing developments ■ Consider granting reductions in off-street parking on a case-by-case basis for senior housing. Housing Commission Attachment B 3-21 2040 GENERAL PLAN City of Cupertino y °° � `` Cupertino Department of Responsible Agencies: Community Development/ zi r..• ��iw�ii � ��t'� ,;,*'r� ,. Planning Division 7_-� �'�� s .� �.��; i�f�� '� � .�'`..,,,�;,;�.� '�f`,';�^� Time Frame: Ongoing �=,-"'�' !! "��'�,� '�;�� . � ��...� 3,�- -- �� ` z.... . .,_ � '. ;�' ' -� '�0.=�•- =Y:�... � � ��k�� i Funding Sources: None required � �� .��a -:,y .;R�� k."� �., � �;y �� `� Quantified Objectives: N/A � � _ _ , � i��=�4. � ; �� .� _ �t� �=�i:�:•: --...:�--�.�= _ � ,,, HE-Strategy 5: To reduce constraints to housing appropriate densities to accommodate th�� development, and in order to ensure that the designated R�g:ona' Hous�nq Neecfs A'!ocat on 'RNNA! � sites can obtain the realistic capacity shown in the Housing Element, the City will review revisions to the Heart of the City Specific Plan residential density calculation requirement, to eliminate the requirement to net the non-residential portion of the development from the lot area. Cupertino Department of Responsible Agencies: Community Development/ Planning Division Time Frame: 2016 Funding Sources: None required Quantified Objectives: N/A • � : • � � ' � � : • ' . � � ' ' • • • � Policy HE-4: Housing Mitigation Ensure that all new developments—including market-rate residential developments—help mitigate project-related impact on affordable housing needs. 3-22 Housing Commission Attachment B SECTION 3 Housing Policy HE-5: Range of Housing Types Encourage the development of diverse housing stock that provides a range of housing types (including smaller, r ., � moderate cost housing) and affordability levels. Emphasize , �'� .;�w., - 'r ��'""�" . the provision of housing for lower- and moderate-income �� "-"'` � � � • _�,�.�` ,�. � . households including wage earners who provide essential � " � � � �"""� public services (e.g., school district employees, municipal � �' ,�;_� �+�� and public safety employees, etc.) �,- � �� -~ -�-� i_ �-� ;:;�.. '"^� <a ��,��ye oi nousr,�;.; . _ Policy HE-6: Development of Affordable Housing " �OU�aged r� the community and Housing for Persons with Specia) Needs Maintain and/or adopt appropriate land use regulations and other development tools to encourage the development of affordable housing. Make every reasonable effort to disperse units throughout the community but not at the expense of undermining the fundamental goal of providing affordable units. Implementing Strategies HE-Strategy 6: Office and Industrial Housing Mitigation Program. The City will continue to implement the Office and Industrial Housing Mitigation Strategy. This strategy requires that developers of office, commercial, and industrial space pay a mitigation fee, which will then be used to support affordable housing in the City of Cupertino. These mitigation fees are collected and deposited in the City's Below Market-Rate Affordable Housing Fund (BMR AHF). Cupertino Department of Responsible Agencies: Community Development/ Planning Division Time Frame: Ongoing Funding Sources: BMR AHF Quantified Objectives: N/A Housing Commission Attachment B 3-23 2040 GENERAL PLAN City of Cupertino HE-Strategy 7: Residential Housing Mitigation Program. The City will continue to implement the Residential "'" ag Housing Mitigation Program to mitigate the need for � � Y � � � �'"� � ;;�_�.��>,� �' � � affordable housing created by new market-rate residential �,� � #~ �j • development. This program applies to all new residential < � . . , ,�. � : ` development of one unit or greater. Mitigation includes �� ,�,. , � �� '� �� either the payment of the "Housing Mitigation" fee or , . -- _ the provision of a Below Market-Rate (BMR) unit or units. Projects of seven or more for-sale units must provide on-site encourag�d for de�eio;��7,e�,r BMR units. Projects of six units or fewer for-sale units can either build one BMR unit or pay the Housing Mitigation fee. Developers of market-rate rental units, where the units cannot be sold individually, must pay the Housing Mitigation fee to the BMR AHF. The BMR program specifies the following: a. Priority. To the extent permitted by law, priority for occupancy is given to Cupertino residents, Cupertino full- time employees and Cupertino public service employees as defined in Cupertino's BMR Policy and Procedures Manual. b. For-Sale Residential Developments. Require 15% for-sale BMR units in all residential developments where the units can be sold individually (including single-family homes, common interest developments, and condominium conversions or allow rental BMR units as allowed in (c)(2) below). c. Rental Residential Developments: To the extent permitted by law, require 15% rental very low and low- income BMR units in all rental residential developments. If the City is not permitted by law to require BMR units in rental residential developments: d. Rental Alternative. Allow rental BMR units in for-sale residential developments, and allow developers of market-rate rental developments to provide on-site rental 3-24 Housing Commission Attachment B SECTION 3 Housing BMR units, if the developer: 1) enters into an agreement .rrl�-�4u.. limiting rents in exchange for a financial contribution or a �-- — •.. :, type of assistance specified in density bonus law (which includes a variety of regulatory reliefl; and 2) provides ��'��'° very low-income and low-income BMR rental units. �� a - e. AfFordable Prices and Rents. Establish guidelines for �� ; �� ■0� �� =�s � ��' a f f o r d a b l e s a l e s r i c e s a n d a f f o r d a b l e r e n t s f o r n e w ,,� �� N =- • � affordable housi g and update the guidelines each year � 1�►� � as new income guidelines are received; " J��'� c�' n�'i��75 i5 c3 tiJi-iU tv i01� (.Lil��'I-il�l�� f. Development of BMR Units Off Site. Allow developers to meet all or a portion of their BMR or Housing Mitigation fee requirement by making land available for the City or a nonprofit housing developer to construct affordable housing, or allow developers to construct the required BMR units off site, in partnership with a nonprofit. The criteria for land donation or off-site BMR units (or combination of the two options) will be identified in the Residential Housing Mitigation Manual. g. BMR Term. Require BMR units to remain affordable for a minimum of 99 years; and enforce the City's first right of refusal for BMR units and other means to ensure that BMR units remain affordable. Cupertino Department of Community Development/ Responsible Agencies: Planning Division and Housing Division Time Frame: Ongoing Funding Sources: BMR AHF Quantified Objectives: 20 BMR units over eight years HE-Strategy 8: Below Market-Rate (BMR) AfFordable Housing Fund (AHF). The City's BMR AHF will continue to support affordable housing projects, strategies and Housing Commission Attachment B 3-25 2040 GENERAL PLAN City of Cupertino ;�'� �� , J;�:�,� ti::� �,k �"f`° services, including but not limited to: . �+ � Y � ^�� } � }��,.k��` .�� ','t ��-+ t ,� ■ !;� � ��,,� ��. � �.�� ,...,,��,��,. BMR Program Administration � � � . i� �.� r '. ~�+. y �.--,�„•. �" �, " r� �, ��= . ■ Substantial rehabilitation `�t` � �1 �r �$ y.��}�� [ .,� 4k-��R r a�A . _ 7�4`n'^��C h _ 1�=.-. � �� `�,�'f ■ Land acquisition `"�:F� �y �,,,. � � = ��``��'�"' � ■ Acquisition of buildings for permanent affordability, with ��-�.- , �� .. , � . � ' ,��.�. :,�„�4�a'� or without rehabilitation �.. ,� , .. �,� � _ _ ,�„ �,�� ■ New construction ■ Preserving "at-risk" BMR units ■ Rental operating subsidies ■ Down payment assistance ■ Land write-downs ■ Direct gap financing ■ Fair housing The City will target a portion of the BMR AHF to benefit extremely low-income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled, including persons with developmental disabilities), to the extent that these target populations are found to be consistent with the needs identified in the nexus study the City prepares to identify the connection, or "nexus" between new developments and the need for affordable housing. To ensure the mitigation fees continue to be adequate to mitigate the impacts of new development on affordable housing needs, the City will update its Nexus Study for the Housing Mitigation Plan by the end of 2016. 3-26 Housing Commission Attachment B SECTION 3 Housing Cupertino Department of 1 �� ....f . ��. . Community Development/ I �� .,. Responsible Agencies: � Planning Division and Housing � � � -� ;r , Division `� :4, e�� . Ongoing; update Nexus Study by '�� nR; � ,�,�;"-"; Time Frame: the end of 2016 � � �� ( �` i�� B Funding Sources: BMR AHF '�°� �'�r',�� _ �, �, . Quantified Objectives: N/A µ _ ,-.:.:'!�- _ Housing Fund will continue to support HE-Strategy 9: Housing Resources. Cupertino residents a�Fordable housing projects, programs, and and developers interested in providing affordable =`""'°''�eS housing in the City have access to a variety of resources administered by other agencies. The City will continue to provide information on housing resources and services offered by the County and other outside agencies. These include, but are not limited to: ■ Mortgage Credit Certificate (MCC) — Santa Clara County Housing and Community Development Department ■ First-Time Homebuyer Assistance and Developer Loans for Multi-Family Development - Housing Trust Silicon Valley (HTS� ■ Housing Choice Vouchers (Section 8) - Housing Authority of Santa Clara County (HASCC) ■ Affordable housing development - Santa Clara County HOME Consortium The City will also continue to explore and pursue various affordable housing resources available at the local, regional, state, and federal levels that could be used to address housing needs in the community. Housing Commission Attachment B 3-27 2040 GENERAL PLAN City of Cupertino � Cupertino Department of �'"�w�'"`" ''�-°" `�" "�°'"""' Responsible Agencies: Community Development/ � �. , =�� Housing Division .��r�„�� _ �� - .. � : �;r;`,,.'m�� ,� ��,�„, Time Frame: Ongoing � '�� ,� ,1 � Funding Sources: None required �� ; 4� . � " . �, p�� » Quantified Objectives: N/A � , ' ,.� �„ r � � ''s*�� HE-Strategy 10: Surplus Properties for Housing. The City Ho��s��g n��r�gat�o� P�an by tne end of 2o�b will explore opportunities on surplus properties as follows: ■ Work with local public agencies, school districts and churches, to identify surplus properties or underutilized properties that have the potential for residential development. ■ Encourage long-term land leases of properties from churches, school districts, and corporations for construction of affordable units. ■ Evaluate the feasibility of developing special housing for teachers or other employee groups on the surplus properties. ■ Research other jurisdictions' housing programs for teachers for their potential applicability in Cupertino. Responsible Agencies: Cupertino Department of Community Development/ Planning Division Time Frame: Ongoing; evaluate housing pro- grams for teachers in 2015 Funding Sources: BMR AHF Quantified Objectives: N/A HE-Strategy 11: Incentives for Affordable Housing Development. The City will continue to offer a range 3-28 Housing Commission Attachment B SECTION 3 Housing of incentives to facilitate the development of affordable �,,, housing. These include: �� i�� ;� ,�. ■ Financial assistance through the City's Below Market- �� n ��7 �*.�,��'�i � _ . � ■,,��. Rate Affordable Housing Fund (BMR AHF) and CDBG � v" � • ` ��i�� -.X� �y�,t i�� .R �' funds �`��_ � t��;..��►�w�,..s:. � � Partner with CDBG and/or support the funding �`�i�,:�•��I�� ' -..,_.�. application of qualified affordable housing developers �. for regional, state, and federal affordable housing funds, r�f,� C�ry's ee�o�v N�a,k�� Rdrz R�s��r�r:a, including HOME funds, Low Income Housing Tax Credits h-1itigation Program requires all new residen- (LIHTC), and mortgage revenue bonds r a!developers to either provide below mar- �:�_'' ��TC' ur`�t5 O;� �,�y �� !rr�Y�qd,'in„ f�._� ■ Density bonus incentives (see Strategy11) ■ Flexible development standards ■ Technical assistance ■ Waiver of park dedication fees and construction tax ■ Parking ordinance waivers ■ Expedited permit processing The City is proposing to join the Santa Clara County HOME Consortium so that HOME funds for eligible affordable housing projects and strategies within the City of Cupertino may be eligible to receive HOME funding. Responsible Agencies: Cupertino Department of Community Development/ Planning Division and Housing Division Time Frame: Ongoing incentives; decision to join HOME Consortium in 2014 Funding Sources: BMR AHF; CDBG; HOME; General Fund Quantified Objectives: N/A Housing Commission Attachment B 3-29 2040 GENERAL PLAN City of Cupertino HE-Strategy 12: Density Bonus Ordinance. The City will ��)� update the Density Bonus Ordinance concurrent with the ��'��> Housing Element update to respond to changes in State �i j j�r�'•��j�`/ , law. As of 2014, the Density Bonus Ordinance (Chapter �� , �� '��. �1 �� i .��/y� 20.305 of the Municipal Code) had not been updated to �� ., � ,�� r e f l e c t c h a n g e s i n S t a t e l a w i n c l u d e d i n S B 1 8 1 8 a n d o t h e r " r � .� ' �� density bonus bills. Cities and counties are now required �i / � � , I'' "� 1 �M � . to grant a density bonus of up to 35 percent for housing 1 � '., ��'► � . Afto�d�;�� ;�,s",�. .� . . ,� „�„r �� _ developments which include one of the following: r,'�,,,:? t;) b�� ;nrt•�i;b:;7F't7 C�y thC �`'!t�' ■ At least 5 percent of the housing units are restricted to very low income residents ■ At least 10 percent of the housing units are restricted to lower income residents ■ At least 10 percent of the housing units in a for-sale common interest development are restricted to moderate income residents. ■ The project donates at least one acre of land to the city or county large enough for 40 very low income units; the land has the appropriate general plan designation, zoning, permits, approvals, and access to public facilities needed for such housing; funding has been identified; and other requirements are met. A density bonus of up to 20 percent must be granted to projects that contain one of the following: ■ The project is a senior citizen housing development (no affordable units required) ■ The project is a mobile home park age restricted to senior citizens (no affordable units required) For projects that contain on-site affordable housing, developers may request one to three regulatory concessions, which must result in identifiable cost 3-30 Housing Commission Attachment B SECTION 3 Housing reductions and be needed to make the housing affordable. Subsequent to adoption of an updated ordinance, the City _. will continue to encourage the development of affordable HI � housing through the density bonus ordinance and will update the regulations as necessary to respond to future changes in State law. �•� �, , , Cupertino Department of , ,�v :t,r; ;s Community Development/ - - � g�'�'� , Responsible Agencies , , Planning Division and Housing updated to respond to changes in the law Division � Concurrent with 2014-2022 °Time Frame Housing Element update; Ongoing Funding Sources None Required Quantified Objectives N/A HE-Strategy 13: Extremely Low-Income Housing and Housing for Persons with Special Needs. The City will continue to encourage the development of adequate housing to meet the needs of extremely low-income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled, including persons with developmental disabilities). Specifically, the City will consider the following incentives: ■ Provide financing assistance using the Below Market-Rate Affordable Housing Fund (BMR AHF) and Community Development Block Grant funds (CDBG). ■ Allow residential developments to exceed planned density maximums if they provide special needs housing and the increase in density will not overburden neighborhood streets or hurt neighborhood character. ■ Grant reductions in off-street parking on a case-by-case basis. Housing Commission Attachment B 3-31 2040 GENERAL PLAN City of Cupertino �', � T �� `� � ■ Partner with and/or support the funding application of + � � �� ,�,� qualified affordable housing developers for regional, w�". �`_ ��?�� state, and federal affordable housing funds, including � � �.�•-'�,. ,�� .� ,-�. ' ' y` � HOME funds, Low Income Housing Tax Credits (LITHC), `"'�` ' � �� `` '� ' � and mortgage revenue bond. � � � '� ' �Y- �� ~ '�'� � Cupertino Department of � ;�,� Responsible Agencies Community Development/ ``� ' �`�"� Housing Division development of low income housina 'o� Time Freme Ongoing communiU�� _ tne ��der�y Funding Sources BMR AHF; CDBG; HOME Quantified Objectives N/A HE-Strategy 14: Employee Housing. The City permits farmworker housing in the Agricultural (A) and Agricultural Residential (A-1) Districts. Farmworker housing is allowed for workers and their families whose primary employment is incidental and necessary to agricultural operations conducted on the same parcel of land on which the residences are located. Pursuant to the State Employee Housing Act, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use. No conditional use permit, zoning variance, or other zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. The Employee Housing Act also specifies that housing for six or fewer employees be treated as a residential use. The City will amend the Zoning Ordinance to be consistent with the State Employee 3-32 Housing Commission Attachment B SECTION 3 Housing Housing Act. The City will continue to comply with the �, State Employee Housing Act where it would apply. ��4� �A� � ��i �� A�l � �^ Cupertino Department of ,�� :. . ��. t�' r ��, �� y��. s �d r''�Y: h`L Community Development/ ,� i ,?� t�.�,��;� � ; , ;�, �� Responsible Agencies ,�n, :�� ''�� .�. = Planning Division and ' + � � " '�: _ — � :�.: .�. Housing Division �r: ` ' ,�-� . Concurrent with 2014-2022 ;� ` • °..�,- - � .. ,. . ;� t_r �-- - Time Frame Housing Element Update; ,, Ongoing housing in agricultural districts Funding Sources None Required Quantified Objectives N/A • � � : � � ' � • � ' � � : • ' • • � Policy HE-7: Housing Rehabilitation Pursue and/or provide funding for the acquisition/ rehabilitation of housing that is affordable to very low-, low-, and moderate-income households. Actively support and assist non-profit and for-profit developers in producing affordable units. Policy HE-8: Maintenance and Repair Assist lower-income homeowners and rental property owners in maintaining and repairing their housing units. Policy HE-9: Conservation of Housing Stock The City's existing multi-family units provide opportunities for households of varied income levels. Preserve existing multi-family housing stock by preventing the net loss of Housing Commission Attachment B 3-33 2040 GENERAL PLAN City of Cupertino multi-family housing units in new development and the ` existing inventory of affordable housing units that are at risk �� ` �'�� of converting to market-rate housing. ..�.» '�=s� r°.e- 9 �-a. ••,� .� �1�i ��'" ��\+�'�''l�i �-�.- �%'"� ''`��.'� : Im lementin Strate ies �.-_, ,��. a P 9 9 � : ,�::-�.--� � �I �, �c HE-Strategy 15: Residential Rehabilitation. The City will . _ �. ��.;� . continue to: t � �� L ��3t�r : � ��-� ■ Utilize its Below Market-Rate Affordable Housing Fund rehab�i�tat��, or �ery !o�v, �oW, dt�U ��a.�rar�, (BMR AHF) and Community Development Block Grant ��or�� f,ot,s;nq (CDBG) funds to support residential rehabilitation efforts in the community. These include: ■ Acquisition/rehabilitation of rental housing ■ Rehabilitation of owner-occupied housing ■ Provide assistance for home safety repairs and mobility/ accessibility improvements to income-qualified owner- occupants using CDBG funds. The focus of this strategy is on the correction of safety hazards. ■ Partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, including HOME funds, Low Income Housing Tax Credits (LITHC), and mortgage revenue bonds. Cupertino Department of Community Development/ Responsible Agencies Housing Division; West Valley Community Services Time Frame Ongoing Funding Sources BMR AHF; CDBG; HOME Rehabilitate five units per Quantified Objectives year for a total of 40 years ' over eight years . ____.._m.__�___._; 3-34 Housing Commission Attachment B SECTION 3 Housing HE-Strategy 16: Preservation of At-Risk Housing Units. �z��,. One housing project— Beardon Drive (eight units) — is �. considered at risk of converting to market-rate housing dur- ; 4�—� � - ing the next ten years. The City will proactively contact thc ��. �k�i`�,�,,� '`�'�'r �»�, � - property owner regarding its intent to remain or opt of the r , ,:�¢, - � — affordable program. In the event the project becomes at �:� � �� + � , 7'' � IA '� � risk of converting to market-rate housing, the City will work �% • �' ' t: ` �,, �; ,,,•:,i�,��',r� with the property owner or other interested nonprofit hous- , - ��►. . ing providers to preserve the units. � � �µ � �y ,. --- - ;�,pport residential rehabilitation throughout The City will continue to monitor its entire portfolio of �,;K,�,-t;,,� affordable housing for-sale and rental inventory annually. The City will monitor its affordable for-sale inventory by requiring Below Market-Rate (BMR) homeowners to submit proof of occupancy such as utility bills, mortgage loan documentation, homeowner's insurance, and property tax bills. The City will further monitor its affordable for-sale inventory by ordering title company lot books, reviewing property profile reports and updating its public database annually. The City will monitor its affordable rental inventory by verifying proof of occupancy and performing annual rental income certifications for each BMR tenant. The City records a Resale Restriction Agreement against each affordable BMR for-sale unit and a Regulatory Agreement for BMR rental units to help ensure long-term affordability. To help further preserve the City's affordable housing stock, the City may consider providing assistance to rehabilitate and upgrade the affordable units as well. Housing Commission Attachment B 3-35 2040 GENERAL PLAN City of Cupertino x .,4 �,� �� Cupertino Department of , ✓� � �:� : .4�' �' ' Responsible Agencies Community Development/ �� ` ��,� � � �� Housing Division �� -- � � � °�° � , �' s '�� p �� , � , ; � �` Annuall monitor status of y tx � +�.��t,�.�4a � Y�.��'.t � , .a �" �, 1, y °� i .� � � ��..a affordable projects; contact � �� .�� . ' �� '" property owner of at risk �. .�. �•-- �;'� �,:r „ (,R,� � � � Time Frame project at least one year �� „b ' � � - - _, u :, in advance of potential �-�"�� conversion date. tnat is considered �- ��sk f:� -or� ��u ro , � Funding Sources BMR AHF; CDBG; HOME n,� «r-%atc� ,,.;��s�r,�. Quantified Objectives N/A HE-Strategy 17: Condominium Conversion. The existing Condominium Conversion Ordinance regulates the conversion of rental units in multi-family housing development in order to preserve the rental housing stock. Condominium conversions are not allowed if the rental vacancy rate in Cupertino and certain adjacent areas is less than five percent at the time of the application for conversion and has averaged five percent over the past six months. The City will continue to monitor the effectiveness of this ordinance in providing opportunities for homeownership while preserving a balanced housing stock with rental housing. Cupertino Department of Responsible Agencies Community Development/ Planning Division Time Frame Ongoing Funding Sources None required Quantified Objectives N/A 3-36 Housing Commission Attachment B SECTION 3 Housing HE-Strategy 18: Housing Preservation Program. When a ro osed develo ment or redevelo ment of a site would ' n"`� P P P P � � _�.,�:.. _ .,�r,,r�a �.�;?�p s cause a loss of multi-family housing, the City will grant �, __._�,�,;, �,�,,,;,,�� z i approval only if: � � . �,�"�', ,. = t ' er� oii ; ".""""�.,� , t = ' c�+ ■ The project will comply with the City's Below Market-Rate '' _� � �� : � _ ~' ti. �` �a �•..�A� .I Program, y��,+'� ,,� '.i��J 1 �, ■ The number of units provided on the site is at least equal -� �� _.._ , '��-� to the number of existing units, and _ , , ��ordable for-sale and rental housing ■ Adverse impacts on displaced tenants, in developments �,,,,�;�i,y with more than four units, are mitigated. Cupertino Department of Community Development Responsible Agencies /Planning Division and Housing Division ' Time Frame Ongoing Funding Sources None Required Quantified Objectives N/A HE-Strategy 19: Neighborhood and Community Clean- Up Campaigns. The City will continue to encourage and sponsor neighborhood and community clean-up campaigns for both public and private properties. Cupertino Department of Responsible Agencies Community Development Time Frame Ongoing Funding Sources General Funds Quantified Objectives N/A Housing Commission Attachment B 3-37 2040 GENERAL PLAN City of Cupertino � .�.-� . r��' r �"41 ��' ,.�►'.' ;� ��;. �� +. _: °�'�.� � � 4} �� T� • � . �.� j� JA � �' v'� �"� '�*.' '�.Ta ��U�4��4'.��!�� "(�a,a.e p°. yR.��R � � � � � � � � � k'.' ,�yl, ' l�^�r �,�_� ~� 1 jYk�, `� � r �a T �,� ��5,�C :•, W;� �,� C }�'".. ��# .�. t � . � �� ; 1. ��;��a'� �.�{ �� .`�'' � Policy HE-10: Energy and Water Conservation � �, � � �� :� � f��4�, r Zs.. .. ,y}. ►': :,,�,,�, � ��_ Encourage energy and water conservation in all existing �='. f��^'h, �''• �,. ';�' � ,,, ��$r 4R� :'` and new residential develo ment. .a��, .._4�.+�:•*"�'?-` �,��.. - - � f� continue to be sponsored for�botn �ubl�e �mp�ementlflg Stl"at@gl@S ancl private prvperties HE-Strategy 20: Enforcement of Title 24. The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/ Sustainability element. Cupertino Department of Responsible Agencies Community Development Department/Building Division Time Frame Ongoing Funding Sources None Required Quantified Objectives N/A HE-Strategy 21: Sustainable Practices. The City will continue to implement the Landscape Ordinance for water conservation and the Green Building Ordinance (adopted in 2013) that applies primarily to new residential and nonresidential development, additions, renovations, and tenant improvements of ten or more units. To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (existing or 3-38 Housing Commission Attachment B SECTION 3 Housing new) with fewer than ten units to exceed the minimum ,�`' ;� requirements of the California Green Building Code. `� .§rv �� , ,. � , }� ��,�,�.�„ �� Cupertino Department of r � .M� 1' 1 �' �<<�. . �♦ Community Development/ r{, �;.� •� � ": ",� �� Responsible Agencies ' ��..H ,'� �"q! x -�,,� • a Planning Division and � rt , �+r��f, �.� .,, �,:+�--;�J'"� - s�,,�; x:; Building Division � � � � '�',,,,,�...`�� Ongoing; consider further ;�Y_ � ... � ,.`„�,�„ , ,�, � �"� incentives in 2015 to � �e?� „ _._ < ,, _:; " �� _�-, , ��, �:f.� �,��u; � . �.vi�� Time Frame encourage green building continue to be implemented for water practices in smaller conservat�on developments Funding Sources None Required Quantified Objectives N/A • � . � . � . � . � � � ' � � • • � Policy HE-11: Lower-Income and Special Needs Households Support organizations that provide services to lower-income households and special need households in the City, such as the homeless, elderly, disabled and single parent households. Implementing Strategies HE-Strategy 22: Emergency Shelters. The City amended the Zoning Ordinance in 2010 to allow emergency shelters as a matter of right in the "BQ" Quasi-Public zoning district. The City will: ■ Revise the Zoning Ordinance to remove two requirements: (1) that shelters be located in churches, Housing Commission Attachment B 3-39 2040 GENERAL PLAN City of Cupertino and (2) the restricted hours of operation for shelters. -� ■ Revise the Zoning Ordinance to add an additional ,�� ,, 3 , '°`�°�" �'� ''' � � �� requirement that a management plan shall be submitted �� ' a�t�„ ': 4. &q..:.+,�.+ }„. �»� � � �,�'� ��r = � to the City prior to shelter operation. �,�� . �..��. � �.r,:' ��P_ N ....�� ■ Continue to facilitate housing opportunities for special 3�� ;��`��_ � ��e�� needs persons by allowing emergency shelters as a ,�.� - ..� _ ��` permitted use in the BQ zoning district. Hous��g s�rti��es to� a!i ros�de�ts ot ' Subject emergency shelters to the same development C�;perr�no standards as other similar uses within the BQ zoning district, except for those provisions permitted by State law and provided in the Zoning Ordinance for emergency shelters. Cupertino Department of Responsible Agencies Community Development/ Planning Division Amend Zoning Ordinance in Time Frame 2014; Ongoing Funding Sources None Required Quantified Objectives N/A HE-Strategy 23: Supportive Services for Lower-Income Households and Persons with Special Needs. The City will continue to utilize its Below Market-Rate Affordable Housing Fund, Community Development Block Grant (CDBG) funds, and General Fund Human Service Grants (HSG) funds to provide for a range of supportive services for lower-income households and persons with special needs. 3-40 Housing Commission Attachment B SECTION 3 Housing z,�,�p��'.r =--., .� Cupertino Department of � a1 -. . �i Responsible Agencies Community Development/ ; * �Yr�� , '•'�� . ,� � Housing Division ` ��,,;.-- Annually through the Action �� r�� Plan funding application ,.-� � - r � � = ; process allocate CDBG and �';� 1 `�� -,;<: ! Time Frame HSG to organizations that . � ,� �* � i1:.�..:.,y cater to the needs of lower � �; � If1COf712 anC� Sp2Cl8� f12@C,�S �'v i 0 zoning amendm�nt�; - households emergency shelters as a matter ot r;g�� the Quasi-Public zoning district Funding Sources BMR AHF; CDBG; HSG Quantified Objectives N/A HE-Strategy 24: Rotating Homeless Shelter. The City will continue to support the operation of a Rotating Homeless Shelter program. Cupertino Department of Community Development/ Responsible Agencies Housing Division; Faith in Action Time Frame Ongoing Funding Sources CDBG; HSG; BMR AHF Quantified Objectives N/A • � • • � • • � . . � . Policy HE-12: Housing Discrimination The City will work to eliminate on a citywide basis all Housing Commission Attachment B 3-41 2040 GENERAL PLAN City of Cupertino . � � �•�� ' unlawful discrimination in housing with respect to age, race, � , �`�„�-..-�-��'_ `�Y sex, sexual orientation, marital or familial status, ethnic ��,r ��-,,,� � �_ �--� background, medical condition, or other arbitrary factors, so i•; �� that all persons can obtain decent housing. � �.� _. _-- :�,,, y.� _ ` ImPlementing Strategies �- � � �' , � , HE-Strategy 25: Fair Housing Services. The City will '�, , � __ continue to: a�� onr �_. �r�on �r,o*ar�nq ho��eiess She�rFrs ■ Provide fair housing services, which include outreach, education, counseling, and investigation of fair housing complaints. ■ Retain a fair housing service provider to provide direct services for residents, landlords, and other housing professionals. ■ Coordinate with efforts of the Santa Clara County Fair Housing Consortium to affirmatively further fair housing. Distribute fair housing materials produced by various orga- nizations at public counters and public events. Cupertino Department of Community Development/ Housing Division; Santa Responsible Agencies Clara County Fair Housing Consortium; Eden Council for Hope and Opportunity (ECHO) Time Frame Ongoing Funding Sources BMR AHF; CCDBG Quantified Objectives N/A 3-42 Housing Commission Attachment B SECTION 3 Housing � w� '�� aw � �� . � � ��"°��""�� ' '� s" .�` `� ; + : . . �fi • • ' � � • ' • ' "� �.' �' ;a; i I �z 4�� 3�, � - . . � . � • � • • �� ' b -t r�.�� ' , � � .. .~�� .A-' ' ``�� , _ ; ,�'�;�► _� � �� I Policy HE-13: Coordination with Local School Districts ��`�'�'h".��' _ _- :,.:,,,.,.� _ � The Cupertino community places a high value on the excellent quality of education provided by the three "��' �`'"'" ' �''�� ,��°" public school districts which serve residents. To ensure the long-term sustainability of the schools in tandem with the preservation and development of vibrant residential areas, the City will continue to coordinate with the Cupertino Union School District (CUSD), Fremont Union High School District (FUHSD), and Santa Clara Unified School District (SCUSD). Policy HE-14: Coordination with Regional Efforts to Address Housing-Related Issues Coordinate efforts with regional organizations, including ABAG and the Bay Area Air Quality Management District (BAAQMD), as well as neighboring jurisdictions, to address housing and related quality of life issues (such as air quality and transportation). Policy HE-15: Public-Private Partnerships Promote public-private partnerships to address housing needs in the community, especially housing for the workforce. Implementing Strategies HE-Strategy 26: Coordination with Outside Agencies and Organizations. The City recognizes the importance of partnering with outside agencies and organizations in addressing local and regional housing issues. Housing Commission Attachment B 3-43 2040 GENERAL PLAN City of Cupertino '� ��y#� � "" These may include, but are not limited to, the following: .� �;, ��t,�„�- ,^�� ,�,:`'` ��,�E�� °> ��'��"�` ■ School districts �,�� e�7 ��"'�,:�'. �`� , -;` �r� °� , . . ��.. �Sr � ;� rr�: �'-��''�' � �� -,�: ■ Housing providers . *� ' `��/: , , � �# °,"� � �_- ■ Neighboring jurisdictions �1 �-�-"N� � �,;�, , �`- .� tl �`�'� 41 t� ` �` ` � � ■ Association of Bay Area Governments (ABAG) ��J�� . � � ■ Air Quality Management Distnct Luv a„di�on witn �oca sc��oc;> �., ,� s.; :- the continued excellence of Cupertino's ■ Housing Trust Silicon Valley educational system ■ Santa Clara County Fair Housing Consortium ■ Santa Clara County HOME Consortium ■ Santa Clara County Continuum of Care (COC) ■ Housing Authority of Santa Clara County (HASCC) ■ Valley Transportation Authority (VTA) Specifically, the City will meet with these agencies/ organizations periodically to discuss the changing needs, development trends, alternative approaches, and partnering opportunities. Cupertino Department of Community Development Responsible Agencies Planning Division and Housing Division Time Frame Ongoing Funding Sources None Required Quantified Objectives N/A 3-44 Housing Commission Attachment B �,,, �a � Q � .,,s rtrf �.':i� �. .er�.,r�`.te-♦a-�..`. � 4 �� ,� �. �� . . _. _ _ r. : , .. .. Y .Y.. �. ,.�.�. .... .. .�. �:i„�, i `' r'�, . ,r^� -� aa..d3ea d's:sZu..dL..lU�GS��•,GL=ala'd'aa°•L.�'6b.r p�:.tT� f*�..E.4�-.�v.sa,.....f. � - . �._�_ .._. . ..._ �. :fi+a nF�x_ .;�ma 're`y rt - . .�,: r " , �, mr ._.. o..� .:.:'� � . fiarw.�+, �,i..r�.: � .w.,.. . , � � , ,._.. �r . y � � r �..m.�_.�.. .. . ... K'i-.li,' .,. � . .' r r " � , ..... .. �►.. .�ry�,,, r.' ,�, f; . �.__ � � �xa, +" "�""'�"��...�;'��..r �� ., s.: ., . k" �. /' 4 . � _ . " . � .. : �� ' -ji ,w �1 �R� f � �, ,- �f� ,�� "'� � � � ; �.; �� { � �:�.,. . �m. . . • � == _ "� .;z-_. = � � � - '_ �9 �;�. .„.'�-•.,", -�rf,y...�: � , ,� . , r�y �� j � . �� _ � ,�� '! ��ri'�. . � " �� '. �- . . � � � t � 4� . J f -�,, � �� ,� - � �� :. � � �� * '?-C'� W"S ��; . �r��s� . �.r}�'. . , '��+; sre '9r t � � �+.: �,� �. �c ,s4'�o, '`�' "• �j� � t, ' + � r�c ��h;� x � � �. #." .. , . �' $ #�, 'f+n: � . t r` ? �.. �V �j i. �'' , ' " l 4 �f . � r � j �.. �. �,�r i 9 .1f Y�" ; ` �� , � 3 a- � P � �r . f: g�` ' ,-� "[="> � 9 r�.� � ,.J + r��t `��". % t �/,�a d��) f � j�F�� i£�kra -� ''• �,+y �� f r {�� ` i� ks:� ,�w 1��..�.1 �` ':jR`�W,� �,�:s = �� A ; � �.+ `� F ��, �! A 1�, �� r r �� i �'1� y '��i� {f �-r �y �3" ��.� �; � �' � _ ;� i F r� � . j .��f .�� 1"�� 4�is�y�,�o�� s - . ,-. �j ��:� � .�+�� 1 i.t: �{'4,y'�1�� sN�.' t ` � "`` ��}� - �'r{��°'A m ,`� a�---.,. �4.�� +r� �. . .. .+t - � ,� !��/" �.+ .iF,'. ...... .. �:. t ��" ., �,.'�f/ ifv' ,j , �) ,{ 1 i Ka�`� �.�� .J � V' ''� `.'1 _.... � t \'� 1� �� {, f'_ . ...,� ��r E,�.' , -. r .,,7 � . 1 �y� f a � �: �,w � {� �� j ' . _�� S/.+^__��( x ? � '"�l'L 'f¢�wl��[.�l"-`"Ciag�'j . .. S" �-� � z.- ��li:.� �_a !� �' r '; , ��'`� '� � � �"..._ r �� r �` "' ' �"��n�s .,iti!'��,, y i : ��.y.�.�$ ��'` h r�',A„ <s'. r ,z +w '� i � ,r.'*s`-+v er`=^�`"... +'S''Y.,, '...`.�r �.; . .t +k' .'�C�,. �`Ir, �: `�'�`��'� � � � �' ,�P�'�t� ' �, � � o.9 . � �," � ' �� ,.. : � -�;�. , , , Appendix B HOUSING ELEMENT TECHNICAL REPORT Housing Element Technical Report Appendix B INTRODUCTION • Cupertino is a unique community with a high quality of life, . .. . a renowned school system, and a robust high-technology • � • • • • economy. The long-term vitality of Cupertino and the � •� � • • ' �- . local economy depend upon the availability of all types of . � housing to meet the community's diverse housing needs. � . . - . As Cupertino looks towards the future, increasing the range ' ' ' and diversity of housing options will be integral to the � ' " City's success. Consistent with the goal of being a balanced community, this Housing Element continues the City's commitment to ensuring new opportunities for residential development, as well as for preserving and enhancing our existing neighborhoods. 1.1 Role and Content of Housing Element This Housing Element is a comprehensive eight-year plan to address the housing needs in Cupertino. The Housing Element is the City's primary policy document regarding the development, rehabilitation, and preservation of housing for all economic segments of the population. Per State Housing Element law, the document must be periodically updated to: ■ Outline the community's housing production objectives consistent with State and regional growth projections ■ Describe goals, policies and implementation strategies to achieve local housing objectives ■ Examine the local need for housing with a focus on special needs populations ■ Identify adequate sites for the production of housing serving various income levels ■ Analyze potential constraints to new housing production ■ Evaluate the Housing Element for consistency with other General Plan elements Housing Commission Attachment B A-3 2040 GENERAL PLAN City of Cupertino Housing element law continually evolves. This element for the 2014-2022 planning period addresses all laws adopted since the element was last updated in 2010. SB 812 requires that the City assess the housing needs of developmentally disabled persons. SB 244, which does not pertain to the housing element per se but is triggered by a housing element update requires that cities and counties address the infrastructure needs of disadvantaged unincorporated communities within the jurisdiction's designated sphere of influence. According to data from the California Department of Water Resources, Cupertino contains no disadvantaged communities within its sphere of influence. This updated Housing Element focuses on housing needs from January 31, 2015 through January 31, 2023, in accordance with the housing element planning period for San Francisco Bay Area jurisdictions established by State law. Relationship to the General Plan State law requires that a General Plan and its constituent elements "comprise an integrated, internally consistent and compatible statement of policies. "This implies that all elements have equal legal status; no one element is subordinate to any other element. This Housing Element must be consistent with the policies and proposals set forth by the General Plan, including the Land Use and Circulation Elements. Additionally, environmental constraints identified in the Health and Safety Element and the Environmental Resources/Sustainability Element are recognized in the Housing Element. When an element in the General Plan is amended, the Housing Element will be reviewed and modified as necessary to ensure continued consistency among the various elements. The City will ensure that updates to these elements achieve internal consistency with the Housing Element as well. A-4 Housing Commission Attachment B Housing Element Technical Report Appendix B 1.2 Public Participation This Housing Element has been developed with extensive participation from members of the Cupertino community. The public participation process described below engaged a diverse set of community stakeholders in a productive dialogue on housing issues. Participants included community members, property owners, housing developers, service providers, school districts, and the business community. Meeting and workshop announcements and agendas, as well as presentation materials and web cast archives of all stakeholder and community meetings, were posted on the City's website. A postcard advertising meetings (February 19, March 4, March 11, and April 1) was direct mailed to all Cupertino addresses to ensure that all economic segments of the community were invited to participate. Email notification for all meetings was sent to persons requesting information about the General Plan Update (over 300 persons). The paragraphs below summarize the outreach activities and meetings in more detail. Stakeholder Interviews To inform the Cupertino Housing Element update and identify key housing needs, issues, and opportunities, the update team interviewed approximately 25 stakeholders. Most of the stakeholders were interviewed in small groups organized by interest, including community advocates, economic development, service providers, school districts, and property owners/developers. The team conducted six group interviews and one individual interview. To ensure that the concerns of low- and moderate-income and special needs residents were addressed, agencies and organizations that serve the low- and moderate-income and special needs community were invited to participate in the stakeholder interviews. Section 7 includes a list of invited Housing Commission Attachment B A-5 2040 GENERAL PLAN City of Cupertino and interviewed parties as well as a summary of key themes and findings. Joint Planning Commission/Housing Commission Workshop On January 23, 2014 the Planning Commission and Housing Commission hosted a joint workshop to begin discussion on potential housing sites. Eleven participants broke into small groups and identified potential future sites and the criteria for increasing density in certain areas. Housing Commission Workshop On February 12, 2014, the Housing Commission hosted a workshop to continue the sites discussion and prioritize sites for inclusion in the Housing Element. Following a project update presentation, the 15 participants broke into groups to prioritize potential housing sites, with the goal of showing adequate capacity to achieve a housing production goal of 1,064 units, consistent with Cupertino's Regional Housing Needs Allocation (RHNA) for 2014-2022. Planning Commission Open House and Study Session On February 19, 2014, the Planning Commission hosted an open house and study session to provide a public forum to continue the Housing Element sites discussion. A public hearing nwas conducted on the item and the Planning Commission recommended criteria to focus the sites selection. Specifically, the Commission recommended removing sites that were viewed as unviable (successful shopping centers, sites with existing established institutional uses, and small sites with low yield or no property owner interest). The Planning Commission recommended including sites that would further three goals: A-b Housing Commission Attachment B Housing Element Technical Report Appendix B ■ Distribute housing throughout the city ■ Encourage development along the Priority Development Area designated by the One Bay Area plan ■ Minimize impacts to schools City Council Study Session On March 4, 2014 the City Council held a study session to discuss in depth the potential housing sites that would be analyzed in the environmental document to be prepared for the Housing Element update and parallel amendments to the Land Use and Circulation Elements. A public hearing was conducted on the item and community members had the opportunity to comment on the Housing Element and housing sites. Environmenta) Review Scoping Meeting On March 11, 2014, the City held a scoping meeting to discuss the environmental review of the combined General Plan Amendment and Housing Element update. The meeting provided an opportunity for the community to comment on the scope and content of the planned Environmental Impact Report (EIR). Housing Commission Meeting on Housing Policy On March 19, 2014, the Housing Commission held a study session to discuss revisions to housing goals, policies, and strategies associated with the Housing Element update. A public hearing was conducted on the item and five community members attended. Housing Commission Attachment B A-7 2040 GENERAL PLAN City of Cupertino Joint City Council/Planning Commission Meeting on Housing Policy On April 1, 2014, the Planning Commission and City Council held a joint study session to discuss revisions to housing goals, policies, and strategies included in the Housing Plan section of the 2014-2022 Housing Element. A public hearing was conducted on the item and community members had the opportunity to comment on the Housing Element Housing Plan. 1.3 Incorporation of Community Feedback At the February 19, 2014 Planning Commission open house and study session, participants emphasized that future development should reflect the character of the City and neighborhoods in which they are located. They also expressed the need to distribute housing throughout Cupertino and for smaller unit affordable rental housing. In response, the residential sites inventory includes sites outside the City's core as a means to distribute housing production citywide. The Housing Element also includes Policy HE-5: Range of Housing Types, which encourages the development of diverse housing stock that provides a range of housing types (including smaller, moderate cost housing) and affordability levels. A concern about the viability of mixed use was also expressed during the community outreach activities. Participants and decision makers noted that developers are interested in developing the residential portion of a project and do not include substantial commercial uses. To reflect this concern, the site suitability analysis—conducted to identify appropriate sites for inclusion in the Housing Element—used locational criteria to select sites that could best facilitate mixed use development, especially at corner properties where commercial uses are most viable. A-8 Housing Commission Attachment B Housing Element Technical Report Appendix B Participants at the March 19, 2014 Housing Commission Study Session suggested that energy conservation mechanisms can provide cost savings and result in more affordable housing costs. Existing goals and policies support energy conservation for all residential construction. In addition, the City will evaluate the potential to provide incentives for affordable development to exceed the minimum requirements of the California Green Building Code. Community members were particularly involved in the site inventory. The inventory of residential opportunity sites was developed in consultation with the Housing Commission, Planning Commission, City Council, and members of the public. At four meetings, commissioners and council members, as well as members of the public, discussed the inventory. During these discussions, several sites were removed and new sites were added based on input from stakeholders. Decisions to add or remove sites were based on realistic expectations for sites to be redeveloped within the planning period. School impacts were a common theme during the site selection process. Staff explained to participants and decision makers that impact to schools may not be a goal of the site selection exercise since Government Code Section 65995 preempts this issue. This law states that school impact mitigation fees are presumed to fully mitigate any school impacts associated with development. To ensure the long-term sustainability of the schools in tandem with the preservation and development of vibrant residential areas, HE-Strategy 26 in the Housing Plan directs the City to continue to coordinate with the Cupertino Union School District (CUSD), Fremont Union High School District (FUHSD), and Santa Clara Unified School District (SCUSD). Housing Commission Attachment B A-9 2040 GENERAL PLAN City of Cupertino 1.4 Organization of Housing Element Following this introduction, the Housing Element includes the following components: ■ An analysis of the City's current and future housing needs ■ An analysis of governmental and non-governmental constraints to housing production ■ An inventory and analysis of housing resources ■ A housing plan setting forth goals, policies, strategies, and quantified objectives to address the City's housing needs Included in the appendices is a thematic summary of the stakeholder interviews, a review of the prior (2007-2014) Housing Element, and a parcel-specific residential sites inventory. 2� �O�i�a�'�� NE��:°�� ,SSESSME��" The Housing Needs Assessment describes the housing, economic, and demographic conditions in Cupertino; assesses the demand for housing for households at all income levels; and documents the demand for housing to serve special needs populations. The Housing Needs Assessment is intended to assist Cupertino in developing housing goals and formulating policies and strategies that address local housing needs. To facilitate an understanding of how the characteristics of Cupertino are similar to, or different from, other nearby communities, this Housing Needs Assessment presents data for Cupertino alongside comparable data for all of Santa Clara County and, where appropriate, for the San Francisco Bay Area and the state of California. A-10 Ho�sing Commission Attachment B Housing Element Technical Report Appendix B This Needs Assessment incorporates data from numerous sources, including: ■ United States Census Bureau and American Community Surveys (ACS) ■ Association of Bay Area Governments (ABAG) ■ State of California Department of Housing and Community Development (HCD) ■ State of California Departments of Finance, ■ State of California Employment and Development Department, State of California Department of Social Services ■ State of California Department of Public Health ■ United States Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) ■ Housing Authority of the County of Santa Clara ■ Santa Clara County Homeless Census ■ Veronica Tam and Associates (Housing Element Consultant) ■ City of Cupertino Community Development Department (CDD} ■ 211 Santa Clara County ■ Craigslist.org ■ Zillow.com ■ DQNews.com Specific data sources used are identified in each table or figure. Housing Commission Attachment B A-11 2040 GENERAL PLAN City of Cupertino 2.1 Regional Context Cupertino is a suburban city of 10.9 square miles located in Santa Clara County. The City incorporated in 1955 and grew from a small agricultural community into a suburban place during the expansion of Silicon Valley. The cities of Los Altos and Sunnyvale limit any potential of expansion of Cupertino to the north, The cities of Santa Clara and San Jose abut Cupertino to the east, and Saratoga is to the immediate west. Unincorporated areas of Santa Clara County form the southern and western boundaries of the City. Cupertino's built environment is dominated by single-family subdivisions, with distinctive commercial and employment centers separated from the surrounding residential areas. Because of the suburban pattern, the city has a largely automobile-based land use and transportation system. Highway 85 functions as the main north/south traffic route through the city, and Interstate 280 is a major east/west route. 2.2 Population & Household Trends Population As presented in Table 2.1, between 2000 and 2010 the City of Cupertino's population percent change increased by 15.3 percent, which is at a higher rate than Santa Clara County at 5.9 percent, San Francisco Bay area as a whole at 5.4 percent, and the State of California at 10 percent. During this period, Cupertino grew from 50,546 to 58,302 persons, which translates to an increase of 15.3 percent. This growth was much more significant than the growth experienced by the region overall. However, a portion of this population growth can be attributed to the City's annexation of 168 acres of land between 2000 and 2008. Cupertino's annexation of Garden Gate, Monta Vista, and scattered A-1 2 Housing Commission Attachment B Housing Element Technical Report Appendix B County "islands" added 1,600 new residents. After removing the population increases from these annexations, the City of Cupertino experienced a 12-percent increase in its population during the previous decade. By comparison, Santa Clara County's population grew by 5.9 percent, while the nine-county Bay Area's population grew by 5.4 percent. Overall, the state of California's population grew more similarly to Cupertino's, with an overall increase of 10 percent. Households A household is defined as a person or group of persons living in a housing unit, as opposed to persons living in group quarters, such as dormitories, convalescent homes, or prisons. According to the ACS and ABAG, there were 20,181 households in Cupertino in 2010 (see Table 2.1). The City added approximately 2,000 new households between 2000 and 2010, an increase of 11 percent. Approximately 600 of these households, however, resulted from annexations. After adjusting for household increases due to annexation, the number of households in Cupertino grew by only eight percent between 2000 and 2010. During the same time period, the number of households increased by 6.8 percent in Santa Clara County, 5.8 percent in the Bay Area as a whole and 9.3 percent in the State of California. Average Household Size Average household size is a function of the number of people living in households divided by the number of occupied housing units in a given area. In Cupertino, the average household size in 2011 was 2.83, slightly higher than the Bay Area as a whole at 2.69, but slightiy lower than Santa Clara County at 2.89 and the State of California at 2.91 (see Table 2.1). Because population growth has Housing Commission Attachment B A-1 3 2040 GENERAL PLAN City of Cupertino outpaced the increase in households in Cupertino, the average household size has increased since 2000. The contrary is true for the County. Household Type Households are divided into two different types, depending on their composition. Family households are those consisting of two or more related persons living together. Non-family households include persons who live alone or in groups of unrelated individuals. As shown in Table 2.1, Cupertino has a large proportion of family households. In 2011, family households comprised 77.4 percent of all households in the city. Cupertino's family households figure is higher than Santa Clara County's family households figure at 70.8 percent and the Bay Area as a whole at 64.8 percent and the State of California at 68.6 percent. As of 2011 Cupertino's non-family households comprised of 22.6 percent of all households in the city. Cupertino's 22.6 percent is lower than Santa Clara County at 29.2 percent and the Bay Area as a whole at 35.2 percent and State of California at 31.4 percent. Household Tenure Households in Cupertino are more likely to own than rent their homes. According to Table 2.1, 62.6 percent of Cupertino households owned their homes in 2010, a minimal decrease from 2000. Comparing the City of Cupertino with other jurisdictions, as of 2010, 57.6 percent owned their home in Santa Clara County, 56.2 percent in the Bay Area as a whole and 55.9 percent in the State of California. As of 2010, renter households comprised 37.4 percent of all households in Cupertino, 42.4 percent in Santa Clara County, 43.8 percent in the Bay Area as a whole and 44.1 percent in the State of California. A-14 Housing Commission Attachment B Housing Element Technical Report Appendix B ' A ' ! ! • • � � 1 1 / 1 1 � . ' 1 i �� ..;: . .,..., : , ~ ��i�i n1 1 --- ; �...�� L��:._ � , 0 9..,.:,,. a,��. �-.� - �, , � .>.^�- �.�-- � .,�_� ��__.. �r�s�� - � City of Cupertino Population 50,546 58,302 7,756 15.3% Households 18,204 20,181 1,977 10.9% Average Household Size(a) 2.75 2.83 Household Type(a) Families 74.8% 77.4% Non-Families 25.2% 22.6% Tenure Owner 63.6% 62.6% Renter 36.4% 37.4% Santa Clara County Population 1,682,585 1,781,642 99,057 5.9% Households 565,863 604,204 38,341 6.8% Average Household Size(a) 2.92 2.89 Household Type(a) Families 69.9% 70.8% Non-Families 30.1% 29.2% Tenure Owner 59.8% 57.6% Renter 40.2% 42.4% Bay Area(b) Population 6,783,760 7,150,739 366,979 5.4% Households 2,466,019 2,608,023 142,004 5.8% Average Household Size(a) 2.69 2.69 Household Type(a) Families 64.7% 64.8% Non-Families 35.3% 35.2% Tenure Owner 57J% 56.2% Renter 42.3% 43.8% California Population 33,871,648 37,253,956 3,382,308 10.0% Households 11,502,870 12,577,498 1,074,628 9.3% Average Household Size(a) 2.87 2.91 Household Type(a) Families 68.9% 68.6% Non-Families 31.1% 31.4% Tenure Owner 56.9% 55.9% Renter 43.1% 44.1% Notes: (a)Average household size and household type figures from American Community Survey(ACS), 2007-2011. b)Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, SantaClara, Solano,and Sonoma Counties. Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Housing Commission Attachment a A �1 5 2040 GENERAL PLAN City of Cupertino Age Distribution Cupertino's age distribution, shown in Table 2.2, is relatively similar to that of Santa Clara County, with a few notable exceptions. In both Cupertino and Santa Clara County, persons under 20 years old make up over a quarter of the overall population. In the City, the number and proportion of persons in this age group have increased slightly since 2000. However, compared to the County as a whole, Cupertino has a lower proportion of younger adults in the 25 to 34 age range but a higher proportion of older adults (persons 45 to 54 years old). In fact, from 2000 to 2010, the fastest growing segment of the Cupertino community was older adults in the 45 to 54 year old age category, which increased from 15.4 to 17.3 percent of the total population. In contrast, the proportion of other adults (those in the 25 to 44 age cohort) showed the sharpest decline between 2000 and 2010. In addition, Cupertino's elderly population, residents age 65 and above, increased from 11 percent to 13 percent between 2000 and 2010. s s � � � � � �.. ,�., .1�,,;.,. :' . �...;<�� ; ,..a .. . . ..�> � ,_ ...y�g . ... . ....,�. ,. ..,. � '�'� �� + ' � , ��.�� I�� e Under 15 22.4% 22.5% 20.9% 20.2% 15 to 17 4.3% 5.1% 3.9% 3.9% 18 to 20 2.5% 2.8% 3.9% 3.8% 21 to 24 2.7% 2.8% 5.4% 5.1% 25 to 34 12.1% 8.6% 17.8% 15.1% 35 to 44 21.0% 18.2% 17.6% 15.6% 45 to 54 15.4% 17.3% 13.0% 14.8% 55 to 64 8.7% 10.2% 8.0% 10.4% 65 to 74 5.8°/a 6.2% 5.2% 6.0% 75 to 84 3.8% 4.0% 3.3% 3.5% 85 + 1.4% 2.2% 1.1% 1.5% Median Age 37.9 39.9 34.0 36.2 Sources:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. A-1 6 Housing Commission Attachment B Housing Element Technical Report Appendix B Household Income According to American Community Survey (ACS) estimates, the median household income in Cupertino in 2011 was $124,825. This figure is significantly higher than the estimated median household income of $89,064 for Santa Clara County.� Furthermore, 62.3 percent of Cupertino households earned more than $100,000 in 2011, whereas only 45.0 percent of Santa Clara households and 39.0 percent of Bay Area households fall into this income category. On a per capita basis, Cupertino is also wealthier than Santa Clara County. In 2011, the per capita income in Cupertino was $51,965, compared to $40,698 in the County. Table 2.3 summarizes the distribution of household incomes for Cupertino, Santa Clara County, and the Bay Area. The Housing Element law establishes five income categories according to Area Median Income (AMI) for purposes of evaluating housing assistance needs: ■ Extremely Low Income (0-30 percent AMI) ■ Very Low Income (31-50 percent AMI) ■ Low Income (51-80 percent AMI) ■ Moderate Income (81-120 percent AMI) ■ Above Moderate Income (>120 percent AMI) 1 Median household income and per capita income data are calculated fields by the Census Bureau based on raw data from the American Community Surveys.Without access to the raw data,median and per capita income can- not be calculated for customized region not identified as a Census Designated Place. Housing Commission Attachment B A-1 7 2040 GENERAL PLAN City of Cupertino The State and Federal governments classify household income into various groups based upon its relationship to the County AMI and adjusted for household size. In 2010, 79.2 percent of Cupertino households earned moderate or above-moderate incomes, and only 20.8 percent of useholds earned lower incomes (see Table 2.4).2 In comparison, 67.6 percent of County households earned moderate or above-moderate incomes and 32.4 percent earned lower incomes, including 12.6 percent who earned extremely low incomes. 2.3 Employment Trends & Jobs/Housing Balance Local Employment Opportunities Since 2000 there has been a net increase of over 1,200 jobs held by Cupertino residents, for a total of 25,200 employed residents in 2011. As shown in Table 2.5, the number of jobs held by Cupertino residents grew by 5.2 percent between 2000 and 201 1. The City of Cupertino job growth percentage was far greater than the growth experienced by Santa Clara County as a whole at 0.8 percent between 2000 and 2011. Despite this overall growth, most industry sectors experienced a decline in the number of jobs available. Between 2000 and 2011 the largest job losses in employment occurred in the manufacturing and retail trade sectors. These decreases were offset by growth in the professional, scientific, management, administrative, and waste management services industry, which added 1,748 jobs, and the educational, health, and social services industry, which added 1,144jobs. Even with the recent changes to employment sectors during the previous decade, manufacturing remains the largest job sector for residents of both Cupertino and Santa Clara County. As 2 Data were obtained from the Comprehensive Housing Affordability Strategy (CHAS)prepared for HUD by the Census Bureau using 2006-2010 American Community Survey(ACS)data. A- 1 8 Housing Commission Attachment B Housing Element Technical Report Appendix B • • � • � • t , � �. ; . . .� ��. �b ..�.�. � � _ �� - � � „ �a �-,a„ � � .. _ "�� , z� � a ,'i +�' i ��"�j�Tf'' . �� i �� _ ,, ,_ - �- ,- _ _ Less than $24,999 1,844 9.1% 79,057 13.2% 404,254 15.7% $25,000 to $49,999 1,933 9.6% 90,027 15.0% 440,575 17.1% $50,000 to $74,999 1,965 9.7% 84,594 14.1% 403,087 15.6% $75,000 to $99,999 1,874 9.3% 75,974 12.7% 324,123 12.6% $100,000 or more 12,560 62.3% 269,998 45.0% 1,005,441 39.0% Total 20,176 100.0% 599,652 100.0% 2,577,480 100.0% Median Household $124,825 $89,064 (b) Income Per Capita Income $51,965 $40,698 (b) � • • � • • - � � n �;°�«w��;:�r��9.��, i`i�I��_ _ • 'x . _ . . n �_�,� ,.; <��._ �� - Extremely Low (30% 1,485 7.6% 75,395 12.6% or less) Very Low(31 to 50%) 1,320 6.7% 61,830 10.4% Low(51 to 80%) 1,260 6.4% 56,325 9.4% Moderate or Above 15,515 79.2% 403,195 67.6% (over 80%) $100,000 or more 19,580 100.0% 596,745 100.0% Total 20,176 100.0% 599,652 100.0% Source:Department of Housing and Urban Development(HUD), Comprehensive Housing AfFordability Strategy(CHAS), based on American Community Survey(ACS),2006-2010. Housing Commission Attachment B A- 19 2040 GENERAL PLAN City of Cupertino of 2011, manufacturing jobs comprise 28.1 percent of all jobs held by Cupertino residents and 19.6 percent of jobs held by residents of Santa Clara County overall. The manufacturing sector includes the production of computer, electronic, and communication equipment, with such major employers as Apple and Hewlett-Packard. With the 2008-2012 collapse of the financial and credit markets and the worldwide recession, Cupertino and the broader Silicon Valley region lost some of the gains in key sectors that were achieved between 2003 and 2007. The impacts of the economic downturn, although serious, were somewhat localized to particular sectors and industries such as construction, manufacturing, and retail/wholesale trade. Fortunately for Cupertino, high-tech employment did not decline at the same rate as the rest of the economy, and long-term prospects for this sector remain strong. Unemployment According to unemployment data provided by the State of California Employment Development Department, as of February 2014, the City of Cupertino had an unemployment rate of approximately 3.9 percent. The unemployment rate for the City was less than that of the County as a whole (6.1 percent). Since 2008, the unemployment rate has remained stable in both the City and the County, which had unemployment rates of 3.8 percent and 6.0 percent, respectively, at that time. Long-term Projections Table 2.6 presents population, household, and job growth projections for Cupertino, Santa Clara County, and the nine-county Bay Area region between 2010 and 2040. The figures represent the analysis conducted by the Association of Bay Area Governments (ABAG) using 2010 Census data and a variety of local sources. A-20 Housing Commission Attachment B Housing Element Technical Report Appendix B i • 111 t ,;:;-.::, ,, � r ��.t ..;_� .. .�.�.�•r ��,, _� .,,r��., � � �b� �,.,��,�. �. -�.. � ��- � r , ,�.,.. �j.yti.., ' . i � ,�I�� rv�=�, � �� - - � ��., • ith i i.Y�s� �11�� u �x ,,,�'��; "�� .• • •• • »» �� Agriculture forestry,fishing �b 0.3°/a 36 0.1% -52.6°/a 4,364 0.5% 4,425 0.5% 1.4% and hunting, and mining Construction 642 2.7% 420 1.7% -34.6% 42,232 5.0% 47,005 5.5% 11.3% Manufacturing 7,952 33.2% 7,077 28.1% -11.0% 231,784 27.5% 167,034 19.6% -27.9% Wholesale trade 628 2.6% 545 2.2% -13.2% 25,515 3.0% 20,252 2.4% -20.6% Retail trade 2,056 8.6% 1,540 6.1% -25.1% 83,369 9.9% 81,918 9.6% -1.7% Transportation and warehousing, 383 1.6% 425 1.7% 11.0% 23,546 2.8% 23,578 2.8% 0.1% and utilities Information 1,462 6.1% 1,370 5.4% -6.3% 39,098 4.6% 32,627 3.8% -16.6% Finance, insurance, real 1 246 5.2% 1,368 5.4% 9.8% 38,715 4.6% 44,015 5.2% 13.7% estate, and rental ' and leasing Professional, scientific, mana�ement, administrative, 4,667 19.5% 6,415 25.5% 37.5% 131,015 15.5% 152,960 18.0% 16.7% and waste management services Educational, health, and social 3,063 12.8% 4,207 16.7% 37.3% 123,890 14.7% 157,349 18.5% 27.0% services Arts, entertainment, recreation, 832 3.5% 734 2.9% -11.8% 49,186 5.8% 60,638 7.1% 23.3% accommodation, and food services Other services (except public 590 2.5% 715 2.8% 21.2% 29,987 3.6% 36,330 4.3% 21.2% administration) Public 362 1.5% 351 1.4% -3.0% 21,211 2.5% 22,421 2.6% 5.7% administration Total 23,959 100.0% 25,203 100.0% 5.2% 843,912 100.0% 850,552 100.0% 0.8% Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Housing Commission Attachment B A-21 2040 GENERAL PLAN City of Cupertino review of each unit's foundation, roofing, siding and/or stucco, and windows. The survey concluded that over half of the several dozen homes surveyed had shingles missing from the roof, while nearly all had siding or stucco that needed to be patched and repainted. Many of the homes surveyed were characterized by a lack of maintenance, with overgrown yards or garbage and debris on the property. No significant changes in the market conditions have occurred since the survey in 2009-2010 to have impacted the housing conditions in this neighborhood. The City offers rehabilitation assistance to lower and moderate income households to make necessary repairs and improvements. The City also operates a Code Enforcement program that is primarily complaint/response driven. Between 2009 and 2014, Code Enforcement staff investigated over 1,200 code violations. During investigation of complaints, Code Enforcement officers assess the primary complaint as well as other visible code violations. Based on recent statistics on code enforcement activities, typical code violations in the City include dilapidated structures, trash and debris, hazardous vegetation, and exterior storage. Most violations are able to be resolved within a relatively short timeframe. Depending on the type of code violations, Code Enforcement officers would refer homeowners to the City's rehabilitation programs for assistance. Households are not displaced due to code enforcement activities unless there is a critical health and safety issue present. Since 2007, an estimated three residential units have been deemed unsafe due to health and safety issues. A-24 Housing Commission Attachment B Housing Element Technical Report Appendix B � • 1 � w„ .'. c_ , � � ..��. �� , . �.-a� .zw �s:. , . , ��.�. a, �� .s ....::... ,..�� as.�a�'eimo.�. e....�.+.nert�.:�. d,x.:.:,.,,. .� :-m.w:..��ti.�- ..:... . .,c. _ Wu.xW:w°°WuvWY '"ilA%7��""'.+2i�"�(A'�"�'atl'��'Skt Ii` .• ' •- .• - Built 2000 to Later 1,638 7.8% 59,880 9.5% Built 1990to 1999 2,520 12.0% 63,429 10.1% Built 1980 to 1989 2,920 13.9% 79,409 12.6% Built 1970 to 1979 4,374 20.8% 143,847 22.9% Built 1960 to 1969 5,619 26.7% 121,349 19.3% Built 1950 to 1959 3,216 15.3% 100,795 16.0% Built 1940 to 1949 539 2.6% 27,495 4.4% Built 1939 or earlier 232 1.1% 33,244 5.3% Total 21,058 100.0% 629,448 100.0% Median Year Built 1972 1972 Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Distribution of Units by Structure Type As shown in Table 2.9, a majority of housing units in Cupertino are single-family detached homes. As of 2013, 57.3 percent of total units in the City of Cupertino were single-family detached dwelling units a decrease from the 61 percent recorded in 2000. As of 2013, the proportion of single-family homes in the City of Cupertino is still greater than Santa Clara County as a whole (54.1 percent) and the Bay Area as a whole at 53.6 percent. Large multi-family buildings (defined as units in structures containing five or more dwellings) represent the second largest housing category at 21.0 percent of the total number of units in Cupertino as of 2013. As of 2013, multi-family housing (5+ units) represented 25.5 percent of housing units in Santa Clara County and 25.1 percent in the Bay Area as a whole. Housing Commission Attachment B A-25 2040 GENERAL PLAN City of Cupertino � : • • � • • 1 �'�,'" � �`- �"`��"""�-�'� �'+"�'`;''£��a�,�."` ��+c�."a�J rvro+a ee7,.�'�•�"��,�."t��. .'.�.�^g=. .. . � . ;�;� ar�,es• �t...a�, ,��g�, .0 r. ,.��n:T,:..'• . . � . Plumbing Facilities Owners Complete Plumbing Facilities 12,900 63.9% Lacking Complete Plumbing Facilities 61 0.3% Renters Complete Plumbing Facilities 7,215 35.8% Lacking Complete Plumbing Facilities 0 0.0% Total 20,176 100.0% Kitchen Facilities Owners Complete Kitchen Facilities 12,923 64.1% Lacking Complete Kitchen Facilities 38 0.2% Renters Complete Kitchen Facilities 7,132 35.3% Lacking Complete Kitchen Facilities 83 0.4% Total 20,176 100.0% Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Single-family attached homes comprised the third largesthousing category in Cupertino, at 12.2 percent in 2013. By comparison, these homes made up 9.7 percent of the housing stock in all of Santa Clara County and 9.2 percent in the Bay Area as a whole. As of 2013, small multi-family homes (defined as units in structures containing 2 to 4 dwellings) represented 9.5 percent in the City of Cupertino, 7.7 percent in Santa Clara County and 9.9 percent in the Bay Area as a whole. A-26 Housing Commission Attachment B Housing Element Technical Report Appendix B �I t1i 1 � s a .- . . - ��. ,°a � ,�, .�.�,a u ; n. �� . _ w � � . `E�:'.. _. City of Cupertino Single Family Detached 11,425 61.1% 12,056 57.3% 5.5% Single Family Attached 2,028 10.8% 2,561 12.2% 26.3% Multi-family 2-4 units 1,663 8.9% 2,002 9.5% 20.4% Multi-family 5+ units 3,576 19.1% 4,422 21.0% 23.7% Mobile Homes 9 0.0% 0 0.0% -100.0% Total 18,701 100.0% 21,041 100.0% 12.5% Santa Clara County Single Family Detached 323,913 55.9% 346,145 54.1% 6.9% Single FamilyAttached 52,739 9.1% 62,201 9.7% 17.9% Multi-family 2-4 units 46,371 8.0% 48,923 7.7% 5.5% Multi-family 5+ units 136,628 23.6% 163,124 25.5% 19.4% Mobile Homes 19,678 3.4% 19,053 3.0% -3.2% Total 579,329 100.0% 639,446 100.0% 10.4% Bay Area Single Family Detached 1,376,861 53.9% 1,505,153 53.6% 9.3% Single Family Attached 224,824 8.8% 258,633 9.2% 15.0% Multi-family 2-4 units 266,320 10.4% 278,450 9.9% 4.6% Multi-family 5+ units 623,388 24.4% 705,899 25.1% 13.2% Mobile Homes 61,011 2.4% 59,673 2.1% -2.2% Total 2,552,404 100.0% 2,807,808 100.0% 10.0% Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013_ Housing Commission Attachment B A-27 2040 GENERAL PLAN City of Cupertino Overcrowding Overcrowding refers to a household with an average of more than one person per room (including bedrooms and dining rooms but not kitchens or bathrooms). Units with more than 1.5 persons per room are considered to be severely overcrowded. As shown in Table 2.10, as of 2011 the total percentage of overcrowding by tenure represented 5.2 percent for Cupertino households, which is slightly lower compared to 7.2 percent in Santa Clara County. Overcrowding was much more common in Cupertino's renter-occupied households, with 10.7 percent of these households considered to be overcrowded. By comparison, only 2.2 percent of owner-occupied households in the city were overcrowded. In Santa Clara County, 3.4 percent of owner-occupied households experienced overcrowding versus 12.5 percent of renter-households. Overcrowding conditions in Cupertino approximate regional averages, with a slightly higher level of overcrowding among renter- households than in the region. 2.5 Market Conditions & Income Related to Housing Costs This section of the Needs Assessment provides information on market conditions for housing in Cupertino. This information is important because it reveals the extent to which the private housing market is providing for the needs of various economic segments of the local population. Available data on housing market conditions are combined with information on the demographics of the local population to identify those segments of the population that may face difficulties in securing affordable housing in Cupertino. A-28 Housing Commission Attachment B Housing Element Technical Report Appendix B i • �i s �r • ! �1 i , �?� , ; :. � � . .� r��:� � _��.,. { '&� p�`?� � � . rr• A A � ! • • ,p p.: �z,cti .: � " w id� �� .,i "'M ...a .. .. � ��. - �� i� i,. m., ., �, � . ..:� . , . , h.. .,. ... �., .r . - .a� �� F , . ��_... ., ..t, r r ' .4. : '..,. .::,. ":... . .. .�: . �... . ..� . .j .:. % .�: � . . .. . .... .... . . . .. . . . . . '� ,�.: . � ; .. ," ;....'. ". ' '::. ..� , '' . ,..�.:.,�.. .... . � ��: Cupertino 1.51 or more persons per room 39 0.3% 73 1.0% 112 0.6% (Severely Overcrowded) 1.01 to 1.50(Overcrowded) 246 1.9% 700 9.7% 946 4.7% 1.00 or Less 12,676 97.8% 6,442 89.3% 19,118 94.8% Total 12,961 100.0% 7,215 100.0% 20,176 100.0% %Overcrowded by Tenure 2.2% 10.7% 5.2% Santa Clara County 1.51 or more persons per room 2,755 0.8% 11,799 4.8% 14,554 2.4% (Severely Overcrowded) 1.01 to 1.50(Overcrowded) 9,136 2.6% 19,213 7.8% 28,349 4.7% 1.00 or Less 340,006 96.6% 216,743 87.5% 556,749 92.8% Total 351,897 100.0% 247,755 100.0% 599,652 100.0% % Overcrowded by Tenure 3.4% 12.5% 7.2% ABAG Region 1.51 or more persons per room g,620 0.7% 40,161 3.6% 49,781 1.9% (Severely Overcrowded) 1.01 to 1.50(Overcrowded) 32,632 2.2% 63,188 5.7% 95,820 3.7% 1.00 or Less 1,434,779 97.1% 997,100 90.6% 2,431,879 94.4% Total 1,477,031 100.0% 1,100,449 100.0% 2,577,480 100.0% %Overcrowded by Tenure 2.9% 9.4% 5.6% Notes: (a)State HCD defines an overcrowded unit as one occupied by 1.01 persons or more(excluding bathrooms and kitchen). Units with more than 1.5 persons per room are considered severely overcrowded. (b)The 2010 Census does not contain detailed data on household conditions. Overcrowding data in this table are based on the American Community Survey(ACS), which is comprised of a series of small surveys forjurisdictions taken at different intervals based on population size. The 2000 Census overcrowding data were developed based on the 100 percent survey. Therefore, the significant changes between the 2000 Census and ACS may due in part to actual changes in overcrowding conditions,and in part to different survey methodologies. Sources: U.S. Census,American Community Survey(ACS),2007-2011. Housfng Commission Attachment B A-29 2040 GENERAL PLAN City of Cupertino � • 1 1 .. -......: .:-.._ .,. .,y,, . _ :...... .... .... ., .... .: ,,: ':,,. , . , - . . . - . . •- • w 0 i 1 f 0 1 1 � i Campbell $569,000 $625,000 $701,000 9.8% 12.2% 23.2% Cupertino $933,000 $1,045,750 $1,200,000 12.1% 14.8% 28.6% Mountain $678,500 $769,250 $800,000 13.4% 4.0% 17.9% View Santa Clara $500,000 $540,000 $635,000 8.0% 17.6% 27.0% Saratoga $1,377,500 $1,527,500 $1,600,000 10.9% 4.7% 16.2% Sunnyvale $570,000 $645,000 $767,500 13.2% 19.0% 34.6% Santa Clara $472,500 $525,000 $645,000 11.1% 22.9% 36.5% County Source:DQNews.com,2014. Figure A-A Annual Median Home Sale Price, 2013 $1,600,000 $1,400,000 $1,200,000 - - $1,000,000 Santa Clara County:$645,000 $800,000 S1 600 000� � $600,000 51.200.000 F� $400,000 $�01,000 - $$00,000 $767,500 $635,000 $200,000 $0 - Campbell Cupertino Mountain Santa Clara Saratoga Sunnyvale A-32 Housing Commission Attachment B Housing Element Technical Report Appendix B Mountain View. Overall, the number of units sold in the County decreased slightly from 20,940 units in 2012 to 20,700 units in 2013, according to DQNews.com. Vacancy Rates and Trends The 2010 Census data as reported in ABAG's Housing Element Data Profiles indicate an overall vacancy rate of 4.0 percent in the City, which was slightly lower than the Santa Clara County vacancy rate of 4.4 percent (see Table 2.13). Specifically, Cupertino's rental vacancy rate was reported at 4.7 percent, compared to a vacancy rate of less than one percent (0.8 percent) for ownership housing. While the rental vacancy rate increased notably from the 1.8 percent reported by the 2000 Census, the homeowner vacancy rate stayed essentially the same. Despite the increase, the local vacancy rates were still below optimum. Typically, industry standards consider a rental vacancy rate of five to six percent and a vacancy rate for ownership housing of one to two percent to be adequate to facilitate mobility. Housing Affordability According to the federal government, housing is considered "affordable" if it costs no more than 30 percent of a household's gross income. Often, affordable housing is discussed in the context of affordability to households with different income levels. Households are categorized as extremely low income, very low income, low income, median income, moderate income, or above moderate income based on percentages of the AMI established annually by the California Department of Housing and Community Development. Income limits also vary by household size. Table 2.14 provides the maximum income limits for a four-person household in Santa Clara County in 2014. Extremely low-, very low- and low-income households are eligible for federal, state, and local affordable housing programs. Moderate-income households are eligible for Housing Commission Attachment B A-33 2040 GENERAL PLAN Cfty of Cupertino some state and local housing programs. These income categories are also used by ABAG in the Regional Housing Needs Allocation, or RHNA, process. In Cupertino, the BMR Ordinance establishes an additional income range: median income (81 -100 percent of AMI). Another way to think of the household income categories is to consider what types of jobs people in these different categories might have. Figure A-C provides representative households in Santa Clara County, along with hypothetical jobs and family compositions. Ability to Purchase/Rent Homes by Household Income Table 2.15 shows affordability scenarios by income and household size for Santa Clara County. The following analysis compares the maximum affordable housing costs for various households to the rental survey and median Figure A-B Home Sales Volume, 2012 - 2013 1,500 1,000 — i 500 (- — I `. Campbell Cupertino Mountain Santa Clara Saratoga Sunnyvale View 0 2012 555 530 849 1,176 480 1,208 �2013 554 512 759 1,214 448 1,326 A-34 Housing Commission Attachment B Housing Element Technical Report Appendix B ! • i 1 1 � r � �•,M� �.�. : . ,.m:.� .�„�...4.. �a �,�. �;:, ..,. . ,;�; - - •�.�'. a- - •- - - .• - Occupied 20,181 96.0% 604,204 95.6% 12,577,498 91.9% Housing Units Vacant 846 4.0% 27,716 4.4% 1,102,583 8.1% For Rent 373 1.8% 11,519 1.8% 374,610 2.7% For Sale Only 108 0.5% 5,067 0.8% 154,775 1.1% Rented Or Sold, �6 0.4% 2,222 0.4% 54,635 0.4% Not Occupied For Seasonal, o � 302,815 2.2% Recreational, or 125 0.6/0 3,000 0.5/o Occasional Use For Migrant 3 0.0% 50 0.0% 2,100 0.0% Workers Other Vacant (a) 161 0.8% 5,858 0.9% 213,648 1.6% Total 21,027 100.0% 631,920 100.0% 13,680,081 100.0% Homeowner 0.8% 1.4% 2.1% Vacancy Rate Rental Vacancy 4.7% 4.3% 6.3% Rate Notes: (a)If a vacant unit does not fall into any of the classifications specified above, it is classified as "other vacant."For example, this category includes units held for occupancy by a caretaker orjanitor, and units held by the owner for personal reasons. Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Housing Commission Attachment B A-35 2040 GENERAL PLAN City of Cupertino home sales price data for Cupertino shown earlier. The maximum affordable sales price was calculated using household income limits published by the California Department of Housing and Community Development, conventional financing terms, and assuming that households spend 30-35 percent of gross income on mortgage payments, taxes, and insurance. When comparing the home prices and rents shown earlier in Table 2.11 and Table 2.12 with the maximum affordable housing costs presented in Table 2.15, it is evident that extremely low- and very low-income households in Cupertino have no affordable housing options. For example, a four-person very low income household could afford $1,084 a month for rent, but the average rent for a two-bedroom unit was $2,886, more than double what this household could afford. Even for low- and moderate- income households, adequately sized and affordable rental housing options are very limited. A four-person moderate income household could afford $2,928 monthly for rent, barely above the average rent of a two-bedroom unit. Homeownership is generally beyond the reach of most lower- and moderate-income households. • • � • s r Extremely Low Income 0%to 30% $31,850 Very Low Income 31% to 50% $53,050 Low Income 51%to 80% $84,900 Moderate Income 81% to 120% $126,600 Santa Clara Median Income 100% $105,500 Notes: (a)Based on HCD 2014 Household income Limits for households of four persons in Santa Clara County. Source:California Department of Housing and Community Development,2014. A-36 Housing Commission Attachment B Housing Element Technical Report Appendix B Figure A-C Representative Households, Santa Clara County, 2014 Moderate Income Household(80%—120%AMI) • • Estimated Annual Income: � � $84,900-$126,000 �� Dad works as a paralegal,mom works as a home health aide;they have two children. Low Income Household(50%—80%AMI) • • Estimated Annual Income: � � $53,050-$84,900 �� Dad works as a security guard,mom works as a teaching assistant;they have two children. Very Low Income Household(Up to 50%AMI) , , Estimated Annual Income: � � Up to$42,050 �� Mom works as a file clerk and is the only source of financial support in her family; she has one child. Sources:California Employment and Development Department,2014;and California Department of Housing and Community Development,2014. As shown in Table 2.15, a four-person moderate income household could afford a home of approximately $625,800, just about half the price of a median-priced home in Cupertino. To augment this analysis, the household incomes of select occupations were analyzed to evaluate these workers' ability to rent or purchase homes in Cupertino. Figure A-D shows the average annual wages for a range of occupations in Santa Clara County, based on 2013 State Employment Development Department occupational employment and wage data. In general, low-paying occupations in the health care support and food preparation industries do not pay salaries high enough to allow their workers to afford housing in Cupertino. In addition, while those employed in higher-paying occupations may earn more, they may still have difficulty purchasing an adequately sized home. Housing Commission Attachment B A-37 2040 GENERAL PLAN City of Cupertino s � s • s s � �� `�`��'�"" : �� ' � :� , _ , ,. ....s,�.., , .• B .. _ ,... , .. . .= r.. , ..�. ,,�, „ .µ � , , , � ,� _. o. ,. ,.,,. I i ilf�� . - � s - ' - ' � • • . Extremely Low Income (0-30%AMI) 1-Person $22,300 $558 $558 $137 $149 $195 $421 $41,840 2-Person $25,500 $638 $638 $160 $173 $223 $478 $47,330 3-Person $28,650 $716 $716 $182 $198 $251 $534 $52,465 4 Person $31,850 $796 $796 $242 $265 $279 $554 $49,524 5 Person $34,400 $860 $860 $290 $316 $301 $570 $47,649 Very Low Income (31-50%AMI) 1-Person $37,150 $929 $929 $137 $149 $325 $792 $89,158 2-Person $42,450 $1,061 $1,061 $160 $173 $371 $901 $101,340 3-Person $47,750 $1,194 $1,194 $182 $198 $418 $1,012 $113,325 4 Person $53,050 $1,326 $1,326 $242 $265 $464 $1,084 $117,076 5 Person $57,300 $1,433 $1,433 $290 $316 $501 1,143 $120,617 Low Income (51-80%AMI) 1-Person $59,400 $1,108 $1,292 $137 $149 $452 $973 $135,504 2-Person $67,900 $1,266 $1,477 $160 $173 $517 $1,106 $154,329 3-Person $76,400 $1,424 $1,662 $182 $198 $582 $1,242 $172,959 4 Person $84,900 $1,583 $1,846 $242 $265 $646 $1,341 $183,353 5 Person $91,650 $1,709 $1,994 $290 $316 $698 $1,419 $192,177 Median Income (81-100%AMI) 1-Person $73,850 $1,662 $1,939 $137 $149 $678 $1,525 $217,864 2-Person $84,400 $1,899 $2,216 $160 $173 $775 $1,739 $248,456 3-Person $94,950 $2,136 $2,492 $182 $198 $872 $1,954 $278,851 4 Person $105,500 $2,374 $2,769 $242 $265 $969 $2,132 $301,010 5 Person $113,950 $2,564 $2,991 $290 $316 $1,047 $2,274 $319,248 Moderate Income (101-120%AMI) 1-Person $88,600 $2,031 $2,369 $137 $149 $829 $1,894 $272,771 2-Person $101,300 $2,321 $2,708 $160 $173 $948 $2,161 $311,206 3-Person $113,950 $2,611 $3,046 $182 $198 $1,066 $2,429 $349,445 4 Person $126,600 $2,901 $3,385 $242 $265 $1,185 $2,659 $379,449 5 Person $136,750 $3,133 $3,656 $290 $316 $1,279 $2,843 $403,961 Notes: (a)This table is intended for general information purposes only.Any proposed BMR unit initial sales prices shall be determined by the City based on Health and Safety Code requirements and available interest rates/conditions at the time of sale. (b)Assumptions for rental scenarios:2014 HCD income limits;affordable housing costs pursuant to California Health&Safety Code Section 50053(b)(1)(2)(3)(4);utilities based on Housing Authority of Santa Clara 2013 County Utility Allowance(c)Assumptions for ownership scenarios:2014 HCD income limits;affordable housing costs pursuant to California Health&Safety Code Section 50052.5(b)(1)(2)(3)(4);35%of monthly affordable cost for taxes, insurance, monthly mortgage insurance and HOA dues;5% downpayment, 5%interest rate;conventional 30 year fixed rate mortgage loan;utilities based on Housing Authority of Santa Clare 2013 County Utility Allowance.Sources: California Department of Housing and Community Development, 2014;California Health&Safety Code, 2014;Housing Authority of the County of Santa Clara,2013; Veronica Tam and Associates,2014. A-3$ Housing Commission Attachment B Housing Element Technical Report Appendix B Overpayment (Cost Burden) According to Department of Housing and Urban Development (HUD) standards, a household is considered to be "cost-burdened" (i.e. overpaying for housing) if it spends more than 30 percent of gross income on housing- related costs. Households are "severely cost burdened" if they pay more than 50 percent of their income on housing cost. According to special data developed by the ACS for HUD, approximately 30 percent of renters and 37 percent of homeowners in Cupertino were overpaying for housing in 2010. By contrast, overpayment was much more common in Santa Clara County as a whole, with 42 percent of renters and 39 percent of homeowners classified as cost-burdened in 2010. Housing cost burden was particularly pronounced for extremely low- and very low-income households in Cupertino. In 2010, 51 percent of Cupertino's extremely low-income renters and 37 percent of its very low-income renters were severely cost burdened. This finding is consistent with the analysis of the local housing market, which revealed a significant gap between home prices and rents and the income of lower income households. Figure A-D Income Needed to Afford Housing Compared with Income $300,000 Income Needed to Buy a Home ($299,555) $250,000 $200,000 $152.925 $150,000 } �� — g�pg,gg� Income Needed to Rent an Apt. $100,000 i ($135,840) i $59�719 $55,000 $54,296 $50,000 - i $36,000 � $23,795 $o � —---� 0 Managerr�nt Engineering Education FYotective Sales Heatthcare Food Rep Services Support Housing Commission Attachment B A-39 2040 GENERAL PLAN City of Cupertino . • • � � • • � • i A � �i�:. . � . . � � ��"+ � �, • �� a ' � � +�� ,,. a e a � • • • �� . . � a a��f �,�;� .�.� .. .....,� . ... .� .. , �° �m .�r.w . � , �."TI.�,`.�,�„� ��'w :"� . . . . ., "�.�» S�f �.«w�.� � "�r ..x�� Extremely Low 300 310 10 820 370 10 665 1,485 (0-30%) With any housing 61.7% 69.4% 100.0% 64.6% 55.4% 100.0% 61.7% 63.3% problem With cost burden 61.7% 69.4% 100.0% 64.6% 55.4% 100.0% 61.7% 63.3% >30% With cost burden 45.0% 62.9% 100.0% 56.1% 27.0% 100.0% 44.4% 50.8% >50% Very Low (31- �5 300 25 485 555 40 835 1,320 50%) With any housing 100.0% 70.0% 100.0% 81.4% 35.1% 100.0% 44.9% 58.3% problem With cost burden 100.0% 70.0% 40.0% 79.4% 36.0% 100.0% 45.5% 58.0% >30% With cost burden 60.0% 30.0% 40.0% 43.3% 27.9% 100.0% 32.9% 36.7% >50% Low(51-80%) 55 150 55 450 500 30 810 1,260 With any housing 100.0% 76.7% 100.0% 76.7% 31.0% 0.0% 45.7% 56.7% problem With cost burden 100.0% 66.7% 90.9% 72.2% 31.0% 0.0% 42.6% 53.2% >30% With cost burden 100.0% 43.3% 72.7% 46.7% 21.0% 0.0% 30.2% 36.1% >50% Moderate/Above 265 3,515 385 5,170 1,990 1,025 10,345 15,515 Moderate (>80%) With any housing 47.2% 24.9% 66.2% 28.7% 22.9% 40.0% 35.5% 33.3% problem With cost burden 47.2% 12.8% 0.0% 15.6% 21.4% 33.2% 33.7% 27.7% >30% With cost burden 11.3% 0.0% 0.0% 0.6% 7.0% 2.4% 7.5% 5.2% >50% Total Households 695 4,275 475 6,925 3,415 1,105 12,655 19,580 With any housing 63.3% 33.1% 72.6% 39.8% 29.6% 41.6% 38.2% 38.7% problem With cost burden 63.3% 22.8% 14.7% 29.5% 28.8% 35.3% 36.5% 34.0% >30% With cost burden 38.1% 8.2% 12.6% 13.1% 14.6% 6.8% 12.6% 12.8% >50% Notes: (a)Data presented in this table are based on special tabulations from 2006-2010 American Community Survey(ACS)data. Due to the small sample size, the margins for error can be significant. Interpretations of these data should focus on the proportion of households in need of assistance rather than on precise numbers. Source:HUD Comprehensive Housing Affordability Strategy(CHAS), based on the 2006-2010 ACS. A-40 Housing Commission Attachment B Housing Element Technical Report Appendix B 2.6. Assisted Housing at Risk of Conversion State law requires local housing elements to include an inventory of affordable housing developments that could be at risk of conversion to market rates during the 10-year period that follows the adoption of the element. For those Inventory of Existing Affordable Units Table 2.17 presents the inventory of affordable housing units in Cupertino and indicates the earliest dates of termination of affordability restrictions for each project. In 2011, the 10 below market rate (BMR) units in the Chateau Cupertino development expired. However, the City is committed to maintaining the long-term affordability of current BMR units. As such, in 2005 the City increased the minimum affordability term for BMR units in new developments to 99 years. Since 2010, 17 new units at the Markham Apartments have been added to the BMR inventory. Units at Risk of Conversion During Next Ten Years The affordable housing developments at risk of conversion to market rate during the next 10 years include those units whose affordability restrictions are set to expire January 31, 2025 or earlier. As presented in Table 2.17, the affordability restrictions for the eight-unit Beardon Drive project will expire in December 2024. In addition, certain affordability restrictions for Le Beaulieu Apartments are also set to expire during the next 10 years. Cupertino Community Housing originally developed Le Beaulieu in 1984 and utilized HUD project-based Section 8 assistance. Mid-Peninsula Housing Coalition, a nonprofit organization, acquired and rehabilitated the project in 1998. Le Beaulieu contains 27 one- and two-bedroom units for adults with physical disabilities who are able to live independently. All units are handicap accessible and affordable to very low-income households (less than 50 percent of AMI). Housing Commission Attachment B A-41 2040 GENERAL PLAN City of Cupertino • ' ! • ' � • „ . ,,. -:. � �� _; .; ��_ � � � � _ . ..., . , , . ,.:: <; a ra + �aP,i� �� s ,�°_ �,. � ..�= �� ., r ti�; P y �._. �� • • � •• - - � _ �+ Affordable Developments Sunny View West 22449 100 100 0 H U D 202/811 3/31/2031 Cupertino Rd. Stevens Creek Village 40 40 0 CHFA, HUD & b/30/2035 19140 Stevens HOME Creek Blvd. Le Beaulieu Apartments 2035 27 27 0 CaIFHA/CDBG 10092 Bianchi 9/12/2015 Way WVCS Transitional Housing 4 4 0 CDBG 7/14/2026 10311-10321 Greenwood Ct. Beardon Drive 10192-10194 8 8 0 CDBG 12/21/2024 Beardon Dr. Senior Housing Solutions 1 1 0 CDBG b/242066 19935 Price Avenue Maitri Transitional Housing 4 4 0 CDBG 3/16/2064 Undisclosed Location Total 184 184 0 A-42 Housing Commission Atiachment B Housing Element Technical Report Appendix B ! • • Ir • �� r�� li ��,��,..,a� �,y �: _ _�---'; � V� "Y" "*`: �',��': • s . I • • • • A s.s ' - • .� +I�� • •• ' ' �_ . Affordable Developments Biltmore Apartments 2 2 0 BMR 6/30/2029 10159 South Blaney Ave. Park Center Apartments 4 4 0 BMR 7/8/2026 20380 Stevens Creek Blvd. The Hamptons 19500 34 34 0 BMR 10/20/2027 Pruneridge Ave. Arioso Apartments 20 20 0 BMR 1/29/2028 19608 Pruneridge Ave. Forge- Homestead Apartments 15 15 0 BMR 1/16/2027 20691 Forge Way Aviare Apartments 20 20 0 BMR 7/8/2026 20415 Via Paviso The Markham Apartments 20800 17 17 0 BMR 2039 Homestead Road Lake Biltmore 19500 2 2 0 B M R 2029 Pruneridge Ave. Vista Village 101144 Vista 24 24 0 BMR 11/29/2056 Drive Total 138 138 0 Below Market Rate (BMR) For-Sale Units Total (a) 122 0 122 BMR Notes: (a)Property addresses of BMR units are not listed in order to protect the privacy of homeowners. Source:City of Cupertino,2014. Housing Commission Attachment B A-43 2040 GENERAL PLAN City of Cupertino The Le Beaulieu development is not considered to be at risk of converting to market rate because there are other funding sources tied to the property such as the City's CDBG (30-year agreement) and CaIHFA loan agreement. In addition, Mid-Peninsula Housing Coalition is committed to maintaining the property as affordable. Discussions with Mid-Peninsula Housing Coalition staff in early 2014 confirmed the organization is in the process of applying for a 20-year extension of the Section 8 contract. Renewal of Section 8 funding for senior and disabled housing has been prioritized by HUD and Mid-Peninsula Housing fully expects to be able to extend the Section 8 assistance. Furthermore, other affordability covenants on the project would require the project to remain as affordable housing well beyond this Housing Element planning period. One property has been identified with expiring affordability restriction during this planning period —the Beardon Drive development. In 1994, Community Housing Developers Inc., a nonprofit housing provider, received a loan from the City's CDBG program for the acquisition of the Beardon Drive property. The loan agreement restricts the eight units for very low-income use for 30 years. As such, income restriction for this project would expire in 2024. As Beardon Drive is owned by a nonprofit housing provider, it is considered to be at low risk of converting to market-rate housing. Nevertheless, for the purpose of this Housing Element, options and costs to preserve these units are discussed below. Preservation and Replacement Options Typically, transferring the at-risk projects to nonprofit ownership would ensure the long-term affordability of the units. However, the Beardon Drive project is already owned by a nonprofit organization. Beardon Drive does not rely on ongoing rent subsidies (such as Section 8) to maintain affordable rents. A strategy to preserving this project as A-44 Housing Commission Attachment B Housing Element Technical Report Appendix B affordable housing is to ensure the financial status of the project (i.e., net operating income and reserve) is adequate to maintain the affordable rents. The City has included a strategy in the Housing Plan to provide rehabilitation assistance to aifordable housing projects to upkeep the housing quality standards and to reduce ongoing maintenance and operating expenses. The City may also choose to extend the loan repayment schedule in exchange for an extended affordability covenant. Another strategy is to provide ongoing rental subsidies to the project. The estimated total amount needed to subsidize rents for existing tenants is shown in. Given the unit mix of all eight at-risk units, the total cost of subsidizing the rents for these units is estimated at $61,152 annually. For a 10-year affordability covenant, a total subsidy of more than $600,000 would be needed. Construction of Replacement Units In the unlikely event that Community Housing Developers, Inc. chooses to convert Beardon Drive from an affordable housing project to market-rate housing, the construction of new affordable housing units as a means of replacing the currently at-risk units may be an option for Cupertino. The cost of developing housing depends upon a variety of factors including the density and size of the units (i.e. square footage and number of bedrooms), location, land costs, and type of construction. Based on general assumptions for average construction costs, it would cost approximately $940,000 to construct eight affordable replacement units, excluding (and costs and other soft costs (such as architecture and engineering). When considering these additional costs, especially given the high cost of land in Cupertino, the total costs to develop replacement units would be significantly higher. Housing Commissio� Attachment B A-45 2040 GENERAL PLAN City of Cupertino i • s • .. , .. .�'.,a , .�:�.. . .�. .� ....�� t. 8' ��c � ,',i� a..^ �. �d^ r�: • •� � �b• • Very Low Income (50%AMI) 2-Bedroom/3- g $1,649 $47,750 $1,012 $637 $5,096.00 person household Total Annual $61,152 Subsidy Notes: (a)Fair Market Rent(FMR)is determined by HUD. These calculations use the 2014 HUD FMR for Santa Clara County. (b)Rents are restricted to 50%AMI for this development, which puts residents in the Very Low Income Category, set by the California Department of Housing and Community Development(HCD),2014. (c)The affordable housing cost is calculated based on 30%of the AMI, minus utilities for rentals. (d)The monthly subsidy covers the gap between the FMR and the affordable housing cost Source:Ueronica Tam and Associates,2014. ! • • • . �.. �.: . ..�„ �, �. 9' ,.,:, ., ,�� . , . �,M�„,m � . -. . -4 � . -. • .�' • s • s • t ' s • ' 2 Bedroom 8 807 7,747 $941,963 Average Per Unit Cost: $117,745 Notes: C)_ (A)x(8)x 1.20(i.e.20%inflation to account for hallways and other common areas). (D)_(C)x $97.27(per square foot construction costs)x 1.25(i.e.25%inflation to account for parking and land- scaping costs).Source: Ueronica Tam and Associates,2014 Financial Resources Available to the City to Assist in Preservation Clearly, the costs of preserving or replacing affordable housing units are substantial. In light of this challenge, the City must consider what resources are available to help preserve or replace those units so that lower-income tenants are not displaced in the event that affordable units convert to market rate. The City has access to a range of different funds that could potentially assist in a preservation effort, including: A-46 Housing Commission Attachment B Housing Element Technical Report Appendix B ■ City Below Market Rate (BMR) Affordable Housing Fund (AHF) (approximately $6 million unencumbered as of 2014) ■ CDBG Entitlement Funds (approximately $150,000 unencumbered as of 2014) ■ Santa Clara County HOME Consortium Funds Funds (available through a competitive application process after the City joins the Consortium in 2015) ■ Mortgage Revenue Bonds ■ State Grant Programs ■ Federal Grant Programs ■ Low Income Housing Tax Credits ■ HUD Section 8 "Mark to Market" Program Once the City becomes aware of an impending conversion, staff will begin exploring the availability of funding from various sources. In many cases, the City will find it advantageous to collaborate with private affordable housing developers or managers to develop and implement a viable plan to preserve affordable housing units. Private developers can often bring additional expertise and access to funding, such as tax credits. The State Department of Housing and Community Development maintains a list of affordable housing developers and property managers who have expressed an interest in working with local communities to preserve afFordable housing projects. This database lists organizations that are interested in working in any county within the State of California, including well-known affordable housing providers such as Mercy Housing, EAH, MidPen Housing, etc. The database also lists numerous organizations that have expressed interest in working on preservation projects in Santa Clara County in particular, including organizations such as BRIDGE Housing Housing Commission Attachment B A-47 2040 GENERAL PLAN City of Cupertino Corporation and Eden Housing. The organizations listed above are but a few of those listed in the HCD database that the City of Cupertino could consider as potential partners in the event that it becomes necessary to assemble a team to preserve an affordable housing project. 2.7. Special Housing Needs This section of the needs assessment profiles populations with special housing needs, including seniors, large households, single parent households, persons with disabilities (including persons with developmental disabilities), farm workers, persons living in poverty, and homeless persons. Table 2.20 summarizes the special needs groups in Cupertino Seniors Many senior residents face a unique set of housing needs, largely due to physical limitations, fixed incomes, and health care costs. Affordable housing cost, unit sizes and accessibility to transit, family, health care, and other services are important housing concerns for the seniors. As Table 2.21 shows, in 2010, 19.7 percent of Cupertino householders were 65 years old or older, comparable to the proportion of senior households in Santa Clara County (18.5 percent). A large majority of these senior households owned their homes (80.3 percent). In Cupertino, homeownership is much more common among seniors than for any other age group. Just 58.2 percent of householders under 64 years old owned their homes. A-48 Housing Commission Attachment B Housing Element Technical Report Appendix B 1 # • t / 0 , � : ��, �'�a � �� '� Senior-Headed 3,983 785 (19.7%) 3,198 (80.3%) 19.7% Households Households with a 5,069 n/a n/a 25.1% Senior Member Seniors Living Alone 1,612 516 (32.0%) 1,096 (68.0%) 8.0% Large Households 1,883 619 (32.9%) 1,264 (67.1%) 9.3% Single-Parent gg3 n/a n/a 4.4% Households Female Single-Parent 667 n/a n/a 6.9% Households Persons with Disabilities 3,445 n/a n/a 5.9% (a) Agricultural Workers (b) 36 n/a n/a <1% Persons living in Poverty 2,330 n/a n/a 4.0% (b) Homeless (c) 112 n/a n/a <1% Notes: (a)2010 Census data not available for persons with disabilities. Estimate is from the 2008-2012 ACS. Estimate is for persons 5 years of age and older. (b)2010 Census data not available. Estimate is from the 2007-2011 ACS.� (c)2010 Census data not available. Estimate is from 2013 Santa Clara County Homeless Point-In-Time Census and Survey Comprehensive Report. Of the 112 homeless persons counted in Cupertino in 2013, 92 persons were unsheltered and 20 were sheltered. Sources:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013;U.S. Census,American Community Survey(ACS),2008-2012;2013 Santa Clara County Homeless Point-In-Time Census and Survey Comprehensive Report. Comprehensive Housing Affordability Strategy (CHAS) data shown in Table 2.16 indicates that among Cupertino's senior households, renters were more likely to be lower income than homeowners. Nearly 62 percent of senior renter-households earned less than 80 percent of the median family income compared to only 42 percent of senior homeowners. Seniors across the country are often required to dedicate a larger portion of their income to housing costs. Among all of the renter-households in Cupertino, the proportion Housing Commission Attachment a A-49 2040 GENERAL PLAN City of Cupertino of seniors overpaying for housing in 2010 was more than double the proportion for the general population: 63 percent versus 30 percent, respectively (see Table 2.16 on page A-40). For homeowners, however, the proportion of senior owner-households overpaying for housing was much more on par with the general population (29 percent versus 34 percent, respectively). During the community outreach process for developing the Housing Element, the need for senior housing options in Cupertino was highlighted by many residents. . • • . . � � �� _ _, �, � • � �� µµ ,. . .s.. . . ` � � ,, ...- ; .,. .. M �. ... . �� ro. ,� : '„-".�� w�.�a�..... . st��e��q;ti �,r�ctiti � a � - ��c-a�.�s=�x. ,.M. �...1'rs,.�sl'...�.�.. � Under 64 Years Old Owner 9,429 58.2% 265,727 54.0% Renter 6,769 41.8% 226,517 46.0% Total 16,198 100.0% 492,244 100.0% 65 Plus Years Old Owner 3,198 80.3% 82,571 73.8% Renter 785 19.7% 29,389 26.2% Total 3,983 100.0% 111,960 100.0% Total Households 20,181 604,204 Percent Householders 19.7% 18.5% 65 Plus Years Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles,December 2013. Resources Available Cupertino offers a number of resources for seniors. As shown in Table 2.22, there are five residential care facilities for the elderly and three skilled nursing facilities in the city. Residential care facilities for the elderly (RCFEs), also known as "assisted living" or "board and care" facilities, provide assistance with some activities of daily living while still A-50 Housing Commission Attachment B Housing Element Technical Report Appendix B allowing residents to be more independent than in most nursing homes. Skilled nursing facilities—also known as nursing homes—offer a higher level of care, with registered nurses on staff 24 hours a day. In addition to assisted living facilities, there are two subsidized independent senior housing developments in the city. As shown in Table 2.22, there are a total of 100 units of affordable senior housing in Cupertino. Furthermore in 2011, the City utilized CDBG funds to rehabilitate a home that provides accommodation to five low-income seniors. Demand for these subsidized units is high. Staff at Sunny View estimate that over 700 people are on the waiting list, and the turnover rate for available units is about 10 to 15 per year. The Cupertino Senior Center also serves as an excellent resource for seniors. The many different services at the center help seniors to obtain resources in the community that will assist them to continue to remain independent and safe in their own homes. Available programs include various social and recreation activities, special events, travel programs, transportation discounts, drop-in consultation, case management, medical, and social services. Additionally, the Senior Adult Day Care (Cupertino Center) provides frail, dependent, low-income Cupertino seniors with specialized programs of recreation, mental stimulation, exercise, companionship and nutritious meals during the day. This facility is operated by Live Oak Adult Day Care a local non-profit organization. In addition, the City supports a number of programs with CDBG, General Fund Human Service Grants (HSG) and Below Market-Rate (BMR) Affordable Housing Fund (AHF) funds that provide services specifically for seniors in the community. The Long-Term Care Ombudsman Program, operated by Catholic Charities, provides advocacy for Housing Commission Attachment B A-51 2040 GENERAL PLAN City of Cupertino � • • ' � Residential Care Facilities for the Location Ca acit Elderly p Y The Forum at Rancho San Antonio 23500 Cristo Rey Drive 741 Paradise Manor 4 19161 Muriel Lane 6 Pleasant Manor of Cupertino 10718 Nathanson Avenue 6 Purglen of Cupertino 10366 Miller Avenue 12 Sunny View Manor(a) 22445 Cupertino Road 190 Total 955 Skilled Nursing Facilities Health Care Center at Forum at 23600 Via Esplendor 48 Rancho San Antonio Cupertino Healthcare &Wellness 22590 Voss Avenue 170 Center Sunny View Manor 22445 Cupertino Road 48 Total 266 Subsidized independent Senior Rental Housing Sunny View West 22449 Cupertino Road 99 Senior Housing Solutions 19935 Price Avenue 1 Total 100 Adult Day Care Live Oak Adult Day Services 20920 McClellan Road 30 Cupertino Senior Center 21251 Stevens Creek N/A Notes: (a)Sunny View Manor has 115 units for independent and assisted(RCFE)living.All 115 units are licensed as RCFE units,but residents may choose between independent and assisted living options. The distribution of independent and assisted living units varies over time. Sources:California Department of Social Services, Community Care Licensing Division Facility Search Form,2014;California Department of Public Health, Health Facilities Search,2014. Cupertino seniors in long-term care facilities to ensure they have a voice in their own care and treatment. The program receives, investigates and resolves any complaints associated with the care of long-term care facility residents. A (egal assistance program for seniors is provided by Senior Adults Legal Assistance (SALA) which provides free legal services to low- and very low-income seniors at the Cupertino Senior Center. Legal services provided are in the area of consumer complaints, housing, elder abuse, and A-52 Housing Commission Attachment B Housing Element Technical Report Appendix B simple wills. The Live Oak Adult Day Care receives partial financial assistance to help operate the Senior Adult Day Care (Cupertino Center). s • � � � .,�.,p �.. . �� V �� .��a;�� ... �� _$ ��i� ��1� � � Cupertino 1- 4 Persons 11,363 90.0% 6,935 91.8% 18,298 90.7% 5+ Persons 1,264 10.0% 619 8.2% 1,883 9.3% Total 12,627 100.0% 7,554 100.0% 20,181 100.0% Santa Clara County 1-4 Persons 297,385 85.4% 217,578 85.0% 514,963 85.2% 5+ Persons 50,913 14.6% 38,328 15.0% 89,241 14.8% Total 348,298 100.0% 255,906 100.0% 604,204 100.0% Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Large Households Large households are defined as those with five or more members. Large households are identified as a special needs group because of limited opportunities for adequately sized and affordable housing. Cupertino has a smaller proportion of large households than Santa Clara County as a whole. As shown in Table 2.23, 9.3 percent of all households in Cupertino were comprised of five or more persons in 2010. In Santa Clara County, about 14.8 percent of households were considered large. Large households were more likely to be homeowners (1,264 households, 67 percent) than renters (619 households, 33 percent). While Cupertino has a smaller proportion of large households than Santa Clara County, its housing stock is comprised of a larger proportion of homes with three or more bedrooms. As shown in Table 2.24, about 64 percent of the housing units in Cupertino had three or more bedrooms while only 59 percent of Santa Clara County homes had three or more bedrooms. Housing Commission Attachment s A-53 2040 GENERAL PLAN City of Cupertino � • • • � ' • • 1 �� _. . - • . - . - . . � . ic r�a w��?::�,`�,e.�`�m:a.+�,:�,.l�ll L��. � ro;d; '�t��.� � �■�� Cupertino No Bedroom 0 0.0% 208 2.9% 208 1.0% 1 Bedroom 468 3.6% 1,554 21.5% 2,022 10.0% 2 Bedrooms 1,530 11.8% 3,491 48.4% 5,021 24.9% 3 Bedrooms 4,782 36.9% 1,609 22.3% 6,391 31.7% 4 Bedrooms 4,785 36.9% 314 4.4% 5,099 25.3% 5 or More Bedrooms 1,396 10.8% 39 0.5% 1,435 7.1% Total 12,961 100.0% 7,215 100.0% 20,176 100.0% Santa Clara County No Bedroom 1,091 0.3% 16,371 6.6% 17,462 2.9% 1 Bedroom 7,477 2.1% 74,195 29.9% 81,672 13.6% 2 Bedrooms 54,461 15.5% 94,453 38.1% 148,914 24.8% 3 Bedrooms 147,933 42.0% 45,456 18.3% 193,389 32.3% 4 Bedrooms 109,892 31.2% 13,875 5.6% 123,767 20.6% 5 or More Bedrooms 31,043 8.8% 3,405 1.4% 34,448 5.7% Total 351,897 100.0% 247,755 100.0% 599,652 100.0% Source:Association of Bay Area Governments(ABAG), Housing Element Data Profiles, December 2013. Resources Available Large households in Cupertino can benefit from the general housing programs and services offered by the City, such as the BMR Program and housing rehabilitation programs. Other programs include Mortgage Credit Certificates and Housing Choice Vouchers administered by the County, and homebuyer assistance offered by the Housing Trust Silicon Va I I ey. Single-Parent Households Single-parent households often require special consideration and assistance because of their greater A-54 Housing Commission Attachment B Housing Element Technical Report Appendix B need for affordable housing and accessible day-care, health care, and other supportive services. Female-headed single-parent households with children, in particular, tend to have a higher need for affordable housing than other family households in general. In addition, these households are more likely to need childcare since the mother is often the sole source of income and the sole caregiver for the children in the household. In 2010, there were 667 female- headed single-parent households with children under 18 years of age in Cupertino, representing 3.3 percent of all households in the City (Table 2.25). A significant proportion of these households were living in poverty in 2011 (21 percent). The U.S. Census Bureau sets poverty level thresholds each year and they are often used to establish eligibility for federal services. The number of female-headed single-parent households declined slightly from 2000, but these households continue to make up the same proportion of all households in the City. Compared to Santa Clara County, the City's proportion of female-headed single-parent households was lower (five percent versus three percent, respectively). Housing Commission Attachment B A-55 2040 GENERAL PLAN City of Cupertino ! 1 ! 1-Person Household 3,544 17.6% Male Householder 1,472 7.3% Female Householder 2,072 10.3% 2 or More Person Household 16,637 82.4°/a Family Households: 15,776 78.2% Married-Couple Family: 13,802 68.4% With Own Children Under 18 Years 8,392 41.6% Other Family: 1,974 9.8% Male Householder, no Wife Present: 581 2.9% With Own Children Under 18 Years 216 1.1% Female Householder, no Wife Present: 1,393 6.9% With Own Children Under 18 Years 667 3.3% Nonfamily Households: 4,405 21.8% Male Householder 1,472 7.3% Female Householder 2,072 10.3°/o Total Households 20,181 100.0% Source:U.S. Census,2010. Resources Available Single-parent households in Cupertino can benefit from City programs and services that provide assistance to lower income households in general, such as the BMR, CDBG and HSG Programs. Single-parent households can also benefit from supportive and childcare services available to County residents through various organizations, including Catholic Charities of Santa Clara County, Choices for Children, Grail Family Services, InnVision Shelter Network, Second Harvest Food Bank, and West Valley Community Services, among others. 3 3 David Rosen. "Inclusionary Housing and Its Impact on Housing and Land Markets." NHC Affordable Housing Policy Review 1(3).2004. A-56 Housing Commission Attachment B Housing Element Technical Report Appendix B i i 1 Married-Couple Family 237 57.5% With Own Children Under 18 Years 115 27.9% Other Family Male Householder 26 6.3% With Own Children Under 18 Years 7 1.7% Female Householder 149 36.2% With Own Children Under 18 Years 87 21.1% Total Families Below Poverty Line 412 100.0% Source: U.S. Census,American Community Survey(ACS),2007,2011 Persons with Disabilities A disability is a physical or mental impairment that limits one or more major life activities. Persons with a disability generally have lower incomes and often face barriers to finding employment or adequate housing due to physical or structural obstacles. This segment of the population often needs affordable housing that is located near public transportation, services, and shopping. Persons with disabilities may require units equipped with wheelchair accessibility or other special features that accommodate physical or sensory limitations. Depending on the severity of the disability, people may live independently with some assistance in their own homes, or may require assisted living and supportive services in special care facilities. According to the 2008-2012 ACS, about six percent of Cupertino residents and eight percent of Santa Clara County residents had one or more disabilities (Table 2.27). Hearing, ambulatory, and independent living difficulties were the most common disabilities among seniors, while cognitive difficulties were more common among persons Housing Commission Attachment B A-57 2040 GENERAL PLAN City of Cupertino aged 18 to 64 with disabilities. Overall, ambulatory difficulties were the most prevalent (45.2 percent). Table 2.28 shows that among persons with disabilities aged 18 to 64, the majority (55.8 percent) in both the City and County were not in the labor force. About one-third of both City and County residents (aged 18 to 64) with disabilities were employed. Persons with Developmental Disabilities A recent change in State law requires that the Housing Element discuss the housing needs of persons with developmental disabilities. As defined by the Section 4512 of the Welfare and Institutions Code, "developmental disability" means "a disability that originates before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include mental retardation, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature." This definition also reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. A-58 Housing Commission Attachment B Housing Element Technical Report Appendix B i M ! / ��l`. . . . .� ".�", �',. . . �� ., . .. , .�. . . � . . . . .. . . .. '� .t��-� .�.�,��t?��, , _ _.�1,.�,�:� . . Cupertino With a I�earir�g difficulty 17.8% 21.6% 55.3% 40.8% With a vision difficulty 5.3% 16.4% 10.9% 12.7% With a cognitive difficulty 36.2% 40.3% 21.9% 29.5% With an ambulatory difficulty 30.3% 32.1% 55.0% 45.2% With a self-care difficulty 57.9% 19.6% 20.0°/a 21.5°/a With an independent living __ 32.0% 46.0% 38.6% difficulty Total Persons with 152 1,313 1,980 3,445 Disabilities (a) % of Total Population 6% Santa Clara County With a hearing difficulty 11.8% 20.1% 41.4% 29.8% With a vision difficulty 14.6% 16.4% 17.4% 16.7% With a cognitive difficulty 69.4% 41.7% 28.0% 36.9% With an ambulatory difficulty 17.5% 42.3% 61.9% 50.1% With a self-care difficulty 28.5% 17.2% 26.9% 22.6% With an independent living __ 36.8% 51.4% 41.5% difficulty Total Persons with 8,691 62,221 65,554 136,466 Disabilities (a) %of Total Population 8% Note: (a)Total does not include population under 5 years of age. Source:U.S. Bureau of the Census,American Community Survey (ACS),2008-2012. The Census does not record developmental disabilities. However, according to the U.S. Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. This equates to approximately 875 persons with developmental disabilities residing in the City of Cupertino, based on the 2010 Census population. Housing Commission Attachment B A-59 2040 GENERAL PLAN City of Cupertino • • � • ! �iii�. :, ,x: � . . �� , � , u . . �� " ,� �� • .;, �r, � i, �:� , �.�.-a�:.?s. ��' . '.S•,,.;�,;, , , ,�,. .� �,:..,i� . ii> .�.�. . ..:. .. ::;- .,. ri'm,'wae^+w..�� nT.,.��a� n . ....:.y�. i � � . • �• • • �•�t �• Total Population 1,313 100.0% 62,221 100.0% Age 18-b4�a� Employed 480 36.6% 22,566 36.3% Unemployed 101 7.7% 4,932 7.9% Not in Labor Force 732 55.8% 34,723 55.8% Note: (a)Total does not include population under 18 years of age or over 65 years. Source: U.S. Bureau of the Census,American Community Survey(ACS),2008-2012. According to the State's Department of Developmental Services, as of September 2013, approximately 303 Cupertino residents with developmenta) disabilities were being assisted at the San Andreas Regional Center. Most of these individuais were residing in a private home with their parent or guardian, and 196 of these persons with developmental disabilities were under the age of 18. Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person's living situation as a child to an appropriate level of independence as an adult. Resources Available Table 2.29 summarizes the licensed community care facilities in Cupertino that serve special needs groups. A-60 Housing Commission Attachment B Housing Element Technical Report Appendix B Adult residential facilities offer 24-hour non-medical care for adults, ages 18 to 59 years old, who are unable to provide for their daily needs due to physical or mental disabilities. Group homes, small residential facilities that serve children or adults with chronic disabilities, also provide 24-hour care by trained professionals. In addition, a 27-unit multi-family residential property (Le Beaulieu) offers affordable housing to very low-income persons with disabilities. • • � • :: . - . � �_� �.� .. Paradise Manor 2 19133 Muriel Lane b Paradise Manor 3 19147 Muriel Lane b Total 12 . . . - __■ Pace-Morehouse 7576 Kirwin Lane 6 Pacific Autism Center for 19681 Drake Drive b Education Miracle House Total 12 Source:California Department of Social Services, Community Care Licensing Division Facility Search Form,2014 Farmworkers Farmworkers are traditionally defined as persons whose primary incomes are earned through agricultural labor. They have special housing needs because of their relatively low income and also because of the often transient and seasonal nature of their jobs. The 2011 ACS reported that 36 Cupertino residents were employed in the agriculture, farming, fishing and forestry occupations, making up less than 0.1 percent of the City's population. Resources Available To the extent that farmworkers may want to live in Cupertino, their need for affordable housing would Housing Commission Attachment B A-61 2040 GENERAL PLAN City of Cupertino be similar to that of other lower income persons, and their housing needs can be addressed through general affordable housing programs for lower-income households, such as BMR, CDBG and HSG programs. Residents Living Below the Poverty Level Families with incomes below the poverty level, specifically those with extremely low and very low incomes, are at the greatest risk of becoming homeless and often require assistance in meeting their rent and mortgage obligations in order to prevent homelessness. The 2007-2011 ACS found that four percent of all Cupertino residents were living below the poverty level. Specifically, about three percent of family households and two percent of families with children were living below the poverty level. These households may require specific housing solutions such as deeper income targeting for subsidies, housing with supportive services, single-room occupancy units, or rent subsidies and vouchers. Resources Available Persons living with incomes below the poverty level can benefit from City programs and services that provide assistance to lower-income households in general, such as BMR, CDBG and HSG programs. Households with incomes below the poverty level can also benefit from supportive services available to County residents through various organizations, including Catholic Charities of Santa Clara County, Choices for Children, InnVision Shelter Network, Second Harvest Food Bank, and West Valley Community Services, among others. Homeless Demand for emergency and transitional shelter in Cupertino is difficult to determine given the episodic nature of homelessness. Generally, episodes of homelessness A-62 Housing Commission Attachment B Housing Element Technical Report Appendix B among families or individuals can occur as a single event or periodically. The 2013 Santa Clara County Homeless Census & Survey reported a point-in-time count of 7,631 homeless people on the streets and in emergency shelters, transitional housing, and domestic violence shelters. This estimate includes 112 homeless individuals in the City of Cupertino. The count, however, should be considered conservative because many unsheltered homeless individuals may not be visible at street locations, even with the most thorough methodology. There is no data presently available documenting the increased level of demand for shelter in Santa Clara County or Cupertino during particular times of the year. Due to the relatively mild climate, the only time of year when increased demand appears to be a factor is during the winter months (November to March). The annual homeless count always takes place in the last week of January, a period when demand for shelter typically is at its highest. Since the year-round need described above is based on the annual count, the need for emergency shelter either year-round or seasonally is not likely to be greater than that found during the annual homeless count. Resources Available Table 2.31 lists facilities within Santa Clara County that serve the needs of homeless. Emergency shelters provide temporary shelter for individuals and families while transitional shelters serve families making a transition from homelessness to permanent housing. In Cupertino, West Valley Community Services (WVCS) offers supportive services and the Transitional Housing Program (THP) through its Haven to Home Program. The Haven to Home Program helps homeless individuals and families work towards stability by providing access to resources such as food, transportation, toiletries and other such items. The Housing Commission Attachment a A-63 2040 GENERAL PLAN City of Cupertino program has the capacity to provide housing for 12 single men and six single mothers with one child under the age of six. Residents of THP sign a six-month lease, which may be renewed depending on the resident's case plan and progress. For supportive services, a case manager is available to provide intensive case management for up to 21 homeless households at a time. The THP typically has a waiting list of 10 to 30 households, while the waiting list for supportive services generally has five to 20 households. Given the increase in requests for emergency shelter over the past few years, WVCS staff believes that there is a need for additional emergency shelter services in Cupertino. This need is particularly high for families with children. Additionally, Faith in Action Silicon Valley Rotating Shelter operates a rotating shelter program which accommodates up to 15 homeless men. The shelter rotates locations, which include various Cupertino congregation and community partner locations. Additional services offered by the program include case management, meals, shower facilities, bus passes, job development and counseling, and other supportive services. � � � � � .� .•,�, � § �� ;.., Y� d _ �� 'a�k�d� ., . . �v�_ .,,�.µ.��:�'ra-�� ,_._ r'',��..'��..-,....iS„�� -��;;:._. �. .. . .3�.a.... a. , ��. a Cupertino Unsheltered (b) 92 82.1% Sheltered (c) 20 17.9% Total 112 100.0% Santa Clara County Unsheltered (b) 5,674 74.4% Persons in Family Households 1,011 13.2% Sheltered (c) 1,957 25.6% Persons in Family Households 56 0.7% Total 7,631 100.0% Notes: (a)This Homeless Census and Survey was conducted over a two day period from January 29 to January 30,2013 This survey,per HUD new requirements,does not include people in rehabilitation facilities, hospitals orjails due to more narrow HUD definition of point-in-time homelessness. (b)Individuals found living on the streets, in parks, encampments, vehicles,or other places not meant for humanhabitation. (c)Individuals who are living in emergency shelters or transitional housing programs. Source:2013 Santa ClaraCounty Homeless Point-In-Time Census&Survey, Comprehensive Report. A-64 Housing Commission Attachment B Housing Element Technical Report Appendix B 2.8. Needs Assessment Summary ■ Cupertino grew faster than Santa Clara County and the Bay Area between 2000 and 2010. The local population increased by 15 percent from 50,600 people to 58,300. However, some of this growth was due to the annexation of 168 acres of unincorporated land in Santa Clara County between 2000 and 2008. ■ ABAG projects Cupertino will grow to 71,200 residents by 2040. Cupertino and Santa Clara County are anticipated to experience the same rate of population increase (nearly 21 percent) between 2010 and 2040; the Bay Area's population is expected to increase by 28 percent during the same time. ■ Cupertino has an aging population. The median age in Cupertino rose from 37.9 years old in 2000 to 39.9 years old in 2010. The percent of elderly residents, aged 65 years old and older, increased from 11 percent to 13 percent. ■ The City has a high percentage of family households; in 2010, family households comprised 77 percent of all households in Cupertino, compared with 71 percent of Santa Clara County households and 65 percent of Bay Area households. ■ Large households comprised 9.3 percent of the City's total households, the majority of which were owner- households. Overall, the proportion of large households in the City was lower than countywide average. ■ Approximately 3.3 percent of all households in the City were single-parent households, with 21 percent living below the poverty level. However, the proportion of single-parent households in the City has declined since 2000. Housing Commission Attachment B A-65 2040 GENERAL PLAN City of Cupertino ■ About six percent of the City's population aged five and above had one or more disabilities, lower than the countywide average of eight percent. According to the State Department of Developmental Services, 303 residents were being assisted at the San Andreas Regional Center. ■ Cupertino, along with Santa Clara County, is becoming an increasingly jobs-rich city. ABAG projects the number of jobs in Cupertino will increase by 25 percent between 2010 and 2040, resulting in a jobs-to-household ratio of 1.38 by 2040, up from the ratio of 1.29 in 2010. ■ The local housing stock is dominated by single-family detached homes; 57 percent of homes were single-family detached dwellings in 2013. Although the number of multi-family housing units experienced the most rapid growth between 2000 and 2013, Cupertino still has a smaller proportion of multi-family housing units than Santa Clara County (28 percent in the city versus 32 percent in the County overall). One affordable housing project— Beardon Drive (eight units) — is considered at risk of converting to market-rate housing during the next ten years. ■ Housing costs continue to rise in Cupertino. Median home sales prices rose by approximately 29 percent between 2011 and 2013, after plateauing between 2008 and 2010 during the depth of the housing market crisis. Homeownership in Cupertino is generally out of reach for most except the highest-earning households. ■ Affordable rental housing is equally difficult to obtain. The current median market rent rate of$3,500 for a three-bedroom unit exceeds the maximum affordable monthly rent for lower- and moderate-income households. A-66 Housing Commission Attachment B Housing Element Technical Report Appendix B • • i "` �� u�»� � � �, zx .-.„,� :� �,��liiii�� _ '.; ,. .,�I■�� - � Boccardo Family Living EHC LifeBuilders Transitional (Families Center 13545 Monterey 26 Units With Children) Road San Martin, CA 95046 Boccardo Regional EHC LifeBuilders Transitional (Veterans) Reception Center 2011 20 Beds Little Orchard St. San Jose, CA 95125 Sobrato House Youth EHC LifeBuilders Transitional (Youth) Center 496 S. Third 9 Units Street San Jose, CA 95112 Family Supportive Transitional (Families) Scattered Sites in Santa Not available Housing Clara County Montgomery Street Inn InnVision Transitional 358 N. Montgomery g5 Persons Street San Jose, CA 95110 Transitiona► (Women and Villa 184 South 11th InnVision Children) Street San Jose, CA 55 Persons 95112 Transitional (Victims Next Door Solutions to of Domestic Violence - The HomeSafes in San 48 Units Domestic Violence Women and Children) Jose and Santa Clara (a) 10311-10321 West Valley Community Transitional (Men and Greenwood Ct. 12 Single Men and 6 Services Single Mothers) Cupertino, CA 95014 Single Mothers Maitri Transitional (Women and N/A (address is confi- 9 Beds Children) dential) Note: (a)Location is confidential. Source:211 Santa Clara County,2014. Housing Commission Attachment B A-67 2040 GENERAL PLAN City of Cupertino • • 1 � .; :y ,,, � • s. .5 + ' i w ;' � - � � � .�.�:�.�,s��;.s�;:..:;�,..x.�;..:.�a�;��.e., u.��.._... t�.�Y .:.r��s.�.,c+ � �' _ �a.�� ..�' ,. . Asian Americans For Emergency (Victims of Asian Women's Home Community Involvement Domestic Violence - 2400 Moorpark Avenue, 12 persons of Santa Clara County, Women and Children) Suite 300 Inc. Boccardo Reception 200 Persons (Year EHC LifeBuilders Emergency Center (BRC) 2011 Little Round) 250 Persons Orchard San Jose, 95125 �December 2 to March 31) Sunnyvale National EHC LifeBuilders Emergency Guard Armory 620 E. 125 Persons Maude Sunnyvale, 94086 Boccardo Reception 40 Persons (December EHC LifeBuilders Emergency (Veterans) Center (BRC) 2011 Little 2 to March 31) Orchard San Jose, 95125 Sobrato House Youth EHC LifeBuilders Emergency (Youth) Center 496 S. Third 10 beds Street San Jose, CA 95112 San Jose Family Famil Su ortive Shelter 692 North King 35 Families Housing pp Emergency (Families) Road San Jose, CA, 951331667 Faith In Action Silicon Valley Rotating Shelter Faith In Action Silicon Emergency 1669-2 Hollenbeck Ave. 15 Persons Valley Rotating Shelter #220 Sunnyvale, CA 94087 Julian Street Inn 546 InnVision Emergency West Julian Street San 70 Beds Jose, CA, 95110 Emergency (Women and 260 Commercial Street InnVision Children) San Jose, CA, 95112 55 Persons Emergency (Victims of The Shelter Next Next Door Solutions to DoorSanta Clara County Domestic Violence Domestic Violence - �a� 20 Persons Women and Children) A-68 Housing Commission Attachment B Housing Element Technical Report Appendix B ■ In 2010, 30 percent of renters and 37 percent of homeowners were overpaying for housing in Cupertino. ■ In 2010, 63 percent of elderly renter-households were overpaying for housing, the highest rate among any household type regardless of tenure. ■ The 2013 Santa Clara County Homeless Survey reported a point-in-time count of 7,631 homeless people on the streets and in emergency shelters, transitional housing, and domestic violence shelters, including 112 individuals in the City of Cupertino. 3. REGIONAL HOUSING NEEDS DETERMINATIONS ?_014-2022 This section discusses the projected housing needs for the current planning period, which runs from January 1, 2014 through October 31, 2022. 3.1. Regional Housing Needs Allocation (RHNA) Pursuant to California Government Code Section 65584, the state, regional councils of government (in this case, ABAG), and local governments must collectively determine each locality's share of regional housing need. In conjunction with the state-mandated housing element update cycle that requires Bay Area jurisdictions to update their elements by January 31, 2015, ABAG has allocated housing unit production needs for each jurisdiction within the Bay Area. These allocations set housing production goals for the planning period that runs from January 1, 2014 through October 31, 2022. The following summarizes ABAG's housing need allocation for Cupertino, along with housing production data for the 2014-2022 time period. The City of Cupertino may count housing units constructed, approved, or proposed since Housing Commission Attachment B A-69 2040 GENERAL PLAN City of Cupe�tino January 1, 2014 toward satisfying its RHNA goals for this planning period. Table 3.1 presents a summary of ABAG's housing needs allocation for Cupertino for 2014 to 2022. • � � '�� . -a• ."■• • -� ' a' .'r ' .a��. • • . . Extremely LowNery Low(0-50%of AMI) 356 33.5% Low(51-80% of AMI) 207 19.5% Moderate (81-120% of AMI) 231 21.7% Above Moderate (over 120%AMI) 270 25.4% Total Units 1,064 100.0% Source:ABAG Regional Housing Needs Assessment,2014. 3.2 Housing Needs for Extremely Low-Income Households State law requires housing elements to quantify and analyze the existing and projected housing needs of extremely low-income households. HUD defines an extremely low- income household as one earning less than 30 percent of AMI. These households encounter a unique set of housing situations and needs, and may often include special needs populations or represent families and individuals receiving public assistance, such as social security insurance (SSI) or disability insurance. As discussed in the Needs Assessment section, approximately eight percent of all Cupertino households earned less than 30 percent of AMI in 2010. Extremely low- income households represented 12 percent of all renter- households and five percent of all owner-households. To estimate the projected housing need for extremely low income households, state law allows either assuming 50 percent of the very low-income households as extremely low A-70 Housing Commission Attachment B Housing Element Technical Report Appendix B income, or to apportion the very low-income households based on Census-documented distribution. Using the allowable even split, 50 percent of Cupertino's 356 very low- income RHNA units are assumed to serve extremely low- income households. Based on this methodology, the city has a projected need of 178 units for extremely low-income households. Extremely low-income households often rely on supportive or subsidized housing as a means of transitioning into stable, more productive lives. Supportive housing combines housing with supportive services such as job training, life skills training, substance abuse programs, and case management services. Subsidized housing can include programs such as the Section 8 Housing Choice Voucher Program or tenant-based rental assistance (TBRA) which ensures that the tenant does not pay more than 30 percent of their gross income on housing by paying a portion of the tenants rent. Efficiency studios and BMR rental units can also provide affordable housing opportunities for extremely low- income households. 4. HOUSING CONSTRAINTS Section 65583(a)(4) of the California Government Code states that the housing element must analyze "potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures." In addition to government constraints, this section assesses other factors that may constrain the production of affordable housing in Cupertino. These include infrastructure availability, environmental features, economic and financing Housing Commission Attachment B A-71 2040 GENERAL PLAN City of Cupertino constraints, market conditions and community acceptance of different housing types and densities. Recent court rulings have removed some of the mechanisms local government traditionally has used to require developers to provide affordable housing, thus exacerbating the difficulty of ineeting the number of units determined necessary by the regional housing needs assessment. 4.1. Government Constraints Government regulations can affect housing costs by limiting the supply of buildable land, setting standards and allowable densities for development, and exacting fees for the use of land or the construction of homes. The increased costs associated with such requirements are often passed on to consumers in the form of higher home prices and rents. Potential regulatory constraints include local land use policies (as defined in a community's general plan), zoning regulations and their accompanying development standards, subdivision regulations, growth control ordinances or urban limit lines, and development impact and building permit fees. Lengthy approval and processing times also may be regulatory constraints. General Plan The Cupertino General Plan 2000-2020 was completed in November 2005. The General Plan provides the policy and program direction necessary to guide land use decisions in the first two decades of the 21 st century. The existing General Plan is current and legally adequate and is not considered an impediment to housing production. Parallel with the update of this Housing Element, the City undertook a focused update to the Land Use and Circulation Elements to respond to community interest in enlivening aging commercial developments and better accommodating housing need, among requests from some property owners for General Plan Amendments. A-72 Housing Commission Attachment B Housing Element Technical Report Appendix B As required by state law, the General Plan includes a land use map indicating the allowable uses and densities at various locations in the city. The Land Use/Community Design section identifies five categories of residential uses based on dwelling unit density, expressed as the number of dwelling units permitted per gross acre. ■ The "Very Low Density" classification, intended to protect environmentally sensitive areas from extensive development and to protect human life from hazards associated with floods, fires, and unstable terrain, applies one of four slope-density formulas to determine allowable residential density. ■ The "Low Density" and "Low/Medium Density" categories promote traditional single-family development, allowing densities of one to five units per gross acre, and five to 10 units per gross acre, respectively. ■ The "Medium/High Density" and the "High Density" categories provide for a wide range of multi-family housing opportunities at densities of 10 to 20 units per gross acre and 20 to 35 units per gross acre, respectively. In addition to the five residential categories, the General Plan allows for residential uses in the "Industrial/ Residential," "Office/Commercial/Residential," "Commercial/Residential" and "Neighborhood Commercial/ Residential" land use categories. In 2013 the City undertook a focused General Plan Amendment process intended to replenish, re-allocate, and increase City-wide office, commercial, hotel, and residential allocations in order to plan for anticipated future development activity while keeping with the community's character, goals, and objectives. In addition, the process aimed to capture retail sales leakage and some amount Housing Commission Attachment B A-73 2040 GENERAL PLAN City of Cupertino of regional demand for office and hotel development. The residential increases proposed during the process are consistent with 2040 One Bay Area Plan. None of the City's General Plan policies have been identified as housing constraints. The General Plan does not define whether residential units are to be rented or owned or whether they are to be attached or detached. The General Plan's land use policies incorporate housing goals, including the following: Policy LU-1 : Focus Development in Mixed-Use Special Areas In the mixed-use Special Areas where office, commercial and residential uses are allowed, focus higher intensity development and increased building heights where appropriate in designated Special Areas, gateways and nodes. Policy LU-17: Multi-Family Residential Design Maintain a superior living environment for multi-family dwellings. Policy LU-18: Single-Family Residential Design Preserve the character of residential neighborhoods by requiring new development to be compatible with the existing neighborhood. Policy LU-19: Compatibility of Lot Sizes Ensure that zoning, subdivision, and lot line adjustment requests related to lot size or lot design consider the need to preserve neighborhood lot patterns. Policy LU-22: Jobs/Housing Balance Strive for a more balanced ratio of jobs and housing units. A-74 Housing Commission Attachment B Housing Element Technical Report Appendix B The General Plan contains very few policies addressing the siting of housing, other than those pertaining to hillside and other sensitive areas. Land use policies limit development in hillside areas to protect hillside resources but allows for low-intensity residential development in the foothills. The General Plan also encourages the clustering of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines. Thus, even in hillside and sensitive areas, the General Plan creates opportunities for housing production. Zoning Ordinance The Cupertino Zoning Ordinance establishes development standards and densities for new housing in the City. These regulations include minimum lot sizes, maximum number of dwelling units per acre, lot width, setbacks, lot coverage, maximum building height, and minimum parking requirements. These standards are summarized in Table 4.1. As required by state law, the Zoning Map is consistent with the General Plan. The residential zoning districts and their respective permitted densities and development standards are summarized below. Residential development is permitted by right in residential zones. R-1 Single Family Residential The R-1 District is intended to create, preserve, and enhance areas suitable for detached single-family dwellings. The R-1 District includes sub-areas with varying minimum lot size requirements. Residential structures in the R-1 District are limited in size by a maximum lot coverage of 45 percent and a maximum floor area ratio of 45 percent. Setbacks are 20 feet in the front and rear yards and a combined 15 feet of side yards, with no one side yard setback less than 5 feet. The maximum building height of 28 feet allows for a wide range of single family housing types on flat terrain. Housing Commission Attachment B A-75 2040 GENERAL PLAN City of Cupertino Structures in R-1 Districts with an "i" designation at the end are limited to one story (18 feet). Two-story structures in the R-1 District require a Two- Story Residential Permit. The Director of Community Development may approve, conditionally approve, or deny applications for a two-story residential permit. Projects must be "harmonious in scale and design with the general neighborhood." • • � • � r �. - ... �� , ; .. ,, �- .,,o : .. _ . ; „ � .�... _ . . , �. , : . � : �, . _ , _ .�, .'�"'.� i+'��,M1y "y • • •� � s - .• ' A 18-28 50-60 30 20 25 215,000 N/A A-1 20-28 200 30 20 20-25 43,000-215,000 40% R-1 28 60 20-25 10-15 20 5,000-20,000 45% R-2 15-30 60-70 20 6-12 20 ft./20% lot depth, g,500-15,000 40% whichever is greater R-3 30 70 20 6-18 20 ft./20% lot depth, 9,300 40% whichever is greater. RHS 30 70 20-25 10-15 25 20,000-400,000 45% R-1 C 30 N/A N/A N/A N/A N/A N/A Note:Maximum number of units cannot exceed that allowed by the General Plan,pursuant to the Zoning Ordinance. Sources:Cupertino Municipal Code,2014. R-2 Residential Duplex The R-2 District is intended to allow a second dwelling unit under the same ownership as the initial dwelling unit on a site. The residential duplex district is intended to increase the variety of housing opportunities within the community while maintaining the existing neighborhood character. Minimum lot area is 8,500 square feet; building heights in this district cannot exceed 30 feet. The R-2 District limits lot coverage by all buildings to 40 percent of net lot area. A-76 Housing Commission Attachme�t B Housing Element Technical Report Appendix B Setbacks are 20 feet in the front yard and the greater of 20 feet and 20 percent of lot depth in the rear yard; the minimum side yard setback is 20 percent of the lot width. Structures in R-2 Districts with an "i" designation at the end are limited to one story (18 feet). The development standards for the R-2 District do not constrain the development of duplexes. The 30-foot height limit is appropriate because many R-2 zoned areas abut single-family residential development. Furthermore, 30 feet in height is sufficient for duplex development. The 40 percent maximum lot coverage has also not constrained the development of duplexes in Cupertino. None of the residential opportunity sites included in this Housing Element fall within the R-2 zone. R-3 Multi-Family Residential The R-3 District permits multi-family residential development. This District requires a minimum lot area of 9,300 square feet for a development with three dwelling units and an additional 2,000 square feet for every additional dwelling unit. The minimum lot width in the R-3 District is 70 feet, and lot coverage may not exceed 40 percent of net lot area. For single-story structures, required setbacks are 20 feet in the front yard, six feet in the side yard, and the greater of 20 feet or 20 percent of lot depth in the rear yard; the minimum side yard setback for two-story structures is nine feet. The maximum height any building is two stories and may not exceed 30 feet. This height limit is used because many R-3 districts abut single-family residential neighborhoods. Basements (fully submerged below grade except for lightwells required for light, ventilation and emergency egress, which may have a maximum exterior wall height of two feet between natural grade and ceiling) are permitted and are not counted towards the height requirements. For these reasons, the Housing Commission Attachment B A-77 2040 GENERAL PLAN City of Cupertino height standards in the R-3 district are not considered a constraint to housing production. Furthermore, the development standards for the R-3 District are on par with standards present in neighboring jurisdictions. The development standards for the R-3 District do not unreasonably constrain the development of multi-family housing. Multi-family residential uses are permitted uses in the R-3 District without the need for a Use Permit. Developments are able to achieve close to the maximum allowable densities under existing development standards, including the height limit and maximum lot coverage. This can be demonstrated by a back-of-the-envelope calculation of the number of developable units on a one- acre parcel. As shown in Table 4.2, the maximum density allowed on a one-acre parcel is 20 units. With a maximum lot coverage of 40 percent and assuming two stories of residential development, approximately 35,000 square feet of residential development can be achieved. Using conservative assumptions of 20 percent common area space and large unit sizes of 1,400 square feet, 20 units can be developed under this scenario. This analysis demonstrates that projects would be able to achieve the maximum allowable density in the R-3 District under the development standards. This Housing Element includes a strategy to monitor the development standards to facilitate a range of housing options (HE-Strategy 1). RHS Residential Hillside The RHS District regulates development in the hillsides to balance residential uses with the need to preserve the natural setting and protect life and property from natural hazards. Dwelling unit density is determined by the slope- density standards outlined in the General Plan. Minimum lot size ranges from 20,000 square feet to 400,000 square feet. A-78 Housing Commission Attachment B Housing Element Technical Report Appendix B The minimum lot width in the RHS District is 70 feet, with an exception for lots served by a private driveway and which do not adjoin a public street. Development applications in the RHS District must include topographical information, including whether the proposed structure is on or in the site line of a prominent ridgeline. The City has established a process to allow for exceptions to development requirements in the RHS zone if certain stated findings can be made. � � � • ' s • Parcel Size (Sq. Ft.) 43,560 9,300 sq. ft. of lot area Maximum Density 20.13 for 3 units, 2,000 sq. ft. for each additional unit. Parking and circulation (sq. ft.) 19,602 Parking and circulation 45% of lot area Open space (sq. ft.) 6,534 Open space 15% of lot area Lot Coverage (sq. ft.) 17,424 Lot Coverage % 40% of lot area Residential Sq. Ft. 34,848 Stories of Residential 2 Less Common Area (hallways, �6.970 Common Area % 20% of total building stairs) area Sq. Ft. for Units 27,878 Number of Units 20 Unit Size (Sq. Ft.) 1,400 $ource:City of Cupertino,2014. R-1 C Residential Single Family Cluster The purpose of the R-1 C District is to provide a means for reducing the amount of street improvements and public utilities required in residential development, to conserve natural resources, and encourage more create development Housing Commission Attachment B A-79 2040 GENERAL PLAN City of Cupertino and efficient use of space. The owner of a property within Cupertino may submit an application for single-family residential cluster zoning or rezoning to the Planning Commission. Alternatively, the Planning Commission and/ or the City Council may initiate a public hearing to rezone specific properties to the R-1 C District. The allowable density on a parcel is determined by the existing land use designations in place prior to the rezoning. Density ranges are determined based on the relationship with and impacts to surrounding neighborhoods, streets, infrastructure and natural areas as well as the quality of design and relationship to adopted Housing Element goals. While the maximum height in the district is 30 feet, a height increase may be permitted if the City Council or Planning Commission determines that it would not have an adverse impact on the immediately adjacent neighborhood. The R-1 C District also regulates site design and private streets within the cluster. Development requirements for proposed R-1 C developments can be waived or modified, if the Planning Commission and City Council find that the site is constrained but substantially meets the zoning standards or if the proposal provides for low-moderate income and senior citizen housing. Planned Development The P district is intended to provide a means for guiding land development that is uniquely suited for planned coordination of land uses and to provide for a greater flexibility of land use intensity and design. The planned development zoning district is specifically intended to encourage variety in the development pattern of the community; to promote a more desirable living environment; to encourage creative approaches in land development; to provide a means of reducing the amount of improvements required in development through better A-$0 Housing Commission Attachment B Housing Element Technical Report Appendix B design and land planning, to conserve natural features, to facilitate a more aesthetic and efficient use of open spaces, and to encourage the creation of public or private common open space. All P districts are identified on the zoning map with the letter P followed by a specific reference to the type of use allowed in the particular planned development district. For example, a P(Res) district allows for residential uses. Developments within a P district are generally required to comply with the height and density regulations associated with the underlying use. Beyond density and height regulations, the P district allows for a greater degree of flexibility around other development standards. The increased flexibility in the P zones allow a project to be designed to the special characteristics of a site (such as corner parcels, proximity to a creek or open space, etc) without requiring variances or exceptions. Such sites can include a combination of multiple housing types, open space and a mix of uses in a single area. Examples include the Main Street Cupertino and Rose Bowl mixed use developments. A majority of the housing sites proposed to accommodate the RHNA are located in the P district. The majority of the P districts are governed by a Specific or Conceptual Plan which provides additional guidance to facilitate development review and provide more certainty regarding community expectations. For example, the Heart of the City Specific Plan provides detailed guidelines for residential and mixed-use developments (including orientation, design, setbacks, landscaping, buffers, and transitions to neighboring properties). Prior to development within a P (Res/R3) district, applicants must submit a definitive development plan to the Planning Commission or City Council. Upon recommendation of the Planning Commission, the City Council reviews Housing Commission Attachment B A-81 2040 GENERAL PLAN City of Cupertino larger developments, including those with eight or more residential units. Multi-family residential developments within a P(Res/R3) district are permitted uses by right. Development plans focus on site and architectural merits and typically take between two to four months to obtain approvals. The Municipal Code was amended in 2011 to clarify that the development plan for residential uses only requires a planned development permit and not a conditional use permit as residential developments are permitted uses within a P(Res) district. A Agricultural and A-1 Agricultural-Residential Agricultural zones are intended to preserve agriculture or forestry activities in areas suited to that purpose, and to include incidental residential development of a rural or semi-rural character. Single-family dwellings and residences for farmworkers and their families are permitted in the A and A-1 Districts. Minimum lot area corresponds to the number (multiplied by one thousand square feet) following the A zoning symbol. For example, A1-43 requires a minimum 43,000 square foot lot. The minimum lot size for the A District is 215,000 square feet (with or without incidental residential use) and 215,000 square feet for A-1 with no incidental residential use. Incidental residential uses require a minimum of 43,000 square feet per dwelling unit. The District requires setbacks of 30 feet in the front yard, 20 feet in the side yards, and 20-25 feet in the rear yard. The maximum building height of 28 feet allows for a wide range of single family housing types on flat terrain. Structures in the A District with an "i" designation at the end are limited to one story (18 feet). Other Districts In addition to the districts discussed above, limited residential uses are allowed in other zoning districts. Often A-$2 Housing Commission Attachment B Housing Element Technical Report Appendix B the housing in these non-residential districts is limited to housing for farmworkers, employees, or caretakers. The permitted residential uses in non-residential districts are discussed below. ML Light Industrial Residential dwellings for caretakers or watchmen are permitted for those employed for the protection of the principal light industrial permitted use. The residential dwellings must be provided on the same lot as the principal permitted use. PR Park and Recreation The PR District regulates publicly owned parks within the City. Single-family residences for the purpose of housing a caretaker for the park are permitted in this District. A caretaker is defined as a person who maintains surveillance of the park areas during and after the hours of park operation. The residence may take the form of a mobile home or a permanent residential structure. Heart of the City The Heart of the City Specific Plan provides specific development guidance for one of the most important commercial corridors in the City of Cupertino. This Specific Plan is intended to carefully guide development, with the purpose of creating a clear sense of place and community identity in Cupertino. The Specific Plan contains streetscape design, development standards and design guidelines for multi-unit residential and commercial/office projects. Any new residential development within the Heart of the City Specific Plan area is required to include a nonresidential component (that is, horizontal or vertical mixed use is required if residential uses are proposed). For mixed use developments in the Heart of the City Specific Plan area, Housing Commission Attachment B A-83 2040 GENERAL PLAN City of Cupertino residential development density calculations are required to be based on net density, excluding parking and/ or land areas devoted to the commercia) portion of the development. This requirement can significantly reduce the number of units a proposed project may provide, and may constrain new development, although it will forward City goals for balanced and complementary land uses. Parking Excessive parking requirements may serve as a constraint of housing development by increasing development costs and reducing the amount of land available for project amenities or additional units. Off-street residential parking requirements vary by zone. As shown in Table 4.3, the parking ratio ranges from two parking spaces per dwelling unit to four spaces per dwelling unit. • • � `. �. . i' � . _ : _;�>= -, Single-Family R-1, RHS, A-1, P 4/ DU (2 garage, 2 open) Small Lot Single-Family, Townhouse P 2.8/ DU (2 garage, 0.8 open) Duplex R-2 3 / DU (1.5 enclosed, 1.5 open) High Density Multi-Family R-3, P 2 / DU (1 covered, 1 open) Sources:Cupertino Zoning Ordinance,2014. Cupertino's parking requirements are higher than many other jurisdictions, particularly for single-family homes. Given the high cost of land and parking, the high parking standards may serve as a constraint to housing provision, although projects are able to attain the maximum permitted density even with these parking requirements. The Zoning Ordinance does not include parking reductions for senior housing, affordable housing, or group homes, unless State Density Bonus law applies, in which case reductions are available for senior housing and projects that include affordable housing. Often, vehicle ownership among A-$4 Housing Commission Attachment B Housing Element Technical Report Appendix B elderly and lower-income households is lower than other populations, making reductions in parking requirements appropriate. As established in HE-Strategy 11 of this Housing Element, the City will offer a range of incentives to facilitate the development of affordable housing, including parking standards waivers. The Zoning Ordinance allows for shared parking in mixed-use developments. For example, residential projects with a retail or commercial component will have a lower parking requirement because residential users may use some retail parking spaces in the evening. The Zoning Ordinance provides a formula for calculating the parking reduction in mixed-use developments. In addition, the Planning Commission or City Council may allow further reduction in the parking requirement as part of a use permit development plan or parking exception based on shared parking arrangements, parking surveys, and parking demand management measures. According to interviews conducted as part of the Housing Element update in 2013, market-rate and non- profit developers perceive policies and regulations such as parking requirements, height limits, and variances for density as barriers to developing and adding units to the market. One interviewee noted that Cupertino's parking requirements are relatively stringent compared to other cities on the Peninsula that are moving towards more flexibility and (ower requirements. To address this concern, the City offers reduced parking requirements as incentives to facilitate affordable housing (HE-Strategy 11) and will update the Density Bonus Ordinance (HE-Strategy 12) to allow for one to three regulatory concessions that would result in identifiable cost reductions and which are needed to make proposed housing affordable. Housing Commission Attachment a A-85 2040 GENERAL PLAN City of Cupertino Provisions for a Variety of Housing Types Housing element law specifies that jurisdictions must identify adequate sites through appropriate zoning and development standards to encourage the development of various types of housing. This includes single- and multi- family housing, homeless shelters, group homes, supportive and transitional housing, SROs, mobile and manufactured homes, among others. Homeless Shelters The Zoning Ordinance allows for "rotating homeless shelters" in the Quasi Public Building (BQ) zone. Rotating homeless shelters are permitted within existing church structures in the BQ zone for up to 25 occupants. The operation period of rotating shelters cannot exceed two months in any one-year span at a single location. Permanent emergency shelter facilities are permitted in the BQ zone if the facility meets the same conditions of rota ting homeless shelters above and if occupancy is limited to six months or fewer. The City will revise the Zoning Ordinance concurrent with this Housing Element Update to (1) remove the requirement that permanent emergency shelters be located in church structures; (2) eliminate requirements related to restricted hours of operation for permanent emergency shelters; and (3) add the requirement that a management plan must be submitted to the City prior to shelter operation (HE-Strategy 22). Group Homes and Transitional and Supportive Housing Pursuant to state law, licensed residential care facilities for six or fewer residents are permitted by right in all residential districts (including A, A-1, R-1, R-2. R-3, RHS, R-1 C). Licensed small group homes are not subjeci to special development requirements, policies, or procedures which would impede such uses from locating in a residential A-86 Housing Commission Attachment B Housing Element Technical Report Appendix B district. Furthermore, small group homes (with six or fewer persons) with continuous 24-hour care are permitted by right in all residential districts. Transitional and supportive housing is treated as a residential use and subject only to those restrictions that apply to other residential uses in the same zone. Large group homes (with more than six residents) are conditionally permitted uses in the R-1 District, subject to Planning Commission approval. Single-Room Occupancy Units (SROs) SRO units are one-room units intended for occupancy by a single individual. They are distinct from a studio or efficiency unit, in that a studio is a one-room unit that must contain a kitchen and bathroom. Although SRO units are not required to have a kitchen or bathroom, many SROs have one or the other. The Cupertino Zoning Ordinance does not contain specific provisions for SRO units. SRO units are treated as a regular multi-family use, subject to the same restrictions that apply to other residential uses in the same zone. Manufactured Housing Manufactured housing and mobile homes can be an affordable housing option for low- and moderate-income households. According to the Department of Finance, as of 2013, there are no mobile homes in Cupertino. Pursuant to State law, a mobile home built after June 15, 1976, certified under the National Manufactured Home Construction and Safety Act of 1974, and built on a permanent foundation may be located in any residential zone where a conventional single-family detached dwelling is permitted subject to the same restrictions on density and to the same property development regulations. Housing Commission Attachment B A-87 2040 GENERAL PLAN City of Cupertino Farmworker and Employee Housing The City currently permits farmworker housing in Agricultural (A) and Agricultural Residential (A-1) Districts. Farmworker housing is allowed for workers and their families whose primary employment is incidental and necessary to agricultural operations conducted on the same parcel of land on which the residences are located. However, farmworker housing is not specifically defined in the Zoning Ordinance. Pursuant to the State Employee Housing Act, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use. No conditional use permit, zoning variance, or other zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. The Employee Housing Act also specifies that housing for six or fewer employees be treated as a residential use. The City will amend the Zoning Ordinance to be consistent with the State Employee Housing Act. Second Dwelling Units A second dwelling unit is an attached or detached, self- contained unit on a single-family residential lot. These units are often affordable due to their smaller size. To promote the goal of affordable housing within the City, Cupertino's Zoning Ordinance permits second dwelling units on lots in Single-Family Residential (R-1), Residential Hillside (RHS), Agricultural (A), and Agricultural Residential (A-1) Districts. Second dwelling units on lots of 10,000 square feet or more may not exceed 800 square feet, whife units on lots smaller than 10,000 square feet cannot exceed 640 square A-88 Housing Commissio� Attachment B Housing Element Technical Report Appendix B feet. All second dwelling units must have direct outside access without going through the principal dwelling. If the residential lot encompasses less than 10,000 square feet, the second dwelling unit must be attached to the principal dwelling unless otherwise approved by the Director of Community Development through Architectural Review. Second dwelling units are subject to an architectural review by the Director of Community Development. The design and building materials of the proposed second unit must be consistent with the principal dwelling. In addition, the second dwelling unit may not require excessive grading which is visible from a public street or adjoining private property. The architectural review is done at the ministerial (building permit) level and is intended to ensure that the second unit is consistent with the architecture, colors, and materials of the primary house. One additional off-street parking space must be provided if the principal dwelling unit has less than the minimum off- street parking spaces for the residential district in which it is located. Second dwelling units must also comply with the underlying site development regulations specified by the zoning district. Density Bonus The City's Density Bonus Ordinance (Chapter 20.305 of the Municipal Code) has not yet been updated to reflect changes in State law included in SB 1818 and other density bonus bills. Under those statutes, cities and counties are required to grant a density bonus of up to 35 percent and one to three incentives or concessions to housing projects which contain one of the following: ■ At least 5% of the housing units are restricted to very low income residents Housing Commission Attachment B A-89 2040 GENERAL PLAN City of Cupertino ■ At least 10% of the housing units are restricted to lower income residents ■ At least 10% of the housing units in a for-sale common interest development are restricted to moderate income residents A density bonus, but no incentives or concessions, must be granted to projects that contain one of the following: ■ The project donates at least one acre of land to the city or county large enough for 40 very low income units, the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing, funding has been identified, and other requirements are met ■ The project is a senior citizen housing development (no affordable units required) ■ The project is a mobile home park age restricted to senior citizens (no affordable units required) HE-Strategy 12 in the Housing Plan commits the City to updating the Density Bonus Ordinance concurrent with the Housing Element update. Site Improvement Requirements Residential developers are responsible for constructing road, water, sewer, and storm drainage improvements on new housing sites. Where a project has off-site impacts, such as increased runoff or added congestion at a nearby intersection, additional developer expenses may be necessary to mitigate impacts. These expenses may be passed on to consumers. Chapter 18 of the Cupertino Municipal Code (the Subdivision Ordinance) establishes the requirements for new subdivisions, including the provision of on- and off-site A-90 Housing Commission Attachment B Housing Element Technical Report Appendix 6 improvements. The ordinance requires that subdivisions comply with frontage requirements and stormwater runoff be collected and conveyed by an approved storm drain system. Furthermore, each unit or lot within the subdivision must be served by an approved sanitary sewer system, domestic water system, and gas, electric, telephone, and cablevision facilities. All utilities within the subdivision and along peripheral streets must be placed underground. Common residential street widths in Cupertino range from 20 feet (for streets with no street parking) to 36 feet (for those with parking on both sides). The City works with developers to explore various street design options to meet their needs and satisfy public safety requirements. Developers are typically required to install curb, gutters, and sidewalks, however, there is a process where the City Council can waive the requirement. The City prefers detached sidewalks with a landscaped buffer in between the street and the pedestrian walk to enhance community aesthetics and improve pedestrian safety. However, the City does work with developers to explore various frontage improvement options depending on the project objectives, taking into consideration factors such as tree preservation, land/design constraints, pedestrian safety, and neighborhood pattern/compatibility. This is especially true in Planned Development projects, where the City works with the developer to achieve creative and flexible street and sidewalk designs to maximize the project as well as community benefits. The Subdivision Ordinance also includes land dedication and fee standards for parkland. The formula for dedication of park land for residentia) development is based on a standard of three acres of parkland per 1,000 persons. The developer must dedicate parkland based on this formula or pay an in lieu fee based on the fair market value of the land. Housing Commission Attachment B A-91 2040 GENERAL PLAN City of Cupertino In addition to parkland dedication, the City Council may require a subdivider to dedicate lands to the school district(s) as a condition of approval of the final subdivision map. If school site dedication is required and the school district accepts the land within 30 days, the district must repay the subdivider the original cost of the dedicated land plus the cost of any improvements, taxes, and maintenance of the dedicated land. If the school district does not accept the offer, the dedication is terminated. The developer may also be required to reserve land for a park, recreational facility, fire station, library, or other public use if such a facility is shown on an adopted specific plan or adopted general plan. The public agency benefiting from the reserved land shall pay the developer the market value of the land at the time of the filing of the tentative map and any other costs incurred by the developer in the maintenance of the area. The ordinance states that the amount of land to be reserved shall not make development of the remaining land held by the developer economically unfeasible. The City of Cupertino's site improvement requirements for new subdivisions are consistent with those in surrounding jurisdictions and do not pose a significant constraint to new housing development. Buiiding Codes and Code Enforcement The City of Cupertino has adopted the 2013 Edition of the California Building Code, the 2013 California Electrical Code and Uniform Administrative Code Provisions, the International Association of Plumbing Officials Uniform Plumbing Code (2013 Edition), the California Mechanical Code 2013 Edition, and the 2013 California Fire Code and the 2013 Green Building Standard Code. The City also enforces the 1997 Edition of the Uniform Housing Code, the 1998 Uniform Code for Building Conservation, and the 1997 A-92 Housing Commission Attachment B Housing Element Technical Report Appendix B Uniform Code for the Abatement of Dangerous Buildings Code. Cupertino has adopted several amendments to the 2013 California Building Code. The City requires sprinkler systems for new and expanded one- and two-family dwellings and townhouses; underhanging appendages enclosed with fire-resistant materials; roof coverings on new buildings and replacement roofs complying with the standards established for Class A roofing, the most fire resistant type of roof covering. The amendments also establish minimum standards for building footings, seismic reinforcing on attached multi-family dwellings, and brace wall panel construction. These amendments apply more stringent requirements than the California Building Code. The California Building Code and the City's amendments to it have been adopted to prevent unsafe or hazardous building conditions. The City's building codes are reasonable and would not adversely affect the ability to construct housing in Cupertino. The City's code enforcement program is an important tool for maintaining the housing stock and protecting residents from unsafe or unsightly conditions. The Code Enforcement Division is responsible for enforcing the provisions of the Cupertino Municipal Code and various other related codes and policies. Code Enforcement Division staff work to achieve compliance through intervention, education, and enforcement, partnering with the community to enforce neighborhood property maintenance standards. Code Enforcement staff investigate and enforce City codes and State statutes based on complaints received. Violation of a code regulation can result in a warning, citation, fine, or legal action. If a code violation involves a potential emergency, officers will respond immediately; otherwise, Code Enforcement staff responds to complaints through scheduled inspections. The City has had to declare only Housing Commission Attachment B A-93 2040 GENERAL PLAN City of Cupertino three units unfit for human occupancy since 2007 and most complaints are resolved readily. Code Enforcement activities are not considered a constraint to development of housing in Cupertino. Constraints for Persons with Disabilities California Senate Bill 520 (SB 520), passed in October 2001, requires local housing elements to evaluate constraints for persons with disabilities and develop programs which accommodate the housing needs of disabled persons. Procedures for Ensuring Reasonable Accommodation Both the federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on cities and counties to make reasonable accommodations in their zoning and land use policies when such accommodations are necessary to provide equal access to housing for persons with disabilities and do not impose significant administrative or financial burdens on local government or undermine the fundamental purpose of the zoning law. Reasonable accommodations refer to modifications or exemptions to particular policies that facilitate equal access to housing. Examples include exemptions to setbacks for wheelchair access structures or to height limits to permit elevators. The City of Cupertino adopted an ordinance in April 2010 for people with disabilities to make a reasonable accommodations request. Chapter 19.25 provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act. Zoning and Other Land Use Regulations In conformance to state law, licensed residential care facilities for six or fewer residents are permitted by right A•94 Housing Commission Attachment B Housing Element Technical Report Appendix B in all residential districts (including A, A-1, R-1, R-2. R-3, RHS, R-1 C). Licensed small group homes are not subject to special development requirements, policies, or procedures which would impede such uses from locating in a residential district. Furthermore, small group homes (with six or fewer persons) with continuous 24-hour care are permitted by right in all residential districts, as are transitional and supportive housing. Large group homes (with more than six residents) are conditionaily permitted uses in the R-1 District, subject to Planning Commission approval. The Zoning Ordinance contains a broad definition of family.A family means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. Families are distinguished from groups occupying a hotel, lodging club, fraternity or sorority house, or institution of any kind. This definition of family does not limit the number of people living together in a household and does not require them to be related. Building Codes and Permitting The City's Building Code does not include any amendments to the California Building Code that might diminish the ability to accommodate persons with disabilities. Below Market Rate Mitigation Program The City's BMR Residential Mitigation Program requires all new residential developers to either provide below market rate units or pay a mitigation fee, which is placed in the City's Below Market-Rate (BMR) Affordable Housing Fund (AHF). The BMR Mitigation Program is based on a nexus study prepared by the City that demonstrated that all new developments create a need for affordable housing. Under this program, developers of for-sale housing where units may be sold individually must sell at least 15 percent of Housing Commission Attachment B A-95 2040 GENERAL PLAN City of Cupertino units at a price affordable to median- and moderate-income households. Projects of seven or more units must provide on-site BMR units. Developers of projects of six units or fewer can either build a unit or provide pay the Housing Mitigation fee. To be consistent with recent court decisions and the State Costa-Hawkins Act regarding rent control, the City modified the BMR Mitigation Program so that developers of market- rate rental units, where the units cannot be sold individually, pay the Housing Mitigation fee to the Affordable Housing Trust Fund. In 2014, the fee was $3.00 per square foot on residential. The BMR Office and Industrial Mitigation Program also acknowledges housing needs created by the development of office and industrial projects and provide fees to support the development of affordable housing. In 2014, the fee was $6.00 per square foot on office/industrial, hotel, and retail, and 3.00 per square foot in the Planned Industrial zone.4 Although concerns exist that inclusionary housing programs like Cupertino's BMR Mitigation Program may constrain production of market rate homes, studies have shown evidence to the contrary. The cost of an inclusionary housing requirement must ultimately be borne by either: 1) developers through a lower return, 2) landowners through decreased land values, or 3) other homeowners through higher market rate sale prices. In fact, the cost of inclusionary housing and any other development fee "will always be split between all players in the development process."S FF FF However, academics have pointed out that, over the long term, it is probable that landowners will bear most of the costs of inclusionary housing, not other 4 The housing mitigation fee is updated periodically. Developers should check with the Community Development Department for the most current fee amount. 5 W.A.Watkins. "Impact of Land Development Charges." Land Economics 75(3). 1999. A-96 Housing Commission Attachment B Housing Element Technical Report Appendix B homeowners or the developer.b In addition, a 2004 study on housing starts between 1981 and 2001 in communities throughout California with and without inclusionary housing programs evidences that inclusionary housing programs do not lead to a decline in housing production. In fact, the study found that housing production actually increased after passage of local inclusionary housing ordinances in cities as diverse as San Diego, Carlsbad, and Sacramento.� Recognizing the need for a financially feasible program that does not constrain production, some jurisdictions allow developers to pay a fee for all units, regardless of project size. As discussed previously, Cupertino's BMR Mitigation Program requires large for-sale developments (with seven or more units) to provide units. A 2009 courtcase (Palmer v. the City of Los Angeles) has resulted in cities suspending or amending the portion of their Housing Mitigation program requiring affordable units to be included in market rate rental developments. There also have been a number of court cases related to affordable housing requirements (decided and those that are still being litigated). Due to uncertainty regarding the legal standard applicable to affordable housing requirements, the Governor vetoed an Assembly Bill (AB 1229) which aimed to reverse the decision in the Palmer case. Currently pending in the California Supreme Court is a challenge to the City of San Jose's inclusionary ordinance. The Building Industry Association asserts that all programs requiring affordable housing, whether for sale or for rent, must be justified by a nexus study showing that the affordable housing requirement is "reasonably related" b Mallach,A."Inclusionary Housing Programs: Policies and Practices." New Brunswick, NJ:Center for Urban Policy Research, Rutgers University. 1984. Hagman, D. "Taking Care of One's Own Through Inclusionary Zoning: Bootstrapping Low- and Moderate-Income Housing by Local Government," Urban Law and Policy 5:169-187. 1982. Ellickson, R. 1985. "Inclusionary Zoning:Who Pays?" Planning 51(8):18-20. 7 David Rosen. "Inclusionary Housing and Its Impact on Housing and Land Markets." NHC Affordable Housing Policy Review 1(3).2004. Housing Commission Attachment B A-97 2040 GENERAL PLAN City of Cupertino to the impacts of the project on the need for affordable housing. In a previous California Supreme Court case, Sterling Park v. City of Palo Alto, the Court ruled that affordable housing requirements were a type of exaction that could be challenged under the protest provisions of the Mitigation Fee Act. The City of Cupertino has long justified its Housing Mitigation program as based on the impacts of market rate housing on the need for affordable housing and continues to require rental housing developments to pay a mitigation fee. However, the fee is based on an older nexus study. The City intends to update its nexus study on the BMR mitigation fees by the end of 2016 to determine appropriate housing mitigation fees (HE-Strategy 8). Park Impact Fees The City assesses park impact fees for new residential development. The fee ranges from $8,100 per unit of high density residential development(at 20 dwelling units per acre or more) and for apartments with ten or more units to $15,750 per single-family unit (where the density is 0 to 5 units per acre). Park impact fees for senior/elderly housing is $4,500 per unit. Cupertino's park fees are comparable to or lower than similar requirements established in other Santa Clara County jurisdictions. Mountain View and San Jose require park land dedication or the payment of a park in-lieu fee. The in-lieu fee in both cities is based on fair market value of the land. San Jose's park fees for single-family detached units ranged from approximately $15,000 to $38,550, depending on building square footage and the area of the city. Park fees for multi-family units in San Jose ranged from $7,650 to $35,600, depending on location and the size of the development. In Mountain View, park in-lieu fees are approximately $25,000 for each residential unit, A-98 Housing Commission Attachment B Housing Element Technical Report Appendix B depending on the value of the land. The City of Palo Alto's park dedication requirements vary depending on whether the project involves a subdivision or parcel map, and also depending on the size of the unit. Palo Alto collects $10,638-$15,885 per single-family unit and $3,521-$6,963 per multi-family unit. Fees and Exactions Like cities throughout California, Cupertino collects development fees to recover the capital costs of providing community services and the administrative costs associated with processing applications. New housing typically requires payment of school impact fees, sewer and water connection fees, building permit fees, wastewater treatment plant fees, and a variety of handling and service charges. Typical fees collected are outlined in Table 4.4. The tota) cost of permits, city fees, and other professional services fees (such as project-specific architecture and engineering designs and schematics) has been estimated to equate to 20 percent of construction costs, or approximately 10 percent of total project costs. The Bay Area Cost of Development Survey 2010-201 1 conducted by the City of San Jose surveyed six jurisdictions in the region with sample development projects to determine associated entitlement, construction, and impact fees. For a multi-family development, total fees identified by this survey ranged from $4,841 per unit for the County of Santa Clara to $42,183 per unit for the City of Palo Alto. These fees have likely increased since the time of the survey, and therefore a conservative indication that Cupertino's fees (estimated at $20,275 for a similar building type) are consistent with, and often less than, fees in surrounding jurisdictions. Housing Commission Attachment B A-99 2040 GENERAL PLAN City of Cupertino � � -:, . ,; m . , �a�, , . � _ a� • - • i ..:. ' .�a '�.,,.,. � . . . .:. t 1 .�,..,._�m�� ...<,,,�.,.�...�.M.,.....�.�., .,..., a� ��,. ._... ,N� L,,.e,.w Q�.'pfi;�k&�taa Sanitary Connection $�6 permit fee or $77.50 with Permit (d) backflow plus additional $300 $376 $378 $378 inspection fee Fees based on construction Water Main Existing costs with large variation depen- $7 000 $6,900 $2,300 Facilities Fee (e) dent on fire safety requirements and size of water line. Parcel Map (1-4 lots)- $7,461 N/A N/A N/A Planning Fee Tract Map (> 4 lots) - $15,974 $1,597 $1,597 N/A Planning Fee Residential Design Review/Architectural $2,400/$7,461 $2,400 $746 $149 and Site Approval Development Permit $15,974 $1,597 $1,597 $319 Fee Parcel Map (1-4 lots) - $4,254 N/A N/A N/A Engineering Fee Tract Map (> 4 lots) - $g,g31 $883 $883 N/A Engineering Fee Engineering Plan $736 $368 $124 Review Fee Grading Permit Fee $750 $350 $601 Master Storm Varies $906 $555 $378 Drainage Area Fee Storm Management $715 $71.50 $71.50 $71.50 Plan Fee Park Impact Fee Varies by density $15,750 $9,000 $8,100 Housing Mitigation $3.00/ Sq. Ft. $6,000 $4,800 $4,200 In-Lieu Fee Cupertino Union $2.02 / Sq. Ft. $4,040 $3,232 $2,828 School District Fee Fremont Union High $1.34/ Sq. Ft. $2,680 $2,144 $1,876 School District Fee Plan Check and Inspection $655 $655 $655 $655 (Engineering) Building Permit Fee (f) Based on scope of project $7,409 $6,473 $2,121 Tota l $52,851 $39,750 $24,101 Notes: (a)Fees estimated for a 3,150 square foot, 3 bedroom home in a 10 unit subdivision with 7,000 sq. ft. lots over 2 acres. (b)Fees estimated for a 2,200 square foot,3 bedroom/2.5 bathroom townhouse in a 10 unit subdivision over one acre. (c)Fees estimated for a 50 unit apartment development with 1,680 gross square foot(1,400 net),2 bedroom apartment units over 2.2 acres (d)Average of fees charged in the four Cupertino Sanitary District zones. (e)Connectiom fee for San Jose Water, which serves the largest area of Cupertino. Cal Water and Cupertino Municipal also serve parts of the City. (fl Includes all fees payable to the Building Department. Includes Plan check and standard inspection fees, and Construction Tax. Sources:City of Cupertino,2014;San Jose Water,2014;Cupertino Sanitary District,2014;MIG 2014 A-100 Housing Commission Attachment B Housing Element Technical Report Appendix B Permit Processing The entitlement process can impact housing production costs, with lengthy processing of development applications adding to financing costs, in particular. Planning Commission and City Council Approvals The Planning Commission and City Council review applications for zoning amendments and subdivision approvals. The Planning Commission holds a public hearing about proposed zoning changes or subdivisions and makes a recommendation to the City Council to approve, conditionally approve, or deny the application. Upon receipt of the Planning Commission's recommendation, the City Council holds a public hearing before making a final decision on the proposed zoning change or subdivision. Local developers have noted that the entitlement process in Cupertino can be a time consuming and protracted process. While the active populous may add complexity to the entitlement process, Cupertino values public outreach and is committed to development of community leadership, local partnerships, an active populace and making government more accessible and visible to residents. Design Review Cupertino has not adopted citywide residential design guidelines. However, all Planned Development Zoning Districts, the R1 District, RHS District, the Heart of the City Specific Plan Area, and the North De Anza Boulevard Conceptual Plan Area are subject to design guidelines. These design guidelines pertain to features such as landscaping, building and roof forms, building entrances, colors, outdoor lighting, and building materials. The design guidelines are intended to ensure development is consistent with the existing neighborhood character and do are Housing Commission Attachment B A-101 2040 GENERAL PLAN City of Cupertino generally not considered significant constraints to housing production. The Heart of the City Specific Plan design guidelines are intended to promote high-quality private-sector development, enhance property values, and ensure that both private investment and public activity continues to be attracted to the Stevens Creek Boulevard Special Area. Design guidelines promote retention and development viability of single-family residential sized lots in the transition area between Stevens Creek Boulevard fronting development and single-family neighborhoods. The City requires design review for certain residential developments to ensure that new development and changes to existing developments comply with City development requirements and policies. These include: ■ Variances in the R-1 District ■ Two-story residential developments in the R-1 District where second floor to first floor area ration is greater than bb percent and/or where second story side yard setback(s) are less than 15 feet to a property line ■ Two-story addition, new two-story home, and/or second story deck in the R1-a zone ■ Any new development or modifications in planned development residential or mixed-use residential zoning districts, ■ Single-family homes in a planned development residential zoning district ■ Modifications to buildings in the R1C or R-2 zoning districts ■ Signs, landscaping, parking plans, and modifications to buildings in the R-3 zoning district A-102 Housing Commission Attachment B Housing Element Technical Report Appendix B The City has detailed Two-Story Design Principles incorporated in the R-1 District. These design principles help integrate new homes and additions to existing homes with existing neighborhoods by providing a framework for the review and approval process. Two-story homes with a second story to first floor ratio greater than 66 percent and homes with second story side setbacks less than 15 feet must offset building massing with designs that encompass higher quality architectural features and materials. Design Review may occur at the Staff or Design Review Committee level, depending on the scope of the project. Staff and the Design Review Committee, consisting of the Planning Commission Vice Chair and one other Planning Commissioner, consider factors such as building scale in relation to existing buildings, compliance with adopted height limits, setbacks, architectural and landscape design guidelines, and design harmony between new and existing buildings to determine design compliance. Processing Time Table 4.5 presents the typical permit processing time for various approvals in Cupertino. As shown, actions requiring ministerial review are usually approved within two to four weeks. Other approvals have longer processing time frames. Developments requiring multiple approvals involve joint applications and permits that are processed concurrently. All approvals for a particular project are reviewed in a single Planning Commission and/or City Council meeting. The typical permit processing times in Cupertino are similar to or lower than those in other jurisdictions and do not pose a major constraint to new development in the City. Housing Commission Attachment B A-103 2040 GENERAL PLAN City of Cupertino • �< , , � �r, '�er� c�,�. �:� �w . . . .,, , � � ;�:�� ,. �; _ ;a � •• • �"� • . , �,, .; Ministerial Review 2-4 weeks Two-Story Residential Permit 2-3 months Conditional Use Permit 2-4 months Zoning Change 4-b months General Plan Amendment 4-6 months Architectural and Site Review 2-4 months Design Review 2-3 months Tentative or Parcel Map 2-4 months Initial Environmental Study 2 months Negative Declaration 3-6 months Environmental Impact Report 9-15 months Notes: (a)Processing time accounts for time involved in the preliminary consultation and/or conceptual review phase Applications for multiple approval types may be processed concurrently. Processing time would depend on time required to prepare environmental documents.Sources:City of Cupertino,2014 Cupertino is able to process applications in a timely manner because City staff works closely with applicants during a pre-application process. The pre-application is free of charge and its duration may vary depending on the completeness and/or the complexity of the project. Typical pre-application process may consist of the following: ■ Initial preliminary consultation with property owners/ developers to go over project objectives and City development standards ■ Submittal and review of conceptual development plans ■ Preliminary consultations with relevant City departments (i.e., Fire, Building, Public Works) as deemed necessary ■ Submittal and review of pre-submittal materials and final plans A-104 Housing Commissio� Attachment B Housing Element Technical Report Appendix B i i � • , , ;�'�� .,�....::...... .��. o ..s,�� g�� 'i�'�'` ,.: � .� .. �. ... � . ,,.r: .„ r �t� �j��?"`��r e g�*�:{ � • • Single-Family One-Story Building Permit 2-4 weeks (No Planning Permit required) One-Story(Minor Residential or Minor Residential Permit/ R1 Exception 1-2 months Exception Permit required) Two-Story Two-Story Permit 2-3 months Residential Hillside (no Building Permit 2-6 weeks Exception) Residential Hillside (with Hillside Exce tion 2-3 months Exception) P Subdivision < 5 units Tentative Parcel Map 2-3 months > 5 units Tentative Subdivision Map 3-4 months Multi-Family— R2, R3 No re-zoning Development Permit, Architectural Site 2_3 months Approval <5 parcels Tentative Parcel Map 2-3 months >_5 parcels Tentative Subdivision Map 3-4 months Rezoning Application Development Permit, Architectural Site Re-zoning Approval 4-6 months Tentative or Parcel Map (depending on number of parcels) Multi-Family— PD Development Permit No re-zoning Architectural Site Approval 3-4 months Tentative or Parcel Map Zoning change Development Permit Re-zoning 4-6 months Architectural Site Approval Tentative or Parcel Map *May vary based on on level of Environmental Review required. Housing Commission Attachment B A-105 2040 GENERAL PLAN City of Cupertino Table 4.6 summarizes the typical approvals required for various housing types. One-story single-family homes in properly zoned areas do not require approvals from the Community Development Department. However, two-story single-family homes require a two-story permit, which are approved by the Director of the Community Development Department and take two to three months to process. Residential subdivisions require a tentative parcel map or tentative subdivision map, depending on the number of units in the development, and take two to four months to receive approvals. Multi-family residential developments in R3 or Planned Development (PD) Districts are typically approved in two to four months. Building Permit Standard plan check and building permit issuance for single-family dwellings in Cupertino takes approximately 10 business days. Plan checks for large additions, remodels, and major structural upgrades for single-family homes are also processed within 10 days. If a second review is necessary, the City will take approximately five business days to complete the review. Prior to the final building permit inspection for two-story additions and new two-story homes, applicants must submit a privacy protection plan, which illustrates how views into neighboring yards second story windows will be screened by new trees and/or shrubs. The plan check process may take longer for projects which entail off-site street improvements. Over-the-counter plan checks are available for small residential projects (250 square feet or less). Building Department staff typically review these projects in less than 30 minutes during normal business hours. In addition, an express plan check is offered for medium-sized residential projects (500 square feet or less) and takes approximately five days. Plan review can take from four weeks to several A-106 Housing Commission Attachment B Housing Element Technical Report Appendfx B months for larger projects, depending on the size. Examples of this type of plan check include apartments and single-family residential subdivisions over 10 units. Cupertino's building permit procedures are reasonable and comparable to those in other California communities. Tree Preservation The City of Cupertino has a Protected Tree Ordinance that is intended to preserve trees for their environmental, economic and aesthetic importance. The City seeks to retain as many trees as possible, consistent with the individual rights to develop, maintain, and enjoy their property. The ordinance protects heritage trees, which are identified as significant for their historic value or unique characteristics, and certain trees that have a minimum single-trunk diameter of 10 inches or a minimum multi-truck diameter of 20 inches when measured at 4.5 feet from natural grade. These trees include native oak tree species, California Buckeye, Big Leaf Maple, Deodar Cedar, Blue Atlas Cedar, Bay Laurel or California Bay, and Western Sycamore trees. Trees protected by this ordinance may not be removed from private or public property without first obtaining a tree removal permit. Applications for tree removal permits are reviewed by the Community Development Director. The Director may approve, conditionally approve, or deny applications. In some cases, the City may require tree replacement as a condition of permit approval. Because a large share of residential development in Cupertino involves infill development involving demolition and replacement, building footprints are often already in place and tree preservation issues do not often arise as a major concern to developers. Housing Commission Attachment B A-107 2040 GENERAL PLAN City of Cupertino 4.2 Economic and Market Constraints In addition to governmental constraints, non-governmental factors may constrain the production of new housing. These could include economic and market related conditions such as land and construction costs. Availability of Financing While the housing market has rebounded since the recession that began in 2008, many developers still face difficulty securing project financing. In interviews completed as part of the Housing Element update process in 2013, it was stated that small developers in particular still have trouble, and some lenders do not understand how to finance mixed-use development. Project Funding In stakeholder interviews in late 2013, affordable housing developers and service providers discussed the hardships caused by the dissolution of the Redevelopment Agencies. This action eliminated a major source of funding for affordable housing, and that these funds have not yet been replaced by other tools. Federal and state funding sources (including Sections 202 and 811) have been eliminated or reduced so there is greater reliance on local sources. Land Availability and Costs Land costs in Cupertino are very high due to high demand and extremely limited supply of available land. Cupertino has seen a number of smaller detached infill housing projects where single-family homes are constructed on remnant lots or lots that have previously been developed with older homes. Multi-family development often requires lot consolidation and/or removing existing uses. A review of available real estate listings indicated one residentially zoned vacant property for sale as of May2014. This 0.22 acre property is zoned P(R-3) and had a listed price of A-108 Housing Commission Attachment B Housing Element Technical Report Appendix B $1,095,000. Based on this listing, an acre of residentially zoned land could be listed at close to $5 million. Construction Costs Construction costs vary significantly depending on building materials and quality of finishes. Parking structures for multi-family developments represent another major variable in the development cost. In general, below-grade parking raises costs significantly. Soft costs (architectural and other professional fees, land carrying costs, transaction costs, construction period interest, etc.) comprise an additional 10 to 40 percent of the construction and land costs. Owner-occupied multi-family units have higher soft costs than renter-occupied units due to the increased need for construction defect liability insurance. Permanent debt financing, site preparation, off-site infrastructure, impact fees, and developer profit add to the total development cost of a project. Construction costs run about $100 per square foot for Type 5 construction (wood and stucco over parking) for multi-family units and $110 per square foot for single family units8. Residential developers indicate that construction costs in the Bay Area may far exceed these national averages, and can reach $200 per square foot for larger (four- to six-story) developments. Key construction costs have risen nationally in conjunction with economic recovery and associated gains in the residential real estate market. Figure A-F illustrates construction cost trends for key materials based on the Producer Price Index, a series of indices published by the U.S. Department of Labor Bureau of Labor Statistics that measures the sales price for specific commodities and products. Both steel and lumber prices have risen sharply since 2009, as have finished construction products. 8 International Code Council Building Valuation Data for Type V construdion, February 2014 Housing Commission Attachment B A-109 2040 GENERAL PLAN City of Cupertino Figure A-E Producer Price Index for Key Construction Costs Producer Price Index: Steel and Lumber '40 x .� 20 c — '00 a� •L 80 Steel a �, 60 —Lumber U � 40 0 � 20 .00 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Year Producer Price Index: Steel and Lumber 240 � 220 � c 200 v 180 Steel �L a 160 —Lumber a� 3 140 � 0 120 � � 100 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Year Source:U.S. Department of Labor, Bureau of Labor Statistics,2014;MIG,2014 A-110 Housing Commission Attachment B Housing Element Technical Report Appendix B 4.3. Environmental, Infrastructure & Public Service Constraints Environmental Constraints The majority of Cupertino land area has been urbanized and now supports roadways, structures, other impervious surfaces, areas of turf, and ornamental landscaping. In general, urbanized areas tend to have low to poor wildlife habitat value due to replacement of natural communities, fragmentation of remaining open space areas and parks, and intensive human disturbance. There are no significant wetland or environmental resource issues of concern that would constrain development in areas designated for residential development in Cupertino. Roads Due to the urbanized nature of Cupertino, existing roads are in place to serve the potential infill residential development identified in this Housing Element. The amount of traffic or congestion on a roadway is measured in terms of Level of Service (LOS) ranging from A to F, with A representing intersections that experience little or no congestion and F representing intersections with long and unacceptable delays. Cupertino has established a policy of maintaining a minimum of LOS D for major intersections during the morning and afternoon peak traffic hours, with some exceptions. The LOS standard for the Stevens Creek and De Anza Boulevard intersection, the Stevens Creek and Stelling Road intersection, and the De Anza Boulevard and Bollinger Road intersection is LOS E+. The environmental assessment of individual residential projects considers any associated traffic impacts. If the study finds that the project could cause an intersection to deteriorate, mitigation may be required. This usually consists of improvements to adjacent roads and intersections, but may also include changes to the number Housing Commission Attachment B A-1 1 1 2040 GENERAL PLAN City of Cupertino of units in the project, or to site design and (ayout. However, SB 743, signed into law in 2013, started a process that could fundamentally change transportation impact analysis as part of CEQA compliance. These changes will include the elimination of auto delay, level of service (LOS), and other similar measures of vehicular capacity or traffic congestion as a basis for determining significant impacts in many parts of California (if not statewide). As such, potential costs to new development associated with roadway mitigation may be reduced or eliminated. Water Two water suppliers provide service to the City: the California Water Company and the San Jose Water Company. The San Jose Water Company also has a lease agreement to operate and maintain the City of Cupertino's water system until 2022. Both of these providers derive the vast majority of their water from the Santa Clara Valley Water District. According to the 2014 General Plan Amendment and Housing Element EIR, California Water Company and San Jose Water Company have sufficient water supplies to accommodate increased growth associated with the GPA and Housing Element under normal, single dry, or multiple dry years. Future development associated with the Housing Element would be located within already developed urban areas and would therefore connect to an existing water distribution system. No new water treatment facilities or the expansion of existing facilities would be required to accommodate the RHNA. Wastewater Cupertino Sanitary District (CSD) serves as the main provider of wastewater collection and treatment services for Cupertino, while the City of Sunnyvale serves a small portion of the Cupertino Urban Service area on the A-11 2 Housing Commission Attachment B Housing Element Technical Report Appendix B east side of the city. The City of Sunnyvale Wastewater Treatment Plant has a daily treatment capacity of 29 mgd capacity, of which approximately 15 mgd are being utilized in 2014. The CSD has a contractual treatment allocation with the San Jose/Santa Clara Water Pollution Contro) Plant of 7.85 million gallon per day (mgd), on average. Current wastewater flow to San Jose/Santa Clara Water Pollution Control Plant is 5.3 mgd. The CSD prepared a flow capacity analysis in 2008 and determined that 0.6 mgd capacity remained for development beyond that previously allocated and planned for under the General Plan. The 2014 General Plan Amendment and Housing Element EIR identifies this as a significant and unavoidable impact, as the combined 2014 project would generate an estimated 1.45 mgd of wastewater flows upon buildout, resulting in a deficit of 0.85 mgd beyond the current contractually available treatment capacity. However, both the SJ/SCWPCP and City of Sunnyvale treatment plants have excess capacity that could potentially treat new wastewater flows associated with development pursuant to Housing Element policy. With regard to sewer capacity, some capacity deficiencies exist in certain areas of Cupertino, including sewer lines serving the City Center area and lines on Stelling Road and Foothill Boulevard. To accommodate wastewater from major new developments, the lines running at or new capacity in these areas will have to be upgraded. Under current practice, the CSD requires developers of substantial projects to demonstrate that adequate capacity exists, or to identify and fund the necessary mitigations. CSD is, as of 2014, performing a capacity analysis of their entire collection system. Improvements required to mitigate system deficiencies as well as to accommodate future development will be identified and added to their Capital Improvement Program (CIP). Capacity fees will then be developed to fund the CIP. New development that Housing Commission Attachment B A-11 3 2040 GENERAL PLAN City of Cupertino increases wastewater transmission and treatment demand would be required to contribute towards system capacity enhancement improvements through payment of the capacity fee. In this manner, CSD would be responsible for upgrading their system rather than placing the responsibility on the developers of the largest wastewater generators, as is currently the case. If and when this fee is developed and implemented, it will create a more reliable and equitable mitigation for new development. Storm Drainage Cupertino's storm drain system consists of underground pipelines that carry surface runoff from streets to prevent flooding. Runoff enters the system at catch basins found along curbs near street intersections and is discharged into City creeks. The capacity of the storm drain facilities within Cupertino was evaluated and documented in the 1993 Storm Drain Master Plan, which identifies the areas within the system that do not have the capacity to handle runoff during the 10-year storm event, which is the City's design standard. The City requires that all new developments conform to this standard. Open Space Cupertino's General Plan outlines a policy of having parkland equal to three acres for every 1,000 residents. Currently, Cupertino has approximately 162 acres of parkland. Future development in Cupertino would increase the need for new park land. The General Plan identified an additional 49 acres of potential neighborhood and community parks, which would be more than enough to maintain the standard of three acres for every 1,000 residents. In addition, Cupertino's park impact fees of $8,100 to $15,750 per unit would generate funding for the City to purchase new parkland and maintain existing recreational resources. A-1 1 4 Housing Commission Attachment B Housing Element Technical Report Appendix B Community Acceptance Other constraints to housing production in the City include community acceptance, specifically concerns about impacts on the school districts, traffic, and parks. In particular, neighbors have indicated resistance to the development of buildings taller than two stories. Density and height are more acceptable if buildings are well designed and along corridors or adjacent to higher-density development. In 2013 interviews, many stakeholders indicated that multi- family projects tend to generate community opposition and that there is some general fear of growth and increased density in the City. Opposition from the community tends to increase with the size and height of the project, as well as the proximity to existing single-family neighborhoods. To facilitate residential development and meet the RHNA for this fifth cycle update, the City conducted an extensive community outreach process to identify appropriate and feasible sites for residential and mixed use development over the next eight years. One of the objectives of this process is to address community concerns. Schools Cupertino Union School District (CUSD) and Fremont Union High School District (FUHSD) are among the best in the state. In addition, a portion of the City, in the northeast corner, is also served by the Santa Clara Unified School District. Residents are particularly concerned about the impacts of new housing on schools. However, State law (Government Code Section 65995[3][h�) provides that payment of school impact fees fully mitigates impacts, and as such, the City's ability to require additional mitigation is limited by State law. CUSD is a rapidly growing school district. Enrollment has increased every year during the last decade, increasing Housing Commission Attachment B A-1 1 5 2040 GENERAL PLAN City of Cupertino from 15,575 in the fall of 2001 to 19,058 in the fall of 2013. CUSD serves students from Cupertino and parts of San Jose, Sunnyvale, Saratoga, Santa Clara, and Los Altos at 20 elementary schools and five middle schools. Approximately 44 percent of CUSD's students reside in Cupertino. In total, 3,325 CUSD students (17 percent of total enrollment) attend schools other than the school of their attendance area. FUHSD served 10,657 students from Cupertino, most of Sunnyvale and parts of San Jose, Los Altos, Saratoga, and Santa Clara. The Santa Clara District is a medium size district; as a unified district its 15,394 students are spread from kindergarten through high school. Operating Costs and Finances Most of CUSD revenues are tied to the size of enrollment. The State Department of Education guarantees CUSD a certain level of operations funding known as the "revenue limit." The Revenue Limit is established annually by the State based on the District's average daily attendance (ADA). The revenue limit is composed of State funding and local property tax revenues. If the District's property tax revenufalls below the revenue limit in any given year, the state will increase its contribution to make up the difference. CUSD therefore relies on gradual, steady increases in enrollment to maintain its financial health over time. Because the revenue limit makes up the majority of CUSD revenues, and this limit is tied directly to enrollment, the District needs predictable, ongoing student growth to keep up with costs. Declines in enrollment would require the District to cut costs. The 2013-2014 school year operating budget was $155.6 million. With the total of 19,053 enrolled students districtwide, the operating cost per student for the school year was approximately $8,167. In contrast, FUHSD relies on property taxes for most of A-116 Housing Commission Attachment B Housing Element Technical Report Appendix B its revenue. FUHSD receives property taxes in excess its revenue limit. FUHSD keeps these additional revenues for operations. As a result, the state does not provide annual per-ADA funding. Therefore, FUHSD counts on a growing property tax base to keep up with costs and maintain per-student funding. New development helps promote a healthy tax base over time. Multi-family development can be particularly beneficial to the tax base, generating higher revenues per acre than single-family homes. This translates into more revenue for FUHSD. The FUHSD's operating budget for the school year 2013-2014 was $115 million. With the total of 10,657 students enrolled, operating cost per student was approximately $10,800. � • � • • � • � , �, �e,� x, ,�� Value per Unit (a) $822,500 $1,550,000 Density(Units/Acre) 20 5 Total Value/Acre $16,450,000 $7,750,000 Property Taxes to FUHSD $27,965 $13,175 per Acre (b) Notes: (a)Median sales prices from July 2013 to June 2014 (b)FUHSD receives approximately 17%of 1%of assessed value. Source:School House Services,2014. Moreover, property taxes from new multi-family housing can exceed the cost to FUHSD to serve students. Table 4.8 illustrates this point, using previously built projects as examples. Nonetheless, FUHSD stresses that the impacts of new residential development should be evaluated on a case-by-case basis to mitigate any undue effects on the District. Housing Commission Attachment B A-117 2040 GENERAL PLAN City of Cupertino • • � • � • # • • � � � "��': .� � � i • •' � - •-ce ''� . rz�i ur1j��-:r ac ,,..,,„�i��.. Irw ��Y FUHSD REVENUE Assessed Value of Dev't $ 113,486,674 $ 38,480,698 $ 25,106,837 $ 65,788,586 $ 116,329,797 Property Tax Revenue (a) $ 252,958 85,745 $ 57,086 $ 145,477 $ 258,480 FUHSD COSTS Number of Students in � �� 2 6 13 Dev't Cost to Serve Students $ 75,600 183,60 $ 21,600 $ 64,800 $ 140,400 (b) NET SURPLUS/(DEFICIT) $ 177,358 (97,855) $ 34,486 $ 80,677 $ 118,080 Notes: (a)Percentage of base 1.0 percent property tax FUHSD receives(after ERAF shift)in TRA 13-003: 17% (b)FUHSD Operating Cost per Student, FY 13-14:$10,800 Sources:Santa Clara County Assessor, Enrolment Projections Consultants,School House Services,2014. Enroliment and Facilities Each of the local school districts expects to continue growing over the next 10 years. CUSD and FUSD project that a total of 1,321 new housing units would be built in Cupertino in the years 2014 through 2023, and expects enrollment to grow accordingly. It is important to note that this growth comes from the other cities that the districts serve, in addition to Cupertino. Cupertino-based students comprise about 60 percent of enrollment in each district. In addition to this housing growth, the recent surge in enrollment at CUSD has been primarily in the younger grades and these larger classes are now entering middle school. Accordingly, by 2020 high school enrollment at FUSD is projected to increase by over 1,000 students. SCUSD anticipates a 13 percent increase in enrollment by 2023. A-11 8 Housing Commission Attachment B Housing Element Technical Report Appendix B Figure A-F Enrollment Projections, 2008-2013, CUSD and FUHSD 25,000 20,000 _ _ _ _ 19,346 15,000 . 11,654 �_CUSD 10,000 � �'�"FUSD 5,000 � 0 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 The districts will continue to use their facilities efficiently to accommodate projected growth. CUSD and FUHSD report that their ability to absorb new students is not unlimited, and rapid growth does pose a challenge. However, they will strive to make space and maintain student-teacher ratios through creative solutions such as relocating special programs, adjusting schedules, selectively using modular classrooms, and other approaches. In addition, FUHSD is developing a plan to dedicate the $198 million raised from Measure B (authorized in 2008) for facility improvements. These include athletic facilities, solar power, IT systems, infrastructure, classrooms, labs, and lecture halls. The districts also augment their facilities using impact fees from new development. CUSD receives $2.02 per square foot in fees from residential development. FUHSD receives $1.34 per square foot from new residential development. Housing Commission Attachment B A-119 2040 GENERAL PLAN City of Cupertino In addition to the development impact fee, voters have approved multiple bond measures for school facility improvements. The districts can also address impacts on a case-by-case basis, establishing partnerships with home builders to construct new facilities or expand existing schools. Higher-density housing generally generates fewer students per unit. Table 4.9 illustrates this trend among recently-built projects in Cupertino. On average, the school districts report that new single-family homes and townhouses generate 0.8 K-12 students per unit, while new multi-family homes generate 0.3 K-12 students per unit. In addition, most enrollment growth comes from existing homes that are either sold or rented to families with children, not new development. Nonetheless, the districts indicate that new housing will contribute to future demand for classroom space, which the districts must address through the strategies outlined above. � • • � • • �s� p P:; .� �, �e �^ ya�. .�.,,, yCy ��1l�il�l=i+�s7la..: •W�ft%i�+(ii�' �ill=1N •��Ifl��•Il��%:� Density (Units/Acre) 96 24 30 31 Students/Unit CUSD (a) 0.22 0.26 0.29 0.33 FHUSD (a) 0.03 0.04 0.06 0.10 Total 0.25 0.30 0.35 0.43 Notes: (a)Student enrollment data as of October 2013,provided by Enrolment Projection Consultants. Sources:City of Cupertino;EPC 2014. A comprehensive analysis of school impacts was completed ' as part of the 2014 General Plan Amendment and 2015- 2023 Housing Element drafting. Four alternatives were analyzed, consistent with the Environmental Impact Report for the combined project. The existing General Plan and A-120 Housing Commission Attachment B Housing Element Technical Report Appendix B Alternative A would result in the same level of residential development. Alternatives B and C change the General Plan designation and zoning for some sites to make more units possible. The analysis presented here pertains to the portion of residential development estimated to take place between 2015 and 2023 under each growth scenario, to be consistent with the Housing Element time period. [This section to be updated subsequent to City Council decision on General Plan Alternatives.] � � � - • - • � � I , '�� . .. _ - . . . . . . ' By 2023 Number of Units Expected 1,140 1,140 1,060 1,993 CUSD Students Expected 365 365 339 638 FUHSD Students Expected 80 80 74 140 Total Students* 445 445 413 778 *SCUSD enrollment impacts are relatively small,possibly either positive or negative. The projections in Table 4.10 are based on the rates of generation of apartments built since 1995 in Cupertino, which have a relatively small number of middle and high school students in them. The largest numbers of potential units and students are in the Garden Gate and Collins elementary school attendance areas, in the Lawson Middle School area, and in the Cupertino and Monta Vista High School areas. Collins and Garden Gate Elementary Schools and Cupertino High are, or will be, among the schools with the greatest enrollment stress. The projected student enrollment from new units is a small fraction of the projected student enrollment from the existing units in the City. Housing Commission Attachment B A-1 21 2040 GENERAL PLAN City of Cupertino Capital costs to add capacity related to rising enrollment are significant, and development impact fees from residential development only cover a quarter of this cost. Table 4.11 indicates the estimated cost deficits related to needed capital improvements associated with increases in enrollment. This analysis does not include impact fee revenue from non-residential development; as such cost deficits may be somewhat overstated. [This section to be updated subsequent to City Council decision on General Plan Alternatives.] � • � � � � ��, , _.- a .�� .,A . ��',Ci'�f:_� .�,�IIV� ��II� 4' ��µ..,� By 2023 CUSD Net Capital Facilities Cost Deficit $8'76 $8.76 $8.13 $15.31 FUHSD Net Capital $4.02 $4.02 $3.71 $7.03 Facilities Cost Deficit *SCUSD receives large capital facilities and operating revenue benefits if development is significant. 4.4. Opportunities for Energy Conservation Maximizing energy efficiency and incorporating energy conservation and green building features can contribute to reduced housing costs for homeowners and renters. In addition, these efforts promote sustainable community design and reduced dependence on vehicles, and can significantly contribute to reducing greenhouse gas emissions. In addition to compliance with state regulations, the Environmental Resources/Sustainability, Land Use, and Circulation Elements of the Cupertino General Plan includes policies related to energy conservation and efficiency. In particular, the Land Use Element provides for higher-density housing in proximity to employment centers and transportation corridors and includes mixed use development where appropriate. In addition, the City A-1 22 Housing Commission Attachment B Housing Element Technical Report Appendix B is undertaking an effort to prepare a Climate Action Plan (CAP) by modifying the Regional Climate Action Plan to suit the City's needs in order to reduce greenhouse gas emissions. The CAP will meet the regulatory requirements of the California Global Warming Solutions Act, commonly known as AB 32. The Plan will include community-vetted measures to reduce greenhouse gas (GHG) emissions in the region and locally to foster a healthy and resilient Cupertino. Through extensive research and community input, the CAP will meet statewide emission mitigation targets and identify opportunities to reduce emissions that impact the local environment. The City adopted a Green Building Ordinance in 2012. The ordinance aligns with the California Green Building Standards Code (CALGreen) which sets the threshold of building codes at a higher level by requiring development projects to incorporate green building practices. Cal Green requires every new building built after January 1, 2011 to meet a certain baseline of efficiency and sustainability standards. The ordinance aims to promote green practices (e.g., water, energy and resource conservation) through the design, construction and maintenance of new buildings and existing buildings undergoing major renovations. The City's Green Building Ordinance applies to all new residential and non-residential buildings and structures, additions, renovations, and tenant improvements where CalGreen and minimum green building measures are applicable. For residential development the ordinance differentiates between smaller projects of nine or less units and large projects with more than nine units. The Ordinance requires larger development projects to earn certification per the Leadership in Energy and Environmental Design (LEED) or Green Point Rating (GPR) standards. Smaller developments must meet Cal Green's minimum thresholds as established by the state. Housing Commission Attachment B A-123 2040 GENERAL PLAN City of Cupertino Utility providers serving Cupertino also encourage energy and water conservation. The Santa Clara Valley Water District offers rebate programs that can help residents and businesses save both water and energy. Examples include rebates for high-efficiency toilets and clothes waters, converting high-water using landscape to low water using landscape, and connecting a clothes washer to a graywater irrigation system. Pacific Gas and Electric Company (PG&E) offers energy efficiency rebates to property owners and managers of multifamily dwellings that contain two or more units. The program encourages owners of existing properties to upgrade to qualifying energy-efficient products in individual tenant units and in the common areas of residential apartment buildings, mobile home parks and condominium complexes. The Housing Element contains policies and strategies to promote energy conservation. For example, the City will evaluate the potential to provide incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing projects (including both existing and new developments that have fewer than ten units) to exceed the minimum requirements of the California Green Building Code. 4.5. Summary ■ Cupertino's General Plan and Zoning Ordinance are not development constraints to new housing production. The Land Use/Community Design Element of the General Plan identifies four categories of residential use, while the Zoning Ordinance permits residential development in seven districts. ■ The Zoning Ordinance allows rotating and permanent homeless shelters in the BQ Zone under certain conditions. This Housing Element outlines a to amend A-1 24 Housing Commission Attachment B Housing Element Technical Report Appendix B the Zoning Ordinance to comply with state law. Specifically, the City will remove the condition that emergency shelter be located within an existing church structure and restrictions on the hours of operation. A requirement that a management plan shall be submitted to the City prior to shelter operation will be added. ■ The Zoning Ordinance permits farmworker housing for workers and their families whose primary employment is incidental and necessary to agricultural operations conducted on the same parcel of land on which the residences are located. This occupancy requirement is not consistent with the State Employee Housing Act, which allows farmworker housing be occupied by farmworkers not working on the property where the housing is located. The Housing Element outlines a strategy to amend the Zoning Ordinance to define farmworker housing pursuant to State law. ■ The Zoning Ordinance does not currently address the provision of employee housing. The Zoning Ordinance will be amended to identify employee housing for six or fewer employees as a residential use, pursuant to the State Employee Housing Act. ■ Site improvement, building code requirements, and permit processing time in Cupertino are comparable to surrounding communities and are not a development constraint. ■ Development fees in Cupertino are comparable to those in neighboring jurisdictions. ■ The lack of state and local funding sources for affordable housing and limited access to financing, in conjunction with the high cost and low supply of land, may constrain housing development in the near term. ■ A potential constraint to housing development is road capacity. Residential projects may be required to Housing Commission Attachment B A-1 25 2040 GENERAL PLAN City of Cupertino undertake mitigation measures if developments result in traffic impacts. ■ The stormwater drainage, water distribution, and water supply systems are adequate to accommodate anticipated growth in Cupertino and are not considered constraints to development. Wastewater treatment is reaching capacity in the area; however, existing plants have some excess capacity to treat new wastewater flows associated with development pursuant to Housing Element policy. Some sewer line capacity deficiencies also exist in certain areas of Cupertino—the Cupertino Sanitary District is in the process of assessing deficiencies and developing capacity fees intended to fund necessary improvements. ■ Capacity and fiscal impacts to the Cupertino Union School District, Fremont Union High School District and the Santa Clara Unified School District must be evaluated on a case-by-case basis. State law provides that payment of school impact fees fully mitigates impacts, and as such, the City's ability to require additional mitigation is limited by State law. ■ Community acceptance may serve as a constraint to housing development. Over the past several years, multi-family projects have been successfully opposed by residents. 5. HOUSING RESOURCES 5.1. Overview of Available Sites for Housing The purpose of the adequate sites analysis is to demonstrate that the City of Cupertino has a sufficient supply of land to accommodate its fair share of the region's housing needs during the RHNA projections period (January 1, 2014 – October 31, 2022). The Government A-1 26 Housing Commission Attachment B Housing Element Technical Report Appendix B Code requires that the Housing Element include an "inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment" (Section 65583(a)(3)). It further requires that the element analyze zoning and infrastructure on these sites to ensure housing development is feasible during the planning period. Demonstrating an adequate land supply, however, is only part of the task. The City must also show that this supply is capable of accommodating housing demand from all economic segments of the community. High land costs in the Bay Area make it difficult to meet the demand for affordable housing on sites that are zoned at relatively low densities. Pursuant to Government Code Section 65583.2(c) (3)(B), local governments may utilize "default" density standards (e.g. the "Mullen Densities") to provide evidence that "appropriate zoning" is in place to accommodate the development of housing for very-low and low-income households . The purpose of this law is to provide a numerical density standard for local governments, resulting in greater certainty in the housing element review process. Specifically, if a local government has adopted density standards that comply with the criteria provided in the law, no further analysis is required to establish the adequacy of the density standard. The default density standard for Cupertino and other suburban jurisdictions in Santa Clara County to demonstrate adequate capacity for low and very low income units is 20 dwelling units per acre or more. 5.2. Progress towards the Regional Housing Needs Allocation (RHNA) California General Plan law requires each city and county to have land zoned to accommodate its fair share of the regional housing need. Pursuant to California Government Housing Commission Attachment B A-1 27 2040 GENERAL PLAN City of Cupertino Code Section 65584, the state, regional councils of government (in this case, ABAG) and local governments must collectively determine each locality's share of regional housing need. The major goal of the RHNA is to assure a fair distribution of housing among cities and counties in the State so that every community provides for a mix of housing for all economic segments. The housing allocation targets are not building requirements; rather, they are planning goals for each community to accommodate through appropriate planning policies and land use regulations. Allocation targets are intended to assure that adequate sites and zoning are made available to address anticipated housing demand during the planning period. The RHNA for the ABAG region was adopted in July 2013. This RHNA covers an 8.8-year projection period (January 1, 2014 through October 31, 2022)9 and is divided into four income categories: very low, low, moderate, and above moderate. As determined by ABAG, the City of Cupertino's fair share allocation is 1,064 new housing units during this planning cycle, with the units divided among the four income categories as shown in Table 5.1. Since the RHNA uses January 1, 2014 as the baseline for growth projections for the 2014-2022 planning period, jurisdictions may count toward the RHNA housing units developed, under construction, or approved since January 1, 2014. Between January 1, and May 31, 2014, building permits for 14 single-family housing units and three second units were approved in Cupertino. In addition, six single-family homes and seven apartments received Planning approvals (Table 5.1). Also included in the RHNA credits are 32 second units projected to be developed within the planning period. As provided in Government Code Section 65583(c)(1)), 9 The Housing Element planning period differs from the RHNA projection period—the period for which housing demand was calculated.The Housing Element covers the planning period of January 31,2015 through January 31, 2023. A-1 28 Housing Commission Attachment B Housing Element Technical Report Appendix B in addition to identifying vacant or underutilized land resources, the City can address a portion of the RHNA through an estimate of the number of second units that may be permitted during the planning period. The City approves an average of four second units per year. Considering this track record, the City estimates that 32 second units wiil be approved over eight-year planning period. Cupertino's Zoning Ordinance permits second dwelling units on lots in Single-Family Residential (R-1), Residential Hillside (RHS), Agricultural (A), and Agricultural Residential (A-1) Districts. Permit approval and architectural review are done at the ministerial (building permit) level. Consistent with Government Code Section 65583(c)(1)) and HCD technical guidance documents, the City is applying the second unit estimate towards its moderate income RHNA. HCD has indicated that second-unit affordability can be determined by examining market rates for reasonably comparable rental properties and applying these rates to estimate the anticipated affordability of second units. A review of rental market conditions in Cupertino conducted for this Housing Element found that the average cost of a studio apartment is $1,608 and the average cost of a one- bedroom apartment is $2,237. These rental rates are in the range of moderate income rents as determined by HUD (see Table 2.15: Maximum Affordable Housing Costs, Santa Clara County, 2013). As these units are comparable in size and occupancy to second units, it is reasonable to assume that current rents for second units fall within affordability levels for one-person moderate-income households. Therefore, second units in the pipeline and the anticipated 32 second units are credited against the moderate income RHNA. Recent research in the San Francisco Bay Area suggest that that a sizable fraction of secondary units are rented to acquaintances, friends or family, in some cases for free and in other cases, for reduced rents��. This research 10 Chapple, Karen and Jake Wegmann. Understanding the Market for Secondary Housing Commission Attachment B A-1 29 2040 GENERAL PLAN City of Cupertino suggests that second units may in fact be a source of affordable housing in the City at affordability levels lower than the moderate-income level they are credited against. Applying the projected 32 second units towards the moderate income category is a conservative approach, and is consistent with State law and HCD technical guidance documents. With these credits, the City has a remaining RHNA of 1,002 units: 356 extremely low/very low-income units, 207 low- income units, 196 moderate-income units, and 243 above moderate-income units. • � . � �„� . . ,�w .��: 'u. � , �r � - " . � . - �.. : ,�,GA,,- -.,�� Y i � �' �• � •- .� s s - ��4 i I' • • :/'. • s I_ � •I s -�r , `, • �' Various Single-Family Units 14 14 (Building Permits) -�- --- --- Various Single-Family Units 6 6 (P anning Permits) --- --- --- Multi-Family Units(Planning � � Permits) Second Units Permitted ___ 3* 3 (Building Permits) --- Estimated Second Unit ___ 32* 32 Production --- Total --- --- 35 27 62 2014-2022 RHNA 356 207 231 270 1,064 RHNA Credits --- --- 35 27 62 Remaining 2014-2022 RHNA 356 207 196 243 1,002 Source:ABAG Regional Housing Needs Allocation,2014;City of Cupertino,2014 Notes: *These units do not have affordability restrictions. Market rate rents and sale prices for similar units fall within levels affordable to the households earning moderate incomes(81-120%AMI)and are allocated as such. Units in the East Bay.UC Berkeley: Institute of Urban and Regional Developmental. Oct 2012. A-1 30 Housing Commission Attachment B Housing Element Technical Report Appendix B 5.3. Genera) Plan Residential Allocations [This section to be updated subsequent to City Council decision]. Cupertino faces regional growth demands. It is also undergoing a transformation from a traditional suburban residential community to one that has more public gathering spaces, shopping and entertainment choices, and jobs within an urban core. How the City allocates growth through the General Plan is critical in determining the type of community Cupertino will be in the future. Cupertino historically has more jobs than housing. When this imbalance is multiplied across other adjacent cities, regional consequences include high housing costs, sprawl into outlying areas, congestion of the transportation system, and increased air po►lution. The General Plan's development allocation policies improve the jobs/housing balance by increasing potential housing units and decreasing non-residential square footage. The current 2005 General Plan controls the amount of commercial, office, hotel, and residential built in the city through development allocations in terms of square feet (commercial and office), rooms (hotel), and units (residential). This allocation was updated in 2014 as part of a comprehensive process that sought to replenish, re-allocate, and increase citywide office, commercial, hotel, and residential allocations in order to plan for anticipated future development activity while keeping with the community's character, goals, and objectives. Taking into account the residential projects already developed or permitted since XXX, an analysis of sites with residential potential in Cupertino indicates the potential to develop approximately XXX units of new housing within the context of the current General Plan land use allocations. [This section to be updated subsequent to City Council decision on General Plan Alternatives.] Housing Commission Attachment B A-1 31 2040 GENERAL PLAN City of Cupertino 5.4. Residential Capacity Analysis Methodology Like many cities in the Bay Area, Cupertino is largely built out. As a result, opportunities for residential units will be realized through the redevelopment of sites with existing buildings. City staff undertook a deliberate site selection process to ensure that future residential development on the sites would: 1) have community support (see description of community process below), 2) achieve community goals of affordability and walkability, and 3) create a livable envi- ronment for new residents and neighbors. To ensure this, sites were selected based on the following criteria: • Proximity to transportation corridors • Proximity (preferably within walking distance) to amenities such as schools, neighborhood services, restaurants and reta i I • Ability to provide smaller, more affordable units; sites were selected in higher density areas to achieve this • Create a livable community with the least impact on neighborhoods; sites that had the most in common with successfully developed sites were selected • Corner lot location; such parcels provide the most flexibility to accommodate mixed- use developments and avoid impeding parking and connectivity between mid- block parcels In addition to the state-wide criteria that HCD uses to determine site suitability, the Sustainable Communities Strategy/One Bay Area Plan contributed additional criteria regarding what makes a desirable housing site in the ABAG region. The One Bay Area Plan is a long-range integrated transportation and land-use/housing strategy through 2040 for the San Francisco Bay Area. The plan focuses A-1 32 Housing Commission Attachment B Housing Element Technical Report Appendix B development in Priority Development Areas (PDA) which are locally designated areas within existing communities that have been identified and approved by local cities or counties for future growth. These areas are typically acces- sible to public transit, jobs, recreation, shopping and other services, and absorb much of the growth anticipated in the region. In Cupertino, a PDA is located along Stevens Creek Boulevard between Highway 85 and the City of Santa Clara and along De Anza Boulevard between Stevens Creek Boulevard and Highway 280. Key criteria in the Sustainable Communities Strategy/One Bay Area Plan include: • Location along major transportation routes with access to transit or within '/2 mile of a Valley Transit Authority- designate PDA • Proximity to employment and activity centers • Proximity to amenities With the selection criteria in mind, City staff conducted a thorough study evaluating underutilized land in Cupertino. These parcels included residentially zoned land as well as other designations such as commercial and mixed use. Community Involvement To ensure that both community members and property owners support of the Housing Element—and sites inven- tory in particular—City staff engaged in an in-depth community involvement process. The inventory of resi- dential opportunity sites was developed in consultation with the Housing Commission, Planning Commission, City Council, and members of the public. The Housing Element and sites inventory was presented at a Planning Commission and Housing Commission joint workshop, a Housing Commission workshop, a Planning Commission Open House and Study Session, and a City Council Study Session. At each meeting, commissioners and council Housing Commission Attachment e A-1 33 2040 GENERAL PLAN City of Cupertino members, as well as members of the public, discussed the inventory. During these discussions, several sites were removed and new sites were added based on input from these various stakeholders. Decisions to add or remove sites were based on realistic expectations for sites to be redeveloped within the planning period. In addition to consultation with various community stake- holders, City staff reached out to individual owners whose properties were identified as housing opportunity sites. Each affected owner received a letter informing them that their property had been identified by the City to be included in its Housing Element as a housing opportunity site. The letter provided information about the process and the opportunity to provide feedback or express concerns. Many property owners contacted staff to discuss inclusions, but a few objected to the inclusion of their property in the sites inventory. Staff also received request from property owners to be included in the site inventory. The sites with property owner development interest were evaluated against the criteria described above. Sites that did not meet the criteria were not included in the inventory. Sites where the owner objected to inclusion were not included in the final inventory. While residential development may occur on other sites not included in this inventory, the sites ultimately included in this Housing Element are those the community believes have the most realistic chance of redeveloping into housing within the planning period. As a result of the community engagement process, the sites inventory represents a list of residential opportunity sites that the community has thor- oughly reviewed and supports. A-1 34 Housing Commission Attachment B Housing Element Technical Report Appendix B Determination of Realistic Capacity Sites inventory capacity must account for development standards such as building height restrictions, minimum set- backs, and maximum lot coverage, as well as the potential for non-residential uses in mixed-use areas. A survey of recent developments (Table 5.2) indicates that recent multi- family residential projects have built to between 82 percent and 99.5 percent of the maximum allowable density. To ensure that the sites inventory provides a "realistic capac- ity" for each site, estimates for maximum developable units on each site are conservatively reduced by 15 percent. � � • I�i'�i ' ' ''�� µµ '' - . • , ... •� �� _��. Site Area (acres) 5.9 3.24 1.6 1.0 3.3 Max. Density 35 25 35 25 35 (dwelling units per acre) Max. Developable Units 205 81 56 25 116 Actual Units Developed 204 74 46 23 107 Actual/Max. Units 99.5% 91.3% 82% 92% 92% Commercial Sq. Ft. as % 3�% 2% NA 8% 4% of Total Sq. ft. Source:City of Cupertino,2014 Housing Commission Attachment B A-1 35 2040 GENERAL PLAN City of Cupertino Because of the desirability and high value of residential property in Cupertino, developers are reluctant to include ground floor commercial space in residential buildings, even when land is zoned for mixed-use development. The City must often encourage or request that ground-floor commercial space be included in projects and commercial space typically represents a small proportion of the total development. Staff anticipates that this trend will continue, and land zoned for mixed-use will achieve residential densi- ties at or above 85 percent of the maximum with ground floor commercial space along the street frontage. This trend is evident in the three mixed-use project exam- ples that contained ground floor commercial development. The Biltmore Adjacency, Metropolitan and Adobe Terraces projects are typical mixed-use, multi-family developments in Cupertino. In both cases, the commercial component represented a small portion of the total square footage (between 2 and 8 percent). Even with the provision of ground floor commercial space, these developments were able to achieve 91 to 92 percent of the maximum allow- able residential units. The height limit of developments in most of the major transportation corridors is 45 feet at the minimum. Based on the development experiences at the completed projects described above, the density assump- tions for mixed-use residential projects at 85 percent of the maximum allowed is realistic. The assumption that sites will achieve 85 percent of the maximum allowable density is also realistic for sites that allow for a variety of uses, including 100 percent commer- cial development, in addition to residential development and mixed-use development. This is because of the high market value of available properties for residential develop- ment. As discussed above, the desirability and high value of residential property in Cupertino encourages residential or mixed-use development over exclusively commercial A-1 36 Housing Commission Attachment B Housing Element Technical Report Appendix B development. All five example projects presented above were developed in a zone that allows a mix of uses includ- ing exclusively commercial and office development, further demonstrating the strength of residential development over commercial development in Cupertino. 5.5.Residential Sites Inventory General Plan Amendment The City is in the process of preparing a General Plan Amendment (GPA) for City Council consideration, as directed by the City Council in August 2012. As part of the GPA process, three concept alternatives were established to outline different future scenarios for how and where change can occur. The alternatives were developed to respond to local and regional economic growth factors and housing needs, while also addressing community desires about the appropriate location and intensity of potential future devel- opment. The environmental review for the General Plan and Housing Element updates is being completed concurrently and will be presented in an Environmental Impact Report (EIR). To be consistent with the GPA analysis in the EIR, this sites inventory reflects property development parameters (land uses and densities allowed, for example) established in Alternative C. As the GPA process moves forward, these development parameters and sites may change. This draft sites inventory will be refined during the GPA process and as a result, capacity on the identified sites may be lower or sites may be removed altogether from the inventory. The residential sites inventory will be finalized once the GPA is adopted in the fall of 2014. [Additional text and graphics will be added here subsequent to City Council decision on General Plan Alternatives and Housing Element sites to meet the RHNA this fall.] Housing Commission Attachment B A-1 37 2040 GENERAL PLAN City of Cupertino 5.6. Adequacy of Sites for RHNA [This section to be completed with additional text subsequent to the City Council's decision on the General Plan Alternatives and the Housing Element Sites in the faII.J 5.7. Environmental Constraints [This section to be completed with additional text subsequent to the City Council's decision on the General Plan Alternatives and the Housing Element Sites in the fall.] 5.8. Availability of Site Infrastructure and Services [This section to be completed with additional text subsequent to the City Council's decision on the General Plan Alternatives and the Housing Element Sites in the faII.J 5.9. Zoning for Emergency Shelters and Transitiona) and Supportive Housing To facilitate the development of emergency housing and comply with State law, the City amended the Zoning Code in 2010 to address emergency shelters and transitional and supportive housing. Emergency Shelters An emergency shelter is a facility that provides temporary housing with minimal supportive services and is limited to occupancy of six months or less. Emergency homeless shelters are designated as a permitted use in the Quasi Public Building (BQ) zone. The ordinance includes the following emergency shelter operational regulations: • Shelter is located within an existing church structure • The number of occupants does not exceed 25 • The hours of operation do not exceed 6:00 p.m. to 7:00 a.m. A-1 38 Housing Commission Attachment B Housing Element Technical Report Appendix B • Adequate supervision is provided • Fire safety regulations are met HE-Strategy 22 commits the City to amending the Zoning Ordinance concurrent with the Housing Element update to remove the condition that an emergency shelter be located within an existing church structure to comply with State law. In addition, rotating homeless shelters are also permitted within existing church structures in the BQ zone under similar conditions. The operation period of rotating shelters cannot exceed two months in any one-year span at a single location. Transitional and Supportive Housing Transitional housing is defined as rental housing for stays of at least six months but where the units are re-circulated to another program recipient after a set period. Supportive housing has no limit on the length of stay, and is linked to onsite or offsite services. Senate Bill 2 clarified that transitional housing and supportive housing constitute residential uses. Zoning ordinances must treat transitional and supportive housing as a proposed residential use and subject only to those restrictions that apply to other residential uses of the same type in the same zone. In Cupertino, transitional and supportive housing developments are treated as residential (and uses subject to the same approval process and development standards as other residential uses. The Zoning Code lists transitional and supportive housing as a permitted use in all zones allowing residential. These facilities are subject to the same development standards and permit processing criteria required for residential dwellings of the same type in the same zones. 5.10. Financial Resources for Housing The City of Cupertino has access to a variety of funding sources for affordable housing activities. These include programs from federal, state, local, and private resources. Housing Commission Attachment a A-1 39 2040 GENERAL PLAN City of Cupertino Community Development Block Grant (CDBG) Program Through the Community Development Block Grant (CDBG) program, the federal Department of Housing and Urban Development (HUD) provides funds to local governments for funding a wide range of housing and community development activities for low-income persons. During the 2013 fiscal year, the City of Cupertino received $342,702 in CDBG funds. CDBG funds are used for public services, site acquisition, housing rehabilitation, and fair housing/housing counseling activities. HOME Investment Partnership Program (HOME) The City of Cupertino is proposing to enter into a multi-city HOME Consortium with the County of Santa Clara. If the HOME Consortium is approved, developers of eligible affordable housing projects within the City of Cupertino could competitively apply annually to the County of Santa Clara for HOME Funds for City of Cupertino affordable housing projects. If the HOME Consortium is approved the initial program year in which HOME funds will become eligible to the City of Cupertino will begin July 1, 2015. Eligible HOME activities may include, but are not limited to acquisition, construction, rehabilitation and tenant based rental assistance (TBRA). Redevelopment Agency Set-Aside Funds Redevelopment Agency (RDA) housing set�aside funds, which used to be a primary local funding source for affordable housing, are no longer available to assist in new affordable housing development or acquisition/rehabilitation of existing units for conversion into affordable housing. This loss is associated with the Governor's 2011 state budget revisions and subsequent court cases, and as a result, funding sources for affordable housing are significantly more constrained. Cupertino's Redevelopment Agency dissolved as of February 1, 2012 according to state law. The A-1 40 Housing Commission Attachment B Housing Element Technical Report Appendix B City elected to become a Successor to the Redevelopment Agency (Successor Agency) in order to manage the wind- down of remaining contracts and obligations of the former Redevelopment Agency. The City does not have any available housing bond funds remaining from this source nor is it anticipated to receive program income in the future. Low Income Housing Tax Credits (LIHTC) Created by the 1986 Tax Reform Act, the LIHTC program has been used in combination with City and other resources to encourage the construction and rehabilitation of rental housing for lower-income households. The program allows investors an annual tax credit over a 10-year period, provided that the housing meets the following minimum low-income occupancy requirements: 20 percent of the units must be affordable to households at 50 percent of AMI or 40 percent of the units must be affordable to those at 60 percent of AMI. The total credit over the 10-year period has a present value equal to 70 percent of the qualified construction and rehabilitation expenditure. The tax credit is typically sold to large investors at a syndication value. Mortgage Credit Certificate (MCC) Program The Mortgage Credit Certificate (MCC) Program was created by the federal government, but the program is locally administered by the County of Santa Clara to assist first-time homebuyers in qualifying for a mortgage. The IRS allows eligible homebuyers with an MCC to take 20 percent of their annual mortgage interest as a dollar-for-dollar tax credit against their federal personal income tax. This enables first-time homebuyers to qualify for a larger mortgage than otherwise possible, and thus can bring home ownership within reach. In 1987, the County of Santa Clara established an MCC Program that has since assisted over 200 low and moderate-income first time homebuyers in Cupertino to qualify for a mortgage. However, as housing prices continue to rise in Cupertino, use of MCC has become less feasible. During the last Housing Element period, the MCC Program assisted three Cupertino low- and moderate-income residents. Housing Commission Attachment B A-141 2040 GENERAL PLAN City of Cupertino Housing Choice Voucher Program The Housing Choice Voucher Program (formerly known as Section 8 Rental Assistance) is a federal program that provides rental assistance to very-low income persons in need of affordable housing. This program offers a voucher that pays the difference between the current fair market rent and what a tenant can afford to pay (e.g. 30 percent of their income). The voucher allows a tenant to choose housing that may cost above the payment standard but the tenant must pay the extra cost. Housing Trust Silicon Valley Housing Trust Silicon Valley provides loans and grants to increase the supply of affordable housing, assist first- time homebuyers, prevent homelessness and stabilize neighborhoods. The Housing Trust's Affordable Housing Growth Fund intakes funds from local jurisdictions and provides matching grants for predevelopment activities, acquisition, and construction and rehabilitation of multi- family affordable housing developments. The City of Cupertino has contributed to the Fund through its former Redevelopment Agency. Below Market Rate (BMR) Affordable Housing Fund (AHF) The City of Cupertino has a Below Market Rate Affordable Housing Fund that provides financial assistance to affordable housing projects, programs and services. The City requires payment of an Office and Industrial Mitigation fee, which is assessed on developers of office and industrial space and a Housing Mitigation fee, which is assessed on developers of market-rate rental housing to mitigate the need for affordable housing created by new development. Developers of for-sale housing with six or fewer units are required to pay the Housing Mitigation fee. Developers of market-rate rental units, where the units cannot be sold individually, must pay the Housing Mitigation fee to the Affordable Housing Trust Fund to be consistent with A-142 Housing Commission Attachment B Housing Element Technical Report Appendix B recent court decisions and the State Costa-Hawkins Act regarding rent control. All affordable housing mitigation fees are deposited into the City's Below Market-Rate (BMR) Affordable Housing Fund (AHF). Recent funding activities have included loans and grants to non-profit developers for acquisition and rehabilitation activities and public services such as landlord/tenant mediation services provided through Project Sentinel, and assistance to very low income persons and families provided through West Valley Community Services. As of 2014, there is approximately $7 million in the BMR Affordable Housing Fund. General Fund Human Service Grants (HSG) Program Annually, the City of Cupertino provides approximately $40,000 to non-profit agencies providing needed services to Cupertino residents. HSG Program funds are proposed to be allocated on a competitive basis toward eligible public service activities. Recent recipients have used the funds to provide transitional housing for domestic violence victim, senior adult day care services and legal assistance services to seniors. 6. ANALYSIS OF CONSISTENCY WITH GE(�f ERAL PLAN The City's various General Plan components were reviewed to evaluate their consistency with the policies and strategies outlined in the Housing Element Update. The following section summarizes the goals of each General Plan element and identifies supporting Housing Element policies and strategies. This analysis demonstrates that the policies and strategies of this Housing Element provide consistency with the policies set forth in the General Plan and its associated elements. When amendments are made to the safety, conservation, land use, or other elements of the City's General Plan, the housing element will be reviewed for internal consistency. Housing Commission Attachment B A-1 43 2040 GENERAL PLAN City of Cupertino Section 6.1. Land Use/Community Design Goals • Create a cohesive, connected community with a distinctive center and an identifiable edge • Ensure a compact community boundary that allows efficient delivery of municipal services • Establish a high sense of identity and community character • Maintain a thriving and balanced community • Promote thriving and diverse businesses that bring economic vitality to the community, while balancing housing, traffic and community character impacts � Protect hillsides and promote regional planning coordination • Expand City-wide access to community facilities and services • Protect historically and archaeologically significant structures, sites and artifacts • Promote a civic environment where the arts express an innovative spirit, celebrate a rich cultural diversity and inspire individual and community participation • Create a full range of park and recreational resources that link the community, provide outdoor recreation, preserve natural resources and support public health and safety Supporting Housing Element Policies Policies HE-2, HE-3, HE-4, HE-5, and HE-13 Supporting Housing Element Strategies HE Strategies 1 and 26 A-144 Housing Commission Attachment B Housing Element Technical Report Appendix B Section 6.2. Circulation Goals • Advocate for regional transportation planning decisions that support and complement the needs of Cupertino • Increase the use of public transit, carpools, bicycling, walking and telecommuting • Create a comprehensive network of pedestrian and bicycle routes and facilities • Increased the use of public transit service and encourage the development of new rapid transit service � Maintain roadway designs that accounts for the needs of motorists, pedestrians, bicycles and adjacent land uses • Minimize adverse traffic and circulation impacts on residential neighborhoods Supporting Housing Element Policies Policy HE-3 and HE-14 Supporting Housing Element Strategies HE Strategies 3 and 26 Section 6.3 Environmental Resources/ Sustainability Goals • Ensure a sustainable future for the City of Cupertino • Reduce the use of non-renewable energy resources • Improve energy conservation and building efficiency • Maintain healthy air quality levels for the citizens of Cupertino through loca) planning efforts • Protect specific areas of natural vegetation and wildlife habitation to support a sustainable environment Housing Commission Attachment B A-145 2040 GENERAL PLAN City of Cupertino • Ensure mineral resource areas minimize community impacts and identify future uses � Ensure the protection and efficient use of water resources • Improve the quality of storm water runoff • Reduce locally produced solid waste in order to reduce energy, protect resources and meet or exceed state requirements • Ensure adequate sewer capacity • Ensure adequate public infrastructure for existing uses and planned growth Supporting Housing Element Policies Policies HE-10 and HE-14 Supporting Housing Element Strategies HE Strategies 20, 21 and 26 Section 6.4 Health and Safety Goals • Reduce hazard risks through regional coordination and mitigation planning • Reduce risks associated with geologic and seismic hazards • Protect the community from hazards associated with wildland and urban fires through efficient and effective fire and emergency services � Minimize the loss of life and property through appropriate fire prevention measures • Create an all-weather emergency road system to serve rural areas • Ensure available water service in the hillside and canyon A-146 Housing Commission Attachment B Housing Element Technical Report Appendix B areas • Ensure high quality police services that maintain the community's low crime rate and ensure a high level of public safety • Protection people and property from the risks associated with hazardous materials and exposure to electromagnetic fields • Ensure a high level of emergency preparedness to cope with both natural or human-caused disasters • Protect people and property from risks associated with floods • Maintain a compatible noise environment for existing and future land uses • Reduce the noise impact from major streets and freeways on Cupertino residents • Protect residential areas as much as possible from intrusive non-traffic noise • Design buildings to minimize noise Supporting Housing Element Policies N/A Supporting Housing Element Strategies N/A m`� _ �� S"��r ��.o; _ °'' � .... i^r"t�?a .. �� . � . 7.1 Stakeholder Interviews Stakeholder interviews were conducted on December 11 and 12, 2013 to solicit input from stakeholders ranging from community members, property owners, housing developers, Housing Commission Attachment B A-147 2040 GENERAL PLAN City of Cupertino service providers, School Districts and the business communi- ty. The following agencies were invited to participate (bolded agencies and persons participated, totaling 25 people): Advocates for a Better Cupertino CARe (Cupertino Against Rezoning) CCC (Concerned Citizens of Cupertino) Cupertino Citizens for Fair Government (CCFG) De Anza College Silicon Valley Leadership Group Cupertino Chamber of Commerce Asian American Business Council West Valley Community Services League of Women Voters HBANC (Bay Area Building Industry Association) Housing Choices Coalition Organization of Special Needs Families Silicon Valley Association of Realtors Catholic Charities of Santa Clara County Eden Council for Hope and Opportunity Live Oak Adult Day Services Maitri Senior Adults Legal Assistance (SALA) Rotary Club Rebuilding Together Silicon Valley Senior Housing Solutions Charities Housing YWCA Silicon Valley-Support Network Department United Way Silicon Valley A-148 Housing Commission Attachment B Housing Element Technical Report Appendix B Outreach and Escort Santa Clara Family Health Foundation Support Network for Battered Women Institute for Age-Friendly Housing Senior Citizens Commission Santa Clara County Council of Churches Mid Pen Housing Habitat For Humanity East Bay/Silicon Valley Chinese American Realtors Association Fremont Union High School District Cupertino-Fremont Council of PTA Cupertino Union School District Modena Investments LP, Sunnyvale Holding LLC Altos Enterprises Inc., Alpha Investments & Property Management Co. LPMD Architects Unaffiliated builders, lenders, and property owners Housing Commission Attachment B A-149 2040 GENERAL PLAN City of Cupertino A summary of common themes from the interviews is summarized below. All comments and ideas are reported in aggregate and not attributed to any individual or organization. Housing Needs: • Overall housing affordability and the difference between housing demand and supply at all income levels • Need for diversity of affordable rental units at all income levels and all household types • Need to accommodate a growing aging population • Smaller units including innovative housing models (e.g. dorms/boarding houses, senior care homes, efficiency studios, shared & co-housing, micro units) Community acceptance: • Acceptance is low due to impacts on schools, privacy, parking, noise and traffic • Support for mixed use development in the style of Santana Row and Downtown Mountain View • Improved local governmental transparency and community development Type of development: • Developers and advocates felt that three to five story development is appropriate for adding units but community representatives are concerned about increased height of multi-family development A-1 50 Housing Commission Attachment B Housing Element Technical Report Appendix B Barriers to development of affordable housing include: • Financial constraints, particularly due to the dissolution of Redevelopment Agencies and elimination of many federal and state funding sources and • Lack of community and political support for housing Community and Business Groups: • Housing is a "choke point" in regional economy since it is hard to attract and retain employees in a highly competitive housing market • Several interviewees felt that private employers should be obligated to provide more resources to housing • Many felt that while employers feel concerned about schools and housing, they generally work to limit fees and taxes to businesses School Districts: • Schools in the northern part of the City are impacted due to higher student generation rates in existing housing while capacity in the south of the city is declining, likely due to aging households. • Capacity, where needed, is being expanded by adding new buildings or, preferably, temporary and modular units. • Currently using programs, centers and busing to distribute students • Reluctant to re-district since homeowners purchase homes based on the school service areas • Most of the Apple Campus 2 school impact fees will be allocated to the Santa Clara Unified School District Housing Commission Attachment B A-1 51 2040 GENERAL PLAN City of Cupertino while they expect that most employees who move to the area will reside within the CUSD service 7.2 Review of Previous Housing Element A thorough review of the City's housing plan constitutes an important first step in updating the Cupertino Housing Element. This section provides an evaluation of the City's progress towards achieving housing goals and objectives as set forth in the prior Housing Element, and analyzes the efficacy and appropriateness of the City's housing policies and programs. This review forms a key basis for restructuring the City's housing plan to meet the housing needs of the Cupertino community. Table 7.1 provides a detailed sum- mary of the City's progress in implementing the programs outlined in the 2007-2014 Housing Element and Table 7.2 summarizes the City's progress toward its RHNA. • • • � � � • • • � �'�r � ,i �it i' ' i �, �� r s. !3 + 1�� "�:"' � � a�i, _ s A � s _ ro�� a _ �8 , � �II � �'��' � '. 'y .�°�1��i�� e - - �"� i�,r��_ »�ye�." •. ' • '• " •• • " • " • a • " Policy 1: Sufficiently Residentiaily Zoned Land for New Construction Need Program 1: Zoning and Land Use The City completed the rezoning of 7.98 This program is proposed to be included Designations acres of land from 10 du/ac to 25 du/ac in and revised in the 2014-2022 Housing Rezone one property(APN: 326-10-046) 2010. The City is currently updating the Element to reflect the need to maintain of 7.98 acres from 10 units per acre to 25 Land Use Element concurrent with the an inventory of sites to accommodate the units per acre to accommodate up to 199 Housing Element update. The Land Use new RHNA of 1,064 units. units. Element update will likely result in addi- tional sites for residential and mixed use development to accommodate the fifth cycle RHNA of 1,064 units. Program 2: Second Dwelling Unit Between 2007 and 2013, 31 second units This program continues to be appropriate Ordinance were constructed in the City. for the City and is proposed to be includ- Continue to implement ordinance to ed in the 2014-2022 Housing Element. achieve 25 second units Program 3: Encourage Lot Consolidation The City continues to provide assistance This is an ongoing activity and is pro- Continue to encourage lot consolidation to property owners regarding lot consoli- posed to be included and revised in the through master plans. Provide technical dation. 2014-2022 Housing Element. assistance to property owners. A-1 52 Housing Commission Attachment B Housing Element Technical Report Appendix B • • • 11 1 � • • • ��1 S � • • - - •. I:i �#' • • . s = = r� ��, � . . � w _ , ., _ , �r .,F._., _ • _ .� • s• . ` • s _ � ».,�- ,.:iaaas.�1��a�+7��11l��Ia11[-111� s. r • i • •.• - • � • •- • • • • Policy 2: Housing Mitigation Plan Program 4: Housing Mitigation Plan- Between 2007 and 2013, $1,195,414 This program represents a key financ- Office and Industrial Mitigation had been collected through the Housing ing mechanism for affordable housing in Continue to implement Office and Mitigation Program (Office/Industrial and Cupertino and is proposed to be included Industrial Mitigation fee program. Residential) and deposited to the Below and revised in the 2014-2022 Housing Market-Rate (BMR)Affordable Housing Element. Fund (AHF). Program 5: Housing Mitigation Program- Between 2007 and 2013, 20 Below This program represents a key mechanism Residential Mitigation Market Rate(BMR) units were cre- for affordable housing in Cupertino and Continue to implement the "Housing ated through the Residential Housing is proposed to be included and revised in Mitigation" program to mitigate the need Mitigation Program: the 2014-2022 Housing Element. for affordable housing created by new • 17 BMR rental units(Markham) market-rate residential development. • 3 BMR ownership units (Las Palmas) The City contracts with West Valley Community Services (WVCS)to admin- ister the Below Market-Rate (BMR) Affordable Housing Program which includes placing eligible households in the City's BMR units. Between 2007 and 2013, $1,195,414 had been collected through the Housing Mitigation Program (Office/Industrial and Residential) and deposited to the City's Below Market-Rate (BMR)Affordable Housing Fund (AHF). Program 6:Affordable Housing Fund Between 2007 and 2013, $1,195,414 The City will continue to utilize the Below Provide financial assistance to affordable had been collected through the Housing Market-Rate (BMR)Affordable Housing housing developments. Expend housing Mitigation Program (Office/Industrial and Fund (AHF)to support affordable hous- funds in the following manner: Residential)and deposited to the City's ing projects, programs and services. This Below Market-Rate (BMR)Affordable program is proposed to be included • Finance afFordabie housing projects. Housing Fund (AHF). These funds were and revised in the 2014-2022 Housing • Establish a down payment assistance used to support affordable housing proj- Element with a revised expanded list of plan that may be used in conjunction ects, programs and services such as: potential eligible uses of funds. with the BMR program or to make ' Project Sentinel-Landlord/Tenant market rate units more affordable. Mediation Services • Establish a rental subsidy program ' �Nest Valley Community Services to make market rate units more ��CS)-BMR Program affordable. Administration • 19935 Price Avenue-Acquisition of affordable housing residential rental property. However, the City did not establish a downpayment assistance program or a rental subsidy program. Housing Commission Attachment B A-1 53 2040 GENERAL PLAN City of Cupertino � ' • • • / 1 1 � • • • �9r��i�, r I �-� .. ; . . . ;f:. • .'.i ° •• •/ . s � • ' � `x S4 . s• e3- �w ��1 � • i �rv.�s v. -e.� tl.Fd�a�:r.c� �Z+aoi�33�'iYw�arri��k"�� , .: . ..:::r'�t..�.%si§ Policy 3: Range of Housing Types Program 7: Mortgage Credit Certificate The County of Santa Clara continues to This program is proposed to be included (MCC) Program operate this program. However, given the in the 2014-2022 Housing Element as Participate in the countywide MCC pro- high home prices in Cupertino,the poten- a new program— Referral to Housing gram to assist one to two households tial of utilizing this program is limited. Resources. annually. As of 2013,the maximum purchase price limits were $570,000 for resale properties and $630,000 for new units. Program 8: Move-In for Less Program This program offered by the Tri-County This program is proposed to be removed Apartment Association was discontinued in from the 2014-2022 Housing Element. Program is offered by the Apartments 2010. Association. Program 9: Surplus Property for Housing As part of the 2014-2022 Housing This program is proposed to be included Explore opportunities on surplus proper- Element update and concurrent Land Use and revised in the 2015-2023 Housing ties as follows: Element update, the City has explored Element. and prioritized various vacant and under- • In conjunction with local public utilized properties with potential residen- agencies, school districts and tial and mixed use development within churches, develop a list of surplus the next eight years.These properties property or underutilized property are included in the sites inventory for the that have the potential for residential Housing Element development. • Encourage long-term land leases of property from churches, school distrids corporations for construction of affordable units. • Evaluate the feasibility of developing special housing for teachers or other employee groups on the surplus properties. • Review housing programs in neighboring school districts that assist teachers for applicability in Cupertino Program 10:Jobs/Housing Balance The City's General Plan and 2007-2014 This program is proposed to be included Program Housing Element offer adequate capac- and revised in the 2014-2022 Housing Require major new office/industrial devel- ity to accommodate the City's RHNA for Element as key elements of three new opment to build housing as part of new the planning period. The City continues programs— Land Use Policy and Zoning development projects. to implement its Housing Mitigation Provisions, Housing Mitigation Plan— Program to enhance the jobs/housing bal- Office and Industrial Mitigation and ance in the community. Housing Mitigation Plan— Residential Mitigation. A-1 54 Housing Commission Attachment B Housing Element Technical Report Appendix B • • � 11 1 � • • • u � ;� /� 1 s • •. 1'1 a • �o • ' r• . • -• ' • • �• . - - • i 'u • ' •• . + • 1 • • - Policy 4: Housing Rehabilitation Program 11:Affordable Housing The City continues to provide informa- This program is proposed to be included Information and Support tion, resources, and support to develop- in the 2014-2022 Housing Element. Provide information, resources and sup- ers. port to developers who can produce affordable housing Policy 5: Development of AfFordable Housing Program 12: Density Bonus Program As part of the 2015-2023 Housing This program is proposed to be included Allow for a density bonus and additional Element update, the City is also amend- and revised in the 2015-2023 Housing concessions for development of 6 or �ng its Zoning Code to revise the Density Element.Adoption of a new revised more units that provide affordable hous- Bonus Ordinance to be consistent with Density Bonus Ordinance is anticipated to ing for families and seniors State law. be completed concurrent with the 2014- 2022 Housing Element. Program 13: Regulatory Incentives for The City continues to waive park dedica- This program is proposed to be included Affordable Housing tion fees and provide parking ordinance in the 2014-2022 Housing Element. Provide regulatory incentives for afford- Waivers for affordable developments. able housing, such as waiving park dedication fees and construction tax for affordable units, or reducing parking requirement for mixed use developments. Program 14: Extremely Low Income The City continues to support the This program is proposed to be included Housing development of housing affordable to and revised in the 2014-2022 Housing Encourage the development of adequate extremely low income households. Element. The proposed revision will housing to meet the needs of extremely include Housing for Persons with Special low-income households by providing Needs to be added to this program. assistance and funding for affordable housing developments Program 15: Residential and Mixed Use As part of the 2015-2023 Housing This program is proposed to be added Opportunities in or Near Employment Element update and concurrent Land Use as a policy statement to Goa) A:An Centers Element update, the City has explored Adequate Supply of Residential Units for Encourage mixed use development and and prioritized various vacant and under- All Economic Segments for the 2014-2022 the use of shared parking facilities in or utilized properties with potential residen- Housing Element to encourage mixed near employment centers. Evaluate the tial and mixed use development within use development. possibility of allowing residential develop- the next eight years. These properties ment above existing parking areas. are included in the sites inventory for the Housing Element. Housing Commission Attachment s A-155 2040 GENERAL PLAN City of Cupertino • • • 11 1 • • • 1/ 1 • • - - •. 'A� 1 • • - - ' •• . • �-l� �Is• �• . • / � '�' - •' ' •• . • • - i • • - Program 16: Expedited Permit Procedures The City continues of offer expedited This program is proposed to be included Expedite permit processing for housing permit processing for affordable housing but revised in the 2014-2022 Housing developments that contain at least 20 projects meeting the State Density Bonus Element as a new program - Incentives percent of units for lower-income house- requirements. for Affordable Housing Development holds, or 10 percent of units for very low- income households, or 50 percent of units for senior citizens. Policy b:Tax Increment Funds Program 17: Redevelopment Housing Set The Redevelopment Agency was dissolved Program is proposed to be removed from Aside Fund in 2012, pursuant to AB1X26 and AB1X27. the 2014-2022 Housing Element. Develop policies and objectives for the use of those Low and Moderate Income Housing Funds. Policy 7: Housing Densities Program 18: Flexible Residential The City continues to offer flexible devel- Policy 7 and this program are proposed Standards opment standards. to be included in the 2014-2022 Housing Element under Goal A to facilitate a Allow flexible residential development range of housing options in the commu- standards in planned residential zon- ing districts, such as smaller lot sizes, nity. lot widths,floor area ratios and set- backs, particularly for higher density and attached housing developments. Program 19: Residential Development The City continues to provide this regu- This program is proposed to be included Exceeding Maximums latory incentive to facilitate affordable and revised in the 2014-2022 Housing Allow residential developments to exceed housing for persons with special needs. Element as part of a new program— planned density maximums if they pro- However, no development utilized this Housing for Extremely Low Income vide special needs housing incentive between 2007 and 2013. Households and Persons with Special Needs Program 20: Monitor R-3 Development The City continues to monitor its devel- This program is proposed to be included Standards opment standards. Future residential in the 2014-2022 Housing Element as part Monitor the R-3 development standards development is likely to focus in mixed of a new program— Land Use Policy and on a regular basis to ensure that the use areas in the City. As part of the Land Zoning Provisions. requirements do not constrain new hous- Use Element update process conducted ing production. concurrent with the Housing Element update,the City reviewed and proposed modifications to development standards to facilitate multi-family and mixed use development. Program 21: Clarify Language of Planned The Zoning Ordinance was amended in This program was completed in 2010 Development(P) District 2010 to clarify that residential develop- and is proposed to be removed from the Amend the zoning ordinance to clarify ment in the P(Res/R3)zones require a 2014-2022 Housing Element. that residential development in P(Res/R3) planned development permit. zones will require a planned development permit and not a conditional use permit. A-1 56 Housing Commission Attachment B Housing Element Technica ) Report Appendix B • • � / 1 1 • • • 1 i 1 • • •. 1 1 1 • • ' •• _ • - • • •• •• - • 1 '• - • •• • • 1 � • - - •. :�c ' • •• as• Policy 8: Maintenance and Repair Program 22:Apartment Acquisition and The City continues to assist non-profits Preserving and improving the quality of Rehabilitation with the acquisition and rehabilitation of housing for lower income households is Provide financial assistance to eligible affordable housing units such as: important to the City. This program is very low and low-income homeowners to ' Maitri Transitional Housing proposed to be included and revised in rehabilitate their housing units. Rehabilitation: CDBG funds were the 2014-2022 Housing Element to incor- used to rehabilitate this four-unit porate both rehabilitation efforts for both transitional housing for victims of single-family and multi-family rehabilita- tion. domestic violence. Project was completed in 2010. • Senior Housing Solutions—19935 Price Avenue:Acquisition and rehabilitation of this property using the Below Market-Rate(BMR) Affordable Housing Fund(AHF)and Community Development Block Grant (CDBG)funds and was completed in 2011. This home is now occupied by five low income seniors. Policy 9: Conservation of Housing Stock Program 23: Preservation of"At Risk The City did not experience a loss of any The City works to preserve its affordable Units" "at risk" affordable units converting to housing stock. This program is proposed Monitor owners of at-risk projects on an market-rate during the planning period to be included and revised in the 2014- ongoing basis to determine their inter- 2022 Housing Element. est in selling, prepaying,terminating or continuing participation in a subsidy pro- gram. Work with owners,tenants, and nonprofit organizations to assist in the nonprofit acquisition of at-risk projects to ensure long-term affordability of develop- ments where appropriate. Program 24: Condominium Conversions The City continues to implement the This program is proposed to be incl�ded Continue to implement to Condominium Condominium Conversion Ordinance. and revised in the 2014-2022 Housing Conversion Ordinance. Element. 2040 GENERAL PLAN City of Cupertino � : � • • 11 1 • • • � -�,��.�� P�,, _ ;•,. � /-0 i � • • i + :• •• . _ • � r �+- �• • •• �c m .= oiw"'+��i7�+��iil�i. s`ir�� -"�� .a'7�� • • ' fmf�` Program 25: Rental Housing Preservation The City has explored the extent to The City will continue to explore the Program which the proposed Rental Housing extent to which existing rental housing Develop and adopt a program that would Preservation Program is consistent with can be preserved consistent with State grant approval only if at least two of the State laws such as the Ellis Act and the law as part of the 2014-2022 Housing following three circumstances exist: Costa Hawkins Act. Element. • The project will comply with the City's BMR Program based on the actual number of new units constructed, not the net number of units; and/or • The number of rental units to be provided on the site is at least equal to the number of existing rental units; and/or • No less than 20 percent of the units will comply with the City's BMR Program. Program 26: Conservation and The City contracts with Rebuilding The City recognizes the importance of Maintenance of Affordable Housing Together Silicon Valley(RTSV)to provide maintaining and improving its existing Develop a program to encourage the home safety repairs and mobility/acces- housing stock. This program is proposed sibility improvements to income-qualified to be included in the 2014-2022 Housing maintenance and rehabilitation of residen- owner-occupants using CDBG funds. The Element as a new program - Residential tial strurtures to preserve the older, more focus of this program is on the correc- Rehabilitation. affordable housing stock. tion of safety hazards. Between 2007 and 2013, 31 households were assisted through this program. Program 27: Neighborhood and The Environmental Services division orga- This is an ongoing program and is pro- Community Clean Up Campaigns nizes an annual city-wide garage sale to posed to be included in the 2014-2022 Continue to encourage and sponsor encourage reuse of items which ordinarily Housing Element. neighborhood and community clean up might end up in the landfill. Also,the divi- campaigns for both public and private sion organizes community creek clean-up properties. campaigns. Policy 10: Energy Conservation Program 28: Energy Conservation The City continues to enforce Title 24. This is a function of the Building Division Opportunities and is proposed to be included as a sepa- Continue to enforce Title 24 requirements rate housing program in the 2014-2022 for energy conservation and evaluate Housing Element. utilizing suggestions as identified in the Environmental Resources/Sustainability element. A-1 5$ Housing Commission Attachment B Housing Element Technical Report Appendix B • • • 11 1 � • • • i 18 ! • • •. 1� 1 ��a � s ' •• . • -• • •• •• _ • 1 � `s s ' s r . • • 1 • • - - Program 29: Fee Waivers or Reduction for The City adopted a Green Building This program is proposed to be included Energy Conservation Ordinance in 2013 to facilitate energy and revised in the 2014-2022 Housing Evaluate and implement the potential to conservation efforts. Residential and Element. provide incentives, such as waiving or nonresidential new construction, addition, reducing fees,for energy conservation and renovation are required to comply improvements to residential units(exist- With the Green Building Ordinance. ing or new). Program 30: Energy Efficiency Audits Energy audits were offered through an The ARRA program expired in 2012.This Offer free energy efficiency audits for ARRA grant by the Public Information program is proposed to be removed from residential units under a contract with Office through a contract with Actera. the 2014-2022 Housing Element. Acterra. Program 31: Energy Conservation in The City also adopted a Green Building This program is proposed to be included Residential Development Ordinance in 2012 to encourage energy in the 2014-2022 Housing Element. Continue to encourage energy efficient conservation efforts. residential development and provide tech- nical assistance to developers who are interested in incorporating energy efFicient design elements into their program. .. ! - . .- -. . - . . Policy 11: Special Needs Households Program 32: Emergency Shelters The City revised the Zoning Ordinance in This program is proposed to be revised Revise the Zoning Ordinance to allow 2010 to permit emergency shelters in the in the 2015-2023 Housing Element to permanent emergency shelter facilities in BQ Quasi-Public zoning districts as a remove the requirement that emergency "BQ" Quasi-Public zoning districts as a Permitted use. shelters be located in churches. permitted use. Program 33: Rotating Homeless Shelter West Valley Community Services (WVCS) The City recognizes the critical need to successfully managed the Rotating provide homeless prevention and emer- Continue to support the rotating emer- Shelter Program for 18 years. The gency shelter services for the homeless gency shelter operated by West Valley Rotating Shelter Program is now operat- in the region. This program is proposed Community Services ed through Faith in Action Silicon Valley. to be included in the 2014-2022 Housing Element. Program 34:Transitional and Supportive The City revised the Zoning Ordinance in The Zoning Ordinance amendment pro- Housing 2010 to provide transition and supportive gram was completed in 2010. This pro- Amend its zoning ordinance to com- housing as a residential use to be permit- gram is proposed to be removed from ply with the requirements of SB2. ted in similar manners as similar uses in the 2014-2022 Housing Element. Transitional and supportive housing will the same zones. be treated as residential uses and be sub- ject to the same development standards In 2008,the City contributed $800,000 to and restrictions that apply to similar hous- Maitri, a non-profit agency providing tran- ing types in the same zone. sitional housing to victims of domestic violence,for the purchase of a four-plex in Cupertino. The project was completed in 2010. Housing Commission Attachment B A-1 59 Potential Housing Element Sites ATTACHMENT C HCD Criteria Other Criteria Realistic Capacity � a ,�+ `� ¢ o �'' � w .° Q �, C� � .'7 v" G' � � N ,�, � P. ,a U � � � G? � .� m v o ,P; :�°.3, � � ro on v � •� � 3 co u 3 EIR Current v � v .� N � Q Q. v � •� � •N � v .°�' °1 ° ,� � �; � Current en a- � � (� v ,a � Q � o '� b C7 �a � �a � Notes,Comments and Site Name/Type Address Size Land Use � C � �, v 3 d w � C C o � � U � � � ;; � Zoning � � � � O � o ,�'�' � � ;� a, x � �° *� � � a � „ v Reason For Recommendation for Removal or Inclusion No. Designation � 'k '� � � � o � •� a o 3 � .� � � .^� � '� Q .� Q � G W a�, in y � Q z �i. � ° a�+ f� ' � ° x v � v z � � � v � A �o � b � ° �, � o A � � Shan Restaurant,Q- 20007,20021 Stevens •Shan Restaurant,Former Q-mart site and China Dance Studio. Mart&China Dance/ Commercial/ 1 Creek Blvd&10041 N. 1.69 P(CG,Res) 25 � � X X* � � � � � X Moderate �6 36 36 •If parcels come under single control could be"moderate"site Existing HE and Lot Office/Residential Blaney Ave •No land use or zoning changes needed Consolidation •Restaurant and Furniture Store Arya/Scandinavian 19930.19936&19900 Commercial/ 2 2.88 P(CG,Res) 25 � � � X* J J � X � X Low 58 58 58 •If parcels come under single control could be"moderate"site Design/Existing HE Stevens Creek Blvd Office/Residential •If selected,no changes are needed to land use or zoning designations. United Furniture, East of E.Estates 10025,10075 E.Estates, •United Furniture/Parking Lots/Gas Station/Strip Mall/Office Bldg. (includes portion of 19541 Richwood Dr., Commercial/ 3 4.43 P(CG,Res) 25 � � � X* � � � � � X Moderate 103 103 103 •If parcels con�e under single control could be"moderate"site street)/Existing HE 19550 Stevens Creek Office/ResidenHal and Lot Blvd,10055 Miller Ave •No land use or zoning changes needed Consolidation Barry Swenson Site/ 19160 Stevens Creek Commercial/ •No land use or zoning changes needed 4 0.55 P�cc,Res� 25 J J x ,� �l J J x J J M�a�rate �1 ii Zi Existing HE Blvd Office/Residential •Affordable housing developer interest Glenbrook Apt./ 10160&21297 Med/High Density •No land use or zoning changes needed 5 31.34 Residential R3 20 � � � � X � � � X � Moderate 9� 93 93 •Will not meet affordability criteria at current density of 10-20 DU/ac.Has not been Existing HE Parkwood (10-20) studied at higher density in EIR. 20800,20975,20990, Med/High Density •No land use or zoning changes needed The Villages Apt./ 6 20800,20875 Valley 271 IZesidential R3 20 � � � � X � X � X � Low 62 62 62 •Will not meet affordability criteria at ciirrent density of 10-20 DU/ac Has not been Existing HE Green Dr. (10-20) studied at higher density in EIR. Office/Industrial/ Carl Berg property/ P(CG,ML, 7 20705 Valley Green Dr. 7.98 Commercial/ 25 X � � � � � X X � X Low 169 169 169 •No land use or zoning changes needed Existing HE Res) Residential •Existing convenience store and undeveloped site. • Viable site due to expressed property owner to redevelop and largely unimproved property conditions.However,low yield. Baieh Brothers/ 22690 Stevens Creek Conmlercial/ • Will not meet affordability criteria at existing density of 15 du/ac 8 Property Owner 0.67 P(CG) 20-35 �/ � X � X* X X � X � Low 0 0 19 Blvd Residential • Location on City's west side was recommended by groups to distribute housing Interest throughout the City. •Rezoning needed to allow residential development •Chan e in land use desi>nation nceded if hi her densit icked. Potential Housing Element Sites Page 2 of 4 HCD Criteria Other Criteria Realistic Capacity � a, ,�' � � '� Q ¢ p �' a�i wi.� � Q w [� � "' G' m � m y :' � f� O U ,� -� C � �. L`�r v +. *' �.�".. A v •`� v' v O ',�.' •� '� Q `a pp v x '� � � PG p CJ 3 EIR Current v � � � N C Q ss. � � •� � Q .N � � � �, ° �, � �, o Site Name/Type Address Size Land Use Current � � � '� � 3 � W U � � � � o � � U ,� C� �a � �a �j Notes,Comments and Zoning � '� � � � � � o ,�'' � � c, x � �o � � � � ro � � Reason For Recommendation for Removal or Inclusion No. Designation • ,, � � �. .«. � �, a, � v ,� .�' w � � o,o ,° � •� ,�, � �3 a. -o � y � ¢ '� � o Q on � a�i �o a�, � Q Z a"i v v z � � � � x Q � �1 0 � �a °? ..°.S � ° o Q 0., U „a •Strip Mall •Viable site due to expressed property owner to redevelop,and low intensity of uses. Foothill @ McClellan However,low yield. Center(Foothill Commercial/ •Will not meet affordability criteria at existing density of 15 du/ac 9 10625 S Foothill Blvd 1.3 P(CG) 20-25 � � X � X X X X X � Low 0 0 27 Market)/Property Residential •Location on City's west site was recommended by groups to distribute housing Owner Interest throughout the City. •Change in land use designation needed if higher density picked •Rezonin needed to allow residential develo ment •Existing 342 unit apartment complex on site. The Hamptons/ High Density •Expressed property owner interest to redevelop and close proximity to major 10 Property Owner 19500 Pruneridge Ave 12.44 Residential P(Res)-70 65-]10 � � � � X* � � � X � Moderate 0 344 820 transpartation route(freeway)is a plus. Interest (20-35) •Viable site only if densities and heights are increased •If selected,would need a change in land use designation to allo�v increased density. •Existing indoor mall with high vacancy rate. Vallco Mall East and •Viable site due to close proxunity to freeway,and potential to provide a P(Regional West(Except Rose Commercial/ considerable number of units at the site. 11 Bowl/Pro er 10123 N Wolfe Rd 32.9 Residential Shopping, 35 � � � X* � � � � � � Hi�,h* 0 600 800 � p ty CG) •Site considered High only if site can be consolidated and under single property Owner Interest owner/control. •Rezonin needed to add residential desi nation •Strip malls and bowling alley. •Large size of site,lower intensity/marginal uses and deferred maintenance in Homestead Lanes+ addition to corner location provide a redevelopment opportunity as a mixed-use site. 20916,20956,20990 Commercial/ P(Rec,Enter) •Will require site assembly. 12 Adjacency/ 5.1 35 � � � X* � � � � X X Low 0 151 151 Homestead Rd Residential &P(CG) •Corner site is a recently improved fast-food use. Workshop Proposed •The current density of development allowed a the site(35 du/ac)could provide a financial incentive for assembly and redevelopment. •If selected,rezoning required to allow residential development. •Strip mall with low vacancy.Decreased vacancy and site improvements(compared with conditions in 2007 HE). Loree Center/ 10029 Judy Ave,19060 Commercial/ 13 Existing HE Stevens Creek Blvd 1.29 Office/Residential P(CG,Res) 25 � X X � � � � � � X Low 27 27 27 •Site has had a minor facelift but shell is from the 1950's.HCD may still approve of this site as a HE site. •No land use or zonin chan ed needed Potential Housing Element Sites Page 3 of 4 HCD Giteria Other Criteria Realistic Capacity � v � � � � Q w � w 'o � � a :�'' • Ca �, (� p a, `� � � 0 v .� S � �s n a�, x `� 3 � ..' .0 EIR Current v � � G n°Ji � Q �`' c�i � •^V' d '�" •� a v �' v ° � ° Ua+ o Current ;,� on o � � 3 � W U °' � � � o � � �C � C� � � �a �j Notes,Comments and Site Name/T'ype Address Size Land Use ,� � �., „ � „ �, b �, Zonin � �- � � � � o ,a-'' � c, x � � *� �,, � � � `� Reason For Recommendation for Removal or Inclusion No. Designation g � •X •; .�61i in v a � � w � � v, a F" ,� � v '`'' ,� .� w � on � � � v a 3 a, � v �, ¢ 'C ¢ -o � cn � a�, in" a�, � � z � v ° � � j= O '�'�" x � � Q o � � � z a; � Q � ° o C] �°, U � •Commercial center •This site should be combined with adjacent sites along Stevens Creek and Bandley Marina Plaza/ to create a mixed-use development including retail for contuluity. Therefore,this is Commercial/ not considered a single ownership site. 14 Property Owner 10118 Bandley Drive 6.86 P(CG,Res) 25-40 � � � X � � � � � X Moderate 14� 204 232 Residential •Relatively viable site only if higher densities are allowed,due to expressed property Interest owner interest to redevelop and location •No changes needed to land use or zoning designations,if density not changed •Change needed to land use designation,if higher density picked. Stevens Creek Office •Office Complex 20823 Stevens Creek Commercial/ •Viable site only if higher residential density is allowed,due to expressed property 15 Center/Property 6.31 P(CG) 35-40 � � �/ � X* � � � � X Low 0 187 214 Blvd Residential owner interest to develop and location. Owner Interest •Land use desi nation chan e needed to allow hi her densit . •Nursery/Outdoor building supply warehouse/retail&Jack in the Box •Viable site due to expressed property owner interest to redevelop,and low ultensity Summerwinds& nature of site. Granite Rock/ 1451,1471,1491&1505 Conunercial/ P(CG,Res 5- 16 4.57 25-40 � � � X" X X X � X X Low 96 96 154 •The location of the site in the southern end of the City presents an opportunity to Property Owner S De Anza Blvd Office/Residential 15) Interest distribute housing throughout the City. •Will not meet affordability criteria at existing density(15 du/ac.) •Change to land use and zoning designation needed to allow higher density. •Existing Town and Country Shopping Center. •Existing entitlments expire on Sept.2,2014. •Size and density,proxunity to freeways and adjacency to existing multi-family development may make this a viable site. Oaks Shopping •Site may need higher density,if retail commensurate with existing conditions is to 21255 Stevens Geek Commercial/ 18 Center/Workshop 7.9 P(CG,Res) 25-35 � � � � � � � � � X High* 167 235 235 be provided,to make it financially viable.However,office and other mixed-use Blvd Residential Proposed development(hotel)would be possible on this site. •If selected at current density,no changes needed to land use designation.Kezoning needed to allow residential development. •If selected at the higher density,change needed to both land use and zoning desi nations. Potential Housing Element Sites Pn e 4 0 4 8 f HCD Criteria Other Criteria Realistic Capacity � v � +,. V � � � �H ¢ o �-'' � w ° �1 �1 � "' t'" 'm m y ,:; � � �o .., V � � � G] v �a � v c v °' � � �c cr� v �" `tl � ... EIR Current Current °1 aon 01 'C N � Q � �j v � � Q `� °� °J 'C ,��e C7 � � � � Site Name/Type Address Size Land Use '� � � � � 3 v w � � q � o ,� � U � � � � � Notes,Comments and Zonin .� :�: u ;.. O � o �'' �., � a, o � ;� � y g �, � � x > � ,� a Reason For Recommendation for Removal or Inclusion No. Designation � • •„ °J � v a. '� ,. � � � �, e, F-' � � v a- ,� .�'' w � � �o�n ° � �� v �°, � o v � � � d �� ¢ o Q o0 � a`di m a�, � � z a`�i v v z �" � � ,�v" �' A � Q � o � v U ,� Q F" •Citibailk,Sunflower Learning Center,and older office blds Cypress •Size,density and location in a PDA make this a potential site. 19200,19220&19280 •Owned by two property owners. Btulding/�Iall Commercial/ 19 Stevens Creek Blvd 4.98 P(CG,Res) 25 � � � X* � � � � �l X Moderate 105 105 105 •Without expressed interest by property owners or developers to redevelop wid� Property/Workshop Office/Residential (Opposite Main Street) housing or mixed use,HCD will require a more in depth anaylsis and data will be Property required to illustrate redevelopment potential and viability. •If selected,no chan es are needed to land use or zonin desi ations. •5I I1�: f.LIA1lNF�l l�_l)f\l�l)IN.�`F:R IZf�:C�UL-Sl •Office and commercial buildings,tennis courts and arki�lot(�Gtrt�rd�jSto�er'�yr ... 21020,21040,21060, , �-'- — R •Variety of uses(officl c�mu�erc�el/�tet'Peakion)and multiple property owners could IntraHealth%Of�ice'/ �0�0�Ic�eSte�d Rd& Commercial/ -- n2'lce'this site challenging to redevelop without expressed property owner interest. N/A Tennis Courts/ APN:326 07 022,326 07 5.4� � — P(CG) 15-35 � � � X* � � � � X X Loyy , �-- T6'C` 161 Residential �` — � � � _ �. -- — •Size of site could allow for development of a substantial mixed use development. Warkshop Proposed 036(Homestead/ — .. _ _ _ i ; , � — ^ — •True viability will also be dependent on rezoning of the property.Current density is Stelling) � � � � � _ _ — � � "` ' — — � � _ � � � � 15 du/ac Could be increased to 35 du/ac. to be consistent with the rest of the ._ : --° ^ ` ' � '- � omestead Road area. TOTAL POSSIBLE UNITS 540 1766 2079 Notes: * If picked,sites under separate ownership or that do not have adequate frontage must be developed under one ownership or control.They shall be developed and masterplanned as one site.