CC Resolution No. 16-028 Calling and Giving Notice of the Holding of a General Municipal Election to be Held on November 8, 2016,16-028 was
amended by
16-032
RESOLUTION NO. 16-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE
SUBMITTAL TO THE VOTERS OF A BALLOT MEASURE TO LIMIT
REDEVELOPMENT OF THE V ALLCO SHOPPING DISTRICT, LIMIT
BUILDING HEIGHTS AND LOT COVERAGES THROUGHOUT THE CITY,
AND ESTABLISH NEW SETBACKS AND BUILDING PLANES ON MAJOR
THOROUGHFARES; AND REQUESTING THE ASSISTANCE OF THE COUNTY
OF SANTA CLARA FOR CONSOLIDATION OF THE ELECTION AND TO
RENDER SPECIFIED SERVICES TO THE CITY OF CUPERTINO RELATING TO
THE CONDUCT OF THE ELECTION
WHEREAS, on February 2, 2016, an initiative petition entitled "Initiative
amending Cupertino's General Plan to limit redevelopment of the Valko 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" was filed in the Office of the City
Clerk; the total number of signatures submitted was 4,204; the total number of
signatures reviewed for verification by the Santa Clara County Registrar of Voters
was 4,204 and the total number of signatures found sufficient was 3,759; and
WHEREAS, the minimum number of 4,029 valid signatures required to call
a special election was not met; and
WHEREAS, the minimum number of 2,686 valid signatures required to call
a regular election was met; and
WHEREAS, on March 1, 2016, the City Council accepted the report of the
City Clerk declaring sufficiency of the initiative petition and ordered a special
meeting to be held by March 31, 2016 to receive the report on the effect of the
proposed initiative pursuant to Election Code § 9212; and
WHEREAS, on March 31, 2016, the City Council received the report on the
effect of the proposed initiative;
WHEREAS, the City Council has not voted to adopt the initiative;
Resolution No. 16-028
Page2
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed initiative to the voters; and
WHEREAS, November 8, 2016, is the date set by law for the election of
Council members; and
WHEREAS, the City Clerk is enjoined by law to take all steps necessary for
the holding of said election; and
WHEREAS, it is desirable that the November 8, 2016 General municipal
election be consolidated with the Statewide General election to be held on the same
date and that within the city the precincts, polling places and election officers of the
two elections be the same, and that the county election department of the County of
Santa Clara canvass the return of the General Municipal Election and that the
election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to general law cities, there is called and ordered to be held in the
City of Cupertino on Tuesday, November 8, 2016, a General Municipal Election for
the purpose of submitting the following proposed ordinance:
Shall an initiative ordinance be adopted amending
Cupertino's General Plan to limit redevelopment of
the Valko Shopping District, limit building heights
along major mixed-use corridors, establish a 45 feet
maximum building height in the Neighborhoods,
limit lot coverages for large projects, establish new
setbacks and building planes on major
thoroughfares, and require voter approval for any
changes to these provisions?
YES
NO
Resolution No. 16-028
Page3
SECTION 2. That the text of the ballot measure is attached to this resolution
as Exhibit "A." The text of the measure shall not be printed in the ballot materials,
but copies of the measure shall be available from the City Clerk.
SECTION 3. That the vote requirement for the measure to pass is a majority
(50% + 1) of the votes cast.
SECTION 4. That the ballots to be used at the election shall be in the form and
content as required by law.
SECTION 5. That the City Clerk is authorized, instructed, and directed to
contract for the procurement and furnishing of any and all official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven o'clock a.m.
of the day of the election and shall remain open continuously from that time until
eight o'clock p.m. of the same day when the polls shall be closed, pursuant to
Election Code § 10242, except as provided in § 14401 of the Elections Code of the
State of California.
SECTION 7. That pursuant to the requirements of § 10403 of the Elections
Code, the Board of Supervisors of the County of Santa Clara is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the
Statewide General election on Tuesday, November 8, 2016, for the purpose of
submitting a ballot measure to the voters of Cupertino.
SECTION 8. That the City of Cupertino requests the services of the Board of
Supervisors of Santa Clara County and the Registrar of Voters to conduct said
General Election and to consolidate such election. The Registrar of Voters is
requested to provide all necessary election services and to canvass the returns of the
General Municipal Election. The consolidated election will be held and conducted in
the manner prescribed in§ 10418 of the Elections Code.
SECTION 9. That the City shall reimburse the County for services performed
when the work is completed and upon representation to the City of a properly
approved bill.
Resolution No. 16-028
Page4
SECTION 10. That the City Clerk is directed to forward without delay to the
Board of Supervisors and to the County Election Department of the County of Santa
Clara, each a certified copy of this resolution.
SECTION 11. That in all particulars not recited in this resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
SECTION 12. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
PASS ED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 31st day of March, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
~u-
Grace Schmidt, City Clerk Barry C
CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE
A MEASURE AMENDING THE CUPERTlNO GENERAL PLAN TO E NSURE BALANCED
AND SENSIBLE GROWTH BY MAlNT AlNlNG CITYWIDE LIMITS ON THE INTENSITY
OF NEW DEVELOPMENT, PRES ERVlNG AND ENHANCING THE VALLCO SHOPPING
DlSTRJCT FOR RET AlL, HOTEL , DINING AND ENTERT AJNMENT COMMERC1AL
USES ONLY AND REQUlRJNG A VOTE OF THE PEOPLE TO MODIFY THOSE LlMJTS
AND USES .
THE 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 IL FINDINGS
The people of Cupertino hereby find that:
A. The City .of Cupertino needs binding s1andards to guide new development within the City.
B. Cupertino 's citizens wish to maintain control over the long-tenn direction of that
development.
C. The City needs to develop in a moderate and controlled way that pro vi des the housing,
shopping, jobs, infrastructure, and amenities that will serve the best interests of City resjdents
while avoiding overdevelopment and its associated traffic and other impacts .
D. The long-tenn direction provided by the City 's General Plan must be implemented through its
specific plans and 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 buildfog planes to prevent distortion of the desirable
characteristics of the City through the influence of developers and other outside interests .
F . The availability of sufficient retail commercial space is essential to the wellbeing of the City ,
its current and future residents , and its workers .
PART ill. PURPOSE
This initiative measure (the 'Initiative ") has three purposes. If approved by the voters of
Cupertino and enacted, it wlll ( l) control lhe intensity of ne\ de ve lopment by setting general
citywide limit s on building height , setback building planes and lot coverage in Cupertino that
will pro ide lon g-term direction , (2) pre erve 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 th e voters of C up ertino .
Un der this initiative, th e General Plan (Commun ity Vision 2015-2040) -herei na fter referred to
as "General Plan," specific plans and conceptual plans, and zoning ordinance would b e enforced
and not amended on an ad hoc bas is to suit individual development projects. T he standards in
this Initiati ve a re intended to st rengthen the se plans to protect Cupertino 's v ibrant mi xed use
atmosphere, sc hools, and streetscapes, to limit traffic and congestion , and to promote public
safety.
PART IV. GENERAL PLAN AMENDMENT
The General Plan is hereby amended by enacting or reenacting segments of that general
plan as follows:
Note: AU numbering of sections, policies, strategies, tables, and figures herein follows that
of the General Plan as amended on October 20, 2015. Following the adoption of the
Initiative, the General Plan's sections, policies, strategies, tables, and figures, and all
internal references thereto, shall be renumbered in a logical order, and tables and figures
shalJ be modified to conform to the Initiative's changes to the General Plan's t ex t , as
specified herein .
Section 1. Chapter l -Introduction
a. The last paragraph of the Section entitled "Purpose of Community Vision 2040" as
of October 20, 2015, is .amended as follows:
Due to the breadth of topics covered in Community Vi si on 2040 , conflicts between mutuall y -
desirable goals are in evitable. For instance , increased automobile mobiJi ty may conflict with a
safe , walkab le community . This document reconci les these conflicts in the interest of building a
cohesive community by placing a prio1itv upon maintaining th e well-being of Cupertino
residents. Pe r State law, every goaJ and policy in this plan ha s equal weight. The City recognizes
that th e interests of re si dents ofa parti cular street or neighborhood may need to be balanced with
the o'lerall needs and potentially greater goal of building a oommunjty. These are
Harmonization of possible conflicts between goals and policies in this plan shall be guided by an
understanding that the General Plan refl ects conscious choices that the City makes in the inte rest
of building community and protecti ng it s residents . That hannonization shall also recognize th a t
changes made through this Initiative are intended to modify and supersede an y section, policy,
strategy , table, or diagram that might otberwise conflict with the am e ndments being made by thi s
lnitiative, and the GeneraJ Plan shall be confonned accordingly.
b. A new paragrapb is added to the Sec tion entitled nPurpose of Community Vjsion
2040" as of October 20, 2015 as follows:
Portions of th e General Plan were enac ted or reenacted in 2016 by a vote r initiative . A copy of
t ha t initiative s ha ll be appended to th e General Plan as an appendix unless or until t hat
2
requirement is changed or rescinded bv the voters . It is the intent of the voter s of Cupertino that ,
in inte1preting and hannonizi11g the provisions of the General Plan, priority be given to ensuring
that the provision enacted or reenacted by the 2016 voter initiative be followed and
implemented to the fullest extent possible .
Section 2. Chapte1· 2-Planning Areas
a. The Section "Vision" for the Vallco Shopping District Special Area is amended as
follows:
The Vallco Shopping District wiJI continue to fw1ction a a major regional and community
destination . The City envisions this area as a nevi' mixed use "tom:i oenter" and gateway for
Cupertino providing a unique and memorable shopping. dinfog and entertainment experience
with appropriate bicycle and pedestrian-friendly access. It ·will include an ieteroormected street
grid network of bicycle and pedestrian friendly streets, mMore pedestrian-oriented buildings
with active uses may line Hnffig Stevens Creek Boulevard and Wolfe Road:-aml with publicly-
accessible parks and plazas that support the pedestrian-oriented feel of the revitalized area . New
de velopment in the Vallco Shopping District should mu t be required to provide buffers between
to protect adjacent single-family neighborhoods in tl1e fonn of boundary walls , setbacks
landscapi1Jg or building transitions .
Section 3. Chapter 3 -Land Use and Community Design Element
a. The Section "Context" is amended as follows:
The first paragraph of the subsection "Economic Vitality" is amended as follows:
Cupertino is fortunate in its location in the heart of Silicon Valley. Despite it 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 includes mere office growth
recognizes the need to retajn balanced growth to support a-strong fiscal revenues and a stable tax
base . In particular, pol ides focus on retairung and increasi11g the number of small , medium and
major businesses in key sectors and provide flexible space for innovative startups that need non-
traditional office environment. Policies for commercial areas seek to revitalize the Valko
Shopping District , and enhance commercial centers and neighborhood centers which contribute
to the City 's tax base ru1d serve comrrnmjty needs.
Table LU-1: "CITYWIDE DEVELOPMENT ALLOCATION BETWEEN 2014-2040" is
amended by the additions and snikeouts shown below.
3
~
TABLE LU-1
Cl IDE DEVELOPMENT ALLOCATION BETWEEN 2014-2040
p,A;-:,• .· ; . ·. ·. :.~'"~.-, 1_~,.1 ~7.:$ . Cuu..nt ';i< Buoldout I Avnilabt<>
iI{; :::....:.~~;: :~9::'':J.·1 i..«,~;;;;,,co~~,~~:. I. ·· . ., A-,: ..•
Mu.-t of~
1 lS1 7)0 z 145 000 79J.Z70
C1ty
Vollco
~ 1 207 774 1 207 774
C>t•t.nct••
w....~,, ... .d 291 408 291 408
N 0. Alnz• !>6 708 !>6 708
N V .. lco 133 147 133 147
so.~ 3S2 Z93 352 293
9.;t>t>
Mont•Vnt•
94 0'51 996'99 5.647
Vdege
°'" .. 144 9t>4 144 9t>4
~
&npao~n.
Crty"""d. 3.632065 4 430 982 798 917
CurTvnt
Buott'·
.~-,._\le. lD~C~
24"7 500
69 55()
Z081 021
3 069 676
130.708
444 753
44 3 140
119 896
109 935
B 916 179
--liot '"' (rooms)
Currunt Bu'ildout Avai!Jtbk>
Built
S&E4iiMZ & 1~,_,.,. ~ . ~··
2464613 17 1 l) "°' 526 122
2 899 89e n ~.~ 14 8 3)9 191
69550 126 126
2081 011 1:?3 12)
] 069 676 l15 315
I)() 708
444 753
4 56 7JS 13 595
119 896
633 053 523. 118
9 ,4 70 .oos · 553 .826
11 '7 9 995 ~ 1116 I 429 313
-1 898" 562"
1 ))6 ~ ~
~ ~
b()() 7SO 150
49 1"6 91
1 .304· 750·
554 ~ ~
6 6
828 878 50
18 039 1 B 16"6 127
2 3 .148· 1 ,736.
21 412 ~ -H!@i'-
Tbe subsection ~site and BuiJding Design" is amended as follows:
Policy LU-3.0: Community Form
The maximum heights and densities for the special areas shown in the Community f onn
Diagram (Figure LU-1) shall not be exceeded. Outside of the Special Areas shown in Figure LU-
1, building height may not exceed 45 feet. Building heigbt shalJ be measured to the highest
point of the building, excluding light poJes, antennae. minor mechanical boxes or roof vent
protrusions which are not easily visible . A below-grade structure is not counted towards buiJding
height. For any project of over 50.000 sg . ft. of building area , maximum Jot coverage shall not
exceed 70%.
No provision allowing addffional 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 by state Jaw , shall be allowed :
Figure LU-1 •~community Form Diagram" and the Land Use Map (shown below in their
current form) shall be conformed to tbe requirements set by Policy LU-3.0, 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 fpreviousJy Appendix B Table 5.5] as sbow.n in Section 3 of this Part IV.
ff)
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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 ftfld 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. l1l any area where an increase in the maximum
building height is granted in exchange for brround floor retail. no more than 1 square foot of
additional floor area above the otherwise-applicable height limit may be allowed for every J
square foot of ground floor retail. In any such exchange, all ground floor retail mu t be fully
accessible to the public during operating hours.
Policv LU-3.2.2: Rooftop Height Extensions. Rooftop mechanical equipment 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.
centrally located on the roof and not visible from adjacent streets.
Policy LU-3.2.3: North De Anza Boulevard. For the area from 1-280 south to Alves Drive on
the west and from 1-280 south to St. Joseph's Church on the east, not including St. Joseph 's
Church:
• For all new construction, there shaJl be landscaped setback areas extencting a minimum of
50-ft. from curb line . Alternatively. the landscaped setback are.as adjacent to North De
Anza Blvd. may have a varied depth but a minimum square footage equal to the lot
frontage distance multipUed bv 50 ft., and a minimum setback distance at any point of 35
ft. from curb line .
PoJicv LU·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 J: l (i.e . l foot of stepback for every 1 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 Creek Boulevard from Perimeter Road to the eastern
boundary of the City of Cupertino buildings shall be below a 1.5 : I (i .e . 1.5 feet of
stepback for every 1 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 J :1 slope line drawn from
the Stevens Creek Boulevard curb line.
8
Policy LU-3.2.5: Homestead Road in the North Valko Park Area
On Homestead Road from Linnet Lane (west of Wolfe Road) to Swallow Drive (east of Wolfe
Road) buiJdings shalJ be below a 1.5: l slope 1 ine drawn from the Homestead Road curb line.
Policy LU-3.2.6: Building Planes on Arterial/Boulevard Streets.
Unless specified in other LU-3 .2 policies, all other arterial/boulevard streets buildings shall be
below a 1: 1 (i .e. 1 foot of stepback for every 1 foot of building height drawn from the curb line)
slope line drawn from the curb line or lines.
The Subsection "City Center Subarea" is amended as follows:
Strategy LU-16.1.3: Building form. The form ofB.Quildings should, through the use of step-
downs and setbacks, be designed be moderately sealee to transition from existing taJler buildfogs
(ne\ or existing) to the scale of the surrounding area. Taller buildings should provide
appropriate transitions to fit into the surrounding area.
The subsection "Valko Shopping District Special Area" is amended as follows:
Vallco Shopping District Special Area
The City em·isions encourages the r.enovation and .improvement of the existing Cupertino 's
Vallco FashioR Shopping Mall while maintaining its important role as a retail shopping center
serving Cupertino 's residents and regional visitors. a comp:lete redevelopment of the C){isting
Va11co Fashion MaJl into a vibrant mixed use 'tov,cn center" that is a focaJ point for regional
visitors afld the comnu1:a:ity. This new As renovated, the Vallco Shopping Djstrict will become a
destination for shopping, dining and entertaimnent in the Santa Clara Valley .
GOALLU~l9
CREATE A DISTINCT AND ME~40RABLE ~4IXED USE "TOWN
CENTER" THAT IS PRESERVE AND ENHANCE THE V ALLCO
SHOPPING DISTRICT AS A LOCAL AND REGIONAL RETAIL,
HOTEL, DJNING AND ENTERTAINMENT COMMERCIAL
DESTINATION AND A FOCAL POINT FOR THE COMMUNITY
Polky LU-19.1: Specific Plan
Create a Vallco Shopping District Specific Plan prior to any development or other significant
changes in use on the site that lays out the land uses , design standard and guidelines , and
infrastructure improvements required . The Specific Plan will be based on the following
strategies :
Strategy LU 19.1.1: Master De·lel011er. Rede'+'elopment ·will require a master developer in
order remove tfle obstacles to the development of a cohesive district vfith-the-h:ighest levels-~*
urban design .
Strategy LU-19.1.2: Parcel assembly. Parcel assembly and a plan for complete redevelopment
of the site is required prior to adding residential and office tt5es. Parcelization is highl
discouraged in order to preserve the site for redevelopment in the future.
Stretegy LU 19.1.3: Complete Redevelopment. The "town center" plan should be based on
complete redevelopment of the site ifl order to ensure that the site can be planned to carry out the
com-mtmity visiofl .
Strategy LU-19.1.4: Land use. The following uses are allowed on the site (see Figure LU l for
residential densities and criteria):
1. Retail : High-perfonning retail , restaurant and entertainment uses. Maintain a minimwn 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 qua lity 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 grow1d floor.
3. Residential: Allow residential on upper floors \¥ith retail and acti't 'e uses ou the groU:Ad floor.
fawourage a mi:c ohmits for ym.mg professionals, couples aHdlor acti't'e seniors who like to live
HHm-aetive "town center" environment-
4. Office: Encourage high quaJity office space arranged in a pedestriafl oriented street grid vfith
active uses on the ground floor, publicly accessible streets and plazas/greeH space.
Strategy LU 19.l.S: "Tewn Center" layeut. Create streets and blocks laid out using "transect
planning" (appropriate street and building types for each area), 1Nhich includes a discernible
center and edges , public space at center, high quality public realm , aad land uses appropriate to
the street and building typo logy.
Strategy LU-19.1.6: Connectivity. Provide a l'IC'1'lly configured complete street grid hierarchy of
streets , bouleYards aHd aJleys that is Any changes to the existing circulation pattern as part of a
development or revision should be pedestrian-oriented, connects to existing streets, and creates
waJkable urban blocks for buildings and open space . It should also incorporate transit facilities ,
provide cmmections to ot11er 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 . The pFQject Any such deve lopment or revision should also contribute towards a
study and improvements to a potential Interstate 280 trail aJong the drainage channel south of the
freeway and provide pedestrian and bicyc le connections from the project sites to the trail.
Strategy LU-19.1.8: Open space. Ground-level Gopen space areas in the form of a central town
square on the west and east sides of the district interspersed with plazas and "greens ' should be
included that create community gathering spaces , locations for pub lic art , and event space for
community events~
10
Policy LU-19.2: The Vallco Shoppi11g District shall continue to be devoted to retail. hotel.
djning and ente11ainment co mmercial use . No residential or office us e shall be allowed . Building
heights shall be restricted to a maxfornm of 45 feet. Figure LU-l and the Land Use Map shall be
confom1ed to this policy .
The subsection "North Valko Park Spedal Area" is amended as follows:
Policy LU-20.3: Building Form. Buililings in the retail and hotel area should provide active ,
pedestrian-oriented uses along the street. Buildings should shall 1:ransition to fit the scale of tb e
surrounding area . TaJler buildings should shall provide appropriate transitions to fit into the
surroundillg area. In addition to the height limits established in the Commmlity Form Diagram,
bujJdings 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:
Figu re HE-1 indicates the available residential development opportunity sites to meet and exceed
the identified regional hou s ing need pursuant to the RHNA. The oppmiunity sites can
acconunodate infill de ve lopment of up to +,400-1 .386 residential unit s on properties zoned for
densities of 20 dwelling unjts to the acre or more . The potential site s inventory is orgaruzed by
geographic area and in particular, by mixed use corridors. The sites identified to meet the near
tenn development potential are shown in Table HE-5. As shovm in Table HE 5 sites identjfied
to meet the near term development potential lie \vithin the North Vallee Park Special Area ,the
Heart of.the City Special Area , and the Vallee Shopping District Special Area .
Gne partieular site will involve substantial coordination for redevelopment ffiecause
redevelopment of the Vallco Shopping District , Site A2h cannot involve additional housing
w1its, Due to the magnitude of the project , tbe City bas established a contingency plan to mee t
the RIINA if a Specific Plan is not approved ·.¥ithin three years off-lousing Element adoption.
This contingency pJan (called the Cjty must follow jts contingency plan to meet the RHNA
known as Scenario B aru:i (discussed furtJ1er in General Plan Appendix B);. Scenario B -wet±le
involve~ the City removing Vallco Shopping District from its inventory of available sites for
housing , adding other ffit}f6 priority sites to the inventory , and also increasing the
density/allowa bl e units on some of the other priority sites.
Figure HE-1: Priority Housing Element Sites: Scenario A is deleted in its entirety and
replaced by Figure B-8 from Appendix B, page B-148, which sbalJ be relabeled as Figure
HE-1: Priority Housing Element Sites -Scenario B. Both the current Figure HE-1 and
Figure B-8 are provided below .
II
Figure HE-1
Priority Housing Element Sites: Scenario A
Applicable if Va llee Specific Plan is adopted by May 31 , 2018
If Vallco Specific Plan is not ado pted by May 31, 2018, the designated Pr iorrty Hovsing Element Si t es will be as shown 1n General Plan
Appendix B, Sec tion 5.5: Residential Sites Inventory -Scenario B.
I
'\., ,,
\..I,
\
' I \/, r'\) -~ I
. '
I I ,/~·
I ,
L_ -
,
'
lo$Altos
I . ~
'-
I
Legend
'I
l I
600 Un its
North Vallee \ Park:
·· -i' i-r ,.~--1
, I -r.Y".!'!!"' r-' <Vallee
< . -,~' l shopping ~ [ 'Dist rict: ~~:' ;·~,. . .J 389 Un its
_,\·~l ~~ SantaC1¥a
L u~
'
\
He art of the
S•n Jon City;
411 Un its
Cit Bounda Housing Elemenh
Y ry Sil es
Urban SCtVice Are a Boundary [ -, VTA Priorit y
Sphere of In fluence Developmen t Area
Boun dary Agreement line
Unincorpora ted Areas
12
(POA) ... Si te Number. Rea lis1 tc
~ Capat ity. ,._. .. .._
r._.,.,,..,..,p,~fl
---<oet.-.;>tr-5o ......
Special Areas
c=J Heart of tlie City
[=:J Nor th Vallco Park
[ J Vallco Shopping Dis t rict
Figu re B-8
Pr ioirity Hous ing Elemen t Sites -Scena r io B
Applicable 11 Va llco Spec1f.c Plan is no t adopted by May 31, 2018
Sunnyv.llo
Ho m est ead:
1 32 Units Nort h Val ko \ Pa rk:
7 50 Un i ts
I 11~1
fW .... u
I
1 5:t"l t .> Cla·o11
/
leg e nd
Ci ty Boun d ary
Ufban Service AroL'I Boundary
Sohere of lnflu<!:N:e
Boundary Agreement Line
Umncorpor a red Area5
11 ~ "'' •
...
~-·
Housin g Ele m€!nl s
Sites
He a rt o f t he
City:
504 Uni t s
VTA Pt1o rH y
Development Al ed
(POA}
Si t~ Nu mber: Rrahst1c
Capaci ty ,,.1 .... , . . ..,.... ....... ~ ...... , ..... .,
Speciol Arc,15/Ne1g h borhootls
r::=J Heo rt o f the C•t y
c=J Nort h V.lllco P.Jrk
Homest efld
Table HE-5: "SUMMARY OF PRIORITY HOUSIN G ELEMENT SITES TO MEET THE
RHNA -SCENARIO A" is deleted in its entirety and replaced by Table 5.5 from Appendix
B, page B-153, which shall be relabeled as Table HE -5: SUMMARY OF PRIORITY
HOUSING SITES -SCENARIO B. Both the current Table HE-5 and the replacement
Tabl e 5.5 are provided below :
13
TABLE HE-5: SUMMARY OF PRIORITY HOUSING ELEMENT SITES TO MEET THE
RHNA -SCENARIO A
Site
'
Adoptod Genoral Pla n/
Adopted Zoning ·-Max Height II
Site A 1 Cfh e Hamptons) High Densit y
P(Res )
Site A2 (Va llc o RS /0 /R
Shopping District) P(Reg iona l Shopping)
& P(CG )
Site A3 Cf he Oaks C/R
Shopping Center) P(CG , Res)
Site A4 (Marin a Plaza) CIO I R
P(CG, Res)
Site AS (Ba rr y Swens on) C/O /R
P(CG , Res)
No rt h
Valko Park 85
Val k o
Shopping 35
Dist r ict
Heart of
the City 30
Heart of
t he C it y 35
Heart of
t he C it y 25
75 ft; or 60 ft in certa in
lo cations*;
height to be determin ed
in Valko Shopping
Dis t ri ct Specif ic Plan
45 ft
45 ft
45 ft
Total
600 n et
389
200
200
1 1
1,40 oj
No tes · Zoning for Si te A2 (Val/co) will~ de termined by Specific Plan to allow res iden tial use s Si t e A 1 (Ha m p tons) heigh t l1mJf o( !IJ feet 1s
applicable for buildings located within 50 fee t of property l1~es abt1ttmg Wolfe Rd Prun e ridge Ave & Apple Campus 2 site Stte A2 (Val/co)
height wtil be determined by Specific Plan For more derail on height limi t s, see Land Use and Community Design Element Figure LU -1
TABLE 5.5: SUMMARY OF PRIORITY HOUSING SITES -SCENARIO B
Site B1 (H a mptons)
Site £32 (The Oaks
Shopping C enter)
Site 83 (Marin a Plaz a)
Site 84 (Barry
Swe nso n)
Sit e BS (G len brook
Apa rt me nts)
Site 8 6 (Homest ead
La nes and Adjacency)
Total
Notes :
Special Are a/
Neighborhood
North Valko Pa rk
I leart of t he C ity
Heart of the City
Heart of the Ci ty
Heart of the C ity
Hom e stead
General Pla n/Zoning
High Density
P(Res)
CI R
P(CG , Res)
C/O /R
P(CG, Re s)
C/O/R
P(CG , Res)
Medium Density
R3 (1 0 -20)
CI R (cl
P(CG , Re s) (c)
II I
Realistic
Acres Capacity • 99(a) 12 .44
35 (bl 7 .9
35 6 .86
25 0 .55
20 31 .3
35 (c) 5 .1
64.24
(units)
750
235
Very Low /
Low
Very Low/
Low
200 Ve ry Lo w/
Low
11 Very Lo w/
low
5 8 Very low/
Low
132 Very Low/
Low
1 ,386
(a) /I General Plan Amondcment and zoning c~angc will be ncessary to allow the increase in density from 85 to 99 umt~ per acre on Site 91.
(b) A General Plan Amendmen t and zoning change w•lf be ~ecessary to allow the increase in density fr om 30 to 35 units per acre on Si te 92
(c) A General Plan Amendmen t and zoning charge will be necessary to allow residential uses at 35 unit!, per acre on Site 86 Exis1mg zoning for
Site 96 is P(Rec, Ente1).
(d) Realistic capacity reduces the maximum developabl e units by 15 percent on Sites Bl, B2 , B3, 84 , and B6. Rea listic capacity of Site BS 1s (d)
reduced by 46 percent due to existing srte constraints.
(e ) Identified capac ity of sites that allow development densities of at leas t 20 units per acre are credited towa rd the lower-income RHNA based
on State law Pursuant to Government Code Sectio n 65583.2(c){3)(8). local governme nts may utilire "defau lt ' density standards to provtde
evidence tha t "appropnate zoning" is 1n pla ce to support the development of housing for very-low and low-income liouseholds The default
density standard· for Cupert ino and other subu rban 1urisd1ctions in Santa Clara County is 20 dwelling un its per acre (DUA) or more
(f) Realisuc capacity for sites BI and BS represent net new uni s
14
b. The Section "Housing Plan" is amended as follows:
The subsection "Implementing Strategies" is amended as follo'
The fifth bullet point under Strategy I: Land Use Policy :md Zoning Provisions is amended
as follows:
• Ptiority Housing Sites: As part of the Housing Element update , the City ha identified
five-priority sites under Scenario-A ~-(see Table HE-5) for residential development over
the next eight years . The General Plan and zoning designations will allow the densities
for th.is development. shovvn in Table .HE 5 for a1l sites except the Vallee Shoppffig
District site (Site A2). The redevelopment ofVallco Shopping District will involve
significant planning and commlH1ity input. A specific plan will be required to implement
a comprehensive strategy fur a retail/office /residential mixed 1:1se development. The
project applicant 'N-Oli:ld be required to work closely vfith: the community and the City to
bring forth a specific plan-that-meets the commooity s needs , with the a11ticipated
adoption and rezoning to occur within three years ofilie adoption oftlie 2014 2022
Housing Element (by May 31 2018). The specific plan v1ould perm.it 389 units by right
at a minimum density of 20 units per acre .
If the specific plan and rezoaing are not adopted ·N.ithin three years of Housing Element
adoption (by May 31 , 2018), the City •.vill schedule hearings consistent with Government
Gode Section 65863 to consider removing Vallee as a priority housiag site Hnder
Scenario A, to be rep.laced by sites identified in Scenario B (see detailed discussion and
sites listing of "Scenario B" in Appendix B Housing Element Tecluiioal Appendix). M
part of the adoption of Scenario B , the City intends 10 add hvo additional sites to the
inventory: Glenbrook Apartments and Homestead banes, along 'Nith i:Hcreased n1:1mber of
pennitted 1:1nits on The Hamptons and The Oaks sites . All sites in Scenario B. except the
Homestead Lanes, have Aapplicable zoning is in place"" fur Glenbrook Apartments ·
however the The Homestead Lanes site will w&U:W need to be rezoned at that time to
pennit residential uses . Any rezoning required will allow residential. uses by right at a
minimum density of 20 milts per acre.
Delete the following table:
1:
Cupertino Department of
Responsi b le Agencies Community Development/
Pla n ning Division
Funding Sources:
Ongoing: Adopt Spec1f1c Plan and
rezoning for Valko by May 31,
2018. otherwise. conduct public
hearings to consider adoption o f
"Scenano B" of sites strategy
None re<Juired
1,064 units (178 extremely
low-, 178 very low-. 207 low-.
231 moderate· and 270 above
moderate-income ur11ts)
Part V: EXEMPTIONS FOR CERTAIN PROJECTS
This Ini tiative shall not apply to any development project which ha s obtained as of the effective
date of this Initiative a vested right pursuant to State law.
Part VI: EFFECTIVE DATE, PRIORITY, AND CONSISTENCY
This lnjtiative shall become effective immediately upon the certification 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 plan s or any other plan of the City shall be revise d 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 enac t each and every provision of this
InWative regardJess of the presence or absence of any other provision , and to that e>..'tent all of
the provisions of this Initiative are to be considered severable. In th e event a final judgment of a
court of competent jurisdiction detennines that an y provision, section , su bsection , 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 sha ll remain in full force .
Part VIIl: AMENDMENT OR REPEAL
Except as otherwise indicated herein , this Initiative may be amended or repealed only by th e
voters at a City election .
16