Responses to Comments-1-
Public Comments Related to the General Plan and Housing Element
The following is a general list of comments received. Staff comments are provided in italics.
• Were respondents on the Community Design Survey residents of the City? – The participants
included residents, members of various City Commissions, and property owners.
• Photographs in the Community Design Survey should have included more developments in
the City, to solicit opinions – The photographs included a number of project types in varying
heights and intensities including those in the City.
• Based on the number of employees resulting due to increase in office allocations and ABAG
requirements, will the City have enough infrastructure; housing, transportation, etc., to
accommodate the increase of employees? – The population and housing impacts of the Proposed
Project and alternatives are discussed in detail in the EIR and no significant impacts were found.
The recommended Balanced Plan provides a balance of land uses, including meeting residential
targets in the 2040 Plan Bay Area. It also proposes locating growth near transportation corridors and
improving connectivity to reduce transportation impacts.
• The Market Study did not provide comparable data for some categories. Also, in the past,
mixed-use residential projects have not been approved with enough retail or have not
provided the approved amount of retail when constructed – The Market Study data could not
provide comparable data for certain years due to a major change in categorization of data at the
collection stage. In terms of project approvals, the “mixed-use village” concept in Community Vision
2040 addresses the provision of retail in mixed-use residential projects.
• In the past, mixed-use projects have not provided adequate parking – Recent projects, such as
Main Street and the Biltmore have improved parking layouts and parking ratios.
• Concerns related to schools, parks, etc. with housing projects – State law prevents a
jurisdiction from denying a project based on school impacts. The school impact fee is considered
adequate mitigation for the impacts of any development. All developments will continue to be
required to pay school impact fees, and either dedicate parkland or pay park in-lieu fees, depending on
the size and location of the project.
• What is the ratio of ownership and rental units? The Housing Element and the Market Study
provides this information. It should be noted that parcelization is highly discouraged in major mixed-
use corridors to allow redevelopment of key parcels over time.
• Good design is essential, particularly for high-density projects – The City has taken a very
proactive approach in ensuring the projects are built to high design standards. The project review
process also encourages extensive community input.
• How are community benefits defined? The proposed Community Benefit Program is discussed in
detail earlier in this report.
• What is the status of money received for trail and park improvements from Main Street and
Apple? The money from projects for trails has been programmed for a future study and
improvements, which is expected to begin after the adoption of the General Plan. A Parks and
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Recreation Master Plan is proposed to be prepared for the next fiscal year. The Master Plan will
identify improvements and land acquisition needed to meet City goals.
• There should be a hotel allocation that requires a five-star hotel with 200-250 rooms and 400-
person facility for meeting, conference and dining – Per the recommendation, additional height
allowed requires a convention center and community benefits in two hotel locations in the City. As
part of the project review, additional items can be required.
• The Heart of the City will be superseded by the General Plan one year after adoption. There
is no Crossroads Streetscape Plan – Amendments to the Heart of the City Specific Plan are related
to the Housing Element and the removal of the Vallco Shopping District (which will have its own
Specific Plan). No amendments are being proposed to the 35-foot front setback. The Crossroads
Streetscape plan and updates to relevant conceptual plans will be conformance action items in the
General Plan.
• Heart of the City corner lot setback – This is expected to be brought to the Council in Spring
2015.
• The South Vallco Area and the Vallco Shopping District should be clearly defined – A clear
map and description of all the Planning Areas is provided in the Draft General Plan.
• Define the 1:1 and 1:1.5 building setbacks in the General Plan. Are there changes
recommended? – Currently, all major corridors require 1:1 have building setback lines with 1:1.5
setback lines required for only a small portion of Stevens Creek Boulevard and Homestead Road (both
between Wolfe Road and Tantau Avenue) in the North Vallco and South Vallco areas. These are
building plane requirements rather than setbacks, where primary building bulk (except for
architectural features and eaves) has to be within the plane. The recommendation is to make all the
building plane requirements 1:1 in order to maintain consistency of buildings along all the major
corridors.
• Provide pedestrian-friendly design and improvements to bicycle and transit infrastructure –
This is a part of the “Complete Streets” recommendation in the Draft General Plan.
• General comments on study areas and suitability for Housing Element sites. Cupertino
residents prefer a suburban lifestyle – The Draft General Plan takes into account the importance
of neighborhood preservation, economic and fiscal stability of the City, focusing growth in major
transportation corridors, connectivity, and ensuring that an adequate number of sites are identified to
meet the City’s RHNA allocation, HCD and other criteria, and affordability requirements.
• Provide affordable housing and options for seniors – Recommended in the Draft General Plan
and Housing Element.
• Specify retail requirements in areas where retail is required for additional height – The Draft
General Plan provides additional guidance as it relates to viable retail and substantial amount of
retail on the ground floor along the street.
• Cupertino needs vibrant retail and places where the community can visit and shop –
Recommendations included in the Draft General Plan.
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• Don’t specify Green requirements (green roofs, etc.) – The Draft General Plan encourages, but
does not require Green elements beyond those required by the City’s Green Building Ordinance and
the Building Code.
• Community shuttle – This is an element of the Community Benefits Program.
• Concerns from Apple related to heights on the Hamptons site – Addressed in the General Plan
in conjunction with input from Apple and the Hamptons.
• Residential density should not include any rights-of-way – Revised in the Zoning Ordinance
and Heart of the City Specific Plan.
• The City’s vision and General Plan should direct the design of large projects rather than the
at the individual project level – The Draft General Plan provides more guidance on the
expectations of projects and the streetscape in order to provide more guidance for individual projects.
• General discussion on zoning of industrial sites to residential – Since the 2007-2014 Housing
Element was adopted, no such rezoning has occurred. The Draft General Plan clearly outlines
Housing Element sites, where residential development would be a permitted use. Residential on
mixed-use sites would be conditional uses.
• Fiscal impact of rezoning should be discussed – These can be discussed as part of the rezoning.
At this time, the only sites that are proposed for residential rezoning are Housing Element sites,
which are mandate by the State. Most of these are mixed-use sites, which require a substantial retail
component per the Draft General Plan.
• In the past, General Plan amendments have been made to allow height exceptions for an
apartment building and hotel. Only hotels should be allowed to have the maximum height
– Per the recommended heights in the Draft General Plan, no exceptions are allowed. However, base
and maximum heights are defined clearly for each area. The tallest heights are reserved only for four
areas, two of which are hotels – provided they provide Community Benefits as outlined.
• Ensure that projects meet conditions – Noted. Any revisions will be brought to the relevant body
for a decision. However, while the City can make a decision on the type and form of the land use and
zoning, it cannot make a decision on specific businesses.