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HomeMy WebLinkAboutPC 03-09-2026 Youtube and Zoom TranscriptWEBVTT 1 00:00:09.500 --> 00:00:15.940 Community Hall: Good evening, and welcome to the Planning Commission meeting for Monday, March 9th, 2026. Please rise for the Pledge of Allegiance. 2 00:00:19.380 --> 00:00:23.319 Community Hall: I pledge allegiance to the flag of the United States of America. 3 00:00:23.650 --> 00:00:31.489 Community Hall: and to the Republic of justice, one nation, under God, indivisible, with liberty and justice for all. 4 00:00:35.170 --> 00:00:38.210 Community Hall: Alright, City Clerk, may we please have the roll call? 5 00:00:38.410 --> 00:00:39.729 Community Hall: Commissioner Feng? 6 00:00:40.480 --> 00:00:47.379 Community Hall: Commissioner Linskog? Here. Commissioner Rao? Here. Vice Chair Sharpe? Here. Chair Kasosheron? Here. 7 00:00:47.580 --> 00:00:51.320 Community Hall: And for the record, Commissioner Fung is absent with all present. 8 00:00:53.160 --> 00:01:01.329 Community Hall: Excellent, thank you. So we'll now move on to approval of the minutes from the February 24th, 2026 Planning Commission. Do we have a motion? 9 00:01:03.010 --> 00:01:07.849 Community Hall: I believe there's a modified set of minutes, is that right? Did I… 10 00:01:08.840 --> 00:01:18.999 Community Hall: Okay, so we're supposed to read something that's different from what was provided. Can… can someone summarize what changed? 11 00:01:24.970 --> 00:01:29.069 Community Hall: I'm not sure if staff can comment on what changed, maybe it's a minor change. 12 00:01:30.600 --> 00:01:45.569 Community Hall: I made a request for a change, I don't know if there were any other changes. I did not have any other changes, I'm just looking at this now. I think if I can… So, the only change was, for my motion on, 13 00:01:46.580 --> 00:01:56.940 Community Hall: the Evelidge Court, development to clarify that the motion that we approved included, the access to the trail. 14 00:01:58.540 --> 00:02:01.419 Community Hall: I see, and that wasn't in the original minutes? No. 15 00:02:01.540 --> 00:02:03.160 Community Hall: Okay. Thank you. Bye. 16 00:02:06.080 --> 00:02:08.889 Community Hall: I move to approve the minutes. I second. 17 00:02:21.250 --> 00:02:23.220 Community Hall: The motion carries unanimously. 18 00:02:23.610 --> 00:02:29.879 Community Hall: Great, thank you. So, we have no postponements, we'll move on to oral communications. City Clerk, do we have any public comments? 19 00:02:46.240 --> 00:02:49.859 Community Hall: We have no speakers in person, and no hands raised on Zoom, Chair. 20 00:02:50.910 --> 00:03:00.569 Community Hall: Okay, thank you. Moving right along, we will move on to the study session, which is an update to the health and safety element of the Cupertino General Plan 2015-2040 Community Vision. 21 00:03:00.790 --> 00:03:03.079 Community Hall: May we please have the staff report? 22 00:03:03.310 --> 00:03:06.329 Community Hall: Yes, thank you, Chair, members of the Planning Commission. 23 00:03:06.480 --> 00:03:25.639 Community Hall: I would like to introduce Eli Crispy with Placeworks, who will be leading what is the, second time the health and safety element has been brought before the Planning Commission. I can't remember the exact date, but this, again, is a study session format, so we're looking for any comments you may have about the, 24 00:03:25.710 --> 00:03:34.129 Community Hall: health and safety element, which is a little further along, a little lengthier than the last time. This will be then going through City Council. 25 00:03:34.200 --> 00:03:47.609 Community Hall: after this, I believe the end of April is the date, and we'll then be going through a process, which will involve review by CAL FIRE. So we want to make sure we get the Commission and the City Council's comments prior to sending it to CAL FIRE. 26 00:03:47.770 --> 00:03:53.630 Community Hall: So, with that, I will turn the presentation itself over to Eli, and after that, we can answer questions. 27 00:03:54.770 --> 00:04:03.290 Community Hall: Good evening, Chair, members of the Commission, Eli Crispy with Placeworks. I will be giving a brief presentation on the Health and Safety Element Update. 28 00:04:07.910 --> 00:04:24.009 Community Hall: So, the health and safety element serves as the city's safety element of the general plan. It is a mandatory component of the general plan, so all cities and counties in California must have this document or something comparable. The role of the safety element is really to identify 29 00:04:24.130 --> 00:04:33.910 Community Hall: The hazards of concern in the community, both natural and human-caused hazards, and to establish policies to help protect the community against these hazards. 30 00:04:34.320 --> 00:04:45.230 Community Hall: Cupertino's current health and safety element was adopted in 2014, and since then, there have been a number of changes to state law and other issues that have come up that have necessitated the update. 31 00:04:47.360 --> 00:04:58.820 Community Hall: State law also requires now that the health and safety element be updated generally once the housing element has been updated, or at least that it is reviewed or updated every 8 years. 32 00:04:59.250 --> 00:05:15.319 Community Hall: So, in response to that requirement, we have gone through the health and safety element and made sure to address the new state requirements that have come into play, which I will talk about in a moment, as well as to incorporate any new issues of concern that have arisen in the community or that have been raised. 33 00:05:15.820 --> 00:05:28.319 Community Hall: We have wanted to make sure that we are incorporating the larger framework of safety-related plans that Cupertino and other communities in Santa Clara County have been working on since the last update. 34 00:05:28.390 --> 00:05:38.400 Community Hall: So to that end, the safety… the health and safety element now incorporates the Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan, which a city is a participant in. 35 00:05:38.820 --> 00:05:46.869 Community Hall: the Santa Clara County Community Wildfire Protection Plan, the City's Climate Action Plan 2.0, and a handful of other documents. 36 00:05:47.660 --> 00:05:53.269 Community Hall: It should be noted that including the county multi- jurisdictional housing mitigation plan. 37 00:05:53.400 --> 00:05:57.500 Community Hall: does potentially make the city eligible for increased funding from FEMA? 38 00:05:57.640 --> 00:06:04.399 Community Hall: And it potentially also makes the city eligible for increased disaster relief funding from the state if that ever were to become necessary. 39 00:06:06.510 --> 00:06:16.980 Community Hall: Here are some of the changes to state law that have come into play, either have been adopted since the last update to the housing… to the health and safety element, or have, 40 00:06:17.190 --> 00:06:19.499 Community Hall: Come into force since that time. 41 00:06:19.590 --> 00:06:36.289 Community Hall: Most prominently, Senate Bill 379, which was adopted in 2015, requires that the health and safety element look at the impacts of climate change, how it may affect the frequency and intensity of natural hazards, the impacts of those natural hazards on the community. 42 00:06:36.320 --> 00:06:43.180 Community Hall: And that the health and safety element includes goals, policies, and actions to protect against that changing hazard condition. 43 00:06:43.270 --> 00:06:55.280 Community Hall: Also, Senate Bill 99 and Assembly Bill 747, both adopted in 2019, require that the health and safety element conduct some evacuation-related analyses 44 00:06:55.410 --> 00:07:08.180 Community Hall: and identify certain areas where there may be evacuation challenges. So, as part of this update, the City has prepared those analyses and have used them to inform certain policy improvements that you'll see in the document. 45 00:07:10.800 --> 00:07:26.919 Community Hall: This is a very high-level overview of the changes that we have made to the policies. In particular, we have updated a lot of the wildfire policies to make sure that they are consistent with state law and the new state mapping, which the city adopted last year. 46 00:07:27.250 --> 00:07:37.979 Community Hall: There have also been a handful of other updates to other sections of the plan. Certainly the wildfire section probably got the most extensive updates. We have gone through and made updates throughout. 47 00:07:38.160 --> 00:07:52.530 Community Hall: There are some enhanced standards around floodplain protection, in particular around any critical facilities that may be located in areas subject to floods. There are the new evacuation data results and some new policies resulting from that. 48 00:07:52.660 --> 00:07:58.720 Community Hall: We have expanded the policies that protect against changing natural hazards as a result of climate change. 49 00:07:59.000 --> 00:08:02.059 Community Hall: There are some new standards around infrastructure resilience. 50 00:08:02.260 --> 00:08:13.619 Community Hall: And then we have also gone through the policies and been… tried to be very clear about when a policy applies to a new development project versus when it applies to an existing one. 51 00:08:16.110 --> 00:08:22.830 Community Hall: Starting to go through a little more detail, beginning with some of the emergency preparedness and infrastructure policies. 52 00:08:23.020 --> 00:08:33.110 Community Hall: There are some expanded policies about emergency communications, in particular making sure that emergency communications and notifications are made available in multiple languages. 53 00:08:33.429 --> 00:08:35.929 Community Hall: There's some increased language about 54 00:08:36.039 --> 00:08:46.729 Community Hall: having Cupertino coordinate with other neighboring agencies and with others in the region, and to strengthen some of the communication and coordination protocols that relate to evacuations. 55 00:08:46.970 --> 00:08:50.249 Community Hall: We have included policies about 56 00:08:50.350 --> 00:09:04.770 Community Hall: Fortifying and making more resilient certain key pieces of municipal infrastructure. And we have also updated some of the language in the health and safety element to be clear about the risks associated with the public safety power shutoffs, which were not an issue in 2014. 57 00:09:07.100 --> 00:09:13.919 Community Hall: The evacuation studies that I mentioned, this is something that the city led and prepared a draft of that last year. 58 00:09:14.090 --> 00:09:32.679 Community Hall: per state law, the analyses have to look at the capacity, safety, and viability of the city's potential evacuation routes. It's not saying that these are the routes that will be taken, but should an evacuation be necessary? These are the most likely ways that people would get out of an affected zone. Are those 59 00:09:32.790 --> 00:09:37.850 Community Hall: Routes safe and viable, and do they have the capacity to support that evacuation? 60 00:09:38.270 --> 00:09:44.199 Community Hall: We looked at 3 different, wildfire scenarios, including, 2 that… 61 00:09:44.330 --> 00:09:52.770 Community Hall: Would have occurred, or, excuse me, two that would have occurred, if a wildfire happened after an earthquake, so you've done greater, potential for constraints. 62 00:09:53.040 --> 00:10:00.069 Community Hall: We also looked at any residential areas where there may be limited emergency access, or emergency egress. 63 00:10:03.020 --> 00:10:14.270 Community Hall: Based on the results of those analyses, which are included as an appendix to the health and safety element, we did add a number of policies into the element that are meant to try and mitigate some of those impacts. 64 00:10:14.430 --> 00:10:22.809 Community Hall: So there are policies about providing multiple evacu… access to evacuation routes for new development, to the extent that that is feasible. 65 00:10:23.260 --> 00:10:33.149 Community Hall: We have reinforced and revised some of the ingress and egress standards in the development review process, especially in coordination with improvements to state law. 66 00:10:33.330 --> 00:10:45.280 Community Hall: And as I mentioned, there's greater coordination… policies calling for greater coordination with neighboring emergency management agencies to ensure that an evacuation and emergency response can be conducted effectively. 67 00:10:48.320 --> 00:10:57.709 Community Hall: The city adopted the updated wildfire hazard mapping as proposed by CAL FIRE last year, so we have made sure that that updated mapping is now in the health and safety element. 68 00:10:57.940 --> 00:11:10.210 Community Hall: That replaces the previous framework for maps with the new designations. And we have revised and expanded on the wildfire reduction policies, really to make sure that we are consistent with state law. 69 00:11:11.840 --> 00:11:28.850 Community Hall: Here are some of the major changes that have occurred to the wildfire policies. I'm not intending to go through every single one, but as you can see, there are some policies that apply to new development, some that apply to existing development. Many of these are policies that are already state mandates. 70 00:11:29.020 --> 00:11:43.770 Community Hall: These are already in the building code or in other sections of California law, so all that we have done is made sure that that language is now reflected in the health and safety element, and it's just being very clear that Cupertino is doing what the state says the city has to do. 71 00:11:44.000 --> 00:11:59.210 Community Hall: Many of these other ones that do not have a specific citation to state law, those are CAL FIRE's standard recommendations. So they propose these and recommend that cities include them for any community that has these very high wildfire hazard zones. 72 00:12:01.720 --> 00:12:16.200 Community Hall: There have been some updates to the seismic and geologic hazards section in the health and safety element, including updating the landslide and steep slope hazard discussion and mapping, again, making sure that it is consistent with the current data and with current understanding. 73 00:12:16.830 --> 00:12:24.380 Community Hall: We have updated some of the language about emergency access during seismic events, again, tying back to the results of the evacuation study. 74 00:12:24.600 --> 00:12:40.809 Community Hall: We have clarified some of the geotechnical review requirements for new development. Again, not to go beyond what is required, but to make sure that we are consistent with the city's previously adopted regulations, and that we are consistent with what the state is requiring. 75 00:12:41.060 --> 00:12:48.490 Community Hall: We have also clarified some limitations related to grading on steep slopes. Again, that is consistent with what is already on the books at the City. 76 00:12:50.690 --> 00:13:00.510 Community Hall: There have been some updates to the hazardous waste and materials section. We have updated some of the regulatory references to make sure that they are reflecting the current oversight requirements. 77 00:13:00.790 --> 00:13:05.739 Community Hall: We have reinforced some of the environmental site assessment requirement policies in the element. 78 00:13:05.990 --> 00:13:14.179 Community Hall: We've maintained the requirement for stringent risk reduction measures for any new development that is proposed near known hazardous material site. 79 00:13:14.380 --> 00:13:25.409 Community Hall: And there is a stronger commitment in the document to coordinate with regulatory agencies, including federal and state agencies, as appropriate, for any ongoing cleanup and monitoring activities. 80 00:13:27.380 --> 00:13:33.930 Community Hall: On the flood side of things, we have updated the flood mapping, consistent with the currently adopted flood maps from FEMA. 81 00:13:34.130 --> 00:13:40.199 Community Hall: We've clarified some of the areas that would be subject to inundation should a dam fail. 82 00:13:40.590 --> 00:13:51.740 Community Hall: We have, again, going back to this theme of ensuring that critical infrastructure remains functional and serviceable, we have identified some policies around that to continue to provide essential services. 83 00:13:52.200 --> 00:13:59.329 Community Hall: There are some stronger standards for new development and for certain types of redevelopment in flood-prone areas. 84 00:13:59.420 --> 00:14:12.500 Community Hall: Again, maintaining that any existing use in flood-prone areas continues to meet… must continue to meet the current state and federal standards, but we are not proposing anything that goes beyond what the federal and state governments already apply. 85 00:14:12.820 --> 00:14:21.059 Community Hall: And then again, the theme around improved coordination, reinforcing some of the coordination with the county and regional flood control agencies. 86 00:14:23.770 --> 00:14:30.140 Community Hall: On the climate vulnerability side, we have conducted the vulnerability assessment as required by state law. 87 00:14:30.340 --> 00:14:45.780 Community Hall: We have identified flooding, extreme heat, and wildfire as the climate change-related hazards that are likely to be of greatest risk to the community. Certainly, there are other hazards that could still cause significant impacts, but these are probably the three… 88 00:14:45.960 --> 00:14:50.420 Community Hall: That have the potential to cause the greatest impacts among the climate change-related issues. 89 00:14:50.840 --> 00:14:55.719 Community Hall: We have identified the populations and pieces of infrastructure in the city. 90 00:14:56.000 --> 00:15:09.310 Community Hall: who, that are likely to be most harmed or face the greatest risk of harm as a result of these hazards. And in response, we have added a number of climate adaptation and resilience strategies to protect against these future changes. 91 00:15:10.210 --> 00:15:13.049 Community Hall: That includes a number of policies around… 92 00:15:13.280 --> 00:15:19.200 Community Hall: Communicating the changing hazard conditions, you know, just because something has been the same way 93 00:15:19.360 --> 00:15:33.790 Community Hall: same types of hazards for the past 30, 50 years or more. We do expect an increase in frequency and intensity of a number of these hazards. We want to make sure that the city's outreach and education campaigns around hazards and safety are reflecting that. 94 00:15:33.910 --> 00:15:45.160 Community Hall: And in particular, we want to make sure that people who are most likely to be harmed by climate change, those frontline communities, that they have access to the information and the resources that they need to stay safe. 95 00:15:48.320 --> 00:15:58.880 Community Hall: We have gone through the policies and the safety element that relate to development, and tried to be very, very clear if a requirement is applying to new development. 96 00:15:59.000 --> 00:16:05.559 Community Hall: to redevelopment, or if it applies to both. A lot of that is consistent with the state wildfire requirements. 97 00:16:06.090 --> 00:16:18.540 Community Hall: There are some new risk reduction standards around existing neighborhoods, making sure that, again, state building standards are applying primarily to new development, but there are some requirements to 98 00:16:18.710 --> 00:16:22.729 Community Hall: Maintain and enforce standards for existing developments. 99 00:16:23.100 --> 00:16:36.980 Community Hall: We have tried to clarify when certain policies do apply, for example, if a subdivision is above a certain size, or if there are changes to the land use on a parcel that would trigger when state law comes into play. 100 00:16:37.200 --> 00:16:41.629 Community Hall: We have tried to provide some increased transparency and predictability around development review. 101 00:16:41.750 --> 00:16:51.399 Community Hall: And the whole goal here, really, again, is to ensure that we are being consistent with the state's requirements and the state's planning for wildfire and evacuation safety. 102 00:16:53.810 --> 00:17:00.369 Community Hall: The health and safety element also contains Cupertino's noise element, which is another mandatory component of the general plan. 103 00:17:00.510 --> 00:17:10.070 Community Hall: The noise element was not part of the comprehensive update, but there were some minor updates that were made to ensure consistency with the city's current municipal requirements. 104 00:17:10.240 --> 00:17:18.530 Community Hall: And those… many of those revisions reflect input that we've received from the Planning Commission and from the Public Safety Commission during last year's study sessions. 105 00:17:19.410 --> 00:17:32.919 Community Hall: We have added a few implementation strategies that are meant to guide the review of new noise-related or noise-generating uses, and that includes public and private recreation areas, or recreation activities, excuse me, near residential areas. 106 00:17:33.070 --> 00:17:39.009 Community Hall: And there is some added consideration about restrictions of the quarry truck operations during the designated quiet hours. 107 00:17:42.330 --> 00:17:54.309 Community Hall: So at the moment, we are in the public review process. We are conducting hearings with the Planning Commission and City Council, and we hope to hear feedback from members of the public and from the Commission and Council. 108 00:17:54.590 --> 00:18:09.659 Community Hall: Following the close of the public comment and the incorporation of any public comments into the document, we will then, as Luke mentioned, submit the health and safety element for review by CAL FIRE and by other state agencies, and that is a mandatory review process. 109 00:18:09.870 --> 00:18:13.560 Community Hall: Cal FIRE is allowed to take up to 90 days to conduct that process. 110 00:18:14.590 --> 00:18:29.389 Community Hall: Following the review by state agencies and any further changes that they might recommend for the health and safety element, we will then prepare the… an addendum to the Certified General Plan EIR that will act as the environmental review document for the health and safety element. 111 00:18:29.680 --> 00:18:39.990 Community Hall: And then lastly, we will bring the document back to the Planning Commission and to the City Council for public hearings. At the moment, we are expecting those to be in the fall of this year. 112 00:18:41.900 --> 00:18:48.250 Community Hall: So our staff's recommendation to the Commission is to receive the presentation and provide input on the public draft element. 113 00:18:48.570 --> 00:18:51.970 Community Hall: And with that, thank you for your time. We'd be happy to answer any questions. 114 00:18:53.330 --> 00:19:00.940 Community Hall: Great, thank you very much for the very comprehensive presentation and the updates to the health and safety element. We'll bring this back to the Commission. Do we have any questions? 115 00:19:01.200 --> 00:19:08.150 Community Hall: Yeah, sure. I can go first. Yes, Commissioner Rao? There is a policy in the draft, 116 00:19:08.570 --> 00:19:09.860 Community Hall: the red line draft. 117 00:19:10.020 --> 00:19:14.030 Community Hall: That talks about requiring new subdivisions, or 5 or more. 118 00:19:14.200 --> 00:19:17.280 Community Hall: units to have at least two ingress and egress routes. 119 00:19:17.670 --> 00:19:26.529 Community Hall: Can you clarify if that's two ingress-egress into the subdivision, or is that ingress-egress as seen by the… 120 00:19:26.750 --> 00:19:29.779 Community Hall: Public streets that connect to that subdivision. 121 00:19:29.930 --> 00:19:34.799 Community Hall: I think it's the latter of that, so it essentially would have two ways in and out. 122 00:19:34.900 --> 00:19:42.810 Community Hall: Okay. So, a full access at two different points. So this would not, for example, be… Imposing… 123 00:19:43.180 --> 00:19:46.959 Community Hall: on developments that are in progress in the city that now 124 00:19:47.170 --> 00:19:51.490 Community Hall: we have a requirement that the FHIR code does not, in terms of 125 00:19:51.710 --> 00:19:58.780 Community Hall: For example, the fire code may have a requirement that says at a 100-unit threshold, you may need to have 2 ingress egress. 126 00:19:58.910 --> 00:20:02.070 Community Hall: But here, I read the policy saying at 5 units or more. 127 00:20:02.190 --> 00:20:05.970 Community Hall: We need two ingress egress. We are not trying to override the far… 128 00:20:06.200 --> 00:20:11.640 Community Hall: code requirements, is that correct? That is correct. And again, this is not in effect yet, as well. 129 00:20:11.850 --> 00:20:13.060 Community Hall: the safety element. 130 00:20:13.190 --> 00:20:21.040 Community Hall: Okay, and could you expand on that a little bit, in terms of when this takes effect and how it applies to projects that are in flight right now? 131 00:20:22.580 --> 00:20:31.900 Community Hall: projects that would be filed right now, and some could even be SB330 projects, where they have locked-in standards going back even a year or more. 132 00:20:32.000 --> 00:20:39.190 Community Hall: But projects are subject to what is on the books today, not something that has not yet been adopted, so… 133 00:20:39.210 --> 00:20:52.609 Community Hall: I think, as Eli said, we're expecting this to be fall sometime, that we would have this adopted. And keep in mind, through comments, all of these things could be changed as of yet by either the Commission, the City Council. 134 00:20:52.740 --> 00:20:58.469 Community Hall: Cal FIRE's review, especially on fire issues, will, carry a lot of weight as well. 135 00:20:59.230 --> 00:21:00.060 Community Hall: Thank you. 136 00:21:02.080 --> 00:21:03.909 Community Hall: Great, any other questions? 137 00:21:06.970 --> 00:21:21.910 Community Hall: I did have one question for Eli. The evacuation study, was great, and also, I think, very alarming. I was curious how we compare to neighboring cities, particularly around, like, the volume-to-capacity ratios were very high. 138 00:21:26.740 --> 00:21:34.800 Community Hall: I could let Eli try, but I don't know that… especially since the studies just came in through AB747 and are fairly new. 139 00:21:34.990 --> 00:21:46.609 Community Hall: I think if you look at the beginning, it's pretty much saying we're embarking on a new science, more or less, the Farron-Pierce report. So I have not seen what other cities, 140 00:21:47.080 --> 00:21:52.029 Community Hall: what their studies are coming back like. I would suspect… 141 00:21:52.500 --> 00:21:55.450 Community Hall: Communities that have a lot of hillside properties. 142 00:21:55.670 --> 00:22:03.310 Community Hall: That's where you're gonna tend to have the volume to capacity ratios more so than other areas of the city. 143 00:22:05.250 --> 00:22:08.150 Community Hall: Okay, thank you. Any other questions? 144 00:22:08.950 --> 00:22:15.070 Community Hall: So, would it be appropriate to put something in this document regarding… 145 00:22:15.730 --> 00:22:22.239 Community Hall: Seismic retrofits of public buildings that are vital in an emergency, like our EOC, which 146 00:22:22.620 --> 00:22:26.170 Community Hall: Is not retrofitted, and our city hall, which is not. 147 00:22:26.850 --> 00:22:28.389 Community Hall: Seismically safe. 148 00:22:30.970 --> 00:22:34.600 Community Hall: I don't know if you want to get into a level of detail like that, I think… 149 00:22:35.370 --> 00:22:42.099 Community Hall: Something to remember with this is it's a general plan, and these are policies, and to start specifying 150 00:22:42.580 --> 00:22:44.239 Community Hall: specific buildings. 151 00:22:44.790 --> 00:22:47.810 Community Hall: Or getting a higher degree of specificity. 152 00:22:47.970 --> 00:22:52.399 Community Hall: It's not necessarily wrong, but this may not be the document to put that in. 153 00:22:53.180 --> 00:23:02.579 Community Hall: Yeah, I'm thinking… I mean, public buildings that are vital in an emergency, not… Instead of specifying specific buildings. 154 00:23:04.420 --> 00:23:14.390 Community Hall: That may be a better way to go. There may also be some policies in our infrastructure element as well. I'm not entirely sure about that, but that may address public buildings as well. 155 00:23:14.560 --> 00:23:24.679 Community Hall: But I think keeping it general about public facilities, and keeping them current in terms of seismic safety, that would certainly be an acceptable goal or policy. 156 00:23:25.350 --> 00:23:35.390 Community Hall: Okay, let's see, Chair Rao already asked about the, dual ingress an egress… 157 00:23:37.450 --> 00:23:41.419 Community Hall: Can you go more into the noise issue, especially regarding… 158 00:23:41.820 --> 00:23:44.400 Community Hall: The, trucks from the quarry. 159 00:23:44.750 --> 00:23:53.450 Community Hall: Are we doing… Average noise, or peak noise at a certain hour, or how… how are we doing this? 160 00:23:55.840 --> 00:24:01.070 Community Hall: This is a question from a resident, so that's why I'm… Asking this. 161 00:24:01.710 --> 00:24:10.180 Community Hall: Yeah, I don't have the committed to memory, but I think we are focusing on the nighttime hours and early morning hours in terms of the truck noise. 162 00:24:10.460 --> 00:24:21.000 Community Hall: I know one of the quarry's ongoing issue is that it actually predates permit requirements from the county. It's been in operation so long that it 163 00:24:21.160 --> 00:24:23.660 Community Hall: Doesn't have use permit restrictions. 164 00:24:23.840 --> 00:24:28.979 Community Hall: So, that is another factor. It's… the quarries are in another jurisdiction. 165 00:24:29.520 --> 00:24:33.150 Community Hall: And you have one that is essentially not subject to permitting, so… 166 00:24:33.440 --> 00:24:37.749 Community Hall: Which is why I think we also were put in coordination with the county. 167 00:24:37.980 --> 00:24:40.960 Community Hall: On trying to regulate this, but it seems that the… 168 00:24:41.160 --> 00:24:57.539 Community Hall: the noise issue that we've gotten have tended to be in the early morning hours, say, between 1AM and 5 a.m, what the trucks shouldn't be operating, typically. Right, so it's true, the quarry is not in our jurisdiction, but the roads that the trucks travel on are. Correct. 169 00:24:58.330 --> 00:25:05.709 Community Hall: So, I mean, they can't claim, oh, we're grandfathered in, we can make as much noise as we want. Or can they? 170 00:25:06.910 --> 00:25:12.060 Community Hall: Well, that would be more the city controlling its streets, but in terms of… 171 00:25:12.890 --> 00:25:16.269 Community Hall: County does not have a prohibition, at least on one quarry. 172 00:25:16.580 --> 00:25:18.649 Community Hall: On its hours of operation. 173 00:25:19.320 --> 00:25:24.049 Community Hall: Okay, but we could put in regulations for our… 174 00:25:24.380 --> 00:25:27.150 Community Hall: Streets that we own, is that true? Or… 175 00:25:27.320 --> 00:25:33.559 Community Hall: It certainly is. Cupertino's not the county, so where the trucks are in Cupertino, if you had 176 00:25:34.520 --> 00:25:41.559 Community Hall: Regulations, say, on hours of operation, or the size of vehicles, something like that, if you're trying to deter them using 177 00:25:41.740 --> 00:25:46.269 Community Hall: certain routes at certain times of day or night, that would be something you could do. 178 00:25:46.840 --> 00:25:48.200 Community Hall: Okay, thank you. 179 00:25:51.120 --> 00:25:56.279 Community Hall: I want to go back to the… I think you had a slide on existing 180 00:25:56.520 --> 00:26:01.400 Community Hall: Projects, or existing remodels, existing single-family versus new development. 181 00:26:02.480 --> 00:26:10.680 Community Hall: You have a policy that's 3.4.1 that says prior to the issuance of the first permit, whether a ministerial or discretionary 182 00:26:11.130 --> 00:26:17.230 Community Hall: There's a long list of requirements. Site plan, planning plan, planning palette, irrigation plan. 183 00:26:17.460 --> 00:26:23.529 Community Hall: defensible space, more than one point. I look at this list, and I'm wondering. 184 00:26:24.260 --> 00:26:28.300 Community Hall: If I just want to replace my water heater, do I need to do all of this? 185 00:26:32.320 --> 00:26:40.779 Community Hall: you know, those types of things would be regulated through the building code. That specific example? No. That's not what we're talking about in terms of 186 00:26:41.140 --> 00:26:42.959 Community Hall: Fire hazard zones… 187 00:26:43.470 --> 00:26:51.130 Community Hall: they're particularly focused on, one, for new development, and I don't know the exact threshold, like, when would a remodel 188 00:26:51.470 --> 00:26:56.539 Community Hall: essentially become a new building, what that standard is, and that may be evolving, but… 189 00:26:57.060 --> 00:27:04.629 Community Hall: For projects in a fire hazard zone, you're looking at non-combustible materials, and then the other element is going to be how you maintain the property. 190 00:27:05.130 --> 00:27:14.820 Community Hall: Maintenance is likely going to be applied to everybody within the fire hazard zone equally. How you're maintaining your trees, how you're maintaining things that could combust. 191 00:27:15.160 --> 00:27:18.540 Community Hall: But you're not gonna have to out and, say, retrofit a house. 192 00:27:19.220 --> 00:27:26.909 Community Hall: And if you had a wood-sided house, there's no requirement to say you're gonna have to go out and, say, put stucco, or change your roof out. 193 00:27:27.240 --> 00:27:44.230 Community Hall: So how… how can we be more clear on that aspect, so that we do not leave it to the discretion of a planner that decides that a project that is maybe replacing a sewer line now needs a planting plan, and it needs a pure landscape review? 194 00:27:44.440 --> 00:27:48.649 Community Hall: And it needs a county review, and, you know, we could go on and on with that. So how do we… 195 00:27:48.980 --> 00:27:54.120 Community Hall: Apply a little bit more explicit intent into the document to guide on that front. 196 00:27:55.530 --> 00:27:57.110 Community Hall: Is that something we could do? 197 00:28:00.000 --> 00:28:07.990 Community Hall: I'm not sure how we would go about doing that. So, if I may, if I may ask, is there a precedent 198 00:28:08.160 --> 00:28:11.010 Community Hall: In these various elements of the general plan. 199 00:28:11.220 --> 00:28:20.820 Community Hall: where we may exempt or grandfather an existing structure. For example, if the property's an existing single-family home, doing a remodel under 200 00:28:21.110 --> 00:28:25.879 Community Hall: a certain threshold, and I think parts of the document talk about greater than 50% threshold, and so on. 201 00:28:26.020 --> 00:28:31.139 Community Hall: So maybe you're already covering that. Could you expand on the greater than 50% threshold for 202 00:28:31.450 --> 00:28:33.479 Community Hall: For projects, either of you? 203 00:28:35.890 --> 00:28:41.410 Community Hall: I couldn't have done that, but I think the things we're getting to now, they're largely related to building and fire codes. 204 00:28:41.630 --> 00:28:43.730 Community Hall: I mean, these are not going to be… 205 00:28:44.300 --> 00:28:49.219 Community Hall: If you had a policy, say, that grandfathered in a certain structure in a fire hazard zone. 206 00:28:49.820 --> 00:28:54.880 Community Hall: And… The state fire or building codes said the contrary. 207 00:28:55.320 --> 00:28:58.580 Community Hall: Your policy would not prevent that, then. 208 00:28:58.930 --> 00:29:04.649 Community Hall: Understood, but is it fair to say that Commission could consider a motion that 209 00:29:04.970 --> 00:29:10.269 Community Hall: proposes a new policy that says, to the extent that we would not contradict state 210 00:29:10.630 --> 00:29:14.169 Community Hall: And county fire, and other statutes. 211 00:29:14.490 --> 00:29:28.830 Community Hall: consider exempting or grandfathering existing structures under a certain threshold, or something to that effect. I'm trying to understand, is that already something the general plan covers at a broader level, and therefore does not need to be done at this particular chapter level? 212 00:29:31.000 --> 00:29:33.069 Community Hall: I think if you're trying to get at 213 00:29:33.420 --> 00:29:51.499 Community Hall: do you want to treat, say, a new development differently from an existing development that's doing maintenance or minor additions? There's probably a way to word that, but again, all of this would be subject to building and fire codes, which are likely going to keep changing in fire zones. 214 00:29:52.140 --> 00:29:56.360 Community Hall: But I think if there's… the goal is to acknowledge 215 00:29:56.500 --> 00:29:59.820 Community Hall: New development in these zones is different. 216 00:29:59.980 --> 00:30:04.210 Community Hall: Then, existing development that's not adding additional units or intensifying. 217 00:30:04.520 --> 00:30:07.740 Community Hall: That, I think, is something as a policy that you could state. 218 00:30:08.250 --> 00:30:11.149 Community Hall: Would staff have a recommendation on how we might state that? 219 00:30:11.660 --> 00:30:17.439 Community Hall: I would like to think about it a little bit, because you start getting into some fine lines there. 220 00:30:17.920 --> 00:30:20.960 Community Hall: But I think it's fairly clear when you say. 221 00:30:21.180 --> 00:30:25.249 Community Hall: Somebody's putting in a new subdivision, adding 10, 20, 50 units. 222 00:30:25.470 --> 00:30:35.369 Community Hall: is a different thing than, say, somebody may want to add 800 square feet on a 1500 square foot house. So if that's the type of thing you're getting at, I think we could look at that. 223 00:30:35.530 --> 00:30:40.539 Community Hall: I would also want to circle back with our building and fire divisions as well. 224 00:30:41.000 --> 00:30:45.290 Community Hall: To see what the existing thresholds are for things like additions now. 225 00:30:47.390 --> 00:30:48.760 Community Hall: Okay, so… 226 00:30:49.240 --> 00:30:55.450 Community Hall: I guess the other question here is for Placeworks. How many of these have you done for other cities? 227 00:30:55.910 --> 00:31:00.059 Community Hall: And is there… Any precedent to… 228 00:31:00.540 --> 00:31:06.000 Community Hall: At least for the existing development, again, I want to go back to… because I'm trying to separate the… 229 00:31:06.200 --> 00:31:12.999 Community Hall: sentiment of our existing Cupertino restaurants that have real challenges around the cost of a remodel, even a basic remodel. 230 00:31:13.110 --> 00:31:30.029 Community Hall: Right? If you just want to upgrade your bathroom or something, we shouldn't increase the cost and make this unaffordable, such that they start then doing unplanned remodels. The side effect of this should not turn into a, it's so expensive that I might as well just do an unplanned, which does not benefit the city or the neighborhood or the subdivision. 231 00:31:30.250 --> 00:31:41.470 Community Hall: So I'm trying to see, is there any way that Placeworks might comment on how you've approached this and other, other drafts that you may have done for other cities, or observed in other cities? 232 00:31:45.580 --> 00:31:56.559 Community Hall: I mean, as Luke mentioned, it is generally whenever a building permit is required, that is when the building, the fire code, and these other aspects of state law kick in. 233 00:31:57.980 --> 00:32:09.299 Community Hall: I will… I would say some cities have gone beyond the state code, and they have imposed additional requirements. Other cities are comfortable accepting the state law and the state building codes as… 234 00:32:10.080 --> 00:32:15.859 Community Hall: standards. It really does depend on the specifics of each community and how they choose to go about these things. 235 00:32:17.540 --> 00:32:31.390 Community Hall: But as a general rule, once you start talking about the building code, it really does have to defer to what the state requires. If it does not require a building code, that is up to the city's discretion, through whatever permitting mechanisms you have. 236 00:32:31.890 --> 00:32:38.329 Community Hall: Right, and I'm trying to get to the gist of, is there a precedent for this policy to guide that? 237 00:32:41.070 --> 00:32:47.049 Community Hall: Yeah, I'm… I'm not aware. I think some of the examples, too, though, like, things like… that are interior remodels. 238 00:32:47.670 --> 00:32:54.030 Community Hall: those are not going to be affected by being in a fire zone. If you're doing something purely interior, kitchen, bathrooms, things like that. 239 00:32:54.680 --> 00:32:59.549 Community Hall: The fire issues really are having to do with maintenance and non-combustible types of construction. 240 00:33:00.160 --> 00:33:10.969 Community Hall: Are there aspects that planners look at to this document, or the policy documents in general, versus code? So, how does a planner approach project reviews in terms of 241 00:33:11.100 --> 00:33:18.180 Community Hall: I'm strictly following what the code says, versus I'm looking at policy and applying my discretion to what the policy may say, but code does not. 242 00:33:21.180 --> 00:33:27.100 Community Hall: You, depending on the project, you try to focus on what is the most relevant policy out there. 243 00:33:27.200 --> 00:33:29.430 Community Hall: Codes tend to be much more specific. 244 00:33:29.850 --> 00:33:33.119 Community Hall: And the more you get into, say, building and fire codes. 245 00:33:33.290 --> 00:33:36.190 Community Hall: You're dealing with things that are almost purely ministerial. 246 00:33:36.410 --> 00:33:41.070 Community Hall: There may be flexibility in terms of how you meet those codes, but… 247 00:33:41.660 --> 00:33:47.620 Community Hall: They're often more like dealing with a checklist and meeting very specific standards, where you're dealing with health and safety. 248 00:33:48.160 --> 00:33:51.849 Community Hall: You tend not to have the flexibility, say, you might at a planning level. 249 00:33:53.170 --> 00:33:58.820 Community Hall: Yeah, I will just observe that health and safety may or may not have materially changed, just because the state 250 00:33:58.980 --> 00:34:04.449 Community Hall: sitting in Sacramento deems that these maps are changing in this manner doesn't mean conditions on the ground 251 00:34:04.700 --> 00:34:07.480 Community Hall: Have drastically changed, at least in the 252 00:34:07.760 --> 00:34:11.959 Community Hall: in the actual locations of these properties themselves. It may be that 253 00:34:12.510 --> 00:34:17.659 Community Hall: The surrounding hillsides may have changed, but that is not necessarily controlled by this draft. 254 00:34:18.090 --> 00:34:20.909 Community Hall: In… in other than saying regional coordination. 255 00:34:22.239 --> 00:34:23.409 Community Hall: Thank you, Chair. 256 00:34:24.580 --> 00:34:35.149 Community Hall: Okay, I had one follow-up question on the note around building codes. Is defensible space already covered in building code, and therefore doesn't need to be covered in general plan? 257 00:34:35.659 --> 00:34:51.499 Community Hall: defensible space is covered in the fire hazard zones. Okay, so usually if it's already within building code, we would not re- cover it within the general plan? Is that correct? Correct. And again, those things are getting much more specific. Again, this is sort of at a policy level, trying to think… 258 00:34:51.610 --> 00:34:56.130 Community Hall: How you would want to deter or minimize fire risk, whereas the codes are 259 00:34:56.710 --> 00:35:06.100 Community Hall: getting into specifics within 5 feet, within 30 feet, within 100 feet, what you can do with your property. So it's just… it's really just a level of detail. I mean, I try to think out of, like. 260 00:35:06.650 --> 00:35:10.110 Community Hall: This is setting the table for what you want your codes to say. 261 00:35:11.210 --> 00:35:14.709 Community Hall: Okay. Okay, thank you. Any other questions from the Commission? 262 00:35:15.540 --> 00:35:17.850 Community Hall: I do have more questions, yeah. 263 00:35:18.260 --> 00:35:19.210 Community Hall: So… 264 00:35:19.430 --> 00:35:29.079 Community Hall: Going back to the new development aspect of this, is a single-family teardown and rebuild considered a new development, and would this policy apply in its full… 265 00:35:29.840 --> 00:35:33.320 Community Hall: farm to a single-family R1 new development. 266 00:35:33.570 --> 00:35:41.329 Community Hall: or a lot split, for example, or an ADU versus… should… should this distinguish between, say, R3 versus 267 00:35:41.920 --> 00:35:44.190 Community Hall: A single family that's a teardown and rebuild. 268 00:35:45.250 --> 00:35:53.700 Community Hall: Well, I mean, anytime you're building something new, that would be new development. But if we're talking about fire hazard zones still. 269 00:35:53.950 --> 00:35:57.600 Community Hall: I'm not versed enough in the building and fire code to know exactly 270 00:35:58.700 --> 00:36:02.169 Community Hall: Where… what your requirements are going to be based on your project. 271 00:36:06.170 --> 00:36:13.309 Community Hall: So, what is the… is there a staff assessment of how much additional cost these policies would apply? 272 00:36:13.490 --> 00:36:18.729 Community Hall: to a single-family new development. Let's just focus on a new development, you know, we've got… 273 00:36:19.180 --> 00:36:21.580 Community Hall: Projects that wanna do a lot split. 274 00:36:22.140 --> 00:36:27.359 Community Hall: Or just a full teardown and rebuild, you know, what is the additional cost to a single family 275 00:36:27.550 --> 00:36:40.869 Community Hall: development because of this. I have no idea on that, but, you know, again, if you're in a fire hazard zone and you're constructing, you're going to be subject to the building and fire codes for that zone, so likely, it could drive up your cost. 276 00:36:42.360 --> 00:36:44.670 Community Hall: But when we say fire hazard zone, I mean… 277 00:36:45.000 --> 00:36:47.219 Community Hall: That could mean moderate as well, is that right? 278 00:36:47.340 --> 00:36:51.749 Community Hall: the… Standards for moderate are different than for high and very high. 279 00:36:53.000 --> 00:37:12.760 Community Hall: There's a verbiage in this policy that says where a property straddles two fire hazard severity zones, the higher of the two shall apply. Is that policy that Placeworks chose, or is that state- mandated policy? That's already adopted by the city. So when the fire maps came out in February of last year. 280 00:37:13.330 --> 00:37:18.309 Community Hall: There's almost 1,500 properties that are either high or very high fire hazard. 281 00:37:18.630 --> 00:37:25.749 Community Hall: Many properties in Cupertino, because we're dealing with a lot of larger sites, were in two zones. Some, I think, were actually in three. 282 00:37:26.030 --> 00:37:31.380 Community Hall: But where you had two or more zones, the city's map. 283 00:37:31.870 --> 00:37:37.200 Community Hall: Went with just the higher… the highest of those zones for that individual property. 284 00:37:37.450 --> 00:37:40.380 Community Hall: So if you had a 10-acre property, and… 285 00:37:41.030 --> 00:37:46.809 Community Hall: 30% of it was in very high, and 70% in high, you would be mapped as very high. 286 00:37:47.430 --> 00:37:53.960 Community Hall: And that was discretion the city had, and we chose to apply that? Yes, yeah. So the… we… 287 00:37:54.160 --> 00:37:58.680 Community Hall: You had the discretion to modify the fire maps only 288 00:37:59.010 --> 00:38:02.920 Community Hall: If you made them, essentially, more fire-resistant, so you could… 289 00:38:03.130 --> 00:38:07.599 Community Hall: Take a property that's in two zones and go at the higher of those zones. 290 00:38:07.920 --> 00:38:14.920 Community Hall: you couldn't go the other way and say something's very high and designate it high or moderate. So this is, like, the no down zoning 291 00:38:15.070 --> 00:38:21.310 Community Hall: Sort of state law that you cannot reduce fire hazard severity zones, but you can increase it. 292 00:38:22.090 --> 00:38:34.790 Community Hall: you cannot, yeah, you cannot lessen that. So I think when you look at the diagram, if you looked at Cupertino's map before and after, what essentially changed is not really the area so much that's in a fire hazard zone. 293 00:38:34.810 --> 00:38:49.210 Community Hall: But the amount that's in are very high. So the map became much more red than it used to be. Yeah, and that was my next question, because when the state published its map, Linda Vista Drive on the west was red, and Linda Vista Drive on the right was… 294 00:38:49.420 --> 00:38:57.630 Community Hall: what is that, yellow or orange, I believe. Orange. Right. And now it's red all the way till almost bub or something like that, or just before bub. 295 00:38:58.540 --> 00:39:04.629 Community Hall: But that's a change that has been made, adopted, and now there's no There's no changing that. 296 00:39:04.780 --> 00:39:09.340 Community Hall: Correct. That was adopted by the City Council late June or early July last year. 297 00:39:11.050 --> 00:39:11.930 Community Hall: Okay. 298 00:39:12.130 --> 00:39:15.159 Community Hall: I will pause there. No questions at this time. 299 00:39:15.560 --> 00:39:23.010 Community Hall: Great. I think we'll open it up. Madam City Clerk, do we have any public comments? Yes, we have 3 speakers in person, and… 300 00:39:23.500 --> 00:39:31.730 Community Hall: No hands raised on Zoom. Our first speaker is Jennifer Griffin, followed by David Wye, followed by Dur Chang Kao. Welcome, Jennifer. 301 00:39:46.580 --> 00:40:03.989 Community Hall: Can you hear me? Okay, there we go. Thank you. It's good to see you all. I'm glad that we're having this discussion, because if you're not aware, the Diablo fire season may be coming up in the springtime when we have low humidity, and we start getting, 302 00:40:04.660 --> 00:40:07.720 Community Hall: Warm winds coming down from the, 303 00:40:08.070 --> 00:40:16.250 Community Hall: northern… the mountain areas. I'm glad to see the city is working on this for their, 304 00:40:16.700 --> 00:40:18.260 Community Hall: They're, 305 00:40:18.400 --> 00:40:26.810 Community Hall: gosh, what is it called? The… I'm losing it here. The city code, okay, not the housing element, but the city… 306 00:40:28.500 --> 00:40:34.770 Community Hall: Oh my god, I'm losing it here. Yeah, what we're working on, which is the city code for this. 307 00:40:34.830 --> 00:40:53.649 Community Hall: I have not gotten a real warm, fuzzy feeling from the housing element that they're really dealing with reality, but I look on the city for the code that you all are working on, and I have sat through many years of the city going through, their 308 00:40:53.770 --> 00:40:58.079 Community Hall: Let's see if I can come up with the right wording here. I sound really stupid, not even… 309 00:40:58.220 --> 00:41:03.880 Community Hall: Okay, so we're talking about the, sorry. 310 00:41:04.190 --> 00:41:16.429 Community Hall: the health and safety of the general plan. Okay. To me, the general plan of Cupertino is extremely important. It is our city's look at 311 00:41:16.710 --> 00:41:19.169 Community Hall: How things work in our city. 312 00:41:19.460 --> 00:41:29.479 Community Hall: I know we're going to be dealing with the housing element later, so I won't talk on that, but I… I want to make sure that anything that happens in Cupertino is reflected 313 00:41:29.680 --> 00:41:37.629 Community Hall: in our, city code. And I was aware last summer, since I have been following 314 00:41:37.890 --> 00:41:43.610 Community Hall: The fire issues in the state that the state fire marshals had placed. 315 00:41:44.230 --> 00:41:47.480 Community Hall: parts of Monta Vista in a hot area. 316 00:41:47.630 --> 00:42:01.520 Community Hall: I just got off of Zoom from 5 to 6 today with Wake Up California, and they were talking about fire issues across the state. This is the reorganization of Catalysts for Local Control. 317 00:42:01.830 --> 00:42:07.719 Community Hall: I… I know someone on that that lives in a high-fire zone in the northern part of the state. 318 00:42:08.210 --> 00:42:13.620 Community Hall: It is exceedingly important that even if… 319 00:42:13.750 --> 00:42:22.990 Community Hall: Housing laws are saying we need increased density in parts of the city, etc, etc. 320 00:42:23.190 --> 00:42:39.129 Community Hall: We need to look at reality and rationale to make sure our public is safe, because we cannot depend on the authors of the housing bills to provide safety for the residents of Cupertino. 321 00:42:39.640 --> 00:42:53.000 Community Hall: Monta Vista, I'm familiar with. My husband grew up there. There is one way in, and one way out. CZU Fire in Santa Cruz. One way in, one way out. We need to make our residents safe. Thank you. 322 00:42:53.120 --> 00:43:00.969 Community Hall: Thank you, Jennifer. Our next speaker is David Wai, followed by Der Chang Kao, followed by Darcy. Welcome, David. 323 00:43:01.790 --> 00:43:21.139 Community Hall: Thank you. So, commissioners and planning staff, firstly, good evening, and I want to start by acknowledging the evacuation study that is being done as part of the health and safety element. I think there's a lot of important work that's being done as part of that evaluation. 324 00:43:21.400 --> 00:43:26.369 Community Hall: And, you know, what's also important to talk about is the timing. 325 00:43:26.500 --> 00:43:32.129 Community Hall: So, right on the cover of that evacuation study, it says that it was provided to the city. 326 00:43:32.530 --> 00:43:42.510 Community Hall: on October of 2025. So, the city has had this analysis for 6 months now, and it's showing evacuation demand exceeding 327 00:43:42.560 --> 00:43:50.480 Community Hall: the available capacity by over 200% on McClellan Road and Bubb Road, which is the two roads where Linda Vista 328 00:43:50.480 --> 00:44:03.099 Community Hall: exits. My neighbor has spoken about the evacuation compression in the Linda Vista spine area, and so that's a structural constraint that is very concerning for us, and now we have a formal study 329 00:44:03.240 --> 00:44:16.230 Community Hall: In addition to my neighbor's analysis that supports that. At a prior planning commission meeting, there was… actually, it was the last one, there was a comment from the applicants 330 00:44:16.500 --> 00:44:18.070 Community Hall: attorney… own attorney. 331 00:44:18.250 --> 00:44:21.670 Community Hall: That really stuck with me. And what she said was. 332 00:44:21.900 --> 00:44:25.399 Community Hall: If it is more likely than not that this 333 00:44:25.510 --> 00:44:41.210 Community Hall: development poses a health and safety concern, then that is the only situate… scenario in which you may deny this project. And, you know, I believe that threshold has been met, for that reason, as well as many others that, 334 00:44:41.290 --> 00:44:46.999 Community Hall: I won't have time to get into this evening. The factual record includes something that 335 00:44:47.270 --> 00:45:01.290 Community Hall: That, identifies a severe capacity constraint in the… in the corridors of Linda Vista Drive, and so our expectations as… as residents is pretty straightforward, that these findings should guide 336 00:45:02.200 --> 00:45:07.059 Community Hall: Decisions that are still being made, not only after, 337 00:45:07.230 --> 00:45:10.079 Community Hall: you know, they're already locked in. And so… 338 00:45:10.700 --> 00:45:16.170 Community Hall: You know, when there's new information that clarifies new risk, good governance. 339 00:45:16.720 --> 00:45:19.289 Community Hall: Means that we're willing to add just course. 340 00:45:19.850 --> 00:45:27.560 Community Hall: It's important that we don't generically institutionalize this idea that SB330. 341 00:45:28.010 --> 00:45:41.219 Community Hall: locks in, you know, all health and safety records at the moment that an application's filed. I'd welcome a discussion with planning staff as well as city attorney, to go through 342 00:45:41.320 --> 00:45:48.989 Community Hall: you know, our point of view on that, and I would just leave you with the comment that it's always acceptable 343 00:45:49.160 --> 00:45:54.340 Community Hall: to do the right thing, even if you're already down a path. And, thank you for your time this evening. 344 00:45:56.140 --> 00:46:04.649 Community Hall: Thank you, David. Our next speaker is Der Chang Kao, followed by Darcy, followed by Peggy Griffin. Welcome, Der Chang. Can you bring up the, my slides? 345 00:46:05.630 --> 00:46:08.079 Community Hall: We didn't receive any slides. 346 00:46:09.240 --> 00:46:12.249 Community Hall: I did the send-in, at 2… 347 00:46:12.720 --> 00:46:15.520 Community Hall: 51, actually. I remember the time. 348 00:46:16.160 --> 00:46:23.479 Community Hall: Okay, do you know who you sent it to? I sent it to… CT Planning… 349 00:46:23.670 --> 00:46:26.590 Community Hall: The… exactly on the agenda, there's a… 350 00:46:27.520 --> 00:46:29.810 Community Hall: I clicked that, email address. 351 00:46:34.170 --> 00:46:36.000 Community Hall: Yeah, I didn't receive it. 352 00:46:39.010 --> 00:46:48.780 Community Hall: Would you be able to resend it if somebody has access? Sure. Could we pause the clock? Yeah, maybe go with the other speakers. 353 00:46:50.570 --> 00:46:54.500 Community Hall: Yes, if there's a way to go with the other online speakers, that'd be great, yes. 354 00:46:54.670 --> 00:46:59.109 Community Hall: Our next speaker is Darcy, followed by Peggy Griffin. Welcome, Darcy. 355 00:47:05.450 --> 00:47:09.079 Darcy: I wanted to speak tonight about doing things properly. 356 00:47:09.310 --> 00:47:12.719 Darcy: The common denominators are being willing to do the work. 357 00:47:12.820 --> 00:47:15.020 Darcy: And holding on to good principles. 358 00:47:15.330 --> 00:47:21.239 Darcy: What has been inflicted upon us for the purposes of misguided political and monetary gain. 359 00:47:21.420 --> 00:47:25.549 Darcy: Is a severe deviation from those practices on a statewide level. 360 00:47:26.000 --> 00:47:28.699 Darcy: But we don't have to try to do things this way. 361 00:47:28.920 --> 00:47:33.570 Darcy: We can have safe, effective, environmentally sound development 362 00:47:33.790 --> 00:47:40.479 Darcy: Without taking shortcuts, or doing things that are inherently unsafe, while being bullied. 363 00:47:40.670 --> 00:47:42.270 Darcy: Yes, bullied. 364 00:47:42.590 --> 00:47:49.729 Darcy: We need to commit to rational discussions. If we don't do that, what will happen is what we have seen. 365 00:47:50.040 --> 00:47:54.190 Darcy: You will have some people benefiting financially and politically. 366 00:47:54.310 --> 00:48:01.399 Darcy: But they will be disconnected from doing actual work, or fixing the problems that some of them claim to champion. 367 00:48:01.520 --> 00:48:11.920 Darcy: But they are only champions, benefiting from the virtue signaling, from their real-world results. They will be disconnected from that. Do the math. 368 00:48:12.410 --> 00:48:16.120 Darcy: Please keep working for public safety and the environment. 369 00:48:16.540 --> 00:48:22.249 Darcy: Thinking people are listening, and once the smoke clears and the dust settles. 370 00:48:22.360 --> 00:48:24.419 Darcy: The real work you are doing. 371 00:48:24.580 --> 00:48:30.330 Darcy: Will be what will provide a blueprint to build lasting and safe developments for the future. 372 00:48:31.170 --> 00:48:34.459 Darcy: Ministerial work is very important. 373 00:48:34.790 --> 00:48:41.360 Darcy: However, The principles and values of democracy Require mutual respect. 374 00:48:41.570 --> 00:48:47.060 Darcy: Not just one-directional power plays, which lead to one-sized. 375 00:48:47.550 --> 00:48:52.699 Darcy: Paid-for results that fail to adequately consider important factors. 376 00:48:53.100 --> 00:48:56.440 Darcy: Thanks for letting me share what I've learned over the years. 377 00:48:58.060 --> 00:49:01.620 Community Hall: Thank you, Darcy. Our next speaker is Peggy Griffin. Welcome, Peggy. 378 00:49:07.240 --> 00:49:12.240 Peggy Griffin: Good evening, Planning Commissioners and staff. 379 00:49:13.050 --> 00:49:19.370 Peggy Griffin: I particularly am interested in noise. I live two houses down from 380 00:49:19.510 --> 00:49:25.079 Peggy Griffin: the wall at Interstate 280, and the noise has gotten 381 00:49:25.300 --> 00:49:29.209 Peggy Griffin: Earlier and earlier, and louder and louder. 382 00:49:29.440 --> 00:49:31.159 Peggy Griffin: You can't walk 383 00:49:31.420 --> 00:49:43.159 Peggy Griffin: near the wall without… especially… there's one spot near Blaney, near the storage place, where the noise is just so loud you can't even have a conversation. 384 00:49:45.260 --> 00:49:53.190 Peggy Griffin: I've been looking for a noise contour map that I saw in our previous general plan, and I don't see one here. 385 00:49:53.550 --> 00:49:56.300 Peggy Griffin: I… I don't understand why we don't have that. 386 00:49:56.520 --> 00:50:09.100 Peggy Griffin: Also, I've been looking at the strategies for the noise mitigation, and they're… they're vague. I don't understand why we don't have objective standards for this. 387 00:50:09.510 --> 00:50:13.130 Peggy Griffin: Clear, objective standards to minimize noise. 388 00:50:14.470 --> 00:50:25.340 Peggy Griffin: Also, on I-280 on 85, there has been sections of pavement that have been changed that significantly reduce the noise. 389 00:50:25.580 --> 00:50:38.080 Peggy Griffin: on the interstates, on Highway 85, and I'm asking the staff if there is some way those sections of freeway go through Cupertino and impact 390 00:50:38.460 --> 00:50:44.050 Peggy Griffin: many different residential areas. If there is a way to 391 00:50:45.080 --> 00:50:50.499 Peggy Griffin: Specify that they use a specific noise-dampening pavement. 392 00:50:51.210 --> 00:50:58.919 Peggy Griffin: And also, I would like to draw your attention to written communications submitted by Kitty Moore. 393 00:50:59.100 --> 00:51:05.350 Peggy Griffin: With some specific objective standards to, in, 394 00:51:05.540 --> 00:51:17.129 Peggy Griffin: To place on, wildfire and evacuation, environmental health and hazardous materials, noise and public health. 395 00:51:17.960 --> 00:51:26.110 Peggy Griffin: seismic resilience. Please look at those and incorporate them. Thank you. 396 00:51:28.140 --> 00:51:35.179 Community Hall: Thank you, Peggy. Our next speaker is Der Cheng Chao. We did… we do have your slideshow. One moment while I bring it up. 397 00:51:40.380 --> 00:51:41.620 Community Hall: Oh, one moment. 398 00:51:47.480 --> 00:51:52.530 Community Hall: So, I did prepare quite a bit of the document in writing, so later on I will send this to the 399 00:51:52.640 --> 00:51:58.079 Community Hall: the commission, so… Okay, so this is quite detailed. I already finished the fifth page, it would be more. 400 00:51:58.390 --> 00:52:02.459 Community Hall: So can you bring up my presentation? One moment. Okay. 401 00:52:04.580 --> 00:52:05.280 Community Hall: Yep. 402 00:52:45.820 --> 00:52:47.609 Community Hall: Can you guys see the slides? 403 00:54:13.080 --> 00:54:16.879 Community Hall: Is it possible for the City Clerk to share the slides on Zoom? 404 00:54:17.210 --> 00:54:22.200 Community Hall: We're having some issues with the slideshow, we're trying to figure out. 405 00:54:25.780 --> 00:54:28.349 Community Hall: And, I used to use my phone. 406 00:54:31.420 --> 00:54:34.940 Community Hall: Display settings? Oh, that's okay. 407 00:54:35.750 --> 00:54:36.950 Community Hall: Oh, there we go. 408 00:54:37.510 --> 00:54:38.600 Community Hall: Is it showing? 409 00:54:39.220 --> 00:54:39.980 Community Hall: Yeah. 410 00:54:40.370 --> 00:54:41.570 Community Hall: I don't know which one. 411 00:54:50.640 --> 00:54:52.110 Community Hall: Sorry, one moment. 412 00:55:56.700 --> 00:56:00.730 Community Hall: We're having some issues with Zoom, Chair. Is it okay if we take a break? 413 00:56:01.500 --> 00:56:04.080 Community Hall: Yeah, that's fine. You can take 5 minutes. 414 00:56:04.410 --> 00:56:05.080 Community Hall: Okay. 415 00:56:05.520 --> 00:56:06.200 Community Hall: Sure. 416 00:56:08.130 --> 00:56:09.010 Community Hall: Right. 417 00:56:10.780 --> 00:56:11.560 Community Hall: It's not… 418 01:00:44.780 --> 01:00:46.879 Community Hall: Sorry, guys, still working on it. 419 01:00:49.760 --> 01:00:51.069 Community Hall: There we go. 420 01:00:51.470 --> 01:01:05.380 Community Hall: Okay, so, again, this is a really great report. I just, hopefully, I can give a very, very specific feedback to improve this, the, the guidance, okay? There's four areas that I will talk about. Can you put the next page? 421 01:01:05.460 --> 01:01:19.310 Community Hall: The first one is, you know, the data, the input. The CT evacuation analysis is built on the pre-zoning data, and cannot support long-range planning all the way to 2040, as what is expected. The analysis is outdated. 422 01:01:19.540 --> 01:01:27.800 Community Hall: at the moment, it is published. So that's the first one that we need to use in the most current data. Okay, can you go to the next page? 423 01:01:28.050 --> 01:01:36.950 Community Hall: Second one is, the VC ratio, the so-called, the volume versus capacity ratio, is the, is too simple. 424 01:01:36.980 --> 01:01:48.080 Community Hall: We need to go beyond a total evacuation to safety framework needed, okay? The ratio itself will hide a lot, lots of true danger. Cupertino need a total evacuation to safety model? 425 01:01:48.890 --> 01:01:50.969 Community Hall: And, the residents need to know. 426 01:01:51.130 --> 01:02:07.230 Community Hall: Time to safety, not the job. Where's the bottleneck? I think everybody knows where's the bottleneck. You drive every morning, you know the bottleneck. You're coming back from home after work, you know where's the bottleneck. So… so people know where's the bottleneck. We need to provide something better. Time to safety. Next page, please. 427 01:02:08.260 --> 01:02:12.939 Community Hall: So, computer must move beyond the board planning level assessment. 428 01:02:13.100 --> 01:02:24.000 Community Hall: has to use the dynamic high-resolution evaluation model. As a matter of fact, there's a national guidance to work on this one. This is not a research topic. Maybe 5-10 years ago was. 429 01:02:24.220 --> 01:02:37.849 Community Hall: Now, it's active. You go down to Stanford University, the Civil and Environmental Engineering Department, or Management Science and Engineering MSE, this is the hot course. Anybody want to pick this course, okay? 430 01:02:37.850 --> 01:02:48.130 Community Hall: It's at the student level, they take this access, and they take exam. So Cupertino, and then Marin County already pioneered many, many of this kind of the, the guidance in their menu. 431 01:02:48.240 --> 01:02:55.169 Community Hall: Cupertino should not… should be a leader, not a lagger, in the evacuation planning. Next page, please. 432 01:02:55.550 --> 01:03:04.859 Community Hall: And this is all the, the typing in the middle. I hope that you guys had the chance to read it. I provide a little bit of level of detail where that you can find those references. 433 01:03:05.460 --> 01:03:10.669 Community Hall: And, the fourth one is the, about the, the high-risk zone, okay? 434 01:03:10.840 --> 01:03:23.259 Community Hall: We have a full, the evacuation zone lying in the fire hazard severity zone at the various levels. Yeah, the city has not, this document, not the model, their street level evacuation behavior. 435 01:03:23.320 --> 01:03:35.830 Community Hall: Okay? Coup's 016, 17, 29, 32 lie inside the zone. And the coupes, the 29 alone has 38% of all evacuation trips, the highest one. 436 01:03:35.880 --> 01:03:45.259 Community Hall: Okay? So, seldom of the residents remain exposed until Cupertino model evacuation, where the risk actually exists. 437 01:03:45.660 --> 01:03:49.640 Community Hall: This is very, very critical. I mean, this… this is a really useful document. 438 01:03:50.280 --> 01:03:51.649 Community Hall: Next page, please. 439 01:03:51.860 --> 01:03:52.900 Community Hall: So… 440 01:03:53.630 --> 01:04:04.830 Community Hall: So, David really did a great job to help me to animate the model I provided. Like I said, this is a really hot topic, so spend some time, study the model, and provide the model. 441 01:04:04.860 --> 01:04:14.080 Community Hall: I took the, the average chord as an example. The left graph is the, the, the before is resoned to 51 unit, R3. 442 01:04:14.080 --> 01:04:25.689 Community Hall: Left, the right graph is the one reflect the current situation, okay? I tried to emulate when is the, that kind of red flag alert started. This is at the time zero. 443 01:04:25.720 --> 01:04:27.960 Community Hall: Okay, can you go to the next slides? 444 01:04:28.040 --> 01:04:39.060 Community Hall: This is really a sequence of the, animation. If you want to, I can send it to you. It's a really great job that David did. So this is the 5 minutes after the red flag warning on the, on the left, left plot. 445 01:04:39.060 --> 01:04:49.610 Community Hall: And you can see the cars start emerging onto the Linda Vista, okay? And the right graph is 15 minutes. You can see on the, the current, the 51 unit, it's already heavily 446 01:04:49.610 --> 01:04:52.920 Community Hall: populated. Can you go to the next slide? 447 01:04:53.180 --> 01:05:05.739 Community Hall: Thank you, Dhang, that is your time. Can I just get one more minute, go to the very last slides? I would be open to giving him one more minute. One more minute. Or 30 seconds? 30 seconds is fine. Just the last slides. Go all the way down. 448 01:05:06.570 --> 01:05:09.269 Community Hall: So this slide… should be slides 9. 449 01:05:13.350 --> 01:05:14.310 Community Hall: Okay, go ahead. 450 01:05:15.480 --> 01:05:18.430 Community Hall: Okay, move to slice night. Just one more? 451 01:05:19.130 --> 01:05:36.720 Community Hall: One more? 10, okay. So, the current evacuation analysis is not sufficient for a Wi-Fi-exposed, rapidly densifying Cupertino. We'll need to grow more houses. The city must adopt a modern data-driven method to meet 2040 safety needs. 452 01:05:36.840 --> 01:05:50.860 Community Hall: Okay? And there are many, many… the, the, the area that I just simplified in this sixth bullet, okay? So, protect residents and meet the intent of the health and safety element. That is your time? Yeah, the planning level. 453 01:05:51.190 --> 01:05:56.969 Community Hall: Committee to advance the three report. That is your time. Thank you. 454 01:05:57.940 --> 01:06:04.489 Community Hall: Thank you very much. We'll bring it back to the Commission now for any further questions, or we can move on to comments. 455 01:06:06.710 --> 01:06:09.499 Community Hall: Yeah, I do have questions. Commissioner Rao? 456 01:06:12.730 --> 01:06:22.840 Community Hall: Yeah, so… Maybe staff can clarify, what is the… So you have an evacuation… analysis here. 457 01:06:24.150 --> 01:06:28.709 Community Hall: How does that connect to the… draft element update. 458 01:06:29.210 --> 01:06:34.130 Community Hall: And what are we supposed to do with this? I understand the public has input on the 459 01:06:34.630 --> 01:06:38.159 Community Hall: On the, on the supplied, 460 01:06:39.340 --> 01:06:44.120 Community Hall: The supply drought analysis, but how exactly does that connect into the element 461 01:06:44.340 --> 01:06:50.150 Community Hall: And how does the element connect into other aspects, like the code and projects in flight? Maybe staff can help. 462 01:06:53.270 --> 01:07:01.699 Community Hall: So the evacuation analyses, you know, as you heard, identified certain bottlenecks and identified potential areas of constraint. 463 01:07:01.990 --> 01:07:10.199 Community Hall: And what the health and safety element now does is put forward some policies, again, at a general, broad level, because this is a general plan. 464 01:07:10.320 --> 01:07:25.169 Community Hall: But trying to reduce those bottlenecks, or decrease those constraints. So that is generally the relationship between the two. We conduct the analyses, we see where there are potentially challenges for the community, and then try to introduce some policies to help mitigate those challenges. 465 01:07:27.300 --> 01:07:31.920 Community Hall: And does the current analysis translate into policies in the element? 466 01:07:32.780 --> 01:07:38.660 Community Hall: At a broad level, yes. The… because this is a general plan, it does not specifically say to… 467 01:07:38.770 --> 01:07:53.420 Community Hall: for example, address capacity issues on a particular road or at a particular intersection. But the policies that are in the health and safety element, in the draft element, are intended more generally to address these types of challenges that are identified by the analysis. 468 01:07:53.600 --> 01:08:04.140 Community Hall: I understand it does not have to be specific to McClellan Road or Bubb Road, but are there techniques or methods to mitigate that are codified into the 469 01:08:04.560 --> 01:08:06.050 Community Hall: Into the policies. 470 01:08:07.210 --> 01:08:22.279 Community Hall: because of the nature of the policies, it does not specify a particular constraint or a particular method. There are certainly many options that are available to the city within the framework established by the policies to address these issues, but it is not saying 471 01:08:22.560 --> 01:08:32.019 Community Hall: to use a particular method, or to construct a particular project, for example. Again, not trying to narrow it down to a particular method, but if you have a… 472 01:08:32.180 --> 01:08:36.119 Community Hall: a set of methods. Is there any reason why we wouldn't have policies that 473 01:08:36.529 --> 01:08:41.029 Community Hall: Encourage the implementation or consideration of those methods. 474 01:08:44.890 --> 01:08:48.990 Community Hall: For example, I think you have some things around the battery backup systems. 475 01:08:49.500 --> 01:08:58.349 Community Hall: And then you have another set of things around contraflow, I believe. Yes. Is there any reason we wouldn't have policies that encouraged the… 476 01:08:58.500 --> 01:09:06.989 Community Hall: City to operationalize and test for readiness the ability to implement contraflow on evacuation routes. 477 01:09:08.420 --> 01:09:17.740 Community Hall: I'd say if the Commission wanted to make a recommendation that the City conduct those sorts of studies, that is certainly something that would be appropriate for the health and safety element. 478 01:09:18.550 --> 01:09:29.949 Community Hall: Okay, so what… what would you say are the techniques? Again, summarizing the vacation analysis, what would you say are techniques that could be extrapolated into policy-level statements? 479 01:09:33.890 --> 01:09:37.610 Community Hall: I would say I am, you know, I… I'm not an engineer, so I would not… 480 01:09:37.840 --> 01:09:50.649 Community Hall: propose, at this time, specific recommendations that could be interpolated into policies. I think that is something that staff could perhaps explore and come back on. And this analysis was performed by Placeworks? 481 01:09:51.240 --> 01:09:58.240 Community Hall: This analysis was performed by Fair and Piers, a transportation consulting firm. And they are not present on the call? No, they are not. 482 01:09:58.550 --> 01:10:00.729 Community Hall: Is there any reason they're not present on the call? 483 01:10:01.710 --> 01:10:13.429 Community Hall: there was really no reason for them to be here, and I also know the budget they had was, gone at this point in time. Okay. Because I, you know, I struggle to understand this report. I mean, they talk about 484 01:10:13.940 --> 01:10:20.059 Community Hall: taking public transit during an evacuation. I mean, how are you supposed to… are you supposed to wait for the VTA bus to… 485 01:10:20.220 --> 01:10:26.290 Community Hall: Get through the clogged-up streets that we were just shown, and hope that we can take public transit to vacate. 486 01:10:26.980 --> 01:10:37.860 Community Hall: What is the rationale to recommend public transit to evacuate out of situation that may warrant evacuations. 487 01:10:39.510 --> 01:10:44.900 Community Hall: I don't know specifically on that. I'm sure there's… there are other things you could find in there. 488 01:10:45.230 --> 01:10:46.400 Community Hall: I'mma get this… 489 01:10:46.880 --> 01:10:56.249 Community Hall: study was done. It's not an evacuation plan. It was done because there was an assembly bill that said you need to do it as part of your health and safety element update. 490 01:10:56.250 --> 01:11:08.540 Community Hall: So it's really looking at existing conditions and how they apply. Has Placeworks got expertise in this space that you could recommend policy independent of what this report says, or what this consultant says? 491 01:11:11.140 --> 01:11:18.579 Community Hall: I think Placeworks can consult with the engineers who are experts on this and recommend policies, but that's not something that I would want to… 492 01:11:19.050 --> 01:11:27.260 Community Hall: That's something that I would want to make sure we had the appropriate consultation and discussion before I proposed anything. Yeah, I struggle with this report in… 493 01:11:27.420 --> 01:11:31.799 Community Hall: You know, it loses credibility when it starts talking about public transit to evacuate. 494 01:11:32.000 --> 01:11:34.519 Community Hall: Really loses credibility in my eyes, so… 495 01:11:34.670 --> 01:11:43.279 Community Hall: I'd like to have, maybe, the possibility of a three-way hearing where PlaceWorks is present alongside with this consultant, where we can have 496 01:11:43.380 --> 01:11:48.400 Community Hall: A realistic discussion on what it means to improve evacuation, such as contraflow, for example. 497 01:11:50.180 --> 01:11:54.459 Community Hall: And so my… my ask for staff is, is that possible? Can we have a… 498 01:11:55.050 --> 01:12:08.960 Community Hall: a follow-on hearing, where we hear from this consultant alongside with Facebook, so we can actually understand what policy could be meaningfully added, because I hear a lot of public input on this, but I don't know how that really translates into anything meaningful. 499 01:12:09.980 --> 01:12:10.650 Community Hall: I mean… 500 01:12:11.520 --> 01:12:33.849 Community Hall: I think what we need to focus on, too, is the health and safety element, not a study that was required to look at, essentially, the road network as it exists today. And obviously, this is a very new field, I think, which the study discloses, right, right off the bat. This is a very new area, it's probably going to evolve quite a bit in 10 years. You'll look back, it'll be much more refined. 501 01:12:34.220 --> 01:12:40.120 Community Hall: But right now, we don't have the ability to get Farron Pearce here. 502 01:12:40.760 --> 01:12:46.650 Community Hall: And then to hold hearings on their evacuation study, and then to go and look at how that may 503 01:12:46.880 --> 01:12:49.409 Community Hall: Feed into the health and safety element update. 504 01:12:51.800 --> 01:12:58.350 Community Hall: Okay. I think that's fair. If I just focus on the supply side and the demand side strategies. 505 01:12:58.970 --> 01:13:00.570 Community Hall: Can Placeworks? 506 01:13:01.510 --> 01:13:10.239 Community Hall: Give us a follow-on version that tries to codify policies, Looking at potential supply-side strategies. 507 01:13:10.470 --> 01:13:13.499 Community Hall: I'm not sure the demand-side strategies are credible at all. 508 01:13:14.170 --> 01:13:22.530 Community Hall: This makes no sense to look for transit and wait for transit to evacuate, or sign a pledge that says one car per household. I mean, these things don't work. 509 01:13:22.930 --> 01:13:29.170 Community Hall: So, on the supply side, are there policies that we could get from a follow-on draft? Is there a follow-on draft that's coming to us? 510 01:13:31.440 --> 01:13:39.249 Community Hall: Again, no, there was not. I mean, the goal was to take your input and to move to the City Council. Is this scheduled for Council already? 511 01:13:39.480 --> 01:13:41.260 Community Hall: I believe the end of April. 512 01:13:41.780 --> 01:13:44.989 Community Hall: Okay, so theoretically, we could do another session between now and then. 513 01:13:46.400 --> 01:13:47.780 Community Hall: Theoretically, you could. 514 01:13:49.550 --> 01:13:53.109 Community Hall: I can… We're gonna have full agendas, I'm just saying. 515 01:13:53.390 --> 01:14:08.569 Community Hall: I did actually look into exactly what Commissioner Rao is asking about, which is, you know, the supply-side recommendations and whether they were incorporated into the health and safety element. And from what I found. 516 01:14:08.570 --> 01:14:25.540 Community Hall: there were… actually, most of them were incorporated, so… so thank you for working those in. It was a few that didn't make it in that I thought were actually quite valid. So, wildfire early detection systems, I thought that seemed like a good technology, pending cost, whether maybe it's… 517 01:14:25.560 --> 01:14:39.900 Community Hall: Some of these might actually be just studying whether they would make sense for the city. So, studying wildfire early detection systems, studying of phased evacuation processes, which was also mentioned by one of the residents. 518 01:14:39.900 --> 01:14:53.789 Community Hall: And then studying of contraflow or dual-purpose shoulder lanes, which seems, especially if we are very vastly over capacity and overburdened in all of our streets, this seems like a very 519 01:14:53.790 --> 01:15:00.100 Community Hall: easy way to temporarily increase the capacity, so I would love to see that worked into the… 520 01:15:00.140 --> 01:15:02.630 Community Hall: maybe, like, HS2… 521 01:15:02.750 --> 01:15:13.180 Community Hall: section. Right now, HS2.11 reads, ensure that evacuation routes into and out of the city have adequate capacity, safety, and viability in the event of an emergency, which 522 01:15:13.190 --> 01:15:24.469 Community Hall: Feels very broad and doesn't really convey any way of achieving that, so perhaps, you know, the dual-purpose shoulder and contraflow could be worked into that section. 523 01:15:25.020 --> 01:15:30.089 Community Hall: Do you have any thoughts on whether these are things that could be done? 524 01:15:31.230 --> 01:15:39.880 Community Hall: I'd like to say, I think one thing that would be helpful is if this is something the Commission feels that more of these strategies should be incorporated. 525 01:15:40.660 --> 01:15:45.459 Community Hall: at a general level. That's something I think we could try to come up with additional policies. 526 01:15:45.600 --> 01:15:49.990 Community Hall: One of the issues I know when the study was getting worked on is that we're looking at things like 527 01:15:50.230 --> 01:15:55.889 Community Hall: Road capacity, we have nothing budgeted to say to actually go do roadway improvements, which would probably be… 528 01:15:56.240 --> 01:15:58.819 Community Hall: the easiest way to solve this, so… 529 01:15:58.930 --> 01:16:09.579 Community Hall: A lot of it, we were talking about things like educating the public, putting in systems to get people aware of evacuation. So, I agree, things where you're talking about public transit sounds odd. 530 01:16:09.680 --> 01:16:12.399 Community Hall: But the goal was really to, how do you minimize vehicles? 531 01:16:12.900 --> 01:16:17.279 Community Hall: If a family has 3 cars, and you're evacuating, if you only take 1, 532 01:16:17.580 --> 01:16:25.749 Community Hall: you're keeping fewer cars off the roadway during an evacuation. But I understand how that could sound in an area where there isn't a lot of public transit. 533 01:16:26.050 --> 01:16:36.859 Community Hall: But I think it's fair to say if this is something that you think this study, its findings, could be incorporated better into policies, that's something I think we can look at doing, and certainly 534 01:16:37.130 --> 01:16:41.049 Community Hall: conveyed to the City Council, it was a concern of the Planning Commission. 535 01:16:41.490 --> 01:16:46.400 Community Hall: Okay, thank you. So, would the correct way to assess that be just a straw poll, since this is a… 536 01:16:46.610 --> 01:16:48.730 Community Hall: Study session. 537 01:16:49.380 --> 01:16:53.909 Community Hall: Through the chair, I believe we can use motions. City Atteney has confirmed that to me. 538 01:16:54.640 --> 01:16:59.700 Community Hall: Okay, alright, yes, we were… we're not done with questions, so please feel free to question 539 01:17:00.400 --> 01:17:02.989 Community Hall: We're moving on to comments? Go ahead. Vice Chair. 540 01:17:03.910 --> 01:17:07.830 Community Hall: Okay, this is on page 83. 541 01:17:07.930 --> 01:17:13.440 Community Hall: HS-2.14, secondary ingress and egress for Existing Development. 542 01:17:13.940 --> 01:17:18.559 Community Hall: So when it says, encourage secondary means, Of ingress and egress. 543 01:17:20.790 --> 01:17:26.019 Community Hall: it seems… Like, are we either gonna mandate it, or… 544 01:17:26.160 --> 01:17:29.870 Community Hall: Are we going to say, yeah, if you feel like it, do it? 545 01:17:30.700 --> 01:17:33.799 Community Hall: I think if you'd like it mandated, that should be a comment. 546 01:17:34.890 --> 01:17:42.530 Community Hall: I mean, for existing development, it's, you know, it is kind of difficult, but for new development, it should definitely be mandated. 547 01:17:43.240 --> 01:17:48.210 Community Hall: You know, I guess it's too late now for the… The Evilich… 548 01:17:48.360 --> 01:17:51.710 Community Hall: Property, but, you know, we need to get this… 549 01:17:51.840 --> 01:17:56.279 Community Hall: Into our general plan as a mandate, you know, as soon as we can, so we don't… 550 01:17:56.380 --> 01:17:58.549 Community Hall: End up with this kind of thing again. 551 01:18:00.900 --> 01:18:08.510 Community Hall: through the chair, if I may follow up on that point, I think there's the law of unintended side effects, which is… 552 01:18:08.700 --> 01:18:11.119 Community Hall: If you have a cul-de-sac on a hillside. 553 01:18:12.220 --> 01:18:18.920 Community Hall: And I didn't see the policies differentiate again between R1 versus R3, and I keep going back to that. 554 01:18:19.100 --> 01:18:28.589 Community Hall: So if you have somebody that's living on a cul-de-sac west of Linda Vista Drive that does a teardown rebuild, and that cul-de- sac does not have dual ingress-egress. 555 01:18:28.930 --> 01:18:39.650 Community Hall: Are we now requiring the homeowner to bear the cost of creating those roadway improvements? I know we've had some of those cases on Ragnarok Creek when we did the RHS searing for Ragnarok Creek, but 556 01:18:39.890 --> 01:18:43.769 Community Hall: Those are very expensive improvements on the homeowner, and… 557 01:18:44.090 --> 01:18:50.310 Community Hall: again, this is not, you know, Regnaut Creek or Lindy Lane or something like that. Everything west of 558 01:18:51.050 --> 01:18:53.909 Community Hall: Orange Auburn is in this red map. 559 01:18:54.230 --> 01:18:58.020 Community Hall: And so what we're saying is, if you're in a cul-de-sac west of Orange or Bern. 560 01:18:58.720 --> 01:19:07.689 Community Hall: These are enormous costs if you're going to do a teardown limit, so we just need to distinguish clearly, as much as we can between what is commercial development. 561 01:19:08.470 --> 01:19:13.809 Community Hall: And what is homeowners that can't afford to live here and can't afford to remodel, so… 562 01:19:15.140 --> 01:19:23.420 Community Hall: Does that… does that resonate with… with the… Let's stop, I mean… 563 01:19:23.730 --> 01:19:27.169 Community Hall: What… how should we look at this for single-family new construction? 564 01:19:29.390 --> 01:19:36.760 Community Hall: I mean, I think you have made the point about trying to differentiate new development from existing development, and again, I think 565 01:19:37.210 --> 01:19:41.720 Community Hall: That type of language on a general basis could be put in this document. 566 01:19:42.400 --> 01:19:45.260 Community Hall: You know, but again, I would just go back to… 567 01:19:46.470 --> 01:19:49.849 Community Hall: If fire codes and building codes evolve. 568 01:19:49.990 --> 01:19:55.049 Community Hall: It's going to be a health and safety issue that the code would address. 569 01:19:55.190 --> 01:19:59.949 Community Hall: Commissioner Scharf's question about should we make the language definite or firm? 570 01:20:00.640 --> 01:20:11.610 Community Hall: that's really a call, no matter how strongly you feel about the particular policy or the particular issue. There can be that unintended consequence, then, that once you have a shall. 571 01:20:12.190 --> 01:20:16.789 Community Hall: you now have made it firmer, and there could possibly be an exception in the future to that. 572 01:20:17.150 --> 01:20:19.090 Community Hall: Flexibility cuts both ways. 573 01:20:19.650 --> 01:20:24.059 Community Hall: But keep in mind, also, this is a policy document, it's not an ordinance. 574 01:20:24.500 --> 01:20:29.300 Community Hall: And specificity can be handled through ordinances as well. 575 01:20:30.720 --> 01:20:38.529 Community Hall: And so, to that point, Language that mandates something in a policy document is not enforceable, is that right? 576 01:20:39.580 --> 01:20:41.070 Community Hall: Is not enforceable? 577 01:20:41.920 --> 01:20:44.870 Community Hall: Well, generally, you have to make general plan findings, say. 578 01:20:45.060 --> 01:20:48.680 Community Hall: for projects, for consistency. So if you had something where that 579 01:20:49.190 --> 01:20:54.460 Community Hall: Policy was relevant to the project, and it was inconsistent with it, that would be an issue. 580 01:20:55.380 --> 01:21:00.060 Community Hall: So, language in a policy document that says shall instead of should. 581 01:21:00.440 --> 01:21:02.850 Community Hall: Would mean you could not violate that finding. 582 01:21:04.390 --> 01:21:07.870 Community Hall: If you were to have something that was very specific, that is… 583 01:21:08.030 --> 01:21:15.219 Community Hall: Quantifying a number of access points and saying, you have to have this, and a project did not have it? Yes, you would have an issue there. 584 01:21:16.370 --> 01:21:24.410 Community Hall: Yeah, and so I'd encourage our fellow commissioners to think about the side effects. As someone that lives in this red zone. 585 01:21:24.570 --> 01:21:28.070 Community Hall: And lives in the midst of many cul-de-sacs. 586 01:21:28.780 --> 01:21:34.779 Community Hall: The only way you get dual ingress egress is if you start building new roads in the hills where there are no new roads today. 587 01:21:35.220 --> 01:21:37.130 Community Hall: So I don't know how you can exit. 588 01:21:37.390 --> 01:21:41.850 Community Hall: A number of cul-de-sacs that we have in areas that are in the red zone today. 589 01:21:42.610 --> 01:21:48.169 Community Hall: In more… in areas east of Foothill, you might in some places, but… 590 01:21:48.330 --> 01:21:56.830 Community Hall: As you start to get into terrain that's west of Blackberry Farm, I don't see how you can even achieve this without trying to pave into the hillside. 591 01:22:01.830 --> 01:22:04.049 Community Hall: Do we have any other questions? 592 01:22:04.460 --> 01:22:07.060 Community Hall: Okay, comments? 593 01:22:07.680 --> 01:22:08.710 Community Hall: on the commission. 594 01:22:09.060 --> 01:22:09.970 Community Hall: Bye, sure. 595 01:22:12.300 --> 01:22:20.270 Community Hall: Yeah, I mean, it's a good point that, Commissioner Rao makes, but I'm also thinking… about… 596 01:22:20.610 --> 01:22:26.460 Community Hall: I recall on San Fernando Avenue once, there was dual egress-eggress. 597 01:22:26.680 --> 01:22:34.709 Community Hall: And then, I believe it was a church got torn down, they built houses so you can't… can no longer get out onto, 598 01:22:35.120 --> 01:22:38.670 Community Hall: McClellan… And so, in that case. 599 01:22:38.950 --> 01:22:42.369 Community Hall: The developer was allowed to remove ingress egress. 600 01:22:42.530 --> 01:22:48.899 Community Hall: And I think that's something we really want to not… Allow in the future to… 601 01:22:49.220 --> 01:22:54.090 Community Hall: You know, now there's a single point of ingress-egress on that road, where before we had two. 602 01:22:54.580 --> 01:23:02.689 Community Hall: So, let's not… approve… more developments that remove ingress egress. 603 01:23:04.550 --> 01:23:11.599 Community Hall: And at the same time, I guess we've had, through the chair, I guess, we've had residents come to us and ask for privacy. 604 01:23:11.980 --> 01:23:17.709 Community Hall: With streets being cordoned off, such as the Tone Runners project, where we had residents come in asking for 605 01:23:17.970 --> 01:23:20.769 Community Hall: Portions of that street to actually have 606 01:23:20.900 --> 01:23:28.800 Community Hall: blockage. I know we have other streets, such as, I believe, Orange Auburn, or one of those side streets where you cannot connect through to Stevens Creek from McLellan. 607 01:23:29.050 --> 01:23:33.410 Community Hall: So that's another example where, you know, your egress out of McClellan 608 01:23:34.420 --> 01:23:41.840 Community Hall: conflicts with residents' desire for not having traffic flowing through routinely, and so we're dealing with those conflicts as well. 609 01:23:42.090 --> 01:23:43.929 Community Hall: So I don't know how commissioners feel about… 610 01:23:44.260 --> 01:23:47.859 Community Hall: I mean, some of this, again, bear in mind the neighborhood hasn't changed 611 01:23:48.120 --> 01:23:51.230 Community Hall: This is the state saying we are suddenly red, where we… 612 01:23:51.410 --> 01:23:55.769 Community Hall: have existed for decades with no evacuations. How many times have we evacuated Cupertino? 613 01:23:57.940 --> 01:24:02.300 Community Hall: I've been here 4 years, we haven't in those 4, I have no idea. Okay. 614 01:24:03.200 --> 01:24:06.370 Community Hall: So how much of this is really… I asked my fellow commissioners. 615 01:24:06.610 --> 01:24:18.500 Community Hall: How much of this is really increasing the cost of remodels or construction, and therefore the cost of housing, but also the cost on just living here? Because when you increase the cost of housing, it increases rents. 616 01:24:19.050 --> 01:24:23.350 Community Hall: So how much of this is the state just pushing more studies that benefit 617 01:24:23.510 --> 01:24:25.979 Community Hall: Consultants that will do studies like these. 618 01:24:26.500 --> 01:24:28.540 Community Hall: Without really having any material effect. 619 01:24:29.080 --> 01:24:44.899 Community Hall: Well, can I clarify what exactly are you proposing to change? Because I think most of the ingress and egress is very specifically for parcels above 5 units and above, so wouldn't really apply to single-family homes. So what line or what policy are you trying to change? 620 01:24:45.390 --> 01:24:51.369 Community Hall: So, my comment is a little more broad, which is… I'd like us to… 621 01:24:52.690 --> 01:24:57.109 Community Hall: To sort of take this policy up a little bit and assess how much of this 622 01:24:57.690 --> 01:25:11.800 Community Hall: is language that really takes away control from us, in terms of local control. We have never evacuated Cupertino. Yes, this is something we should do, but how much of this is just creating studies for projects that increase the cost of housing. 623 01:25:12.200 --> 01:25:17.609 Community Hall: And just… Make it more unaffordable to live here, or remodel here. 624 01:25:18.040 --> 01:25:21.549 Community Hall: While enriching consultants with more and more and more studies. 625 01:25:21.970 --> 01:25:23.690 Community Hall: I just ask us to think about that. 626 01:25:24.290 --> 01:25:26.159 Community Hall: Can I make a quick comment? 627 01:25:26.260 --> 01:25:44.429 Community Hall: Yes, Commissioner Linskog. Can I just clarify how much of these recommendations are state or regional, guidelines or mandates, and how much of it, like, came… is over and above that? Can you give us a sense for that? 628 01:25:49.260 --> 01:26:07.110 Community Hall: Yes, thank you. The… the policies related to the multiple points of ingress and egress in those designated very high fire zones, that is, as you heard, that is state language that is in the code, those are requirements. Some of the actions that we were talking about a little earlier, contraflow. 629 01:26:07.380 --> 01:26:16.319 Community Hall: shoulder driving and so on, those are not manda… red flag parking restrictions. Those are not mandated by the state. That is entirely at the city's discretion at this time. 630 01:26:17.700 --> 01:26:23.320 Community Hall: I mean, in terms of what you have in the document right now. Some of the stuff that was mentioned is not in the document right now. 631 01:26:28.450 --> 01:26:36.930 Community Hall: I guess my point is, if you live in the hills in an extremely high fire risk area, 632 01:26:38.640 --> 01:26:43.880 Community Hall: I mean, it kind of comes with the territory that you have to take precautions. 633 01:26:43.940 --> 01:26:50.650 Community Hall: For your own safety, as well as for the safety of your neighbors and your, and the broader community. 634 01:26:50.690 --> 01:27:07.779 Community Hall: So I… I can see why that's, you know, that's not great, because it adds cost, and it adds, you know, complexity. But that's kind of, you know, what you agree to when you… when you live in those areas. 635 01:27:07.830 --> 01:27:15.780 Community Hall: So, you know, if it discourages density in those areas, and it discourages people from 636 01:27:15.780 --> 01:27:33.000 Community Hall: further building more single-family and multi-family homes, then we've achieved our objective, in a way, right? Because we don't want increased density, and if anything, we want reduced density in those areas that are high-fire zones. As we've seen from, you know, the fires in Santa Cruz. 637 01:27:33.230 --> 01:27:43.720 Community Hall: So… so I guess I'm not against having these policies, because they… they do serve a purpose. I… I don't see them as necessarily penalizing the residents. 638 01:27:43.870 --> 01:27:51.999 Community Hall: So that's my perspective. Yeah, through the chair, I would just remind us that the red map starts west of Orange or Bern. 639 01:27:52.400 --> 01:27:56.860 Community Hall: just a street or two west of Bubb, so this wouldn't by no means be hillside. 640 01:27:57.240 --> 01:28:03.300 Community Hall: The… and these codes apply to orange and yellow as well, so that puts us… 641 01:28:03.480 --> 01:28:05.490 Community Hall: maybe West was telling. 642 01:28:07.330 --> 01:28:14.799 Community Hall: I think just to answer your question, it's a little bit difficult for me to opine on whether I would not agree or agree 643 01:28:14.900 --> 01:28:19.759 Community Hall: On whether this is restrictive to single-family homes without knowing 644 01:28:19.840 --> 01:28:34.819 Community Hall: precisely what you're referring to. So far, for me, when I'm looking at the health and safety element, most of these policies are really referring to larger complexes, so I have no issue with mandating that larger housing complexes follow the proper 645 01:28:34.820 --> 01:28:43.339 Community Hall: protocols for being safe. And again, I think if you… if you have issues with anything relating to R1, I think it'd be helpful if you were 646 01:28:43.430 --> 01:28:50.119 Community Hall: If you specify that. Through the Chair, the policies do not distinguish, currently, R1 versus R3, so… 647 01:28:50.710 --> 01:28:57.269 Community Hall: Specifically, I think when we talk about dual ingress, egress, and other roadway improvements, those would apply to 648 01:28:58.110 --> 01:29:04.849 Community Hall: To anybody improving, R1 lot with a teardown rebuild or a lot split. 649 01:29:09.620 --> 01:29:11.489 Community Hall: Is that… is that accurate? 650 01:29:13.420 --> 01:29:22.379 Community Hall: Well, I mean, the policies are gonna apply for whether you're in the fire zone or not. So most of those are gonna be RHS and possibly R1. 651 01:29:22.650 --> 01:29:29.540 Community Hall: Now, we do have NR3 property in a very high fire as well, but that's not common. 652 01:29:30.420 --> 01:29:35.149 Community Hall: Can staff qualify when you say fire hazard zone, do you mean moderate? 653 01:29:35.370 --> 01:29:39.070 Community Hall: No. Moderate is a different standard. It's very high and high. 654 01:29:40.230 --> 01:29:41.630 Community Hall: Would that include high? 655 01:29:42.190 --> 01:29:44.580 Community Hall: It does in this city, yes. Okay. 656 01:29:44.830 --> 01:29:46.250 Community Hall: What street? 657 01:29:46.420 --> 01:29:49.939 Community Hall: It does. I know everything west of about, I think. 658 01:29:50.690 --> 01:29:53.159 Community Hall: somewhere between Bob and Stelling, maybe, is… 659 01:29:53.400 --> 01:30:00.729 Community Hall: is yellow and then… or orange and then red. Can we put up the map? Does the consultant have the map handy? Can you share that? 660 01:30:01.110 --> 01:30:06.890 Community Hall: Sorry, can you clarify where you're seeing that R1 lots would be subject to ingress and egress? Because I'm not seeing that. 661 01:30:12.100 --> 01:30:21.570 Community Hall: There's HS2.13, which is require new subdivisions or multiple units of… unit developments of 5 or more lots. 662 01:30:22.030 --> 01:30:29.159 Community Hall: So I think maybe that's what he's looking at. The rest are really referring to evacuation constraints. 663 01:30:29.360 --> 01:30:35.620 Community Hall: Or, you know, slowly… 3.14, policy H is 3.14. 664 01:30:36.410 --> 01:30:43.089 Community Hall: Because 2.13 says new subdivisions, not single-family homes, right? 3.14. 665 01:30:58.520 --> 01:31:05.330 Community Hall: Again, I think it's fair to say that staff have offered us the option to pass a motion to be 666 01:31:06.090 --> 01:31:13.020 Community Hall: discretionary on what we apply to R3 new development versus R1, remodel… 667 01:31:13.360 --> 01:31:19.879 Community Hall: Sorry, what page are you on with 3.14? 3.14 is fire-safe roadways, is that what you're referring to? 668 01:31:20.010 --> 01:31:21.430 Community Hall: Fire Safe Roadbase. 669 01:31:21.800 --> 01:31:29.560 Community Hall: Okay, require existing public and private roadways and fire hazard severity zones to comply with current fire safety regulations. 670 01:31:29.740 --> 01:31:33.559 Community Hall: for new subdivisions and development. But would that apply to… 671 01:31:35.200 --> 01:31:40.420 Community Hall: So here's the thing. New subdivisions and development are two very different things. 672 01:31:40.720 --> 01:31:44.529 Community Hall: A lot split could be a new development. An ADU could be a new development. 673 01:31:45.390 --> 01:31:50.250 Community Hall: Yeah, the intent of this is a subdivision that would include new development, so… 674 01:31:50.750 --> 01:32:02.940 Community Hall: I guess if there were language saying a certain number of units or more, I know some of these policies talk about 5 or more units, but this is, again, going to subdivision and development. So, so what's… 675 01:32:03.190 --> 01:32:09.729 Community Hall: I want to make sure the consultant understands the sentiment, because this came up amply in the last hearing. I don't know if the consultant was present. 676 01:32:10.520 --> 01:32:16.989 Community Hall: we do not want to burden our single-family homes, including our ADU development, with these costs. Is that clear? 677 01:32:19.370 --> 01:32:25.340 Community Hall: I would say you've made that very clear, yes. Okay, so if we have language that says regulations for new subdivisions and development. 678 01:32:27.100 --> 01:32:36.389 Community Hall: Does it seem like that could be very confusing, and a planner could interpret that to say, if you're putting an ADU, you're going to be responsible for cost to change the road to be fire safe? 679 01:32:37.260 --> 01:32:46.310 Community Hall: One, there would be no nexus for putting in an ADU and then having to upgrade the roadway, but two, I think if we want to clarify this, we could say. 680 01:32:46.460 --> 01:32:52.580 Community Hall: New subdivisions that result in new units, new development, so a gain in units. 681 01:32:53.910 --> 01:33:05.520 Community Hall: But how many units? If you did a lot split, would that be new development, new units? That would be a question of how much you want to encourage develop… new development in a high-fire zone. 682 01:33:06.370 --> 01:33:15.579 Community Hall: It's really what it would come down to. The intent of this was talking about subdivisions and new additional units. It wasn't going towards somebody adding an ADU, 683 01:33:15.730 --> 01:33:25.909 Community Hall: or somebody doing an addition on their house, or rebuilding an existing home. It was really intensifying development in a fire zone. Is there any reason this couldn't just be more specific to, say, R3? 684 01:33:26.380 --> 01:33:28.680 Community Hall: Why couldn't we just use language like R3? 685 01:33:30.220 --> 01:33:32.250 Community Hall: the R3 zoning district? 686 01:33:33.500 --> 01:33:39.109 Community Hall: It's not the same thing. Is 5 or more units synonymous with R3? 687 01:33:40.070 --> 01:33:44.139 Community Hall: It could be, sure. But an R1 split is not an R3. Right. 688 01:33:44.520 --> 01:33:49.100 Community Hall: So, so my, my question is, would we apply the same 689 01:33:49.640 --> 01:33:54.089 Community Hall: level of policy for a lot split versus 5 or more units, I would… 690 01:33:54.090 --> 01:34:14.960 Community Hall: I would think so, yes. In a hillside, yeah. Again, this is not a hillside. We are talking high and very high severity fire zone, which is literally west of Stelling. This is not a hillside. Yes, because again, if… regardless of whether you are on a hillside or not, if you are in a fire hazard severity zone. 691 01:34:15.550 --> 01:34:22.619 Community Hall: I don't know that we want to encourage More density without adequate 692 01:34:22.900 --> 01:34:35.959 Community Hall: ingress and egress and, you know, evacuation capabilities. Yeah, and if I could just say that if you were in an R1 zone or RHS, you could still add 5 or 10 units through a subdivision. 693 01:34:36.570 --> 01:34:43.289 Community Hall: I mean, R3 just means you have a multifamily development, and you… Okay, fair enough. So it would help to be more… 694 01:34:44.440 --> 01:34:49.160 Community Hall: At least, in my opinion, more… specific about… 695 01:34:49.530 --> 01:34:51.819 Community Hall: 5 or more units, as opposed to… 696 01:34:51.990 --> 01:34:56.470 Community Hall: 1 and 2 units, I would… I would hope, but again… 697 01:34:56.660 --> 01:34:58.999 Community Hall: I think we can test that with motions. 698 01:35:00.760 --> 01:35:11.179 Community Hall: So, if I can just jump in, maybe those speed disallowed. So, I'm going to ask staff, do you understand Commissioner Rao's concerns? And you're going to consider them, see whether you can implement them in this 699 01:35:11.650 --> 01:35:26.659 Community Hall: revised plan? Yes, and I believe we have other policies that specify 5 or more units. Right, so this is a study session, and I'm hearing really good feedback from all of the commissioners and the chair, and I think staff is taking down notes, incorporating all of those. I'm not hearing 700 01:35:27.100 --> 01:35:39.740 Community Hall: you know, much disagreement, like, I just dislike that recommendation, so I'm not sure, you know, we would need a motion to identify a majority versus a minority. I mean, I think this is a good discussion we're having, and I think 701 01:35:39.880 --> 01:35:42.480 Community Hall: You know, we're achieving our purpose of the study session. 702 01:35:43.820 --> 01:35:54.329 Community Hall: Thank you, City Attorney, for clarifying that. Any other comments? I have a few comments. Okay, so going to HS… 703 01:35:54.600 --> 01:36:03.710 Community Hall: 2… In terms of strategies for communication, I thought that was, good, but I, I… 704 01:36:04.160 --> 01:36:19.939 Community Hall: I thought one of the things that we should be including in there is communicating through schools, and, you know, sending home letters with, with children, because I know parents always read anything that comes from schools, from their, you know, it's a great way to communicate. 705 01:36:19.980 --> 01:36:38.890 Community Hall: So… and it's a great way to raise awareness, and through the Senior Center is another way to communicate, so… and that applies to all of the HSs, not just HS2. But just beefing up the communication methods, to be… to be more robust, I think, would be really helpful. 706 01:36:39.010 --> 01:36:43.270 Community Hall: The other one is the, the block leaders, 707 01:36:43.810 --> 01:36:56.920 Community Hall: I… that… that program, I feel, is under… under, invested in, and under-published, and… and there's a lack of awareness of it, and it would be great if… 708 01:36:56.960 --> 01:37:10.900 Community Hall: the city could publish a block leader map and a list of who the block leaders are, so that if I am, you know, if I need to know who my block leader is, that neighbors can find and communicate with their block leaders. 709 01:37:10.900 --> 01:37:19.820 Community Hall: In case of an emergency, or in case of, you know, yeah, evacuations or whatever, so it would be good to have that readily accessible. 710 01:37:19.820 --> 01:37:26.040 Community Hall: Again, in terms of communications, because that feels like that's a… that's a major lack. 711 01:37:26.120 --> 01:37:45.070 Community Hall: The, evacuation routes in HS2.11, it says, ensure evacuation route designations are reviewed and updated as needed. I just wanted a clarification on that. What is the threshold for triggering a review of the evacuation routes? What do you… what does as needed mean? 712 01:37:45.370 --> 01:37:48.179 Community Hall: And I'll stop there and provide further comment later. 713 01:37:53.290 --> 01:38:03.350 Community Hall: Generally would mean, first of all, when the safety element is reviewed and updated as state mandated, so every 8 years, taking a look and seeing if those designations need to be changed. 714 01:38:03.510 --> 01:38:09.990 Community Hall: And then if there are any other substantive changes that happen in the interim, that might… 715 01:38:10.020 --> 01:38:20.370 Community Hall: require that sort of re-evaluation, or that might… where it might make sense to do that sort of re-evaluation. It's not a firmly quantifiable trigger, it's more of, does this seem necessary, given 716 01:38:20.370 --> 01:38:30.839 Community Hall: changes in land use or infrastructure changes. So, for example, if we were to build a 32-unit, development, does that trigger it, or a 51-unit development, or… 717 01:38:30.840 --> 01:38:42.600 Community Hall: Well, there is no… like, what is the threshold there that would be like, oh, okay, we're adding so much more, number… housing, or density, or whatever, that this triggers an evacuation, review? 718 01:38:42.750 --> 01:38:51.510 Community Hall: Well, at the moment, there is no mandated threshold, so it would really be whatever city decision makers and city staff feel is an appropriate 719 01:38:51.650 --> 01:38:59.969 Community Hall: level of change or intensity that might trigger that review. It's not something that the state is going to say, you must do this because you have crossed a certain threshold. 720 01:39:00.890 --> 01:39:17.859 Community Hall: So, can we maybe recommend something as a threshold? Maybe as a, you know, a percentage increase in the number of homes in a one-mile radius? I don't know. Some sort of, you know, some sort of recommendation, I think, would be helpful, versus just saying, as needed. 721 01:39:18.980 --> 01:39:21.650 Community Hall: Yeah, absolutely, I think that is something that could be included. 722 01:39:21.890 --> 01:39:22.970 Community Hall: Great, thanks. 723 01:39:25.530 --> 01:39:38.649 Community Hall: I wanted to just comment on, adding more objective standards to the document where possible, and, you know, some of these might be questions for you. One is around ingress and egress, or access points. 724 01:39:38.710 --> 01:39:49.970 Community Hall: is the width of these roads specified within building code, or is that something that we should specify? You know, just because somebody puts a, you know, a path doesn't mean that it's really a viable one. 725 01:39:50.930 --> 01:40:10.480 Community Hall: That would be both public works and county fire, where you'd have areas looking at roadway width and access. But that roadway widths and things like that would typically not go in your general plan. Okay, thank you. And then, moving on to HS6, which is hazardous materials and exposure to electromagnetic fields, 726 01:40:11.400 --> 01:40:22.859 Community Hall: Is it possible for this policy to state that a Phase 1 environmental site assessment is mandatory for any development application on a parcel with a historical, industrial, commercial use? 727 01:40:24.640 --> 01:40:38.570 Community Hall: Our municipal code pretty much already requires that. I don't have the exact language handy, but for Section 1704, most projects already do a Phase 1, and if the Phase 1 turns up any, 728 01:40:38.970 --> 01:40:53.629 Community Hall: any reason for doing a Phase 2. Phase 2s are required prior to a hearing on a project. Okay, thank you. Should the draft explicitly reference EPA residential screening levels for PCE and PFAS? 729 01:40:54.060 --> 01:40:56.840 Community Hall: As the mandatory threshold for occupancy permits. 730 01:40:57.750 --> 01:41:07.929 Community Hall: Again, that would be covered by, it's predominantly going to be, agencies like County Department of Environmental Health or Department of Toxic Substances Control. 731 01:41:08.180 --> 01:41:18.870 Community Hall: Where you have environmental cleanup like that, they're the oversight agency, the city is not. Okay. And plus, those levels may change over time, too, so, 732 01:41:19.460 --> 01:41:26.719 Community Hall: Where you have that type of contamination, a project posing some type of development is always going to have to address the environmental cleanup. 733 01:41:27.420 --> 01:41:36.289 Community Hall: Okay, thank you. And then I have, one more on HS7, and then I'll turn it back to the rest of the Commission around, flood risk. We… 734 01:41:36.380 --> 01:41:56.000 Community Hall: We don't really mention the specific FEMA community rating system ratings, but I did notice that we recently improved from a 7 to a 6, and I think we would want to protect that good work, so my recommendation would be if we could update HS… maybe HS1.1 or HS7.4.3 to 735 01:41:56.020 --> 01:42:02.080 Community Hall: work to maintain or improve our FEMA CRS rating, just… 736 01:42:02.130 --> 01:42:05.779 Community Hall: Since so many things seem to fall off of that. 737 01:42:07.490 --> 01:42:09.660 Community Hall: And then, any other comments? 738 01:42:11.160 --> 01:42:18.360 Community Hall: Yeah, I'd just like to… Sort of make a comment here that… The risk we run. 739 01:42:18.660 --> 01:42:21.410 Community Hall: In some of these mandates, as we call it. 740 01:42:22.130 --> 01:42:26.820 Community Hall: Is it's a lot of feel-good virtue signaling, that we feel like we're gonna be safer. 741 01:42:26.950 --> 01:42:33.069 Community Hall: The reality is that these commercial projects, as we have seen over and over again with SP330, 742 01:42:33.680 --> 01:42:38.660 Community Hall: The developer can ask for a waiver, and they waive the requirement. 743 01:42:38.920 --> 01:42:42.350 Community Hall: And we leave the single-family homeowner stuck with the cost of this. 744 01:42:42.810 --> 01:42:56.019 Community Hall: So, I urge my fellow commissioners to really apply common sense. A lot of this is state law. I understand we are not able to work around certain aspects of the state, but to the extent we can maintain local control. 745 01:42:56.270 --> 01:43:04.530 Community Hall: By not overly mandating things that we cannot enforce on commercial SB330, 746 01:43:04.780 --> 01:43:07.899 Community Hall: But that will end up being enforced on single-family homes. 747 01:43:08.180 --> 01:43:15.529 Community Hall: I think we just need to use common sense and not virtue signal through this document, because that's all this document is. All it does 748 01:43:15.700 --> 01:43:19.280 Community Hall: Is it enriches consultants with more studies. 749 01:43:19.780 --> 01:43:27.520 Community Hall: While our seniors and our families in Cupertino are going to pay the cost through increased permit fees, increased peer studies and peer reviews. 750 01:43:27.630 --> 01:43:30.230 Community Hall: Increased improvement projects. 751 01:43:30.350 --> 01:43:38.830 Community Hall: that make the cost of living here simply unaffordable. So let's recognize this for what it is. It's adding a cost burden to Cupertino residents. 752 01:43:39.130 --> 01:43:46.769 Community Hall: And all of this is a lot of virtual signaling. Where we want this to be applied, it will be waived, because you cannot enforce this with SB330. 753 01:43:51.700 --> 01:43:54.149 Community Hall: So with that, I'd like to make a motion. 754 01:43:55.250 --> 01:44:03.179 Community Hall: To bring back a revised version of this document that includes specific policies For evacuation, supply side. 755 01:44:05.280 --> 01:44:08.789 Community Hall: additional policies. Is that… is that something that we can get? 756 01:44:09.030 --> 01:44:15.150 Community Hall: I know we start at the beginning of the meeting with staff saying they might come back with ideas for how to craft a motion here. Is this… 757 01:44:15.290 --> 01:44:16.850 Community Hall: I know when we had, 758 01:44:17.340 --> 01:44:20.219 Community Hall: PU, he or she would craft these motions on the fly. 759 01:44:20.470 --> 01:44:23.200 Community Hall: But can we craft a motion here for the… 760 01:44:24.460 --> 01:44:28.869 Community Hall: The addition of evacuation route supply-side policies to the document. 761 01:44:30.560 --> 01:44:33.589 Community Hall: So, this is styled as a study session. 762 01:44:33.850 --> 01:44:39.599 Community Hall: To receive feedback for… via your recommendations to staff on this. 763 01:44:40.030 --> 01:44:43.839 Community Hall: On this, health and safety element. 764 01:44:45.230 --> 01:45:01.760 Community Hall: Commissioner, I… I think… I'm trying to think through procedurally how to accommodate what you're doing. It sounds like you want to make a motion to continue the hearing to another date with recommendations you want to make to staff. I think… I think that's possible. 765 01:45:01.880 --> 01:45:10.830 Community Hall: I want to look at my notes, but I think you want to debate that suggestion to continue this hearing to some date in the future. 766 01:45:11.130 --> 01:45:23.229 Community Hall: keeping in mind the recommendations that are being made tonight. Through the Chair, at this point, I'm not making a motion to continue, I'm simply making a motion to add additional policies that address the evacuation 767 01:45:23.400 --> 01:45:40.990 Community Hall: analysis, supply-side recommendations? No, that's absolutely appropriate, and, you know, recommendations have been made throughout the night, and I think staff is just making notes of those, to inform them as to which… which… how they want to revise, potentially, this element when they bring it to City Council. 768 01:45:41.070 --> 01:45:49.870 Community Hall: And so I don't think there's a disagreement. I thought I heard you say you want to make a motion to direct staff to return to… with specific 769 01:45:50.100 --> 01:45:54.429 Community Hall: items in the report. I think that's probably beyond the scope at this point. 770 01:45:56.230 --> 01:46:05.219 Community Hall: Okay, let me… let me rephrase the motion. This is a motion to recommend the addition of policies to address evacuation analysis 771 01:46:05.380 --> 01:46:07.080 Community Hall: Supply-side improvements. 772 01:46:08.000 --> 01:46:22.909 Community Hall: Well, if I might, clarify, I actually am not sure that any commissioners disagreed with incorporating more supply-side strategies into health and safety. If there's any commissioner that disagrees with that, would they be interested in commenting? 773 01:46:22.980 --> 01:46:28.769 Community Hall: Through the chair, the reason for use of motions is because our minutes do not capture anything other than motions. 774 01:46:28.870 --> 01:46:32.370 Community Hall: And then it leaves it to staff discretion, and we have seen that staff 775 01:46:32.530 --> 01:46:37.140 Community Hall: Notes may or may not capture things as accurately as we may like, so… 776 01:46:37.370 --> 01:46:44.680 Community Hall: That's the only reason to use motions, just so that we get these things captured in the minutes. Yeah, I agree with Commissioner Rao. 777 01:46:44.830 --> 01:46:47.210 Community Hall: You know, normally we're just giving feedback. 778 01:46:47.440 --> 01:46:53.780 Community Hall: But when you make it into a resolution or a motion, then it gets… Then it's documented. 779 01:46:54.840 --> 01:47:05.090 Community Hall: So, do we have a second for a motion to consider addition of policies for evacuation analysis gaps to be addressed, subject to… I don't know what that means. Can you clarify? 780 01:47:05.630 --> 01:47:08.880 Community Hall: The addition of policies that may… 781 01:47:09.610 --> 01:47:14.990 Community Hall: Encourage the use of techniques such as contraflow operationalization. 782 01:47:15.100 --> 01:47:17.780 Community Hall: And readiness evaluation by the city. 783 01:47:18.210 --> 01:47:25.620 Community Hall: Techniques such as contraflow, And other techniques that improve supply and demand-side improvements. 784 01:47:27.030 --> 01:47:35.900 Community Hall: So how would they decide which techniques to look at and which not? They may have a broad recommendation that addresses techniques more broadly in general. 785 01:47:37.790 --> 01:47:55.050 Community Hall: I'm open to staff input on this, if you have recommendations. Can you make it more succinct in the resolution? I think I understand what you're trying to get at. Would you be open to a motion to consider incorporating more of the supply-side strategies from the evacuation study into the health and safety element? 786 01:47:55.050 --> 01:47:58.069 Community Hall: Is that what you're calling? Yes, that's the motion. Do I have a second? 787 01:48:00.730 --> 01:48:02.340 Community Hall: Sure, I'll second. 788 01:48:04.050 --> 01:48:19.229 Community Hall: I mean, as I see it, this isn't anything controversial. We've sort of talked through this, except it doesn't show up in the document. We're saying, add it to the document instead of another consultant study coming back after a year, and the city paying another $100,000 plus to the consultant to fund that addition. 789 01:48:20.510 --> 01:48:24.090 Community Hall: If there are no further comments, City Clerk, may we please have a vote? 790 01:48:24.460 --> 01:48:25.280 Community Hall: Thank you. 791 01:48:43.600 --> 01:48:46.289 Community Hall: The motion carries unanimously. 792 01:48:47.510 --> 01:49:04.029 Community Hall: Thank you very much. I actually had additional comments on, some of the other resident input around the noise element, and this might actually be a question for staff. Would it be worth, or would it be appropriate to impose an objective, 793 01:49:04.520 --> 01:49:15.039 Community Hall: Cap on decibels around, industrial trucks between 10pm and 6 AM in residential zones, maybe, like, 65 decibels. 794 01:49:16.700 --> 01:49:22.440 Community Hall: I believe the city's noise ordinance already has decibel levels in it, 795 01:49:23.040 --> 01:49:28.869 Community Hall: You could certainly include that, certainly hours of operation as well. 796 01:49:29.060 --> 01:49:33.450 Community Hall: For truck traffic, that is going to and from the quarries. 797 01:49:36.820 --> 01:49:42.160 Community Hall: Okay, thank you. Through the chair on the same item, if I may just make a comment. 798 01:49:42.400 --> 01:49:47.209 Community Hall: Prior to these changes, there was already language that talked about limiting 799 01:49:47.520 --> 01:49:49.690 Community Hall: Truck traffic and hours of operation. 800 01:49:50.770 --> 01:49:53.260 Community Hall: Why have we not enforced what we've already had? 801 01:49:53.810 --> 01:49:57.150 Community Hall: I mean, it feels like we're making these changes, but we've had… 802 01:49:57.290 --> 01:50:00.589 Community Hall: Language that allowed for that to be enforced, but it hasn't been. 803 01:50:00.820 --> 01:50:04.990 Community Hall: Is there anything… I know this isn't public works or code enforcement here, but… 804 01:50:06.130 --> 01:50:10.619 Community Hall: How is this language any better than the prior language that existed? 805 01:50:10.720 --> 01:50:15.269 Community Hall: And how does it further the… the, intent. 806 01:50:16.000 --> 01:50:20.639 Community Hall: Well, I think the issue remains that the source of the noise is outside of Cupertino. 807 01:50:21.330 --> 01:50:23.560 Community Hall: And is subject to a county permit. 808 01:50:24.170 --> 01:50:27.879 Community Hall: And one of the facilities is not even subject to that. 809 01:50:28.420 --> 01:50:39.609 Community Hall: So, enforcement would essentially involve the city on its own streets. Right. As I recall, the prior version of this document, the health and safety element. 810 01:50:39.740 --> 01:50:45.800 Community Hall: Allows for the city to restrict hours of operation on streets, to limit noise from Trucks. 811 01:50:46.830 --> 01:50:49.570 Community Hall: And so, you know, it's, again. 812 01:50:49.930 --> 01:50:52.670 Community Hall: Nice that we're rewriting it, but… 813 01:50:53.010 --> 01:50:55.830 Community Hall: This would be up to us to just enforce it. 814 01:50:56.050 --> 01:51:05.810 Community Hall: It did as an enforcement issue, yes. So, it would either be code enforcement or possibly the sheriff, depending. And is this all complaint-based enforcement? 815 01:51:06.310 --> 01:51:11.090 Community Hall: Code enforcement is largely complaint-based in the city, yes. 816 01:51:11.860 --> 01:51:20.390 Community Hall: So we could recommend signage. I think the signage is probably the new part, right? Signage… I see a section on signage here, is that right? Which did not exist previously. 817 01:51:21.540 --> 01:51:27.359 Community Hall: Well, I think we can have signage, and I believe there's still language in there, too, in terms of coordination with the county, which is 818 01:51:27.710 --> 01:51:32.400 Community Hall: Likely the most effective method to try to work with the agency that regulates the use. 819 01:51:34.630 --> 01:51:37.000 Community Hall: So there is a section on signage, right? 820 01:51:37.250 --> 01:51:38.280 Community Hall: Which is new. 821 01:51:42.560 --> 01:51:43.300 Community Hall: Alright. 822 01:51:45.970 --> 01:51:49.020 Community Hall: Okay, any other comments from the Commission? 823 01:51:49.170 --> 01:51:52.769 Community Hall: Which one's called? Yeah, I have comments on the… 824 01:51:53.120 --> 01:52:00.469 Community Hall: the Climate HS9. So I, I did some research on that one, and 825 01:52:00.940 --> 01:52:11.939 Community Hall: Turns out there's a California EPA report on this, talking about heat islands, where it says that heat islands, especially in areas like San Jose. 826 01:52:11.980 --> 01:52:24.350 Community Hall: Have resulted in, nighttime temperatures that are often 22 degrees warmer, and creates severe health and safety and economic risks, such as heat exhaustion, heat stroke, dehydration. 827 01:52:24.550 --> 01:52:35.359 Community Hall: Cardiovascular strain. They're also associated with higher risks of… higher rates of hospitalization and emergency room visits for respiratory diseases, strokes, and diabetes. 828 01:52:35.560 --> 01:52:43.079 Community Hall: And for every increase of 10 degrees in Fahrenheit, there's a 9% increase in preterm births. 829 01:52:43.090 --> 01:52:58.889 Community Hall: So it's… it's a big problem, and this is data that's, you know, local. And it also creates worsening air quality, and it also creates a strain on the power grid because of higher demand for air conditioning, leading to brownouts and blackouts. 830 01:52:58.890 --> 01:53:08.450 Community Hall: So, there is a 2026 Bay Area… Bay Area Heat Action Plan that has, that's a long, exhaustive document, and… 831 01:53:08.450 --> 01:53:21.269 Community Hall: Addresses this in a lot of detail, in terms of remedies that can be done in terms… in four different areas, so public notification, strengthening community emergency services, upgrading building infrastructure with cool roofs. 832 01:53:21.290 --> 01:53:30.899 Community Hall: and other insulation, and other solutions, and then implementing nature-based solutions, like increasing the urban tree canopy. So it's… 833 01:53:30.980 --> 01:53:39.409 Community Hall: it's very, very well documented, but I don't see a lot of that in your document. It's a really, 834 01:53:40.300 --> 01:53:55.509 Community Hall: abbreviated list compared to the completeness of the document that the state has put out, and the Bay Area Heat Action Plan has put out. So, my suggestion would be, can you please take a look at that document and bring a lot of those 835 01:53:55.660 --> 01:54:01.029 Community Hall: those, strategies into our document? Because that's… 836 01:54:01.320 --> 01:54:03.730 Community Hall: You know, that's the… that's the… 837 01:54:03.850 --> 01:54:20.630 Community Hall: state-of-the-art recommendation there is. So, for example, you know, building public awareness, they have a lot of recommendations, incentivizing community participation in planting trees and private properties and public right-of-ways, cooled roofs, home insulations, working with Caltrans to increase tree canopy on transportation routes. 838 01:54:20.630 --> 01:54:25.200 Community Hall: Working with school districts to increase tree canopy and permeable surfaces in schoolyards. 839 01:54:25.580 --> 01:54:36.580 Community Hall: and tying it back to HS6, the hazardous toxic air is an issue for all Cupertino's residents when the temperature goes up. 840 01:54:36.600 --> 01:54:50.860 Community Hall: So, this is a health issue for all of us that's only going to get worse. So, I'm kind of disappointed, honestly, with, with this section. It's nowhere near as robust as I would have liked to have seen it. 841 01:54:50.910 --> 01:55:04.550 Community Hall: So I would really like to have you go back and take a look at that heat action plan for the Bay Area, and make this section much more rigorous. Thank you. Commissioner Linscock, would you like to make a motion to that effect? 842 01:55:04.700 --> 01:55:12.309 Community Hall: Sure. Okay, so my motion is, to rewrite 843 01:55:12.530 --> 01:55:23.099 Community Hall: Section HS9, to, be more rigorous and to bring in more of the findings from the 2026 Bay Area Heat Action Plan. 844 01:55:23.950 --> 01:55:25.190 Community Hall: Such as… 845 01:55:25.600 --> 01:55:39.300 Community Hall: Such as improving public… so four key pillars, improving public notification, strengthening community emergency services, upgrading building infrastructure, such as cool roofs and insulation, and implementing nature-based solutions like urban tree canopy expansion. 846 01:55:41.320 --> 01:55:43.330 Community Hall: It's a pretty extensive document. 847 01:55:44.440 --> 01:55:45.630 Community Hall: I would second that. 848 01:55:47.650 --> 01:55:51.960 Community Hall: Great. If there are no further comments, City Clerk, can we maybe please have a vote? 849 01:55:52.200 --> 01:55:57.499 Community Hall: And I just want to make clear that this is a motion and a second for recommendations along the lines, correct? 850 01:55:59.250 --> 01:55:59.940 Community Hall: Correct. 851 01:56:05.390 --> 01:56:07.440 Community Hall: Sorry, yeah. 852 01:56:20.530 --> 01:56:23.499 Community Hall: Somebody's not voted. 853 01:56:27.070 --> 01:56:27.800 Community Hall: Small. 854 01:56:33.240 --> 01:56:34.170 Community Hall: Oh. 855 01:56:37.530 --> 01:56:38.860 Community Hall: Bit of voting again. 856 01:56:43.630 --> 01:56:46.019 Community Hall: The motion carries unanimously. 857 01:56:48.060 --> 01:56:50.189 Community Hall: Thank you. Do we have any other comments? 858 01:56:50.360 --> 01:56:51.279 Community Hall: From the Commission. 859 01:56:52.010 --> 01:57:00.260 Community Hall: I had some minor feedback that does not require a motion. First of all, in HS4.4, which is supposed to be covering 860 01:57:00.260 --> 01:57:15.129 Community Hall: Response times, we only refer, even though this is in the police services section, we only talk about the fire department response time, and we should be referencing the sheriff as well, so I would very much appreciate if that could be added back in. And then… 861 01:57:15.150 --> 01:57:23.069 Community Hall: On page 50, which is sort of, like, the conclusion looking forward, how would we address key health and safety challenges? 862 01:57:23.070 --> 01:57:36.819 Community Hall: We talk about four things. Noise, project building design, community participation, and collaborating with agency partners, but we make no mention of emergency operations, you know, EOC, evacuation plans. 863 01:57:36.820 --> 01:57:48.539 Community Hall: which I feel like is kind of at the heart of what we are doing, and so my ask is whether we would want to consider a fifth point around the city's role in emergency operations as well. 864 01:57:49.520 --> 01:57:56.560 Community Hall: So, that is my feedback. Any other feedback from the Commission? Yeah, through the Chair, I had a question on HS9.4.2. 865 01:57:57.670 --> 01:58:00.979 Community Hall: Can staff clarify, does the shared structure apply to 866 01:58:01.790 --> 01:58:06.130 Community Hall: A certain number of units and above, or what does it mean when you say shade structure? 867 01:58:08.590 --> 01:58:11.079 Community Hall: 25% is the threshold. 868 01:58:11.600 --> 01:58:15.040 Community Hall: 25% of a site modification is not much for… 869 01:58:16.880 --> 01:58:22.139 Community Hall: sites that are single-family homes. Are we asking single- family homes to add shared structures? 870 01:58:25.030 --> 01:58:28.730 Community Hall: I'm not sure which policy were you referring to? HHS 9.4.2. 871 01:58:32.760 --> 01:58:37.090 Community Hall: Well, it says include vegetation, shade trees, or shade structure. 872 01:58:46.450 --> 01:58:49.120 Community Hall: Yeah, this is, I think, focusing on parking lots? 873 01:58:50.810 --> 01:58:54.090 Community Hall: And… It's not worth it. 874 01:58:55.150 --> 01:58:57.799 Community Hall: That's an aura, though. Yeah. 875 01:58:58.960 --> 01:59:07.060 Community Hall: Yeah, I think… that 25% Needs to explicitly not apply to 876 01:59:07.390 --> 01:59:12.360 Community Hall: Somebody make an addition… making an addition to their house that adds… No. 877 01:59:13.540 --> 01:59:20.920 Community Hall: 600 square feet to a 2,000 square foot house. That's… You know, more than 25%. 878 01:59:21.140 --> 01:59:23.619 Community Hall: You're not going to be putting in a shade structure. 879 01:59:24.870 --> 01:59:29.140 Community Hall: Well, there is no parking lot. That's… I know, but it's… it's… or… 880 01:59:30.470 --> 01:59:45.890 Community Hall: Yeah, I mean, this really is intended to deal with parking lots. Okay, as long as it's clear, it's only for parking lots. Is there a definition for a parking lot? Would a long driveway be a parking lot? I mean, it's a lot where you park. I mean, I… you know, I… Would the driveway count? 881 01:59:47.170 --> 01:59:57.919 Community Hall: Yeah. We define quite a bit, I don't know that we have a definition. You know, we laugh about this, but I can't tell you how many times I've had single-family homeowners come to me complaining that the planner 882 01:59:58.160 --> 02:00:02.960 Community Hall: has had… You know, they've had so many concerns about our planners. 883 02:00:03.130 --> 02:00:14.069 Community Hall: Many times, they've been escalated to leadership that thankfully did resolve the issues. But we have situations where these get interpreted widely in a discretionary manner, and so… 884 02:00:14.200 --> 02:00:19.149 Community Hall: We just need… Again, going back to the point, to be very, very… 885 02:00:19.550 --> 02:00:24.559 Community Hall: Clear that this is not something we want to Leave room for interpretation around. 886 02:00:25.170 --> 02:00:32.350 Community Hall: Yeah, I mean, if we rezone a commercial Property 2… residential. 887 02:00:32.670 --> 02:00:37.259 Community Hall: And it's obvious it's going to be more than 25% modified. 888 02:00:37.640 --> 02:00:44.770 Community Hall: And there will be a parking lot, but you may not… but you're not going to put a shade structure in a townhouse parking lot. 889 02:00:46.370 --> 02:00:50.100 Community Hall: Or maybe you would. I… I can't imagine you would, but… 890 02:00:50.100 --> 02:01:06.579 Community Hall: If it's a townhome development, they'll have density bonus and would waive the standard anyway. So, this is really applying to commercial properties and commercial parking lots. So why don't we say that? Yeah, so… I think we could put that commercial and clarify this as well. Yeah, put commercial in there. …to residential. 891 02:01:06.630 --> 02:01:09.059 Community Hall: Is this document… is this, like… 892 02:01:09.520 --> 02:01:14.329 Community Hall: A, search and replace that's used in multiple cities, and it's not… 893 02:01:14.960 --> 02:01:21.300 Community Hall: Specific to Cupertino, or what? I mean, it just doesn't seem like it's very well done. 894 02:01:23.820 --> 02:01:29.209 Community Hall: Okay, we have spent quite a bit of time on this item. Do we have any final comments? 895 02:01:29.680 --> 02:01:43.610 Community Hall: If not, I do want to test if our commissioners here would want to see this come back to us before it goes to Council, just given the amount of comments we've had. This is going to Council end of April. There's no reason we shouldn't have another session on this. 896 02:01:45.320 --> 02:01:47.610 Community Hall: Is there interest in seeing this another time? 897 02:01:48.850 --> 02:01:52.879 Community Hall: City staff, would you have an… is that… 898 02:01:53.130 --> 02:01:59.430 Community Hall: feasible to bring a draft back within… before the next… I don't know when it was planning on going to Council. 899 02:02:01.310 --> 02:02:02.790 Community Hall: I would say no. 900 02:02:02.910 --> 02:02:07.410 Community Hall: You have issues, too, of… Through the chair. 901 02:02:07.690 --> 02:02:13.090 Community Hall: I think it's up to the Commission to require it. If it is not ready, then it does not go to Council. 902 02:02:13.390 --> 02:02:16.240 Community Hall: I think we need to, as a commission here. 903 02:02:16.490 --> 02:02:27.609 Community Hall: see a higher quality output before things go to the Council. If something is on a council agenda prior to the Commission having certified it or recommended it, I think we just need to see 904 02:02:27.970 --> 02:02:39.719 Community Hall: Whether we're ready to recommend it. Right, I understand. I just wanted to let Assistant Director Connolly finish his, yeah, I just would also like to say one thing. We are running into having more meetings 905 02:02:40.220 --> 02:02:46.589 Community Hall: on this project, also objective design standards than we budgeted for. I just want to say that in a public setting. 906 02:02:46.750 --> 02:02:52.789 Community Hall: Because it requires us to redo contracts, because we're having more meetings and more consultant time spent. 907 02:02:53.750 --> 02:02:59.010 Community Hall: Is there a consultant cost to bringing this back? 908 02:03:00.050 --> 02:03:04.620 Community Hall: There would be additional work by the consultant, and if they need to attend the meeting, yes. 909 02:03:04.880 --> 02:03:06.130 Community Hall: Okay, thank you. 910 02:03:06.310 --> 02:03:10.859 Community Hall: Through the chair, this is done once every 8 years, or 10 years, so… 911 02:03:12.300 --> 02:03:14.120 Community Hall: Just… just something to factor in. 912 02:03:15.910 --> 02:03:21.870 Community Hall: So… It's an additional cost That we have to pay the consultant. 913 02:03:23.240 --> 02:03:25.050 Community Hall: I mean, I'm struggling here. 914 02:03:25.240 --> 02:03:30.169 Community Hall: you know, a consultant could say, well, I'm gonna, you know, bring something to the commission, and… 915 02:03:30.330 --> 02:03:43.040 Community Hall: have all these gaps in it, so they find them, and then, you know, they request another session, and we get more money. I mean, this doesn't seem like a very good system here, that we've negotiated with the consultants. 916 02:03:43.360 --> 02:03:48.360 Community Hall: Well, they provided a draft, And the draft is adequate in staff's opinion. 917 02:03:48.830 --> 02:03:49.580 Community Hall: Yeah. 918 02:03:51.700 --> 02:04:02.710 Community Hall: Adequate should… Adequate should not be our… adequate should not be our performance, our goal here, I don't think, but… So, I'm gonna, on that note, make a motion to continue to bring this item back. 919 02:04:02.970 --> 02:04:06.690 Community Hall: for another revision to be reviewed at Planning Commission, do I have a second? 920 02:04:12.670 --> 02:04:14.720 Community Hall: Do commissioners want to see this one more time? 921 02:04:16.920 --> 02:04:19.969 Community Hall: Yeah, I'm not gonna second it, because I fear… 922 02:04:20.230 --> 02:04:28.290 Community Hall: It will come back, and it will be this, you know, it will be equally inadequate, and then we're gonna want another one and another one, so… 923 02:04:28.390 --> 02:04:33.069 Community Hall: you know, my feeling is, let's push this off to the City Council now, we've done all we can. 924 02:04:33.980 --> 02:04:44.560 Community Hall: Yeah, my personal opinion on this is I am going to trust that our feedback will be incorporated, and I will take a look at whatever draft gets sent to City Council, and I think that 925 02:04:44.560 --> 02:05:00.369 Community Hall: you know, correct me if I'm wrong, but we would have the opportunity to opine if we feel that Planning Commission feedback has not been properly incorporated. So that would be my preference. Through the Chair, we had a hearing once before, none of the feedback, or much of the feedback today has revolved around 926 02:05:00.560 --> 02:05:05.140 Community Hall: Distinguishing single-family from larger unit construction. 927 02:05:05.300 --> 02:05:09.319 Community Hall: That feedback did not make its way into this draft, and that reflects… 928 02:05:10.880 --> 02:05:13.920 Community Hall: You know, something that's worth considering for us. 929 02:05:14.210 --> 02:05:17.440 Community Hall: The trust must verify model might be warranted here. 930 02:05:17.550 --> 02:05:20.189 Community Hall: So, I agree with the chair. 931 02:05:23.110 --> 02:05:25.150 Community Hall: Okay, we do not have a second. 932 02:05:28.540 --> 02:05:46.940 Community Hall: Okay, so I think, we've, provided extensive feedback, and I… we will all be looking towards the revised draft, and I think we can provide our feedback if we feel that our… it's not been incorporated. So, is there any interest in 5 minutes before the next agenda? Okay, we'll take a 5-minute break. Thank you. 933 02:05:48.900 --> 02:05:51.269 Community Hall: So, to clarify, we're done with this item, right? 934 02:05:51.780 --> 02:05:52.850 Community Hall: Yes. Okay. 935 02:12:06.550 --> 02:12:16.650 Community Hall: All right, so we will move on to new business, and agenda Item 3 is the 2025 General Plan and Housing Development Annual Progress Report. Do we have a staff report? 936 02:12:17.430 --> 02:12:22.650 Community Hall: Very briefly, and there's no presentation, so, just wanted to go over… these are… 937 02:12:22.810 --> 02:12:30.560 Community Hall: two annual reports that are due to the state every April 1st, so the Commission sees these, annually. 938 02:12:30.830 --> 02:12:42.290 Community Hall: One is the housing element report that goes to HCD, the other one is the General Plan Report that goes to what used to be the Office of Planning and Research, which now is LCI. 939 02:12:42.770 --> 02:12:46.359 Community Hall: Land use and climate innovation. It's gonna take me a while to get used to that. 940 02:12:46.710 --> 02:12:53.110 Community Hall: But essentially, then, these are just check-ins. The housing piece is largely… 941 02:12:53.470 --> 02:13:00.610 Community Hall: become a massive data entry function, into HCD's spreadsheets in terms of tracking 942 02:13:00.750 --> 02:13:08.530 Community Hall: Housing information, which, over the last 7 or 8 years, started from tracking building permits and entitlements only, to now tracking 943 02:13:09.060 --> 02:13:18.939 Community Hall: just about every type of unit that has come in under different bills, from the planning stage, to the building permit stage, to the certificate of occupancy stage, so… 944 02:13:19.320 --> 02:13:25.310 Community Hall: that is, as I said, largely a… just a data entry function. The general plan is more… 945 02:13:25.510 --> 02:13:34.349 Community Hall: Still have a document that is identifying what the city worked on in the last calendar year only, so these are both 2025. 946 02:13:34.480 --> 02:13:42.459 Community Hall: I believe you have the flexibility with the general plan report to make it not on the calendar year, but we keep them both on just 2025. 947 02:13:42.650 --> 02:13:50.359 Community Hall: So, again, I don't have any presentation or anything to go into. If there are any comments or questions you have. 948 02:13:50.600 --> 02:14:01.540 Community Hall: I believe we do have, our Senior Housing Coordinator, Nikki Vu, on Zoom, so if there are any housing-related questions or policy questions related to housing. 949 02:14:01.780 --> 02:14:04.510 Community Hall: Nikki could answer those as well. 950 02:14:04.830 --> 02:14:07.609 Community Hall: And that concludes staff's report. 951 02:14:07.960 --> 02:14:17.039 Community Hall: Thank you very much. Commissioner Rao, you have a question? Yeah, as I understood it, last year when we looked at this, this was largely about housing element progress. 952 02:14:17.610 --> 02:14:23.220 Community Hall: I'm seeing comments here in this document about other aspects, such as, 953 02:14:23.530 --> 02:14:28.569 Community Hall: sustainability element, health and safety, I mean, there's all references to 954 02:14:28.720 --> 02:14:31.489 Community Hall: Other elements in here that we did not do last year. 955 02:14:32.020 --> 02:14:38.240 Community Hall: Well, again, there's two pieces, so the one document's dealing with the general plan update as a whole. 956 02:14:38.600 --> 02:14:42.889 Community Hall: So that touches on… it could be sustainability, mobility. 957 02:14:43.030 --> 02:14:51.070 Community Hall: health and safety, any of the general plans elements. If there was something that was worked on, it would be noted in the report. 958 02:14:51.200 --> 02:15:00.130 Community Hall: the… the housing element, it still takes up a big piece of that, but this… the other document that is just going to HCD, 959 02:15:00.270 --> 02:15:11.010 Community Hall: is solely focused on housing production. So the, general plan APR does not go to HCD, is that right? No, it goes to the LCI, the other state agency. 960 02:15:11.680 --> 02:15:13.200 Community Hall: Okay, and… 961 02:15:13.770 --> 02:15:22.949 Community Hall: Are there obligations to report again if anything changes here? No. These are really check-ins that are received by the two agencies. 962 02:15:23.470 --> 02:15:42.790 Community Hall: The trouble comes if you don't submit. It's really just meeting the deadline. I think HCD is using theirs largely for tracking purposes to get statewide data on housing. And did we do the LCI submission last year? Because I don't… Yes, we have done it every year. Last year, they just weren't called LCI, it was OPR. 963 02:15:43.800 --> 02:15:44.570 Community Hall: Thank you. 964 02:15:46.520 --> 02:15:47.410 Community Hall: First year? 965 02:15:50.490 --> 02:15:57.339 Community Hall: So, when does the state get upset with us that 966 02:15:57.480 --> 02:16:00.320 Community Hall: We're actually building housing on parcels. 967 02:16:00.750 --> 02:16:06.829 Community Hall: but at less than the theoretical capacity they were zoned for. And when do we have to… 968 02:16:06.950 --> 02:16:09.890 Community Hall: Find other parcels to make up that difference. 969 02:16:12.000 --> 02:16:23.300 Community Hall: No, the second part of that is there's 180 days from the middle of December, so technically, I think it's June 16th, which is an impossible date to meet. I touched on this last week at the City Council. 970 02:16:23.460 --> 02:16:29.719 Community Hall: I'm not sure any city could identify and rezone parcels in that time frame, so… 971 02:16:30.190 --> 02:16:42.680 Community Hall: But to really answer your question is we need to be doing that right away, and we are. We're moving on that. We got direction from the City Council last week to get a consultant on board and to begin the work on that. 972 02:16:45.480 --> 02:16:52.070 Community Hall: And I think we had a few extra units from the second project on Stevens Creek, right, that wasn't in our… 973 02:16:52.340 --> 02:16:56.960 Community Hall: How… wasn't part of our… our arena and the housing element. 974 02:16:57.270 --> 02:17:11.999 Community Hall: Correct. How many of those… does that offset our whole shortage, or not? It will not. We have not adjusted for that, because the… the shortage is really happening in the low and moderate income areas, not the market rate, and… 975 02:17:12.190 --> 02:17:15.089 Community Hall: Again, with townhomes, we get 80% market rate. 976 02:17:15.230 --> 02:17:24.530 Community Hall: So it's difficult to… get the 50%… 57% figure that the state assigned. So, for Valco. 977 02:17:25.389 --> 02:17:39.550 Community Hall: when it was an SB35 project, it was 50%. It started at 50% affordable. And what is the percentage down to now? I think it's 20. It's 356 low-income units, which started at 1,201. 978 02:17:40.049 --> 02:17:45.079 Community Hall: Went to 890, which was the number we had when the housing element was certified. 979 02:17:45.280 --> 02:18:00.789 Community Hall: We didn't get credit for the whole 890, but that's getting in more detail, but now it is down to 356 total for the project. So, is it… it's not an SB35 anymore, is it? Because… It is an SB35. The laws have changed around what constitutes an SB35. 980 02:18:00.790 --> 02:18:06.569 Community Hall: And it's all retro… the laws are all retroactive. They are covered by it, so yes. Wonderful, so… 981 02:18:07.070 --> 02:18:11.660 Community Hall: So, yeah, looks like we'll be at our… get our 57% pretty soon then, right? 982 02:18:12.650 --> 02:18:15.080 Community Hall: We'll be working on it. 983 02:18:17.590 --> 02:18:20.949 Community Hall: Any other questions, comments? Yeah, through the… through the chair. 984 02:18:21.790 --> 02:18:28.969 Community Hall: So… I know we did a number of hearings for projects that were… 985 02:18:29.690 --> 02:18:33.819 Community Hall: All up and down Stevens Creek. Are they reflected in this report? I don't see… 986 02:18:35.309 --> 02:18:38.489 Community Hall: I guess I'm struggling to find the correlation between 987 02:18:39.090 --> 02:18:45.649 Community Hall: For example, I think on page, what page is this? Page 3? Of the Housing Element APR. 988 02:18:46.280 --> 02:18:51.869 Community Hall: It says number of units requesting a density minus 3077. 989 02:18:52.530 --> 02:18:55.440 Community Hall: Number of units permitted is zero. 990 02:18:56.090 --> 02:19:05.539 Community Hall: So, if an approval was completed in Planning Commission and City Council, Should that number be non-zero? 991 02:19:05.940 --> 02:19:08.619 Community Hall: That's probably referring to building permits. 992 02:19:08.799 --> 02:19:15.229 Community Hall: which the building permits have not been approved yet. The planning entitlements are captured. 993 02:19:15.570 --> 02:19:23.500 Community Hall: for Not the Dividend Homes project, because that was 2026, but anything approved in 2025. 994 02:19:23.990 --> 02:19:25.430 Community Hall: Would be in that report. 995 02:19:25.870 --> 02:19:31.050 Community Hall: I see. So, there's no distinction between planning versus building. 996 02:19:31.510 --> 02:19:33.690 Community Hall: to show progress, I mean, wouldn't we… 997 02:19:33.920 --> 02:19:37.270 Community Hall: I want to sort of highlight progress that planning has made. 998 02:19:37.770 --> 02:19:39.460 Community Hall: With this reporting? 999 02:19:39.670 --> 02:19:41.089 Community Hall: I can answer this one. 1000 02:19:41.480 --> 02:19:44.020 Nicky Vu, Sr. Housing Coordinator: So, there's multiple tips… sorry, hi, Nikki. 1001 02:19:44.020 --> 02:19:44.850 Community Hall: Go ahead, Nikki. 1002 02:19:44.850 --> 02:19:53.359 Nicky Vu, Sr. Housing Coordinator: I'm online. Good evening, Madam Chair and the Planning Commission. So, the APR, right, it contains multiple tables to kind of track different types of progress. 1003 02:19:53.360 --> 02:19:58.759 Community Hall: Can you speak up, or do we need the video team to increase the volume and community all? 1004 02:19:59.830 --> 02:20:00.880 Nicky Vu, Sr. Housing Coordinator: Is this better? 1005 02:20:02.410 --> 02:20:04.389 Community Hall: Maybe the video team can help us. 1006 02:20:09.430 --> 02:20:19.979 Community Hall: While we're doing that, I think we are getting credit for anything the Planning Commission has approved, right? We're seeing that in the Table 1, Building Permits issued by income category during 2025. 1007 02:20:20.370 --> 02:20:24.170 Community Hall: Right? And we're seeing all of the… 1008 02:20:24.320 --> 02:20:37.100 Community Hall: projects that were entitled, even if they haven't gotten their building permits yet, right? Correct. You get… you're tracking entitlement, building permits, certificates of occupancy. 1009 02:20:37.370 --> 02:20:48.919 Community Hall: Even down to whether it's an SB9 project or use any of the state laws, but yes. So if it was approved in 2025, but did not pull building permits, the entitlements would reflect. 1010 02:20:50.600 --> 02:20:53.539 Community Hall: Okay, so… so we should be looking at entitlements. 1011 02:20:54.740 --> 02:21:02.570 Community Hall: Yes, or both, really. It's… but like I said, the state is tracking, I think, not only what's entitled, but what actually gets produced. 1012 02:21:02.960 --> 02:21:07.249 Community Hall: Because even when I look at entitlements, I think this is, what, page 3? 1013 02:21:07.940 --> 02:21:10.119 Community Hall: That seems an awfully low number. 1014 02:21:10.490 --> 02:21:12.559 Community Hall: If entitlements is to reflect what… 1015 02:21:12.980 --> 02:21:15.670 Community Hall: What is approved on the planning side. 1016 02:21:18.450 --> 02:21:21.579 Community Hall: I mean, it shows 28 units entitled in total. 1017 02:21:23.180 --> 02:21:27.960 Community Hall: I'm looking at Table 2, Pipeline Entitlements. 1018 02:21:28.300 --> 02:21:44.499 Community Hall: I don't know what that is. Are you on the document that says Housing Element APR? I'm in the 2025 General Plan APR. No, this is the 2025 Housing Element APR. Were we able to adjust the volume? Maybe, I think, Nikki had something… I think we were looking at different documents. 1019 02:21:45.530 --> 02:21:56.909 Nicky Vu, Sr. Housing Coordinator: I think we might be looking at different documents, but, I can clarify for the Planning Commission that within the Excel sheet, that is the Housing Element APR, we have four different, kind of, tables that track 1020 02:21:56.930 --> 02:22:07.270 Nicky Vu, Sr. Housing Coordinator: progress on housing development, right? There's Table A, which is planning and entitlements submitted in 2025, and then Table A2 is kind of the kind of pipeline projects that. 1021 02:22:07.270 --> 02:22:15.800 Community Hall: Sorry, I'm having a hard time understanding what you're saying. Either the video team needs to help us, or the speaker needs to get closer to his microphone. 1022 02:22:16.310 --> 02:22:23.759 Community Hall: Yeah, I think the volume is okay, but the clarity of the voice is not… Is it possible for… 1023 02:22:24.670 --> 02:22:27.280 Community Hall: Staff to get closer to the microphone or something. 1024 02:22:27.980 --> 02:22:28.930 Nicky Vu, Sr. Housing Coordinator: How's this? 1025 02:22:30.660 --> 02:22:31.699 Nicky Vu, Sr. Housing Coordinator: Is that better? 1026 02:22:34.970 --> 02:22:36.400 Community Hall: Okay. You can try. 1027 02:22:38.040 --> 02:22:47.389 Nicky Vu, Sr. Housing Coordinator: Okay, there's 4 different areas that we check pipeline progress in the actual Excel sheet that is the Housing Element APR, and all of them kind of 1028 02:22:47.510 --> 02:23:04.129 Nicky Vu, Sr. Housing Coordinator: count to the person reviewing the submission, right? And that's planning entitlement, sorry, planning application submitted, planning entitlement, building permit, and then certificate of occupancy, the final. But for consistency, right, they… 1029 02:23:04.300 --> 02:23:15.370 Nicky Vu, Sr. Housing Coordinator: track only one for actual units produced per year, and that one is the building permit. And that's what kind of shows up consistently throughout, like, different years of the housing element. 1030 02:23:15.640 --> 02:23:21.429 Nicky Vu, Sr. Housing Coordinator: But all of them matter. All of them get counted in some way or form by the reviewer. 1031 02:23:22.450 --> 02:23:25.399 Community Hall: Is there any reason staff is not present here for the hearing? 1032 02:23:26.350 --> 02:23:30.910 Nicky Vu, Sr. Housing Coordinator: I have other commitments, I couldn't make it in person, but… 1033 02:23:30.910 --> 02:23:37.459 Community Hall: Yeah, I think offline, we gotta figure out this audio situation. It's really… Really hard to understand. 1034 02:23:37.840 --> 02:23:43.449 Community Hall: I don't know if there's a speaker here that's not turned on, because maybe the rest of the hall can hear, and we can't hear out here. 1035 02:23:44.320 --> 02:23:47.239 Community Hall: Can I just clarify one point around, 1036 02:23:47.370 --> 02:24:07.229 Community Hall: the idea of credit and what is being tracked. So, you know, my understanding of RENA is that the state is really more just concerned with making sure that we've zoned and created the capacity, but then, you know, I go down in the staff report, and it says that we can get credit for building permits issued, so how does that 1037 02:24:07.300 --> 02:24:10.700 Community Hall: work to offset unmet Rena. 1038 02:24:11.220 --> 02:24:18.870 Community Hall: you get credit for everything that is built, that's true. So, I mean, we only have 58 properties that are priority housing sites. 1039 02:24:19.100 --> 02:24:28.589 Community Hall: you get development on 100 other properties, you get credit for all of those. So your RENA is essentially what you're assigned and trying to attain. 1040 02:24:29.060 --> 02:24:33.590 Community Hall: But it isn't just your housing element sites that contribute towards reaching it. 1041 02:24:34.030 --> 02:24:37.429 Community Hall: That's… that's really how it works. So, ADUs. 1042 02:24:38.220 --> 02:24:43.309 Community Hall: an additional unit somewhere. Each unit counts towards that. 1043 02:24:44.660 --> 02:24:53.020 Community Hall: One of the issues we have, though, again, is most of those units are not affordable, so the difficulty in meeting URENA is by the income category. 1044 02:24:53.680 --> 02:24:56.590 Community Hall: That's where it gets trickier. Thank you. 1045 02:24:57.410 --> 02:25:05.580 Community Hall: So… So, if there's progress the city has made on units, but those are not housing element identified sites? 1046 02:25:05.720 --> 02:25:07.480 Community Hall: Do we not report those? 1047 02:25:07.640 --> 02:25:15.319 Community Hall: Yes, we report all… everything that is built, everything that gets an approval or is constructed. Okay, so I'm looking at page 4. 1048 02:25:17.830 --> 02:25:22.670 Community Hall: And… I don't know if we have a full list here. 1049 02:25:23.510 --> 02:25:25.999 Community Hall: I don't see the Staples project here. 1050 02:25:27.010 --> 02:25:28.099 Community Hall: Am I missing it? 1051 02:25:29.700 --> 02:25:32.270 Community Hall: Under Summerhill One. 1052 02:25:33.790 --> 02:25:40.199 Community Hall: So there's a little row there that says Westport, The Rise, Toll Brothers, Summerhill 1. 1053 02:25:40.540 --> 02:25:44.959 Community Hall: Summerhill One would be the Staples Fontana Pizza Hut site. 1054 02:25:45.170 --> 02:25:50.490 Community Hall: I just want to make sure we're on the same page. This is page 4? Page 4, yes. 1055 02:25:50.720 --> 02:26:00.309 Community Hall: These tables aren't numbered, are they numbered? No, it's table 2. Table 2. It's table… it's earlier, it's in the summary report, so go up. Yeah, sorry, I was asking about table A. 1056 02:26:00.800 --> 02:26:11.019 Community Hall: Now, I think you should go to the summary. It's a lot clearer to understand than the tables A, B, C. Okay, but just in the interest of making sure there's completeness in table A, 1057 02:26:11.780 --> 02:26:16.530 Community Hall: Is Table A required to be complete? I'm looking at table A. 1058 02:26:16.700 --> 02:26:22.049 Community Hall: Okay, I'm not looking at Table A. Which, which document is that in? This is the Housing Element APR. 1059 02:26:24.590 --> 02:26:27.529 Community Hall: Isn't that the document we're supposed to… Exhibit 1, 1060 02:26:29.080 --> 02:26:31.620 Community Hall: The summary report, there's a summary table. 1061 02:26:31.970 --> 02:26:37.309 Community Hall: Understood. I just want to make sure this document is actually accurate. 1062 02:26:48.770 --> 02:26:53.040 Community Hall: What page are you on, Commissioner? Page… 4? Table A? 1063 02:26:53.150 --> 02:26:53.950 Community Hall: Thank you. 1064 02:27:13.400 --> 02:27:25.469 Community Hall: I don't… I don't see… I see Valco, I see Wolf Road, I see Bentley Summerhill, which we haven't even heard yet, but okay. But I don't see… 1065 02:27:25.600 --> 02:27:27.059 Community Hall: the Staples Project. 1066 02:27:27.970 --> 02:27:29.770 Community Hall: I don't see Toll Brothers. 1067 02:27:34.260 --> 02:27:37.059 Community Hall: And I see a new road, 1068 02:27:37.170 --> 02:27:39.870 Community Hall: Called Brandley Drive, where is that? 1069 02:27:40.200 --> 02:27:43.799 Community Hall: Somebody probably hit an R when they shouldn't have. 1070 02:27:44.540 --> 02:27:59.240 Nicky Vu, Sr. Housing Coordinator: If the Planning Commission saw an item in this year, it's most likely it was submitted in 2024, and Table A is for applications submitted, so if it was entitled in 2025, it would probably appear in A2, but not in A4. 1071 02:27:59.340 --> 02:28:01.190 Nicky Vu, Sr. Housing Coordinator: Sorry, not non-A1. 1072 02:28:05.000 --> 02:28:07.230 Community Hall: Okay, thank you. Did we have any other questions? 1073 02:28:08.130 --> 02:28:15.420 Community Hall: Yeah, I have, I don't know if it's a… yeah, it's a comment, so I'll wait until after. 1074 02:28:15.570 --> 02:28:19.559 Community Hall: oral communications and all. Not oral, I mean, 1075 02:28:21.740 --> 02:28:41.580 Community Hall: Actually, this… yeah, I have one more question, and then we'll move to Rural Communications. So, on page 15 of Exhibit 1, it says there's a table, and it says for up to 25% of a jurisdiction's moderate income regional housing need, the planning agency may include 1076 02:28:42.170 --> 02:28:47.370 Community Hall: Basically, may convert to deed-restricted rental housing for moderate-income households. 1077 02:28:47.410 --> 02:29:03.839 Community Hall: And, you know, as you noted in the housing element 3.3.7, developers stated that the largest constraint impeding affordable housing development continues to be the lack of available funding. So, I was curious what the staff opinion is on conversion of existing 1078 02:29:03.840 --> 02:29:09.389 Community Hall: rental units to affordable, as something that the city pilots, rather than just 1079 02:29:09.610 --> 02:29:20.610 Community Hall: purely going for construction of new affordable units. City of San Jose recently had something similar with low-income housing vouchers, and it seems like these can count towards the RENA. 1080 02:29:22.220 --> 02:29:25.959 Nicky Vu, Sr. Housing Coordinator: Hi, sorry, is… am I showing up better now? I just switched to a headset. 1081 02:29:26.510 --> 02:29:27.770 Community Hall: This is better, thank you. 1082 02:29:27.770 --> 02:29:30.970 Nicky Vu, Sr. Housing Coordinator: Okay, so sorry about that. Can you ask your question one more time? 1083 02:29:32.240 --> 02:29:39.320 Community Hall: I was curious what the staff opinion is on conversion of 1084 02:29:39.740 --> 02:29:50.139 Community Hall: units in an existing multi-family building to deed- restricted rental housing for moderate-income households, as that is something that seems to be able to count towards RENA. 1085 02:29:51.710 --> 02:29:59.619 Nicky Vu, Sr. Housing Coordinator: So… for that to be feasible, right, we would need to find market rate developers that 1086 02:29:59.770 --> 02:30:01.579 Nicky Vu, Sr. Housing Coordinator: Want to deed restrict. 1087 02:30:01.970 --> 02:30:18.769 Nicky Vu, Sr. Housing Coordinator: their units, and typically that would come with, like, some sort of, like, fund or monetary contribution, right, to rehabilitate those units, and then we can make an ad agreement to restrict them for… to make them, you know, rent at affordable rates, right? But the kind of… 1088 02:30:18.890 --> 02:30:28.739 Nicky Vu, Sr. Housing Coordinator: issue that we're running into, I think, if… when we've seen that is, typically speaking, in the market rate, landlords are responsible for making repairs to their own units to keep them 1089 02:30:28.970 --> 02:30:33.590 Nicky Vu, Sr. Housing Coordinator: You know, up to code, right? And so that demand for that is not… 1090 02:30:33.590 --> 02:30:38.179 Community Hall: I'm sorry, can you say that last part again around market rate? It wasn't very clear. 1091 02:30:38.820 --> 02:30:54.499 Nicky Vu, Sr. Housing Coordinator: So, landlords in general, right, they're responsible for keeping their units up to code, right, and making the necessary repairs to keep them, you know, like, in good condition, right, so that they can rent them out to people. And so, when you want to do a deed restriction to make it moderate. 1092 02:30:54.500 --> 02:31:00.849 Nicky Vu, Sr. Housing Coordinator: Right? You're typically going to be de-restricting market rate to that, so you're going to need to find, essentially, a market rate developer 1093 02:31:01.260 --> 02:31:06.599 Nicky Vu, Sr. Housing Coordinator: Doesn't have their units up to code, and then offered to basically 1094 02:31:07.190 --> 02:31:24.139 Nicky Vu, Sr. Housing Coordinator: fund the rehabilitation for them, whereas right now, I think the policy has been for… to use code enforcement, right, to ask them to rehabilitate those units themselves, make it their responsibility. So I… that's probably why we haven't seen a lot of interest on that so far, but if that's something 1095 02:31:24.700 --> 02:31:27.579 Nicky Vu, Sr. Housing Coordinator: that the Planning Commission is interested in, we could study it further. 1096 02:31:29.180 --> 02:31:46.639 Community Hall: through the chair, should we continue this item till staff can be in the room? Because we can't understand or hear anything that's being said? I… what I made out from that was that, it would… at the moment, it would be something that the developer or the apartment owner would… would need to initiate, and there's no 1097 02:31:46.640 --> 02:31:58.399 Community Hall: program from the city, but if the Planning Commission was interested, it is something that could be studied. Is that correct? Through the Chair, that wasn't the question. The question is, should we continue till staff 1098 02:31:58.850 --> 02:32:07.869 Community Hall: joins us in the room, because this is not a quality hearing that we can have at this level of audio. It's unacceptable that staff is not in the room. 1099 02:32:08.830 --> 02:32:12.500 Community Hall: I, I'm… do I have support to continue this item? 1100 02:32:16.080 --> 02:32:27.809 Community Hall: So, I understand what you're saying, Commissioner, because I had difficulty too, but I was reading on the transcript that actually is pretty good to follow along, and I'm only suggesting that now because there is a deadline on April 1st. 1101 02:32:27.990 --> 02:32:30.290 Community Hall: To… to have this, 1102 02:32:30.480 --> 02:32:39.849 Community Hall: Yeah, we really need staff to be in the room. This is unacceptable that, you know, we show up here for these meetings one day before we're traveling, and staff are not in the room, the audio is not 1103 02:32:39.990 --> 02:32:41.500 Community Hall: That's just unacceptable. 1104 02:32:41.960 --> 02:32:47.000 Community Hall: I will, for the record, I will make a motion to continue this item. Do I have a second? 1105 02:32:48.180 --> 02:32:56.749 Community Hall: Yeah, before we continue, I want to ask Sister Dr. Connolly if it's scheduled for Council, because, like I said, I think there's an April 1st deadline. 1106 02:32:57.630 --> 02:33:00.150 Community Hall: We can schedule a special meeting if required. 1107 02:33:00.290 --> 02:33:07.259 Community Hall: But again, do I have a second? If I don't have a second, let the minutes reflect. No, I'll second it, because I think you're absolutely right. I mean… 1108 02:33:07.740 --> 02:33:25.459 Community Hall: You know, we're all here, but the staff is not here. You know, we get paid $50 a meeting, and we're here. So, this is just not, not right. Okay. I don't know how this is happening. Okay, we have a motion, and we have a second, should we vote? Can I actually just clarify, 1109 02:33:26.470 --> 02:33:32.790 Community Hall: Assistant Director, Is there… are you able to answer the questions that we are asking right now? 1110 02:33:33.520 --> 02:33:42.030 Community Hall: I just want to make sure that there isn't a way that we can, you know, continue this. If I followed your question, it seemed to be going along the lines, should the 1111 02:33:42.200 --> 02:33:53.549 Community Hall: could the city consider taking existing rental units and converting those to some type of deed-restricted affordable housing, rather than providing new units? 1112 02:33:53.980 --> 02:33:58.049 Community Hall: it's more of a housing policy question than… I mean. 1113 02:33:58.710 --> 02:34:03.150 Community Hall: The items before you tonight are… these are data entry items. 1114 02:34:03.260 --> 02:34:13.460 Community Hall: This is just… this is the housing that was approved, the housing that was built. I think that's a very good question. Based on my knowledge of it. It could be more cost-effective. 1115 02:34:13.790 --> 02:34:20.649 Community Hall: But there are probably a lot of things you need to look into in terms of doing that. Right now, the city doesn't have a program to do that, but… 1116 02:34:21.390 --> 02:34:29.119 Community Hall: Could it be a way to get more affordable units? I would say yes, because it's generally easier to take existing construction, it's more cost-effective. 1117 02:34:29.120 --> 02:34:47.190 Community Hall: than building new construction and trying to keep it affordable. Point of order, we have a motion on the table to continue. The discussion should be on the motion to continue forward. Well, the reason why I asked that was because I would be interested in knowing whether the Commission feels that their questions can be sufficiently answered by the staff that is present in the room. 1118 02:34:47.270 --> 02:34:49.609 Community Hall: So that we can complete this item. 1119 02:34:54.540 --> 02:34:56.360 Community Hall: If I may comment. 1120 02:34:56.600 --> 02:35:07.990 Community Hall: We're… I mean, if I understand it correctly, we're not trying to evaluate whether we are meeting arena numbers. We're here to receive a report. 1121 02:35:08.620 --> 02:35:21.399 Community Hall: Right, so having the staff available to answer questions on how we can meet our housing RENA numbers is… is kind of outside the scope, or… I don't know, 1122 02:35:22.120 --> 02:35:24.459 Community Hall: Michael, if you can comment on that. But… 1123 02:35:25.090 --> 02:35:29.160 Community Hall: That seems kind of outside the scope of what we're supposed to be voting on here. 1124 02:35:34.280 --> 02:35:37.119 Community Hall: The item is to… 1125 02:35:37.190 --> 02:35:53.759 Community Hall: identified the progress that we're making with respect to our housing element, and so the matter is scheduled… is set for… to receive the report. So, I mean, I do agree with Commissioner Linscogg that this… 1126 02:35:53.770 --> 02:36:07.499 Community Hall: this is a little bit outside of what we're asked to do here, but it's… it seemed that this tangentially related, which is why I allowed the question to be asked, but the answer to the question, it really is outside of the scope of what you're being asked to do. 1127 02:36:11.940 --> 02:36:27.779 Community Hall: Vice Chair and Commissioner Rao, do you feel like it would be satisfactory to just have whatever questions and comments that you have today heard by the staff that is present in the room? No, I do not agree that we are able to proceed, because I believe that 1128 02:36:28.380 --> 02:36:33.819 Community Hall: if… we are going to do a quality job on these items. We need to be able to 1129 02:36:33.990 --> 02:36:36.370 Community Hall: Have audible answers from staff. 1130 02:36:36.800 --> 02:36:42.129 Community Hall: If the assistant director would like to answer the questions, that's okay. However. 1131 02:36:43.310 --> 02:36:46.969 Community Hall: I… I believe the questions were under the purview of housing and not planning. 1132 02:36:47.090 --> 02:36:48.309 Community Hall: Maybe that was… 1133 02:36:48.860 --> 02:36:53.729 Community Hall: That was the reason we had the housing staff responding. I… I could not hear any answers. 1134 02:36:53.830 --> 02:37:00.429 Community Hall: And we do have another meeting, and the chair has the discretion to call a special meeting. I think we just need to… 1135 02:37:00.630 --> 02:37:04.209 Community Hall: Hold ourselves to a high bar on these hearings, otherwise we don't need the hearing. 1136 02:37:07.100 --> 02:37:09.700 Community Hall: And we do need to vote on the motion on the table. 1137 02:37:09.960 --> 02:37:16.899 Community Hall: Vice Chair, I just wanted to hear your thoughts on this as well, before we vote. Yeah, let's vote. I don't think it's gonna pass, but let's… 1138 02:37:18.890 --> 02:37:21.289 Community Hall: This is a motion to continue the item. 1139 02:37:34.230 --> 02:37:37.280 Community Hall: The motion carries, with Commissioner Litzkog voting no. 1140 02:37:42.580 --> 02:37:47.430 Community Hall: Okay, so, as we were unable to get, 1141 02:37:47.620 --> 02:37:57.579 Community Hall: answers from the assigned staff person on Agenda Item 3. We have voted to postpone it to the next meeting. Do we have any staff and commission reports? 1142 02:37:57.980 --> 02:37:59.000 Community Hall: Don't know if you mentioned that. 1143 02:38:00.340 --> 02:38:02.570 Community Hall: Any items for a future agenda setting? 1144 02:38:02.770 --> 02:38:05.749 Community Hall: Before we move on, can we ensure that 1145 02:38:05.860 --> 02:38:13.369 Community Hall: When we hear this again, that the staff is present in the room, Is that… Staff is present. 1146 02:38:13.780 --> 02:38:15.359 Community Hall: Okay, you know what I mean. 1147 02:38:15.730 --> 02:38:17.390 Community Hall: I do, that's why I answered. 1148 02:38:21.720 --> 02:38:24.109 Community Hall: Are we on future agenda sitting? Yes. 1149 02:38:24.530 --> 02:38:26.200 Community Hall: Okay, so… 1150 02:38:26.460 --> 02:38:31.969 Community Hall: I was going to ask for a future agenda item to form a subcommittee to look into the 1151 02:38:32.100 --> 02:38:35.080 Community Hall: Housing element sites that need to be 1152 02:38:35.260 --> 02:38:41.479 Community Hall: identified for the no net loss. I understand the staff are taking a proposal to get funding for a consultant. 1153 02:38:41.660 --> 02:38:44.579 Community Hall: This is a request for a future agenda item. 1154 02:38:44.860 --> 02:38:50.550 Community Hall: to form a subcommittee, that commission can bring forward its view on sites to be added. 1155 02:38:52.520 --> 02:38:59.369 Community Hall: I understand there's no discussion on future agenda items, this is just an addition to the future agenda item list, and then the discussion there. 1156 02:38:59.510 --> 02:39:00.660 Community Hall: to agendaise. 1157 02:39:02.650 --> 02:39:05.500 Community Hall: Yeah, it's within the discretion of the Commissioner to… 1158 02:39:06.800 --> 02:39:09.240 Community Hall: Seek a future agenda, but it would need a second. 1159 02:39:10.980 --> 02:39:12.319 Community Hall: Sure, I'll second it. 1160 02:39:17.240 --> 02:39:22.029 Community Hall: Great. Okay, excellent. Then we will adjourn the meeting. 1161 02:39:23.360 --> 02:39:26.100 Community Hall: Missing the gavel, but meeting is adjourned. 1162 02:39:27.480 --> 02:39:30.960 Community Hall: That's… it's just… I was gonna break that.