Reso 6919 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6919
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF AMENDMENTS TO
CUPERTINO MUNICIPAL CODE SECTION 19.56.030A (TABLE 19.56.030) AND
19.56.030F (DENSITY BONUS ORDINANCE) TO INCENTIVIZE THE
DEVELOPMENT OF AFFORDABLE HOUSING BY ALLOWING FOR DENSITY
BONUSES OF UP TO 40 PERCENT
The Planning Commission recommends that the City Council adopt amendments to the
Cupertino Municipal Code in Chapter 19.56, in substantially similar form to the Draft
Ordinance attached hereto as Exhibit A:
PASSED AND ADOPTED at a Regular Meeting of the Planning Commission of the City
of Cupertino the 23rd day of February 2021, by the following roll call vote:
AYES: COMMISSIONERS: Chair Wang, Vice Chair Scharf, Saxena, Madhdhipatla
NOES: COMMISSIONERS: Kapil
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
Piu Ghosh R Wang
Planning Manager Chair, Planning Commission
EXHIBIT A
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE SECTIONS
19.56.030A (TABLE 19.56.030) AND 19.56.030F (DENSITY BONUS
ORDINANCE) TO INCENTIVIZE THE DEVELOPMENT OF
AFFORDABLE HOUSING BY ALLOWING FOR DENSITY BONUSES OF
UP TO 40 PERCENT
SECTION I: PROTECT DESCRIPTION
Application No.: MCA-2021-002
Applicant: City of Cupertino
Location: Citywide
SECTION II: RECITALS
WHEREAS, Cupertino Municipal Code Chapter 19.56 implements the requirements of
Government Code Section 65915 (state density bonus law)to incentivize the construction
of affordable units through the provision of density bonuses and other benefits; and
WHEREAS, the California Legislature has adopted AB 2345 (Chapter 197, Statutes of
2020), which provides in Government Code Section 65915(s) that a city may implement
a housing program in place of that in AB 2345 if it adopts an ordinance or housing
program or both that incentivizes the development of affordable housing and allows for
density bonuses that exceed 35 percent; and
WHEREAS, the City Council of the City of Cupertino on December 15, 2020, by
Resolution 20-141, adopted a housing program as provided in Section 65915(s) and
initiated a zoning code amendment to include the housing program described above into
the Cupertino density bonus ordinance, Municipal Code Chapter 19.56; and
WHEREAS, as demonstrated in the report from the Hausrath Economics Group dated
February 2021, the City's housing program to be incorporated into Chapter 19.56 by this
Ordinance will incentivize the development of affordable housing by increasing the
maximum density bonus from 35 percent to 40 percent for projects not including 100
percent affordable units (which are entitled to greater bonuses), consistent with the
requirements of Section 65915(s); and
WHEREAS,the Ordinance is consistent with the City's General Plan, and the City's police
power provides the City with the authority to adopt an affordable housing program to
further the public health, safety, and welfare; and
WHEREAS, on February 23, 2021, at a duly and properly noticed public hearing, the
Planning Commission recommended on a X-X vote that the City Council find that the
proposed zoning code amendments are exempt from environmental review pursuant to
Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty
that there is no possibility that adoption of the amendments may have a significant effect
on the environment. Therefore, the proposed action is not subject to CEQA. The
ordinance amendments will not allow any increase in density greater than that allowed
by the housing program adopted by the City Council in December 2020. The density
bonus increase to 40 percent contained in the proposed amendments does not increase
the number of units that may be constructed on any property, because this increase in
density has already been adopted by the City Council as part of the adopted housing
program; and
WHEREAS, on February 23, 2021, at a duly and properly noticed public hearing, the
Planning Commission recommended on a X-X vote that the City Council adopt the draft
Ordinance presented to it, in substantially similar form; and
WHEREAS, all necessary public notices having been given as required by the Municipal
Code of the City of Cupertino and the Government Code, on March 16, 2021, the City
Council held a public hearing to consider the Ordinance; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance.
SECTION III
NOW, THEREFORE, BE IT ORDAINED:
That after careful consideration of facts, exhibits, testimony and other evidence submitted
in this matter the City Council hereby adopts the Ordinance based on the findings
described below, the public hearing, and the record, as follows:
Section 1. The recitals set forth above are true and correct and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council finds the following as set forth by Municipal Code
Sections 19.152.020C and 19.152.030D:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and
the City's Comprehensive General Plan (Community Vision 2040) and the proposed
amendments are internally consistent with Title 19 of the Municipal Code.
The proposed amendments have been adopted in accord with the requirements of Title 19, and
the proposed amendments to Section 19.56.030F are proposed to achieve internal consistency.
The amendments are consistent with the Housing Element of the General Plan, which in
Program HE-2.3.7 states that the City will update the density bonus ordinance as necessary to
respond to changes in State law. The proposed Ordinance is intended to update the City's density
bonus ordinance to respond to changes in State law, as described in the staff report presented to
the Planning Commission and City Council.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The proposed amendments are exempt from environmental review pursuant to Section
15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would
be no possibility of a significant effect on the environment, in that the proposed density bonus
increases are already in effect, in that they were adopted by the City Council on December 15,
2020 as part of a housing program to incentivize the development of affordable housing.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints) for
the requested zoning designation(s) and anticipated land use development(s).
The proposed ordinance amendments are not being applied to any specific site, nor is it reasonably
foreseeable which sites, if any, may elect to utilize the proposed ordinance amendments. The
impact of a density bonus in excess of 35 percent and the suitability of a site for that bonus will
be reviewed when an application is made for its use on a specific site.
4. The proposed zoning will promote orderly development of the City.
The proposed amendment is intended to promote the development of affordable housing in the
City. The bonuses proposed do not exceed,and are somewhat less than, those that would otherwise
be imposed by State law.
5. That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The proposed ordinance amendments are not being applied to any specific site, nor is it reasonably
foreseeable which sites, if any, may elect to utilize the proposed ordinance amendments. The
impact of a density bonus in excess of 35 percent and the effect of that bonus on the health, safety,
peace, moral and general welfare of persons residing or working in the neighborhood of a site will
be reviewed when an application is made for its use on a specific site.
Section 3. The City Council hereby approves the following amendments to
the Cupertino Municipal Code:
1. Table 19.56.030 in Section 19.56.030A of the Cupertino Municipal Code is
hereby amended to read as follows:
Proportion of Total Maximum
Income Level of unit Affordable Dwelling Units Density Bonus
5% 20%
Very Low Income(') 6% - 12% 22.5% - 37.5%
13% or more 40%
10% 20%
Low Income(2) 11% -22% 21.5% -38.5%
23% or more 40%
Moderate Income(3) 10% 5%
(Common interest 11% -44% 6% - 39%
developments) 45% or above 40%
(1) For each 1% increase over 5% of the target units, the density bonus
shall be increased by 2.5%, up to a maximum of 40%.
(2) For each 1% increase over 10% of the target units, the density bonus
shall be increased by 1.5%, up to a maximum of 40%.
(3) For each 1% increase over 10% of the target units, the density bonus
shall be increased by 1%, up to a maximum of 40%.
2. Section 19.56.030F of the Cupertino Municipal Code is hereby amended to
read as follows:
F. Density Bonus Calculations:
1. A density bonus may be selected from only one category listed in
Section 19.56.020A(1), except that density bonuses for land donation may
be combined with others, up to a combined maximum of 3540 percent, and
an additional square-foot bonus may be granted for a child day care facility
as provided in Section 19.56.030C.
2. In determining the number of density bonus units to be granted, any
fractions of density bonus units shall be rounded up to the next whole
number.
3. Density bonus units authorized by this section shall not be included
when determining the number of affordable units required to qualify for
the density bonus. In determining the number of affordable units required
to qualify for a density bonus, any fractions of affordable units shall be
rounded up to the next whole number.
4. An applicant may request a lower density bonus than the housing
development is entitled to, but no reduction will be permitted in the
percentage of required affordable units as shown in Section 19.56.020 or
Section 19.56.020C.
5. Regardless of the affordable units, no housing development will be
entitled to a density bonus of more than 40 percent,unless approved by the
City pursuant to Section 19.56.030F(6).
6. The City, at its discretion, may grant a density bonus higher than the
maximum set forth in Table 19.56.030 to a housing development where all
units (except manager's unit(s)) are affordable to lower income households.
7. For purposes of calculating a density bonus, the residential units do
not have to be based upon individual subdivision maps or parcels. The
bonus units shall be permitted in geographic areas of the housing
development other than the areas where the affordable units are located.
Section 4. If any portion of this Ordinance or its application is for any reason
held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of
the remaining portions of the Ordinance, or its application to any other person or
circumstance.The City Council hereby declares that it would have adopted each section,
sentence, clause or phrase of this Ordinance,irrespective of the fact that any one or more
other sections, sentences, clauses or phrases of the Ordinance be declared invalid,
unenforceable or unconstitutional.
Section 5. The City Council hereby finds that the proposed Ordinance
amendments are exempt from environmental review pursuant to Section 15061(b)(3) of
the California Environmental Quality Act (CEQA) Guidelines because it can be seen
with certainty that there is no possibility that adoption of the amendments may have a
significant effect on the environment. Therefore, the proposed action is not subject to
CEQA. The ordinance amendments will not allow any increase in density greater than
that allowed by the housing program adopted by the City Council in December 2020.
The density bonus increase to 40 percent contained in the proposed amendments does
not increase the number of units that may be constructed on any property,because this
increase in density has already been adopted by the City Council as part of the adopted
housing program The City Council further directs the Director of Community
Development to file a Notice of Exemption with the Santa Clara County Recorder in
accordance with CEQA and the CEQA guidelines.
INTRODUCED this day of ,2021, at a Regular Meeting of the City Council of
the City of Cupertino and ENACTED on the day of ,2021, at a Regular Meeting
of the City Council of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
Darcy Paul, Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date