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CC Resolution No. 4729 , ~ ~ ' r~soL~ ~z~~~: . A RESOLUTION OF THE CITY COU:~CIL OF THE CITY OF CLTEP.TINO REQUESTING APYROVAL FROM THE STATE OF C~ILIFOR'vIA OFFICE OF PLANNINC AND RESEARCH, A ONE YEAR E:{TESSIOS OF TIME TO COMPLETE THE NOISE, SEISPfLC SAFETY, PUBLIC SAFETY, AND SCENIC HICHWAYS GENERAL PLAN ~LE'`~ENTS WHEREAS, the City of Cupertino Planning Coff.mission and City Council have conducted over 200 hearings beginning in 1972 and ending in February, 1978 regarding General Plan Land Use Elements involvin~ a 1,000,000+ sq. ft. regional shopping center, a 150 acre mixed land use plan, a 50 acre mixed use Town Center development, a Flood Plain Management Plan, and 9,300 acre Hillside Plan; and WHEREAS, said General Plan Amendments were labeled "Land Use Element Amendments, said amendments have actually incorporated other General Plan Element considerations rela[ed to circulation, housing, open soace, seismic safety, public ' safety (fire and flood risk) and scenic highways; and WHEREAS, [he City Planning Commission is currently conducting public hearings to consider a comprehensive, intzrnally consistent General Plan comprising all nine elements and several permissive elements; and WHEREAS, the City of Cupertino has held a public hearing regarding said request for extension, giving all interested persons the opportunity to be heard; and WHEREAS, the City of Cupertino is not involved in litigation concerning or related to the completeness or adequacy of its Ceneral Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby request approval of a one year extension of time to complete a Comprehensive plan incorporating the content requirements for each of the nine manda[ed elements. The required attachments for completion of the General Plan Element extension request are hereby described in Exhibit A, attached. PASSED AND ADOPTED at a regular meeting oi' the City Council of the Ci[y of Cupertino this 19th day of June , 1978, by the folloving vote: Vote Members of the City Council AYES• Meyers, Sparks, .Iackson NOES: None ABSENT: 0'Keefe, Rogers ABSTAIN: None ~ APPROVED: , , ino ATTEST: City Clerk • E:~I I B I T n • ATTACH:fE\T IN SUPPORT OF REnUEST FOR E\TE:vSiO:~ OF TIPiE FOR COMPLETION OF GENERAL PLAN ELE`1E~TS 1. Reason Whv the Seismic Safetv, Noise, Public Safetv, and Scenic , Hi~hwavs Element have not been Adopted. i The City of Cuper[ino Planning Commission and City Council have been faced with diverse and complex General Plan Land Use issues during Che past four years including: . An evaluation of physical, social and economic impacts ! of a 1,020,000 sq. ft. regional shopping center. i ~ . A 150 acre, multiple ocmership, multiple land use, planned ' development. . A Flood Plain Management Plan designed to preserve a natural stream bed and attendant wa[er percolation capabilities. . A hillside plan encompassing 14 square miles and incorporating a complex slope density formula to regulate land use intensit} based upon slope steepness. . A,joint City/County specific plan for a large, established County island located in [he City's Urban Service Area. The hearings for the above listed planning efforts scanned six years and involved over 200 separa[e public hearings. Although the above planning efforts primarily involved Land Use Element revisions, each plan review included an analysis of the relationship of land use to housing demand and supply at various price levels, af public safety considerations related [o flood, seismic and fire risks, and to fiscal impac[ analysis. The Land Use Element revisions additionally incorporated a detailed analysis of the relationship of land use intensity to traffic capacity of major stree[ network and private and public utilities. The staff time and public hearing time allocated to the above planning effort precluded the City from adopting separate Noise, Seismic Safety, Public Safety and Scenic Highways Elements. However, as indicated above, the planning objectives embodied in the incompleted elements were considered in the above referenced "land use" element revisions. 2. Existing and Proposed Policies and Procedures [o Ensure that Development and , Other PlanninR Related Requests Will be Evaluated Consistent wi[h Existing and PendinR Elements. a. Seismic Safety The City re[ained William Cotton and Associates, a Consulting Engineering Geologist, to aesist the comnunity in the preparation of its Seismic Safety Elemen[. Mr. Cotton has prepared a background report which includes -1- ~ ~ a seisaic na~ards :aan. Said ^ap idencifies cne degree of ~eologic and soils investigative ~aork required for a develooment request for each , hazard zone category. The map is currently used by staff to guide new development, including building perr.iits. The City has an established procedure whereby William Cotton and Associaces prepares a scope of work for each development application requiring a geologic investigation. The applicant subsequently retains a private engineering geologis[ to prepare a geological report. William Cotton and Associates revievs each report and makes appropriate recommendations prior to City approval of an application for development. The procedure is used for all developme~t requests including building permits. ' The geologic procedure outlined above is embodied in [he City's Hillside General Plan. b. Public Safety In addition to the geologic procedure, the City has adopted a Uniform Fire Code and a"Fire Hazards Area Map" in conjunction with its General Plan Land Use Element review. The map was prepared based upon consultation with the County Fire N.arshall, the Central Fire Distxict (local fire protection agency) and the State Division of Forestry. The City's Hillside Subdivision Ordinance requires secondary fire access roads for hillside development and adequate vater systems to provide needed "fire flows". The secondary road and wa[er system requirements have been imposed on all hillside developments approved subsequent [o the Hillside Plan adoption. The Stevens Creek Flood Plain Plan describes the "100-year" flood plain for Stevens Creek. The plan contains land use policy prohibi[ing urban development in the floodway and provides a development transfer system for owners of residentially designated land within the floodway. The plan further ensures [hat current private recreation uses in the floodway caruiot be converted to urban use. The City has additionally acquired 21 acres of land in the floodway based upon the Open Space Element objective (recently imposed funding limitations may require amendment of the Open Space Acquisicion Plan). Three residential developments have been reviewed and approved based upon Flood Plain Plan policy. In 1971, the City of Cupertino adopted an emergency plan establishing an organization to deal with na[ural and man-made disasters and emerRency conditions. The City participates in yearly emergency simulation drills sponsored and administered by the County Office of Emergency Preparedness. The Emergency Planning Program will be incorporated in[o [he Public Safety Element. c. Noise Element In 1974 and 1975, two volunteer management grovps from Lockheed Corporation conducted an extensive noise survey for the community. The survey consisted of a continuous 24-hour noise measurement reading for 24 locations. The _2_ ~ ~ City 1s curzently compiling the noise survey work with Cal Trans da:a :or [he freeuay system and various independen[ noise reports filed for private develooment orojects. The City requires acoustical evaluacions for all residential developments located on a"select street" or proposed to be loca[ed adjacent to a commercial or industrial facility. Conversely, all non-residen[ial development applications are required [o provide an acoustical report if the project is proposed to be located adjacent to or in close prwcimity to a residential development. The City utilizes the California Administrative Code Title 25 Noise Level Standards for all residential developments including detached residen[ial developments. Noise at[enuation design [echniques and materials are utilized to ensure that [he internal and external living environments are in compliance with the Title 25 requirement. Noise attenuation solu[ions are proposed by acoustical consultants on a case-by-case basis. d. Scenic HiQhwavs City of Cupertino's Open Space, Conservation and Recreation Element describes roadways aelec[ed for inclusion into the Scenic Highways Element; hovever, the Open Space Element does not contain standards and programs [o pro[ec[ scenic corridors. The City's Land Use Element to the General Plan contains a policy requiring a cons[ant landscape setback on North De Anza Boulevard and S[evens Creek Boulevard~ [he City's major arterials. The City retained a landscape archi[ec[ to prepare precise plans vhich are currently being implemented [hrough private development. The Ceneral Plan contains policies pro- hibiting or severely limiting curb cuts on major boulevards so as to protect the integrity of che landscaped setback and to increase traffic- carrying efficiency of the roadways. The City's landscaping beautifica[ion program [ogether vith the sign program and anti-curb cut program will be consolidated into the Scenic Highways Element segmen[ for [he urbanized por[ion of the co~unity. Appropriate se[backs and programs to preserve particularly important view corridors from rural roadways will be established in conjunction with the adoption of the Scenic Highvays Element. 3. General Plan BudRet The Planning Department is utilizing a team approach for its General Plan program. The team consiste of five professionals and one non-paid intern. The ~ob ti[le, and proposed [ime allocation for each person is listed below: Job Title Hours Available Per Week Beginning April, 1978 Director of Planninq b Development S Assis[ant Planning Director 25 (Projec[ Coordina[or) Associate Planner 4 Assistant Planner ~ 12 Assistant Planner (Federal Funding) 17 Intern 12 -3- ~ ~ The proposed advanced planninK budget for tiscal year 1978/79 is 82,630. Approximately 50~ of the advanced budget or S40,000 wi11 be allocated to complete the General Plan. Approximately 54,500 is allocated for consulcants. The money will be utilized as follows (money carried over from 1977/78 budget year). Transportation Consultant 53,000 Acoustical Consultant 1,500 4. Work ProRram The four incomplete General Plan Elements will be adopted concurrently in conjunction with the teview and update of the City's five completed mandatory elements and five permissive elements (Recreation, Urhan Design, Public Facilities, Historical, and Social/Economic). The General Plan revision has been labeled "General Plan Consolidation Program". The program has [wo main objec[ives. a. Achieve in[ernal consistency and external consistency with governmental agencies that directly influence Cupertino citizens. b. Develop a strong, realistic implementation program which includes an ongoing review mechanism to enable local decisionmaker to "[est" his or her decision relative to General Plan consistency. Because of the extensive General Plan work accomplished to date including a two year broad based Co~unity Goals Committee effort, the data collection and community needs assessment phases of the General Plan Consolidation phase is nearly complete. As mentioned earlier, even the data collection for the incomplete Seismic Safety, Noise and Public Safety Element work is complete. Staff is currently finalizing the Data Base by upda[ing the needs assessment for housing and updating traffic volume figures on major streets and reassessing traffic generators by zone in order to update computer program used to estimate future lane demand for street system. ' Last year the Planning Co~ission adopted a policy of limiting the second monthiy mee~ing to advanced planning projects. The Covmiission meeting schedule and the staff manpower alloca[ion described in Section 3 above will enable the City staff to complete a first draft plan by the last of August or first of September, 1978. It is anticipated that the Planning Co~ission and City Council Will require three to five months of review time; thus, the Comprehensive Plan will be adopted in December, 1978 or January, 1979. A General Plan outline and schedule is attached labeled Appendix A. -4-