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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 12/16/2019 CHAPTER 2.32: PLANNING COMMISSION* xx library.amlegal.com/alpscripts/get-content.aspx 1/3 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 library.amlegal.com/alpscripts/get-content.aspx 2/3 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 library.amlegal.com/alpscripts/get-content.aspx 3/3 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 Topic Policy/ Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Time Frame Comment 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. 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 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 Topic Policy/ Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding 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. 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 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 Topic Policy/ Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding 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 Topic Policy/ Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding Source(s) Time Frame Comment 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. 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 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 Topic Policy/ Strategy No.Policy/Strategy Title General Plan Policy/Strategy Text Responsible Department(s) Funding 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.