CC 09-14-05
CUPErQ1NO
Amended to add a
Closed Session at 5:30 p.m.
AGENDA
CUPERTINO CITY COUNCIL - REGULAR ADJOURNED MEETING
10350 Torre Avenue, Community Hall Council Chamber
Wednesday, September 14, 2005
5:30 p.m.
CITY COUNCIL MEETING
ROLL CALL
PUBLIC COMMENTS REGARDING CLOSED SESSION
CLOSED SESSION
1. Pending litigation - Government Code Section 54956.9(a), Mike Honda et aI. v.
Kimberly Smith et aI., Superior Court Case Number I05CV047535. (No documentation
in packet).
RECESS
PLEDGE OF ALLEGIANCE
ROLL CALL
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
PUBLIC HEARINGS
2. General Plan update, Application Nos. GPA-2004-01 and EA-2004-17, City of
Cupertino, Citywide. (This item was continued from the meeting of September 6).
September 6, 2005
Cupertino City Council
Cupertino Redevelopment Agency
Page 2
NEW BUSINESS
3. Adopt a resolution appropriating $25,000 to the Santa Clara Valley Red Cross for
Hurricane Katrina disaster relief aid, Resolution No. 05-158.
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance oj
the meeting.
General Plan Update
September 14, 2005
Page 2
DISCUSSION
Planning Commission Recommendations (Exhibit A)
The Planning Commission recommendations for changes to the Task Force Draft
General Plan have been revised to highlight recent changes.
Circulation/ Pedestrians
The Hot Topic in the Circulation Element relates to Traffic Service and Pedestrian
Needs (Hot Topic C-1, page 23 of the Planning Commission recommendations).
The Task Force draft deleted a policy to allow a lower Traffic Level of Service to
accommodate pedestrians on major streets and at specific intersections. The
Planning Commission recommends restoring this policy to the General Plan.
City Council discussion of this Hot Topic may not be necessary, but it is brought
to the attention of the City Council because it was identified as a Hot Topic.
An additional change is shown in Exhibit A in response to the request for a
parking ordinance amendment to encourage Employee Cashout Programs. The
change incorporates the suggestion that the parking ordinance be amended to
define the program elements of a cashout program. Staff does not suggest that a
one-year time deadline be incorporated into the General Plan because the work
program is typically decided by the Council in conjunction with all other city
priorities and should not be singled out at this time. See page 21.
Environmental Resources - Sustainability
Hot Topic ER-1 calls for appointing a Task Force or Commission to develop a
Sustainability and Resource Plan for the City. The Planning Commission
recommends retaining this policy, but they recommend strengthening the policy
regarding Green Building Design (see page 22 of the Planning Commission
recommendations). The City Council may want to discuss this further.
Public Art
Another Hot Topic in the Land Use Element is Public Art (Hot Topic LU-5, page
13 of the Planning Commission recommendations), which calls for a One-Percent
for Art Ordinance. The City Council may want to discuss this further.
REMAINING SCHEDULE
The remaining schedule is:
,. September 20 Development Allocation, Heights, Cohesive
Commercial Centers, remaining issues. A City-wide
mailing will be sent out prior to the September 20
meeting, as requested by the City Council.
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General Plan Update
September 14, 2005
Page 3
,. October 4
,. November 1
If issues identification and public input is complete,
close public hearing and begin voting on revised
General Plan policies.
"Final" decisions - Council will determine all the
amendments to the General Plan, subject to
preparation of resolutions and the final EIR.
Approval of final General Plan (with Resolutions) and
Certification of EIR.
Enclosures:
Task Force Draft General Plan - please bring to meeting
Exhibit A - Planning Commission Recommendations, revised September 6, 2005
Exhibit B - Public Communication
Prepared by: Ciddy Wordell, City Planner
-
Steve Piasecki
Acting City Manager
G:planningl pdreportl eel CCGP A2004-01 sept 14 2005
{-J
EXHIBIT A
CUPERTINO PLANNING COMMISSION
RECOMMENDATION FOR CHANGES TO TASK FORCE DRAFT GENERAL PLAN
(Also incorporates changes recommended in the Corrections Document
and recent staff recommendations)
September 6, 2005
NOTE
HTED IN RED
RECENT CHANGES ARE HIGHLlG
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
NO ACTION NEEDED HERE. SEE
HEIGHT CHANGES FOR EACH
SPECIAL CENTER
CONSENT
Change Figure 2-D to coruorm to the height
changes recommended for each Special
Center (see below).
Change as shown below: Actively pursue the
annexation of unincorporated islands
properties within the City's urban service
area, including the Monta Vista ar.d Creston
neighborhoods, which will be annexed on a
I parcel-by-parcel basis with new
development. and QQther remaining small
unincorporated islands will be annexed as
determined bv the Citv Council
Page 2-12
2. Policy 2-12, Page 2-10
The reference to annexation of small
unincorporated islands is out of date
1
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NOTE
2
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
APPROVED 6/15/05
MODIFIED 6/23/05
Add Strategies 5 and 6:
Strategy 5: Multi-Family Residential
Floor Area Ratios
Ensure that the floor area ratios of
3. Policy 2-13, Page 2-11
Add two strategies.
multi-
family residential developments are
compatible with similar buildings in the
surrounding area. Include a mix of unit
types and sizes, and avoid a
preponderance of excessively large units.
Strategy 6: Ordinance Revision
Revise the Planned Development and R-3
ordinances to reflect the intent of Strategy
5
APPROVED 6/15/05
MODIFIED 6/23/05
Add Strategy 3:
Transition Neighborhoods
Recognize that some neighborhoods are
in transition, and added flexibility for
new residences will be considered.
4. Policy 2-16, Page 2-14
Add a strategy.
APPROVED 6/28/05
SEE TABLE 2-A
Add Strategy 7:
Street Signs: When replacement is
required, install new street signs at major
intersections that promote Cupertino
community identity, such as using the
morion logo on the sign. Retain the
standard font size of the street name
ensure readability.
Change Table 2-A as shown on the
followinli.l'-age.
to
Page 2-15 Streetscape
5.
Design
Add a strategy
Policy 2-17,
6. Page 2-17
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T Buildout
Addt
Potential
RES.
2000
Bui
HOTEL ROOMS)
2000 2005TBUildOUI
Bui Built
3
SQ. FT.)
I Buildout
OFFICE
2000
Bui
COMMERCIAL (SQ. FT.)
2000 2005 Bui1dout
Bui Built
TABLE2A
2005
Bui
2005
Built
902
178
220
17)76
87
o
o
200
815
178
220
17,576*
760
178
220
1
o
I
456.2
417.626
6.557
I
4
99,698
NEIGHBORHOODS
- -
88.816 88.816
Monta Vista
Oak Valley
F airgrove
7)76
Other Areas
COMMERCIAL CENTERS
- ~
the 94,164
570
216
354
238
521,987
1
510,53
1
0,53
1
5
5
1
1
.476,
82,456
0,700
611
911
784
300
600
300
1
3
764
126
764
!Q...A.)
126
708,057
708,057
708,057
,902,564
1
,652,]50
]
484
484
126
69,550
69,550
69,550
193,678
238,735
238,735
Heart of
City
Valko Park
South
Homestead
Road
Other Areas
306
300
6
250.604
268,735
268,735
495,415
1
EMPLOYMENT CENTERS
- -
44.979 36,505
496,40
494.576
46
656
751
951
o
150
100
00
100
200
400
o
150
100
I
46
556
551
219
551
224
315
224
315
5
I
3
2,266,206
.050,227
3,069,676
2.048,02
,050,227
2,968,]44
..
I
1,032,072
2,843,144
2,048.02
51,372
79,011
133,147
61.308
127.806
29,358
127,806
North De Anza
Blvd.
City Center
Valko Park
North
Bubb Road
23.000
23.650
1,903
2,553
21,097
20,032
1.429
1.579
1,429
441
444,435
8,836,952
428,645
8.344,536
428,645
8,325,312
4,431,000
3,895,885
3,317,426
Areas
Citywide
Other
8.840 000
8,325,000
4.431.000
3,317,000
Citywide
(rounded to
nearest
thousand)
REVISED 6/28105
includes approved and committed development
through a Development
2005 Bui
*Estimate
**125,000 square feet committed to the HP campus
Agreement was added to this column 6113/05
G:public folder/ciddy/T ABLElA-2004 6-14-05
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NOTE
4
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
issue.
DELETE STRATEGY 2.
See Hot Topic Flag LU-2 for
additional discussion of this
Recommended by staff August 16,
2005 in response to City Council
questions regarding the reduction of
office square footage and providing
assurance that
major companies
have expansion opportunities.
7. Policy 2-20, strategy 2, Page 2-17 Delete this strategy if the intent is not to
A strategy to allow floor area ratios to allow floor area ratios to be exceeded:
be exceeded may be in conflict with Floor area ratios for non-residential uses
other references that do not allow them may be exceeded through the
to be exceeded. development review process using
established criteria for evaluating
projects. . .
Major companies. Prioritize expansion of
office space for existing major companies in
Cupertino. Retain a pool of 150,000 square
feet to be drawn down by companies with
1,500+ employees or companies with City
corporate headquarters. New office
development must demonstrate that the
development positively contributes to the
fiscal well being of the City.
new strategy 2,
Policy 2-20,
New 7.
Page 2-17
CONSENT
This wording is in the current
General Plan and was inadvertently
left out of the draft General Plan.
APPROVED 6/13/05
Add strategy 3:
Merriman-Santa Lucia Neighborhood:
Allow legally constructed duplexes to remain
in the area bounded by Santa Lucia Road,
Alcalde Road and Foothill Boulevard.
Change "Development Intensity" as shown
below:
l::1,
strategy 3,
8. Policy 2-21
Page 2-21
A strategy needs to be added
new
9. Policy 2-24, Page 2-22 Manta Vista
-R£
JA Development
intensity shall be determined in conjunction
with specific development review.
Add Residential: Up to 12 units per acre.
Change Building Heights from "two story
.....1... .1.-1... '.I.-~Ff~lr "to
f'I_1 !:
_1 £"'oU~
30 feet.
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NOTE
5
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
APPROVED AS MODIFIED
6/13/05
MODIFIED 6/23/05
APPROVED AS MODIFIED
6/13/05
[Directed staff to reformat Heart of
the City, Crossroads and Stevens
Creek Boulevard areas so that it's
clearer that the latter two areas are
sub-areas of
below:
. ...General Plan allocations for other
commercial areas fleàes are for local-
serving commercial needs.
Commercial/ residential mixed-use is
encouraged in selective commercial areas.if
the residential units provide an incentive
for retail development and the resulting
development is financially beneficial to
Cupertino. Active commercial uses, such
as bookstores, coffee shops, restaurants,
office supply, furniture and electronic
stores are encouraged to locate in
Cupertino.
Change "Development Activities" as
shown below:
Mixed commercial and residential
development may be allowed if the
residential units provide an incentive to
develop retail use, if the development is
well designed, financially_beneficial to
paragraph as shown
Change the first
Centers
of the
Policy 2-27, Page 2-24 Heart
10. Page 2-24 Commercial
11
City
Heart of the City]
Cupertino, provides community amenities
and is are-pedestrian-oriented.
Change Development Intensity:
Residential Buildout: TABLE 2A
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NOTE
6
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
12. Policy 2-28, Page 2-25 Crossroads
APPROVED AS MODIFIED
6/13/05 AND 6/28/05
Change Development Activities as shown
below:
Development along Stevens Creek Boulevard
shall have retail uses with storefronts on the
ground level. Commercial office uses may be
allowed on the second level. Limited
residential uses are allowed.
"Development Intensity" as shown
Change
below:
Development
conjunction
intensity shall be determined in
with specific development review.
Add Residential Units: Up to 25 units per
acre.
APPROVED 6/13/05
as shown
t Intensity'
13. Policy 2-29, Page 2-27 Stevens
Creek Boulevard
Development
conjunction
Mixed
intensity shal1 be determined in
with specific development review.
commercial and residential development
may be al10wed if the residential units
provide an incentive to develop retail use, if
the development is wel1 desi¡µ>ed, financial1
beneficial to Cupertino, provides communi
amenities and is are-pedestrian-oriented.
Change Residential to: Up to 25 units per
acre.
Chan
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NOTE
APPROVED AS MODIFIED
6/13/05
7
CHANGE NEEDED
Change poliey as shown below:
Retain and enhance Valko Park South as a
scale commercial area that is a regional
commercial (including hotel), offiee and
entertainment center with su residential
large-
LAND USE AND COMMUNITY
DESIGN
14. Policy 2-30, Page 2-27
Vallco Park South
development.
Strate
streett which was a roved as
Valko Rosebowl mixed-use develo
the entire Parkwa
Change
below:
Plan for
seale
1
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this area
as shown
Development Intensity'
MODIFIED 6/23/05
e#i€eo-Development intensity shall be determined
in conjunction with specific development review.
Mixed commereial and residential development
may be allowed if the residential units provide an
if the development
fieial to
amenities and is
d.
Up to 35 units per aere.
Buildout: Table 2A
mixed use
I:
tial
Change Building Heights to 60 feet if
and 45 feet if not mixed-use.
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NOTE
8
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
APPROVED 6/13/05
MODIFIED 6/23/05
CONSENT
Development
intensity shall be determined in conjunction
with specific development review. Mixed
commercial and residential development
may be allowed if the residential units
provide an incentive to develop retail use, if
the development is well designed, financiall
beneficial to Cupertino, provides communi
amenities and is are-pedestrian-oriented.
Residential Buildout: See Table 2A
Change Building Heights to 45 feet
"Development Intensity" as shown below:
Development
intensity shall be determined in conjunction
with specific development review. Mixed
commercial and residential development
may be allowed if the residential
provide an incentive if
the developmen'
beneficial to CUI
amenities and is
as shown
Intensity'
Development
Change
below:
15. Policy 2-31, Page 2-28 Homestead
Road
16. Policy 2-32, Page 2-29 Remainder
of Neighborhood Commercial Areas
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CHANGE NEEDED NOTE
Modify Development Activities: Office, CONSENT
industrial, research and development with The City Council previously
supporting commercial and residential uses. requested that the Development
New office development must bc associated Activities reference be deleted, and
with new residential dcveloj3ment at a fatio it was left in inadvertently.
of two units for e'¡ery 1,000 sq. ft. of officc
~
Change "Development Intensity" as shown
below:
Floor .'.rea Ral
cOffifllcrcial/ c ial office. Development MODIFIED 6/23/05
intensity shall mined in conjunction
with specifil ~ent review. Mixed PC VOTE 3-2
commercial ,nlial development
residential units
) develop retail use, if
,II designed, financiallv
), provides cc !!
~destrian-oriE ~
)US shall not a
-
Table 2A
hts to 45 feet
LAND USE AND COMMUNITY
DESIGN
17. Policy 2-33, Page 2-30 North De
Anza Boulevard
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10
-
CHANGE NEEDED NOTE
-
Development Intensity" as shown I CONSENT
LAND USE AND COMMUNITY
DESIGN
18. Policy 2-34, Page 2-31 City Center I Change
below:
-cl~ ^
MODIFIED 6/23/05
CONSENT
MODIFIED 6/23/05
Commission majority: 60 feet, one if
mixed use and one office/ind only
-Ro ~
Hf€ lffiercial offic~. Development
intensity shall be determined in conjunction
with specific development review. Mixed
commercial and residential development
may be allowed if the residential units
provide an incentive to develop retail use, if
the development is well designed, financially
beneficial to Cupertino, provides community
amenities and is are-pedestrian-
oriented. Residential Buildout: TABLE 2A
Change "Development Intensity" as shown
below:
Hewlett Packard's development agreement
locks in the remaining floor area allocated to
their property. After the expiration of the
development agreement, and for other
properties in this area, the development
intensity shall be determined in conjunction
with specific development review. The
Hewlett Packard campus shall not have a
residential component.
Residential Buildout: Table 2A
Change building heights to 60 feet
19. Policy 2-35, Page 2-32 Vallco Park
North
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NOTE
1
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
APPROVED 4/15/05
Add Commercial to Bubb Road
Land Use Map
as shown
Development Intensity'
Change
below:
r;'lr ^
20. Policy 2-36, Page 2-32 Bubb Road
APPROVED 6/15/05 with
additional wording.
±-em.
Development intensity shall be determined in
conjunction with specific development
review.
Building Heights: 30 feet.
Change this policy to read:
Use an annual, 5-year revenue projection,
forecast by revenue area, to correspond to
Cupertino's current revenue analysis.
Include a fiscal analysis of development
applications comparing the development
proposal with the annual economic
development plan, including the fiscal
impacts of the development on the city's
projected 5-year revenue stream.
Develop a proactive economic
development strategy that links
residential development to provision of
revenue generating uses such as sales tax
offices and retail uses. Create an
economic development staff and budget.
-R0h
1,
21. Policy 2-38, Page 2-35
Economic Development
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NOTE
CONSENT
PC VOTE 3-2
12
CHANGE NEEDED
Conversion of Office/Industrial Uses to
Residential: Evaluate the economic impacts
of converting office/ industrial uses to
residential uses.
LAND USE AND COMMUNITY
DESIGN
22. New Policy (to follow Policy 2-
42) Page 2-35
See next page: Maintaining Cohesive
Commercial Centers and Office Parks
CONSENT
Change as shown below:
.. . Redevelopment funds will be used to
foster the revitalization of this regional
shopping center through mall expansion,
irúrastructure improvements, economic
development programs and provision of
very low, low and moderate-income
housing.
23. New Text and Policy (to follow
new policy above) Page 2-35
24. Page 2-36 Commercial
Development
Text related to Valko Fashion Park.
Recommended by staff August 16,
2005 to help ensure the fiscal benefits
of new development.
Change as shown below:
In reviewing office development proposals,
encourage office uses and activities that
generate significant revenues to the City,
such as local sales offices, capturing point
of sale internet transactions and business to
business tax revenues. New office
development exceeding 50,000 square feet
shall be approved only if one of these or
similar benefits are provided.
25. Policy 2-42, Page 2-35
Retail Sales and Office Development
CONSENT
Change as shown below:
Facilitate redevelopment in the Vallco
Redevelopment Area as a distinctive
regional shopping, residential and
entertainment center, with hotel uses.
26. Policy 2-43 Page 2-36
Valko Development Area
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13
Centers and Office Parks
Cohesive commercial centers and office parks are necessary to maintain a healthy sales tax base for the city and to retain opportunities for
existing businesses to expand in response to changing business trends. Cupertino's major retail commercial centers are located at Vallco
Fashion Park, The Marketplace and Portal Plaza centers, Cupertino Village, the Oaks and the Crossroads Commercial District; the office
parks are located at Vallco (North of Highway 280), North De Anza Boulevard and Bubb Road
Maintaining Cohesive Commercial
Projects with residential, ef quasi-public components or non-retail sales producers that are proposed to replace some or all of the existing
industrial, office and commercial uses on a site in these areas will be evaluated on a case by case basis to determine if they are
complementary to the overall business park or shopping center, or otherwise meet the following criteria
Integrate into the existing land use pattem by:
· Continuing established land use pattems (e.g. commercial next to commercial
· Continuing patterns of building massing, setbacks and height
· Establishing logical development pattems bounded by visible natural or man-made features such as a public or private road,
creek, freeways etc.
Provide visible pedestrian/bicycle connections to and from existing uses.
Provide a visible and publicly accessible park/plaza or open space area.
Orient active building spaces to the public or private rights of way.
Provide superior building design with high quality natural materials and building architecture.
Demonstrate there are sufficient existing or supplemental local revenues to support municipal and school services needed to
serve the development.
Show that the building is functionally obsolete in a market sense and cannot be reasonably redeveloped or marketed into a
compatible use within the surrounding area, or show the existing building/use is no longer complementary to the larger
commercial center or office par .
Show that the development can reasonably stand alone as a self-sufficient land use that is otherwise complementary to existing
buildings and uses.
Show that the residential or quasi-public use provides an incentive to incorporate a significant component of commercial
offices uses on the site.
Prohibit non-retail uses from
or
or residential adjacent to residential)
exceeding 25% of a shopping center.
1)
2)
3)
4)
5)
6)
7)
9)
10)
8)
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CONSENT
The tank house was constructed in the
late 1800' s. It is currently located on
vacant land that is part of a Byrne
Avenue development. The Cupertino
Historical Society believes that it has
historical significance and should be
maintained and preserved.
APPROVED 6/15/05
NOTE
CONSENT
CONSENT
Big Box Development: Consider approving
big box development if it is compatible
with the surrounding area in terms of
building mass and traffic.
Change the last sentence in Strategy 2 as
shown below:
Actual lot sizes and development areas
will be determined through zoning
ordinances, clustering, identification of
significant natural features and
geological constraints.
Nathan Hall Tank House
Resources
the
Change Strategy 1 as shown below:
Ordinance. Develop and adopt a One-
Percent for Art ordinance, which
requires public and private
development to set aside 1 % of their
total project budget for on-site art.
I Apply to proiects 50,000 square feet and
larger.
to
CHANGE NEEDED
Map
14
Add the
Historic
adjacent to Blackberry Farm, needs to
be added to the map of Historic
Resources.
1, Page 2-45
28. Policy 2-45, Strategy 2 Page 2-37
Hillside Development Standards
(to follow Policy 2-
LAND USE AND COMMUNITY
DESIGN
27. New Policy
44), Page 2-36
-
29. Figure 2-G, Page 2-43
The Nathan Hall Tank House,
30. Policy 2-63, Strategy
Public Art
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NOTE
5
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
CONSENT
CONSENT
Changes recommended by the
Bicycle and Pedestrian Commission
are shown in red. 9/6/05
CONSENT
APPROVED AND MODIFIED
6/15/05 and 6/23/05
A motion to require 66%
neighborhood approval for urban
trails was defeated 2-3.
Changes recommended by the
Bicycle and Pedestrian Commission
are shown in red. 9/6/05
Change the trails section adjacent to
"Rancho San Antonio Park" text from
"Future" symbol to "Existing or
Proposed" symbol
Add a strategy:
Where possible, open and restore
covered creeks and riparian habitat.
Change as shown:
... A comprehensive trail plan for
Regnart Creek, as well as one for the
west foothills, would be advantageous,
to provide consistent trail designs for
future development.
Change Strategy 2 as shown below:
Trail Projects. Implement the trail
projects described in this element.
Evaluate any safety, security and
privacy impacts and measures
associated with trail development.
Work with affected neighborhoods in
locating urban creek trails, and locate
creek trails on the opposite side of the
creek from residential development.
Evaluate any safety, security and
privacy impacts and mitigations
associated with trail development.
Work with affected neighborhoods in
locating_trails.
31. Page 2-52, Figure 2-1
Trail Linkages
32. Policy 2-75, Page 2-55
Park Design
Creek and West Foothills
34. Policy 2-70, Page 2-54 Strategy 2
33. Regnart
Trails
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NOTE
6
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
CONSENT
Suggested by the Park and Recreation
Commission.
Add a policy to follow Policy 2-72:
Park Variety: Plan for park uses that
provide for a variety of recreational
activities.
35. Page 2-55
A new policy is needed to promote a
variety of park uses
CONSENT
Recommended by Community
Congress
CONSENT
Don't count toward meeting the 3
acres/1000 population ratio. Only
include areas that have public access.
CONSENT
Modify as shown below:
Design parks to utilize the natural features
and topography of the site and to keep
long-term_maintenance costs low. Strategy:
Native Plants Maximize the use of native
plants and minimize water use.
Add areas as shown below:
Cali Park plaza, library plaza, City
Center amphitheater, 3 apt. .5 acre
areas, private open space in planned
development such as De Anza Oaks.
Change as shown below:
Policy 2-77: Acquisition or Dedication
of Additional Parklands:
Additional parklands are identified and
shall be acquired or dedicated in the
Rancho Rinconada area, in the Vallco
Park area, and in the area north of 1-280
near Stelling. Require dedication when
significant new housing units are
identified to meet State requirements.
Delete Policy 2-82.
36. Policy 2-75, Page 2-55
on Park Design needs to be modified
37. Table 2-C, Page 2-61
This table should be amended to
incorporate private parks and open
space areas
38. Policies 2-79 and 2-82,
and 2-63
These policies are similar and should
be combined
Pages 2-62
--.
!
--.
--D
NOTE
17
CHANGE NEEDED
LAND USE AND COMMUNITY
DESIGN
CONSENT
Change as shown below:
Provide park and recreational space
and facilities for new residential
development in the urban core. The
need
this
39. Policy 2-81, Page 2-62
Some words were omitted from
policy
CONSENT
Change as shown belowo
. tennis courts and will work
40. Policy 2-83, Page 2-63
One word needs to be deleted.
41. LAND USE MAP
CONSENT
See Draft Land Use Map
Revert the proposed hillside land use
designation for the Lindy Lane area
properties to Residential Low 1-5
du/ acre
-.
,
~
a,.
8
NOTE
APPROVED AND MODIFIED
6/15/05
CHANGE NEEDED
Change as shown below:
.. .After adjusting for housing units already
provided between 1999-2001, the revised
estimate is that adequate sites are needed
for 2,325 units from 2001-2006 or 465 units
per year. As ·fte-t~t..s/housir,g èalan
flæ _t.... EÌ¡- .l-t..~~-ge_l _..~11 t..
1 ...:I;
HOUSING
42. Page 3-4, Program 1, New
Construction.
CONSENT
The Household Income Categories
originate with the State Department of
Housing and Community
Development and ABAG, and are
essential to the certification of
Cupertino's Housing element.
CONSENT
Restore this policy and Household
Income Categories:
Very Low 378 units
Low 188 units
626 units
43. Policy 3-1, Page 3-5
Sufficiently Zoned Land for New
Construction Need
CONSENT
Moderate
Above Mod. 1,133 units
TOTAL 2,325 units
Update these numbers when Planning
Commission determines the number of
housing units for special centers, and also
Residential Potential Outside of Planning
Districts, Program 3
Change this program to conform to current
state law.
44. Page 3-6, Program 1
Housing Units by Planning District
Change as shown below if other requests to
add back mixed-use are reinstated:
... the City will evaluate the possibility of
allowing residential development above
existing parking areas except where mixed
use is herein excluded.
13 Density
45. Policy 3-4, p,
Implementation
Bonus Pro¡>;ram .
46. Program 15, Page 3-10
Residential and Mixed Use
age 3-10
Program
Opportunities In or Near
Employment Centers
--..
I
N
-
NOTE
APPROVED 6/15/05
The Task Force draft eliminated
Implementation Program 17 related
to Policy 3-6, Conversion of
Commercial Lands to Residential.
The Planning Commission approved
new language related to conversion;
the new language will be associated
with the same policy.
PC VOTE 3-2
APPROVED
6/15/05
for Policy
19
CHANGE NEEDED
New Implementation Program
3-6:
See attached page.
HOUSING
47. Policy 3-6, Page 3-11
Housing Densities
AND MODIFIED
The deleted Implementation Program is:
Implementation Program 18: Residential
Development Exceeding Maximums
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.
Time Frame: 2001-2006
Responsible Party: City of Cupertino,
Planning Department
the
48. Policy 3-6, Page 3-11
The Task Force deleted an
Implementation Program from
Administrative Draft.
---.
I
?-0
tv
NOTE
APPROVED AND MODIFIED
6/15/05
20
CHANGE NEEDED
Add a strategy:
Evaluate providing incentives, such as
reduced permit costs, for homes that
exceed Title 24 requirements.
HOUSING
49. Policy 3-9, Page 3-14
Energy Conservation
APPROVED AND MODIFIED
6/15/05
Change as shown:
The City will evaluate and implement the
potential to provide incentives, such as
waiving or reducing fees, for energy
conservation improvements to residential
units (existing or new).
for Energy
Program 28, Page 3-14
Waivers or Reduction
Conservation
50.
Fee
---
I
~
W
CHANGE NEEDED
Modify text as shown below:
Strategy 2: TSM Programs. Encourage
TSM programs for employees in both the
public and private sectors by including
preferred parking for carpools, providing
bus passes, encouraging compressed
workweeks and offering parkin
cashouts. Encourage Empl,
Programs by amending the
ordinance to define the
elements.
To enhance walkin'
improvements tc
more pedestrian
in
NOTE
New wording added 9/6/05
response to a request for an
ordinance amendment.
21
CIRCULATION
51. Policy 4-2, Page 4-6
TSM Programs
APPROVED AND MODIFIED
6/15/05 AND 6/23/05
various
to make them
less auto-
d, it
52. Policy 4-3, Strategy 5, Page 4-7
Pedestrian Improvements
centric. Where a median is provide
should be wide enough to safely
accommodate pedestrians. Streets such
as Homestead, Bollinger, Rainbow,
Prospect or Stelling should be evaluated
for potential improvements for
pedestrians. Working with the
neighborhood, consider reducing
residential street widths to promote
slower traffic and less pervious surface.
--.
\
t->
-C.
NOTE
CONSENT
Recommended by the Bicycle/Ped
Commission (is same as Policy 4-9 in
the existing General Plan)
22
CHANGE NEEDED
Add a new policy:
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. The
General Alignment of the Bay Trail, as
shown in the Association of Bay Area
Governments' Bay Trail planning
document, is incorporated in the General
Plan bv reference.
CIRCULATION
53. New Policy (to follow Policy 4-3),
Page 4-8 Regional Trail Development
CONSENT 6/23/05
This strategy needs to be modified
because floor areas ratios were
eliminated.
Modify strategy as shown below
3. Allocation of Non-residential
Development. In order to maintain a
desired level of transportation system
capacity, the city's remaining non-
residential development potential shall be
pooled and reallocated according to the
city's development priority tables as
shown in the Land Use Element of this
Plan~
54. Policy 4-5, Page 4-13
Modify a strategy
~
,
~
NOTE
CONSENT
The Commission added another
Planning Commission asked that
pedestrian policies deleted from
the Administrative Draft by the
Task Force be brought back
4/15/05
strategy on 6/15/05
23
CHANGE NEEDED
Add a new strategy:
6. Intersection Capacity Improvements.
Make capacity improvements as needed
to maintain Level of Service policies.
(DeAnza Boulevard and Homestead Road
and Stelling Road at McClellan Road.)
7. Enhanced Level of Service
Strive to enhance the intersection Levels
of Service where feasible.
Add to first paragraph:
It is the intent of this Plan that most
streets should operate with no more than
a tolerable level of congestion, LOS D.
Exceptions to this standard in the
Crossroads and at other locations to
ensure pedestrians are well served at
intersections are discussed below.
Change
CIRCULATION
55. Policy 4-5, Page 4-13
A new strategy is needed to make the
capacity improvements at the two
intersections where needed to maintain
the Level of Service policy standard.
56. Page 4-12
New text
CONSENT
This change is consistent with the
Neighborhood Traffic Management
Program practices as implemented
by the Public Works Dept.
PC VOTE 4-1
CONSENT
The change is requested by
Cupertino's transportation
consultant.
PC VOTE: 3-1
the requirement to 66%
57. Policy 4-11, Strategy 1, Page 4-16
Requiring 60% approval by residents
on the streets affected by traffic
calming measures is not consistent
with existing City practices.
Change as shown below:
De Anza Boulevard at McClellan Road,
Existing 2000, Morning B, C+, Afternoon
G, C-Projected 2020, Morning B C,
Afternoon P D+.
Stevens Creek Boulevard at SR 85
Southbound Ramps, Projected 2020,
Morning B-ç.
is
of Service
58. Table 4-2, Page 4-18
A correction to the Level
needed
-
\
t---'
I;\'
NOTE
APPROVED 6/15/05
Recommended by the Bicyc1e/Ped
Commission
PC VOTE 4-1
CONSENT
CONSENT
The change is requested by
Cupertino's transportation
consultant.
24
CHANGE NEEDED
Restore this policy and strategies:
Balance the needs of pedestrians with
desired traffic service. Where necessary
and appropriate, allow a lowered LOS
standard to better accommodate
pedestrians on major streets and at
specific intersections.
Strategy:
Traffic Signal Walk Times. This
strategy is described in Policy 4-3.
Added time on walk signs would be
most appropriate near shopping
districts, schools and senior citizen
developments.
Change as shown below:
Discourage traffic from using local
ncigltborhood strects by cmploying traffi
calming mcasures. Install traffic calming
measures where appropriate to reduce
traffic impacts and enhance walkability.
Add Strategy 4:
Use VTA Pedestrian Technical guidelines
in street design, traffic calming and
pedestrian crossings.
Change as shown below:
... .However, assumin~ roadway capacity
improvements were provided at the
intersections of De Anza Boulevard at
Homestead Road and Stelling Road at
McClellan Road, the 2020 LOS for major
intersections. . ..
CIRCULATION
59. Page 4-13 Restore Adm. Draft
Policy 4-6 Traffic Service and
Pedestrians Needs
60. Policy 4-11, Page 4-16 Traffic
Calming
61. Page 4-18
A change is needed to the description
of "Future Year Traffic Conditions."
~
I
(0
-J
Water District
requested that the General Plan place
more emphasis on water use
efficiency.
CONSENT
A City Council member requested
that community gardens be
mentioned in this element.
NOTE
CONSENT
The Santa Clara
MODIFIED 6/28/05
CHANGE NEEDED
Add a strategy to Policy 5-1
Strategy 4: Conservation and Efficient
Water Usage. Adopt and implement
programs that promote conservation
and efficient water usa~e.
Add a strategy to Policy 5-1:
Strategy 5: Community Gardens.
Encourage community gardens,
which provide a more livable
environment by controlling physical
factors such as temperature, noise,
and pollution.
Modify Policy 5-3 and Strategy 1 as
shown below:
Green Building Design:¡; ouragc Set
standards for the design :i
construction_of energy aT resource
cOI'lverving/ efficient buiJ rtgs (Green
Building Design).
Strategy 1: Green BuildiJ EVùlaution
Program. Prepare and ir ~ment
"G B ·Id·" I
reen UI mg cVù ua
standards for all maior p te and
public projects that ensUJ ~duction
in energy consumption f, ~
development through si d
building design.
25
ENVIRONMENTAL RESOURCES
62.
An
Policy 5-1, Page 5-2
additional strategy is needed to
stress water use efficiency.
63. Policy 5-1, Page 5-2
A reference to the environmental
benefits of community gardens is
1
requested.
64. Policy 5-3, Page 5-6 Strategy
Modify strategy
--
,
~
~
for
NOTE
APPROVED 6/28/05
CONSENT
This needs to be clarified to allow
EP A certified woodstoves.
26
CHANGE NEEDED
Amend policy and add a strategy as
shown below:
Minimize the air quality impacts of
new development projects and the
impacts affecting new development.
Strategy 4 Environmental Review.
Evaluate the relationship of sensitive
receptors, such as convalescent
hospitals and residential uses, to
pollution sources through the
environmental assessment of new
development.
Change as shown below:
Prohibit the use of wood-burning
fireplaces in new construction, except
for Environmental Protection Agency
Certified Woodstoves.
ENVIRONMENTAL RESOURCES
65. Policy 5-4, Page 5-8
Air Pollution Effects of New
Development
New Strategy
66. Policy 5-7, Strategy 2, Page 5-9
A strategy regarding prohibition of
wood-burning fireplaces needs to be
clarified.
~
,
('-J
-J;
NOTE
CONSENT
The Santa Clara Valley Water District
requests this change
27
CHANGE NEEDED
Change as shown below:
The Santa Clara Valley Groundwater sub-
basin provides approximately half of the
total water demands in Santa Clara County,
with an estimated operating capacity of
approximately 350,000 acre-feet. The Santa
Clara Valley Water District is the
groundwater management agency in Santa
Clara County. The District conjunctively
manages the basins to maximize water
supply, protect the basins from
contamination and ensure that
groundwater supply is sustained. The
District manages the groundwater
resources, including groundwater recharge,
through percolation ponds and in-stream
recharge of the creeks. The McClellan
Ponds recharge facility is located in
Cupertino.
Please see next page for changes
ENVIRONMENTAL RESOURCES
67.
The paragraph under "Ground Water
Recharge Facilities" needs to be
replaced.
Page 5-17
CONSENT
The Santa Clara Valley Water District
requests this change.
68. Page 5-18
A revised description of Urban
Conservation is proposed.
~
1
w
<:>
28
is located reflect the climatic conditions typical of the rest of the State
Changes to Urban Conservation:
Climatic conditions of the region within which Cupertino
of California.
These conditions are characterized by periods of hot and dry seasons and seasons of heavy rairuall during the wet winter
months. Weather conditions, however, can vary from year to year. In recent times, the region experienced periods of multi-
year droughts in 1976-1977 and again in 1987-1992. Given the cyclical nature of the climatic conditions, it may be assumed that
the region may again experience periods of drought in the future.
Water conservation is of great economic, social and environmental importance. During these past periods of drought, the two
retailers serving the City imposed water restrictions on their customers in response to the Santa Clara Valley Water District's
calls for water use reduction. The reduction targets were periodically adjusted during the drought based upon water reserves,
water usage and projected water supplies from both local and imported sources. Through the water management programs of
both the District and the retailers, groundwater levels remained healthy and land subsidence was avoided.
The District is currently updating its Integrated Water Resource Plan (IWRP), the purpose of which is to develop a flexible and
incremental water supply plan for Santa Clara County through the year 2040. According to the District, flexibility is a key
aspect of the IWRP 2002, which calls for periodic reassessments to respond to ever-changing water demand and water supply
conditions. The District strives to meet the needs of its water retailers, but unpredictable eventualities necessitate continual
monitoring and revisions to the District's water management activities.
In the 2001 session, the State Legislature and Governor enacted Senate Bills 221 and 610, which requires jurisdictions to secure a
water supply assessment from suppliers of water systems, for projects subject to the California Environmental Quality Act. The
water supply assessment must be incorporated into the environmental documents and considered when determining if
projected water supplies are sufficient to satisfy the demands of the project, in addition to the existing and planned future
demands.
~
,
W
~
NOTE
CONSENT
The Santa Clara Valley Water District
requests this change.
29
CHANGE NEEDED
Change as shown below:
Other Water Resources.
Cupertino has two major water
suppliers: the California Water
Company and the San Jose Water
Company. Both of these retailers
purchase their water supply from the
Santa Clara Valley Water District.
CONSENT
The Santa Clara Valley Water District
CONSENT
The Santa Clara Valley Water District
requests this change
.,
Policies:
Coordinate city-wide water conservation
efforts with the Santa Clara Valley Water
District efforts being conducted on a
regional scale. 'Æ ~ . #<
L.
......J
¡jar to tR
.1 .'^ Many of
these
requests this change.
Change as shown below:
Prior to making land use decisions,
estimate increases in pollutant loads
and flows resulting from projected
future development to avoid surface
and groundwater Qualitv impacts.
Change as shown below:
Coordination of Local Conservation
Policies with Region-wide Conservation
ENVIRONMENTAL RESOURCES
69. Page 5-18
A reference is needed to the Santa
Clara Valley Water District.
70. Policy 5-21, Page 5-17
The policy related to Pollution and
Flow Impacts needs to be revised.
71. Policy 5-29, Page 5-19
This policy needs to be revised.
-
1
'-J
(J
NOTE
CONSENT
The Santa Clara Valley Water District
requests this change.
CONSENT
The Santa Clara VaHey Water District
requests this change.
30
CHANGE NEEDED
Change as shown below:
Water Use Efficiency: Promote efficient
use of water throughout the City.
ENVIRONMENTAL RESOURCES
72. Policy 5-31, Page 5-20
This policy needs to be revised
Strategy 1: Landscaping Plans. Require
water-efficient landscaping plans that
incorvorate the u e of recycled water
for of the
development review process.
Strategy 2: Water Conservation
Programs. Work with the Santa Clara
VaHey Water District to undertake
ams th romote water use
and
Maintain
Change as shown below:
Flooding resulting from dam failure is
yet another hydrological hazard. The
largest body of water within the area is
the Stevens Creek Reservoir. Stevens
Creek Dam meets current d,
customers
Creek
to the Stevens
needed.
73. Page 5-34
A reference
Reservoir is
standards and the probab
failure is minimal. Causes for dam
failure are numerous. They include
inadequate design, construction
deficiencies and sometimes poor
under! foundation conditions.
-.,
I
W
W
of
CONSENT
Change is requested by Department
Conservation, California Geological
Survey Seismic Hazard Mapping
Program
31
Change as shown below:
Require all developers to provide
geotechnical analyses per the
requirements of the California Seismic
Hazards Mapping Act and the
California Environmental Quality Act.
¥ ¡: ~'h..... c...........a...... ",¡: r....l~'r
Analysis
HEALTH AND SAFETY
74. Policy 6-1, Strategy 2
Geotechnical and Structural
CONSENT
Recommended by the Public Safety
Commission (slightly revised by staff)
Change Policy as shown below:
Consider adopting a residential fire
sprinkler ordinance. This will reduce
Þetfi fire flow requirements and thc
-' ,~- -fu-e 'igB" Ig-j7 .1-'
..
75. Policy 6-11, Page 6-15 Residential
Fire Sprinklers Ordinance
is too detailed for a
CONSENT
This iruormation
General Plan.
in both
begin with "Specifically,
strike the remaining text.
Starting with the sentences
policies that
require "
76. Policy 6-64 and Policy 6-45, Page
6-44
The technical description of interior
and exterior noise requirements
needs to be deleted.
APPROVED 6/28/05
Modify as shown below:
Strengthen the energy performance of
existing housing. The City will considcr I PC VOTE 3-2
adopting encourage a residential energy
conservation ordinance requiring
residential units to meet minimum
energy efficiency requirements at the
time of rc sale or maior renovation,
G:public folder / ciddy / preliminary recommendations public folder 2
77. TECHNICAL APPENDIX B
Page B-66 ModifY text.
~
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--!:
Exhibit B
Letter from Tohn Tames
Mr. James discusses a petition being circulated in the Lindy Lane area requesting
that the City change the R-1 zoning laws removing the 15% slope formula added
to protect hillsides that are zoned R-1.
Staff Response: This is a zoning issue, and does not require a General Plan
amendment. The properties are zoned R-1, and R-1 properties with an average
slope greater than 10% must adhere to either the R-1or RHS regulations,
whichever is more restrictive. However, a General Plan issue was raised about
these properties, in that the draft General Plan land use map was amended as
part of the Administrative Draft to change 27 properties from Residential Low 1-
5 dwelling units/ acre designation to Residential Low 1/2 Slope Density Formula.
The Planning Commission recommends that the current designation be retained
(see page 17, number 41, of Exhibit A). Maps of the area are attached.
Letter from Morteza Abdollahi
Mr. Abdollahi requests rezoning his property for residential uses. Again, this is
a zoning issue and not a General Plan issue. The General Plan allows residential
uses on that site, and a rezoning would be required to develop it. If the property
is rezoned, units would need to be allocated to it from the "undesignated"
category. The actual density allowed would be determined through the use
permit and tentative map, based on Policy 2-32 in the draft General Plan that
states: Residential density is dependent on the neighborhood context, with a
maximum density of 15 dwelling units per gross acre.
(-s)
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Dear Mr. Mayor, Patrick Kwok and Cupertino City Council,
members;
Sandra James, Richard Lowenthal, Dolly Sandorval, Kris Wang
and Director of Community Development, Steve Piasecki
Sept. 8, 2005
My name is John James. I reside at 21852 Lindy Lane. This
week north side Lindy Lane residences, John Knopp, Frank Sun
and Mark Santora were walking up and down Lindy Lane
collecting signatures on a petition requesting that the City
change the R-l zoning laws removing the 15% slope formula
added to protect hillsides that are zoned R -I. I saw about 10 to
12 signatures already on their petition sign up sheet.
These gentlemen told my wife and I the reason we should be for
the petition was that "the 15% slope formula would reduce our
home values $100,000.00." We could not add on to our homes
or do any extensive remodeling. Not passing this petition would
hurt us financially. My wife and I felt coerced. I later checked
with some of my other neighbors and essitentuallY got the same
story. Some signed.
My interpretation of the direction of this petition, if passed, will
allow the petitioners to build multiple monster homes on their
relatively small-subdivided lots. This sounds like preferential
spot zoning to a small group oflandowners on Lindy Lane and
may be illegal. In my opinion, changing this part of the law
would be of great economic benefit for the petitioners. It will
allow them to build a monster house on a lot that has a slope
GREATER then 15%.
(-7ð'
This could be a huge SAFETY issue. Our Lindy Lane home
was completely destroyed during the 1982-1983 heavy rains
because of a mudslide.
The Lindy Lane hillsides should be zoned correctly to RHS in
the general plan is currently considering. In this area no monster
homes should be allowed or excessive building coverage could
cause mudslides.
I will fax to any of you a copy of this petition if you request
one. Please send me your fax number.
Please respond,
John E. James
21852 Lindy Lane
Cupertino CA 95014
E-mail: tahoejej@comcast.net
Ph/fax: 408-725-0280
(~J~
August 30, 2005
City of Cupertino
CITY COUNCIL
10300 Torre Avenue
Cupertino, CA 95014
Re: 22510 Stevens Creek Blvd., Cupertino, California
Dear City Council Members:
This letter serves as a request to review and consider the zoning for the property located
at 22510 Stevens Creek Boulevard (on the SE comer of Stevens Creek Boulevard and Foothill
Boulevard). The zoning of this property is presently classified as commercial. I have owned this
commercial property for almost twenty years and have operated the facility as a gas station
during this time.
As a long-time member ofthe Cupertino community, it has become increasingly apparent
to me in recent years that the city and its residents would be better served by utilizing my
property for residential use instead of a gas station. Specifically, there is an obvious unmet
demand for more affordable housing in Cupertino. As you are aware, housing in Cupertino is
one of the most sought after in the entire Bay Area due to the proximity to Silicon Valley, high
quality of life and excellent school districts. Accordingly, the City would benefit immensely by
providing current and potential residents access to more affordable and smaller homes. Further,
residents will be unaffected by the closure of a gas station at this location because there are at
least four gas stations within close proximity and one less then a quarter of a mile away on
Foothill Boulevard.
For all of the afore-mentioned reasons, I believe it is in the best interest of all parties to
pursue the possibility of building a multi-unit residential development on my property located at
22510 Stevens Creek Boulevard. At this time, it appears that changing the zoning to allow a
residential development will be the most beneficial use of this property. I sincerely appreciate
your consideration and look forward to discussing this matter further.
Very trul y yours,
Morteza Abdollahi
(-yo
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DRAFT
RESOLUTION NO. 05-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROPRIATING $25,000 TO THE SANTA CLARA VALLEY CHAPTER OF THE
AMERICAN RED CROSS FOR HURRICANE KATRINA DISASTER RELIEF AID
WHEREAS, the Santa Clara Valley Chapter of the American Red Cross anticipates the
possibility that aid and temporary living assistance to Hurricane Katrina evacuees may be
expanded to Califomia including the San Francisco Bay Area.
WHEREAS, the Santa Clara Valley Red Cross resources are insufficient to provide the
anticipated needed assistance,
WHEREAS, the Santa Clara Valley Red Cross is seeking assistance from cities in Santa
Clara County to aid the Hurricane Katrina disaster relief effort.
WHEREAS, the mayors of cities and members of the Board of Supervisors in Santa Clara
County met on September 7, 2005, and agreed to bring resolutions to their respective City
Councils' or Board at their next meeting, to provide living and recovery assistance to Hurricane
Katrina evacuees,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO that the
sum of $25,000 is hereby appropriated for purposes of Hurricane Katrina disaster relief and that
the City Manager is directed to provide said sum to the Santa Clara Valley Red Cross on behalf
of the City of Cupertino. The City Manager shall identify the funding source including possibly
CDBG and/or General Fund reserves for this appropriation. Said funds should principally
support local living and recovery assistance, job training, medical and mental health care, and
counseling services to evacuees. Said funds shall be released once it is determined that a
recovery center is or will soon open in Santa Clara County and/or significant numbers of
evacuees travel to the region to temporarily relocate on their own.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 14th day of September 2005, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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onl9 ts eetl n9
City Council Sept. 14, 2005
· Environmental Resources
· Health and Safety
· Draft Environmental Impact Report
· Issues:
- Circulation/Pedestrians
- Sustainability
- One-percent for Art
· Any other issues needing discussion
· Continue remaining discussion to Sept. 20
Circulation
.
.
Restore this po icy
Balance the needs of pedestrians with desired traffic
service. Where necessary and appropriate, allow a
lowered LOS standard to better accommodate
pedestrians on major streets and at specific
intersections.
~
Strategy
Traffic Signa Walk Times. This strategy s described
in Policy 4-3. Added time on walk signs would be
most appropriate near shopping districts, schools
and senior citizen developments.
Recommended Remaining Schedule
-September 20
- Development Allocation
-Heights
-Cohesive Commercial Centers
-Hillside Land Use (Lindy Lane)
-Remaining Issues
-October 4
-"Final" decisions - subject to resolutions and
final EIR
-November 1 (or sooner if special meeting)
-Final approval of Gen. Plan and EIR
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CC 41
",~.!.~"",=",,=3à
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Cashout
'~''6""""
Car Parking Policy Change to Reduce
Congestion & Increase Choice
1
Car Parking Cashout: when employers pay employees
an extra amount each time that they get to work without
driving
Meeting
Post September 6th 05 Cupertino City Counci
Mike Bullock
Best Example of a Company Cashout
Case (#1), Reference Patrick Siegman's article in Bicycle Pedestrian Federation
,y"^"-,,,,,~
Company: CH2M Hill
}} Location: Bellevue, Wa (Seattle suburb)
}} Size of (Engineering) Firm: 430 employees
$40/ onth (in 1995), to not drive
.
CH2M Hill Work Trips
Mode Before After
Drive Alone 89°,,10 540/0
Carpool 90/0 12%
Bus 10/0 17%
Bike, Walk 10/0 17%
100% 100%
2
Meeting
05 Cupertino City Counci
September 6th
Post
Mike Bullock
,"'....t"..'<"h'
3
--
Cashout Results Sutnmary
(11 Locations, 3 Groups, 1995 Dollars)
.",;,.,·¡~"~·,o··,,
-
35
30 .Average Payout Per
25 Work Day (1995 $'s)
20
15 .Average Percent
10 Decrease in Parking
5 Demand
0
4 Companies, 5 Companies, 2 Companies,
Poor Public Fair Public Good Public
Transist Transit Transit
-
. Of the 11 Cases
}) 3 Largest Responses: 36%, 38%, 39%
}) 3 Smallest Responses: 15% , 18%, 24%
Mike Bullock Post September 6th 05 Cupertino City Council Meeting
Cashout Recommendation
",~,~;":",".;..",,,...,..,,,~, '_"'_A',~'_"'~:~"",,""""'''''~_=~
. Passed By Planning Commission 6/28/05
Strategy 2: 1SM Programs. Encourage 15M
programs for employees in both the public and
private sectors by including preferred parking for
carpools, providing bus passes, encouraging
compressed workweeks and offerinCLQarkin
cashouts.
Mike Bullock Post September 6th 05 Cupertino City Council Meeting 4
Better Cashout Recommendation
,'I;;;
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Amend Off-street Parking Ordinance, 3 tems
» 1.) Definition of Car Parking Cashout
» 2.) Schedule of Parking Lot Size Reductions, as a function
of amount paid (reductions apply only after City verification
of expected reductions in driving), such as. . .
_ $4/day allows a parking lot size reduction of 9%
_ $6/day allows a parking lot size reduction of 12%
_ $9/day allows a parking lot size reduction of 18%
_ Note: if the percentage of employees getting cashout exceeds 1.5
times the parking lot size reduction, then the amount paid can be
reduced by the factor of 1.5 times the parking lot size reduction
divided by the percent of employees getting cashout.
» 3.) Legal protections so that in all cases the City can
protect neighborhoods from the intrusion of parked cars.
.
5
Meeting
05 Cupertino City Counci
September 6th
Post
Mike Bullock
Better Strategy 2 Recommendation
,""""_',,""'='~"'_"'} _,_ _ ',".'_"_, "'''''"''~._'';'c:.'-s:""",~."",,o''''''$Œ'<··~;''·
Strategy 2: TSM Programs. Encourage TSM programs
for employees in both the public and private sectors by
including preferred parking for carpools, providing bus
passes, and encouraging compressed workweeks.
Encouraae Employee Cash out Proarams by amendina the
Parkinq Ordinance (within 1 year) with 1.) a definition of
employee cashout. 2.) a schedule of parkinq lot size
reductions as a function of amount paid. to be aRJ)lied
after City verification of expected reductions in drivinq
and with a suitable Q!Yment reduction factor aQPlied to
protect the comQanies and 3.) leaVrotections to ensure
sufficient parkin in all cases. Note that Cashout will
increase walkin bikin ools and transit use.
6
Meeting
05 Cupertino City Counci
6th
September
Post
Mike Bullock
Costs"
"
Cash out
Land Use to Offset
Note: "Costs" are a new type of compensation
for employees, aiding in employee retention
""""""""-''''':.,-,,,
· Parking space rental
}} Employees or general public for boats, RVs, extra cars
(Lockheed does this), other storage
· Leased, to providers of services for employees
» Laundry pick-up, fitness center, child care
· Larger sites could group excess parking for
additional offices (or not!)
· If corporate land backed up to residential or parking
lot fronted an appropriate arterial, housing units
could be provided
",,,.-i
7
Our City will become cleaner, safer, more
beautiful, and generally more functional.
Meeting
September 6th 05 Cupertino City Councl
Post
Mike Bullock
e
I
Cash Flow Examp
Cashout
Note: "Cost" is a new type of compensation for
certain employees, aiding in employee retention
.".",..'~-,;~'.'<::;,,~~~,-
5*12%
_M""","_'~'/<"'" ::-..,~~",..." ,.,
Assumptions (Hypothetica
» 5000 Employees
» 140 cars per acre (no parking garage)
» City allows a 12% reduction (but expects a parking lot vacancy rate of 1
= 18% )
20% of employees don't drive after cashout
$5/Day paid (except that per-cent of drivers exceeds 18%, so only $5*(18/20)
= $4.50 paid)
Land sold for $3 million per acre
Money obtained from sale earns 10%
250 work days per year
t per year = $5*(18%/20%)*(20%)*5000*250 = $1.125 million/year
t f sold land = (10%)(12%) [(5000/140) (total initia
o company)
Cupertin
»
»
»
»
»
C
·
·
·
8
Company gives its employees a new choice, becomes an
environmental leader, and earns money.
-- - .. .... ..
Mike Bullock
'=./"¿__4'""",~~",,,,,,,~.....~.._~,~_.,
Ke ulrea
Note that no known group is asking for cashout being required.
'=u,.2...,\Ci>.....-."',·~,·,',·,.-,.-·-,,··o
t
Cash
Fear of
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Possible Outcomes if the 3 Parking Ordinance Amendments
are Enacted
» No Companies adopt cashout
- Shows no companies see an economic advantage
- Argues against a requirement
- Who would want to force an economic disadvantage?
» A few companies try cashout but have limited success
- Argues against a requirement
» Some companies try cashout &
- More will probably follow
- Argues against a requirement
have success
Enactment of the 3 proposed ordinanc
unlikely to result in cashout being required.
-
Post
9
Meeting
05 Cupertino City Counci
September 6th
Mike Bullock
ssues
I
Enforcement
Cashout
Fear of
,;=,""""."""'-",
"-"",,,,,,",,'~"'''Cì.>''
I
-,,-...""'-:¡'';;~
An Explicit feature of the current proposal:
reduction until after City verification
» As soon as Companies adopt cashout, serious money is being paid
» However, Company cannot start getting the benefit of reduced parking
(leasing parking to others, redevelopment for their own purposes, or se
off of excess land) until verification
» Companies will be VERY motivated to achieve verification ASAP
» City will randomly ask workers (telecon), "How do you ke cashout?
» City will randomly count cars
» If cashout is not real, verification will fa ,
money, and gain no benefit
no parking size
ose serious
the company will
.
Only companies that are confident in their own
ability to implement cashout will try cashout.
o
1
Meeting
September 6th 05 Cupertino City Counci
Post
Mike Bullock
Property Ownership Change
Cashout
Concern # 1: New tenant company fails to do cashout
" ,,,·..;'-,";:~l'-":~"'.'-'''''·''-"'''^'-·';;·"''''''
~;¡;;..."'''''''.>.:
wr.ø"",g;;.·--
At the time any redevelopment or sell off occurs, the property owner
enter into a use agreement (Item 3 of proposal)
» All future tenants must pay cashout at the rate which enabled the change
Comparable to a use agreement a restaurant may enter into that says they
must close at 10 PM, for example
» Enforcement and legal dispute issues may arise
» Still, these agreements are not uncommon
» They show flexibility on the part of both parties, to achieve a desired result
New tenants can expect City "spot checks" to ensure compliance
Tennant companies will be enjoying less rent due to fewer parking spaces
Tennant companies wil be spending (most of?) their savings on cashout
must
·
·
·
·
·
Use agreements are common.
Use agreements usually present no enforcement problems.
1 1
Meeting
05 Cupertino City Counci
September 6th
Post
Mike BUllock
e
Chan
.
I
Ownersh
ert
Pro
Cashout
fall
Property value of cashout property will
.
.
Concern # 2
·""~:.;·):>,,,,t·
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Owner has less than a normal amount of parking because either
» Has more development (offices. child care. fitness center, or other) than before
» Has sold off extra land
-
parking)
Compared to competing properties (assume identical development)
» Substantially less parking
» Substantially less lease needs to be charged (or can be obtained)
Tennant will take the money gained from the reduced rent and use it to pay cashout
» Employees that get cashout money are more easily retained
» Many employees are proud to work for a cashout company
Landlord is OK with reduced rent (compared to similar development
because either ...
» Extra development allowed a higher baseline
» Selling off of land generated cash that is then earning money elsewhere
I
fu
with
-
-
-
Property owners will protect their own interests.
Cashout properties will be able to compete in the market place
12
Meeting
05 Cupertino City Counci
September 6th
Post
Mike BUllock