PC Packet 1-28-20CITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber
Tuesday, January 28, 2020
6:45 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Election of Chair, Vice Chair and Committee appointments. Postponed from
the January 14, 2020 meeting.
Recommended Action: 1) Elect a Chair and Vice Chair of the Planning Commission,
assign representatives to various Committees, make a recommendation to the City
Council for the Planning Commission representative to the Environmental Review
Committee;
2) Review the upcoming meeting calendar
Staff Report
1 - Committee appointments 2020
2 - 2019 Committee appointments
3 - 2020 Calendar, tentative meeting schedule
2019 Planning Commission Attendance Roster
APPROVAL OF MINUTES
2.Subject: Draft Minutes of November 12, 2019. Postponed from the January 14, 2020
meeting.
Recommended Action: approve or modify the Draft Minutes of November 12, 2019
Draft Minutes of November 12, 2019
3.Subject: Draft Minutes of December 10, 2019. Postponed from the January 14, 2020
meeting.
Recommended Action: Approve or modify the Draft Minutes of December 10, 2019
Draft Minutes of December 10, 2019
4.Subject: Draft Minutes of January 14, 2020
Recommended Action: approve or modify the Draft Minutes of January 14, 2020
Draft Minutes of January 14, 2020
Page 1
Planning Commission Agenda January 28, 2020
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the
Commission from making any decisions with respect to a matter not on the agenda .
WRITTEN COMMUNICATIONS
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
5.Subject: Municipal Code Amendments to the Cupertino Municipal Code for Accessory
Dwelling Units (Chapter 19.112 -Accessory Dwelling Units and Chapter 19.08 -
Definitions), for clarifications, and consistency with recently adopted State Bills .
Application No(s).: MCA-2018-04; Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the public hearing and;
1) Find that the proposed actions are exempt from CEQA; and
2) Approve the Draft Resolution recommending that the City Council adopt an
Ordinance to make amandments to the City's Municipal Code
Tentative City Council hearing date: February 4, 2020
Staff Report
1 - Draft Resolution
2 - Redlines to Municipal Code Chapters 19.08, 19.20 and 19.112
3 - CA Govt. Code Sections 65852.2 and 65852.22
4 - Public Comment
NEW BUSINESS
6.Subject: Planning Commission Work Program FY 2020-2021
Recommended Action: Discuss topics and ideas to recommend that the City Council
incorporate into the Planning Commission's Work Program for FY 2020-2021
Staff Report
1 - City Work Program Flow Chart
2 - Guidance on Commission Proposals for City Work Program
3 - FY2019-20 Planning Work Program
4 - Commission Proposals for FY 2020-21 City Work Program
5 - Chapter 2.32, Planning Commission
OLD BUSINESS
Page 2
Planning Commission Agenda January 28, 2020
7.Subject: Study Session on the General Plan Annual Review/Implementation Plan and to
consider General Plan Policies and Strategies that could benefit from clarification .
Recommended Action: That the Planning Commission:
1. Provide additional direction on the format and content of the General Plan Annual
Review/Implementation Plan (Attachment 1)
2. Consider General Plan Policies and Strategies that could benefit from clarification
(Attachment 2).
Staff Report
1 - GP 2019 Annual Report - PC 1-28-2020
2 - General Plan Comments - Updated Jan 21 2020
STAFF AND COMMISSION REPORTS
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the
next Planning Commission meeting who is visually or hearing impaired or has any disability that needs
special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the
meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning
Commission meeting agendas and writings distributed for the meeting that are public records will be
made available in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives
linked from the agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Page 3
Planning Commission Agenda January 28, 2020
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
Page 4
PLANNING COMMISSION STAFF REPORT
Agenda Date: January 14, 2020
SUBJECT
Appointment of a Chair, Vice Chair and Committee representatives
RECOMMENDATION
Elect a Chair and Vice Chair
Recommend an Environmental Review Committee (ERC) representative
Appoint a Design Review Committee (DRC) member and an alternate
Appoint a Housing Commission representative
Appoint an Economic Development Committee representative
Discuss the Hearing Schedule for 2020
BACKGROUND
Terms
The terms of office of the Chair, Vice Chair and Design Review Committee members are
for one year and end in January of each year.
DISCUSSION
Chair and Vice Chair: The selection of the Chair typically is the Vice Chair, who was
Vikram Saxena (appointed in January 2019, first term ends 2023). The selection of the
new Vice Chair typically is based on seniority and rotation. The following
Commissioners are listed below based on seniority and rotation:
1. Alan Takahashi – re-appointed in January 2017 (second term ends 2021)
2. David Fung – appointed January 2017 (first term ends January 2021)
3. R. Wang – appointed January 2019 (partial term ends January 2021)
4. Catherine Moore – appointed January 2019 (first term ends January 2023)
5. Vikram Saxena – appointed January 2019 (first term ends January 2023)
Environmental Review Committee
Typically, the City Council reviews the staff members of ERC annually. Historically,
the Planning Commission recommends its Chair to serve on the Environmental Review
Committee. The Planning Commission’s recommended ERC member will be reviewed
and formally appointed by the City Council.
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
Design Review Committee
The Municipal Code provides that the Vice Chair of the Planning Commission is the
Chair of the Design Review Committee, so only one member and an alternate need to
be appointed.
Housing Commission
The Planning Commission sends a representative to the Housing Commission to
provide better communication between the Commissions. The Planning Commissioner
is not a voting member and there is no term of office. New appointments occur from
time-to-time; the same representative may be re-appointed or a new representative may
be selected. Usually the selection is determined by the level of interest of a particular
Planning Commissioner.
Economic Development Committee
Each year, the Planning Commission sends a representative to the Economic
Development Committee to help enhance awareness and communication with the
business community. The Economic Development Committee is an ad hoc committee.
There are no term limits, the same representative may be re -appointed or a new
representative may be selected.
______________________________________________________________________________
Prepared by: Beth Ebben, Deputy Board Clerk
Approved by: Benjamin Fu, Director of Community Development
ATTACHMENTS:
1 - Planning Commission Committee Appointees
2 - 2019 Committee Appointments
3 - Tentative 2020 Planning Commission Hearing Calendar
PLANNING COMMISSION COMMITTEE APPOINTEES updated 1/28/20
Planning Commission Meeting / 2nd & 4th Tuesday, 6:45 p.m.
R “Ray” Wang –
Vikram Saxena –
Alan Takahashi –
David Fung -
Catherine “Kitty” Moore –
Environmental Review Committee / 1st & 3rd Thursday, 9:30 a.m., Conference Room C
– representative
– alternate
(City Council representatives: Chao and Willey)
Design Review Committee / 1st & 3rd Thursday, 5:00 p.m., Conference Room C
- Chair (the Vice Chair of the Planning Commission serves as the Chair of the DRC)
- Commissioner
- alternate
Housing Commission Meeting / 2nd Thursday, 9:00 a.m., Conference Room C
– representative
- alternate
Economic Development Committee/ Quarterly, 2nd Wednesday, 10:00a.m., Conference
Room A (2-12-20, 5-13-20, 8-12-20 and 11-11-20)
– representative
– alternate
(City Council representatives: Sinks and Chao)
Mayor’s Monthly Meeting/ 1st Wednesday, 5:30pm, Conference Room A
cancelled…January 1st
…February 5th
…March 4th
…April 1st
…May 6th
…June 3rd
…July 1st
…August 5th
…September 2nd
…October 7th
…November 4th
… December 2nd
PLANNING COMMISSION COMMITTEE APPOINTEES updated 2/12/19
Planning Commission Meeting / 2nd & 4th Tuesday, 6:45 p.m.
R “Ray” Wang – Chair
Vikram Saxena – Vice Chair
Alan Takahashi – Commissioner
David Fung - Commissioner
Catherine “ Kitty” Moore – Commissioner
Design Review Committee / 1st & 3rd Thursday, 5:00 p.m., Conference Room C
Vikram Saxena - Chair
David Fung - Commissioner
Kitty Moore - alternate
Economic Development Committee/ Quarterly, 2nd Wednesday, 10:00a.m., Conference
Room A (2-13-19, 5-08-19, 8-14-19 and 11-13-19)
Alan Takahashi– representative
David Fung– alternate
(City Council representatives: Scharf, Chao)
Environmental Review Committee / 1st & 3rd Thursday, 9:30 a.m., Conference Room C
Kitty Moore – representative
R Wang – alternate
(City Council representatives: Paul, Scharf (alternate))
Housing Commission Meeting / 2nd Thursday, 9:00 a.m., Conference Room C
Alan Takahashi – representative
David Fung - alternate
Mayor’s Monthly Meeting/ 1st Wednesday, 5:30pm, Conference Room A
cancelled…January 2nd
Geoff Paulsen…February 6th
David Fung…March 6th
Alan Takahashi…April 3rd
Kitty Moore…May 1st
Vikram Saxena…June 5th
R Wang…July 3rd
David Fung…August 7th
Kitty Moore…September 4th
Vikram Saxena…October 2nd
Alan Takahashi…November 6th
R Wang… December 4th
◄ Dec
2019 January 2020 Feb 2020
►
Sun Mon Tue Wed Thu Fri Sat
1
HOLIDAY
2
ERC Meeting
DRC Meeting
3
4
5
6
7
CC Meeting
8
9
AH Meeting
HC Meeting
10
11
12
13
14
PC Meeting
15
16
ERC Meeting
DRC Meeting
17
18
19
20
HOLIDAY
21
CC Meeting
22
23
AH Meeting
24
25
26
27
FAC Meeting
28
PC Meeting
29
30
31
◄ Jan
2020 February 2020 Mar 2020
►
Sun Mon Tue Wed Thu Fri Sat
1
2
3
4
CC Meeting
5
6
ERC Meeting
DRC Meeting
7
8
9
10
11
PC Meeting
12
13
AH meeting
HC Meeting
14
15
16
17
HOLIDAY
18
CC Meeting
19
20
ERC Meeting
DRC meeting
21
22
23
24
25
PC Meeting
26
27
AH Meeting
28
29
◄ Feb
2020 March 2020 Apr 2020
►
Sun Mon Tue Wed Thu Fri Sat
1
2
3
CC Meeting
4
5
ERC Meeting
DRC Meeting
6
7
8
9
10
PC Meeting
11
12
AH meeting
HC Meeting
13
14
15
16
17
CC Meeting
18
19
ERC Meeting
DRC Meeting
20
21
22
23
FAC Meeting
24
PC Meeting
25
26
AH meeting
27
28
29
30
31
◄ Mar
2020 April 2020 May
2020 ►
Sun Mon Tue Wed Thu Fri Sat
1
2
ERC Meeting
DRC Meeting
3
4
5
6
7
CC Meeting
8
9
AH meeting
HC Meeting
10
11
12
13
14
PC Meeting
15
16
ERC Meeting
DRC Meeting
17
18
19
20
21
CC Meeting
22
23
AH meeting
24
25
26
27
28
PC Meeting
29
30
◄ Apr
2020 May 2020 Jun
2020 ►
Sun Mon Tue Wed Thu Fri Sat
1
2
3
4
5
CC Meeting
6
7
ERC Meeting
DRC Meeting
8
9
10
11
12
PC Meeting
13
14
AH meeting
HC Meeting
15
16
17
18
19
CC Meeting
20
21
ERC Meeting
DRC Meeting
22
23
24
25
HOLIDAY
26
PC Meeting
27
28
AH Meeting
29
30
31
◄ May
2020 June 2020 Jul
2020 ►
Sun Mon Tue Wed Thu Fri Sat
1
2
CC Meeting
3
4
ERC Meeting
DRC Meeting
5
6
7
8
9
PC Meeting
10
11
AH meeting
HC Meeting
12
13
14
15
16
CC Meeting
17
18
ERC Meeting
DRC Meeting
19
20
21
22
23
PC Meeting
24
25
AH Meeting
26
27
28
29
30
◄ Jun
2020 July 2020 Aug
2020 ►
Sun Mon Tue Wed Thu Fri Sat
1
2
ERC Meeting
DRC Meeting
3
HOLIDAY
4
5
6
7
CC Meeting
8
9
AH meeting
HC Meeting
10
11
12
13
14
PC Meeting
15
16
ERC Meeting
DRC Meeting
17
18
19
20
21
CC Meeting
22
23
AH Meeting
24
25
26
27
FAC Meeting
28
PC Meeting
29
30
31
◄ Jul
2020 August 2020 Sep
2020 ►
Sun Mon Tue Wed Thu Fri Sat
1
2
3
4
CC Meeting
5
6
ERC Meeting
DRC Meeting
7
8
9
10
11
PC Meeting
12
13
AH meeting
HC Meeting
14
15
16
17
18
CC Meeting
19
20
ERC Meeting
DRC Meeting
21
22
23
24
25
PC Meeting
26
27
AH Meeting
28
29
30
31
◄ Aug
2020 September 2020 Oct 2020
►
Sun Mon Tue Wed Thu Fri Sat
1
CC Meeting
2
3
ERC Meeting
DRC Meeting
4
5
6
7
HOLIDAY
8
PC Meeting
9
10
AH meeting
HC Meeting
11
12
13
14
15
CC Meeting
16
17
ERC Meeting
DRC Meeting
18
19
20
21
22
PC Meeting
23
24
AH Meeting
25
26
27
28
FAC Meeting
29
30
◄ Sep
2020 October 2020 Nov
2020 ►
Sun Mon Tue Wed Thu Fri Sat
1
ERC Meeting
DRC Meeting
2
3
4
5
6
CC Meeting
7
8
AH meeting
HC Meeting
9
10
11
12
13
PC Meeting
14
15
ERC Meeting
DRC Meeting
16
17
18
19
20
CC Meeting
21
22
AH Meeting
23
24
25
26
27
PC Meeting
28
29
30
31
◄ Oct
2020 November 2020 Dec 2020
►
Sun Mon Tue Wed Thu Fri Sat
1
2
3
CC Meeting
4
5
ERC Meeting
DRC Meeting
6
7
8
9
10
PC Meeting
11
HOLIDAY
12
AH meeting
HC Meeting
13
14
15
16
17
CC Meeting
18
19
ERC Meeting
DRC Meeting
20
21
22
23
FAC Meeting
24
PC Meeting
25
26
HOLIDAY
27
HOLIDAY
28
29
30
◄ Nov
2020 December 2020 Jan 2021
►
Sun Mon Tue Wed Thu Fri Sat
1
CC Meeting
2
3
ERC Meeting
DRC Meeting
4
5
6
7
8
PC Meeting
9
10
AH meeting
HC Meeting
11
12
13
14
15
CC Meeting
16
17
ERC Meeting
DRC Meeting
18
19
20
21
22
PC Meeting
23
24
HOLIDAY
25
HOLIDAY
26
27
28
City Hall Closed
29
City Hall Closed
30
City Hall Closed
31
HOLIDAY
Planning CommissionJan Jan Feb Feb MarMar SPMar Apr Apr Ma Ma Ju Ju Jul JulJul SPAug Aug Sep Sep Oct OctOctSPNov NovDec SPDec DecTotal Regular Meeting AbsencesRegular Meetings ScheduledAbsence Percentage %Ray WangPPXSPX X P P A1 P P PNQP SPA2 X P P XNQA3 SPPXSP PX323 13%David FungPXPPXSPXXPPPPPPNQA1 SPPXPPXNQP APXSP PX123 4%Kitty MoorePPXSPXXPPPPPPNQP SPPXPPXNQA1 SPPXSP PX123 4%Vikram SaxenaPPXSPXXPPPPPPNQA1 SPPXPPXNQA2 SPPXAA3X323 13%Takahashi, AlanPXPA1XSPXXPPPA2PPNQA3 SPPXA4PXNQP SP A5XSP PX523 22%Meet twice monthly, 2nd & 4th Tuesday, 6:45 p.m., Community Hall Council Chamber. Staff Liaison is Ben Fu.sp = special meeting (does not count towards regular attendance)Wang, Moore, and Saxena appointed on 1/29/19
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
ACTION MINUTES, November 12, 2019
PLEDGE OF ALLEGIANCE
At 6:45 p.m Chairperson Wang called to order the regular Planning Commission meeting in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA. and led
the Pledge of Allegiance.
ROLL CALL
Present: Chairperson R Wang, Vice Chair Vikram Saxena, Commissioners Kitty Moore, David
Fung. Absent: Alan Takahashi
APPROVAL OF MINUTES:
1. Subject: Draft Minutes of October 28, 2019.
Recommended Action: Approve or modify the Draft Minutes of October 28, 2019
Moved by Saxena and seconded by Wang to: “Approve the minutes”. The motion carried 3-
0-2 (Fung abstain, Takahashi absent)
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
The Chair re-ordered the hearing order of the agenda items to #4, #5, #2, #3 and #6.
ORAL COMMUNICATIONS:
Genevieve Kolar, Student Representative on the Foothill-De Anza Board of Trustees, spoke
about the housing needs of college students.
Ian Greensides shared his concerns about Chair Wang continued service on the Commission.
Jennifer Griffin spoke about the housing bills being proposed by the State.
Lisa Warren spoke about financing for student housing needs, the Flint Center replacement
project meeting she attended, and mentioned the article about trees in the Cupertino Scene.
WRITTEN COMMUNICATIONS:
An email was received regarding item #4. At the meeting, notes were received regarding item
#2.
CONSENT CALENDAR: None
STUDY SESSION
2. Subject: Study Session regarding amendments being proposed to City Standards for
parkland dedication and fees (Chapter 1308 – Park Land Dedication Fee, Chapter 14.05 – Park
Maintenance Fee, and Chapter 18.24 – Dedications and Reservations) and the Certified General
Plan Amendment, Housing Element Update and Associated Rezoning Draft EIR
Recommended Action: Provide any input to Staff regarding the proposed amendments
Commissioner Moore recused herself.
Assistant Public Works Director/City Engineer, Chad Mosley, reviewed the Staff Report and
answered questions from the Commissioners. The Commissioners were concerned about the
fees being cost prohibitive to development.
Chair Wang opened the public comment period and the following individual(s) spoke:
Lisa Warren
Peggy Griffin
Jennifer Griffin
Chair Wang closed the public comment perio d.
The fee calculation methodology was discussed at length. The Planning Commissioners
recommended further study to ensure that fees are adequate to provide necessary open space
while not disincentivizing housing development.
3. Subject: Study Session on the General Plan Annual Review/Implementation Plan and
consider General Plan Policies and Strategies that could benefit from clarification.
Recommended Action: Provide additional direction on the format and content of the
General Plan Review/Implementation Plan; and consider General plan Policies that could
benefit from clarification.
The Planning Commissioners opted to postpone this item to a future meeting.
PUBLIC HEARINGS
4. Subject: Appeal of the Director’s approval of a Residential Review permit to allow the
construction of a 520 square foot first -floor addition and an 820 square foot second-story
addition with a second story setback less than 15’ and a Minor Residential Pe rmit to allow a
balcony on the new second story. Application No(s): R-2017-33, RM-2017-39; Appellant(s):
Shayjan Huang and Eric and Cindy Fang; Applicant(s): Francis Kun (Tsai residence); Location:
21865 San Fernando Avenue APN# 357-15-043
Recommended Action: Conduct the public hearing and deny the appeal and uphold the
Director’s decision to approve the applications per the Draft Resolutions.
Associate Planner, Erika Poveda, reviewed the Staff Report and project details. She was asked
and answered questions by the Commissioners. The Appellant and Applicants also addressed
the Commissioners and answered questions.
Chair Wang opened the public comment period and the following individual(s) spoke:
Lisa Warren
Tai-Tsong Wang
Hitesh Merchant
Peggy Griffin
Jennifer Griffin
Peter Wong
Chair Wang closed the public comment period.
The Planning Commissioners discussed the merits of the proposed project. They agreed that
there needed to be better communication between the applicant and the neighbors. The
Commissioners asked that Staff consider updating the Approved Tree list and refining the
standards for Minor Residential Permits relating to second story balconies. The appeal was
denied and the Director’s approval upheld with modifications to Condition of Approval #10 as
follows; privacy protection shall include alternative plantings and a balcony side of at least 48”,
comprised of materials that provide sufficient privacy screening.
Moved by Chair Wang, second by Com. Moore, the motioned carried 4-0-1 (Takahashi absent)
5. Subject: Review three additional projects (Regnart Creek Trail, Citywide Community
Gardens, and Linda Vista Trail) added during the adoption of the Five Year Capital
Improvement Program FY 2020-2024 (2019-2020 to 2023-2034) for consistency with the City’s
General Plan.
Recommended Action: Conduct the public hearing and find: 1) that the revised program is
exempt from CEQA; and 2) that the program is consistent with the City’s General Plan.
Capital Improvements Manager, Michael Zimmermann and Director of Public Works, Roger
Lee, reviewed the Staff Report and project details. They were asked and answered questions by
the Commissioners.
Chair Wang opened the public comment period and the following individual(s) spoke:
Peggy Griffin
Lisa Warren
Chair Wang closed the public comment period.
The Commission brought up the continued inequity of parkland space in the City. The
Commissioners agreed that the CIP was overall in conformity with the General Plan. However,
in regards to Policy RPC-2.3, there continues to be a deficiency in parkland space in parts of the
City. The Commissioners made a change to the Draft Resolution , finding #3: The Planning
Commission notes that these projects add parkland to the westside of the City, which is
identified as a low priority for park acquisition pursuant to General Plan Policy RPC -2.3,
nevertheless, the Commission finds in accordance with the City’s Municipal Code based on the
evidence in the records, that these projects are in conformance with the City’s General Plan.
Moved by Com. Moore, second by Chair Wang, the motioned carried 4-0-1 (Takahashi absent)
6. Subject: Cupertino Municipal Code Amendments to specify development standards in the
Planned Development Zoning District (Chapter 19.80 – Planned Development (P) Zones) and
the Third Addendum to the Final EIR prepared for the General Plan Amendment, Housing
Element Update, and Associated Rezoning Project (State Clearinghouse No. 2014032007).
Application No(s): MCA-2019-005, EA-2013-03; Applicant(s): City of Cupertino); Location:
citywide
Recommended Action: Conduct the public hearing and recommend that the City Council;
1) Adopt an Addendum to the Final EIR; and 2) Approve the proposed Municipal Code
Amendments per the Draft Resolution
Commissioner Moore recused herself.
Planning Manager, Piu Ghosh, reviewed the Staff Report and provided background
information for the Commissioners. She was asked and answered questions.
Chair Wang opened the public comment period and the following individual(s) spoke:
Peggy Griffin
Jennifer Griffin
Chair Wang closed the public comment period.
The Planning Commissioners asked clarifying questions and Staff clarified that the proposed
changes to the P Zones standards will not impact development since the amendments continue
to allow applicants the option to pursue the current process in which the City processes
development applications.
Moved by Com. Saxena, second by Chair Wang, the motioned carried 3-0-2 (Moore recused,
Takahashi absent)
OLD BUSINESS
None
NEW BUSINESS
None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Commissioners Moore, Fung, and Chair Wang mentioned the various meetings and events
they have attended.
ADJOURNMENT:
The meeting was adjourned at 11:05pm to the next regular Planning Commission meeting on
November 26, 2019 at 6:45 p.m.
Respectfully Submitted:
______/s/Beth Ebben_______________
Beth Ebben, Deputy Board Clerk
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
ACTION MINUTES, December 10, 2019
PLEDGE OF ALLEGIANCE
At 6:45 p.m Chairperson Wang called to order the regular Planning Commission meeting in the
Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA. and led
the Pledge of Allegiance.
ROLL CALL
Present: Chairperson R Wang, Commissioners Kitty Moore, David Fung, Alan Takahashi
Absent: Vice Chair Vikram Saxena
APPROVAL OF MINUTES:
1. Subject: Draft Minutes of November 12, 2019.
Recommended Action: Approve or modify the Draft Minutes of November 12, 2019
The approval of the Minutes was postponed due to a lack of a quorum
2. Subject: Draft Minutes of December 2, 2019.
Recommended Action: Approve or modify the Draft Minutes of December 2, 2019
Moved by Takahashi and seconded by Moore to: “Approve the minutes”. The motion carried
4-0-1 (Saxena absent)
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
WRITTEN COMMUNICATIONS: None
CONSENT CALENDAR: None
STUDY SESSION
3. Subject: Study Session on General Plan Annual Review/Implementation Plan and consider
General plan Policies and Strategies that could benefit from clarification. Postponed from the
November 12, 2019 meeting.
Recommended Action: Provide additional direction on the format and content of the
General Plan Annual Preview/Implementation Plan; and Consider General plan Policies and
Strategies the could benefit from clarification. any input to Staff regarding the proposed
amendments
Planning Manager, Piu Ghosh, reviewed the Staff Report and updated the Commissioners on
the recent formatting changes that have been incorporated into the document per the
Commissioners prior requests. She answered questions from the Commissioners.
Chair Wang opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Chair Wang closed the public comment period.
Further discussion of this item was tabled until after Agenda Item #4. The discussion resumed
with the Commissioners providing input and suggestions on pages of the report through page
23 (of 90). This discussion will continue over the next several meetings.
PUBLIC HEARINGS
4. Subject: Approve a new 155 room, 7-story hotel (24-hour operations) with underground
parking, event meeting rooms, a ground floor restaurant with separate bar and a rooftop lounge
with a separate bar by demolishing a commercial building with an area of 8,323 square feet.
City actions would include General plan Amendments to consider amending Table LU-1 by
increasing the development allocation of hotel rooms to 155 in the Homestead Special Area and
Figure LU-1 to allow increased heights and reduced building plane within the North De Anza
Gateway specific to the development; Other permits include: Development, Architectural and
Site Approval, and use Permits and a Development Agreement. A Mitigated Negative
Declaration is proposed. Application No(s): GPA-2018-01, DP-2018-01, ASA-2018-02, DA-2018-
01, U-2018-02, EA-2018-03; Applicant(s): Sherly Kwok (De Anza Properties); Location: 10931 N
De Anza Blvd. APN# 326-10-061
Recommended Action: Conduct the public hearing and recommend that the City Council:
Adopt the Mitigated Negative Declaration, adopt the mitigation measures and adopt the
Mitigation Monitoring and Reporting Program; and Approve the applications for General Plan
Amendment and Permits per the Draft Resolutions.
Senior Planner, Gian Paolo Martire, reviewed the Staff Report and project details. He was asked
and answered questions by the Commissioners. The Applicants also addressed the
Commissioners and answered questions.
Chair Wang opened the public comment period and the following individual(s) spoke:
Joshuwin (sp)
Chair Wang closed the public comment period.
The Planning Commissioners discussed the merits and concerns of the proposed project. The
traffic flow, height of the building, architecture, benefits to the City’s residents, environmental
mitigation measures and the terms of the Development Agreement were discussed. The
Planning Commission recommended approval of the applications per the Draft Resolutions
with a typo correction to GPA-2018-01, page 5, change text header to read “Homestead Special
Area”
Moved by Chair Wang, second by Fung, the motioned carried 4-0-1 (Saxena absent)
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Commissioners Takahashi and Moore mentioned the meetings and events they have attended.
Chair Wang thanked the other Commissioners and Staff for a collaborative 2019.
ADJOURNMENT:
The meeting was adjourned at 10:35pm to the next regular Planning Commission meeting on
January 14, 2020 at 6:45 p.m.
Respectfully Submitted:
______/s/Beth Ebben_______________
Beth Ebben, Deputy Board Clerk
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
ACTION MINUTES, January 14, 2020
PLEDGE OF ALLEGIANCE
At 6:45 p.m Vice Chairperson Saxena called to order the regular Planning Commission meeting
in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA. and
led the Pledge of Allegiance.
ROLL CALL
Present: Vice Chair Vikram Saxena, Commissioners Kitty Moore, David Fung, Alan Takahashi
Absent: Chairperson R Wang
CEREMONIAL MATTERS:
1. Subject: Elect a Chair, Vice Chair and Committee representatives
Recommended Action: Elect a Planning Commission Chair, Planning Commission Vice
Chair, make a recommendation to the City Council for a representative to the Environmental
Review Committee, keep or select new representatives to the Housing Commission and
Economic Development Committee.
Per the Commissioners’ discussion, it was decided that this item would be postponed to the
next meeting when all of the Commissioners are in attendance.
APPROVAL OF MINUTES:
2. Subject: Draft Minutes of November 12, 2019.
Recommended Action: Approve or modify the Draft Minutes of November 12, 2019
The approval of the Minutes was postponed due to a lack of a quorum
3. Subject: Draft Minutes of December 10, 2019.
Recommended Action: Approve or modify the Draft Minutes of December 10, 2019
The approval of the Minutes was postponed due to a lack of a quorum
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS: None
WRITTEN COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARINGS
4. Subject: Municipal Code Amendments to regulate Short-Term Rental activity in the City.
A new Chapter 5.08 (Short Term Rental Activity) is proposed and amendments are proposed
to Chapter 3.12 (Transient Occupancy Tax), Chapter 19.08 (Definitions), Chapter 19.12
(Administration), Chapter 19.20 (Permitted, Conditional and Excluded Use in Agricultural and
Residential Zones) and Chapter 19.120 (Home Occupations), of the Cupertino Municipal Code.
Application No(s): MCA-2018-02 Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the public hearing and recommend that the City Council:
Find that the proposed action is exempt from CEQA; and Recommend approval of amending
the Municipal Code by adding Chapter 5.08 and amending Chapters 3.12 (Transient Occupancy
Tax), Chapter 19.08 (Definitions), Chapter 9.12 (Administration) and Chapter 19.120 (Home
Occupations) per the Draft Resolution.
Senior Planner, Erick Serrano, reviewed the proposed new “Short Term Rental Activity”
Municipal Code and the other proposed Municipal Code changes. He was asked and answered
questions by the Commissioners. The Commissioners made several suggestions for clarity.
Vice Chair Saxena opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Lisa Warren
Vice Chair Saxena closed the public comment period.
The Planning Commissioners discussed the proposed new Chapter at length. There was
concern about registry compliance, enforcement costs, traffic impacts and how future State
level legislation regarding Accessory Dwelling Units and other Housing Laws could impact
this Code.
Motion to: Approve the Draft Resolution; with additional language stating that per AB 68, new
ADUs and new JADUs are not eligible for Short Term Rental activities; and that there be a 5%
cap on the number of Short Term Rental permits issued.
Moved by Moore, second by Saxena, the motioned failed 2-2-1 (Fung and Takahashi voting no,
Wang absent)
The Commissioners approved the Draft Resolution. Per their discussion, they would like the
City Council to consider as part of their final approval: the status of ADUs and JADUs; whether
existing ADUs can by used for Short Term Rental activities if its already registered; and
language clarifications. They would like Staff to more fully explore how other cities are
implementing similar Ordinances and include that additional information to the City Council.
Motion to: Approve the Draft Resolution, with the additional language to include JADUs to the
Accessory Dwelling Unit exclusion
Moved by Moore, second by Takahashi, the motioned carried 4-0-1 (Wang absent)
OLD BUSINESS:
5. Subject: Study Session on General Plan Annual Review/Implementation Plan and consider
General plan Policies and Strategies that could benefit from clarification.
Recommended Action: Provide direction of the format of the General Plan Annual
Preview/Implementation Plan; and Consider General plan Policies and Strategies the could
benefit from clarification.
Planning Manager, Piu Ghosh, reviewed the Staff Report and updated the Commissioners on
the recent formatting changes that have been incorporated into the document per the
Commissioners prior requests. She answered questions from the Commissioners.
Vice Chair Saxena opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Lisa Warren
Vice Chair Saxena closed the public comment period.
The discussion continued with the Commissioners providing input and suggestions on pages
of the report LU-19.1 through HE-2.3.2. This discussion will continue over the next several
meetings.
NEW BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Director Fu reminded the Commissioners to sign up for the Planning Commissioner’s
Academy.
REPORT OF THE PLANNING COMMISSION:
Commissioner Moore mentioned the Housing Commission meeting she attended.
ADJOURNMENT:
The meeting was adjourned at 9:45 pm to the next regular Planning Commission meeting on
January 28, 2020 at 6:45 p.m.
Respectfully Submitted:
______/s/Beth Ebben_______________
Beth Ebben, Deputy Board Clerk
PLANNING COMMISSION STAFF REPORT
Meeting: January 28, 2020
SUBJECT
Municipal Code Amendments to Chapter 19.112 - Accessory Dwelling Units, Chapter
19.20 - Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
and Chapter 19.08 – Definitions, for Clarifications, and Consistency with recently
adopted State Bills (Application No. MCA-2018-04; Applicant: City of Cupertino;
Location: City-wide)
RECOMMENDED ACTION
That the Planning Commission adopt the draft resolution (Attachment 1) recommending
that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from CEQA; and
2. Amend Chapter 19.112, Accessory Dwelling Units, Chapter 19.20, Permitted,
Conditional and Excluded Uses in Agricultural and Residential Zones, and Chapter
19.08 Definitions of the Municipal Code.
DISCUSSION
Background
The City has worked to incentivize the production of Accessory Dwelling Units (ADUs)
under the Community Livability and Sustainable Infrastructure sections of the last two
City Work Programs. This included, but was not limited to, fee reductions, and
modifications to development standards in accordance with State Bills. Further, the City’s
Housing Element encourages the increased supply of these types of units to provide
affordable housing opportunities that meet the City’s Regional Housing Needs
Allocation (RHNA) for moderate level housing. A proposed modification to Chapter
19.112 was proposed to Planning Commission on June 11, 2020 which would have
allowed larger units by removing the 10% lot size restriction. The recommendation was
denied 1-3-1 (Takahashi absent) since State Bills were anticipated to be passed later in the
year which would have required the City to adopt further conforming amendments.
In October of 2019, the state adopted significant changes to Government Code section
65852.2 and related statutes in the 2019 legislative session aimed to further streamline
permitting and construction of ADUs (See Attachment 2.) These went into effect on
January 1, 2020. The primary new requirements are itemized in Table 1 Summary of
California Legislative Amendments Concerning Accessory Dwelling Units below.
Table 1 Summary of California Legislative Amendments Concerning Accessory Dwelling Units
California Legislative Amendments
State Bills Primary requirements
AB 68 (Ting), AB
881 (Bloom), SB 13
(Wieckowski)
Certain types of ADUs are considered “streamlined” so long as basic
minimum requirements are met.
o Within existing single-family residences, accessory structures, or certain
multifamily spaces.
o Certain detached ADUs on both single-family and multi-family lots.
o Junior accessory dwelling units (JADUs), which must be within existing
living space and smaller than 500 square feet, but can share a bathroom
with the primary residence.
Processing time for streamlined units limited to 60 days and impact fees are
either eliminated or reduced.
Short-term rentals prohibited in all streamlined units.
Cities may impose some additional development standards and requirements
on all other, non-streamlined ADUs. However, state law limits cities’ ability
to impose most setback and parking requirements, and constrains application
of other standards relating to floor area ratios, site coverage, and lot size.
Not permitted to impose owner occupancy restrictions, except in JADUs, sun
setting on January 1, 2025.
AB 587 (Friedman) Cities must allow separate sale of ADUs, but only when certain stringent
requirements are met. This provision is intended to facilitate separate conveyance
of deed restricted affordable housing from a qualified non-profit corporation.
AB 670 (Friedman) Homeowner’s associations can no longer prohibit or unreasonably restrict
development of ADUs.
AB 671 (Friedman) Requires Housing Elements to incentivize and promote the creation of affordable
ADUs.
Under the amendments to Section 65852.2, the City’s existing ADU ordinance has been
be null and void as of January 1, 2020. The City proposes to adopt a “compliant”
ordinance to enforce some city-specific development standards on some types of ADUs,
where legally permitted. However, the new state laws significantly reduce the policy
choices available to the city. As a result, the proposed draft ordinance is primarily based
on the new regulations imposed by state law.
The amendments proposed have been identified with strikethroughs and underlines (as
appropriate) in Attachment 3.
Analysis
Revisions
Chapter 19.08, Definitions
The definition of ‘Accessory Dwelling Unit’ was expanded to include Junior Accessory
Dwelling Units. The definition of ‘Single Family Residence’ was clarified for consistency
with the State’s version, which could include townhomes as long as they are not air
parcels or condominiums.
Chapter 19.20, Permitted, Conditional and Excluded Uses in Agricultural and Residential Zones
The Accessory Dwelling Unit land use line in Table 19.20.020 Permitted, Conditional and
Excluded Uses in Agricultural and Residential Zones was amended to show it as a ‘Permitted’
use in the R1C, R-2, and R-3 zoning districts as long as the standards in Chapter 19.112,
Accessory Dwelling Units are met.
Chapter 19.112, Accessory Dwelling Units
Chapter 19.112, Accessory Dwelling Units is intended to implement the State’s ADU
requirements, which furthers the City’s own affordable housing goals by providing
additional housing in all zoning districts where single family homes and multifamily
units are allowed in a manner which minimizes adverse impacts. This Chapter has been
modified several times since 2016 to keep pace with the State of California’s various
Assembly & Senate Bills.
To reflect the amendments to Government Code section 65852.2, the ordinance has been
delineated between streamlined and non-streamlined Accessory Dwelling Units.
Streamlined ADUs
Under the new state law, four types of streamlined ADUs are defined as follows in Table
2 Types of Streamlined Accessory Dwelling Units:
Table 2 Types of Streamlined Accessory Dwelling Units
Single Family Multi-Family
“Conversion of space within principal dwelling unit or
accessory structures”
1 ADU or JADU
Lot with existing or proposed Single Family Residence
Residential or mixed-use zoning
Within existing or proposed space, or within an
expansion of an Accessory Structure of up to 150 sq.
ft., if expansion is to accommodate ingress or egress
Direct exterior access
Side and rear yard setbacks sufficient for fire safety
If JADU, meets requirements in Government Code
65852.22
“Conversions of interior space within
multifamily dwelling structures”
At least 1 ADU, and up to 25
percent of existing units in MF
dwelling
Existing MF dwelling
ADU is within existing, non-
livable space (i.e., storage rooms,
boiler rooms, passageways,
attics, basements, garages)
Complies with state building
standards for dwellings.
“New Construction Detached ADU ≤ 800 s.f.”
1 ADU
Lot with existing or proposed Single Family Residence
Detached
New construction
Meets 4 foot side and rear yard setbacks
Also allowed if primary residence already has a JADU
IF CITY ADOPTS ORDINANCE:
o 800 sq. ft. max
o 16 ft. height limit
“Detached, New Construction ADU”
Up to 2 ADUs
Lot with existing MF dwelling
Detached
16 ft. height limit
Meets 4 foot side and rear yard
setbacks
Maximum size: 800 sf
For all four categories:
Must prohibit short-term rentals
City cannot require correction of non-conforming conditions
City cannot require parking
If on-site water system, City can require certain percolation tests.
Junior ADUs, mentioned in Table 1 above, must meet the requirements of Govt. Code
Section 65852.22 which include the following:
Limited to no more than 500 s.f. and contained entirely within the existing single
family structure.
Either the single-family residence or JADU must be owner-occupied, unless the
owner is a governmental agency, land trust, or housing organization.
Owner required to record a deed restriction, expressly enforceable against future
purchasers, containing a prohibition on the sale of the JADU separate from the
single-family residence, and a restriction on the size and attributes of the JADU to
conform to State law.
Attached Accessory Dwelling Units are not streamlined. Processing time for streamlined
units limited to 60 days and impact fees are either eliminated or reduced.
Non-Streamlined Accessory Dwelling Units
Attached ADUs of any size and detached ADUs over 800 sf are not addressed in the
state’s regulations as requiring streamlining and therefore, may be categorized as non-
streamlined ADUs. The proposed ordinance imposes the City’s development standards,
including those for building heights, setbacks, site coverage, floor area ratio, and building
envelopes where applicable and allowed per the Government Code. State law requires
certain modifications, which are incorporated into the proposed ordinance:
• The City is not permitted to require any changes to setbacks on existing structures
being converted into an ADU or when an existing structure is being replaced with
a new ADU, as long as the replacement structure is constructed to the same
dimensions and in the same location. Additionally, for new construction ADUs,
the City is not permitted to impose a side or rear yard setback greater than 4 feet.
• The City cannot impose building envelope requirements, floor area ratios, or site
coverage requirements that would reduce the size of the ADU below 16 feet in
height or 800 square feet in gross floor area. Any ADU larger than 800 sf may be
limited by the floor area, landscape coverage, and lot coverage requirements of the
underlying zoning districts.
• The City cannot set a maximum size of less than 850 square feet (for studio or one-
bedroom units) or 1,000 square feet (for two or more bedroom units). If desired,
the City could set a greater maximum size, potentially up to 1,200 square feet.
• Unless otherwise limited, the City can require an additional parking space. Garage
conversions, however, do not require replacements.
The proposed regulations incorporate all state regulations and propose to retain the size
of non-streamlined ADUs at 850 sf for studio and one-bedroom units and 1,000 sf for two
or more bedroom units. As mentioned above, the Planning Commission may make a
recommendation to allow larger sizes of ADUs.
Impact Fees
State law prohibits cities from imposing impact fees on ADUs that are smaller than 750
square feet. For ADUs that are greater than 750 square feet, the fees must be proportional
to the size of the primary unit. The proposed ordinance reflects this requirement.
ENVIRONMENTAL ASSESMENT
Public Resources Code Sec. 21080.17 provides a statutory CEQA exemption to ADU
ordinances adopted to implement Government Code Sec. 65852.2.
PUBLIC NOTICING & OUTREACH
The following noticing has been conducted for this project:
Notice of Public Hearing, Site
Notice & Legal Ad
Agenda
Legal ad placed in newspaper
(at least 10 days prior to hearing)
Display ad placed in newspaper
(at least 10 days prior to hearing)
Posted on the City's official notice
bulletin board (five days prior to hearing)
Posted on the City of Cupertino’s Web
site (five days prior to hearing)
PUBLIC COMMENTS
On January 10, 2020, the Housing Commission received a presentation regarding the
proposed ordinance revision and recent changes in State Law and regional laws
regarding the encouragement of ADU development. The Commission asked clarifying
questions and incentivize parking and other incentives in exchange for affordable deed
restrictions.
One comment has been received from the public and is attached (Attachment 4).
NEXT STEPS
The recommendations made by the Planning Commission will be forwarded to the City
Council for consideration at the February 4, 2020 meeting.
Prepared by: Gian Paolo Martire, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Approved by: Benjamin Fu, Director of Community Development
ATTACHMENTS
1. Draft Resolution
2. CA Govt. Code Sections 65852.2 and 65852.22
3. Redline document indicating changes in Chapters 19.112, 19.20, and 19.08
4. Public Comment
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112 -ACCESSORY DWELLING UNITS, CHAPTER
19.20 – PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08 –
DEFINITIONS, FOR CLARIFICATIONS, AND CONSISTENCY WITH
RECENTLY ADOPTED STATE BILLS
The Planning Commission recommends approval of the proposed Ordinance with the
findings reflected in the proposed Ordinance, which the Planning Commission makes as
though set forth in their entirety in this Resolution and in substantially the form as shown
in Exhibit “A,” attached hereto and entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112 – ACCESSORY DWELLING UNITS, CHAPTER
19.20 – PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08 –
DEFINITIONS
PASSED AND ADOPTED this 28th day of January 2020, at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
________________________
Benjamin Fu R Wang
Director of Community Development Chair, Planning Commission
EXHIBIT “A”
Draft Ordinance No. 20-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.112, ACCESSORY DWELLING UNITS, CHAPTER
19.20 – PERMITTED, CONDITIONAL AND EXCLUDED USES IN
AGRICULTURAL AND RESIDENTIAL ZONES AND CHAPTER 19.08
DEFINITIONS
WHEREAS, this Ordinance is determined to be exempt from environmental review
under the California Environmental Quality Act of 1970 (Public Resources Code section
21000 et seq.) (“CEQA”), together with the State CEQA Guidelines (California Code of
Regulations, Title 14, Section 15000 et seq.) (hereinafter, “CEQA Guidelines”), in that an
Ordinance to implement the provisions of Government Code Section 65852.2 is
statutorily exempt from CEQA under Public Resources Code Section 21080.17. Any
portion of the proposed Ordinance that is not statutorily exempt is categorically exempt
as there is no potential for this action to cause a significant effect on the environment
and/or any project would be exempt under relevant provisions of the CEQA Guidelines,
including, but not limited to Existing Facilities (Sec. 15301), Replacement or
Reconstruction (Sec. 15302), or Construction or Conversion of Small Structures (Sec.
15303). and
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the not
a project determination and exemption, and using its independent judgment, determines
the Ordinance to be not a project or exempt from CEQA as stated above; and
WHEREAS, as required by Cupertino Municipal Code Section 19.152.030, the City
Council makes the following findings in connection with the changes to zoning
regulations proposed in Chapters 19.08, 19.20 & 19.112:
1. That the proposed zoning is in accord with Title 19 of the Municipal Code and the
City’s Comprehensive General Plan.
The Ordinance modifies Title 19 to be consistent with recently passed State Assembly and
Senate Bills aimed at promoting the development of Accessory Dwelling Units to alleviate the
existing housing crisis in the State of California. Cities must comply with state law. By adopting
a local ordinance, the City is exercising the limited discretion allowed by state law for certain types
of Accessory Dwelling Units.
The proposed Ordinance amendments conform with the City’s Housing Element’s goal of
providing an adequate supply of residential units for all economic segments through its strategy
of continuing to implement the Accessory Dwelling Unit Ordinance and encouraging the
production of second units.
2. The proposed zoning is in compliance with the provisions of the California
Environmental Quality Act (CEQA).
Adoption of zoning code provisions regarding accessory dwelling units are statutorily
exempt from CEQA under Public Resources Code Section 21080.17.
3. The site is physically suitable (including, but not limited to, access, provision of
utilities, compatibility with adjoining land uses, and absence of physical constraints) for
the requested zoning designation(s) and anticipated land use development(s).
The Ordinance is a citywide amendment to be in conformance with State standards to
encourage Accessory Dwelling Unit development. State law explicitly states that Accessory
Dwelling Units cannot be considered additional density. Therefore, the amendments do not impact
the residential density designations for sites within the City. Accessory Dwelling Units are limited
to single family, multifamily, and mixed-use residential zoning districts subject to their
conformance with standards outlined in Title 19.
4. The proposed zoning will promote orderly development of the City.
By updating the Accessory Dwelling Unit development standards, the Ordinance allows
for additional affordable housing development. The ordinance also prohibits the use of Accessory
Dwelling Units, which includes Junior Accessory Dwelling Units, as Short Term Rentals. This
would allow the City to grow its long-term housing stock. By adopting a local ordinance, the City
is exercising the limited discretion allowed by state law for certain types of Accessory Dwelling
Units.
5. That the proposed zoning is not detrimental to the health, safety, peace, moral s
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The Ordinance is a citywide amendment to be in conformance with State standards to
encourage Accessory Unit Development. The Ordinance contains various developments standards
that require conformance with fire, life safety, and building codes to ensure that new development
is not detrimental to the health, safety, peace, morals and general welfare of the community.
6. The proposed amendments are internally consistent with Title 19.
All necessary chapters and section of the Title 19 have been amended to ensure internal
consistency with the proposed regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 19.08.030(A) of Chapter 19.08 of Title 19 of the Cupertino
Municipal Code is hereby amended by editing the following definition:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking and sanitation on the
same parcel as the primary dwelling unit is situated. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
3. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in
size and contained entirely within an existing single-family structure. Junior accessory
dwelling units must include an efficiency kitchen, which must include both a cooking
facility with appliances and a food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the unit. A junior accessory dwelling unit may
include separate sanitation facilities, or may share sanitation facilities with the existing
structure, as defined in California Government Code Section 65852.22.
SECTION 2: Section 19.08.030(S) of Chapter 19.08 of Title 19 of the Cupertino Municipal
Code is hereby amended by editing the following definition:
“Single family residence,” for purposes of Chapter 19.112, shall mean one dwelling
unit located on a separately owned lot. Single family residence does not include
property with only air parcels or condominiums.
SECTION 3: Table 19.20.020 of Section 19.20.020 of Chapter 19.20 of Title 19 of the
Cupertino Municipal Code is hereby amended to read as follows:
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential
Zones
Uses Zoning Districts
A A1 R1 RHS R1C R2 R3
NO CHANGE ROWS #1 - #6b
7. An accessory dwelling
unit that conforms to the
requirements of Chapter
19.112;
P P P P P P P
NO CHANGE ROWS #8 - #42
SECTION 4: Chapter 19.112 “Accessory Dwelling Units” of Title 19 of the Cupertino
Municipal Code is hereby amended to read as follows:
19.112.010 Purpose.
19.112.020 Accessory Dwelling Units Regulations.
19.112.030 Site development regulations for Streamlined Accessory Dwelling Units &
Junior Accessory Dwelling Units.
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
19.112.050 Review process.
19.112.010 Purpose.
The purpose of this chapter is to promote the goal of affordable housing within the
City through provision of additional housing in certain residential, agricultural, and
mixed-use zoning districts in a manner which minimizes adverse impacts of accessory
dwelling units on neighborhoods.
19.112.020 Accessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary:
1. Accessory dwelling units are permitted on lots within any residential or mixed-use
residential zoning district. The lot must have an existing single family dwelling unit or
if zoned multi-family or mixed use residential, at least one residential unit. If the lot is
vacant, an accessory dwelling unit may only be proposed in conjunction with the
development of at least one residential unit. Notwithstanding the underlying zoning, an
accessory dwelling unit developed pursuant to this chapter does not cause the lot upon
which it is located to exceed its maximum the allowable density on the lot.
2. Accessory dwelling units must comply with the site development regulations a nd
guideline specified in those zoning districts for dwelling units, including but not limited
to: lot coverage; floor area ratio; height; setbacks; landscape; the regulations contained
in this chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124,
Parking; except as those standards are modified by this chapter.
3. No impact fees, as defined in Government Code Section 65852.2(f), shall be imposed
on any accessory dwelling unit or junior accessory dwelling unit with a gross floor are a
of less than 750 square feet. Impact fees for all other accessory dwelling units shall be
charged proportionately in relation to the square footage of the primary dwelling unit.
4. Accessory dwelling units may be rented separately from the single-family dwelling
or multi-family dwelling structure but may not be sold or otherwise conveyed
separately from the other dwellings on the lot, except pursuant to Government Code
Section 65852.26. Any accessory dwelling unit, including a Junior Accessory Dwelling
Unit (JADU), shall not be used as a short-term rental.
5. For JADUs, either the single-family residence or JADU must be owner-occupied,
unless the owner is a governmental agency, land trust, or housing organization.
Further, the owner shall record a deed restriction, expressly enforceable against future
purchasers, containing the following: (a) a prohibition on the sale of the JADU separate
from the single-family residence, and (b) a restriction on the size and attributes of the
JADU to conform to this section.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units
& Junior Accessory Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the City shall approve the
following streamlined accessory dwelling units if the specified development standards
and use restrictions are met, as identified in:
A. Table 19.112.030A for single-family developments and
B. Table 19.112.030B for multi-family developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
1. Size of living space, exclusive of decks
a. Minimum size 150 s.f.
b. Maximum size
No size limitation as long as the
unit:
i. Is wholly within the space of a
proposed or existing single-
family dwelling or the existing
space of an accessory structure,
and
ii. Does not require either:
An addition of more than
150 square feet to an existing
accessory structure to
accommodate ingress and
egress only, or
Any addition to an existing
single-family dwelling unit.
800 s.f.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single-Family Developments
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
2. Number of Units
Two accessory dwelling units are allowed only if one of the accessory
dwelling units is a detached unit built pursuant to this Table
19.112.030A and the other is a junior accessory dwelling unit.
Otherwise, only one accessory dwelling unit is allowed per lot.
3. Setbacks
Per the underlying zoning district
except that if the existing
structures do not meet these
standards, the side and rear
setbacks shall be sufficient for fire
safety and life safety.
a. At least four feet from the rear
and side lot lines.
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
4. Height The conversion shall not change the
height of the existing structure.
a. 16 feet
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
5.
Second-story
accessory dwelling
unit
Allowed if the unit is a conversion
of existing second story portions of
the principal dwelling unit
Not Allowed
6.
Parking for
accessory dwelling
unit
None
None
7. Direct outside access Independent outdoor access must be provided without going through
the principal dwelling unit.
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi-Family Developments
Conversions of interior space within
multifamily dwelling structures Detached, New Construction
1. Location
Conversion of space within existing
dwelling structures that is not used as
livable space (e.g. existing units)
including, but not limited to, storage
rooms, boiler rooms, passageways,
attics, basements, or garages, as long
as the unit meets building standards
for dwellings.
Detached from the multi-family
dwelling structure(s)
2. Number of
Units
The greater of:
25 percent of the existing number
of primary dwelling units, or
One accessory dwelling unit.
No more than two units
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
5. Setbacks
The accessory dwelling unit shall not
increase the size of the existing
structure.
a. Located at least four feet from
the side and rear lot lines.
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
6. Height
The accessory dwelling unit shall not
increase the size of the existing
structure.
a. 16 feet
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling
Units.
Any accessory dwelling unit that does not meet the criteria of Section 19.112.030 shall
meet the following development standards and use restrictions as identified in Table
19.112.040.
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
A. Number of Units
Only one accessory dwelling unit pursuant to Table 19.112.040 is
permitted and cannot be combined with any accessory dwelling units
pursuant to Table 19.112.030A.
B. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size
a. Studios/one-bedroom unit – 850 s.f.; two or more-bedroom unit –
1,000 s.f.; and
b. Attached accessory dwelling units shall not exceed 50% of the
existing primary dwelling
c. Application of lot coverage, floor area, and open space standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited by lot
coverage, floor area ratio, and open space requirements per
the underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot coverage,
floor area ratio, and open space requirements per the
underlying zoning. These standards shall apply to the gross
floor area of the unit proposed. Notwithstanding application
of these standards, an 800 s.f. detached accessory dwelling
unit is permitted pursuant to Table 19.112.030A or an 800 s.f.
attached accessory dwelling unit is permitted.
C. Setbacks1
Per the underlying zoning
district, except the required
side and rear setbacks are
modified to four feet.
The proposed structure must
comply with the setback standards
for accessory structures in Chapter
19.100, except the street side
setbacks are modified to four feet.
1 No setback is required for an accessory dwelling unit located within existing living area or an existing
accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the
same location and to the same dimensions as the structure being replaced.
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
D. Height Per the underlying zoning
district
The proposed structure must
comply with the height standards
for accessory structures in Chapter
19.100, except that a maximum
height of 16 feet is allowed at the
farthest point of the proposed
structure from the rear and side
property lines.
E. Second-story accessory
dwelling units Not allowed Not allowed
F. Parking
1. Parking for
accessory dwelling
unit
One additional off-street parking space shall be provided, if the
principal dwelling unit has less than the minimum off-street parking
spaces for the applicable residential zoning district in which it is
located, as required in Chapter 19.124 unless the accessory dwelling
unit meets one of the following requirements:
a. Located within one-half (1/2) mile of a public transit stop; or
b. Located in an architecturally and historically significant historic
district; or
c. The occupant of the unit is not allowed/offered a required on-
street parking permit; or
d. Located within one block of a car share vehicle pick-up location;
or
e. Is part of the proposed or existing primary residence or an
accessory structure.
2. Replacement
parking spaces for
existing covered,
uncovered or
enclosed parking
spaces converted to
an accessory
dwelling unit
No replacement parking spaces are required.
Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
G. Direct outside access Independent outdoor access must be provided without going
through the principal dwelling unit.
H. Screening from public
street
All access to accessory dwelling units shall be on a different wall
plane than the access to the principal dwelling unit.
I. Structure Design Should be compatible with the architectural style and materials of
the principal structure.
19.112.050 Review Process.
Applications for accessory dwelling units conforming to the requirements of this
chapter shall be reviewed ministerially without discretionary review and must be
approved or denied within the time frame specified in Government Code Section
65852.2.
SECTION 5: Severability.
Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 6: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by
Government Code Section 36937.
SECTION 7: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
SECTION 8: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day
of ___________ 2020 and ENACTED at a regular meeting of the Cupertino City Council
on this ____ of __________ 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Kirsten, Squarcia, City Clerk Mayor, City of Cupertino
9.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
A. ʺAʺ Definitions:
ʺAbandonʺ means to cease or discontinue a use or activity without intent to resume,
but excluding temporary or short‐term interruptions to a use or activity during periods
of remodeling, maintaining, or otherwise improving or rearranging a facility, or during
normal periods of vacation or seasonal closure.
ʺAbuttingʺ means having property or district lines in common.
ʺAccessory buildingʺ means a building which is incidental to and customarily
associated with a specific principal use or facility and which meets the applicable
conditions set forth in Chapter 19.100, Accessory Buildings/Structures.
ʺAccessory dwelling unitʺ means an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking and sanitation on the
same parcel as the single‐familyprimary dwelling unit is situated. An accessory
dwelling unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
3. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet
in size and contained entirely within an existing single‐family structure. Junior
accessory dwelling units must include an efficiency kitchen, which must include both a
cooking facility with appliances and a food preparation counter and storage cabinets
that are of a reasonable size in relation to the size of the unit. A junior accessory
dwelling unit may include separate sanitation facilities, or may share sanitation
facilities with the existing structure, as defined in California Government Code Section
65852.22.
[Section 19.08.030, “Accessory Structure – “Sign”‐ No Change]
“Single family residence,” for purposes of Chapter 19.112, shall mean one dwelling unit
located on a separately owned lot. Single family residence does not include property
with only air parcels or condominiums. only detached single family dwelling units that
are not detached row‐ houses, duplexes, townhouses, or condominiums or properties
that have a shared ownership interest in common open space or recreational areas.
[Section 19.08.030, “Specialty food stores” – Section 19.20.020 ‐ No Change] Consistency with State Law
Table 19.20.020–Permitted, Conditional and Excluded Uses in Agricultural and Residential
Zones
Uses Zoning Districts
A A1 R1 RHS R1C R2 R3
NO CHANGE ROWS #1 ‐ #6b
7. An accessory dwelling
unit Which that conforms
to the requirements of
Chapter 19.112;
P P P P P‐ ‐P ‐P
NO CHANGE ROWS #8 ‐ #42
[Chapter 19.24 ‐ Chapter 19.108 ‐ No Change]
CHAPTER 19.112: ACCESSORY DWELLING UNITS
Section
19.112.010 Purpose.
19.112.020 Applicability of regulationsAccessory Dwelling Units Regulations.
19.112.030 Site development regulations for Streamlined Accessory Dwelling Units &
Junior Accessory Dwelling Units.
19.112.040 Site Development Regulations for Non‐Streamlined Accessory Dwelling
Units.
19.112.0540 Review process.
19.112.010 Purpose.
The purpose of this chapter is to promote the goal of affordable housing within the
City through provision of additional housing in certain residential, and agricultural,
and mixed‐use zoning districts in a manner which minimizes adverse impacts of
accessory dwelling units on neighborhoods.
19.112.020 Applicability ofAccessory Dwelling Unit Regulations.
Notwithstanding any provision of this title to the contrary, one accessory dwelling
unit: Consistency with State Law
1. Is Accessory dwelling units are permitted on lots in R‐1, RHS, A and A‐1 within
any residential or mixed‐use residential zoning district. The lot must have an existing
single family dwelling unit or if zoned multi‐family or mixed use residential, at least
one residential unit. If the lot is vacant, an accessory dwelling unit may only be
proposed in conjunction with the development of at least one residential unit.s and,
nNotwithstanding the underlying zoning, an accessory dwelling unit developed
pursuant to this chapter does not cause the lot upon which it is located to exceed its
maximum the allowable density on the lot., and
2. Is permitted on a single‐family lot within a zone for single family use if the
accessory dwelling unit is proposed to be contained entirely within the existing space of
a single family residence or an existing accessory structure, to create an accessory
dwelling unit; and
2. Accessory dwelling units Mmust comply with the site development regulations
and guideline specified in those zoning districts for dwelling units, including but not
limited to;, lot coverage;, floor area ratio;, height;, setbacks;, landscape; etc. the
regulations contained in this chapter;, Chapter 19.100, Accessory
Structures/Buildings,; and Chapter 19.124, Parking, except as those standards aremay be
modified by this chapter.
3. No impact fees, as defined in Government Code Section 65852.2(f), shall be imposed
on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area
of less than 750 square feet. Impact fees for all other accessory dwelling units shall be
charged proportionately in relation to the square footage of the primary dwelling unit.
4. Accessory dwelling units may be rented separately from the single‐family dwelling
or multi‐family dwelling structure, but may not be sold or otherwise conveyed
separately from the other dwellings on the lot, except pursuant to Government Code
Section 65852.26. An accessory dwelling unit, including any Junior Accessory Dwelling
Unit (JADU) shall not be used as a short‐term rental.
5. For JADUs, either the single‐family residence or JADU must be owner‐occupied,
unless the owner is a governmental agency, land trust, or housing organization.
Further, the owner shall record a deed restriction, expressly enforceable against future
purchasers, containing the following: (a) a prohibition on the sale of the JADU separate
from the single‐family residence, and (b) a restriction on the size and attributes of the
JADU to conform to this section.
6. Accessory Dwelling Units pursuant to Section 19.112.040 are permitted to the extent
that they comply with the General Plan Environmental Impact Report Mitigation
Measure UTIL‐6b adopted by the City Council in December 2014. If actual sewer system Consistency with State Law Consistency with State Law
discharge would exceed the contractual sewer treatment threshold as a result of
approving additional accessory dwelling units, these units shall not be permitted.
19.112.030 Site Development Regulations for Streamlined Accessory Dwelling
Units & Junior Accessory Dwelling Units.
Pursuant to California Government Code Section 65852.2(e), the City shall approve the
following streamlined accessory dwelling units if the specified development standards
and use restrictions are met, :Site Development Regulations for Accessory Dwelling
Units are as identified in:
A. Table 19.112.030A for single‐family developments and
B. Table 19.112.030B for multi‐family developments.
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single‐Family Developments
Conversion of space entirely
within existing structures
New Construction and/or
Additions
Attached to
Principal
Dwelling Unit
Detached from
Principal
Dwelling Unit
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
A1. Size of living space, exclusive of decks
1a. Minimum size 150 s.f.
2b. Maximum size
10% of the net lot area, up to a
maximum of 1,000 s.f., or 50
percent of the existing living
space of the principal dwelling
unit, whichever is more
restrictive. No size limitation as
long as the unit:
i. Is wholly within the space of
a proposed or existing single‐
family dwelling or the
existing space of an accessory
structure, and
800 s.f. Consistency with State Law
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single‐Family Developments
Conversion of space entirely
within existing structures
New Construction and/or
Additions
Attached to
Principal
Dwelling Unit
Detached from
Principal
Dwelling Unit
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
ii. Does not require either:
An addition of more than
150 square feet to an existing
accessory structure to
accommodate ingress and
egress only, or
Any addition to an
existing single‐family
dwelling unit.
2. Number of Units
Two accessory dwelling units are allowed only if one of the accessory
dwelling units is a detached unit built pursuant to this Table
19.112.030A and the other is a junior accessory dwelling unit.
Otherwise, only one accessory dwelling unit is allowed per lot.
3. Setbacks
Per the underlying zoning
district except that if the existing
structures do not meet these
standards, the side and rear
setbacks shall be sufficient for
fire safety and life safety.
a. At least four feet from the rear
and side lot lines.
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
4. Height
The conversion shall not change
the height of the existing
structure.
a. 16 feet
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100. Consistency with State Law
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single‐Family Developments
Conversion of space entirely
within existing structures
New Construction and/or
Additions
Attached to
Principal
Dwelling Unit
Detached from
Principal
Dwelling Unit
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
5B.
Second‐story
accessory dwelling
unit
Allowed if the unit :
1. Iis a conversion of existing
second story portions of the
principal dwelling unit; and
2. Complies with applicable
landscape requirements to
adjoining dwellings consistent
with Section 19.28.120
Not Allowed
C. Parking
6.
1. Parking for
accessory dwelling
unit
None
None
One additional off‐street parking
space shall be provided, if the
principal dwelling unit has less
than the minimum off‐street
parking spaces for the applicable
residential zoning district in which
it is located, as required in Chapter
19.124 unless the unit meets the
following requirements:
a. Is within one‐half (1/2) mile of a
public transit stop; or
b. Located in an architecturally
and historically significant historic
district; or
c. Occupant of the ADU is not
allowed/ Consistency with State Law
Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units
and Junior Accessory Dwelling Units Associated with Single‐Family Developments
Conversion of space entirely
within existing structures
New Construction and/or
Additions
Attached to
Principal
Dwelling Unit
Detached from
Principal
Dwelling Unit
Conversion of space within
principal dwelling unit or
accessory structures
New Construction Detached
Accessory Dwelling Unit ≤ 800 s.f.
offered a required on‐street
parking permit; or
d. Located within one block of a
car share vehicle pick‐up location.
2. Replacement
parking spaces
when new accessory
dwelling unit
converts existing
covered, uncovered
or enclosed parking
spaces required for
the principal
dwelling unit.
a. Replacement spaces must be provided for the principal dwelling
unit to meet the minimum off‐street parking spaces for the applicable
residential zoning district in which it is located, as required in
Chapter 19.124.
b. Replacement spaces may be located in any configuration on the
same lot as the accessory dwelling unit, including but not limited to
covered spaces, uncovered spaces, tandem spaces or by use of
mechanical automobile parking lifts.
c. Any replacement parking spaces provided must comply with the
development regulations for the applicable zoning district in which it
is located, Chapter 19.124, Parking and Chapter 19.100, Accessory
Buildings/Structures.
7D. Direct outside access
1. Independent outdoor access must be provided without going
through the principal dwelling unit.
2. Where second‐story accessory dwelling units are allowed, entry
shall not be provided by an exterior staircase.
E. Screening from
public street
All access to accessory dwelling units shall be screened from a public
street.
Consistency with State Law
Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units
Associated with Existing Multi‐Family Developments
Conversions of interior space
within multifamily dwelling
structures
Detached, New Construction
1. Location Conversion of space within
existing dwelling structures that is
not used as livable space (e.g.
existing units) including, but not
limited to, storage rooms, boiler
rooms, passageways, attics,
basements, or garages, as long as
the unit meets building standards
for dwellings.
Detached from the multi‐family
dwelling structure(s)
2. Number of Units The greater of:
25 percent of the existing
number of primary dwelling
units, or
One accessory dwelling unit.
No more than two units
3. Minimum Size 150 s.f.
4. Maximum Size No size limitation 1,200 s.f.
5. Setbacks The accessory dwelling unit shall
not increase the size of the existing
structure.
a. Located at least four feet from
the side and rear lot lines.
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
6. Height The accessory dwelling unit shall
not increase the size of the existing
structure.
a. 16 feet
b. An applicant alternately may
elect to follow the setback and
height standards for accessory
structures in Chapter 19.100.
19.112.040 Site Development Regulations for Non‐Streamlined Accessory Dwelling
Units.
Any accessory dwelling unit that does not meet the criteria of Section 19.112.030 shall
meet the following development standards and use restrictions as identified in Table
19.112.040.
Consistency with State Law
Table 19.112.040: Site Development Regulations for Non‐Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
A. Number of Units
Only one accessory dwelling unit pursuant to Table
19.112.040 is permitted and cannot be combined with any
accessory dwelling units pursuant to Table 19.112.030A.
B. Size of living space, exclusive of decks
1. Minimum size 150 s.f.
2. Maximum size
a. Studios/one‐bedroom unit – 850 s.f.; two or more
bedroom unit – 1,000 s.f.; and
b. Attached accessory dwelling units shall not exceed 50%
of the existing primary dwelling
c. Application of lot coverage, floor area, and open space
standards:
i. Maximum size for units ≤ 800 s.f. shall not be limited
by lot coverage, floor area ratio, and open space
requirements per the underlying zoning.
ii. Maximum size for units > 800 s.f. are limited by lot
coverage, floor area ratio, and open space
requirements per the underlying zoning. These
standards shall apply to the gross floor area of the
unit proposed. Notwithstanding application of these
standards, an 800 s.f. detached accessory dwelling
unit is permitted pursuant to Table 19.112.030A or an
800 s.f. attached accessory dwelling unit is permitted.
C. Setbacks1
Per the underlying zoning
district, except the
required side and rear
setbacks are modified to
four feet.
The proposed structure must
comply with the setback
standards for accessory
structures in Chapter 19.100,
except the street side setbacks
are modified to four feet.
1 No setback is required for an accessory dwelling unit located within existing living area or an existing
accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the
same location and to the same dimensions as the structure being replaced. Consistency with State Law
Table 19.112.040: Site Development Regulations for Non‐Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
D. Height Per the underlying zoning
district
The proposed structure must
comply with the height
standards for accessory
structures in Chapter 19.100,
except that a maximum height
of 16 feet is allowed at the
farthest point of the proposed
structure from the rear and side
property lines.
E. Second‐story accessory
dwelling unit Not allowed Not allowed
F. Parking
1. Parking for accessory
dwelling unit
One additional off‐street parking space shall be provided, if
the principal dwelling unit has less than the minimum off‐
street parking spaces for the applicable residential zoning
district in which it is located, as required in Chapter 19.124
unless the accessory dwelling unit meets one of the
following requirements:
a. Located within one‐half (1/2) mile of a public transit
stop; or
b. Located in an architecturally and historically significant
historic district; or
c. The occupant of the unit is not allowed/offered a
required on‐street parking permit; or
d. Located within one block of a car share vehicle pick‐up
location; or
e. Is part of the proposed or existing primary residence or
an accessory structure. Consistency with State Law
Table 19.112.040: Site Development Regulations for Non‐Streamlined Accessory Dwelling
Units Created by New Construction and/or Additions to the Principal Dwelling Unit
Attached Detached > 800 s.f.
2. Replacement parking
spaces for existing
covered, uncovered or
enclosed parking
spaces converted to an
accessory dwelling
unit
No replacement parking spaces are required.
G. Direct outside access Independent outdoor access must be provided without
going through the principal dwelling unit.
H. Screening from public
street
All access to accessory dwelling units shall be on a different
wall plane than the access to the principal dwelling unit.
I. Structure Design Should be compatible with the architectural style and
materials of the principal structure.
19.112.040 Review Process.
A. Applications for accessory dwelling units conforming to the requirements of this
chapter shall be reviewed ministerially without discretionary review and must be
approved or denied within the time frame specified in Government Code Section
65852.2.
B. Accessory structures should be compatible with the architectural style and
materials of the principal structure.
1197348.4
1197348.11 Consistency with State Law Moved to Table 19.112.040
ACCESSORY DWELLING UNITS
Section 65852.2:
a)
(1) A local agency may, by ordinance, provide for the creation of accessory
dwelling units in areas zoned to allow single-family or multifamily dwelling
residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on the adequacy of water and sewer services and the impact of
accessory dwelling units on traffic flow and public safety. A local agency
that does not provide water or sewer services shall consult with the local
water or sewer service provider regarding the adequacy of water and
sewer services before designating an area where accessory dwelling units
may be permitted.
(B)
(i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, landscape, architectural
review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California
Register of Historic Resources. These standards shall not include
requirements on minimum lot size.
(ii) Notwithstanding clause (i), a local agency may reduce or
eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with
the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The accessory dwelling unit may be rented separate from the
primary residence, but may not be sold or otherwise conveyed
separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily dwelling
residential use and includes a proposed or existing dwelling.
ACCESSORY DWELLING UNITS
(iii) The accessory dwelling unit is either attached to, or located
within, the proposed or existing primary dwelling, including
attached garages, storage areas or similar uses, or an accessory
structure or detached from the proposed or existing primary
dwelling and located on the same lot as the proposed or existing
primary dwelling.
(iv) If there is an existing primary dwelling, the total floor area of
an attached accessory dwelling unit shall not exceed 50 percent of
the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall
not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the
construction of an accessory dwelling unit.
(vii)
No setback shall be required for:
an existing living area or accessory structure or
a structure constructed in the same location and to the same
dimensions as an existing structure that is converted to an
accessory dwelling unit or to a portion of an accessory
dwelling unit, and
A setback of no more than four feet from the side and rear lot
lines shall be required for an accessory dwelling unit that is:
not converted from an existing structure or
a new structure constructed in the same location and to the
same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached
dwellings, as appropriate.
(ix) Approval by the local health officer where a private sewage
disposal system is being used, if required.
(x)
(I) Parking requirements for accessory dwelling units shall
not exceed one parking space per accessory dwelling unit or
per bedroom, whichever is less. These spaces may be
provided as tandem parking on a driveway.
ACCESSORY DWELLING UNITS
(II) Offstreet parking shall be permitted in setback areas in
locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in
setback areas or tandem parking is not feasible based upon
specific site or regional topographical or fire and life safety
conditions.
(III) This clause shall not apply to an accessory dwelling unit
that is described in subdivision (d).
(xi) When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory
dwelling unit or converted to an accessory dwelling unit, the local
agency shall not require that those offstreet parking spaces be
replaced.
(xii) Accessory dwelling units shall not be required to provide fire
sprinklers if they are not required for the primary residence.
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) A permit application for an accessory dwelling unit or a junior accessory
dwelling unit shall be considered and approved ministerially without
discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use permits. The
permitting agency shall act on the application to create an accessory dwelling
unit or a junior accessory dwelling unit within 60 days from the date the local
agency receives a completed application if there is an existing single-family or
multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling on the lot, the permitting
agency may delay acting on the permit application for the accessory dwelling
unit or the junior accessory dwelling unit until the permitting agency acts on the
permit application to create the new single-family dwelling, but the application
to create the accessory dwelling unit or junior accessory dwelling unit shall be
considered without discretionary review or hearing. If the applicant requests a
delay, the 60-day time period shall be tolled for the period of the delay. A local
agency may charge a fee to reimburse it for costs incurred to implement this
paragraph, including the costs of adopting or amending any ordinance that
provides for the creation of an accessory dwelling unit.
ACCESSORY DWELLING UNITS
(4) An existing ordinance governing the creation of an accessory dwelling unit by
a local agency or an accessory dwelling ordinance adopted by a local agency
shall provide an approval process that includes only ministerial provisions for
the approval of accessory dwelling units and shall not include any discretionary
processes, provisions, or requirements for those units, except as otherwise
provided in this subdivision. If a local agency has an existing accessory dwelling
unit ordinance that fails to meet the requirements of this subdivision, that
ordinance shall be null and void and that agency shall thereafter apply the
standards established in this subdivision for the approval of accessory dwelling
units, unless and until the agency adopts an ordinance that complies with this
section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay
or denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall
use to evaluate a proposed accessory dwelling unit on a lot that includes a
proposed or existing single-family dwelling. No additional standards, other than
those provided in this subdivision, shall be used or imposed, including any
owner-occupant requirement, except that a local agency may require that the
property be used for rentals of terms longer than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with the
limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall be deemed
to be an accessory use or an accessory building and shall not be considered to
exceed the allowable density for the lot upon which it is located, and shall be
deemed to be a residential use that is consistent with the existing general plan
and zoning designations for the lot. The accessory dwelling unit shall not be
considered in the application of any local ordinance, policy, or program to limit
residential growth.
(b) When a local agency that has not adopted an ordinance governing accessory
dwelling units in accordance with subdivision (a) receives an application for a permit to
create an accessory dwelling unit pursuant to this subdivision, the local agency shall
approve or disapprove the application ministerially without discretionary review
pursuant to subdivision (a). The permitting agency shall act on the application to create
an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the
date the local agency receives a completed application if there is an existing single-
family or multifamily dwelling on the lot. If the permit application to create an
ACCESSORY DWELLING UNITS
accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit
application to create a new single-family dwelling on the lot, the permitting agency may
delay acting on the permit application for the accessory dwelling unit or the junior
accessory dwelling unit until the permitting agency acts on the permit application to
create the new single-family dwelling, but the application to create the accessory
dwelling unit or junior accessory dwelling unit shall still be considered ministerially
without discretionary review or a hearing. If the applicant requests a delay, the 60-day
time period shall be tolled for the period of the delay. If the local agency has not acted
upon the completed application within 60 days, the application shall be deemed
approved.
(c)
(1) Subject to paragraph (2), a local agency may establish minimum and
maximum unit size requirements for both attached and detached accessory
dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by
ordinance any of the following:
(A) A minimum square footage requirement for either an attached or
detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or
detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides
more than one bedroom.
(C) Any other minimum or maximum size for an accessory dwelling unit,
size based upon a percentage of the proposed or existing primary
dwelling, or limits on lot coverage, floor area ratio, open space, and
minimum lot size, for either attached or detached dwellings that does not
permit at least an 800 square foot accessory dwelling unit that is at least 16
feet in height with four-foot side and rear yard setbacks to be constructed
in compliance with all other local development standards.
(d) Notwithstanding any other law, a local agency, whether or not it has adopted an
ordinance governing accessory dwelling units in accordance with subdivision (a), shall
not impose parking standards for an accessory dwelling unit in any of the following
instances:
(1) The accessory dwelling unit is located within one-half mile walking distance
of public transit.
ACCESSORY DWELLING UNITS
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant
of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
(e)
(1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed-use zone to create any of the following:
(A) One accessory dwelling unit or junior accessory dwelling unit per lot
with a proposed or existing single-family dwelling if all of the following
apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is
within the proposed space of a single-family dwelling or existing
space of a single-family dwelling or accessory structure and may
include an expansion of not more than 150 square feet beyond the
same physical dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(ii) The space has exterior access from the proposed or existing
single-family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety.
(iv) The junior accessory dwelling unit complies with the
requirements of Section 65852.22.
(B) One detached, new construction, accessory dwelling unit that does not
exceed four-foot side and rear yard setbacks for a lot with a proposed or
existing single-family dwelling. The accessory dwelling unit may be
combined with a junior accessory dwelling unit described in
subparagraph (A). A local agency may impose the following conditions on
the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet.
(ii) A height limitation of 16 feet.
ACCESSORY DWELLING UNITS
(C)
(i) Multiple accessory dwelling units within the portions of existing
multifamily dwelling structures that are not used as livable space,
including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies
with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit
within an existing multifamily dwelling and shall allow up to 25
percent of the existing multifamily dwelling units.
(D) Not more than two accessory dwelling units that are located on a lot
that has an existing multifamily dwelling, but are detached from that
multifamily dwelling and are subject to a height limit of 16 feet and four-
foot rear yard and side setbacks.
(2) A local agency shall not require, as a condition for ministerial approval of a
permit application for the creation of an accessory dwelling unit or a junior
accessory dwelling unit, the correction of nonconforming zoning conditions.
(3) The installation of fire sprinklers shall not be required in an accessory
dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit
created pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an
accessory dwelling unit connected to an onsite water treatment system, a
percolation test completed within the last five years, or, if the percolation test has
been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has
adopted an ordinance by July 1, 2018, providing for the approval of accessory
dwelling units in multifamily dwelling structures shall ministerially consider a
permit application to construct an accessory dwelling unit that is described in
paragraph (1), and may impose standards including, but not limited to, design,
development, and historic standards on said accessory dwelling units. These
standards shall not include requirements on minimum lot size.
(f)
(1) Fees charged for the construction of accessory dwelling units shall be
determined in accordance with Chapter 5 (commencing with Section 66000) and
Chapter 7 (commencing with Section 66012).
ACCESSORY DWELLING UNITS
(2) An accessory dwelling unit shall not be considered by a local agency, special
district, or water corporation to be a new residential use for purposes of
calculating connection fees or capacity charges for utilities, including water and
sewer service, unless the accessory dwelling unit was constructed with a new
single-family dwelling.
(3)
(A) A local agency, special district, or water corporation shall not impose
any impact fee upon the development of an accessory dwelling unit less
than 750 square feet. Any impact fees charged for an accessory dwelling
unit of 750 square feet or more shall be charged proportionately in relation
to the square footage of the primary dwelling unit.
(B) For purposes of this paragraph, “impact fee” has the same meaning as
the term “fee” is defined in subdivision (b) of Section 66000, except that it
also includes fees specified in Section 66477. “Impact fee” does not include
any connection fee or capacity charge charged by a local agency, special
district, or water corporation.
(4) For an accessory dwelling unit described in subparagraph (A) of paragraph
(1) of subdivision (e), a local agency, special district, or water corporation shall
not require the applicant to install a new or separate utility connection directly
between the accessory dwelling unit and the utility or impose a related
connection fee or capacity charge, unless the accessory dwelling unit was
constructed with a new single-family home.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of
paragraph (1) of subdivision (e), a local agency, special district, or water
corporation may require a new or separate utility connection directly between
the accessory dwelling unit and the utility. Consistent with Section 66013, the
connection may be subject to a connection fee or capacity charge that shall be
proportionate to the burden of the proposed accessory dwelling unit, based upon
either its square feet or the number of its drainage fixture unit (DFU) values, as
defined in the Uniform Plumbing Code adopted and published by the
International Association of Plumbing and Mechanical Officials, upon the water
or sewer system. This fee or charge shall not exceed the reasonable cost of
providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of an accessory dwelling unit.
(h)
ACCESSORY DWELLING UNITS
(1) A local agency shall submit a copy of the ordinance adopted pursuant to
subdivision (a) to the Department of Housing and Community Development
within 60 days after adoption. After adoption of an ordinance, the department
may submit written findings to the local agency as to whether the ordinance
complies with this section.
(2)
(A) If the department finds that the local agency’s ordinance does not
comply with this section, the department shall notify the local agency and
shall provide the local agency with a reasonable time, no longer than 30
days, to respond to the findings before taking any other action authorized
by this section.
(B) The local agency shall consider the findings made by the department
pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall
include findings in its resolution adopting the ordinance that
explain the reasons the local agency believes that the ordinance
complies with this section despite the findings of the department.
(3)
(A) If the local agency does not amend its ordinance in response to the
department’s findings or does not adopt a resolution with findings
explaining the reason the ordinance complies with this section and
addressing the department’s findings, the department shall notify the
local agency and may notify the Attorney General that the local agency is
in violation of state law.
(B) Before notifying the Attorney General that the local agency is in
violation of state law, the department may consider whether a local
agency adopted an ordinance in compliance with this section between
January 1, 2017, and January 1, 2020.
(i) The department may review, adopt, amend, or repeal guidelines
to implement uniform standards or criteria that supplement or
clarify the terms, references, and standards set forth in this section.
The guidelines adopted pursuant to this subdivision are not subject
to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2.
(j) As used in this section, the following terms mean:
ACCESSORY DWELLING UNITS
(1) “Accessory dwelling unit” means an attached or a detached residential
dwelling unit that provides complete independent living facilitie s for one or
more persons and is located on a lot with a proposed or existing primary
residence. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel as the single-family or multifamily
dwelling is or will be situated. An accessory dwelling unit also includes the
following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and
Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a
dwelling located on the same lot.
(3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the
Health and Safety Code.
(4) “Living area” means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law
or chartered.
(6) “Neighborhood” has the same meaning as set forth in Section 65589.5.
(7) “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
(8) “Passageway” means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
(10) “Public transit” means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and other
forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
(11) “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling
unit before the local agency issues a certificate of occupancy for the primary dwelling.
ACCESSORY DWELLING UNITS
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen
the effect or application of the California Coastal Act of 1976 (Division 20 (commencing
with Section 30000) of the Public Resources Code), except that the local government
shall not be required to hold public hearings for coastal development permit
applications for accessory dwelling units.
(m) A local agency may count an accessory dwelling unit for purposes of identifying
adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to
authorization by the department and compliance with this division.
(n) In enforcing building standards pursuant to Article 1 (commencing with Section
17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an
accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon
request of an owner of an accessory dwelling unit for a delay in enforcement, shall
delay enforcement of a building standard, subject to compliance with Section 17980.12
of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020.
(2) The accessory dwelling unit was built on or after January 1, 2020, in a local
jurisdiction that, at the time the accessory dwelling unit was built, had a
noncompliant accessory dwelling unit ordinance, but the ordinance is compliant
at the time the request is made.
(o) This section shall remain in effect only until January 1, 2025, and as of that date is
repealed.
Section 65852.22:
(a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the
creation of junior accessory dwelling units in single-family residential zones. The
ordinance may require a permit to be obtained for the creation of a junior accessory
dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot
zoned for single-family residences with a single-family residence built, or
proposed to be built, on the lot.
(2) Require owner-occupancy in the single-family residence in which the junior
accessory dwelling unit will be permitted. The owner may reside in either the
remaining portion of the structure or the newly created junior accessory dwelling
unit. Owner-occupancy shall not be required if the owner is another
governmental agency, land trust, or housing organization.
ACCESSORY DWELLING UNITS
(3) Require the recordation of a deed restriction, which shall run with the land,
shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit
separate from the sale of the single-family residence, including a
statement that the deed restriction may be enforced against future
purchasers.
(B) A restriction on the size and attributes of the junior accessory dwelling
unit that conforms with this section.
(4) Require a permitted junior accessory dwelling unit to be constructed within
the walls of the proposed or existing single-family residence.
(5) Require a permitted junior accessory dwelling to include a separate entrance
from the main entrance to the proposed or existing single-family residence.
(6) Require the permitted junior accessory dwelling unit to include an efficiency
kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable
size in relation to the size of the junior accessory dwelling unit.
(b)
(1) An ordinance shall not require additional parking as a condition to grant a
permit.
(2) This subdivision shall not be interpreted to prohibit the requirement of an
inspection, including the imposition of a fee for that inspection, to determine if
the junior accessory dwelling unit complies with applicable building standards.
(c) An application for a permit pursuant to this section shall, notwithstanding Section
65901 or 65906 or any local ordinance regulating the issuance of variances or special use
permits, be considered ministerially, without discretionary review or a hearing. The
permitting agency shall act on the application to create a junior accessory dwelling unit
within 60 days from the date the local agency receives a completed application if there
is an existing single-family dwelling on the lot. If the permit application to create a
ACCESSORY DWELLING UNITS
junior accessory dwelling unit is submitted with a permit application to create a new
single-family dwelling on the lot, the permitting agency may delay acting on the permit
application for the junior accessory dwelling unit until the permitting agency acts on
the permit application to create the new single-family dwelling, but the application to
create the junior accessory dwelling unit shall still be considered ministerially without
discretionary review or a hearing. If the applicant requests a delay, the 60-day time
period shall be tolled for the period of the delay. A local agency may charge a fee to
reimburse the local agency for costs incurred in connection with the issuance of a
permit pursuant to this section.
(d) For purposes of any fire or life protection ordinance or regulation, a junior accessory
dwelling unit shall not be considered a separate or new dwelling unit. This section shall
not be construed to prohibit a city, county, city and county, or other local public entity
from adopting an ordinance or regulation relating to fire and life protection
requirements within a single-family residence that contains a junior accessory dwelling
unit so long as the ordinance or regulation applies uniformly to all single-family
residences within the zone regardless of whether the single-family residence includes a
junior accessory dwelling unit or not.
(e) For purposes of providing service for water, sewer, or power, including a connection
fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling
unit.
(f) This section shall not be construed to prohibit a local agency from adopting an
ordinance or regulation, related to parking or a service or a connection fee for water,
sewer, or power, that applies to a single-family residence that contains a junior
accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all
single-family residences regardless of whether the single-family residence includes a
junior accessory dwelling unit.
(g) If a local agency has not adopted a local ordinance pursuant to this section, the local
agency shall ministerially approve a permit to construct a junior accessory dwelling
unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of
subdivision (e) of Section 65852.2 and the requirements of this section.
(h) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square
feet in size and contained entirely within a single-family residence. A junior
ACCESSORY DWELLING UNITS
accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law
or chartered.
From:Zayra Yves
To:Gian Martire
Cc:"Alex Mayers"; "joan meehan"
Subject:RE: ADU/JADU expert in Cupertino
Date:Tuesday, December 17, 2019 10:19:40 AM
Hello Gian,
Is the planned occupancy still relevant considering the new law? Or does this JADU law override the
planned occupancy?
Northpoint is an HOA townhome community with shared walls and the garages would likely be the
conversion of interest. The garages are not detached.
The garages have hot water heaters that would require containment. If, as I have been informed,
the conversions will require separate bathrooms, then it is possible Northpoint will not be able to
accommodate an additional bathroom installed in the garages. The sewers at Northpoint are 40
years old and do not currently support Northpoint. We have been in discussion with the sanitation
district over the lack of proper attention.
The persons most likely to utilize this new JADU law immediately are those purchasing and
remolding in the upon completion of the sale process.
Please let me know when I can meet with you in person to discuss these issues in more detail.
Sincerely,
Zayra Yves, CCAM, General Manager
Northpoint Homeowners Association
10880 Northpoint Way, Cupertino, CA 95014
Office : (408) 996-3734
Email: gm@northpointhoa.com
website: www.northpointhoa.com
This message may contain confidential and privileged information. The information contained herein is intended
solely for the use of the individual or entity named above. Please note that if you are not the intended recipient, any
dissemination, disclosure, distribution or copying of this information is prohibited. If you have received this
electronic transmission in error, please contact Northpoint HOA at 408-996-3734 or at
manager@northpointhoa.com and then immediately delete this message. Thank you.
From: joan meehan [mailto:joan_meehan@yahoo.com]
Sent: Monday, December 16, 2019 8:21 AM
To: Gian Martire <gianm@cupertino.org>
Cc: Zayra Yves <gm@northpointhoa.com>; Alex Mayers <mayers_alex@yahoo.com>
Subject: ADU/JADU expert in Cupertino
Good morning, Gian.
FYI - I gave your name as the ADU/JADU expert in Cupertino - to Zayra Yves - Northpoint Property
Manager.
She's preparing for applications here - I shared the data that you gave to me at the De Anza Hotel
hearing [thanks again.]
I also shared HCD data.
https://www.hcd.ca.gov/policy-research/docs/FAQsADUJr.pdf
And, I shared League of Cities data.
https://www.cacities.org/Top/Partners/California-City-Solutions/2016/Junior-Accessory-Dwelling-Units
Now, my husband [Alex] and I have one question - what is "planned occupancy" here in Northpoint -
P(R1C)
Thanks and Merry Christmas !!
PLANNING COMMISSION STAFF REPORT
Meeting: January 28, 2020
Subject
Commission Proposals for FY 2020-21 City Work Program
Recommended Action
Conduct Public meeting; and
1. Provide a list of proposed City Work Program items and identifying the top three
proposals.
Discussion
In the December/January timeframe, each Commission will submit proposed ideas for the City
Work Program for the upcoming fiscal year (FY). These proposals will be taken into consideration
by Department Heads and the City Manager when developing the proposed City Work Program
for City Council’s consideration. Commissions should identify their top 3 proposals and limit
proposals to no more than 10.
It is expected that Commission proposals will be evaluated by the Department Head and City
Manager in February and brought to City Council in March for approval. When the proposed
City Work Program is brought to Council in March, the proposals submitted by the Commissions
will be provided as attachments with indications as to which proposals are reflected in the
proposed City Work Program.
Sustainability Impact
No sustainability impact.
Fiscal Impact
Community Development Department resources will be evaluated to identify impact to staffing
and scheduling.
_____________________________________
Prepared by: Benjamin Fu, Director of Community Development
Attachments:
1 - City Work Program Flow Chart
2 - Guidance on Commission Proposals for City Work Program
3 - FY 2019-20 Planning Commission Work Program
4 - Commission Proposals for FY 2020-21 City Work Program
5 - Cupertino Municipal Code Chapter 2.32
City Work Program Flow Chart
• Note:
o If ideas for work program items come up throughout the year, they should be suggested in the following year’s WP
process in Dec/Jan. If the idea/item requires earlier consideration, Council approval would be required.
o Smaller items that do not require staff time or budget may be added to the Commission Work Program even if they are
not part of the larger City WP.
July (Beginning of Fiscal Year)
•Begin implementation of approved
City Work Program (WP) and
commission WPs for the current
fiscal year (FY).
December-January
•Ideas from staff and commissions
for upcoming FY's City WP
due to Departments (Depts.).
•Depts. update Council on
current City WP.
February
•Council prioritizes City goals at
Priority Setting Session.
•With City goals in mind, Depts.
evaluate City WP ideas and develop
a proposed City WP for the Council's
consideration.
March
•Depts. present proposed City WP to
Council at a study session.
•Feedback from the study session is
incorporated and the final City WP is
brought for Council approval.
April -June
•Commissions develop their WPs
based on approved City WP items.
•Commission WPs brought for
Council's approval as consent
items.
Any additional ideas that come
up throughout the year should
be accumulated for submission
in the following Dec/Jan.
GUIDANCE ON COMMISSION PROPOSALS FOR CITY WORK PROGRAM
Overview of the Process
In the December/January timeframe, each Commission will submit proposed ideas for the
City Work Program for the upcoming fiscal year. These proposals will be taken into consideration
by Department Heads and the City Manager when developing the proposed City Work Program
for Council’s consideration. When the proposed City Work Program is brought to Council in
March, the proposals submitted by Commissions will be provided as attachments with
indications as to which proposals are reflected in the proposed City Work Program. Once the City
Work Program is adopted by Council, Commissions will then develop their Commission Work
Programs based upon the items relevant to them in the approved City Work Program. Smaller
items that do not require staff time or budget may be added to the Commission Work Program
at this point in the process. Final Commission Work Programs should be brought for Council’s
approval as consent items before July. For a flow chart of this process, see the City Work Program
Flow Chart.
Guidance on Commission Proposals for the City Work Program
Commission proposals for the City Work Program should be within the purview of the
Commission, have timelines of 12 months or less, and identify projects or deliverables the
Commission would be interested in addressing over the course of the next fiscal year. When
developing proposals, consider constraints related to:
• Staff resources,
• Budget, and
• Demands from routine business of the Commission.
If there are existing City Work Program items that the Commission would like to propose
continuing into the upcoming year, the Commission should include these items in their list of
proposals. Please identify:
• The Commission’s top three proposals to aid in the prioritization process and
• No more than 10 proposals total for submission. There is no minimum number of
proposals required. Please note that not all proposals will be included in the proposed
City Work Program. When the proposed City Work Program is brought to Council, the
proposals submitted by Commissions will be provided as attachments with indications as
to which proposals are reflected in the proposed City Work Program.
Dec/Jan
•Commission
submits
proposals for
City Work
Program
Feb
•Proposals
evaluated by
Dept Head
and City
Manager
March
•City Council
approves City
Work
Program
April
•Commissions
develop their
Commission
Work Programs
based on City
Work Program
GUIDANCE ON COMMISSION PROPOSALS FOR CITY WORK PROGRAM
Suggested steps to develop Commission proposals for the City Work Program:
1. Review the purpose of the Commission as defined by the Cupertino Municipal Code in
Chapter 2.
2. Discuss and outline any priorities established by Council such as from prior City Work
Programs.
3. Brainstorm proposals relating to the Commission and determine the following:
a. Identify potential projects and deliverables relevant to the Commission.
b. Determine the benefit if the project or deliverable is completed.
c. Is it mandated by State or local law or by Council direction/priority?
d. Would the task or item require a policy change at the Council level?
e. Identify resources needed for completion such as staff time, creation of
Commission subcommittees, coordination with other Commissions etc.
f. What is the timeline to completion? (1 year, 2 year, or longer term?)
i. Proposals should be completable within the upcoming fiscal year (within
12 months). If a project or deliverable will take more than a year, it should
be broken up into phases and the proposal submission should only
include what can be accomplished in the upcoming fiscal year.
g. Determine measurement and evaluation criteria. How will you know you are on
track? How will you determine success?
4. Prioritize projects from urgent to low priority.
5. Identify the top three proposals from the Commission that can reasonably be
accomplished or worked on in the coming year.
6. Submit the Commission Proposals for City Work Program Form.
Community
Development
Increase maximum amount of
administrative penalty that can be
assessed by the City Council to a
violator of the Municipal Code,
separate from the amount of
administrative fine that can be
assessed by a Code Enforcement
Officer.
Fall 2019 N/A N/A 240 Phillip Willkomm
Piu Ghosh
Penalties for
Violation of
Conditions of
Approval and code
enforcement best
practices
Consider increasing
maximum penalty of
$100K for violations of
conditions of approval.
-Requested by Councilmember.
-Draft amendments being prepared
and presented at City Council
Study Session.
Issue will be reviewed with
related municipal code
updates.
Fall 2019 In Progress
Community
Development
1) Provide parking Incentives for
Electric Vehicles to encourage
greener modes of transport.
2) Streamline and encourage
outdoor seating in restaurants by
amending municipal code and
parking ordinance.
On Hold $25,000 N/A 200 Piu Ghosh
N/A 40 Gian Martire Piu
Ghosh
Community
Development
Update the
Municipal Code to
Provide Parking
Incentives for
Electric Vehicles
and Encourage
Outdoor Seating in
Restaurants
Provide incentives for
green infrastructure and
enhance pedestrian-
oriented character of
developments.
Proposed in 2018 WP by Planning
Commission and authorized by CC.
Evaluate best practices and
ordinance for amendments.
On Hold
Community
Development
Legislative Updates
on Accessory
Dwelling Units
(ADUs)
Update Cupertino
Municipal Code (CMC)
to be consistent with state
regulations.
-Awaiting the result of recently
introduced state bills.
Continuous Annually In Progress Maintain consistency of CMC with
state regulations.
December 2019 N/A
Established incentives to build
ADUs.
Summer 2019 N/A N/A 40 Gian Martire Piu
Ghosh
Incentives to build
Accessory Dwelling
Units (ADUs)
Provide incentives to
build ADUs (which
provide affordable
housing opportunities)
by reviewing ordinance
and reducing fees.
-The Council asked staff to add this
item to the work program in late
2017.
-Proposed code amendments are in
draft form.
Collaborating with City
Attorney's Office to complete
evaluation of various
potential incentives.
Project began in
Fall 2018.
In Progress
Completion
Date
Est. Total Budget (not
including staff time)
Actual Expense to
Date
Est. Total
Staff Hours
Staff Lead DepartmentProject Title Project Objective Progress to Date Next Steps Timeline Current
Status
Performance Goal
Community Livability FY 2019-20 Work Program
Community
Development
Established procedures for streamlined
project review and approval process.
Fall 2019 N/A N/A 100 Ben Fu
Albert Salvador Piu
Ghosh Catarina Kidd
N/A 100 Ben Fu
Albert Salvador Piu
Ghosh Catarina Kidd
Community
Development
Development Approval
Process and
Transparency
*Priority Setting Item*
Develop procedures for
mandated streamlined
project approvals and
administrative approvals.
Proposed Work Program item.Research and data collection on
best practice and/or industry
standards.
Summer 2019 Proposed
Development
Accountability
*Priority Setting Item*
Analyze methods to limit
the implementation timeline
for entitled/future projects
and encourage
development. Monitor
implementation of
development agreements
and conditions of approval.
Proposed Work Program item.Conduct analysis and develop
procedures.
Summer 2019 Proposed An established procedure for
developmental accountability.
Fall 2019 N/A
N/A 2000 Piu Ghosh Community
Development
Review and Update
General Plan (GP)and
Municipal Code
*Priority Setting Item*
Evaluate the General Plan
and Muicipal Code per
industry standards for areas
where objective standards
and zoning/design
guidelines can be provided
and/or revised.
Amend General Plan and
Municipal Code and zoning
code to provide objective
standards.
City Attorney's Office has identified
priority areas to address.
Phase I: Evaluate existing
General Plan and Municipal
Code and recommend areas to
provide standards. Identify
priority amendments to happen
first.
Phase II: General Plan and
Municipal Code public outreach
and update for priority
amendments.
Phase III: General Plan and
Municipal Code public outreach
and update for other
amendments.
Phase I: Summer
2019 Phase II:
Spring 2020 Phase
III: Spring 2021
In Progress Amend General Plan and Municipal
Code to have better defined objective
standards.
Phase I: Summer
2019 Phase II:
Spring 2020
Phase III: Spring
2021
$1,000,000 based on
limited scope of
reviewing objective
standards and minimal
GP and zoning code
clean-ups.
N/A On Hold Erick Serrano Community
Development
Heart of the City
Plan
Amend the Heart of the
City Specific Plan:
1) For clarifications to the
minimum street side
setback requirements.
2) To review street tree
requirements to allow
To be revised during the next Heart
of the City Specific Plan update.
On Hold On Hold On Hold On Hold On Hold TBD
$8,500 500 Katy Nomura Ben
Fu
Piu Ghosh Erick
Serrano
City Manager's
Office/Community
Development
Short-Term Rentals
(STRs)
Develop a regulatory
program to regulate and
collect Transient
Occupancy Tax (TOT)
from STRs.
-Council study session on Feb. 6,
2018.
-June 19, 2018 Council approved
Voluntary Collection Agreement
with Airbnb.
-July 24, 2018 Planning
Commission Study Session.
-August 2018 Online community
survey.
-October 4, 2018 Community
workshop on STRs.
-November 27, 2018 Draft
regulation presented to Planning
Commission.
1) Study session for Council
on STR regulations.
2) Draft regulations with
Council direction.
3) Bring drafted regulations
for Council approval.
1) April 2019
2) Summer 2019
3) Fall 2019
In Progress 1) Regulations for Short-Term
Rentals.
2) Increased TOT collection.
Fall 2019 $17,000
Community
Development/City
Attorney's Office
Study sessions held.As Needed N/A N/A 20 Piu Ghosh Catarina
Kidd
N/A 200 Ben Fu Catarina Kidd Community
Development
Study Sessions on
Vallco
Updates on status of
projects. Provide and receive
public input on the site.
N/A Develop presentations Winter 2019 Proposed
Community
Development
Dark Sky/Lights Out
Policy and Bird Safe
Design Guidelines
Create dark sky policy and
bird safe design guidelines
for the protection of public
health and wellbeing and
the facilitation of habitat
friendly developments.
Reevaluate street lighting
and other lighting that can
benefit residential areas.
Proposed Work Plan item.Research and evaluate industry
standards and best practices.
Summer 2019 Proposed Adoption of appropriate policies and
guidelines.
Winter 2019 $5000 for noticing and
outreach efforts.
Production of matrix and description
of research results.
Spring 2020 N/A N/A 100 Ben Fu Catarina KiddComparative studies
that compares
standards for mixed
use developments and
high density
residential guidelines
with other cities.
Specifically, on
parkland, green space,
and parking space
requirements.
Evaluate existing Cupertino
standards for consistency
with industry standards and
best practices.
Proposed Work Plan item.(1) Identification of cities and
outreach for documents and
interviews.
(2) Document collection, review,
and content analysis of best
practices and published
materials.
(3) Matrix analysis of data.
Winter 2019 Proposed
Project/Task Project Objective
Driven by mandate, law, or Council
priority/direction?
(If yes, please specify)
Resources Needed
(e.g. funding and # of staff
hours)
May be updated by Dept as
appropriate.
Estimated Completion Date
May be updated by Dept as
appropriate.
Measurement Criteria
(How will we know how we are doing?)
[Commission] Proposals for
FY 2020-21 City Work Program
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Print
Cupertino, CA Municipal Code
CHAPTER 2.32: PLANNING COMMISSION*
Section
2.32.010 Established.
2.32.020 Terms of Office.
2.32.030 Vacancy or removal.
2.32.040 Chairperson.
2.32.050 Meetings.
2.32.060 Amendments–Records.
2.32.070 Powers and functions.
2.32.080 Procedural rules.
* For statutory provisions regarding the establishment of a city planning commission, see Gov.
Code § 65100 et seq. -- See Title 17, Zoning.
* Prior ordinance history: Ords. 5, 5(b), 5(c), 5(d), 167, 1166, 1213, 1321, 1459, 1549 and 1697.
2.32.010 Established.
The City Planning Commission is established. The City Planning Commission shall consist of
five members, none of whom shall be officials or employees of the City and none of whom shall
cohabit with as defined by law, nor be related by blood or marriage to any other member of the
Commission, the City Manager or the staff person(s) assigned to this Commission. The five
members shall be appointed by the City Council. Each member shall be a qualified elector in and
resident of the City. Each member shall receive compensation as established by resolution of the
City Council.
(Ord. 1787, § 1 (part), 1998)
2.32.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of the members
of the Planning Commission shall be four years and shall end on January 30th of the year their
term is due to expire. No commissioner shall serve more than two consecutive terms except that
a commissioner may serve more than two consecutive terms if he or she has been appointed to
the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment, and rules governing incumbent members of the
Commission are governed by the Resolution of the City Council which governs advisory bodies.
(Ord. 18-2180, § 1 (part), 2018; Ord. 1974, § 4 (part), 2006; Ord. 1787, § 1 (part), 1998)
12/16/2019 CHAPTER 2.32: PLANNING COMMISSION* xx
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2.32.030 Vacancy or Removal.
Any appointed member may be removed by a majority vote of the City Council. If a vacancy
occurs other than by expiration of a term, it shall be filled by the Mayor ’s appointment for the
unexpired portion of the term.
(Ord. 1787, § 1 (part), 1998)
2.32.040 Chairperson.
The commission shall elect its Chairperson and Vice- Chairperson from among its members.
The terms of the Chairperson and Vice-Chairperson shall be for one year.
(Ord. 2015, § 7, 2008; Ord. 1787, § 1 (part), 1998)
2.32.050 Meetings.
A. The City Planning Commission shall hold regular meetings on the second and fourth
Tuesdays of each month at six forty-five p.m. and may adjourn any regular meeting to a date
certain, which shall be specified in the order of adjournment and when so adjourned, such
adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may
likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes.
City Planning Commission meetings that fall on legal holidays shall automatically be moved to
the following day.
B. Special meetings of the Commission may be called at any time by the Chairperson or by
any three or more members of the Commission upon written notice being given to all members of
the Commission and received by them at least twenty-four hours prior to the meeting, unless
notice requirement is waived in writing by the member.
(Ord. 1942, 2004; Ord. 1787, § 1 (part), 1998)
2.32.060 Amendments–Records.
A. The affirmative vote of not less than a majority of its total voting members is required to
approve a recommendation to amend the zoning ordinance; the affirmative vote of a majority
present with a quorum present is required to take any other action.
B. The Commission shall keep an accurate record of its proceedings and transactions, and
shall render such reports to the Council as may be required by ordinance or resolution, and shall
submit an annual report to the Mayor. These records shall be filed with the City Clerk.
(Ord. 18-2180, § 1 (part), 2018; Ord. 1787, § 1 (part), 1998)
2.32.070 Powers and Functions.
The powers and functions of the City Planning Commission shall be as follows:
A. Prepare, periodically review, and revise as necessary, the General Plan;
12/16/2019 CHAPTER 2.32: PLANNING COMMISSION* xx
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B. Implement the General Plan through actions including, but not limited to, the administration
of specific plans and zoning, subdivisions, and sign ordinances;
C. Annually review the capital improvement program of the City and the local public works
projects of other local agencies for their consistency with the General Plan (pursuant to Sections
65400 et seq. of the California Government Code);
D. Endeavor to promote public interest in, comment upon, and understanding of the General
Plan, and regulation relating to it;
E. Consult and advise with public officials and agencies, public utility companies, civic,
educational, professional, and other organizations and citizens generally concerning
implementation of the General Plan;
F. Promote the coordination of local plans and programs with the plans and programs of other
agencies;
G. Perform other functions as the City Council provides including conducting studies and
preparing plans other than those required or authorized by state law;
H. Establish as needed a standing subcommittee of the Commission for Design Review. The
Planning Commission shall decide appeals of the Design Review Committee for the purposes of
conducting design review on projects that properly come before the Design Review Committee for
review, and conduct design review of a project as required by Chapters 2.90, 19.132, 19.134 and
of the Cupertino Municipal Code.
(Ord. 1844, § 1 (part), 2000; Ord. 1787, § 1 (part), 1998)
2.32.080 Procedural Rules.
The Planning Commission may adopt from time to time such rules of procedure as it may deem
necessary to properly exercise its powers and duties. Such rules shall be subject to approval by
the Council before becoming effective. All such rules shall be kept on file with the Chairperson of
the Planning Commission and the Mayor and a copy thereof shall be furnished to any person
upon request.
(Ord. 1844, § 1 (part), 2000; Ord. 1787, § 1 (part), 1998)
1
PLANNING COMMISSION STAFF REPORT
Meeting: January 28, 2020
Subject
Study Session on the General Plan Annual Review/Implementation Plan and to
consider General Plan Policies and Strategies that could benefit from clarification.
Recommended Action
That the Planning Commission:
1. Provide additional direction on the format and content of the General Plan
Annual Review/Implementation Plan (Attachment 1)
2. Consider General Plan Policies and Strategies that could benefit from
clarification (Attachment 2).
Discussion
Background:
State law (Government Code Section 65400) requires that the City provide an
annual report, on or before April 1 of each year, to the legislative body (the City
Council in the case of Cupertino) regarding the status of the General Plan and
progress in its implementation, including meeting its share of regional housing
needs, and local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing. The report must also be sent to the
Office of Planning and Research and Department of Housing and Community
Development1. See Government Code § 65400(a)(2)(A)-(J).
In addition to the required annual reporting, it should be noted that another
purpose of the Implementation Plan is to help the City Council identify Work Plan
items to ensure the continued implementation of the General Plan and that
appropriate funding is available. The Planning Commission reviewed the item at
its September 10, 2019, October 28, 2019, December 10, 2019 and January 14, 2020
meetings and provided direction.
1 The housing element portion of the annual report must be made using standards, forms, and definitions
adopted by HCD. For 2019, this report was presented to the Council on March 19, 2019 and submitted to the
HCD by April 1, 2019. Government Code § 65400(a)(2)(B).
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3308 • FAX (408) 777-3333
2
The Planning Commission decided to review the policies and strategies by
reviewing approximately 20 pages of the report at each meeting. At the December
10, 2019 meeting, the Commission reviewed Policy LU-1.1 to Strategy 18.2.2 and at
its January 14, 2020 meeting, it reviewed Policy LU-19.1 to Strategy HE-2.3.2.
Analysis:
The Commission suggested changes to the comments section of the Annual Report
for the following items (see red text in Attachment 1):
Vallco Shopping District Special Area – add current allocation balances.
N. De Anza Blvd Special Area – add notes re: lack of landscape easements
and building setbacks/transition and/or landscape buffers on the east side.
Homestead Special Area – add note re: lack of building setback/transition
and/or landscape buffers for Homestead Square Shopping Center and
Homestead Lanes sites.
Bubb Road Special Area – add note re: Economic Development Strategic Plan
and designation of this Special Area as an Innovation District.
Other Non-Residential/Mixed-Use Special Areas – add note re: possible
development at Bateh Brothers site.
Update the number of building permits issued for Accessory Dwelling Units.
Please note that Attachment 1 is a work in progress and edits to the “comment”
column, the time frame column, and the status color will be completed on an
ongoing basis.
In addition, the Planning Commission has concurrently been reviewing policies
and strategies to suggest that the City Council consider amending or developing
policies to objectively implement them. Updates have been made to the list of
policies and strategies that the Planning Commission wishes the City Council to
consider changing. These have been identified in Attachment 2. #14-16 were added
by the Planning Commission at its January 14, 2020 meeting.
Next Steps
Upon receiving comments from the Planning Commission, this item will be
brought back for review in February 2020. Upon completion of Planning
Commission review, the 2020 General Plan Annual Review and the list of items
that the Planning Commission suggested that the City Council update , will be
presented to City Council in March 2020.
_______________________________________________________________________
Prepared by: Piu Ghosh, Planning Manager
Approved for Submission by: Benjamin Fu, Director of Community Development
3
Attachments:
1. General Plan Annual Review
2. Planning Commission suggestions on General Plan and other amendments
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
BALANCED
COMMUNITY Policy LU-1.1 Land Use and
Transportation
The City shall focus higher land use intensities and densities within half–mile of public transit service, and
along major corridors.
Community
Development – Planning General Fund Con.Not an action item.
BALANCED
COMMUNITY Policy LU-1.2 Development
Allocation
Maintain and update the development allocation table (Table LU-1) to ensure that the allocations for
various land uses adequately meet city goals.
Community
Development – Planning General Fund Con.
Not an action item. The City
Council recently amended the
General Plan to eliminate office
allocation and allow residential
uses by right within the Vallco
Shopping District Special Area.
No changes to the development
allocation is anticipated at this
time.
BALANCED
COMMUNITY
Strategy LU-
1.2.1
Planning Area
Allocations
Development allocations are assigned for various Planning Areas. However, some flexibility may be
allowed for transferring allocations among Planning Areas provided no significant environmental impacts
are identified beyond those already studied in the Environmental Impact Report (EIR) for Community
Vision 2040.
Community
Development – Planning General Fund Con.
Not an action item.Employee
generation for office uses is
assigned at 300 s.f./employee;
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
BALANCED
COMMUNITY
Strategy LU-
1.2.2 Major Employers
Reserve a development allocation for major companies with sales office and corporate headquarters in
Cupertino. Prioritize expansion of office space for existing major companies. New office development must
demonstrate that the development positively contributes to the fiscal well–being of the city.
Community
Development – Planning General Fund Con.
Not an action item. The available
allocations as of 12/31/2019 are
as follows:
1. Heart of the City:
Commercial: 814,670 s.f.
Office: 17,113 s.f.
Residential: 330
2. Vallco Shopping District:
Hotel Rooms: 191
Residential: 389
3. Homestead:
Commercial: 1,093 s.f.
Residential: 150
4. N. De Anza:
Residential: 97
5. N. Vallco: None
6. S. De Anza: None
7. Bubb: None
8. Monta Vista:
Commercial: 4,657 s.f.
Office: 13,595 s.f.
Residential: 49
9. Other:
Residential: 99
10. Major Employers:
Office: 523,118 s.f.
BALANCED
COMMUNITY
Strategy LU-
1.2.3
Unused Development
Allocation
Unused development allocations may be re–assigned to the citywide allocation table per Planning Area,
when development agreements and development permits expire.
Community
Development – Planning General Fund Con.Not an action item. This is
routinely done as projects expire.
BALANCED
COMMUNITY
Strategy LU-
1.2.4
Neighborhood
Allocation
Allocate residential units in neighborhoods through the building permit process unless subdivision or
development applications are required.
Community
Development – Planning General Fund Con.
Not an action item. This is
routinely done with project
review.
BALANCED
COMMUNITY Policy LU-1.3
Land Use in All
Citywide Mixed–Use
Districts
Encourage land uses that support the activity and character of mixed–use districts and economic goals.Community
Development – Planning General Fund Con.
Not an action item. Information
provided as and when
applicants/property owners
approach city
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
BALANCED
COMMUNITY
Strategy LU-
1.3.1
Commercial and
Residential Uses
Review the placement of commercial and residential uses based on the following criteria:
1. All mixed–use areas with commercial zoning will require retail as a substantial component. The North De
Anza Special Area is an exception.
2. All mixed–use residential projects should be designed on the “mixed–use village” concept discussed
earlier in this Element.
3. On sites with a mixed–use residential designation, residential is a permitted use only on Housing Element
sites and in the Monta Vista Village Special Area.
4. Conditional use permits will be required on mixed–use Housing Element sites that propose units above
the allocation in the Housing Element, and on non–Housing Element mixed–use sites.
Community
Development – Planning General Fund Con.Not an action item. This is
reviewed with project review.
BALANCED
COMMUNITY
Strategy LU-
1.3.2
Public and
Quasi–Public Uses
Review the placement of public and quasi–public activities in limited areas in mixed–use commercial and
office zones when the following criteria are met:
1. The proposed use is generally in keeping with the goals for the Planning Area, has similar patterns of
traffic, population or circulation of uses with the area and does not disrupt the operation of existing uses.
2. The building form is similar to buildings in the area (commercial or office forms). In commercial areas,
the building should maintain a commercial interface by providing retail activity, storefront appearance or
other design considerations in keeping with the goals of the Planning Area.
Community
Development – Planning General Fund Con.
Not an action item. Information
provided as and when
applicants/property owners
approach city and reviewed in
conjunction with discretionary
project review/approval
BALANCED
COMMUNITY Policy LU-1.4 Parcel Assembly Encourage parcel assembly and discourage parcelization to ensure that infill development meets City
standards and provides adequate buffers to neighborhoods.
Community
Development – Planning General Fund Con.Not an action item.
BALANCED
COMMUNITY Policy LU-1.5 Community Health
Through Land Use Promote community health through land use and design.Community
Development – Planning
General Fund,
Grants IM
In late 2019, Council adopted
new limits on storefront signage
advertising tobacco sales and a
ban on:
* Flavored tobacco sales,
* New tobacco retailers within
1,000 feet of a school or 500 feet
of an existing tobacco retailer,
* sales at pharmacies and
vending machines.
The Council requested
considering a ban on all vaping
products.
BALANCED
COMMUNITY Policy LU-1.6 Jobs/Housing Balance Strive for a more balanced ratio of jobs and housing units.Community
Development – Planning
General Fund,
Grants Con.
Not an action item. The City
Council recently amended the
General Plan to eliminate office
allocation and allow residential
uses by right within the Vallco
Shopping District Special Area.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
COMMUNITY
IDENTITY Policy LU-2.1 Gateways
Implement a gateway plan for the City’s entry points (Figure LU–1) and identify locations and design
guidelines for gateway features. Look for opportunities to reflect the gateway concept when properties
adjacent to defined gateways are redeveloped.
Public Works –
Engineering and
Transportation
General Fund,
Development
fees
Con.
No action is needed at this time.
Gateway signs are installed
through the Capital
Improvements Project or
through development review.
COMMUNITY
IDENTITY Policy LU-2.2 Pedestrian–Oriented
Public Spaces
Require development to incorporate pedestrian–scaled elements along the street and within the
development such as parks, plazas, active uses along the street, active uses, entries, outdoor dining and
public art.
Community
Development – Planning
General Fund,
Development
fees
Con.Not an action item.
SITE AND BUILDING
DESIGN Policy LU-3.1 Site Planning
Ensure that project sites are planned appropriately to create a network of connected internal street that
improve pedestrian and bicycle access, provide public open space and building layouts that support city
goals related to streetscape character for various Planning Areas and corridors.
Community
Development –
Planning; Public Works
– Development Services
and Transportation
General Fund,
Development
Fees
Con.Not an action item.
SITE AND BUILDING
DESIGN Policy LU-3.2 Building Heights and
Setback Ratios
Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU–2). 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.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. The City is
undergoing a project to clarify
existing language under a
"Objective standards" work
program item.
SITE AND BUILDING
DESIGN Policy LU-3.3 Building Design Ensure that building layouts and design are compatible with the surrounding environment and enhance the
streetscape and pedestrian activity.
Community
Development – Planning
General Fund,
Development
Fees
Con.Not an action item.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.1 Attractive Design
Emphasize attractive building and site design by paying careful attention to building scale, mass,
placement, architecture, materials, landscaping, screening of equipment, loading areas, signage and other
design considerations.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with discretionary
project review/approval.
Objective standards work
program item could result in
development of objective design
standards.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.2 Mass and Scale Ensure that the scale and interrelationships of new and old development complement each other. Buildings
should be grouped to create a feeling of spatial utility.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Currently
implemented via the
discretionary design review
process, Municipal Code and
Specific Plans.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.3 Transitions
Buildings should be designed to avoid abrupt transitions with existing development, whether they are
adjacent or across the street. Consider reduced heights, buffers and/or landscaping to transition to
residential and/or low–intensity uses in order to reduce visual and privacy impacts.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Currently
implemented via the
discretionary design review
process, Municipal Code and
Specific Plans.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.4 Compatibility Ensure that the floor area ratios of multi–family residential developments are compatible with buildings in
the surrounding area. Include a mix of unit types and avoid excessively large units.
Community
Development – Planning
General Fund,
Development
Fees
IM
Work Program related to study
of development standards for
Mixed Use developments
underway.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.5 Building Location Encourage building location and entries closer to the street while meeting appropriate landscaping and
setback requirements.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Currently
implemented via the
discretionary design review
process, Municipal Code and
Specific Plans.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.6
Architecture and
Articulation
Promote high–quality architecture, appropriate building articulation and use of special materials and
architectural detailing to enhance visual interest.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with project
review/approval. Objective
standards work program item
could result in development of
objective design standards.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.7 Street Interface
Ensure development enhances pedestrian activity by providing active uses within mixed–use areas and
appropriate design features within residential areas along a majority of the buildng frontage facing the
street. Mixed–use development should include retail, restaurant, outdoor dining, main entries, etc.
Residential development should include main entrances, lobbies, front stoops and porches, open space and
other similar features.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with project review/
approval. Objective standards
work program item could result
in development of objective
design standards.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.8 Drive–up Services
Allow drive–up service facility only when adequate circulation, parking, noise control, architectural
features and landscaping are compatible with the expectations of the Planning Area, and when residential
areas are visually buffered. Prohibit drive–up services in areas where pedestrian–oriented activity and
design are highly encouraged, such as Heart of the City, North De Anza Boulevard, Monta Vista Village and
neighborhood centers.
Community
Development – Planning
General Fund,
Development
Fees
Con.Not an action item.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.9
Specific and Conceptual
Plans
Maintain and update Specific/Conceptual plans and design guidelines for Special Areas such as Heart of
the City, Crossroads, Homestead Corridor, Vallco Shopping District, North and South De Anza corridors
and Monta Vista Village.
Community
Development – Planning General Fund IM
Update undertaken when
directed to at Council discretion
as part of Work Program. Plans
implemented through project
review/approval. Update to
North De Anza Conceptual Plan
may be presented for Planning
Commission and City Council
consideration in Winter 2021.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.10 Entrances In multi–family projects where residential uses may front on streets, require pedestrian–scaled elements
such as entries, stoops and porches along the street.
Community
Development – Planning
Development
Fees Con.
Not an action item. Reviewed in
conjunction with project review/
approval. Objective standards
work program item may result
in development of objective
design standards.
SITE AND BUILDING
DESIGN
Strategy LU-
3.3.11
Multiple–Story
Buildings and
Residential Districts
Allow construction of multiple–story buildings if it is found that nearby residential districts will not suffer
from privacy intrusion or be overwhelmed by the scale of a building or group of buildings.
Community
Development – Planning
Development
Fees Con.
Not an action item. Reviewed in
conjunction with project review/
approval. Objective standards
work program item could result
in development of objective
design standards.
STREETSCAPE DESIGN Policy LU-4.1 Street and Sidewalks Ensure that the design of streets, sidewalks and pedestrian and bicycle amenities are consistent with the
vision for each Planning Area and Complete Streets policies.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implemention via land use plan
streetscape requirements (Heart
of the City, N. De Anza, Monta
Vista Design Guidelines etc.)
STREETSCAPE DESIGN Policy LU-4.2 Street Trees and
Landscaping
Ensure that tree planting and landscaping along streets visually enhances the streetscape and is consistent
for the vision for each Planning Area (Special Areas and Neighborhoods):
1. Maximize street tree planting along arterial street frontages between buildings and/or parking lots.
2. Provide enhanced landscaping at the corners of all arterial intersections.
3. Enhance major arterials and connectors with landscaped medians to enhance their visual character and
serve as traffic calming devices.
4. Develop uniform tree planting plans for arterials, connectors and neighborhood streets consistent with
the vision for the Planning Area.
5. Landscape urban areas with formal planting arrangements.
Provide a transition to rural and semi–rural areas in the City, generally west of Highway 85.
Public Works – Service
Center
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implemention via land use plan
streetscape requirements (Heart
of the City, N. De Anza, Monta
Vista Design Guidelines etc.) and
via Public Works policies related
to street tree planting.
CONNECTIVITY Policy LU-5.1 Neighborhood Centers Retain and enhance local neighborhood shopping centers and improve pedestrian and bicycle access to
neighborhoods to improve access to goods and services.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Information
provided as and when
applicants/property owners
approach city and reviewed in
conjunction with discretionary
project review/approval
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
CONNECTIVITY Policy LU-5.2 Mixed–Use Villages
Where housing is allowed along major corridors or neighborhood commercial areas, development should
promote mixed–use villages with active ground–floor uses and public space. The development should help
create an inviting pedestrian environment and activity center that can serve adjoining neighborhoods and
businesses.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with project
review/approval and applicable
land use plans (Heart of the City
etc.)
CONNECTIVITY Policy LU-5.3 Enhance Connections Look for opportunities to enhance publicly–accessible pedestrian and bicycle connections with new
development or redevelopment.
Community
Development –
Planning; Public Works
– Development Services
and Transportation.
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with project review/
approval.
HISTORIC
PRESERVATION Policy LU-6.1 Historic Preservation
Maintain and update an inventory of historically significant structures and sites in order to protect
resources and promote awareness of the city’s history in the following four categories: Historic Sites,
Commemorative Sites, Community Landmarks, and Historic Mention sites (Figure LU–3).
Community
Development – Planning General Fund Con.
Not an action item. Inventory
completed. Maintained in
General Plan.
HISTORIC
PRESERVATION Policy LU-6.2 Historic Sites Projects on Historic Sites shall meet the Secretary of Interior Standards for Treatment of Historic Properties.
Community
Development –
Planning, Community
Development – Building
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with project
review/approval.
HISTORIC
PRESERVATION Policy LU-6.3
Historic Sites,
Commemorative Sies
and Community
Landmarks
Projects on Historic Sites, Commemorative Sites and Community Landmarks shall provide a plaque, reader
board and/or other educational tools on the site to explain the historic significance of the resource. The
plaque shall include the city seal, name of resource, date it was built, a written description and photograph.
The plaque shall be placed in a location where the public can view the information.
Community
Development –
Planning, Community
Development – Building
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with project
review/approval.
HISTORIC
PRESERVATION Policy LU-6.4 Public Access
Coordinate with property owners of public and quasi–public sites to allow public access of Historic and
Commemorative Sites to foster public awareness and education. Private property owners will be highly
encouraged, but not required, to provide public access to Historic and Commemorative Sites.
Community
Development –
Planning, Public Works
– Development Services
and Transportation
General Fund,
Development
Fees
Con.
Not an action item. Reviewed in
conjunction with project
review/approval.
HISTORIC
PRESERVATION Policy LU-6.5 Historic Mention Sites
There are sites outside the City’s jurisdiction that have contributed to the City’s history. Work with agencies
that have jurisdiction over the historical resource to encourage adaptive reuse and rehabilitation and
provide public access and plaques to foster public awareness and education.
City Manager General Fund Con.
Not an action item. When
opportunities arise, provide
comments to neighboring
agencies regarding this.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
HISTORIC
PRESERVATION Policy LU-6.6
Incentives for
Preservation of Historic
Resources
Utilize a variety of techniques to serve as incentives to foster the preservation and rehabilitation of Historic
Resources including:
1. Allow flexible interpretation of the zoning ordinance not essential to public health and safety. This could
include land use, parking requirements and/or setback requirements.
2. Use the California Historical Building Codes standards for rehabilitation of historic structures.
3. Tax rebates (Mills Act or Local tax rebates).
4. Financial incentives such as grants/loans to assist rehabilitation efforts.
Community
Development –
Planning, Community
Development – Building;
Recreation and
Community Services –
Park Improvement;
Public Works – Capital
Improvements
General Fund,
Development
Fees
Con.
Not an action item. Information
provided when a project
applicant/property information
proposes a project.
HISTORIC
PRESERVATION Policy LU-6.7 Heritage Trees Protect and maintain the city’s heritage trees in a healthy state.
Community
Development –
Planning, Public Works
– Service Center
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implemention via Strategies LU-
6.7.1 and project review by the
Planning Division. Heritage trees
within public property
maintained by the Street Tree
Division.
HISTORIC
PRESERVATION
Strategy LU-
6.7.1 Heritage Tree List Establish and periodically revise a heritage tree list that includes trees of importance to the community.Community
Development – Planning General Fund Con.
Not an action item. List
maintained by the GIS division
and available on the City's GIS
portal with support provided by
the Planning Division.
HISTORIC
PRESERVATION Policy LU-6.8 Cultural Resources Promote education related to the City’s history through public art in public and private developments.
Community
Development –
Planning, Public Works
– Capital Improvements
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via public art
review/approval by the Fine Arts
Commission.
ARTS AND CULTURE Policy LU-7.1 Public Art Stimulate opportunities for the arts through development and cooperation with agencies and the business
community.
Community
Development – Planning General Fund Con.
Not an action item. Ongoing
implementation via public art
review/approval by the Fine Arts
Commission in compliance with
the Municipal Code.
ARTS AND CULTURE Strategy LU-
7.1.1 Public Art Ordinance Maintain and update an ordinance requiring public art in public as well as private projects of a certain size.Community
Development – Planning General Fund IM
Ordinance update completed in
2018. Ongoing implementation
via project review/ approval.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
ARTS AND CULTURE Strategy LU-
7.1.2 Gateways Promote placement of visible artwork in gateways to the city.
Public Works – Capital
Improvements and
Development Services;
Community
Development – Planning
General Fund Con.
Not an action item. Ongoing
implementation via project
review/approval.
ARTS AND CULTURE Strategy LU-
7.1.3 Artist Workplace Encourage the development of artist workspace, such as live/work units, in appropriate location in the city.Community
Development – Planning General Fund Con.
Not an action item. Ongoing
implementation via project
review/ approval. One live/work
project approved on Foothill
Blvd in 2015.
FISCAL STABILITY Policy LU-8.1 Fiscal Impacts Evaluate fiscal impacts of converting office/commercial ues to residential use, while ensuring that the City
meets regional housing requirements.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via project
review/approval.
FISCAL STABILITY Policy LU-8.2 Land Use Encourage land uses that generate City revenue.
City Manager –
Economic Development;
Community
Development –
Planning;
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via
discretionary project
review/approval.
FISCAL STABILITY Strategy LU-
8.2.1 Fiscal Impacts Evaluate fiscal impacts of converting office/commercial uses to residential use, while ensuring that the City
meets regional housing requirements.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via project
review/approval.
FISCAL STABILITY Policy LU-8.3 Incentives for
Reinvestment Provide incentives for reinvestment in existing, older commercial areas.City Manager –
Economic Development General Fund LR
No action has been
taken/directed by the City
Council regarding this item.
FISCAL STABILITY Strategy LU-
8.3.1 Mixed Use Consider mixed–use (office, commercial, residential) in certain commercial areas to encourage reinvestment
and revitalization of sales–tax producing uses, when reviewing sites for regional housing requirements.
Community
Development –
Planning; City Manager
– Economic
Development
General Fund Con.
Not an action item. Will be
reviewed in conjunction with
Housing Element update.
FISCAL STABILITY Strategy LU-
8.3.2
Shared or Reduced
Parking
Consider shared or reduced parking, where appropriate as incentives to construct new commercial and
mixed–use development, while increasing opportunities for other modes of transportation.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. The
Municipal Code has shared
parking standards which are
implemented during project
review (implementation of
Transportation Demand
Management strategies via
environmental review)
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
FISCAL STABILITY Strategy LU-
8.3.3
Infrastructure and
Streetscape
Improvements
Consider infrastructure and streetscape improvements in areas, such as the Crossroads or South Vallco area
to encourage redevelopment as a pedestrian–oriented area that meets community design goals.
Community
Development –
Planning; Public Works
– Development Services,
Capital Improvements
and Service Center
General Fund Con.
Not an action item. Implemented
via the Capital Improvement
Program at the Council's
discretion/direction.
FISCAL STABILITY Strategy LU-
8.3.4
High Sales–Tax
Producing Retail Use
Consider locations for high sales–tax producing retail uses (such as life–style and hybrid
commodity–specialty centers) provided the development is compatible with the surrounding area in terms
of building scale and traffic.
City Manager –
Economic Development General Fund LR
Continuing implementation.
Several attempts have been made
to identify a suitable location for
a Costco. However, one has not
been identified.
FISCAL STABILITY Policy LU-8.4 Property Acquisition Maximize revenue from City–owned land and resources, and ensure that the City’s land acquisition
strategy is balanced with revenues.
Public Works –
Development Services
and Capital
Improvements
General Fund Con.
Ongoing implemetation by
annual review of fees and
services provided. Cost benefit
analysis of land acquisition is
provided to City Council for its
decisions.
FISCAL STABILITY Policy LU-8.5 Efficient Operations Plan land use and design projects to allow the City to maintain efficient operations in the delivery of
services including, community centers, parks, roads, and storm drainage, and other infrastructure.
Community
Development – Planning General Fund Con.
Not an action item. Will be
reviewed at the next Housing
Element update and ongoing
implementation via project
review/approval.
ECONOMIC
DEVELOPMENT Policy LU-9.1 Collaboration With
Business Community
Collaborate with the business community to facilitate growth, development and infrastructure
improvements that benefit residents and businesses.
City Manager –
Economic Development General Fund Con.
Ongoing implementation via
partnerships with Apple and
other businesses in Cupertino.
Apple contributed ~$9.8 million
for bicycle improvements in the
City in 2019.
ECONOMIC
DEVELOPMENT
Strategy LU-
9.1.1
Economic Development
Strategy Plan
Create and periodically update an Economic Development Strategy Plan in order to ensure the City’s
long–term fiscal health and stability and to make Cupertino an attractive place to live, work and play.
City Manager –
Economic Development General Fund IM
Economic Development Strategic
Plan adopted in 2016. EDSP
action items (Mobile Vendors,
Innovation District, Incubators &
Co-working Space Use)
implementation ongoing.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
ECONOMIC
DEVELOPMENT
Strategy LU-
9.1.2 Partnerships Create partnerships between the City and other public, and private and non–profit organizations to provide
improvements and services that benefit the community.City Manager General Fund Con.
Ongoing implementation. The
VIA shuttle program is one such
program.
ECONOMIC
DEVELOPMENT
Strategy LU-
9.1.3
Economic Development
and Business Retention
Encourage new businesses and retain existing businesses that provide local shopping and services, add to
municipal revenues, contribute to economic vitality and enhance the City’s physical environment.
City Manager –
Economic Development General Fund Con.
Ongoing implementation via
outreach into the business
community, collaboration and
engagement
ECONOMIC
DEVELOPMENT
Strategy LU-
9.1.4 Regulations
Periodically review and update land use and zoning requirements for retail, commercial and office
development in order to attract high–quality sales–tax producing businesses and services, while adapting to
the fast–changing retail, commercial and office environment.
Community
Development – Planning General Fund Con.
Ongoing implementation via the
City's Work Progam at the
Council's direction/discretion.
ECONOMIC
DEVELOPMENT
Strategy LU-
9.1.5 Incubator Work Space Encourage the development of flexible and affordable incubator work space for start–ups and new and
emerging technologies.
Community
Development – Planning
and City Manager –
Economic Development
General Fund Con.
Ongoing implementation via
discretionary project
review/approval.
ECONOMIC
DEVELOPMENT
Strategy LU-
9.1.6 Development Review
Provide efficient and timely review of development proposals, while maintaining quality standards in
accordance with city codes. Look for a solution–based approach to problems while being responsive to
community concerns while promote positive communication among parties.
Community
Development – Planning
and Building
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via project
review/approval and building
plan check.
ECONOMIC
DEVELOPMENT Policy LU-9.2 Work Environment Encourage the design of projects to take into account the well–being and health of employees and the
fast–changing work environment.
Community
Development – Planning
and Building, Public
Works – Transportation
General Fund Con.
Public Works is implementing
elements of the pedestrian and
bicycle master plans to promote
healthier alternative forms of
transportation.
ECONOMIC
DEVELOPMENT
Strategy LU-
9.2.1 Local Amenities Encourage office development to locate in areas where workers can walk or bike to services such as
shopping and restaurants, and to provide walking and bicycling connections to services.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation in conjunction
with Land Use Element updates
and project review/approval.
ECONOMIC
DEVELOPMENT
Strategy LU-
9.2.2 Workplace Policies Encourage public and private employers to provide workplace policies that enhance and improve the
health and well–being of their employees.City Manager General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
REGIONAL
COOPERATION AND
COORDINATION
Policy LU-10.1 Regional Decisions
Coordinate with regional and local agencies on planning, transportation, economic development and
sustainability issues to ensure that the decisions improve fiscal health and the quality of life for Cupertino
residents and businesses
Community
Development –
Planning; and City
Manager – Economic
Development; Public
Works – Transportation
and Environmental
Programs; City Manager
– Sustainability
General Fund Con.
Not an action item. Staff
participates in Regional task
forces, working groups and
advisory groups to ensure local
points of view are represented.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU-10.2 Regional Planning
Coordination Review regional planning documents prior to making decisions at the local level.
Community
Development –
Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implemenation in conjunction
with General Plan updates and
project review/approval.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU-10.3 Neighboring
Jurisdictions Collaborate with neighboring jurisdictions on issues of mutual interest.City Manager General Fund Con.
Not an action item. Ongoing
implemetation by participating
in Regional task forces, working
groups and advisory groups to
ensure local points of view are
represented.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU-10.4 Urban Service Area Work with neighboring jurisdictions to create boundaries that are defined by logical municipal service
areas.City Manager General Fund Con.
Not an action item. The City
works with LAFCO to determine
these boundaries. There is
discussion about a boundary
change to facilitate a new park at
the eastern boundary of the City
(near Rancho Rinconada -
abutting Lawrence Expwy)
REGIONAL
COOPERATION AND
COORDINATION
Strategy LU-
10.4.1
Tax Sharing
Agreements
Consider entering into tax–sharing agreements with adjacent jurisdictions in order to facilitate desired
boundary realignments.City Manager General Fund LR
No action has been taken with
regard to tax-sharing
agreements.
REGIONAL
COOPERATION AND
COORDINATION
Policy LU-10.5 Annexation
Actively pursue the annexation of unincorporated properties within the City’s urban service area, including
the Creston neighborhoods, which will be annexed on a parcel–by–parcel basis with new development.
Other remaining unincorporated islands will be annexed as determined by the City Council.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.
Not an action item. LAFCO
encourages the annexation of all
county pockets. Ongoing
implementation of this as and
when properties are available for
annexation.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
ACCESS TO
COMMUNITY
FACILITIES AND
SERVICES
Policy LU-11.1 Connectivity
Create pedestrian and bicycle access between new developments and community facilities. Review existing
neighborhood circulation to improve safety and access for students to walk and bike to schools, parks, and
community facilities such as the library.
Community
Development –
Planning, Public Works
– Development Services
and Transportation
General Fund Con.
No action required at tis time.
Ongoing implemenation via
implementation of the Bicycle
and Pedestrian Master Plans and
during project review/approval.
ACCESS TO
COMMUNITY
FACILITIES AND
SERVICES
Policy LU-11.2 De Anza College
Allow land uses not traditionally considered part of a college to be built at De Anza College, provided such
uses integrate the campus into the community, provide facilities and services not offered in the City and/or
alleviate impacts created by the college.
City Manager General Fund Con.
Not an action item. Staff
supports the incorporation of
such uses as the opportunity
presents itself.
HILLSIDES Policy LU-12.1 Land Use Regulations Establish and maintain building and development standards for hillsides that ensure hillside protection.
Community
Development – Planning
and Building, Public
Works – Development
Services
General Fund Con.
Not an action item. Ongoing
implementation via the
Municipal Code and project
review/approval.
HILLSIDES Strategy LU-
12.1.1
Ordinance and
Development Review
Through building regulations and development review, limit development on ridgelines, hazardous
geological areas and steep slopes. Control colors and materials and minimize the illumination of outdoor
lighting. Reduce visible building mass with measures including, stepping structures down the hillside,
following natural contours, and limiting the height and mass of the wall plane facing the valley floor.
Community
Development – Planning
and Building, Public
Works – Development
Services
General Fund Con.
Not an action item. Ongoing
implementation via the
Municipal Code rdinance project
review/approval.
HILLSIDES Strategy LU-
12.1.2 Slope–Density Formula
Apply a slope–density formula to very low intensity residential development in the hillsides. Density shall
be calculated based on the foothill modified, foothill modified 1/2 acre and the 5–20 acre slope density
formula. Actual lot sizes and development areas will be determined through zoning ordinances, clustering
and identification of significant natural features and geological constraints.
Community
Development – Planning General Fund Con.
Not an action item. Ongoing
implementation via Appendix F
of the General Plan and the Land
Use Map.
HILLSIDES Strategy LU-
12.1.3
1976 General Plan –
Previously Designated
Very Low Density:
Semi–Rural 5–Acre
Properties previously designated Very Low–Density Residential: Semi–Rural 5–Acre per the 1976 General
Plan may be subdivided using that formula. Properties that have already been since subdivided in
conformance with the above designation have no further subdivision potential for residential purposes.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. All
properties within this category
have now sub-divided. And no
other potential for further
subdivision exists.
HILLSIDES Strategy LU-
12.1.4
Existing Lots in Foothill
Modified and Foothill
Modified 1/2–Acre
Slope Density
Designations
Require discretionary review with a hillside exception for hillside or R1 properties if development is
proposed on substandard parcels on slopes per the R1 and RHS zoning.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via the
Municipal Code.
HILLSIDES Policy LU-12.2 Clustering Subdivisions
Cluster lots in major subdivisions and encourage clustering in minor subdivisions, for projects in the 5–20
acre slope density designation. Reserve 90 percent of the land in private open space to protect the unique
characteristics of the hillsides from adverse environmental impacts. Keep the open space areas contiguous
as much as possible.
Community
Development – Planning General Fund Con.
Not an action item. Ongoing
implementation during project
review/approval.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
HILLSIDES Policy LU-12.3
Rural Improvement
Standards in Hillside
Areas
Require rural improvement standards in hillside areas to preserve the rural character of the hillsides.
Improvement standards should balance the need to furnish adequate utility and emergency services against
the need to protect the hillside, vegetation and animals.
Public Works –
Development Services
and Transportation
General Fund Con.
Not an action item. Ongoing
implementation via application
of rural standards maintained by
the Public Works Department in
conjunction with project
review/approval.
HILLSIDES Strategy LU-
12.3.1 Grading Follow natural land contours and avoid mass grading of sites during construction, especially in flood
hazard or geologically sensitive areas. Grading hillside sites into large, flat areas shall be avoided.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.
Not an action item. Ongoing
implementation via Municipal
Code standards during project
review/approval.
HILLSIDES Strategy LU-
12.3.2 Roads Roads should be narrowed to avoid harming trees and streambeds.
Public Works –
Development Services,
Capital Improvements
and Transportation
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implementation via application
of rural standards maintained by
the Public Works Department in
conjunction with project
review/approval.
HILLSIDES Strategy LU-
12.3.3 Trees Retain significant specimen trees, especially when they grow in groves or clusters and integrate them into
the developed site.
Community
Development – Planning
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implemenation via
implementation of the Municipal
Code
HILLSIDES Policy LU-12.4 Hillside Views
The Montebello foothills at the south and west boundary of the valley floor provide a scenic backdrop,
adding to the City’s scale and variety. While it is not possible to guarantee an unobstructed view of the hills
from every vantage point, an attempt should be made to preserve views of the foothills.
Community
Development –
Planning, Public Works
– Capital Improvements
General Fund,
Development
Fees
Con.
Not an action item. Implemented
by Strategies LU-12.4.1 and LU-
12.4.2
HILLSIDES Strategy LU-
12.4.1
Views from Public
Facilities
Design public facilities, particularly open spaces, so they include views of the foothills or other nearby
natural features, and plan hillside developments to minimize visual and other impacts on adjacent public
open space.
Public Works – Capital
Improvements
General Fund,
Grants Con.
Not an action item. Ongoing
implementation during project
design
HILLSIDES Strategy LU-
12.4.2
Development near
Public Space
Locate private driveways and building sites as far as possible from property boundaries adjoining public
open space preserves and parks to enhance the natural open space character and protect plant and animal
habitat.
Community
Development –
Planning, Public Works
– Development Services
General Fund,
Development
Fees
Con.
Not an action item. Ongoing
implemantation via the
Residential Hillside standards in
the Municipal Code
HILLSIDES Policy LU-12.5 Development in the
County Jurisdiction
Development in the County, particularly if located near Cupertino’s hillsides and urban fringe area, should
consider the goals and policies in Community Vision 2040.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.Implemented by Strategy 12.5.1
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
HILLSIDES Strategy LU-
12.5.1 County Development
Development in these areas should be compatible with Cupertino’s hillside policies of low–intensity
residential, agricultural or open space uses. Preservation of the natural environment, clustering sites to
minimize impact and dedication of open space are encouraged. Visual impacts, access, traffic and other
impacts, and service demands should be assessed in consultation with Cupertino’s goals and policies.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.
Not an action item. Comments
are sent to the County if
development is proposed near
the Cupertino hillsides and
urban fringe area to ensure this
is communicated.
HEART OF THE CITY
SPECIAL AREA Policy LU-13.1 Heart of the City
Specific Plan
The Heart of the City Specific Plan provides design standards and guidelines for this area, which promote a
cohesive, landscaped boulevard that links its distinct sub–areas and is accessible to all modes of
transportation.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.
Not an action item. Heart of the
City adopted by the Council in
1995 and amended several times
(last in 2014)
HEART OF THE CITY
SPECIAL AREA Policy LU-13.2 Redevelopment Encourage older properties along the boulevard to be redeveloped and enhanced. Allow more intense
development only in nodes and gateways as indicated in the Community Form Diagram (Figure LU–2).
Community
Development – Planning General Fund Con.
Not an action item. Heart of the
City adopted by the Council in
1995 and amended several times
(last in 2014)
HEART OF THE CITY
SPECIAL AREA Policy LU-13.3 Parcel Assembly Encourage the assembly of parcels to foster new development projects that can provide high–quality
development with adequate buffers for neighborhoods.
Community
Development – Planning General Fund Con.
Not an action item. implemented
during project review/ approval
at the Council's discretion.
HEART OF THE CITY
SPECIAL AREA Policy LU-13.4 Neighborhood Centers
and Activity Areas
A majority of the commercial development allocation should be devoted to rehabilitating neighborhood
centers and major activity centers with a focus on creating pedestrian–oriented, walkable and bikeable areas
with inviting community gathering places. Land uses between the activity centers should help focus and
support activity in the centers. Neighborhood centers should be retrofitted and redeveloped using the
“neighborhood commercial centers” concept discussed earlier in this Element.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.Not an action item. Implemented
during project review/approval.
HEART OF THE CITY
SPECIAL AREA Policy LU-13.5 Land Use The Heart of the City area allows a mix of retail, commercial, office and residential uses. Special uses are
provided in the Heart of the City Specific Plan. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.Not an action item.
HEART OF THE CITY
SPECIAL AREA Policy LU-13.6 Building Form Buildings should be high–quality, with pedestrian–oriented and active uses along the street.Community
Development – Planning General Fund Con.
Not an action item. Design
guidelines in Heart of the City
Specific Plan
HEART OF THE CITY
SPECIAL AREA Policy LU-13.7 Streetscape and
Connectivity Create a walkable and bikeable boulevard with active uses and a distinct image for each subarea.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.
Not an action item. Streetscape
design in Heart of the City
Specific Plan
HEART OF THE CITY
SPECIAL AREA
Strategy LU-
13.7.1 Streetscape
Provide active uses along the street frontage, bike lanes, sidewalks that support pedestrian–oriented
activity, improved pedestrian crossings at street intersections, and attractive transit facilities (e.g., bus stops,
benches, etc.).
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.
Not an action item. Standards
related to active uses in Heart of
the City Specific Plan, which is
implemented in project
review/approval
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
HEART OF THE CITY
SPECIAL AREA
Strategy LU-
13.7.2
Street Trees and
Landscaping
Create a cohesive visual image with street tree plantings along the corridor, but with distinct tree types for
each sub–area to support its distinct character and function.
Community
Development –
Planning, Public Works
– Development Services
and Service Center
General Fund Con.
Not an action item. Streetscape
design in Heart of the City
Specific Plan
HEART OF THE CITY
SPECIAL AREA
Strategy LU-
13.7.3 Connectivity
Properties within a block should be inter–connected with shared access drives. Provide pedestrian paths to
enhance public access to and through the development. New development, particularly on corner lots,
should provide pedestrian and bicycle improvements along side streets to enhance connections to
surrounding neighborhoods.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.
Not an action item. E.g. all
properties between N. Portal and
N. Blaney are inter-connected
with shared access drives. Most
properties between N. Blaney
and Randy Lane are inter-
connected. Bike and pedestrian
improvements required for all
properties that develop.
HEART OF THE CITY
SPECIAL AREA
Strategy LU-
13.7.4 Traffic Calming Evaluate options on Stevens Creek Boulevard to improve the pedestrian environment by proactively
managing speed limits, enforcement, and traffic signal synchronization.
Public Works –
Transportation and
Development Services
General Fund Con.
Not an action item. City
performs ongoing evaluations of
speed limits, traffic signal timing
and coordination with
enforcement efforts.
HEART OF THE CITY
SPECIAL AREA
Strategy LU-
13.7.5 Neighborhood Buffers Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single–family
residential areas from visual and noise impacts.
Community
Development – Planning General Fund Con.
Not an action item. Standards
related to buffers in Heart of the
City Specific Plan and
implemented with project
review.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-14.1 Land Use Primary land uses include quasi–public/public facilities, with supporting mixed commercial/residential
uses.
Community
Development – Planning General Fund Con.
Not an action item. Implemented
through the Heart of the City
Specific Plan.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-14.2 Streetscape Street tree planting that supports an active, pedestrian–oriented environment. Street tree planting should
provide a connection with the adjacent foothills with trees such as oaks.
Community
Development –
Planning; Public Works
– Development Services
and Service Center
General Fund Con.
Not an action item. Implemented
through the Heart of the City
Specific Plan and City's street
tree planting policies.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-14.3 Gateway Concept Buildings should be high–quality in keeping with the gateway character of the area. Projects should
provide or contribute towards gateway signs and landscaping.
Community
Development –
Planning, Public Works
– Development Services
General Fund Con.Not an action item. Implemented
during project review.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-14.4 De Anza College Node Buildings should be designed to fit into the surroundings with pedestrian–orientation. Externalizing
activities by providing cafeterias, bookstores and plazas along the street and near corners is encouraged.
Community
Development – Planning General Fund Con.
Not an action item. Staff
supports the incorporation of
such uses as the opportunity
presents itself.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-14.5 Oaks Gateway Node This is a gateway retail and shopping node. New residential, if allowed, should be designed on the
“mixed–use village” concept discussed earlier in this Element.
Community
Development – Planning General Fund IM
Development project under
review. Project plans available at
www.cupertino.org/westport.
WEST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-14.6 Community Recreation
Node
Contribute to the high–quality streetscape with trees, sidewalks, building and site design, and active uses
such as main entries, lobbies or similar features along the street to reinforce pedestrian orientation.
Public Works –
Development Services;
Community
Development – Planning
General Fund Con.
Not an action item. Implemented
through the Heart of the City
Specific Plan.
CROSSROADS
SUBAREA Policy LU-15.1 Crossroads Streetscape
Plan
Create a streetscape plan for the Crossroads Subarea that provides design standards and guidelines for an
attractive, walkable, vibrant shopping village, where commercial and roadway design encourage pedestrian
activity. The plan will include the following elements:
*Land use plan specifying the type, intensity and arrangement of land uses to promote pedestrian and
business activity.
*Streetscape plan that provides for an attractive pedestrian streetscape.
*Design guidelines that foster pedestrian activity and a sense of place.
Community
Development –
Planning, Public Works
– Development Services
General Fund LR
While standards for an attractive,
walkable and assessible public
sidewalk design have been
established, no further action has
been taken on creation of a
streetscape plan for the
Crossroads subarea.
CROSSROADS
SUBAREA
Strategy LU-
15.1.1 Uses
Include in this subarea primary uses such as retail, office and commercial. Ground floor uses shall have
active retail uses with storefronts. Commercial office and office uses may be allowed on upper levels. In the
case of deep lots, building along the street should provide retail and buildings in the back may be
developed with allowed uses. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
Currently implemented through
the Heart of the City Specific
Plan during project review since
a separate Crossroads plan has
not been developed.
CROSSROADS
SUBAREA
Strategy LU-
15.1.2 Streetscape
Primary ground–floor entrances shall face the street. The streetscape shall consist of wide pedestrian
sidewalks with inviting street furniture, street trees, pedestrian–scaled lighting with banners, small plazas,
art/water features, pedestrian crosswalks with special paving, and other elements identified in the
Crossroads Streetscape Plan.
Community
Development –
Planning, Public Works
– Development Services
and Transportation
General Fund Con.
Currently implemented through
the Heart of the City Specific
Plan during project review since
a separate Crossroads plan has
not been developed.
CROSSROADS
SUBAREA
Strategy LU-
15.1.3 Streetscape
Primary ground–floor entrances shall face the street. The streetscape shall consist of wide pedestrian
sidewalks with inviting street furniture, street trees, pedestrian–scaled lighting with banners, small plazas,
art/water features, pedestrian crosswalks with special paving, and other elements identified in the
Crossroads Streetscape Plan.
Community
Development –
Planning, Public Works
– Development Services
and Transportation
General Fund Con.
Currently implemented through
the Heart of the City Specific
Plan during project review since
a separate Crossroads plan has
not been developed.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
CROSSROADS
SUBAREA
Strategy LU-
15.1.4 Shared Parking Require shared parking and access arrangements throughout the area, with overall parking standards
reflecting the shared parking.
Community
Development – Planning General Fund Con.
Currently implemented through
the Heart of the City Specific
Plan. Shared parking
arrangements exist at the
Target/Bottegas site and the
Crossroads Shopping Center.
CROSSROADS
SUBAREA
Strategy LU-
15.1.5
De Anza Boulevard/
Stevens Creek
Boulevard Landmark
Secure permanent landscape easements as a condition of development from properties at the intersection of
De Anza and Stevens Creek Boulevards for construction of a future landmark. The landmark may include
open space, landscaping and other design elements at the corners. Land at the southeast corner will remain
a publicly accessible park.
Community
Development – Planning General Fund Con.
Easements exist at the N-E, S-E
and S-W corners. The only
corner at which this does not
exist, though the existing
building itself frames the corner
is the N-W corner. This will be
implemented with new
development proposed at that
corner.
CITY CENTER SUBAREA Policy LU-16.1 City Center Node Establish the City Center Node as a moderately–scaled, medium–density mixed–use office, hotel, retail and
residential area, with an integrated network of streets and open space.
Community
Development – Planning General Fund Con.Not an action item.
CITY CENTER SUBAREA Strategy LU-
16.1.1 Uses
A mix of uses including, office, hotel, retail, residential and civic uses. The ground floor of buildings along
the street should be activated with pedestrian–oriented, active uses including retail, restaurants, and entries.
See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.Not an action item.
CITY CENTER SUBAREA Strategy LU-
16.1.2 Connectivity New development should improve the connectivity within the block and with surrounding streets,
including connections to the Crossroads subarea.
Community
Development –
Planning;
General Fund Con.Not an action item.
CITY CENTER SUBAREA Strategy LU-
16.1.3 Building Form Buildings should be moderately–scaled to transition from existing taller buildings to the scale of the
surrounding area. Taller buildings should provide appropriate transitions to fit into the surrounding area.
Community
Development – Planning General Fund Con.
Not an action item. Figure LU-2
has slope line established and
Heart of the City Specific Plan
has landscape easement
requirements.
CITY CENTER SUBAREA Strategy LU-
16.1.4 Gateway Concept Buildings should be designed with high–quality architecture and landscaping befitting the gateway
character of the site.
Community
Development – Planning General Fund Con.
Not an action item. Heart of the
City Specific Plan has design
guidelines.
CITY CENTER SUBAREA Strategy LU-
16.1.5 Open Space
A publicly–accessible park shall be retained at the southeast corner of Stevens Creek and De Anza
Boulevards and shall include public art, seating areas and plazas for retail and restaurant uses along the
ground floor of adjacent buildings.
Recreation and
Community Services –
Business Services
General Fund Con.Not an action item.
CITY CENTER SUBAREA Policy LU-16.2 Civic Center Node Create a civic heart for Cupertino that enables community building by providing community facilities,
meeting and gathering spaces, public art, and space for recreation and community events.
Public Works –
Development Services
and Capital
Improvements
General Fund IM
Civic Center Master Plan
provides guidance on capital
projects in this node. Library
expansion currently in the CIP
Program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
CENTRAL STEVENS
CREEK BOULEVARD
SUBAREA
Policy LU-17.1 Land Use
Allow a mix of uses including commercial, retail, commercial office and limited residential uses. The
ground floor of buildings along the street should be active uses including retail, restaurants, entries etc.
Neigborhood centers shall be remodeled or redeveloped using the “neighborhood commercial center”
concept described earlier in this Element. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
Not an action item. Main Street
development completed in 2015.
Metropoitan Condominiums
built in 2006/2007. Nineteen800
developed in 2016. Three
properties owned by Apple Inc.
with offices are the only ones not
redeveloped in the recent past.
EAST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-18.1 Land Use
Allow regional commercial with retail, commercial, office and hotels as the primary uses, with residential
mixed–use as a supporting use. Retail, restaurant and other active uses are highly encouraged on the ground
floor facing the street. In case of office complexes, active uses such as entries, lobbies or plazas should be
provided on the ground floor along the street. Neighborhood centers shall be remodeled or redeveloped
using the “neighborhood commercial centers” concept described earlier in this Element. See Figure LU–2 for
residential densities and criteria.
Community
Development – Planning General Fund Con.
Not an action item. Implemented
through the Heart of the City
Specific Plan during project
review.
EAST STEVENS CREEK
BOULEVARD SUBAREA Policy LU-18.2 South Vallco Retain and enhance the South Vallco area as a mixed–use retail, office and residential district with a
pedestrian–oriented, downtown atmosphere.
Community
Development – Planning General Fund Con.Not an action item.
EAST STEVENS CREEK
BOULEVARD SUBAREA
Strategy LU-
18.2.1 Uses
Encourage a mix of retail, commercial, office, residential and hotel uses. Provide active retail uses on the
ground floor facing the street or outdoor pedestrian corridor with connections to adjacent development.
Office sites to the north of Vallco Parkway are encouraged to provide retail uses. However, if retail is not
provided, office sites should provide entries and active uses along the street frontage.
Community
Development – Planning General Fund Con.Not an action item.
EAST STEVENS CREEK
BOULEVARD SUBAREA
Strategy LU-
18.2.2 Vallco Parkway Vallco Parkway is envisioned as a parkway with bike lanes, wide sidewalks, street–trees and on–street
parking. The street will connect to a future street grid in the Vallco Shopping District.
Community
Development –
Planning; Public Works
– Development Services
General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Policy LU-19.1 Allowed Land Uses
The following uses are allowed in the Vallco Shopping District Special Area (see Figure LU-2 for residential
densities and criteria and Figure LU-4 for location of allowable land uses):
1. Residential: Permit residential and ground floor commercial development within the portion of the site
designated for Regional Shopping/Residential uses in advance of creating a specific plan, at a maximum
density of 35 dwelling units per acre and a minimum density of 29.7 dwelling units per acre by right, with
maximum heights as shown in Figure LU-2. Limited ground floor commercial uses are permitted, but not
required, in connection with residential development.
2. Non-Residential: Permit commercial uses consistent with the Regional Shopping/ Residential and
Regional Shopping designation. Maintain a minimum of 600,000 square feet of retail that provide a good
source of sales tax for the City. Entertainment uses may be included but shall consist of no more than 30
percent of retail uses.
Community
Development – Planning General Fund IM
Policy amended in September
2019 to allow 13.1 acres to be
developed by right with housing
at 35 du/ac and the rest of the
area to be developed with
regional commercial uses. Staff
directed to initiate a Specific
Plan:
1. max. of 1, 500 units of housing
for the entire Vallco Shopping
District Special Area inclusive of
all housing and density bonuses,
including incentives for
extremely low income household
housing and housing for persons
with disabilities including
developmental disabilities, &
2. Reduce amount of commercial
required to 400,000 square feet
exclusive of the Simeon
Property.
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Policy LU-19.2 Development Standards New development within th Vallco Shopping District Special Area shall be required to comply with the
following standards:
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.2.1 "Town Center" Layout
Create streets and blocks laid out using "transect planning" (appropriate street and building types for each
area), which includes a discernable center and edges, public space at center, high quality public realm, and
land uses appropriate to the street and building typology. Private streets must be open to the sky.
Connections between buildings are permitted at levels above the third floor for public serving uses or for
limited walkways (no wider than 10 feet) which may be private.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.2.2 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
Nineteen800, Main Street, and the surrounding areas.
IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.2.3 Tribal Coordination
The City of Cupertino shall coordinate with applicable Native American tribal representatives following
approval of development in the Vallco Shopping District Special Area to ensure appropriate cultural
sensitivity training is provided to all contractors prior to the start of ground-disturbing activities.
See comments for Policy LU-19.1
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Policy LU-19.3 Specific Plan
Create a Vallco Shopping District Specific Plan prior to any development on the portion of the site with the
Regional Shopping designation that lays out the land uses, design standards and guidelines, and
infrastructure improvements required.
The Specific Plan will be based on the following strategies:
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.1 Master Developer
Redevelopment of the portion of the site with the Regional Shopping designation pursuant to the specific
plan will require a master developer in order remove the obstacles to the development of a cohesive district
with the highest levels of urban design.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.2 Parcel Assembly
Parcel assembly and a plan for complete redevelopment of the site is required prior to designating any
additional area for residential uses. Parcelization is highly discouraged in order to preserve the site for
redevelopment in the future.
Community
Development – Planning General Fund See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.3
Complete
Redevelopment
The "town center" plan should be based on complete redevelopment of the site in order to ensure that the
site can be planned to carry out the community vision.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.4 Connectivity
Provide a newly configured complete street grid hierarchy of streets, boulevards and alleys that is
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. The project should also contribute 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.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.5 Open Space
Open space in the form of a central town square on the west and east sides of the district interspersed with
plazas and “greens” that create community gathering spaces, locations for public art, and event space for
community events.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.6 Building Form Buildings should have high-quality architecture, 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.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.7 Gateway Character High-quality buildings with architecture and materials befitting the gateway character of the site. The
project should provide gateway signage and treatment.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.8 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.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.9 Parking
Parking in surface lots shall be located to the side or rear of buildings. Underground parking beneath
buildings is preferred. Above grade structures shall not be located along major street frontages. In cases,
where above-grade structures are allowed along internal street frontages, they shall be lined with retail,
entries and active uses on the ground floor. All parking structures should be designed to be architecturally
compatible with a highquality “town center” environment.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.10 Trees Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when
new development are proposed.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
VALLCO SHOPPING
DISTRICT SPECIAL
AREA
Strategy LU-
19.3.11 Neighborhood Buffers Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting singlefamily
residential areas from visual and noise impacts.
Community
Development – Planning General Fund IM See comments for Policy LU-19.1
NORTH VALLCO PARK
SPECIAL AREA Policy LU-20.1 Land Use
This area is a major employment node with office, and research and development uses. Retail and hotel
uses are allowed on the west side of Wolfe Road. Redevelopment of the retail site at the corner of Wolfe and
Homestead Roads should be based on the “neighborhood commercial center” concept described earlier in
this Element. Retail uses are not required on the Hamptons site. See Figure LU–2 for residential densities
and criteria.
Community
Development – Planning General Fund Con.
The Hamptons project (on a
Housing Element site) approved
in 2016. Building permits not
submitted yet. Hotel at
Cupertino Village approved in
2019. Building permits not
submitted yet.
NORTH VALLCO PARK
SPECIAL AREA Policy LU-20.2 Streetscape and
Connectivity
Future roadway improvements on Wolfe Road, Homestead Road, and Tantau Avenue should be
coordinated with planned improvements to improve pedestrian, bike and transit connections. Streetscape
improvements will enhance the pedestrian environment with street trees, attractive bus shelters, and street
furniture. The campus site should provide an attractive landscaped edge along the street. Future
improvements to the Wolfe Road bridge should be coordinated to preserve the vision for this area.
Public Works –
Development Services General Fund Con.Not an action item.
NORTH VALLCO PARK
SPECIAL AREA Policy LU-20.3 Building Form
Buildings in the retail and hotel area should provide active, pedestrian–oriented uses along the street.
Buildings should transition to fit the scale of the surrounding area. Taller buildings should provide
appropriate transitions to fit into the surrounding area. In addition to the height limits established in the
Community Form Diagram, buildings abutting the campus shall incorporate appropriate setbacks,
landscaped buffering, and building height transitions to minimize privacy and security impacts.
Community
Development – Planning General Fund Con.Not an action item.
NORTH VALLCO PARK
SPECIAL AREA Policy LU-20.4 Pedestrian and Bicycle
Connections
Pedestrian–oriented retail and hotel development will support a diverse population of workers and
residents in the area. Trail routes, and alternate trail routes to address security and privacy concerns of
major employers, shall be developed to provide pedestrian and bicycle connections to other destinations.
Community
Development – Planning General Fund Con.Not an action item.
NORTH VALLCO PARK
SPECIAL AREA Policy LU-20.5 Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area is a gateway into
Cupertino from Interstate 280 and points north. The project should provide gateway signage and treatment.
Community
Development – Planning General Fund Con.Not an action item.
NORTH VALLCO PARK
SPECIAL AREA Policy LU-20.6 Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining
single–family residential uses.
Community
Development –
Planning
General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
NORTH DE ANZA
SPECIAL AREA Policy LU-21.1 Conceptual Plan Amend the North De Anza Conceptual Plan to create a cohesive set of land use and streetscape regulations
and guidelines for the North De Anza area.
Community
Development –
Planning; Public Works
– Development Services,
General Fund IM
As part of the "Objective
Standards" Work Program item,
this action is recommended as a
Phase 1 action item. Expected to
be completed within 18-24
months from Council
authorization. There are
landscape easements required on
the west side of De Anza. While
setbacks currently exist on the
east side with existing
developments, there are no
regulations that require these.
Regulations to allow
implementation of these
landscape setbacks on the east
side of De Anza is
recommended.
NORTH DE ANZA
SPECIAL AREA Policy LU-21.2 Land Use Primarily office, and research and development uses supplemented with limited commercial and
residential uses. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund IM See comments for Policy LU-21.1
NORTH DE ANZA
SPECIAL AREA Policy LU-21.3 Streetscape and
Connectivity
North De Anza is envisioned as a walkable, bikeable boulevard with wide sidewalks with street trees and
roadway improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and
enhanced pedestrian crossings are also envisioned along other streets in this area to create an interconnected
grid. Such improvements will also improve school routes from the Garden Gate neighborhood to Lawson
school to the east and provide access to transit routes.
Community
Development –
Planning; Public Works
– Development Services
General Fund IM See comments for Policy LU-21.1
NORTH DE ANZA
SPECIAL AREA
Strategy LU-
21.4 Building Design
Locate buildings along the street with parking areas to the rear. Break up massing of large office buildings
along the street with pedestrian scaled elements and locate building entries and active uses along the street
frontage to improve the pedestrian character of the area. Mixed–use buildings should include entries, active
uses and gathering spaces along the street.
Community
Development – Planning General Fund Con.Not an action item.
NORTH DE ANZA
SPECIAL AREA Policy LU-21.5 Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area is a gateway into
Cupertino from Interstate 280 and points north.
Community
Development – Planning General Fund Con.Not an action item.
NORTH DE ANZA
SPECIAL AREA Policy LU-21.6 Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining
single–family residential uses.
Community
Development – Planning General Fund IM
There are setbacks and/or
landscaping buffers included for
development on the west side of
De Anza Blvd, but not on the
east side.
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.1 Conceptual Plan Maintain and implement the existing South De Anza and Sunnyvale–Saratoga Conceptual Plans.Community
Development – Planning General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.2 Land Use
General Commercial and retail uses with limited commercial office, office and residential uses.
Neighborhood centers should be redeveloped in the “neighborhood commercial centers” concept discussed
earlier in this Element. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.3 Parcel Assembly Highly encourage assembly of parcels to resolve the fragmented and narrow lot pattern and encourage
high–quality development with adequate buffers for neighborhoods.
Community
Development – Planning General Fund Con.Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.4 Streetscape and
Connectivity
South De Anza is envisioned as a walkable, bikeable boulevard with sidewalks, street trees and roadway
improvements for bike lanes and pedestrian crossings. Side streets are also envisioned with pedestrian and
bicycle improvements to ensure walkable connections from adjacent neighborhoods.
Public Works –
Development Services;
Community
Development – Planning
General Fund Con.Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.5 Shared Access Since South De Anza is a heavily traveled route, properties in the same block should be connected with
auto and pedestrian access through shared access easements to reduce impacts on the corridor.
Community
Development – Planning General Fund Con.Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.6 Building Design
Locate buildings and commercial pads along the street with parking areas to the side and rear. Provide
pedestrian–scaled elements and active uses including retail, restaurants, and entries along the street.
Outdoor plaza and activity area can be located along the street with sidewalk and street trees to buffer them
from through traffic.
Community
Development – Planning General Fund Con.Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.7 Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area has gateways
from Highway 85 and at the souther and eastern borders of Cupertino.
Community
Development – Planning General Fund Con.Not an action item.
SOUTH DE ANZA
SPECIAL AREA Policy LU-22.8 Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining
single–family residential uses.
Community
Development – Planning General Fund Con.Not an action item.
HOMESTEAD SPECIAL
AREA Policy LU-23.1 Conceptual Plan Create a conceptual plan for the Homestead Road Special Area with a cohesive set of land use and
streetscape regulations and guidelines.
Community
Development – Planning General Fund LR
No action has been taken with
regard to creating a conceptual
plan for the Homestead Special
Area.
HOMESTEAD SPECIAL
AREA Policy LU-23.2 Land Use
Primarily retail, commercial and residential uses, with some limited quasi–public use. Redevelopment of
neighborhood centers should be based on the “neighborhood commercial center” concept discussed earlier
in this element. See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.Not an action item.
HOMESTEAD SPECIAL
AREA Policy LU-23.3 Connectivity
Homestead Road is envisioned to become a boulevard with bike and pedestrian improvements and new
bicycle and pedestrian crossings at De Anza Boulevard, Blaney Avenue, Wolfe Road, and Tantau Avenue.
This will provide better access for people moving east/west through the City north of Interstate 280, linking
neighborhoods in the western part of the City with Homestead High School, Homestead Square Shopping
Center and Apple Campus 2 to the east.
Public Works –
Development Services General Fund Con.Not an action item.
HOMESTEAD SPECIAL
AREA Policy LU-23.4 Gateway Concept Building and landscape design should be of high quality and reflect the fact that this area is a gateway into
the northern part of Cupertino.
Community
Development – Planning General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
HOMESTEAD SPECIAL
AREA Policy LU-23.5 Neighborhood Buffers Provide building transitions, setbacks and/or landscaping to buffer development from adjoining
single–family residential uses.
Community
Development – Planning General Fund Con.
No action has been taken to
establish these setbacks and/or
landscaping buffers for new
development. There are very few
areas in the Homestead Special
Areas that include single family
neighborhoods in Cupertino.
Sites which are developable that
do not have these standards
established include the
Homestead Square Shopping
Center and the Homestead Lanes
sites.
BUBB ROAD SPECIAL
AREA Policy LU-24.1 Land Use Allowed uses in the Bubb Road Special Area will consist of those described in the ML–rc ordinance with
limited commercial and residential uses.
Community
Development – Planning General Fund Con.
Not an action item. A policy to
designate the Bubb Road Special
Area as an innovation area is an
action item from the adopted
Economic Development Strategic
Plan.
BUBB ROAD SPECIAL
AREA Policy LU-24.2 Streetscape and
Connectivity
Bubb Road is envisioned as a walkable, bikeable corridor with sidewalks, street trees and roadway
improvements for bike lanes and pedestrian crossings. Pedestrian and bike improvements and enhanced
pedestrian crossings are also envisioned along other streets in this area to create an interconnected grid.
Such improvements will also improve routes from the northern and eastern neighborhood to the tri–school
area, parks and services and reduce impacts caused to school and employment traffic.
Public Works –
Development Services General Fund Con.
Not an action item. Bike and
pedestrian improvements
occuring in compliance with
ped/bike Master Plans and funds
provided by private developers.
BUBB ROAD SPECIAL
AREA Policy LU-24.3 Building and Site
Design
Locate buildings along the street with parking areas to the rear. Break up massing of large office buildings
along the street with pedestrian–scaled elements and locate building entries and active uses along the street
frontage to improve the pedestrian character of the area.
Community
Development – Planning General Fund Con.Not an action item.
BUBB ROAD SPECIAL
AREA Policy LU-24.4 Compatibility of Use The compatibility of non–industrial uses with industrial uses must be considered when reviewing new
development.
Community
Development – Planning General Fund Con.Not an action item.
BUBB ROAD SPECIAL
AREA Policy LU-24.5 Neighborhood Buffers New industrial uses should provide building transitions, setbacks and landscaping to provide a buffer for
adjoining low–intensity residential users.
Community
Development – Planning General Fund Con.Not an action item.
MONTA VISTA
VILLAGE Policy LU-25.1 Conceptual Plan
Continue to govern Monta Vista’s commercial area through the Monta Vista Design Guidelines. The
guidelines provide direction for architecture, landscaping and public improvements. Create a Monta Vista
Village Conceptual Plan with a cohesive set of updated regulations and guidelines for this area.
Community
Development – Planning General Fund Con.
No action has been taken with
regard to creating a Monta Vista
Conceptual Plan, through the
Monta Vista Design Guidelines
are in effect and continue to be
implemented.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
MONTA VISTA
VILLAGE Policy LU-25.2 Land Use
Encourage the commercial district to serve as a neighborhood commercial center for Monta Vista Village
and its adjoining neighborhoods. Mixed–use with residential is encouraged. The industrial area should be
retained to provide small–scale light industrial and service industrial opportunities, while remaining
compatible with the surrounding residential and commercial uses. See Figure LU–2 for residential densities
and criteria.
Community
Development – Planning General Fund Con.Not an action item. Current
zoning supports this.
MONTA VISTA
VILLAGE Policy LU-25.3 Buildings and Site
Design
Encourage buildings to be designed in a way that promotes the small–scale, older and mixed–use character
of the area. Buildings should be located along the street with pedestrian–scale architecture and retail and
active uses on the ground floor. Parking should be located to the rear.
Community
Development Planning General Fund Con.
Not an action item. Implemented
through existing standards in the
Monta Vista Design Guidelines.
MONTA VISTA
VILLAGE
Strategy LU-
25.3.1 Storefront Appearance
Commercial and office buildings shall include a storefront appearance to the public street, and shall not be
separated from the public sidewalk by extensive landscaping or changes in elevation. Office buildings shall
be designed to accommodate future entrances from the sidewalk for future retail uses.
Community
Development – Planning General Fund Con.
Not an action item. Implemented
through existing standards in the
Monta Vista Design Guidelines.
MONTA VISTA
VILLAGE
Strategy LU-
25.3.2 Parking
Commercial properties or commercial portions of properties may rely on public parking on Pasadena and
Imperial Avenues to meet their off–site parking needs within the area bounded by Granada Avenue,
Stevens Creek Boulevard, Orange Avenue, and the Union Pacific right–of–way (see diagram to the right).
Community
Development – Planning General Fund Con.Not an action item.
MONTA VISTA
VILLAGE Policy LU-25.4 Street Design and
Connectivity
Maintain Monta Vista Village as a walkable, bikeable mixed–use neighborhood with sidewalks, street trees
and roadway improvements for bike lanes and sidewalks with routes to the tri–school area. Automobile,
pedestrian and bicycle improvements are envisioned along other streets in this area to create an
interconnected grid and with new development to remove street blockages and promote a network of
streets. On–street parking is encouraged. Roadway and sidewalk improvements will also improve school
routes from the northern neighborhoods to the tri–school area.
Community
Development –
Planning; Public Works
– Development Services
General Fund Con.
Not an action item. School route
and sidewalk improvements
being completed through the
Capital Improvements Project.
MONTA VISTA
VILLAGE
Strategy LU-
25.4.1 Interconnected Access Individual properties shall have interconnected pedestrian and vehicle access and shared parking.Community
Development – Planning General Fund Con.
Not an action item. Implemented
through existing standards in the
Monta Vista Design Guidelines.
MONTA VISTA
VILLAGE
Strategy LU-
25.4.2 Residential Streets
Residential street improvements may have a semi–rural appearance based on the Municipal Code
requirements. Safe routes to school streets, or any others designated by the City Council shall be required to
have sidewalks and street trees.
Public Works–
Development Services General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU-26.1 Land Use
Retrofit or redevelop neighborhood centers using the “neighborhood commercial centers” concept
discussed earlier in this Element. Areas that are not designated as “neighborhood centers” are encouraged
to provide commercial uses with active uses such as entries, lobbies, seating areas or retail along the street.
See Figure LU–2 for residential densities and criteria.
Community
Development – Planning General Fund Con.
Not an action item. These areas
include: Tintin Market, Bateh
Bros, Foothill Market, 7-11 at
Bubb, Homestead Crossing (near
Los Altos), Oakmont Shopping
Center and abutting properties,
childcare site on N. Stelling. A
project has been proposed at
Foothill Market and another at
the Bateh Bros. site is
anticipated.
OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU-26.2 Building and Site
Design
Encourage buildings to be designed in a pedestrian–oriented format. Buildings should be located along the
street with pedestrian–scale architecture and retail and active uses on the ground floor. Parking should be
located to the sides or rear. Buildings may be one to two stories in height. In some instances, buildings may
be three stories in height.
Community
Development – Planning General Fund Con.Not an action item.
OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU-26.3 Street Design and
Connectivity
Create neighborhood centers that area walkable, bikeable areas with sidewalks, street trees and roadway
improvements for bike lanes sidewalks to provide connections to the neighborhoods that they service.
Community
Development – Planning General Fund Con.Not an action item.
OTHER
NON–RESISENTIAL/
MIXED–USE SPECIAL
AREAS
Policy LU-26.4 Neighboring Buffers Encourage projects to include building transitions, setbacks and landscaping to provide a buffer for
adjoining low–intensity residential uses.
Community
Development – Planning General Fund Con.No action has been taken on this
at this time.
NEIGHBORHOODS Policy LU-27.1 Compatibility Ensure that new development within and adjacent to residential neighborhoods is compatible with
neighborhood character.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.1.1 Regulations Maintain and update design regulations and guidelines for single–family development that address
neighborhood compatibility and visual and privacy impacts.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.1.2
Neighborhood
Guidelines
Identify neighborhoods that have a unique architectural style, historical background or location and
develop plans that preserve and enhance their character. Support and budget for special zoning or design
guidelines (e.g. the Fairgrove Eichler neighborhood) and single–story overly zones in neighborhoods, where
there is strong neighborhood support.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.1.3 Flexibility When neighborhoods are in transition, add flexibility for requirements for new development that
acknowledge the transition while continuing to respect the existing neighborhood.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.1.4 Late Night Uses
Discourage late–evening entertainment activities such as night–clubs in commercial areas where parcels are
especially narrow, abut single–family residential development, and cannot adequately provide visual and
noise buffers.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Policy LU-27.2 Relationship to the
Street
Ensure that new development in and adjacent to neighborhoods improve the walkability of neighborhoods
by providing inviting entries, stoops and porches along the street frontage, compatible building design and
reducing visual impacts of garages.
Community
Development – Planning General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
NEIGHBORHOODS Policy LU-27.3 Entries Define neighborhood entries through architecture, or landscaping appropriate to the character of the
neighborhood. Gates are discouraged because they isolate developments from the community.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Policy LU-27.4 Connections
Support pedestrian and bicycling improvements that improve access with neighborhoods to parks, schools
and local retail, and between neighborhoods. Support traffic calming measures rather than blocking the
street to reduce traffic impacts on neighborhoods.
Public Works –
Development Services General Fund Con.
Not an action item. Implemented
through the Bike/Ped Master
Plans and the Capital
Improvement project and/or
project review.
NEIGHBORHOODS Policy LU-27.5 Streets Determine appropriate street widths, bike lane, sidewalk and streetlight design to define the unique
character of neighborhoods, where appropriate.
Public Works –
Development Services General Fund Con.Not an action item.
NEIGHBORHOODS Policy LU-27.6 Multi–family
Residential Design Maintain an attractive, liveable environment for multi–family dwellings.Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.6.1
Provision of Outdoor
Areas
Provide outdoor areas, both passive and active, and generous landscaping to enhance the surroundings for
multi–family residents. Allow public access to the common outdoor areas whenever possible.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.6.2 Ordinance Updates Update the Planning Development (residential) and R–3 ordinances to achieve the policies and strategies
applicable to multi–family development in neighborhoods.
Community
Development – Planning General Fund Con.
An ongoing Work Program item -
"Mixed-use development
standards" could address this.
NEIGHBORHOODS Policy LU-27.7 Compatibility of Lots Ensure that zoning, subdivision and lot–line adjustment requests related to lot size or lot design consider
the need to preserve neighborhood lot patterns.
Community
Development – Planning General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.7.1
Ensure that subdivision
and lot–line adjustment
requests respect the
neighborhood lot size
patterns
Consider revisions to lot size requirements if the neighborhood lot pattern is different from the zoning
requirements.
Community
Development –
Planning; Public Works
– Development Services
General Fund Con.Not an action item.
NEIGHBORHOODS Strategy LU-
27.7.2 Flag Lots Allow flag lots only in cases where they are the sole alternative to integrate subdivisions with the
surrounding neighborhood.
Community
Development –
Planning; Public Works
– Development Services
General Fund Con.Not an action item.
NEIGHBORHOODS Policy LU-27.8 Protection
Protect residential neighborhoods from noise, traffic, light, glare, odors and visually intrusive effects from
more intense development with landscape buffers, site and building design, setbacks and other appropriate
measures.
Community
Development –
Planning; Public Works
– Development Services
and Transportation
General Fund Con.
Not an action item. Implemented
via standards in the Municipal
Code.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
NEIGHBORHOODS Policy LU-27.9 Amenities and Services Improve equitable distribution of community amenities such as parks and access to shopping within
walking and bicycling distance of neighborhoods.
Public Works –
Development Services;
Community
Development – Planning
General Fund IM
Parks Master Plan currently
under review. No further action
required at this time.
INSPIRATION HEIGHTS
NEIGHBORHOOD Policy LU-28.1 Connectivity
Improve bicycle and pedestrian environment along Foothill Boulevard and Stevens Canyon Road to
improve neighborhood connectivity to services as well as for hikers and bikers accessing natural open
spaces in the vicinity.
Public Works –
Transportation General Fund Con.
Not an action item. Implemented
through Ped/Bike Master Plans
and private development.
INSPIRATION HEIGHTS
NEIGHBORHOOD Policy LU-28.2 Merriman–Santa Lucia
Neighborhood
Allow legal, non–conforming duplexes to remain in the area bounded by Santa Lucia Road, Alcalde Road
and Foothill Boulevard.
Community
Development – Planning General Fund Con.Not an action item.
OAK VALLEY
NEIGHBORHOOD Policy LU-29.1 Development Intensity
Require development intensity for the single–family Oak Valley neighborhood to be consistent with the
development agreement that includes the use permit and other approvals. The development agreement
describes development areas, intensity and styles of development, public park dedication, tree protection,
access and historic preservation. The theme of the approvals is to balance development with environmental
protection by clustering development, setting it back from sensitive environmental areas and preserving
large areas as permanent open space.
Community
Development – Planning General Fund Con.Not an action item.
OAK VALLEY
NEIGHBORHOOD Policy LU-29.2 Design Elements
Require buildings to reflect the natural hillside setting as required in residential hillside zones with
traditional architectural styles and natural materials and colors. Larger building elements should be scaled
to respect the existing development in the surrounding area.
Community
Development – Planning General Fund Con.
Not an action item. Architectural
standards in the approved
documents for the Oak Valley
development.
FAIRGROVE
NEIGHBORHOOD Policy LU-30.1 Development Standards Require all new construction to conform to the R1–e zoning (Single Family Residential – Eichler).Community
Development – Planning General Fund Con.Not an action item.
FAIRGROVE
NEIGHBORHOOD Policy LU-30.2 Design Guidelines Encourage residents to incorporate the design guidelines illustrated in the Eichler Design Guidelines.Community
Development – Planning General Fund Con.Not an action item.
AVAILABILITY OF
HOUSING Policy HE-1.1
Provision of Adequate
Capacity for New
Construction
Designate sufficient land at appropriate densities to accommodate Cupertino's Regional Housing Needs
Allocation (RHNA) of 1,064 units for the 2014-2022 planning period.
Community
Development – Planning General Fund IM
Completed with identification of
Priority Housing Sites in
2014/2015 and completion of
rezoning in 2019.
AVAILABILITY OF
HOUSING Policy HE-1.2 Housing Densities Provide a full range of densities for ownership and rental housing.Community
Development – Planning None Required Con.Not an action item.
AVAILABILITY OF
HOUSING Policy HE-1.3 Mixed-use
Development Encourage mixed–use development near transportation facilities and employment centers.Community
Development – Housing None Required Con.Not an action item.
AVAILABILITY OF
HOUSING
Community
Development – Planning
and Housing
None Required IM Action completed
To accommodate the Regional Housing Needs Allocation (RHNA), the City will continue to:
*Provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the
RHNA of 1,064 units while maintaining a balanced land use plan that offers opportunities for employment
growth, commercial/retail activities, services and amenities.
Land Use Policy and
Zoning Provisions
Strategy HE-
1.3.1
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
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AVAILABILITY OF
HOUSING HE-1.3.2 Second Dwelling Units The City will continue to implement the Second Dwelling Unit Ordinance and encourage the production of
second units.
Community
Development – Planning None Required Con.
Not an action item. 73 ADUs
have been permitted through
2019. The ordinance is regularly
updated to comply with state
law. Reviewing incentives to
build Accessory Dwelling Units
as part of the City 2019-20 work
program.
AVAILABILITY OF
HOUSING
Strategy HE-
1.3.3 Lot Consolidation
To facilitate residential and mixed use developments, the City will continue to:
*Encourage lot consolidation when contiguous smaller, underutilized parcels are to be redeveloped.
*Encourage master plans for such sites with coordinated access and circulation.
*Provide technical assistance to property owners of adjacent parcels to facilitate coordinated redevelopment
where appropriate.
*Encourage intra– and inter–agency cooperation in working with applicants at no cost prior to application
submittal for assistance with preliminary plan review.
Community
Development – Planning None Required Con.Not an action item.
AVAILABILITY OF
HOUSING
Strategy HE-
1.3.4
Flexible Development
Standards
The City recognizes the need to encourage a range of housing options in the community. The City will
continue to:
*Offer flexible residential development standards in planned residential zoning districts, such as smaller lot
sizes, lot widths, floor area ratio and setbacks, particularly for higher density and attached housing
developments.
*Consider granting reductions in off–street parking on a case–by–case basis for senior housing.
Community
Development – Planning None Required Con.Not an action item. Implemented
via Municipal Code.
AVAILABILITY OF
HOUSING
Strategy HE-
1.3.5
Heart of the City
Specific Plan
To reduce constraints to housing development, and in order to ensure that the designated sites can obtain
the realistic capacity shown in the Housing Element, the City will review revisions to the Heart of the City
Specific Plan residential density calculation requirement, to eliminate the requirement to net the
non–residential portion of the development from the lot area.
Community
Development – Planning None Required IM Action completed in 2014.
HOUSING
AFFORDABILITY Strategy HE-2.1 Housing Mitigation Ensure that all new developments – including market–rate residential developments – help mitigate
project–related impact on affordable housing needs.
Community
Development – Planning BMR AHF Con.
Not an action item. Implemented
via Municipal Code and BMR
Manual.
HOUSING
AFFORDABILITY Policy HE-2.2 Range of Housing
Types
Encourage the development of diverse housing stock that provides a range of housing types (including
smaller, moderate cost of housing) and affordability levels. Emphasize the provision of housing for lower–
and moderate–income households including wage earners who provide essential public services (e.g. school
district employees, municipal and public safety employees, etc.)
Community
Development – Housing BMR AHF Con.
Not an action item. Hamptons
(approved in 2016) provided 30
moderate income level units and
Marina (approved in 2016)
provided 2 moderate income
level units.
HOUSING
AFFORDABILITY Policy HE-2.3
Development of
Affordable Housing
and Housing for
Persons with Special
Needs
Maintain and/or adopt appropriate land use regulations and other development tools to encourage the
development of affordable housing. Make every reasonable effort to disperse units throughout the
community but not at the expense of undermining the fundamental goal of providing affordable units.
Community
Development – Planning
and Housing
BMR AHF IM
Efforts to accommodate an
Extremely Low Income Housing
development for persons with
developmental disabilities
underway.
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HOUSING
AFFORDABILITY
Strategy HE-
2.3.1
Office and Industrial
Housing Mitigation
Program
The City will continue to implement the Office and Industrial Housing Mitigation Program. This program
requires that developers of office, commercial and industrial space pay a mitigation fee, which will then be
used to support affordable housing in the City of Cupertino. These mitigation fees are collected and
deposited in the City’s Below Market–Rate Affordable Housing Fund (BMR AHF).
Community
Development – Planning
and Housing
BMR AHF IM A review/ update to the BMR
fees in underway.
HOUSING
AFFORDABILITY
Residential Housing
Mitigation Program
The City will continue to implement the Residential Housing Mitigation Program to mitigate the need for
affordable housing created by new market–rate residential development. This program applies to new
residential development. Mitigation includes either the payment of the “Housing Mitigation” fee or the
provision of a Below Market–Rate (BMR) unit or units. Projects of seven or more for–sale units must
provide on–site BMR units. Projects of six units or fewer for–sale units can either build one BMR unit or pay
the Housing Mitigation fee. Developers of market–rate rental units, where the units cannot be sold
individually, must pay the Housing Mitigation fee to the BMR AHF. The BMR program specifies the
following:
a. Priority. To the extent permitted by law, priority for occupancy is given to Cupertino residents, Cupertino
full–time employees, and Cupertino public service employees as defined in Cupertino’s Residential
Housing Mitigation Manual.
b. For–Sale Residential Developments. Require 15% for–sale BMR units in all residential developments
where the units can be sold individually (including single–family homes, common interest developments,
and condominium conversions or allow rental BMR units as allowed in (d) below).
c. Rental Residential Developments. To the extent permitted by law, require 15% rental very low and
low–income BMR units in all rental residential developments. If the City is not permitted by law to require
BMR units in rental residential developments, require payment of the Housing Mitigation Fee.
d. Rental Alternative. Allow rental BMR units in for–sale residential developments, and allow developers of
market–rate rental developments to provide on–site rental BMR units. If the developer: 1) enters into an
agreement limiting rents in exhange for a financial contribution or a type of assistance specified in density
bonus law (which includes a variety of regulatory relief); and 2) provides very low–income and low–income
BMR rental units.
e. Affordable Prices and Rents. Establish guidelines for affordable sales prices and affordable rents for new
affordable housing and update the guidelines each year as new income guidelines are received.
f. Development of BMR Units Off Site. Allow developers to meet all or a portion of their BMR or Housing
Mitigation fee requirement by making land available for the City or a nonprofit housing developer to
construct affordable housing, or allow developers to construct the required BMR units off site, in
partnership with a nonprofit. The criteria for land donation or off–site BMR units (or combination of the two
options) will be identified in the Residential Housing Mitigation Manual.
g. BMR Term. Require BMR units to remain affordable for a minimum of 99 years; and enforce the City’s
first right of refusal for BMR units and other means to ensure that BMR units remain affordable.
Community
Development – Planning
and Housing
BMR AHFStrategy HE-
2.3.2
The City has collected
$107,226.54 in BMR mitigation
fees in the calendar year 2019.
Con.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
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Source(s)
Time
Frame Comment
HOUSING
AFFORDABILITY
Strategy HE-
2.3.3
Below Market-Rate
(BMR) Affordable
Housing Fund (AHF)
The City’s BMR AHF will continue to support affordable housing projects, strategies and services, including
but not limited to:
• BMR Program Administration
• Substantial rehabilitation
• Land acquisition
• Acquisition of buildings for
permanent affordability, with or
without rehabilitation• New construction
• Preserving “at-risk” BMR units
• Rental operating subsidies
• Down payment assistance
• Land write-downs
• Direct gap financing
• Fair housing
The City will target a portion of the BMR AHF to benefit extremely lowincome households and persons
with special needs (such as the elderly, victims of domestic violence, and the disabled, including persons
with developmental disabilities), to the extent that these target populations are found to be consistent with
the needs identified in the nexus study the City prepares to identify the connection, or “nexus” between
new developments and the need for affordable housing. To ensure the mitigation fees continue to be
adequate to mitigate the impacts of new development on affordable housing needs, the City will update its
Nexus Study for the Housing Mitigation Plan by the end of 2015.
Community
Development – Housing BMR AHF IM
Nexus study updated in 2015
and is being reviewed in 2019.
Details about the use of the BMR
AHF are reviewed and approved
by the Housing Commission and
the City Council. In 2018, the
BMR AHF provided funding to
the following: •BMR Program
Administration- sixteen new
households were assisted.
•Substantial rehabilitation-
$80,000 to the Greenwood Court
Renovation Project, (4) former
transitional housing units
converted to BMR rental units
•Fair housing services- $43,000
to Project Sentinel
HOUSING
AFFORDABILITY
Strategy HE-
2.3.4 Housing Resources
Cupertino residents and developers interested in providing affordable housing in the City have access to a
variety of resources administered by other agencies. The City will continue to provide information on
housing resources and services offered by the County and other outside agencies.
These include, but are not limited to:
• Mortgage Credit Certificate (MCC) – Santa Clara County Housing and Community Development
Department.
• First-Time Homebuyer Assistance and Developer Loans for Multi-Family Development
- Housing Trust Silicon Valley (HTSV).
• Housing Choice Vouchers (Section 8) - Housing Authority of Santa Clara County (HASCC).
• Affordable housing development
Community
Development – Housing None Required
No action is required at this
time. Information and technical
assistance continues to be
provided by Hello Housing (the
City's contracted service
provider) and city staff.
HOUSING
AFFORDABILITY
Strategy HE-
2.3.5
Surplus Properties for
Housing
The City will explore opportunities on surplus properties as follows:
*Work with local public agencies, school districts and churches to identify surplus properties or
underutilized properties that have the potential for residential development.
*Encourage long–term land leases of properties from churches, school districts, and corporations for
construction of affordable units.
*Evaluate the feasibility of developing special housing for teachers or other employee groups on the surplus
properties.
*Research other jurisdictions housing programs for teachers for their potential applicability in Cupertino.
Community
Development – Housing BMR AHF Con.
Housing staff looking at
opportunities on an ongoing
basis.
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Source(s)
Time
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HOUSING
AFFORDABILITY
Strategy HE-
2.3.6
Incentives for
Affordable Housing
Development
The City will continue to offer a range of incentives to facilitate the development of affordable housing.
These include:
*Financial assistance through the City’s BMR AHF and CDBG funds
*Partner with CDBG and/or support the funding application of qualified affordable housing developers for
regional, state, and federal affordable housing funds, including HOME funds, Low income Housing Tax
Credits (LIHTC), and mortgage revenue bonds.
*Flexible development standards.
*Technical assistance.
*Waiver of park dedication fees and construction tax.
*Parking ordinance waivers.
*Expedited permit processing.
The City joined the Santa Clara County HOME Consortium so that HOME funds for eligible affordable
housing projects within the City of Cupertino are available beginning federal fiscal year 2015.
Community
Development – Housing
and Planning
BMR AHF,
CDBG; HOME;
General Fund
Con.
In 2018, BMR AHF and CDBG
funds were provided to the
following:•BMR AHF- $80,000
to Greenwood Court
Renovation Project, (4) former
transitional housing units
converted to BMR rental units
•CDBG - $64,000 to Rebuilding
Together Silicon Valley, a LI
housing repair and rehab
program •CDBG- $176,201.65 to
Vista Village Renovation Project,
a LI affordable housing
development. Also, participate
in the Regional CDBG/ Housing
Coordinators meeting and
provides technical assistance to
the public service agencies it
funds. and in the Santa Clara
County HOME Consortium.
HOUSING
AFFORDABILITY
Strategy HE-
2.3.7
Density Bonus
Ordinance
The City will encourage use of density bonuses and incentives, as applicable, for housing developments
which include one of the following:
*At least 5% of the housing units are restricted to very low income residents.
*At least 10% of the housing units are restricted to lower income residents
*At least 10 % of the housing units in a for–sale common interest development are restricted to moderate
income residents.
*The project donates at least 1 acre of land to the City or county large enough for 40 very low income units;
the land has the appropriate general plan designation, zoning, permits, approvals, and access to public
facilities needed for such housing; funding has been identified; and other requirements are met.
A density bonus of up to 20% must be granted to projects that contain one of the following:
*The project is a senior citizen housing development (no affordable units required).
*The project is a mobile home park age restricted to senior citizens (no affordable units required).
For projects that contain on–site affordable housing, developers may request one to three regulatory
concessions, which must result in identifiable cost reductions and be needed to make the housing
affordable.
The City will update the density bonus ordinance as necessary to respond to future changes in State Law.
Community
Development – Planning
and Housing
None Required Con.
Recent amendments (as of Sept.
2019) to state law will require the
city to amend the Density Bonus
Ordinance. These will be
presented in 2020 for adoption.
In addition, the City is currently
reviewing the Westport
Cupertino project, which is
utilizing the density bonus
provisions including a density
bonus, incentives, and
concessions.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
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Source(s)
Time
Frame Comment
HOUSING
AFFORDABILITY
Strategy HE-
2.3.8
Extremely Low-Income
Housing and Housing
for Persons with Special
Needs
The City will continue to encourage the development of adequate housing to meet the needs of extremely
low–income households and persons with special needs (such as the elderly, victims of domestic violence,
and the disabled, including persons with developmental disabilities). Specifically, the City will consider the
following incentives:
*Provide financing assistance using the BMR AHF and CDBG
*Allow residential developments to exceed planned density maximums if they provide special needs
housing and the increase in density will not overburden neighborhood streets or hurt neighborhood
character.
*Grant reductions in off–street parking on a case–by–case basis.
*Partner with and/or support the funding application of qualified affordable housing developers for
regional, state, and federal affordable housing funds, including HOME finds, Low Income Housing Tax
Credits( LIHTC), and mortgage revenue bond.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.Not an action item.
HOUSING
AFFORDABILITY
Strategy HE-
2.3.9 Employee Housing
The City permits employee housing in multiple zoning districts. Pursuant to the State Employee Housing
Act, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces
designed for use by a single family or household shall be deemed an agricultural land use. No conditional
use permit, zoning variance, or other zoning clearance shall be required of this employee housing that is not
required of any other agricultural activity in the same zone. The permitted occupancy in employee housing
in a zone allowing agricultural uses shall include agricultural employees who do not work on the property
where the employee housing is located. The Employee Housing Act also specifies that housing for six or
fewer employees be treated as a residential use. The City amended the Zoning Ordinance to be consistent
with the State law in 2014 and will continue to comply with the Employee Housing Act where it would
apply.
Community
Development – Planning None Required IM
Completed in 2014. Zoning Code
amended to be consistent with
State Law.
MAINTAINING
EXISTING HOUSING
STOCK
Policy HE-3.1 Housing Rehabilitation
Pursue and/or provide funding for the acquisition/rehabilitation of housing that is affordable to very low–,
low– and moderate–income households. Actively support and assist non–profit and for–profit developers in
producing affordable units.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.
In 2018, BMR AHF and CDBG
funds were provided to the
following residential
rehabilitation efforts:•BMR AHF-
$80,000 to the Greenwood Court
Renovation Project, (4) former
transitional housing units
converted to BMR rental units
•CDBG- $64,000 to Rebuilding
Together Silicon Valley, a low-
income housing repair and
rehabilitation program •CDBG-
$176,201.65 to Vista Village
Renovation Project, a low-
income affordable housing
development.
MAINTAINING
EXISTING HOUSING
STOCK
Policy HE-3.2 Maintenance and
Repair
Assist lower–income homeowners and rental property owners in maintaining and repairing their housing
units.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
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Source(s)
Time
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MAINTAINING
EXISTING HOUSING
STOCK
Policy HE-3.3 Conservation of
Housing Stock
The City’s existing multi–family units provide opportunities for households of varied income levels.
Preserve existing multi–family housing stock by preventing the net loss of multi–family housing units in
new development and the existing inventory of affordable housing units that are at risk of converting to
market–rate housing.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.Not an action item.
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE-
3.3.1
Residential
Rehabilitation
The City will continue to:
*Utilize its BMR AHF and CDBG funds to support residential rehabilitation efforts in the community. These
include: Acquisition/rehabilitation of rental housing and Rehabilitation of owner–occupied housing.
*Provide assistance for home safety repairs and mobility/accessibility improvements to income–qualified
owner–occupants using CDBG funds. The focus of this strategy is on the correction of safety hazards.
*Partner with and/or support the funding application of qualified affordable housing developers for
regional, state, and federal affordable housing funds, including HOME funds, Low Income Housing Tax
Credits (LIHTC), and mortgage revenue bonds.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.
In 2018, BMR AHF and CDBG
funds were provided to the
following residential
rehabilitation efforts:•BMR AHF-
$80,000 to the Greenwood Court
Renovation Project, (4) former
transitional housing units
converted to BMR rental units
•CDBG- $64,000 to Rebuilding
Together Silicon Valley, a low-
income housing repair and
rehabilitation program •CDBG-
$176,201.65 to Vista Village
Renovation Project, a low-
income affordable housing
development.
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE-
3.3.2
Preservation of At-Risk
Housing Units
One housing project – Beardon Drive (eight units) – is considered at risk of converting to market–rate
housing during the next ten years. The City will proactively contact the property owner regarding its intent
to remain or opt out of the affordable program. In the event, the project becomes a risk of converting to
market–rate housing, the City will work with the property owner or other interested non–profit housing
providers to preserve the units. The City will also conduct outreach to the tenants to provide information on
any potential conversion and available affordable housing assistance programs.
The City will continue to monitor its entire portfolio of affordable housing for–sale and rental inventory
annually. The City will monitor its affordable for–sale inventory by ordering title company lot books,
reviewing property profile reports and updating its public database annually. The City will monitor its
affordable rental income certifications for each BMR tenant. The City records a Resale Restriction
Agreement against each affordable BMR for–sale units and Regulatory Agreement for BMR rental units to
help ensure long–term affordability. To help further preserve the City’s affordable housing stock, the City
may consider providing assistance to rehabilitate and upgrade the affordable unit as well.
Community
Development – Housing
BMR AHF;
CDBG; HOME Con.Not an action item.
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE-
3.3.3
Condominium
Conversion
The existing Condominium Conversion Ordinance regulates the conversion of rental units in multi–family
housing development in order to preserve the rental housing stock. Condominium conversions are not
allowed if the rental vacancy rate in Cupertino and adjacent areas is less than 5% at the time of application
for conversion and has average 5% over the past six months. The City will continue to monitor the
effectiveness of this ordinance in providing opportunities for homeownership while preserving a balanced
housing stock with rental housing.
Community
Development – Planning None Required Con.Not an action item.
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Source(s)
Time
Frame Comment
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE-
3.3.4
Housing Preservation
Program
When a proposed development or redevelopment of a site would cause a loss of multi–family housing, the
City will grant approval only if:
*The project will comply with the City’s BMR program
*The number of units provided on the site is at least equal to the number of existing units; and
*Adverse impacts on displaced tenants, in developments with more than four units, are mitigated.
In addition, indirect displacement may be caused by factors such as increased market rents as areas become
more desirable. The City will participate, as appropriate, in studies of regional housing need and
displacement, and consider policies and programs to address the indirect displacement of lower income
residents as appropriate.
Community
Development – Planning
and Housing
None Required Con.
Not an action item. In 2016, the
Hamptons project was required
to provide relocation assistance
to the displaced tenants in the
existing units.
MAINTAINING
EXISTING HOUSING
STOCK
Strategy HE-
3.3.5
Neighborhood and
Community Clean-up
Campaigns
The City will continue to encourage and sponsor neighborhood and community clean–up campaigns for
both public and private properties.
Community
DevelopmentPublic
Works – Environmental
Programs
General Fund Con.Not an action item.
SUSTAINABLE
HOUSING
DEVELOPMENT
Policy HE-4.1 Energy and Water
Conservation Encourage energy and water conservation in all existing and new residential development.
Community
Development – Building
and Planning
None Required Con.
Not an action item. Implemented
via Strategies HE-4.1.1 & HE-
4.1.2
SUSTAINABLE
HOUSING
DEVELOPMENT
Strategy HE-
4.1.1 Enforcement of Title 24 The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing
some of the other suggestions as identified in the Environmental Resources/Sustainabililty Element.
Community
Development – Building None Required Con.Not an action item. Implemented
through the Municipal Code.
SUSTAINABLE
HOUSING
DEVELOPMENT
Strategy HE-
4.1.2 Sustainable Practices
The City will continue to implement the Landscape Ordinance for water conservation and the Green
Building Ordinance (adopted in 2013) that applies primarily to new residential and non–residential
development, additions, renovations, and tenant improvements of ten or more units.
To further the objectives of the Green Building Ordinance, the City will evaluate the potential to provide
incentives, such as waiving or reducing fees, for energy conservation improvements at affordable housing
projects (existing or new) with fewer than ten units to exceed the minimum requirements of the CA Green
Building Code. This City will also implement the policies in its climate action plan to achieve
residential–focused greenhouse gas emission reductions and further these community energy and water
conservation goals.
Community
Development – Planning
and Building
None Required Con.Not an action item. Implemented
through the Municipal Code.
LOWER-INCOME AND
SPECIAL NEEDS
HOUSING
Policy HE-5.1
Lower-Income and
Special Needs
Households
Support organizations that provide services to lower–income households and special needs households in
the City, such as the homeless, elderly, disabled and single parent households.
Community
Development – Housing
None BMR AHF;
CDBG; HSG Con.
Not an action item. Implemented
via Strategies HE-5.1.1 & HE-
5.1.2
LOWER-INCOME AND
SPECIAL NEEDS
HOUSING
Strategy HE-
5.1.1 Emergency Shelters
The City will continue to facilitate housing opportunities for special needs persons by allowing emergency
shelters as a permitted use in the “BQ” Quasi–Public zoning district. The City will subject emergency
shelters to the same development standards as other similar uses within the BQ zoning district, except for
those provisions permitted by State Law and provided in the Zoning Ordinance for emergency shelters.
Community
Development – Planning None Required Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
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Source(s)
Time
Frame Comment
LOWER-INCOME AND
SPECIAL NEEDS
HOUSING
Strategy HE-
5.1.2
Supportive Services for
Lower-Income
Households and
Persons with Special
Needs
The City will continue to utilize its BMR AHF, CDBG and General Fund Human Service Grants (HSG)
funds to provide for a range of supportive services.
Community
Development – Housing
BMR AHF;
CDBG; HSG Con.
In 2018, BMR AHF, CDBG, and
HSG funds were provided to the
following: •CDBG- $20,431.15 to
Live Oak Adult Day Services, a
senior adult day care•CDBG-
$35,000 to West Valley
Community Services CARE
Program, a community access to
resource and education
program•HSG- $8,000 to
Catholic Charities of Santa Clara
County, a long-term care
ombudsman program•HSG-
$25,000 to MAITRI, a transitional
housing direct client services
program•HSG- $10,600 to Senior
Adult Legal Assistance, a legal
assistance to elders program
LOWER-INCOME AND
SPECIAL NEEDS
HOUSING
Strategy HE-
5.1.3
Rotating Homeless
Shelter The City will continue to support the operation of a Rotating Homeless Shelter program.Community
Development – Housing None Required Con.No action is required at this
time.
FAIR HOUSING Policy HE-6.1 Housing Discrimination
The City will work to eliminate on a citywide basis all unlawful discrimination in housing with respect to
age, race, sex, sexual orientation, marital or familial status, ethnic background. medical condition, or other
arbitrary factors, so that all persons can obtain decent housing.
Community
Development – Housing
BMR AHF;
CDBG Con.Implemented via Strategies HE-
6.1.1.
FAIR HOUSING Strategy HE-
6.1.1 Fair Housing Services
The City will continue to:
*Provide fair housing services, which include outreach, education, counseling, and investigation of fair
housing complaints.
*Retain a fair housing service provider to provide direct services for residents, landlords and other housing
professionals.
*Coordinate with efforts of the Santa Clara County Fair Housing Consortium to affirmatively further fair
housing.
*Distribute fair housing materials produced by various organizations at public counters and public events
Community
Development – Housing
BMR AHF;
CDBG Con.
Continue to provide fair housing
services including outreach,
education, counseling, and
investigation of fair housing
complaints. In 2018, BMR AHF
funds were provided to the
following fair housing services:
•$43,000 to Project Sentinel, a
landlord/tenant rental mediation
program and fair housing
program.
LOCAL AND REGIONAL
COORDINATION Policy HE-7.1 Coordination with
Local School Districts
The Cupertino community places a high value on the excellent quality of education provided by the three
public school districts which serve residents. To ensure the long–term sustainability of the schools in
tandem with the preservation and development of vibrant residential areas, the City will continue to
coordinate with the CUSD, FHUSD, and SCUSD.
Community
Development – Planning None Required Con.
Not an action item. All
development projects are
forwarded for review to the
school districts.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
LOCAL AND REGIONAL
COORDINATION Policy HE-7.2
Coordination with
Regional Efforts to
Address Housing-
Related Issues
Coordinate efforts with regional organizations, including ABAG and the BAAQMD, as well as neighboring
jurisdictions, to address housing and related quality of life issues (such as air quality and transportation).
Community
Development – Housing
and Planning
None Required Con.
Staff is participating in regional
coordination efforts with the
upcoming RHNA process with
regional planning staff to
represent local views
LOCAL AND REGIONAL
COORDINATION Policy HE-7.3 Public-Private
Partnerships
Promote public-private partnerships to address housing needs in the community, especially housing for the
workforce.
Community
Development – Planning
and Housing
None Required Con.Not an action item.
LOCAL AND REGIONAL
COORDINATION
Strategy HE-
7.3.1
Coordination with
Outside Agencies and
Organizations
The City recognizes the importance of partnering with outside agencies and organizations in addressing
local and regional housing issues.
These may include, but are not limited to, the following:
*School districts
*Housing providers
*Neighboring jurisdictions
*ABAG
*BAAQMD
*Housing Trust Silicon Valley
*Santa Clara County Fair Housing Consortium
*Santa Clara County Continuum of Care (COC)
*Housing Authority of Santa Clara County (HASCC)
*VTA
Specifically, the City will meet with these agencies/organizations periodically to discuss the changing needs,
development trends, alternative approaches, and partnering opportunities.
Community
Development – Planning
and Housing
None Required Con.
Not an action item. Continued
coordination with regional
agencies and non-profits.
REGIONAL
COORDINATION Policy M-1.1 Regional Transportation
Planning
Participate in regional transportation planning processes to develop programs consistent with the goals and
policies of Cupertino’s General Plan and to minimize adverse impacts on the City’s circulation system.
Work with neighboring cities to address regional transportation and land use issues of mutual interest.
Public Works –
Transportation General Fund Con.
Not an action item. Coordination
continues in the Plan Bay Area
2050 meetings at Bay Area Metro
(ABAG/MTC)
REGIONAL
COORDINATION Policy M-1.2 Transportation Impact
Analysis
Participate in the development of new multi–modal analysis methods and impact thresholds as required by
Senate Bill 743. However, until such impact thresholds are developed, continue to optimize mobility for all
modes of transportation while striving to maintain the following intersection Levels of Service (LOS) at a.m.
and p.m. peak traffic hours:
*Major intersections: LOS D
*Stevens Creek Boulevard and De Anza Boulevard: LOS E+
*Stevens Creek Boulevard and Stelling Road: LOD E+
*De Anza Boulevard and Bollinger Road: LOS E+
Public Works –
Transportation General Fund IM
FY 2019/2020 Work Program
Item to develop the
Transportation Impact Analysis
policies for CEQA and non-
CEQA analysis. New case law
has established that LOS
standards can no longer be used
to analyze delay.
REGIONAL
COORDINATION Policy M-1.3 Regional Trail
Development
Continue to plan and provide for a comprehensive system of trails and pathways consistent with regional
systems, including the Bay Trail, Stevens Creek Corridor and Ridge Trail.
Public Works –
Development Services
and Transportation
None Required Con.
No action requried at this time.
Implemented through the
Bike/Ped Master Plans.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
COMPLETE STREETS Policy M-2.1 Street Design Adopt and maintain street design standards to optimize mobility for all transportation modes including
automobiles, walking, bicycling and transit.
Public Works –
Development Services
and Transportation
General Fund Con.Not an action item.
COMPLETE STREETS Policy M-2.2 Adjacent Land Use
Design roadway alignments, lane widths, medians, parking and bicycle lanes, crosswalks and sidewalks to
complement adjacent land uses in keeping with the vision of the Planning Area. Strive to minimize adverse
impacts and expand alternative transportation options for all Planning Areas (Special Areas and
Neighborhoods). Improvement standards shall also consider the urban, suburban and rural environments
found within the City.
Public Works –
Transportation and
Development Services
General Fund Con.Not an action item.
COMPLETE STREETS Strategy M-
2.2.1
Rural Road
Improvement Standards
Consider candidate rural roads and develop specific street improvement standards that preserve the rural
character of these streets. Rural roads would typically feature natural landscaping, no sidewalks and narrow
unpaved shoulders.
Public Works –
Transportation and
Development Services
General Fund Con.Not an action item.
COMPLETE STREETS Strategy M-
2.2.2
Semi–rural Road
Improvements
Standards
Consider candidate semi–rural roads where curb and gutter improvements, and no sidewalks, are
appropriate.
Public Works –
Transportation and
Development Services
General Fund Con.Not an action item.
COMPLETE STREETS Strategy M-
2.2.3
Urban Road
Improvement Standards
Develop urban improvement standards for arterials such as Stevens Creek and De Anza Boulevards. In
these areas, standards may include wide sidewalks, tree wells, seating, bike racks and appropriate street
furniture.
Public Works –
Transportation and
Development Services
General Fund Con.Not an action item.
COMPLETE STREETS Strategy M-
2.2.4
Suburban Road
Improvement Standards
Develop suburban road improvement standards for all streets not designated as rural, semi-rural or in the
Crossroads Area.
Public Works –
Transportation and
Development Services
General Fund Con.Not an action item.
COMPLETE STREETS Policy M-2.3 Connectivity Promote pedestrian and bicycle improvements that improve connectivity between planning areas,
neighborhoods and services, and foster a sense of community.
Public Works –
Transportation and
Development Services
General Fund Con.
Not an action item. Implemented
through the Bike/Ped Master
Plans.
COMPLETE STREETS Policy M-2.4 Community Impacts
Reduce traffic impacts and support alternative modes of transportation rather than constructing barriers to
mobility. Do not close streets unless there is a demonstrated safety or over–whelming through traffic
problem and there are no acceptable alternatives since street closures move the problem from one street to
another.
Public Works –
Transportation and
Development Services
General Fund Con.Not an action item.
COMPLETE STREETS Policy M-2.5 Public Accessibility Ensure all new public and private streets are publicly accessible to improve walkability and reduce impacts
on existing streets.
Public Works –
Transportation and
Development Services
General Fund Con.Not an action item.
COMPLETE STREETS Policy M-2.6 Traffic Calming Consider the implementation of best practices on streets to reduce speeds and make them user–friendly for
alternative modes of transportation, including pedestrians and bicyclists.
Public Works –
Transportation and
Development Services
General Fund Con.
Not an action item. Implemented
through the Bike/Ped Master
Plans.
WALKABILITY AND
BIKEABILITY Policy M-3.1 Bicycle and Pedestrian
Master Plan
Adopt and maintain a Bicycle and Pedestrian Master Plan, which outlines policies and improvements to
streets, extension of trails, and pathways to create a safe way for people of all ages to bike and walk on a
daily basis, and as shown in Figure M-1.
Public Works –
Transportation General Fund IM
Master Plans completed and
ongoing maintenance of these
plans will be performed.
Implementation ongoing
through the Capital
Improvement Program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WALKABILITY AND
BIKEABILITY Policy M-3.2 Development
Require new development and redevelopment to increase connectivity through direct and safe pedestrian
connections to public amenities, neighborhoods, shopping and employment destinations throughout the
City.
Community
Development –
Planning; Public Works
– Transportation and
Development Services
General Fund Con.
Not an action item. Reviewed in
conjunction with development
review.
WALKABILITY AND
BIKEABILITY Policy M-3.3 Pedestrian and Bicycle
Crossings
Enhance pedestrian and bicycle crossings and pathways at key locations across physical barriers such as
creeks, highways and road barriers.
Public Works –
Transportation General Fund Con.
Not an action item. Implemented
through the Bike/Ped Master
Plans.
WALKABILITY AND
BIKEABILITY Policy M-3.4 Street Widths Preserve and enhance citywide pedestrian and bike connectivity by limiting street widening purely for
automobiles as a means of improving traffic flow.
Public Works –
Transportation General Fund Con.Not an action item.
WALKABILITY AND
BIKEABILITY Policy M-3.5 Curb Cuts Minimize the number and the width of driveway openings.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
WALKABILITY AND
BIKEABILITY
Strategy M-
3.5.1
Shared Driveway
Access
Encourage property owners to use shared driveway access and use shared driveway access and
interconnected roads within blocks, where feasible. Require driveway access closures, consolidations or
both when a site is remodeled or redeveloped.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
WALKABILITY AND
BIKEABILITY
Strategy M-
3.5.2
Direct Access from
Secondary Streets
Encourage property with frontages on major and secondary streets to provide direct access to driveways
from the secondary street.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
WALKABILITY AND
BIKEABILITY Policy M-3.6 Safe Spaces for
Pedestrians
Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building
entrances.
Community
Development – Planning None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
WALKABILITY AND
BIKEABILITY Policy M-3.7 Capital Improvement
Program
Plan for improvements to pedestrian and bicycle facilities and eliminate gaps along the pedestrian and
bicycle network as part of the City’s Capital Improvement Program.
Public Works –
Transportation and
Capital Improvements
Capital
Improvement
Fund
Con.
Not an action item. Implemented
through the Capital
Improvement Program.
WALKABILITY AND
BIKEABILITY Policy M-3.8 Bicycle Parking Require new development and redevelopment to provide public and private bicycle parking.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.Not an action item. Implemented
through the Municipal Code.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WALKABILITY AND
BIKEABILITY Policy M-3.9 Outreach Actively engage the community in promoting walking and bicycling through education, encouragement
and outreach on improvement projects and programs.
Public Works –
Transportation General Fund Con.
Not an action item. Implemented
through the City's Safe Routes to
School program, Sustainability
and other mobility programs.
WALKABILITY AND
BIKEABILITY Policy M-3.10 Quarry Operations Prioritize enforcement of truck speeds from Stevens Creek and the Lehigh Cement Plan on Stevens Canyon
Road, and Stevens Creek and Foothill Boulevards.
Santa Clara County
Sheriff’s Department General Fund Con.Not an action item. Ongoing
implementation.
TRANSIT Policy M-4.1 Transit Agencies Coordinate with VTA to improve transportation service, infrastructure and access in the City, and to
connect to transportation facilities such as Caltrain and VTA light rail stations.
Public Works –
Transportation None Required Con.Not an action item. Ongoing
coordination.
TRANSIT Policy M-4.2 Local Transportation
Services
Create or partner with transit providers, employers, education institutions, and major commercial entities
to minimize gaps within local transportation services.
Public Works –
Transportation General Fund IM
All new VIA shuttle service
implemented in the City on Oct.
29, 2019.
TRANSIT Policy M-4.3 Connecting Special
Areas
Identify and implement new or enhanced transit services to connect all Special Areas as identified in Figure
PA-1 (Chapter 2: Planning Areas)
Public Works –
Transportation General Fund IM
All new VIA shuttle service
implemented in the City on Oct.
29, 2019.
TRANSIT Policy M-4.4 Transit Facilities with
New Development
Work with VTA and/or major developments to ensure all new development projects include amenities to
support public transit including bus stop shelters, space for transit vehicles as appropriate and attractive
amenities such as trash receptacles, signage, seating and lighting.
Community
Development –
Planning; Public Works
– Transportation and
Development Services
None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
TRANSIT Policy M-4.5 Access to Transit
Services
Support right–of–way design and amenities consistent with local transit goals to improve transit as a viable-
way design and amenities consistent with local transit goals to improve transit as a viable alternative to
driving.
Community
Development –
Planning; Public Works
– Development Services,
Transportation and
Capital Improvement
Program
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with development
review.
TRANSIT Policy M-4.6 Bus and Shuttle
Programs
Work with large regional employers and private commuter bus/shuttle programs to provide safe pick–up,
drop-off, and park and rides in order to reduce single occupancy vehicle trips.
Public Works –
Transportation General Fund Con.Not an action item. Ongoing
coordination.
TRANSIT Policy M-4.7 Vallco Shopping
District Transfer Station
Work with VTA and/or other transportation service organizations to study and develop a transit transfer
station that incorporates a hub for alternative transportation services such as, car sharing, bike sharing
and/or other services.
Public Works –
Transportation None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
SAFE ROUTES TO
SCHOOL Policy M-5.1 Safe Routes to Schools Promote Safe Routes to Schools programs for all schools serving the City.Public Works –
Transportation General Fund Con.
Not an action item. Implemented
through the City's Safe Routes to
School program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
SAFE ROUTES TO
SCHOOL Policy M-5.2 Coordination with
School Districts
Coordinate with the School Districts to develop plans and programs that encourage car/van–pooling,
stagger hours of adjacent schools, establish drop-off locations, and encourage walking and bicycling to
school.
Public Works –
Transportation None Required Con.
Not an action item. Implemented
through the City's Safe Routes to
School program.
SAFE ROUTES TO
SCHOOL
Strategy M-
5.2.1 Teen Commission Encourage the Teen Commission to work with schools to encourage year–round programs to incentivize
walking and biking to school.
Public Works –
Transportation General Fund Con.Not an action item.
SAFE ROUTES TO
SCHOOL Policy M-5.3 Prioritizing Projects Ensure that bicycle and pedestrian safety improvements include projects to enhance safe accessibility to
schools.
Public Works –
Transportation General Fund Con.
Not an action item. Implemented
through the Capital
Improvement Program.
SAFE ROUTES TO
SCHOOL Policy M-5.4 Connections to Trails Connect schools to the citywide trail system.-Connect schools to the citywide trail system.Public Works –
Transportation General Fund Con.
Not an action item. Implemented
through the Capital
Improvement Program.
SAFE ROUTES TO
SCHOOL Policy M-5.5 Education Support education programs that promote safe walking and bicycling to schools.Public Works –
Transportation General Fund Con.
Not an action item. Implemented
through the City's Safe Routes to
School program.
VEHICLE PARKING Policy M-6.1 Parking Codes
Maintain efficient and updated parking standards to ensure that development provides adequate parking,
both on–street and off–street, depending on the characteristics of the development, while also reducing
reliance on the automobile.
Community
Development – Planning General Fund Con.Not an action item. Implemented
through the Municipal Code.
VEHICLE PARKING Policy M-6.2 Off–street Parking Ensure new off–street parking is properly designed and efficiently used.Community
Development – Planning None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
TRANSPORTATION
IMPACT ANALYSIS Policy M-7.1
Multi–Modal
Transportation Impact
Analysis
Follow guidelines set by the VTA related to transportation impact analyses, while conforming to State goals
for multi-modal performance targets.
Public Works –
Transportation None Required IM
FY 2019/2020 Work Program
Item to develop the
Transportation Impact Analysis
policies for CEQA and non-
CEQA analysis.
TRANSPORTATION
IMPACT ANALYSIS Policy M-7.2 Protected Intersections
Consider adopting a Protected Intersection Policy, which would identify intersections where improvements
would not be considered, which would degrade the levels of service for non–vehicular modes of
transportation. Potential locations include intersections in Priority Development Areas (PDAs) and other
areas where non–vehicular transportation is a key consideration, such as, near shopping districts, schools,
parks and senior citizen developments.
Public Works –
Transportation General Fund IM
FY 2019/2020 Work Program
Item to develop the
Transportation Impact Analysis
policies for CEQA and non-
CEQA analysis.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M-8.1 Greenhouse Gas
Emissions Promote transportation policies that help to reduce greenhouse gas emissions.City Manager –
Sustainability Programs None Required Con.
Not an action item. Implemented
through various mobility and
sustainability program - Bike to
Work Day etc.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M-8.2 Land Use
Support development and transportation improvements that help reduce greenhouse gas emissions by
reducing per capita VMT, reducing impacts on the City’s transportation network and maintaining the
desired levels of service for all modes of transportation.
Community
Development –
Planning; Public Works
– Transportation
None Required Con.Not an action item.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M-8.3
Transportation Systems
Management (TSM)
Programs
Employ TSM strategies to improve efficiency of the transportation infrastructure including strategic
right–of–way improvements, intelligent transportation systems and optimization of signal timing to
coordinate traffic flow.
Public Works –
Transportation General Fund Con.Not an action item. Ongoing
implementation.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M-8.4
Transportation Demand
Management (TDM)
Programs
Require large employers, including colleges and schools, to develop and maintain TDM programs to reduce
vehicle trips generated by their employees and students and develop a tracking method to monitor results.
Community
Development –
Planning; Public Works
– Transportation
None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M-8.5 Design of New
Developments
Encourage new commercial development to provide shared office facilities, cafeterias, daycare facilities,
lunchrooms, showers, bicycle parking, home offices, shuttle buses to transit facilities and other amenities
that encourage the use of transit, bicycling or walking as commute modes to work. Provide pedestrian
pathways and orient buildings to the street to encourage pedestrian activity.
Community
Development –
Planning; Public Works
– Transportation
None Required Con.
Not an action item. Reviewed in
conjunction with development
review.
GREENHOUSE GAS
EMISSIONS AND AIR
QUALITY
Policy M-8.6 Alternative Fuel
Charging Stations
Develop a city–wide strategy to encourage the construction of a network of public and private alternative
fuel vehicle charging/fueling stations.
City Manager –
Sustainability Programs General Fund LR
No action has been taken with
regard to development of this
strategy.
ROADWAY SYSTEM
EFFICIENCY Policy M-9.1 Efficient Automobile
Infrastructure
Strive to maximize the efficiency of existing infrastructure by locating appropriate land uses along
roadways and retrofitting streets to be accessible for all modes of transportation.
Community
Development –
Planning; Public Works
– Transportation
General Fund Con.Not an action item.
ROADWAY SYSTEM
EFFICIENCY Policy M-9.2 Reduced Travel
Demand Promote effective TDM programs for existing and new development.
Public Works –
Transportation;
Community
Development – Planning
General Fund Con.
Not an action item. Reviewed in
conjunction with development
review.
ROADWAY SYSTEM
EFFICIENCY Policy M-9.3 Street Width
Except as required by environmental review for new developments, limit widening of streets as a means of
improving traffic efficiency and focus instead on operational improvements to preserve community
character.
Public Works –
Transportation General Fund Con.
Not an action item. Reviewed in
conjunction with development
review.
ROADWAY SYSTEM
EFFICIENCY
Strategy M-
9.3.1
Wolfe Road
Overcrossing
Consider alternate designs for the Wolfe Road/Interstate 280 Interchange (e.g. from partial cloverleaf
design to diamond design) when evaluating the need to widen the freeway overcrossing.
Public Works –
Transportation General Fund IM
Project to design widening this
freeway overcrossing is
underway.
ROADWAY SYSTEM
EFFICIENCY
Strategy M-
9.3.2 Streetscape Design
When reviewing the widening of an existing street, consider aesthetically pleasing enhancements and
amenities to improve the safe movement of pedestrians and bicyclists in keeping with the vision of the
Planning Area.
Public Works –
Transportation None Required Con.
Not an action item. Implemented
with the Captial Improvement
Program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
TRANSPORTATION
INFRASTRUCTURE Policy M-10.1 Transportation
Improvement Plan
Develop and implement an updated citywide transportation improvement plan necessary to accommodate
vehicular, pedestrian and bicycle transportation improvements to meet the City’s needs.
Public Works –
Transportation General Fund IM Action completed.
TRANSPORTATION
INFRASTRUCTURE Policy M-10.2 Transportation Impact
Fee
Ensure sustainable funding levels for the Transportation Improvement Plan by enacting a transportation
impact fee for new development.
Public Works –
Transportation General Fund IM Action completed. TIF adopted
in late 2016.
TRANSPORTATION
INFRASTRUCTURE Policy M-10.3 Multi–Modal
Improvements
Integrate the financing, design and construction of pedestrian and bicycle facilities with street projects.
Build pedestrian and bicycle improvements at the same time as improvements for vehicular circulation to
enable travelers to transition from one mode of transportation to another (e.g. bicycle to bus).
Public Works –
Transportation and
Capital Improvements
Capital
Improvement
Fund
Con.
Not an action item. Implemented
with the Captial Improvement
Program.
TRANSPORTATION
INFRASTRUCTURE Policy M-10.4 Roadway Maintenance
Funding Identify and secure new funding sources to fund the on-going routine maintenance of roadways.
Public Works –
Transportation,
Development Services
and Capital
Improvement Program
NoneCapital
Improvement
Fund/Grants
Con.
Grant funding routinely used to
fund on-going maintenance to
the extent possible.
PLANNING AND
REGIONAL
TRANPORTATION
Policy ES-1.1 Principles of
Sustainability
Incorporate the principles of sustainability into Cupertino’s planning, infrastructure and development
process in order to improve the environment, reduce greenhouse gas emissions, and meet the needs of the
community without compromising the needs of future generations.
City Manager –
Sustainability Programs;
Commuity Development
– Planning;
General Fund Con.Not an action item.
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES-
1.1.1
Climate Action Plan
(CAP)
Adopt, implement and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent
with state law and regional requirements. This qualified greenhouse gas emissions reduction plan, by
BAAQMD’s definition, will allow for future project CEQA streamlining and will identify measures to:
*Reduce energy use through conservation and efficiency;
*Reduce fossil fuel use through multi–modal and alternative transportation;
*Maximize use of and, where feasible, install renewable energy resources;
*Increase citywide water conservation and recycled water use;
*Accelerate Resource Recovery through expanded recycling, composting, extended producer responsibility
and procurement practices;
*Promote and incentivize each of those efforts to maximize community participation and impacts; and
*Integrate multiple benefits of green infrastructure with climate resiliency and adaptation.
City Manager –
Sustainability Programs General Fund IM Action completed. CAP adopted
in 2016.
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES-
1.1.2
CAP and Sustainability
Strategies
Implementation
Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies
in this Element. Institutionalize sustainability by developing a methodology to ensure all environmental,
social and lifecycle costs are considered in project, program, policy and budget decisions.
City Manager –
Sustainability Programs General Fund IM Action completed in 2018.
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES-
1.1.3
Climate Adaptation and
Resiliency
Conduct a climate vulnerability assessment and set preparedness goals and strategies to safeguard human
health and community assets susceptible to the impacts of a changing climate (e.g. increased drought,
wildfires, flooding). Incorporate these into all relevant plans, including the Emergency Preparedness Plan,
Local Hazard Mitigation Plan, Dam Failure Plan, Climate Action Plan, Watershet Protection Plan and
Energy Assuredness Plan.
City Manager –
Sustainability Programs General Fund IM Action Completed.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
PLANNING AND
REGIONAL
TRANPORTATION
Policy ES-1.2
Regional Growth and
Transportation
Coordination
Periodically review and report on the effectiveness of the measures outlined in the CAP and the strategies
in this Element. Institutionalize sustainability by developing a methodology to ensure all environmental,
social and lifecycle costs are considered in project, program, policy and budget decisions.
City Manager –
Sustainability Programs General Fund Con.
PLANNING AND
REGIONAL
TRANPORTATION
Strategy ES-
1.2.1
Local Plan Consistency
with Regional Plans
Update and maintain local plans and strategies so they are consistent with One Bay Area Plan to qualify for
State transportation and project CEQA streamlining.
Community
Development –
Planning; Public Works
– Transportation
General Fund Con.Not an action item. Reviewed
when local plans are updated.
ENERGY
SUSTAINABILITY Policy ES-2.1
Conservation and
Efficient Use of Energy
Resources
Encourage the maximum feasible conservation and efficient use of electrical power and natural gas
resources for new and existing residences, businesses, industrial and public uses.
City Manager –
Sustainability Programs None Required IM
FY 2019/2020 Work Program
includes Reach Codes to allow
implementation of this Policy.
ENERGY
SUSTAINABILITY
Strategy ES-
2.1.1 Coordination Continue to evaluate, and revise as necessary, applicable City plans, codes and procedures for inclusion of
Federal, State and regional requirements and conservation targets.
City Manager –
Sustainability Programs General Fund Con.Not an action item. Reviewed
when local plans are updated.
ENERGY
SUSTAINABILITY
Strategy ES-
2.1.2
Comprehensive Energy
Management
Prepare and implement a comprehensive energy management plan for all applicable municipal facilities
and equipment to achieve the energy goals established in the City’s Climate Action Plan. Track the City’s
energy use and report findings as part of the CAP reporting schedule. Embed this plan into the City’s
Environmentally Preferable Procurement Policy to ensure measures are achieved through all future
procurement and construction practices.
City Manager –
Sustainability Programs General Fund IM
City Sustainability Division has
been working with a vendor to
deploy a comprehensive energy
and water utilities tracking
platform. In addition, the City
has benchmarked all large
facilities in Energy Star Portfolio
Manager. Staff is underway with
developing an energy
management plan and engaging
end-users in energy efficient
practices using these tracking
and reporting mechanisms.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
ENERGY
SUSTAINABILITY
Startegy ES-
2.1.3
Energy Efficient
Replacements
Continue to use life cycle cost analysis to identify City assets for replacement with more energy efficient
technology. Utilize available tools to benchmark and showcase city energy efficiency achievements (i.e. EPA
Portfolio Manager, statewide Green Business Program).
City Manager –
Sustainability Programs General Fund Con.This is not an action item and
occurs on a continual basis.
ENERGY
SUSTAINABILITY
Strategy ES-
2.1.4 Incentive Program
Consider incentive programs for projects that exceed mandatory requirements and promote incentives from
state, county and federal governments for improving energy efficiency and expanding renewable energy
installations.
City Manager –
Sustainability Programs General Fund IM
FY 2019/2020 Work Program
included the adoption of Reach
Codes. These were adopted in
late 2019.
ENERGY
SUSTAINABILITY
Strategy ES-
2.1.5 Urban Forest Encourage the inclusion of additional shade trees, vegetated stormwater treatment and landscaping to
reduce the “heat island effect” in development projects.
City Manager –
Sustainability Programs None Required Con.Not an action item. Reviewed in
conjunction with project review.
ENERGY
SUSTAINABILITY Strategy Alternate Energy
Sources
Promote and increase the use of alternate and renewable energy resources for the entire community
through effective policies, programs and incentives.
City Manager –
Sustainability Programs General Fund Con.Not an action item.
ENERGY
SUSTAINABILITY Strategyy Energy Co–generation
Systems
Encourage the use of energy co–generation systems through the provision of an awareness program
targeting the larger commercial and industrial users-generation systems through the provision of an
awareness program targeting the larger commercial and industrial users and public facilities.
City Manager –
Sustainability Programs None Required Con.Not an action item.
ENERGY
SUSTAINABILITY
Stratagy ES-
2.1.8
Energy Audits and
Financing
Continue to offer and leverage regional partners’ programs to conduct energy audits and/or subvention
programs for homes, commercial, industrial and city facilities, and recommend improvements that lead to
energy and cost savings opportunities for participants and encourage adoption of alternative energy
technologies. Encourage energy audits to include emerging online and application–based energy analytics
and diagnostic tools. Share residential and commercial energy efficiency and renewable energy financing
tools through outreach events and civic media assets.
City Manager –
Sustainability Programs General Fund Con.Not an action item.
ENERGY
SUSTAINABILITY
Strategy ES-
2.1.9
Energy Efficient
Transportation Modes
Continue to encourage fuel–efficient transportation modes such as alternative fuel vehicles, driverless
vehicles, public transit, car and van–pooling community and regional shuttle systems, car and bike sharing
programs, safe routes to schools, communter benefits, and pedestrian and bicycle paths through
infrastructure investment, development incentives, and community education.
City Manager –
Sustainability Programs;
Public Works –
Transportation
General Fund IM City's VIA Shuttle program
commenced on Oct. 29, 2019.
ENERGY
SUSTAINABILITY
Strategy ES-
2.1.10
Community Choice
Energy
Collaborate with regional partners to evaluate feasibility for development of a Community Choice Energy
Program.
City Manager –
Sustainability Programs General Fund -Action Completed.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
SUSTAINABLE
BUILDINGS Policy ES-3.1 Green Building Design Set standards for the design and construction of energy and resource conserving/efficient building.City Manager –
Sustainability Programs General Fund -Action Completed. Implemented
through the Municipal Code.
SUSTAINABLE
BUILDINGS
Strategy ES-
3.1.1
Green Building
Program
Periodically review and revise the City’s Green Building ordinance to ensure alignment with CALGreen
requirements for all major private and public projects that ensure reduction in energy and water use for new
development through site selection and building design.
Community
Development – Building
and Planning
General Fund IM
Sustainability division staff has
reviewed the existing Green
Building ordinance and found it
to be consistent with the orginial
intent and still relevant for
Cupertino. The Council adopted
a reach code ordinance for newly
constructed structures that
would enhance the existing
ordinance for low-carbon
buildings and enhancing electric
vehicle charging requirements.
SUSTAINABLE
BUILDINGS
Strategy ES-
3.1.2 Staff Training
Continue to train appropriate City staff in the design principles, costs and benefits of sustainable building
and landscape design. Encourage City staff to attend external trainings on these topics and attain relevant
program certifications (e.g. Green Point Rater, LEED Accredited Professional).
City Manager –
Sustainability Programs General Fund Con.No an action item.
SUSTAINABLE
BUILDINGS
Strategy ES-
3.1.3
Green Building
Informational Seminars
Conduct and participate in Green Building informational seminars and workshops for members of the
design and construction industry, land development, real estate sales, lending institutions, landscaping and
design, the building maintenance industry and prospective project applicants.
City Manager –
Sustainability Programs General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
SUSTAINABLE
BUILDINGS
Strategy ES-
3.1.4
Green Building
Demonstration
Pursue municipal facility retrofits through a Green Capital Improvement Program (CIP), and new
construction projects that exceed CALGreen and achieve third–party certification criteria (e.g. LEED, Living
Building Challenge, Zero Net Energy) as a means of creating demonstration spaces for developer and
community enrichment.
City Manager –
Sustainability Programs
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with the annual CIP
review.
AIR QUALITY Policy ES-4.1 New Development Minimize the air quality impacts of new development projects and air quality impacts that affect new
development.
Community
Development –
Planning; Public Works
– Capital Improvement
Program
None Required Con.Implement with Strategies ES-
4.1.1 and ES-4.1.2
AIR QUALITY Strategy ES-
4.1.1 Toxic Air Contaminants Continue to review projects for potential generation of toxic air contaminants at the time of approval and
confer with BAAQMD on controls needed are uncertain.
Community
Development –
Planning; Public Works
– Capital Improvement
Program
None Required Con.
Not an action item. Reviewed in
conjunction with project review.
All projects must comply with
the basic BAAQMD controls and
if project environmental review
demands it, with the enhanced
BAAQMD controls.
AIR QUALITY Strategy ES-
4.1.2 Dust Control Continue to require water application to non–polluting dust control measures during demolition and the
duration of the construction period.
Community
Development – Building;
Public Works –
Development Services
and Capital
Improvement Program
None Required Con.Not an action item. Reviewed in
conjunction with project review.
AIR QUALITY Strategy ES-
4.1.3 Planning Ensure that land use and transportation plans support air quality goals.
Community
Development –
Planning; Public Works
– Transportation
None Required IM
FY 2019/2020 Work Program
item to develop Vehicle Miles
Traveled (VMT) policies will
support this strategy. VMT
policies will provide the City
with additional tools to address
carbon emissions from
transportation, and align with
regional Climate Action
Planning efforts.
AIR QUALITY Policy ES-4.2 Existing Development Minimize the air quality impacts of existing development.
Public Works –
Environmental
Programs
None Required IM
Sustainability division is
promoting regional programs to
incentivize switching from gas to
electric appliances, which
directly reduces air quality
impacts of natural gas
combustion in homes and
businesses.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
AIR QUALITY Strategy ES-
4.2.1
Public Education
Program
Establish a citywide public education program providing information on ways to reduce and control
emissions; and continue to provide information about alternative commutes, carpooling and restricting
exacerbating activities on “Spare the Air” high–emissions days.
City Manager –
Sustainability Programs General Fund Con.
Spare the Air alerts sent out and
posted on City website. City's
VIA Shuttle program to
commence on Oct. 29, 2019.
AIR QUALITY Strategy ES-
4.2.2 Home Occupations Review and consider expanding the allowable home–based businesses in residential zoned properties to
reduce the need to commute to work.
Community
Development – Planning General Fund LR No action has been taken with
regard to this strategy.
AIR QUALITY Strategy ES-
4.2.3
Tree Planting in Private
Development
Review and enhance the City’s tree planting and landscaping program and requirements for private
development to reduce air pollution levels.
Community
Development – Planning General Fund LR No action has been taken with
regard to this strategy.
AIR QUALITY Strategy ES-
4.2.4
Fuel–efficient Vehicles
and Use
Prioritize the purchase, replacement and on–going use of fuel–efficient and low polluting City fleet
vehicles. Update applicable policies and programs to require life cycle cost analyses and include alternative
fueling infrastructure review and related funding allocations. Update the Vehicle Use Policy and pursue
fleet management best practices to support fuel conservation, scheduled maintenance and fleet fuel tracking.
Pursue available grant funding to offset the cost of implementing these programs.
Public Works – Service
Center General Fund Con.
Public Works looks to replace
internal combustion engine (ICE)
vehicles with hybrids or electric
vehicles, and implements
elements of the Climate Action
Plan (CAP). 56% of eligible city
vehicles have been converted to
electric or hybrid drives.
AIR QUALITY Strategy ES-
4.2.5
Point Sources of
Emissions
Continue to seek the cooperation of the BAAQMD to monitor emissions from identified point sources that
impact the community. In addition, for sources not within the regulatory jurisdiction of the City, seek
cooperation from the applicable regulatory authority to encourage reduction of emissions and dust from the
point source.
City Manager –
Sustainability None Required Con.
Ongoing monitoring for the
Lehigh Plant being conducted by
BAAQMD.
AIR QUALITY Policy ES-4.3 Use of Open Fires and
Fireplaces Discourage high pollution fireplace use.
Public Works –
Environmental
Programs
None Required Con.
Implement with Strategies ES-
4.3.1 and ES-4.3.2. City Council
has adopted an all-electric
building reach code for new
construction, which would
directly reduce air quality
impacts associated with
combustion of natural gas in new
buildings, including fireplaces.
AIR QUALITY Strategy ES-
4.3.1 Education Continue to make BAAQMD literature on reducing pollution from fireplace use available.
Public Works –
Environmental
Programs
None Required Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
AIR QUALITY Strategy ES-
4.3.2 Fireplaces Continue to prohibit new wood–burning fireplaces, except EPA certified wood stoves as allowed by the
Building Code.
Community
Development – Building None Required Con.
Sustainability commission has
recommended an all-electric
building reach code for new
construction, which would
directly reduce air quality
impacts associated with
combustion of natural gas in new
buildings, including fireplaces.
URBAN AND RURAL
ECOSYSTEMS Policy ES-5.1 Urban Ecosystem Manage the public and private development to ensure the protection and enhancement of its urban
ecosystem.
Public Works – Capital
Improvement Program
and Park Improvement;
Community
Development – Planning
None Required Con.Not an action item. Implement
with underlying strategies.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES-
5.1.1 Landscaping
Ensure that the City’s tree planting, landscaping and open space policies enhance the urban ecosystem by
encouraging medians, pedestrian–crossing curb–extensions planting that is native, drought–tolerant, treats
stormwater and enhance urban plant, aquatic and animal resources in both, private and public
development.
Public Works – Capital
Improvement Program,
Service Center, Park
Improvement,
Environmental
Programs, and
Development Services;
Community
Development – Planning
General Fund Con.Not an action item.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES-
5.1.2 Built Environment
Ensure that sustainable landscaping design is incorporated in the development of City facilities, parks and
private projects with the inclusion of measures such as tree protection, stormwater treatment and planting
of native, drought tolerant landscaping that is beneficial to the environment.
Public Works – Capital
Improvement Program,
Service Center Park
Improvement, and
Development Services;
Community
Development – Planning
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review.
The City's Municipal Code and
State standards contain measures
for water-efficient landscaping
and other sustainabile
landscaping measures.
URBAN AND RURAL
ECOSYSTEMS Policy ES-5.2 Development Near
Sensitive Areas
Encourage the clustering of new development away from sensitive areas such as riparian corridors, wildlife
habitat and corridors, public open space preserves and ridgelines. New developments in these areas must
have a harmonious landscaping plan approved prior to development.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
URBAN AND RURAL
ECOSYSTEMS
Strategy ES-
5.2.1
Riparian Corridor
Protection Require the protection of riparian corridors through the development approval process.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
URBAN AND RURAL
ECOSYSTEMS Policy ES-5.3
Landscaping In and
Near Natural
Vegetation
Preserve and enhance existing natural vegetation, landscaping features and open space when new
development is proposed within existing natural areas. When development is proposed near natural
vegetation, encourage the landscaping to be consistent with the palate of vegetation found in the natural
vegetation.
Community
Development –
Planning; Public Works
– Capital Improvement
Program and Park
Improvement
None Required/
Capital
Improvement
Program
Con.Not an action item. Reviewed in
conjunction with project review.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES-
5.3.1 Native Plants
Continue to emphasize the planting of native, drought tolerant, pest resistant, non–invasive, climate
appropriate plants and ground covers, particularly for erosion control and to prevent disturbance of the
natural terrain.
Public Works –
Environmental
Programs; Community
Development – Planning
None Required Con.
Not an action item. Implemented
through the Municipal Code.
The City's demonstration garden
at City Hall is an educational
resource for citizens.
Sustainability division staff also
promotes regional incentive
programs to remove turf and
replace with native landscaped
alternatives.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES-
5.3.2 Hillsides Minimize lawn area in the hillsides.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.Not an action item. Implemented
through the Municipal Code.
URBAN AND RURAL
ECOSYSTEMS Policy ES-5.4 Hillside Wildlife
Migration
Confine fencing on hillside property to the area around a building, rather than around an entire site, to
allow for migration of wild animals.
Community
Development – Planning None Required Con.Not an action item. Implemented
through the Municipal Code.
URBAN AND RURAL
ECOSYSTEMS Policy ES-5.5 Recreation and Natural
Vegetation
Limit recreation in natural areas to activities compatible and appropriate with preserving natural
vegetation, such as hiking, horseback riding, mountain biking and camping.
Public Works – Park
Improvement, Parks and
Recreation - Business
Services and Outdoor
Recreation & Youth
Development
None Required Con.
Not an action item. Implemented
through the Capital
Improvement Program and the
Municipal Code.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
URBAN AND RURAL
ECOSYSTEMS Policy ES-5.6 Recreation and Wildlife
Provide open space linkages within and between properties for both recreation and wildlife activities, most
specifically for the benefit of wildlife that is threatened, endangered or designated as species of special
concern.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES-
5.6.1
Creek and Water
Course Identification
Require identification of creeks, water courses and riparian areas on site plans and require that they be
protected from adjacent development.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
URBAN AND RURAL
ECOSYSTEMS
Strategy ES-
5.6.2 Trail Easements Consider requiring easements for trail linkages if analysis determines that they are needed.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
MINERAL RESOURCES Policy ES-6.1 Mineral Resource Areas Cooperatively work with Santa Clara County to ensure that plans for restoration and mining operations at
Lehigh Hanson and Stevens Creek quarries consider environmental impacts and mitigations.
City Manager; Public
Works None Required Con.
Not an action item. Comments
and review conducted as and
when projects are proposed.
MINERAL RESOURCES Strategy ES-
6.1.1 Public Participation Encourage Santa Clara County to engage with the affected neighborhoods when considering changes to
restoration plans and mineral extraction activity.City Manager None Required Con.
Not an action item. Comments
and review conducted as and
when projects are proposed.
MINERAL RESOURCES Strategy ES-
6.1.2
Recreation in Depleted
Mining Areas
Consider designating abandoned quarries for passive recreation to enhance plant and wildlife habitat and
rehabilitate the land.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
WATER Policy ES-7.1 Natural Water Bodies
and Drainage Systems
In public and private development use Low Impact Development (LID) principles to manage stormwater
by mimicking natural hydrology, minimizing grading and protecting or restoring natural drainage systems.
Public Works –
Development Services,
Capital Improvement
Program and
Environmental
Programs
General Fund Con.Not an action item. Implemented
through the Municipal Code.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WATER Strategy ES-
7.1.1
Public and Private
Development Plans
Continue to require topographical information; identification of creeks, streams and drainage areas; and
grading plans with development proposals to ensure protection and efficient use of water resources.
Community
Development –
Planning; Public Works
– Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
WATER Policy ES-7.2 Reduction of
Impervious Surfaces
Minimize stormwater runoff and erosion impacts resulting from development and use Low Impact
Development (LID) designs to treat stormwater or recharge groundwater.
Public Works –
Development Services
and Environmental
Programs
None Required Con.Not an action item. Implemented
through the Municipal Code.
WATER Strategy ES-
7.2.1 Lot Coverage Consider updating lot coverage requirements to include paved surfaces such as driveways and on–grade
pervious patios to incentivize the construction of pervious surfaces.
Community
Development –
Planning; Public Works
– Development Services
and Environmental
Programs
General Fund LR
No action has been taken with
regard to this strategy. City will
be working on a program to
incentivize removal of
impervious pavement on private
property.The 2019 California
Green Building Standards, as
well as Cupertino's local green
building ordinance contains
measures that limit the amount
of impervious surface area for
projects seeking a building
permit where applicable.
WATER Strategy ES-
7.2.2
Pervious Walkways and
Driveways
Encourage the use of pervious materials for walkways and driveways. If used on public and quasi-public
property, mobility and access for the disabled should take precedence.
Community
Development –
Planning; Public Works
– Development Services
and Environmental
Programs
None Required Con.Not an action item. Reviewed in
conjunction with project review.
WATER Strategy ES-
7.2.3 Maximize Infiltration Minimize impervious surface areas, and maximize on–site filtration and the use of on–site retention
facilities.
Public Works –
Development Services
and Environmental
Programs
None Required Con.
Not an action item. Implemented
through the Municipal Code and
C.3 requirements
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WATER Policy ES-7.3 Pollution and Flow
Impacts
Ensure that surface and groundwater quality impacts are reduced through development review and
voluntary efforts.
Public Works –
Development Services
and Environmental
Programs
None Required Con.Not an action item. Implemented
through the Municipal Code.
WATER Strategy ES-
7.3.1 Development Review Require LID designs such as vegetated stormwater treatment systems and green infrastructure to mitigate
pollutant loads and flows.
Public Works –
Development Services,
Capital Improvement
Program and
Environmental
Programs
None Required Con.Not an action item. Implemented
through the Municipal Code.
WATER Strategy ES-
7.3.2 Creek Clean Up Encourage volunteer organizations to help clean creek beds to reduce pollution and help return waterways
to their natural state.
Public Works –
Environmental
Programs
None Required Con.
Not an action item. Volunteer
creek clean up activities
organized
WATER Policy ES-7.4 Watershed Based
Planning Review long–term plans and development projects to ensure good stewardship of watersheds.
Public Works –
Environmental
Programs
None Required Con.Implement through Strategies ES-
7.4.1, ES-7.4.2 and ES-7.4.3
WATER Strategy ES-
7.4.1
Storm Drainage Master
Plan
Develop and maintain a Storm Drainage Master Plan which identifies facilities needed to prevent “10–year”
event street flooding and “100–year” event structure flooding and integrate green infrastructure to meet
water quality protection needs in a cost effective manner.
Public Works –
Development Services
and Environmental
Programs
General Fund
Storm Drainage Master Plan
updated Jan 2019. Projects
identified in the Master Plan to
be proposed as Capital
Improvement Projects for
Council consideration on an
ongoing basis.
WATER Strategy ES-
7.4.2
Watershed
Management Plans
Work with other agencies to develop broader Watershed Management Plans to model and control the
City’s hydrology.
Public Works –
Development Services
and Environmental
Programs
None Required Con.Not an action item. Onging
coordination.
WATER Strategy ES-
7.4.3 Development Review development plans to ensure that projects are examined in the context of impacts on the entire
watershed, in order to comply with the City’s non-point source Municipal Regional Permit.
Public Works –
Development Services
and Environmental
Programs
None Required Con.Not an action item. Implemented
through the Municipal Code.
WATER Policy ES-7.5 Groundwater Recharge
Sites
Support the SCVWD efforts to find and develop groundwater recharge sites within Cupertino and provide
public recreation where possible.
Public Works –
Environmental
Programs
None Required Con.Not an action item. Ongoing
coordination.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WATER Policy ES-7.6 Other Water Sources Encourage the research of other water sources, including water reclamation.
Public Works –
Environmental
Programs
None Required LR
City has been working with
SCVWD regarding the expansion
of reclaimed water systems
through Cupertino.
WATER Policy ES-7.7 Industrial Water
Recycling
Encourage industrial projects in cooperation with the Cupertino Sanitary District, to have long–term
conservation measures, including recycling equipment for manufacturing and water supplies in the plant.
Public Works –
Environmental
Programs
None Required Con.Not an action item.
WATER Policy ES-7.8 Natural Water Courses
Retain and restore creek beds, riparian corridors, watercourses and associated vegetation in their natural
state to protect wildlife habitat and recreation potential and assist in groundwater percolation. Encourage
land acquisition or dedication of such areas.
Public Works – Capital
Improvement Program
and Development
Services
Capital
Improvement
Fund
Con.Not an action item. Reviewed in
conjunction with project review.
WATER Strategy ES-
7.8.1
Inter–Agency
Coordination
Work with the SCVWD and other relevant regional agencies to enhance riparian corridors and provide
adequate flood control by use of flow increase mitigation measures, such as hydromofication controls as
established by the Municipal Regional Permit.
Public Works –
Development Services None Required Con.
Not an action item. Ongoing
coordination and
implementation through the
Municipal Code.
WATER Policy ES-7.9
Inter–Agency
Coordination for Water
Conservation
Continue to coordinate citywide water conservation and regional water supply problem solving efforts
with the SCVWD, SJWC and CALWater.
Public Works –
Environmental
Programs; City Manager
– Sustainability
None Required Con.Not an action item. Ongoing
coordination.
WATER Stratey ES-7.9.1 Water Conservation
Measures
Implement water conservation measures and encourage the implementation of voluntary water
conservation measures from the City’s water retailers and SCVWD.
Public Works –
Environmental
Programs; City Manager
– Sustainability,
Community
Development –
Planning
General Fund Con.Not an action item. Ongoing
education/ coordination.
WATER Policy ES-7.10
Public Education
Regarding Resource
Conservation
Provide public information regarding resource conservation.
Public Works –
Environmental
Programs; City Manager
– Sustainability
General Fund Con.Not an action item. Ongoing
education/ coordination.
WATER Policy ES-7.10.1 Outreach
Continue to send educational information and notices to households and businesses with water
prohibitions, water allocations and conservation tips. Continue to offer featured articles in the Cupertino
Scene and Cupertino Courier. Consider providing Public Service Announcements on the City’s Channel and
Cupertino Radio.
Public Works –
Environmental
Programs; City Manager
– Sustainability
General Fund Con.Not an action item. Ongoing
education/ coordination.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WATER Policy ES-7.10.2 Demonstration Gardens Consider including water–wise demonstration gardens in some parks where feasible as they are
re–landscaped or improved using drought tolerant native and non–invasive, and non–native plants.
Public Works – Capital
Improvement Program,
Environmental
Programs, and Service
Center
Capital
Improvement
Fund
Con.
Not an action item. Ongoing
education/ coordination. The
City's demonstration garden at
City Hall is an educational
resource for citizens. The garden
also saves the City significant
water and maintenance expense.
A ribbon cutting was hosted at
City Hall in August 2019, and an
online portal has been created to
bolster the educational value of
this resource.
www.cupertino.org/demogarden
. Sustainability division staff also
promotes regional incentive
programs to remove turf and
replace with native landscaped
alternatives.
WATER Policy ES-7.11
Water Conservation
and Demand Reduction
Measures
Promote efficient use of water throughout the City in order to meet State and regional water use reduction
targets.
Public Works –
Environmental
Programs and Service
Center; City Manager –
Sustainability
General Fund Con.
Ongoing implementation of State
and Regional intitatives
regarding water conservation, as
well as education/ coordination.
WATER Strategy ES-
7.11.1
Urban Water
Management Plan
Collaborate with water retailers serving the City in the preparation of their Urban Water Management Plan,
including water conservation strategies and programs.
Public Works –
Environmental
Programs, Service
Center
None Required Con.Not an action item. Ongoing
coordination.
WATER Srategy ES-
7.11.2
Water Conservation
Standards
Comply with State water conservation standards by either adopting the State standards or alternate
standards that are equally efficient.
Public Works –
Environmental
Programs and Service
Center; Community
Development – Building
General Fund IM
Action completed. Municipal
Code amended to meet State
standards/ equivalent in
2016.The City of Cupertino
adopted the 2019 update to the
California Green Building
Standards code, which contains
mandatory measures for water
conservation both inside
buildings and in exterior
landscaped areas.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
WATER Strategy ES-
7.11.3 Recycled Water System Continue to work with water retailers to promote and expand the availability of recycled water in the City
for public and private use.
Public Works –
Development Services None Required Con.
Not an action item. City has been
working with SCVWD regarding
the expansion of reclaimed water
systems through Cupertino.
WATER Strategy ES-
7.11.4
Recycled Water in
Projects
Encourage and promote the use of recycled water in public and private buildings, open space and
streetscape planting.
Public Works –
Development Services,
Capital Improvement
Program and Park
Improvement
None Required Con.Not an action item. Reviewed in
conjunction with project review.
WATER Strategy ES-
7.11.5 On–site Recycled Water Encourage on-site water recycling including rainwater harvesting and gray water use.
Public Works –
Development Services,
Environmental Services,
Capital Improvement
Program and Park
Improvement; City
Manager – Sustainability
Programs
None Required Con.Not an action item. Reviewed in
conjunction with project review.
WATER Strategy ES-
7.11.6
Water Conservation
Programs
Benchmark and continue to track the City’s public and private municipal water use to ensure ongoing
accountability and as a means of informing prioritization of future agency water conservation projects.
City Manager –
Sustainability Programs General Fund Con.
WATER Strategy ES-
7.11.7
Green Business
Certification and Water
Conservation
Continue to support the City’s Green Business Certification goals of long–term water conservation within
City facilities, vegetated stormwater infiltration systems, parks and medians, including installation of
low–flow toilets and showers, parks, installation of automatic shut–off valves in lavatories and sinks and
water efficient outdoor irrigation.
Public Works –
Environmental Services,
Service Center, Capital
Improvement Program,
City Manager –
Sustainability Programs,
Community
Development
General Fund Con.
Not an action item. Ongoing
implementation through the
Capital Improvement Program
and Development Review.
REGIONAL
COORDINATION Policy HS - 1.1 Regional Hazard Risk
Reduction Planning
Coordinate with Santa Clara County and local agencies to implement the Multi-Juridictional Local Hazard
Mitigation Plan (LHMP) for Santa Clara County.
City Manager –
Emergency Services None Required Con.Not an action item. Ongoing
regional coordination.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
REGIONAL
COORDINATION
Strategy HS -
1.1.1
Monitoring and
Budgeting
Monitor and evaluate the success of the LHMP, including local strategies provided in Cupertino Annex
(Section 11). Working with Santa Clara County, ensure that strategies are prioritized and implemented
through the CIP and provide adequate budget for on–going programs and department operations.
City Manager –
Emergency Services None Required
REGIONAL
COORDINATION
Strategy HS -
1.1.2
Mitigation
Incorporation
Ensure that mitigation actions identified in the LHMP are being incorporated into upcoming City
sponsored projects, where appropriate.
City Manager –
Emergency Services General Fund
REGIONAL
COORDINATION
Strategy HS-
1.1.3
Hazard Mitigation Plan
Amendments and
Updates
Support Santa Clara County in its role as the lead agency that prepares and updates the LHMP. City Manager –
Emergency Services General Fund
REGIONAL
COORDINATION Policy HS - 1.2 Sea Level Rise
Protection Ensure all areas in Cupertino are adequately protected for the anticipated effects of sea level rise.
Public Works –
Development Services
and Capital
Improvement Program
General Fund Con.Not an Action Item. Ongoing
coordination occuring.
REGIONAL
COORDINATION
Strategy HS-
1.2.1
Monitor Rising Sea
Level
Regularly coordinate with regional, state, and federal agencies on rising sea levels in the San Francisco Bay
and major tributaries to determine if additional adaptation strategies should be implemented to address
flooding hazards. This includes monitoring FEMA flood map updates to identify areas in the City
susceptible to sea level rise, addressing changes to state and regional sea and Bay level rise estimates, and
coordinating with adjacent municipalities on flood control improvements as appropriate.
Public Works –
Development Services None Con.Not an Action Item. Ongoing
coordination occuring.
REGIONAL
COORDINATION
Strategy HS -
1.2.2
Flood Insurance Rate
Maps
Provide to the public, as available, up–to–date Flood Insurance Rate Maps (FIRM) that identify rising sea
levels and changing flood conditions.
Public Works –
Development Services General Fund Con.Not an Action Item. Ongoing
coordination occuring.
EMERGENCY
PREPAREDNESS Policy HS - 2.1 Promote Emergency
Preparedness
Distribute multi–hazard emergency preparedness information for all threats identified in the emergency
plan. Information will be provided through Cardiopulmonary Resuscitation (CPR), First Aid and
Community Emergency Response Team (CERT) training, lectures and seminars on emergency
preparedness, publication of monthly safety articles in the Cupertino Scene, posting of information on the
Emergency Preparedness website and coordination of video and printed information at the library.
City Manger –
Emergency Services General Fund Con.Information distributed by the
City's Emergency Coordinator.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
EMERGENCY
PREPAREDNESS Policy HS - 2.2 Emergency Operations
and Training
Ensure ongoing training of identified City staff on their functions/ responsibilities in the EOC and in
disaster preparedness, first aid and CPR.
City Manger –
Emergency Services General Fund Con.
Not an action item. There are
both mandatory and voluntary
training organized by the
Emergency Coordinator.
EMERGENCY
PREPAREDNESS
Strategy HS -
2.2.1
Emergency Operations
Center (EOC)
Review options to provide functional and seismic upgrades to the EOC facility at City Hall or explore
alternative locations for the EOC.
Public Works – Capital
Improvement Program General Fund Con.
Not an action item. Ongoing
implementation through the
Capital Improvement Program.
EMERGENCY
PREPAREDNESS
Strategy HS -
2.2.2 Employee Training Conduct regular exercises and participate in regional exercises to ensure that employees are adequately
trained.
City Manager –
Emergency Services General Fund Con.
Not an action item. There are
both mandatory and voluntary
training organized by the
Emergency Coordinator.
EMERGENCY
PREPAREDNESS Policy HS - 2.3 Volunteer Groups Continue to encourage the ongoing use of volunteer groups to augment emergency services, and clearly
define responsibilities during a local emergency.
City Manager –
Emergency Services None Required Con.
Not an action item. There are
both mandatory and voluntary
training organized by the
Emergency Coordinator.
EMERGENCY
PREPAREDNESS
Strategy HS -
2.3.1
Cupertino Citizen
Corps
Continue to support the Cupertino Amateur Radio Emergency Services (CARES), Community Emergency
Response Team (CERT) and Medical Reserve Corp (MRC) programs to ensure the development of
neighborhood based emergency preparedness throughout the City. Encourage ongoing cooperation with
CERTs in other cities.
City Manager –
Emergency Services General Fund Con.Not an action item. This is
ongoing.
EMERGENCY
PREPAREDNESS
Strategy HS -
2.3.2 Community Groups Continue pre–disaster agreements with appropriate community groups to provide specified post–disaster
assistance, through the Emergency Service Coordinator and with the advice of the City Attorney.
City Manager –
Emergency Services General Fund Con.
Not an action item. This is
ongoing maintenance of existing
agreements.
EMERGENCY
PREPAREDNESS
Strategy HS -
2.3.3 American Red Cross Continue to implement the American Red Cross agreements under the direction of the Director of
Emergency Services during a disaster.
City Manager –
Emergency Services General Fund Con.
Not an action item. This is
ongoing maintenance of existing
agreements.
EMERGENCY
PREPAREDNESS
Strategy HS -
2.3.4 Shelter Provisions Continue the agreement with designated shelter sites to provide space for emergency supply containers.City Manager –
Emergency Services General Fund
EMERGENCY
PREPAREDNESS
Strategy HS -
2.3.5
Amateur Radio
Operators
Continue to support training and cooperation between the City and Cupertino Amateur Radio Emergency
Service (CARES) to prepare for emergency communications needs.
City Manager –
Emergency Services General Fund
EMERGENCY
PREPAREDNESS Policy HS - 2.4 Emergency Public
Information Maintain an Emergency Public Information program to be used during emergency situations.City Manager –
Emergency Services General Fund
EMERGENCY
PREPAREDNESS
Strategy HS -
2.4.1
Communication
Methods
Use the local TV channel, Cupertino Alert System (CAS), the Internet and other communication methods to
transmit information to the citizenry.
City Manager –
Emergency Services General Fund
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
EMERGENCY
PREPAREDNESS
Strategy HS -
2.4.2
Public Information
Office
Activate the Public Information in coordination with the Sheriff and the Fire Department to provide
accurate information to the public as needed.
City Manager –
Emergency Services General Fund
EMERGENCY
PREPAREDNESS Policy HS - 2.5 Disaster Medical
Response
Continue to coordinate with the appropriate County agencies and local emergency clinics to ensure
preparedness and provide disaster medical response. Coordinate with the CERT member throughout the
City to ensure that they are prepared to provide emergency support and first aid at the neighborhood level.
City Manager –
Emergency Services General Fund
EMERGENCY
PREPAREDNESS
Strategy HS -
2.5.1
Memorandum of
Understanding (MOU)
Develop a MOU with local emergency clinics. The County’s role and involvement in emergencies should be
considered in development of the MOU.
City Manager –
Emergency Services General Fund
EMERGENCY
PREPAREDNESS Policy HS - 2.6 Military Facilities and
Readiness
Consider the impact of development on neighboring military facilities and maintain military airspace to
ensure military readiness.
Community
Development – Planning General Fund Con.
There are no abutting military
facilities or airspace over
Cupertino.
FIRE SAFETY Policy HS - 3.1 Regional Coordination
Coordinate wildland fire prevention efforts with adjacent jurisdictions. Encourage the County and the
Midpeninsula Open Space District to implement measures to reduce fire hazards, including putting into
effect the fire reduction policies of the County Public Safety Element, continuing efforts in fuel
management, and considering the use of “green” fire break uses for open space lands.
Santa Clara County Fire General Fund Con.
The City participates in the
County's Weed Abatement
program to ensure fire safety.
FIRE SAFETY Policy HS - 3.2 Early Project Review Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire
Department input and modification as needed.
Community
Development – Building
and Planning; Santa
Clara County Fire
General Fund Con.Not an action item. Ongoing
coordination.
FIRE SAFETY Policy HS - 3.3 Emergency Access Ensure adequate emergency access is provided for all new hillside development.
Santa Clara County Fire;
Community
Development – Building
None Required Con.Not an action item.Reviewed in
conjunction with project review.
FIRE SAFETY Strategy HS -
3.3.1 Roadway Design Create an all–weather emergency road system to serve rural areas.
Public Works –
Development Services
and Capital
Improvement Program;
Santa Clara County Fire
General Fund Con.Not an action item. Reviewed in
conjunction with project review.
FIRE SAFETY Strategy HS -
3.3.2 Dead–End Street Access Allow public use of private roadways during an emergency for hillside subdivisions that have dead–end
public streets longer than 1,000 feet or find a secondary means of access.
Santa Clara County Fire;
Public Works –
Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
FIRE SAFETY Strategy HS -
3.3.3 Hillside Access Routes Require new hillside development to have frequent grade breaks in access routes to ensure a timely
response from fire personnel.
Santa Clara County Fire;
Public Works –
Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
FIRE SAFETY Strategy HS -
3.3.4 Hillside Road Upgrades Require new hillside development to upgrade existing access roads to meet Fire Code and City standards.
Santa Clara County Fire;
Public Works –
Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
FIRE SAFETY Policy HS - 3.4
Private Residential
Electronic Security
Gates
Discourage the use of private residential electronic security gates that act as a barrier to emergency
personnel.
Community
Development – Planning None Required Con.Not an action item. Implemented
through the Municipal Code.
FIRE SAFETY Strategy HS -
3.4.1 Location Require a fence exception for electronic security gates in certain areas.Community
Development – Planning None Required Con.Not an action item. Implemented
through the Municipal Code.
FIRE SAFETY Strategy HS -
3.4.2 Access to Gates Where electronic security gates are allowed, require the installation of an approved key switch to be
accessed by the Fire District.
Community
Development – Building;
Santa Clara County Fire
None Required Con.Not an action item. Implemented
through the Municipal Code.
FIRE SAFETY Policy HS - 3.5
Commercial and
Industrial Fire
Protection Guidelines
Coordinate with the Fire Department to develop new guidelines for fire protection for commercial and
industrial land uses.
Community
Development – Building General Fund Con.
Not an action item. Implemented
through the Municipal and Fire
Code.
FIRE SAFETY Policy HS - 3.6
Fire Prevention and
Emergency
Preparedness
Promote fire prevention and emergency preparedness through city–initiated public education programs,
the government television channel, the government television channel, the Internet, and the Cupertino
Scene.
City Manager –
Emergency Services General Fund Con.Not an action item. Ongoing
coordination/ education.
FIRE SAFETY Policy HS - 3.7 Multi–Story Buildings Ensure that adequate fire protection is built into the design of multi–story buildings and require on–site fire
suppression materials and equipment.
Santa Clara County Fire;
Community
Development – Building
General Fund Con.
Not an action item. Implemented
throught the Municipal and Fire
Codes.
FIRE SAFETY Policy HS - 3.8 Extension of Water
Service
Encourage the water companies to extend water service into the hillside and canyon areas and encourage
cooperation between water utility companies and the Fire Department in order to keep water systems in
pace with growth and firefighting service needs.
Santa Clara County Fire;
Community
Development – Building
General Fund Con.Not an action item. Reviewed in
conjunction with project review.
PUBLIC SAFETY Policy HS - 4.1 Neighborhood
Awareness Programs
Continue to support the Neighborhood Watch Program and other similar programs intended to help
neighborhoods prevent crime through social interaction.
City Manager – Public
Affairs General Fund Con.Not an action item.
PUBLIC SAFETY Policy HS - 4.2
Crime Prevention
Through Building and
Site Design
Consider appropriate design techniques to reduce crime and vandalism when designing public spaces and
reviewing development proposals.
Public Works – Capital
Improvement Program
and Park Improvement;
Community
Development – Planning
Capital
Improvement
Fund
Con.Not an action item. Reviewed in
conjunction with project review.
PUBLIC SAFETY Strategy HS -
4.2.1
Perimeter Roads for
Parks Encircle neighborhood parks with a public road to provide visual accessibility whenever possible.
Public Works – Capital
Improvement Program
and Park Improvement
Capital
Improvement
Fund
Con.Not an action item. Reviewed in
conjunction with project review.
PUBLIC SAFETY Strategy HS -
4.2.2 Development Review Continue to request County Sheriff review and comment on development applications for security and
public safety measures.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
PUBLIC SAFETY Policy HS - 4.3 Fiscal Impacts Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land use
mixes.
Community
Development – Planning
and City Manager –
Economic Development
None Required Con.Not an action item. Reviewed in
conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS Policy HS - 5.1 Seismic and Geologic
Review Process
Evaluate new development proposals within mapped potential hazard zones using a formal
seismic/geologic review process. Use Table HS - 3 of this Element to determine the level of review required.
Community
Development – Building
and Planning; Public
Works – Development
Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.1.1
Geotechnical and
Structural Analysis
Require any site with a slope exceeding 10% to reference the Landslide Hazard Potential Zone maps of the
State of California for all required geotechnical and structural analysis.
Community
Development – Building
and Planning; Public
Works – Development
Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.1.2 Residential Upgrades
Require that any residential facility, that is being increased more than 50% assessed value or physical size,
conform to all provisions of the current building code throughout the entire structure. Owners of residential
buildings with known structural defects, such as un–reinforced garage openings, “soft first story”
construction, unbolted foundations, or inadequate sheer walls are encouraged to take steps to remedy the
problem and bring their buildings up to the current building code.
Community
Development – Building
and Planning
None Required Con.Not an action item. Reviewed in
conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.1.3 Geologic Review Continue to implement and update geologic review procedures for Geologic Reports required by the
Municipal Code through the development review process.
Community
Development – Building
and Planning; Public
Works – Development
Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS Policy HS - 5.2 Public Education on
Seismic Safety
Reinforce the existing public education programs to help residents minimize hazards resulting from
earthquakes.
City Manager –
Emergency Services General Fund Con.Not an action item. Ongoing
coordination/ education.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.2.1
Covenant on Seismic
Risk
Require developers to record a covenant to tell future residents in high–risk areas about the risk and inform
them that more information is in City Hall records. This is in addition to the State requirement that
information on the geological report is recorded on the face of subdivision maps.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.2.2
Emergency
Preparedness
Publish and promote emergency preparedness activities and drills. Use the City social media, and the
website to provide safety tips that may include identifying and correcting household hazards, knowing how
and when to turn off utilities, helping family members protect themselves during and after an earthquake,
recommending neighborhood preparation activities, and advising residents to maintain an emergency
supply kit containing first–aid supplies, food, drinking water and battery operated radios and flashlights.
City Manager –
Emergency Services General Fund Con.Ongoing coordination/
education.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.2.3
Neighborhood
Response Groups
Encourage participation in CERT training. Train neighborhood groups to care for themselves during
disasters. Actively assist in neighborhood drills and safety exercises to increase participation and build
community support.
City Manager –
Emergency Services General Fund Con.Not an action item. Ongoing
coordination/ education.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.2.4 Dependent Populations
As part of community–wide efforts, actively cooperate with State agencies that oversee facilities for persons
with disabilities and those with access and functional needs, to ensure that such facilities conform to all
health and safety requirements, including emergency planning, training, exercises and employee education.
City Manager –
Emergency Services General Fund Con.Not an action item. Ongoing
coordination/ education.
GEOLOGIC AND
SEISMIC HAZARDS
Strategy HS -
5.2.5
Foreign Language
Emergency Information
Obtain translated emergency preparedness materials and make them available to appropriate foreign
language populations.
City Manager –
Emergency Services General Fund Con.Ongoing coordination/
education.
HAZARDOUS
MATERIALS Policy HS - 6.1 Hazardous Materials
Storage and Disposal
Require the proper storage and disposal of hazardous materials to prevent leakage, potential explosions,
fire or the release of harmful fumes. Maintain information channels to the residential and business
communities about the illegality and danger of dumping hazardous material and waste in the storm drain
system or in creeks.
Public Works –
Environmental
Programs; Santa Clara
County Fire
General Fund Con.
Not an action item. Reviewed in
conjunction with project review.
Ongoing coordination/
education.
HAZARDOUS
MATERIALS Policy HS - 6.2 Proximity of Residents
to Hazardous Materials
Assess future residents’ exposure to hazardous materials when new residential development or sensitive
populations are proposed in existing industrial and manufacturing areas. Do not allow residential
development or sensitive populations if such hazardous conditions cannot be mitigated to an acceptable
level of risk.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
HAZARDOUS
MATERIALS Policy HS - 6.3 Electromagnetic Fields
(EMF) Ensure that projects meet Federal and State standards for EMF emissions through development review.Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
HAZARDOUS
MATERIALS Policy HS - 6.4 Educational Programs
Continue to encourage residents and businesses to use non– and less– hazardous products, especially less
toxic pest control products, to slow the generation of new hazardous waste requiring disposal through the
county–wide program.
Public Works –
Environmental
Programs and Service
Center
General Fund Con.Not an action item. Ongoing
implementation.
HAZARDOUS
MATERIALS Policy HS - 6.5 Hazardous Waste
Disposals
Continue to support and facilitate, for residences and businesses, a convenient opportunity to properly
dispose of hazardous waste.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
implementation.
HAZARDOUS
MATERIALS
Strategy HS -
6.5.1
Partner on Hazardous
Waste Collection and
Disposal
Continue to explore efficient, economical and convenient ways to offer Household Hazardous Waste
collection for residents in partnership with the Solid Waste contractor or the County.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
implementation.
HAZARDOUS
MATERIALS
Strategy HS -
6.5.2 Educational Materials Publish educational materials about the program in the Cupertino Scene, City website, and brochures that
are distributed throughout the community.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination/ education.
FLOODING Policy HS - 7.1 Evacuation Map Prepare and update periodically an evacuation map for the flood hazard areas and distribute it to the
general public.
Public Works –
Development Services
and Service Center
General Fund Con.
Evacuation Map and Street
signage has been prepared and
installed. Ongoing evaluation is
occuring.
FLOODING Policy HS - 7.2 Emergency Response to
Dam Failure Ensure that Cupertino is prepared to respond to a potential dam failure.
City Manager –
Emergency Services;
Public Works
General Fund Con.Implemented through Strategies
HS-7.2.1 and HS-7.2.2
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
FLOODING Strategy HS -
7.2.1
Emergency and
Evacuation Plan
Maintain and update a Stevens Creek Dam Failure Plan, including alert, warning and notification systems
and appropriate signage.
City Manager –
Emergency Services General Fund -
Action completed. Adopted in
2012. Online at:
https://www.cupertino.org/home
/showdocument?id=7424
FLOODING Strategy HS -
7.2.2
Inter–agency
Cooperation
Continue to coordinate dam–related evacuation plans and alert/notification systems with the City of
Sunnyvale, the SCVWD and Santa Clara County to ensure that traffic management between the agencies
facilities life safety. Also work with other neighboring cities to enhance communication and coordination
during a dam–related emergency.
City Manager –
Emergency Services General Fund Con.Not an action item. Ongoing
coordination.
FLOODING Policy HS - 7.3
Existing
Non–Residential Uses
in the Flood Plain
Allow commercial and recreational uses that are now exclusively within the flood plan to remain in their
present use or to be used for agriculture, provided it does not conflict with Federal, State and regional
requirements.
Public Works –
Development Services;
Community
Development – Planning
None Required Con.Not an action item.
FLOODING Policy HS - 7.4 Construction in Flood
Plains
Continue to implement land use, zoning and building code regulations limiting new construction in the
already urbanized flood hazard areas recognized by the Federal Flood Insurance Administrator.
Community
Development – Planning General Fund Con.Not an action item.
FLOODING Strategy HS -
7.4.1
Dwellings in Flood
Plains
Discourage new residential development in regulated flood plains. Regulate all types of redevelopment in
natural flood plains. This includes discouraging fill materials and obstructions that may increase flood
potential or modify the natural riparian corridors.
Public Works –
Development Services None Required Con.
Not an action item. Information
provided to property owners/
applicants as needed.
FLOODING Strategy HS -
7.4.2
Description of Flood
Zone Regulation
Continue to maintain and update a map of potential flood hazard areas and a description of flood zone
regulations on the City’s website.
Public Works –
Development Services General Fund Con. Ongoing coordination/
education.
FLOODING Strategy HS -
7.4.3
National Flood
Insurance Program
Community Rating
System
Continue to participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS).Public Works –
Development Services General Fund Con.Ongoing coordination.
FLOODING Policy HS - 7.5 Hillside Grading
Restrict the extent and timing of hillside grading operations to April through October except as otherwise
allowed by the City. Require performance bonds during the remaining time to guarantee the repair of any
erosion damage. Require planting of graded slopes as soon as practical after grading is complete.
Public Works –
Development Services None Required Con.Not an action item. Implemented
through the Municipal Code.
FLOODING Policy HS - 7.6 Stability of Existing
Water Storage Facilities Assure the structural integrity of water storage facilities.Public Works – Capital
Improvement Program General Fund Con.Not an action item.
FLOODING Strategy HS -
7.6.1
Coordination with
other Agencies
Work closely with the San Jose Water Company and owners of other water storage facilities to develop and
implement a program to monitor the stability of all existing water storage facilities and related
improvements, such as: distribution lines, connections and other system components.
Public Works – Capital
Improvement Program General Fund Con.Not an action item. Ongoing
coordination.
NOISE Policy HS - 8.1 Land Use Decision
Evaluation
Use the Land Use Compatibility for Community Noise Environments chart, the Future Noise Contour Map
(see Figure D-1 in Appendix D) and the City Municipal Code to evaluate land use decisions.
Community
Development – Planning None Required Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
NOISE Policy HS - 8.2 Building and Site
Design Minimize noise impacts through appropriate building and site design.
Community
Development – Planning
and Building
None Required Con.Not an action item. Implemented
through the Municipal Code.
NOISE Strategy HS -
8.2.1
Commercial Delivery
Areas
Locate delivery areas for new commercial and industrial developments away from existing or planned
homes.
Community
Development – Planning
and Building
None Required Con.Not an action item. Reviewed in
conjunction with project review.
NOISE Strategy HS -
8.2.2
Noise Control
Techniques
Require analysis and implementation of techniques to control the effects of noise from industrial equipment
and processes for projects new low-intensity residential uses.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
NOISE Strategy HS -
8.2.3
Sound Wall
Requirements
Exercise discretion in requiring sound walls to be sure that all other measures of noise control have been
explored and that the sound wall blends with the neighborhood. Sound walls should be designed and
landscaped to fit into the environment.
Community
Development – Planning None Required Con.Not an action item. Reviewed in
conjunction with project review.
NOISE Policy HS - 8.3 Construction and
Maintenance Activities
Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the
day, during weekdays, weekends and holidays for construction activities. Require construction contractors
to use the best available technology to minimize excessive noise and vibration from construction equipment
such as pile drivers, jack hammers, and vibratory rollers.
Community
Development – Planning
and Building
General Fund Con.Not an action item. Implemented
through the Municipal Code.
NOISE Policy HS - 8.4 Freeway Design and
Neighborhood Noise
Ensure that roads and development along Highway 85 and Interstate 280 are designed and improved in a
way that minimizes neighborhood noise.
Public Works –
Transportation and
Development Services
Capital
Improvement
Fund; General
Fund
Con.Not an action item. Reviewed in
conjunction with project review.
NOISE Policy HS - 8.5 Neighborhoods Review residents’ needs for convenience and safety and prioritize them over the convenient movement of
commute or through traffic where practical.
Public Works –
Transportation
Capital
Improvement
Fund
Con.
Not an action item. Reviewed
with project review/ Capital
Improvement Program.
NOISE Policy HS - 8.6
Traffic Calming
Solutions to Traffic
Noise
Evaluate solutions to discourage through traffic in neighborhoods through enhanced paving and modified
street design.
Public Works –
Transportation
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
NOISE Strategy HS -
8.6.1 Local Improvement Modify street design to minimize noise impact to neighbors.Public Works –
Transportation
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
NOISE Policy HS - 8.7
Reduction of Noise
from Trucking
Operations
Work to carry out noise mitigation measures to diminish noise along Foothill and Stevens Creek
Boulevards from the quarry and cement plant trucking operations. These measures include regulation of
truck speed, the volume of truck activity, and trucking activity hours to avoid late evening and early
morning. Alternatives to truck transport, specifically rail, are strongly encouraged when feasible.
Public Works –
Transportation General Fund Con.Not an action item. Ongoing
coordination/ implementation.
NOISE Strategy HS -
8.7.1
Restrictions in the
County’s Use Permit
Coordinate with the County to restrict the noise of trucks, their speed and noise levels along Foothill and
Stevens Creek Boulevards, to the extent allowed in the Use Permit. Ensure that restrictions are monitored
and enforced by the County.
Public Works –
Transportation General Fund Con.Not an action item. Ongoing
coordination/ implementation.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
NOISE Strategy HS -
8.7.2
Road Improvements to
Reduce Truck Impacts
Consider road improvements such as medians, landscaping, noise attenuating asphalt, and other methods
to reduce quarry truck impacts.
Public Works –
Transportation General Fund Con.Not an action item. Ongoing
coordination/ implementation.
CITYWIDE
INFRASTRUCTURE Policy INF - 1.1 Infrastructure Planning Upgrade and enhance the City’s infrastructure through the City’s Capital Improvement Program (CIP) and
requirements for development.
Public Works – Capital
Improvement Program General Fund Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
CITYWIDE
INFRASTRUCTURE
Strategy INF -
1.1.1
Capital Improvement
Program Ensure that CIP projects reflect the goals and policies identified in Community Vision 2040.Public Works – Capital
Improvement Program General Fund Con.Not an action item.
CITYWIDE
INFRASTRUCTURE
Strategy INF -
1.1.2 Design Capacity
Ensure that public infrastructure is designed to meet planned needs and to avoid the need for future
upsizing. Maintain a balance between meeting future growth needs and over–sizing of infrastructure to
avoid fiscal impacts or impacts to other goals.
Public Works – Capital
Improvement Program,
Development Services
and Transportation
General Fund,
Grants Con.Not an action item. Ongoing
coordination/ implementation.
CITYWIDE
INFRASTRUCTURE
Strategy INF -
1.1.3 Coordination
Require coordination of construction activity between various providers, particularly in City facilities and
rights–of–way, to ensure that the community is not unnecessarily inconvenienced. Require that providers
maintain adequate space for all utilities when planning and constructing their infrastructure.
Public Works –
Development Services
General Fund,
Grants Con.Not an action item. Ongoing
coordination.
CITYWIDE
INFRASTRUCTURE Policy INF - 1.2 Maintenance Ensure that existing facilities are maintained to meet the commuity’s needs.Public Works – Service
Center
General Fund,
Grants Con.
Not an action item. Implemented
through the Capital
Improvement Program,
Engineering and maintenance
activities.
CITYWIDE
INFRASTRUCTURE Policy INF - 1.3 Coordination Coordinate with utility and service providers to ensure that their planning and operations meet the City’s
service standards and future growth.
Public Works –
Development Services None Required Con.Not an action item. Ongoing
coordination
CITYWIDE
INFRASTRUCTURE Policy INF - 1.4 Funding Explore various strategies and opportunities to fund existing and future infrastructure needs.
Public Works –
Transportation and
Capital Improvement
Program
General Fund Con.
Not an action item. Implemented
through the Capital
Improvement Program.
CITYWIDE
INFRASTRUCTURE
Strategy INF -
1.4.1 Existing Infrastructure Require developers to expand or upgrade existing infrastructure to increase capacity, or pay their fair share,
as appropriate.
Public Works –
Transportation and
Development Services
None Required Con.Not an action item. Reviewed in
conjunction with project review.
CITYWIDE
INFRASTRUCTURE
Strategy INF -
1.4.2
Future Infrastructure
Needs
For new infrastructure, require new development to pay its fair share of, or to extend or construct,
improvements to accommodate growth without impacting service levels.
Public Works –
Development Services,
Transportation and
Capital Improvement
Program
None Required Con.
Not an action item. Implemented
in conjunction with project
review.
CITYWIDE
INFRASTRUCTURE
Strategy INF -
1.4.3 Economic Development Prioritize funding of infrastructure to stimulate economic development and job creation in order to increase
opportunities for municipal revenue.
Public Works –
Transportation and
Capital Improvement
Program
General Fund;
Capital
Improvement
Fund
Con.
Not an action item. Implemented
through the Capital
Improvement Program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
RIGHTS–OF–WAY Policy INF - 2.1 Maintenance Maintain the City’s rights–of–way and traffic operations systems.
Public Works –
Transportation and
Capital Improvement
Program
General Fund;
Grants Con.Not an action item.
RIGHTS–OF–WAY Policy INF - 2.2 Multi–modal Systems Ensure that City rights–of–way are planned for a variety of transportation alternatives including
pedestrian, bicycle, automobile, as well as new technologies such as driverless cars, etc.
Public Works –
Transportation, Service
Center and Capital
Improvement Program
General Fund;
Grants Con.
Not an action item. Implemented
through the Capital
Improvement Program and
Bike/Ped Master plans.
RIGHTS–OF–WAY Policy INF - 2.3 Green Streets Explore the development of a “green streets” program to minimize stormwater runoff in City
rights–of–way.
Public Works –
Transportation,
Environmental
Programs and Capital
Improvement Program
General Fund;
Grants LR
Attempts have been made to
identify a "green streets" project
through the Capital
Improvement Program.
Ongoing.
RIGHTS–OF–WAY Policy INF - 2.4 Undergrounding
Utilities
Explore undergrounding of utilities through providers, public projects, private development and agency
funding programs and grants.
Public Works –
Development Services
General Fund;
Grants LR
Not an action item.
Implemeneted through the
Capital Improvement Program.
RIGHTS–OF–WAY Strategy INF -
2.4.1
Public and Provider
Generated Projects
Require undergrounding of all new infrastructure projects constructed by public agencies and providers.
Work with providers to underground existing overhead lines.
Public Works –
Development Services
General Fund;
Grants Con Not an action item. Ongoing
coordination.
RIGHTS–OF–WAY Strategy INF -
2.4.2 Development Require undergrounding of all utility lines in new developments and highly encourage undergrounding in
remodels or redevelopment of major projects.
Public Works –
Development Services
General Fund;
Grants Con.Not an action item. Reviewed in
conjunction with project review.
RIGHTS–OF–WAY Policy INF - 2.5 Recycled Water
Infrastructure Plan for citywide access to recycled water and encourage its use.Public Works –
Development Services General Fund LR
Attempts have been made to
require development projects to
route recycled water to Stevens
Creek Blvd. If not successful,
could be reviewed in conjunction
with the Capital Improvement
Program.
RIGHTS–OF–WAY Strategy INF -
2.5.1 Availability Expand the availability of a recycled water system through public infrastructure projects and development
review.
Public Works –
Development Services
and Capital
Improvement Program,
Capital
Improvement
Fund
LR
Attempts have been made to
require development projects to
route recycled water to Stevens
Creek Blvd. If not successful,
could be reviewed in conjunction
with the Capital Improvement
Program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
RIGHTS–OF–WAY Strategy INF -
2.5.2 Use Encourage private and public projects to incorporate the use of recycled water for landscaping and other
uses.
Public Works –
Development Services
and Capital
Improvement Program
Capital
Improvement
Fund (partial)
LR
Attempts have been made to
required development projects to
route recycled water to Stevens
Creek Blvd and also to require
dual plumbing to allow use of
recycled water.
RIGHTS–OF–WAY Strategy INF -
2.5.3 City Facilities Design and retrofit City buildings, facilities and landscaping to use recycled water, to the extent feasible.
Public Works – Capital
Improvement Program
and Service Center
Capital
Improvement
Fund
LR
Not an action item. When
recycled water services are
available, coordination will
occur.
WATER Policy INF - 3.1 Coordination with
Providers
Coordinate with water providers and agencies in their planning and infrastructure process to ensure that
the City continues to have adequate supply for current needs and future growth.
Public Works –
Environmental
Programs and
Development Services
General Fund Con.Not an action item. Ongoing
coordination.
WATER Strategy INF -
3.1.1 Maintenance Coordinate with providers to ensure that water and recycled water delivery systems are maintained in
good condition.
Public Works –
Environmental
Programs and
Development Services
General Fund Con.Not an action item. Ongoing
coordination.
WATER Policy INF - 3.2 Regional Coordination
Coordinate with State and regional agencies to ensure that policies and programs related to water provision
and conservation meet City goals. Note: additional water conservation policies are discussed in detail in the
Environmental Resources and Sustainability Element.
Public Works –
Environmental
Programs; City Manager
– Sustainability
General Fund Con.Not an action item. Ongoing
coordination.
STORMWATER Policy INF - 4.1 Planning and
Management Create plans and operational policies to develop and maintain an effective and efficient stormwater system.
Public Works – Sevice
Center and
Environmental
Programs
General Fund Con.Not an action item. Ongoing
maintenance and planning.
STORMWATER Strategy INF -
4.1.1 Management Reduce the demand on storm drain capacity through implementation of programs that meet and even
exceed on–site drainage requirements.
Public Works –
Development Services
and Environmental
Programs
General Fund Con.
Not an action item. Implemented
in conjunction with project
review.
STORMWATER Strategy INF -
4.1.2 Infrastructure Develop a Capital Improvement Program (CIP) for the City’s storm drain infrastructure that meets the
current and future needs of the community.
Public Works – Capital
Improvement Program
Capital
Improvement
Fund
IM/LR
Council adopted an updated
Storm Drain Master Plan in Jan.
2019. Projects consistent with the
Master Plan will be identified for
the Council's consideration for
inclusion in the CIP in upcoming
years.
STORMWATER Strategy INF -
4.1.3 Maintenance Ensure that City’s storm drain infrastructure is appropriately maintained to reduce flood hazards through
implementation of best practices.
Public Works – Service
Center
Capital
Improvement
Fund
Not an action item. Ongoing
maintenance .
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
STORMWATER Policy INF - 4.2 Funding Develop permanent sources of funding stormwater infrastructure construction and maintenance.
Public Works –
Environmental
Programs
General Fund
Action Completed. Storm Drain
Funding acquired through ballot
measure.
STORMWATER Strategy INF -
4.2.1 Ongoing Operations
Review other funding strategies to pay for the ongoing operations and maintenance of the storm drain
system per State and regional requirements. Note: additional policies that meet State and regional runoff
reduction are described in the Environmental Resources and Sustainability Element.
Public Works –
Environmental
Programs
Capital
Improvement
Fund
Not an action item. Ongoing
coordination.
WASTEWATER Policy INF - 5.1 Infrastructure Ensure that the infrastructure plans for Cupertino’s waste water system providers continue to meet the
City’s current and future needs.
Public Works –
Development Services General Fund Not an action item. Ongoing
coordination.
WASTEWATER Strategy INF -
5.1.1 Coordination
Coordination with the Cupertino Sanitary District on their Master Plan and the Sunnyvale Treatment Plant
to develop a comprehensive capital improvement program to ensure adequate capacity for future
development anticipated with General Plan buildout.
Public Works –
Development Services General Fund Con.Not an action item. Ongoing
coordination.
WASTEWATER Strategy INF -
5.1.2 Development Require developers to pay their fair share of costs for, or in some cases construct, infrastructure upgrades to
ensure that service levels are met.
Public Works –
Development Services -Con.
Not an action item. Implemented
in conjunction with project
review.
WASTEWATER Policy INF - 5.2 Demand Look for ways to reduce demand on the City’s wastewater system through implementation of water
conservation measures.
Public Works –
Development Services General Fund Con.Not an action item. Ongoing
coordination.
TELE-
COMMUNICATIONS Policy INF - 6.1 Telecommunications
Master Plan
Maintain and update a Telecommunications Master Plan with regulations and guidelines for wireless and
emerging technologies.
Information Services;
Public Works –
Development Services;
Community
Development –
Planning;
General Fund Wireless and Fiber Optic Master
Plan is being prepared.
TELE-
COMMUNICATIONS Policy INF - 6.2 Coordination Coordinate with providers to improve access and delivery of services to businesses and homes.
Information Services;
Public Works –
Development Services;
Community
Development – Planning
General Fund Con.Not an action item. Ongoing
coordination.
TELE-
COMMUNICATIONS
Strategy INF -
6.2.1 Facility Upgrades
When possible, require service providers to upgrade existing facilities as part of permit or lease renewals.
Encourage use of newer technologies that allow the facility components to be reduced in size or improve
screening or camouflaging.
Public Works –
Development Services;
Community
Development – Planning
General Fund Con.Not an action item. Ongoing
coordination.
TELE-
COMMUNICATIONS
Strategy INF -
6.2.2 Improved Access Work with providers to expand service to areas that are not served by telecommunications technologies.
Information Services –
Communications; Public
Works – Development
Services;
General Fund Con.Not an action item. Ongoing
coordination.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
TELE-
COMMUNICATIONS
Strategy INF -
6.2.3 City Facilities Encourage leasing of City sites to expand access to telecommunications services. Develop standards for the
incorporation of telecommunications systems and public use.
Information Services;
Public Works –
Development Services
General Fund Con.Not an action item. Ongoing
coordination.
TELE-
COMMUNICATIONS
Strategy INF -
6.2.4
Agency and Private
Facilities
Encourage the installation of communications infrastructure in facilities owned by other public agencies
and private development.
Public Works –
Development Services General Fund Con.
Not an action item. Ongoing
coordination.
Telecommunications facilities
proposed for the Sports Center
were requested by Council to be
relocated.
TELE-
COMMUNICATIONS
Strategy INF -
6.2.5
Communications
Infrastructure Support the extension and access to telecommunications infrastructure such as fiber optic cables.Public Works –
Development Services General Fund LR Wireless and Fiber Optic Master
Plan is being prepared.
TELE-
COMMUNICATIONS Policy INF - 6.3 Emerging Technologies Encourage new and innovative technologies and partner with providers to provide the community with
accesss to these services.Information Services General Fund LR
The Information Services team
has implemented several
technologies in the City since
adoption of the 2015 General
Plan including the following:
TELE-
COMMUNICATIONS
Strategy INF -
6.3.1
Strategic Technology
Plan Create and update a Strategic Technology Plan for the City to improve service efficiency.Information Services –
Information Technology General Fund
SOLID WASTE Policy INF - 7.1 Providers Coordinate with solid waste system providers to utilize the latest technology and best practices to
encourage waste reduction and meet, and even, exceed State targets.
Public Works –
Environmental
Programs
General Fund Con.Ongoing coordination
SOLID WASTE Policy INF - 7.2 Facilities Ensure that public and private developments build new and on–site facilities and/or retrofit existing on–site
facilities to meet the City’s waste diversion requirements.
Public Works –
Environmental
Programs
General Fund Con.
Not an action item. Implemented
in conjunction with project
review.
SOLID WASTE Policy INF - 7.3 Operations Encourage public agencies and private property owners to design their operations to exceed regulatory
waste diversion requirements.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
SOLID WASTE Strategy INF -
7.3.1
City Facilities and
Events
Design new City facilities and retrofit existing facilities and event venues with recycling and trash
collection bins to facilitate easy disposal of recyclable and compostable waste by staff and the public.
Public Works –
Environmental
Programs and Capital
Improvement Program
General Fund Con.
Not an action item. Implemented
in conjunction with project
review.
SOLID WASTE Policy INF - 7.4 Product Stewardship Per the City’s Extended Producer Responsibility (EPR) policy, support statewide and regional EPR
initiatives and legislation to reduce waste and toxins in products, processes and packaging.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
REDUCE, REUSE AND
RECYCLE Policy INF - 8.1 Reducing Waste Meet or exceed Federal, State and regional requirements for solid waste diversion through implementation
of programs.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
REDUCE, REUSE AND
RECYCLE
Strategy INF -
8.1.1 Outreach Conduct and enhance programs that promote waste reduction through partnerships with schools,
institutions, businesses and homes.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
REDUCE, REUSE AND
RECYCLE
Strategy INF -
8.1.2 Hazardous Waste Work with providers and businesses to provide convenient hazardous and e–waste facilities for the
community.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
REDUCE, REUSE AND
RECYCLE
Strategy INF -
8.1.3 Preferential Purchasing Maintain and update a City preferential purchasing policy to products that reduce packaging waste,
greenhouse gas emissions, toxic contaminants and are reusable.
Public Works –
Environmental
Programs and City
Manager – Sustainability
General Fund Con.Not an action item. Ongoing
coordination.
REDUCE, REUSE AND
RECYCLE
Strategy INF -
8.1.4 Reuse
Encourage reuse of materials and reusable products. Develop a program for reuse of materials and reusable
products in City facilities and outreach programs for community–wide participation by promoting
community–wide garage sales and online venues.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
REDUCE, REUSE AND
RECYCLE
Strategy INF -
8.1.5 Collaboration Collaborate with agencies and large businesses or projects to enhance opportunities for community–wide
recycling, reuse and reduction programs.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
REDUCE, REUSE AND
RECYCLE
Strategy INF -
8.1.6 Construction Waste Encourage recycling and reuse of building materials during demolition and construction of City, agency
and private projects.
Public Works –
Environmental
Programs
General Fund Con.Not an action item. Ongoing
coordination.
REDUCE, REUSE AND
RECYCLE
Strategy INF -
8.1.7 Recycled Materials Encourage the use of recycled materials and sustainably harvested materials in City, agency and private
projects.
Public Works –
Environmental
Programs and Capital
Improvement Program
General Fund Con.
Not an action item. Implemented
in conjunction with project
review.
PARKS AND OPEN
SPACE Policy RPC - 1.1 Parks and Recreation
Master Plan
Prepare a citywide Parks and Recreation Master Plan that outlines policies and strategies to plan for the
communities open space and recreational needs.
Recreation and
Community Services –
Business Services; Public
Works – Park
Improvement
General Fund IM Underway
PARKS AND OPEN
SPACE
Strategy RPC -
1.1.1
Stevens Creek Corridor
Master Plan
Prepare a master plan for the park and open space corridor along Stevens Creek including McClellan
Ranch, McClellan Ranch West, Blackberry Farm, the Blackberry Farm golf course, Stocklmeir and Blesch
properties and the Nathan Hall Tank House area.
Recreation and
Community Services –
Business Services; Public
Works – Park
Improvement
General Fund LR Anticipated to begin in 2020
PARKS AND OPEN
SPACE
Strategy RPC -
1.1.2
Civic Center Master
Plan
Prepare a master plan that addresses the needs of the elements in the Civic Center area including City Hall,
Community Hall, Library Field, Library programming, function and meeting space and community
gathering space and parking needs.
Public Works – Capital
Improvement Program
and Park Improvement
General Fund IM/LR
Civic Center Master Plan
provides guidance on capital
projects in this node. Library
expansion currently anticipated.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
PARKS AND OPEN
SPACE Policy RPC - 1.2 Parkland Standards Continue to implement a parkland acquisition and implementation program that provides a minimum of
three acres per 1,000 residents.
Public Works –
Development Services
General Fund;
Developer Fees Con.Not an action item.
PARKS AND OPEN
SPACE
Strategy INF -
1.2.1 Park Size
Require target for parks based on function and activity supported as part of the Parks and Recreation
Master Plan. While the preferred size for most neighborhood parks is about 3.5 acres for flexibility of use,
smaller size parks may be considered based on opportunities and circumstances.
Recreation and
Community Services –
Business Services; Public
Works – Park
Improvement
General Fund Con.Not an action item.
PARKS AND OPEN
SPACE
Strategy INF -
1.2.2
Amend Parkland
Standard
Explore increasing the parkland standard to five acres per 1,000 residents as part of the citywide Parks and
Recreation Master Plan.
Public Works – Park
Improvement General Fund No action has been taken with
regard to this strategy.
PARKS AND OPEN
SPACE Policy RPC - 1.3 Capital Improvement
Program (CIP)
Ensure that CIP projects reflect the goals and policies identified in the Community Vision 2040, establishing
a criteria for ranking CIP proposals for the highest and best selection of community projects.
Public Works – Capital
Improvement Program General Fund Con.Not an action item.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Policy 2.1 Parkland Acquisition
The City’s parkland acquisition strategy should be based upon three broad objectives:
*Distributing parks equitably throughout the City;
*Connecting and providing access by providing paths, improved pedestrian and bike connectivity and
signage; and
*Obtaining creek lands and restoring creek and other natural open space areas, including strips of land
adjacent to creeks that may be utilized in creating buffer areas, trails and trail amenities.
Public Works – Park
Improvement, Capital
Improvement Program
and Development
Services
General Fund;
Developer Fees Con.Not an action item.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.1.1 Dedication of Parkland New developments, in areas where parkland deficiencies have been identified, should be required to
dedicate parkland rather than paying in–lieu fees.
Public Works –
Development Services General Fund Con.Not an action item. Reviewed in
conjunction with project review.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.1.2
Public Use of School
Sites
Zone all public school sites for public use to allow for the public to use sites, when not in use by schools,
through shared arrangements.
Public Works – Service
Center General Fund Con.
Most school sites have joint use
agreements in place to allow use
of open spaces. The City looks
for additional agreements as the
opportunities arise.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.1.3
Acquisition of Surplus
Properties
Explore acquisition of surplus school and agency properties for parkland. Take advantage of the Naylor Act
to purchase surplus school sites.
Public Works –
Development Services
and Park Improvement
General Fund Con.Not an action item.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Policy RPC - 2.2 Private Open Space and
Recreation Facilities
Encourage the continued existence and profitability of private open space and recreation facilities through
incentives and development controls.
Community
Development – Planning General Fund Con.Implemented through Strategies
RPC-2.2.1 and RPC 2.2.2
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.2.1 Existing Facilities Encourage the continued existence of private recreational facilities through land use zoning and incentives.Community
Development – Planning General Fund Con.
Not an action item. Existing
zoning allows private
recreational facilities to be a
conforming use.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.2.2 New Facilities
*Require major developments to incorporate private open space and recreational facilities, and seek their
cooperation in making the spaces publicly accessible.
*Where feasible, ensure park space is publicly accessible (as opposed to private space).
*Encourage active areas to serve community needs. However, a combination of active and passive areas can
be provided based on the setting.
*Integrate park facilities into the surroundings.
*If public parkland is not dedicated, require park fees based on a formula that considers the extent to which
the publicly–accessible facilities meet community need.
Community
Development –
Planning; Public Works
– Development Services
Con.Not an action item. Implemented
through the Municipal Code.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Policy RPC -2.3 Parkland Distribution
Strive for an equitable distribution of parks and recreational facilities through the City. Park acquisition
should be based on the following priority list. Accessibility to parks should be a component of the
acquisition plan.
High Priority: Parks in neighborhoods or areas that have few or no park and recreational areas.
Medium Priority: Parks in neighborhoods that have other agency facilities such school fields and districts
facilities, but no City parks.
Low Priority: Neighborhoods and areas that have park and recreational areas which may be slightly less
than the adopted City’s parkland standard.
Private Development: Consider pocket parks in new and renovated projects to provide opportunities for
publicly–accessible park areas.
Public Works –
Development Services
and Capital
Improvement Program
General Fund,
Capital
Improvement
Fund
Con.Not an action item. Reviewed in
conjunction with project review.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Policy RPC - 2.4 Connectivity and
Access
Ensure that each home is within a half–mile walk of a neighborhood park or community park with
neighborhood facilites; ensure that walking and biking routes are reasonably free of physical barriers,
including streets with heavy traffic; provide pedestrian links between parks, wherever possible; and provide
adequate directional and site signage to identify public parks.
Public Works –
Development Services,
Transportation and
Capital Improvement
Program; Community
Development – Planning
General Fund,
Capital
Improvement
Fund
Con.
Not an action iem. Reviewed in
conjunction with project review
to the extent allowed by State
law.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.4.1
Pedestrian and Bicycle
Planning
Implement recommendations in the Bicycle and Pedestrian Plans to link employment and special areas, and
neighborhood to services including parks, schools and neighborhood shopping.
Public Works –
Transportation and
Capital Improvement
Program
General Fund;
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.4.2 Signage Adopt and maintain a master signage plan for all public parks to ensure adequate and consistent signage is
provided to identify public recreational areas.
Public Works – Capital
Improvement Program
General Fund;
Capital
Improvement
Fund
Con.Not an action item. Ongoing
coordination.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Policy RPC - 2.5 Range of Park Activities Provide parks and recreational facilities for a variety of recreational activities.
Public Works – Park
Improvement;
Recreation and
Community Services –
Business Services
General Fund Con.Not an action item. Ongoing
coordination and planning.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.5.1 Special Needs Extend recreational opportunities for special needs groups (senior, disabled, visually–challenged, etc.) by
making improvements to existing facilities and trails.
Recreation and
Community Services –
Business Services; Public
Works – Park
Improvement
General Fund,
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.5.2 Recreational Facilities Explore the possibility of providing additional access to existing facilities such as gymnasiums, swimming
pools and tennis courts.
Recreation and
Community Services –
Business Services
General Fund
The City is considering the
possibility of adding the Rancho
Rinconada Recreation District
facilities into its portfolio. To be
considered by the Council in
2019/2020.
ACQUISITION,
DISTRIBUTION AND
RANGE OF SERVICES
Strategy RPC -
2.5.3 Community Gardens Encourage community gardens, which provide a more livable environment by controlling physical factors
such as temperature, noise and pollution.
Recreation and
Community Services –
Outdoor Recreation &
Youth Development;
Public Works – Park
Improvement
General Fund Con.
Not an action item. Capital
Improvement Program has a
project to provide Community
Gardens at McClellan Ranch and
is looking at other opportunities
elsewhere in the City.
PRESERVATION Policy RPC - 3.1 Preservation of Natural
Areas
Design parks to utilize natural features and the topography of the site in order to protect natural features
and keep maintenance costs low.
Public Works – Parks
Improvement and
Capital Improvement
Program
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
PRESERVATION Strategy RPC -
3.1.1 Native Planting Maximize the use of native plants and drought–tolerant planting.
Public Work – Capital
Improvement Program,
Service Center and Park
Improvement
General Fund Con.
Not an action item. Reviewed in
conjunction with project
review/Capital Improvement
Program and ongoing
maintenance activities.
PRESERVATION Strategy RPC -
3.1.2 Natural Habitat Where possible, restore and provide access to creeks and riparian habitat.
Public Work – Capital
Improvement Program,
Service Center and Park
Improvement
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
PRESERVATION Strategy RPC -
3.1.3 Nature Play Areas Where appropriate, consider establishing Nature Play Areas in lieu of the more conventional play
equipment.
Public Works – Park
Improvement
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
INTEGRATION Policy RPC - 4.1 Recreational Intensity Design parks appropriate to address the facility and recreational programming required by each special
area and neighborhood based on current and future plans for the areas.
Public Works – Capital
Improvement Program General Fund Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
INTEGRATION Policy RPC - 4.2 Park Safety Design parks to enhance public safety by providing visibility to the street and access for public safety
responders.
Public Works – Capital
Improvement Program General Fund Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
TRAILS Policy RPC - 5.1 Open Space and Trail
Linkages
Dedicate or acquire open space land along creeks and utility through regional cooperation, grants and
private development review.
Public Works –
Development Services
and Capital
Improvement Program;
Community
Development – Planning
General
Fund/Grants Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
TRAILS Strategy RPC -
5.1.1
Pedestrian and Bike
Planning
Implement recommendations in the Bicycle and Pedestrian Plan that link trails and open space to
neighborhoods and special areas.
Public Works –
Transportation
Capital
Improvement
Fund/Grants
Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
TRAILS Strategy RPC -
5.1.2 Trail Projects
Implement trail projects described in this Element; evaluate any safety, security and privacy impacts and
mitigations associated with trail development; and work with affected neighbors in locating trails to ensure
that their concerns are appropriately addressed.
Public Works –
Transportation and
Capital Improvement
Program
Capital
Improvement
Fund/Grants
Con.
Not an action item. Implemented
through the Bike/Ped Master
Plan. E.g. Regnart Creek Trail.
TRAILS Strategy RPC -
5.1.3
Dedicated Trail
Easements
Require dedication or easements for trails, as well as their implementation, as part of the development
review process, where appropriate.
Public Works –
Development Services
and Transportation
General Fund;
Developer fees Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
TRAILS Strategy RPC -
5.1.4 Joint Use Agreement Establish a Joint Use Agreement with the SCVWD that enhances the implementation of a trail program
which increases the use of, and sets standards and measures for, creek trails.
Public Works – Capital
Improvement Program
and Transportation
General Fund Con.Established on an as-needed
basis. E.g. Regnart Creek Trail.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
TRAILS Policy RPC - 5.2 Pedestrian and Bicycle
Paths
Develop a citywide network of pedestrian and bicycle pathways to connect employment center, shopping
areas and neighborhoods to services including parks, schools, libraries and neighborhood centers.
Public Works –
Transportation and
Capital Improvement
Program
Capital
Improvement
Fund/Grants
Con.
Not an action item. Implmented
through the Bike/Ped Master
Plans.
RECREATION
PROGRAMS AND
SERVICES
Policy RPC - 6.1 Diverse Programs Ensure that the City continues to offer a wide range of programs to serve diverse populations of all ages
and abilities.
Recreation and
Community Services –
Business Services
General Fund Con.Not an action item.
RECREATION
PROGRAMS AND
SERVICES
Policy RPC - 6.2 Partnerships
Enhance the City’s recreational programs and library service through partnerships with other agencies and
non–profit organizations. Maintain and strengthen existing agreements with agencies and non–profit
organizations, including the Library District, to ensure progressive excellence in the facilities, programs, and
services provided to the diverse and growing Cupertino population.
Recreation and
Community Services –
Business Services; City
Manager
General Fund Con.Not an action item.
RECREATION
PROGRAMS AND
SERVICES
Policy RPC - 6.3 Art and Culture Utilize parks as locations of art and culture and to educate the community about the City’s history, and
explore the potential to use art in facilities and utilities when located in parks.
Public Works – Capital
Improvement Program
and Development
Services; Recreation and
Community Services –
Business Services
General Fund Con.
Not an action item. Reviewed in
conjunction with project review/
Capital Improvement Program.
RECREATION
PROGRAMS AND
SERVICES
Policy RPC - 6.4 Library Service Encourage the library to continue to improve service levels by incorporating new technology and
expanding the library collections and services. City Manager General Fund Con.Not an action item. Ongoing
coordination.
SUSTAINABLE AND
FLEXIBLE Policy RPC - 7.1 Sustainable Design Ensure that City facilities are sustainably designed to minimize impacts on the environment.Public Works – Capital
Improvement Program
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with Capital
Improvement Program.
SUSTAINABLE AND
FLEXIBLE Policy RPC - 7.2 Flexibility Design facilities to be flexible to address changing community needs.Public Works – Capital
Improvement Program
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with Capital
Improvement Program.
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Topic Policy/
Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible
Department(s)
Funding
Source(s)
Time
Frame Comment
SUSTAINABLE AND
FLEXIBLE Policy RPC - 7.3 Maintenance Design facilities to reduce maintenance, and ensure that facilities are maintained and upgraded adequately.Public Works – Capital
Improvement Program
Capital
Improvement
Fund
Con.
Not an action item. Reviewed in
conjunction with Capital
Improvement Program.
COMMUNITY
SERVICES Policy RPC - 8.1 School Districts Partner with school districts to allow community use of their sports fields and facilities.
Public Works – Service
Center; Recreation and
Community Services –
Business Services
General Fund Con.Not an action item. Ongoing
coordination.
COMMUNITY
SERVICES
Strategy RPC -
8.1.1 Shared Facilities Maintain and enhance arrangements with schools for the use of sports fields, theaters, meeting spaces and
other facilities through maintenance agreements and other partnerships.
Recreation and
Community Services –
Business Services; Public
Works – Service Center
General Fund Con.Not an action item. Ongoing
coordination.
COMMUNITY
SERVICES
Strategy RPC -
8.1.2 School Expansion Encourage schools to meet their expansion needs without reducing the size of their sports fields.
Public Works – Service
Center; Recreation and
Community Services –
Business Services
General Fund Con.Not an action item. Ongoing
coordination.
COMMUNITY
SERVICES
Strategy RPC -
8.1.3 School Facility Needs Collaborate with schools on their facility needs through sharing of development information and
partnerships through major development projects.
Community
Development –
Planning; City Manager
General Fund Con.Not an action item. Ongoing
coordination.
y
Ongoing = Grey, Completed = Green, In-Progress = Yellow , Pending = Orange Timeframe: Immediate (2019-2022) = IM, Long Range (2022-2040) = LR, Continual = Con
Planning Commission Comments on General Plan Amendments (as of Jan. 14, 2020):
1. Strategy LU 1.3.1 – Define retail and define “substantial” in Strategy LU-1.3.1. Consider
restricting educational uses in retail areas.
2. Policy LU 1.6 – Jobs to Housing balance – Consider establishing a jobs to housing ratio for
Cupertino.
3. Strategy LU 3.3.2 – “ensure the interrelationships of new and old developments complement
each other” - add objective standards to implement this.
4. Strategy LU 3.3.3 – “building should be designed to avoid abrupt transitions with existing
development” – add objective standards to implement this.
5. Strategy LU 3.3.6 – promote high quality architecture, visual interest – define this by adding
setbacks and specifying changes in materials.
6. Strategy LU 3.3.11 – allow construction of multi-story buildings provided that the surrounding
buildings will not suffer from privacy intrusion – add objective standards to implement
mitigation of privacy intrusion
7. Policy LU 4.2 – develop uniform planting plans consistent with vision for planning area –
Consider changing language to strike the word “uniform”. Consider changing the word “formal”
to “varied”. Modernize landscape plan for more native and naturalistic. Integrate and
implement pollinator pathways (as discussed in the Parks and Recreation Master Plan). Amend
the Heart of the City Specific Plan to conform to this.
8. Policy LU – 5.1 neighborhood centers – Recommend preserving existing shopping centers/retail
even in new developments.
9. Policy LU 8.2 – Prioritize developing ways to generate city revenue and retain retail space.
10. Strategy LU 8.3.4 – Consider including a Costco at the Vallco Shopping District.
11. Policy LU 11.2 – “allow land uses not traditionally considered to be part of college to be built
at De Anza” – Determine whether the City has land use authority over community colleges. How
would the City’s RHNA be impacted if De Anza College were to develop housing on the site?
12. Strategy LU 13.7.4 – traffic calming – Improve Traffic signal sync, bike lanes. Request that red
light cameras be implemented to ensure compliance. Request that this be sent to the Traffic
Division.
13. Policy LU 14.1 – West Stevens Creek Area – Reiterated recommendation to add a 1:1 slope line
on Avenues (major collectors) which include Bubb Rd, N. Stelling Road, Stevens Creek Boulevard
west of Highway 85, N. Foothill Boulevard, Bollinger Road, Miller Avenue, and N. Tantau Avenue.
14. Policy LU-27.1 – Neighborhoods – Add objective standards to ensure protection of
neighborhoods from pending state legislation (e.g. SB 50)
15. Policy LU-27.9 – Amenities and Services – Define equitable for clarity since currently it is very
vague. Take advantage of opportunities as they arise
16. Policy LU-30.1 – Fairgrove Neighborhood – Verify whether design guidelines can be applied to
streamlined projects allowed by pending state legislation (e.g. SB 50).
Planning Commission Comments on Other Items (as of Jan. 14, 2020):
1. Conduct a Study Session regarding Density Bonus law to understand the implementation of
incentives/concessions and waivers.
2. Develop a procedure for placing constraints around density bonus applications by defining
bonuses, waivers, incentives and concessions.