CC 02-16-2021 Item No. 17 LOS to VMT, SB 743 Implementation_Staff PresentationMunicipal Code Amendment to Add Chapter 17.08 on VMT StandardsLOS to VMT, SB 743 ImplementationCC 02-16-2021 Item No. 17
•VTA LOS-VMT Working Group (2019-2020)•Planning Commission Update (Sep 2020)•City Council Study session (Nov 2020)•Planning Commission Study Session (Dec 2020)Background
Key Decisions1. Establish citywide VMT threshold2. Identify appropriate screening criteriaPossible Screening Criterion:a. High Quality Transit Corridor (statutory)b. Local-serving retailc. Project in low-VMT areasd. 100% Affordable housing projects (statutory)
Planning Commission Recommendations1. VMT threshold: 14.4%below baselineScreening Categories:1. Local serving retail: 50,000 sq ft or less2. 100% Affordable Housing: (statutory)3. High Quality Transit Corridor: (statutory)a. Reduce radius from ½ mile to ¼ mile**Staff proposes defining distance as “walking distance.”
VMT Threshold: what does it mean?1. A project must reduce VMT by 14.4% (from the City baseline rate) to not cause a transportation impact under CEQA2. Projects will need to use mitigation measures to meet this threshold.3. Projects that cannot mitigate can still be approved by Council with a Statement of Overriding Considerations
Planning Commission Feedback1. Commissioners encourage continued use of LOS2. Commissioner concern about VMT being unfamiliar to the public3. Some concern about effectiveness of VMT mitigation measures4. Commission approved proposed ordinance in 4-0-1 vote (Comm Saxena absent)5. HQTC buffer reduction due to Stevens Creek Blvd not truly being “high-quality.”
Municipal Code Amendment1. Adding VMT standards to Municipal Code•Chapter 17.082. Definitions added for clarity (not previously shown to Planning Commission)
Level of Service (LOS)1. LOS “lives” in General Plan2. City can continue to use LOS3. Language must change:1. LOS review is now outside of CEQA2. “Consistency with General Plan”3. Terms such as “impacts” now reserved for VMT and the environmental review process.
Next Steps1. Conduct inter-departmental staff training2. Negotiate with VTA fees to be paid by developers3. Return to Council to discuss citywide VMT analysis at next GP update
Recommended ActionThat the City Council conduct the first reading and adoptOrdinance No. 21-____“An Ordinance of the City Council of the City of Cupertino Adding Title 17 andChapter 17.08 to the Cupertino Municipal Code, Replacing Level of Service (LOS)with Vehicle Miles Traveled (VMT) For Use inTransportation Analysis Pursuant to theCalifornia Environmental Quality Act (CEQA)”, as recommended by the PlanningCommission on January 26, 2021 to:1. Find the proposed actions exempt from CEQA;2. Add to the Cupertino Municipal Code Title 17 (Environmental Regulations) andChapter 17.08 (Vehicle Miles Traveled Standards), which establishes screeningcriteria, a 14.4% VMT reduction threshold, and screening criteria for local-servingretail, 100% affordable housing projects, and projects located within one-quartermile of a High-Quality Transit Corridor, for purposes of CEQA analysis.
Municipal Code Amendment to Include VMT StandardsLOS to VMT, SB 743 Implementation