Desk Item 2-11-20 Desk Item
Planning
Commission
Meeting
2 - 11 - 2020
J
Density Bonus:
As I understand it, a project needs to comply with local standards
prior to adding Density Bonus Units. See reverences and language
below:
. Reference Cupertino Municipal Code Chapter 19.56.060 (B)(9)
09. For any requested waiver of a development standard, plans
showing the existing development standard, the requested
waiver and a demonstration that the development standard for
which the waiver is requested will havethe effect of physically
precluding the construction of the housing development with
the density bonus and incentives or concessions that the
applicant is entitled to.
.California State Density Bonus Law, Ca. Gov. Code Section
65915(e)(1) states
0(e) (1 ) In no case may a city, county, or city and county apply any
development standard that will have the effect of physically
precluding the construction of a development meeting the criteria of
subdivision (b) at the densities or with the concessions or incentives
permitted by this section. Subject to paragraph (3), an applicant may
submit to a city, county, or city and county a proposal for the waiver
or reduction of development standards that will have the effect of
physically precluding the construction of a development meeting the
criteria of subdivision (b) at the densities or with the concessions or
incentives permitted under this section, and may request a meeting
with the city, county, or city and county.
.A development must first demonstrate that the base project complies
with the local zoning, setback, hei1g ht, and other local requirements
prior to requesting the concessions, incentives, or waivers.
.City Council needs to make findings on the Density Bonus units' being
compliant with the law.
. Please Hold a study session on Density Bonus as shown in the
agenda item report for today
General Plan Amendment Process:
. It must be very clear if and when a General Plan amendment can be
refused by the Planning Commission after it has been "passed
through the gate" by City Council
. Are there no normal checks and balances — 'Does anything go' --
once City council allows a project through the gate?
. Please hold a,joint study session on the General Plan Amendment
process
Community Benefits — so called, but not actually in the General Plan
In General, I am not comfortable with the term `Community Benefits'. I have
stated in thepast, andgiven documentation, that citysurveys have shown
Y
that residents DO NOT look favorablythis Wild West bargaining. . . which
often backfires. We have seen many examples of Community Benefits
being a big Goose Egg. . . and quite frankly, a game. Are they even equitable
across projects? I say no, they are not. ( 2 Hotel example ).
Remember that the grand GPA actually Removed the `practice' of
Community Benefits. A buzz phrase that now even FHDA is using and tying
to their Measures G and H.
. Community benefits should have some connection to how much the
project applicant is requesting be changed in their favor, and be
related to the project type. They should be measured in some
consistent way as they relate to `promised value' vs 'well considered
sacrifice'.
. City Staff should be alerting the Planning Commission and City Council
in their staff report when there are imbalances between project
applicant requirements.
� h
Note: With regards to the De Anza Hotel, the community benefits of
$500,000 do not appear to be fair and reasonable given the added height
and decreased setback when compared to the Cupertino Village Hotel
community benefits of $1 .85 Million -over 3 times DeAnza when height and
setback requirements were adhered to.