CC Resolution No. 16-009 Directing City Staff to Prepare a Report on the Effects of the Proposed Initiative Pursuant to Elections Code Section 9212RESOLUTION NO. 16-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DIRECTING CITY STAFF TO PREP ARE A REPORT ON THE EFFECTS OF THE
PROPOSED INITIATIVE ENTITLED, "INITIATIVE AMENDING CUPERTINO'S
GENERAL PLAN TO LIMIT REDEVELOPMENT OF THE V ALLCO SHOPPING
DISTRICT, LIMIT BUILDING HEIGHTS AND LOT COVERAGES IN AREAS
THROUGHOUT THE CITY, ESTABLISH NEW SETBACKS AND BUILDING
PLANES ON MAJOR THOROUGHFARES, AND REQUIRE VOTER APPROVAL
FOR ANY CHANGES TO THESE PROVISIONS" AND TO APPROPRIATE FUNDS
FOR THE PREPARATION OF THE REPORT
WHEREAS, on November 24, 2015, the Cupertino Residents for Sensible
Zoning Action Committee submitted to the City Clerk a Notice of Intent to circulate an
initiative petition ("Initiative") and a request for the City Attorney to prepare the
official ballot title and summary; and
WHEREAS, the City Attorney thereafter prepared the official title and
summary for the Initiative and provided it to the Initiative proponents; and
WHEREAS, Elections Code section 9212 authorizes the City Council to
direct City staff to prepare a report on the impacts of the Initiative, including seven
specified types of impacts as well as on "any other matter" that the City Council
requests to be included in the report; and
WHEREAS, the City Council has determined that such a report would
provide valuable information about the Initiative to the Council and to all interested
residents of the City; and
WHEREAS, this is not a project under provisions and requirements of the
California Environmental Quality Act of 1970, together with related State CEQA
Guidelines (collectively, "CEQA'l in that this is administrative action which does not
involve a direct or reasonably foreseeable indirect impact on the physical environment;
and;
NOW THEREFORE, be it RESOLVED:
1. The City Council directs City staff to:
Resolution No. 16-009
Page2
a. Prepare a Report on the effects of the Initiative pursuant to
Elections Code section 9212, addressing each of the impacts specified in subsection
(a)(l)-(7) of that section, to the extent applicable, as well as any other items identified by
the City Council; and
b. Retain, at the direction of the City Manager, any consultants that
the City Manager determines are necessary to complete the Report, in an amount not to
exceed $155,000.00; and
c. Present the Report to the City Council no later than the latest date
authorized by Elections Code section 9212(b ); and
2. The City of Cupertino's Operating Budget for the Fiscal Year 2015/2016 is
hereby amended to appropriate $155,000.00 for the preparation of the Report.
PASS ED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th date of January, 2016, by the following vote:
Vote Members of the City Council
AYES: Chang, Vaidhyanathan, Paul, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
~sL,tt
Grace Schmidt, City Clerk
CITY ATTORNEY'S BALLOT TITLE AND SUMMARY FOR PROPOSED INITIATIVE
SUBMITTED ON NOVEMBER 24, 2015
TITLE: Initiative amending Cupertino's General Plan to limit redevelopment of the
Vallco Shopping District, limit building heights and Iot coverages in areas throughout
the City, establish new setbacks and building planes on major thoroughfares, and
require voter approval for any changes to these provisions.
SUMMARY: As required by State law, the City of Cupertino's General Plan establishes
permissible land uses, maximum development densities, and intensities for all
properties within the City. The City recently completed a multi-year planning effort
that resulted in the adoption of its General Plan (Commtmity Vision 2015 -2040),
intended to guide development through the year 2040.
The initiative amends Cupertino's General Plan in several ways, including
requirements for: the Vallco Shopping District; building heights, setbacks, planes, and
lot coverage in other areas of the City; residential allocation; and the Housing Element.
For the Valko Shopping District, the initiative: (1) removes the General Plan's vision
for the "complete redevelopment of the existing Valko Fashion Mall into a vibrant
mixed use 'town center'" and restates the City's goal as to "preserve and enhance the
Valko Shopping District as a local and regional retail, hotel, dining and entertainment
commercial destination .... "; (2) prohibits residential and office uses; (3) restricts
building heights to a maximum of 45 feet; and ( 4) increases the minimum square
footage of retail/dining/entertainment uses from 600,000 to 1,200,000 square feet.
In other areas of the City, the initiative: (1) prohibits building heights greater than 45
feet except in North Valko Park and South Valko Park Gateway within the Heart of the
City Special Area; (2) adds policies regarding setbacks, 1'stepbacks,11 "building planes,"
and rooftop height extensions citywide; (3) adds specific policies applicable to North De
Anza Boulevard, Stevens Creek Boulevard, and Homestead Road in North Vallco Park;
(4) limits the maximum Iot coverage for projects over 50,000 square feet to 70%; and (5)
reduces the Citywide residential allocation by 146 units.
For the Housing Element, state law requires that every general plan identify priority
housing sites to accommodate that city's share of regional housing needs. The initiative
removes the current General Plan "Scenario A" of priority sites and replaces it with the
General Plan's "contingency plan", "Scenario B". Scenario B: (1) removes the Vallco
Shopping District as a priority housing site; (2) increases residential units allocated to
the Heart of the City and North Valko Park Special Areas: (3) adds two other sites; and
(4) reduces the total number of priority housing units by 14.
The initiative states that it shall not apply to any development project that has obtained,
prior to the initiative's effective date, a vested right pursuant to state law.
It directs the City to amend all other provisions of its municipal code, ordinances, plans,
policies, and resolutions to conform with the initiative within six months.
The initiative states that, except as indicated therein, no provision of the initiative may
be amended without voter approval.
The initiative has no expiration date.
November 24, 2015
Grace Schmidt, CMC
Cupertino City Clerk
10300 Torre Avenue
Cupertino, CA 950 l4w3202
Request for Ballot Title and Summary
Dear Ms. Schmidt,
Cupertino Residents for Sensible Zoning
Action Committee
21701 Stevens Creek Blvd., #1132
Cupertino, CA 95015· 1132
Tel: (408) 221~3552
CRSZaction(ii2gmail.com
In accordance with Sections 9202 and 9203 of the California Elections Code, the undersigned
proponents of the Cupertino Citizens' Sensible Growth Initiative submit a copy of the text of that
measure and a Notice of Intent to Circulate Petition for that measure. We request that a ballot
title and summary be prepared for the measure.
In accordance with Section 9202(b) of the California Elections Code and the City of Cupertino's
Fee Schedule. a payment of $200.00 is attached to this statement. Please send copies of the title
and summary to each of the listed proponents and to the address listed above.
Sincerely,
B k. E 7t Anne roo e -izzat
¥
Xiangchen Xu
Cupertino, CA 95014 I h~ M. Jdk{NI
Steven M. Scharf v·
Cupertino, CA 95014
Date
Date
Date
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their intention to circuJate
the petition within the City of Cupertino for the purpose of amending the Cupertino General
Plan. A statement of the reasons of the proposed action as contemplated in the petition is as
follows:
The proposed initiative measure amends the Cupertino General Plan to promote sensible and
sustainable growth of the City and empowers Cupertino voters to control future changes to key
components of the General Plan.
Major elements include:
L Establish clear citywide standards for development, including maximum heights, and
building planes and required setbacks on major thoroughfares.
2. Restore the Vallco Shopping District as a shopping and entertainment center, and remove the
recently added office and residential components that would interfere with that revitalization.
3. Ensure that large new development projects maintain open space areas by requiring that lot
coverage not exceed 70%.
4. Empower the City's voters by requiring that any change to the important new provisions this
initiative would add must be approved by the voters.
Anne Brooke Ezzat Date ·
Date
Cupertino, CA95014
l~
Steven M. Scharf
Cupertino, CA 95014
CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE
A MEASURE AMENDING THE CUPERTINO GENERAl, PLAN TO ENSURE BALANCED
AND SENSIBLE GROWTH BY MAINTAINING CITYWIDE LIMITS ON THE INTENSITY
OF NEW DEVELOPMENT, PRESERVING AND ENHANCING THE VALLCO SHOPPING
DIS1RICT FOR RETAIL, HOTEL, DINING AND ENTERTAINMENT COMMERCIAL
USES ONLY AND REQUIRING A VOTE OF THE PEOPLE TO MODIFY THOSE LIMITS
AND USES.
TIIE PEOPLE OF THE CITY OF CUPERTINO DO ORDAIN AS FOLLOWS:
PART I. TITLE
This measure shall be called the CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE
PART II. FINDINGS
The people of Cupertino hereby find that
A The City of Cupertino needs binding standards to guide new development within the City,
B. Cupertino's citizens wish to maintain control over the Iong~term direction of that
development
C. The City needs to develop in a moderate and controJied way that provides the housing,
shopping, jobs, infrastructure, and amenities that will serve the best interests of City residents
while avoiding overdevelopment ~nd its associated traffic and other impacts.
D. The long" term direction provided by the City's General Plan must be implemented through its
specific plans ar1d zoning ordinance without being subject to change due to pressure from the
profit~driven proponents of specific projects.
E. The City must protect the development density and intensity standards set by ·the General Plan
through limits on heights~ setbacks and building planes to prevent distortion of the desirable
characteristics of the City through the int'Jueuce of developers and other outside interests.
F. The availability ofsllfficient retail commercial space is essential to the wellbeing of the City~
its current and future residents, and its workers.
PART III. PURPOSE
This h1itiative measure (the "Initiative'') has three purposes. If approved by the voters of
Cupertino and enacted, it will (l) control the intensity of new development by setting general
citywide limits on building heights, setbacks, building planes and lot coverage in Cupertino that
will provide kmg~tenu direction. (2) preserve and enhance the Vallco Shopping District for
retail, hotel; dining and entertainment commercial uses and (3) require that changes or
exceptions to those limits and uses be presented to and approved by the voters of Cupertino.
Under this Initiative, the General Plan (Community Vision 2015-2040)-hereinafter referred to
as "General Plan," specific plans and conceptual plans~ and zoning ordinance would be enforced
and not amended on an ad hoc basis to suit individual development projects. The standards in
this Initiative are intended to strengthen these plans to protect Cupertino's vibrant mixed use
atmosphere, schools, and streetscapes, to lim1t traffic and congestion, and to promote public
safety.
PART IV. GENERAL PLAN AMENDMENT
The General Plan is hereby amended by enacting or reenacting segments oftbat general
phm as foIJows:
Note: All numbering of sections, policies, sti·ategies, table$, and figures be1·ein follows that
of the General Plan as amended on October 20, 2-015. Following the adoption of the
Initiative, the General Plan's sections, policies, strategies, tables, and figures, and aH
internal references thereto, shaU be renumbered in a logicaJ order, and tables and figures
shaU be modified to conform to the Initiative's changes to the General Plan's text; as
specified herein.
Section 1. Chapter! -Introduction
a. The last paragraph of the Section entitled "Purpose of Community Vision 2040 "as
of October 20, 201~, is amended as follows:
Due to the breadth of topics covered in Community Vision 2040, conflicts between mutually-
desirable goals are inevitable. For instance, increased automobile mobility may conflict with a
safe, walkal;>le community. This document recof\ciles the$e conflicts in the interest of building a
cohesive community by placing a P.riority upon maintaining the well-being of Cupertino
residents. Per State law, every goal and policy in this plan has equal weight The Gity recognizes
that the interests of reg] cleats of a partioular street or neighbeffieod may neea ta be balanced vtifh
the overall needs aadpotentially greater goal ofbuildiag a community. These are
Harmonization of possible conflicts between goals and policies in this plan shall be guided by an
understanding that the General Plan reflects conscious choices that the City makes in the interest
of building community and protecting its residents, That harmonization shall also recognize that
changes made through this Initiative are intended to modify and supersede any section, policv.
strategy,, table, or diagraiu that might otherwise conflict with the amendments being made by this
Initiative, and the General Plan shall be conformed accordingly.
b. A new paragraplt is added to the Section entitled "Purpose of Community Vision
2040" as of October 20, 2015 as follows:
Portions of the General Plan were enacted or reenacted in 2016 by a yoter initiative. A copy of
that initiative shall be appended to the General Plan as an appendix unless or until that
2
requirement is changed or rescinded by the voters. It is the intent of the voters of Cupertino that,
in interpreting and ha0110nizing the provisions of the General Plan, priority be given to ensuring
that the provisions enacted or reenacted by the 2016 voter initiative be followed and
implemented to the fullest extent possible. ·
Section 2. Chapter 2 -Planning Areas
a. Tbe Section "Vision" foi· the Vnllco Shopping District Special Area is ftmended as
follows:
The Vallco Shopping District wiJI continue to function as a major regional and conununity
destination. The City envisions this area as a new mixed use "tovro oeRter:" ana gateway for
Cupertino providing a unique and memorable shopping, dining: and entertainment e:q,1etience
with appropriate bicycle and pedestrian~friendly access. It will include an interconnected street
grid aetwi.:Jrk of bie-ycle and pedestrian friendly streets, mMare pedestrian-oriented buildings
with active uses may line Ht1ing Stevens Creek Boulevard and Wolfe Road,.and with publicly~
accessible parks and plazas that support the pedestrian~oriented feel of the revitalized area. New
development in the Vallco Shopping District sh~nmst be required te provide buffers betv1een
to protect adjacent single-family neighborhoods in the form of boundary walls. setbacks,
landscaping or building transitions.
Section 3. Chapter 3 ~Land Use and Community Design Element
a. The Section ~·context" is amended as follows:
Tf1e first paragraph of the subsection "Economic Vitality" is amended as follows:
Cupertino is fortunate in its location in the heart of Silicon Valley. Despite its mostly suburban
characteristics to the west and south. the city is home to a number of small~ medium and large
software, technology and biomedical companies, The General Plan~ l11:Sfe effiee grewth
recognizes the ne~d t2 retain balanced growth to support a-strong fiscal revenues and a stable tax
base. In particular, policies focus on retaining and incteasing the number of small, medium and
major businesses in key sectors and provide flexible space for innovative startups that need nonffl
traditional office environment. Policies for commercial areas seek to revitalize the Valko
Shopping District, and enhance commerciaJ centers and neighborhood centers, which contribute
to the City's tax base and serve community needs.
Table LU.·1: "CITYWIDE DEVELOPMENT ALLOCATION BETWEEN 20 l 4~2040" is
amended by the additions and strikeouts shown below.
3
w... •• <:A!
Crt·:. 1,l$U'l0 2, 145 l'XlO NJ.:no 2.4'11.'500 2.~.61:1
Vdko
~P"''ll' l,201.174 l,207.T/4 :i!.!'lli!lifl.!l!)il
Ot$tr~-;"'*"·~r
M~:.~~""%.t~~Ki 291.4011!1 :291.4'0!! 69.S'Sl~
N °''""""'" 56,'XJll/; $6,70$1 z.onozi Ul!U.021
-1:>. N i:1:uu n:nu :u:io<?.&M
s. °"An;,,. l52.Nl lS:.? .. ;?.11:;; ~J0.100 130.100
&.bl::> 444,7Sl 444.1Sl
M~td,V~t~ 94 .. 0Sl 9'Ullrillt 5.M1 456,135
Vi~-
°'~ l44 .. 9M 144,9611 H9 .. ~
M~ Ul9.9J5 6ll,05l Empio~H
Cityw•d., l.6l2,065 4,4309$1:2
H .. Hl 404 526 122
... ~.Qo:llll 1411!1 ll'i' i91
!l6 !l6
lZ'l Ill
llS :ns
1l.S9S
523.Hll
!, \!6 l,429 :n::i
process.
1.l36
600
49
S54
6
1!:213
U!.OJ9
21.412
*'9-
1$0
14&
Hff
6
1111'1
l!'l,166
23.148·
~
~
11$0
Vil
1so· ~
so
127
The subsection "Site and Building Design" is amended as follows:
Po!ic!'. LU-3.0: Community Form
The maximum heights and densities for the special areas shown in the Community Fonn
Diagram (Figure LU-1) shall not be exceeded. Outside of the Special Areas shown in Figure LU-
1, building heights may not exceed 4.5 feet. Building height shall be measured to the highest
point of the building~ excluding light poles. antennae, minor mechankial boxes or roof vent
protmsions which are not easilv visible. A below-grade structure is not counted towards building
height. For any m:oject of over 50,000 sq. ft. of building area, maximum lot coverage shall not
exceed 70%.
No provision allowing additional height or density, modifying maximum lot coverage, building
plane, or minimum setback to relax the standards set in this General Plan, other than those
mandated bx state law~ shall be allowed:
Figure LU~l "Community Form Diagram" and the Land Use Map (shown below in their
current form) shall be conformed to the requirements set by Policy LUw3.0, Policy LU-3.2,
Policy LU-19.2 and the density changes identified in Footnotes (a) through (c) in the new
Table HE 5.5 [previously Appendix B Table 5.5} as shown in Section 3 of this Part IV.
5
6
7
In order to assure the retention and enforcement of City guidelines not currently included
in the General Plan, the following policies are amended as shown
Policy LU-3.2; Building Heights.i and-Setback Ratios, Stepbacks and Building Planes:
Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU-
1) and as described below. As indicated in the figure, taller heights are focused on major
corridors, gateways and nodes. Setback ratios are established to ensure that the desired
relationship of buildings to the street is achieved.
Policy LU-3.2.l: Additional Floor Area. In any area where an increase in the maximum
building height is granted in exchanp:e for ground floor retail. no more than 1 square foot of
additional floor area above the otherwise-apglicabie heigllt limit mav be allows;g for every l
square foot of ground flQQr retail. In any such exchange, all ground floor retail must be fully
accessible to the public during ogerating hours.
Policy LU-3.2.2: Roofton Height Extensions. Rooftop mechanical eguipmerrt and utility
structures other than cell phone transmission antennae, but no other structures or building
features, may exceed stipulated height limitations shown in Figure LU-1 if they are enclosed,
centraIIy located on the roof and not visible from adjacent streets.
Policy LU-3.2.3: North De Anza BonJevard. For the area from I-280 south to Alves Drive on
the west and from I-280 south to St. Joseph's Church on the east. not including St Joseph's
Church:
• For all new construction. there shall be Iandsca.Qed setback areas extending a minimum of
50~ft. from curb line. Alternatively,. the landscaped setback areas adjacent to North De ·
Anza Blvd. may have a varied depth but a minimum sguare footage equal to the lot
frontage distance multiplied by 50 ft .. and a minimum setback distance at any pgirtt of 3 5
ft. from curb line.
Policv l,U-3.2.4: Stevens Creek Boulevard
• The minimum setback on both sides of Stevens Creek Boulevard from CA~85 to the
eastern boundary of the City of Cupertino is no less than 35 feet from the curb line.
• On both sides of Stevens Creek Boulevard from CA-85 to Perimeter Road buildings shall
be below a 1: 1 (i.e. I foot of stepback for evea. l foot of building height drawn from the
curb line) slope line drawn from the Stevens Creek Boulevard curb line.
• On the north side of Stevens Crevk Boulevard from Perimeter Road to the eastern
boundary of the City of Cugertino buildings shall be below a 1.5:1 (i.e. 1.5 feet of
stepback for every I foot of building height drawn from the curb line) slope line drawn
from the Stevens Creek Boulevard curb line.
• On the south side of Stevens Creek Boulevard from Perimeter Road to the eastern
boundary of the City of Cupertino buildings shall be below a 1: l slope line drawn from
the Stevens Creek Boulevard curb line.
8
Policy LU-3.2.5: Homestead Road in the North Vallco Park Area
On Homestead Road from Linnet Lane fwest of Wolfe Road) to Swallow Drive (east of Wolfe
Road) buildings shall be below a l.5: 1 slope line drawn from the Homestead Road curb line.
Policy LU..:.J.2.6: Building Planes: on Arterial/Boulevard Streets.
UnJess specified in otherLUM3.2 policies, all other arterial/bou1evard streets buildings shall be
below a 1: 1 {i.e. I foot ofstepback for every I foot of building height drawn from the curbJine)
slope Une drawn from the curb line or lines.
The Sub~eetion HCityCenter Subare-a" is amended as follows:
Strategy LU~16.1.3: Building form. The fonn ofBJ~uildingsshould, through the use of step~
downs and setbacks, be designed ee meaerately: sealed to transition from E!*isting taller buildings
(new or existing) to the scale ofthe sui:rourtding area. Taller buildings should provide ·
appropriate knnsitiens to fit into the surrounding area.
The subsection "Valko Shopping District Special Area" is amended as follows:
Vallco Shopping District SpeciaJ Area
The City envisiens encourages the renovation and improvement of the e;tistiRg Cupertino's
Vallco ~Shopping Mall while maintaining its important role as a retail shopping center
serving Cupertino's residents and regional visitors. a oomf!lete redevelopment of the axisting
Valleo Fashion ,Mall iat:o a vibrant mixed use «tovrn center" that is a focal point for regional
\dsitors a.ad the ce:mmunity. ±hi$ H:e'.¥-As renovated, the Vallco Shopping District will become a
destination for shopping. dining and entertainment in the Santa Clara Valley,
GOALLU .. 19
CRE1ATE :A.: DJSTINGT i\_f\TD MEMORABLE MIXED· ·USE '4TQWN
CENTER" THA:T IS PRESERVE AND·ENHANCE THE VALLCO
SHOPPING DISTRICT AS A LOCAL AND REGIONAL RETAIL.
HOTEL, DINING AND ENTERTAINMENT COMMERCIAL
DESTINATION AND A FOCAL POINT FOR THE COMMUNITY
Policy LU-19.l: Specific Plan
Create a Valko Shopping District Specific Plan prior to any development ot other significant
changes in use on the site that lays out the land uses, design standards and guidelines, and
infrastructure improvements required. The Specific Plan will be based on t11e following
strategies:
Strategy LU 19.1.l: Master De~reloper. R:edevelepment «vill reEyHire a master devele13r:lf ia
eFder remove tlle obstacles to ~evelepment of a cohesive district with the high~
~
9
Strategy LU-19.1.2: Parcel assembly. Parcel assembly and a plan for eeHij7lete redevelopment
of the site is required prior to adding residential anel omee uses. Parcelization is highly
discouraged in order to preserve the site for redevelopment in the future. ·
Strategy LU 19.1.3: Complete Rede>lelopment. The "to\vn eentern plan shi:mld be eased on
complete redevelopment of the site in order to ensure thaf:.t:he sire can be planned to carry out the
community visfon,
Strategy LU*19.l.4: L11nd use. The fo1Iowing uses are allowed on the site (see Figure LU 1 for
ff!si:deatial densities and criteria:):
l. Retail: High-perfont1ing retail, restaurant and entertairunent uses. Maintain a minimum of
600,000 1~200,000 square feet of retail/dining/entertainment that provide a good source of sales
tax for the City and provides high guality convenient shopping for residents of the city and
surrounding areas. Entertainment uses may be included but shall consist of no more than 30
percent of retail uses.
2. Hotel: Encourage a business class hotel with conference center and active uses including main
entrances. lobbies, retail and restaurants on the ground floor.
3. ResideatiaL Allow residential 011 upper floors -.vi1h retail and active ttses ea the ground fleer.
gaeeurage a mi* ef'.units for yoong professiomds, couples m1d/or active seniors $.,,Alo Hk:e to live
in an ilotive 'stmvn center" ewnronmeat
4. Offiee: EneellI11ge high quality office space arranged m a pedestriaa oriented street grj~
active uses on the ground iloor, publicly accessible sff"eets and plnzaslgreen space.
Str11tegy LY 19.1.5: "Towe Ceilter" lnyeat. Create streets and blookslaid eut using ""transect
planning" fappropriate street and building types for each area), ""'hieh inoludes a discernible
center anEl edges, pabbe space at eente1\ higl1 quality public realm, and land uses appropriate to
the stfeet and buHrung typology.
Strategy LUM19.l.6: Connectivity. Provide a 'Ae\'14y configured complete street grid hierarehy of
streets. boulevards and alleys that is Any changes to the existing circulation pattern as .Qart of a
development or revision should be pedestrian"oriented, connects to existing streets, and creates
walkable urban blocks for buildings and open space. It should also incorporate transit facilities,
provide connections to other transit nodes and coordinate with the potential expansion of Wolfe
Road bridge over Interstate 280 to continue the walkable, bikeable boulevard concept along
Wolfe Road. l'he preject Any such development or revision should also cont1ibute towards a
study and improvements to a potential Interstate 280 trail along the drainage channel south of the
freeway and provide pedestrian and bicycle connections from the project sites to the trail
Strategy LU»19.l.8: Open space.. Ground-level Qopen space areas in the form ofa oentra1 tovm
square on-the west and east sides of the Elistriet interspersed vllth plazas and "greens" should be
included that create community gathering spaces, locations for public art, and event space for
community events;"
IO
Policy LU~l9.2: The Vallco Sho,12ping District shall continue to be devoted to retail, hotel,
dining and entertainment commercial use. No residential or office use shall be allowed. Building
heights shall be restricted to a maximum of 45 feet. Figure LU~l and the. Land Use Map shall be
confonned to this policy.
The subsection "North Vallco .Park S1>ecial Area" is-amended as follows:
Policy LU-20.3: Building Form. Buildings in the retail and hotel area should provide active.
pedestrian~oriented uses along the street Buildings should shall transition to fit the scale of the
surrounding area. Taller buildings should shall provide appropriate transitions to fit into the
surrounding area. In. addition to the height limits established in the Community Form Diagramt
buildings abutting the campus shall incorporate appropriate setbacks. landscaped buffering, and
building height transitions to minimize privacy and security impacts.
Section 4. Chapter 4 -Housing Element
a~ The Section ''Housing Resources" is amended as follows:
The subsection "Overview of Available Sites for Housing" is amended in its second and
third paragraphs as follows:
Figure HE-1 indicates the availableresidential development opportunity sites to meet and exceed
the identified regional housing need pursuant to the RHNA The opportunity sites can
accommodate infill development of up to ~1,3 86 tesidentia1 units on properties zoned for
densities of 20 dwelling units to the acre or more. 111e potential sites inventory is organized by
geographic are.a and in particular, by mixed use corridors. The sites identified to meet the near
tenn development potential are shown in Table fffi~5. As sh-Ovm in Table HE :5, sites identified
to meet the near term development potential lie \v.ithin the North Vallee Park SpecialArea;the
HeaH-of the City Special Area, and the Vallco Shopping District Special Area.
fffle-J:tarticular site 'Nill fo>'rolve substantial coordination for redevelopaient EBecause
redevelopment ofthe Va11co Shopping District. Site A2h cannot involve additional housing
units, Due te the magnitude eftlm praject, the City has.established a eoatingene~· plan to meet
the RHNA if a Speeific Plan is not appreved \V:itllin three years of Housing Bieiaent atloption. 'rrus cotlt'ingecncy plan (oalled the City must follow its contingency plan to meet the RHNA,
known as Scenario B ruW: {discussed further in General Plan Appendix B}, . Scenario B ~
inv0Jve2 fhe City removing Vallco Shopping District from its inventory of available sites for
housing, adding other :ITit')fe priority sites to the inventory, and also increasing the
density/allowable units on some of the other priority sites.
Figure HE~l: Priority Housing Element Sites: Scenario A is deleted in its entirety and
replaced by Figure B-8 from Appendix B, page B~148, which shall be relabeled as Figure
IIE-1: Priority Hm1sing Element Sites-Scenario B. Both the current Figure HE·l and
Figure B-8 are provided below.
1 J
Figure HE-1
Priority Housing Element Sites: Scenario A
Applicable ifVallco Specific Plan is adopted by May 31, 2018
If Val/co Specific Plan is not adopted by May 31, 2018, the designated Priority Hovsing Element Sites will be as shown in General Plan
Appendix B, Section 5.5: Residential Sites Inventory -Scenario B.
)
City Boundary
Vrban Service Arn• Boundory
Sph•r• of lnfluenc;,
Bound~ry Agreement line
Unlncorpomtud Areas
12
600 Units
" _ _,.A,,., ,j-• "'-ii §:PF "";',;<_.0-,,...,,,4 _ _,,,,,_,""''*""'i
No~:~lkoA
I f i , ' f ,,.J ;Valko
~ Shopping
'District:
389 Units
Heart of the
City:
411 Units
Housing Element>
Site;
VTA Priority
Oevolopmont Area
(POA)
Site Number:Realis1k
C~p.icity. """"-r.}f«rtJtti~i'«mttt~<:t l<'!ll•W~~rtm.'tfa!lt...-W
$pedal Area•
Heart of the City
NQrth Valko Park
C:~J Valko Shopping District
j
Figure B·8
Prioirity Housing Element Sites -Scenario B
Applicable if Valko Specifu::; Plan" not <idopt<~d by May 31, 2018
i City Oound~ry
\J<b;;in Smvko Arna Boundary
SphQrn of lnfi1J~oce
flotmd~iy A91"""'""t line
-' Unlnt:ctporntW An.Hi~
North Valko
1 Park:
750 Units
UH~~1
! 1~!!~»-
Housing f.lommil•
Sites
Heart of the
City:
504 Units
VTAPrJotfty
Dovelopma»I N«•
(PllAJ
Site Nurnbec ~!.!.alitt~t
((Jplltit y, !';;?" J,i~·-._~_,. UM«•1«i.'ffe~«>«1H"-if
.,._"'""'*"'lS~·'t
'ipildal l\tNs/Nei'ghborhood>
Hoa rt of ton C;ty
C ::J North V~lie<> Park
Table HE-5: "SUMMARY OF PRIORITY HOUSING ELEMENT SITES TO MEET THE
RIINA-SCENARIO A" is deleted in its entirety and replaced by Table 5.5 from A1>pendix
B, page B-153, which shall be relabeled as Table HE~S: SUMMARY OF PRIORITY
HOUSJNG SITES -SCENARIO B. Both the current Table HE~5 and the replacement
Table 5.5 are provided below:
13
Site A 1 (The Hamptons) High Density North 85 75 ft; or 60 ft in certain 600 net P(Res) Val!co Park locations*;
Site A2 (Vallco RS/0/R Valko height to be determined
P(Regional Shopping) Shopping 35 in Vallco Shopping 389 Shopping District) & P(CG) District District Specific Plan
Site A3 (The Oaks CIR Heart of 45 ft
Shopping Center) P(CG, Res) the City 30 200
Site A4 (Marina Plaza) C/O/R Heart of 35 45 ft 200 P{CG, Res) the City
Site AS (Barry Swenson} C/0/R Heart of 25 45 ft 11 P(CG, Res) the City
Total 1,40oj
Note~'. Zoning for Site A2 (V;illco) will be determined by Specific Pfrm to allow rnsidential uses. Site A 1 {Hamptons) height limit of 60 feet fo
applicable for buildings located within 50 fMt of property lin;,s abutting Wolfo Rd, Pruneridg& Ave. & Apple Campus 2 site. Site A2 (V;;,lko)
height will be determined by Specific Plan. For more detilil on height limit>, see Land Usq, and Commvni!y Dl?sign Element, Figure 1.U-1.
Site B1 (Hamptons) North Val!co Park High Density 12.44 750 Very Low/
P(Res) Low
Site 82 (The Oaks Heart of the City CIR 35 (b) 7.9 235 Very Low/ Shopping Center) P(CG, Res) Low
Site 83 (Marina Plaza) Heart of the City C/O/R 35 6.86 200 Very Low/
PCCG, Res) Low
Site B4 (Barry Heart of the City C/O/R 25 0.55 11 Very Low/
Swenson) P(CG, Re-s) Low
Site BS (Glenbrook Heart of the City Medium Density 20 31.3 58 Very Low/
Apartments) R3(10-20) low
Site 86 (Homestead Homestead CIR (c) 35 (c) 5.1 132 Very Low/
Lanes and Adjacency) P(CG, Res) {c) Low
Total 64.24 1,386
Notes:
(;,i) A Gcmora! Plan Amend.:mwnt <>nd zoning ch;.;nge will be ncessary to allow th'1 incroeso in donsily from 85 to 99 units per acre on Site-81.
(b) A General Plan Anwidment and zoning change wif! be 11ece$tary to allow the increas!i> in d!i>nsity from 30 to 35 units p!i>r acre on Sitlii 132.
(c) A General Plan Amliindment and zoning change will be necessary to allow residential uses at 35 units per acre on Site 86, Existing zoning for Sitf.! B6 is P(Rec, Enter). -
(d) Rf.!a!istlc capacity rnduces the maximum developable units by 15 percent on Sites 61, 62, 83, 04, and 66. Realistic c;,ipacity ofS!te 85 ls (d) reduced by 46 percent due to existing .site constramts,
(e) ldernrfted capacity of sites that allow development densitiGS of at le<ist 20 units per acre are credited toward the loweHncome RHNA based
on State law. Pursuant lo Government Code Section 65583.2!d(3)(B), local governments may utll!ze "default" density stand;,rds to provide evidence that "ar,propriate zoning" is in place to support the development o! housing for very-!ow and low.income liouseholcls. The default
density standard for Cupertino and other suburb.on Jurisdk:tions in Siinta Clara County is 20 dweiling units per acre (DUA) or more.
(f) Realistic capacity for sites 81 and BS repmsent net new units.
14
b. The Section ••Housing Plan" is amended as follows:
The subsection "Implementing Strategies" is amended as follows:
The fiftlt bullet point under Strategy 1: Land Use Policy and Zoning Provisions is amended
as follows:
• Priority Housing Sites: As part of the Housing Element update, the City has identified
€~priority sites under Scenario-A B-{see Table HB~5) for residential development over
the next eight years. The General Plan and zoning designations will allow the densities
for this development. shown in Table HE 5 fur-alJ sites e*eept-the ¥aliso She13pffig
District site (8ire l\2). The redevelopment of:VaHco 8hoppingDfstrfot vriU involve
signi:fieant plaaniag and eommunity input. A speciffo plaa ·,vill be required to irnplemea:t
a-oomprehensive strategy fur a retail/officelresidentiaJ mixed use development-'fke
J3F0jeot applicant would be required to work elosely vAth the comnnmity aad tile Gity to
bring fottlHl-spee#'i.s plan that meets the community's needs, \vith the -antieipnted
adoption and rezoning ta ea.cur within Urrea years of the atioption ofthe 2014 2022
Housing Element (by May 31,, 2018). The speeifie plan would 13emiit ~ts by right
~mum density ef 20 m'i#s-f!er acre.
l:f?..~eific plan and rezoning are not ~el within three yeafS of Heusing Element
adoption (by May 31, 2018)~ ~he Gity ·.vill schedule hearings consistent 'tvith Government
Gt>de Seotion 6S863 to eensider remtP.9ng Valloo as a priority-hoosing site uatief
Seeftnrio A, te b~eed by sites identified in Scenario B Esee detailed tliset1ssion and
sites listing of "'Scenario B" in Appendix, B I-wusiag Element Teolmieal Ap~~ :As
part eHlle adoption o:f Seea:ario B, the Gity intends to add two additional sites to the
~ok Apartments and Homestead banes_. along :;,vilh inareasea :ttuml7ef..e.f
~tted units on The Hamptons and The Oaks sites. All sites in Scenario R except the
Homestead Lanes, hav!ii A:applicable zoning is: in place" fof Glenbrook :l\partments;
ftl.'PNe¥er the The Homestead Lanes site will~ need to be rezoned &Hhattime to
permit residential uses, Any rezoning required will allow residential uses by right at a
minimum density of 20 units per acre.
Delete the following table:
IS
Cupertino Department
Responsible Agencies: Commumty Development/
Plannmg Division
Ongoing; Adopt Specific Plan and
rezoning Valko by M<>y 31,
Time Frame: 2018; otherv,;ise, conduct public
heanngsto adoption
"Scenario B"
Fum::fo19 Sources: None reqwred
1,0M W1!ts {1
low·, 1
modernte-im::orne
Part V: EXEMPTIONS FOR CERTAIN PROJECTS
This Initiative shall not apply to any development project which has obtained as of the effective
date of this Initiative a vested right pursuant to State law.
Part VI: EFFECTIVE DATE, PRIORITY, AND CONSISTENCY
This Initiative shall become effective immediately upon the ce1tification of the election results.
Within six (6) months of the effective date of this measure, all provisions of the municipal code,
ordinances, including zoning ordinances, resolutions. administrative policies, general plans,
specific plans, conceptual plans or any other plan of the City shall be revised and amended to
make them conform with the provisions of this Initiative. Until such time as the above referenced
ordinances and plans have been so revised and amended~ the provisions of this Initiative shall
prevail over any conflicting provisions.
Part VII: SEVERABILITY
The people of Cupertino hereby declare that they intend to enact each and every provision of this
Initiative regardless of the presence or absence of any other provision, and to that extent all of
the provisions of this Initiative are to be considered severable. In the event a final judgment of a
court of competent jurisdiction determines that any provision, section, subsection, sentences,
clause, or phrase or application of this Initiative measure is found to be invalid or unenforceable
for any reason, the invalid or unenforceable portion shall be severed from this measure, and the
remaining portions of this measure shall remain in full force.
Part VIII: Al\'IENDMENT OR REPEAL
Except as otherwise indicated herein, this Initiative may be amended or repealed only by the
voters at a City election.
16
Section 9608 Statement
011nrn11~•ri l"'IT\f 01 !".'"!{ f vurLn I m1v VI I I IVL.LI:__:_'
I.Anne /2YtuJH t'Zr~cknowledge that it is a misdemeanor under state law (Section
18650 of the Elections Code) to kno·wingly or willfully allow the signatures on an
initiative petition to be used for any purpose other than qualification of the
proposed measure for the ballot I certify that I will not knowingly or willfully allow
the signatures for this initiative to be used for any purpose other than qualification
of the measure for the ballot.
tZ'M-buf/1-f-ty'§cL (Signature of Proponent)
Dated this ..LQ_ day of Du,,,; , 20 15'
f I, SreveV\ {Y\ Jc.'<\~"~cknowledge that it is a misdemeanor under state law {Section
18650 of the Elections Code) to knowingly or willfully allow the signatures on an
initiative petition to be used for any purpose other than qualification of the
proposed measure for the ballot I certify that I will not knovvingly or willfully allow
the signatures for this initiative to be used for any purpose other than qualification
of the measure for the ballot. \) IJ ~ M . .JA ~-(Signature of Proponent)
Dated this 12_ day of OQ<-~'1'1~~~ 20 \f
I 1 X/cfl.'1!J.C.heM )ill , acknowle.dge that it is a mis~emeanor _under state law
(Section 18650 of the Elections Code) to lmowmgly or willfully allow the
signatures on an initiative petition to be used for any purpose other than
qualification of the proposed measure for the ballot. I certify that I will not
knowingly or willfully allow the signatures for this initiative to be used for
any purpose other than qualification o·f the measure for the ballot.
-----:>' ..... &......;·_~ __ z;/._~ __ . __ ? /f;;._~_t-.............__ ___ (Signature of Proponent)
Dated this /ot"-day of Pecq,1+1W , 20/S