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CC 02-11-03Archives CUPE INO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10300 Torre Avenue, Council Chambers Tuesday February 11, 2003 5:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on m~y matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Adopt a resolution authorizing the City Manager to execute a Right of Entry Agreement between the City and Mr. Michael Gilley, 10440 Serra St., Resolution No. 03-020. STUDY SESSION Joint study session of City Council and Planning Commission to discuss the administrative draft of the General Plan ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance oJ the meeting. RESOLUTION NO. 03-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE A OF RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY AND MICHAEL GILLEY, 10450 SERRA STREET WHEREAS, there has been presented to the City Council a proposed right of entry agreement between the City of Cupertino and Michael Gilley, for access to property located at 10450 Serra Street; and WHEREAS, the provisions, terms, and conditions of the aforementioned agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFORE, BE IT RESOLVED THAT the City Manager is hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 11th day of Febrnary 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino HAMMOND WAY TRACT NO. 9054 OAK VALLEY - UNIT 1 ,,. oo~o ~,~ ,.. __.:~__~. .... ,,, .~3e ~ 1 .o~.g k- X ~ '  1' ~ 100' 2 ~o ,, 1~ .¢. ~ o.~ A~ ~, ~ ~ ~ '~ ' ~'  . -""'- I g~ ~ACT NO. 9075 ~ ~ OAK VAIIFY- UNIT 2 ~ co~°~ CLARA COUNTY OPEN SPACE ESMT. PCb D AUG 0 $ 2002 RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into this day of 200 .... by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY" and MICHAEL GILLEY, owner of unimproved property located at 10440 Serra Street, Cupertino, California 95014, hereinafter referred to as "OWNER." WHEREAS, OWNER has applied to the CITY to construct a Pool on property located at 10440 Serra Street, Cupertino; and WHEREAS, CITY has approved such application; and WHEREAS, CITY and OWNER agree that access to the Pool area from 10440 Serra Street frontage during construction may be hazardous to public health and safety; NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as follows: ACCESS. Access during Pool construction shall be allowed across CITY property at 10450 Serra Street. Time of access shall be limited to work hours Monday through Friday from 8:00 A.M. to 5:00 P.M. OWNER and CITY agree that access shall be "pass through" access only. No parking shall be allowed on CITY property. No storage of materials shall be allowed on CITY property. The city-owned access shall be adequately maintained by OWNER throughout the duration of the work. OWNER agrees that repair of damage to the access shall be presumed to be the responsibility of OWNER unless otherwise determined by CITY. TERM. This AGREEMENT shall remain in full force and effect for one year from the date of its execution, or until the project is completed as determined by a final building inspection by the CITY, whichever comes sooner. If, after one year, the project is not completed, and CITY and OWNER mutually agree that access via 10450 Serra Street continues to be necessary, this AGREEMENT may be renewed by written consent of the CITY. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this AGREEMENT, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the OWNER to perform any provision of this AGREEMENT. INDEMNIFICATION. OVv2qER hereby agrees to indemnify and hold harmless CITY, its officers, agents and employees from and against: a. Any and all damage to or destruction of the property of CITY occupied or used by or in the care, custody and control of OWNER, caused by any act or omission, negligent or otherwise, of OWNER or any subcontractor under this AGREEMENT, or any employee or agent of OWNER or of any subcontractor. b. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any person arising out of this AGREEMENT, excepting, however, any claims or demands arising out of the sole negligence or willful misconduct of CITY, its officers, agents or employees. c. Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any property damage suffered or sustained by any person arising out of this AGREEMENT, excepting, however, any claims or demands arising out of the sole negligence or willful misconduct of CITY, its officers, agents or employees. d. Any and all penalties imposed or damages sought on account of the of the violation of any law or regulation or of any term or condition of any permit by OWNER or his agents, employees or subcontractors. INSURANCE. OWNER agrees to obtain, and shall require any subcontractor engaged to perform work on the project to obtain, and maintain at all times during the term of this AGREEMENT, a policy of liability insurance naming the CITY as an insured. Said separate policy shall provide bodily injury and property damage coverage to the CITY on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of liability stated below. The insurance carrier rating shall be a Best's Guide rating of"A" Class VII or better. Each of said policies of insurance shall provide coverage in the following minimum amounts: For bodily injury, $1.0 million each per person; $2.0 million each occurrence, property damage, $1.0 million on account of any one occurrence with an aggregate limit of not less than $2.0 million. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work, limits shall be $1.0 million per occurrence. The insurer shall waive its rights of subrogation against the CITY, the CITY's officers, agents and employees and shall issue an endorsement to the policy evidencing same. OWNER shall file with the CITY prior to the time of execution of this AGREEMENT such evidence of said foregoing policy or policies of insurance. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the CITY at least thirty (30) days advance notice thereof. The CITY shall be shown as additionally insured on a separate Endorsement provided along with the evidence of said foregoing policy or policies of Insurance. Insurance shall stay in full force and effect for the duration of this agreement, and until released by the CITY. AGREEMENT BINDING. The terms, covenants, and conditions of this AGREEMENT shall apply to, and shall bind the heirs, successors, executors, administrators, assigns and subcontractors of OWNER. WAIVE___~R: The waiver by either party of any breach or violation of any term, covenant or condition of this AGREEMENT shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach or violation of the same term, covenant or condition. USES SUBORDINATE. This AGREEMENT is not a grant by CITY of any property interest. This AGREEMENT shall not create a vested right of any nature in OWNER to use the CITY access. This AGREEMENT is subject and subordinate to the prior and continuing right of CITY and its assigns to use any and all of the CITY access for any lawful use. It is further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title which may affect the CITY access. OWNER shall be solely responsible for obtaining all necessary permits and approvals from all public and private entities. NOTICES. All notices which shall or may be given pursuant to this AGREEMENT shall be in writing and transmitted through first class United States mail, or by private delivery systems, to the following address or such other addressor such other address of which a party may give written notice: City: City of Cupertino City Manager 10300 Torre Avenue Cupertino, Ca 95014 Owner: Michael Gilley 10440 Serra Street Cupertino, Ca 95014 ASSIGNMENT. This AGREEMENT shall not be assigned by OWNER without CITY's prior written consent, which shall not be unreasonably withheld, and any such attempted assigm,nent shall be void. OWNER shall give to CITY thirty (30) days' prior written notice of such transfer. The sale, lease or other transfer of interests by OWNER of the property to third parties in the normal course of business shall not be deemed an Assignment. ENTIRE AGREEMENT. This AGREEMENT contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the subject matter of this AGREEMENT that are not fully expressed herein. AMENDMENTS. This AGREEMENT may not be amended except pursuant to a written instrument signed by all parties. SEVERABILITY. If any one or more of the provisions of this AGREEMENT shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed separable from the remaining provisions of this AGREEMENT and shall in no way affect the validity of the remaining portions of this AGREEMENT. CONSTRUCTION OF AGREEMENT. This AGREEMENT shall be governed and construed by and in accordance with the laws of the State of California. In the event that suit is brought by a party to this AGREEMENT, the parties agree that trial of such action shall be vested exclusively in the state courts of California, County of Santa Clara. IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the date set forth above. CITY OF CUPERTINO OWNER City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF CUPE INO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 Community Development Department SUMMARY AGENDA NO. SS AGENDA DATE February 11, 2003 SUMMARY: Joint study session of City Council and Planning Commission to discuss the administrative draft of the General Plan RECOMMENDATION: Discuss the administrative draft General Plan. Resume the discussion at the March 4, 2003 study session. BACKGROUND: At its December 13, 2002 meeting, the City Council set two joint study session dates to discuss the administrative draft of the General Plan prior to its release for public hearings. The administrative draft is a "work in progress," which may be amended prior to public hearings to reflect any changes desired by the City Council. The public hearing draft and the Environmental Impact Report will be released in early April. The Planning Commission's public hearings are anticipated in May and June, with City Council hearings in July. DISCUSSION: General Plan Draft The enclosed Briefing Book provides background on the General Plan, and highlights the new or retained "Big Ideas" in the administrative draft of the General Plan. The status of existing General Plan policies is reported in Exhibit A, as to whether they were kept, modified or deleted in the proposed General Plan. Although the General Plan has undergone extensive formatting and updating changes, the proposed changes constitute a "tune-up" from a policy standpoint. As the Briefing Book states, most of the new "Big Ideas" can be viewed as improvements to the quality of life in Cupertino, such as providing more neighborhood planning, parks and trails and environmental protection. Printed on Recycled Paper 2 Also, many of the "Big Ideas" came from the May 2002 Community Congress or reflect City Council direction from review of new developments. One of the proposed substantive changes is to de-emphasize commercial and office/industrial growth potential and emphasize residential potential. Most of the existing General Plan's "big ideas" have been retained. General Plan Study Session The primary objective of the study session is: Develop the parameters for the Draft Plan to frame subsequent public discussion The Council and Commission will discuss whether the breadth of the draft encompasses likely outcomes of the eventual plan. The Council and Commission need not agree that the draft represents their final choice of policies, only that their final choice will likely fall within the draft parameters. In fact, final choices may not be made at this meeting since it not a noticed public hearing and environmental review has not taken place. The study session discussion will be facilitated by Carolyn Verheyen, a principal with Moore Iacofano Goltsman (MIG). The discussion will be based on identifying the main "drivers" of change in the proposed General Plan, and will follow this outline: Drivers: · Community Form o Does the plan frame the outside growth parameters? · Housing, Commercial, Office and Industrial potential development · Should the plan provide growth opportunities for major corporate headquarters? o Street Frame/Building Heights · Will the plan sufficiently frame both sides of the street (De Anza, Stevens Creek Boulevard)? · Are the building heights appropriate to the districts (3 vs. 4 vs. 5 or more stories)? o Should we focus our economic development at Vallco Park and City Center/Crossroads? o Externalizing Activities · Should activity be turned outward to create a better sense of community (e.g., Vallco Fashion Park, De Anza College and buildings on Stevens Creek and North De Anza Boulevards)? Housing Opportunities o Should jobs and housing be better balanced? o Should major office growth be contingent on providing housing using the 2 units per 1,000 square feet ratio? o Does the plan provide for a sufficient variety of housing types? o Should we focus on mixed-use developments to provide housing variety and more complete development projects? Share O the Road Are you willing to sacrifice some auto LOS in favor of non-auto (pedestrian and bicycle) LOS and comfort? Define your vision for walk-ablility. Does it include all creek channels, private developments and all streets (e.g., Stevens Canyon Road)? Sustainable Community o It's not easy being "green"...are "Green Buildings" and land use practices worth the price? o Are we willing to aggressively pursue other areas of sustainability, such as recycling and storm water run-off management? o Does acquisition or dedication of parklands in Rancho Rinconada, Vallco and Homestead areas, reuse of Blackberry Farm and preservation of school playing fields adequately describe the park acquisition program? As shown in the Discussion Agenda (Exhibit B), discussion may cover only Community Form and Housing Opportunities at this meeting. Enclosures: Please bring Administrative Draft General Plan sent previously Briefing Book Exhibit A: Status of Existing General Plan Policies Exhibit B: Discussion Agenda Preparej~by: Ciddy Wordell, City Planner Sub,~'~ed ~/// Approved by: Steve Piasecki David W. Knapp Director of Community Development City Manager g/planning/pdreport/cc/study session February 11 CITY OF CUPERTINO GENERAL PLAN BRIEFING FEBRUARY BOOK 2003 Table Of Contents Section I Section 2 Section 3 What's Happening with the General Plan What is the General Plan What has happened so far What is happening now What happens next How to stay involved Vision for Cupertino Implementing the Vision Land Use Housing Circulation Environmental Resources/Sustainability Health and Safety List of Exhibits Exhibit 1 - General Plan Meetings and Dates CITY OF CUPERTINO DRAFT GENERAL PLAN Section I What's Happening with the General Plan WHAT IS THE GENERAL PLAN The General Plan is Cupertino's blueprint for change, providing the City's fundamental goals and policies for governing many aspects of the City. It provides a vision of the City's future by integrating the aspirations of residents, businesses and officials into a comprehensive strategy for guiding future development and managing change. The State sets the agenda for General Plans as far as scope and required information. For example, the General Plan is required to be a collection of seven elements or subject categories, such as land use, housing and circulation. WHAT HAS HAPPENED SO FAR The City Council authorized the scope of the work for the General Plan review in 2001. Since then, scores of'community, commission and council meetings have been held. A list of meetings is found in Exhibit 1, at the end of the briefing book. WHAT'S HAPPENING NOW Cupertino is preparing for the public hearing process for proposed changes to the General Plan. Prior to the public hearings, th~ administrative draft is being reviewed by the City Council, Planning Commission and other City commissions to determine if any changes should be made prior to publishing the Draft General Plan. This briefing book summarizes the major changes from the existing General Plan. The City Council and Planning Commission are holding two study sessions to consider the administrative draft: February 11 and March 4, 2003, from 5:00 - 8:00 P.M. at City Hall. WHY CHANGES ARE PROPOSED TO THE GENERAL PLAN The State's General Plan guidelines state that the General Plan should be reviewed regularly so that it is up to date. The existing General Plan was adopted in 1993, so it has been 10 years since it was reviewed comprehensively. CITY OF CUPERTINO DRAFT GENERAL PLAN 5 WHATS HAPPENING WITH THE GENERAL PLAN The theme of the revised General Plan is "Building Community." All General Plan policies should serve that concept. The proposed General Plan's new and retained "big ideas" are described in this Briefing Book. Most of the new ''big ideas" can be viewed as improvements to the quality of life in Cupertino, such as providing more neighborhood planning, parks and trails and environmental protection. One of the proposed changes is to de-emphasize commercial and office/industrial growth potential and emphasize residential potential. Most of the existing General Plan's "big ideas" have been retained. WHAT HAPPENS NEXT Following the City Council/Planning Commission study sessions, the Draft General Plan and Environmental Impact Report will be released and public hearings will be scheduled before the Planning Commission and City Council. Meeting dates will be published on the Cupertino web site (www.cupertino.org). Documents will be available for purchase or review at the Planning Department and for review at the library. HOW TO STAY INVOLVED Community participation is important in planning the City's future. General Plan notices will be published in the newspaper prior to public hearings, and will be posted on the web page. A mailing list is also maintained by the Planning Department. Any interested person may address the Planning Commission and City Council in writing prior to the public hearings or by speaking at the public hearings. Contact the Planning Department at (408) 777-3308 or planning@cupertino.org for further information. 6 CITY OF CUPERTINO DRAFT GENERAL PLAN Section 2 Community Vision upen no aspires to be a balanced community with accessible hillsides and creeks, quiet, attractive residential neighborhoods, exemplary parks and schools and a vibrant, mixed-use "Heart of the City." The City will be safe, friendly, connected, walk-able and inclusive for all residents, with ample places and opportunities for people to interact and recreate. BUILDING COMMUNITY The underlying purpose of the General Plan is to build a great community that serves the needs of its residents, maximizes the sense of connection between neighborhoods and enhances Cupertino as a great place to live, work and play. The Guiding Principles, goals, policies and implementation strategies are all aimed at achieving this objective. CITY OF CUPERTINO DRAFT GENERAL PLAN 7 COMMUNITY VISION GUIDING PRINCIPLES The General Plan is based on twelve guiding principles that will build a complete and integrated community in which to live, work, learn or play. The policy structure of the General Plan elements directly supports and implements these principles: 1. Neighborhoods. Neighborhoods must be .~ safe and attractive and "full-service," with convenient access to parks, schools, trails, bicycle paths and nearby shopping facilities. They should have identifiable edges and centers anchored by open space located on park sites or schools. 2. Health and Safety. Great communities are ~ healthy, safe and secure for people and property. Safety measures include conventional police, fire, paramedic and health services; disaster planning, safe buildings and site design with eyes and ears oriented to the public streets, neighborhood watch programs, protection from natural hazards including earthquakes and landslides and an ample supply of safe, well-designed parks, open space, trails and pathways. 8 CITY OF CUPERTINO DRAFT GENERAL PLAN 3. Connectivity. Connecting people and neighborhoods is a major challenge facing cities interested in enhancing the sense of community. Safe trails, paths and sidewalks, and streets with traffic calming measures weave the community together and enhance neighborhood pride and identity. 4. Mobility. The ability to move about safely and efficiently must include a variety of travel modes to accommodate all of the city's residents, so a child is able to walk or bike safely to school, a senior citizen can access bus lines and a commuter can rely on the regional highway, bikeway and transit system to get to work. Streets, pedestrian paths and bike paths should comprise an integrated system of fully connected and interesting routes to all destinations. Bus stop at Vallco Fashion Park COMMUNITY VISION 5. Balanced Community. Great communities are ~ multi-dimensional places where people of all income and age groups reside, with a full range of land uses including local shopping, education, employment, entertainment and recreational options. They offer residents a full range of housing choices to accommodate changing housing needs of a demographically diverse population and include housing, jobs and daily needs that are within easy walking distance. 6. Vibrant, mixed-use businesses and "Heart of ~ the City.' Great communities have a well- defined edge and a geographical center that the community is drawn into. Commercial districts must be vibrant, attractive, friendly and comfortable with inviting pedestrian spaces and personal services that meet the daily needs of residents with "people- activated" spaces including coffee shops, bookstores, restaurants and movie theaters, and personal services such as laundries and hair salons. 7. Attractive Community Design. Cupertino i prides itself on maintaining attractively designed buildings, landscapes, and o The Oaks Shopping Center beautiful streets and parks that enhance and complement the overall community fabric. Buildings should frame the street and landscaping should be designed to offer relaxing, intimate pedestrian spaces. Diversity. Cupertino embraces and celebrates its diversity and seeks to offer a range of programs that meet the needs of the full spectrum of demographic and age diversity in Cupertino. The city will enhance equal opportunities for all of its residents, despite age, cultural or physical differences. Education and Technology. The educational system in Cupertino has an international reputation for high achievement and excellence. Quality facilities and programs that enhance learning (schools, libraries, book CITY OF CUPERTINO DRAFT GENERAL PLAN 9 COMMUNITY VISION Cupertino Village Shopping Center stores, internet infrastructure) are essential to maintaining and enhancing the community fabric and identity. Cupertino seeks to enhance the cultural activities with a new library and community hall. 10. Environment and Sustainability. Cupertino seeks to enhance or restore creeks and hillsides to their natural state, limit urban uses to existing urban areas, prioritize sustainable concepts encouraging environmental protection, recycling, conserving resources and minimizing waste while preserving the natural terrain, drainage and vegetation. Il. Fiscal Self Reliance. Cupertino City ~ government will strive to be fiscally self-reliant to ensure the continued ability to deliver 10 CITY OF CUPERTINO DRAFT GENERAL PLAN essential high-quality municipal facilities and services to its residents. 12. Responsive Government and Regional ~Leadership. The city is committed to development of community leadership, local partnerships an active populace and making government more accessible and visible to residents. Section 3 Implementing The Vision LAND USE New Big Ideas POLICY 2-2 POLICY 2-53 POLICY 2-63 POLICY 2-68 POLICY 2-70 POLICY 4-3 4~ Community Connections Promoting community connections is a new emphasis in the land use element, and is carried over into the circulation element. Connections between different land uses are achieved through mixed-use development, bicycle and pedestrian paths between neighborhoods and public paths within new developments. POLICY 2-5 POLICY 2-21 POLICY 2-22 POLICY 4-7 Neighborhood Planning Planning for distinct neighborhoods is proposed. Existing distinct neighborhoods - Monta Vista, Oak Valley, Fairgrove - are recognized. Identification and planning for additional unique neighborhoods is The City puts up a sign for the Fairgrove Eichler neighborhood called for, including determining if special street widths, sidewalk requirements or light fixtures are desirable for any neighborhoods. Revised Development Allocation ~The physical form of the City results largely from the development and ~.design regulations established in the General Plan. Development potential is established in the General Plan. Development is allocated to Special Centers, as shown in Figure 1, except for the neighborhood residential development allocations that occur citywide. Figure 2 shows the maximum proposed building heights. Table 1 shows the existing development distribution and compares the development potential of the current General Plan with that of the proposed General Plan. Development in the proposed General Plan is allocated to specific special centers. Allocations are flexible and may be redistributed from one geographical area to another if necessary. CITY OF CUPERTINO DRAFT GENERAL PLAN 11 POUCY2-20 IMPLEMENTING THE VISION Ii FIGURE 1 - COMMUNITY FORM TABLE 1 - DEVELOPMENT POTENTIAL 1990 2000 Existing Proposed Built Built General Plan General Plan Commercial Area (Sq.Ft.) 3,359,000 3,317,426 4,431,000 4,174,136 Office/Industrial Area (Sq.Ft:). 7,457,000 8,325,312 9,428,000 9,320,005 Hotel Rooms 277 411 1,027 1,578 Residential Units 17,460 20,032 22,369 24,647 12 CITY OF CUPERTINO DRAFT GENERAL PLAN IMPLEMENTING THE VISION Maximum Building Heights Norms FIGURE 2 - MAXIMUM BUILDING HEIGHTS CITY OF CUPERTINO DRAFT GENERAL PLAN 13 IMPLEMENTING THE VISION Commercial development: Commercial square footage decreased by approximately 42,000 square feet between 1990 and 2000, as shown on the previous table. Several large and a number of small commercial demolitions occurred, which were not offset by new commercial development. The proposed General Plan commercial buildout is less than the current General Plan allows. This is due to the unrealized potential for commercial development and the interest in allocating more development potential to residential rather than non-residential development. Office development: Office development increased by approximately 758,000 square feet between 1990 and 2000, with the largest developments being Hewlett-Packard and Symantec (now Portal). Office potential is slightly decreased in the proposed General Plan. Hotel development: Hotel development increased by 134 rooms between 1990 14 CITY OF CUPERTINO DRAFT GENERAL PLAN and 2000 with the addition of the Hilton Garden Inn. The Cypress Hotel is counted in the proposed General Plan buildout figure of 1,578 rooms, because it was not built in 2000. Many of the remaining hotel rooms are committed to the Vallco area, through the Vallco Development Agreement. The number of allowed hotel rooms appears to have increased from the existing General Plan, but only because the Vallco committed rooms were not counted in the existing General Plan buildout. Residential development: An increase of 2,278 housing units is proposed above the existing General Plan buildout. All of that increase will occur in the Special Centers (e.g., Vallco, Homestead, and North De Anza Boulevard). The maximum proposed density is 35 dwelling units per gross acre, except for the Homestead Center, which is 50 units per gross acre, as previously approved in the existing General Plan. The residential buildout in the neighborhoods will not increase. IMPLEMENTING THE VISION POLICY 2-19 lobs/Housing Balance Improving Cupertino's jobs/housing balance has been addressed by providing significant incentives for mixed-use development. The proposed base floor area ratios are 0.15 in all non- residential planning areas, so property owners will need to receive allocations for additional square footage and may choose to include housing as part of a mixed-use development. The jobs/housing balance also is enhanced by requiring major new or redeveloped office/industrial projects to include housing at a ratio of two dwelling units for every 1,000 square feet. (This is based on an estimate of 3 employees per 1,000 square feet and 1.5 employees per household, resulting in 3 employees needing 2 housing units.) The jobs/housing balance of the proposed General Plan is 1.8 jobs for every household. Pedestrian-friendly Crossroads Area The Crossroads Area Streetscape Plan, which is undergoing separate consideration, is linked to the General Plan policies that enable and support the Streetscape Plan. The Plan envisions a unique streetscape and shopping district on Stevens Creek Boulevard between De Anza Boulevard and Stelling Road, with retail buildings along wide sidewalks and residential uses above or at the rear of the property. The maximum height allowed is increased from 45 to 55 along Stevens Creek Boulevard to allow for pitched roofs. The height adjacent to residential areas is 30 feet. ~ Vallco Area Street Orientation, Pedestrian Linkages Vallco Fashion Park is proposed to be integrated into its surroundings by relating development to the street and providing connections to adjacent office/industrial uses. Hotels, housing and entertainment activities are highly POLICY 2-3 POLICY 2-27 POLICY 2-28 POLICY 2-30 CITY OF CUPERTINO DRAFT GENERAL PLAN 15 IMPLEMENTING THE VISION POLICY 2-31 POLICY 2-62 encouraged. The mall has a development agreement, which expires in 2006, that allows an additional 535,000 square feet of commercial/office space. New office development east of Wolfe Road must be associated with two housing units for every 1,000 square feet of office space. Office square footage available to Vallco Park is approximately 227,000 square feet north of 1-280 and 384,000 square feet south of 1-280. Homestead Road Mixed-Use Area Any additional commercial development in this area would trigger a plan to include residential uses in the proposal. High density residential potential was already approved in the Villa Serra area. Public Art Requirement As a result of a recommendation from the Fine Arts Commission, a 1% set aside of a project budget for on-site public art is proposed. An ordinance would be adopted to implement this policy. Revised Park Acquisition Strategy The acquisition strategy is to require park dedication when development is proposed in park deficient areas. These are the Rancho Rinconada, Vallco and Homestead/Stelling areas. Blackberry Farm will transition to serve more Cupertino residents, and school playing fields will be preserved for recreational uses. Blackberry Farm Future Uses Currently Blackberry Farm is not counted toward park acreage, since it does not primarily serve the community as a recreational resource. The future use of Blackberry Farm is proposed for study through the Blackberry Farm Master Plan process. This will include discussion of the restaurant/bar use at the golf course. POLICY 2-76 POLICY 2-77 POLICY 2-64 16 CITY OF CUPERTINO DRAFT GENERAL PLAN IMPLEMENTING THE VISION POLICY 2-84 POLICY 2-9 Public and Quasi Public Uses The existing General Plan requires a General Plan amendment if a public or quasi-public activity is proposed in a zoning district not zoned for these uses. This is an inefficient process, especially for quasi-public uses like small churches and daycare centers. A policy is proposed that allows public and quasi- public activities in commercial and office land use categories with zoning and use permit review based on two criteria: 1. The proposed project must have similar building forms, population, traffic, noise, and infrastructure impacts as the existing land use categories. 2. It must maintain a commercial interface in commercial designations. Retained Big Ideas Long Term Growth Boundary_ The long-term growth boundary contains Cupertino development within Attractive Building and Site Design the existing urban service area. The only changes in boundaries that are anticipated are through annexations of unincorporated islands and by defining more logical boundaries with adjacent cities. Attractive Buildings, Sites and Streetscapes (retained with increased emphasis) Attractive design is encouraged, including articulation of wall and roof planes, pedestrian-scaled building details, high quality architecture and POLICY 2-14 CITY OF CUPERTINO DRAFT GENERAL PLAN 17 IMPLEMENTING THE VISION POLICY2-38 THROUGH POUCY2-43 POLICY 2-44 THROUGH POLICY 2-49 materials, and the relationship to the neighborhood for residential development. Economic Development (retained with increased emphasis) Economic development policies convey Cupertino's interest in being responsive to local businesses and to seek opportunities for interaction with them. Office uses that generate revenues to the City, such as local sales offices, are encouraged. Apple Computer, Hewlett Packard and Vallco Fashion Park will have potential for additional development, for example. Hillside Protection Policies to protect the hillsides are retained, including limiting development on ridgelines, hazardous geological areas and steep slopes. Clustering development in major hillside subdivisions (in the 5-20 slope density designation) is required. Historic and Cultural Resources Archaeologically sensitive areas and heritage trees are protected. Public art is promoted. Neighborhood Parks The neighborhood park program is maintained and enhanced with policies regarding retention of school sites as recreational resources. The ratio of 3 acres of park per 1,000 population is retained. The proposed General Plan provides for more than enough parkland at this ratio, if all types of parks are counted. Trails (retained with increased emphasis) Trail connections are emphasized in the proposed plan. The Cupertino Pedestrian Transportation Plan is referenced for implementation. POLICY 2-58 THROUGH POLICY 2-62 POLICY 2-69 POLICY 2-76 POLICY 2-78 POLICY 2-68 18 CITY OF CUPERTINO DRAFT GENERAL PLAN IMPLEMENTING THE VISION POLICY 3-1 HOUSING New Big Ideas ~ Additional Housing Units to Improve lobs/housing Ratio ~ltl The existing housing element was adopted in October 2001, to comply with ABAG's estimated new construction need of 2,325 units between 2001 and 2006. The proposed General Plan allows for 2,278 units above the ABAG units, for a total of 24,647 units at buildout. All of the additional units are located in the Planning Districts as shown in Figure 3 on the following page. Neighborhood residential growth is not increased over that allowed by the existing General Plan. Incentives for construction of residential development are described in the jobs/housing balance section above. Mixed-use development and requiring a residential component in new office development are envisioned as the means to achieve the additional residential growth. The maximum density allowed is 35 dwelling units per gross acre, which is no more than three stories, except for the Homestead area, which was previously approved for a maximum of 50 units per gross acre and up to four-story building heights. Retained Big Ideas Adequate Sites to Meet ABAG Estimated New Construction Need The ABAG requirement for 2,325 units between 2002-2006 is retained, as mentioned previously. Housing Mitigation Plan New office and industrial developments pay an affordable housing fee, and residential projects of 10 or more units are required to have 15% Below Market Rate units. POUCY 3-1 POLICY 3-2 Cupertino Community Services CITY OF CUPERTINO DRAFT GENERAL PLAN 19 IMPLEMENTING THE VISION Housing Allocation FIGURE 3 - HOUSING ALLOCATION 20 CITY OF CUPERTINO DRAFT GENERAL PLAN Affordable Housing Fund The City's Affordable Housing Fund provides financial assistance to affordable housing developments in Cupertino. Density Bonus Program The Density Bonus Program provides a density bonus and additional concessions for developments of 6 or more units that provide affordable housing for families and seniors. Housing Rehabilitation Program This program provides financial assistance to eligible very low and low- income homeowners to rehabilitate their housing units. POLICY 3-2 POLICY 3-5 POLICY3.5 IMPLEMENTING THE VISION POLICY 4-3 POLICY 4-12 CIRCULATION New Big Ideas Increased Emphasis on Pedestrians and ~ Bicyclists Implementation of the Pedestrian and Bicycle Plans is called for. Pedestrians should be given ample time to cross streets at signaled intersections. To enhance walking, reduction of through traffic lanes on streets with four or more lanes should be considered. Different road improvement standards will be designed to suit the areas or neighborhoods served. For example, rural and semi-rural road improvement standards would typically not have sidewalks. Urban standards may include wide sidewalks and on-street parking. Traffic calming Traffic is discouraged from using local neighborhood streets by employing traffic calming measures. Traffic management plans will be developed for neighborhoods affected by unacceptable levels of through traffic. Retained Big Ideas Participation in Regional Transportation Planning and Public Transit Cupertino will continue to participate in the Congestion Management Plan. Regional planning includes continued support for bus and rapid transit service. Rapid transit is shown along Stevens Creek and De Anza Boulevards, although implementation is not programmed or funded. Encouraging Alternatives to the Automobile Carpooling, Transportation Systems Management programs and telecommuting are promoted as alternatives to the automobile. POLICY 4-1 POLICY 4-2 CITY OF CUPERTINO DRAFT GENERAL PLAN 21 IMPLEMENTING THE VISION FIGURE 4 - INTERSECTION LEVELS OF SERVICE 22 CITY OF CUPERTINO DRAFT GENERAL PLAN Maintaining Level of Service (LOS) D except for E+ at Three Intersections to Accommodate Crossroads/Heart of the Ci.ty (retained but modified to accommodate pedestrians) This traffic level of service is retained as the standard in the proposed General Plan. LOS D is described as "approaching unstable flow, high congestion (tolerable delay).' Traffic modeling for existing 2000 traffic and traffic for the proposed General Plan shows that none of the existing or future intersections are projected to be less than LOS D- as shown In Figure 4. POLICY 4-5 IMPLEMENTING THE VISION POLICY 5-1 POLICY 5-2 POLICY 5-3 ENVIRONMENTAL RESOURCES/ SUSTAINABILITY New Big Ideas Sustainability Promoting sustainability is a significant, new policy direction for the General Plan. Sustainability incorporates Smart Growth principles advocated by the Association of Bay Area Governments (ABAG) and many Bay area cities in their plans. Sustainability is based on the perception of the community as a holistic system, where people are inescapably related to the community's natural resources and other environmental conditions. Sustainable planning integrates and balances environmental decisions with economic considerations and recognizes the symbiotic relationship between the natural environment, the community and the economy. Policies require or encourage the use of alternative energy sources, such as solar energy, use of sustainable construction materials, energy efficient buildings, fuel-efficient vehicles and staff and public training and education. Retained Big Ideas Support For Minimizing Air Ouah .ty Impacts (retained and modified to prohibit use of wood-burning fireplaces in new construction.) This may include the provision that wood-burning fireplaces certified by the Environmental Protection Agency are allowed. Protection Of Natural Areas Sensitive areas are protected. Clustering development away from sensitive areas, such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines is encouraged. Protection of Water Resources (retained with increased emphasis) In recent years water management emphasis has shifted away from supply side efforts such as the creation of dams and reservoirs to water conserving and efficiency technologies, used in planning, design and construction of sites, buildings and land uses. The proposed General Plan emphasizes controlling urban storm runoff through CITY OF CUPERTINO DRAFT GENERAL PLAN 23 POLICY 5-4 POLICY 5-5 POLICY 5-8 THROUGH POLICY 5-14 POLICY 5-19 THROUGH POLICY 5-37 IMPLEMENTING THE VISION POLICY 5-38 THROUGH POLICY 5-44 the reduction of impervious surfaces and detaining storm runoff on the site of new development. Retaining and restoring natural watercourses is also called for. Reduction of Solid Waste Stream (retained with increased emphasis) Greater emphasis is placed on recycling in the proposed General Plan, including reuse of building materials. 24 CITY OF CUPERTINO DRAFT GENERAL PLAN IMPLEMENTING THE VISION POLICY 6-1 HEALTH AND SAFETY Retained Big Ideas ~ Seismic,/geological Review of Development Proposals (retained and modified with a simpler hazard zone system) Designations of Cupertino's seismic and geologic hazards have been simplified. The type of FIGURE 5 - SEISMIC AND GEO HAZARDS CITY OF CUPERTINO DRAFT GENERAL PLAN 25 IMPLEMENTING THE VISION POLICY6-3 THROUGH POUCY6-21 POLICY6-34 THROUGH POUCY6-40 review required, such as a soils or geological reports, depends on the type of development and hazard zone location. The new designations are shown in Figure 5. Fire Protection Measures Fire protection measures, such as early project review by the fire department, are included in the General Plan. Disaster Planning (retained with increased emphasis) The City's disaster plan is described more thoroughly in the proposed General Plan. Those people or agencies responsible for participating, and how they will be trained, are described. Flood Protection Construction in the flood plain is regulated to ensure that structures and the natural flood plains are protected from flood damage. Protection from Noise Impacts Noise impact analysis indicates a slight increase in noise levels in 2020. Noise protection policies include review of noise impacts on new development and minimizing traffic noise impacts on neighborhoods. POLICY 6-41 THROUGH POLICY 6-47 26 CITY OF CUPERTINO DRAFT GENERAL PLAN Exhibits EXHIBIT 1 General Plan Meetings and Dates City Council Scope of Work for General Plan Review - 02/02/01 Urban design session with City Council and Planning Commission - 04/30/01 Visioning session with City Council - 06/22/01 Visioning session with City Council and Planning Commission - 07/09/01 Community General Plan Update meeting - 07/17/01 Economic Development Committee briefing - 08 / 15/01 PC Housing Element Study Session - 08/27/01 PC Business Interests briefing - 10/02/01 Adopted Housing Element - 10/15/01 Bicycle and Pedestrian Committee meeting - 11/15/01 Planning Commission Study Session on the amendment process and the major General Plan themes - 11/26/01 Fine Arts Commission- 11/27/01 Land Use Element study sessions with Planning Commission - 12/10/01, 01/14/02, 02/11/02 Circulation Element/Transportation Element Study Session with City Council and Planning Commission - 01/28/02 Environmental Resources Element Study Session with Planning Commission - 02/25/02 PC Preferred Development Alternatives Study Session with Planning Commission - 04/28/02 PC Community Congress - 05/03/02 Valley Transportation Authority with the City Council and Planning Commission - 08/19/02 CITY OF CUPERTINO DRAFT GENERAL PLAN 27 LAND USE ELEMENT POLICY (Summary) Administrative Draft General Plan Policy 2-1: Diversity of Land Use Provide adequate land area for employment, Keep. Slightly modify. housing, shopping, entertainment, cultural activities, health care, personal services, recreation and open space. Encourage mixed-use development of commercial/office and housing. Policy 2-2: Heart of the City Coordinate the efforts of private property owners on Modify. or near Stevens Creek Boulevard to plan and create a Heart of the City will be a community focal point that expresses the character Special Planning Area with of Cupertino through a diversity of uses, serving sub-areas (Crossroads, City City residents and scaled for pedestrians. Center) Policy 2-3: Development Reallocation Development activity should be controlled so that Modify. the City street system is not overwhelmed with A new development allocation traffic and the desired transportation level of service system is proposed. is maintained. To meet the City's goals and Transportation level of service priorities, the remaining uncommitted development will not be the driving force; potential that achieves the City's transportation LOS goals will be balanced goals should be reallocated as shown below. Further with other City goals. adjustments to these allocations may be necessary to ensure that the City's transportation goals are met. Policy 2-4: Land Use Intensity Regulation by FAR (Policies 2-4 to 2-12 relate to Monta Vista) Regulate land use intensity for properties described Modify. Monta Vista is in Figure 2-C by a .33 Floor Area Ratio for industrial allocated a base FAR of .15 for and office activities. Development intensity for other non-residential uses. non-residential use areas requires a development allocation. Policy 2-5: Commercial Blight and Noise Intrusion Work to ensure that blight and noise from Modify. The idea is retained commercial and industrial uses do not intrude upon and reworded in a different residential neighborhoods. Policy 2-6: Interconnected Access, Shared Parking of Individual Properties Ensure that individual properties developed independently of surrounding sites have interconnected pedestrian and vehicle access and shared parking. Policy 2-7: Housing Units Removed Under Eminent Domain Require that housing units removed under eminent domain proceedings be replaced on a one-for-one basis within the same geographical area and that the people who were displaced can afford the units. Policy 2-8: Architectural Barriers Eliminate architectural barriers to pedestrian mobility. Policy 2-9: Residential Street Improvements Maintain a semi-rural appearance with residential street improvements. policy. Delete. Unlikely that housing units would be removed by eminent domain. Delete. Not unique to Monta Vista. Keep. Is consistent with the Monta Policy 2-10: Neighborhood Landscaping Vista Design Guidelines. Preserve existing neighborhood landscaping features during redevelopment. Emphasize on-site parking instead of street frontage parking. Policy 2-11: Mixed-Use Development Allow mixed-use development within the area bounded by Granada Avenue, Stevens Creek Blvd., Orange Avenue and the SP right of way to rely on public parking on Pasadena and Imperial avenues to meet the off-street parking needs for the commercial part of the project. Delete. Keep. Policy 2-12: Storefront Appearances Require commercial and office structures to exhibit a Keep. traditional storefront appearance to the public street. Require buildings intended initially for office use to be designed to accommodate future entrances from the sidewalk for retail shops. Do not permit the building to be separated from the public sidewalk by extensive landscaping or changes in elevation. Policy 2-13: Full Range of Housing Opportunities (The Housing Section of the Land Use Element will be directed more toward neighborhood planning. The Housing Element will contain the policies on housing units.) Provide for a full range of ownership and rental Delete from Land Use Element. housing unit densities, including apartments Housing elementimplements and other high-density housing, this policy (3-1, 3-2). Policy 2-14: Housing with Other Development Consider housing along with non-residential Keep in concept. The mixed- development, permitting it in addition to the non- use concept is reinforced in residential development, many policies. Policy 2-15: Scale of Residential Development Ensure that the scale and density of new Keep inconcept. residential development and remodeling is Neighborhood protectionis reasonably compatible with the City's addressed in many policies. predominant single-family residential pattern, except in areas designated for higher density housing. Policy 2-16: Compatibility of Lot Sizes Ensure that zoning requests related to lot size Keep. consider the need to preserve neighborhood land use patterns. Policy 2-17: Housing Variation in the Urban Core Delete. Encourage variations from the regulations of the zoning district for properties in the urban core area in housing type and increased density, making sure that the development is consistent with the visual character of surrounding buildings. Policy 2-18: Privacy in Site Design Ensure that the site design for a residential project has private indoor and outdoor spaces for each unit and common outdoor recreation space. Policy 2-19: Neighborhood Protection Protect residential neighborhoods from noise, traffic, light and visually intrusive effects from more intense developments with adequate buffering setbacks, landscaping, walls, activity limitations, site design and other appropriate measures. Policy 2-20: Minimizing Privacy Intrusion Keep the sights and sounds of the neighbors from intruding on residents. Techniques can include greater building setbacks, wing walls, window shutters and non-transparent glass. Modify. Refer to higher density projects and only outdoor space. Keep. Modify. Included in a broader policy on design regulations. Policy 2-21: Designing for Security Delete. Use design techniques in new development and rehabilitation to increase security and personal safety and to increase neighborhood awareness. Policy 2-22: Monitoring for Over-Saturation Continue to monitor development activity, fiscal effects and development rates to avoid short-term over-saturation of the market. Delete. Development allocation system controls development activity. Policy 2-23: Conference Facilities The City may enter into a relationship with a hotel/ Delete. conference facilities developer to encourage such a Hasn't been identified as a center, current interest. Policy 2-24: Urban Focal Points Intensify the focus of urban development in Vallco Keep. Slightly modify. Park, North De Anza Boulevard, Town Center, and Stevens Creek Boulevard planning areas, subject to design and transportation network controls. Policy 2-25: On-Site Environments Emphasize attractive, on-site environments during Keep. the development review process by giving careful attention to building scale and mass, landscaping, placement, screening of equipment and loading areas and related design considerations. Policy 2-26: Public Open Space Development Encourage development of residential and public Delete. open spaces on lands next to major streets to give a balanced variety of land uses, to increase the housing supply and to break current or potential strip development patterns. Policy 2-27: Community Gateways Review properties next to community entry points Keep. (Is a strategy.) when they are developed or redeveloped to reflect the gateway concept. Policy 2-28: Curb Cuts Minimize the number of driveway openings, or curb Keep. cuts, in each development. Policy 2-29: Street Improvement Planning Plan street improvements such as curb cuts, Keep. Move to Circulation sidewalks, bus stop turnouts, bus shelters, light Element. poles, benches and trash containers as an integral part of a project to ensure safe movement of people and vehicles with the least possible disruption to the streetscape. Policy 2-30: Parking Area Layout Include clearly defined spaces for pedestrians in Keep. Move to Circulation parking lots so that foot traffic is separated from the Element. hazards of car traffic and people are directed from their cars to building entries. Policy 2-31: Boulevard Landscaping Setback Require properties fronting North De Anza Keep. Boulevard to provide a landscaped front setback of 50 feet from the face of the curb, excluding parking lots. Policy 2-32: Roadway Design to Offset Barriers Encourage using design techniques and Modify. The Circulation development controls to offset the divisive barrier Element has several policies effects of major roadways, related to this concept. Policy 2-33: Neighborhood Gateways Define neighborhood entries through architecture, Modify. Generalize the fence landscaping, or land forms appropriate to the formal exception findings. Move to or rural character of the neighborhood. Vehicular neighborhoods section. electronic security gates should be discouraged, because they isolate developments. However, if electronic security gates are proposed, a fence exception application is required, and approval shall be based on meeting at least one of the following criteria, and the fence exception findings: · Is a mixed-use development, where the parking for different uses needs to be separate to assure availability of parking for each use. · Includes a below-grade parking structure where the gates are required to secure the below-grade parking. · Requires gates to obtain federal or state funding. · The development is secluded. · The electronic gates are needed for demonstrated security reasons. Policy 2-34: Neighborhood Traffic Pattern Investigation Investigate neighborhood traffic patterns Keep. Move to Circulation comprehensively and find solutions to protect Element. neighborhood streets from through-traffic spillover. Policy 2-35: Foothill Development Apply a slope-density formula to very low-intensity Modify. Since many of the residential development in the hillsides. Density hillside policies have been shall be calculated based on the foothill modified, implemented, they are foothill modified 1/2 acre, and the 5-20 acre slope consolidated into fewer density formulae. Actual lot sizes and development policies. areas will be determined through zoning ordinances, clustering and identification of significant natural features. Policy 2-36: Special Hillside Protection Area The 5-20 acre slope density designation shall provide Modify. Is consolidated into special hillside protection to form a continuous open fewer policies. space/very low density buffer west of the existing urban/suburban development pattern. The area shall include the Kaiser property, the Diocese property, Regnart Canyon area, Inspiration Heights area and other similar properties. Policy 2-37: Previously Designated Very Low Density: Semi-Rural 5-Acre Properties previously designated Very Low-Density Residential: Semi-Rural 5-Acre Slope Density Formula as described in the amendment to the 1976 General Plan concerning the land use element for the hillside area may be subdivided utilizing that formula. Properties previously subdivided in conformance with the Very Low-Density Residential: Semi-Rural 5-Acre Slope Density Formula have no further subdivision potential for residential purposes. Policy 2-38: Rezoning in Inspiration Heights Rezone the shaded area shown in Figure 2-E from RI-10 to RHS. Delete. Policy 2-39: Existing legal lots in foothill modified and foothill modified 1/2-acre slope density designations. Existing, vacant legal lots are not considered buildable in the foothill modified and foothill modified 1/2-acre slope density designations if they are substandard in lot size. They are also considered unbuildable if development is proposed on slopes greater than 30%, or on any other areas where studies have determined the presence of health and safety problems; this also applies to lots in any R-1 zoning district in the City. An exception process will be created for an applicant to seek discretionary approval for an unbuildable parcel. Policy 2-40: Diocese Property Protection Modify. Is consolidated into fewer policies. Apply all hillside protection policies to the Diocese Property, and specifically protect the prominent knoll on the northeast side of the property and the steep, wooded southwest corner of the property. Policy 2-41 Urban Service Area Boundary/Long Term Growth Boundary The current urban service area boundary is Delete. coterminous with the long term growth boundary. The intent of this policy is to limit future development to lands within the existing urban service area. The current urban service area shall not be expanded, except for minor revisions in the boundary between Cupertino and adjacent cities, and involving only urbanized, valley floor locations. The long term growth boundary provides services within the boundary for the next 20-30 years. Policy 2-42: Clustering Development in Major Subdivisions Lots in major subdivisions in the 5-20 acre slope density designation shall be clustered, reserving 90% of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the open space area contiguous as much as possible. Policy 2-43: Private Open Space Zoning Establish a private open space zoning district which would allow an owner to designate portions of his property for open space with provisions for trail easements, maintenance standards and other items consistent with preserving the property in its natural state while retaining it in private ownership. Policy 2-44: Clustering Development in Minor Subdivisions Encourage clustering of development for minor subdivisions in the 5-20 acre slope density designation. Encourage reserving and dedicating 90% of the land in private open space to protect the unique characteristics of the hillsides from adverse environmental impacts. The project shall keep the open space contiguous as much as possible. Policy 2-45: Hillside Building Standards Establish stricter building and development Delete. The private open space zoning district was established. Modify. Is consolidated into standards for the hillside area which, among other things, would provide that views of the ridgelines remain unobstructed and that designs, colors and materials for homes and other structures blend with the natural hillside environment. Policy 2-46: Ridgeline Visibility No structures shall be located on ridgelines if visible from new and established valley floor vantage points unless it is determined that significantly greater environmental impacts would occur if structures are located elsewhere. Policy 2-47: Location of Structures Locate proposed structures to minimize the impacts on adjacent hillside properties and public open space. Policy 2-48: Avoidance of Geologic Hazards Identify geological hazards on sites proposed for development and avoid or limit development in those areas. Policy 2-49: Reducing Visible Mass Effective visible mass shall be reduced through such means as stepping structures down the hillside, following the natural contours, and limiting the height and mass of the wall plan facing the valley floor. Policy 2-50: Outdoor Lighting Outdoor lighting should be low intensity and shielded to minimize illumination off-site. fewer policies.. Modify. Is consolidated into fewer policies. Keep. Modify. Is consolidated into fewer policies. Modify. Is consolidated into fewer policies. Modify. Is consolidated into fewer policies. Policy 2-51: Building Heights Provide development standards which limit the Modify. Is consolidated into height and visual impact of structures, fewer policies. 10 Policy 2-52: Steep Slopes No structures or improvements shall occur on slopes Keep. greater than 30% unless an exception is granted. Policy 2-53: Rural Improvement Standards in the Foothills Keep. Require rural improvement standards in the residential hillside zoning ordinance and the hillside subdivision regulations to preserve the rural character of the hillside. Policy 2-54: Views for Public Facilities Keep. Design and lay out public facilities, particularly public open spaces, so they include views of the foothills or other nearby natural features, and plan hillside developments to minimize visual and other impacts on adjacent public open space. Policy 2-55: Hillside Development Proposal Analysis Subject proposals for hillside development to prior investigation by professional consultants so that environmental dangers can be noted and solutions suggested to lessen potential hazards. Policy 2-56: Land Disturbance During Development Be sure that natural land forms and significant plants and trees are disturbed as little as possible during development. All cut and fill shall be rounded to natural contours and planted with natural landscaping. Delete. Geological review is called for in the Heath and Safety Element. Keep. Policy 2-57: Santa Clara County General Plan Hillsides policies found in the Santa Clara County Keep. General Plan in effect in 1992 are included in the Cupertino General Plan by reference and are 11 applicable to the unincorporated hillside area. These policies are incorporated because they are consistent with hillside protection goals. If changes are proposed in the County plan which are inconsistent with the City's hillside protection goals, then the City should protest those changes as well as not incorporate them into the City's General Plan. Policy 2-58: County Development County development, particularly if located near Keep. Cupertino's urban fringe area, should consider Cupertino's General Plan. Policy 2-59: Long Term Growth Boundary Keep. Slightly modify. Modification to the long term growth boundary is allowed only in conjunction with a comprehensive review of the city's General Plan. Revisions to the long term growth boundary will be referred to the County of Santa Clara for review and comment. Policy 2-60: Existing Uses in the Flood Plain Allow commercial and recreational uses which are Keep. Move to Health and now exclusively within the flood plain to remain in Safety. their present use or to be used for agriculture. Policy 2-61: Non-Recreational Property to Residential Delete. Designate non-recreational properties to become residential with up to five units allowed under these conditions: Forbid structures designed for forced human habitation, such as dwelling units, in the natural flood plain. The natural flood plain is defined by the General Plan based on data from the Santa Clara Valley Water District. Unfenced volleyball courts, picnic tables and similar recreational uses may be constructed within the natural flood plain. 12 Base the maximum number of dwelling units allowed on each property or group of properties on the numerical designation range on the General Plan Map. Land in the flood plain can be credited in an amount not to exceed one dwelling unit per gross acre to determine the number of dwelling units on each property or group of properties consolidated into one development plan. If part of the parcel is outside the flood plain, the maximum density will be six dwelling units for each gross acre. This policy makes it impossible for a relatively small parcel to get a high density status as a result of one dwelling unit per acre density credit from a relatively large area within the flood plain. The total number of units allowed will be based on the ability of the applicant and designer to integrate the development into the natural environment of Stevens Creek and the adjacent residential neighborhoods. Require residential development plans to incorporate the Stevens Creek trail described in the public parks section of the General Plan. Policy 2-62: Land In Natural Flood Plain Allow public and quasi-public land in the natural flood plain after review of a specific zoning or use permit application. Policy 2-63: Solar Access and Protection Ensure that all homes have an acceptable balance of access to the sun and protection from it, as well as control of prevailing winds. Policy 2-64: Planning for Schools Recognize the financial impact of increased development on the school districts' ability to provide staff and facilities. Work with the districts to assure that the continued high level of school services can be provided prior to granting approval Delete. Keep. Is a strategy in Environmental Resources Element. Keep. 13 for new development. Policy 2-65: Busing Access to the Hillsides. If busing continues, encourage district staff to become more involved in hillside roadway design to meet the minimum standards required for busing access. Policy 2-66: Pedestrian Access Create pedestrian access between new subdivisions and school sites. Policy 2-67: Permit Data for Schools Continue to provide school districts with building permit data, which will enable the Districts to record the type of construction, location and their square footage to plan for future schooling needs. Policy 2-68: De Anza College Allow land uses not traditionally considered part of a college, such as lodging or conference facilities and institutional office and research facilities, to be built at De Anza College. Final determination of the intensity, character and ultimate desirability will be evaluated with regard to the effects on traffic and the consistency with the college's educational nature. Policy: 2-69: Library Service Level Recognize that if the community desires a higher level of library service, that this would require cooperation between the County of Santa Clara and City of Cupertino in expanding library services and facilities if deemed necessary. Policy 2-70: Library Planning Integrate and coordinate the library system into all applicable General Plan policies, such as transportation, pedestrian and bike trails. Delete. Keep. Delete. Schools are informed of city development through general plan amendments, subdivisions and school fees collected for new development. Modify. Encourage commercial and residential use and relating buildings to the street. Keep. The new library is acknowledged. Keep. 14 Policy 2-71: Improving Library Service Encourage the library to incorporate new technology to improve service levels at the library system. Encourage the adjustment of library collections and programs to meet the needs of Cupertino residents, businesses and ethnic populations. Policy 2-72: Library Expansion Actively seek methods to increase library facilities. Delete. Policy 2-73: Landmark Rehabilitation Keep. Undertake an active partnership with private owners of landmark structures to rehabilitate the buildings for public or semi-private occupancy and retain their historic character. Policy 2-74: Archaeologically Sensitive Areas For development sites in areas likely to be archaeologically sensitive, such as along stream courses and in oak groves, the City development review process should require a specific investigation to determine if significant archaeological resources may be affected by the project, and should also require appropriate mitigation measures in the project design. Policy 2-75: Native American Burials Recognize that Native American burials may be uncovered in unexpected locations and that State law prescribes the appropriate actions to take upon discovery of such burials during construction, including stoppage of work in surrounding area, notification of appropriate authorities and reburial of remains in an appropriate manner. Policy 2-76: Heritage Trees Keep. 15 Protect and maintain heritage trees in a healthy state. A heritage tree list shall be established and periodically revised to include trees of importance to the community. Keep. Base boundaries between land use classifications generally upon lot lines of established land use activities, public streets, and constructed or natural physical barriers or a combination of any of these. Show the precise boundary on the zoning map. Policy 2-77: Public Arts Stimulate opportunities for the arts through Keep. A strategy is proposed a cooperative relations between local business and the 1% public art set aside for new City development. Policy 2-78: Boundaries Between Land Uses Keep. Policy 2-79: Residential Density Ranges on the Map Recognize that residential density ranges on the General Plan Map and its legend show the desired development intensity for a general area. Also recognize that the actual gross dwelling unit density may be slightly different if the properties reflect the general develoPment character of neighboring properties. Policy 2-80: Public and Quasi-Public Activities and Land Allow public and quasi-public activities to be located within any land use designation in the General Plan upon zoning review approval to ensure compatibility with the surrounding neighborhood and the street and utility system capacity. Allow residential land uses in areas designated for quasi- public uses with appropriate zoning changes. Already deleted. Proposed General Plan includes a modification of this policy. 16 Policy 2-81: Closed School Site Use Keep. Slightly modify. Designate all public school sites for public use provided that schools that are closed may be used for quasi-public or institutional activities or both, or for housing. The dwelling unit intensity and development pattern shall reflect the character of the surrounding residential districts. The future of unused school sites shall also reflect the park acquisition program in the Environmental Resources Element. Policy 2-82: New Drive-Up Services Keep. Slightly modify. Permit new drive-up service facilities for commercial, industrial or institutional use only when adequate circulation, parking, noise control, architecture features, and landscaping are compatible with the visual character of the surrounding uses and residential areas are adequately buffered. Further evaluate any .proposed site for conformance with other goals and policies of the Plan. Policy 2-83: Late-Evening Entertainment Activities Discourage late-evening entertainment activities such as cocktail lounges, recreational facilities and theaters in the relatively narrow depth of Stevens Creek Boulevard properties, but encourage them in Town Center, Vallco Park and other large properties that are isolated from residential districts and can provide internal security. Keep. Slightly modify. G:\ Plarming\ GenPlan\LandUse\ Land Use Matrix 2.doc 17 Housing Element All of the Housing Element policies are the same as the existing General Plan, since it was just adopted in October 2001. The only proposed change is to add housing units (Policy 3-1). G: \ Planning \ GenPlan \ Housing \ Housing Policy Matrix 2.doc Circulation POLICY (Summary) Policy 4-1: City Participation in Regional Transportation Participate actively in developing regional approaches to meeting the transportation needs of residents of the Santa Clara Valley. Policy 4-2: Traffic Capacity and Land Use Limitations Maintain a reasonable minimum LOS D for major intersections during the a.m. and p.m. peak traffic hours (highest single hours) by imposing reasonable limits on land use to ensure that principal thoroughfares are not unduly impacted by locally generated traffic during the peak traffic hour. In order to accommodate development which furthers a unique community-gathering place on Stevens Creek Boulevard, the intersection of Stevens Creek and De Anza boulevards and De Anza Boulevard and Bollinger Road may maintain a LOS E+ (No more than 45 seconds weighted delay). For land use and transportation planning purposes, the traffic peak hour should not be allowed to expand into the peak period. Staggering of work hours beyond current levels is not acceptable as a transportation demand management (TDM) techrdque. The TDM technique must benefit both the peak hour traffic and the average daily traffic volume. Policy 4-3: Coordination of Street Improvements Develop the street construction plan ensuring critical street improvements are finished before or at the same time as major developments. The plan should be based on the principle of equity, ensuring that land developers help pay for street improvements. Administrative Draft General Plan Keep. Slightly modify. Delete. Policy 4-4: Driveway Interconnection Discourage direct access from adjoining properties to Keep. Slightly modify. major arterial streets. Require access by interconnecting private driveway networks linking side streets or other major entrance points unless this is unsafe or impractical because of the established development pattern. Policy 4-5: Protection From Effects of Transportation System Work to protect the community from noise, fumes and hazards caused by the City's transportation system. Policy 4-6: Neighborhood Traffic Management Develop traffic management plans for neighborhoods affected by unacceptable levels of through traffic. Design these plans based on the concept that commute or through traffic should be redirected from local residential streets and minor collectors to the freeway, expressway and arterial and major collector streets. Policy 4-7: Abusive Driving Continue to study and carry out techniques that discourage abusive driving on local neighborhood streets, including intensified enforcement of speed laws, enforcement of State muffler laws and review of traffic management strategies. Policy 4-8: Reliance on Usage of Private Cars Promote a general decrease in reliance on private cars by accommodating and encouraging attractive alternatives. Policy 4-9: Regional Trail Development Continue to plan and provide for a comprehensive system of trails and pathways consistent with regional systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail. The general alignment of the Bay Trail, as shown in the Association of Bay Area Governments' Bay Trail planning document, is incorporated in the General Plan by reference. G:\ Planning\ GenPlan~ Circulation\ Transportation Matrix2.do~ Keep. Keep. Slightly modify. Delete. Is addressed through traffic calming policies. Modify. See Land Use Element. Keep. Environmental Resources POLICY (Summary) Administrative Draft General Plan Policy 5-1: Williamson Act Properties Delete. Designate properties under the Williamson Act contracts in the General Plan for their anticipated developed use to plan for future public service and utility demands and to ensure that development will be consistent with community character. Policy 5-2: Agricultural Recognition Delete. Recognize and support agricultural land uses, which provide food and fiber, enhance air quality and visually and functionally define rural/open areas from urban land uses during public land use and urban development review processes. Policy 5-3: Farming and Grazing Maintain farming and grazing on the hillsides to )reserve open space and monitor to prevent erosion Policy 5-4: Air Pollution Effects Continue to assess air pollution effects of future land use and circulation planning. Review projects for toxic air contaminants at time of approval Policy 5-5: Dust Control Continue to require the use of water or oil to control dust during construction activities Policy 5-6: Clean Air Education Initiate a citywide public education program regarding the implications of the Clean Air Act and provide information on ways to control emissions Policy 5-7: Regional Cooperation Actively pursue cooperation among regional agencies to improve air quality Delete. Keep. Slightly modify. Keep. Slightly modify. Modify. Ban new wood burning fireplaces. Keep. (Is a strategy.) Policy 5-8: Land Use Decisions Ensure that local land use decisions support the goal Keep. (Is a strategy.) of clean air Policy 5-9: Home Occupations Keep. (Is a strategy.) Continue to allow home occupations in all residentially zoned properties Policy 5-10: Street Trees Increase street trees on public property and tree planting on private property Policy 5-11: Fuel-Efficient Vehicles Keep. (Is a strategy.) Look into buying more fuel-efficient vehicles for City Keep. (Is a strategy.) use. Policy 5-12: Jogging and Bicycling Warnings Delete. Use the Cupertino Scene and other publications to tell residents about the danger of inhaling pollutants while jogging and bicycling near busy streets. Expand the par course and jogging trails to meet demand. Policy 5-13: Public Project Landscaping Keep. Encourage public and quasi-public agencies to landscape their city area projects near native vegetation with appropriate native plants Policy 5-14: Development Near Sensitive Areas Encourage the clustering of new development away from sensitive areas such as riparian corridors, wildlife habitat and corridors, public open space preserves and ridgelines Consider specific protection tools for riparian corridor protection, such as a riparian corridor ordinance or development and preservation guidelines Policy 5-15: Landscaping Near Natural Vegetation Emphasize drought tolerant native plants and Keep. ground covers when landscaping properties near natural vegetation, particularly for control of erosion from disturbance to natural terrain Policy 5-16: Natural Area Protection Minimize lawn area and maximize the number of Keep. (Is a strategy.) native trees Amend the RIdS ordinance to emphasize drought tolerant native plants and native trees and to ~dnimize lawn area Policy 5-17: Hillside Property Fencing Keep. Confine fencing on hillside property to the area around a building, rather than around an entire site, to allow for migration of wild animals Policy 5-18: Recreation in Natural Areas Limit recreation in natural areas to activities compatible with preserving natural vegetation, such as hiking, horseback riding and camping Policy 5-19: Public Access Provide public access to wildlife observation and fishing sites consistent with preserving important wildlife habitat Policy 5-20: Recreation and Wildlife Trails Provide open space linkages within and between properties for both recreational and wildlife activities, most specifically for the benefit of wildlife which is threatened, endangered or designated as species of special concern Policy 5-21: Mineral Resource Areas New mineral extraction areas may be considered within Cupertino's sphere of influence, but the cumulative impact of existing and proposed activity should not exceed present operations in terms of noise and traffic. Work with Santa Clara County to assure that mining operations outside the City limits are consistent with the City's General Plan, that restoration plans are adequate, and that mining Keep. Delete. activity is not extended into undisturbed lands without adequate documentation of economic purpose and environmental impacts and mitigations. Policy 5-22: Mineral Extraction Controls Control scenic restoration and noise pollution as well as air and water pollution in mineral extraction quarrying, processing and transportation Policy 5-23: Incompatible Land Use Conserve mineral resource areas outside the City by not allowing incompatible land uses in and around identified mineral resource areas. Uses considered incompatible are high density residential, low density residential with high unit value, public facilities and industrial and commercial uses with intensive impacts Policy 5-24: Recreation at Old Quarries Look into the desirability of designating abandoned quarries for passive recreation to rehabilitate the land Policy 5-25: Ground Water Recharge Sites Continue to support the Santa Clara Valley Water District to find and develop groundwater recharge sites within Cupertino's planning area and provide for public recreation at the site where possible Keep. Encourage the research of other water sources, including water reclamation Keep. Keep. Keep. Policy 5- 26: Other Water Sources Keep. Policy 5-27: Industrial Water Recycling Encourage industrial projects, especially at the building permit approval stage, to have long-term conservation measures including recycling equipment for manufacturing and pooling water supplies in the plant. Work with the Cupertino Sanitary District to carry out this policy Policy 5-28: Natural Creek Beds Retain creek beds, riparian corridors, water courses and associated vegetation in their natural state to protect wildlife habitat and recreation potential and Keep. Keep. Slightly modify. assist groundwater percolation Policy 5- 29: Interagency Coordination Actively pursue interagency coordination for regional water supply problem solving Policy 5- 30: Reglin Water Annexation Recognize that additional capacity requirements placed on Reglin Mutual Water Company would require that one of the adjoining utility companies tonex and service users in the next decade (through rear 2001). Policy 5- 31: Local Conservation Policies Similar to Regionwide Policies Continue to keep citywide efforts of water conservation similar to those being conducted on a regional scale. Many of these conservation efforts are outlined in the Santa Clara Valley Water District Drought Plan and Countywide Water Use Reduction program Policy 5- 32: Public Information Effort Continue providing the public information regarding the status of the drought and water conservation techniques. Consider sending regular notices to households and businesses on water prohibitions, water allocations and conservation tips. Continue to air conservation videotapes on the City's government channel. Continue to provide water conservation kits to the community upon request Policy 5-33: Prohibit Excessive Water Use Prohibit excessive water uses throughout the City, such as irrigation of existing landscaping during the daylight, and require large water users to perform water audits. These and other policies shall be enforced until such time as an official declaration has been made by Santa Clara Valley Water District that the drought conditions no longer exist Policy 5- 34: Water Conservation Program Undertake programs for long-term water conservation at City buildings including installation Delete. Delete. Modify. Modify. Keep. (Is a strategy.) of Iow flow toilets and installation of automatic shut off valves in sinks of park buildings Policy 5-35: Nonpoint Source Pollution Continue to support and participate in the Santa Clara Valley Nonpoint SOurce Pollution Control Program in order to cooperatively reduce nonpoint source pollution with other cities that discharge storm waters into San Francisco Bay. Policy 5-36: Storm Water Runoff Encourage the reduction of impervious surface areas and investigate opportunities to retain or detain storm runoff on new development Policy 5-37: Development on Septic Systems Do not permit urban development to occur in areas not served by a sanitary sewer system, except the )reviously approved Regnart Canyon Development Policy 5-38: Public Information Continue to act as a liaison between PG&E and the community in providing energy efficiency information Policy 5-39: Stevens Creek Park The Santa Clara County Parks program should pursue the goal of connecting upper and lower Stevens Creek Parks. The County parks budget should pursue acquisition to the extent possible, and emphasize passive park development in keeping with the pristine nature of the hillsides Policy 5-40: Stevens Creek Reservoir Work to keep the watershed and storage basin properties of Stevens Creek Reservoir in public ownership if the Santa Clara Valley Water District decides to abandon it Policy 5-41: Continuous Open Space Actively pursue inter-agency cooperation in buying properties near the western planning area boundary to complete a continuous open space green belt Keep. Slightly modify. Keep. Keep. Delete. Keep. (Park and Open Space volicies are located in Land Use Element.) Modify. Modify. along the lower foothills, with a special focus on purchase of the Diocese property Policy 542: Open Space and Trail Linkages Work to provide the open space lands and trail linkages described in Figures 5-D,E,F. Policy 5-43: Private Open Space and Recreational Facilities Encourage the continued existence and profitability of private open space and recreation facilities through incentive and development controls Policy 544: Public Use of Private Open Space Seek cooperation from private land owners for public use of private open space Policy 5-45: Park Acreage Provide park land equal to a minimum of three acres for each 1,000 residents Policy 546: Park Walking Distance Ensure that each household is within a half mile walk of the park and that the route is reasonably free of physical barriers, including streets with heavy traffic Policy 547: Park Minimum Acreage Plan parks to be at least 3.5 acres for flexibility of use. The acquisition and development of parks less than 3.5 acres may be considered according to the following priorities: High Priority - Designated neighborhoods which have no park or recreation areas. Moderate Priority - Designated neighborhoods which have school grounds and no park land. Low Priority - Designated neighborhoods which have park or recreation areas less than three acres per 1,000 residents. Keep. Slightly modify. Keep. Keep. Policy 5-48: Park Design Design parks informally to make use flexible and long-term maintenance costs low Policy 549: Park Street Access Ensure that parks are bounded by public streets. When possible, re-evaluate parks that meet minimum size requirements to see if it is feasible to install a perimeter road. Policy 5-50: Neighborhood N New residential development in Neighborhood N should provide a public neighborhood park based upon the City's park dedication ordinance. Subsequently, the boundaries of neighborhoods N and E1 should be redrawn to reflect the additional park site Policy 5-51: Neighborhoods J-l, J-2, K Make the final determination regarding a neighborhood park site after the completion of Cupertino Union School District's Sedgwick School .master plan Policy 5-52: Park and Open Space Acquisition Program The City's park acquisition is defined by Table 5-B. The Acquisition Program is based upon three broad acquisition objectives: 1. Complete the Parks Acquisition Program. 2. Maintain an adequate inventory of sports fields. 3. Retain creek site and other natural open space areas identified in the Open Space section of the General Plan Policy 5-53: New Residential Development in Non-residential Areas New residential development in non-residential areas shall provide park and recreational space and facilities. The need for dedication of public park land and the provision of private recreational space Keep. Slightly modify. Keep. Slightly modify. Delete. Delete. The need for park acreage in this area is shown in Table 2-C. See Table 2-C. Keep. 8 and facilities shall be determined when a master plan is submitted for the development, based on the following criteria: Policy 5-54: Recreational Facilities The City of Cupertino recognizes the public benefit derived from a recreational gymnasium and swimming pool and should such a facility be developed, the City shall pursue all possible partnerships, including school districts, non-profit organizations and the corporate community, as a means of funding and operating the facilities. Modify. G:~Planning~GenPlan~Env. Resources. Noise~Environmental Matrix 2.doc Health and Safety Element POLICY (Summary) Administrative Draft General Plan Policy 6-1: Seismic/Geologic Review Process Adopt and use a formal seismic/geologic review Keep. Slightly modify. process to evaluate new development proposals all over the City. Policy 6-2: Public Education on Seismic Safety Continue the public education program to help Keep. residents reduce earthquake hazards. Policy 6-3: County Fire Hazard Reduction Encourage the county to put into effect the fire Keep. reduction policies in the County Public Safety Element. Policy 6-4: Fuel Management to Reduce Fire Hazard Encourage the Midpeninsula Open Space District Keep. and the County Parks Department to continue efforts in fuel management to reduce fire hazard Policy 6-5: Green Fire Breaks Encourage the Midpeninsula Open Space District to Keep. Slightly modify. consider "green" fire break uses for open space lands. This could include commercial timber harvesting. Policy 6-6: Residential Fire Sprinklers Continue to require fire sprinklers in new residential Keep. construction located in hillside areas and on flag lots. Policy 6-7: Hillside Access Routes Require new hillside development to have Keep. frequent grade breaks in access routes to ensure a timely response of fire personnel. Policy 6-8: Hillside Road Upgrades Require new hillside development to upgrade existing access roads to meet Fire Code and City standards. Involve the Central Fire Protection District in the early design stage of all projects requiring public review to assure fire department input and plan modifications as needed.- Policy 6-9: Early Project Review Keep. Policy 6-10: Growth Cooperation Encourage cooperation between water utility companies and the Central Fire District in order to keep water systems in pace with growth and firefighting service needs. Policy 6-11: Fire Fighting Upgrade Needs Encourage utilities to consider Central Fire District's firefighting needs when upgrading water systems. Policy 6-12: Roadway Design Attempt to involve the Central Fire District in the design of public roadways for review and comment. Attempt to ensure that roadways have frequent median breaks for timely access to properties. Policy 6-13: Fire Prevention Continue to promote fire prevention through city-initiated, punic education programs either through the government television channel and/or the Cupertino Scene. Policy 6-14: .Multi-Story Building Fire Risks Recognize that multi-story buildings of any land use type increases risks of fire. Ensure that adequate fire protection is built into the design and require on-site fire suppression materials and equipment to ensure safety of the community. Keep. Keep. Keep. Keep. Policy 6-15: Residential Fire Sprinkler Ordinance Consider adopting a residential fire sprinkler Keep. ordinance. This will reduce both fire flows and the need for firefighting personnel and equipment. Policy 6-16: Commercial and Industrial Fire Protection Guidelines Coordinate with the Fire District to develop new Keep. guidelines for fire protection for commercial and industrial land uses. Policy 6-17: Private Residential Entry Gates Discourage the use of private residential entry gates Keep. which act as a barrier to emergency service personnel. Policy 6-18: Dead-End Street Access Allow public use of private roadways during an Keep. emergency for hillside subdivisions that have dead- end public streets longer than 1,000 feet or find a secondary means of access Policy 6-19: Smoke Detectors Continue to require smoke detectors in new residential Keep. construction and continue to support fire protection agencies' education of homeowners on installation of smoke detectors. Use the Cupertino Scene to publicize fire hazards and correction methods. Policy 6-20: No New Construction in Flood Plains Adopt stringent land use and building code Modify. requirements to prevent new construction in already urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator. For example, the finished floors of new construction must be higher than the water level projected for the 100-year flood. A description of flood zone regulations and a map of potential flood hazard areas will be published in the Cupertino Scene. Policy 6-21: Prohibit Dwellings in Natural Flood Plain Continue the policy of prohibiting all forms of Delete. habitable development in natural flood plains. This includes prohibiting fill materials and obstructions that may increase flood potential downstream or modify natural streamsides. Policy 6-22: Restrict Hillside Grading Continue to restrict the extent and timing of hillside Keep. grading operations to April through October. Require performance bonds during the remaining time to guarantee the repair of any erosion damage. All graded slopes must be planted as soon as practical after grading is complete Policy 6-23: Evaluate City Water-Storage Facilities Program necessary funds to evaluate the structural Modify. integrity of municipal water-storage facilities, including distribution line connections and any necessary repairs. Possible flood speeds and flooded areas should be included. The study consultant will confer with the City's geological consultant to determine the geology and the maximum expected ground shaking intensities of the tank site. Policy 6-24: Land Use Decision Evaluation Use Figures 6-K, 6-L, 6-M and the City Municipal Delete. Code to evaluate land use decisions. Policy 6-25: Freeway Design and Neighborhood Noise Ensure that roads along the West Valley Keep. Slightly modify. Transportation Corridor are designed and improved in a way that minimizes neighborhood noise. Policy 6-26: Support Stricter State Noise Laws Continue to support enactment of stricter state laws Keep. on noise emissions from new motor vehicles and enforce existing street laws on noise emissions. Policy 6-27: Neighborhood Need Priority Continue to review the needs of residents for Keep. convenience and safety and make them a priority over the convenient movement of commute or through traffic where practical. Policy 6-28: Solutions to Street Abuse Keep. Continue to evaluate solutions to discourage through traffic in neighborhoods through modified street design. Examples include meandering streets, diverters, landscape islands, street closures and wide parking strips. Policy 6-29: Noise Improvement by Restricting Trucks Continue to work toward improving the noise environment along Foothill Boulevard and Stevens Creek Boulevard by restricting quarry truck traffic especially during late evening and early morning hours. It is preferable that the restrictions be voluntary. Encourage alternative to truck transport, specifically rail, when feasible. Policy 6-30: Reduction of Noise from Kaiser Permanente Trucks Work to carry out noise mitigation measures listed in the Edward L. Pack and Associates report (County of Santa Clara) to diminish noise from Kaiser Permanente truck traffic for homes near Foothill and Stevens Creek Boulevards. Keep. Slightly modify. Delete. Policy 6-31: Commercial Delivery Areas Keep. Be sure new commercial or industrial developments plan their delivery areas so they are away from existing or planned homes. Policy 6-32: Limit Delivery Hours Continue active enforcement of Section 10.45 of the Municipal Code limiting commercial and industrial delivery hours adjoining residential uses. Policy 6-33: Noise Control Techniques Continue to require analysis and implementation of techniques to control the effects of noise from industrial equipment and processes for projects near homes. Policy 6-34: Restrict Hours of Construction Work Continue to restrict non-emergency building Keep. construction work near homes during evening, early morning, and weekends. Policy 6-35: Comprehensive Noise Ordinance Development Develop a comprehensive noise ordinance that gives Delete. time restrictions on commercial and industrial deliveries, and establishes procedures for regulating noisy animals. Policy 6-36: Noise Wall Requirements Exercise discretion in requiring noise walls to be sure Keep. that all other measures of noise control have been explored and that the noise wall blends with the neighborhood. Policy 6-37: Neighborhood Awareness Programs Keep. Continue to support the Neighborhood Awareness Program and others intended to help neighborhoods ~revent crime through social interaction. Policy 6-38: Public Perimeter Roads for Parks Encircle neighborhood parks with a public road to 9rovide visual accessibility whenever possible. Policy 6-39: Crime Prevention in Building Design Consider the relationship between building design and crime prevention in reviewing all developments. Develop criteria with help from the Sheriff's Office to determine the degree to which crime prevention standards should override esthetic concerns. Policy 6-40: Fiscal Impacts Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land use mixes. Keep. Policy 6-41: Pre-hearing Review Continue to request County Sheriff review and Keep. comment on development applications for security measures. Policy 6- 42: Emergency Service Training Program Continue to train employees annually in disaster preparedness, first-aid and CPR. Policy 6-43: Ham Radio Operators Continue to support the training and cooperation between the city and ham operators to prepare for emergency communications needs. Policy 6- 44: Community Preparedness Continue to provide training to the community on self-preparedness for emergencies. Policy 6-45: Informed Citizenry Use the Cupertino Scene and other communication methods to inform residents that they have a responsibility to be prepared for emergency disasters and give information on how to achieve this self- reliance. Policy 6- 46: Business Storage Containers for Emergency Supplies Prepare an ordinance for businesses that defines policies for establishing an emergency supply container on a business property. Policy 6-47: Emergency Operation Center Continue to annually train all city employees on the operations of the EOC. Policy 6-48: Hazardous Materials Storage Continue to require the proper storage and disposal of hazardous materials to prevent leakage, potential explosions, fire or the release of harmful fumes. Policy 6-49: Proximity of Residents to Hazardous Materials When new residential development or childcare facilities are proposed in existing industrial and manufacturing areas, an assessment of the future residents' risk of exposure to hazardous materials should be completed. Residential development Keep. Keep. Keep. Modify. Delete. Keep. Keep. should not be allowed if such hazardous conditions cannot be mitigated to an acceptable level of risk. Policy 6-50: Endorse County Hazardous Waste Management Plan The City shall continue its endorsement of the County Hazardous Waste Management Plan, subject to the following principles: Locally adopted criteria for siting of hazardous waste management treatment, disposal or transportation facilities shall take precedence over such criteria in the County plan when City-adopted criteria are more stringent. The City will avoid duplication of effort to implement hazardous waste management programs. Priority will be given to cooperative funding support of implementation programs through the County Hazardous Waste Management Plan. Policy 6-51: Alternative Products and Recycling Encourage residential, commercial and industrial ' contributors to the hazardous waste stream to use non-hazardous alternative products and processes and recycle materials in order to retard growth of the waste stream and thus reduce demand for treatment capacity. Policy 6-52: Household Hazardous Wastes Continue to work with the County, other cities and interested groups to develop a program for the proper management and disposal of household hazardous wastes that is effective and convenient for residents. Policy 6-53: Commercial/Industrial Recycling Continue to expand commercial and industrial recycling programs to meet AB939 waste stream reduction goals. Delete. Modify. Keep. Slightly modify. Keep. Move to Environmental Resources Element. Policy 6- 54: Residential Recycling Continue to streamline the residential curbside Keep. recycling program in the next decade. All city-wide residential zoning districts should be included in the curbside recycling program. Policy 6- 55: On-site Garbage Area Dedication Modify existing on-site waste facility requirements Keep. to all multi-family residential, commercial and industrial land uses to have 50% of their garbage area dedicated to recycling and 50% dedicated to solid waste. Policy 6- 56: Public Education Continue public education regarding the reduction Keep. of solid waste disposal and recycling. Policy 6- 57: City Staff Recycling Continue to encourage City staff to recycle at all City Keep. facilities. Policy 6- 58: Impacts-Sunnyvale Treatment Consider the impacts on the Sunnyvale sanitary Keep. sewer system if significant industrial uses are proposed in the South Stevens Creek Boulevard area. Policy 6-59: Vallco Parkway Recognize that new high discharge users in the Keep. Vallco area and the Stevens Creek Boulevard and Blaney Avenue area will require private developer paid upgrading of tributary lines. G: \ Planning \ GenPlan \ Health & Safety Matrix 2.doc EXHIBIT B CUPERTINO CITY COUNCIL & PLANNING COMMISSION STUDY SESSION ON THE ADMINISTRATIVE DRAFT GENERAL PLAN FEBRUARY 1 1,2003 5:00 -- 8:00 PM AGENDA (with suggested timing) I Introduction (5:00) Study Session Objective Agenda Overview II Overview Presentation: The New Big Ideas in the Draft General Plan (5:15) New Big Ideas Potential "Drivers" Questions III Discussion: Parameters for Community Form & Housing Opportunities (6:00) V Public Comment (7:00) VI Direction to Staff (7:15) VII Next Steps (7:50) Close... Strategy ENVIRONMENTAL RESOURCES/SUSTAINABILITY Recycling Program Information. Use the local television channel, the Cupertino Scene, the Internet and other available media to provide information to the residents about the objectives of the City's recy- cling program. Policy 5-42: City Recycling Encourage City staff to recycle at all City facilities. Strategy Recycling Opportunities. Provide collection bins at strategically lo- cated areas to facilitate disposal of recyclable materials. Policy 5-43: Re-distribution or Reusable Materials Through public education, encourage residents and businesses to re- distribute reusable materials, e.g., garage sales, materials exchange. Strategies Dissemination of Recycling Information. Disseminate information to both businesses and residents regarding the benefits of recycling and further reducing the solid waste stream. Use of the Internet. Set up a web site for the benefit of the public where the availability of recyclable materials can be posted and ex- changes can be conducted. Policy 5-44: Reuse of Building Materials Encourage the recycling and reuse of building materials, including re- cycling materials generated by the demolition and remodeling of buildings. Strategies: Post Demolition and Remodeling Projects. Encourage contractors to post demolition and remodeling projects on the Internet announcing the availability of potential reusable materials. Public and Private Projects. Require contractors working on City projects to use recycled building materials and sustainably harvested wood products to the maximum extent possible and encourage them to do the same on private projects. 5-25 CITY OF CUPERTINO DRAFT GENERAL PLAN 5-26 ENVIRONMENTAL RESOURCES / SUSTAINABILITY Wastewater Wastewater collection and treatment are provided to the City of Cupertino by the Cupertino Sanitary District and the City of Sunnyvale. The majority of the City is served by the Cupertino Sewer District, while the City of Sunnyvale serves only a small portion of the Cupertino Urban Serv- ice area within the San Jose Rancho Rinconada area, which is located ad- joining Lawrence Expressway on the east side of the City. GOAL J ADEQUATE SEWER CAPACITY Policy 5-45: Coordination with the Cupertino Sanitary District Provide input into District's Master Plan preparation process to en- sure that issues relevant to Cupertino's land use policies are ad- dressed, and work closely with the District on the implementation of the General Plan. The Cupertino Sanitary District came into being in 1957. In 1964 it pre- pared its first Master Plan. Presently the District is in the process of pre- paring its second Master Plan, a process that will take approximately two years. The Cupertino Sanitary District collects and transports waste water collected in Cupertino to the San Jose/Santa Clara Water Pollution Control Plant located in North San Jose, from which it has purchased 8.6 millions gallons per day (mgp). Presently, the District is only using 5.1 mgp. There- fore, there are 3.5 m~ available to the District to accommodate future growth. The District maintains approximately one million feet of sewer lines. A recent inspection of approximately 100,000 feet of sewer lines revealed that the system is in good condition. However, although the physical conditions of the infrastructure appear to be good, there are some problems with the carrying capacity of a number of lines in the system. The lines located at the Town Center, south of Wolfe Road and south of ! 280 on Wolfe Road, Stelling Road and Foothill Blvd. are running either at capacity or over capacity. In order to accommodate the effluent from major developments, this problem will have to be corrected. The District expects that private developers will defray the cost of upgrading the affected sewer lines. To transport wastewa- ter collected in Cupertino to the Plant, the Sanitary District must use lines traversing the Cities of Santa Clara and San Jose. Consequently, Cupertino's effluent generated by future growth may impact these lines. Therefore, the potential impacts on these lines must be considered. The City of Sunnyvale provides wastewater treatment service for two blocks of Cupertino's commercial properties along east Stevens Creek Boulevard. This service area also includes unincorporated single-family residential properties within the Cupertino Urban Service area. The City of Sunnyvale Wastewater Treatment Plant has a daily treatment capacity of 29 rngd of which approximately 15 mgd are being utilized. The City of Sunnyvale can continue to provide treatment capacity for future growth in its Cupertino service area. However, the trunk service mains and other pot- CITY OF CUPERTINO DRAFT GENERAL PLAN ENVIRONMENTAL RESOURCES/SUSTAINABIL1TY tions of the sewer main system would probably have to be upgraded by the developers, if large office users are allowed in the Cupertino service area. But it is unlikely that the Stevens Creek Conceptual Plan would be amended to allow office uses in this area because of the need to maintain compatibil- ity with adjoining single-family residential uses. Policy 5-46: Sunnyvale Treatment Plant Consider the impacts on the Sunnyvale sanitary sewer system if significant office uses are proposed in the east Stevens Creek Boulevards area. Policy 5-47: Vallco Parkway Recognize that new high discharge users in the Vallco area and the Stevens Creek Boulevard and Blaney Avenue area will require private developers to pay for the upgrading of tributary lines. Strategy Cost Estimates. Develop preliminary cost estimates for the upgrad- ing of the sewer tributary lines to discuss with prospective develop- ers. 5-27 CITY OF CUPERTINO DRAFT GENERAL PLAN Section 6 Health and Safety 6-1 INTRODUCTION The City of Cupertino will be a safe, progressive and balanced community, where residents can live and businesses thrive in a protected and secure envi- ronment. The purpose of the Health and Safety Element is to identify and evalu- ate hazards in the community and to protect it from the risks associated with these hazards. To ensure the protection of the community, the Health and Safety Element sets forth goals, policies, and strategies addressing the potential risks associated with these hazards. Implementation of these goals, policies and strategies will prevent or minimize injuries to life and damages to property. Cupertino will maintain a high level of preparedness to protect the commu- nity from risks to life, property and the environment associated with both natural and human-caused disasters. Natural hazards are earthquakes, floods, wildfires and landslides. Human- caused hazards are usually the result of carelessness, e.g., urban fires, failures of inappropriately designed structures or long term exposure to excessive noise. Cupertino will provide effective and efficient fire services to protect the community from both wild and urban fires. It will provide paramedic services and life-safety aid to victims of catastrophic events. Cupertino will also provide health services to promote the well being of the community, police and crime prevention services to ensure the safety of the community and Emergency Services disaster planning and training to enhance our ability to respond to disasters. GEOLOGIC AND SEISMIC HAZARDS Cupertino is located in the seismically active San Francisco Bay region, which hosts several active earthquake faults. It is important for the community to be prepared for all emergencies. A well-prepared community is better equipped to cope with any eventuality. Cupertino will use all the available channels of communication to keep the community apprised of the potential risks related to geologic and/or seismic activity. One of the longest and most active faults in the world, the San Andreas fault, crosses the western portion of Cupertino's planning area. In addition, two other faults that are closely associated with the San Andreas fault, the Sargent- Berrocal and Monta Vista-Shannon fault systems, cross the west portion of the City. These faults manifest a variety of displacement styles. Movement on the San CITY OF CUPERTINO DRAFt GENERAL PLAN 6-2 HEALTH AND SAFETY Andreas fault is predominantly right-lateral strike-slip, where the earth ruptures in a horizontal fashion, with the opposite sides of the fault moving to the right with respect to each other. Movement on the Sargent-Berrocal and Monta Vista- Sharmon faults is more variable in style. Both of these faults are characterized by "thrust" faulting, where a significant amount of vertical "up-down (so called dip- slip) displacement occurs on an inclined plane, and one side of the fault is ele- vated (i.e., thrust over) the other side. Figure 6-A below illustrates the above- mentioned behavior of the various faults. A. San Andreas Fault H~dzontal Offset of the Ground Surface Horizontally Fault Type: Right Lateral (Strike-Slip) Fault Diq~acement: Horizontal B. Sargent- Barrocal Fault Vertically Elevated Block Fault TRoe: Thrust (Dip-Slip) Fault D~splacemene Vertical Figure 6-A. Diagrams Exhibiting Faults Within the Cupertino Planning Area Characterized By Horizontal (A) and Vertical (B) Displacements. The primary geologic hazards within Cupertino are landslides and seismic impacts related to local active fault traces. Seismically induced ground shaking, surface fault rupture and various forms of earthquake-triggered ground failure are anticipated within the City during large earthquakes. These geologic hazards present potential impacts to property and public safety. Six identified categories of Geologic Hazards within the City are presented in Table 6-A and are briefly explained. For a more detailed explanation see the Technical Appendix. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-3 Table 6-A. Explanations: Geologic and Seismic Hazards Map of the City of Cupertino Planning Area. ZONE DESCRIPTION (F) - Fault Rupture (D) - Seismic Ground Deformation (L) - Landsliding (I) - Inundation/ Liquefaction (H) - Hillside (V) - Valley Area of potential surface fault rupture hazard within 300 feet east and 600 feet west of the Monta Vista and Berrocal faults, and within 600 feet of the San Andreas fault. Area within 2,000 feet of the Monta Vista and Berrocal faults with a moderate to high potential for ground fracturing, lurching or warping under seismic conditions. Area includes all recognized landslide deposits and steep Stevens Creek canyon walls with a moderate to high landslide potential under static or seismic condi- tions. Area with moderate to high potential for flood inundation and moderate potential for liquefaction under seismic conditions. Area contains moderate to steep slope conditions not included in the above categories, with an undeter- mined potential for slope instability. Area includes all relatively level valley floor terrain not included in the above categories with relatively low levels of geologic hazard risk. Following the 1983 Coalinga and 1994 Northridge earthquakes, earth sci- entists became increasingly aware of earthquakes generated by faults not previ- ously observed at the earth's surface. These types of faults are appropriately called "blind faults," and they represent a type of thrust fault that does not rup- ture completely to the surface. Even though the locations of "blind faults" may not be known with certainty, they are clearly associated with certain types of geologic environments. It is possible that one or more blind faults may be associ- ated with the Monta Vista-Shannon fault system, but significant seismic data col- lection and analysis would be needed to determine the extent of risk (if any) that "blind faults" may represent within the City. Figure 6-B generally depicts the location of the various known faults and hazard zones within the Cupertino planning area. CiTY OF CUPERTINO DRAFT GENERAL PLAN 6-4 HEALTH AND SAFETY Table 6-B provides estimates of the recurrence intervals of maximum earth- quakes expected for faults that would likely affect the Cupertino area. The recur- rence interval on the San Andreas fault, which last ruptured in 1906, is about 220 years. Data pertaining to the recurrence intervals of large earthquakes on the Sar- gent-Berrocal and the Monta Vista-Shannon fault systems are less constrained. However, each year that passes without a major earthquake means that an earth- quake is more likely to occur within any future year. Table 6-B. Maximum Earthquake Magnitudes and Recurrence Intervals. Distance Maximum Maximum Est. Recur- from Historic Probable rence Interval Causative De Anza/SCB Moment Moment of Max. Prob. Faults Intersection Magnitude Magnitude Earthquake San Andreas System San Andreas 5.5 Miles 7.9 7.9 220 Years Hayward (South) 10 Miles 7.0 7.0 236 Years Calaveras (Central) 14 Miles 6.2 7.0 374 Years Sargent- Berrocal System Sargent- 3.5 Miles 3.7 - 5.0 6.8 330 Years Berrocal Monta 2 Miles 2.0 - 3.0 6.8 2400 Years Vista- Shannon GOAL A REDUCED RISKS ASSOCIATED WITH GEOLOGIC AND SEISMIC HAZARDS The following policies will be implemented during the development review process, as regulating new development offers the greatest rewards in risk reduc- tion. While it is difficult to improve existing development, it is much easier to locate and design new buildings to achieve this goal. CITY OF CUPERTINO DRAFT GENERAL PLAN 'X N HEALTH AND SAFETY Policy 6-1: SeismidGeolog~c Review Process Evaluate new development proposals within mapped potential hazard zones using a formal seismic/geologic review process. Use Table 6-D of this Hazards Analysis to determine the level of review required. Strategies Acceptable Level of Risk. Use Table 6-C regarding acceptable level of risk to identify reasonable levels of risk for various land uses. The table includes general structural risk-reducing design criteria for each land use group. Geotechnical and Structural Analysis. Use Table 6-C to find the necessary geotechnical and structural analysis based on the proposed location of a de- velopment in a specific hazard zone. Earthquake-Resistant Design Techniques. Encourage new earthquake- resistant design techniques in the design and structural engineering of buildings. Residential Construction Standards Upgrade. Review construction stan- dards for residences to reduce earthquake damage. Examples include addi- tional bracing for garage openings of two-story and split-level homes and increased first story bracing in multiple-family residences over parking ga- rages. Encourage property owners to upgraded standards in these situa- tions. 5. Geotechnical Review Procedure. Adopt a geotechnical review procedure that incorporates these concerns into the development review process. It may not be practical to improve several types of buildings to incorporate revised earthquake safety standards. Fortunately, most buildings in Cupertino have been constructed in recent years and were designed under a building code that includes components and designs that resist ground shaking. Still, structures identified as "critical facilities" should be re-evaluated, es- pecially those in the high-hazard zones. Many seismic safety evaluations have been completed. Cupertino's schools comply with legal standards. The State De- partment of Transportation is reviewing freeway over-crossings to see how re- sistant they are to ground shaking. A City mandate to evaluate the structural integrity of all non-critical public or private buildings is not economically viable, but City government should edu- cate residents, employers, and business owners to protect their property and re- duce risk of injury. ACCEPTABLE LEVEL OF RISK Land use and building design standards must relate ti) the degree of geo- logic and seismic hazards in the zone in which a proposed project would be built so that an acceptable level of risk can be assigned. Table 6-C shows an acceptable level of risk for seven land use categories. The four levels of acceptable risk range CITY OF CUPERTINO DRAFT GENERAL PLAN 6-7 6-8 HEALTH AND SAFETY from extremely low to ordinary. Extremely low risk is assigned to vital struc- tures, such as a large dam or a public utility facility. An ordinary risk category is assigned to buildings such as single-family houses, warehouses and farm build- ings. The Table also shows the possible additional cost of measures to reduce risk and identifies the level of protection for life and property. Land use in the extremely low risk category must achieve maximum safety. For example, Stevens Creek Reservoir must be designed to remain totally func- tional during the worst possible earthquake. Those improvements must be made at any cost; there is no percentage of cost associated with structural safety im- provements. Ordinary risk reduction activities may add about 2 to 10 percent to project cost in order to achieve the desired level of safety. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Table 6-C Acceptable Exposure to Risk Related to Various Land Uses. Land uses and structural types are arranged below according to the level of exposure to acceptable risk appro- priate to each group; the lowest level of exposure to acceptable risk should be allowed for Group 1 and the highest level of exposure to acceptable risk for Group 7. Acceptable Land Use Extra Project Cost To Exposure Group Reduce Risk To To Risk Acceptable Level EXTREMELY Group 1 VULNERABLE STRUCTURES (nuclear As required for maximum LOW reactors, large dams, plants manufact- attainable safety ufing,' storing hazardous materials) VITAL PUBLIC UTILITIES, (electrical transmission interties/substantions, regional water pipelines, treatment plants, gas mains) COMMUNICATION/TRANSPORTATION (airports, telephones, bridges, freeways, evac. routes) SMALL WATER RETENTION STRUCTURES ' Group 2 Group 3 Group 4 MODERATELY Group 5 LOW ORDINARY Group 6 RISK LEVEL Group 7 EMERGENCY CENTERS (hospitals, fire/police stations, post-earthquake aide stations, schools, City Hall and Service Center, De Anza College) INVOLUNTARY OCCUPANCY FACILITIES (schools, prisons, convalescent and numing homes) HIGH OCCUPANCY BUILDINGS (theaters, hotels, la~e office/apartment bldgs.) PUBLIC UTILITIES, (electrical feeder routes, water supply turnout lines, sewage lines) FACILITIES IMPORTANT TO LOCAL ECONOMY MINOR TRANSPORTATION (arterials and parkways) LOW-MODERATE OCCUPANCY BUILDINGS (small apartment bldgs., single-fam, resid., motels, small commemial/office bldgs.) VERY LOW OCCUPANCY BUILDINGS OPEN SPACE & RECREATION AREAS (farm land, landfills, wildlife areas) Design as needed to remain functional after max. prob. earthquake on local faults 5% to 25% of project cost Design as needed to remain functional after max. prob. earthquake on Iof::al faults 5% to 25% of project cost Design to minimize injury, loss of life during maximum probable earthquake on local faults; need not design to remain functional 2% of project cost; to 10% project cost in extreme cases Design to resist minor earthquakes (warehouses, farm structures) w/o damage; resist mod. Earthquakes w/o struc, damage,with some non- struct, damage; resist major earthquake (max. prob. on local faults) w/o collapse, allowing some struc. & non-struc, damage CITY OF CUPERTINO DRAFT GENERAL PLAN 6-9 6-10 HEALTH AND SAFETY Table 6-D shows a policy position on the amount of technical evaluation needed to ensure that hazards in new developments are reduced to an acceptable level of risk based on land use. Critical facilities in Cupertino's planning area should be evaluated and modified structurally to withstand a maximum earth- quake. Table 6-D. Technical Investigations Required based on Acceptable Risk. Land Use Activity Hazard Zone Map Symbol F D L H IV Groups 1 to 4 Groups 5 to 7 Evaluation Required Evaluation Required UBC Soils Geology Seismic Hazard UBC Soils Geology UBC Soils Seismic Hazard UBC Soils Descriptions of Technical Evaluations: UBC 1997 (or latest City adopted) Edition, Uniform Building Code Soils Soils and foundation investigation to determine ability of local soil conditions to support structures Geology Determine subsidence potential, faulting hazard, slope stability (See Geologic Hazards Map for additional detail) Seismic Hazard Detailed Soils/Structural evaluation to certify adequacy of normal UBC earthquake regulations or to recommend more stringent measures Vital facilities, such as fire stations and water mains, must remain intact during the worst probable earthquake on any fault system in Cupertino. Most of these facilities are owned by private companies or public agencies beyond direct City control. Owners need to evaluate the facilities in terms of their potential to disrupt service or cause hazard to Cupertino residents. Cupertino City Hall is the primary emergency operations center for coordinating and managing all types of disasters including earthquakes. The City must be sure that critical parts of the water system can withstand a maximum earthquake so that there will be suffi- cient water to drink and fight fires. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND ~AFETY Policy 6-2: Public Education on Seismic Safety Reinforce the existing public education program to help residents reduce earthquake hazards. Strategies Covenant on Seismic Risk. Require developers to record a covenant to tell future residents in high-risk areas about the risk and inform them that more information is in City Hall records. This is in addition to the State requirement that information on the geological report is recorded on the face of subdivision maps. Emergency Preparedness. Publish and promote emergency preparedness activities and drills. Use the Cupertino Scene and website to provide safety tips that may include identifying and correcting household haz- ards, knowing how and when to turn off utilities, helping family mem- bers protect themselves during and after an earthquake, recommending neighborhood preparation activities, and advising residents to maintain an emergency supply kit containing first-aid supplies, food, drinking water and battery operated radios and flashlights. Neighborhood Response Groups. Encourage participation in Commu- nity Emergency Response Team (CERT) training. Train neighborhood groups to care for themselves during disasters. Assist in neighborhood drills. Dependent Populations. Encourage operators/owners of buildings with dependent populations such as day care centers, schools, residential day care and convalescent homes to prepare their buildings and clients through an emergency plan, training, drills and client education. Foreign Language Emergency Information. Obtain translated emergency preparedness materials and make them available to appropriate foreign language populations. Fire Hazards The City of Cupertino endeavors to provide its citizens with fire and emer- gency services of the highest standards. This makes Cupertino an attractive and safe place in which to live and do business. Cupertino's geographical boundaries extend from the lower foothills of the Santa Cruz Mountain Range at its westerly limits to the urbanized valley floor at its northerly, easterly and southerly limits. For this reason, Cupertino is exposed to hazards from both wild and urban fires. These two types of fire hazards have their own unique characteristics and present different fire-fighting problems. Wild fires are a threat to residents living in the rural areas of the foothills. If not contained, wild fires can have a devastating effect on a community, causing inju- ries and consuming vegetation and structures in their path. Urban fires pose CITY OF CUPERTINO DRAFT GENERAL PLAN 6-11 6-12 HEALTH AND SAFETY other problems. They may include fires in high-rise buildings, multiple residen- tial structures, or fires in commercial and industrial buildings where highly flammable and toxic materials may be stored. Fire fighting and emergency medical services are provided to the City of Cupertino by the Santa Clara County Fire Department (SCCFD) (formerly known as the Santa Clara County Central Fire Protection District). The Santa Clara County Fire Department is a full service department, which provides similar services to seven other west valley cities and adjacent County areas. Automatic aid agreements with the neighboring jurisdictions augment the SCCFD's fire re- sponse capabilities, and the City of Cupertino is a beneficiary of these expanded capabilities. In addition to fire protection, the SCCFD also conducts fire prevention in- spections and educational programs, including those on Community Emergency Response Team (CERT) training, cardio-pulmonary resuscitation (CPR) and first aid certification Cupertino's growth over the next 20 years will be accommodated within Cupertino's existing urban service area, and there will not be a need to expand the existing service area. This new growth, however, may generate greater de- mands on the existing fire services. A needs assessment may have to be con- ducted by the SCCFD to determine the ability to continue to provide the same level of service. The City's and the SCCFD'S common goal is to maintain a high level of service. One of the most important measurements in the level of service is re- sponse time. Response time is critical for life safety and for minimizing property damage. It is the policy of the SCCFD to respond to 90% of emergency calls in under five minutes. A radius of one and one-half miles is considered to be the ideal service area for a fire station. However, this is not necessarily an absolute standard because there could be conditions that may affect the radius of the service area, e.g., an area developed with large number of commercial and industrial buildings may require a service area of only three quarters of a mile radius, while for a rural en- vironment of single-family and two-family houses a service area of three to four miles, or more, may be acceptable. Figure 6-C, Fire Service Area Boundaries Map shows the distances from the three SCCFD fire stations. The Map illustrates that the major portion of the community is within a one and one-half mile radius from a fire station. These distances determine potential response time; however, sometimes response time may be affected by traffic congestion and other problems. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-15 One of the major goals of fire service is to reduce response time, but this goal may sometimes conflict with City policies, e. g., the City's policy of discour- aging commute traffic from driving through neighborhoods may delay response time by making it difficult for fire equipment to use direct routes. The use of pri- vate security systems, such as electronically operated entry gates, for planned residential communities may also delay response time. The me of these security measures must be looked at carefully. An increase in calls for fire service and traffic congestion can also erode the Fire Department's critical response time. To compensate, the Fire Department may need to adjust and/or expand staff and equipment in areas of high service demand and continue its program for placing emergency traffic preemption controls at key traffic signals. Potential Fire Hazards FIRE HAZARDS IN THE FOOTHILLS AND MOUNTAINS People who live in the foothills and mountains of Cupertino's planning area are most at risk from fire. The City is not directly involved in fire fighting in the mountains, but fire safety in the Montebello Ridge and Stevens Canyon area is of extreme importance to Cupertino. Major fires in this area could harm the Stevens Creek watershed by increasing flooding potential, silting up streambekis and reducing recreational opportunities. The vegetative cover, the degree of slope and critically dry weather condi- tions are the three natural factors the California Division of Forestry uses to clas- sify the severity of potential fires in the foothills. Development in the foothills is typically low density and scattered throughout the area, making fire protection difficult. The degree of hazard to life and property in these areas is affected not only by the fire itself but also by other factors, such as, access roads for firefight- ing and evacuation, the available strength of fire fighting force, the availability of CITY OF CUPERTINO DRAFT GENERAL PLAN 6-16 HEALTH AND SAFETY water to fight the fire and the effectiveness of building codes and inspection of developments in the fire hazards areas. There are about 16 square miles of land in the mountains of the Cupertino planning area. Any increase in density raises the exposure to fire risks. In 1992, all properties above the 10% slope line were categorized as Hazardous Fire Ar- eas, i.e., land that is covered with grass, brush or forest, and which is also diffi- cult to access. Structures within this area are required to have fire retardant (Class A) roofing, and property owners are required to continuously clear any brush away from their structures. Such structures are also required to have sprinklers. If a fire were to start in this area, it would be abnormally difficult to suppress. Most of the mountainous land is owned by either the Midpeninsula Re- gional Open Space District or the Santa Clara County Parks System. When the parks are fully active, many people could be exposed to fire risk. GOAL B EFFICIENT AND EFFECTIVE FIRE AND EMERGENCY SERVICES TO PROTECT THE COMMUNITY FROM HAZARDS ASSOCIATED WITH WILD AND URBAN FIRES Policy 6-3: Wild Fire Prevention Efforts Coordinate wild fire prevention efforts with adjacent jurisdictions. Policy 6-4: CountF Fire Hazard Reduction Encourage the County to put into effect the fire reduction policies of the County Public Safety Element. Policy 6-5: Fuel Management to Reduce Fire Hazard Encourage the Midpeninsula Open Space District and the County Parks Department to continue efforts in fuel management to reduce fire haz- ards. Policy 6-6: Green Fire Breaks Encourage the Midpeninsula Open Space District to consider "green" fire break uses for open space lands. FIRE HAZARDS IN THE URBANIZED VALLEY FLOOR Most people who live and work in the urbanized areas of Cupertino are not exposed to a high risk of fire. The City is served by a well-managed fire protec- tion service as well as a fire prevention program. Buildings in the City are rela- tively new and there is a strong code enforcement program, an adequate water supply and a well-maintained delivery system. However, there are some geo- graphical areas in the City to which more attention could be directed to reduce potential fire hazards. In urban areas the most serious concern is fires in high- rise, multiple-family dwellings and commercial and industrial structures con- taining highly combustible or toxic materials. CITY OF CUPERTINO DRAFT GENERAL PLAN GOAL C HEALTH AND SAFETY FIRE PREVENTIVE MEASURES THAT MINIMIZE THE LOSS OF LIFE AND PROPERTY Policy 6-7: Early Project Review Involve the Fire Department in the early design stage of all projects re- quiring public review to assure Fire Department input and modifications as needed. Policy 6-8: Commercial and Industrial Fire Protection Guidelines Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and industrial land uses. Policy 6-9: Fire Prevention and Emergency Preparedness Promote fire prevention and emergency preparedness through city- initiated public education programs, through the government televi- sion channel, the Internet and the Cupertino Scene. Policy 6-10: Multi-Story Buildings Fire Risks Recognize that multi-story buildings of any land use type increase risks of fire. Ensure that adequate fire protection is built into the design and require on-site fire suppression materials and equipment to ensure the safety of the community. Policy 6-11: Residential Fire Sprinklers Ordinance Consider adopting a residential fire sprinkler ordinance. This will re- duce both fire flows and the need for firefighting personnel and equipment. Policy 6-12: Smoke Detectors Require smoke detectors in new residential construction and continue to support fire protection agencies' education of homeowners on in- stallation of smoke detectors. Use the Cupertino Scene to publicize fire hazards correction methods. BUILDING CODES, FIRE CODES AND OTHER REGULATIONS To minimize potential fire hazards, the City of Cupertino regulates build- ing construction and site planning through the Uniform Fire Code and the Uni- form Building Code. Cupertino's large commercial and industrial buildings are designed with substantial areas of open space around them to preclude the spread of fire. The City also requires automatic sprinklers and fire detection sys- tems to further reduce risks. In addition, the City and the Fire Department periodically inspect commer- cial and industrial buildings for compliance with the applicable codes. Single- family homes do not require inspection, but smoke alarms are required in all CITY OF CUPERTINO DRAFT GENERAL PLAN 6-17 6-18 HEALTH AND SAFETY new homes constructed in the City. The City also supports the retrofitting of ex- isting homes with smoke detectors Under the Uniform Fire Code, undeveloped or sparsely developed areas possessing characteristics for potentially high fire risk may be designa, ted haz- ardous fire areas. In Such area's, the Code regulates building materi~ls, planting material and clearances between structures and planting material. The' County Fire Marshal and the Fire Department regulate activities in the fire hazard area, and have the authority to deny access to the public to any area if they determine it is in the interest of public safety They' also a~iminister the Weed Abatement and Brush Clearance Ordinance in the hazardous fire areas. The purpose of this Ordinance is to minimize the potential of transference of brush fires and to re- duce the potential accidental fires. The City of Cupertino has a good safety record in terms of fire protection and a minimum of fire losses. This record is reflected in the City's exCellent fire insurance rating of Class 2 (Class 1 is considered a perfect rating) This 10w level of risk is the combined result of the high proportion of new construction Which meets current Uniform Building Code standards, and efficient fire protection service. Constraints to Firefighting ACCESS ROADS Access is a critical component of fire safety. Fire fighting equipment must be able to reach the location of the fire as quickly as possible. Likewise, viable means must be provided for residents and visitors alike to escape the dangers of a fire. Public road access is severely limited in the hillside rural areas. Emergency access roads run through private property and these property owners are asked to act independently or collectively to maintain fire access roads. Fire equipment needs roads that are passable, have less than 16% grade, a minimum turning ra- dim of 42 feet and sufficient space to turn around. Santa Clara County lists the Montebello Road/Stevens Canyon area as the fourth highest risk in the County. The road linking Montebello and the Palo Alto Sphere of Influence to the bottom of Stevens Canyon has been improved to ac- ceptable standards as a fire access road. A fire trail extends from Skyline Boule- vard on Charcoal Road to Stevens Canyon. Road accessibility in the lower foothills is easier. The City requires that all- emergency roads be constructed with an all weather surface. It also requires a private emergency access connection between public streets within Lindy Can- yon and Regnart Canyon. However, private roads are !ess likely to meet the ac- cess standards. Private roads are not required to be constructed to City standards and, therefore, are usually built to lesser standards than public roads. Moreover, there are no long-term guarantees that they will be maintained. CITY OF CUPERTINO DRAFt GENERAL PLAN HEALTH AND, SAFE~' Dead end roads are risky, especially those long dead end roads that give access to many portions of Regnart Road and Stevens Canyon areas. For thi.'s rea- son, alternate access routes are provided via private emergency access routes. GOAL D AN ALL WEATHER EMERGENCY ROAD SYSTEM TO SERVE THE RURAL AREAS Policy 6-13: Roadway Design Involve the Fire Department in the design of public roadways for re- view and comments. Attempt to ensure that roadways have frequent mediar~ breaks for timely access to properties. Policy 6-14: Dead-End Street Access Allow public use of private roadways during an emergency for hillside subdivisions that have dead-end public streets longer than 1,000 feet or find a secondary means of access. ' Policy 6-15: Hillside Access Routes Require new hillside development to have frequent grade breaks in ac- cess routes to ensure a timely response from fire personnel. Policy 6-16: Hillside Road Upgrades Require new hillside development to upgrade existing access roads to meet Fire Code and City standards. ACCESS TO RESIDENTIAL DEVELOPMENTS Fire and other emergency personnel may be impeded if there are vehicular electronic security gates on residential developments. Therefore, vehicular elec- tronic security gates should be discouraged unless they comply with the General Plan and receive a fence exception. All vehicular electronic security gates should meet the requirements of the emergency service agencies, and attempts should be made to standardize access. Policy 6-17: Private Residential Electronic Security Gates Discourage the use of private residential electronic security gates that act as a barrier to emergency personnel. Strategies 1. Fence Exception: Require a fence exception for electronic security gates. [Margin note: See Chapter 16 28 of the Cupertino Municipal Code] 2. Access to Gates. Where electronic security gates are allowed, require the installation of an approved key switch. CITY OF CUPERTINO DRAFT GENERAL PLAN 6-19 6-20 HEALTH AND SAFETY Water Availability Assuring water availability to the more remote areas in and around Cupertino is important to achieving a safe covnmunity. WATER SUPPLy ON MONTEBELLO RIDGE AND STEVENS CANYON Present]y, there are no water systems serving the Montebello Road and up- per stevenS ~anyon area, with the exception Of Stevens Creek itself.' Because there is no water service to these 'areas, the coUnty requires that each homesite be served by its own individual !0,000-gallon tank and that a sprinkler system be installed. Theoretically, it is possible to have a jointly owned and operated wa~er storage system to reduce the required amount Of on-site storage of water for each individual property,, provided an adequate., water main distribution, system to~ serve all homes sharing the joint facility is in place. However, the mailatenance and operation costs of such a system could impose an economic burden on the homeowners if there were not enough properties within the system to make the individual share for defraying the costs reasonable. Former private systems in the area proved to be unsuccessful and were ultimately annexed to the major water providers in the area. WATER SUPPLY FOR FOOTHILL REGIONS WITHIN THE URBAN SERVICE AREA All development in the Urban Service Area must be served by a water sys- tem that complies with City standards for household and firefighting use. Presently, a few developed areas, such as lots in the upper reach of Regnart Canyon and a few areas in Inspiration Heights, do not have an adequate water system. However, in the long-term, these areas may receive a better supply of water for fighting fires, as the water system is extended to serve new develop- ment in the area and the water providers in the area expand their service area to serve new growth in the area. GOAL E AVAILABLE WATER SERVICE IN THE HILLSIDE AND CANYON AREAS Policy-18: Extension of Water Service Encourage the water companies to extend water service into the hill- side and canyon areas. Policy 6-19: Growth Cooperation Encourage cooperation between water utility companies and the Fire Department in order to keep water systems in pace with growth and firefighting service needs. Policy 6-20: Fire Fighting Upgrades Needs Encourage utilities to consider Fire Department firefighting needs when upgrading water systems. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY WATER SUPPLY FOR FOOTHILL REGIONS Accessibility and availability to an adequate supply of water is extremely important in firefighting. The City of Cupertino is served by two water retailers, which also serve the foothill areas: the San Jose Water Company, which leased the .... CUPertino Municip al Water System and annexed the Reglii{:MutUa! Water System', and the California Water Company (see Figure 6-D). Together these two systems have adequate water lines and distribution systems to meet the fire flow needs. However, although they meet the present needs, neither private water system .is required to maintain an adequate fire flow under their agreements with the City and fire agel~cies~ ..... The City of Cupertino has taken a number of steps to combat fire hazards. It adopted the current State Fire Code, and declared most of the Santa Cruz Mountain range as hazardous fire areas. It has also adopted the following pre- ventive measures: 1) An early review process with the Fire Department and the City is conducted to incorporate fire prevention methods. 2) the City reviews building plans and requires use of fire resistant materials. 3) The City also coor- dinates with and encourages the County of Santa Clara to uphold the weed abatement program. Policy 6-21: Residential Fire Sprinklers Require fire sprinklers in new residential construction located in hill- side areas and flag lots. 6-21 CITY OF CUPERTINO DRAFT GENERAL PLAN 6-22 HEALTH AND SAFETY Water Service Tile ICupertino MunicipaI Water System (Leased to san Jose Water CompanY) Water T~ Cid of Sunn~,x& · T~ Cir~ ~f · · l &Ill · Slllll~ J -- San Jose Water Company = LEGEND · · · · Water Company Service Areas  City Boundary .... Urban Service Area Boundary Sphere of influence ~--- Boundary Agreement Line ~ Unincorporated Areas Figure 6-D. Water Service Areas. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-23 Crime and Police Services The sociological climate of a commurdty is of extreme importance to its vi- ability as a desirable place to live and work. Residents must be able to carry out their routine activities and enjoy the community's assets in an environn~ent kee of worries about their well being. Businesses must also feel comfortable and se- cure in the conduct of their activities and ensured that their investments are protected. The City's commitment to public safety encompasses two broad areas of re- sponsibilities: !) to provide public safety services and the planning necessary for the prevention of crime, and 2) to plan for a safe environment in which the public is not exposed to un.necessary risks to life an property. Cupertino has a very tow crime rate, which can be partially attributed to project design techniques and ac- tive community involvement. However, changes in future development patterns and an increase in both employment and housing opportunities may affect pub- lic safety. An expansion in the retail sector may increase opportunities for thefts and other related criminal activities. An increase in growth may also result in additional vehicular traffic, which increases the risk of automobile accidents. These future changes may reflect a need for additional public safety:services. The City recognizes the sociological and psychological effects of the physi- cal environment on human behavior and conducts pre-hearing review meetings for all new projects. This occurs early in the planning process, and involves the Santa Clara County Sheriff Department, commenting on safety issues. In addi- tion to this early involvement in the planning process, the Santa Clara County Sheriff Department provides Cupertino with a full spectrum of police services, which include: police patrol services, criminal investigation, traffic enforcement, accident investigation and tactical teams. PARK DESIGN Neighborhood and Community Parks provide open space and recreational opportunities for Cupertino's families. Open space offers a respite from the busy urban environment and present opportunities for people to engage in physical recreational activities. However, parks must safe to be enjoyed. Families must be free of worry about the well being of both adults and children who use the facili- ties. Future parks will be designed by using the principles of "defensible space." They will be easily accessible from streets, where feasible, to allow neighbors and the police maximum visibility into the park from the peripheral areas. They will also take into consideration design techniques to minimize potential vandalism and crime. RESIDENTIAL DESIGN FOR DEFENSIBLE SPACE Cupertino's General Plan stresses protection of visual privacy. This could conflict with the concept of "defensible space," if privacy design techniques iso- late households enough so that people feel they are losing private and semi- private spaces in residential developments. Design can also be used to create so- CITY OF CUPERTINO DRAFT GENERAL PLAN 6-24 HEALTH AND SAFETY cial:, cohesion,, imvortant not only. for a ,vlanned residential community, b. lut 'n single-family detached homes as well. Cupertino actively supports a Neighbor- hood watch Program that offers advice On' crime prevention and encourages neighborhood Cohesiveness. ' NON-RESIDENTIAL DESIGN FOR DEFENSIBLE SPACE Using design techniques to prevent crime in non-residential districts is more prevalent than in residential areas. The key is to design buildings to ease police patrol and help community surveillance. Decisions on crime prevention inVolve tradeoffs between aesthetics and the ease of access for patrol vehicles, as well as tradeoffs between privacy and acoustical protection between commercial prop- erties and adjacent homes. Commercial office and industria! properties designed with interior garden courts, with private fenced patios and isolated entrances, have more burglaries and robberies than those that are highly visible. Masonry barriers, earth mounds and landscaping beds are typically used to isolate parking lot noise in commer- cial operations. The County Sheriff's Office believes that these solutions do not increase burglary in adjoining homes. GOAL F HIGH QUALITY POLICE SERVICES THAT MAINTAIN THE COMMUNITY'S CRIME RATE LOW AND ENSURE A HIGH LEVEL OF PUBLIC SAFETY Policy 6-22: Neighborhood Awareness Programs Support the Neighborhood Watch Program and others intended to help neighborhoods prevent crime through social interaction. Policy 6-23: Public Perimeter Roads for Parks Encircle neighborhood parks with a public road to provide visual accessi- bility whenever possible. Policy 6-24: Crime Prevention in Building Design Consider the relationship between building design and crime prevention in reviewing al! developments. Policy 6-25: Fiscal Impacts Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various !and use mixes. Policy 6-26: Pre-hearing Review Continue to request County Sheriff review and comment on development applications for security measures. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-25 Hazardous Materials Hazardous materials pose a dartger to public health and safety. They en- ,,c°mvass*, a .br°ac} ranged.of substances, including materials that are toxic, tima ma- vie, explosive or corrosive. Yet these materials are recognized as an integral part of society, used to produce manufactured goods that contribute to our econorrfic we!! being and quality of life. Hazardous materials are used in manufacturing processes in Santa Clara County and are als° part of Our everyday life in the form of household chemicals, such as pesticides, motor oil, cleaners and paints. The use, storage and disposal of hazardous materials, including management of contaminated soils and groundwater are regulated by federal, state and local laws and regulations. The transportation, distribution, storage and disposal of hazardous materials is of great concern to CUpertino. The City has adopted a Hazardous Materials Ordi- nance that regulates the storage of these materials in solid and liquid form. The City's Toxic Gas Ordinance regulates the storage of these materials that are in gaseous form. ELECTROMAGNETIC FIELDS (EMF) Over the past 20 years, concern has been expressed about the potential ef- fects associated with electromagnetic fields from such sources as transmission lines, electrical facilities, antennae and appliances. A number of studies have been conducted to determine potential links be- tween EMF levels and their effects on health. Many of these studies have been controversial and inconclusive, and experts have not agreed on a definitive an- swer, although many in the international community now consider EMF to be a possible human carcinogen, relating exposure to elevated magnetic fields to a small increase in the risk of childhood leukemia. Although the potential effects of EMF on health have not been conclusively demonstrated, it is recommended that the planning review process be expanded to include a review of potential EMF sources to ensure that their effects, if any, could not impact residential develop- ments or child care facilities. GOAL G PROTECTION FROM THE RISKS ASSOCIATED WITH HAZARDOUS MATERIALS AND EXPOSURE TO ELECTROMAGNETIC FIELDS Policy 6-27: Hazardous Materials Storage and Disposal Require the proper storage and disposal of hazardous materials to pre- vent leakage, potential explosions, fire or the release of harmful fumes. Policy 6-28: Proximity of Residents to Hazardous Materials Assess future residents' exposure to hazardous materials when new resi- dential development of childcare facilities are proposed in existing in- dustrial and manufacturing areas. Do not allow residential development if such hazardous conditions cannot be mitigated to an acceptable level of risk. CITY OF CUPERTINO DRAFT GENERAL PLAN 6-26 HEALTH AND SAFETY Policy 6-29: Electromagnetic Fields Consider potential hazards from Electromagnetic Fields in the project re- view process. Hazardous Waste In the past, the managing of hazardous waste has relied heavily upon land disposal of untreated hazardous wastes. This approach Sometimes led to the contam~nahon of both soil and groundwater and is ~ow prohibited. Since' 1990, State law has required that hazardous waste must be properly disposed of in ap- proved hazardoUs waste treatment or disposal facilities. To accomplish this, neW treatment methods and facilities had to be developed and approved to pre-treat hazardous waste before its final disposal ' ' Under authority of the 1986 "Tanner" Bill (AB2948), Cupertino, along with 13 other cities, joined the County to jointly develop a comprehensive and coordi- nated p!arming approach to hazardous waste disPosal. The County's Hazardous WasteManageme-nt Plan (CoHWMP) was endorsed by the cupertino City Council in 1990. The CoHWMP directed the County to work with the cities to develop a pro- gram to provide residents and small businesses the opportunity to properly dis- pose of hazardous waste. In !990, the County and the cities created a county- wide Household Hazardous Waste Program, in which Cupertino participates. Policy 6-30: Alternative Products Encourage residents and businesses to use non- and less-hazardous products, especially less toxic pest control products, to slow the genera- tion of new hazardous waste requiring disposal through the county-wide program. Policy 6-31: Household Hazardous Wastes Support and help fund the County-wide Household Hazardous Waste Program, to provide residential and small business communities the op- portunity to properly dispose of hazardous waste S~rategy Educational Materials. Publish educational materials about the program in the Cupertino Scene, website and in brochures that are distributed throughoUt the community. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Policy 6-32: Hazardous Waste Dumping Inform the residential and business communities about the illegality and danger of dumping hazardous material and waste in the storm drain system or in creeks Strategy Code Enforcement. Enforce illegal dumping through code enforcement persorme!. The City is required to identify generalized locations where hazardous waste management facilities could be placed. Figure 6-G on page 29 describes these generalized industrial locations, but does not necessarily ensure that any particular treatment/disposal facility could be placed in the locations consistent with siting criteria in the County or City HWMp. Facilities that could typically be placed on sites of the scale available in Cupertino would generally emphasize reclamation or recycling of waste prod- ucts. However, other TSD (transfer, Storage or DisPosal) facilities could include equipment for stabilization of liquid or gaseous contaminants prior to ultimate disPoSal OUtside the City, facilities for reduction or oxidation of compound mate- rials from temporary to permanent storage containers. There are no sites in Cupertino suitable to the development of a residuals repository facility, due to the large-scale site requirements and region-serving nature of such facilities. 6-27 CITY OF CUPERTINO DRAFT GENERAL PLAN 6-28 HEALTH AND SAFETY Potential Sites z~c~q Tl~ Ci~ oy Soa $o~ LEGEND ......... I Potential Sites ~ Ci~ Boundary .... Urban Service ^rea 8ounda~y ~ ~ Sphereoflnfluence ~'~ Boundary ^§reement Hne ~ Unincorporated ^teas Figure 6-E. General Location of Potential Hazardous Waste Management Sites. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-29 Disaster Planning Disaster Planning is a continuous cycle of preparation, response, recovery and mitigation. Emergency Management attempts to incorporate these ideas into each of its functional elements: emergency planning, coordination, training and public education. State law requires that cities prepare an emergency plan to respond to natu- ral or human-caused disasters that threaten the lives, property or environment of the community. The Cupertino Emergency Plan establishes an organizational framework to enable the City to manage its emergency response activities and to coordinate with county, state and federal agencies. GOAL J A HIGH LEVEL OF EMERGENCY PREAREDNESS TO COPE WITH BOTH NATURAL OR HUMAN-CAUSED DISASTERS Policy 6-33: Promote Emergency Preparedness Distribute multi-hazard emergency preparedness information for all threats identified in the emergency plan. Information will be provided through Cardio-Pulmonary Resuscitation (CPR), First Aid and Commu- nity Emergency Response Team (CERT) training, lectures and seminars on emergency preparedness, publication of monthly safety articles in the Cupertino Scene, posting of information on the Emergency Preparedness website and coordination of video and printed information at the library. THE CUPERTINO EMERGENCY PLAN "The City's Emergency Plan has been prepared in accordance with the Standardized Emergency Management System (SEMS) and is used in conjunc- tion with the State Emergency Plan, the Santa Clara Operational Area Interim Agreement, Santa Clara County Emergency Plan, as well as plans and SOPs of CITY OF CUPERTINO DRAFT GENERAL PLAN 6-30 HEALTH AND SAFETY contract agencies and special districts." Within this system, the City Manager is the Director of Emergency Services when a local emergency exists. Support per- sormel such as City Staff, representatives from Public Safety, special districts and volunteer groups are trained to perform specific functions in the Emergency Op- erations Center. These functions include Management, Operations, Logistics, Planning/Intelligence and Finance. There are two parts to the Emergency Plan. The first part includes legal re- quirements and program explanations. The second part addresses the functional responsibilities and checklists of the representatives of the Emergency Opera- tions Center. The plan is reviewed annually and tested through annual disaster drills. CITY EMPLOYEES AS DISASTER SERVICE WORKERS During emergencies, all City employees are designated Disaster Service Workers, under Section 3100 of the California Government Code, and are re- quired to remain at work as long as they are needed. To help prepare for this ad- ditional responsibility, all employees receive training in personal and home preparedness, First Aid, CPR, SEMS and Terrorism Awareness. The City pro- vides opportunities for employees to purchase discount preparedness supplies and offers additional free disaster training through the Com~nunity Emergency Response Team program. Policy 6-34: Emergency Service Training Program Train employees in disaster preparedness, fir§t aid and CPR. Strategy Conduct Exercises. Conduct exercises regularly to update employee training. VOLUNTEERS AS DISASTER SERVICE WORKERS Under the Emergency Preparedness Plan volunteer groups play an impor- tant role by providing specific services. Policy 6-35: Responsibilities of Volunteer Groups Clearly define responsibilities of volunteer groups during a local emer- gency. Strategies Chamber of Commerce. Develop a Memorandum of Understanding (MOU) with the Chamber of Commerce to provide food services during a disaster. Cupertino Community Services. Develop a Memorandum of Under- standing (MOU) with Cupertino's Community Services to coordinate the registration and use of registered and spontaneous, unaffiliated volun- teers during a disaster. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Local Schools. Develop a Memorandum of Understanding (MOU) with De Anza College, Fremont Union High School District and the Cupertino Unified School District regarding shelter operations. Shelter Providers. Prepare an agreement with designated shelter sites to provide space for emergency supply containers. AMATEUR RADIO OPERATORS Cupertino Amateur Radio Emergency Service (CARES) coordinates exten- sive city-wide communications capability and connects neighbors, public safety, special districts, City and County Departments. CARES is a volunteer organiza- tion and space is provided for their operating equipment in the City EOC and alternate EOC. Policy 6-36: Amateur Radio Operators Continue to support training and cooperation between the City and Cupertino Amateur Radio Emergency Service (CARES) to prepare for emergency communications needs. EMERGENCY OPERATIONS CENTER The Emergency Operations Center (EOC) is located on the lower floor of City Hall. It is designed to be fully functional within 30 minutes of activation. Capabilities include emergency backup power, computer network, internet ac- cess and telephone and radio communications to City and County sites. Addi- tional communication support is provided by volunteers from Cupertino Amateur Radio Emergency Service (CARES). The alternate Emergency Opera- tions Center is located at the Service Center on Mary Avenue. Policy 6-37: Emergency Operations Center Train identified city employees on their functions/responsibilities in the EOC. COMMUNITY PREPAREDNESS Keep the community well informed and prepared on how to cope with catastrophic events. Policy 6-38: Emeergency Public Information Develop and maintain an Emergency Public Information program to be used during emergency situations. Strategies 1. Communication Methods. Use the local TV channel, the Internet and other communication methods to transmit information to the citizenry. 2. Public Information Office. Activate the Public Information Office either in the emergency Operations Center or in City Hall as quickly as possible. CITY OF CUPERTINO DRAFT GENERAL PLAN 6-31 6-32 I-IEALTH AND SAFETY Policy 6-39: Community Preparedness Provide training to the community on self-preparedness for emergencies. ACCESSIBILITY TO MEDICAL FACILITIES An earthquake of significant magnitude could temporarily isolate Cupertino from major full-service hospitals (Figure 6-F). City personnel, paramedics and local physicians will have to administer first aid until access to the major full- service hospitals is reestablished. Policy 6-40: Disaster Medical Response Coordinate with local emergency clinics to provide disaster medical re- sponse. Strategy: Memorandum of Understanding. Develop a Memorandum of Under- standing with local emergency clincs. Potential Figure 6-F. Areas Potentially Isolatable in a Seismic Emergency. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY 6-33 Flood Hazards Floods are surface hydrological hazards that can have a significant, and sometimes, long lasting effect on a community. They can cause substantial prop- erty damage, and sometimes loss of life. Nationally, annual losses from floods generally exceed losses from other natural disasters. Floods can originate from various sources: heavy rainstorms, landslides and/or dam failure. Regardless of their source, their impacts on a community can be devastating. Precautionary measures must be taken and preventive meas- ures must be in place to prevent and/or minimize potential damages related to floods. GOAL K PROTECTION FROM RISKS ASSOCIATED WITH FLOODS Policy 6-41: Evacuation Map Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the general public. Flood Hazards from Rainstorms Rain related floods are seasonal. They are the most common type of floods, and usually occur during those periods of extended heavy rainfall. One of the contributory conditions to flooding in the urban environment is the reduced per- colation potential of the land, caused by increased development and/or paving. During extended periods of heavy rainfall the open/undeveloped lands are in- sufficient to absorb the rainfall and become saturated. Once the soils are satu- rated rainfall will sheet flow toward the lower elevations, seeking available outlets. If an adequate storm drainage system is not in place to dispose of the surface runoff, the end result of the excessive runoff will be floods. Flood Hazards From Landslides Landslides can generate floods by creating water basins. In Cupertino a landslide could occur within a steep ravine at the fringes of the foothills in the more mountainous terrain of the Urban Service Area boundary. In the event such a landslide were to occur in a ravine serving a relatively large watershed, the natural flow of water would be blocked off and water would collect behind the blockage created by the landslide. If appropriate spillways are not provided to relieve the pressure being exerted on the blockage, it could collapse, causing large volumes of water to precipitate down the ravine, causing injuries to people and/or damaging property. Landslides can also create floods by failing into a dam and/or reservoir displacing large volumes of water and spilling into the adjacent areas. Such landslides can also create seiches (the sloshing action within an enclosed or semi-enclosed body of water), which in turn can create large waves topping the levees and flooding downstream, causing property damage CITY OF CUPERTINO DRAFT GENERAL PLAN 6-34 I-tEALTH AND SAFETY and injury to developments and residents downstream. Fortunately, the water- sheds in this area are relatively small, so the risk of floods caused by landslides is minimal. Flood Hazards From Dam Failure Flooding resulting from dam failure is yet another hydrological hazard. Causes for dam failure are numerous. They include inadequate design, construc- tion deficiencies, and sometimes poor bearing soils. Dam failure resulting from seismic events are rare. Policy 6-42: Emergency Response to Dam Failure Ensure that Cupertino is prepared to respond to a potential dam failure. Strategy: Emergency and Evacuation Plan. Maintain a dam emergency and evac- uation plan. Multiple Occurrences Floods whether related to rainstorms, landslides or dam failure are inde- pendent events, but could also occur simultaneously. For example, a landslide could occur during a flood caused by a heavy rainstorm as a result of the land becoming saturated, possibly weakening the structural integrity of the hillsides or causing displacement of a large amount of stored water. And while the com- bination of rainstorm related flood and a landslide is not totally improbable, the likelihood of a seismic event that could rupture a dam also occurring at the same time is remote. Infrastructure With the exception of some the older areas of the planning area, such as Monta Vista, the City is served by a storm drainage system to accommodate a 10- year flood, and the City now requires that all new development adhere to this standard. In addition, the City proposes to upgrade the key parts of the older system through a long-term capital improvement program, including a project to specifically provide a storm drain system for the Monta Vista area. The City has not studied in detail the carrying capacity of the existing sys- tem, but it is estimated that it could accommodate the runoff from a 10-year to a 40-year flood, although there would be some overflow that would run along the street gutters but ultimately dissipate into the major storm channels and creeks able to accommodate a 100-year storm. Heavier storms may cause some flooding of yards, but flooding of buildings would be extremely unlikely. As previously CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY mentioned, there are a few areas of the City, such as Old Monta Vista and older areas next to the foothills, that are not protected by a storm drainage system. These areas would be subjected to flooding, but it is difficult, if not impossible, to predict the location and extent of the effect of the flooding in these smaller iso- lated areas. The extent of property damage caused by flooding in these areas .would be commensurate to the intensity of the flooding, but the risk of loss of life ~s virtually non-existent. Sediment deposits increase flood risks because they clog the drainage sys- tem as well as the natural percolation function of the streambeds, which replen- ish the underground water table. Sediment is caused by natural erosion as well as erosion induced by development, mostly in the hillsides. Removing sediment from the drain lines is a major expense to the City. Preventive measures, such as the City's Residential Hillside Ordinance require private hillside construction to install erosion control measures on all cut-and-fill slopes, including roadways, driveways, and house pads, help to minimize the problem. Most water-storage facilities shown in Figure 6-G are designed to with- stand ground shaking. If the magnitude of ground shaking was not previously assessed or if the water facilities were designed before new standards were de- veloped, their structural integrity should be assessed. The City owns three tanks, but they are being leased to the San Jose Water Company. The San Jose Water Company is responsible for the maintenance and safety of the tanks. The City should work closely with the owners of other tanks and the San Jose Water Company to ensure that the structural integrity of all the tanks is maintained in accordance with the latest seismic engineering standards and that an evaluation of the possible areas of flooding be conducted. 6-35 Acceptable Level of Risk An acceptable level of risk is the chance one is willing to accept weighed against the probability of the occurrence of an event that may cause property loss or injury. It is a conscious decision that takes into account the cost/benefit ratio of risk reduction. Risk reduction is proportionally related to cost, the lower the risk, the greater the cost. Flood risks within Cupertino and its planning area are relatively low. There are a number of water storage tanks existing in the hillside areas (see Figure 6-G) that have the potential to inflict property losses and injuries to residents of homes existing in their proximity in the event of failure. However, the probabil- ity of their failure is considered to be very low; consequently, they are considered to be a minimal risk. The largest body of water within the area is the Stevens Creek Reservoir, and the probability of its failure is minimal. Figure 6-G depicts the extent of the inundation potential resulting from the failure of made-made water storage facilities. CITY OF CUPERTINO DRAFT GENERAL PLAN 6-36 HEALTH AND SAFETY Flood Plain Stevens Creek and its streamside are among the natural elements that have the most influence on Cupertino's character. The creek strongly defines the boundary between the urban and rural parts of the City, extends a note of un- spoiled beauty into the heart of the developed valley floor and gives many resi- dents and visitors a space for play, relaxation or study of the creek's plant and animal life. Other creeks traversing the City are Permanente Creek, Regnart Creek and Calabazas Creek. These creeks collect surface runoff and channel it to the Bay. However, they also pose potential flooding risks should their levees be topped as a result of heavy runoff. Land uses in the flood plain should allow the public access to the creek, but materials that would restrict the free flow of the creek waters or significantly disturb the riparian environment should be prohibited. The Santa Clara Valley Water District and the City of Cupertino are actively involved in programs to minimize the risk of flooding. The City developed a flood plain land use policy for the non-urbanized flood plain of Stevens Creek south of Stevens Creek Boulevard. This ensures the preservation of the 100-year flood plain and the protection of the riparian corridor along this portion of Ste- vens Creek. The City and the Water District developed a flood management program for the flood plain of Stevens Creek between Interstate 280 and Stevens Creek Boulevard. The strategy is to keep the natural environment of Stevens Creek, al- though structural improvement may be necessary to protect properties from a 100-year flood. The majority of the people living in the Phar Lap Drive and Cre- ston neighborhoods have a high flood risk, but they are partially covered by the Federal Flood Insurance Program. The Santa Clara Water District has now completed the construction of the Calabazas Creek Project, which included the construction of a conduit across In- terstate 280 to reduce the barrier effect created by the freeway itself that was built across the natural flood plain. The scope of the project also included improve- ments that should also minimize the flooding problems in the Miller Avenue area. The watersheds in the Santa Cruz Mountain Range feed into four major streambeds that cross the City: Permanente Creek, Stevens Creek, Regnart Creek, Calabazas Creek. Figure 6-H shows the streambed locations and the extent of a 100-year flood, which has a one percent chance of occurring during any given year. The 100-year flood is the standard design flood accepted by the City, 'the Santa Clara Valley Water District and federal agencies. Policy 6-43: Existing Uses in the Flood Plain Allow commercial and recreational uses that are now exclusively within the flood plain to remain in their present use or to be use for agriculture. CITY OF CUPERTINO DRAFT GENERAL PLAN ~-~EALTH AND ~AFETY 6-37 Facility Failures T~C~f ,Tank : Tank 1 Mil. Gal. i~ -' The Cir~ o~ ~ C~ara ~_/~tercedes T&nks ~_ .... / 12~2 Acre Feet J ~ 4 Mil. Gal. 1 / ...) Reservoir Reglin Tanks 20 Mil. Gal. The C~ o/'.~n J~ ~ LEOEND .....  F lood Limit Line Natural or Man-Made Water Course [-~ City Boundar~ .... Urban Service Area Boundary Sphere of Influence --'-- Boundary Agreement Line ~ Unincorporated Areas Note: Flood inundation area for failure of Stevens Creek Reservoir is based upon maximum 3700 acre feet storage capacity. Figure 6-G. Failure of Facilities. CITY OF CUPERTINO DRAFT GENERAL PLAN 6-38 HEALTH AND SAFETY l O0-Year Flood T~C~of Contained In T~ c~ q Channel s~c~ ,f Figure 6-H. lO0-Year Flood. T~ C~ of San Jo~ Flood Contained In Channel : LEGEND .... Flood Limit Line for a '100-Year' Event ~ Naturalor Man-Made Water Course ~ City Boundary .... Urban Service Area Boundary Sphere of Influence ~'~ Boundary Agreement Line ~ Unincorporated Areas Note: Detailed Mops of 100- Year Flood Evem Are Available at City Hall CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Policy 6-44: New Construction in Flood Plains Adopt stringent land use, zoning and building code regulations limiting new construction in the already urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator. Strategies: Finish Floor Level. Install the first floor finish level of all habitable space of new construction above the inundation level of a projected 100-year flood. Description of Flood Zone Regulation. Publish a description of flood zone regulations and a map of potential flood hazard areas in the Cupertino Scene. Policy 6-45 Dwellings in Nat~ural Flood Plain Regulate closely all types of habitable development in natural flood plains. This includes prohibiting fill materials and obstructions that may increase flood potential downstream or modify the natural riparian corridors. Policy 6-46: Hillside Grading Restrict the extent and timing of hillside grading operation to April through October. Require performance bonds during the remaining time to guar- antee the repair of any erosion damage. All graded slopes must be planted as soon as practical after grading is complete. Policy 6-47: Stability of Existing Water Storage Facilities Assure the structural integrity of water storage facilities. Strategy Coordination with other Agencies. Work closely with the San Jose Water Company and owners of other water storage facilities to develop and im- plement a program to monitor the stability of all existing water storage facilities and related improvements, such as: distribution lines, connec- tions and other system-components. 6-39 CITY OF CUPERTINO DRAFT GENERAL PLAN 6-40 HEALTH AND SAFETY NOISE POLLUTION Freedom from excessive noise is a major contributor to a high quality of life. This section gives a policy framework for guiding future land use and urban de- sign decisions and contains a system of control and abatement measures to pro- tect residents from exposure to excessive or unacceptable noise levels. The noise environment is an accumulation of many different sources, rang- ing from common machinery to the major source, street and freeway traffic. The degree to which noise is irritating depends on a variety of factors, some inde- pendent of the noise source itself. Time of day, background sound level, the lis- tener's activity and surrounding land use can all influence the degree to which a particular sound is perceived as annoying. Value judgments also enter into toler- ance for urban sound levels. Most people tolerate emergency sirens and loud lawnmowers because they represent necessary actions, public safety and neigh- borhood upkeep. However, loud noises from cars with defective or modified mufflers are usually perceived as annoyances. Overall noise levels seem to be increasing despite efforts to identify and regulate noise sources. An increasing population density affects traffic on exist- ing roads and construction of new roads, e.g., 1-85, which opened since the past General Plan was prepared in 1993, raised overall noise levels. It is not possible to control all noise sources within Cupertino, but some regulation is needed to offset negative results of excessive noise. Community Noise Fundamentals A more comprehensive discussion of community noise is provided in the technical appendix. This discussion addresses only the basic nomenclature and concepts necessary to understand the technical portions of this noise element. Noise is unwanted sound, and is therefore a subjective phenomenon that depends upon the listener's attitude toward the sound. The three elements of community noise are noise level, noise spectrum and variation in noise level with time. Noise level is measured in decibels (dB). Every noise is composed of vari- ous frequencies that define the character of the noise. Since human hearing is more sensitive to the higher speech frequencies, the A-weighted frequency net- work is applied, according to national and international standards, to adjust the measured noise level to more closely relate to human perception of loudness. Effec.tive !and use planning requires a means to assess various time-varying noise environments for their suitability for various land uses (e.g., housing, commercial, retail, industrial). Different noise environments have different time- varying characteristics; for instance a freeway may emit a fairly constant noise level for long periods while an airport may emit many short-term high level noise events punctuated by extended periods of quiet. To provide a standard measure for community noise exposure the State of California has adopted the CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Community Noise Equivalent Level (CNEL) as the standard metric (21CAC5000), and is used in this noise element. The CNEL metric is a 24-hour energy average measure that penalizes evening and nighttime noise, and provides a uniform measure for various time-varying noise environments in a way that generally relates to community annoyance over noise. 6-41 Representative Sounds and Sound Levels Comrnunl~j Home or Industrj (Outdoor) (Indoor) Amphltheaf~r roc~ muli¢ (100~ .... .,~ Permanent Hearing Damage Threshold of Pain I ~ machine Ambulance sken (100') Coal-tired power plant Food b~e~der __.__ Airline passenger compartment Vacuum cleaner (3~ Data Ixocessing center C~en plan ~siness of~e Priva# office Quiet bedroom at night Threshold of Hearing A-Weighted Sound Preaeure Level, In decibels (dB) Figure 6-I. Typical Sound Levels Measured in the Community, Industry, and CITY OF CUPERTINO DRAFT GENERAL PLAN 6-42 HEALTH AND SAFETY Noise Contours Noise contour maps are created for land use planning purposes. The con- tour maps give a visual representation of the noise environment in Cupertino. The noise contours are conservative, meaning that the contours are modeled with minimal noise attenuation by natural barriers, buildings, etc. The noise level measured at a specific location may be lower than what is shown on the noise contour map. The purpose of noise element contours is to identify a need for ad- ditional acoustical investigations. Two sets of CNEL noise contours were created: present day conditions (Year 2000) and future conditions (Year 2020). The future conditions were based upon projected housing unit growth of 23% (4,761 units) and projected job growth of 13% (5,792 jobs). The following figures, 6-J and 6-K, represent Existing Year 2000 and Future Year 2020 noise contour maps, respectively. These contours indicate only a slight increase in noise levels. Noise Monitoring In order to characterize the noise environment in Cupertino, existing noise conditions in Cupertino were measured at six locations for a period of twenty- four hours. The following Table, 6-E, summarizes each measurement's location and corresponding CNEL value. Table 6-E: Noise Monitoring Summary. Location CNEL Value Stevens Creek Blvd at Vallco Financial Ctr. Stevens Creek Blvd. East of De Anza Blvd. South Stelling at Tomki Ct. Stelling North of 1-280 Foothill Blvd. at Silver Oak Wy. Bollinger Rd. West of Miller Ave. 69 dB 72 dB 73 dB 72 dB 76 dB 73 dB CITY OF CUPERTINO DRAFT GENERAL PLAN I-IEALTH AND ~;AFETY 6-43 Noise Contours - 2000 T~ Ct~ or' Sam Clara -- LEGEND ........... 70 dB -- 65 dB -- 60dB ---'-----I City Boundary .... Urban Service Area Boundary Sphere of Infloence ----- Boundary Agreement Line ['---~ Unincorporated Areas Figure 6-J. Cupertino CNEL Contours - Existing (Year 2000). CITY OF CUPERTINO DRAFT GENERAL PLAN 6-44 HEALTH AND SAFETY Noise Contours - 2020 .J TM C~ of Sarma LEOEND ~' , 70dB 65 dB 60 d8 City 8oundaty Urban Service Area Boundary Sphere of influence Boundary Agreement Line F--~-~ Unincorporated Areas Figure 6-K. Cupertino CNEL Contours - Future (Year 2020). CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Land Use Compatibility Many undesirable noise effects can be reduced or avoided if noise condi- tions are considered when assigning uses to specific land parcels. Noise cannot and should not be the primary factor considered in land use analysis, but the City should strive to match land uses to compatible noise levels. Compatibility may be achieved by locating land use types outside of desig- nated noise impact areas or by requiring modifications including setbacks, sound walls, building insulation or landscaping. The Cupertino Municipal Code, Section 10, outlines the maximum noise levels on receiving properties based upon land use types. GOAL L A COMPATIBLE NOISE ENVIRONMENT FOR EXISTING AND FUTURE LAND USES Policy 6-48: Land Use Decision Evaluation Use the Land Use Compatibility for Community Noise Environments chart and the City Municipal Code to evaluate land use decisions. Strategy Noise Review of New Development. Review the proximity of new or significantly remodeled housing to the traffic noise corridor by using the noise contour map and review the results of previous noise standards to see if the standards can be complied with through conventional construc- tion practices. If there is not enough information, the staff may ask the developer to provide an acoustical analysis along with the application. CITY OF CUPERTINO DRAFT GENERAL PLAN 6-46 I-IEALTH AND SAFETY SMIIt Family, IlWll aom~ i ~1~ ~ me b ~, ~d- ~ i ~ b~ ~n ~u~mp~on ~ta~ Ckl~, ~S~ New ~m~cdon ..... ~ d~ a~is dee ~ r~u~n A~IWdo~ Cl~d ~ ~ ~ ~ n~Te I~n fei~. included In but w~ ~P~¥ s~ or air ~di~nl~ I ~e~ ~ New co~cdon or dewiest ........ n~ ~n~ion Or d~l~e~ n~ ~n ~k~m~ mu~ be CIm~M led l Cl~fl~ Un~fe New ~cdon o~ de~l~t Source: State of California's ~ 1998. Figure 6-L: Land Use Compatibilit~d for Community Noise Environments. Transportation Noise Traffic noise is the greatest contributor to noise pollution in Cupertino and one of the most difficult to control through local effort. Two major freeways and three major arterial streets cross Cupertino. Cupertino is fortunate that significant portions of Highways 85 and 280 are recessed, because this helps lessen noise in the surrounding neighborhoods. Freeway noise, at a constant but subdued level, is less of a direct threat to neigh- bors. Commuters use De Anza Boulevard and Stevens Creek Boulevard heavily and greatly increase local traffic congestion, air pollution and noise. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY When the Municipal Code allowing maximum noise levels are compared to the existing noise levels (Figure 6-J--Existing (Year 2000) Noise Contours), the majority of locations are currently experiencing noise levels above the maximum allowable. New development in these areas will be required to build and incorporate design strategies outlined in the policies of this document to meet the maximum allowed internal and external noise levels. GOAL M REDUCED NOISE IMPACT OF MAJOR STREETS AND FREEWAYS ON CUPERTINO RESIDENTS Policy 6-49: Freeway Design and Neighborhood Noise Ensure that roads and development along 1-85 and 1-280 are designed and improved in a way that minimizes neighborhood noise. Policy 6-50: Stricter State Noise Laws Support enactment of stricter state laws on noise emissions from new motor vehicles and enforce existing street laws on noise emissions. Policy 6-51: Neighborhood Need Priority Review the needs of residents for convenience and safety and make them a priority over the convenient movement of commute or .through traffic where practical. Policy 6-52: Traffic Calming Solutions to Street Noise Evaluate solutions to discourage through traffic in neighborhoods through modified street design. Examples include meandering streets, · diverters, landscape islands and wide parking strips. Strategy Local Improvement. Modify street design to minimize noise impact to neighbors. 6-47 CITY OF CUPERTINO DRAFT GENERAL PLAN 6-48 HEALTH AND SAFETY Train and Aircraft Noise Trains and aircraft do not contribute much to noise in Cupertino. Aircraft flying into Moffett Field Naval Air Station are restricted to the northeastern cor- ner of Cupertino, affecting some residents of the Rancho Rinconada neighbor- hood. Cupertino's one railroad line passes through the Monta Vista neighborhood and connects with the Hanson Permanente Plant in the Western foothills. There is one train three times a week (2 trips - one in, one out), which occurs usually in the afternoon or early evening hours. Noise levels associated with the trains are approximately 85-90 decibels at a distance of 50 ft. from the track for a period of two minutes. There are no noise protection devices along the rail corridor, and if increases in rail activity occur, other mitigation may be re- quired. Truck Traffic The most crucial example of traffic noise intrusion on the quality of neigh- borhood life is the effect of heavy-duty truck trips .to and from the Hanson Per- manente Cement Plant and Stevens Creek Quarry located in the western foothills near Stevens Creek Boulevard and Foothill Boulevard. There are about 1,400 trips each working day, which generate noise levels up to 90 dB next to the road. When trucks speed up, slow down or use their high-powered brakes on the un- usually steep road, the truck noise problem is worsened. Policy 6-53: Noise Improvement by Restricting Trucks Work toward improving the noise environment along Foothill Boulevard and Stevens Creek Boulevard by restricting quarry truck traffic especially during late evening and early morning hours. It is preferable that the re- strictions be voluntary. Encourage alternative to truck transport, specifi- cally rail, when feasible. A study prepared by profes- sional acoustical engineering consultants suggested a series of measures to diminish noise for homes along the truck traffic cor- ridor. Reducing truck travel and carrying out these measures could give some relief to the residents most severely affected. CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY Policy 6-54: Reduction of Noise from the Hanson Permanente Trucks Work to carry out noise mitigation measures to diminish noise from the Hanson Permanente truck traffic for homes near Foothill and Stevens Creek Boulevards. These measures include regulation of truck speed and the volume of truck activity. Strategy Restrictions in the County's Use Permit. Coordinate with the County to restrict the number of trucks, their speed and noise levels along Stevens Creek Boulevard, to the allowed in the Use Permit. Ensure that restric- tions are monitored and enforced by the County. Policy 6-55: Road Improvements to Reduce Truck Impacts Consider road improvements, such as medians, landscaping and the ad- dition of bicycle lanes to reduce quarry truck impacts. 6-49 Non-Transportation Noise Sources Noises not generated by traffic are typically stationary anti/or sporadic. They have a relatively minor effect compared to traffic noise, but noises such as permanent equipment (refrigeration or air conditioning units or other related pumps), barking dogs and rattling of garbage cans when people are trying to sleep can be annoying and disruptive. Complete regulation of these noises is un- likely, but the City can work to protect neighborhoods from excessive noise and require compliance with the noise standard during the evening and early morn- Lng, when ambient noise levels tend to be lower. Short-term noise sources are also disruptive. Temporary activities such as construction can often last for several months and generate a substantial number of complaints. Some are unavoidable, but superior muffling devices for con- struction equipment can reduce noise from jackhammers, portable compressors and generators. City ordinances control the days and hours of construction op- erations. Policies are provided to limit noise levels. In several cases building con- struction is stopped during evenings and weekends. Adjoining Dissimilar Land Uses People who live near commercial loading docks often complain of late night and early morning disturbances. Similarly, sounds from automobile repair shops and general manufacturing processes often annoy those who live near industrial areas. Economic and property rights interests of these businesses must be bal- anced with the community's need for a quiet environment, and should be stud- ied carefully at the beginning of a commercial or industrial project that will adjoin homes. CITY OF CUPERTINO D~FT GENERAL PLAN 6-50 HEALTH AND SAFETY GOAL N RESIDENTIAL AREAS PROTECTED AS MUCH AS POSSIBLE FROM INTRUSIVE NON-TRAFFIC NOISE Policy 6-56: Commercial Delivery Areas Be sure new commercial or industrial developments plan their delivery areas so they are away from existing or planned homes. Policy 6-57: Delivery Hours Actively enforce Section 10.48 of the Municipal Code limiting commercial and industrial delivery hours adjoining residential uses. Policy 6-58: Noise Control Techniques Require analysis and implementation of techniques to control the effects of noise from industrial equipment and processes for projects near homes. Policy 6-59: Hours of Construction Work Restrict non-emergency building construction work near homes during evening, early morning, and weekends by enforcing the noise regulations in the Municipal Code. Policy 6-60: Construction and Maintenance Activities Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the day, for weekdays, weekends and holidays for construction activities. Require construction contractors to use only construction equipment incorporating the best available noise control technology. Noise Attenuation Reducing noise intrusion into residences can be accomplished in the same way homes are insulated against cold. Leaks around doors, windows, vents or through open fireplace dampers, as well as single-glazed windows and lack of seals or weather-stripping, increase noise intrusion and can be remedied. Sound is pervasive in cities and it's difficult to control exterior noises. Different noise control techniques can be used with varying degrees of suc- cess. Each site should be evaluated to find the best combination of noise control devices. Here is a summary of common techniques and their uses. Barriers Sound walls can reduce noise from 5 to 15 dB. Their effectiveness depends on the relative grade of the roadway, the distance of the listener from the center- CITY OF CUPERTINO DRAFT GENERAL PLAN HEALTH AND SAFETY line of the nearest road, placement and height of the sound wall in relation to the receptor line, the size and location of the area to be protected and the frequency of the noise source. The barrier is more successful with higher-pitched noise and is usually more effective when located close to the source or to the listener, as- suming that both are below the top of the barrier. Sound walls can be unattractive and can enclose or separate neighborhoods. Landscaping is a less expensive and effective way to make the walls more attrac- tive and will also reduce sound reflection from the walls. Evergreen and vines should be planted along the roadway side. Reflection can increase noise levels on the opposite side by as much as 5 dB. Policy 6-61: Sound Wall Requirements Exercise discretion in requiring sound walls to be sure that all other measures of noise control have been explored and that the sound wall blends with the neighborhood. Sound walls should be landscaped. Landscaping And Setbacks Landscaping and setbacks for small properties do not work well in reducing noise. Plants and trees are not dense enough to prevent airflow. Setbacks must be substantial to make a difference in noise. Noise attenuates about 3 dB for heavy traffic and about 6 dB for light traffic every time the setback from the centerline of the roadway is doubled. 6-51 Building and Site Design Building and site design techniques can control noise effectively in new de- velopments or when existing buildings are modified. Sensitive areas can be set back or buffered by buildings, parking or recreation areas. Homes can use rooms such as kitchens, bathrooms and garages to buffer the more sensitive bedrooms and living rooms. Buildings should face solid walls onto the noise source and be sure that no vents or other air leaks face the noise source. INSULATING BUILDINGS FROM NOISE Conventional building practices typically achieve exterior-to-interior noise reductions from adjoining roadways of about 10 dB with open windows and 20 dB with closed windows. Considerably higher noise reduction is possible with specialized acoustical design and construction. CITY OF CUPERTINO DRAFT GENERAL PLAN 6-52 HEALTH AND SAFETY Table 6-F shows noise reduction from typical building types Table 6-F. Approximate Exterior-to-Interior Noise Reduction Achieved by Struc- tures. Bldg. Type Window Condition Exterior-to-Interior Maximum Exterior Noise Reduction CNEL Value for 45 dB Interior CNEL Value All Open 10 dB 55 dB Light Frame Ordinary sash, closed 20 dB 65 dB Masonry Single pane, closed 25 dB 70 dB Masonry Sound-rated windows, closed 35 dB 80 dB GOAL O BUILDINGS DESIGNED TO DIMINISH NOISE Policy 6-62: Building Code Sections on Exterior NoiSe Intrusion Require the City Building Department to enforce all sections of the Cali- fornia Building Code for exterior sound transmission control (Sec. 1208A.8.1). Specifically, require for all proposed multi-family residential sites to determine if the exterior CNEL noise environment exceeds 60 dB; if so, require as a building permit requirement that the design ensure a maximum interior noise environment of 45 dB. This must be accom- plished while also complying with the ventilation requirements of the Bfiilding Code, thereby requiring addition of a mechanical ventilation system for some projects. Require as a condition of an occupancy permit that the construction be tested to demonstrate compliance with the exte- rior noise requirement. Policy 6-63: Building Code Sections on Interior Noise Encourage the City Building Department to enforce all sections of the California Building Code relating to interdwelling sound transmission control (Sec. 1208A.1.6). Specifically, require as a building permit re- quirement that all proposed multi-family residential projects are designed to ensure that wall and floor-ceiling assemblies comply with the airborne sound insulation and impact sound insulation requirements of the Code. Require as a condition of an occupancy permit that the construction be tested to demonstrate compliance with the Code requirements. Policy 6-64: Application of Policy 6-61 to New Single-family Homes Consider applying the California Building Code requirements for exterior sound transmission control (Sec. 1208A.8.1) to construction of new single- family housing. CITY OF CUPERTINO DRAFT GENERAL PLAN