CC Resolution No. 16-075 Vallco Town Center Specific Plan Resolution calling Election Rebuttal Arguments Ballot Arguments and Impartial AnalysisRESOLUTION NO. 16-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO (A)
ORDERING THE SUBMITTAL TO THE VOTERS OF A BALLOT MEASURE
ENTITLED "INITIATIVE ADOPTING THE VALLCO TOWN CENTER SPECIFIC
PLAN TO (1) PROVIDE THAT THE VALLCO SHOPPING DISTRICT SPECIAL
AREA ("AREA") CONTAINS A MIXTURE OF RESIDENTIAL, OFFICE, RETAIL,
CIVIC AND EDUCATION USES; (2) REQUIRE ANY DEVELOPMENT TO FUND
OR PROVIDE COMMUNITY BENEFITS SUCH AS TRANSIT, SCHOOLS, A
GREEN ROOF AND RECYCLED WATER; AND (3) GRANT THE PROPERTY
OWNER INITIAL ENTITLEMENTS TO DEVELOP IN ACCORDANCE WITH THE
INITIATIVE AND EST AB LISH A PROCESS FOR FUTURE APPROVALS; AND
MAKING RELATED AMENDMENTS TO CUPERTINO'S GENERAL PLAN AND
MUNICIPAL CODE" AT THE GENERAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2016, AS CALLED BY RESOLUTION NO. 16-028 (AMENDED BY
RESOLUTION NO. 16-032); (B) PROVIDING FOR WRITTEN ARGUMENTS
REGARDING A CITY MEASURE; (C) DIRECTING THE CITY ATTORNEY TO
PREP ARE AN IMPARTIAL ANALYSIS; (D) AND PROVIDING FOR THE FILING
OF REBUTTAL ARGUMENTS
WHEREAS, by Resolution No. 16-028, adopted on March 31, 2016 (amended as
to the ballot question by Resolution No. 16-032), the City Council called a General Election,
to be held on Tuesday, November 8, 2016, and requested that the Board of Supervisors of
the County of Santa Clara agree to the consolidation of the General Municipal Election with
Statewide General election, and set forth the instructions for the election; and
WHEREAS, the City Council also desires to submit to the voters at the General
election an initiative entitled "Initiative adopting the Valko Town Center Specific Plan to
(1) provide that the Valko Shopping District Special A r ea ("Area") contains a mixture of
residential, office, retail, civic and education uses; (2) require any development to fund or
provide community benefits such as transit, schools, a green roof and recycled water; and
(3) grant the property owner initial entitlements to develop in accordance with the
Initiative and establish a process for future approvals; and making related amendments to
Cupertino's General Plan and Municipal Code" ("Valko Initiative"); and
WHEREAS, on May 4, 2016, an initiative petition for the Valko Initiative was
filed in the Office of the City Clerk; the total number of signatures submitted was 3,679; the
total number of signatures reviewed for verification by the Santa Clara County Registrar of
Voters was 3,679 and the total number of signatures found sufficient was 2,912; and
Resolution No. 16-075
Page 2
WHEREAS, the minimum number of 3,712 valid signatures required to call a
special election was not met; and
WHEREAS, the minimum number of 2,475 valid signatures required to call a
regular election was met; and
WHEREAS, on June 6, 2016, the City Council accepted the report of the City
Clerk declaring sufficiency of the Vallco Initiative petition and ordered a special meeting to
be held by July 6, 2016 to receive the report on the effect of the proposed initiative pursuant
to Election Code§ 9212 ("9212 Report"); and
WHEREAS, on June 21, 2016, the City Council ordered that 9212 Report be
received at the July 5, 2016 regular City Council meeting; and
WHEREAS, on July 5, 2016, the City Council received the 9212 Report;
WHEREAS, the City Council has not voted to adopt the initiative;
WHEREAS, the City Council is authorized and directed by statute to submit the
proposed initiative to the voters; and
WHEREAS, on May 3, 2016, the City Council adopted Resolution No. 16-045,
which established deadlines for primary and rebuttal ballot arguments, and for the City
Attorney's impartial analysis, for any City of Cupertino measure placed on the November
8, 2016 ballot, unless the City Council provides otherwise; and
WHEREAS, these deadlines are as follows:
• Primary arguments for and against the ballot measure shall be submitted
to the City Clerk by 5:00 p.m. on August 15, 2016;
• Rebuttal arguments shall be submitted to the City Clerk by 5:00 p.m. on
August 22, 2016; and
• The impartial analysis shall be filed by 5:00 p.m. on August 22, 2016 ;
WHEREAS, on March 31, the City Council adopted Resolution No . 16 -030, which
authorized rebuttal arguments for and against city measures in municipal elections as
follows:
Resolution No. 16-075
Page 3
"[P]ursuant to Section 9285 of the Elections Code of the State of
California, when the elections official has selected the arguments for and
against the measure (not exceeding 300 words each) which will be printed
and distributed to the voters, the elections official shall send a copy of an
argument in favor of the proposition to the authors of any argument
against the measure and a copy of an argument against the measure to the
authors of any argument in favor of the measure immediately upon
receiving the arguments.
The author or a majority of the authors of an argument relating to a
city measure may prepare and submit a rebuttal argument not exceeding
250 words or may authorize in writing any other person or persons to
prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed,
with the printed name(s) and signature(s) of the author(s) submitting it, or
if submitted on behalf of an organization, the name of the organization,
and the printed name and signature of at least one of its principal officers
who is the author of the argument, by the deadline established by the City
Council. The rebuttal arguments shall be accompanied by the Form of
Statement To Be Filed By Author(s) of Argument to be provided by the
City Clerk.
Rebuttal arguments shall be printed in the same manner as the
direct arguments. Each rebuttal argument shall immediately follow the
direct argument which it seeks to rebut"; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council, pursuant to its right and authority, in
addition to the previously authorized actions, does order submitted to the voters at the
General Municipal Election to be held in the City of Cupertino on Tuesday, November 8,
2016, the following question:
Resolution No. 16 -075
Page4
Shall an initiative be adopted enacting the Valko
Town Center Specific Plan for the 58-acre Valko
Shopping District Special Area requiring residential
(approximately 389 -800 units, including
approximately 20% senior housing), office (2,000,000
sf), commercial (640,000 sf), hotet park,
civic/educational uses; requiring
funding/community benefits for transportation
(approximately $30,000,000), schools (approximately
$40,000,000), green roof (approximately 30 acres),
recycled water; granting initial entitlements;
establishing development standards and limited
future approval process; and making related
Cupertino General Plan and Municipal Code
amendments?
YES
NO
SECTION 2. That the text of the ballot measure, without attachments, 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, with attachments, 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 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 5. 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 6. 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.
Resolution No. 16-075
Pages
SECTION 7. That, pursuant to Resolution Nos. 16-029 and 16-045, the primary
arguments for and against this ballot measure shall be submitted to the City Clerk by 5:00
p.m. on August 15, 2016, and shall not exceed 300 words.
SECTION 8. That, pursuant to Resolution Nos. 16-029, 16-030, and 16-045, the City
Council has provided for the filing of rebuttal arguments concerning this measure. Rebuttal
arguments shall be submitted to the City Clerk by 5:00 p.m. on August 22, 2016, and shall
not exceed 250 words.
SECTION 9. That all arguments shall be filed with the City Clerk, signed, with the
printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of
an organization, the name of the organization, and the printed name and signature of at
least one of its principal officers who is the author of the argument. The arguments shall be
accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be
provided by the City Clerk.
SECTION 10. That the City Council directs the City Clerk to transmit a copy of the
measure to the city attorney to prepare an impartial analysis of the measure, not exceeding
500 words, showing the effect of the measure on the existing law and the operation of the
measure. The impartial analysis shall be filed by 5:00 p.m. on August 22, 2016.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 5th day of July, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Sinks, Wong
Paul
None
None
APPROVED:
Grace Schmidt, City Clerk
Exhibit A
INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VO
The people of the City of Cupertino ordain as follow s:
Section 1.
T hi s initiative measure s hall be known a nd may be c it ed as ·'T he Val k o Town ~t~PeF "'k~ CITY CLERK
Plan Initiati ve" (th e "Initi a tiv e").
Section 2. Findings and Purpose.
A. Fi ndin gs . The people of the C ity of Cupertin o ("C ity") find and declare the fo ll owi ng:
I . T he Vallco Shop ping District Special Area is an approx imate ly 58-acre planning a rea
loc ated in th e City between Inte rsta te 280 a nd Steve ns Creek Boulevard and inte rsec ted
by o rth Wolfe Road , as s hown on pages A-I and A-2 of Exhibit A he re to ("Va llc o
Shopping Di strict" or "Property"). Approximately 5 1 ac res of th e Vallco S hopping
Di s trict is th e site of a failing e nclosed regional ma ll (and associated parking) that is
s ufferin g from s ig nific a nt vaca ncies (th e "Mall "). Due to a var iety of challenges,
including but not limited to , outdated infras tructure , a confusing and ineffici e nt park in g
layo ut, weak anc hor sto res and shifts in co ns um er preferences, th e Mall began to
deteriorate in th e 1990s , settin g off a strin g of mortgage defaults a nd ba nkruptc y filing s .
Multiple ownership changes and redevelo pm e nt effort s ensued, yet a ll fa il ed and
occupancy co ntinued it s de cline into the 2000s. Due to extraordinaril y str o ng regional
re tai l competition a nd th e few tenants th a t remain today, the Mall cannot supp ort the
o ngo in g operati o n of th e existin g 1.2 milli o n squ a re fee t of retail-only space.
2. Cup e rtin o residents have long recog ni zed the fai lu res a nd inherent obsolescenc e of th e
Mall. T he City Co uncil a nd the community hav e spent years working to esta bli sh a new
vision for revitalizing the Mall.
3. In December 20 14 , the C ity Co un c il adopted an updated General Plan, Co mmunity Vision
20./0 ("Genera l Pl an"), which includes goa ls, po li cies and strategies s pecificall y re latin g
to th e Vallco Shopp in g District. T he General Pl an provi des the framework for a complete
redevelopment a nd repositioning of the si te into a new, mixed-use "town cent er," w ith a
vibra nt mixture of retail , office, and reside nti a l uses that wi ll become a destination for
shoppin g, dinin g , enterta inm e nt, and co mm erce for C upertin o residents.
4. Based o n thi s vision , the General Plan req uires a spec ifi c plan to be adopted for the
Vallco Sho pping Di strict prior to a ny redevelopme nt to speci fy the la nd uses, des ign
standards and g uid e lines, and infras tructure imp rove me nts required to se rve th e Vallco
Shoppin g District.
5. Thi s Ini tiat ive impl e me nt s a nd fol fills th e require me nts of th e General Pl a n a nd the vis io n
of the community by approving th e Vallco Town Cente r Specific Plan ("Spec ifi c Plan ").
attac hed hereto and in corp orated he re in as Ex hibi t C, a ll owi ng th e complete
re deve lopme nt of the plan a rea into a vibran t, s usta inabl e, walkable, and safe "town
ce nt er" ne ighborhood with a m ix of re ta il , dining, e nt e rtainm e nt, recreat io n, offices,
housing, hote l, ed uca ti o n, civic, open space, a nd public a meniti es for Cupertin o res idents.
6 . Impl e me ntati o n of the S pecific Pl a n will e levate the quality of community li fe of
Cup e rtino res id e nt s by c reat in g a mi x of thoughtfully designed public places of va ri o us
scale s, including amenities suc h as a market hall , a new, state-of-the -art movie th eater
and ice rink , civic, educational and wellness venues, as well as walkable st reets, bicy cl e
la nes , a nd tran s it facilities fitting for a tru e town center.
7 . To e ns ur e th e type of ex traordinary community benefits th a t C up ertin o residents deserve,
the Spec ifi c Plan req uires a 30-acre greenway on the integrated roofs of the var ious town
ce nter buildings. Th is privately funded a nd ma intai ned rooftop Com munity Park and
Nature Area wi ll include 3.8 miles of walkin g a nd jogging trails, meadows, vin eyards ,
o rch ards a nd organic gardens and w ill be planted with native, drought-tolerant
la nd scap in g that thrives on little to no water th at wi ll be watered as necessa ry wi th
rec ycled water de li ve red tlu·ou gh a new recycled water line extend ed to the a rea. This
one-of-a kind g reen a me ni ty for C up e rtino residents will provide a vis ua l connect ion to
th e s urro undin g mo untain ranges of Sa n Fra ncisco Bay , host a diverse set of act ive a nd
INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
passive community-oriented uses, help to visually integrate the plan area with the
surrounding public streets, buffer the plan area, reduce the area 's urban heat island effect,
minimize water run-off and water and air quality impacts, and improve th e e nergy
efficiency of the buildings .
8. The Specific Plan area presents a unique opportunity to solve th e City 's sustainability
challenges -economic, social, and environmental -through smart technologies and data .
The Specific Plan shall seek to integrate physical , digital and human systems in the built
environment to deliver a sustainable, prosperous and inclusive future for Cupertino
residents. The goal for the Specific Plan area is to positively benefit the community
through smart city development strategies, and it s program, design , and operations will
be the basis for this benefit.
9. The Specific Plan will also provide additional , substantial public benefits and
improvements. This includes new development under the Specific Plan to provide-in
addition to the maximum state-mandated school fees-additional benefits to schools of
approximately $40 million to enhance Cupertino 's excellent schools, such as a new High
School Science and Engineering Innovation Center, solutions to create net additional
enrollment capacity to enhance the quality of instruction and student learning, and space
dedicated to local adult education programs. The Specific Plan also provides for
charitable/civic space, including for local non-profits and civic organizations; dedicated
senior housing units ; an amphitheater to ho st outdoor concerts and movie ni ghts; a
destination play space for children; banquet and event space for large and small events;
effective traffic solutions for pre-existing and future conditions (including spearheading
and providing substantial funding for a free community shuttle in partnership with local
employers and transit agencies, a new transit center, and a stringent vehicle trip reduction
program through a comprehensive Transportation Demand Management plan); as well as
very substantial economic and fiscal benefits in th e form of one-time construction -related
tax re ve nues to the City and new recurring property taxes , transient occupancy taxe s, and
retail sales taxes annually to the City.
I 0. The goals, policies, and mandatory design features in the Specific Plan adopted by this
Initiative, which includes required environmental design features , will ensure that th e
actions approved by this Initiative will be enviroru11entally so und and in compliance with
the City's policies, guidelines , and standards.
11. The provis ions of this Initiative , including the adoption of the Specific Plan, are in th e
public interest and are consistent with the General Plan as amended by this Initiative.
Specific Plan consistency with the amended General Plan is shown in Exhibit D hereto .
12 . This Initi at ive serves the public health , safety , and welfare of C upertino re si de nts, as well
as peo ple in the surrounding region.
B . Purpose. The purpose of thi s Initiative is ensure that , consistent with the C ity 's General
Plan , the failed Vallco Shopping District Special Area can be redeveloped into a vibrant,
sustainable, walkable and safe new neighborhood with a mix of retail , dining,
entertainment, recreation , offices, housing, open space, educational, ci vic , and public
amenities, with exceptional community benefits and high-quality design , that will
improve the quality of life of C upertino resident s.
Section 3. Citv of Cupertino General Plan Amendments.
The voters here by an1end the City of Cu pertino General Plan as follows (new language to be
inserted into the General Plan is shown as und e rlined text and la ng uage to be del eted is shown in
strikethr01:1gh te1<t ; language shown in regular or bold type refl ects the existing General Plan text
and is provided for informational/reference purposes):
A. Amendments to the Land Use and Community Design Element.
The Land Use and Community Design Element of the Cupertino General Plan is amended as
follows:
2
IN ITI ATIVE M E ASU R E TO B E SU BMITE D DIRE C TLY T O TH E VOTE R S
T he secti o n ti t led "Vall co Shopping D is tri c t S pec ia l Area," w hic h is w ithin th e "Spec ia l A reas"
su bsecti on of th e "P la nnin g A reas Goals and Po lic ies" sectio n of th e La nd Use and Community
Desig n Ele me nt , is amend e d as fo ll ows:
Valko S hopping District S pecial Arca
T he C ity envis io ns a com ple te re deve lopme nt of th e ex ist in g Va ll co Fashi o n Ma ll int o a
vibrant mi xed-use "to vm ce nt er" th at is a foca l poi nt fo r reg io nal v isi tors and th e
co mmunity . T h is new Va llc o Sho ppin g Di str ict w ill become a destin at io n fo r sho p pin g,
d inin g and e ntertai nme nt in th e Santa Clara Valley .
GOAL LU -1 9
CREATE A DI STINCT AN D MEMORABLE MJXED-USE "TOWN CENTER " T HAT
IS A RE GI ONAL DESTIN ATION AND A FOCAL POI N T FO R THE COMMUN ITY
Policy L U-19.1: S pecific Plan
Create a Vallc o Sho pping Di striet Town Ce nter Specific Pl a n pr ior to any deve lo pm ent
on th e s it e th at lays o u t th e la nd uses, des ig n s tand ards a nd g uid e lin es, and infras truc tu re
improveme nt s requ ired . T he Spec ifi c Pl a n w ill be based o n th e fo ll owi ng stra teg ies:
Strategy LU-19.l.l: Mas ter Developer. Redeve lo pm e nt w ill re qu ire a mas ter
deve lo per in o rd er re move th e o bstacl es to th e develo pme nt of a cohes ive d istrict
w ith the hi ghest levels of urba n design .
S trategy LU-19.l.2: Parcel a ssembly . Pa rcel asse mbl y and a pl a n fo r co mpl e te
re deve lo pment o f th e s it e are requi re d prior to adding reside ntia l a nd office uses.
Parce li zatio n is hi g hl y di scouraged in o rd er to prese rve the si te fo r red eve lopme nt
in th e futu re. unl ess parce li zatio n in c lu des ad equ ate p ro tecti ve meas ur es to
prov id e in centi ves and guide lin es fo r cooperati o n a mo n g owne rs .
S trategy LU-19 .1.3: Complete Red ev elopment. T he "town ce nt e r" p la n s ho uld
be based o n compl e te red evelo pment of th e site in orde r to e ns ure that the s it e ca n
be pl a nn ed to carry out the co mmunity vis io n .
Stra tegy L U-19.1.4: Land use. To carrv o ut the C ity 's v is ion for a v ib ra nt
mi xed-use "to w n ce nter." th e Vallco Town Cente r S pecifi c Pl a n s ha ll require a
mi x of th e fo ll owing uses o n th e s ite T he fo ll ow ing uses are all o•nre d o n th e s ite
(see Figure LU-I fo r res id entia l de nsiti es a nd crite ri a):
I. Re tai l : Hig h-performin g re ta il , resta urant a nd e ntertai nm e nt uses.
Ma in ta in a min imum o f 600 ,000 squ a re fee t of re ta il that p rov id e a good
so urce of sa les tax for the C ity . E nte rta inme nt uses may be inc lud ed b ut
sha ll cons ist of no mo re th an 30 perce nt of re ta il uses.
2. Hote l: Eneo urage Provide a bu si ness c lass ho te l w ith con fe re nce ce nte r
a nd active uses in c ludin g ma in entrances, lo b bies. re tai l a nd restaura nt s
o n th e ground fl oor.
3. Resid e nti a l: Mew Ma inta in resid e nti al o n up per floo rs w ith re ta il a nd
ac ti ve uses o n th e gro und fl oor. Enco urage a mi x of un its fo r yo un g
profess io na ls, co upl es and acti ve seni ors w ho like to li ve in an acti ve
"town cent er" e nv iro nment. The res id e ntial co mpo ne nt of th e p ro ject
sha ll ded ica te the greater of 80 uni ts. o r 20% of th e to ta l uni ts. as sen io r
ho usin g (in com p li a nce with state a nd fe de ral law).
4. Offi ce: fa1eo urnge Main ta in hi g h-qua li ty office s pace arranged in a
pedestri a n-o riented street gri d w it h active u ses o n the groun d floor ,
publ icl y-access ibl e streets and p lazas/ g ree n s pace. A minimum of
I 00.000 sq uare feet sha ll be set as id e fo r inc ubato r. co-work s pace
and /or mul ti -tenan t spaces for start-ups. mid -sized compa ni es and /o r
new a nd e merging te chno logies. wi th p refe re nce for lo ca l comp a ni es.
3
INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
5. Public. Quasi-Public. Open Space and Parks: Reguire property owner(sl
to provide generous amounts of parks and open space. educational
facilities. community gathering spaces. c ivic uses. public art. and
community event spaces.
In addition. the following uses are allowed on the site, although not required:
Amenities : Amenities that are complementary or anci ll ary to any of the permitted
uses . such as. but not limited to. cafeterias. lobbies. community halls. or meeting
spaces are a lso permitted.
Strategy LU-19.1.5: "Town Center" layout. Create streets and blocks laid out
using "transect planning" (appropriate street and building types for each area),
which includes a discernible center a nd edges, public space at center, high quality
public realm , a nd la nd uses appropriate to th e street a nd building typo logy .
Strategy LU-19.1.6: Connectivity. Prov ide a newly configured complete street
grid hierarchy of streets, boulevards and a ll eys that is pedestrian-oriented ,
connects to existing streets, and creates wa lk able urban blocks for buildings and
open space. It should also incorporate transit facilities , provide connect ions to
other transit nodes and coord in ate with the potential expansion of Wolfe Road
bridge over Interstate 280 to continue the wa lkab le, bikeable boulevard concept
a long Wolfe Road. The project sRettM shall a lso contribute towards a stud y and
improvements to a potential Interstate 280 trail a long the drainage channel south
of the freeway and provide pedestrian and bicyc le connections from the project
sites to the trail. Any project that fully redevelops the existing mall in the Vallco
Shopping District sha ll a lso fund transportation and transit infrastructure that
provides effective traffic sol uti ons. including providing approximately $30
million toward planned transportation improvements at the 1-280 and Wolfe Road
interchange and other I-280 segments. partnering with loca l employers and transit
agencies to provide a free community shuttle . providing an on-site transit center
and/or mobility hu b. and implementing a transportation demand management plan
with an overall target of reducing office-generated weekday peak hour trips by 30
percent below applicable Institute of Transportation Engineers Office Use trip
generation rates. This transportation and transit fu ndin g ob li gatio n shall not app ly
to anv hotel project.
Strategy LU-19.1.7: Existing streets. Improve Stevens Creek Boulevard and
Wolfe Road to become more bike and pedestrian-friendly with bike lanes, wide
sidewalks, street trees , improved pedestrian intersections to accommodate the
connections to Rosebowl and Main Street.
Strategy LU-19.1.8: Open space. Open space in the form ofa central town
square on the west and east sides of the district interspersed with plazas and
"greens" that create communi ty gathering spaces, locations for public art, and
event space for community eve nt s.
Strategy LU-19.1.9: Building form. Buildings should have high-quality
a rchitecture, and an emphasis on aesthetics , human scale , and create a sense of
place. Taller buildings should provide appropriate transitions to fit into the
surrounding area.
Strategy LU-19.1.10: Gateway character. High-quality buildings with
architecture and materials befitting the gateway c haracter of the site . The project
should provide gateway signage and treatment.
Strategy LU-19.1.11: Phasing plan. A phasing plan that lays out the timing of
infrastructure, open space and land use improvements that ensures that elements
desired by the community are included in early phases.
4
INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
Strategy L U-19.1.12: Parking. Parking in s ur face lots s hall be located to th e s id e
or rear of buildin gs. Und ergro und parking beneath buildings is preferred . Above
grade structure s sha ll not be loca ted a lo ng major s treet frontages. In cases, where
above-grade stru c tur es are a ll owed a lo ng internal street frontages , th ey shall be
lined with reta il , entries and active uses o n th e ground floor. All parkin g
stru c tures should be de s ign ed to be arch it ecturall y compatible with a hig h-q ua lity
"town center" e nvironment.
Strategy LU-19.1.13: Trees. Retai n trees a lo ng the Inte rst a te 280 , Wolfe Road
a nd Stevens Creek Boul evard to th e ex tent feasi bl e, when new development are
proposed .
Strategy LU-19.1.14: Ne ighborhood buffers. Co ns id e r buffers suc h as setb ack s,
la nd sca ping and/or building tran sition s to buffer a butting s in g le-family re s idential
areas from vis ual a nd no ise im pacts .
Strategy LU-19.l.15: Green Roofand Recvcled Water. To furth e r en ha nc e
a nd comp lement the open s pa ce require ments set forth in Strategy LU-19.1 .8 a nd
to pro vi de a n exce ption a l communitv benefit. a publicl v ac cessi bl e green roof is
required for the portion of a proj ect th at fully redeve lops the existin g mall within
the Va llco Shopping Di strict. T he gree n roof shall be at least 30 acres in s ize with
a minimum of3.8 mil es of publicly accessible tra il s . To minimi ze the wa te r
demand assoc iated with a green roof. the use of recycl ed water and drought
to lerant a nd nati ve land scaping that thrives o n littl e to no irrigated water will be
utili zed. To meet this o bligation. future recycled water service shall be ex tend ed
to the Va llco Shoppi ng District by th e developer. These require me nt s s ha ll not
a pply to any hote l pro jec t.
B. Ame ndme nts to the Infrastructure Ele me nt.
Po li cy INF -2.5 ("Recycled Water Infras tru ctur e") of the Infrastructure Ele me nt is amended as
fo llows :
Policy INF-2.5: Recycled Water Infrastructure
Plan for citywide access to re cycled water and e nco urage its use .
Strategy JNF-2.5.l: Ava ilability . Ex pa nd the availability ofa recyc led wate r
syste m throug h public infrastructure projects and development rev iew.
Strategy INF-2.5.2: Use. Enc o ura ge pri vate a nd publi c proj ec ts to in co rpo ra te
th e use of rec ycled water for la nd sca ping a nd ot11er uses.
Strategy INF-2.5.3: City Facilities. Design a nd re tro fit C ity buildings, facilities
a nd landscapi ng to use recyc led water , to the exte nt feasible .
Strategy INF-2.5.4: Valko Town Center Specific Plan. Require th at any
project that fully redevelops the ex isting ma ll within th e Vallco Shopp in g District
exte nd th e re cyc led water line to the area covered by th e Vallco Town Center
Specific Plan and maximize use of recycled water. This require me nt s hall not
a pply to a ny hotel proj ec t within the Vallco Town Center Specific Plan area.
C. Ame ndme nt s to Ap pendi x A .
Appe ndi x A ("Land Use De finition s") to th e General Plan is amended to includ e the fo ll owi ng
new la nd use category :
Valko Town Center Specific Plan
T he Vallco Town Center Specific Pl an designation a ppl ies to the Vallco Shopping
District Special Area. and a llows a mix of uses. incl uding retail. restaurant
e nte rt a inm e nt , re s id e nti a l. office. hotel. publi c (including civic). quasi-public .
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INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS
educational. parks. open space. and amenities. Projects developed under this designation
must be consistent with the Valko Town Center Specific Plan.
D . Amendments to the Land Use Map .
The existing ·'City of Cupertino Land Use Map ," a copy of which is attached hereto for
informational purposes only at page A-I of Exhibit A hereto , is amended to redesignate the
approximately 58 acre Property from Commercial/Office/Residential to Valko Town Center
Specific Plan, as set forth on page A-3 of Exhibit A .
Section 4. City of Cupertino Municipal Code Amendments.
The voters hereby amend the City of Cupertino Municipal Code as follows (new language to be
inserted into the Municipal Code is shown as underlined text and language to be deleted is shown
in strikethroHgh te1H ; language shown in regular type reflects the existing Municipal Code text
and is provided for informational/reference purposes):
A new chapter titled "Valko Town Center Specific Plan (VTCSP) Zone," is added to Title 19
("Zoning") of the Municipal Code, as follows:
As envisioned by the General Plan. a zoning district entitled the "Vallco Town Center
Specific Plan " district (VTCSP) is established as shown on the official zoning district
map of City of Cupertino. The VTCSP zoning district implements the Valko Town
Center Specific Plan. incorporated by reference. a copv of which shall be on file in the
office of the city clerk. The Valko Town Center Specific Plan includes architectural and
design guidelines. site development standards. public facility improvement plans .
environmental design features and other development standards that satisfy zoning code
requirements. The standards. guidelines and improvement plans contained in the Vallco
Town Center Specific Plan shall govern the VTCSP zoning district. When the Valko
Town Center Specific Plan does not provide specific standards and/or procedures for
review. approval and /or administration of development projects. the standards and
procedures in this code shall applv. provided, however. that in no event shall application
of the standards or procedures in this code frustrate or inhibit development of the Valko
Town Center Specific Plan.
Section 19.16 .110 ("Zoning Districts Designated") of Chapter 19 .16 ("Designation and
Establishment of Districts") of Title 19 ("Zoning") the Municipal Code, is amended to add the
following Zoning Map Designation and District Name : VTCSP Valko Town Center Specific
Plan.
Section 19.156.040 ("Planned Development Permit and Conditional Use Permit-Findings and
Conditions") of Chapter 19.156 ("Development Permits, Conditional Use Permits and
Variances") of Title 19 ("Zoning") of the Municipal Code, is amended as follows :
A. The decision maker may grant a planned development permit or a conditional use
permit only if all of the following findings are made:
I. The proposed development and /or use, at the proposed location, will not be
detrimental or injurious to property or improvements in the vicinity , and will
not be detrimental to the public health , safety, general welfare , or
convenience;
2. The proposed development and/or use will be located and conducted in a
manner in accord with the Cupertino Comprehensive General Plan ,
underlying zoning regulations , and the purpose of this title and complies with
the California Environmental Quality Act (CEQA).
B. For purposes of granting a conditional use permit to increase residential units
within the Valko Town Center Specific Plan district above the number of units
specified in the Housing Element for the Valko Shopping District Special Area .
the conditional use permit shall be granted if the above findings are made. For
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I NITI ATIVE MEASURE TO BE SU BMITED DIRECT LY TO THE VOTE R S
purposes of fi ndin g (A)( I ). th e in c rease in res id e nt ia l units w ithin th e Va lko Town
Center S pec ifi c Pla n di stri ct sha ll be deemed not to be detrim e nt a l to th e publi c
health . sa fe ty . ge nera l we lfa re. o r conve ni e nce if th e re a re no new sig nific ant a nd
un avoi da bl e imp ac t s beyo nd tho se id e nti fie d in th e E nv iro nm e nt a l Imp ac t Re port
pre pared fo r th e General Plan: Co mmunitv Vis ion 2015 -2040. as to th e
res id e nt ia l units.
Sect io n 20 .04 .040 ('·Zonin g Di strict A p p li cabl e to a Spec ifi c P lan") o f Cha pt er 20.04 ("S pec ific
Pl a ns") of T it le 20 ("Ge neral a nd Specific P la ns") of th e M un ici pa l Cod e , is a me nd ed as fo ll ows:
A ll areas govern ed by a s pecific p la n. wi th th e exce pti o n of th e Va lko Town Ce nt e r
Speci fi c Pl an ar ea. s ha ll be zoned as a pl a nn ed deve lo pm e nt (P) zonin g di stri c t und er
C hapte r 19.48 of th e C ity 's Ordinance Co de a nd a ll regul ati ons gove rn ing la nd use
a pp rova ls in a pl a nn ed developm ent zo ne s ha ll be a ppli ca bl e to s pecifi c p la ns . A
pro posa l fo r s pecific pl ru1 may be co mbin ed w ith a ny applica tion fo r la nd use
entitl e ment s in th e C ity 's pl a nn ed deve lopme nt zo nin g di stri c ts.
T he existin g "C ity of Cupe rtino Zoning Ma p," a copy of w hich is att ac hed for in for mati o na l
purposes o nl y a t page 8-1 of Ex hibit 8 he re to , is ame nded to c hange th e Pro pe rty 's zo nin g fro m
P(Regio na l S ho pping) a nd P(CG) to VTCS P(Va lko Town Center S pec ifi c P lan), as se t fo rth o n
page B-3 of Ex hi bit 8 .
Section 5. Adoption of the Valko Town Center S pecific Plan.
T he Va lko Town Ce nte r S pecifi c Pl a n, a tt ac he d here to as Ex hibit C, is he re by ado pt ed . T he
full text of Ex hibit C comme nces o n page C -1 of thi s Init ia ti ve.
Section 6. Implementation of the Initiative.
A. U po n th e effecti ve da te of th is Initi a ti ve , the Ci ty is direc ted to p ro mptl y ta ke a ll
a pp ro pri a te actio ns needed to impl e me nt thi s In iti at ive . T hi s In iti a ti ve is co nsi de red
ado pt ed a nd effecti ve up on the earli est da te lega ll y poss ibl e after th e Electi o ns Offic ia l
certifi es the vote o n th e Initi ative by the vote rs of the C ity of C upe rt in o.
8 . Upo n th e effecti ve da te of thi s Initi ati ve, th e provis io ns of Secti o n 3 are he re by in se rt ed
into th e Ge nera l Pl an ; exce pt th at if th e fo ur a me ndme nts of th e Genera l Pla n permitted
by sta te law fo r any cale nd a r yea r ha ve a lready bee n utili ze d in the year in w hi c h thi s
Initiati ve becomes effecti ve, th e Genera l Pl a n am e ndm e nts set fo rth in thi s In itiati ve sha ll
be th e first ame ndme nt s in serted int o th e Ge ne ra l Pl a n o n January I of th e next year.
C. T he Ge neral Pl a n in effect on th e date of filin g of th e No tic e o f Inte nt to C irc ul a te thi s
Initi a ti ve ("F ilin g Date"), and th e Ge neral Pl a n as ame nd ed by thi s Initiati ve , comp rise a n
int egrated , inte rn a ll y co ns iste nt and com pa tibl e sta te ment of po li c ies fo r th e C ity. To
ens ure tha t th e City 's Ge nera l Pl a n re mai ns a n in tegrated , int e rn a ll y cons iste nt and
co m patibl e state ment of po lici es for th e C ity , any prov is io n of th e Ge nera l Pl a n th a t is
ad o pt ed be tween th e Filing Date and th e effecti ve date of th e Ge nera l Pl an a me ndm e nts
ado pted by thi s Initi ati ve s ha ll , to the exte nt tha t s uc h inte rim-enacted prov is io n is
inc o ns iste nt with th e Ge ne ral Pl a n a me nd me nt s ado pt ed by thi s Ini t ia ti ve , be a me nd ed as
soon as possibl e and in th e ma nn er a nd tim e re quired by sta te law to e ns ure cons is te ncy
between th e prov is io ns ado pte d by th e Init iat ive and o th er e le me nts o f th e Ge nera l Pl an .
Section 7. Effect of Other Meas ures on the Same Ballot.
In approv in g thi s Initiati ve , it is th e vo ters ' inte nt to create a co mpre he ns ive regul atory pl a n to
govern th e future use a nd deve lopment of th e Ya llco Town Center S peci fi c Pl an a rea . To e ns ure
th at th is inte nt is not fr ustrated , thi s Ini t iat ive is p resented to the vo ters as a n a lte rn ative to , a nd
w ith th e express inte nt th a t it w ill co mp ete w it h, a ny a nd a ll voter ini t ia ti ves placed o n t he sam e
ba ll ot as th is In itia ti ve and w hic h, if a pp rove d , wo ul d re g ul ate the use or development of
p ro pe rty with in t he Va lko Town Ce nte r S peci fic Pla n area in a ny ma nn er w hatsoever (each, a
"Confli ctin g Initi ati ve "). In th e event th at thi s In it iati ve a nd o ne o r mo re Confli ctin g Ini tia tives
a re ad opted by the vote rs a t th e same e lecti o n, the n only tha t meas ure w hi c h receives th e g reatest
n um be r of affi rmat ive vo tes s ha ll cont ro l in its e ntirety a nd sai d oth er meas ure or meas ur es sha ll
7
INITIATIVE ME AS URE TO BE S UBMITED DIRECTLY TO THE VOTERS
be re nd e red vo id and w ith o ut an y legal effect. In no event s hal l thi s Initi a ti ve be inte rp re te d in a
ma nner th a t wo uld pe rmit it s o perat io n in conjuncti o n w ith any , including th e no n-confli ctin g,
provisio ns o f any Conflictin g Initia ti ve. I f thi s Initiati ve is a pproved by th e vo te rs but
s upe rsede d by Jaw in w ho le or in part by an y o ther Confli ctin g Initi ati ve approved by the vo ters
at the same e le cti o n , a nd s uch Conflicting Initi ati ve is la te r he ld inv a lid . thi s Initiati ve s hall be
se l f-execut ing and g iven full fo rce o f law.
Section 8. Interpretation and Severa bilitv.
A. Thi s Initiative mus t be inte rpre te d so as to be cons iste nt with all fede ral and sta te laws,
rul es, and regul ati o ns . If an y section , s ub-secti o n, sent e nc e, cl a use, phrase, part, o r
po rti o n o f thi s Initi at ive is he ld to be in valid o r un constitutiona l by a fin a l j ud g me nt of a
co urt of compe te nt jurisdi ct io n, s uc h d e ci sio n does no t a ffec t th e validi ty of th e
re m a ining p o rti o ns of thi s Initi a ti ve. T he vo te rs d eclare th at thi s Initi a ti ve, and eac h
secti o n, sub-section , sente nce, cl a use, phrase, part, o r po 11i o n th er eof, wo uld have bee n
ad o pt e d o r passed irrespe cti ve of the fact that any o ne o r more section s, s ub-s ecti o ns,
sente nc es, cl a uses, phrases, pa rt , o r po 11ion is found to be inva lid . If an y prov is io n o f thi s
Initi a ti ve is he ld in valid as a ppli ed to a ny pe rson o r circ um stance, s uch in va lidity does
no t a ffe ct any a ppli cation of thi s Initi a ti ve that can be g iv e n e ffect wi th o ut th e in va lid
a ppli cati o n .
B . If a ny po rti o n of thi s Initi a ti ve is held by a co urt of co mpe tentjuris di cti o n to be in valid .
we th e Peopl e of the C it y ofCupe11in o indi cate o ur stro ng de s ire that: (i) the C it y Co un ci l
use it s best e ffo rt s to s usta in a nd re -enact tha t porti o n. and (ii ) the C ity Counc il
impl e ment th is Initi a ti ve by ta king a ll s teps possibl e to cure a ny in a de quaci es or
de fi cie nci es id e ntifi e d by the c o urt in a m a nn e r co ns is te nt w ith th e ex press and impli e d
inte nt o f thi s Initi a ti ve, in c luding adopting o r ree nacting any s uc h po rtion in a ma nne r
con s is te nt with the inte nt of thi s Initi a tive .
C. T hi s Ini t iati ve mus t be broadl y construe d in o rd e r to achi eve the pur poses s ta ted above .
It is th e inte nt of th e vo te rs th at th e prov is io ns of thi s Init ia tive be inte rpre te d a nd
imple me nted by th e C ity a nd o the rs in a mann e r th a t fac ilit ates t he purpose set forth in
thi s Initiati ve.
Section 9. Amendment.
Pri or to Ja nu a ry I , 20 2 7 , th e provis io ns o f thi s Initiati ve. includ ing but no t limite d to th e Va lko
Town Cente r S pecifi c Pl a n that it a do pt s . can be a me nd e d o r re pealed o nl y by a majority of the
vo te rs of th e C it y vo tin g in a n e le ction held in acco rd an ce with s tate Jaw . On o r afte r Janua ry I ,
20 2 7 , a vo te of the peo pl e shall no t be re quire d to a me nd o r repe a l any po rti o n o f thi s Initi ati ve ,
a nd thi s Initi ati ve m ay be am e nde d or re pealed by any procedure othe rwi se a utho ri zed by law.
Section 10. List of Initiative Exhibits .
T he fo ll owin g exhibit s to thi s Initi ati ve a re in corporate d he re in by re fe re nce :
Exhibi t A -A me ndme nt to Gene ral Pl an La nd Use Map
Exhibit B - A me ndme nt to Zoning Map
Ex hi b it C -Valko Town Cente r S pecific Pl a n
Ex hibit D -Gene ral Pl a n Co ns is te ncy C har t
8