HC Packet 10-10-2019CITY OF CUPERTINO
HOUSING COMMISSION
AGENDA
10300 Torre Avenue, City Hall Conference Room C
Thursday, October 10, 2019
9:00 AM
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of July 25, 2019
Recommended Action: Approve or modify the Draft Minutes of July 25, 2019
Draft Minutes of July 25, 2019
2.Subject: Draft Minutes of September 26, 2019
Recommended Action: approve or modify the Draft Minutes of September 26, 2019
Draft Minutes of September 26, 2019
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the commission on any matter not
on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the
commission from making any decisions with respect to a matter not listed on the agenda
WRITTEN COMMUNICATIONS
OLD BUSINESS
NEW BUSINESS
3.Subject: Fiscal Year (FY) 2019-20 Housing Commission Work Program Item:
Identifying a list of City owned parcels to be considered for affordable housing (APN,
lot size, land use)
Recommended Action: Receive list and provide any input to Staff
Staff Report
A - FY 2019-20 Housing Commission Work Program
STAFF AND COMMISSION REPORTS
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the
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Housing Commission Agenda October 10, 2019
next meeting who is visually or hearing impaired or has any disability that needs special assistance
should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for
assistance. Upon request, in advance, by a person with a disability, meeting agendas and writings
distributed for the meeting that are public records will be made available in the appropriate alternative
format. Also upon request, in advance, an assistive listening device can be made available for use
during the meeting.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment .
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
DRAFT MINUTES OF THE SPECIAL MEETING OF
THE HOUSING COMMISSION HELD ON JULY 25, 2019
CALL TO ORDER
Chair Zhao opened the meeting at 9:02am.
ROLL CALL
Commission Members present: John Zhao, Chair
Nina Daruwalla, Vice Chair
Sue Bose, Commissioner
Connie Cunningham, Commissioner
Staff present: Kerri Heusler, Housing Manager
APPROVAL OF MINUTES
1. Minutes of the July 11, 2019 Housing Commission meeting were approved as written. Commissioner
Cunningham made a motion and Commissioner Daruwalla seconded the motion.
APPROVE: Zhao, Daruwalla, Bose, Cunningham
ABSENT:
ABSTAIN:
VOTE: 4-0-0
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
NEW BUSINESS
2. Below Market Rate (BMR) Linkage Fees Update for the Cupertino BMR Housing Program
The Commission accepted a presentation from staff member Kerri Heusler, Eric Phillips of Goldfarb &
Lipman, and Sujata Srivastava of Strategic Economics. Staff and the consultant team answered questions
from the Commissioners and members of the public. Public comments were received from Leanna
Crabtree and Jennifer Griffin.
The Commission proposed the following changes:
Residential
Prohibit in-lieu fees entirely for residential 7+ units
Recommend the following inclusionary policies:
o Single Family- 20%
o Townhomes/Condos- between 20-25% defending on feasibility
2
o Rental- no change
Explore specific inclusionary percentages in between 15%, 20%, 25% for prototypes 1, 2 & 3
Include additional language in alternative means of compliance:
o Developer has to require an equivalent number of offsite units
o Acquisition of existing unit with a requirement to rehabilitate as BMR units
o Land donation option
Decide implementation date of new policy with consideration for the BMR units at the Oaks
Review existing parking policies with the goal of removing barriers to affordable housing with a
focus on reducing development costs and creating incentives around parking
Explore a prototype of apartments without retail to see if it is feasible
Non-Residential
Recommend the following fees:
o Office / R&D- between $25-30
o Hotel- $15
o Retail- no change
Commissioner Cunningham made a motion and Commissioner Daruwalla seconded the motion.
APPROVE: Zhao, Daruwalla, Cunningham
ABSENT:
DISAPPROVE:
ABSTAIN: Bose
VOTE: 3-0-1
STAFF AND COMMISSION REPORTS:
Staff member Heusler provided information about the following items:
1. Santa Clara County Homeless Census & Survey
2. Housing Commission recruitment
3. RHNA Subregion update- 2/1/20 deadline for regions to form and notify ABAG
4. Upcoming Events:
The Veranda Dedication- August 12
th
BMR Workshop- September 12
th
ADJOURNMENT:
The meeting was adjourned at 11:52am to the next regularly scheduled Housing Commission meeting.
Respectfully submitted:
/s/Kerri Heusler
Kerri Heusler
Housing Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE SPECIAL MEETING OF
THE HOUSING COMMISSION HELD ON SEPTEMBER 26, 2019
CALL TO ORDER
Vice Chair Daruwalla opened the meeting at 9:04am.
Commissioner Bose joined the meeting at 9:11am.
ROLL CALL
Commission Members present: Nina Daruwalla, Vice Chair
Sue Bose, Commissioner
Siva Gandikota, Commissioner
Sanjiv Kapil, Commissioner
Commission Members absent: Connie Cunningham, Commissioner
Staff present: Kerri Heusler, Housing Manager
Erick Serrano, Associate Planner
Katy Nomura, Assistant to the City Manager
CEREMONIAL MATTERS AND PRESENTATIONS
1. Election of Chair
The Commission selected Daruwalla as Chair. Bose moved and Gandikota seconded.
AYES: 4
NOES: 0
ABSTAIN: 0
ABSENT: Cunningham
VOTE: 4-0-0
Election of Vice Chair
The Commission selected Bose as Vice Chair. Daruwalla moved and Gandikota seconded.
AYES: 4
NOES: 0
ABSTAIN: 0
ABSENT: Cunningham
VOTE: 4-0-0
APPROVAL OF MINUTES
2. Minutes of the July 25, 2019 Housing Commission meeting were continued to the next regularly
scheduled meeting due to a lack of quorum.
ORAL COMMUNICATIONS
Member of the public Jennifer Griffin spoke on housing issues in Oregon.
2
WRITTEN COMMUNICATIONS
None
STUDY SESSION
3. Subject: Informational presentation regarding proposed changes to Municipal Code Amendments to
Title 5: Business License and Regulations and Title 19: Zoning, of the Cupertino Municipal Code to allow
Short-Term Rental uses in single-family residential zoning districts. Application No(s).: MCA-2018-02;
Applicant(s): City of Cupertino; Location: Citywide. Continued from the cancelled September 12, 2019
meeting.
The Commission accepted a presentation from staff members Erick Serrano and Katy Nomura. Staff
answered questions from Commissioners and members of the public. Public comments were received
from Jennifer Griffin.
The Housing Commission made the following recommendations:
Require notification to neighbors.
NEW BUSINESS
4. 2018-19 Community Development Block Grant (CDBG) Consolidated Annual Performance and
Evaluation Report (CAPER). Continued from the cancelled September 12, 2019 meeting.
The Commission accepted a presentation from staff member Kerri Heusler. Staff answered questions
from Commissioners.
Bose moved and Daruwalla seconded.
AYES: 4
NOES: 0
ABSTAIN: 0
ABSENT: Cunningham
VOTE: 4-0-0
STAFF AND COMMISSION REPORTS:
Staff member Heusler provided information about the following items:
September 12 Below Market Rate Workshop
October 7 Commissioner Dinner
ADJOURNMENT:
The meeting was adjourned at 10:17am to the next regularly scheduled Housing Commission meeting.
Respectfully submitted:
/s/Kerri Heusler
Kerri Heusler
Housing Manager
1
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • www.cupertino.org
HOUSING COMMISSION STAFF REPORT
October 10, 2019
Subject
Fiscal Year (FY) 2019-20 Housing Commission Work Program Item: Identifying a list of
City owned parcels to be considered for affordable housing (APN, lot size, land use)
Recommended Action
Conduct Public meeting; and
1. Review list of City owned parcels to be considered for affordable housing (APN, lot
size, land use) and provide any input to staff
Background
The Fiscal Year (FY) 2019-20 City Work Program was adopted by City Council on April
2, 2019. The Housing Commission Work Program includes the following item:
Identifying a list of City owned parcels to be considered for affordable housing (APN,
lot size, land use).
Discussion
A list of City owned parcels was created and reviewed for potential affordable housing
locations. It was determined that the following City owned properties could be
considered for affordable housing:
APN Description Zone Land
Use Address Current Use & Potential
Approx.
Gross Lot
Area
357
11
020
10301 Byrne
Ave
Acquisition
R1-8
Resid
ential
(0-4.4
DU/A
c.)
10301 Byrne
Avenue
FY 2019-20 City Work
Program item: feasibility
study underway for
Blackberry Farm entrance,
which could impact the
property with
dedications/easement and
help determine residential
uses. Single family home
on site.
Approx.
0.393
Acres
(17,112
SF)
Max.
Base
Density =
1.73 Units
(1 Unit)
357
07
029
Stevens
Creek
Corridor
between
Blackberry
Farm and
McClellan
R1-7.5
Low
Densi
ty(1-5
DU/A
c.)
22240 Scenic
Circle
Vacant. Considerations:
1) Unsure of Net Lot
Area; Storm Drain
Easements located on
property
2) FEMA Flood Zone
3) Liquefaction-
Inundation Geologic
Hazard Zone
4) Part of Park System,
though not zoned as Park
3.45
Acres
(150, 415
SF)
The 10301 Byrne Avenue Acquisition site is included in the FY 2019-20 City Work
Program / Housing Commission Work Program under the following item: Engage with
philanthropic organizations to find a way to build extremely-low income (ELI) housing
units for developmentally disabled (DD) and engage with Habitat for Humanity (or
other non-profit) to build ownership housing at 10301 Byrne Avenue (Priority Setting
Item). A feasibility study is underway to determine potential residential uses. This
item will be brought forward to the Housing Commission in Spring 2020.
The Stevens Creek Corridor between Blackberry Farm and McClellan site has certain physical
constrains that would need to be evaluated in order to determine feasibility and cost of
construction.
Next Steps
Evaluate and consider list as part of a future Housing Commission program.
Prepared by: Kerri Heusler, Housing Manager
Reviewed and Approved for Submission by: Benjamin Fu, Director of Community
Development
Attachments:
A -FY 2019-20 Housing Commission Work Program
Project/Task Project ObjectiveDriven by mandate, law, or Council priority/direction? (If yes, please specify)Resources Needed(e.g. funding and # of staff hours)Estimated Completion DateMeasurement Criteria(How will we know how we are doing?)Housing StrategiesExplore the development of strategies that provides a variety of products across the affordability levels including housing for the developmentally disabled, as well as those with moderate, low, very low, and extremely low income.City Work Program FY 2019-20 $20,000 / 50 hours Spring 2020 Draft of effective strategies and tools presented to Housing Commission, Planning Commission, and City Council.HomelessnessConduct audit of services available in Cupertino for the homeless community; confirm estimates of homelessness in Cupertino; explore solutions for homeless students.City Work Program FY 2019-20 $10,000 / 25 hours Spring 2020 Report on status of homelessness presented to Housing Commission and City Council.Engage with Philanthropic Organizations to find a way to build ELI housing units for Developmentally Disabled and Engage with Habitat for Humanity (or other nonprofit) to build ownership housing at 10301 Byrne Avenue1) Identify ways to build ELI housing units for developmentally disabled.2) Look at possibility of building 6-8 affordable ownership townhomes.City Work Program FY 2019-20 $150,000 plus additional development costs to be determined after feasibility study / 150 hoursSpring 2020 / Summer 2020Assist developers/nonprofits, completion of feasiblity study.BMR Linkage Fees UpdateConsider increasing linkage fees for residential and non- residential projects to provide funding for BMR affordable units.City Work Program FY 2019-20 $175,000, 100 hours Summer 2019 Housing Commission study session, Planning Commission study session, City Council study session.Incentives to Build Accessory Dwelling Units (ADUs)Provide incentives to build ADUs (which provide affordable housing opportunities) by reviewing ordinance and reducing fees.City Work Program FY 2019-20 $0, 40 hours Dec-19 Housing Commission presentation and recommendation, Planning Commission item, City Council item.Short-Term Rentals (STRs)Develop a regulatory program to regulate and collect Transient Occupancy Tax (TOT) from STRs.City FY 2019-20 Work Program $17,000, 500 hours Fall 2019 Housing Commission presentation and recommendation.Identifying a list of City owned parcels to be considered for affordable housing (APN, lot size, land use)Identify sites for potential affordable housing developments.N/A $0 / 2 hours Fall 2019 Housing Commission presentation and recommendation.Invite community groups to present affordable housing topicsLearn about organizations that serve Cupertino.N/A $0 / 2 hours Ongoing Housing Commission presentations.Monitor, Participate and Report on regional housing meetings including ABAG, RHNA, and HCD.Commissioners to follow meetings and participate in the process when possible.Council direction $0 / 2 hours Ongoing Commissioner reporting on regional housing meetings including ABAG, RHNA, and HCD.Housing Commission FY 2019-20 Work Program