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03-31-16 Amended searchable packet
CITY OF CUPERTINO AGENDA Thursday, March 31, 2016 10350 Torre Avenue, Council Chamber CITY COUNCIL 6:45 PM AMENDED Televised Special Meeting Amended on March 28, 2016 to revise the Subject descriptions for Agenda Item Nos. 1 and 2. The Item staff report Subject descriptions have also been revised to match the agenda. NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Thursday, March 31, 2016, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue 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. ORDINANCES AND ACTION ITEMS 1.Subject: Proposed Initiative submitted by Vicky Tsai and Judy Wilson regarding the Vallco Town Center Specific Plan Initiative entitled, “Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area (“Area”) contains a mixture of residential, office, retail, civic and Page 1 CITY OF CUPERTINO 1 March 31, 2016City Council AGENDA education uses; (2) require any development to fund or provide community benefits such as transit, schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in accordance with the Initiative and establish a process for future approvals; and making related amendments to Cupertino’s General Plan and Municipal Code ("Vallco Initiative") and authorization to prepare a report under Elections Code 9212 Recommended Action: Adopt Resolution No. 16-027 directing City staff to prepare a report on the effects of the Vallco Initiative pursuant to Elections Code Section 9212 and appropriate $180,000.00 for such purpose Staff Report A - Proposed Vallco Initiative B - Title and Summary C - Draft Resolution for preparing EC 9212 Report 2.Subject: Election Code section 9212 report relating to proposed Cupertino Citizens’ Sensible Growth Initiative entitled, “Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions” (“CCSGI Initiative”); determination whether to adopt the CCSGI Initiative or place measure on the ballot; and determination regarding ballot arguments and impartial analysis Recommended Action: 1. Receive the Report on the Impacts of Proposed Initiative and either: a. Adopt the Initiative; or b. Adopt Resolution No. 16-028 ordering that the Initiative be placed on the Ballot for the November 8, 2016 General Municipal Election, to be consolidated with the Statewide General Election; and 2. Adopt Resolution No. 16-029 considering whether to direct the City Clerk to transmit the Initiative to the City Attorney for preparation of an Impartial Analysis and whether to authorize City Council members, or the Council as a whole, to submit ballot arguments against the Initiative; and 3. Adopt Resolution No. 16-030 considering whether to authorize rebuttal arguments for and against the Initiative Page 2 CITY OF CUPERTINO 2 March 31, 2016City Council AGENDA Staff Report A - 9212 Report A-1 - Appendix 1 (Text of Proposed Initiative, Title & Summary, Notice of Intent) A-2 - Appendix 2 (Section description of summary of Initiative) A-3 - Appendix 3 (CA Elections Code 9212) A-4 - Appendix 4 (Resolution No. 16-009 calling for report) A-5 - Appendix 5 (9212 Environmental Analysis) A-6 - Appendix 6 (Memo regarding 9212 report) A-7 - Appendix 7 (Fiscal Analysis tables) A-8 - Appendix 8 (Report from Sheriff's office) B - Draft Resolution calling election for measure C - Draft Resolution for filing Written Arguments D - Draft Resolution for filing Rebuttal Arguments E - City Attorney Memorandum for Placing on the Ballot ADJOURNMENT Page 3 CITY OF CUPERTINO 3 March 31, 2016City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council 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 Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council 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 Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council 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 Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council 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. Page 4 CITY OF CUPERTINO 4 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1556 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:3/4/2016 City Council On agenda:Final action:3/31/2016 Title:Subject: Proposed Initiative submitted by Vicky Tsai and Judy Wilson regarding the Vallco Town Center Specific Plan Initiative entitled, “Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area (“Area”) contains a mixture of residential, office, retail, civic and education uses; (2) require any development to fund or provide community benefits such as transit, schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in accordance with the Initiative and establish a process for future approvals; and making related amendments to Cupertino’s General Plan and Municipal Code ("Vallco Initiative") and authorization to prepare a report under Elections Code 9212 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Proposed Vallco Initiative B - Title and Summary C - Draft Resolution for preparing EC 9212 Report Action ByDate Action ResultVer. City Council3/31/20161 Subject:ProposedInitiativesubmittedbyVickyTsaiandJudyWilsonregardingtheVallco TownCenterSpecificPlanInitiativeentitled,“InitiativeadoptingtheVallcoTownCenter SpecificPlanto(1)providethattheVallcoShoppingDistrictSpecialArea(“Area”)containsa mixtureofresidential,office,retail,civicandeducationuses;(2)requireanydevelopmentto fundorprovidecommunitybenefitssuchastransit,schools,agreenroof,andrecycledwater; and(3)grantthepropertyownerinitialentitlementstodevelopinaccordancewiththeInitiative andestablishaprocessforfutureapprovals;andmakingrelatedamendmentstoCupertino’s GeneralPlanandMunicipalCode("VallcoInitiative")andauthorizationtoprepareareport under Elections Code 9212 AdoptResolutionNo.16-027directingCitystafftoprepareareportontheeffectsoftheVallco InitiativepursuanttoElectionsCodeSection9212andappropriate$180,000.00forsuch purpose CITY OF CUPERTINO Printed on 3/28/2016Page 1 of 1 powered by Legistar™5 OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 31, 2016 Subject Proposed Initiative submitted by Vicky Tsai and Judy Wilson regarding the Vallco Town Center Specific Plan Initiative entitled, “Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area (“Area”) contains a mixture of residential, office, retail, civic and education uses; (2) require any development to fund or provide community benefits such as transit, schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in accordance with the Initiative and establish a process for future approvals; and making related amendments to Cupertino’s General Plan and Municipal Code ("Vallco Initiative") and authorization to prepare a report under Elections Code 9212. Recommended Action Adopt a resolution directing City staff to prepare a report on the effects of the Vallco Initiative pursuant to Elections Code Section 9212 and appropriate $180,000.00 for such purpose. Background On March 3, 2016, Vicky Tsai and Judy Wilson (Proponents) submitted to the City Clerk a Notice of Intent to circulate an initiative petition and a request for the City Attorney to prepare the official ballot title and summary. A copy of the proposed initiative measure (“Initiative”) is attached to this report as Attachment A. This is the third proposed initiative submitted to the City. At the March 31, 2016, Council Meeting, the Council will accept the Elections Code Section 9212 Report on the Cupertino Citizens’ Sensible Growth Initiative (“CCSG Initiative”) and make a decision whether to adopt the initiative or place it on the ballot. For the second initiative, relating to the property commonly known as the Oaks Shopping Center (at Stevens Creek and Highway 87, “Oaks Initiative”), the proponents are authorized to begin collecting signatures. On March 1, 2016, Council authorized the staff to begin preparation of the Elections Code 9212 Report for the Oaks Initiative. It is underway. 6 Turning to the Vallco Initiative, on March 18, 2016, the City Attorney prepared the official title and summary. The official title for the measure is: “Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area (“Area”) contains a mixture of residential, office, retail, civic and education uses; (2) require any development to fund or provide community benefits such as transit, schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in accordance with the Initiative and establish a process for future approvals; and making related amendments to Cupertino’s General Plan and Municipal Code.” (See, Title and Summary, Attachment B.) The Proponents have until September 14, 2016—which is 180 days from the time they received the official title and summary—to gather and submit the requisite number of signatures to qualify the measure for placement on the ballot. As with the prior initiatives, the City Council now has the option, if it so chooses, to direct staff to prepare a report on the effects of the Vallco Initiative. As previously stated, the Elections Code section 9212 Reports are to enable elected officials and the community to obtain a thorough understanding of the potential fiscal, legal, and other impacts of proposed initiatives. A 9212 Report may be ordered at any time during the period that the Initiative is being circulated for signatures, or alternatively, at any time up until the City Council is presented with the City Clerk’s certification that the proponents have submitted sufficient signatures to qualify the measure for placement on the ballot. Discussion The Elections Code grants city councils broad discretion whether to order preparation of a 9212 Report and what topics to cover in such a report. Specifically, section 9212 provides that the City Council “may refer the proposed initiative measure to any city agency or agencies for a report on any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the city’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under [certain affordable housing and anti-discrimination in housing statutes]. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may 7 also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community’s ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; [and] (8) Any other matters the legislative body requests to be in the report.” Elections Code § 9212(a) (emphasis added). The 9212 Report must be presented to the Council no later than 30 days after the City Council meeting at which the City Clerk certifies the Vallco Initiative has qualified for the ballot. Elections Code § 9212(b). As will be discussed at March 31, 2016 Council Meeting for the CCSG Initiative, after receiving the report, the Council would then have the option of either adopting the Vallco Initiative exactly as proposed, or ordering it placed on the ballot. The Elections Code also gives the Council broad discretion as to when to order such a report. It can do so now, wait, or not prepare one at all. Although the Council may wait to authorize the preparation of a 9212 Report, the time is necessary to ensure a thorough analysis of the Vallco Initiative’s impact. Staff recommends that the Council order preparation of a Section 9212 Report and that it do so now in order to ensure that staff has the maximum amount of time. Staff further recommends that the Council direct that the report address each of the specific items identified in Elections Code section 9212, to the extent applicable, and any other specific matters the Council desires to be discussed, including comparisons with other pending initiatives. In addition, in order assist with the timely preparation of the report and to perform certain types of analyses that require additional expertise, staff recommends that the Council authorize the City Manager to retain appropriate consultants. The analysis on the environmental impacts will not be as extensive as an Environmental Impact Report (EIR), but will provide detail to inform the public. Fiscal Impact 8 Staff recommends that the Council authorize the City Manager to spend up to $180,000.00 to retain the necessary economic, environmental, and legal consultants to help prepare the Report and to appropriate these funds. Sustainability Impact: There is no sustainability impact for the preparation of the report. _____________________________________ Submission by: David Brandt, City Manager Attachments: A - Proposed Vallco Initiative B – Title and Summary C - Draft Resolution Ordering Preparation of an Elections Code Section 9212 Report 9 The people of the City of Cupertino ordain as follows: Section 1. Title. This initiative measure shall be known and may be cited as "The Vallco Town ~ e · I:\!i'Pc ClTV CLERK Plan Initiative" (the "Initiative"). Section 2. Findings and Purpose. A . Findings. The people of the City of Cupertino ("City") find and declare the following: 1. The Vallco Shopping District Special Area is an approximately 58-acre planning area located in the City between Interstate 280 and Stevens Creek Boulevard and intersected by North Wolfe Road , as shown on pages A-1 and A-2 of Exhibit A hereto ("Vallco Shopping District" or "Property "). Approximately 51 acres of the Vallco Shopping District is the site of a failing enclosed regional mall (and associated parking) that is suffering from significant vacancies (the "Mall"). Due to a variety of challenges , including but not limited to , outdated infrastructure , a confusing and inefficient parking layout , weak anchor stores and shifts in consumer preferences , the Mall began to deteriorate in the 1990s , setting off a string of mortgage defaults and bankruptcy filings. Multiple ownership changes and redeve lopment efforts ensued , yet all failed and occupancy continued its decline into the 2000s. Due to extraordinarily strong regional retail competition and the few tenants that remain today , the Mall cannot support the ongoing operation of the existing 1.2 million square feet ofretail-only space. 2. Cupertino residents have long recognized the failures and inherent obsolescence of the Mall. The City Council and the community have spent years working to establish a new vision for revitalizing the Mall. 3. In December 2014, the City Council adopted an updated General Plan, C ommunity Vision 2040 ("General Plan"), which includes goals , policies and strategies specifically relating to the Vallco Shopping District. The General Plan provides the framework for a complete redevelopment and repositioning of the site into a new , mixed-use "town center," with a vibrant mixture of retail , office , and residential uses that will become a destination for shopping , dining , entertainment, and commerce for Cupertino residents. 4. Based on this vision , the General Plan requires a specific plan to be adopted for the Vallco Shopping District prior to any redevelopment to specify the land uses , design standards and guidelines , and infrastructure improvements required to serve the Vallco Shopping District. 5. This Initiative implements and fulfills the requirements of the General Plan and the vision of the community by approving the Vallco Town Center Specific Plan ("Specific Plan"), attached hereto and incorporated herein as Exhibit C , allowing the complete redevelopment of the plan area into a vibrant, sustainable , walkable, and safe "town center" neighborhood with a mix of retail , dining, entertainment, recreation, offices , housing , hotel , education , civic , open space , and public amenities for Cupertino residents. 6. Implementation of the Specific Plan will elevate the quality of community life of Cupertino residents by creating a mix of thoughtfully designed public places of various scales , including amenities such as a market hall , a new, state-of-the-art movie theater and ice rink, civic , educational and well ness venues , as well as walkable streets , bicycle lanes , and transit facilities fitting for a true town center. 7. To ensure the type of extraordinary community benefits that Cupertino residents deserve , the Specific Plan requires a 30-acre greenway on the integrated roofs of the various town center buildings. This privately funded and maintained rooftop Community Park and Nature Area will include 3.8 miles of walking and jogging trails , meadows , vineyards , orchards and organic gardens and will be planted with native , drought-tolerant landscaping that thrives on little to no water that will be watered as necessary with recycled water delivered through a new recycled water line extended to the area. This one-of-a kind green amenity for Cupertino residents will provide a visual connection to the surrounding mountain ranges of San Francisco Bay , host a diverse set of active and 1 10 INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS passive community-oriented uses , help to visually integrate the plan area with the surrounding public streets , buffer the plan area , reduce the area 's urban heat island effect, minimize water run-off and water and air quality impacts , and improve the energy efficiency of the buildings . 8. The Specific Plan area presents a unique opportunity to solve the City 's sustainability challenges -economic , social , and environmental -through smart technologies and data. The Specific Plan shall seek to integrate physical , digital and human systems in the built environment to deliver a sustainable , prosperous and inclusive future for Cupertino residents. The goal for the Specific Plan area is to positively benefit the community through smart city development strategies , and its program , design , and operations will be the basis for this benefit. 9 . The Specific Plan will also provide additional , substantial public benefits and improvements . This includes new development under the Specific Plan to provide-in addition to the maximum state-mandated school fees-additional benefits to schools of approximately $40 million to enhance Cupertino's excellent schools , such as a new High School Science and Engineering Innovation Center, solutions to create net additional enrollment capacity to enhance the quality of instruction and student learning , and space dedicated to local adult education programs. The Specific Plan also provides for charitable/civic space , including for local non-profits and civic organizations ; dedicated senior housing units ; an amphitheater to host outdoor concerts and movie nights ; a destination play space for children ; banquet and event space for large and small events ; effective traffic solutions for pre -existing and future conditions (including spearheading and providing substantial funding for a free community shuttle in partnership with local employers and transit agencies , a new transit center, and a stringent vehicle trip reduction program through a comprehensive Transportation Demand Management plan); as well as very substantial economic and fiscal benefits in the form of one-time construction-related tax revenues to the City and new recurring property taxes , transient occupancy taxes , and retail sales taxes annually to the City. 10. The goals , policies , and mandatory design features in the Specific Plan adopted by this Initiative , which includes required environmental design features , will ensure that the actions approved by this Initiative will be environmentally sound and in compliance with the City's policies , guidelines , and standards. 11. The provisions of this Initiative , including the adoption of the Specific Plan, are in the public interest and are consistent with the General Plan as amended by this Initiative . Specific Plan consistency with the amended General Plan is shown in Exhibit D hereto . 12 . This Initiative serves the public health , safety , and welfare of Cupertino residents , as well as people in the surrounding region . B . Purpose . The purpose of this Initiative is ensure that , consistent with the City 's General Plan , the failed Vallco Shopping District Special Area can be redeveloped into a vibrant , sustainable , walkable and safe new neighborhood with a mix of retail , dining , entertainment, recreation , offices , housing , open space , educational , civic , and public amenities , with exceptional community benefits and high-quality design , that will improve the quality of life of Cupertino residents. Section 3 . City of Cupertino General Plan Amendments. The voters hereby amend the City of Cupertino General Plan as follows (new language to be inserted into the General Plan is shown as underlined text and language to be deleted is shown in strikethrough text; language shown in regular or bold type reflects the existing General Plan text and is provided for informational/reference purposes): A . Amendments to the Land Use and Community Design Element. The Land Use and Community Design Element of the Cupertino General Plan is amended as follows : 2 11 INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS The section titled "Vallco Shopping District Special Area," which is within the "Special Areas" subsection of the "Planning Areas Goals and Policies" section of the Land Use and Community Design Element, is amended as follows: Vallco Shopping District Special Area The City envisions a complete redevelopment of the existing Vallco Fashion Mall into a vibrant mixed -use "town center" that is a focal point for regional visitors and the community. This new Vallco Shopping District will become a destination for shopping, dining and entertainment in the Santa Clara Valley. GOAL LU-19 CREA TE A DISTINCT AND MEMORABLE MIXED-USE "TOWN CENTER" THAT IS A REGIONAL DESTINATION AND A FOCAL POINT FOR THE COMMUNITY Policy LU-19.1: Specific Plan Create a Vallco Shopping District Town Center Specific Plan prior to any development on the site that lays out the land uses , design standards and guidelines , and infrastructure improvements required . The Specific Plan will be based on the following strategies: Strategy LU-19.1.1: Master Developer. Redevelopment will require a master developer in order remove the obstacles to the development of a cohesive district with the highest levels of urban design . Strategy LU-19.1.2: Parcel assembly . Parcel assembly and a plan for complete redevelopment of the site are required prior to adding residential and office uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future, unless parcelization includes adequate protective measures to provide incentives and guidelines for cooperation among owners. Strategy LU-19.1.3: 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. Strategy LU -19.1.4: Land use . To carry out the City 's vision for a vibrant mixed-use "town center,'' the Vallco Town Center Specific Plan shall require a mix of the following uses on the site The following uses are allo';ved on the site (see Figure LU-1 for residential densities and criteria): 1. Retail: High-performing retail , restaurant and entertainment uses. 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. 2. Hotel: Encourage Provide a business class hotel with conference center and active uses including main entrances , lobbies , retail and restaurants on the ground floor. 3 . Residential: A+l-ew Maintain residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals , couples and active seniors who like to live in an active "town center" environment. The residential component of the project shall dedicate the greater of 80 units, or 20% of the total units, as senior housing (in compliance with state and federal law). 4. Office: Encourage Maintain high -quality office space arranged in a pedestrian-oriented street grid with active uses on the ground floor , publicly-accessible streets and plazas/ green space. A minimum of 100,000 square feet shall be set aside for incubator, co -work space and /or multi-tenant spaces for start-ups, mid-sized companies and /or new and emerging technologies, with preference for local companies. 3 12 INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS 5. Public, Quasi-Public, Open Space and Parks: Require property owner(s) to provide generous amounts of parks and open space, educational facilities, community gathering spaces, civic uses, public art, and community event spaces. In addition, the following uses are allowed on the site, although not required: Amenities : Amenities that are complementary or ancillary to any of the permitted uses, such as, but not limited to, cafeterias, lobbies , community halls, or meeting spaces are also permitted. Strategy LU-19.1.5: "Town Center" layout. Create streets and blocks laid out using "transect planning" (appropriate street and building types for each area), which includes a discernible center and edges , public space at center , high quality public realm , and land uses appropriate to the street and building typology . Strategy LU-19.1.6: 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 shall 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. Any project that fully redevelops the existing mall in the Vallco Shopping District shall also fund transportation and transit infrastructure that provides effective traffic solutions, including providing approximately $30 million toward planned transportation improvements at the I-280 and Wolfe Road interchange and other I-280 segments, partnering with local employers and transit agencies to provide a free community shuttle, providing an on-site transit center and/or mobility hub, and implementing a transportation demand management plan with an overall target of reducing office-generated weekday peak hour trips by 30 percent below applicable Institute of Transportation Engineers Office Use trip generation rates. This transportation and transit funding obligation shall not apply to any hotel project. Strategy LU-19.1.7: 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 Rosebowl and Main Street. Strategy LU-19.1.8: 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. Strategy LU-19.1.9: 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. Strategy LU-19.1.10: Gateway character. High-quality buildings with architecture and materials befitting the gateway character of the site. The project should provide gateway signage and treatment. Strategy LU-19.1.11: 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 . 4 13 INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS Strategy LU-19.1.12: 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 high-quality "town center" environment. Strategy LU-19.1.13: Trees. Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible , when new development are proposed . Strategy LU-19.1.14: Neighborhood buffers. Consider buffers such as setbacks , landscaping and /or building transitions to buffer abutting single-family residential areas from visual and noise impacts . Strategy LU-19.1.15: Green Roof and Recycled Water. To further enhance and complement the open space requirements set forth in Strategy LU-19.1.8 and to provide an exceptional community benefit, a publicly accessible green roof is required for the portion of a project that fully redevelops the existing mall within the Vallco Shopping District. The green roof shall be at least 30 acres in size with a minimum of 3.8 miles of publicly accessible trails. To minimize the water demand associated with a green roof, the use of recycled water and drought tolerant and native landscaping that thrives on little to no irrigated water will be utilized. To meet this obligation, future recycled water service shall be extended to the Vallco Shopping District by the developer. These requirements shall not apply to any hotel project. B. Amendments to the Infrastructure Element. Policy INF-2.5 ("Recycled Water Infrastructure") of the Infrastructure Element is amended as follows: Policy INF-2.5: Recycled Water Infrastructure Plan for citywide access to recycled water and encourage its use. Strategy INF-2.5.1: Availability. Expand the availability of a recycled water system through public infrastructure projects and development review. Strategy INF-2.5.2: Use. Encourage private and public projects to incorporate the use of recycled water for landscaping and other uses. Strategy INF-2.5.3: City Facilities. Design and retrofit City buildings , facilities and landscaping to use recycled water, to the extent feasible. Strategy INF-2.5.4: Valko Town Center Specific Plan. Require that any project that fully redevelops the existing mall within the Vallco Shopping District extend the recycled water line to the area covered by the Vallco Town Center Specific Plan and maximize use of recycled water. This requirement shall not apply to any hotel project within the Vallco Town Center Specific Plan area. C. Amendments to Appendix A. Appendix A ("Land Use Definitions") to the General Plan is amended to include the following new land use category: Valko Town Center Specific Plan The Vallco Town Center Specific Plan designation applies to the Vallco Shopping District Special Area, and allows a mix of uses, including retail, restaurant entertainment, residential, office, hotel, public (including civic), quasi-public, 5 14 INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS educational, parks, open space, and amenities. Projects developed under this designation must be consistent with the Vallco Town Center Specific Plan. D . Amendments to the Land Use Map. The existing "City of Cupertino Land Use Map ," a copy of which is attached hereto for informational purposes only at page A-1 of Exhibit A hereto , is amended to redesignate the approximately 58 acre Property from Commercial/Office/Residential to Vallco Town Center Specific Plan , as set forth on page A-3 of Exhibit A. Section 4. City of Cupertino Municipal Code Amendments. The voters hereby amend the City of Cupertino Municipal Code as follows (new language to be inserted into the Municipal Code is shown as underlined text and language to be deleted is shown in strikethrough text; language shown in regular type reflects the existing Municipal Code text and is provided for informational/reference purposes): A new chapter titled "Vallco Town Center Specific Plan (VTCSP) Zone ," is added to Title 19 ("Zoning") of the Municipal Code , as follows: As envisioned by the General Plan, a zoning district entitled the "Vallco Town Center Specific Plan" district (VTCSP) is established as shown on the official zoning district map of City of Cupertino. The VTCSP zoning district implements the Vallco Town Center Specific Plan, incorporated by reference, a copy of which shall be on file in the office of the city clerk. The Vallco Town Center Specific Plan includes architectural and design guidelines, site development standards, public facility improvement plans , environmental design features and other development standards that satisfy zoning code requirements. The standards, guidelines and improvement plans contained in the Vallco Town Center Specific Plan shall govern the VTCSP zoning district. When the Vallco Town Center Specific Plan does not provide specific standards and /or procedures for review, approval and /or administration of development projects, the standards and procedures in this code shall apply, provided, however, that in no event shall application of the standards or procedures in this code frustrate or inhibit development of the Vallco Town Center Specific Plan . Section 19 .16.110 ("Zoning Districts Designated") of Chapter 19 .16 ("Designation and Establishment of Districts ") of Title 19 ("Zoning") the Municipal Code , is amended to add the following Zoning Map Designation and District Name: VTCSP Vallco Town Center Specific Plan. Section 19.156.040 ("Planned Development Permit and Conditional Use Permit-Findings and Conditions") of Chapter 19.156 ("Development Permits , Conditional Use Permits and Variances") of Title 19 ("Zoning") of the Municipal Code , is amended as follows: A. The decision maker may grant a planned development permit or a conditional use permit only if all of the following findings are made: 1. The proposed development and /or use , at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety , general welfare , or convenience ; 2. The proposed development and /or use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan, underlying zoning regulations , and the purpose of this title and complies with the California Environmental Quality Act (CEQA). B . For purposes of granting a conditional use permit to increase residential units within the Vallco Town Center Specific Plan district above the number of units specified in the Housing Element for the Vallco Shopping District Special Area, the conditional use permit shall be granted if the above findings are made. For 6 15 INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS purposes of finding (A)(l), the increase in residential units within the Vallco Town Center Specific Plan district shall be deemed not to be detrimental to the public health, safety, general welfare, or conven ience if there are no new significant and unavoidable impacts beyond those identified in the Environmental Impact Report prepared for the Gen eral Plan : Community Vision 2015 -2040, as to the residential units. Section 20 .04.040 ("Zoning District Applicable to a Specific Plan") of Chapter 20 .04 ("Specific Plans") of Title 20 ("General and Specific Plans") of the Municipal Code , is amended as follows: All areas governed by a specific plan, with the exception of the Vallco Town Center Specific Plan area, shall be zoned as a planned development (P) zoning district under Chapter 19 .48 of the City's Ordinance Code and all regulations governing land use approvals in a planned development zone shall be applicable to specific plans . A proposal for specific plan may be combined with any application for land use entitlements in the City's planned development zoning districts. The existing "City of Cupertino Zoning Map ," a copy of which is attached for informational purposes only at page B-1 of Exhibit B hereto , is amended to change the Property 's zoning from P(Regional Shopping) and P(CG) to VTCSP(Vallco Town Center Specific Plan), as set forth on page B-3 of Exhibit B. Section 5. Adoption of the Valko Town Center Specific Plan. The Vallco Town Center Specific Plan, attached hereto as Exhibit C , is hereby adopted . The full text of Exhibit C commences on page C-1 of this Initiative. Section 6. Implementation of the Initiative. A. Upon the effective date of this Initiative , the City is directed to promptly take all appropriate actions needed to implement this Initiative . This Initiative is considered adopted and effective upon the earliest date legally possible after the Elections Official certifies the vote on the Initiative by the voters of the City of Cupertino . B . Upon the effective date of this Initiative , the provisions of Section 3 are hereby inserted into the General Plan ; except that if the four amendments of the General Plan permitted by state law for any calendar year have already been utilized in the year in which this Initiative becomes effective , the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. C . The General Plan in effect on the date of filing of the Notice oflntent to Circulate this Initiative ("Filing Date"), and the General Plan as amended by this Initiative , comprise an integrated , internally consistent and compatible statement of policies for the City. To ensure that the City 's General Plan remains an integrated , internally consistent and compatible statement of policies for the City , any provision of the General Plan that is adopted between the Filing Date and the effective date of the General Plan amendments adopted by this Initiative shall , to the extent that such interim-enacted provision is inconsistent with the General Plan amendments adopted by this Initiative , be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by the Initiative and other elements of the General Plan. Section 7. Effect of Other Measures on the Same Ballot. In approving this Initiative , it is the voters ' intent to create a comprehensive regulatory plan to govern the future use and development of the Vallco Town Center Specific Plan area. To ensure that this intent is not frustrated , this Initiative is presented to the voters as an alternative to , and with the express intent that it will compete with, any and all voter initiatives placed on the same ballot as this Initiative and which, if approved , would regulate the use or development of property within the Vallco Town Center Specific Plan area in any manner whatsoever (each, a "Conflicting Initiative"). In the event that this Initiative and one or more Conflicting Initiatives are adopted by the voters at the same election, then only that measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or measures shall 7 16 INITIATIVE MEASURE TO BE SUBMITED DIRECTLY TO THE VOTERS be rendered void and without any legal effect. In no event shall this Initiative be interpreted in a manner that would permit its operation in conjunction with any , including the non-conflicting , provisions of any Conflicting Initiative. If this Initiative is approved by the voters but superseded by law in whole or in part by any other Conflicting Initiative approved by the voters at the same election, and such Conflicting Initiative is later held invalid , this Initiative shall be self-executing and given full force of law . Section 8. Interpretation and Severability. A. This Initiative must be interpreted so as to be consistent with all federal and state laws , rules , and regulations. If any section, sub-section, sentence , clause , phrase , part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative , and each section , sub-section , sentence , clause , phrase , part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections , sub-sections , sentences , clauses , phrases , part , or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance , such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid , we the People of the City of Cupertino indicate our strong desire that: (i) the City Council use its best efforts to sustain and re-enact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative , including adopting or reenacting any such portion in a manner consistent with the intent of this Initiative. C. This Initiative must be broadly construed in order to achieve the purposes stated above . It is the intent of the voters that the provisions of this Initiative be interpreted and implemented by the City and others in a manner that facilitates the purpose set forth in this Initiative. Section 9. Amendment. Prior to January 1, 2027 , the provisions of this Initiative , including but not limited to the Valko Town Center Specific Plan that it adopts , can be amended or repealed only by a majority of the voters of the City voting in an election held in accordance with state law. On or after January 1, 2027 , a vote of the people shall not be required to amend or repeal any portion of this Initiative , and this Initiative may be amended or repealed by any procedure otherwise authorized by law. Section 10. List of Initiative Exhibits. The following exhibits to this Initiative are incorporated herein by reference: Exhibit A -Amendment to General Plan Land Use Map Exhibit B -Amendment to Zoning Map Exhibit C-Vallco Town Center Specific Plan Exhibit D -General Plan Consistency Chart 8 17 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT A TO THE INITIATIVE AMENDMENT TO THE CITY OF CUPERTINO LAND USE MAP The "City of Cupertino Land Use Map ," as it exists as of the filing date of this Initiative , is attached for informational purposes only at page A-1 of this Exhibit (the Property is located within the red circle on the map for ease of reference). Page A-2 of this Exhibit provides an enlargement of the portion of the Land Use Map , as it exists on the filing date of this Initiative , that relates to the Property that is the subject of this Initiative (the Property is located within the red circle on the map for ease of reference); it is included for informational purposes only . The City of Cupertino Land Use Map is hereby amended to redesignate the Property from Commercial/Office/Residential to Vallco Town Center Specific Plan as shown on page A-3 of this Exhibit (the Property is located within the red circle on the map for ease ofreference). Page A-4 of this Exhibit provides an enlargement of the portion of the Land Use Map , as amended by this Initiative , that relates to the Property that is the subject of this Initiative (the Property is located within the red circle on the map for ease of reference). 18 r -1 . > I """' I' I~ .... ~ '·· I a C U PERTINO City of Cupertino Land Use Map Legend ~.: CityBoundary • aJ Heart of the Cit:f r _ Specia!CenterBoundanes Cl UrbanServke Arca ~S phereoflflfl1Je:'lce --creu.J; ® HousingElementS1te Residential Land Use Desig n.1tioru Q Very Low D!M:ty(5-20Acrt:.SlopeDt:.iurt-yfonnula) D VuyLow D.<!nsrty (1/2 .a.ere Slope DeMly f or.ncla) D Very Low °'2M'ty{S!.ope Deru tyfor.m.:1&) 0 lnw Deru!ty{l-5DU/Ac.) D lnw Dt:.ru::itJ(1·6DU/Ac )R.e.!"dlo Rinoonada 0 Lo1V / Medium0ensty(5-10DU/Ac.) LJ Medium (10-20DU/Ac.) -Medium / High Deru!ty (20-35 DU /Ac .) -High0emity(>35DU/Ac.) N on-Rl'sidt>ntiaJ Land Use Dt>signations 0 CommerO.tl / Off;~ / Rtsld~'l.ti .?.I -Commen::ial /Residential D O"fice f lndu:1t r1al / Commertiftl / Residenhill D lndurtnal / Rei.duitU.I LJ lndlctriel I Re,idertie.I / Com~2l -Pubbcfacilities c:Jo,iasi-Pubb:/lrut.tut:ooal 1Z':3 Q.:asi-Pubhc / Jruttut;cne.I Overlay 0 P.ut.s and Open Space D Riparian Co nidor D Tmnsparti'l..:in Q eouo'f Mont a V i!la Land U!e Designations 0Res1dert.al (0-44DU/Ac-) CJ Rttidertial (4 4-7.7DU/Ac) 0 Rwdertial(44-12aJ /Ac.) -Resil!ertiB.1 (10.-15DU /Ac ) LJ NetghOOrhoodCommercial /Residential Sites designated S are Priority H ousmg Sites a' identified 1n the adoptedH ou5 1ng Element Commerna.1 an:-as m :ieighborhoods have a tt~identia\ density of15 DU/ AC • N otwithslanding the densities sho1"n abl)ve, situ are designated as Prionty H ou smg S1tes m the adopted H oufing Ele:nent shail have the denHbe5 d 1own in the Housing Element Commercb.l properbe~ in lheH ome$leadSptc1al An!!a except those o n tile South s ide of H omestead between De An'511. and Sb!llmg ha1,1e a density ofl5DU /Ac . ~ '.Z ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > rJJ. c ~ t'!'j ~ 0 eo t'!'j rJJ. c eo ~ ~ ~ ~ t'!'j ~ ~ ~ ~ t'!'j (j ~ r ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ rJJ. 19 L __ J ___ -'--+--- > I N ,.,- J_ __ 1'X> RlH VAil.CO P ARI< SPEOA.L AREA l---a C U PERT INO Legend ~ City of Cupertino Land Use Map City B oundary ••• • ..; Hea rt of the Ci ty y _ S pecia1 CenterBoundaries C Urban S ervice A r ea ~Sphere of In flu ence -Creeks 0 Housing ElementSite Residential Land Use Designations LJ Ve r y Low r::knsity (5-20 Acre Slope Density Formula) LJ VeryLow D:!nsit y (l /2AcreSlope Density Formula) D Very Low ce nsity(Stope Density Formula) LJ L:nvDensity(l-SDU/Ac) D LDw Density {1-6 DU /Ac.)Rancho Rinconada LJ L:iw f MediumDensty (S-lODU/Ac.) LJ Medium (10-20 DU/Ac.) IB Medium f High Density(20-35DU/Ac.) -H igh Density (> 35DU/Ac .) Non-Residential Land Use Designations LJ Cor:nrn.erc:i a.I / Office / Residential -Commercial / Residential LJ Office/ Industrial/ Commercial / Residential LJ Industrial f Residential LJ Industrial / Resi dential / Commercial -Public facilities LJ Quasi-Public/ Insttutiona.1 ~Quasi-Public/ Insti:utiooal Overlay D Pari<s and Open Space LJ RiparianConidor LJ Transportation D County l\.fonta Vista Land Use Designations LJ Residential (0-4-4 DU/ Ac .) LJ Res idential(4.4-7.7DU/Ac .) LJ Residential (4 .4-12 DU/Ac.) -Res idential (1 0-15DU/Ac .) LJ Neighborhoo d Commercial/ Residential S ites designated t:)are Priority H ousing Sites as identified in the adopted Hous ing E lement Commercial areas in neighborhoods have a residentia l density of15 DU/ AC. No t withs ta nding the densities sh own abov e, sites are designated as Priority H ou sing Sites in the adopted Hou sing Element shall have the densities shown in the Housing Element Commer cial properties m of15 D U/ Ac. the Homestea d Spec ial A i·ea excep t those on the So uth side of H omestead between De Anza and S te lling h ave a dens ity lo-( '.Z lo-( ~ lo-( > ~ lo-( < t'rj ~ t'rj > rJl e ~ ~ 0 ~ t'rj rJl e ~ ~ lo-( ~ ~ t'rj ~ ~ lo-( ~ ~ ~ r ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJl 20 r - / > I w r ~ I ~•<I I I ' : Valko To w n Center Specifi c Pl an Legend City of Cupertino Land Use Map 't-CilvBt•undary _t~, '_'-:-ll~rt of the City • Va lko Town Center Specifi c Plan 1·::: S~rial C ent er Boundari~ C Urb.inServke.'\rea ~Sphere of lnfluenre --Cl"\'ekli @ Housing Elt>ment Site Re s ide nti al La nd Us e Desig n a tio ns D \'ery I.ow Dfonr.i 1y (S-20 ACTll'!Slopi' Demity Fonnula) D VP.ry 1,.~w JN.nsity (I /:! A.c.-..SlopP: Demi1r Fonnula) CJ VPr)' I.ow f)t'1ui1y {Sl<'P"' Demily Fonnnta} D Low DemilJ 0 -5 DU / Ac) D Lo w Uaulty (1-6 UU /.;\.c.) ~ocho Rincon-'d<i 0 L<>w /Medium IJeruity(S-HI OU /Ac.) LJ :\li>dinm (I0-20DU/Ac.) -~li>dium / High DPrui1y(:?0-3~·DU /Ac.) -High IJPn1ity (> 3 5 IJU/ . .\<.) N on-Res id enti al Land Use Desig na ti o ns Q Comm<'ffi>ll / Offln• / R~idential -Commc'n:UI / RHidl'flli.U LJ Office. I lnJ1mrfal / C'<'mm<"n:i,ll / RP&idi':nti1.l LJ lndu•tn.tl / Rer.idenliill D lndu.trial / R,.,;idcmia.l / Couuucrcial lm 11ublkFadHlia c::J Qua•i-Public / butitution.tl IZ2I Qud>i-Publk / ln•titutfon.tl Overlay CJ P.1.1-ks and Open Space D Riparian Conidor Drrau .. portatitm LJ county Mo nta V is ta l..a nd Use D es ig n ations D ~ide111i.1J(O-•l.·IDU/ . .\c.) 0 Rf'!.idenlia1('1.4 -i.7DU/A.-.) D Rl'!>idential(·IA-12 OU/A..:.) -R~dcnti.al(l0-1:.DU/Ac.) D Neigh bwhood Cummm.iitl I Ro,_-i.idcntial Sit..:-s designated €)nre Priority Housing Sites as idcntifi.:-d in ttx> ndoptcd Housing Ekmcnt Commercial a r<'c11s in nei5hborhoods hon• a nosident ial density of 15 DU/AC. Notwithstanding thC' deru.ilil'S shown abo,·e, s it<'S are dcsignaled .is Priori ty !-lousing Sites in the adopted I-lousing EIC'm.ent shall have the de1tsilil'S 1>hown in tho! Housine; Elemi'nt Commercial rropertil.'S in t h e l-l oml.'Slead S~ial A rea CXl'<?p l those on the South sid(' of Homestead t>ctwecn De Anz..i and Stelling h.i.ve a density of 15 D U/Ac. lo-( 'Z lo-( i-3 lo-( > i-3 lo-( < M ~ M > 00 c ~ i-3 0 co M 00 c co ~ lo-( i-3 i-3 M ~ ~ lo-( ~ M (j i-3 r ~ i-3 0 i-3 = M < 0 i-3 M ~ 00 21 > I ~ I I _ I r \··· ·- I f I t-...... f ~~...,. J I II CUPERT I NO City of Cupertino Land Use Map Legend • City Boundary ''' _:· i ~ Hea rt o f th e Ci ty r -Special Center Boundaries c:J Urban Service A rea ~Sphere of Influ e n ce --creeks @ Housing Element Site - Res ide ntial La nd Use Des ig n atio n s Va lko Town Center Sp ecifi c Pl a n W Very Lo w Density (5 -20 Acre Slo p e Density Formula) LJ Very Low Density (1/2 Acre Slope Dem.ity Fonnu1a) LJ Vet)' Low Demity (Slope Density Fommla) LJ Low Density (1-5 OU / Ac.) D Low Density (1-6 D U / Ac .) Rancho Rinconada D Lo w / Medium Density (S-10 DU / Ac.) ~ Medium (10-20 DU / Ac.) Ill Meditun /High Density (20-35 DU /Ac.) .. High Density(> 35 DU / Ac.) N o n-Resid e ntial Land U se D esignations CJ Commercia l / Office / Residential -Commercial / Residential LJ Office / lndwtrial / Commen.i a l / Residential LJ [ndustrial / Residential ~ lndm.trial / Residential / Commercial -Pu bli c Facilities LJ Qua!>i-Public / Institutional ~Q u asi -Public / lnstitution al Overlay LJ Parks and Open Space LJ Ri parian Corridor LJ Transportatio n D County Monta V isl'a La nd Use Des ig n atio n s LJ Residential (0-4.4 D U / Ac.) LJ Residential (4.4-7.7 D U/ Ac .) LJ Residential (4.4-12 DU / Ac .) -Residential (10-15 DU/ Ac.) LJ N ei gh borhood Commercial / Re&idential Sites designated G)are Prio rity Housing Sites as identifi e d in t he adopted H o using Element Commercial areas in neig h borhoods have a resid ential density of 15 DU/ AC. Notwithstanding the d e nsit ies shown above, s ites arc d esig nate d as Prio ri ty H o u sing Sites in the adopted Housing Element s h a ll have the d ensities )Wn in the Housing Ele m e nt srn · e H omestead Special A r ea excep t th ose o n t h e South sid e of Homestead b e tween De Anza and Stelling h ave a density Commercial prope rties in tn of JS DU/Ac- Va llco T own Ce nte r Sp eci fi c Pl a n ~ z ~ "'"3 ~ > "'"3 ~ < t_'!'j a: t_'!'j > \JJ e ~ t_'!'j "'"3 0 co t_'!'j \JJ e co a: ~ "'"3 "'"3 t_'!'j ~ ~ ~ (j "'"3 r ~ "'"3 0 "'"3 = t_'!'j < 0 "'"3 t_'!'j ~ \JJ 22 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT B TO THE INITIATIVE AMENDMENT TO THE CITY OF CUPERTINO ZONING MAP The "City of Cupertino Zoning Map ," as it exists as of the filing date of this Initiative , is attached for informational purposes only at page B-1 of this Exhibit (the Property is located within the red circle on the map for ease ofreference). Page B-2 of this Exhibit provides an enlargement of the portion of the Zoning Map , as it exists on the filing date of this Initiative , that relates to the Property that is the subject of this Initiative (the Property is located within the red circle on the map for ease ofreference); it is included for informational purposes only. The City of Cupertino Zoning Map is hereby amended to change the Property 's zoning from P(Regional Shopping) and P(CG) to VTCSP(Vallco Town Center Specific Plan) as shown on page B -3 of this Exhibit (the Property is located within the red circle on the map for ease of reference). Page B-4 of this Exhibit provides an enlargement of the portion of the Zoning Map , as amended by this Initiative , that relates to the Property that is the subject of this Initiative (the Property is located within the red circle on the map for ease ofreference). 23 ~ I ~ /."\ . ' ,, .\ \\_ ', ',, \_ ~ / ,/ !/ \If'''" ;, _Jl ' _/ ).' g~l!la . i • /'' r-·5\\· r~ .... ~\ ~ .;. r· 'if' "----, /_('fl.' ''A~, --;f ·-) '-.. .......... :' ..-1-· --V/ ' ,,-I. -\ ;; -h.~-.; / 1,.,!"-, ' ~--.--: v~ /''I'~ RMS ~ .. --r ~ ··/ \ < .,, ~~-~~r· .. "'-~~ v ·'"v-) \, }', ) _,._ ~-t /..'i I . ' . , .. .,""' \ 'f ~ k PR -\ .......... F, I \_ ia c .. '--Jr'/ \' !7 ~-- \j_ \-~t •. A~15 '--· I ,f r'j ,........_1 ~--~, I ,, I (~ CUPERT I NO 1' {: City of Cupertino Zoning Map , .. .,, , __ . Oty Boundary ~ CG -rg Adopted by by Ordinance 436 :·-··· .. ·Heart of the City Speclnc Plan Area D FP..o Adopted by Ordin ance 1574 BA BQ CG -Ag ricultural Residential . Public Bulldlng -Quasi-Publi c Building . General Commercial Ml -light Industria l MP -Planned Industria l Zone • Mixed Use Pl an ned Development OA/OP . Office /Planned Office P-HotelAdopted by by Ordinance 1368 c::::J Ml-fa: Adopted by Ordinance 350 L-See Master Pl ar\ISpecitic Plan' ...I Conceptual Plan tor der:a Us 8 0 S/PR -Ope n Space /Public Park /ReaeationafZone R1 ·Single F:;wnlfy Residential ~ R1 c -S ingle Family Resid enlial Clu ster R2 . Residential Dup lex RJ . t.1ukiple Fami ly Residential RHS ·Residential Hi llside T ·Transportation Sites designated @ a rc Priority Hous ing Sites as idcntlicd in the adopted Hous in g Element Numbers following zo ning des ignations denote minimum lot sizes divided by one thous and. The "Pre'" designation denotes a prezoned unin corporated area and is colored wfiite. 0 ~ z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > \fl e ~ t'rj ~ 0 ~ t'rj \fl e ~ ~ ~ ~ ~ t'rj ~ ~ ~ t'rj n ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ \fl 24 P(MP) co I N City of Cupertino II C U PERTIN10 Zoning Map ···-: '·-i-·A1 BA BQ m CG ML MP p -City Boundary -Heart of the City Specific Plan Area -Agricultural Residential -Public Building -Quasi-Public Building -General Commercial -Light Industrial -Planned Industrial Zone -Mixed Use Planned Development -Office I Planned Office D D D L-:, OA/OP l::Jos/PR l::JR1 C:JR1C -Open Space I Public Park I Recreational Zone -Single Family Residential -Single Family Residential Cluster R2 -Residential Duplex R3 -Multiple Family Re s idential -Residential Hillside -Transportation CG-rg Adopted by by O rdinance 436 FP-o Adopted by Ordinance 1574 P-Hotel Adopted by by Ordinance 1368 ML-fa: Adopted by Ordinance 350 See Master Plan/Specific Plan/ Conceptual Plan for details Sites designated @ are Priority Housing Sites as identified in the adopted Housing Element Numbers following zoning designations denote minimum lot sizes divided by one thousand. The "Pre" designation denotes a prezoned unincorporated area and is colored white. 0 ~ z ~ ~ ~ > ~ ~ < trj ~ trj > 00 e ~ ~ 0 co trj 00 e co ~ ~ ~ ~ trj ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = trj < 0 ~ trj ::i= 00 25 / ~ I ~ -•, • ·.:t-~ ' ·I) 1 i' ?i';.; ~ .... , '· "~~ RHS .... l, \...., · .. j-. . -.. .... \ .._ A·21 6 I I '- ·' ,a n ~·· 11 ,..ur'-,. ... ff; ~ J·l l::-'"' .,. _ ... ·' .... - -_..:._, """' . ... t:,;. .. l •t ... ~·· .. ·: ... ~' •,(tj' If t-.:: I :· -' .... :_:, El City of Cupertino C U Pl!RT I NO Zoning Map -City Boundary CG-rg Adopted by by Ordinance 436 -Heart of the City Specific Plan Area D FP-<i Ad opted by Ordinance 1574 -Agricultural Residential -Publ ic Building -Quas i-Public Building -Gene ral Commercial -Light Industrial -Pl anned Industrial Zone -Mi xed Use Plannod Development OAIOP -Office I Pl anned Office __ P-Hotel Ado pted by by Ordinance 1368 [:=J ML..fa : Adopted by Ordinance 350 f -See Master Plan/Specific Plan/ Conceptual Pl an for details -VTCSP Vallco Town Center Specific Plan ic~~PR -Open Space J Public Park I Recr eatio nal Z one R1C R2 R3 RHS T -Sing le Family Residential -Single Family Re sidential Cluster -Res idential Duplex -Multiple Family Residential -Residential Hill side -Transportation Sites designated @ are Priorrty Housing Sites as identified in th e adopted Housing Element Numbers following zoning designalions denote minimum lot sizes divided by one thousand. The "Pre" designa tion denotes a prezoned unincorporated area and is cok>red white. 0 ~ z ~ ~ ~ > ~ ~ < trj ~ trj > rJ). d ~ trj ~ 0 ~ trj rJ). d ~ ~ ~ ~ ~ trj 0 0 ~ ~ trj (] ~ r ~ ~ 0 ~ = trj < 0 ~ trj ~ rJ). 26 co I """ ()("-4. P(CG , I'd!-, OA)· ~l _,. -L~· ,......., l.. _,,, Awf\ .-- City of Cupertino II CUPE RT I NJO Zoning Map (··-: ·-· ...... • • ;-:: -BQ CG -City Boundary -Heart of the City Specific Plan Area -Agricultural Residential -Public Building -Quasi-Public Building -General Commercial -Light Industrial -Pl anned Industrial Zone -Mix ed Use Planned Development -Office I Planned Office D D L-:. CG-rg Adopted by by Ordinance 436 FP-oAdopted by Ordinance 1574 P-Hotel Adopted by by Ordinance 1368 ML-fa : Adopted by Ordinance 350 See Master Plan/Specific Plan/ Conceptual Plan for details VTC SP Vallco Town Center Spe ci fi c Plan -Open Space I Public Park I Recreational Zone -Single Family Residential R1C -Single Family Resid ential Cluster R2 -Residential Duplex -Multiple Family Resid ential -Res identia l Hillside -Transportation Sites des ignated@ are Pr i ority Housing Sites as identified in the adopted Housing Element Numbers following zoning designations denote minimum lot sizes divided by one thousand. The "Pre" designation denotes a prezoned unincorporated area a nd is colored white. 0 ~ '.Z ~ io-3 ~ > io-3 ~ < ~ 3: ~ > rJ'J. d ~ io-3 0 co ~ rJ'J. d co 3: ~ io-3 io-3 ~ 0 0 ~ ~ () io-3 r ~ io-3 0 io-3 = ~ < 0 io-3 ~ ~ rJ'J. 27 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT C TO THE INITIATIVE V ALLCO TOWN CENTER SPECIFIC PLAN 28 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS -- C-1 29 ("'.} I N THE VISION The vision for the Vallco Town Center Specific Plan is to revitalize the aging and outdated indoor mall within the new Plan Area into a vibrant, sustainable, walkable and safe Town Center neighborhood with a mix of retail, dining entertainment, recreation, employment, housing, open space, education and community uses, and integrate an innovative 30- acre Community Park and Nature Area for all Cupertino residents and visitors to enjoy. EXECUTIVE SUMMARY VALLCO TOWN CENTER SPECIFIC PLAN ~ VALLCO TOWN CENTER SPECIFIC PLAN I ES-1 ,.... ~ ,.... ~ ,.... > ~ ,.... < t'rj ~ t'rj > 00 e ~ ~ 0 to t'rj 00 e to ~ ,.... ~ ~ t'rj ~ ~ ,.... ~ t'rj ("'.} ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ 00 30 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS z s a.. ~ lL 0 Ll.J a.. U) "" Ll.J >-I- "" z <{ Ll.J :;:: u z :;:: 5 :::J 0 U) I- Ll.J 0 > u -_, I- _, <{ :::J > u Ll.J N x .;., Ll.J Ll.J C -3 31 ('] I ,,.. EXECUT IV E SU MMARY For more than two decades, the shopping mall at Vallco (Mall) has experienced continuous failures due to the changing retail landscape, its outdated traditional indoor mall style and its disadvantageous location within the trade area of two nearby mall powerhouses. Every community aspires to ha ve a physical place that distills and embodies the va lues of its past and aspirations for its future. Implementation of the Vallco Town Center Spec ifi c Plan (the Specific Plan) will help create just such a place . It will create both a vibrant mixed- use Town Center -the social heart of Cupertino's emerging downtown - and a vast rooftop Community Park and Nature Area inspired by the natural ecology of the Cupertino foothills and the historically native vineyards and orchards that were once prevalent and a hallmark of this Valley area. It w ill uniquely connect landscape, buildings, and infrastructure and infuse them with the best qualities of life in Cupertino. This Specific Plan has been designed to comply with and fulfill the goals and policies of Cupertino's General Plan. The Specific Plan was developed with the understanding that the indoor, retail only experience at the Mall is no longer viable in the market and no longer reflecti ve of the community it is supposed to serve . The Plan responds to the wishes and wisdom of the community and City Council to revitalize the Va llc o Shopping District Special Area (the Specific Plan Area or Plan Area) and ensure its success for future generations. It w ill create spaces that nurture vibrancy and encourage relaxation. It will embrace forward thinking innovation w hile respecting historical stewardship . It finds a balance between a modern need for technology and an eternal need for nature. By celebrating local strengths , the Specific Plan envisions a global reach. EXECUTIVE SUMMARY VALLCO TOWN CENTER SPECIFIC PLAN I ES-3 ,..... 2 ,..... ~ > ~ ,..... < M ~ M > rJJ e ~ ~ 0 ~ M rJJ e ~ ~ ,..... ~ ~ M ~ ~ ,..... ~ M ('] ~ t'-i ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 32 EXECUTIVE SUMMARY (j I Ut ES -4 I VALLCO TOWN CENTER SPECIFIC PLAN The focus of this Specific Plan is planning for the rede velopment of the Mall property, w hich includes Blocks 1 through 12 (the To w n Center, also know n as To w n Center/Community Park), and the potential future development of Block 14. It en visions turning an outdated , failed shopping mall into a new mi x of retail , dining , entertainment, sports , education , ci v ic, employment, housing (including senior housing), open space , ci vic and community uses. It al so encourages development by a master developer to remove the obstacles to the development of a cohesi ve district w ith the highest le vels of design , as described in the General Plan. The Specific Plan combines a vibrant mixed-use To w n Center w ith an expansi ve Community Park and Nature Area that extends o ver the t o p of the built en vironment w ith a unique horizontal and vertical interface. In support of a true mi xed-use and traditional tow n center form , this Specific Plan w ill help create a high-quality development through careful design of the public squares , programming for community venues , and the prov ision for a host of special amenities and entertainment venues such as a multiplex movie theater, a bow ling alley , an ice skating rink(s), and market hall. Synthesizing the community input and the aspirations of the General Plan to create a mi xed-use To w n Center, this Specific Plan is concei ved around the core elements essential for creating a vibrant community life - a program that begins w ith the ambience of the streets and public squares , and extends throughout all venues; supporting real connections between residents , employees , businesses, students and visitors. It w ill prov ide w alkable streets , parks and open space areas that allow for social encounters , places to sit and take in the da y, and settings that accommodate all of the community: families , friends, and indi v iduals of all ages. ~ ~ ~ ~ > ~ ~ < M ~ M > \Fl e ~ ~ 0 co M \Fl e co ~ ~ ~ ~ M IO IO ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \Fl 33 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS >-..,., <>:'. .;, <( LI..J ~ z ~ s ::i a_ if) u LI..J u:: > 0 >-LI..J a_ ::i if) u <>:'. LI..J LI..J >-x z LI..J LI..J u z 3: 0 >- 0 u -' ~ C-6 34 (") I -....1 EXECUTIVE SUMMARY The sustainability goal for the To w n Center is LEED Platinum or an equivalent standard recognized as the highest level of en vironmentall y conscious construction. The 30-acre Community Park and Nature Area w ill improve natural resource efficiency in many ways including b y reducing the existing urban heat island effect , improv ing public health , minimizing w ater run-off, capturing rain w ater for irrigation , improving w ater and air quality, improving energy efficiency of the buildings , and promoting ecological biodiversity . It proposes a model for sustainable human development by sharing symbiotic resources and merging di verse energy strategies to create a rene w able and self-generating , human- inhabited ecosystem . To meet the w ater demand associated w ith a green roof, the use of recycled w ater for nati ve and drought tolerant landscaping that thri ves on little to no w ater w ill be utilized . Water conse rv ation efforts w ill also include the extension of the recycled w ater line from Sunnyvale to the Plan A rea in partnership w ith many public stakeholders and on-site storm w ater capture and reuse for irrigation of the streetscape plantings , To w n Square and Community Park and Nature A rea. Water conservation efforts w ill also include the extension of the recycled w ater line from north of 1-280 to the Plan Area, in partnership w ith public stakeholders. Design features identified in this Specific Plan w ill connect the Plan A rea w ith the broader neighborhood and City of Cupertino . This includes an extension of the Specific Plan road w a y network aligned w ith adjacent roadw a ys, an expansi ve streetscape along North Wolfe Road and Ste vens Creek Boulevard , and connections w ith area-w ide bikeways. It w ill prov ide significant traffic solutions , including spearheading and substantial funding tow ard the rebuilding and w idening of the North Wolfe Road / 1-280 bridge and interchange as well as other free wa y improvements , the implementation of intersection and signal timing improvements , and a free community shuttle for Cupertino residents. It w ill also include significant pedestrian and bicycle improvements both o n and off-site as w ell significant transit improvements including a Mobility Hub and separate Transit Center. Implementation of this Specific Plan w ill also create a net positi ve impact on the already w orld-class schools in Cupertino. For example , a new l 0 ,000 square foot, turn-ke y High School Science & Engineering ES-6 I VALLCO TOWN CENTER SPECIFIC PLAN Innovation Center w ill be located w ithin the Plan Area for use by the local high school district . This flexible, multi-use space w ill be used by district high school students to build projects together w hile collaborating w ith members of the greater community . The Specific Plan also calls for similar extraordinary benefits and positi ve impacts for elementary and middle school students as described in Chapter 3: Community Benefits . ~ z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJl e ~ ~ 0 ~ t'rj rJl e ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ t'rj (") ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJl 35 ~ I QO Table of Contents Introduction ....................................................... 1-1 1 .1. 1.2. 1 .3 . Specific Plan Setting . l -l Specific Plan Organization ... .. ............................. l -4 Specific Plan Authority ..................................................... l -5 1.4. Intent of Specific Plan ....................................................... 1-5 1.5. Relationship to Existing Plans & Policies .............................. 1-6 l .6. Background & Context ............................... .. .. .. l -12 2 Land Use & Development Standards .................... 2-1 2.1. Land Planning Context .. .... ............. .... .... .. .. .. . .. ............ 2-1 2.2. To wn Center Objectives ................................................... 2-4 2 .3 . Land Use Plan ................................................................. 2-6 2 .4 . Land Use and Zoning ................................................... 2-24 2 .5 . De velopment Sta ndard s ............ .. .. ...... 2 -36 2.6. Permitted , Conditional & Exel uded Use s ......... . .. .. 2-49 2 .7 . General Pro visions ......... . ................... 2-56 3 Community Benefits ........................................... 3-1 3.1. Introduction .................................................................... 3-1 3.2 . 3.3 . 3.4. 3 .5. 3 .6 . Civic Benefits .................................................................. 3-1 Education Benefits .... . . ....................... 3-2 Housing Benefits ............................................................. 3-4 Land Use and City Re ve nue Benefits ...... .. .. ............ 3-4 Mobility and Connectivity Benefits .......... .. . ................ 3-4 3 .7. En vi ronmental Design Feature Benefits .............................. 3-5 4 5 6 7 TABLE OF CONTENTS 3 .8. Community Benefit Timing .............................................. 3-5 Mobility & Connectivity ....................................... 4-1 4.1. Introduction ................................................................... 4-1 4.2 . Pedestrian and Bic ycle Mobility ........................................ 4-2 4.3. Public Transit ........................... . .. ........................ 4-15 4.4 . Vehicu lar Circulation .............. . 4-17 4.5. Street Network and Hierarchy ........................................ 4-19 4 .6 . Off-Site Transportation Improv ements ............................ 4-32 4 .7. Transportation Demand Management Strategies .............. 4-33 Sustainable & Smart City Strategies ..................... 5-1 5.1. Introduction ................................................................... 5-1 5.2. Sustainable and Smart C ity Strateg ie s. .. ...................... 5-2 Infrastructure & Public Facilities ........................... 6-1 6 .1 . Introducti on .................................................................. 6 -1 6.2. Storm Drainage & Water Quality Management ................. 6 -1 6 .3 . Potable , Fire & Recvcled W ater ..... . ............... 6-4 6.4 . Wa ter Supply & Demand ............................................. 6-6 6.5 . Wastewa ter Treatment & Conveyance .............................. 6 -8 6.6. 6.7. Dry Utilities ........... .. .. .................... 6-10 Solid W aste & Rec ycling ........................... .. .. .. 6-10 Landscaping & the Public Realm .......................... 7-1 7.1. lntroduction .................................................................. 7-1 7.2. Tree Retention and Replanting Plan ................................... 7-4 7.3. Community Park and Nature Area ............ . ... 7-5 7.4. Planting and Irrigation ..................................................... 7 -9 VALLCO TOWN CENTER SPECIFIC PLAN l -i J-o( '.Z J-o( ~ J-o( > ~ J-o( < M ~ M > rJ'l e ~ M ~ 0 ~ M rJ'l e ~ ~ J-o( ~ ~ M 0 0 J-o( ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ'l 36 I I TABLE OF CONTEN T S 8 Town Center Design Guidelines .......................... 8-1 8.1 . lntroduction ..................................................................... 8-1 8 .2. Town Center Design Guiding Principles ............................. 8-2 8 .3 . Streetscape Guide li nes ..................................................... 8-3 8.4. Sit e and Bu il ding Design Guide lines ................................ 8-15 8 .5. Signage and Wayfinding ................................................ 8-18 9 Administration, Implementation & Financing ........ 9-1 9.1 . Administration ................................................................ 9-1 9 .2 . Relationship to Other Governing Documents ..................... 9 -2 9 .3 . Entitlements ................................................................... 9-2 9.4 . Master Si te De velopment Permit and Architectural and Site Revie w ...................................................................... 9-4 (j 9 .5 . Substantia l Conformance and Amendments ....................... 9-6 I "° 9 .6 . Construction Sequencing .................................................. 9-8 9.7 . Financing a nd Maintenance of Publ ic Improvements ......... 9-11 9 .8. Financing Plan ............................................................... 9-13 9 .9 . Enviro nmental Design Features ....................................... 9-14 Appendices A -En vi ronmental De sign Features ii I VALLCO TOWN CENTER SPECIFIC PLAN ~ z ~ ~ ~ > ~ ~ < tr1 ~ tr1 > r:JJ. e ~ tr1 ~ 0 ~ tr1 r:JJ. e ~ ~ ~ ~ ~ tr1 ~ ~ ~ ~ tr1 (j ~ ~ ~ ~ 0 ~ = tr1 < 0 ~ tr1 ~ r:JJ. 37 ("') I ~ 0 List of Fig ure s Figure 1 -1: Specific Plan Location .................................................. 1-2 Figure 1-2 : Specific Plan Area ....................................................... 1-2 Figure 2-1: Plan Area Blocks ......................................................... 2-2 Figure 2-2 : Plan Area Rooftop Pavilions .......................................... 2-3 Figure 2-3: Illustrative Va llc o Town Center Concept Plan .................. 2-7 Figure 2-4: Conceptual Community Park and Nature Area ............... 2-8 Figure 2-5: Conceptual View of the Val lco Town Center Lo ok ing East on Ste ven's Creek Boulevard .............................. 2-16 Figure 2-6: Conceptual View of the Va llco To w n Center Looking North from Ste ve n Creek Boulevard on A Street ........... 2-17 Figure 2-7: Conceptual View of the Vallco Town Center Looking North in Tow n Square West ....................................... 2-18 Fi gure 2-8: Conceptu a l View of th e Va llco Town Cen ter Looking South into the Town Square West ............................... 2-19 Figure 2-9: Conceptu a l View of the Community Park and Nature Area -Vineyards ........................................................ 2-20 Figure 2-10 : Conceptu al View of the Community Park and Nature Area -Playground and Oak Grove ............................. 2-21 Figure 2-11: Conceptual View of th e Community Park and Nature Area -Walking Trails ................................................ 2-22 Figure 2-12: Conceptual View of the Community Park and Nature Area -Wine Garden .................................................. 2-23 Figure 2-13: General Plan Land Use Map As Amended by Initiative .......................................................................... 2-26 Figure 2-14: Zoning As A mended by Initiati ve...... . ..................... 2-27 Figure 2 -l 5a : Town Center Districts .............................................. 2-28 Figure 2 -l 5b: Community Park and Nature Area Di strict ............... 2-29 Figure 2-16: Active Use Street Frontages ....................................... 2-38 TABLE OF CONTENTS Figure 2-17: Privacy I Planted Facades ........................................ 2-39 Figure 2-18 : Bui lding Setbacks Fr om Public Roadways .................... 2-41 Figure 2-19 : Bui lding Se tbacks from Ad jacent Neighborhoods ....... 2-42 Figure 2-20: Building Height ........................................................ 2-44 Figu re 4 -1: Conceptua l Pedestrian Connectivity Plan ........................ 4-4 Figure 4 -2: Conceptual Pedestrian Access Points -Street Le ve l .......... 4-5 Figu re 4-3: Conceptual Pedestrian Access Points -Roof Level .......... 4-6 Figure 4-4: Conceptual Bicycle Connectiv ity Plan ............................. 4-8 Figure 4-5: Conceptual Perimeter Bikeway and Pedestrian Trail - Typical ................................................................................... 4-9 Figure 4-6: Propose d Off-Site Pedestrian /Bike Connectivity Improvem ents ...................................................................... 4-1 1 Figure 4-7: Conceptua l Transit Circulation Pl an ............................. 4-16 Figure 4-8: Conceptual Vehicle Access Plan ................................. 4-18 Figure 4-9a : Conceptual Street Network and Hierarchy .................. 4-20 Figure 4 -9b: Conceptu al Street Network and Hierarc hy ................. 4-21 Figure 4-1 Oa : Retail /Ent ertainme nt Streets -Typica l ....................... 4-22 Figure 4-1 Ob: Retail /Entertainment Streets -Conceptu al View ........ 4-23 Fi gure 4-11: Retail /Office Streets -Typica l ................................... 4-24 Figure 4-12 : Entrance St reets -Typical ......................................... 4-25 Figure 4-l 3a: Mun icipa l Streets -Stevens Creek Boulevard ........... 4-26 Figure 4-l 3b: Conceptual View of Stevens Creek Bo ule vard Streetscape ........................................................................... 4-27 Figure 4-l 4a: Municipal Stre ets -North Wolfe Road ..................... 4-28 Figure 4-l 4b: Conceptual View of North Wol fe Road Streetscape ........................................................................... 4-29 Figure 4-1 Sa : Municipal Streets -Va llco Park way..................... . 4-30 Figure 4-l 5b: Conceptual Vie w of Vallco Park way Streetscape ....... 4-3 1 VALLCO TOWN CENTER SPECIFIC PLAN I-iii ~ 2 ~ ~ ~ > ~ ~ < ~ ~ ~ > r.n e ~ ~ ~ 0 co ~ r.n e co ~ ~ ~ ~ ~ t;; t;; ~ ~ ~ ("') ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ r.n 38 (j I Joo-" Joo-" I I TABLE OF CONTEN T S Figure 6 -1 : Conceptual St o rm water Management Plan .................... 6-2 Figure 6 -2 : Conceptua l Domestic Water Se rv ice Plan ...................... 6-5 Figure 6 -3 : Concept ua l W aste water Plan ........................................ 6-9 Figure 7-1 a : Hi storic Natural Santa C lara Vall ey Land scape ............. 7-2 Figure 7 -1 b: Cu ltu ra l Natural Santa Clara Valley Landscape ............ 7 -3 Figure 7-2 : C o nceptual Trail Netwo rk ............................................ 7-6 Figure 7-3 : Commun ity Park and Nature Area ................................. 7-8 Figure 7 -4: Typical Roof Planting Cross Section ( 15 % Slope) .......... 7 -11 Figure 7 -5 : Pro posed Street Trees ................................................ 7 -1 7 Figure 7-6a: Green Ro of Landscaping Palette - Fall and W inter .................................................................... 7 -18 Figure 7 -6b : Green Ro of Land scaping Palette - Spring and Summer ............................................................... 7 -19 Figure 9-1 : Construction Sequencing ........................................... 9 -10 List of Tables Table 2-1 : Land Use Summary .................................................... 2 -14 Table 2 -2 : Permitted , Co nditio na l & Exc luded Uses ........................ 2-50 Table 6-1: Service Pro viders ..... ............................. 6-1 Table 6 -2: Project ed Valko To w n Center Spec ific Plan Water Use .............................................................................. 6-6 Table 6-3 : Multiple D ry Year Period (4 years): Demand and Suppl y C o mpari son (A cre Feet) ...................................... 6-7 Ta ble 9-1 : Improv ements and Financing ...................................... 9-13 iv I VALLCO TOWN CENTER SPECIFIC PLAN ~ '-2! ~ ~ > ~ ~ < M ~ M > \fl ('j ~ ~ 0 ~ M \fl ('j ~ ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \fl 39 (j I ~ N INTRODUCTION This chapter explains the purpose of the Specific Plan; background; planning process and entitlements; guiding principles; organization of the Specific Plan; authority to prepare; relationship to existing plans and policies; local and regional context and setting. ~ z ~ ~ ~ > ~ ~ < M ~ M > 00 ('.j ~ M ~ 0 co M 00 ('.j co ~ ~ ~ ~ M 0 0 ~ (j ~ r ~ ~ 0 ~ = M < 0 ~ M ~ 00 40 (j I ~ w 1.1. Specific Plan Setting As sho w n in Figure 1-1: Specific Pla n Location and Figure 1 -2: Specific Plan A rea , the Vallco To w n Center Specific Plan is a 58-acre planning area (Plan Area) located in the City of Cupertino betw een 1-280 and Ste vens Creek Boulevard and is intersected by North Wolfe Road. The Plan Area has been identified in the City of Cupertino Community Vision 2015-2040 General Plan (2015) (General Plan) for complete rede velopment into a vibrant mixed-use To w n Center. The General Plan calls for the Plan Area to serve as a focal point for regional v isitors and the community as a destination for shopping , dining and entertainment in the Santa Clara Valley . General Plan Policy LU-19. l calls for the preparation of a specific plan {henceforth referred to as the Vallco To w n Center Specific Plan or Specific Plan) prior to any de velopment to specify the land uses , design standards and guidelines , and infrastructure improvements required to se rv e the Plan A rea. INTRODUCTION I l VALLCO TOWN CENTER SP ECI FIC PLAN I 1-1 lo-I z lo-I ~ lo-I > ~ lo-I < ~ a;: ~ > rJ). e ::0 ~ ~ 0 co ~ rJ). e co a;: lo-I ~ ~ ~ ~ ~ lo-I ~ (j ~ ~ ~ ~ 0 ~ == ~ < 0 ~ ~ ::0 rJ). 41 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS z c ::s 0 CL '.+= u 0 u: u 0 0 w ....J CL c V> ""' 0 tJ.J z a: r z 0 u w t+= u r ·u z u Q) s a.. ::i U') 0 0 r 0 0 ~ ""' . u r -' ~ z Q) '-::> 0) ~ u:::: C-14 42 (j I ~ Ul Figure 1-2 : Specific Plan Area ..-1 -I -J -I -J -I -"I -I -·1 --r-t -I -1 -I -I -I .. I -I. ..--) -j E Street I i --.--- I ' I ~ <\i j\ ~ i / ;1 i i j 1 / .. _, , i i i i ' '~, ;"Qj 8 ~: 10 D Street Tow n Sq ua re East _CStreet I , I 1..----7 ---.I I I I I I INTRODUCTION I l Le_\'.l.en d C : : :I Va llco Town Cente r Sp e c ific Pla n Area Note: Figure is not lo scale NEB i i N. Wol fe Road ··-·-·-·-·-·-·-·-·-·-·-1-·-·-·· _,l' ; ,//---LI · I 1. I 5 I I · l ~D , ' I CV C1J ' ~ j ' / :~ .Ji B Streef ---r ~n ,/ r ________ :------·j " i01 ' 1·i·1 ' I To·:v:""" I ' l ~LJ _/ "------~-.-~~~~~-.-~~=~~-,::_,_·-·-·-·-·-·-·-·-·-~;·'"! 11 11 I ~·-·-·-·-·,-·-·" I l l l 'I l ~ I I I I -I "E l 0 -~I :::J - "2 1 ~i Ll i ~ ?;>I QJ - 1 Vi l I i I I I --~·-·-·-·-·-·-·-·-·-·-·-·-·-·-i-·-·~·~!~·~·· VALLCO TOWN CENTER SPECIFIC PLAN i 1-3 I<-'( z I<-'( ~ I<-'( > ~ I<-'( < t'!'j ~ t'!'j > \JJ. c ~ ~ 0 co t'!'j \JJ. c co ~ I<-'( ~ ~ t'!'j 0 0 I<-'( ::0 t'!'j (j ~ r ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ::0 \JJ. 43 (j I """' O'\ l I INTRODUCTION 1.2. Specific Plan Organization The Specific Plan is organized with the following chapters and content. Chapter 1 -Introduction This chapter explains the purpose of the Specific Plan; background; planning process and entitlements; guiding principles; organization of the Specific Plan; authority to prepare; relationship to existing plans and policies; local and regional context and setting. Chapter 2 -Land Use and Development Standards This chapter explains the conceptual land use plan for the Plan Area; identifies the Specific Plan objectives, describes the land use zoning districts and development standards, and describes the permitted, conditional, and excluded land uses. Chapter 3 -Community Benefits This chapter explains the Plan Area will provide extraordinary community benefits, including a 30-acre Community Park and Nature Area that is irrigated by recycled water, approximately $40 million in benefits to the local schoo l districts, as we ll as senior housing, and transit and transportation infra structure. Chapter 4 -Mobility & Connectivity This chapter describes the mobility for all users including veh icles , bicycles, and pedestrians. It includes the circulation and streetscape design including the roadway hierarchy and proposed mobility and connectivity plans. Chapter 5 -Sustainable & Smart City Strategies This chapter explains how the Plan Area w ill focus on sus tainability and innovation to create a more li vab le , resilient, and smarter city. Chapter 6 -Infrastructure & Public Facilities This chapter describes the plan for infrastructure and utility needs (e.g., water, sewer, recycled water), as we ll as public serv ices {i.e., sheriff, fire, schools, library, and o ther civic amenities) for the Plan Area . 1-4 I VALLCO TOWN CENTER SPECIFIC PLAN Chapter 7 -Landscape & the Public Realm This chapter describes the landscape design principles and concepts for the parks, streetscape, and public gathering spaces. It also includes a discussion regarding the landscaping plant materials. Chapter 8 -Town Center Design Guidelines This chapter explains the Town Center design principles and establishes a set of guidelines for development w ithin the Plan Area . These guidelines address streetscape, site and building design, and signage and wayfinding. Chapter 9 -Administration, Implementation, and Financing This chapter discusses the development review procedures by the City of Cupertino applicable to the Specific Plan. A process for modifications and amendments to the Specific Plan is discussed, as we ll as financing for implementation o f the Specific Plan. Note: The illustrative examples included in this Specific Plan, including graphic illustrations, renderings, and photos, are illustrative only, meant to convey concepts and intent of the Plan. ~ z ~ ~ ~ > ~ ~ < t'1'j ~ t'1'j > rJJ. e ~ t'1'j ~ 0 ~ t'1'j rJJ. e ~ ~ ~ ~ ~ t'1'j ~ ~ ~ ~ t'1'j (j ~ ~ ~ ~ 0 ~ = t'1'j < 0 ~ t'1'j ~ rJJ. 44 ~ I '"""' -.....l 1 .3. Specific Plan Authority The Specific Plan is authorized by California Government Code sections 65450 through 65457. This la w authorizes adoption of a specific plan for the systematic implementation of an area covered by a local general plan . This Specific Plan implements the goals and policies of the City of Cupertino General Plan (the General Plan), serves as an extension of the General Plan, and can be used as both a policy and a regulatory document. The purpose of this Specific Plan is to implement the v ision by providing goals, policies, programs, development standards, and design guidelines to direct future development w ithin the Plan Area. 1.4. Intent of Specific Plan The ov erall purpose of the Specific Plan is to implement the General Plan and facilitate the complete rede velopment of the Plan Area into a vibrant mi xed -use "Town Center" that w ill become a destination for shopping , dining and entertainment integrated w ith working and li v ing en vironments in the Santa Clara Valley, consistent w ith the vision and policies as described in the General Plan . This Specific Plan ensures the creation of a high-quality neighborhood through the ambience of the streets and public squares , generous community venues , amenities of a market hall , a mov ie theater, and recreational facilities, enhanced side w alks , bicycle lanes, and transit facilities . The Specific Plan focuses on the unique needs of the Plan Area . To that end , the Specific Plan is intended to achieve the follow ing : • Ensure consistency w ith the General Plan by carrying out its applicable goals, policies , and requirements , in coniunction w ith the Vallco To w n Center Specific Plan Initiative (Initiati ve). INTRODUCTION I 1 • Implement the General Plan requirements that the Specific Plan establish the building improvements , infrastructure, recreational features, and other identified facilities , services, and amenities (collecti vely , the Plan dev elopment features) and shall be guided by the standards and guidelines provided by this Specific Plan. • Ensure that any potential impacts associated with the Specific Plan are eliminated through the implementation of Appendix A: En vironmental Design Features . • Pro vide for the improvements necessitated by the development within the Plan Area. • Comply w ith all requirements of Specific Plan la w, including the prov ision of financing . The Specific Plan , a local legislati ve document, will achie ve the purposes set forth above, and se rv e as the zoning for the property and land uses w ithin the boundary of the Plan Area. VALLCO TOWN CENTER SPECIFIC PLAN j 1-5 ~ '.Z ~ ~ > ~ ~ < t"!'j ~ t"!'j > rJJ. e ~ ~ 0 co t"!'j rJJ. e co ~ ~ ~ ~ t"!'j ~ ~ ~ ~ t"!'j ~ ~ r ~ ~ 0 ~ = t"!'j < 0 ~ t"!'j ~ rJJ. 45 (j I ~ 00 l I INTRODUCTION 1.5. Relationship to Existing Plans & Policies 1.5.1. City of Cupertino Community Vision 20 15 -2040 General Plan (20 15) On December 4, 2014, the City Council formally adopted an amended General Plan for Cupertino known as Community Vision 2040 (the General Plan). On May 19, 2015, the City Council adopted an updated Housing Element, and on October 20, 2015, the City Council adopted minor amendments to the language to the Community Vision 2040 including a change in the name of the document to General Plan: Community Vision 2015 -2040. This vers ion , as amended, serves as the basis for the preparation of this Specific Plan . The General Plan is a State-mandated document and provides the v ision for Cupertino's futu re growth and development. It sets the City's policy direction in a number of areas including land use, mobility, housing, open space, infrastructure, public health and safety, and sustainability through specific goals, policies, and strategies. The General Plan addresses key challenges and opportunities facing Cupertino in the following ways : • Planning for chang ing demographics; • Local and regional land use planning and collaboration; • Integrating community health into land use planning; • Land use and economics; • Urban design , form and character; • Preservation of natural environment and hillsides; and • Economic v itality and fiscal stability. The General Plan is o rganized into 21 General Plan "Planning A reas ," consisting of nine "Spec ial Areas" and 12 "Neig hborhoods ." Prior to the Va llco Town Center Specific Plan Initiati ve, whic h adopts this Specific Plan, the Plan Area was designated as Commercial/Office/Residential on the General Plan Land Use Map. This designation applies to mixed-use areas that are predominantly commercial and office uses. Supporting residential uses may be allowed to offset job growth, better balance the 1-6 I VA LL CO TOW N CEN TER SPECI FI C PLAN ~ :z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > 00. e ~ ~ 0 co t'rj 00. §S ~ ~ ~ ~ t'rj ~ ~ ~ ~ t'rj (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ 00. 46 n I ~ \0 citywide iobs to housing ratio and w hen they are compatible with the primarily non-residential character of the area. De ve lopment, both residential and non-residential , is subiect to the numerical caps and o ther policies in the City's General Plan. As described in in the General Plan Figure LU-1 (Community Form Diagram), the General Plan permits up to 35 dwelling units per acre in the Plan Area . In compliance w ith the General Plan , building heights and setbacks are to be determined as part of the Specific Plan. The General Plan identifies a citywide available allocation of 1 ,882 dwelling units through 2040. Pursuant to General Plan Strategy LU- 1 .2.1 , development allocations may be tran sferred between General Plan Planning Areas, provided no significant environmental impacts are identified beyond those already studied in the Community Vision 2040 Final EIR (SCH# 2014032007). Further, the Plan Area is also identified as a Priority H ous ing Element Site (Site A2) in the General Plan Hou si ng Element . General Plan Strategy LU-1.4.1 provides that a conditional use permit is required for mi xed-use Housing Element sites that propose units above the allocation in the Housing Element, and on non-Housing Element mi xed-use sites. Pursua nt to Genera l Plan Land Use Element Stra teg y LU-1.2.1 (Planning Area A ll ocations ) and Table LU-1 (Citywide Development A ll ocat ion Between 2014-2040), the Plan A rea is allocated 1,207,774 square feet of commercial uses {consisting of a minimum of 600,000 square feet of retail uses, of w hich a maximum of 30 percent ma y be entertainment uses), 2 million square feet of office uses, 339 hote l rooms, and 389 residential dwelling units, provided that a Spec ific Plan for the Plan Area is adopted by May 31, 2018. INTRODUCTION I l VALLCO TOWN CENTER SPECIFIC PLAN I l-7 ~ '.Z ~ ~ ~ > ~ ~ < t'!'j 3: t'!'j > rJJ. e ~ t'!'j ~ 0 co t'!'j rJJ. e co 3: ~ ~ ~ t'!'j 0 0 ~ ~ t'!'j n ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ rJJ. 47 n I N 0 l I INTRODUCT I ON Cupertino M unicipal Code The Cupertino Municipal Code (CMC) is the primary document that implements the General Plan . The CMC's zoning provisions prov ide regulations regarding permitted land uses , development regulations , and de velopment-entitlement process for parcels of land in the City of Cupertino. The Plan Area w as re-designated from P (Regional Shopping) -Planned Development Regional Shopping north of Vallco Parkw a y, and P (CG) - Planned De velopment General Commercial south of Vallco Parkw ay (w est of North Wolfe Road) to VT CSP (Vallco To w n Center Specific Plan) by the Vallco To w n Center Specific Plan Initiati ve . As described in this Specific Plan , if there are any inconsistencies or conflicts bet ween the requirements of the Specific Plan and the requirements of the CMC o r other applicable, adopted rule, regulation , or official policy of the City, as they currently exist or may be amended , the provisions of the Specific Plan take precedence , control , and gov ern in the Plan Area . The Spe c ific Plan is exclusi vely implemented pursuant to the Specific Plan , Chapter 9: Administrati on, Implementation , and Fin a ncing. 1-8 I VALLCO TOWN CENTER SPECIFIC PLAN ~ '.Z ~ ~ ~ > ~ ~ < ~ ~ ~ > \fl Lj ~ ~ 0 ~ ~ \fl Lj ~ ~ ~ ~ ~ ~ 0 0 ~ ::e ~ n ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ::e \fl 48 (j I N lo-" South Vallco Connectivity Plan (2014) The South Vallco Connecti vity Plan (SVCP) is an adv isory document that identified broad goals , objectives , concepts , and design guidelines to help City staff, property o w ners , developers , and the community better understand future desires for improved connecti vity, safety, and aesthetics w ithin the South Vallco area. The SVCP w as drafted in anticipation of the preparation of a Specific Plan for the South Vallco area and is therefore described here for informational purposes only . The SVCP en visions South Vallco becoming a vibrant mi xed-use "dow nto w n" for Cupertino . The goal of the SVCP is to create an efficient, safe , pleasant, w ell-designed , and complete multi-modal netw ork that improves aesthetics, access and internal connecti vity w ithin South Vallco. The SVCP presents two options for how connecti v ity can be improved in South Vallco depending on the future of the Mall. Option A assumes that the Mall w ill largel y remain the same. Option B assumes a substantial redesign of the entire Mall site to create an outdoor shopping district. Major features and Projects of both Option A and B include : • Create a bicycle /pedestrian trail along the northern border of South Vallco. • Develop a multi-use bike and pedestrian path w ay along the w estern edge of South Vallco . • Reconfigure surface parking lots. • Improve intersections along all public road wa ys, including Ste vens Creek Boulevard, North Wolfe Road , Vallco Park w ay , and T antau A venue. • Work w ith property o w ners to improve intersections along pri vate road w a ys. • Identify ne w or expanded areas for Park-and-Ride and corporate bus drop -off locations . • Establish a small block, grid street network. • Limit the use of pedestrian o verpasses or sky ways . INTRODUCTION I l • Create ne w central commercial streets in the Vallco Shopping District . The SVCP en v isions that implementation of Option B w ould include a central promenade that w ould create an acti ve outdoor commercial district w ith office and housing located above retail and dining uses . Buildings w ould front the promenade, and some parking would be provided on the street w ith additional parking prov ided by parking structures . The SVCP also en v isions a series of tow n squares at the middle or end of promenade streets, similar to the town square located in the Main Street Project. The SVCP 's design framew ork includes guidelines for: • Pedestrian and bicycle trails and amenities. • Street furniture and lighting. • Signage, w ayfinding and art . VALLCO TOWN CENTER SPECIFIC PLAN I l -9 lo-( '.2! lo-( ""'3 > ""'3 lo-( < ~ ~ ~ > CJJ. Lj ~ ""'3 0 co ~ CJJ. Lj co ~ lo-( ""'3 ""'3 ~ ~ ~ lo-( ~ (j ""'3 ~ ~ ""'3 0 ""'3 = ~ < 0 ""'3 ~ ::0 CJJ. 49 (j I N N l I INTRODUCTION Cupertino Bicycle Transportation Plan (2015) The City of Cupertino Bicycle Transportation Plan w as adopted in May 2011 and updated in 2015 . The Bicycle Transportation Plan is designed to encourage bicycling as a safe , practical and healthy alternati v e to the use of a motor vehicle . The Bicycle Transportation Plan allow s the City to recei ve funding from the Valley Transportation Authority and grants from the California Department of Transportation (Caltrans) for the purpose of supporting the development of Cupertino's bicycle transportation system. The Bicycle Transportation Plan includes project priorities for the ne xt decade based on staff and the Cupertino Bicycle Pedestrian Commission recommendations , as w ell as public input . To further Cupertino's goal to be a bicycle-friendl y city , the Bic ycle Transportation Plan recommends the follow ing: • Give bicycle Projects a priority equal to those that serve the automobile, even if the result is slo wer automobile traffic . • Pursue funding and inter-agency cooperation in the development of the bikew ay network . • Continue the acti ve in vol vement of the Commission in the traffic engineering and transportation planning decisions that affect the safety of bicyclists on Cupertino's streets and intersections . • Expand and develop new bicycle safety programs to address the issues faced by bicyclists of all ages as w ell as motorists . • Expand and develop bicycle promotion programs to encourage and legitimize bicycle transportation for w ork, school , shopping , errands , and other utilitarian trips. The 2015 update to the Cupertino Bic ycle Transportation Plan includes se veral recommended projects w ithin Plan A rea. One project is to install buffer zones along existing bike lanes on Ste vens Creek Boule vard between De Anza Boulevard and the City's east limit. An o ther project is to paint existing bike lanes along North Wolfe Road , Homestead Road , T antau Av enue, and Vallco Park w ay w ithin Apple Campus 2 and Vallco area . Both projects are designated as Priority l Projects to enhance safety and raise a w areness of bikes. l -10 I VALLCO TOWN CENTER SPECIFIC PLAN CITY OF CUPERTINO Bicycle Transportation Plan """ ~ """ ~ """ > ~ """ < t"j ~ t"j > \J). e ~ ~ 0 ~ t"j \J). e ~ ~ """ ~ ~ t"j ~ ~ """ ~ t"j (j ~ r ~ ~ 0 ~ = t"j < 0 ~ t"j ~ \J). 50 n I N ~ 1.5.2 . Other Agencies Valley Transit Authority The Santa Clara Valley Trans it Authority (VTA) is an independent special district that prov ides sustainable , accessible, and community -focused transportation options. VTA prov ides bus, light rail , and paratransit se rv ices . A s Santa Clara County's congestion management agency , VT A is responsible for countyw ide transportation planning, including congestion management, design and construction of specific highw ay, and pedestrian and bicycle improvement projects , as w ell as promotion of transit-oriented development. VT A is proposing the Ste vens Creek Bus Rapid Transit (BRT) project, w hich would provide a rapid transit service for 8 .5 miles from De Anza College to the Transit Mall in dow nto w n San Jose using San Carl o s Avenue and Ste v ens Creek Boulevard . A s a supplement to local transit se rv ice , the Ste vens C reek BRT project w ould provide fast, frequent se rv ice , w ith limited stops , and enhanced amenities for passengers. The Ste vens Creek BRT service w ould include the follow ing features and o bjecti ves: • Special vehicles equipped w ith green te c hn o log y and comfortable , modern interiors • Enhanced station s • Dedicated lanes • Trans it signal priority • High-tech communications • Rapid boarding • Fa st , frequent, reliable service Santa Clara Countywide Bicycle Plan (2008) The Santa Clara Countyw ide Bic ycle Plan (SCCBP) assembles in one document all of the pertinent elements of past bic ycle plans and w orking papers , identifies a final cross -county bicycle corridor netw ork -including gaps and needed projects -and includes other elements t o help local INTRODUCTION I l agencies responsible for Projects to secure funding and plan effecti vely for the future . As such , the SCCBP functions as a regional framew ork for local plans , and identifies coordination possibilities between local bicycle plans . The Countyw ide Bicycle Plan has a regional emphasis , w hile local jurisdictions' bic ycle plans and general plan circulation elements cover their communities in greater, more comprehensi ve detail. The SCCBP identifies Cross County Bicycle Corridors. The purpose of the Cross County Bic ycle Corridors network is to provide continuous connections between Santa Clara County jurisdictions and to adjacent counties, and to serve major regional trip-attractors in the County. There are tw o Cross County Bicycle Corridors identified w ithin Vallco Shopping District Plan Area; the North Wolfe Road /Borregas Corridor and the North of 1-280/Ste vens Creek Corridor. The SCCBP is currently being updated and a final plan is scheduled for completion by W inter 2016/17. California Department of Transportation (Caltrans) The Plan Area is located in Caltrans District 4. Caltrans is responsible for the design, construction , maintenance, and operation of the California State Highw ay Sy stem, as w ell as that portion of the Interstate Highw a y System w ithin the State 's boundaries. Metropolitan Transportation Commission The Metropolitan Transportation Commission (MTC) is the transportation planning , coordinating and financing agency for the nine-county San Francisco Bay A rea . MTC functions as both the regional transportation planning agency and as the region 's metropolitan planning organization . A s such , it is responsible to regularly updating the Regional Transportation Plan , a comprehensi ve blueprint for the devel o pment of mass transit, highway, freight, bicycle , and pedestrian facilities. MTC als o has played a major role in building regional consensus on w here and w hen to expand the Ba y Area transit netwo rk. VALLCO TOWN CENTER SPECIFIC PLAN I 1-11 ~ :z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJ'l Lj ~ t'rj ~ 0 co t'rj rJ'l Lj co ~ ~ ~ ~ t'rj c c ~ ~ t'rj n ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJ'l 51 (1 I N ~ l I INTRODUCTION 1.6. Background & Context 1 .6 .1. Site History In the 1960s, a group of Cupertino families and property o w ners came together to launch the o verall scheme for the larger approximately 300- acre Vallco Park, w hose name was constructed from the first initials of each of the primary developers. Ten years later, the 53-acre shopping mall w as established as a retail component within Vallco Park . In 1973 , the City pursued the regional shopping center on the edge of the City and rezoned the South Vallco district for a new mall {Mall). The ne w Mall opened in 1976. At that time, the Mall w as one of the largest shopping centers in the Silicon Valley, dra w ing v isitors from throughout the region. 1-12 / VALLCO TOWN CENTER SPECIFIC PLAN Challenges By the mid-1980s, however, the Mall began to suffer from an inherent inability to respond to the ever-changing demands of consumers and markets. Constraining factors included: • Fragmented o w nership between se veral different property o w ners , including multiple retail stores . • An Operation and Reciprocal Easement Agreement signed onto by the various o w ners at the outset, which handcuffed the Mall o w ner from pursuing improvements w ithout unanimous consent. • Increasing competition for local customers due to the revitalization of nearby dow ntow n shopping districts in neighboring cities . • Outdated infrastructure in combination w ith a confusing and inefficient parking layout that began to take its toll. • Demand for mid-market mass merchandizers , such as the Mall 's department stores , began not only to decrease but to plummet throughout the nation , ultimately resulting in the closure of thousands of former anchor stores for malls . • Regional co mpetition from Valley Fair and Stanford Shopping Center and other sub-regional malls began to shift regional shoppers a way from the Mall. • Changes in consumer purchasing patterns such as online shopping and other retail options . ~ z ~ ~ > ~ ~ < t"rj 3: t"rj > rJJ. e ~ t"rj ~ 0 ~ t"rj rJJ. e ~ 3: ~ ~ ~ t"rj 0 0 ~ ~ (1 ~ ~ ~ ~ 0 ~ = t"rj < 0 ~ t"rj ~ rJJ. 52 r"'.) I N Ut Regional Competition Since the 1980s, regional shopping mall competition has only increased. Two of the top performing, super-regional malls in the San Francisco Bay Area located near the Vallco Shopping District are the Stanford Shopping Center and Valley Fair. Today , both of these shopping centers are thriving and expanding and are two of the most successful shopping malls in the country. Not only is it difficult for flagship retailers who ha ve become tenants at these two other malls to justify an additional location in the Vallco Shopping District, many are prohibited from doing so due to lease radius restrictions. The Vallco Shopping District also competes with more than a dozen other shopping districts, re vita lized malls and wa lkable downtown neighborhoods including Palo A lto, Los Gatos, Mountain View, Los Altos, and Campbell. Fai led Redevelopment Efforts Ownership within the Vallco Shopping District has turned over many times since the original developers, w ith multiple foreclosures and a bankruptcy, staggered between efforts to redevelop the aging Mall. Occupancy began to deteriorate at an accelerated rate in the 1990s. Mall tenancy continued its steady decline into the mid-2000s. In 2005, two of the Mall's levels we re shuttered, lea ving the focus on the second floor, and an ambitious plan began to focus on entertainment by adding two ne w parking structures, multi-screen movie theater, a food court, and a bowling alley. Unfortunately, in September 2008, before the new parking, theaters , food court and bowling were opened, the combined effect of the cost of the renovation and the national financial crisis resulted in the owners filing for bankruptcy. In September 2009, the Mall was sold again. The Mall further languished and was subsequently resold a few years later. From approximately 20 l 0 to 2014, Mall occupancy had reduced to approximately 82%, which is less than other regional malls, and rents ha ve been heavily discounted . In contrast, the Stanford Shopping Center thrives wi th 140 stores , 1.4 million square feet and 98% occupancy. Valley Fair has increased to 273 stores, l .5 million square feet, and 96% occupancy, and is expanding by another 650,000 sf square feet over next fe w years for a future total of ±2. l million square feet. A handful of mall attractions including a movie INTRODUCTION theater, ha ve continued to perform we ll even throughout the Mall 's leanest years. These few attractions, however, cannot support l .2 million square feet of retail space. General Plan Vision for Revitalization of the Mall The City of Cupertino has long recognized the failures of the Mall, and has spent the past several years working w ith the community to establish a new vis ion for revitalizing it. In December 2014, the City Council adopted ne w General Plan goals, policies and strategies specifically relating to the Vallco Shopping District Special Area (herein identified as the Vallco Tow n Center Specific Plan Area), w ithin wh ich the Mall is located. The City vision outlined a complete revitalization of the Mall site into a "vibrant mixed-use tow n center" that is a focal point for regional visitors and the community. This ne w district w ill become a destination for shopping, dining and entertainment in the City, in addition to providing much needed housing and a center for employment. Blocks 13 and 14 Since the time the Mall opened, Blocks 13 and 14 ha ve been parking lots and have provided excess parking for the Mall. VALLCO TOWN CENTER SPECIFIC PLAN J 1-13 ~ z ~ ~ ~ > ~ ~ < t."!'j a:: t."!'j > rJJ. e ~ t."!'j ~ 0 ~ t."!'j rJJ. e ~ a:: ~ ~ ~ t."!'j 0 0 ~ ~ t."!'j r"'.) ~ ~ ~ ~ 0 ~ = t."!'j < 0 ~ t."!'j ~ rJJ. 53 () I N O'I l I INTRODUCTION 1.6.2. Existing & Surrounding Land Uses Existing Setting Currently, the Plan Area is developed w ith the existing Ma ll w hich consists of an existing 1,207,774 square foot mall building plus satellite buildings and surface parking. In addition, as noted above, Blocks 13 and 14 are currently parking lots, however the City of Cupertino recently approved a proposal to develop Block l 3 into a business-class hotel , consistent wit h the General Plan. The Plan Area is divided by North Wolfe Road. The area west of North Wo lfe Road is bound by 1-280 to the north, North Wolfe Road to the east, Stevens Creek Boulevard to the south, and Perimeter Road to the wes t. It is developed with several buildings : a primary mall building w hich connects two former anchor stores, a satell ite auto center building, a satellite restaurant building, three parking structures , and surface parking lots. Block 14 is located adjacent to 1-280 in thi s part of the Plan Area. The eastern portion of the Plan Area, east of North Wolfe Road, is bound by 1-280 to the north, Perimeter Road to the east, Vallco Parkway to the south, and North Wolfe Road to the west. It is developed with an ice skating rink , bowling alley, o n e anchor store, mall retail shops, a food court, a satellite restaurant building , a parking structure, and surface parking lots. Block 13 is located adjacent t o 1-280 in this part of the Plan Area . A n existing pedestrian bridge connects the Mall buildings on the east and west sides of North Wo lfe Road. The bridge is enclosed and consists of retail shops on either side of a pedestrian wa lkway. A number of other easements -some crossing public rights of way -benefit the Mall . Surrounding Land Uses Surrounding permitted land uses include residential and commercial to the wes t ; 1-280, hotel, residential, and office uses to the north; commerc ial , office , and res idential mixed-uses to the east; and commercial uses to the south. 1-14 I VALLCO TOWN CENTER SPECIFIC PLAN ~ :z ~ ~ > ~ ~ < M a: M > rfJ. e ~ M ~ 0 co M rfJ. e co a: ~ ~ ~ M 0 0 ~ ~ M () ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rfJ. 54 (j I N ........) 1 .6.3. Town Center Entitlements Potent ia l subsequent project approvals required by the City of Cupertino to carry out the Specific Plan include the following: • • • • • • • • • • • Demolition, Rough Grading/Grading, and Excava tion Permits On-and Off-Site Utilities Permits Master Site De velopment Permit (MSDP) Architectural and Site Review (ASR) (Vesting) Tentat ive/ Final Parce l, Condominium or Subdivis ion Maps Conditional Use Permit(s) De ve lopment Agreement (not required , but may be pursued by a project applicant) Building Permits Tree Remo val Permits Encroachment Perm it(s) New and Modified Easements , Air Rights , and Other Related Agreements See C hapter 9: Adm in istration, Implementation and Financing for detailed provisions of Specific Plan approvals and implementation process . INTRODUCTION I l VALLCO TOWN CENTER SPECIFIC PLAN I 1-15 ~ ~ ~ ~ ~ > ~ ~ < t'rj ~ t'rj > 00 e ~ ~ 0 ~ t'rj 00 e ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ t'rj (j ~ ~ ~ ~ 0 ~ = M < 0 ~ t'rj ~ 00 55 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS .... z LU :e a. 0 .... LU > LU c ~Cl) LU C .,,~ ::> <C cc zz <C ~ .... Cl) C-28 56 (") I N \0 2.1. Land Planning Context The Plan Area is approximately 58 acres. It is comprised of 14 blocks and two Town Squares at street le ve l, organized around a grid street network (see Figure 2-1: Plan A rea Blocks ). In the roof level, the Community Park and Nature Area contains areas designated for seven pavilions on the green roof (See Figure 2-2: Plan Area Rooftop Pavilions ). The focus of this Specific Plan is planning for the redevelopment of the Mall property, wh ich includes Blocks l through 12 (the To wn Center, also known as the To wn Center/Community Park), and the potential future development of Block 14, to remain as parking or parking structure, supporting services, or possibly as a second hotel and supporting commercial uses. A ny future project in the Plan A rea , including the Town Center, wi ll be the subject of a future development application that must be substan tially consistent wi th the planning le ve l policies set forth in this Specific Plan. Block 13 has been approved for development of a 148-room hote l. Block 14: The property is currently a surface parking lot and has been identified as a possible suitable location for the development of a 191 - room hotel (consistent w ith the available ho tel allocation as identified in Table LU-1 of the General Plan) and supporting commercial uses , services, facility management, or loading , or a future parking structure in the event market conditions support additional parking supply. Potential land uses examined in this Specific Plan are only for study purposes. Any future project w ill be subject to the current application process administered by the City at that time. However, the Specific Plan contemplates that a portion of Block 14 may be processed as part of the To w n Center/Community Park. LAND USE & DEVELOPMENT STANDARDS I 2 Bb:k 13 : The property is also currently a parking lot and was recently approved by the City of Cupertino for the development of a 148-room business class hotel. Because this property is located in the Plan Area as defined in the General Plan , the development standards and guidelines described in this Specific Plan contemplate the approved project. Blocks 1 through 12 : The Mall property is the site of an aging shopping mall that is suffering from significant vacancies and has been unsuccessful for nearly four decades The Specific Plan authorizes revitalizing the Mall property into a new Town Center consistent with and conforming to Cupertino's General Plan. VALLCO TOWN CENTER SPECIFIC PLAN j 2-1 ~ ~ ~ ~ ~ > ~ ~ < ~ ~ ~ > rJJ. e ~ ~ ~ 0 ~ ~ rJJ. e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (") ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 57 (") I ~ 0 2 I LAND USE & DEVELOPMENT STAN DA RDS Figure 2-1: Plan Area Bl ocks I ; / <:) ~ :i' ~ / I I /· I J I I /, I I r '·"-'-·' .__-.·-. -· __.. -. -'-. -. -c-..._. -. -· -·-. -. -. _. . ., / E Street / I ,I 12 I] II I -~·.Do • ~ {")' ; o street Tow n Sq uare Ea st ,...--------. ~ I 9 1i: C ,a l -I..---,-(''t , (: L e~en d c:::=l Block ~:::: Futu re Block Note: Figure is not lo scale NEB I N. Wol fe Road L --·-·-·-·· , I I I I/ ~/--t i 6 I ~\ I . 5 -_ J L ~; 4 -l ~Q !°E l . o . ~I :::>. ai l I I :_.> ___ ./ 14 1r1--3 1+1 B S~-_ I r~~:~me _j __ 2 __ I ~[] ~------·--------------------= ~A ~"i , 11 , r 1 , 1 . I ~ I I r ·-·;·7 ·-·-·-·-----·- '---·-·-·-·-·-·.J ~i ~i I l ~i V>I I ii ' L ·-·-·-·-·-·-·-------·-·-----i~---~--:-~~.J j I ... -• ! , 2 -2 I VALLCO TO WN CENTER SPECIFIC PLAN ~ z ~ ~ ~ > ~ ~ -< t'rj ~ t'rj > 00 Lj ~ ~ 0 ~ t'rj 00 Lj ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ (") ~ ~ ~ ~ 0 ~ = t'rj -< 0 ~ t'rj ~ 00 58 ~ I ~ lo-& Figure 2 -2: Plan Area Rooftop Pavilions / I I / I I J L -·- I / I I ~ 'Y i' ~ I I '/ I I I /. / // I I I I r ·-· J I I /./ I I I I I I I I / I' I t ,-._;,,;... i I I LAND USE & D EVELOPMENT STANDARDS I 2 ---~'-'~·-~~ -·~--·~"~ ~'-·-, Cl I I I J I -I ~ o . D 0 r-H-I I J ~I d:j 18· "i§I ::>. I D D N. Wolfe Rood D D·: -------------------~---- 0 -·-·-·-·-,,., JI '1 L .- a a a a a I Legen d c:::::::::J Roof Pav ilions Note: Figure is not to sca le LJ : NE9 ---., "'E I Q . 5; I :;. '8 1 ~i QJ 0 1 I VI . ~, 5; Vi l L ·-·-·-+·--·-·----•-,-·-·'."""·..;...~ • ...:.. . .J 2 2 2 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2-3 Jo-i z Jo-i ~ Jo-i > ~ Jo-i < M ~ M > 00 e ~ M ~ 0 co M 00 e co ~ Jo-i ~ ~ M ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 59 ~ I ~ N 2 I LAND US E & D EV EL OPM ENT ST ANDARDS 2.2. Town Center Obiectives The follow ing To w n Center objecti ves prov ide the basis for guiding the Specific Plan and development w ithin the Plan Area consistent w ith Cupertino's General Plan: • • • • • • • • Implement the vision in the City 's General Plan to completel y rede velop the Plan Area , including the outdated Mall, into a vibrant mixed-use Town Center by balancing retail , office, residential , hotel, c iv ic and ancillary uses w ith a focus on prov iding significant open space features , vie ws, and a gatew ay to Cupertino. Pro v ide acti ve and engaging educational uses that promote learning and education for youth , seniors, and others in the Cupertino community . Ensure that any potential impacts (i .e., traffic , schools , air quality, noise , trees) associated w ith the Specific Plan are eliminated through the implementation of the Appendix A: Environmenta l Des ign Features . Encourage a master developer for the entire Plan Area . Encourage innovativ e acti ve senior en vironments including senior housing , education and recreation to promote longevity in the Cupertino community . Revitalize this critical infill Plan Area with a strong and complementary mi xed-use neighborhood that promotes community and visitor acti vity and interest and financially supports an innovati ve open space , a transit center, and ci vic programs, and achiev es a high le vel of sustainability. Create an acti ve, in viting , safe and comfortable place for people to shop, dine, entertain , li ve, work and learn . Create an innovati ve, acti ve, and connected gathering place w ith vitality in design that integrates and encourages w alking and cycling and that is compatible w ith, and complementary to , recent well-designed districts proximate to the Plan Area . 2-4 I VAL LCO TOWN CENTE R SP ECI FI C PLA N • • • • • • • • • • Incorporate transit facilities and programs that support local and regional connecti vity and help reduce dependency on single- occupancy vehicle tra vel. Pro vide sufficient local serving and destination retail uses, residential opportunities, workplaces , and entertainment amenities w ithin a centralized To w n Center to enable Cupertino and regional residents and sh o ppers to reduce vehicle miles tra veled and associated greenhouse gas emissions . Create a To w n Center as described in the General Plan by incorporating appropriate street and building types w ith w ell- defined edges and high-quality internal public spaces. Create a ne w ly configured grid hierarchy of streets and boulevards that are pedestrian oriented, connect to the existing street netw ork, and create walkable dow ntown blocks . Incorpo rate programs and policies to reduce v ehicular miles tra veled through traffic demand management policies that reduce the reliance on single-occupancy vehicles and promote more sustainable mobility beha vio rs . Supp o rt initiativ es and plans that e nhance opportunities for pedestrian and bic ycle mobility and co nnecti v ity in and around the Plan A rea . Retain a majority of the tree s along 1-280, W olfe Road and Ste vens Creek Boulevard, to the extent feasible . C reate building transitions , setbacks , landscaping , and other me as ures to m i nimize devel o pment impacts on adjacent existing single-family residential uses . Provide extensi ve open space for co mmunity gathering spaces , locations for public art, and event space for community education and events. Pro vide adequate parking and vehicular access , compatible w ith a high-quality To w n Center en vironment, that meet the needs of future visitors , employees , and residents , w hile encouraging the use o f tran sit, bicycle , and other alternati ve modes of tran sp o rtati o n . ~ z ~ ~ > ~ ~ < trj ~ trj > rJl e G; ~ 0 co trj rJl e co ~ ~ ~ ~ trj 0 0 ~ ::0 trj ~ ~ r ~ ~ 0 ~ = trj < 0 ~ trj ::0 rJl 60 ~ I ~ ~ • Capitalize on the opportunity to utilize existing or planned new infrastructure in a manner which furthers local, regional and state compact and sustainable growth goals, including the extension of recycled water facilities. • Provide recycled water to the Plan Area and extend the utility to Stevens Creek Boulevard for future City connections . • Improve local access to fresh and healthy foods by integrating more traditional food retail with the vibrancy of local farmers markets, and the heightened awareness of seasonal food cycles, as well as education opportunities through urban farming. • Create a new development that provides positive economic and fiscal benefits to the City of Cupertino, local school districts, Santa Clara County, and the region as a whole. • Create a new regional civic gathering place that has a strong neighborhood character that is informed by and responds to the ideas, input and concerns of the local community. LAND USE & DEVELOPMENT STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2-5 )oool '.2! )oool ""'3 )oool > ""'3 )oool < M ~ M > rJJ. e ~ M ""'3 0 ee M rJJ. e ee ~ )oool ""'3 ""'3 M ~ ~ )oool ~ ~ ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ rJJ. 61 (j I w ~ 2 I LAND US E & DEVELOPMEN T STANDARDS 2.3. Land Use Plan As shown in Figure 2-3: Illustrative Vallco Town Center Concept Plan , the Specific Plan envisions turning an outdated shopping mall into a new Town Center. It also encourages development by a master developer to remove the obstacles to the development of a cohesive district with the highest levels of urban design , as described in the General Plan . In support of a true mixed-use and traditional tow n center form, this Specific Plan will help create a high-quality development through careful design of the public squares, and programming for community ven ues. It will include a mix of retail , dining, entertainment, sports, education, civic, employment, housing (including senior housing), open space, and community uses, and the provision for a host of special amenities and entertainment venues such as a multiplex movie theater, a bowling alley, an ice skating rink(s), and market hall . Over the To w n Center wi ll be a 30-acre Community Park and Nature Area w hich w ill be publicly accessible and provide a ve nue for recreation and education (see Figure 2-4 : Conceptual Community Park and Nature Area ). The Community Park and Nature Area wi ll be privately constructed and maintained and accessible to the public. The sus tainability goal for the To w n Center is to achieve the highest le ve l of certification from a globally recognized environmental sustainability certification program, such as LEED Platinum certification or equivalent. The landscaped Community Park and Nature Area will reduce urban heat island effect, minimize wate r run-off, minimize w ater and air quality impacts, improve energy efficiency of the buildings, and promote bio- diversity . To meet the water demand associated with a green roof, the use of recycled water and drought tolerant and nati ve landscaping that thri ves on little to no wa ter will be utilized. Water conservation efforts wi ll also include the extension of the recycled water line from the Cupertino/Sunnyvale city limits to the Plan Area, in partnership with many public stakeholders. The To w n Center is intended to crea te a net positive impact on the already world-class schools in Cupertino. Th is wi ll be achieved through a 2 -6 j VALLCO TOWN CENTER SPECIFIC PLAN variety of uses and amenities, including building a new l 0,000 square foot, turn-key High School Innova tion Center wi thin the To w n Center, in addition to the payment of all legally required development fees. The Town Center will also make substantial contributions to high quality education facilities and programs. The Town Center w ill provi de substantial traffic solutions, including spearheading the rebuilding and wi dening the North Wolfe Road / 1-280 bridge and interchange and other free way segmen t improvements, the i mplementation of area intersection and signal timing improvements , and a free community shuttle for Cupertino residents. A majority of the parking spaces w ill be located underground to prioritize bikes and pedestrians on the ground le ve l. This w ill maximize the opportunity for community engagement throughout the Town Squares, streetscape, and open space. The To w n Center represents a nearly $3 billion investmen t in the Cupertino community and the Silicon Valley region . It is intended to produce substantial net positive economic and fiscal benefits in the form of one time and ongoing revenues including development fees, property taxes and retail sa les ta xes and other revenues over the next several decades. Key components of the development plan are described below. io-c '.Z io-c ~ > ~ io-c < M ~ M > 00. e ~ M ~ 0 co M 00. e co ~ io-c ~ ~ M ~ ~ io-c ~ (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00. 62 N V> 0 <:>'. <( 0 z <( f- V> f-z LI.J ~ a.. 0 __, LU > LU 0 o6 LU V> ::i 0 z <( __, INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS c 0 c... a.. Q) u c 0 u ..... 2 c Q) u c 3: ~ 0 u ~ ·..;::: 0 ..... -V> :::> "? N Q) ..... :::> • O> u::: C-35 " N z ::s a.. \::! LL 0 LI.J a.. V> <:>'. LI.J f-z LI.J u z 3 0 f- 0 ~ ~ 63 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 0 Q) ..... <( Q) ..... ::::> +- Vl 0 0 z ""' -u <( c 0 0 z ~ <( ..... 0 f-a.. Vl .£ z f-::s z c a... w ::::> u :?! E u: a... E 0 w 0 0 a... u Vl -' ""' w 0 w > f- w ::::> z 0 +-w 0... u Q) o6 u z c 3 w 0 0 Vl u ::::i f- 0 -.q-0 I ~ z N -' <( Q) ~ ..... ::::> OJ a;i N i..L N C-36 64 (j I ~ -.....) 2 .3.1 . Town Center The Specific Plan en visions a traditional neighborhood layout that connects the community {internally and externally) to w alkable, pedestrian and bike-friendly streets through a variety of paths , w alkable streets , squares /plazas and other public spaces. The purposefully designed grid street netw ork emulates the best practices of a vibrant pedestrian dow ntow n core w hile prov iding the density and o verlapping programming that is commonly found in successful tow n center projects . The core public focus of the Plan Area w ill be two To w n Squares, one located on each side of North W olfe Road. To w n Square West w ill be the focal point for community events and will serve as the social heart and gathering space in support of the surrounding retail, entertainment, and residential uses. To w n Square East w ill be a more serene space that supports the adjacent office and commercial uses . Both To w n Squares may be linked by pedestrian bridges that span across North W olfe Road and connect each To w n Square to the 30-acre Community Park and Nature Area. In conjunction w ith the Community Park and Nature Area , this w ill create a significant ne w destination for the City of Cupertino, consistent w ith the General Plan . The successful existing community touchstones including the movie theater, bow ling alley, ice rink , and fitness center uses , w ill be co-located to the northw estern corner of the Tow n Center. Designed as an integrated multilevel complex, the south facing facade of this block w ill be embellished w ith terraced gardens and dining patios looking out o ver the open air acti vities of To w n Square W est. LAND USE & DEVELOPMENT STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2-9 ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJ'J e ~ ~ 0 ee ~ rJ'J e ee ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ t"'i ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJ'J 65 (") I (jJ QO 2 I LAND USE & DEVELOPMENT STANDARDS Extending south from the entertainment and recreation venues to Ste vens Creek Boulevard , the family friendly district should be designed as a pedestrian retail loop to and from Ste vens Creek Boulevard , w here a ne w multi-modal Mobility Hub and community shuttle stop is en visioned. Tw o parallel tree-lined streets support this shopping loop, lined w ith a mi xture of unique boutiques and national brand stores planned for this area. These streets should create a unique experience differentiated from the existing shopping malls of the region . Stores w ould be curated from around the country and w orld w ith Cupertino's lifestyle in mind. The retail loop shall include a genuine dow ntow n atmosphere, supported by residential uses above that create a unique sense of place and create an appropriate scale modeled after existing retail streets in the Bay Area , nationally and around the w orld . The mixed-use retail /residential district w ill be a pedestrian-focused circulation zone that integrates the w est side ground-level retail into an iconic shopping area , including clear w ayfinding and access from the surrounding streets and parking garage . The retail w ill be designed to enhance the retail shopping experience by providing a v ibrant and comfortable space for w alking , sitting , eating and socializing throughout the day and evening . This circulation space should ha ve a rich texture of pa v ing patterns , lighting , and outdoor spaces. Large canopy trees are limbed up to enhan ce vie ws t o the storefronts and prov ide dappled light and shade along the sidew alks and seating areas . Along Ste vens Creek Boulevard , glass facades of multi-level spaces can animate the To w n Center w ith a line-up of leisure , fashion , technolog y flagship and other stores that epitomize the lifestyle of Cupertino , and identify it as a place that celebrates recreational , health , w ellness and casual and creati ve acti v ities . Streets surrounding the two To w n Squares w ill extend the functional area of each To w n Square by emphasizing the shared nature of the street through the use of different pa ving materials, color, height differences , and other street design features . Many commuters , pedestrians , and bicyclists w ill enter the Plan A rea from either Ste ven s Creek Boulevard or North W olfe Road . The Ste ven s C reek Boulevard fro ntage w ill include a pedestrian entrance plaza that 2 -10 I VALLCO TOWN CENTER SPECIFIC PLAN maintains a majority of the existing and preserved ash tree grove . Visitors w ill arri ve via an entrance plaza , lined w ith flagship retailers and prominent facades that front Ste vens Creek Boulevard . The entrance plaza should provide access to two pedestrian-oriented streets w ith vehicular access and signed w a yfinding for acces s to the parking garage. A long North W olfe Road , there w ill be ea st-w est entrance streets prov iding direct access to the To w n Squares and the entertainment area. W ithin the Plan A rea , there may be space to accommodate an emergency on-site command center for the Santa Clara County Sherriff's Office and Santa Clara County Fire District . This space w ould be used to prov ide on-site se rv ices during special events and for on-going police and life safety services in the Plan A rea . ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > 00. c :-0 M ~ 0 co M 00. c co ~ ~ ~ ~ M ~ ~ ~ ~ (") ~ ~ ~ ~ 0 ~ = M < 0 ~ M :-0 00. 66 el I ~ \0 2.3.2. Community Park and Nature Area Flo w ing o ver the To w n Center w ill be an approximately 30-acre Community Park and Nature Area. This rooftop landscape will w ea ve together social and natural systems to create a unique green amenity in Cupertino. The Community Park and Nature Area w ill immerse residents and visitors in the representati ve landscapes of Santa Clara Valley and provide an uninterrupted v isual connection to the surrounding mountain ranges of the San Francisco Bay. The Community Park and Nature A rea may host a diverse set of programmatic uses ranging from acti ve public spaces for community gathering, ci vic engagement, public performance, cultural festi val and casual dining , on-site resident pri vate recreation areas , quiet intimate spaces for relaxation , and nati ve planting areas providing habitat for local flora and fauna. The rolling hills silhouette of the landscaped roof w ill help minimize the scale of the Plan Area and make it more compatible w ith its surrounding setting. The proposed setbacks , street le vel landscape, and va ry ing building heights w ill also help to create an interesting landscaping and help to visually integrate the Plan A rea w ith the adjacent neighborhoods and public streets. The Community Park and Nature A rea is designed to meet the existing grade along the south western edge of the Plan A rea along Ste vens Creek Boulevard , respecting the residential scale and pri vacy of the Portal neighborhood. It w ill ri se at the center of the Plan A rea , w est of North W olfe Road , and then decrease in height east of North W olfe Road to unify the 30-acre Community Park and Nature A rea at roof le vel. Community acti vities are anticipated to be located adjacent to the To w n Square W est and provide a concentration of acti ve programmatic uses including : • Large play space and garden for children • Ind o or and outdoor community meeting and educational spaces • Banquet facility • Dining amenities such as a cafe and w ine bar • A mphitheater and performance spaces LAND USE & DEVELOPMENT STANDARDS I 2 • 3 .8 miles of trails for walking , hiking , jogging and docent-led educational tours Adjacent to the community acti vity space is designed to be tw o areas that celebrate the region 's unique cultural and historic agricultural landscapes-the v ineyards and the orchards . Santa Clara Valley lies betw een Santa Cruz Mountains and Diablo Range, w hich shelter the area from the cold , damp San Francisco Bay climate , creating the perfect Mediterranean en vironment for the orchards and vineyards that emerged in the late nineteenth century . VALLCO TOWN CENTER SPECIFIC PLAN / 2-11 i-( ~ i-( ~ i-( > ~ i-( < t:'!'j ~ t:'!'j > \fl e ::0 t:'!'j ~ 0 co t:'!'j \fl e co ~ i-( ~ ~ t:'!'j ~ ~ ~ el ~ ~ ~ ~ 0 ~ = t:'!'j < 0 ~ t:'!'j ::0 \fl 67 () I .&;;.. 0 2 I LAND USE & DEVELOPMENT STANDARDS 2 .3.3. Education In addition to paying the maximum state-required school fees, w hich are expected to be approximately $4 million , the Plan A rea w ill provide exceptional community benefits, summarized below, to the local schools including Fremont Union High School District ("FUHSD") and Cupertino Union School District ("CUS D "). W hile the precise nature of these benefits must be determined in coordination and cooperation with the school districts pursuant to separate agreements, the community benefits for local schools sha ll be va lued in the aggregate at no less than l 0 times the le gally-required amount, w hich wo uld represent a total financial contribution of approximately $40 million. If the school districts agree to these benefits , the following are strongly encouraged : • Construction and 34-year charitable lease of a new l 0,000 square foot, turn-key High School science and engineering "Innova tion Center" intended to serve as: o An incubator space for new student-led businesses , o A hub for FUHSD's work-based learning initiati ves, o A place for robotics teams to compete , o Space for student makers from a variety of disciplines to create, and o A Black Bo x Theatre and Stagecraft Center. The purpose of this large, fle xib le , and multi-use space wo uld be for FUHSD high school students to engage in projects together, co llaboratively across all district schoo ls, w hile collaborating with members of the greater community . Construction and 34-year charitable lease of up to 5 ,000 square foot of classroom and/o r administrati ve space for FUHSD 's Adult School to assist in its mission to prepare its students to achieve educational , career, and personal goals and its commitment to serve the life-long learning needs of the residents of the district's di ve rse community. So lutions to create net additional enrollment capacity for hundreds of CUSD students and enhance the quality of instruction and student learning . The additional capacity solutions shall be agreed to wi th CUSD 2 -12 I VALLCO TOWN CENTER SPECIFIC PLAN through a definitive agreement and subsequent approva l process . Examples of such enrollment capacity benefits could include : • A ne w 700 student elementary schoo l at the former Nan Allan Elementary School site; • Rep lacement of a ll portable classrooms at Collins Elementary School w ith permanent classrooms ; • Improve ment and expanded utilization of athletic and recreation facilities at the Nan Allan/Col lin s Elementary School location ; Community amenity facilities including a community hub building of at least 6,000 square feet for potential uses such as study groups and parent vo lunte er meetings ; an approximately 300-seat amph ithe ater for fine arts performances , concerts, or speaking engagements; and a destination children's playground . The encouragement of lea ses to include obligations that office and retail tenants in the Plan Are a participate in the enhancement of FUHSD students' experience-based know ledge and opportunities for learnin g-by- doing by , for example, offering business-environment internship, scho larship and /o r mentoring opportunities or classroom-en vironment specia l curricu lum . ~ ~ ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > rJJ. e ~ t'!'j ~ 0 ~ t'!'j rJJ. e ~ ~ ~ ~ ~ t'!'j 0 0 ~ ~ () ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ rJJ. 68 ~ I .... ~ 2 .3.4 . Land Use Summary Table 2 -1 : Land Use Summary prov ides a summary of the primary land uses en v isioned as part of the Specific Plan. All numbers are rounded to the nearest w hole number and total amounts may vary as development plans are refined. Minor modifications to land uses are permitted as described in Chapter 9: A dministration , Imp lementation & Financing . The allocation of space for each use may vary between district and construction sequencing as along as the total gross de velopment area for each use is not exceeded . Figures 2-5 through 2-12 illustrate conceptual renderings of the To w n Center portion of the Plan Area. Like other figures in the Specific Plan these renderings are illustrati ve onl y, meant to con vey a graphical representation of w hat is en visioned . They should not be considered strict representations of the final design, but instead present a visual illustration of the design principles , as descri bed in this Specific Plan . LAND USE & D EVELOPMEN T STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2 -13 ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > \JJ c ~ M ~ 0 cc M \JJ c cc ~ ~ ~ ~ M 0 0 ~ ~ ~ ~ t"'i ~ ~ 0 ~ = M < 0 ~ M ~ \JJ 69 () I """ N 2 I LAND USE & DEVELOPMENT STANDARDS Table 2 -1: Land Use Summary Residential 389 units 2 Office 2,000,000 sf. Commercial 640,000 sf approx. Retail3 600,000 sf . min . Fitness 40,000 sf . Public/Civic 50,000 to 100,000 sf . Town Center Squares 3 acres (min .) Community Park and 30-acres (min .) Nature Area Services , Facility 120,000 sf. Management, & Loading Parking Approx. 9,060 spaces Block 13 Hotel 148 rooms " Block 14 Hotel 191 rooms 2 -14 i VALLCO TOWN CENTER SPECIFIC PLAN Of which at least 80 units or 20% of total will be senior apartments pursuant to state and federal law; the Town Center is strongly encouraged to comply with the City's BMR Housing Mitigation Program by providing affordable units on-site . Includes a minimum of 100,000 sf . of incubator work space and multi-tenant spaces for start-ups and new and emerging technologies, per General Plan. Inclusive of areas listed below. Includes community and regional retail, entertainment, and personal services . Solely for the purpose of calculating minimum retail, the fitness use is not included in the retail calculation but is classified as a personal service . Retail space within fitness uses shall be counted as retail space. 50,000 minimum can increase to a maximum of 100,000 sf . if Office space is reduced on a per square foot basis . Includes Town Square West and Town Square East . Includes pavilions, public trails, passive recreational areas, agriculture (e .g ., vineyard, orchard) and open space . Includes central plants, loading docks, and ma i ntenance facilities . Includes below grade, above grade and street level parking . City of Cupertino approved prior to submiss io n of the Specific Plan . No current development plans on file for the majority of the block .4 Parking (structured and surface), shall be a permitted use . i'-i ~ i'-i ~ i'-i > ~ i'-i < M ~ M > rJJ. e ~ M ~ 0 co M rJJ. e co ~ i'-i ~ ~ M e:; e:; i'-i ~ M () ~ t"'i ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 70 (j I ~ ~ LAND USE & DEVELOPMENT STANDARDS I 2 Note: l. All numbers ore rounded to the nearest w hole number and total amounts may vary as development plans are relined. The allocation of space for each use may vary between districts and or construction sequencing as along as the total gross de velopment area for each use is not exceeded . 2. This unit count may be increased upon approval of a Conditional Use Permit by the Director of Community Development, subject to direct appeal to the City Council , to allow transfer of development allocation between planning areas , consistent with the General Pion. 3. Per General Pion Strategy LU-19. l .4(1 )-"Retail: High-performing retail , restaurant and entertainment uses. Maintain a minimum of 600 ,000 square feet of retail that provide a good source of soles tax for the City. Entertainment uses may be included but shall consist of no more than 30 percent of retail uses." 4. Services , Facility Management, & Loading may be allowed on a minor portion of Block 14. VALLCO TOWN CENTER SPECIFIC PLAN I 2-15 lo-( z lo-( ~ lo-( > ~ lo-( < t'rj ~ t'rj > rJJ. c:j ~ t'rj ~ 0 co t'rj rJJ. c:j co ~ lo-( ~ ~ t'rj c c lo-( ~ (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ. 71 n I ~ ~ 2 I LAND USE & DEVELOPMENT STANDARDS Figure 2-5: Conceptual View of the Valko Town Center Looking East on Steven's Creek Bou levard 2-16 I VALLCO TOWN CENTER SPECI FI C PLAN ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJ). e ~ ~ ~ 0 co ~ rJ). e co ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJ). 72 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS N " -C-:. Vl 0 z "" 5 <( a.. 0 ~ z u_ <{ 0 I-LI.J Vl a.. Vl I-"" z LI.J I- LI.J z ~ LI.J u a.. z 0 :s __J LI.J 0 > I- LI.J 0 0 ~ o6 __J -:;; LI.J a> Vl a> .... ::J -(/) 0 <( z c <( 0 __J -0 .... 0 > a> :i 0 cc ..::£ a> a> .... u c a> > 2 (/) E 0 .... 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(/) _, a< w 0 w > ::::> f- a_ z w w 0 Q) u u z o6 c 3: 0 w u 0 (/) f- ::> 0 0 ' ~ z N _, <( Q) ;;: I... ::::> N OJ N N u::: c-:, C-50 78 N V1 0 "" <( 0 z <( f- V1 f-z LI.J 2 CL 0 _, LI.J > LI.J 0 o6 LI.J V1 ::::i 0 z <( INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS c Q) -0 ..... 0 (.'.) Q) c ~ 0 ~ <( Q) ..... :::> -0 z -0 c 0 _::.t. ..... 0 a... .£ c :::> E E 0 u Q) -£ ..... 0 3: Q) > 0 :::> a_ ~ c 0 u ~ ' N Q) ..... :::> O> u::: C-51 (") c;i N z ::; CL u u:: 0 LI.J CL V1 "" LI.J f-z LI.J u z 5: 0 f- 0 u _, _, ~ 79 (j I Ul N 2 I LAN D US E & D EV EL OPM EN T STANDARDS 2.4. Land Use and Zoning This section describes the land use and zoning for the Plan Area. Permitted, conditional and excluded land uses for each district, and their respective land use definitions are described in Section 2.6: Permitted, Conditional & Excluded Uses . The Vallco To w n Center Specific Plan Initiative amends the City of Cupertino Land Use Map to re-designate the Plan Area from Commercial/Office/Residential to Vallco Town Center Specific Plan (see Figure 2-13: General Plan Land Use Map As Amended by Initiative). The Vallco Town Center Specific Plan Initiative includes the following amendments to the General Plan to : • • • • Require that the Plan Area contain a mixture of uses , including residential , office, retail, civic and education; Require that the To wn Center provide transportation and transit infrastructure, a publicly accessible green roof, and extend recycled wa ter infrastructure to the Plan Area; Clarify existing policies to allow additional parcelization w ithin the Plan Area if there are protecti ve measures that provide incentives and guidelines for cooperation among owners, and, Adopt a Land Use Map to re-designate the Plan Area from Commercial/Office/Residential to Vallco To w n Center Specific Plan . The Vallco Town Center Specific Plan Initiative amends the City of Cupertino Municipal Code and Zoning Map to: (l) change the text to reflect the new zoning district of Vallco To wn Center Specific Plan ; (2) clarify the conditional use permit approval process w hen increasing residential units w ithin the Vallco Town Center Specific Plan; (3) exclude the Plan Area from the Code's broader specific plan planned zoning district designation; and (4) amend the Zoning Map to show the Plan Area as zoned (Vallco To w n Center Specific Plan). Land uses w ill include office , re tail , entertainment, residential , education, ci v ic, fitness, and parking. These uses wi ll be arranged around two 2 -24 I VALLCO TOWN CENTER SPECIFIC PLAN activated Town Squares and a 30-acre Community Park and Nature Area, all consistent w ith the General Plan. Furthermore, as set forth in more detail in Chapter 3: Community Benefits , a significant number of community benefits (including civic, educational and religious uses) w ill be incorporated to enhance the Town Center and give a unique Cupertino identity to the Plan Area. The To w n Center wi ll include two To wn Squares, namely : To wn Square West (approximately 2 acres) on the w est side of North Wolfe Road and To wn Square East (approximately l acre) on the east side of North Wolfe Road . Town Squares West i ncludes programmable outdoor environments w hich w ill be used for community events and company functions. Town Square East is envisioned as the quiet complement to the active To w n Square West. As contemplated by the General Plan 's tow n center v ision for the Plan Area, the Specific Plan has been organized in a transect grid format of downtown blocks. Blocks on the wes t side of North Wolfe Road w ill be the focal point of the retail, entertainment, and residential uses . Blocks east of North Wolfe Road are designed to contain limited mixed-use retail and w ill accommodate a majority of the office space. To help describe the predominant land uses and their locatio ns, the Plan Area has been organized into fi v e land use districts as shown on Figure 2-1 Sa: To w n Center Districts and Figure 2-1 Sb: Community Park and Nature Area D istrict, namely : • • • • • To wn Center Retail /Residential To wn Center Retail /Entertainment/Office/Residential Town Center Retail /Office To wn Center Hotel/Parking /Services Community Park and Nature Area ~ '.Z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJ). e ~ ~ 0 ~ t'rj rJ). e ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ t'rj (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJ). 80 (j I UI ~ It is important to note that the purpose of defining these districts is to communicate the character of predominant land uses and are not meant to serve as zoning designations . The allocation of space for each land use may vary between districts and construction sequencing, as along as the total gross deve lopment area for each land use is not exceeded , as described in Table 2-1: Land Use Summary . LAND USE & DEVELOPMENT STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2-25 ~ z ~ ""'3 ~ > ""'3 ~ < M 3: M > 00 c ~ ""'3 0 eo M 00 c eo 3: ~ ""'3 ""'3 M ~ ~ ~ (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ 00 81 (j I UI ~ 2 I LAND USE & DEVELOPMENT STANDARDS Figure 2-13 : General Plan Land Use Map As Amended by In itiative ~-IF -n:!8 WT l!; I i 1 I r- __ f I ,) - --.. \ NORTH VALLCO PARK SPECIAL AREA l ~ 2-26 I VALLCO TOWN CENTER SPECIFIC PLAN ~ f ' I ,..-..\" >.( . \ ~ '.Z ~ '""3 ~ Legend > '""3 City Boundary ~ < Heart of the C ity M ~ -Valko Town Center Specific Plan M . ---.. Special Center Boundaries > . ---.. rJJ c::::J Urban Service Area e ~ ~ Sphere of Influence M '""3 Creeks 0 ® Housing Ele ment Site cc M c:::::::J Non-Resi dentia l Land Use Des ignations rJJ Commercial I Office I Residen tial e -Commercial I Residentia l cc ~ c:::::::J Industria l / Residential ~ '""3 Public faci lities '""3 M c:::::::J Quasi-Public/ Institutional ~ ~ c:::::::J Par ks a nd Open Space ~ ~ C=::J Riparian Corridor M (j c:::::::J Transportati on '""3 ~ c:::::::J County ~ Residentia l Land Use De si gnatio ns '""3 c:::::::J Very Low Density (Slope Density Formu la) 0 c:::::::J Low Den sity (l -5 DU I Ac.) '""3 = c:::::::J Low Dens ity (l-6 DU I Ac.) Rancho M Rincon ad a < -High Density (>35 DU I Ac.) 0 '""3 Note : Figure is not to sca le NEB M ~ rJJ 82 (j I Ul Ul LAND US E & DEV E LOPM E NT STANDARDS I 2 Figure 2 -14 : Zoning As Amended by Initiative h t I_ ~ <l <l <1 <l <J <l <l ~! _ ... u.otJt 111' -~--t.3 ·i .. ·. '. ·.' .r.~~' / !~9!:l j ~;:;;:1~:1 §~1'1i1 "1111 m.$ / I · )) ~,J'·i :'.1 ~:rr :wli '"l.l l:i .i !i :>L ..,.__.., ... , ""'""'\/£ Legen d City Boundary ••••• Heart of the C ity Speci f ic Plan A rea ··•"•'• -VTCS P Va lko Town Ce nter Specif ic Plan c:::::J Al Agricultura l Residentia l c::::::::::J BA Public Bu ilding c::::::::::J BQ Quasi Publ ic Building CG General Commercial c:::::::::J M p Plan ne d Industria l Zone c:::::J p Mixed use Planned Development c::::::::::J OS /PR Open Space I Publ ic Park I Res id ential Zone c:::::J Rl Sin g le Family Residential c:::::J Rl C Sin g le Fam ily Res idential Cluster c:::::J R2 Res d ienlial Duple x R3 Mu lti pl e f am ily Res identia l c:::::J Transportatiion Adopted by Ord inance 436 Ad opted by Ordinance 1368 c:::::::J Ad opted by Ordina nce 350 [ = J See Mosler Plan /Spec ific Plan I Conce plu ol Pla n for detai ls NEB N ote: Figu re is not sca le VALLCO TOWN C ENTER SPECIFIC PLAN I 2-27 ~ '.Z ~ i-3 ~ > i-3 ~ < M ~ M > en e ~ M i-3 0 co M en e co ~ ~ i-3 i-3 M ~ ~ ~ ~ (j i-3 ~ ~ i-3 0 i-3 = M < 0 i-3 M ~ en 83 (") I Ul 0-- 2 I LAND USE & DEVELOPMENT STANDARDS Figure 2-1 Sa : Town C e nte r Districts I I ~ <"\i p -:t:- ,,_1_r_1_1_1_1_1r1_T_l_l_l_l_l_l~l-I. ' /I -. E Street ----J i -~/1.l l ~ 12 1·1 II I' i ! --D srreet ~~ ..... ~ j 1 i CJ J To wo Sqo o ~ I I i l ' 10 East 9 ol I , _ u -, 9 I ------J; / I r i ----. <;: Stre1~t ) i / \~ -j M • I 1 I , l'i ! -----I I Legend C : ::::l Tow n Center Retoil I Office C : ::::J Town Center Retai l I Residentia l C : ::::J To w n Center Retai l I Entertain ment I Office I Res identia l C : ::::l Town Center Hotel I Pa rking Note : Fi gure is not to sco le NEB I --.:-.::-------I ,... -...-----.. L·-·-·,-·-·-..,~tt~<!P!P ·-·-·-·-·-··-·+·-·-·-·-·-·-·-·-·-·-·-·-·-·-·• / \ -. I ( ! --------. -------·· '\ i ----'1 r----~ ,/' ~\ \ ////,---1 ~Ll!I 6 111 1 5 I ! ! I 4 I'" D 1 i I , // / ,-' : ~ a; , I Qi ]I ' _./ ,' I --~ -~ I >-/ , ------____ :; -QJ I ' _::--/ ,' I U") --astreer -----•---_] ________ -~I/),. --• ' -• __, -' 14 I ' ~ • ' ;o . I -• .• I ' . v • "' 01 / ... :.:.>···· : _I 3 I " 3 Towo ""''" I I' ~-I ' r ' I Wilst 2 I 2 OJ I I I ~- ... I t ,_ 1 U I '---------------------------'I L.-, -_JJ.[ ~~]~,.i------' -_JJ_ ~! i -;,.------A.~ '-' !1:1 · ,.·-·-·-·-·-·-·-· .. ·-·-·-·-·-·-·-·-·-·-·" I 11 r 'lil ]Jl ·-.. 1-·-·-·-·-·-·· • I I i 1 1 I : 1 i '! t II . --H • -• Ii ' I I i ,i. I -I -I -1 -I -I -I -I -I -I -I -I -I -I -(,. I-. I ;; I ii-T~ I ... I • : I 2 -28 I VALLCO TOWN CENTER SP ECIFIC PLAN ~ 'Z ~ ~ ~ > ~ ~ < M ~ M > rJl d ~ M ~ 0 ~ M rJl d ~ ~ ~ ~ ~ M 0 0 ~ (") ~ r ~ ~ 0 ~ = M < 0 ~ M ~ rJl 84 (j I I.JI -....] LAND US E & DEVELOPMENT ST AND A RDS I 2 Figure 2 -1 Sb: Community Park and Nature Area District / / I ' / I /~=-·-~-=---=-·~·~·'-'-_'-~·=-·~. -· =-· -· -· ~_·-· -., . i r-·---·--~·---·----·,,,,-~~-.---1---·---·---·"'--~~...,--.-, ' 1 1 ' i1 ! /. ii a -I I ; I I I I I I ~ Legen d _ C : ::I C ommun ity Park and Nature Area \ ~ 'V I I I . I / 1 ID ~I 1 1 I! 7 GJ 1~i I . ~ u · I , i I I I I 1/i I 1+ ... 1 Nffi I \ I I / I I I fi .:f /_ - I I I I -- I I I I I I / I r -·:-- L -·-·--·---.-.-·J I ' r ·[] ii lJ ' 0 :\ \ 5 -·-~ Note: Fi gu re is not to scole --·~ --j ~I J r~--. N.Wo lleRood ' --d ('J ~~i·==,~--~~~~.,-, ' ~! ~----------------------- 0 _i...-·--"--*-----·--, -·-·-· .. -r · 1i ~ I ~ ... ,__..,._ I I I, l 1 r--:-1-·· -~ ·1 i \ii ~. -· -• u, I 1 i , ~i ' . > c ,. Q)• I .;:;1 I --·-···-I-1-, .... ,.-1-.1..m1111 ..i:ii.a...L --. .... l.l .... -f... . .J J 1 I, --_-- VALLCO TO WN CENTER SP ECI FIC PLAN I 2 -29 ~ z ~ ~ ~ > ~ ~ < tt'j ~ tt'j > \fl e ~ ~ 0 eo tt'j \fl e eo ~ ~ ~ ~ tt'j ~ ~ $3 tt'j (j ~ ~ ~ ~ 0 ~ = tt'j < 0 ~ tt'j ~ \fl 85 (j I u. QO 2 J LAND USE & DEVELOPMENT STANDARDS 2 .4.1. Town Center Retail/Residential District Blocks l , 2, & 4 Predominant Land Uses Retail/Restaurant/Personal Services Community Benefits -Education & Ci vic Mobility Hub Residential (including Senior units) Amenity & Support Space The To w n Center Retail /Residential District is bounded by Stevens Creek Boulevard , the Portal neighborhood, the Mixed-Use Entertainment District and North Wolfe Road. Commercial uses may include retail, personal services , ci vic , and small format medical uses, in addition to residential use. The vision for this District is to create an acti vated ground-floor commercial To w n Center that is supported by residential above. One or more north-south tree-lined streets w ill be flanked by a mi xture of local , national , and /or international brand commercial stores. These streets are designed to enhance the retail shopping experience by prov iding a v ibrant and comfortable space for walking, sitting, eating and socializing throughout the day and evening. These streets are designed to be Complete streets, w ith pedestrian- oriented streetscapes and shared vehicle/bike lanes to maintain slow traffic speeds . Sidewalks w ill incorporate planting areas and places for sitting. These spaces include a richness of textures, prov ided by pa v ing patterns , planting, lighting, and informal places for gathering . Canopy trees w ill enhance the streetscape and prov ide shade along the sidew alks and seating areas . A long Ste v ens Creek Boule vard , glass facades of multi-level spaces can animate the streetscape w ith a leisure , fashion and technology flagship 2-30 J VALLCO TOWN CENTER SPECIFIC PLAN stores that epitomize the lifestyle of Cupertino, and identify it as a place that celebrates recreational , casual and creati ve acti v ities. Upper le vel residential apartments w ill serve a range of household types , including units dedicated as senior market-rate apartments. The residential apartments w ill comply w ith the City 's BMR Housing Mitigation Program. Per City policy set forth in the Cupertino Municipal Code, the To w n Center is encouraged to meet this requirement by providing affordable units on-site rather than paying the in-lieu fee, and as it is a City priority the City w ill work to provide a reasonable accommodation of same. To help facilitate alternative transportation options, a Mobility Hub is en v isioned (likely fronting Ste vens Creek Boulevard) to accommodate local transit and the proposed Ste vens Creek Boulevard Bus Rapid Transit (BRT) line , as w ell as serve as a focal point for alternati ve transportation support services (e.g., bike shop and storage , bike share rentals, sho w er facilities, membership car rentals such as car share , and a transit information kiosk). Town Square W est w ill be a publicly-accessible plaza designed w ith landscaping, public art, enhanced pa v ing areas , and seating areas that w ill create a fle xible gathering space for outdoor events such as concerts , cultural events , outdoor market, outdoor performances, food festi vals , holiday events , outdoor movies , outdoor sports acti v ities , etc. These areas w ill be surrounded by flexible areas that could also host events and festivals or serve as exterior dining or social space. Streets surrounding the To w n Square West w ill be designed to be closed at certain times to host events , festi vals , or during busy w eekend and holiday times . Permanent closure of streets in this District may be explored in the future , market conditions permitting . An approximately l 0 ,000 square foot , turn-key High School Innovation Center that can be operated by the local high school district is expected to be included in this District. This flexible, multi-use space can be used by high school students to build proiects together w hile collaborating w ith members of the greater community . Working in coordination w ith the District operator, programs and facilities en visioned may include : ~ '.Z ~ '""3 > '""3 ~ < M ~ M > 00 e ~ '""3 0 co M 00 e co ~ ~ '""3 '""3 M 0 0 ~ (j '""3 ~ ~ '""3 0 '""3 = M < 0 '""3 M :-0 00 86 (j I UI \0 • Student led businesses incubator; • Work-based learning initiati v es hub; • Robotics team competition space; • Multi-disciplinary student maker, creati ve, brainstorming and prototyping space; • Centrally located classroom for students from all fi ve campuses w ithin the district; • Performance space; and • Exhibition space. LAND USE & DEVELOPMENT STANDARDS I 2 ·~:~~~~r ; \ ··'tt:1~'. ~ ., ... '~ i!' VALLCO TOWN CENTER SPECIFIC PLAN \ 2-31 ~ '.Z ~ ~ > ~ ~ < ~ ~ ~ > 00 cj ~ ~ ~ 0 co ~ 00 cj co ~ ~ ~ ~ ~ ~ ~ ~ (j ~ t"'i ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 87 (j I O'\ 0 2 I LAND USE & DEVELOPMENT STANDARDS 2.4.2. Town Center Retail/Entertainment/Office/Residential Blocks 3, 5 & 6 Predominant Land Uses Entertainment Retail Public/Civic Fitness O ffice New and exis t ing entertai nment uses , including a multi p lex movie theater, bow ling a ll ey, and ice rink are anticipat ed to be included in the Town Center Re t ail /Ent erta i nment/Office/Residentia l District , locat ed in t he no rt hw estern corner of Plan Area. Additiona l suppo rt ing uses may include re ta il and commerc ial uses suc h as restaurants and personal serv ices , a fi tness faci lity, and t he possibi lity of office , res ide ntial , and co m muni t y benefit uses . This D istrict is en vis ioned to ha ve an integrated mul t ile vel complex w ith the south facing facade looking ou t o ver th e open air acti vities of Tow n Square West (descr i bed below). The facades facing t he residentia l neighborhoods to the w est should be des i gned so that t he ente rt a i nment bu il ding w i ll ha ve a so lid w a ll, w it h f ew or no open i ngs (except the f itness use, w ith consideratio n to privacy) so tha t any sound ge nera t ed by the uses w i ll be acoust ical ly att enuated and any v ie ws onto ad jacent residential properties w i ll be blocked . As not ed in a Genera l Plan Strategy, entertainment uses are required to constitute no more than 30 percent of the tota l reta il uses w ithin the Plan Area. 2 -32 I VALLCO TOWN CENTER SPECIFIC PLAN ~ '.Z ~ ~ ~ > ~ ~ < t:'!'j ~ t:'!'j > rJJ. e ~ ~ 0 co t:'!'j rJJ. e co ~ ~ ~ ~ t:'!'j c c ~ ~ (j ~ ~ ~ ~ -0 r I ~ = t:'!'j < 0 ~ t:'!'j ~ rJJ. 88 r".) I O'I ~ 2.4.3 . Town Center Retail/Office District Blocks 7 through 12 Predominant Land Uses Office Retail Amenity & Support Space Transit Center The Town Center Retail /Office District will contain Class-A office space and Amenity & Support Space that wi ll provide state of the art, efficient, susta in able, and flexible space for a range of users across th e lifecycle of Silicon Valley companies. Pursuant to established City practice and policy, Amenity & Support Space serving the Office shall not require an Office space allocation from General Plan Figure LU-1. Office entrances, lobbies, and some Amen ity & Support Space may be located at ground le ve l facing To w n Square East and the adjacent streets . Ground floor uses may also include a variety of commercial spaces along Vallco Parkway Boulevard similar to the Town Center Retail /Residential District described above. Buildings may be linked at upper le ve ls by open-air or enclosed connections or building area . Town Square East is designed as a quiet compliment to the active heart of To w n Square West, include landscaping and outdoor seating areas. It primarily serves the surrounding office uses and is subject to safety and security measures for the occupants and the public . Tow n Square East is not expected to be used for events and festi va ls, though these uses may be permitted for special occasions. AT ransit Center is also envisioned in this District . It is intended to cater to employees w ho arrive w ith shuttle busses operated by companies in the District . LAND USE & DEVELOPMENT STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2-33 ~ z ~ ""'3 ~ > ""'3 ~ < trj ~ trj > rfJ e ~ ""'3 0 ~ trj rfJ e ~ ~ ~ ""'3 ""'3 trj 0 0 ~ ~ r".) ""'3 ~ ~ ""'3 0 ""'3 = trj < 0 ""'3 trj ~ rfJ 89 n I O'I N 2 I LAND USE & DEVELOPMEN T STANDARDS 2.4.4 . Town Center Hotel District Blocks l 3 & 14 Predominant Land Uses Hotel(s) Parking , Se rvi ce , Facility Management & Loading The To w n Center Hotel District straddles North Wolfe Road and may contain up to tw o hotels. Consistent with the General Plan {see General Plan Table LU-1 La hotel with up to 191 rooms is envisioned on Block 14. This property may also contain supporting commercial services consistent with a General Plan Strategy which states: "Encourage a business class hotel w ith conference center and active uses including main entrances, lobbies , retail and restaurants on the ground floor." The conference center aspect may be satisfied by locating such a use else w here w ithin the Plan Area and is not required to be attached to the business class hotel. Other permitted uses in this District include permanent parking area {surface or structured), service yard, central plant, public safety facilities , open space , utilities , or similar uses necessary to support the Plan Area . On the east side of North Wolfe Road , Block 13 is already approved for the de velopment of a 148-room hotel , satisfying the General Plan Strategy for a business class hotel. The majority of Block 14 is presently occupied by a surface parking lot and w ill be retained as a legal-nonconforming use until such time as it is proposed for development on a majority of that Block. Block 1 4 may potentially be used as part of planned North Wolfe Road /1-280 interchange improvements, a project applicant may construct dedicated off-ramps and/or on-ramps from 1-280 into and out of the Plan Area. The intent w ould be to alleviate ne w traffic by avoiding the City 's existing street netw ork. Additional free w ay ramps w ould be subject to Caltrans and other jurisdiction approvals. The City of Cupertino has identified future plans for a regionally-serving pedestrian /bike trail parallel to and on the south side of 1-280. This trail 2-34 I VALLCO TOWN CENTER SPECIFIC PLAN outside of the Plan Area w ould be partially funded by this Plan and other sources. ,.... '.Z ,.... ~ ,.... > ~ ,.... < M 3: M > rJ'l e ~ M ~ 0 ee M rJ'l e ee 3: ,.... ~ ~ M ~ ~ ~ n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ'l 90 n I a-., ~ 2.4.5. Community Park and Nature Area Predominant Land Uses Community Space Retail Publi c/Civic Amenity & Suppo rt Space As show n in Figure 2-4: C o nceptual Commun ity Park and Nature A rea , an approximately 30-acre Community Park and Nature Area wi ll be constructed on a separate landscaped roof structure o ver the rede v eloped Mall portion of the Plan Area. The topography of this landscaped roof w ill vary o ver the tops of the buildings , and w ill eventually meet existing grade at the wes tern boundary of the Plan Area. Amenities may include pedestrian trails, a playground , vineyards , orchards, organic gardens, an amphitheater, pav ilion buildings, communi t y hub , student union and a nature area. As shown in Fi gure 7-2: C o nc eptual Trai l Netwo rk , a maiority of the roof structure w ill be open to the general public and accessible for all vis ito rs , subiect to safety and security measures. Multiple pa v ilions w ill be located in the Community Park and Nature Area. Community benefit uses may include a general purpose community hub, an approximately 1,000 seat banquet hall , and a 300-seat outdoor amphitheater. Other community benefit facilities w ill include a chi ld ren's playground , and nearly four miles of pedestrian trails wi th rest areas and fitness amenities. Retail uses may include a beer garden , wine garden and sma ll permanent or transient seasonal retail or fast casual dining kiosks. The banquet hall , community hub and w ine garden adjacent to the vi ne yards may be used for large community gatherings such as w eddings , fundraisers, cultural events and festi va ls and creat e an open and fle xi ble community space for multiple programming opportunities. The LAND USE & DEVE LOPM E NT STANDARDS I 2 Community Hub may open to an amph itheater that connects the t wo landscaped bridges betw een Town Square Wes t and To w n Square East. The programming of the landscape and pa vi lions is intended to create educational, instructional , health and wel lnes s, and artistic opportunities for all residents of Cupertino . The General Plan identifies the Vallco Shopp ing District as a Community Landmark . In compliance w ith the General Plan , the Community Park and Nature Area w ill include a plaque , reader board and/o r other educational tools to provide information regarding the history of the Va llco Shopp ing District . Other pavi li ons and areas w ill be pri vately-accessible for residents li v ing on-site and office employees working on -site. They w ill satisfy the pri va te open space as defined in the Cupertino Munic ip al Code, in lieu of indi vi dual pri vate areas , and they may include residential amenities, such as a pool and c lubhouse, and office amenities, such as a cafe, w ellness , and conference spaces. For safety and security of the public, residential and employment uses, som e areas of the roof may requ ire limited public access such as roof perimeters , roof areas open to below and residentia l and office pa vilions. The Community Park and Nature Area wi ll provide a variety planting zones incorporating nati ve and/or drought tolerant species. The Community Park and Nature A rea is designed to sustainably capture rainwater, manage stormwater runoff, create educational and in structional opportunities, and help reduce carbon emissions by reducing the urban heat island effect. Landscaping and functional elements , as we ll as a number of conceptual illustrations can be found in Chapter 7: Landscaping and the Public Rea l m . VALLCO TOWN CENTER SPECI FIC PLAN I 2 -35 lo-I :z lo-I ~ lo-I > ~ lo-I < trj ~ trj > r.fJ. d ~ ~ 0 ~ trj r.fJ. d ~ ~ lo-I ~ ~ trj ~ ~ lo-I ~ n ~ ~ ~ ~ 0 ~ = trj < 0 ~ trj ~ r.fJ. 91 r"'J I O'\ ~ 2 I LAND US E & D EV ELOPMENT STANDARDS 2.5. Development Standards This section describes the development standards that apply to all districts in the Plan Area . These standards should be review ed in conjunction w ith Chapter 8 : To w n Center Design Guidelines w ith respect to form and function and Chapter 9: Administrat ion, Implementation & Financing w ith respect to regulation and implementation. Development standards address the follow ing topics : • Ground Floor Acti vation • Building Setbacks • Building and Roof Height • Parking • Parks and Open Space 2 .5.1. Ground Floor Activation The intention of th is Specific Plan is to emphasize key streets and spaces around the To w n Squares as centers o f pedestrian acti v ity . These streets are designed to create acti ve and interesting pedestrian en vironments and provide ameniti es and se rv ices for transit users, residents , workers , and v isitors . The primary goal along these street frontages is to enli ven the public realm by locating acti ve use frontages at the ground floor to help establish a comfortable and interesting pedestrian en vironment and support attracti ve and v ibrant streetscapes . In addition to the development standards bel ow, design guidelines for ground floor acti vation are discussed in C h apter 8: To w n Center Des ign Guidelines . Active Use Frontages A cti ve Use Frontages includes ph ysical acti vati o n or visual acti vation, w hich can be achieved through architectural design and programming . A cti vation uses includes , but is not limit to : locally se rv ing retail and 2-36 I VALLCO TOWN CENTER SPECIFIC PLAN services; community benefit uses ; and residential and office amenities such as lobbies, cafeterias , w ellness , and other supporting services. A s sho w n in Fi gure 2-1 6: Act ive Use Street Frontages , acti ve use street frontages are concentrated along Ste vens Creek Boulevard , North W olfe Road , Vallco Park way , A and B Streets , and around the t w o To w n Squares . Prominent focal fac;ades identified for the north side of To w n Square W est , w here the frontage w ill be designed to be particularly unique and pedestrian -focused. Exceptions to these standards shall be discouraged but may be appropriate outside of these focal areas to accommodate important large format tenants or uses on a case b y case basis, such as entertainment users , the market hall , or anchor-style retailers like those along Ste vens Creek Boulevard . Landscape frontages are also identified , indicating passi ve areas w ith minimal pedestrian acti v ity , designed to minimize impacts on the adjacent residential neighborhood . The follow ing development standards shall apply along Acti ve Use Frontages : Accessibility A ll primary entrances should meet the sidewalk at grade and compl y w ith the California Building Code and the A merican Disabilities A ct (A D A ). Gro und Floor Height Ground fl o ors should encourage a high clear finished ceiling height throughout the street level ground floor area Building Lobbies Building lobbies should generally be proportional to the size of the street frontage unless they serve a unique architectural feature or purpose. Pedestrian Scale The first le vel or building base should be expressed w ith facade treatments that are scaled to human acti vity o n the street . Lo w er le vels o f the building could include c hanges in materials or changes in fenestration scaled to create a comfortable pedestrian zone . ~ z ~ ~ ~ > ~ ~ < M a:: M > rJ'J. e ~ ~ 0 ~ M rJ'J. e ~ a:: ~ ~ ~ M ~ ~ ~ ~ M r"'J ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ'J. 92 (j I 0\ Ul Exposure Ground floor uses should be physically and v isually oriented towards a street or promenade. Openness Where architecturally appropriate, the fac;ade should strive to provide a maximum length of an active use ground floor w hich could be devoted to transparent w indows and doors or vis ually open, to allow maximum vis ual interaction between sidewalk areas and the interior of active use spaces. The use of dark or mirrored glass is discouraged. Inactive Facades Garage entries, loading and service entries, transformer rooms , exit stairs and elevators should be designed to be protected and screened from adjacent pedestrian activity. Garage entries should be located away from active use frontages where possible but limited w here necessary. These elements must be incorporated into the overall architectural expression of the building. Occupied Habitable Space Where appropriate, buildings should include a sufficient depth of occupied habitable space at the ground floor. Recessed entries may be included in the occupied habitable space wherever infeasible , reasonable accommodation to activate the st reetscape should be provided. Variety The tenanting of spaces should encourage a variety of tenant spaces, where in no single tenant should occupy a substantially disproportionate percentage of the single street frontage. Visibility The tenanting of spaces should encourage a variety of tenant spaces, w herein no single tenant should occupy a substantially disproportionate percentage o f the single street frontage. Building Entries Non -res idential entrances should be easily identifiable and distinguishable from residential entrances. Recessed doorways, awnings, LAND USE & DEVELOPMENT STANDARDS I 2 transparencies, changes in color or materials are encouraged to identify and enhance residential entrances. Adaptable Active Use Street Frontages To provide design flexibility and accommodate changing market conditions, this Specific Plan also identifies additional Adaptable A cti ve Use Street Frontages. The requirement for Adaptable Active Use Frontages wi ll be met by encouraging an elevated ground floor clear height appropriate for ground floor uses, and building the finished floor at an elevation that w ill allow direct {step free) access from the adjacent sidewalk. Standards identified above regarding Openness and Visibility are also encouraged. Where ground floor active uses incorporate outdoor seating and dining or other program, a minimum sidewalk throughway dimension of 4 feet shall be maintained. 2.5.2. Low -Intensity Frontages Converse to acti ve ground floor areas, the building frontages along the wes tern boundary of the Plan Area, adjacent to the Portal Neighborhood wi ll be designed as low-intensity frontages {see Figu re 2 -17: Pri vacy I Planted Fa ca de s). These areas wil l have minimal or no building access, privacy screening, minimal or no wi ndows, and may ha ve planted facades on the building. In some areas, the green roof of the Community Park and Nature Area meets the ground level. In the event that Block 14 is developed, privacy screening and planted facades wi ll be added to ensure protection for the adjacent Portal Neighborhood. VALLCO TOWN CENTER SPECIFIC PLAN I 2-37 )oooooo( '.Z )oooooo( ~ )oooooo( > ~ )oooooo( < M ~ M > rJJ e ~ ~ 0 ~ M rJJ e ~ ~ )oooooo( ~ ~ M ~ ~ )oooooo( ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 93 (") I 0-, 0-, 2 J LAND USE & DEVELOPMENT STANDARDS Figure 2-16: Active Use Street Frontages i ! I I ~ '\; j'i ~ I I I I I / I I ' I I I I I I I r''=·--"-' -"-'~·~··~,=··-'=~· -· -· -·-·-.~. -t·, Legl'.n d I E~e~ -Active Use Street Frontages _ Q Town Square ~ East ~ 10 ~.' I ~ Stre•I ] 'I -B , t 7 Note: Figure is not to sca le NEB N. Wolfe Road L.-·-·-·-·--·-·--·-·--·-·-, / ---:111 I .// il --6 ----~ I 5 I I 4 I' [] I i :---------' 14 :1> -~-~ --B '""'' -----• H -~ 1:1 c~~-~-m __ m_ n , ] ~ r , I ,~ Sqom, -i -1 is .... 0-----i: -----------'! , West 1 2 2 _,,,. _I ~ I i ~I L ----------r-·-r-.--·-------· A~~' I ._ u 1 -· ----------1 I , H , i:-r , ~ 11[ I I I I I ,, L --·-·-·-·-·-·-·-·-·-·-·-----1~·-·-·-=-·-·j 2-38 / VALLCO TOWN CENTER SPECIFIC PLAN ~ z ~ ~ > ~ ~ < M ~ M > rJj c ~ ~ 0 ee M rJj c ee ~ ~ ~ ~ M 0 0 ~ ~ M (") ~ r ~ ~ 0 ~ = M < 0 ~ M ~ rJj 94 (j I O'\ -....:) .' Figure 2-17: Privacy I Planted Facades / I I . I /' I I I I .r I ~ I cy I j\ l ~ I I -; I I I LAND USE & DEVELOPMENT STANDARDS I 2 r··-·-·-·-. -~ -·· ~~. -. -. -. -. --~. -. ., I .I '2 (f' " I i ----· · o-streef . _ -·· >l o . ]liG i ~J 10 I !"tJ M i Tow n Squa re Eas t I 9 11i I 8 1' St<el 7 I .~i L ~en d -Plan ted I Priva cy Facade Nole: Figure is no! lo sca le N ffi I N. Wol fe Road L ·-·----·-·-·-·-·-·-·-·-·-I ·1 I . // -/ ~ ////----1 ~1 .____I -_ --=-6 __ __JJ l I s I I • I ~D /. -···--' 14 'tu · ~ s-51i00r """" • : t .· / c:·:/· :r I 3 1 -~·-1 3 I Tow n Sq uare ': -, ------,-~-IJ ·- / ----------------------' , , . West 2 2 I I A Sfreef _ ·'--I '-·-·--·-·---·f·--~-~ -·---·--·-·-·-·-·-·-·-·-·-·~;-, ·1 'I •I 11 l .. l l ""2 1 ' §?. ..!!2 1 ;;). c2 1 ~i ~u 1 _; ~ ~I I ai • I .n ! I I IL. -. -. -. -. -. -. -. -. -. -. -. ---. -i ~. -. ~. ~::_-· .. ..L . .J VALLCO TO WN CENTER SPECIF IC PLAN I 2-39 ~ z ~ ~ ~ > ~ ~ < t'i'j ~ t'i'j > rJJ. Lj ~ ~ 0 eo t'i'j rJJ. Lj eo ~ ~ ~ ~ t'i'j ~ ~ ~ ~ t'i'j (j ~ ~ ~ ~ 0 ~ = t'i'j < 0 ~ t'i'j ~ rJJ. 95 ~ I 0-, QO 2 I LAND USE & D EVELOPM ENT STANDARDS 2 .5.3. Building Setbacks Building setbacks define an appropriate buffer betw een the street and building footprints and are the principal w ays by w hich the character of streets and open spaces are differentiated. As a transition between the public and pri vate realm , building setbacks are intended to encourage an acti ve pedestrian realm and help define the pedestrian character of the Plan Area . Building setbacks from public road ways (e.g., Ste vens Creek Boulevard , North Wolfe Road , and Val/co Parkway) are measured from the edge of the adjacent curb, excluding shuttle , bus , and vehicular car ramps curb cut-outs. (See Figure 2-18: Building Setbacks From Public Roadways .) No building setback limits are defined for building frontages that face internal pri vate road w ays w ithin the Plan Area. Typicall y, gi ven the intent to create a pedestrian-friendly, w alkable To w n Center en v ironment, most building frontages w ill extend to the built-to line at the internal edge of the sidew alk . Additionally, buildings incorporating ground floor retail uses w ill ha ve w ider side w alks to accommodate greater pedestrian acti v ity , the display of goods, and to accommodate street furniture (e.g., benches , bike racks , and trash receptacles), and outdoor dining. Building setbacks on A Street ne xt to the existing residential neighborhood are designed to achieve at least a l : l plane from the property line to the closest building height as defined in Section 2 .5.4: Bui ldi ng and Roo f H e igh t . This w ill ensure a maximum privacy design be tween the Plan A rea and the adjacent neighbors. The entertainment building in the block should be designed to ha ve a solid w all , w ith fe w or no openings (e xcept fitness use , notw ithstanding other pri vacy considerations) so that any sound generated by the uses w ill be acoustically attenuated. See Figure 2-19: Buil di ng Setbacks from Adjacent Neighborhoods . 2-40 I VALLCO TOWN CENTER SPECIFIC PLAN )mo( ~ )mo( ~ )mo( > ~ )mo( < t'rj ~ t'rj > rJJ e ~ t'rj ~ 0 co t'rj rJJ e co ~ )mo( ~ ~ t'rj ~ ~ )mo( ~ t'rj ~ ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ 96 (j I O'I \0 LAND USE & D EVELOPMENT STANDARDS I 2 Figure 2-18: Building Setbacks From Public Roadways ~ 'V :i' .:f- I I I I I I I /. I /·' I I I ,._,~. ~. -• -• -·-·-. -• ~-7~. -• -• -· -· _ • ....:..._ • ., I E Street ~8 D Street Town Squa re East C Street 8 .---------., r--1 -: ---..] - Le9en d -Minimum 35 Feet fro m Edge of C urb M inimum 20 Feet from Edge of C urb Note: Figure is not to sca le Nffi I I N . Wo lfe Road L·-·-·-·-·--·-·-·-·-·-·-·-·-·-, I I I I - I .. ·I r i I i I I . r I • / 1 ; 6 5 "Qi I • I I '' : -' ' ~ .. . . . ~ . . . ---~D ,-' • -> a srre.1 , " r-----~-----: ___ / 14 i ~ I 3 r i ~ I 3 I Tow:v::a" I 2 I _ 2 ~ _____________________ -----' A SJreel I /' '-1-·-·-·-·--·_r·-·-;-··. -. -. -. -·-· -. -. -·-. -. -· -. -·-. -.. ., I 1 II 1 · 1 , I 1 I ii J 'E l o . ~I ::>. ,g l -'>!.. ~I U j I V) c · g;>I Ql . I v;~ I L·-·-·-·-·-·-·-·-·-·-·-·---·-;~---~·~·--~.~ VAL LC O TOWN CENTER SPECIFIC PLAN I 2-4 l ~ z ~ ~ > ~ ~ < M ~ M > \Fl e ~ M ~ 0 co M \Fl e co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \Fl 97 ("') I ...... 0 ; 2 I LAND US E & DEV E LOPMENT STANDARDS Figure 2-19 : Bui lding Setbacks from Adjacent Neighborhoods I I I I /. ~ cy j\ ~ .I I I f I I I / I I I / I I I ' I I I I I /' ~-~·=·-·-·----~-~--·-·-·-·-·--~·. -. ., /. E Street I 12 HU H J _JH _____ l l I I I . ,..j .. Qj 8 ; I ~ pi · 10 ro I M; D-Street Town Squa re Ea st 1·---9----.1 :j: ~-----1. •ol I 8 ,~ Stee l 7 (: N. Wolfe Ro a d L. ///---)~./ 6 I t . , l i.n --._ ________________ _,. 14 !(I 3 ,-~!-, 7 H I Town Sq uare Wes t A Street L/-·-·-·-·---.J·-·:·,-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-;-.•-, l ;I ii II L--·-·-·-·-·-·-· 2 -42 I VALLCO TOWN CENT ER SP ECI FIC PLAN Legend -Mini mum 3 5 Fe et fro m Prope rty Lin e Nole : Along l he Porta l Ne ighbo rhood, a bu ild in g p lan e limit sha ll also apply as further desc ribed in th e Specific Pion . Note: Figure is not to sc a le NEB - l 1 ., "E l '0 . ~I :::>. JS 1 _,,,. al I u j 1 ,' ~· 1 ~! vi j I I -·-·--;·-tr·----~7-.~-~ ~ z ~ ~ ~ > ~ ~ < ~ 3: ~ > r.r.i e ~ ~ ~ 0 ~ ~ r.r.i e ~ 3: ~ ~ ~ ~ 0 0 ~ ~ ~ ("') ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ r.r.i 98 (j I -....) ~ 2 .5.4 . Building and Roof Height Building and park (i .e ., green roofj heights in the Plan Area define the three-dimensional maximum height envelopes . To provide flexibi lity and the opportun it y for a degree of variety of the bu ilt form, the exact location and shape and orientat ion of bu il ding foot prints within the bui ldab le envelope is not defined . Al l building designs will be required to be re v ie we d for compliance w ith California Building and Fire Code . Maximum bui lding height shall not exceed the maximum height as shown in Figure 2-20: Bui ldi ng He ight . Height Definitions Given the fact that the Town Center envisions a separate green roof structure tha t w il l funct ion as Community Park and Nature Area, heights are defined separate ly for the building (bu i lding he ight) and the e levated park structure (park height) and associated pavi lions. Bu ildi ng heig ht is defined as the vertical distance measured parallel to the natural grade to the highest point of ext erior construction, exclusive of mechanical enclosures, parapets, antennas or other appurtenances. Sloped building roofs, in excess of 30 degrees from the ho rizo ntal , are measured to the midpoint of the vert ical dimension of the top of the bui lding . Roo f hei ght is defined as the vertica l distance measured from t he top of the bui ldings to the top of the structural roof, w hich w ill vary in height between 0 and 25 feet to accommodate mechanical equipment and the va riable curvature design of the roof. Ancillary roof structures (i .e., pa v ilions) are defined as an additional height variance applicable only to those respective roof structures. Parapets , railing , planters, mechanical equipment and vents and other similar structures are excluded so long as they are set back from the roof edges and appropriately screened from publ ic vi ew. Building Height Building heights w ill be higher on the east side of North Wolfe Road in the To w n Center Retail /Commercial District due to lack of residential neighbors and both office and freeway uses adjacent to this area and w ill LAND USE & DEVELOPMENT STANDARDS I 2 rise to no greater than 95 feet at the highest point . Buildings east of North Wolfe Road are expected to range between four and six stories . Bui ld i ngs on the west side of North Wo lfe Road wi ll vary in height as appropriate to minimize impact on the existing residen ti a l neig hborhood along the western property line. A long this western edge bui lding height will range from zero feet to 65 feet, though for bui ldings along the w estern edge at the upper limit of this range there sha l l be pri vacy measures (i.e ., minima l interface, and in the case of Block 3 buildings no or minimal win dows on the outermost w est-facing fac;ades) and a minimum building plane of 1 : 1 for each building . Facades oriented to the interior streets and Town Square West may rise to no greater than 80 feet at the highest point, excluding Block 1 . Pavilion Height and Setbacks The pav i lions as shown in Figure 2-2: Plan Area Rooftop Pav i lions should meet all of the follow ing criteria: • Rooftop pa vilions are to be a single story or no greater than 24 feet in height as measured vertica lly from finished floor elevation at Community Park and Nature Area leve l. A mezzanine le ve l may be allow ed w ithin this height or below the finished floor le vel. • Rooftop pa v il ions may be connected to bu i ldings be low the roof structure • Rooftop pavilions shall be set back from the edge the roof at least 1 00 feet if above w esternmost Blocks 1 and 3 and comply with the 1 : 1 building plane (and 14 if applicable). • No mechanical structures, other than those necessary to support the respective rooftop pa vi lions, is placed on top of the rooftop pavilions . VALLCO TOWN CENTER SPECIFIC PLAN I 2-43 ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > 00 c ~ ~ ~ 0 to ~ 00 c to ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 99 (j I -.....J N 2 I LA ND USE & DEVE LOPMENT ST A NDARDS Figu re 2 -20 : Bui lding Height ~ CV p ~ I / I I I I I I I I I r. -· -. ---·~-·---·~. -. ~ _.__ ·-= ·-. -. -· -. -.-~.-: . ., I E Street l]l 1-= ~ C"') Tow n Sq u a re East <;: Stre~t ..... ~~~~~~~.., .~~~~~~~~~~~ ~ c I .,- B >.I o . ·~1 o · ':;I u · ~I >. I I I I Lege1_1 d A O' to 30' B 30' to 65 ' -c 65 ' to 80 ' -D 80' to 95' * Existi ng Movi e Th ea ter 83' N ote: Fi gu re is not to sca le Nffi I N. Wo lfe Ro ad L .---·-·-·-·-·-·-·-·-·-·-·-·-·-, / / I I I I I I I ,,-----1 1 t ,' I ] / I __ _....,..6 __ - / I / ·-/ ! ~ ------s _ ~ ••••• ./ 14 I [-e ', ./) ----s-Sli'eel * 5 B c To w n Square W es t B B 4 4 £l"fil I Cl -.!:: - Y1r- ~---------...--:;;.,..--~~ i- B B l:? I o . I ~I :::>. dl l ~i u j , I v> • I I I c-:~:~~~---------------~rl 3 .l ~I 3 .I L._._ -·-·--·_;·-··-:-·-·-·-·-·-·-·--·-·-·--·-·-·-A p--~I l 1 ··1 1 I ~-B __ B_ ~I I Q). U>i I 2 -44 I VALLCO TOWN CENTER SPECIFIC PLAN ' l A :~·-·---·-·-·-·-·---·-·-·--~·-1 1 ·-·f·~---...._.j ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > 00 cj ~ ~ ~ 0 cc ~ 00 cj cc ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 100 ri I -....] ~ 2 .5.5. Parking Parking regulations in the Plan A rea ha ve been designed w ith two goals . One is to ensure a sufficient suppl y of parking to meet the needs generated w ithin the Plan A rea so spillover effects into the adjacent neighborhood is avoided. The second is to limit excessi ve suppl y of parking to account for the trip reduction efforts required in the Plan A rea ; and to allow for recent and future advances in technology , such as ridesourcing services , that directly reduce parking needs . The Plan Area has a significant advantage o ver single-use developments because of the proposed mi x of uses w hich allows for a 'park once' philosophy, w hereby visitors w ho dri ve to the Plan A rea w ill only need to park one time and then walk the rest of the time, for example to work, shop, dine , or watch a movie . It is appropriate to account for this internal trip capture to avoid ov ersupplying parking in the Plan A rea. To accomplish Plan A rea goals, parking shall be prov ided in accordance w ith the City of Cupertino Municipal Code Parking Regulations , subject to the follow ing adjustments or exceptions: • Parking generation rates shall be based on local and Institute of Transportation Engineers (ITE) Parking Generation database rates , subject to the professional judgement and interpretation of qualified transportation engineers (as recommended by ITE). • The total baseline target parking supply shall account for applicable transportation demand management reduction strategies , including trip reduction targets , free community shuttle , car sharing , and ridesourcing programs. Transportation Demand Management strategies are described in Ch a pte r 4 : Mobi lity & Connectivity and in A ppendix A: En vironmenta l Design Features. • Parking utilization shall be based on a rate of 85%, unless it is demonstrated to the satisfaction of the City of Cupertino Community Development Director that parking utilization w ill be higher (e.g ., due to the use o f a parking guidance system). LAND USE & DEVELOPM E NT STANDARDS I 2 • Time of day factor adju stments shall be ba sed o n the methodology and findings published b y established parking generation rates, such Urban Land Institute , unless specific factors are not included , in w hich other data sources such as /TE or local factors may be used . • Parking suppl y may be shared w ithin the Plan Area betw een different land uses , e.g., betw een office , residential , and retail uses . • Seasonal variation shall be accounted for by designing for typical w eekday demand. Holiday w eekdays and w eekends shall be accommodated through use of shared parking , time of day factors , and special parking arrangements as described below . • To ensure that any potential parking impacts associated w ith the Specific Plan are eliminated , the En vironmental Design Features (A ppendix A ) w ill be incorporated into the To w n Center. VALLCO TOWN CENTER SPECIFIC PLAN I 2-45 ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > lJJ. ('j ~ M ~ 0 ee M lJJ. ('j ee ~ ~ ~ ~ M ~ ~ ~ ~ M ri ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ lJJ. 101 ~ I -....] """ 2 I LAND USE & DEVELOPMENT STANDARDS Based on the application of the above parking regulations to the development program allowed in the Plan Area, the total baseline target parking supply in the Plan Area is 9,060 parking stalls. The following stipulations apply: • Parking deviating from the total baseline target (either above or below) by more than 5% (450 sta lls) shall require approval by the City of Cupertino Community Development Director and shall include a justification for the adjustment being sought. • The baseline excludes parking for Blocks 13 and 14 . The parking requirement included in an existing, enforceable project approval shall be added to the baseline target. Otherwise Blocks 13 and 14 shall be subject to the above parking regulations as adjusted or excepted and added to the baseline target. • Up to 15% of the baseline target parking supp ly may be supplied through the use of tandem, vale t , stacked, or other special parking arrangements (such as mechanical units or automated parking systems) in lieu of independentl y-accessible parking spaces. Additional special parking arrangements may be supplied to accommodate seasonal demands but w ill not count toward meeting the total baseline target parking supply. • Off-site shared parking agreements shall be considered as a parking supply supp lement . 2-46 I VALLCO TOWN CENTER SPECIFIC PLAN ~ :z ~ ~ ~ > ~ ~ < t:'!'j ~ t:'!'j > \Fl ('j ~ ~ 0 ~ t:'!'j \Fl ('j ~ ~ ~ ~ ~ t:'!'j 0 0 ~ ~ t:'!'j ~ ~ ~ ~ ~ 0 ~ = t:'!'j < 0 ~ t:'!'j ~ \Fl 102 (j I -.....1 Ul 2 .5.6. Parks and Open Space The follow ing standards shall apply to new development in the Plan Area and are intended to promote usable outdoor areas . These standards apply to both the To w n Squares and the Community Park and Nature Area , and include both publicl y and pri vately accessible parks and open space features . Both the To w n Squares and Community Park and Nature Area w ill conform to the follow ing general development standards: • Be publicly accessible for use by building occupants (residents and workers) and the general public . • Be designed as a multi-purpose space supporting a variety of acti v ities and events including , but not limited to , concerts and performances, community festi vals and events , art exhibits , car show s, technolog y events , corp o rate functi o ns, w eddings , outdoor mov ies , organized interpreti ve acti v ities su c h as birding , and fitness and yoga classes , pri vate parties , and other similar events and acti v ities. • Be designed to satisfy the recreati o n needs of a variety of user gro ups and a range of both pas sive and acti ve recreati o n acti vitie s. • Create spaces that are acti ve, safe and in v iting , and allow for elements that are engaging and memorable . • Locate the acti ve heart of public life W est of W olfe Road , and the quiet compliment for contemplation and rela xation to the East of W olfe Road on both the roof and street le vels. • For safety and security of the public, residential and employment uses, some areas of the roof and the street le vel may require limited public access such as roof perimeters , ro o f areas o pen to below residential and office rooftop pa v ili o ns , street level access points to the Community Park and Nature A rea above, residential and office building entrances at street le vel , or special events. LAND USE & DEVELOPMENT STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2 -47 ~ ~ ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJJ e ~ ~ 0 ~ t'rj rJJ e ~ ~ ~ ~ ~ t'rj 0 0 ~ ~ t'rj (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ 103 (j I -....) O'I 2 I LAND USE & DEVELOPMENT STANDARDS Town Squares The Plan Area w ill provide two Town Squares that are a minimum of three acres in total. To wn Square West w ill conform to the following general development standards: • In corporate high-quality furnishings and materials inc luding benches, sea t ing areas, signage, spec ialty paving, lighting e lemen ts, and the like. • Incorporate a kiosk for communicating special events and programs both in the Plan Area as wel l as the community at- large . • Incorporate landscap ing that is distinctive and v isually attractive and helps to reinforce a downtown character whi le at the same time resilient to climate conditions such as extended periods of drought and increasing global temperatures. • Adjacent building frontages should be designed to help to activate the respective square. • Adjacent roadways sha ll be designed to accommodate period closure for special events. Town Square East wi ll conform to the following general development standards: • Incorporate high-quality furnishings and materials including benches, seating areas, signage, specialty paving, lighting elements, and the like. • Incorporate landscaping that is distinctive and visual ly attractive and helps to reinforce a downtown character while at the same time resilient to climate conditions such as extended periods of drought and increasing global temperatures . • Ad jacent building frontages shou ld be designed to help to activate the respective square . 2-48 I VALLCO TOWN CENTER SPECIFIC PLAN Community Park and Nature Area The Community Park and Nature Area wil l conform t o the following general development standards: • Incorporate wa lking/jogging trails and associated fitness equipment and facilities. • Incorporate thematic landscaping that is based on the native ecologies o f Santa Clara Valley and is resilient to climate conditions, such as extended periods of drought and increasing global temperatures. • Utilized recycled wa ter for irrigation. • Incorporate perimeter fencing or other suitable materials on the edges of the roof that is aesthetically compatible wit h the overall architectural and landscape character of the Plan Area, wh ile also ensuring adequate safety. • Provide private space for residential and office users. • Provide the necessary life and safety features to ensure a safe, notifiable, and accessible means of access reasonably provided to all areas by emergency personnel. • Incorporate educational programs when possible that are intended t o advance the communities understanding of local hi st ory, nature, and science. ~ '.2! ~ ""'3 ~ > ""'3 ~ < M ~ M > rJ). e ~ M ""'3 0 ~ M rJ). e ~ ~ ~ ""'3 ""'3 M c; c; ~ ~ M (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ rJ). 104 (j I -.......1 -.......1 2.6. Permitted, Conditional & Excluded Uses Table 2-2: Permitted, Conditional & Excluded Uses identifies the land uses that are permitted, conditionally permitted and excluded according to the respective districts as show n in Figure 2-l Sa : Town Center Districts and Figu re 2-l Sb: Community Park and Nature Area Dis t rict. Descriptions of each land use are described below. These descriptions are representative of the types of land uses envisioned and are not meant to be completely inclusive. Other uses wh ich , in the opinion of the City's Director of Community Development, are similar to those identified and do not create significant adverse impacts to the surround ing area due to odor, dust, smoke, glare, fumes, radiation, v ibrati ons, noise, traffic or litter, are permitted or conditionally permitted . Uses that are fundamentally different from those identified below sha ll be at the discretion of the City's Director of Community Development. LAND U SE & DEVELOPM E NT STANDA RDS I 2 VALLCO TOWN CENTER SP ECIFIC PlAN I 2-49 ~ z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ ~ 0 co M rJJ. e co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 105 (j I -..l 00 2 I LAND USE & DEVELOPMENT STANDARDS Table 2-2: Permitted, Conditional & Ex cluded Uses Use Categories 1 Agricultural Uses Alcohol Sales Amenity & Support Space Animal C linics/ Hospitals Automobile Service Stations Assembly Uses Childcare/ Daycare Convenience Markets Community Retail Community Space Educational Uses Entertainment Eating Establishments Fitness , Gym , Health Club Laboratories Late even ing activities which occur between l lpm -2am Light Manufacturing , Processing, Assembly Liquor Store Lodges/ Clubs Medical Office Outdoor Dining Outdoor Uses Parks and Open Space Personal Services Printing and Publishing 2-50 I VALLCO TOWN CENTER SPECIFIC PLAN Town Center Retail I Residential EX p p EX EX p p p p p p p p p EX p EX p p p p p p p p CUP-Admin . Town Center Retail I Entertainment I Office I Residential EX p p CUP-Admin. CUP-Admin. p p p p p p p p p p p CUP-Adm in . EX p p p p p p p CUP -Admin . Town Center Retail I Office EX p p EX EX CUP-Admin . CUP-Admin. CUP-Admin. p p p p p p p p p EX p p p p p CUP-Admin. p CUP -Admin . Town Center Hotel EX CUP-Admin. p EX EX CUP-Admin. CUP-Admin . CUP-Admin . p p CUP-Admin . p p CUP-Admin. EX CUP -Admin . EX EX CUP-Admin. CUP-Admin . p p p CUP-Admin . p EX Community Park and Nature Area p p p EX EX CUP-Admin. CUP-Admin . CUP-Adm in . p p p p p CUP-Adm in . EX CUP-Admin . EX EX CUP-Admin. CUP-Admin . CUP-Admin . p p p CUP-Ad min. EX )ooool '.Z )ooool ~ )ooool > ~ )ooool < t'rj ~ t'rj > rJJ e ~ ~ 0 eo t'rj rJJ e eo ~ )ooool ~ ~ t'rj ~ ~ )ooool ~ t'rj (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ 106 (j I -.....l 'C Use Categories 1 Pub lic/ Civic Public Safety Facilities Regional Retail Residential Services, Facility Management & Loading Storage Garages/ Warehouse Businesses Temporary/ Seasonal Events Telecommunication Facilities Temporary Retai l Warehouses LEGEND : P -Permitted Notes: Town Center Retail I Residential p p p p p EX p p p EX Town Center Reta il I Entertainment I Office I Residential p p p p p EX p p p EX CUP-Adm in . ~Conditional Use Permit -Adm ini strati ve 2 LAND US E & D E V E LOPMENT STANDARDS I 2 Town Center Retail I Office p p p p p EX p p p EX EX -Excluded Use Town Center Hotel EX p p CUP-Admin. p EX p p p EX Community Park and Nature Area EX p CUP-Admin. EX p EX p p p EX l. Other uses which, in the opinion of the City's Director of Community Development, are similar to the permitted and do not create significant adverse impacts to the su rrounding area due to odor, dus t , smoke, glare, fumes , radiation, vibra tions , noise, traffic or litter, are permitted or conditionally permitted . 2. Issued by the Director of Community Development, and subject to direct appeal to the City Counci l. VALLCO TOWN CENTER SP ECI FIC PLAN / 2-5 1 ,..... '.2! ,..... ""'3 ,..... > ""'3 ,..... < trj ~ trj > \JJ. e ~ ""'3 0 ~ trj \JJ. e ~ ~ ,..... ""'3 ""'3 trj ~ ~ ,..... ~ trj (j ""'3 r ~ ""'3 0 ""'3 = trj < 0 ""'3 trj ~ \JJ. 107 () I 00 0 2 I LAND USE & DEVELOPMENT STANDARDS 2 .6. l. Residential Any areas suitable for dwelling that may be rented. Such use may be combined with another use in compliance w ith the permi t requi rements for th e app li cab le to t he Mixed-Use Retai l/Residen ti a l D istrict. Uses include but are not limited to apartments, lofts, micro-units, and senior housing including senior co-housing . Home occupations are permitted when accessory to the permitted use and otherwise confirming to the provisions Cuperti no M u n icipa l Code . The intent of the Municipal Code for residential units to have access to private outdoor areas will be provided through a common outdoor area loca t ed in a convenient ly accessible location on-si t e and exc lusive of genera l public access areas. Residen t ia l private ou t door areas w il l be provided in the Plan Area through the use of private areas, parks and open space areas, plazas, and the like. 2 .6 .2. Office Any estab lishment in wh ich the pri mary activity is a profess iona l service to a client or customer who does not necessarily need to go to the business to be served. Uses include but are not li mited to technology, media, life science, incubator workspace, multi-tenant space, commun ications, government services, accounting, financial, eng i neering, architecture and planning, research and development (R&D}, financial, legal, health services , emp loyee supporting child care, insurance, real estate, and other similar professional services. R&D is permitted if it is conducted a long with the office functions of the user. R&D is defined as activities that lead to the development of a new product or a new manufacturing and assembly process. Products deve loped, manufactured or assembled here are not intended to be mass -produced for sale at th is location (w hi ch wou ld require a separate Retail location in the Plan Area}. Office space includes closets, hallways, and /or other small spaces typically considered part of office. Office space also includes balconies, 2-52 I VALLCO TOWN CENTER SPECIFIC PLAN pedestrian bridges (enclosed or open}, and other similar exterior common areas, but shall not be counted toward the office square foot space allocation. 2.6.3 . Medical Any establishment in which the primary activity is the medical treatment of patients. Uses include small format medical uses (general ly less than 5,000 sf.} and medica l clinics. H ospita ls are not perm itted . 2 .6.4 . Amenity & Support Space Consistent with existing City policy, amenity and support space that is incidenta l to a n d in support of a princ ipa l st ructure or use, and intended to promote persona l enrichment for employees, enhance their health and wellness, and otherwise reduce their vehicle trips, shall not be counted toward the office space square footage allocation. Examples of amenity and support space include, but are not li mited to, fitness and wellness center, clubhouse, common kitchen and dining room, movie room, business center, conference center, cafeteria and/or cafe dedicated to serving employees, atriums, employee-serving Transit Center, employee break space, lounge, office support space, testing and workshop fac i lities, anecho ic chamber, aud itorium, and other misce l laneous supporting spaces, bike rooms, large storage and utility rooms, and non-habitable supporting mechanica l facilities (e .g., HVAC), as well as residential recreation space (e.g ., pool, sun deck, fitness}. 2.6 .5 . Retai l Regional Retail Any retail business that is typically greater than 20,000 square feet and generally serves a broad population, including residents from surrounding communities, and prov ides a source of sa les t ax reve n ue for the City of Cupertino. Uses include but are not Ii mited to anchor retail stores, department stores, apparel, variety stories, hardware, home furnishings, technology ~ '.Z ~ ~ > ~ ~ ~ ~ M > 00 e ~ ~ 0 ~ M 00 e ~ ~ ~ ~ ~ M ~ ~ ~ ::0 M () ~ t'-i ~ ~ 0 ~ = M < 0 ~ M ::0 00 108 ("") I 00 ~ and electronics, general retail uses , customer supporting child care , and dining establishments. Community Retail Any retail business that is typically 20,000 square feet or less and generally serves local residents and employees and provides a source of sales tax revenue for the City of Cupertino and is otherwise supporting use that contributes towards the synergistic success of the Town Center by drawing customers to the Plan Area. Uses include but are not limited to retail stores, specialty boutique shops and food stores, bike shop, personal and professional services (see definition below), customer supporting child care, and neighborhood conveniences . Temporary Retail Any retail or personal service that is created on temporary basis and contains no permanent structures or facilities, or occupies a permanent space on a temporary basis (i.e., seasonal sales). Uses include but are not limited to vendor stalls such as for a farmer's market or craft show, mobile carts, food trucks , seasonal sales , and informational sales booths . Entertainment Any use that involves the commercial operation of a recreational and/or amusement activity. Uses include but are not limited to cinemas, sporting facilities (e .g ., ice rink , bowling alley, bocce ball, ping pong , billiards hall), conference facility, performance (e.g., theater), and dance hall. Eating Establishments Any type of food and drink establishment that prepares and sel ls food and drink for immediate consumption on, or off, the premises. Uses include but are not limited to: full-service restaurants w ith separate bar facilities, fast-casual restaurants or kiosks , banquet facilities , a market LAND USE & DEVELOPMENT STANDARDS I 2 hall, and any entertainment facilities (e .g., dancing, live music) in association w ith a restaurant, pop-up food service, temporary event food service (i .e ., kiosks , cart venders, food trucks). Such uses are perm itted until 2:00 AM assuming the sound is adequately contained and is consistent with noise standards as defined in the Cupertino Municipal Code. Alcohol Sales A commercial establishment engaged in the sale of alcoholic beverages for both on-site and off-site consumption. Uses include a bar, liquor store, and alcohol sales within a retail use. Outdoor Dining Dining that occurs in outdoor areas (including pri vate outdoor spaces and sidewalks) that are adjacent to an interior dining establishment . Outdoor dining is allowed and encouraged throughout the Plan Area . Outdoor dining may encroach into private street parking areas if certain stalls are excess or unused and can be reused as optional dining areas , as well as on streets that are closed during event times . Outdoor dining in the public right -of-way is subject to applicable City regulation is place at the time . Uses include but are not limited to restaurant and mobile dining such as food trucks and temporary (event-based) eating facilities . Personal Services Any establishment in w hich the primary activity is associated with personal grooming, care , exercise , and medical health and w ell-being. Uses include but are not limited to beauty salons , barbershops, small format patient care (medical), public-serving fitness centers, shoe repair, spa/wellness center, travel agencies, insurance, art studios, real estate, pet services {grooming, sa les, boarding), tailor shops, child care (for on- site employees, residents, retail customers), magazine and newspaper outlets, dry cleaning and laundry services , spas, and yoga centers. These uses support and enhance retail uses by establishing an authentic VALLCO TOWN CENTER SPECIFIC PLAN I 2-53 ~ z ~ ~ ~ > ~ ~ < M ~ M > rJ). Cj :::r= M ~ 0 to M rJ). Cj to ~ ~ ~ ~ M 0 0 ~ :::r= M ("") ~ ~ ~ ~ 0 ~ = M < 0 ~ M :::r= rJ). 109 (') I QO N 2 I LAND USE & DEVELOPMENT STANDARDS neighborhood feel and creating opportunities for additional customers to patronize the Plan Area, thereby increasing retail sales. Outdoor Uses Any outdoor uses associated with the retail tenants , such as outdoor display of merchandise, planters, outdoor seats, tables, merchandise holders/disp la ys, or any other items placed by busines s owners or operators. These uses wi ll be managed by the City of Cupertino and a proiect applicant to minimize impacts to surrounding neighborhoods. 2 .6 .6. Lodging Any establishment that rents rooms for transient occupancy to overnight guests for periods of 30 or fewer calendar days . Uses include but are not limited to hotels , motels, bed and breakfasts, and hostels. Ancillary uses may include convenience retail, conference and meeting space, eating establishments, and other supporting commercial uses that provide service to the v isiting public. 2.6.7 . Public /Civic A ny facility, leasehold , organization or institution that is owned and operated by a governmental or other public agency, not including parks and open space, or any facility owned privately but intended for use b y a governmental or other public agency or the public. Uses include but are not limited to schools, government offices, and public safety facilities such as police, fire, and emergency medical services. 2 .6 .8 . Community Space Any establishment that is open to the general public or a group of members that involves public, assembly, social, cultural, or educational purposes. Uses include but are not limited to education facilities (e.g., high school innovation center), museums, daycare, public serv ices , assembly spaces, 2-54 I VALLCO TOWN CENTER SPECIFIC PLAN public kiosk, banquet hall, Mobility Hub, amphitheater, community center/meeting space, and other similar community-serving facilities. 2 .6.9 . Temporary/Seasonal Events An event that draws people to a public or private function. Event examples include but are not limited to holiday festivals (Christmas, Chinese New Year's, Di wa li , 4 1h of Jul y), outdoor music concerts, seasonal theater (plays, school performances), cultural events (farmer's market, art and wine shows, craft shows, food festivals, religious events, carnivals), movie nights , art installations (permanent, rotating, on-time), unique events {educational competitions, robotics , product launches , presentations/talks, seminars, conventions), civic events {holiday tree lighting), health and fitness (runs, exercise, shows). During event, streets may be closed to accommodate the event space, traffic needs, and event support facilities. Events wi ll be managed by the respective property owner or their designee to minimize impacts to su rrou ndi ng neighborhoods. 2 .6 . l 0 . Telecommunication Facilities All types of aerials and associated facilities used for w irele ss communications, that is, the transmitting and /or receiving of vo ice , data, video images and o ther information through the air via signals in the radio and microwave frequency band. Uses include but are not limited to aerials for amateur radio, tele v ision , w ireless modems, cellular repeaters, enhanced specia lized mobile radio (ESMR), personal communications services (PCS), paging sys tems , satellite communications and other wireless communication technologies utilizing signals in the radio and microwave frequency band. 2 .6 . l l. Agricultural Land dedicated to the tilling of the soi l, the raising of crops, horticu lture , agriculture, but exclusive of livestock farming of any kind. Uses include v ineyards, orchards, chef's gardens, fruit trees, and the like. ~ z ~ ~ ~ > ~ ~ < trj ~ trj > rJJ e ~ trj ~ 0 ~ trj rJJ e ~ ~ ~ ~ ~ trj ~ ~ ~ ~ trj (') ~ ~ ~ ~ 0 ~ = trj < 0 ~ trj ~ rJJ 110 r") I QO ~ 2 .6.12 . Parks and Open Space Publicly or privately owned land or space that is used for passive or active recreation and entertainment. Uses allowed but are not limited to town squares/plazas, and associated facilities (e.g., trails, playground, benches , fitne ss equipment), adult/children educational seminars, camps, community events, art installations, health and fitness uses (public and private). Uses also include alternative energy facilities in support of sustainability efforts for the Plan Area, provided they are adequately screened and aesthetically integrated. 2 .6.13. Services, Facility Management & Loading Typically non-habitable spaces that are used in support of equipment necessa ry to operate a land use. Uses include but are not limited to central plants, loading docks, waste disposal, and maintenance facilities. LAND USE & DEVELOPMENT STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2-55 ~ ~ ~ ~ ~ > ~ ~ < ~ ~ ~ > 00 e ~ ~ ~ 0 co ~ 00 e co ~ ~ ~ ~ ~ ~ ~ ~ ~ r") ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 111 ~ I QO ... 2 I LAND USE & DEVELOPMENT STANDARDS 2.7. General Provisions The following general provisions apply to all land uses within the Plan Area. 2.7 . l. Severability In the event that any regulation, condition, program, portion or policy of this Specific Plan or the application th ereof to any person or circumstance is held to be invalid or unconstitutional by any court of competent juri sdiction , such portions shall be deemed separate, distinct, and independent provisions and shall not affect the validity of the remaining prov isions of this Specific Plan or applications thereof w hich can be implemented wi thout valid provision. 2.7.2. Determination of Unlisted Uses Determination of unlisted uses for the land use categories of this Specific Plan shall be in accordance wi th Cupertino Municipal Code. 2.7.3 . Applicability This Specific Plan wi ll constitute the zoning for Plan Area . Subsequent development plans or agreements, tract or parcel maps , site plans , or any other action requiring ministeria l or discretionary approval relati ve to the Plan Area must be consistent with the deve lopment standards described in this Spec ifi c Plan. 2.7.4. Boundaries The boundaries of the districts or portions thereof are approximate . Precise boundaries and acreages wi ll be established in conjunction w ith a su bdi vis ion map or site plan . Minor boundary and acreage va riations shall be permitted w ithout an amendment to this Specific Plan, subject to rev ie w by the Director of Community Deve lopment. 2.7.5. Design Guidelines Development shall be designed and built in substantial conformance w ith the Design Guidelines contained in this Specific Plan , as more fully set forth in Chapter 9 Administration, Implementation & Fin ancing . 2-56 I VALLCO TOWN CENTER SPECIFIC PLAN 2 .7.6. Subsequent Building Modifications Subsequent building modifications (subject to approval by standard City permits) shall match the architectural style of the primary building and shall be constructed of the same materials and colors as the primary building and in conte xt w ith the overall Design Guide lines contained in this Specific Plan. 2.7.7 . Temporary Uses The followin g interim uses are permitted on a temporary basis in any block ultimately planned for development uses prior to its entitlement for its primary permitted use . • Simi lar uses allowed within the Plan Area may use the Vallco Mall until demolition. • Stockpiling of soil for use in subsequent construction as part of a grading permit approval. • Assembly uses for regional or community meetings or even ts. • Sporting events. • Construction staging, including materials storage lots for construction, temporary parking , and construction trailers, construction management offices, and the like. • Temporary lane closures or redirections of traffic to provide safe separat ions between the public and construction activities . 2.7 .8. Legal Nonconforming Uses Sites w ithin the Plan Area that contain uses that are not otherwise consistent w ith the Specific Plan are deemed legal nonconforming uses. Any use w ithin the Plan Area la wfully existing at the time of the effecti ve date of this Specific Plan may continue as an interim use subject to the Cupertino Municipal Code. Legal nonconforming uses shall be permitted to cont inue on a legal nonconforming site un t i l such t ime as they are deemed abandoned w hen: (i) any lega l nonconforming use has been discontinued for a continuous period of si x months or more , (ii) w hen the owner of a legal nonconforming site affirmatively indicates in w riting that it has lo-( z lo-( ~ lo-( > ~ lo-( < M ~ M > rJJ. e ~ ~ 0 ~ M rJJ. e ~ ~ lo-( ~ ~ M ~ ~ lo-( ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 112 (j I 00 t/l abandoned the use, and (iii) the owner of a legal nonconforming site redevelops the si te w ith a use not permitted under the most recent classification of the property under w hich the existing nonconforming use was a conforming use . It is the in tent o f this Specific Plan that legal nonconforming uses are allowed until such time as market conditions cause the property on which th ey are situated to be redeveloped. LAND USE & DEVELOPMENT STANDARDS I 2 VALLCO TOWN CENTER SPECIFIC PLAN I 2-57 ~ '.Z ~ ~ ~ > ~ ~ < M 3: M > "(JJ e ~ ~ 0 cc M "(JJ e cc 3: ~ ~ ~ M ~ ~ ~ M (j ~ r ~ ~ 0 ~ = M < 0 ~ M :;c "(JJ 113 (j I QO O'\ COMMUNITY BENEFITS This chapter explains the Plan Area will provide extraordinary community benefits, including a 30 -acre Community Park and Nature Area that is irrjgated by recycled water, approximately $40 million in benefits to the local school districts, as well as senior housing, and transit and transportation infrastructure. ~ z ~ ""'3 > ""'3 ~ < M ~ M > \fl e ~ ""'3 0 co M \fl e co ~ ~ ""'3 ""'3 M ~ ~ ~ ~ M (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ \fl 114 ("_) I QO -....) 3.1. Introduction As described in the General Plan, the Vallco Shopping District Special Area is the City's most significant commercial center and is identified as a separate planning area due to its importance to future planning and redevelopment efforts. The General Plan's vision is for the area to be revitalized and continue to functi on as a major regional and community destination. Recognizing that the existing outdated, indoor-only mall is competitively obso lete , the Plan Area will play a critical role in enabling a successful retail district in a mixed-use se tting w hile facilitating extraordinary benefits to the City and community. To that end, the Vallco Shopping District Special Area shall provide the following exceptional community benefits within the Plan Area (unless otherwise indicated) as provided for in detail in this Specific Plan . These community benefits may be agreed to through a Deve lopment Agreement or, alternatively, may be set forth as conditions o f approval in the Master Site Development Permit. These requirements shall not apply to any development proposed on Block 13 o r any portion of Block 14 not processed under the Master Site Development Permit. Where a communi ty benefit is described below, in Appendi x A: En vironmental Design Features , or e lse where in this Specific Plan, the most detailed description shall govern. 3.2. Civic Benefits • Green Roof and Community Park: A 30-acre rooftop (see Figure 2-4: Conceptua l Commun ity Park and Nature Area ) accessible to the public, privately constructed and maintained at no cost to taxpayers, and irrigated by recycled wa t er. • Rooftop Trails : A minimum of 3.8 miles of accessible walk ing and jogging trails , through native and drought-tolerant landscaping , meadows, v ineyards , orchards and organic gardens in the Community Park and Nature Area. • Sustainability Leadership/Recycled Water: A sustainable design goal of achieving the highest level of certification from a globally COMMUNITY BENEFITS I 3 recognized environmental sustainabil ity certification program, such as LEED Platinum certification or its equivalency, which sha ll be achieved in part by providing recycled wate r for such purposes as irrigation, toilet flu shing, and heating and cooling systems, among other design features . • Public Utility Infrastructure Improvements: This Specific Plan calls for the implementation of substantia l public-serving improvements to the existing utility infrastructural system, including those involving the sanitary sewer system, wa ter serv ice, stormwater drainage facilities, gas and electric support lines, and of course recycled wa ter . • Town Squares: Two ground-level To wn Squares totaling at least 3 acres in area, programmed to accommodate civic, cultural, community, and school events, performances, and celebrations, among other uses. • Community Facilities: Community amenity facilities including an approximately 20,000 square foot banquet/event hall ; a community hub building of at least 6,000 square feet for potential uses such as community meetings, study groups, parent vo lu nteer meetings, or birthday parties; an approximately 300- sea t amphitheater for concerts, band or theater performances , or speaking engagements; and a destination children's playground. • Charitable Civic Space: A charitable lease or leases for at least 5,000 square feet of civic space dedicated for use and potentially shared by local non-profits and civic organizations, such as the Cupertino Hi storical Society (for museum and office space), the Cupertino Library (for a materials pick-up and/or return annex), the Sheriff's Department (for a substation), and the Fire District (for a substation). • Civic Space Option: The ability for a project applicant to provide up to an additional 50,000 square feet for an appropriate, necessary and meritorious civic use subject to a separate agreement w ith the City, thereb y reducing the office use allocation. VALLCO TOWN CENTER SPECIFIC PLAN I 3-1 ~ z ~ ~ ~ > ~ ~ t:i'j ~ t:i'j > \Fl e ::0 t:i'j ~ 0 ~ t:i'j \Fl e ~ ~ ~ ~ ~ t:i'j ~ ~ ~ ::0 t:i'j ("_) ~ ~ ~ ~ 0 ~ = t:i'j < 0 ~ t:i'j ::0 \Fl 115 () I 00 00 3 I COMMUNITY BENFITS 3.3. Education Benefits In addition to paying the max imum state-required school fees , which are expected to be approximately $4 million , the Plan Area w ill provide exceptional community benefits , summarized below, to the local schools including Fremont Union High School District ("FUHSD ") and Cupertino Union School District ("CUSD "). W hile the precise nature of these benefits must be determined in coordinati o n and cooperation w ith the school districts pursuant to separate agreements , the community benefits for local schools shall be valued in the aggregate at no less than 10 times the legally-required amount, w hich would represent a total financial contribution of approximately $40 million. If the school districts agree to these benefits , the follow ing are strongly encouraged : • Construction and 34-year charitable lease of a ne w 10,000 square foot, turn-ke y High School science and engineering "Innovation Center" intended to serve as: o A n incubator space for new student-led businesses , o A hub for FUHSD's w ork-based learning initiati ves, o A place for robotics teams to compete , o Space for student makers fro m a variety of dis c iplines to create , and o A Black Bo x Theatre and Stagecraft Center. The purpose of this large, fle xible, and multi-use space w ould be for FUHSD high school students to engage in projects together, collaborati vely across all district schools , w hile collaborating w ith members of the greater community. Construction and 34-year charitable lease of up to 5 ,000 square feet of classroom and/or administrative space for FUHSD 's A dult School to assist in its mission to prepare its students to achieve educational , career, and personal goals and its commitment to serve the life-long learning needs of the residents of the district's di verse community. 3-2 I VALLCO TOWN CENTER SPECIFIC PLAN ~ '.Z ~ ""'3 ~ > ""'3 ~ < M ~ M > \J1 c:j ~ M ""'3 0 ~ M \J1 c:j ~ ~ ~ ""'3 ""'3 M ~ ~ ~ ~ M () ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ \J1 116 ("j I QO \0 COMMUNITY BENEFITS I 3 Solutions to create net additional enrollment capacity for hundreds of CUSD students , beyond w hat is generated by the Plan Area, and enhance the quality of instruction and student learning. The additional capacity solutions shall be agreed to with CUSD through a definitive agreement and subsequent approval process. Examples of such enrollment capacity benefits could include: 0 0 0 A new 700 student elementary school at the former Nan Allan Elementary School site; Replacement of all portable classrooms at Collins Elementary School with permanent classrooms; Improveme nt and expanded utilization of athletic and recreation facilities at the Nan Allan/Collins Elementary School location; o Funding a $1,000,000 endowment for the long-term sus tainability of the CUSD B'h Grade Yosemite Science Program. o In addition, despite the fact for-rent residential units within Plan Area w ill not enjoy the legal or economic benefits o f indi vidual ly parcelized "for-sa le" units, payment of the equivalent applicable parcel tax to each of the districts for each unrestricted apartment unit allowed by this Specific Plan , subject to additional negotiated terms with the school districts, w hich annual payment is currently estimated to be approximately $135,372 in the aggregate. o Facilitating Experienced Based Leaming: Leases shall include obligations that office and retail tenants in the Plan Area participate in the enhancement of FUHSD students' experience-based knowledge and oppo rtunities for learning- by-doing by, for example, offering business-environment internsh ip, scholarship and/or mentoring opportunities or classroom-environment special curriculum, among others. VALLCO TOWN CENTER SPECIFIC PLAN I 3-3 ~ '.Z ~ ..,.;i > ..,.;i ~ < t_'!'j a: t_'!'j > 00. ('j ~ ..,.;i 0 cc t_'!'j 00. ('j cc a: ~ ..,.;i ..,.;i t_'!'j ~ ~ $3 t_'!'j ("j ..,.;i ~ ~ ..,.;i 0 ..,.;i = t_'!'j < 0 ..,.;i t_'!'j ~ 00. 117 n I \0 Q 3 I COMMUNITY BENFITS 3.4. Housing Benefits • Affordable Worker Housing: To the extent permitted by la w, the Plan Area is strongly encouraged to comply with the City's BMR Housing Mitigation Program by prov iding affordable units on- site rather than paying the City's in -lieu fee and , to the extent permitted by law, giving CUSD and FUHSD teachers housing priority. • Innovative Senior Housing: Dedication of at least 80 housing units to senior housing use, in accordance w ith local, state and federal law, to allow local seniors to remain in their community and near friends and/or family and to promote longevity, where all or a portion of such units are strongly encouraged to be designed to accommodate an innovative, amenity-rich active senior "co-housing" environment. 3.5. Land Use and City Revenue Benefits • Early Entertainment Uses: Ensure the delivery of at least 25% of the retail component, including a new multiplex movie theater, in the initial construction sequence of the Plan Area (not including the hotel on Block 13) and allowing for the continuous operation of the existing multiplex movie theater during such initial construction sequence. • Prompt Demolition: To ensure swift completion of the remainder of the Plan Area, a commitment to demolish l 00% of the remaining existing Mall improvements within 6 months of receiving a certificate of occupancy for the afore-described initial retail component, subiect to existing leases and an appropriate temporary improvement plan for demolished areas. • Incubator/Start-Up/Mid-Size Company Space: Commitment to office tenant diversity by prov iding a minimum of l 00,000 square feet of incubator work space and/o r multi-tenant office spaces for multiple start-ups and/o r emerging or mid-size companies, with a preference for local companies . • Residential-Area Plan Sensitivity: Protect adiacent residential property owners by retaining healthy trees and existing w alls and 3 -4 J VALLCO TOWN CENTER SPECIFIC PLAN encouraging inactive and/or generously set-back building facades along the Plan Area's western property line . 3 .6. Mobility and Connectivity Benefits • Pedestrian Friendly Zone: A goal to establish such a successful retail model, efficient traffic circulation plan, and popular bicyclist and pedestrian environment to enable the maiority of the streets in the Plan Area to be permanently closed (market conditions permitting), thereby creating a "car-free" Town Center environment in the Plan Area west of North Wolfe Road . • Transportation Demand Management Plan: Consistent with the Plan Area's environmental design features, require the preparation and implementation of a Transportation Demand Management ("TDM") Plan w ith an overall target of reducing Specific Plan office-generated weekday peak hour trips by 30 percent below applicable Institute of Transportation Engineers trip generation rates, an unprecedented restriction on a "specific plan" area. • Free Community Shuttle: Require that a proiect applicant spearhead and provide substantial funding for a community effort to prov ide a free community shuttle , in partnership with the City , VTA, local school districts, property o w ners, and/or corporate employers. • Bike-Pedestrian Trails Funding: If approved by the City, provide a $6 million cash donation to the City for the express purpose of analyzing and constructing an approximately 2-mile bicycle/pedestrian trail along the southern edge of 1-280 between De Anza Boulevard and Wolfe Road . • Bike-Pedestrian Improvements: Construct and/o r fund additional improvements to pedestrian and bike trail(s) throughout the Plan Area, including along the entirety of the existing Perimeter Road , and in the Plan Area vicinity to improve Safe Routes to Schools and address both bike and pedestrian safety and traffic concerns. ~ '.Z ~ '""3 > '""3 ~ < M 3: M > rJJ. e ~ M '""3 0 ~ M rJJ. e ~ 3: ~ '""3 '""3 M ~ ~ ~ ~ M n '""3 ~ ~ '""3 0 '""3 = M < 0 '""3 M ~ rJJ. 118 (j I \0 ~ • Freeway Interchange, Overpass, and Segment Funding : Consistent w ith the Plan Area's environmental design features, provide a fair share financial contribution of $30 million for freeway infrastructure , speci fically the build-out of the roadway improve ments planned for North Wolfe Road and 1-280 overpass and interchange and future 1-280 free way segment improvements, to address traffic congestion. • Traffic Signal Improvements: Consistent wi th the Plan Area's environmental design features, fund traffic signal timing improvements along Wolfe Road between Stevens Creek Boulevard and 1-280, as we ll as locations throughout the City, to streamline traffic flow in the surrounding area. 3.7. Environmental Design Feature Benefits In addition to the above community benefits, the Appendix A: Environmental Design Features , incorporated in this Specific Plan, also provides benefits to the Plan Area and the larger Cupertino community. Where the community benefits enumerated in thi s Chapter 3 : Community Benefits are also described in Appendix A (or elsewhere in this Spec ific Plan w here a more detailed description of community benefits is provided for that matter), those more detailed sections of the Specific Plan shall govern. 3.8. Community Benefit Timing It is important that the timing and performance of these community benefits align wi th the implementation goals and policies in this Specific Plan . The timing of a number of th e above measures is already identified above or in other sections of this Specific Plan . A fter these legislative le vel approvals of the Specific Plan and zoning are in place there are subsequent permits and re v ie ws w hich must be obtained prior t o issuance o f building permits. To ensure the timely performance of the se Community Benefits, prior to issuance of the Master Site Development Permit ("MSDP") described in Chapter 9: Administration , Implementation & Financing, the sequencing COMMUN I TY B ENE F ITS I 3 and timing of these dedications, funding , and other commitments or efforts shall, unless already identified in this Spec ific Plan, including Appendix A, be addressed in either the MSDP or a statutory Development Agreement, if a development agreement is entered into between any applicant w ithin the Plan Area and the City. VALLCO TOWN CEN TER SPECI FI C PLAN I 3 -5 ~ :z ~ ~ > ~ ~ < M ~ M > \J). e ~ ~ 0 eo M \J). e eo ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \J). 119 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS (f) Q) --0 :::i Q) -_c u -+-c 0) >-·-(f) -+-c --0 ...__ Q) ·-c I-(f) . --0 0 -:::i (f) :::i Q) -> -u >--u -+- 0 ·-c ..:..= -_c c ..D. I-...__ Q) 0 > 0) 0 u '-+-.<n E >----0 ..... -+-c Q) --0 z ..D. 0 --0 Q) (f) Q) (f) z 0 c 0... 0 E 0 0 0... 0 . i:: u 0 Q) -+-(f) ...__ _c (f) -+-0... u -+-Q) Q) (f) --0 ~ --0 Q) Q) -+-c ~ ..D. 0... (f) 0 ...__ ' --0 >--u (f) c _c (f) >-(f) Q) 0 u c Q) -...__ 0 I---0 ~ c o-...__ u 0 ...__ 0... -Q) .... 2 .:.0 -+-·->-- 0 ....c :'= -0... 0)->--.2'.: r:a 0 c :::i 0 u ....c ·-u 0 u --0 ·= S: Q) (f) ~ u --0 c :e ·-u Q) 0 c ....c c ....c 0 0 f-·--+-...__ u C-92 120 n I \0 VJ 4.1. Introducti on Creating a vi brant Tow n Center and its associated amenities for the Cupertino commun ity requ i res forward th i nk i ng so lutions to prob lems yet unseen, but antic i pated . This Specific Plan identifies a number of proactive measures to incorporate transportation solutions for existing Cupertino residents and employees along key transportation corridors surrounding the Plan Area and wi ll result in a ne w internal network of roadways that w ill improve mob i lity for users . This chapter describes the mobility and connectivity plans for pedestrians, bicyclists , public transit, automobiles, and service ve hicles . It contains the following sections: • Pedestrian and Bicycle Mobility • Publ ic Trans it • Vehicular Circulation • Street Network and Hierarchy • Off-site Transportation Improvements • Transportation Demand Management Strategies MOBILITY & CONNCTIVITY I 4 VALLCO TOWN CENTER SPECIFIC PLAN I 4-1 )ooml z )ooml ~ )ooml > ~ )ooml < M ~ M > rJJ. c ~ M ~ 0 ee M rJJ. c ee ~ )ooml ~ ~ M ~ ~ )ooml ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 121 (j I \0 ..... 4 I MOBILITY & CONNCTIVITY 4.2. Pedestrian and Bi cycle Mobility Consistent with the General Plan, the City of Cupertino Bicycle Plan, and the South Vallco Connectivity Plan, pedestrian and bicycle improvements wi ll be constructed to enhance mobility and connect to both existing and future p lanned fac il iti es. The South Va l lco Connectivity Plan was used to guide the development of these features, including in t ersection improvements and prioritization of streetscape design for better walkability . Intersections in the Plan Area will be designed to accommodate vehicle, pedestrian, and bike traffic. A new signalized intersection proposed at North Wolfe Road and 2 nd Street will provide east-west bidirectional bike lanes along the south edge that allows bicyclists and pedestrians to cross wi t hout conflicts with sou t hbound vehicles t urning left from North Wolfe Road to 2 nd Street and westbound vehic les turning right from 2°d Street to North Wolfe Road . Along crossings wil l be clearly marked to connect t he shared path with the internal street grid . 4.2.1. Pedestrian Connectivity Future development will be designed to provide safe connections for pedestrians . Sidewalks will be continuous, accessible, and tree-lined w ith signalized crosswalks connecting the street grid. The at-grade pedestrian- oriented streets wi ll support uni versal access with gentle slopes. Bulb-outs or other similar stra t egies wil l protect pedestrians at public streets accessing the Plan Area, and the narrow streetscapes and bulb-outs within the Plan Area wil l provide a safe pedestrian environment. Following is a description of the various pedestrian improvements en v isioned in and around the Plan Area . These improvements are illustrated in Figure 4-1: Conceptual Pedestrian Connectivity Plan. Entrance Plaza at Stevens Creek A portion of commuters, pedestrians, and bicyclists will enter the Town Center from St evens Creek Boulevard. They shou ld arrive at an en t rance p laza l ined by up to two-story retail spaces in Blocks l, 3, and 7, al l of which face Stevens Creek Boulevard. The entrance plaza will provide two pedestrian entry points to the retail district at A and B Streets . 4-2 I VALLCO TOWN CENTER SPECIFIC PLAN Retail Loop The retail loop is a pedestrian-focused double-sided circulation zone along A and B Streets, extending from Stevens Creek Boulevard northward . This pedestrian loop connects the west side ground-level retai l district by providing clear wayfind i ng and access from the surrounding streets and parking garage . The Loop wi ll be enhanced by distinct paving patterns, outdoor seating, lighting, lush planting zones including large canopy trees. North Wolfe Road Crossing Town Square East and Town Square West will have a direct link form to the Community Park and Nature area, via a "piano nobile" level that spans North Wolfe Road. The landscaped pedestrian bridge over North Wolfe Road wi ll be part of an active recreation and f itness loop . The pedestrian crossing is envisioned to extend through Blocks 5 and 7 . This e lement wil l replace the existing enclosed bridge over North Wolfe Road . Construction of this pedestrian crossing would require an adjustment of the existing easement o ver North Wolfe Road. Garage to Street Level Access As show n in Figure 4-2: Conceptual Pedestrian Access Points -Street Le ve l, pedestrian access to the Plan Area from the below-grade garages w i ll be via stairways and elevators located internal to the Plan Area and located to faci litate easy wayfinding and minimize distances to key destinations. Private access points are intended to serve office w orkers and residents . Public access points are intended to primarily serve publicly-accessible uses including retail, entertainment, commercial, and the town squares . Street Level to Roof Level Access An important feature of the Town Center will be to provide con venient pedestrian access to the Community Park and Nature Area. As shown in Figure 4-3: Conceptual Pedestrian Access Points -Roof Le vel , access to the Community Park and Nature Area w i ll be from walkways and elevators located at key locations throughout the Plan Area. 1-oi z 1-oi ~ > ~ 1-oi < trJ ~ trJ > rJJ. Cj ~ ~ 0 ~ trJ rJJ. Cj ~ ~ 1-oi ~ ~ trJ 0 0 1-oi ~ trJ (j ~ ~ ~ ~ 0 ~ = trJ < 0 ~ trJ ~ rJJ. 122 (j I \0 u-. Access points are provided throughout the Community Park and Nature Area . Several access points are located along North Wo lf Road. Add itional points of access wil l be provided v ia Tow n Square West and To w n Square East . Two additional points of access wi ll be provided along the western edge of the Community Park and Nature Area, where pedestrians w ill be able to access the roof at grade. Safe and secure access points for residential, retail, entertainment, and office users wi ll be provided. Community Park and Nature Area Trail Network An approximately four mile trail network wi ll be integrated into the Community Park and Nature Area. An accessible promenade path loop constructed of flexib le stabilized permeable materials, wi ll meander throug h ou t the rooftop. Fitness oriented trails are also planned along this trail. Wolfe Road Tunnel The existing Perimeter Road tunnel passing under North Wo lfe Road wi ll be modified from its current configuration to accommodate two option s. The tunnel today consists of three auto lanes and one pedestrian sidewa lk. It is insufficient for cars , pedestrians, and bicycles. The overhead bridge clearance is also a subs tanda rd height at l O' -0", where current Ca ltran s roadway heights require 14 '6" minimum. Option 7 The tunnel wi ll be modified so that it accommodates alternative modes of transportation, creating a bicycle and pedestrian connection to complete connectivi t y between the Plan Area and the anticipated future tra i ls a long 1-280. It wi ll also provide services and facility management access for the Town Center, including small service vehicles. The tunnel may also accommodate utility con nection s for the Town Center. Veh icular access for the Town Center wi ll not be required. Option 2 As part of the Wolfe Road /1-280 interchange improvements, a project applicant may explore the construct ion of dedicated off-ramps and /or on-ramps from 1-280 into and out of the Town Center. The intent would MOBILITY & CONNCTIVITY I 4 be to divert traffic from the City's street network. Additional freeway ramps would be subject to Caltrans and other jurisd iction approvals. VALLCO TOWN CENTER SPECIFIC PLAN I 4-3 ~ z ~ ~ ~ > ~ ~ < M a: M > rJl d ~ ~ 0 co M rJl d co a: ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJl 123 (j I \C O'I ' , ~ 4 I MOBILITY & CONNC T IVI T Y Figure 4 -1: Conceptual Pedestrian Connectivity Plan ~ 'Y i' -<'- I . I ... ~ II .r·;..,.:,-~.~ ........ -..'L&.~ ...... .....-clL~K..:M"~"'-•-.--_...--. • ..._.4 / 1:·· E Street ... >/:~I ,, fl;....----11 ---.... 1 :/· h!'" "'!"--" "-.'.'.. !.'!.-~.i;;:r:."." ·= £,,_:.--~,,,,. -"·-"-"-""" ,_.,_,,, _ _,,_. d / > · '· , ---------.. D.Str~il.1.-: : 1 ___________________ 1 , ~j ,',/. Tow n Square : : {J . ' . l 0 East ' ' 9 ol 'I • • U · I . • I I :'.I I ---·······---... ---,....'ti'.::.:.-· ....... -······-···-·-···w o _ ' I -•• -" •• -• " ·-.......... --~ ........... --•••••••• -• • • I /<..... 1, I 8 I i ! I 7 I 1 °": .. ._ .,~,,. .. • I -...... ~ ... ' ' N . Wolfd Road Lege ~- _. 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('j ~ ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 124 ri I \0 -....J Figure 4-2: Conceptual Pedestrian Access Points -Street Level ~ <v p ~ I I /_ / I I I I r ·-·-·---·-·-·-·-·-·-·-·-,-·-·-·-·, / E Street / I " l!....---1 -,-, .____,I ~Go· '~ I M · D Str eef Town Square Eos t • 9 I • 1' ,,, .. j t •' I >1 o . ~I o· c...1 8· "5 1 >. I I MOBIL I TY & CONNCTIVITY I 4 Le_g_end • ·- Proposed Access Poin ts to the Commu nity Pork Pedestr ian Br idge to Commu nity Pork Note : figure is not lo sco le NEB I I N. Wol fe Road L.-·-·-·-·-·-·-·-·-·---·-·-, I/ ,. ///---1 ~1 6 I ~1 1 •, t I I , l ~D I -~/ 14 :~ -~-~ 'r e2 n Ill c·_-~:~-:~:~-_-____________ JI 3 J~-~--.:--. ~-_:w::~o= _J .. 2 1:u_2 -- / ______ _[ -TT _______________ ,'"I I 11· I 1-1 , I 11 • • 'E l o . ~I ::>. c8 1 ..><" ~I u j ~i > Q). I V'>j I L·-·-·-·-·--·-·-·-·-·-·-·-·-i ==--·~-·=·-~ . .J VALLCO TOWN CENTER SPECIFIC PLAN I 4-5 ~ z ~ ""'3 > ""'3 ~ < M ~ M > \fl e ~ ""'3 0 co M \fl e co ~ ~ ""'3 ""'3 M IO IO ~ ~ M ri ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ \fl 125 ("'.) I \0 QO 4 I MOBILITY & CONNCTIVITY Figure 4-3 : Conceptual Pedestrian Access Points -Roof Level r --·---·-·--+-i·-·--··-·-=c-=-·~·-I-, I I I I I L -·- I ~ 'V §\ ~ L I I I I I r ---.J / I I I '/ I I I I I I I I I I I • c---1 ~ I I 0 N. Wo lfe Road 0 r:=---I ~ C-----I iC!J • ' 'j· C!J i, ~ -·-·-·-·-·-·-·-·----·-·-·~, \I i· I ., • 'L.- 4-6 I VALLCO TOWN CENTER SPECIFIC PLAN I >I o . L~I 1e;. 10...1 I o. ~I ·o >· I L • Lea end • Proposed Access Poin t s to the Co mm unity Pa rk c::::J Rooftop Amen ities •-Pedes tria n Bridge to Town Squa re Note: Figu re is not to scale NEB ---·--·---·-·--, I I G I -u I • "2 I o . -~I \ :;). "8 1 1i u1 ~i Q). Vi l -. -• -, -. --~--:--. -I--· -. ~"-·-. -• -. J ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ ~ 0 co M rJJ. e co ~ ~ ~ ~ M ~ ~ ~ ~ M ("'.) ~ t"" ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 126 (j I \C \C 4 .2 .2. Bicycle Connectivity As shown in Figure 4-4: Conceptual Bicycle Connectiv ity Plan , the existing bicycle network on North Wolfe Road, Vallco Parkway , and Stevens Creek Boulevard w ill connect to and wit h, as well as surrounding, the Plan Area. Within the Plan Area, a ll roadways wi ll be designed to incorporate either Class II bike lanes or Class Ill shared bike /vehicle la ne s. Bicycle striping, green bike lanes, and bike boxes wi ll be used t o reinforce and accommodate a multi-modal stree t network . The Plan Area should include a variety of bicyclist amenities , such as a bike cafe, bike repair shop, and shower facilities, to name a few. For safety and secu rity reasons, bicycles w ill not be allowed onto th e elevated Community Park and Nature Area . Bike parking areas w ill be provided throughout the Plan Area . MOBILITY & CONNCTIVITY I 4 VALLCO TOWN CENTER SPECIFIC PLAN I 4-7 ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > '(J1 e ~ M ~ 0 eo M '(J1 e eo ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ '(J1 127 (j I """"" 0 0 4 I MOBIL ITY & CONNCTIVITY Figure 4-4: Conceptual Bicycle Connectivify Plan ~ '"\i i' ~ I T 11 ' ' ' ,.···· .. :~j.f~.,~.! . .,.,.,..~ .. '!'ff.~~-~:Y~:: •• :·=:~:=:-:=:::-··- : .1 ,, I "''"' ··········=,,,..--.-• I ~ -··········=·""'''I' /I !l 12 11 . •I < ................. ·_: 11 / / ·~~ 8 ............... .,,.5f,,............ I ' I . '' I ' :>•••••••• -: I ;Pi , ··············~~··········· · :' 1 · ;re . 10 ·~"sq""'" ······· : I . I'. '"'' ;/ g ............................ . / .. ~ I ........ .,._, ....... . I ··..•. j 8 I ![I ................................... . I .• -. ---;!. ii I q , !! ; -· -; ~ .. .. H N. Wol~, Rood ... ,.,,_ ·:: " ~end ·-··· _. Existing Bikewo y ---• Futu re City Bike Trai l Two Woy Bi ke an d Pedestrian Dedicated Trail Shored Bike/Veh icle Lone '----" Ex isting Tunne l Under Wolfe ,.--.... Roo d Note: Figure is not to scale N ffi .., ,r·-·1• 1·----:i I I ••.• _-;;.::// I ~....... . '. ........ JJIJ ........ . 5 I I 4 1.0 ~I I --~---14 1 ro I . ; B Sireet .................................. . <ll 0 ,,/:: • • · r··_, ___ . .-ll' 3 1-¥ I 3 I To wn Squ~~~ ........... : .. ,:-.. 1• .. ••••••••••n•• .. •••••• ........ ~ .................... ~: /I c ................................. ~i _L. . w,.1 : : 2 I D ~i I I I l'· -..... -......... ,----,_,..-~--~--....... \L.......................... . ';;,o==&""""'"·"'·'~········'"'······=···~···· ~ . . . LJ : i /... --_-__ -.-r J .. --~~=--~-~~·""·~-,,~~~-,,~-,,~·"t 1J I , 11 ........... , ... ·-········1·:r .. ,···r 111 1j H I ·:: I 11 ···=:····••'II ...... ~ •• -•. , ...... ,~.. . -•..•••••••••••••••••• '!t .:i:-~ ~ ! : ~ ~! ! r!: :~ :: ! : :-: ~ !!.!! :: :-: :: :·:::: :: : : : : : rn: n:: :: : n :-: nr:: n:: r:::: ::: :·:::: ::: :: : : : : : L._. --~·-·~·----~:_-.-1.J 4-8 I VA LL CO TOWN CENTER SPECIFIC PLAN ~ z ~ ~ ~ > ~ ~ < t'_!l'j ~ t'_!l'j > 00 e ~ t'_!l'j ~ 0 co t'_!l'j 00 e co ~ ~ ~ ~ t'_!l'j 0 0 ~ (j ~ ~ ~ ~ 0 ~ = t'_!l'j < 0 ~ t'_!l'j ~ 00 128 (j I )o-ol. 0 )o-ol. 4 .2 .3 . Shared Pedestrian/Bicycle Loop Trail A shared use path for pedestrians and bicyclists w ill be pro vid ed around the north , east and w estern boundary of the Plan Area , as sho w n in Figure 4-5: Conceptual Perimet er Bike w ay and Pedes t rian Tra i l - Typical . The trail w ill be accessib le from surrounding Municipal Streets and the internal street netw ork. The trail w il l connect future t rail networks , as identified in the South Vallco Connecti v ity Plan . The trai l w i ll also provide access to the Community Park and Nature Area at locations along its western edge . Concurrent w it h future cons t ruction of this planned trail , the trail head w ill be co nstructed by the To w n Center app licant. The design of the path w ill be routed to minimize disturbance to the existing trees and a llow the path to be shaded . Any trees that cannot remain around the outer boundary o f the Plan Area w ill be relocated o r new trees planted in p lace of those trees that mus t be removed . Intersection design w i ll minimize conflicts between pedestrians , bicyclists, and vehicles . Along 3 rd Stree t , A and E Streets , crossings w ill be clearly marked to facilitate connection s from the shared use path into the internal street grid . MOBILITY & CONNCTIVITY I 4 Fig u re 4 -5 : Conceptua l Perimeter Bikeway and Pedestrian Tr ai l - Typica l ~ VALLCO TOWN CENTER SP EC IFIC PLAN I 4-9 ~ ~ ~ ""'3 > ""'3 ~ < M ~ M > rJJ e ~ ""'3 0 co M rJJ e co ~ ~ ~ ""'3 M ~ ~ ~ ~ (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ rJJ 129 n I ..... 0 N 4 I MOBILITY & CONNCTIVITY 4-10 I VALLCO TOWN CENTER SPECIFIC PLAN 4.2.4. Off-Site Pedestrian/Bike Connectivity Improvements A key theme to this Specific Plan includes providing connections to the rest of the community and encouraging active lifestyles by encouraging an expanded pedestrian and bicycle network that wi ll be interwoven into the community fabric . Creating high-quality, direct wa lkw ays and bikeways to the deve lop ment area wil l ma ke it easier for non-motorize d tra vel w ithin the deve lopment area and w ill provide a direct connection to other nearby destinations, including schools, bus i nesses, residences , and open space areas . To encourage a healthy and sustainable community, it is important that residents, employees, and v isitors to the development ha ve sa fe and con venient alternati ves to traveling to and from the Plan A rea . The improvements identified below tier from the City of Cupertino's ad opted 2015 Bikeway Improvement Prioritization Update (March 2015), w hich serves as a supplemental re port to the City 's 2011 Bicycle Transportation Plan . It focuses on key bikeways and pedestrian routes to and from the Plan Are a -generally w ithin a one mile radius and are aimed at building a connection between the Plan A rea and surrounding communities by improving the bicycle and pedestrian network w ith more connections and treatments that in crease the presence of pedestrian and b icy cl e acti vity. Spec ifically, the recommended improv ements better delineate bicycle and pedestrian facilities from ve hicle traffic and parking lanes , slow vehicle traffic, and provide connections betw een the Plan A rea and adjacent neighborhoods and community attractors that a re aesthetically plea sing and enhance the perception of safety. This preliminary list of improvements w ill be further refined in coordination w ith the City of Cupertino, neighborhood groups, businesses, and bike proponents. The locations of these improveme nts are show n on Figure 4-6 : Proposed Off-Site Pedestrian/Bike Connectivity Improvements. ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJJ e ~ ~ 0 to ~ rJJ e to ~ ~ ~ ~ ~ ~ ~ $3 ~ n ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ 130 (j I ..... 0 (.H Figure 4-6: Proposed Off-Site Pedestrian/Bike Connectivity Improvements MOB I LITY & CONNCTIVITY I 4 -Existing Bi cy cl e Trai l and Facilities -Proposed Bi cycle Troil an d Fa cilities Improve ments • • • Funding for City Bicy cle Trail Project Note: Fi gu re is not to scale VALLCO TOWN CENTER SP ECIFIC PLAN I 4-1 1 ~ '.Z ~ ,..., ~ > ,..., ~ < M ~ M > 00 e ~ M ,..., 0 co M 00 e co ~ ~ ,..., ,..., M ~ ~ ~ ~ M (j ,..., r ~ ,..., 0 ,..., = M < 0 ,..., M ~ 00 131 (j I io-0 0 ~ 4 I MOBILITY & CONNCTIVITY Bike-Pedestrian Trails Funding If approved by the City, provi de a $6 million cash donation to the City for the express purpose to analyze and construct an approximately two-mile bicycle /pedestrian trail along the southern edge of 1-280 between De Anza Boulevard and Wolfe Road . 1-280 Frontage Trail Connections Consistent w ith the City of Cupertino 2014 South Vallco Connectivity Plan, the Town Center applicant wi ll establish connection points at North Wolfe Road and 3 rd Street; 3 rd Street and E Street; and A Street and 3 rd Street providing future access to a envisions 1-280 frontage trail. Portal Avenue Portal Avenue is a north-south street that runs parallel to the Plan Area and serves as the main collector to other local, residential streets. Major attractors or links along Portal Avenue include Portal Plaza , Portal Park , Bright Horizons School and Collins Elementary School. The street currently includes two, 18-foot-w ide travel lanes with on-street parking along both sides and extends nearly a mile in total distance. Portal Avenue, between Stevens Creek Boulevard and Wheaton Drive includes traffic calming measures, such as midblock bulb-outs and permanent, raised chicanes and a roundabout; however, none of these features exist north of the Portal Avenue/Wheaton Drive intersection. The street is currently designated as a city bike route and there are signs posted along both sides of the street to notify drivers that bicyclists can be expected on this road and are allow ed use of the road. Aside from these posted signs, there is no bicycle infrastructure that clearly indicates safe placement of bicyclists and that bicyclists are allowed full use of the lane. Bicycle Transportation Plan Improvements identified by the City for this segment include providing marked bike loop-detectors for southbound Portal Avenue at Stevens Creek Boulevard and converting all-way stop- control to two-way stop-control at the Portal Avenue and Wheaton Drive intersection, with stops on Wheaton Drive . 4-12 I VALLCO TOWN CENTER SPECIFIC PLAN Additional proposed improvements include: • • • Install color backed sharrows for Class Ill facility. Install continental-design (ladder-style) crosswalk at Amherst Drive and Portal Avenue. Install "neighborhood greenway" signage along route. T antau Avenue -Steven Creek Boulevard to Bollinger Road The roadway comprises two, 11 -foot-wide auto traffic lanes and 8-foot- wide parking lanes along both sides of the street. Adjacent uses are primarily residential homes and schools. The street is generally a low- speedr low-volume roadway that is suitable for supporting additional pedestrian and bicycle travel. Strengthening the pedestrian and bicycle infrastructure along T antau Avenue would open up more opportunities to create additional bicycle/pedestrian connections to the Plan Area as well as allow bicyclists and pedestrians to travel to/from their place of residence to schools in a convenient, accessible manner. Bicycle Transportation Plan Improveme nts identified by the City for this segment include removing street parking from one side of T antau Avenue to support bike lanes; and installing "Sa n Tomas Aquino Trail" signs along T antau Avenue and Barnhart Avenue. Additional proposed improvements include: • Install color backed sharrows for Class Ill facility between Stevens Creek Boulevard to Bollinger Road to increase motorists ' awareness of bicycle traffic and notify motorists that bicyclists are allowed use of lane . ~ z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJ1 c ~ t'rj ~ 0 co t'rj rJ1 c co ~ ~ ~ ~ t'rj ~ ~ ~ t'rj (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJ1 132 (_) I )mo& 0 Ul 4.2.5 . Mobility Hub Within the Plan Area (conceptually adjacent to Ste vens Creek Boulevard) a public Mobility Hub is planned that w ill cater to bicyclists , transit users, and those w ishing to use alternati ve forms of transportation. A Mobility Hub is a place of connecti vity w here different modes of transportation come together. It serves as an origin, destination , and transfer point w ith connections to the local and regional transportation system. This includes a major on-street transit area w ith significant le vels of tran sit service , and dense, mi xed-use dev elopment . Mobility Hubs prov ide seamless mobility betw een modes, w hile creating a vibrant en vironment that is both accessible and economically thri ving . A Mobi lity Hub is envisioned within the Plan Area that is public-facing and visi t or-oriented on Stevens Creek Boulevard . This Mobi lity Hub may include the following features: • VTA BRT/Rapid, including all transit passenger amenities called for in VT A's forthcoming Trans it Passenger En vironment Plan , including large shelters , real-time bus informatio n , se ati ng , etc . • Community shuttle stop. • Staffed information kiosk for bike safety classes , contests /raffles /prizes (e .g ., bike helmet gi vea w ays), transit info and transit planning assistance , practice loading a bike onto a bus , help distribute info or set up Safe Routes to School and Safe Routes to Trans it groups . • Check out/return electric scooters for shopping. • Car share se rv ices nearby. • Short-term bike parking (public art rack). • Free valet bike parking. • Repair stat ion -free tools, b i ke pump. • Bike shop/repair nearby. • Cafe/coffee shop nearby. MOBILITY & CONNCTIVITY I 4 • Secure bike parking and sho w ers for retail w orkers (if not inside retail buildings). For local cyclists, the Mobility Hub w ill offer bicycle support services such as repair services, rentals, lockers , indoor parking, and charging stations for electric bike users. The goal is to create a regionally-serving center that supports bike clubs, bike commuters , and general bike enthusiasts . For transit and alternative transportation users, the Mobility Hub w ill serve as a public transit center, an information kiosk and safe waiting area for buses , including the planned VT A bus rapid transit, or a place to reserve /pick -up a shared vehicle . VALLCO TOWN CENTER SP ECIFIC PLAN I 4-13 ~ z ~ ,.., > ,.., ~ < M s: M > r:JJ cj ~ M ,.., 0 co M r:JJ cj co s: ~ ,.., ,.., M ~ ~ ~ ~ M (_) ,.., ~ ~ ,.., 0 ,.., = M < 0 ,.., M ~ r:JJ 133 (j I """"" 0 O'\ 4 I MOBILITY & CONNCTIVITY 4.2.6 . Transit Center A separate, office employee-serving Trans it Center is also envisioned for the east side of North Wo lfe Road. This is intended to cater to employees who arrive by private shuttle bus and wil l have many features similar to the public Mobility Hub. The Transit Center may include the following features: • Primary drop-off and pick-up location for private employer shuttles, with real-time information and weather-protected seating. This helps employers by offering an attractive alternative to driving and allows the office employment uses to reach their trip reduction goals. • Staffed office offering commute information and incentives: subsidized VTA transit passes, carpool signup/matching assistance, emergency ride home signup, parking passes, personalized trip planning advice, office contests, helmet and bike gear giveaways. • Additional mobility options: community shared bikes, Segway, scooters, and/or other personal mobility devices. • Bike repair and bike supplies for sale. • Bike clinics -repair, commuting safely, riding in the rain, trip planning, and the like. • Car share services nearby, with electric vehicles and fast L3 charging. • Secure bike parking (here, but also in every office building). • Showers and changing amenities (here, but also in every office building). • Community shuttle stop. • Cafe/coffee shop nearby. 4-14 I VALLCO TOWN CENTER SPECIFIC PLAN ~ z ~ ""'3 ~ > ""'3 ~ < ~ ~ ~ > 00. e ~ ~ ""'3 0 co ~ 00. e co ~ ~ ""'3 ""'3 ~ ~ ~ ~ ~ ~ (j ""'3 ~ ~ ""'3 0 ""'3 = ~ < 0 ""'3 ~ ~ 00. 134 (") I ~ Q -.....) MOBILITY & CONNCTIVI T Y i 4 4.3. Public Transit The Santa Clara Valley Transit Authority (VT A) prov ides express and regular bus service to the Plan Area. Existing bus stops along Stevens Creek Boulevard , North Vallco Road, and Vallco Parkway w ill be relocated and improved. Additionally, the Town Center applicant will partner w ith the City of Cupertino, VTA, and area employers to fund a free community shuttle for Cupertino residents and employees. The free community shuttle wi ll connect numerous destinations w ithin the community, such as the library, Civic Center, Memorial Park, the local community college, one or more high schools, the adjacent tech campuses, and more . The precise route(s) has not been designed at this time and w ill be modified over time to ma ximize ridership based on the communities ridership needs. Two multi-modal transit centers are en visioned w ithin the Plan Area; one on the east side of Wolfe Road to primarily serve office worke rs, and a second public one located adjacent to the Mobility Hub on the north side of Stevens Creek Bouleva rd . These multi-modal transit centers w ill serve the complimentary shuttle, VTA local and express buses, future Bus Rapid Transit, corporate shuttles, and sharing economy transportation services. An illustration of the transit circulation and the location of the planned VTA bus stops and community shuttle stops are shown in Figure 4-7: Conceptual Transit Circulation Plan . VALLCO TOWN CENTER SPECIFIC PLAN I 4-15 ~ 'Z ~ 1-3 ~ > 1-3 ~ < tpj s: tpj > rJ'J. e ~ tpj 1-3 0 ~ tpj rJ'J. e ~ s: ~ 1-3 1-3 tpj 0 0 ~ ~ tpj (") 1-3 t"'i ~ 1-3 0 1-3 = tpj < 0 1-3 tpj ~ rJ'J. 135 (j I ..... 0 QO 4 I MOBILITY & CONNCTIVITY Figure 4-7: Conceptual Transit Circu l ation Plan ~ t .r· -. ~. -· --· -· __.-;,:-_,_~ ·-·-·-·-. _ . .....:...-.,·• 1 I E ~Ire:: , : ~ i ! I / , I " I J .. = " I ~ I _ . -. D Street _ ___ ~ I j c=Jo r~o Sqom• I r~i . / 'E' East 9 °(;I j I C") U ' 1 ' C Street ~! i I ~ 'V Le 9 end -· Publ ic Tran sit Circulati on 0 Route N u mber r -• Transit Center (Office Use) . -. r -• Mobil ity Hub (Commu nity Use) I Ii . -. / _ _ I 8 I , I 7 I i ! No " F;gom " oonm lo NEB _+ ~ -------:___ --------, ii ! . -· -· -----. · T ----:-..:_-:-_:_-:: · -· ~-,a@)---N:-Woife-Rou c@@e ------i.-_.. "="'--"' ,_..,._,., , ••• ,,.. • -.. _ 126', I +-. --_ ---~·26 --• ---. -. -.J -·-·-·-·~-:-=:=r,. . i' -<:'- I r ---1 --• ---' j~ I / / I I i -I . 23 / .. : .. / ri I , I '. I 5 I I , 1-D '· : 323 I ,' : ; ' , • 61 I • .! 14 ·~ . Vi B Street ' ~ ,\;?· , / :----------------!~I ' 1-~-1 , I Tow~~;,"o'" I 2 ,~ .l,l ,~i ! / ----------~---------------"( A%"1 _U !i !1 L ----__ J ~ ~ ---------------, I I 11 I i-1 ~i ··l :~: ! ' 1111 I ,! .i ! I, t. I • . ·-·-·-·-·-·-·-·-·-· -·-·-·~· -·-·-·;-· -=-·-·'""'"j·j I, t j l ii 4 -16 I VALLCO TOW N CENTER SPECIFIC PLAN ~ '.Z ~ ""3 ~ > ""3 ~ < ti'j ~ ti'j > 00 cj ~ ""3 0 ~ ti'j 00 cj ~ ~ ~ ""3 ""3 ti'j ~ ~ ~ ~ ti'j (j ""3 ~ ~ ""3 0 ""3 = ti'j < 0 ""3 ti'j ~ 00 136 ('j I ~ 0 \0 4.4. Vehicular Circulation 4 .4. l . Access & Entries Following is an overview of vehicular access to the Plan Area from the adjacent roadway network. Access points shown in the associated figures are conceptua l and subject to change based on final design requirements. All roadway access points from the public roadways wil l include safe pedestrian and bicycle crossings, and wi ll connect to the Plan Area's internal street grid. Streets may be temporarily closed during peak weekday or weekend times. Closures wil l regularly occur on the west side of the Plan Area where high pedestrian traffic is expected during event times and other peak occupancy ti mes. Closures on the eas t side are expected to occur during event times or as necessitated by safety or security measures. In the event that the market supports it and adverse traffic impacts do not occur, a portion of the private streets may be closed seasonally or permanently to further support and enhance the wa lkability and pedestrian experience of the Plan Area. Access to the Plan Area has been carefully designed to help minimize confl icts and allow for easy on-site wayfinding depending on the type of user coming to or going from the Plan Area. As shown in Figure 4-8: Conceptual Vehicle Access Plan , a ll vehic les wi ll access the Plan A rea v ia mu ltiple signalized intersections and directed to be low-grade parking entrances or above grade entrances. The primary roadway access points for office workers wi ll be from the northern side of the Plan Area wi th direct access to below grade parking entrances located off of North Wol fe Road . Additiona l below grade parking garage entrances will be accessed from A Street. The primary roadway access for other users w ill be from both above-and be low-grade parking entrances located on southbound North Wolfe Road and the Stevens Creek Bou levard entrance. Street parking and private streets may be used temporarily for special events (public or pri vate) such as farmer's markets , corporate events , and MOBILITY & CONNCTIVITY I 4 arts and craft festivals. Parking wil l be provided in accordance w ith the development standards described in Chapter 2 : Land Use & Devel o pment Standards of this Specific Plan . Im plementation of the Specific Plan wi ll estab lish a street hierarchy that directs vehicles to the parking garages efficiently, reducing conflicts with pedestrians and bicyclists on the at-grade street network . This includes accommodating traffic from 1-280 with direct access to parking garages from North Wolfe Road. This will be complemented by VTA plans to rebuild and widen the North Wol fe Road /1-280 interchange that will include vehicular, bike and pedestrian improvements. The existing public roads of Wolfe Road, Ste vens Creek Boulevard, and Vallco Parkway are designed to handle the majority of the veh icle traffic . Connectors are second in th e hierarchy, directing ve hicles towards the primary roadways . Primary access to the Plan Area w ill be from Ste vens Creek Boulevard at A and B Streets , from northbound Wol f e at the Vallco Parkway, and from southbound Wo lfe Road into the parking garages south of 2 "d Street. The small block street network envisioned in the South Vallco Connectivity Plan will encourage the objective of efficient and safe multimodal ci rcu lotion. VALLCO TOWN CENTER SP ECIFIC PLAN I 4-17 ~ z ~ ~ ~ > ~ ~ < M ~ M > 00 cj ~ ~ 0 co M 00 cj co ~ ~ 1-3 ~ M ~ ~ ~ ~ M ('j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 137 (j I ~ ~ 0 4 I MOBILITY & CONNCTIVITY Figure 4 -8: Conceptual Vehicle Access Plan h ~ 'V i' -<' ·7 I ./ I I I /_ ' I I I I I I r·-.....,__ Legen d ® ill Be low Grode Park ing En t rance / Exit I =:::: 11 I I 12 . I J11 -Ve hi de C "co lo hoo I . f·f" Zone Closed lo Cars . h• I . D"'i og '"" 1 ' Above G rode Parking Ent rance I Exit () Si g na lized ln tersedions - ---+ s not to sc a le Note· Figure ' I • , 0 l'-\ ~ .--·-"'-·<:.,,_ --. :. :::== _ __!:;ill=-- i ] ) - . ' I • ' I \ -,~ __ f--~>---:-'I 6 , ,/ I Q) , t (1) ..,__ " I .!::: ·. ___.,. , ·~ 3 I I __________ / 14 ! ii I 3 I -----, . _ _ I I , . I ,--_______ , = I I L-----------------~ ---------·-,4.lllC~ /~ _____ _;---ti ·----------=-=~~~-/ ~--·-·-·-I 4 -18 I VALLCO TOW N CENTER SPECIFIC PLA N ~ z ~ ~ > ~ ~ < M ~ M > \fl e ~ ~ 0 ~ M \fl e ~ ~ ~ ~ ~ M ~ ~ ~ ~ (j ~ r ~ ~ 0 ~ = M < 0 ~ M ~ \fl 138 n I ,_. ,_. ,_. 4.5. Street Network and Hierarchy Figure 4-9: Conceptual Street Network and H ierarchy illustrates the proposed street netwo rk for the Plan Area for both public and pri va te, streets. Each street has been identified according to one of four classifications, namely: • Retail /Entertainment Streets • Retail /Office Streets • Entrance Streets • Municipal Streets These classifications and typical cross-sections are provided below. For the internal pri va te street network, performance guidelines are included w ith a range of possible w idths as shown on the cross sections. It should be noted that the cross-sections and illustrations are conceptual and may be modified pending final design so long as the intent and function of the streetscape remains in substantial conformance and wo uld not otherwise adversely affect traffic circulation and congestion, noise , air quality, or ha ve other effects on the en v ironment that would cause a significant impact. This includes sidewalk w idths , parking configuration, lane configuration, bike paths and lanes , etc. MOBILITY & CONNCTIVITY I 4 VALLCO TOWN CENTER SPECIFIC PLAN I 4-l 9 lo-I '.z lo-I ~ lo-I > ~ lo-I < M ~ M > rJ'l e ~ M ~ 0 ~ M rJ'l e ~ ~ lo-I ~ ~ M 0 0 lo-I ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ'l 139 (j t ~ ~ N 4 I MOBILITY & CONNCTIVITY Figure 4-9a: Conceptual Street Network and Hierarchy ~ <y .i' ~ I I I I I I I I I I I I I r'· -. -·· -· -·~ ........... ,_·.~--~·-·-· -·-. -.---. ....... I E Str eet D Str eet 18 0 t? (") Town Squa re East _cs tree ~t ----. I 8 I I! I 7 I Legen d En trance Street -Mun icipa l Street N o te: Fig ure is not to sca le NEB I ---------=====~{IDlfe:Rorru:l..-----====t---------------.. I I / I I I I I I I I //,,,.--].[ , I': ' © w / 1 1::: -~ ----1 <".l N ____ j 14 ::;; I J-:g r-------: 3 I I I I 1 ~-------------------------~ -- I 8 9, .. ~ ----I LI I 4 1:0 ·~ I , I Tow~::~"" -. I ---, -I ~IJ· ~ AS'"'i 1 11 -' , I 1.-, :--11l I r·-·1·1·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-,, L·-·-·-·-·-_.J ' I I L ·-·-·-·-·-·-·-·- 4 -20 I VALLCO TO WN CENTER SPECIFIC PLAN ~ '.Z ~ l-3 ~ > l-3 ~ < M ~ M > rJJ d ~ l-3 0 ~ M rJJ d ~ ~ ~ l-3 l-3 M ~ ~ ~ ~ M (j l-3 t'-i ~ l-3 0 l-3 = M < 0 l-3 M ~ rJJ 140 (] I Jo-I. Jo-I. ~ Figure 4-9b : Conceptual Street Network and Hierarchy ~ 'II i" ~ I I I I I I I I /. I I .. I I I --~.~~:~~,----·-·-·-·-·-·'-i .. ~ I r '-'--'-•-·--- m ~ m 1 ~ Tow n Square Ea st ree I 9 Ii.: L.. ----·:ol .~I ,-II~ -7 -----,I MOBILITY & C ONNCTIVITY I 4 Legen d Reta il I Enterta inment Street -Office I Reta il Stree t Note: Fig u re is not to sca le NEB I N . Wol le Road L·-·-·-·-·-·-·-·-·-·-·-·-·-·-·, I I I I I I I I /.//---1 ~1 _ _ · I J s I I . i ~D _____ , 14 ''o . "' 8St'"' -' --~ :------------(I 3 ,-~.-,'. I Towe Sq ome r 1----I ~IJ- ._ -----------------________ .J 1 I Wes t ' 2 2 _,__... I I I I r·- . J L. -. -· -·-·;--·-. I ""E I 0 . ~I :i . JS ! ..:><" ~ll U j I VI c · I ~! i Vi ! I ' ' u -----u -----_. :''"j 1 11 . I I ( I I I I i I 11 I ·L·-·-·-·-·--·-·-·-·-·-·--~·-'~---~-~·--~.~ VALLC O TO WN C ENTER SPECIF IC PLAN I 4-21 ~ :z ~ ~ > ~ ~ < M ~ M > 00 Cj ~ ~ 0 ~ M 00 Cj ~ ~ ~ ~ ~ M IO IO ~ ~ M (] ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 141 (j I ..... ..... """ 4 I MOBIL I TY & CONNCTIVITY 4 .5 .1. Retail/Entertainment Streets Retail /Entertainment Streets are intended to serve as the core north-south internal street netw ork for the w est side of North Wolfe Road. These streets will extend north from Ste vens Creek Boulevard and frame the east and w est sides of To w n Square West. These streets w ill provide one tra vel lane in each direction and w ill accommodate a Class Ill bikeway (shared bike/vehicle lane) in each direction. Parallel parking w ill be prov ided on both sides of the street w ith "bulb-outs" at various locations to accommodate additional side w alk space for pedestrian amenities and infrastructure, including outdoor dining, benches, landscaping , light fixtures, fire hydrants and other necessary streetscape elements . Bulb-outs w ill also be incorporated to narrow the street w idth at mid-block cross w alks to facilitate safer pedestrian c rossings . Side w alks w ill be incorporated on both sides of the street. Sidew alks w ill vary in width , but w ill generally be a minimum of 10 feet w ide . A dditional space for outd o or dining, planting areas , and other necessary streetscape elements w ill be provided on at least one side of the st r eet. A cross-section is depicted in Figure 4-1 Oa : Retai l/Enterta i nment Streets -Typ ical and is illustrated in Figu re 4-1 Ob : Retai l/Entertainment Streets -Conceptual Vie w . 4-22 I VALLCO TOWN CENTER SPECI FIC PLAN Figure 4 -1 Oa : Retai l/Entertainment Str e ets -Typica l BUILDING ZONE BUILDING ZONE ~ '.Z ~ ;.-3 > ;.-3 ~ < M ~ M > rJJ. d ~ M ;.-3 0 co M rJJ. d co ~ ~ ;.-3 ;.-3 M ~ ~ ~ (j ;.-3 ~ ~ ;.-3 0 ;.-3 = M < 0 ;.-3 M ~ rJJ. 142 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS "'" (") ~ "'" >- f-z -::i '.:'.: 0.. f-~ u u.. z Ci z LI.J 0.. 0 Vl "" u LI.J ~ f- o6 z LI.J >-u f--z __, 3: -0 co 0 f- 0 2 s __, ;:: C-115 143 (j I ~ ~ O'I 4 I MOBILITY & CONNCTIVITY 4.5.2 . Retail/Office Streets Retail/Office Streets are intended to serve as the core north-south internal streets on the east side of North Wo lfe Road. These streets w ill extend northward from Vallco Parkway to 3rd Street and frame the east and west sides of Town Square East. The streetscape w ill provide one lane o f traffic in each direction. Parallel parking w ill be provided on both sides of the street with "bu lb-outs" at various locati ons to accommodate additional sidewalk space for pedestrian amenities and infrastructure, including outdoor dining, benches, landscaping , light fi xtures, fire hydrants and other necessary streetscape elements. Sidewalks wi ll be incorporated on both sides of the street. Sidewalks wi ll vary in w idth , but w ill generally be a minimum of l 0 feet w ide . Additional space for outdoor dining , planting areas , and other necessary streetscape elements w ill be provided on at least one side of the st reet . A conceptual cross-section is depicted in Figure 4-11: Office Streets - Typical and is conceptually illustrated on the right. 3 rd Street and E Street may accommodate three lanes of traffic, one of w hich is dedicated to transit/shutt le use in certain areas . Al l streets on the boundary of the Plan Area may include a Class I bike path , separated by a raised barrier o f variable width and configuration . 4-24 I VALLCO TOWN CENTER SPECI FIC PLAN Figure 4-11: Retail/Office Streets -Typical BUILDING ZONE BUILDING ZONE ~ 'Z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJ.l c ~ ~ ~ 0 co ~ rJ.l c co ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJ.l 144 (j I ~ ~ -i 4.5.3 . Entrance Streets Entrance Streets wil l serve as primary entrances into the Plan Area (see Figure 4-12: Entrance Streets --Typical ). The entrance street at Vallco Parkway connects North Wolfe Road to To w n Square West and w ill serve as a major entry boulevard . It wi ll include two vehicular tra vel lanes in each d irection w ith a di v ided lan dscaped median. Bike lanes are provided in each direction . Both sid es of the street wi ll include planting areas w ith large canopy trees and pedestrian side w alks. Side walks w il l vary in w idth but w ill generally be a minimum o f 10 feet. 2 nd Street -East w ill connect North Wolfe Road to To w n Square East. It will include t wo vehicu lar tra vel lanes in each direction . A bidirectional protected C lass I bikeway is provided on the south side o f the street . Both sides of the street w ill include planting areas w ith large canopy trees . Side w al ks w ill be incorporated on both sides of the street . Side w al ks w ill vary in w idth , but w i ll general ly be a minimum of 1 0 feet w ide . 2 nd Street -W est w ill extend fro m North W olf Road w est to the En tertainment District. It will incl ude two v ehicu lar tra ve l lanes in each directi o n . A bidirectional protected C lass I bikew ay is prov ided on the south side of the street . Bo th side s of the st reet w ill include planting areas w ith large canopy trees . Sidewalks w ill be incorporated on both sides of the stree t . Side w a l ks w ill vary in w idth , but w il l genera ll y be a minimum of 1 0 feet w ide . MOBILITY & CONNCTIVITY I 4 Figure 4-12 : En trance Streets -Typica l BUILDING ZONE .., VALLCO TOWN CENTER SPECIFIC PLAN I 4-25 BUILDING ZONE ~ 'Z ~ ""'3 ~ > ""'3 ~ < M s= M > 00. e ~ ""'3 0 eo M 00. e eo s= ~ ""'3 ""'3 M ~ ~ ~ ~ M (j ""'3 r ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ 00. 145 ~ I ..... ..... QO 4 I MOBILITY & CONNCT I VITY 4.5.4 . Municipal Streets Municipal Streets include the three public streets that are adjacent to or insect the Plan Area; namely, Ste v ens Creek Boulevard , North Wolfe Road and Vallco Parkw ay . Each is described below . Stevens Creek Boulevard As sho w n in Figure 4-l 3a: Mun icipal Streets -Ste vens Creek Boulevard , the existing road wa y alignment w ill remain unchanged. On the north side of the Ste vens Creek Boulevard a ne w pedestrian path way w ill be routed to improve the pedestrian experience along Ste vens Creek Boulevard and shall endea vor to maintain the existing double ro w of Ash trees . Further north along the Plan Area boundary, a new pedestrian side w alk is en v isioned , w hich w ill serve as a significant promenade lined w ith retail stores on the ground le vel and apartments above (w here applicable). Side wal ks in the pedestrian zone w ill vary in w idth , but w ill generally be a minimum of 8 feet w ide . Path w ays betw een existing trees w ill vary but w ill generally be kept to a minimum w idth to protect the existing trees. At the south w est corner of Plan A rea , the Mobility Hub w ill con verge at the ne w trail head entry to Community Park and Nature A rea. N o rth of this , a ne w pedestrian side w alk is en visioned w hich w ill se rv e a s a sign ificant ne w pedestrian promenade faced w ith retail stores on the ground level and apartments above (w here applicable). A conceptual view is show n in Figure 4-l 3b: Con ceptual Vie w o f Ste vens Creek Bo uleva rd St r eetscape. 4-26 I VALLCO TOWN CENTER SPECIFIC PLAN Figure 4-13a: Municipa l Streets -Stevens Creek Boulevard BUILDING ZONE I ~ I ~ ~ 1 ~ ~ z ~ ~ ~ > ~ ~ < M a: M > 00. ('j ~ M ~ 0 co M 00. ('j co a: ~ ~ ~ M 0 0 ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00. 146 "'" >->--- > ->--u z z 0 u o6 >- >--- ---' -co 0 ~ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Q) 0.. 0 u .!!! Q) ~ -(./) -0 ... 0 > Q) :i 0 IXl ~ Q) Q) u (/) c Q) ~ (./) '+- 0 ~ > 0 ::> -0.. Q) u c 0 u ...0 ("') C-119 " ~ "'" z :5 a_ u ~ u LLJ a_ Vl °" LLJ >--z LLJ u z :s 0 >-- 0 s ~ 147 (j I ~ N 0 4 I MOBILITY & CONNCTIVITY North Wolfe Road As shown in Figure 4 -l 4a: Munic ipal Streets -North Wolfe Road , the existing curb line along the Plan Area frontage will be re-aligned to improve vehicular, pedestrian, and bicycle circulation. Modifications to North Wolfe Road will improve pedestrian connections w hile maintaining existing trees. A new pedestrian pathway will be routed to maintain the existing trees. Broader pedestrian sidewalks w ill be lined w ith retail stores with areas of outdoor seating . The road modifications may accommodate bike lanes in each direction . Parallel parking will be provided on both sides of the road with planting areas to accommodate existing trees and additiona l pedestrian amenities and infrastructure, including , light fi xtures, fire hydrants and other necessary streetscape elements. Primary sidewalks will be incorporated on both sides of the street. Sidew alks in the pedestrian zone w ill vary in w idth , but w il l generally be a minimum of 8 feet w ide . Path w ays between existing trees will vary but w ill generally be kept to a minimum w idth to protect the existing trees . As conceptual vi ew is shown in Figure 4-l 4b: Conceptual View of North Wo lfe Road Streetscape . 4-28 I VALLCO TOWN CENTER SPECIFIC PLAN Figure 4-l 4a: Municipal Streets -North Wolfe Road BUILDING ZONE ,~ ~ I ~ ~ 2 ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ M ~ 0 co M rJJ. e co ~ ~ ~ ~ M c c ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 148 '<!" >- f-- '.:: f- u z z 0 u o<'5 >- f--_, - al 0 :2: INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Q) a.. 0 u -fil ~ +-(/) " 0 0 0.:: .2 0 5: ..c t 0 z ...._ 0 ~ > 0 :::> +-a.. Q) u c 0 u ' ""'" Q) "-:::> O> i..L C-121 °' ~ '<!" z s 0... ~ LL 0 w 0... V) "" w f-z w u z 5: 0 f- 0 u _, ~ 149 (] I ioo-0 N N 4 I MOBILITY & CONNCTIVITY Vallco Parkway As show n i n Fi gure 4-1 So : Municipal Streets -Va lko Parkway , the existing curb line along the Pion A rea frontage w ill be re-aligned to improve vehicular, pedestrian, and bicycle circu lation . M o difications t o the Voll co Parkw ay streetscape w ill improve pede strian and bike connections along the southern border of the Pion A rea . A ne w pedestrian side w a l k w i ll be prov ided a long the stree tscope w ith areas of out doo r seating . Bi ke lanes w il l be prov ided in bo th directi o ns . Parallel parking and lo ading /drop -off zone s may be provi ded wi th planting area s to accommodate large canopy trees and additiona l pedestrian amenities and infrastructure , i ncluding light fi xtures , fire hydrants and other ne cessary st reetscape el e ments . Sidew alks i n the pedestrian zone wi ll va ry in w idth , but w ill generally be a minimum of 8 feet w ide . A s co nceptual v ie w o f a potential configurati o n is sh own in Figure 4-1 Sb: Conceptual View of Vallco Parkway Streetscape. 4-30 I VALLCO TOWN CENTER SPECIFIC PLAN Figure 4-1 Sa : Municipal Streets -Va l lco Parkway BU ILDI N G Z ONE ~ :z ~ ~ ~ > ~ ~ < M ~ M > \JJ. d g_; ~ 0 ~ M \JJ. d ~ ~ ~ ~ ~ M ~ ~ ~ ~ M (] ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \JJ. 150 "'" >- f--> - f-u z z 0 u o6 >- f--__, - al 0 ~ INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Q) a.. c u .l!! Q) ~ +-(/) >-c ~ ..... c a_ 0 u -§. ...... 0 ~ > c ::i a.. Q) u c 0 u ...0 l{) ~ ' -.:!" Q) ..... ::i Ol ii: C -123 CV) "'" z :5 a_ ~ LL Ci LU a_ </) a< LU f-z LU u z ~ 0 f- 0 u __, ~ 151 (j I """" N ~ 4 I MOBILITY & CONNCTIVITY 4.6. Off-Site Transportation Improvements The Specific Plan identifies proactive measures to incorporate transportation solutions along key public transportation corridors and 1- 280. This includes road w ay improvements in support of vehicular traffic , bike, pedestrian , and transit improvements and programs (described above), and a substantial transportation demand management program to encourage carpooling, alternative transportation solutions , and off- peak tra vel (described below). In addition, the Town Center w ill implement a number of off-site transportation improvements , w hich w ill be coordinated w ith various agencies including Caltrans, VTA , and the City of Cupertino . A complete list of all off-site transportation improvements are described in Appendix A -Environmental Design Features . 4 -32 I VALLCO TOWN CENTER SPECIFIC PLAN ~ ~ ~ ~ > ~ ~ < l:'!'j ~ l:'!'j > \fl e ~ l:'!'j ~ 0 ee l:'!'j \fl e ee ~ ~ ~ ~ l:'!'j e; e; ~ ~ l:'!'j (j ~ ~ ~ ~ 0 ~ = l:'!'j < 0 ~ l:'!'j ~ \fl 152 (j I """"' N Ut 4.7. Transportation Demand Management Strategies The approach t o Tran sportation Demand Management (TOM) for the Town Center is to proactively offer a multitude of subsidized services for residents, workers, v isitors, and the community at large, in order to reduce the demand for driving. The Town Center wi ll offer many transportation serv ices, including shutt le s, on-site bike commuter amenities, carshare, and other features, in keeping wi th best practice elsewhere in Silicon Va lle y. The investments in transportation options are intended t o generate benefits in terms of minimizing congestion and improving health and the environment in Cupertino. A rich toolbox of TOM measures is available for implementation. The following section describes many of the strategies that are committed for the Town Center. Some of those strategies are described in more detail elsewhere in this chapter. MOBILITY & CONNCTIVITY I 4 VALLCO TOWN CENTER SPECI FIC PLAN I 4-33 ~ ~ ~ ~ ~ > ~ ~ < M ~ M > rJ). e ~ ~ 0 ~ M rJ). e ~ ~ ~ ~ ~ M 0 0 ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ). 153 (j I '"""' N O'\ 4 I MOBILITY & CONNCTIVITY 4.7.1 . Transportation Strategies The follow ing sections describe the Transportation Demand Management strategies that are committed to be implemented for the To w n Center. Bicycle and Pedestrian Facilities and Incentives • Secure bicycle parking . To facilitate bicycling as the primary mode of transportation, secure and ample bicycle parking w ill be provided. The types of bicycle parking should consider the needs of all of its potential users. This includes providing both indoor and outdoor bicycle parking and storage for both short term and long term bicyclists . • On-site bike repair facilities. Repair facilities in the form of freestanding repair stands and designated outdoor floor space w ould provide a space to w ork , free bike tools , and bike pumps to help cyclists make repairs. • Show ers and changing facilities. Sho w ers and changing facilities could be provided on-site and w ould promote both bicycling and w alking for self-powered commutes. The facilities should include lockers for users to store their personal belongings. 4 -34 I VALLCO TOWN CENTER SPECIFIC PLAN Free Community Shuttle The To w n Center applicant w ill spearhead and provide substantial funding for a community effort to provide a free community shuttle, in partnership w ith the City, VTA , local school districts, property owners, and/or corporate employers . Shuttle programs are especially helpful in bridging the "last mile" gap by getting users to their final destinations w ithout relying on their car. A shuttle that includes service to the Plan Area w ill lessen the need for car reliance and enhance the use of other public transit modes . The service may initially be offered on demand or w ith a flexible route w ithin a specified service area. Depending on the popularity of the shuttle service, other sponsors could help augment the funding for this shuttle. ~ '.Z ~ ;-3 ~ > ;-3 ~ < M ~ M > rJJ. e ~ ;-3 0 ~ M rJJ. e ~ ~ ~ ;-3 ;-3 M ~ ~ ~ ~ M (j ;-3 r ~ ;-3 0 ;-3 = M < 0 ;-3 M ~ rJJ. 154 ~ I """" N -...l Carpool, Carshare, and Rideshare • Carpool and rideshare matching services. Ridesharing and carpooling matching services facilitate conversations between employees and residents to set up regular, casual, or on- demand carpooling . • Priority parking for carpools and va npools. Parking areas at the To w n Center should have designated, priority parking spaces for carpoolers and va npoolers. • On-site carsharing and car rental services. Car share and car rental services can prov ide solutions for commuters w ho choose not to drive to work or residents who choose not to own a car, but need to make occasional trips by car. Services are most convenient w hen they are provided on-site and ha ve priority parking. Some carsharing services offer electric ve hicles , further decreasing the environmental footprint of automobile use. • Subsidized carshare memberships. Most carshare services ha ve membership fees. Subsidized memberships provide a financial incentive to use the carshare service as needed rather than commuting to work by car. Multimodal Financial Incentives • VT A Eco Passes. VTA offers a program that allows employees and residents to receive a deeply discounted annual transit pass va lid for travel on all VT A services. This encourages employees and residents to fully and seamlessly utilize the wealt h of existing transit services that may ha ve previously been unaffordable or inaccessible to many users. • Pre-tax commuter benefit program. A pre-tax commuter benefit program may benefit employees that live further away or cannot utilize VTA services. This program allows eligible employees to designate a portion of their salary before taxes (pre-tax income) to pay for qualified transit, carpooling, and/or va npooling expenses. Users can save significantl y by using pre-tax dollars to pay for transportation costs. MOBILITY & CONNCTIVITY I 4 VALLCO TOWN CENTER SPECIFIC PLAN I 4-35 ~ z ~ ~ ~ > ~ ~ < M ~ M > \J). c ~ ~ 0 co M \J). c co ~ ~ ~ ~ M ~ ~ ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \J). 155 n I """"" N QO 4 I MOBILITY & CONNCTIVITY TOM Coordinator To fully implement and sustain the TDM plan, an on-site TDM coordinator could be hired to develop, market, implement, and evaluate the TDM strategies. A dedicated TDM coordinator makes the TDM program more reliable, robust, and consistent. The duties of a TDM coordinator could include: • Provide information on the multimodal financial incentives, such as the VTA Eco Passes • Update employees on tran spo rtati o n and commuter alerts • Assist with ridesharing and carpooling matching systems • Implement TDM programs and events such as Bike to Work Day and bicycle repair commute workshops • Monitor and evaluate the TDM plan with specific metrics and surveys • Manage the TMA budget for implementing TDM strategies • Be the go-to person for other questions on transportation options. The TDM program w ill involve a comprehensive level of programming and encouragement. Such programs may include a bike pool program, Guaranteed Ride Home program, active transportation events (such as Bike to Work Day), fitness competitions, bicycle repair and commute workshops, and flexible work schedules. The TDM coordinator would be responsible for managing, organizing, appropriating funding, and staffing these programs. Parking Parking is a precious resource and it is challenging to balance supply w ith demand. Too little parking may result in spi ll over effects into adiacent neighborhoods, while too much parking may encourage driving and related congestion. Therefore, parking is closely related to the Town Center's efforts to reduce driving. In correspondence with the mandatory reduction in trips, a reduction (compared to the Cupertino Municipal Code) in office parking spaces is planned. However, office parking within 4-36 I VALLCO TOWN CENTER SPECIFIC PLAN the Plan Area w ill be made available on evenings and weekends to ensure availability of parking for retail and entertainment uses. Non-automobile transportation methods support parking reduction strategies in several ways: • • • Improving walkability (the quality of walking conditions) expands the range of parking facilities that serve a destination. This increases the feasibility of sharing parking facilities. Improving wa lkability increases park-once trips (parking in one location and wa lking rather than driving to other destinations), whic h reduces the amount of parking required at each destination. Wa lking and cycling improvements encourage transit use since most transit trips involve wa lking or cycling links. Wa lking and cycling improvements can help reduce total ve hicle ownership and use in an area. People who live and work in more wa lkable and cyclable communities tend to own fewer veh icles and take fewer vehicle trips than those in more automobile-oriented locations. In pedestrian-friendly areas, parking requirements may be reduced by 10 to 30 percent due to efforts suppo rting pedestrian and bicycle tra vel in combination with additional transportation demand management strategies . Benefits of increased wa lkabi lity and bikeability of an area extend beyond parking demand decreases to include economic, socia l, and environmental benefits inc luding savings in parking facility costs, reduced auto-related pollution, and reduced use of non-renewable energy, improved public health , and improved social interaction between users. ~ z ~ "'"3 ~ > "'"3 ~ < t'f'j ~ t'f'j > rJ). e ~ "'"3 0 co t'f'j rJ). e co ~ ~ "'"3 "'"3 t'f'j 0 0 ~ ~ t'f'j n "'"3 ~ ~ "'"3 0 "'"3 = t'f'j < 0 "'"3 t'f'j ~ rJ). 156 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS c Q) 0 _Q (/) 0 >-:,:) > u ..:..= t-0 Q) '-+-'---0 u ·~ E t-0 0 Q) Q) D: '-- <( +- ct 0 c Q) '--:e 0 u CL 0 U') Q) +- _c c ~ +-0 ~ +->-0 0 +- Ill _c > ·u 0 .... (/) c '-- U') c c Q) m ·-t ct Ill _g~ 0 -Q.. c E z ~ x 0 (/) Q) '-->---0 -Ill Q) :::::: c ct t--+--:-= 0 Q.._o t-ct 0 0 +- U') _c c c D: u ·-Q) :l 0 ·- t-(/) +--:--= _c (/) (/) U') U') :,:) Q) f-(/) '-- C -129 157 (j I """" VJ 0 5.1. Introduction Sustainable and smart cities are the effecti ve integration of physical , digital and human systems in the built environment to deliver a sustainable, prosperous and inclusi ve future for its citizens. The goal of sustainable and smart city development is to increase the efficiency of the operation of the city, stimulate the city's economy, and improve the quality of life for its citizens . The Plan Area considers a range of strategies , including the integration of green space, resource efficiency , urban design , community , and technology, to address economic, social and en v ironmental sustainability opportunities. Technology can be classified, broadly, as ICT (Information Communications Technology). ICT technologies range from long-term infrastructure solutions such as city control centers, smart grids and autonomous vehicles, to tangible services such as smartphone applications, online platforms that crow dsource citizens' ideas , and environmental sensors. Data is also central to sustainable and smart cities, in particular the use of big data and open data , and should be applied to enhance community life, service responsi veness and enhancement, and access to information and resources. The Specific Plan 's sustainable and smart city strategies are consistent with Cupertino's General Plan, Cupertino's Climate Action Plan , California Energy Code, CalGreen , and other city , county and state documents. Proposed strategies to meet these objectives and requirements are described along w ith their potential benefits to Cupertino and its residents and visitors. SUSTAINABLE & SMART CITY STRATEGIES I 5 Social Progra ms VALLCO TOWN CENTER SPECIFIC PLAN j 5-1 1--i :z 1--i ~ 1--i > ~ 1--i < ~ ~ ~ > 00 e ~ ~ 0 co ~ 00 e co ~ 1--i ~ ~ ~ 0 0 1--i ~ ~ (j ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 158 n I ..... tH ..... 5 I SUS TAINA BLE & SMART CITY STRATEGI ES 5.2. Sustainable and Smart City Strategies This chapter describes the strategies for green space, resource efficiency, urban design, community, and technology. 5.2 .1. Green Space -Natural and Human Assets The core of the Specific Plan 's environmental sustainability strategy is the commitment to the wo rld 's largest green roof, w hich wi ll result in climate responsive and high performance buildings, infrastructure , and landscape. The 30-acre rooftop Community Park and Nature Area w ill improve resource efficiency and mitigate climate change, and offer significant ecological benefits. Furthermore , the holistic approach to planning, planting, and maintaining this open space wi ll catalyze other green roofs throughout the region. Focus Areas • Open space • Publicl y accessible outdoor space • Playgrounds and other community assets • Habitat and habitat linkage • Native and regionally-appropriate landscap ing • Storm water • Flood resiliency • Regional watershed Potential Stra t eg ies • 30-acre green roof for Community Park and Nature A rea • Maintain as many existing tree s as is feasible, including the mature trees on the perimeter of the Plan A rea. • Use non-potable wa ter for landscape irrigation . • Capture , treat and reuse storm wa ter on-site. Contributing measures include rainwater harvesting and re-use. 5-2 I VA LLCO TO WN C ENTER SPECIFIC PLAN Susta i na bl e a nd Smart City Benefits • Improve d outdoor comfort and user experience • Reduced stormwater runoff • Improved water quality • Reduced urban heat island • Improved air quality • Improved thermal insulation • Reduced energy consumption • Reduced noise • Extended life of building roof • Improved carbon storage • Improved bio-diversity ~ z ~ """3 ~ > """3 ~ < M ~ M > rJJ. e ~ """3 0 co M rJJ. e co ~ ~ """3 """3 M c c ~ ~ M n """3 ~ ~ """3 0 """3 = M < 0 """3 M ~ rJJ. 159 n I ...... ~ N S U ST AI N A BLE & SMART CITY STRATEGIES I 5 Amphibians/Reptiles/Mammals/Insects Bumb le Bees Sol itary Bees l:l i lnrna Red-~ggerrfrQ!i Cal1o'lla TJ9!' Sa!m'Xier CMi:J:er!1 ll'lite Butt!ffly Merriam's Chipmunk Western Pond Turt le i!ipe\ll'!SW!it'Oi BJt:!!li) Western Bl!J e Bu tt erfl y Resident Bird Species Anna's Hu mmingb ird Grea t Blue Heron Red Tailed Hawk Red Wi nged Blackbird Weste rn Meadowlark White Tailed Kite Bur rowin g Ow l Weste rn Scrub-Jay Spotted Towhee Nort hern Flicker Grea t Horned Owl Downy Woodpecke r Ca liforn ia Quall Migratory Songbirds (March -May) Migratory Waterfowl (January) Olive Sided Flycatch er Yell ow warbler Warbling Vireo Wester n Tana nge r Lazuli Bu nting Ba rn Swal low Canvasback No r th en Pint ail Lesser Scaup Eared Gr ebe Common Merganser Cinnamon Teal e SPECIAL STATUS SPECIES ' ' ' ' freshwater marsh sub t idal w at er chaparral oak savanna oak woodland wet meadow VALLCO TO WN CENTER SPECIFIC PLAN i 5 -3 i'-i ~ i'-i ~ i'-i > ~ i'-i < t:'!'j s= t:'!'j > 00 ('j gg ~ 0 ~ t:'!'j 00 ('j ~ s= i'-i ~ ~ t:'!'j 0 0 i'-i ~ t:'!'j n ~ ~ ~ ~ 0 ~ = t:'!'j < 0 ~ t:'!'j ~ 00 160 ri I lo-" w w 5 I SUSTAINABLE & SMART CITY STRATEGIES 5 .2 .2 . Resource Efficiency -Water, Energy & Sol id Waste The sustainability goal for the Town Center is to achieve the highest le ve l of certification from a globally recognized environmental sustainability certification program, such as LEED Platinum certification, or equivalency. Given the scale and complexity of Plan Area, the builder of the Plan Area should collaborate with the Green Building Certification Institute to establish the appropriate certification approach. To meet the water demand associated w ith a green roof, the use of rec ycled wa ter and drought tolerant and nati ve landscaping that thri ves on little to no water w ill be utilized . The Plan Area wi ll prioritize and integrate climate responsi ve design strategies that leverage the exceptional Mediterranean climate of Cupertino to improve user comfort and to reduce energy use of mechanical, electrical and information technology systems. This wi ll result in energy and water conservation, and lower carbon emissions. A com bi nation of the geometry of the compact To wn Center layout, the vas t green roof, high performance building envelopes, thermal mass, natural venti lation , natural daylight, and internal load reduction w ill accomplish these goals. Act ive energy design strategies, such as low energy systems, displacement ve ntilation , heat reco very, efficient mechanical, electrical and information technology equipment, LED lighting , load scheduling, and other strategies w ill complement the climate responsive design. Focus Areas • Water o Potable wa ter demand o Non-potable water use o Irrigation demand • Energ y o Ph otovo ltaics o Power consumption 5-4 I VALLCO TOWN CENTER SPECIFIC PLAN o Thermal energy consumption o Passi ve design • Waste D D D Demolition was te and dust control Recycled construction materials Solid was te separation and landfill avoidance Potential Strategies • Reuse treated storm wa ter and maximize use of non-potable wa ter. • Design buildings that use less energy than code requires, focusing on reducing load and incorporating passive strategies, le verag ing local climate, and thermal mass. Natural ven tilation and daylighting are examples of two passive design strategies. • Recycle or salvage majority of non-hazardous construction and demolition debris. • Integrate recycled content in infrastructure and buildings including the use concrete containing fly ash, slag, or other fill that is recycled. Sustainable and Smart City Benefits • Reduced potable water consumption per person. • Reduced residential energy and wa ter costs. • Off-site water savings due to energy efficient design. • Source and use extended municipal recycled wate r system. • Reduced operational impacts on water treatment facilities. • Improved quality of water discharged to regional water bodies. • Reduced energy consumption per person and per square foot than current Plan Area. • Fe wer tons of C02e emitted per user or per square foot . • Less waste to landfill per person than current use. lo-( z lo-( ~ lo-( > ~ lo-( < ~ ~ ~ > \J'J. e ~ ~ ~ 0 eo ~ \J'J. e eo ~ lo-( ~ ~ ~ ~ ~ lo-( ~ ~ ri ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ \J'J. 161 (j I ,_ w ~ 5.2.3. Urban Design -Accessibility and Urban Form The diagram below illustrates design priorities as it pertains to transportation: / SUSTAINABLE & SMART CITY STRATEGI E S I 5 Focus Areas • Holistic planning and green certification • Transit accessibility • Wa lkability and bike-ability • Carpooling and car sharing • Electric vehi cle charging • Bicycle parking • Non-auto mode share • Local and regional connectivity Potential Strategies • Highest le ve l of recognized environmental sustainability certification • Provide a sa fe and inviting pedestrian and bicycling environment, including distributed and safe bike facilities • Enhanced pedestrian and bicyde connectivity • Create a Mobility Hub to support tran sit riders, bicyclists and pedestrians • Pro vide high quality, frequent and easily-accessible transit via multimodal transit center • Implement a transportation demand management program to encourage transit use and reduce traffic. Featu res might include : bicycle lanes and trailheads ; circu lation improvement; carpool, carshare, and rideshare; multimodal financial incenti ves; and robust tran sporta tion management • Consolidated underground parking w ith distributed EV charging facilities Sustainab le and Smart City Benefits • Expanded Cupertino bic ycle oppo rtunitie s by adding to and enhancing existing bicycle network. VALLCO TOWN CENTER SPECIFIC PLAN i 5-5 ~ z ~ ~ ~ > ~ ~ < t"!'j ~ t"!'j > \JJ. e ~ t"!'j ~ 0 co t"!'j \JJ. e co ~ ~ ~ ~ t"!'j ~ ~ ~ ~ t"!'j (j ~ ~ ~ ~ 0 ~ = t"!'j < 0 ~ t"!'j ~ \JJ. 162 n I ~ tH Ut 5 I SUSTAINABLE & SMART CITY STRATEGIES • 3.8 miles of ne w pedestrian trails in the Community Park and Nature Area. • Greater use of transit. • More carpooling, bicycling and walking. • More li ve -work opportunities with in the Plan Area. • More efficient ve hicles. • Less surface parking/exposed hard services. 5 .2.4. Community -Jobs, Housing and Economics Through responsible programming and extensive community outreach, the Plan Area should fulfill demand for things like community spaces, modern retail , job/housing opportunities to reduce commutes, improved recreational facilities like ice rinks, entertainment facilities like movie theaters and bowling alleys, and opportunities for regiona l views from the rooftop Community Park and Nature Area . Key sustainable and smart cities community features as described in Section 2.4 Community Benefits of this Spec ific Plan. Focus Areas • Mix of Uses • Recreation Opportunities • Employment • Employment Di versi ty • Housing Potential Strategies • Access ible 30-acre Community Park and Nature Area. • Two To wn Center Squares, tota ling approximately 3 acres. • Additio nal civic and educational space totaling approximately 50,000 to 100,000 sf 5-6 I VALLCO TOWN CENTER SPECIFIC PLAN • Public art onsite. • Housing units mixed w ith jobs o n-site . • A minimum of 100,000 square feet of incubator wo rk space and/or multi-tenant spaces for start-ups, mid-size companies, and/or new & emerging technol og ies. Sustainable and Smart City Benefits • Passi ve open space and public spaces w ill provide opportunities for community recreation and gatherings. • Mixed land uses w ill provide opportunities for residents and peop le in neighboring areas to meet their dai ly needs in close proximity to w here the y li ve and work, thus reducing reliance on add iti onal automobile trips. • Jobs-housing balance -fulfil li ng General Plan visio n to create a balanced community w ith a mix of land uses tha t support thri ving businesses, a ll modes of transportation , comp lete neighborhoods and a healthy community by providing housing in addition to jobs on-site. • Range of housing types , supporting affordability and options for a range o f household types, including families and seniors. 5.2.5 . Technology -Services and Innovation All Smart City techno logies require a robust and reliable broadband network to operate. Today, high-speed broadband networks are as critical as roads, water, sewer, and electricity. Public services such as hea lth care, education, public safety, and government institutions are being transformed by new information technologies that rely on high- speed communication networks . More generally community life is being enhanced through this new la yer of infrastructure in which intelligent systems are designed to support commun ity-wide access to services and amenities, socia l connectivity and communications. The Plan Area offers a unique opportunity to offer an entire mixed use communi ty that can be a living lab for a number of smart environments that support digita l -physical interactivity. Pe op le stay connected to the ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > 00. e ~ ~ 0 co M 00. e co ~ ~ ~ ~ M ~ ~ ~ ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00. 163 () I ~ ~ 0-, community through social network applications. Video streaming of events and content and entertainment ranging from game-based activity to on-line learning and creativity over the Internet is replacing broadcast television as the main form of home entertainment. Businesses must have access to broadband networks to be competitive and offer digitally enhanced user experiences. Focus Areas In developing the Plan Area as a sustainable and smart city, six focus areas should be considered: • Citizens connectivity, information , access to services • Community life , wel lbeing , and healthy li vi ng • Infrastructure, technology, data for enhanced environmental management • Enterprise and innovation based enhancement • Leadership and strategy • Measurement and learning Potential Strategies In addition to public services and operational efficiencies, the Plan Area should explore fi ve strategies to enhance the way the citizens of Cupertino work, li ve, learn and play: • Retail • Residential Living • Wellness • Entertainment • Office Retail With an ICT infra structure that supports rapid downloads via Wi-Fi and a distribution of I-beacons across the property, the Plan Area could be the ideal beta site for retail. The movement in retail towards digital-physical SUSTAINABLE & SMART CITY STRATEGIES I 5 environments creates digital interfaces that enhance the shopping experience both on the handheld device and through interacti ve media, such as smart mirrors, digital shopping windows and personalized shopping applications. These technologies enhance the physical shopping experience by reinforcing the social interaction, customization and desire for choice that is engaging shoppers. The Plan Area should be configured to offer this environment and design it so it features technology of Silicon Valley companies as the medium for shopping across the mixed-used retail district. Residential Liv i ng Similarly, Silicon Valley technology companies are moving into creating a media ecology that captures the home market. These services could be offered as a residential amenity in the Plan Area. Silicon Va lley innovations for the smart home range from new entertainment and communication interfaces to the intelligent thermostat, to smart home controls and v ideo monitoring; to the Internet of Things (IOT) technologies that link all these devices together. Wellness Today the market for wel lness applications is expanding rapidly and cou ld be highlighted at the Plan Area via the rooftop trails, fitness center, the healthy and organic offerings of the market hall, personal and social physical fitness monitoring, telemedicine services and o ther enhancements to community-wide we llbeing being pioneered by leading technology companies. The paradigm for healthy li v ing has shifted to a focus on outcome-based medicine, community-facing health hubs and data-enhanced health monitoring through personal and wearab le devices. The Plan Area should be planned to support this new paradigm with an environment that offers recreational, fitness and leisure activities enhanced by a smart system that facilitates healthy life styles w ith information and choices. Entertainment Toda y Silicon Valley companies are moving into areas like vi rtual and augmented reality . The Plan Area could serve as an environment for digital game play using smart phones and wearab le devices applying the VALLCO TOWN CENTER SPECIFIC PLAN i 5-7 ~ z ~ ~ ~ > ~ ~ < trj ~ trj > rJ). Cj ~ trj ~ 0 eo trj rJ). Cj eo ~ ~ ~ ~ trj 0 0 ~ ~ trj () ~ r ~ ~ 0 ~ = trj < 0 ~ trj ~ rJ). 164 r':l I ~ (.H ---1 5 I SUSTAINABLE & SMART CITY STRATEGIES same I-Beacons and Wi-Fi infrastructure being deployed for retail , we llness and public spaces. Entertainment as a social activity could also be supported by ICT, affording community members with information on events, and activities across the Plan Area's array of entertainment venues (outdoor performances, weeke nd markets, bowling, ice skating, cinema, art shows, and so on). Office Shared incubators and workspaces could be set up for emerging entrepreneurs and as a beta site for the ever-evolving products of Silicon Va lle y companies. Today shared workspaces often are the new hubs for start-up companies -and many examples now exist in Cupertino -while tech supported incubators and accelerators are facilitating the development of new products. Simi larl y, these venues are being used as shared spaces for inventors and tech enthusiasts, serving as much as a new form of entertainment as workplaces. Sustainable and Smart Ci1y Benefits • Health and Wel lbeing : everyone living and working in the city has access to wha t they need to survive and thri ve • Economy and Society: the social and financial systems that enable people to live peacefully and act collectively • Infra structure and En vironment: the man-made and natural systems that provide critica l serv ic es, and that protect and connect community assets, enabling the flow of goods, services and knowledge. • Leadership and Strategy: the processes that promote effective leadership, inclusi ve decision making, empowered stakeho lders and integrated planning. 5 -8 I VALLCO TOWN CENTER SPECIFIC PLAN ~ z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ M ~ 0 ~ M rJJ. e ~ ~ ~ ~ ~ M ~ ~ ~ ~ M r':l ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 165 (1 I Jo-& (.H QO INFRASTRUCTURE & PUBLIC FACILITIES This chapter describes the p lan for infrastructure and utility needs (e.g., water, sewer, recycled waterL as well as pub lic services (i.e., sher iff, f i re, schoo ls, li brary, and other civic amenities) for the Plan Area. ~ z ~ ~ ~ > ~ ~ < M s: M > \Fl d ~ M ~ 0 co M \Fl d co s: ~ ~ ~ M ~ ~ ~ ~ (1 ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \Fl 166 (j I I-'- ~ \0 6.1. Introduction This Specific Plan describes a variety of public facilities and services intended to support and serve the needs of the Plan Area residents , vis itors , and work force . Services include : water, sanitary sewer, storm drainage, solid waste disposal, fire and police protection, schools, library , and utilities. Exis ting infrastructure is provided by a variety of prov iders , as shown in Table 6-1: Service Pro viders . Table 6 -1: Service Providers SERVICE Water Recycled Water Wastewater Storm Drainage Electric Service Gas Service Fire Pro tection Police Protection Schools Library Solid Waste Disposal PROVIDER The Town Center -on-site California Water Service Company Santa Clara Valley Water District, the City of Sunnyvale, Cal Water The Town Center -on-site Cupertino Sanitation District The Town Center -on-site; City of Cupertino -off-site Pacific Gas and Electric Pacific Gas and Electric Santa Clara County Fire Department Santa Clara County Sheriff's Office, West Valley Division Cupertino Union School District Fremont Union High School District Santa Clara County Library District Recology South Bay The existing wa ter, sewer, electrical , gas , communicat ions, and storm drainage utilities are located in public utility easements throughout the INFRASTRUCTUR E & PUBLIC FACILITI E S I 6 Plan Area. Demolition and re-routing of existing utilities w ill be required as part of Plan implementation. 6.2. Storm Drainage & Water Quality Management 6 .2 .1 . Storm Drainage A n existing public storm drain extends north in North Wo lfe Road, tra verses the Mall property in an easement, goes through a public storm drain located wi thin an adjacent property in an easement and discharges to the Santa Clara Valley Wa ter District's Junipero Serra Channel that runs along 1-280 and ultimately discharges into Calabazas Creek. Implementation of the Specific Plan wi ll modify the drainage on North Wo lfe Road to extend it farther north and realign it out of the proposed parking garage just south of the tunnel under North Wo lfe Road. A new public storm drain w ill be installed in 3'd Street up to the existing point of connection located in the public utility easement on Block 13 for discharge into the Junipero Serra Channel, along 1-280 . Onsite storm drainage w ill be directed to retention cisterns for filtering and reuse as irrigation wa ter for the Plan Area. These vaults w ill be sized per the San Francisco Bay Regional Water Quality Control Board requirements. A ll overflow from the Plan Area for storms larger than the required treatment storm w ill discharge from the vaults directly to the public storm drain located in the adjacent properties to the North, in public utility easements and to the Junipero Serra Channel. The stormwater system for the Plan Area is shown on Figure 6 -l : Conceptual Stormwater Management Plan . VALLCO TOWN CEN TER SPECI FIC PLAN j 6-1 ~ '.Z ~ ~ ~ > ~ ~ < t:'!".1 ~ t:'!".1 > \JJ. ('j ~ ~ 0 co t:'!".1 \JJ. §a ~ ~ ~ ~ t:'!".1 ~ ~ ~ ::0 t:'!".1 (j ~ r ~ ~ 0 ~ = t:'!".1 < 0 ~ t:'!".1 ::0 \JJ. 167 (") I ,... .&;.. 0 6 I INFRASTRUCTURE & PUBL I C FACILITIES Figure 6 -1: Conceptual Stormwater Management Plan / I // I I ~ 'Y p ~ I I I I ~·-·-·-·-·-·-·-·-·-r -·-·-·-·-·-·~·~ I ;; • • • • • • • • • • ;::::]:i~t ee fl • • • • • • • • • • • • • • * . ,. . / I ~I 12 I . 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I '~[:] ; u""" =1 ,·~ l!l no~ Sqoorn • : : "5 Y:!l 1 0 • East • 9 ~I ~ • • s. . . ~, •••••••••~•1 Efu ~~·••••••••••••••~. ~I 8 IT! , f ·······~···············~~~······· Lege nd c:::J Rain Wate r Cistern Rain Wate r Co ll ect ion at Town Square -Exist ing Publi c Storm D ra in to Remain • • • • Rain Wa ter Coll ection at Grode • • • • Municipa l Recycled Wa ter fo r Irriga tion N o te : Figure is not l o scal e NEB .._, • • • • • • • • • • • • • • • • •"' • • • • • • • ~ WWolte"-Ro'Ua · -· -· -· -· -· -· -· .., --. . . •••••• ..Jiii""" '-·- I I I I I I I I I -. ---. r---~!.·············~·r···············-.-.•..•................... --. ..... .. / 1 / !~i i 6 u I 5 u I ' llDLI / !ill ~•••••••••••••~••••• "B'SlfM • • • • • • • • • • • • • • • • • ~ • • • • • • • • • • • , .. • • • ~ -*I , ••• ~: ••. / :~ 3 ~· 3 • T~o Sqoorn i 2 i 2 : ·~I . . ·····' 14 ,ill I IT I I I " • oj L ........................ .Ji=. ~ Wo• !I /::[~1 ~I 1. ~ ,I / c C • -·-·-·~-·]"·-·-.,..·-·-·-~~· ~-~~~·~·~·~·--·-1i ·· · ·:· ·· ·i1 · · .. ·· ·· ·: ···· ·· · · r i · ·,··1i ,!i . '. • 1 • I . • • I • -• . ·········-l:::J.············••i•••••···· L . -. -. -. -. -. -. -. -. -. -• -. --~. -! ---.. -;-, __ -. -""" --. .J 6-2 I VALLCO TOW N CENTER SPECIFIC PLAN ~ '.Z ~ ~ ~ > ~ ~ < t:'!'j ~ t:'!'j > rJJ. Lj ~ ~ 0 ~ t:'!'j rJJ. Lj ~ ~ ~ ~ ~ t:'!'j ~ ~ ~ ~ t:'!'j (") ~ ~ ~ ~ 0 ~ = t:'!'j < 0 ~ t:'!'j ~ rJJ. 168 (j I ~ ~ ~ 6 .2 .2. Water Quality The Plan Area currently contains buildings, parking lots , and other impervious surfaces that make up over 90 percent the total area. Stormwater runoff discharges into drain inlets that convey the runoff into Calabazas Creek, and ultimately into San Francisco Bay. Storm water requirements mandate treating 1-00% of the storm water runoff with Lo w Impact Development (LID) measures. The se measures wi ll include rainwater harvesting, re-use, infiltration, biotreatment, and green roofs. The 30-acre Community Park and Nature Area wi ll contain absorbent landscape surfaces w here rain water w ill be cleaned, and to the fullest extent possible, collected and reused within the Plan Area for irrigation. Rain that falls on the podium area and private roads w ill be diverted to one of the regional retention vau lts, treated and reused to offset the potable water demand, and to meet storm water quality requirements. Treatment wil l consist of media filtration to remove oi ls, sediments and other pollutants to make the rainwater suitab le for use as irrigation . Areas that prove infeasible to be diverted w ill be treated prior to discharge consistent wit h State and local regulations. INFRASTRUCTURE & PUBLIC FACILITIES I 6 VALLCO TOWN CENTER SPECIFIC PLAN I 6 -3 ~ ~ ~ ""'3 > ""'3 ~ < trj ~ trj > rJ). e ~ ""'3 0 ec trj rJ). e ec ~ ~ ""'3 ""'3 trj 0 0 ~ ~ trj (j ""'3 r ~ ""'3 0 ""'3 = trj < 0 ""'3 trj ~ rJ). 169 ~ I """" .. N 6 I INFRASTRUCTUR E & PUBLIC FACILITI ES 6.3. Potable, Fi re & Recycled Water 6.3. l. Potab le Water California Water Service Company (Cal Water) is the municipal wa ter utilities provider for the Los Altos Suburban District (LASO), wh ich includes the Plan Area . Water supply for the LASO is a combination of groundwater (32 percent) from we lls located w ith their district, and treated water (68 percent) purchased from the Santa Clara Valley Wa ter District (SCVWD). Public water lines are owned and operated by California Water Service Company. There are currently public wa ter mains withi n public right-of- way under the existing Perimeter Road, Stevens Creek Boulevard, and Vallco Park way and supply domestic wate r, fire wa ter, and irrigation. As part of Plan implementation , water wi ll be connected north o f the tunnel under Wo lfe Road and wil l turn east and wes t. The east connection wi ll provide domestic, fire and irrigation make up water for the eastern side of the Plan Area and Block 13. The wes t connection wi ll ultimately connect back to the Cal Water system that is located in an easement on an adjacent property to the north of the Plan Area arid w ill provide domestic, fire, and irrigation to the wes t side of the Plan Area. 6 .3 .2 . Fire Water Lines Cupertino and California Wate r Service Company have a combined fire and domestic water system. A ll building fire water, including public hydrants along North Wo lfe Road, Vallco Park way and Stevens Creek Boulevard, and private hydrants on Perimeter and internal roads, wil l be served from the private domestic wa ter system and wi ll be designed to meet or exceed fire code requirements . 6 .3 .3 . Recycled Water There is presently no existing recycled water system servi ng the Plan Area. In a partnership wit h the California Department of Transportation , Santa Clara Val ley Water District, the City of Sunnyvale, the California Water Service Company, and the City of Cupertino, the To wn Center applicant wi ll provide recycled wate r from the City of Sunnyvale's Donald M. 6-4 I VALLCO TOWN CENTER SPECIFIC PLAN Somers Water Pollution Control Plant (WPCP), located north of the Plan Area, provided other iurisdictions approve. In 2013 the City o f Sunnyvale, Santa Clara Valley Water District (SCVWD), California Water Company (Cal Wa ter), and others entered into a partnership to extend recycled water service in the City of Sunnyvale south to a nearby tech campus. Service to the Plan Area wi ll include extension of this recycled wate r line across 1-280 to the intersection of North Wo lfe Road I Stevens Creek Boulevard, once the system is available. The Plan Area w ill be plumbed to accept recycled water and accommodate the planned public recycled water system. Santa Clara Valley Water District wo uld be the w holesaler for recycled water. In the event the aforementioned agencies are unable to provide recycled water, the Town Center applicant shall pursue alternative sources to sa tisfy this Specific Plan 's rec ycled wa ter requirement. Rainfall from the entire site w ill be collected, treated and reused for on- site irrigation to reduce dependency on domestic water . Fig u re 6 -2: Co nceptua l D o me stic Water Servic e Plan , identi f ies the domestic w ater system for the Plan Area. io-i 'Z io-i ~ io-i > ~ io-i < M ~ M > 00 d ~ M ~ 0 co M 00 d co ~ io-i ~ ~ M ~ ~ io-i ~ ~ ~ ~ >-< ~ 0 ~ = M < 0 ~ M ~ 00 170 n I ,..... +;;... w INFRAS T RUC T URE & PUBLIC FACILI T IES I 6 Figure 6 -2: Conceptual Domestic Water Service Plan ~ <\i j'. .:z:. -·-·-·-·-·--·-·-·-r -·-·-·-·-·-· ~··•••••••••••i~E~•••••••• ,/.~~I '2 ' I I ==:=! I· •ii D Street 1 1 . l!J 8 Towo Sqooco l j'i l 0 East 9 o I u ~ = I •••~••••••••••@~~~··•' ~ / 1 i I' · I I ' , I • Le gend - •••• ~- 0 •••• Ex i sting Water Serv ice lo Remain Proposed Public Water Serv ice Proposed Fire Service Backllow Preventers Municipa l Recycled Water fo r Irrigat ion N o te: Figure is no t lo sc a le NEB I .-. • • • •_• • _• • • • • • .! • .. • • ~· • • • • • • _• • • • • ......._ • N . Wolfe Road J · · · · · · 1 , ,I I ~·· •• • / 1 , , ,'./fr ---u 6 I J 5 ~ I I • · l ~D / ___ / 14 $ ........... ·"-;;'f .. _,, __ .. · 1 ~ .......... ·-· ~-.... : . ' ... 5tJ // L ________________________ _j' 3 ~ 3 l Tow ~~;,""" ' ~ -2 _______________ roA....iS.treef 1. ---.:---------' ' -I r·-·~·~·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·, '-·-·-·-·-·--·.J l l l ii -e / §? Q) :; 0 ca _,, Q) e u V> c Q) > I ~ V) L.-·-·-·-·-·-·-·-·-·-·-·-·~·-1~--·-·--·~--· VALLCO TOWN CENT ER SPECIFIC PLAN i 6-5 io-'i z io-'i ~ > ~ io-'i < M ~ M > 00 e ~ ~ 0 co M 00 e co ~ io-'i ~ ~ M ~ ~ io-'i ~ M n ~ r ~ ~ 0 ~ = M < 0 ~ M ~ 00 171 (j I io-l """ """ 6 I INFRAS T RUCTURE & PUBLIC FACILITIES 6.4. Water Supply & Demand California Wate r Service Company (Cal Water) is the municipal wa ter utilities provider for the Los Al tos Suburban (LAS) District o f the City Cupertino w here the Plan A rea is located . Water supply for the LAS District is a combination of groundwater from we lls in the District and treated water purchased from the Santa Clara Valley Water District (SCVWD). Approximatel y 32 percent of supply comes from groundwater production and 68 percent from SCVWD. In a given year, the amount of groundwater production versus purchased treated wa ter varies depending on the supply available from SCVWD. SCVWD imports surface wa ter to its service area from the South Bay Aqueduct of the State Wa ter Proiect (SWP), the San Felipe Di v ision of the federal Central Valley Proiect (CVP) and the San Francisco Public Utilities Commission's (SFPUC) Regional Water System. However, Cal Water only receives SCVWD wa ter from the SWP and CVP sources. Cal Water has a contract wi th SCVWD until 2035 to purchase treated surface wa ter and convey it to the LAS District . The SCVWD "contract" water is delivered through four connections with in its transmission system . These connections are called the Val/co, Granger, Farnd on, and Covington turnouts. Each of these turnouts is equipped wi th pressure and flow control devices that provide a hydraulic transition between their respective deli very main and the LAS District distribution system. The LAS District owns and operates a wate r system that includes 295 miles of pipeline, 65 booster pumps, and 46 storage tanks. Cal Water proactively maintains and upgrades its facilities to ensure a reliable, high-quality water supply. As shown in Table 6-2: Val/co Town Center Specific Plan W ater Use , the total water demand for the Plan A rea is 439 AFY and the net increa se from the existing demand is 155 AFY. 6 -6 I VALLCO TOWN CENTER SPECIFIC PLAN Ta ble 6 -2: Projected Val/co Town Center Specific Plan Water Use Retail and Recreational Residential Office and Related Uses Civic Other Supportive Uses Hotel (Block 14) 1 Total Net Increase From Existing Demand (253,831 gpd/284 A FY) Projected Demand (gpd) 212,520 4 1,220 87 ,938 3,330 9,075 37,245 391,328 391,328 -253,831 = 137,497 1 Projected , no development is proposed at this time. Projected Demand (AFY) 238 46 99 4 10 42 439 439-284 = 155 As shown in Table 6 -3: Proiected Multiple Dry Year Period (4 years): Demand and Supply Comparison , LAS D istrict (Acre Feet), for the ne xt 25 years (2015 -2040), the LAS District w ill have adequate water supp lies to meet proiected demands of the Specific Plan and those of all existing customers and other anticipated future customers for normal, single dry year and multiple dry yea r conditions. It should be noted that as to the previously approved hotel development on Block 13, the wa ter demand was determined to be consistent w ith the anticipated buildout of the General Plan. It is also co nsistent wit h the allocation for new hotel rooms for the City of Cupertino and the South Va l/co area . Therefore , increa sed wate r use from development o f the hotel on Block 13 was anticipated by the environmental review documents for that proiect. Potential impacts related t o wa ter supply for the proposed hotel are considered less than significant. ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > \fJ. e ~ ~ 0 ~ M \fJ. e ~ ~ ~ ~ ~ M 0 0 ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \fJ. 172 INFRASTRUCTURE & PUBLIC FACILITIES I 6 Tab le 6-3: Pro jecte d Mul t ipl e D ry Year Period (4 years ): Demand an d Supp ly C o m pa ri son , LAS Dist ri ct (Acre Fee t) 2020 2025 2030 2035 2040 SCW/D Supply 10,850 11,200 11,550 11 ,900 12,250 Recycled Water Supply 175 175 175 175 175 Col Water Wells Supply 4 ,034 3,961 3 ,901 3,855 3,822 T otol Supply 15,059 15,336 15 ,626 l 5, 930 16,247 SCW/D Demond 8,680 8,960 9,240 9,520 9,800 Recycled Water Demond 175 175 175 175 175 Col Water Wells Demond 3,192 3, 158 3,086 3,049 3,023 T otol Demond 12 ,047 12 ,293 12,501 12,7 44 12 ,998 Surplus 3,012 3,043 3,125 3,186 3,249 (j I """"" .... UI VALLCO TOWN CENTER SPEC IFIC PLAN i 6-7 )oool 'Z )oool ~ )oool > ~ )oool < ~ 3: ~ > 00 c ~ ~ ~ 0 t:C ~ 00 c t:C 3: )oool ~ ~ ~ ~ ~ )oool ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 173 ~ I "'"" """' O'\ 6 I INFRASTRUCTURE & PUBLIC FACILITIES 6.5. Wastewater Treatment & Conveyance Primary trunk lines serving the Plan Area include 12-inch facilities in Homestead Road, 15-and 18-inch facilities along the north side of 1- 280 , 12-and 15-inch facilities on Wolfe Road , l 0-inch facilities on De Anza Boule vard , 18-inch facilities on Shetland Place , and 27 -inch facilities on Pruneridge A venue . Within the Plan Area , duel existing 15-inch sanitary se w er lines flo w north w ithin North Wolfe Road , combine just south of the tunnel under North W olfe Road, tra verse through a portion of the Plan Area and connect to a 15-inch system that flo ws under 1-280. Existing sanitary se w er lines are also present in Vallco Parkway and Ste vens Creek Boulevard . The majority of the existing buildings in the Plan Area discharge to the 15- inch main sewer flowing north on North Wolfe Road. This 15-inch line services a large portion of the City of Cupertino, and is at capacity (assuming half full flow) for dry w eather flow . The 15-inch se w er system connects to the recently installed 27-inch at Wolfe /Pruneridge that ultimately discharges to the San Jose /Santa Clara Water Pollution Control Plant , v ia the City of Santa Clara system . There is also a line located in the current Perimeter Road on the w estern edge of the Plan Area that collects se w age from the Portal residential community to the w est and flo ws to the North Wolfe Road se w er main. The proposed w astew ater plan w ill reroute the se w er main that flo ws through the northern portion of the Plan Area and extend it north under North Wolfe Road, just south of the tunnel. It w ill then turn w est betw een the tunnel and the underground garage . This main w ill be located in a ne w public utility easement and w ill connect to the existing sanitary se w er located in an easement in the northern portion of the Plan Area . This main discharges to the se w er main that crosses the 1-280 , w hich may need to be upgraded. Based on the projected se w er flows, upgrades to the existing lines in North W olfe Road w ill be required to accommodate the projected flo ws from implementation of the Specific Plan. The anticipated pipe size w ill include a 21-inch line and a parallel 18-inch line. 6-8 I VALLCO TOWN CENTER SPECIFIC PLAN The Specific Plan W aste w ater Plan is shown in Figure 6-3: Conceptual Wastewat er Plan . ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ ~ 0 ~ M rJJ. e ~ ~ ~ ~ ~ M ~ ~ ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 174 n I )om ,&;;... -....J INFRASTRUCTURE & PUBLIC FACILITIES I 6 Figure 6-3: Conceptual Wastewater Plan I ~ 'V i' ;z:. I I I I I I I I I I I ' r·-·-·--·-·-·-·-·--·-·-·-·-·-·-·~-, !J .... • • • • • • • • • • • • • aa St re"e!J • • • • • ii .• • I 1· I !:I : 1-1 : r / 1 i: 12 . -II o, • • _ _ _ _ -[)Sfreel ---__ ~ :!c:J 1 fo-Sqoora I pl ~ • 10 Ea st 9 ~ ~ I _!:!" •. o l >. I Legend -Existing San itary Se we r to Rem a in -U pgrad ed Municipal San itary Se wer • • • • New Municipal San it a ry Sewe r • • • • New Devel opment Sanitary Sewer Note: Figure is not to sca le Nffi L -·-·-·-·-·-·-·-·-·--·-·-·-·, •••••• ·-0 1i ,, -~ ',,/ • --! I 5= I I : I ~ , .. 1r I ' , I .,, . . . ~ ~I I .. ; ,/ _ ~ BS!reet i _ 1 1 ~13 ~j I ______ .. / 14 ;;a~~ 1 -.~-1 I Town Sq uare I 2 ~. 2 • -~~ J .----,, 3 3 West U I I --· I ; <n r •• 1 , I • ! · -· a5 j I : _______ J J a: • ---L ~K e.e 1 ·: r j ~-/ ._ __________________ ·-·----~•.!...11!.!..~·~~2!!"-..!.~.'!..·.'!..·.'!.."'.?..~:. j 11 .. ,~L r ·-·-·-,.-·-I· 1 1 I I ' ·.• • ] · L. -. -. -. -. i--. _J ! I I ~ L _____ _lL __________ __...:.........___ I . I . I i. " L--·-·-·-·-·-·-·-·-·-·-·---·-·~--:--~~~ ~ VALLCO TOWN CENTER SPECIFIC PLAN I 6-9 lo-( z lo-( ~ > ~ lo-( < M ~ M > rJJ e ~ ~ 0 co M rJJ e co ~ lo-( ~ ~ M ~ ~ lo-( ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 175 (j I ""'" "'"' 00 6 I INFRASTRUCTURE & PUBLIC FACILITIES 6.6. Dry Uti lities 6.6. l. Central Plant A central plant w ill be constructed w ithin the Plan Area providing centralized condenser w ater loop for most of the buildings . Each block w ill also contain mechanical support spaces in the spaces between the buildings and the elevated community park above. The mechanical equipment w ill be screened from public view s by the roof structure. 6 .6.2. Gas and Electric Lines Public gas and electric facilities are ow ned and operated by Pacific Gas and Electric . Existing gas and high voltage electric lines are located in North Wolfe Road , running from north to south. There are no proposed changes to these existing high voltage lines. There is also a public joint trench along the South West section of the existing Perimeter Road that w ill be relocated. The Town Center w ill extend new public gas and electric support lines from North Wolfe Road in a joint trench within a new easement. Service lines for the buildings will be extended from these ne w public lines. 6.6.3. Communication Lines Existing public communication lines run underground on the east side of North Wolfe Road from north to south. There are no proposed changes to these Ii nes. 6.7. Solid Waste & Recycl i ng Recology South Bay is the exclusi ve franchise company that currently prov ides curbside recycling , garbage, and yard waste services to the City of Cupertino. It w ould continue to provide solid waste and recycling service to the Plan Area, subject to change by the city of Cupertino per state and local requirements and/or agreements . The Plan Area may le verage solid waste technologies such as pneumatic collection, and advanced treatment such as anaerobic digestion to help reduce the amount of solid w aste being exported from the Plan Area. 6-l 0 I VALLCO TOWN CENTER SPECIFIC PLAN ;..! ~ ;..! ~ ;..! > ~ ;..! < ~ ~ ~ > rJJ. e ~ ~ ~ 0 cc ~ rJJ. e cc ~ ;..! ~ ~ ~ 0 0 ;..! ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 176 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS u -..... m ::::> a. LLI :c .... ~ C> z -a. <C u U) :e c ..... z <C <I: LLI ..... a:: C-149 177 (j I ~ U'I 0 7.1. Introduction The "public realm" includes all exterior places , linkages and built form that are physically or v isually accessible to the public, regardless of o w nership. These elements can include streetscapes , pedestrian w ays, bridges , plazas, and parks. The public realm for the Plan A rea is organized according to the follow ing categories : • • • Community Park and Nature Area -Publicly accessible open spaces w ithin the community for recreational use. The To w n Center's 30-acre green roof is the primary defining landscape element and regionally-serving recreation amenity . Town Squares -Open areas visible to the public or for public gathering or assembly. The To w n Center includes tw o To w n Squares are the defining street-level public realms. Streetscape -The visual elements of a street including the road , side walk, street furniture , trees and open spaces that combine to form the street 's character. LANDSCAPING & THE PUBLIC REALM I 7 The landscape design for the To w n Center is based on the historical natural and cultural landscape of the Santa Clara Valley (see Figure 7 - 1 a: Historic Natural Santa Clara Valley Landscape and Figure 7 -1 b: Cultural Natural Santa C la ra Valley Landscape ), w hich w ill prov ide a range of natural ecosystems in a built en vironment and be resilient to challenging climate conditions such as extended periods of drought and increasing global temperatures. The City's General Plan park standard is three acres of park per 1 ,000 population . Based on the City's average household size (2 .87 persons per householdL the To w n Center w ould generate the need for 6. 79 acres of parkland . As proposed , the To w n Center w ill prov ide o ver 33 acres of parkland , comprised of a 30-acre Green Roof Community Park and three acres of tw o street le vel To w n Squares. VALLCO TOWN CEN TE R SPECI FIC PLAN J 7-1 ~ :z ~ ~ > ~ ~ < M ~ M > \fl e ~ M ~ 0 cc M \fl e cc ~ ~ ~ ~ M 0 0 ~ ~ M (j ~ r ~ ~ 0 ~ = M < 0 ~ M ~ \fl 178 ~ _J <( w "" u - _J co => CL w I f- o6 (_') z - CL <( u Vl 0 z <( " INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Q) Q_ 0 u V) CJ c 0 ......1 >-~ 0 > 0 ..... 0 u 0 +-c 0 V) 0 ..... :::> +- 0 z u ·.::: .2 V) I 0 ' " Q) ..... :::> o:> u::: C -151 0 z <( __, (./) (./) <( 0.::: <..'.) 0 z s 0 0 0 ~ ~ <( 0 <( z z :;; <( (./) ~ <( 0 __, <( 0.::: 0.::: ~ <( I u z 5 CL u u::: u w CL (/) "" w f-z w u z 5 0 f- 0 s _J ~ c;i " 179 ~ -' <( ll.J ""' u ll.J I f- - CL <( u Vl 0 z <( -' INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS Q) 0.. 0 u "' -0 c 0 __J >-~ !J 0 ,__ 0 D E c 0 (/) 0 ,__ :::i 0 z 0 ,__ .2 :5 u C-152 V) 0 z 0 CL.. !::::; <{ V) 1--z UJ z~ <{CL.. coo Ck:: ---' ::> UJ > UJ 0 0 Ck:: <{ :r: u Ck:: 0 0 Ck:: ~ UJ z > :r: u z <{ Ck:: z ::5 CL u u:: 0 ll.J CL Vl ""' ll.J f-z ll.J u z 5 2 0 u -' ~ 180 n I ~ UI ~ 7 I LANDSCAPING & THE PUBLIC REALM 7.2. Tree Retention and Replanting Plan The Plan Area includes 894 existing trees, located primarily along North Wolfe Road, Stevens Creek Boulevard and the existing alignment of Perimeter Road . Predominant species include Shamel Ash (399 I 45 %), Coastal Red w ood (319 I 36%) and various types of pine (65 I 7%). Th e exi sting monoculture of plant species w as from an earlier era w hen the origina l Mal l w as constructed . These tree species are v ery heavy w ater users and ha ve been suffering for years during the continuing California drought conditions . The Shamel ash and coastal redwood specimens are rapidly declining . Many trees are in poor to ve ry poor health (202 I 23%). Seventeen ash and redwood trees ha ve died in recent yea rs. The tree population percentages of coast redwood and Shame l ash are far too high for a stab le urban forest situation, which wo uld typically include using a larger number of tree genera and species to guard against pest and disease outbreaks (and abiotic issues such as drought conditions) that cou ld potentially w ipe out a large percentage of the tree popu loti on. This notwithstanding, the Town Center applicant w ill retain a majority of the existing trees located on North Wo lfe Road , Stevens Creek Boulevard , and the landscaped buffer along the w estern perimeter of the Plan Area. The Town Center wi ll a lso be incorpora ting additional new tree s, many of w hich w ill be nati ve or drought tolerant species . 7-4 I VALLCO TOWN CENTER SPECIFIC PLAN ~ '.Z ~ '""3 ~ > '""3 ~ < t'rj ~ t'rj > rJJ. e ~ t'rj '""3 0 ~ t'rj rJJ. e ~ ~ lo-i '""3 '""3 t'rj ~ ~ ~ ~ n '""3 ~ ~ '""3 0 '""3 = t'rj < 0 '""3 t'rj ~ rJJ. 181 (j I ~ Ul ~ 7.3. Community Park and Nature Area The landscape design for the To wn Center wi ll be based on the native ecologies of Santa Clara Valley. This w ill provide a range of natural ecosystems wi thin a built environment and be resilient to chal lenging climate conditions such as extended periods o f drought and increasing global temperatures. The Town Center wi ll be a high performance landscape and model of green infra structure that creates a highly sustainable center for civic, social, and commun ity life and wil l serve as a model of transformative twenty-first century sustainable growth. The Community Park and Nature Area wi ll include a variety of programmatic uses ranging from active public spaces for community gathering, civ ic engagement, public performance, cultural festival and casual dining, to passive spaces for relaxation, to a nature area providing habitat for local flora and fauna. Community activities may inc lude a large play space and garden for chi ldren , indoor and outdoor community meeting spaces, amenities such as a cafe and w in e bar, and amphitheater and performance spaces . LANDSCAPING & THE PUBLIC REALM I 7 Nearly four miles of trail network will be integrated throughout the Community Park and Nature Area, and w ill include accessible and fitness oriented routes (see Figure 7 -2: Conceptual Tra i l Netwo rk ). A vas t majority of the Community Park and Nature Area wi ll be fully accessible by the public, however, there w ill be some limited access areas open on ly to residents and office workers . Trails wil l be constructed of flexible stabilized permeable materials, including decomposed granite and flexible paving. The trails will meander throughout the rooftop. VALLCO TOWN CENTER SPECIFIC PLAN I 7-5 ~ :z ~ ~ ~ > ~ ~ < M ~ M > rJJ. Cj ~ M ~ 0 co M rJJ. Cj co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 182 (") I """" Ul Ul / / ! i I 7 I LANDSCAPING & THE PUBLIC REALM Figure 7 -2: Conceptual Trail Network / ~ I I /; I I ; I I I I I I CV I I I , / I t\ .~/ /\ . I \. v I I , I I / I I I L - I I I I I I I \ } ) I r·- J 7-6 I VALLCO TOWN CENTER SPECIFIC PLAN r '-·'-"·-·-·- I --·---·~\• ., I [j I ----~ -; .;_· ;-· --, Legen d -Office and Residen t ial Tra ils -Community Po rk Trai ls Note: Fig u re is not fo sc a le NEB ., \ -, ~I 0 ~, :;. dl l ~i ~. u 1 ~i > Q) • .:n I I . I I I I L.---·-·-·-·-·-·-·--·~--·-f .,-.. __,._::~-·-·--!.. . .J I -\ 1 I ~ ~ ~ ~ > ~ ~ < M ~ M > 00 ('.'j ~ ~ 0 ec M 00 ('.'j ec ~ ~ ~ ~ M ~ ~ ~ ~ M (") ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 183 ('j I """"" Ut O'\ 7 .3.1 . Planting Zones The Community Park and Nature A rea is organized around se veral major zones w hich are sho w n in Figure 7 -3: Community Park and Nature Area , and are described below. Oak Grove The oak grove w ill be lo cated on the w estern edge of the Community Park and Nature Area and w ill provide at-grade public pedestrian access from Ste vens Creek Boulevard . At this location the roof meets the ground to create a con venient and accessible trail connection to the green roof from the ground le vel. The oak grove area w ill be planted w ith large canopy trees to create an iconic gatew ay space and to serve as v isual buffer to the adjacent pri vate residential neighborhood . This public landscape w ill be a serene retreat , prov iding a visual respite from the City and encouraging w alking amongst nati ve oaks and grasses. Community Act ivities The community acti v ities area w ill be located in the center of the Community Park and Nature A rea , and prov ide a concentration of acti ve programming including a large pla y space and gard e n for children , indoor and outdoor community meeting spaces , reta i l amenities including a cafe and w ine bar, an amphitheater and performance spaces. Vineyards and Orchards Adjacent to the community acti vities w ill be two areas that celebrate the region 's unique cultural and historic agricultural landscapes -the v ineyards and the orchards. Santa Clara Valley lies between the Santa Cruz Mountains and Diablo Range w hich shelter the area from the cold , damp San Francisco Bay climate creating the perfect Mediterranean en vironment for the orchards and v ineyards that emerged in the late nineteenth century . The vineyards and the orchards w ill reconnect residents to the seasonal cycles of agriculture, prov ide educational and seasonal family friendl y LANDSCAPING & THE PUBLIC REALM I 7 acti vities, and prov ide meaningful historic context for the role it pla yed in the earl y economic and social life of Santa Clara Valle y. The vineyards will be located in the northeastern portion of the roof and w ill include trails , as well as gathering and performance spaces . The orchards w ill include fruit trees and be located on the roof at the north w est corner of Ste vens Creek Boulevard and North Wolfe Road. The orchards, together w ith the vineyards , w ill provide the community w ith agricultural-related educational and seasonal acti vities. Nature Area A large area on the eastern roof w ill provide a significant number of ecos ystems se rv ices including improved biodiv ersity and habitat for migratory birds and pollinating insects , improved air quality, enhanced storm w ater management, a reduction in carbon emissions by reducing the urban heat island effect, and numerous opportunities for physical health benefits from exercise and interaction w ith nature. VALLCO TOWN CENTER SPECIFIC PLAN i 7-7 ~ z ~ ~ ~ > ~ ~ < M a= M > 00. e ~ M ~ 0 co M 00. e co a= ~ ~ ~ M c; c; ~ ~ M ('j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00. 184 ~ _J <( w "" u - _J CD :::J Cl.. w I f- o6 (.'.) z - Cl.. <( u V) 0 z <( _J " INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS 0 Q) '-<( Q) '-::> 0 z -0 c 0 ~ '- 0 a... ~ ·c: ::> E E 0 u ("') I "- Q) '-::> O> u::: EB z Op.> -'"\- C-157 0 ~ z 5 ;_w z :'.:5 Cl.. u u: [j w Cl.. V) "" w f-z w u z 5 0 f- 0 ~ _J ~ - <X? " 185 ~ I ..... Ul QO 7.4. Planting and Irrigation A variety of trees, shrubs and ground covers will be selected to thri ve with little or no irrigation. Small areas of planting with specific programmatic uses or historical references such as lawns and orchards, w ill be maintained using primarily non-potable water sources such as municipal recycled water or on-site greywater and storm w ater capture and reuse. Vegetation from the oak, meadow, and chaparral ecosystems are ideally suited to the light-weight and free draining soils of a green roof. The plant species that will make up the roof landscape are characterized by drought-tolerant trees , woody shrubs, and grass species such as Coast Live Oak, Valley Oak, California Black Oak, California Sycamore, California Buckeye, Western Redbud , Monterey Cypress , Torrey Pine, Ceanothus, Manzanita, Needlegrass, Creeping Wild Rye, and various nati ves , grasses, and sedges . These are plants that ha ve evol ved to thri ve in historically dry summers follow ed by occasional w inter rains Drought resistant trees and large shrubs w ill be irrigated with a drip system using a combination of potable and recycled w ater. Meadows w ill be spray irrigated during acti ve grow ing periods betw een November and March when normal rain are insufficient. Additionally , meadows w ill be irrigated occasionally during the summer months to create a defensi ve zone against w ildfire. LANDSCAPING & THE PUB L IC REALM I 7 VALLCO TOWN CENT ER SPECIFIC PLAN i 7-9 lo-( z lo-( ~ lo-( > ~ lo-( < t'rj ~ t'rj > \Fl Lj ~ ~ 0 ~ t'rj \Fl Lj ~ ~ lo-( ~ ~ t'rj ~ ~ lo-( ~ t'rj ~ ~ t""' ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ \Fl 186 (j I ,.... (./I \C 7 I LANDSCAPING & THE PUBLIC REALM 7.4.1 . Drainage and Soils The roof landscape w ill support up t o 48 i nches of engineered planting medium sufficient to sustain mature can o py and evergreen tree s, wo ody shrubs, and nati ve or adapti ve grasses and w ildflow ers . Less intensi ve plantings w ill be supported by shallow er depths of soils and lightw eight rigid fill. Topographic gradients and vegetation w ill support natural drainage patterns that create functional ecosystem se rv ices , including storm w ater f i ltration and con veyance to a roof drain system . Excess w ater w ill be utilized on site. The figure below shows the proposed minimum soil depths for landscape o ver the green roof structure for vari o us types o f plants . Where p o ssible, exca vated so il fro m demolition and constructi o n w ill be sal vaged , tested , and blended w ith o ther components to be used on site . -SOILMIX DRAINAGE LAYER GRADE 12" 24" 36" 48" 60" 72" PERENNIALS VERTICAL GROUNDCOVER & The foll owing soil characteristics w ill be co n si dered w hen developing the soil mi xes: • Good drainage • Water holding capacity w ithout getting saturated • Nutrient ho lding capacity • Non -degrading • Lightw eight, but w ill not blow a way • Structural stability to support plants Fi gure 7-4: Typ ica l Roof Pla nt i ng C ross Section illustrates the relationship of plantings , stormwater management, irrigation and substrate materials proposed for the green roof . SEDUM 6 "-8" DEEP TURF PLANTS VINES GRASSES SHRUBS UNDERSTORY TREES CANOPY TREES 48" DEEP 12 " DEEP 12" 18" 18"·24" 24" DEEP 36"' DEEP SOIL DEPTH REQUIRED WEIGHT OF PLANTS+ SOIL+ WATER 7-10 I VALLCO TOWN CENTER SP ECIFIC PLAN ~ z ~ ~ ~ > ~ ~ < ~ 3: ~ > rJl e ~ ~ ~ 0 co ~ rJl e co 3: ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJl 187 " ~ <( LJ..J Cl<'. u co :::J CL LJ..J I 1-- o6 (.') z CL <( u U) 0 z <( INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS c 0 '"5 Q) (/) Vl Vl 0 ,__ u 0) c '"E 0 0.. '+- 0 ~ 0 v ·a. ~ C-160 " z s CL u u:: u LJ..J CL U) Cl<'. LJ..J 1--z LJ..J u z 3: 0 1-- 0 s ---' ~ 188 n I lo-' 0-... lo-' 7 I LANDSCAPING & TH E PUBLIC REALM 7.4.2. Wind Protection The prevailing winds in the Cupertino area are out of the northwest. Planting along the wes tern side of the project w ill help to mitigate the impact of w inds on across the Community Park and Nature A rea and the project area. 7.4.3. Safety & Security Safety w ithin the Community Park and Nature Area wi ll be addressed by an integrative strategy of design, programming, maintenance and community involvement. Park s users wi ll be safely protected by various design strategies. For safety and security of the public, residential and employment uses, some areas of the roof or other areas may require limited public access such as roof perimeters, roof edges open to below and residential or office pavilion areas. 7.4.4 . Lighting Lighting w ithin Community Park and Nature Area w ill be limited as the green roof wi ll ha ve a dawn to dusk policy in regards to operational hours. Adequate amounts of path lighting wi ll be provided t o create a safe environment. Areas around kiosks and pavilions wi ll be lit to reasonable le vels for security. Pri vate areas and pavilions wi ll be lit adequately for potential nighttime events for private areas associated with o ffice and residentia l users. Detailed lighting design guidelines that apply to the entire Plan Area, including the Community Park and Nature Area, are described in Chapter 8 : To w n Center Design Guidelines . 7-12 I VALLCO TOWN CENTER SPECIFIC PLAN lo-( 2 lo-( ""'3 > ""'3 lo-( < M ~ M > 00. c ~ M ""'3 0 ~ M 00. c ~ ~ lo-( ""'3 ""'3 M 0 0 lo-( ~ M n ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ 00. 189 (j I ..... 0-, N 7.4.5. Town Squares At the street le ve l, the public pedestrian realm is focused around two distinct To w n Squares that w ill connect retail , dining , entertainment, residential, and commercial activities to the surrounding neighborhoods via Stevens Creek Bouleva rd , North Wo lfe Road , and Vallco Parkway. The streetscapes and squares w ill be planted wi th drought tolerant canopy trees and shrubs. The green spaces w ill include both active flexib le spaces and passive landscapes . Town Square West To w n Square West, located on the wes t side of North Wo lfe Road between Streets A and B, w ill be the focal point of the retail , entertainment, and residential district. At nearly two acres, To w n Square West w ill be designed w ith a paved plaza, la w n , landscaping , trees, and seating that w ill create a gathering space for all users. Outdoor programming could include concerts, cultural events, outdoor performances, outdoor markets and movies. It w ill be surrounded by pedestrian areas capable of hosting events and festi vals or serve as exterior dining or social space. Periodically, some of the streets around To wn Square West w ill be closed to host events and festi va ls. To wn Square West w ill utilize a variety of different lighting typologies to achieve a layered effect that wi ll create a rich environment in the evening and throughout the night hours. Site lighting wi ll include efficient and inn ovative fi xtures affixed to the architecture , vert ical poles, bollards, and integrated into site elements and pav ing . Lighting and programmatic requirements are closely related. Because event programming is envisioned for To wn Squares West, site lighting wi ll flexible , v ibrant and inspiring to accommodate a variety of different programmatic events. To w n Square West will include direct access to the Community Park and Nature Area, as we ll as an entry to the underground parking structure below via staircases. Town Square East On the east side of North Wolfe Road is Town Square East , whic h w ill serve as the central green and focal point of the surrounding Mixed-Use Office/Commercial District . At iust over one acre in size, Town Square LANDSCAPING & THE PUBLIC REALM I 7 East wi ll be a passive space that primarily serves as an exterior amenity for the office worke rs . Town Square East is envisioned to be paved by a complementary palette of unit pavers, cobbles, sto ne fines, and cast concrete. Site furnishings such as benches , moveable tables and chairs, bollards w ill be incorporated, consistent w ith the rest of the To wn Center. Town Square East w ill utilize a variety of different lighting typo logies to achieve a layered effect that w ill create a rich environment at night. Site lighting wi ll include efficient and innova ti ve fi xtu res affixed to the architecture, ve rtical poles, bollards, and integrated into site elements and paving is imagined. Lighting and programmatic requirements are closely related. Because of its limited programming, To w n Square East wi ll be safely lit but serene at night. 7.4 .6. Private Open Space Pri vate and public open space for residential units and office workers w ill be provided in the Community Park and Nature A rea as follows: • Private open space for the residential units w ill be provided on a portion of the Community Park and Nature Area, in lieu of balconies or private back yard . This private open space wi ll be accessible only to residents and their guests and may include a clubhouse, fitness area, and outdoor pool. • Separate private open space for the office uses w ill be provided in Pa vi lions 6 and 7. Uses may include a cafeteria and employee wel l facilities. VALLCO TOWN CENTER SPECIFIC PLAN I 7-13 )om! z )om! ~ )om! > ~ )om! < M ~ M > rJ'). e ~ ~ 0 eo M rJ'). e eo ~ )om! ~ ~ M ~ ~ )om! ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ'). 190 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS ~ -' <{ w "" z u ::s -a_ -' u co :::i u: a_ 0 w w a_ V) I "" f-w f- o6 z w ('.) u z z -3:: a_ 0 <{ f-u 0 V) ~ 0 z -' <{ ;;: -' ""'" I'-. I'-. C-163 191 (j I J-& O'I .. 7 .4.7 . Landscaping The plant palette for trees , shrubs , and ground covers landscaped areas in the public realm is based on the historical natural and cultural landscape of the Santa Clara Valley. This allows the To w n Center to prov ide a range of natural ecosystems to be resilient to challenging climate conditions such as extended periods of drought and increasing global temperatures. Inspired by the nati ve and adapti ve plant palette of the Santa Clara Valley , the planting design w ill show case drought tolerate trees, shrubs , and grasses . The plant palette has been selected to thri ve w ith little or no irrigation. Small areas of planting w ith specific programmatic uses or historical references such as la w ns and orchards w ill be maintained in part using non-potable w ater sources such as municipal rec ycled w ater or on-site greyw ater and st o rm w ater capture and reuse. Vegetation from the oak, meadow , and chaparral ecotones is ideally suited to the light-w eight and free draining soils of a landscape o ver structure . The plant species that will make up the roof landscape are characterized by drought-hardy trees , w oody shrubs and grass species such as Coast Li ve Oak, Valley Oak, California Black Oak, California Sycamore , California Buckeye , W estern Redbud , Monterey C ypress, and Torrey Pine , Ceanothus, Manzanita , Needlegrass, Creeping Wild Rye and various nati ve, grasses and sedges. These are plantings that thri ve on summer drought and occasional w inter rains . Drought resistant trees and large shrubs w ill be irrigated w ith a drip system using a combination of potable and recycled w ater, and meadow s w ill be spray irrigated during acti ve growth periods betw een November and March w hen normal rains are insufficient. A dditionally, meadow s w ill be occasionally irrigated during the summer months to create a defensi ve zone against w ildfire. LANDSCAPING & THE PUBLIC REALM I 7 VALLCO TOWN CENTER SPECIFIC PLAN I 7-15 ~ '.Z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJl e ~ ~ 0 ~ t'rj rJl e ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJl 192 (j I """'" 0\ Ul 7 I LANDSCAPING & THE PUBLIC REALM Streetscape Landscaping The Town Center wi ll preserve a majority of the healthy existing street trees at the edges of the Plan Area that serve as a buffer to the private residences to the west and to enhance the City's tree cover and associated ecosystem services. Interior streets wi ll be planted with canopy trees at 30 feet on center and wil l be drip irrigated. Trees planted near roads and pedestrian areas may utilize Si lva Cell or other structura l soi l stab ili zing systems to prevent soil compaction near tree roots. Interior streets wi ll be planted w ith canopy trees at approximately 30 feet on center and wi ll be drip irrigated. Trees planted near roads and pedestrian areas may utilize continuous trenches to provide the ideal soil volume to support healthy trees and structural so il stabilizing systems to prevent so il compaction near tree roots. On the ground level, paving materials wi ll be used to differentiate programmatic areas such as entrances, building entry and town square plazas. Complimentary materials with different colors or textures wi ll be used along the road and sidewalk areas adjacent to the town squares provide a consistent identity and assist in traffic calming measures. The character of the streetscapes w ill vary based on the adjacent uses, with four primary conditions, as described below. Open Space Edge The open space edge w ill be planted with tall canopy tree s with dense foliage. Residential Streefscape The residential streetscape edge w ill be planted with canopy trees and dense ornamental trees that wi ll provide privacy to the upper le vels but wi ll provide clear line of site at the street level. Commercial Streefscape The streetscape wi ll be planted with tall canopy tre es to a llow clear v iews to storefronts . 7-16 ! VALLCO TOWN CENTER SPECIFIC PLAN Edge Streefscapes The design of the Town Center w ill preserve the healthy existing tree s at all edges of the Plan Area that serve as a buffer for the private residences to the wes t . Existing street trees include Shamel Ash, Monterey Pine, Holl y Oak, Canary Island Pine, Carrot Wood, Fern Pine, Tulip Tree , Fl owering Pear, California Pepper, Chinese Elm, and Sequoia. New trees wi ll build from this existing palette. Figure 7-5: Proposed Street frees shows a preliminary planting plan for tree s throughout the Plan Area. Figure 7 -6: Green Roof Landscaping Palette , shows the landscape palette for fall and win ter and spring and summer. lo-I z lo-I ~ lo-I > ~ lo-I < ~ ~ ~ > rJJ. ('j ~ ~ ~ 0 ~ ~ rJJ. ('j ~ ~ lo-I ~ ~ ~ 0 0 lo-I ~ ~ (j ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 193 (j I io-0 0-, 0-, Figure 7-5: Proposed Street Trees CORK OAK CATHEDRAL LIVE OAK Quercus suber 11 Quercus virginiana 'Cathedral' BOSQUE ELM I J PERSIAN PARROTIA Ulmus parvifolia 'Bosque' Parrotia persica FOREST GREEN OAK Quercus frainetta 'Forest Green' LANDSCAPING & THE PUBLIC REALM I 7 LONDON PLANE TREE DEODAR CEDAR Platanus x acerifolia 'Columbia' • Cedrus deodara Platanus x acerifolia 'Roberts' MARINA MADRONE Arbutus marina FOREST GREEN OAK Quercus frainetto 'Forest Green' CHITALPA x Chitalpa tashkentensis SWAN HILL OLIVE Olea europaea 'Swan Hill CREPE MYRnE Lagerstroemia indica VALLCO TOWN CENTER SPECIFIC PLAN I 7-17 """"" z """"" ~ """"" > ~ """"" < M ~ M > rJJ. c ~ M ~ 0 co M rJJ. c co ~ """"" ~ ~ M ~ ~ """"" ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 194 () I ..... O'I -....l 7 I LANDSCAPING & THE PUBLIC REALM Figure 7 -6a: Green Roof Landscaping Pa lette -Fa ll a nd Winter FALL WINTER BlINHEIM APRICOT Prvnus armeniaca WOOUYCURlS Trichostema lanatum APPLES TtXAS RED OAK Malus ssp. (l«t, lkxk Quercus buckleyi ~Mom.\DelOriovt,Siefro - QUERCUS CAUPRINOS Pale.stine Oak lIMONADEBEllRY COFFUBERRY Rhus inte grifolio Rhamnus colifomica COTTONWOOD Populus fremontii ASHY SILK TASSEL Gorryo flavaens l'UUU NUDU GUSS MAOtA IDAHO RSCUI DWAlf lltOOIAIA Sfl po puk:hnt Mod't0 .a.g.on.s· f utuco ldo~ l ""'-o ,_..a1ris llUIWKDm Dyrnt.isgktuan Wl'tNU ~spp. ...... 7-18 I VALLCO TOWN CENTER SPECIFIC PLAN TRIDENT MAPlI Acer buergerianum MANZANITA Arctostaphylos spp. NORTHERN CALI FORNIA WALNUT Juglans hindsii CEANOTHUS Ceanothus spp. BUCKWHEAT Eriogonum spp. Uthtchotdo w llfornko ~ ~ ~ ~ ~ > ~ ~ < M ~ M > rJ'J. d ~ M ~ 0 co M rJ'J. d co ~ ~ ~ ~ M ~ ~ ~ ~ M () ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ'J. 195 (") I """"' 0-, QO Figure 7 -6b: Green Roof Landscaping Pa lette -Spring and Summer SPRING SUMMER APPLES LAPINS CHERRY Molus up. (Bert, Mollie's Prunus ovium 'Lapins ' Delirious, Sierra Beauty, etc.) ~ COFFElllRRY CALIFORNIA FUSCHIA LlMONADIBIRRY Rhamnus colifomk a Zouschnerio spp. Rhus integ rifolia P.n•..__.. Modia~ ~'PP· rtr'""• fktuc-v• ~· CALIFORNIA IUCKIYI Ae sc:ulus catifomk a BLACK SAGE Solvia me llife ro ra""4 ...._ .. bcNchoWo Cb tdo •PtJ. c.olifonik o WESTIRN REDllLID Cerds occidentalis LANDSCAPING & THE PUBLIC REALM I 7 APRICOT Prunus arme niaca VALLCO TOWN CENTER SP ECIFIC PLAN I 7-19 io-i '.Z io-i "'"3 io-i > "'"3 io-i < trj ~ trj > rJ1 c ~ "'"3 0 co trj rJ1 c co ~ io-i "'"3 "'"3 trj 0 0 io-i ~ (") "'"3 ~ ~ "'"3 0 "'"3 = trj < 0 "'"3 trj ~ rJ1 196 (j I io-o" O'\ \0 TOWN CENTER DESIGN GUIDELINES This chapter exp lains the Town Center design princ i p l-es and establishes a set of guide l ines for deve lopment w ithin the Plan Area . These guidelines address streetscape, site and building design, and signage and wayfinding . io-i z io-i ~ io-i > ~ io-i < t'i'j a: t'i'j > \JJ c ~ ~ 0 co t'i'j \JJ c co a: io-i ~ ~ t'i'j ~ ~ io-i ~ (j ~ r ~ ~ 0 ~ = t'i'j < 0 ~ t'i'j ~ \JJ 197 (j I )oooo& --..1 0 8.1. Introduction The following Town Center design guidelines augment the development standards described in Chapter 2: Land Use & Deve lopment Standards . They w ill be used to guide the development and construction process . The se guidelines seek to establish both qualitative and performative thresholds for the expected high-end architectural and urban design of the Plan Area. They do not intend to prescribe design or promote a particular fashion or style, rather they provide policy direction to future designers as to the degree of excellence, innova tion , and creative execution expected by the City of Cupertino for the design of the Plan Area. It is expected that innovative and unique design strategies wi ll be considered as part of master planning and architectural design. These guidelines recognize that a variety of design solutions are possible and that fle xib ility is necessary, so long as the outcome furthers the implementation of the high quality and innovative vision set forth in this Specific Plan. These guidelines, although policy for the Plan Area, are not a subs t itu te for the applicable codes, standards, and ordinance provisions associated w ith the permitting processes. Unless otherwise noted in this Specific Plan, all applicable requirements and regulations established by applicable local, state or federal statutes must be satisfied. When necessary, and as detailed more full in Chapter 9: Administration , Im plementation & Financing, any modification to these guidelines is expected to be an administrative process, undertaken by the property owner(s) in consultation w ith a range of stakeholders, including the City of Cupertino. T OWN C E NTER D ESIGN GUID EL IN ES I 8 This chapter is organized according to the following topics: • To wn Center Design Guiding Principles • Streetscape Guidelines • Site and Building Design Guidelines • Signage and Wayfin ding VALLCO TOWN CENT ER SP EC IFIC PLAN j 8 -1 ~ z ~ ""'3 ~ > ""'3 ~ < t'rj ~ t'rj > 00 e ~ ""'3 0 ~ t'rj 00 e ~ ~ ~ ""'3 ""'3 t'rj e;, e;, ~ ~ t'rj (j ""'3 ~ ~ ""'3 0 ""'3 = t'rj < 0 ""'3 t'rj ~ 00 198 () I ~ -...l ~ 8 I TOWN CENTER DESIGN GUIDELINES 8.2. Town Center Des i g n Guiding Principles These gu idelines seek to implement the fo ll owing design principles : A New Downtown with Traditional Street Grid • A traditional street network that reinforces and supports a v ibrant mi xed-use community that promotes pedestrian , bikeable , and tree-lined street en vironments . • Dynamic and di versely programmed street blocks that foster comfortable and safe w a l king distances . • Lo w design speeds for road w ays to allow for safe pedestrian and bicyclist crossings . • Streets w ith a variety of character, size , scale , and impact that supports the programmed characteristi cs of the streetscape. • A flexible street netw ork that fosters alternative tra vel modes to and from the Plan Area. • Streetscapes that provide for con venient closure during seasona l events , programm i ng for festi vals / holidays, and opportunities for pedestrian-only access. A Dynamic Public Realm • Complete ly walkab le, bikeab le, and dri vable streets a vailable to the public w ithin a dow ntow n and tree-line streetscape . • A v ibrant pedestrian retail loop that provides a European style out-door shopping experience mixed w ith high-performance retai l and high quality restaurant venues . • A strong mixture of residential and retail streets to ensure a vibrant To w n Center by act iv ation of the shopping during all h o urs of the day . • Integration of business areas w ith shopping and dining to ensure that the streets remain v ibrant during and after business w orking ho urs . 8-2 I VALLCO TOWN CENTER SPECIFIC PLAN • A horizontall y and vertical ly integrated, publicly-accessib le park space system that creates To w n Center spaces for public assembly. • In a City dominated by cars , the Plan A rea should prioritize the pedestrian experience . • W ell designed and w e ll programmed bui ldings along the streetscape that create a dynamic, acti vated and vibrant street edge . • Acti ve outdoor uses and acti v ities both at the street le vel and on the green roof . Innovative Building and Site Design • Innovati ve, creati ve, and high qua lity architecture that fosters a distinct and memorable mi xed -use To w n Center en vironment that creates a regiona l destination and a foca l point for the community, consistent w ith Goal LU-19 of the General Plan. • Sustainable building and site elements to create an en vironmentall y sen siti ve and technological ly advanced built en v ironment tha t creates a model for integrated and rene w ab le urban design . • Integrate infrastructure w ith 21 ''Century technological sy stem innov ations that anticipate the future requ i rements of parking , servi c es, loading , w aste , and other infrastructure components so that t hese utilities are optimized and hidden from public v ie w. • Creati ve site design infrastructure that fosters aggressi ve storm w ater reuse , infiltration, and runoff reductions , as w el l as rec ycled w ater, greyw ater integration , and other water reduction strategies to provide a balanced and ecologica lly sensiti v e en vironment . • Pro vide multiple modes of innovati ve connecti v ity to produce a thri ving sense of place w here pe o p le come as a destination to w ork, li ve, and recreate . ~ z ~ ~ ~ > ~ ~ < M ~ M > 00 e ~ M ~ 0 co M 00 e co ~ ~ ~ ~ M ~ ~ ~ ~ M () ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 199 () I loo-' -.....J N 8.3. Streetscape Guidelines The streetscape and pedestrian realm is the community public space w here people move and interact within the Plan Area. It is composed of the streetscape , To w n Squares , and the Community Park and Nature Area. (See Chapter 7: Landscape & the Public Realm ). These areas comprise the most v isible and unique areas w ithin the To w n Center en v ironment and are critical elements of the Plan Area. The streetscape is a critical space w ithin the public realm that supports the pedestrian access to the Plan Area , supports the retail focus of the shopping district, leads v isitors to all portions of the Plan Area , including the pedestrian park, and supports the mi xed-use integration of the Plan Area into a To w n Center. It provides a planted connection betw een residents and places of employment, and connecting people to retail establishments, restaurants , parks , plazas , trails and other public places . This streetscape requires the mi x of programs to ensure that the retail remains v ibrant and thri v ing . The To w n Squa res prov ide spaces for seasonal and ever-evol v ing programming opportunities for the citizens and w orkers of Cupertino . The To w n Squares can host a multitude of assembly programs , as well a s prov ide a general o pen-space for lei sure and recreati o n . The pedestrian park realm can provide innumerable en v ironmental benefits through general recreation , horticultural education , and as a place for ecological and natural habitats to form a sustainable and v ital Tow n Center. TOWN CEN TE R DESIGN GUIDELINES I 8 VALLCO TOWN CENTER SPECIFIC PLAN I 8-3 ~ 2 ~ ~ ~ > ~ ~ < M ~ M > rJJ e ~ M ~ 0 ~ M rJJ e ~ ~ ~ ~ ~ M 0 0 ~ ~ M () ~ r ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 200 (j I lo-' -....J ~ 8 I TOWN C ENTER DESIGN GUIDELINES 8.3. l . Streetscape Zones All streetscape types are made up of the following three zones: the building zone , the pedestrian zone, and the planting zone. This section describes the function and size of each zone and presents conceptual layouts for each. These should be read in conjunction with the Section 3.4 St reet Netwo rk and H ie ra rch y. The building zone is the area immediately adjacent to a building w here building entrances are located and w here activities such as outdoor dining and retail browsing occur. A w nings and architectural canopies may project above the building zone at building entrances and windows. In-ground planting and planted containers may also be located in the building zone but should be carefully situated as to not block pedestrian or visual access into doors and retail or commercial w indows. The pedestrian zone is reserved for pedestrian movement and should be clear of any obstructions. To minimize conflicts w ith street trees and plantings in the building zone and landscape zone , an underground utility zone dedicated for utilities such as telephone lines , electric lines , and fiber optic lines should be located below the sidew alk . Building serv ing utility infrastructure such as stormw ater vaults , electric transformers , mechanical rooms , or parking structures should be located below the side walk or screened from public view. The planting zone is the area adjacent to the street , in w hich street furniture , street lighting , signage, transit stops , restaurant seating , and other public realm amenities are located . Parallel parking ma y be located in the planting zone , typically in an alternating layout w ith these other uses. The planting zone includes areas for street trees and ornamental plantings . Tree root zones should be gi ven the priority in the landscape buffer subgrade . It is understood that in some cases , util ity lines w ill cross this tree root growth area , how ever, careful planning early in the design process should plan for utility placement to prevent conflicts w ith street tree placement and su rv ivability. The planting zone shares spa ce w ith the parallel parked cars a nd zones for o utdoor dining / seating . These components alternate w ithin the Plan A rea and provide a buffer be tw een the vehicular traffic and the 8-4 I VALLCO TOWN CENTER SPECI FIC PLAN pedestrians in the pedestrian zone and should be balanced so that there is a mix of all three and retain the tree-lined character of the streetscape . A ll of the Plan Area is planned to be built o ver structures in w hich parking and utility structures such as storm w ater, electrical vaults , and other utilities shall be located below grade . In compliance w ith various municipal agencies , these utility structures require access from the side w alk. A ll access points should ha ve accessible surface s that are attracti vely incorporated into the streetscape by insetting the streetscape pa v ing materials into the access doors to minimize their appearance . BUILDI NG ZO N E BU ILDIN G ZO NE ~ 'Z ~ ""'3 ~ > ""'3 ~ < M ~ M > 00 c :-0 M ""'3 0 co M 00 c co ~ ~ ""'3 ""'3 M 0 0 $3 M (j ""'3 r ~ ""'3 0 ""'3 = M < 0 ""'3 M :-0 00 201 ~ I ~ -.....) ~ 8.3 .2. Streetscape Design Guidelines The follow ing general design guidelines apply to all streetscape features. Additional guidelines specifically address details for seat w alls and raised planters , pa v ing, street crossing , streetscape furnishings , lighting , transit shelters , and public art. Genera l • Architectural features and building articulation shall be incorporated into the streetscape design . The design of the streetscape should respond to and complement variations in the architectural facades. • The incorporation of a w nings, canopies , and architectural elements o ver doorways and w indows can project into the building , side w alk, and planting zones. These elements prov ide protection from the w eather and assist in wa y-finding for pedestrians. • Balconies and other building features may pro ject into the building and pedestrian zone. • The streetscape design shall accommodate adequate soil volume in all tree planting spaces to foster healthy root growth for street trees. Innovati ve use of subgrade structural elements and suspended pa v ing is encouraged to provide sufficient soil volume w hile accommodating pedestrian traffic . • The planting spaces around trees can either be entirely planted , grated , or pav ed. The planting design strategy should be consistent w ithin the o verall design of the complex . • Pro v ide transitions betw een public spaces such as the To w n Squares and the streetscape . This could include extending pav ing patterns or placing benches, signage , or other seating elements in the streetscape. • Incorporate creati ve storm w ater remediation and other Lo w Impact Development (LID) techniques into the streetscape w here feasible . • Pro v ide regularly spaced, publicly accessible seating in the building zone or planting zone , w here pos sible. TOWN CENTER DESIGN GUIDELINES I 8 • Consider including public art installations in the building zone or planting zone . • Consider both sides of the road , including alignment and spacing of street trees and parking in all streetscape designs. VALLCO TOWN CENTER SPECIFIC PLAN I 8-5 ~ z ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > rJJ. e ~ t'!'j ~ 0 ~ t'!'j rJJ. e ~ ~ ~ ~ ~ t'!'j ~ ~ ~ ~ ~ ~ r ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ rJJ. 202 (j I ~ -....] u.. 8 I TOWN CENTER DESIGN GUIDELINES Seat Walls and Raised Planters • The design of seat w alls and raised planters shall use high- quality products , materials, and applications that complement adjacent architecture and enhance the pedestrian experience at the streetscape . • Locate and design seat w alls and raised planters w hich are integrated into the architectural design of the building fac;ade or park spaces . They should not be located in the side w alk or planting zones or impede pedestrian traffic in any w a y. Paving • Side w alk materials should minimize tripping hazards in the building , side walk or planting zones . • Consider use of accent pa ving to highlight important places such as building entrances , tree planting spaces , and pedestrian street crossings . • Consider the use of porous pa vers, pervious pa v ing techniques , or other v iable Lo w Impact Development (LID) techniques for stormw ater infiltration tools . • Construct utility access doors using accessibility compliant, slip resistant surfaces that are flush w ith adjacent pa v ing and attracti vely incorporated into the design of the pa vement. • Minimize the appearance of the service entrances in the side w alk by using the same pa ving at parking and service entrances that is used along the rest of the streetscape . • Install accessibility-compliant ramps and pa vement treatments as required. 8-6 I VALLCO TO WN CENTER SPECIFIC PLAN ~ '.Z ~ ~ ~ > ~ ~ < ~ a;: ~ > rJJ. (j ~ ~ 0 cc ~ rJJ. (j cc a;: ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 203 (] I '"""' -...] 0\ Street Crossings • All pedestrian street crossings shall be as safe and accessible as reasonably feasible . • In stall pedestrian visual and audible coun td ow n signa ls at all signalized crossings . • Pro vide adequate time or refuge areas for pedestrians of al l mobility levels to safe ly cross larg e intersections. • Install high visibility cross walks on all streets w ith more than one moving lane in each direction to make the crossw alks m o re vis ible to both pedestrians a nd motorists. • Pro v ide curb extensions or bump-outs into the parking areas , wherev er feasible . TOWN CENTER DESIGN GUIDELINES I 8 VALLCO TOWN CENTER SPECIFIC PLAN I 8-7 ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > 00. e ~ ~ 0 co M 00. e co ~ ~ ~ ~ M ~ ~ ~ ~ M (] ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00. 204 (.) I lo-" --...1 --...1 8 I TOWN CENTER DESIGN GUIDELINES Streetscape Furnishings Streetscape furnishings are an important element of the streetscape. Furnishings serve an aesthetic and practical purpose in determining the quality and character of a place. Follow ing are recommended guidelines for elements such as benches , litter and recycling receptacles , bicycle facilities , and transit shelters. These guidelines also address amenities associated w ith outdoor dining . Images sho w n are for illustrati ve purposes only and do not represent a preferred type of furnishing . • Do not locate furnishings in the pedestrian zone so they w ould impede movement. • Outdoor dining shall be permitted in either the building zone area or the planting zone. • Use removable outdoor dining furnishings that are coordinated in their design and are made of durable high-quality materials that can w ithstand constant use and exposure to the elements. Furnishing ma y including , but not limited to ; seating , tables , trash /recycle receptacles , service carts and fencing . • Umbrellas and outdoor heating dev ices are permitted. • Use high quality free-standing planters that w ill w ithstand harsh w eather and other site conditions . • Bic ycle parking should be subdued and carefully located to minimize v isual prominence and avoid conflicts w ith pedestrian flow. • Pro v ide innovati ve, efficient, and attracti ve designs for bike parking areas such as stacked racks or architectural bike stations. • Design solutions that minimize the footprint of furnishings , particularly bike racks , and integrate them w ithin the streetscape , w here appropriate . • Cluster ne wspaper vend i ng machines in consolidated racks to minimize the footprint and visual complexity of numerous structures . Consolidated new s racks should match other street furnishings in material and color. No plastic or other low quality 8-8 I VALLCO TOWN CENTER SPECIFIC PLAN materials are allow ed . Placement and number wi ll be regulated by these guidelines . ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ ~ 0 ce M rJJ. e ce ~ ~ ~ ~ M ~ ~ ~ ~ M (.) ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 205 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS co 0:-co Vl z w s z 0... - _J ~ w u_ 0 iJ -Ll.J :::l 0... (.'.) Vl "" w z I- (.'.) z Ll.J -u Vl Ll.J z 0 5 "" 0 I- Ll.J I-0 z u _J w _J u ;;: z 5 0 I- C-178 206 (j I Jo-< -....) \0 8 I TOWN CENTER DESIGN GUIDELINES Lighting Lighting in the Plan Area wi ll help to create a safe en vironment for both pedestrians and cars . Pole mounted lights in the streetscape w ill illuminate the ground plane and could serve as armatures for w ayfinding signage and seasona l or event specific banners that highlight local eve nts and places. Streetscape lighting w ill be augmented by building mounted and accent lighting for signage and by lighting in and around architectural projections. Lighting sources may also be from path way lighting and spillover from retail interior lighting. It is intended that the quality of light from all fi xtures w ill create a pleasant and safe en viro nment that encourages pedestrian acti vity at night. • Road w ay lighting along North Wo lfe Road , Stevens Creek Boulevard , and Vallco Parkw ay w ill comply w ith City of Cupertino Department of Public Works standards, and w ill be maintained by the City of Cupertino . Additiona l lighting may be prov ided along these road w ays to illuminate the pedestrian zone . • Lighting of pri vate roadways and bikeways w ill comp ly w ith rele vant standards published by the Illuminating Engineering Society (l.E .S.). • Use energy efficient technologies such as Light Emitting Diode (LED) fi xtures and lighting "setbacks " to reduce energy consumption , w here feasible. • Create visual interest by illuminating architectural features , such as overhangs and canopies . • Use building mounted fi xtures to highlight entrances , doorways , and porticos. • Integrate lighting design elements for all signage in the Master Signage Program (described below ). • Incorporate site lighting into hardscape elements such as steps, rai li ngs and in the pa v ing to illuminate the pedestrian realm . 8-10 I VALLCO TOWN CENTER SPECIFIC PLAN • Consider a seasonal lighting strategy for prominent pedestrian acti v ity zones such as the Mixed-Use Retail /Residential District and the Mixed-Use Entertainment District. • Avoid over lighting buildings that are intrusive to adjacent buildings, residence, and streetscapes. • All on-site and building-mounted lighting fixture design shou ld be architecturall y compatible w ith the building design and w ith the character of the o verall development. • Bollard mounted lighting and stair lighting are recommended for low-le vel illumination of walkw ays and land scaped areas. • Building facade up-lighting , roof "wash" lighting, and landscape up-lighting shou ld be operated on timers that turn off illumination at an appropriate time during evening hours , except lighting needed for special events , safety, or security reasons. ~ :z ~ ~ ~ > ~ ~ < M ~ M > rJJ ('j ~ M ~ 0 co M rJJ ('j co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 207 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS co --00 V> w z z s -Cl.. _, LJ..J ~ 0 LL -0 :::J w 0 Cl.. V> z a:'. w 0 I-z -LJ..J V> LJ..J u z 0 3: "" 0 LJ..J I- I-0 z LJ..J s u z ~ 3: 0 I- C -180 208 (] I """" QO """" 8 I TOWN CENTER DESIGN GUIDELINES Trans it Shelters There w ill be a multitude of transit modes including private shuttles, free community shuttles, public VTA buses , and mode-shift car options. The Plan Area anticipates at least two transit centers that shall serve the general public and the office workers. The Mobility Hub locations shall include interior spaces for retail , bike share, public facilities, and other services that shall support and encourage the shift of mobility from the car to other modes of transportation. The transit shelters shall be of a modern and forward-looking design and may include digital signage and shuttle tracking information systems. A ll transit shelters shall be coordinated with the Santa Clara Valley Transit Aut hority. • Design should be contemporary in character and incorporate the use of transparent materials to make them open and safe . • Consider incorporating innova ti ve technology to provide real- time ridership information . • Consider utilizing solar pow er and other sustainable elements. • Utilize materials that are consistent w ith adjacent st reet furnishings. • Place transit shelters to avo id conflicts w ith pedestrian mobility. • Shelters may be integrated into a building w here practical. • Transit shelters should be placed so that the y adhere to accessibility standards and provide w heelchair access. 8-12 I VALLCO TOWN CENTER SPECIFIC PLAN ~ 'Z ~ ~ > ~ ~ < M ~ M > rJJ Lj gg ~ 0 co M rJJ Lj co ~ ~ ~ ~ M ~ ~ ~ gg (] ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 209 (") I ~ 00 N Public Art Public art installations are a valuable and culturally relevant element in the landscape and are a dynamic opportunity for the Plan Area to create a unique and cultural icon for the South Bay. Art may be located in the To w n Squares, the Commun ity Park and Nature Area, in the streetscape, at building entrances , and other strategic locations throughout the pedestrian realm . Art pieces can reflect community and regional character and act as distinguishing landmarks. A prior Cupertino General Plan update added a requirement that new development over 50,000 square feet in size must include a minimum of 0 .25% of any project budget in the form of public art on the Plan Area, w ith a cap of $100,000. A City ordina nce formalized that requirement, and builder guidelines w ere created. The To w n Center wi ll incorporate public art in compliance w ith this requirement as defined in the Cupertino Municipal Code . Public art is anticipated to occur in severa l locations throughout the Plan Area and can include but not be limited to: • To w n Squares East and West • Along the Stevens Creek Boulevard, North Wo lfe Road, and I or Va llco Park w ay public street frontage • At locations in the Community Park and Nature Area • Along the streetscape Public art may take the form of sculpture , painting /murals , mosaics, or functional artwork . TOWN CENTER DESIGN GUIDELINES I 8 VALLCO TOWN CENTER SPECIFIC PLAN I 8-13 lo-( z lo-( ~ lo-( > ~ lo-( < M ~ M > 00. e ~ M ~ 0 eo M 00. e eo ~ lo-( ~ ~ M 0 0 lo-( ~ (") ~ t'-i ~ ~ 0 ~ = M < 0 ~ M ~ 00. 210 () I ~ QO ~ 8 I TOWN CENTER DESIGN GUIDELIN E S The follow ing design guidelines do not prescribe the style or t ype of artwork, but provide the expectation that art from high quality artists w ill be provi ded in a manner that complements the Plan A rea . • Include local, national and international artists ' wo rk of a ll scales. • Consider va rious and emerging forms of art including digital media , scu lpture , painting, murals , digital displays , performance art, and other forms of artistic expression. • Locate art in prominent places w ithin primary pedestrian corridors such as at major intersections, locations of community benefit uses and in retail areas . • Cons ider establishing places that w ill house temporary and rotating art in stallations or art w alks , such as in medians, the green roof, tow n squares, or community benefit areas . • Generall y, art should be in relati o n to the building or area it is adjacent to , in term s of scale and subject matter. • Public art may be interacti ve and in viting for a variety of age le vels. • Public art may be a hist orical d is pla y or loca l h isto rical interpreti ve works. 8-14 I VALLCO TOWN CENTER SPECIFIC PLAN lo-I '.Z lo-I ~ lo-I > ~ lo-I < t'rj ~ t'rj > 00 e ~ ~ 0 co t'rj 00 ~ ~ ~ ~ ~ t'rj 0 0 ~ ~ t'rj () ~ r ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ 00 211 ~ I ~ QO ~ 8.4. Site and Building Design Guidelines Site and building design are integral components in the creation of a successful Tow n Center. The pedestrian and public realm is framed by buildings and adiacent open spaces. It is the arrangement and character of the buildings, as wel l as the quality of the spaces in-between, that determine the quality of the urban form as a whole . These guidelines seek to establish both qualitative and performative threshold for the expected high-end architectural and urban design of the Plan Area . The y do not intend to prescribe design or promote a particular fashion or style, rather they provide policy guidance to future designers as to the degree of excellence, innova tion , and creative execution expected by the City of Cupertino for the design of the Plan A rea. The following section seeks to provide a set a high standard of quality and performance for the design of these spaces. Photographs, diagrams and design suggestions provide policy guidance on how to approach the complex design challenges that arise whe n transforming an existing degraded environment into a new, vibrant, mixed-use Town Center. This Speci fic Plan encourages a downtown urban form that achieves the following design goals: • A high-end development of retail shopping, lu xury rental apartments, Class-A office space for offices of the future, and a public realm that creates a vibrant To wn Center. • A streetscape that is fronted by active uses, suc h as retail, commercial, or residential, along wh ich frequent entrances are located to activate the public realm. • Variation and creative articulation of the building fac;:ade to create diversity and an interesting, v ibrant pedestrian experience. • Town Centers that are flexible in their configuration, provide for seasonal events and activities, and incorporate a design of elements that are able to be used in small, medium, and large scale spaces. • Incorporati on of parking in underground and /or internal structures wrapped by active and mixed uses. TOWN CENTER DESIGN GUIDELINES I 8 • Inclusion of high-quality, wel l-integrated public spaces. • Use of va ried and high quality building materials. • A commitment to innova tion and excellence in site design and architectural building design. VALLCO TOWN CENTER SPECIFIC PLAN I 8-15 ~ z ~ ~ ~ > ~ ~ < M ~ M > fJ). Lj ~ M ~ 0 eo M fJ). Lj eo ~ ~ ~ ~ M 0 0 ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ fJ). 212 (j I lo-" 00 Ul 8 I TOWN CENTER DESIGN GUIDELINES 8.4. l . Site Design Site design should balance the optimal locations for each use, spatial constraints, environmental conditions, adjacencies, and building regulations to create a cohesive, we ll-designed sense of place. Creation of a consistent street wal l and successful location of program elements such as iconic buildings, parking structures, park spaces, and commercial and residential uses, wi ll result in a functional and exciting bu i It environment. Design considerations shall include: • Pro vide a dynamic mixed-use street frontage that uses innovative architecture and high performance enclosures to articulate the downtown nature of the street grid. • Provide a mixture of scales and heights , appurtenances, projections, and architectural features to activate • Locate ground-floor commercial uses to face the street, wit h one or more public entrances directly from the public sidewalk. Storefronts should be at the same grade as the sidewalk and building zone. • Conceal service entrances, loading docks, and trash collection areas from view wi th in the building mass or by locating them underground. Some short-term retail loading may be located on the street. • Locate public spaces and parks w ith careful consideration of adjacent uses, solar orientation, and pedestrian connectivity. • Utilize the green roof for public and limited public uses that benefit the community, as wel l as the office employees and residents. • Building roof tops, including towers, podiums, and mechanical equipment, should be treated or screened appropriately. • Accommodate requirements for stormwater storage and discharge, and underground utility location s when locating buildings and landscaping. 8-16 I VALLCO TOWN CENTER SPECIFIC PLAN • Locate building and service entrances safely and appropriately. Limit the number and widt h of vehicular entrances, w hen possible, to reduce potential conflict points wi th pedestrian flow. Vehicular entries to parking structures should be located in a manner that minimizes conflicts between pedestrians and vehicles. • Entries and stairwells for parking structures should be located adjacent to streets or plaza access points. Parking structure entries should be designed to be visua lly open and safe. • Integrate telecommunications equipment and other building appurtenances into the building design, and screen them appropriately. • Transformers, back flow preventers and other incidental utility features that are to rema in uncovered should be scree ned with landscap ing and/or fencing where feasible. i'-i z i'-i '""3 > '""3 i'-i < t'f'j ~ t'f'j > rJ). e ~ '""3 0 cc t'f'j rJ). e cc ~ i'-i '""3 '""3 t'f'j ~ ~ i'-i ~ t'f'j (j '""3 ~ ~ '""3 0 '""3 = t'f'j < 0 '""3 t'f'j ~ rJ). 213 (] I ~ QO 0-, 8.4.2. Building Design The Architecture of the Plan Area is a unique opportunity to create a completely re-envisioned built environment that features world-class architecture, uses cutting edge design with inn ovative, creative, and sustainable structu res to provide for a 21 ''Century mixed-use development. The Plan Area should be a showcase of architectura l expression that provides a destination for this vibrant and mixed-use Town Center of Cupertino . Successful architectural design wi ll create exciting and inn ovati ve spaces th at draw-in users, offers a re-envisioned spatia l condition that offers the users spaces that are new, progressive, and forward looking. Design considerations sha ll include : • Create a clear luxury retail storefront experience along the retail loop. • Provide a residential articulation at the facades that emulate the townhouse effect of many residential neighborhoods. • Provide a mix of articulated facades and material treatments that evoke both a strong Plan Area design while providing the unique particulars that compose an eclectic landscape . • First floor heights should be tall enough to be flexible for a variety o f uses, including retail. • Street facing facades should include different architectural elements such as canopies, awnings, overhangs, projections, shading devices, recesses, signage, lighting , varying fac;ade element depths, material and surface variety and texture intended to provide interest to the pedestrian environment. • Highlight important building features such as entrances through unique fac;ade design elements. • Create an intere sting street edge by introducing a variety of fenestration patterns, entries, and portals . • Utilize a variety of high-quality materials to create architectural interest. TOWN CENTER DESIGN GUIDELINES I 8 • Use largely transparent facades at the lower levels and adjacent to the streetscape where ground floor retail, commercia l, or public-focused uses occur. • Buildings shou ld be designed to minimize energy use and provide a healthy, sustainable and energy efficient space. • Buildings should maintain a strong relationship to the street and the pedestrian realm, with primary entries oriented towards the street or th e Town Squares. • Buildings should be designed to create a sustainable and ecologically sel f -sufficient community that reduce energy usage and promote water efficiency . VALLCO TOWN CENTER SPECIFIC PLAN I 8-17 ~ '.Z ~ ~ ~ > ~ ~ < t,'!'j ~ t,'!'j > rJl e ~ ~ 0 ~ t,'!'j rJl e ~ ~ ~ ~ ~ t,'!'j 0 0 ~ ~ t,'!'j (] ~ ~ ~ ~ 0 ~ = t,'!'j < 0 ~ t,'!'j ~ rJl 214 ~ I "'"" QO '1 8 I TOWN CENTER DESIGN GUIDELINES 8.5. Signage and Wayfinding Signage is an important element that wi ll contribute to the character of the Plan Area. The two predominant signage types that w ill most contribute to place making are on-site signage (signs used to identify a place of business or the residential units); and wayfinding elements whic h are placed in the public realm and provide directional assistance or location information to pedestrians and motorists. The purpose o f these sign guidelines is to promote an overall sense o f place through sig nage that is architecturally integrated, creative, and visua lly in tere sting. The intent is to provide for a visually coordinated and attractive signage system that establishes an identity and promotes effective identification for the range o f uses wi thin the Plan Area. C hapter 19 . l 04 of the City of Cupertino Zoning Code provides guidance regarding the permitted types, size and location o f signs. A ll signs require permits w hich are reviewed and approved by the Director of Community Development. Depending on the size and illumination of the sign, building and/or electrical permits may also be required. W hen Chapter l 9. l 04 was developed, it did not envision the signage needs of a Town Center environment as described in the General Plan and further detailed in this Specific Plan. Therefore, as an implementing action of this Specific Plan, a Master Sign Program (MSP) w ill be developed for the Plan Area by the To wn Center applicant prior to final occupancy o f the buildings located in the Mixed-Use Entertainment/Office District. The MSP wil l address the specifics o f signage across the entire Plan Area. This wil l se t the standards and guidelines for all signage across th e Plan Area and establish the regulatory framework for signage approvals . It will identify specific designs and dimensions for the various signage types consistent with the guidelines described below. It is recognized that the base signage allowances pursuant to development of the Plan Area may deviate from that permitted in the Cuperti no Municipal Code. 8 -18 I VALLCO TOWN CENTER SPECIFIC PLAN The MSP w il l implement the following design obiectives: • To identify elements that convey a distinct and which enhance the collective architectural design . • To enhance the pedestrian experience through the design of wayfinding components (i .e ., directories, directional signage and destination identifiers). • To incorporate an environmental communication system, organized according to the guidelines described in this Specific Plan . • To ensure the efficient circulation of vehicle, bicycles, and pedestrian traffic within the Plan Area . • To c learly identify ve hicular entry points and to direct ve hicles to designated parking areas. • To establish tenant sign criteria that serve as the basis of the leaseholder submitta l process for the review and approval of tenant sign proposals. ~ '.Z ~ ""'3 ~ > ""'3 ~ < M ~ M > rJj e ~ M ""'3 0 cc M rJj e cc ~ ~ ""'3 ""'3 M ~ ~ ~ ~ M ~ ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ rJj 215 (j I ~ QO QO 8 .5 .1. Signage Guidelines All signage must be designed to complement the innova ti ve and dynamic architectural design of both the urban fabric and the Community Park and Nature Area above. It wi ll be graphically complementary to the architectural aesthetic as we ll as the overall branding and marketing of the Plan Area. It shall be we ll-organized, neat, w ell-maintained, concise and legible. Signage should use complementary characters, materials, finishes, and colors that are aesthetically integrated into the overall architecture. The following signage guidelines shall be followed: • Create a graphic palate and branding system to provide both continuity and flexi bility for the vary ing signage types to be used on the Plan Area. • Create a design guideline and master signage package for the entire Plan Area that outlines appropriate materials, fonts, characters, styles, and other guidelines for each user group, location , entity, and position relative to the vie wer. • Clearly state the business name or other information displayed on the sign. • Scale typeface, characters and graphics of storefront signage to pedestrians and/or motorists, as applicable. • The scale and materials used for signs should be appropriate to the intended purpose and context. • Signage must not present a vis ual obs truction to sight distances at intersections and ve hicular entrances. There w ill be three primary types of signs in the Plan Area; l) Free way- oriented signs, 2) Building identity signs, and 3) Pedestrian-oriented signed. Eac h are described below. A dditional sign types in the Plan A rea may include but are not limited to gateway signs, municipal street signage, street signs (i.e., parking, directional, loadi ng , and the like), building identity signs, building wayfinding, storefront signage, bike signage, pedestrian signage at grade, pedestrian trail signage in the park, emergency signage (non- TOWN CENTER DESIGN GUIDELINES I 8 regulatory), regulatory signage, art I decorative signage, parking entry I exit signage, interior signage, and others. VALLCO TOWN CENTER SPECIFIC PLAN / 8-l 9 lo-I z lo-I ~ > ~ lo-I < ~ ~ ~ > 00 ('.j ~ ~ ~ 0 ~ ~ 00 ('.j ~ ~ lo-I ~ ~ ~ ~ ~ lo-I ~ ~ (j ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 216 (j I "'"" QO \0 8 I TOWN CENTER DESIGN GUIDELINES Freeway-Oriented Signs The Valko Free way -oriented sig n (APN 316-20-092) is not identified in the City's General Plan . As an existing non-conforming sign, it has been designated a Landmark Sign in the Cupertino Municipal Code. If deemed acceptable by the City of Cupertino Director of Community Deve lopment, this existing Valko Sign could remain at its current location or may be : relocated to a more suitable location along the south side of 1-2 80 and adjacent to the Plan Area; repurposed or replaced w ith a ne w ly redesigned sign supported by a more suitable structural syste m ; and should be consistent wi th the overall market ing identity to be developed for the Plan Area. The new sign must be of similar dimension and proportions so that it is vis ible from 1-280. It is contemplated that the future signage at this location wo uld reflect the updated mixe d-use, contemporary themes and design vision described in this Specific Plan . If it cannot be move d , the Town Center applicant w ill work w ith Caltrans and the City of Cupertino to remove, prune, or thin of the stand of redwood trees surrounding the sign so that it is visible to motorists tra velling in both directions on 1-280 . The sign has telecommunications facilities on/in the structure. These existing and new installations shall be allowed and are opportunities for the community to have their w ireless needs served while keeping telecommunication facilities away from residential uses . 8-20 I VALLCO TOWN CENTER SPECIFIC PLAN ~ z ~ >--3 > >--3 ~ < M ~ M > rJJ. e gg >--3 0 co M rJJ. e co ~ ~ >--3 >--3 M ~ ~ ~ (j >--3 ~ ~ >--3 0 >--3 = M < 0 >--3 M ~ rJJ. 217 ~ I ~ \C 0 Bu i ld ing Identity Signs Building identity signs are generally auto-oriented and intended to be see n from a distance along facades that face the Interstate . As suc h, the y are usually located in the top half of the building , closer to the roofline, and are typically the largest signs . Signs should be sized for legibility, but also appropriate to the scale of larger buildings. They are intended to identify the name of a building or the name of a major tenant w ithin the building. Building identity signs recognize a corporate identity , a major tenant, or the name of the building. Signs can be comprised of te xt or logos . • Building identity signs shou ld be sized proportionally to the height of the building and the size of the building fac;ade . In general, building identity signs should not be taller than one story in height, although some variation for stand-alone logos may be considered . • Building identity signs should be located in the top half of a building , close to the roofline , and shou ld be limited to one per major building fac;ade . Addi t ional building identity signs may be considered near the building base w hen the size is more appropriate to the pedestrian scale and does not create visual clutter. • Building identity signs should be integrated into the building architecture, taking into consideration the pattern of fenestration and building materials. • Consider building identity signs that are projected and on ly visible at night. TOWN CENTER DESIGN GUIDELINES 8 VALLCO TOWN CENTER SPECIFIC PLAN I 8-21 ~ z ~ ~ > ~ ~ < ~ ~ ~ > \fJ. e ~ ~ ~ 0 ~ ~ \fJ. e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ \fJ. 218 (j I ....... \0 ....... 8 I TOWN CENTER DESIGN GUIDELINES Pedestrian -Oriented Signs Pedestrian-oriented signs include blade signs, awning signage, and sign bands w hich are generally located within the first two or three stories of a building. These signs are typically for retail, services or other businesses which are accessible to the public from street le ve l. They are not intended to identify individua l office tenants. Window signage may also be considered for businesses wi th storefronts. Additional signage may be considered in parking garages and other non-habitable portions of a building if it is we ll-integrated into the building architecture and does not create visual clutter. The Master Sign Program wi ll include the following signs in addition to other sign types: Sign Bands • A majority of pedestrian-oriented signs wil l be building-mounted signs for ground floor retail, services, and other commercial uses wh ich face the street. • Generally, building-mounted signs should be located within a "s ign band" located above the storefront and below the fac;ade above, to provide some continuity in placement. • W hen several businesses are located in one building, ind iv idual signs should share some similar design characteristics, including scale, alignment, and placement to avoid v isual clutter. Variation reflective of the nature of the individual businesses may be considered. • Signage for indi vidua l businesses should be limited to the w idth of the associated storefront on the building fac;ade. • Awni ng , or canopy signage, in lieu of building-mounted signage may be considered. Pedestrian Blade Signs • Pedestrian blade signs projecting from buildings should be mounted high enough above the sidewalk to avoid conflicts wi th pedestrian and street furnishings. 8-22 I VALLCO TOWN CENTER SPECIFIC PLAN • Pedestrian blade signs may project from the building fac;ade in scale proportional to the streetscape is does not create v isual cl utter. • Pedestrian blade signs should generally be limited to one per business. Vertical Building Signs • Vertica l building signs can be flush with, or project from, a building fac;ade, and should be mounted above the first floor. • Vertical buildings signs may project from the building fac;ade in scale proportional to the streetscape is does not create visua l cl utter. • Vertical building signs should generally be limited to one per business. Monument Signs • Monument signs, whic h are low and ground-mounted, may be located at gateway entrances to the Plan Area from adjacent public roadways. • Monument signs should not be located in the streetscape, but they may be located in the building zone or with in plazas or open spaces which form entry features to the building. • Monument signs may be integrated into seat wa lls or planter wal ls. Storefront (Window) Signs • Permanent or temporary w indow signs may be considered for a portion of the glazed area of the storefront. Signage should not unreasonably obstruct v ie ws from the street into storefront spaces. Building-mounted Cabinet Signs and Display vVt'ndows • Building-mounted cabinet signs and display windows may be considered in areas where functional storefronts are not possible or where blank wa lls exist. lo-I ':z lo-I ~ lo-I > ~ lo-I < M ~ M > 00 e ~ M ~ 0 co M 00 e co ~ lo-I ~ ~ M ~ ~ lo-I ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 219 (j I ...... \0 N • Building-mounted cabinet signs should not advertise specific products, but may display seasonal decorations, event information, and general branding. • Sta nd-alone cabinet signs are strongly discouraged w ithin the streetscape as they can disrupt pedestrian movement. • In general, building-mounted cabinet signs and display w indows should be sized proportionally to the scale of the storefront, and should be located w ithin the first floor of a building . Green Roof Signage • Green roof signs should be sensitive to and respond in an aesthetica ll y appropriate manner to the park setting in w hi ch it is located. Other Signs • Pro v ide clear, unobstructed address signs for public safety purposes. TOWN CENTER DESIGN GUIDELINES I 8 VALLCO TOWN CENTER SPECIFIC PLAN I 8-23 ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > \fl Lj ~ ~ 0 ~ M \fl Lj ~ ~ ~ ~ ~ M i:; i:; ~ (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \fl 220 (j I """" \0 ~ 8 I TOWN CENTER DESIGN GUIDELINES Portable Signs Portable signs include any material which is capable of being moved by one person w ithout machinery from one locat ion to another for the purpose of advertisement for busines s or other purposes. These include poster boards, sa ndw ich board and A-frame signs. Portable signs are generally considered a type of temp o rary sign. • Portable signs must not impede pedestrian movement w ithin internal pedestrian ways. • Portable signs w ill be strictly controlled by the Plan Area property owner. Programmable Electronic Signs Programmable electronic signs include any type of sign that displays te xt and images on an electronic screen. • Programmable electronic signs shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light. • Programmable electronic signs shall be displayed for a period of time less than: o Eight seconds on any sign located within four hundred feet of a freeway tra ve l lane or on any sign the illuminated face of w hich is v isible from a freeway travel lane; or o Four seconds on any other sign. Prohibited Signs The following signs are not permitted withi n the Plan Area: • Adve rtising statuary signs. • Audible signs except as associated wit h audible crosswalk signals. • Signs whic h resemble or conflict with traffic control devices. • Vehicle signs as defined in City Municipal Code. 8-24 I VALLCO TOWN CENTER SPECIFIC PLAN ~ z ~ ~ ~ > ~ ~ < M 3: M > 00 e ~ ~ 0 eo M 00 e eo 3: ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 221 ~ I ..... \Q ~ 8.5.2. Wayfinding Wayfinding is a term used to describe how pedestrians, b icyclists, and motorists nav igate throughout the Plan Area. It encompasses all of the ways in wh ich people orient t h emselves in physical space and navigat e from p lace to p lace. The i ntent of the fo llowing guidelines is to provide a consistent se t of identifiab le wayfinding signs to enab le users to navigate effectively throughout the Plan Area, particu larly when moving between, underground and above -ground parking areas, throughout the street level, and around the Community Park and Nature Area. The Master Sign Program wil l include a more detai led wayfi nding signage plan. The following eight principles are to be taken into consideration when preparing the w ayfinding signage p lan: l. 2. 3. 4. 5. 6. 7. 8. Crea te an identity at each location, d ifferent from al l others. Use landmarks t o provide orientation cues and memorable locations . Create well-structured paths. Create regions of differing v isual character. Don 't gi ve the user too many choices in na vigation . Use survey vie ws (g ive na vigators a vista or map). Pro v ide signs at decision points to help wayfinding decisions . Use sight lines to show what's ahead. TOWN CENTER DESIGN GUIDELINES I 8 VALLCO TOWN CENTER SPECIFIC PLAN I 8-25 ~ '.Z ~ ~ ~ > ~ ~ < ~ 3: ~ > rJJ. e ~ ~ 0 to ~ rJJ. e to 3: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ::c rJJ. 222 (j I loo-& \0 Ut 8 I TOWN CENTER DESIGN GUIDELINES Design guidelines for wayfinding signage include the following : • Signs should include appropriately scaled elements that assist both motorists and pedestrians. • Wayfinding signage should c learly convey information for both motorists and pedestrians without unnecessary clutter or detail. • Al l signage structural components should complement the color and finish of streetscape furnishings in Section 3.4. • Careful consideration should be paid to the placement of wayfinding signs in high-vo lume pedestrian areas. Signs should not obstruct pedestrian traffic in any w ay . Wayfinding signs should not be placed in the pedestrian zone . • Streetlight-mounted banners that advertise public events, seasonal attractions or other attractions are encouraged . • Conflicts with pedestrian flow should be minimized by consolidating different signs on one structure . • Wayfinding programs should coordinate with online and interacti ve websites to provide up-to-date information on travel , events and other relevant information. • Create wayfinding systems that can be utilized by a w ide va riety of users, including the visually and hearing impaired, and that comply with accessibility requirements. 8 -26 I VALLCO TO WN CENTER SPECIFIC PLAN ~ z ~ ~ ~ > ~ ~ < M ~ M > rJJ. d ~ ~ 0 cc M rJJ. d cc ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 223 ~ I ioo-1 \0 O"I ADMINISTRATION, IMPLEMENTATION & FINANCING This chapter discusses the development review procedures by the City of Cupertino applicable to the Specific Plan . A process for modifications and amendments to the Specific Plan is discussed, as well as financing for implementation of the Specific Plan . ~ z ~ ~ > ~ ~ < tpj ~ tpj > rJl c ~ tpj ~ 0 ~ tpj rJl c ~ ~ ~ ~ ~ tpj ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ = tpj < 0 ~ tpj ~ rJl 224 (j I ,... \0 -.....) 9.1. Adm i nistration This Specific Plan has been prepared in accordance with Ca liforn ia Government Code Section 65451, w hich sets forth the basic conten t o f specific plans. The primary administrator of this Specific Plan is the City of Cupertino's Director of Community Development. Development w ithin the Plan Area shall require two primary types of administrative determinations by the Director of Community Development: (i) Master Site Development Permit (MSDP); and (ii) Architectura l and Site Review (ASR), as described in below in Section 9 .4: M aster Site De velo pment Perm it and Architectura l and Site Re vie w . The purpose of this approach is to create an integrated, flexible framework for a linked review process for the development of the Mall property and any portion of Block 14 processed as part of the Town Center/Community Park. This property comprises the substantia l majority of the Plan Area . Development of Block 13, which ha s been approved by the City for a 148-room ho tel , wi ll remain subject to the City's standard laws and regulations governing development applications, except as specifically provided in this Spec ific Plan. The Director of Community Development may also approve a Cond itional Use Permit to increase residential units specified in the Housing Elem ent for the Vallco Shopping District Specia l Area. Additionally, the Director of Community Development shall review development applications within the Mall property and any portion of Bl ock 14 processed as part of the To wn Center/Community Park for substantial conformance wi th the Specific Plan, as provided below in Sectio n 9 .5. l : Substan t ia l Conformance . Any determinations or administrative interpretations by the Director of Community Development regarding MSDP or ASR approvals or a Conditional Use Permit to increase residential units within the Plan are sub ject to direct appeal to the City Council. Concurrent w ith the adoption of this Specific Plan, the Val /co Town Center Specific Plan Initiati ve amends the Mu nicipal Code to create a new Zoning district, called the Vallco Town Center Specific Plan District. ADMINISTRATION, IMPLEMENTATION & FINANCING I 9 The Vallco To wn Center Specific Plan con tains site development standards , architectural and design guidelines, public facility improvement plans, and environmental design features, whic h govern development of the Plan Area (except as to Block 13 and any portion of Block 14 not processed as part o f the Town Cen ter . Any issues not addressed in the Specific Plan shall be subject to the Cupertino Municipal Code unless a strict application of the Municipal Code wou ld frustrate the intent of the Specific Plan. To the extent any standard or other provision in the Municipal Code conflicts wi th the Specific Plan , the standard or other provision set forth herein shall control. 9. 1 . 1 . Enforcement The City shall enforce the provisions of this Specific Plan in the same manner that the City enforces the provisions of the General Plan and Municipal Code. It sha ll be unla wful for any person to initiate any development work (except demolition, excavation, on-site utilities, and rough grading work) within the Mall property or any portion of Block 14 processed as part of the To wn Center/Community Park w ithout first obtaining a MSDP and/or ASR approval from the Director of Community Development, as described below in Section 9.4: Master Sit e Deve lopment Permit and A rch itectural and Site Re v iew . W hene ver in this Specific Plan any act is prohibited or is made or declared to be unlawful, or the doing of any acts required, or the failure to do any act is determined to be unlawful, the City o f Cupertino retains its authority under the Municipal Code to enforce such v iol ation or offense. 9 .1.2 . Severability If any provision of this Specific Plan or the application thereof to any person or circumstance is held to be unconstitutional or otherwise in valid by any court of competent jurisdiction, the invalidity shall not affect the Specific Plan provisions, clauses or applications w hich can be implemented wit hou t the in va lid provision, clause or application, and t o this end the provisions and clau ses of this Specific Plan are declared to be severable as set forth in the Va llco To w n Center Specific Plan Initiati ve. VALLCO TOWN CENTER SPECIFIC PLAN I 9-1 ~ '.Z ~ ~ > ~ ~ < t'rj ~ t'rj > 00. e ~ ~ 0 co t'rj 00. e co ~ ~ ~ ~ t'rj 0 0 ~ ::0 t'rj (j ~ r ~ ~ 0 ~ = t'rj < 0 ~ t'rj ::0 00. 225 (j I lo-" \C QO 9 I ADMINISTRATION , IMPLEM EN TATION & FINANCING 9.2. Relat i onsh i p to Other Governi ng Documents 9 .2. l. Zoning Ordinance The development within the Plan Area shall be subject to the Cupertino Municipa l Code, Title 19, Zoning, as amended by the Vall co Town Center Spec ific Plan Initiative {excluding Block 13 and any portion of Block 14 not processed as part of the Town Center/Community Park), and such compliance sha ll be in accordance with thi s Chapter 9: Administra ti o n, Im pl ementation & Financing . Any issues not addressed in the Specific Plan sha ll be subject to the Cupertino Municipal Code unless a strict application of the Municipal Code would frustrate the intent of the Specific Plan. To the extent any standard or other provision in the Mun icipal Code conflicts with the Specific Plan, the standard or other provision set forth in this Specific Plan shall control. 9.2 .2 . Building Codes Deve lopment within the Pl an Area shall comply w ith all Federal, State, and Local Building codes and standards in force at the time of filing the applicable application(s). These shall include, but are not limited to, the Cal ifornia Code of Regulations and the Americans with Disabilities Act Accessibi lity Guide lines (ADAAG). 9.3. Entitlements 9 .3. l. Initial Entitlement Actions The Va llco Town Center Spec ifi c Plan Initiative proposes certain land use designations , regulations, standards, and community benefits related to the de velopment of the Plan Area as described below. The land use designations, regulations , standards, and community benefits entitle the owner{s) of the property governed by the Specific Plan the right to develop the property in accordance with the prov isions of this Specific Plan and the other related approv als , the implementation of w hich are integra l to the viability of this Specific Plan. The ini tial entitlement actions for the Plan Area include the followi ng voter approved components: General Plan Amendments . The Vallco To w n Center Specific Plan Initiative includes the follow ing amendments to the General Plan to : 9-2 I VALLCO TOWN CENTER SPECIFIC PLAN • Require that the Plan Area contain a mi xture of uses , including residential, office, retail , civic and education; • Require that the Town Center provide transportation and transit infrastructure , a publicly accessible green roof, and extend rec ycled water infra structure to the Plan Area; • Clarify existing policies to allow additional parcelization w ithin the Plan Area if there are protecti ve measures that prov ide incenti ves and guidelines for cooperation among owners, and, • Adopt a Land Use Map to re-designate the Plan Area from Commercial/Office /Residential to Va llco To w n Center Specific Plan . Specific Plan. The Vallco To w n Center Specific Plan is a regulatory document that establishes the zoning , land use designations, deve lopment regulations , administrati ve procedures, community benefits , financing mechanisms and design guidelines for the entire Plan A rea {excepting in certain respects the approv ed hotel entitlement on Block 13 or portion , if any , of Block 14 not processed as part of the To w n Center/Community Park). This Specific Plan w ill implement the City's General Plan. Subsequent entitlements , permits , and approva ls to implement this Specific Plan must be in substantial conformance wi th this Specific Plan . Municipal Code and Zoning Map Amendments . The Vallco To w n Center Speci fi c Plan Initiati v e includes amendments of the Municipal Code and Zoning Map to: (l) change the text to reflect the ne w zoning district of Vallco To w n Center Specific Plan; (2) clarify the conditional use permit approva l process w hen inc reasing residential units w ithin the Vallco To w n Center Specific Plan ; (3) exclude the Plan Area from the Code's broader specific plan planned zoning district designation ; and (4) amend the Zoning Map to show the Plan Area as zoned (Vallco To w n Center Spec ifi c Plan). 9.3 .2. Subsequent Entit lements Follo w ing initial voter approval, subsequent entitlement steps must occur to implement the Specific Plan , including MSDP and ASR approvals , as described below in Sect ion 9.4: Master Site Development Permit and Arch itectural and Site Re v iew . However, large lot Tentati ve or Final Maps ~ ~ ~ ~ ~ > ~ ~ < M ~ M > \Fl e ~ M ~ 0 cc M \Fl e cc ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \Fl 226 (j I ~ \0 \0 {including Vesting Maps), and Demolition, Exca vation, On-Site Utilities, and Rough Grading Permits, may be approved and granted upon adoption of this Specific Plan , without awaiting an MSDP or ASR approvals. Additional entitlement steps may include , among others, those listed below under Additional Approvals. In view of the Specific Plan's complex mix of public and private uses and unique pedestrian and ve hicular infrastructure connections {e.g., tunnels, bridges), additional subdivision parcelization is anticipated. However, parcelization withou t adequate protective measures to provide incentives and guidelines for owner cooperation is discouraged in order to preserve future redevelopment. Consistent w ith state law, a Development Agreement between a legal or equitable owner or applicant and the City of Cupertino may also be entered into , but is not a required entitlement. The City sha ll not issue any entitlement, permit, or approval (or amendment of same) in connection wi th the Mall property and any portion of Block l 4 processed as part of the Town Center/Community Park unless said entitlement, permit, or approval is in substantial conformance with all applicable aspects of this Specific Plan, as provided in Section 9 .5. l: Substantial Conformance , below. This Specific Plan provides a framework for development of the Mall property and Block 14, which comprise the substantial majority of the Plan Area, including an integrated subsequent approvals process. Except as provided in this Specific Plan, no new City of Cupertino discretionary permit, approval, or entitlement shall be required for the Mall property or Block 14 . However, if any portions of Block 14 are not included in the MSDP for the Town Center/Community Park , those portions shall be subject to the City's standard laws and regu lations governing development applications. The intent of this Specific Plan is to replace and supersede the need for any other new entitlements, permits, or approvals. However, additional ministerial permits or approvals may also be required to implement projects withi n the Plan Area, including encroachment permits for road improvements, and modifications of exis ting easements. ADMINISTRATION , IMPLEMENTATION & FINANCING I 9 The intent of this Specific Plan is to make a final policy determination regarding: the density and intensity of use; the types of uses permitted; the general location of uses; building massing, heights and setbacks; roof structure heights ; streetscape network and hierarchy; off-site transportation improve ments; on-and off-site infrastructure improvements; and administration, implementation, and financing (except as to the approved hotel use on Block 13). It also provides policy guidelines as it relates to landscaping and the public realm and the Town Center design guidelines. No subsequent approval shall revisit these issues or place additional conditions of approval or environmental design features that may serve to limit or inhibit this final policy determination withou t a prior amendment to this Specific Plan. The City's discretion shall be limited to determining substantial conformance with the Specific Plan, in accordance w ith the procedures se t forth in this Chapter. Pursuant to existing authority, subsequent environmental re v iew, if any, shall study project le ve l impacts and only those issues over w hich the City has discretion. Notwithstanding any provision of the Cupertino Municipal Code or other policy or regu lati on of the City or any department thereof, and to ensure that development w ithin the Plan Area is subject to express, objective standards that cannot be changed through any subsequen t local discretionary action or interpretation, the Specific Plan shall not be sub ject to any provision of the Municipal Code that seeks to regulate, frustrate or guide development within the Specific Plan , except as otherwise provided in this Specific Plan . Additional Approvals It is anticipated that the following subsequent approvals, among others, may be needed for implementation of this Specific Plan: • Demolition, Rough Grading/Grading, and Excavat ion Permits • On-and Off-Site Utilities Permits • Master Site Development Permit (MSDP) • Architectural and Site Review (ASR) • (Vesting) Tentati ve I Final Parce l, Condomin ium or Subdivision Maps VALLCO TOWN CENTER SPECIFIC PLAN i 9-3 ~ z ~ ~ > ~ ~ < M ~ M > rJJ. e ~ M ~ 0 ~ M rJJ. e ~ ~ ~ ~ ~ M ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 227 (j I N 0 0 9 I ADMINISTRATION , IMPLEMENTATION & FINANCING • Conditional Use Permit(s) • Development Agreement (not required, but may be pursued by a project applicant) • Building Permits • Tree Removal Permits • Encroachment Permit(s) • New and Modified Easements , Air Rights , and Other Related Agreements Notwithstanding the above, large lot Tentative or Final Maps (including Vesting Maps) may be approved, and Demolition , Excavation, On-Sit e Utilities, and Rough Grading Permits may be issued, once this Specific Plan is adopted, wit hout awaiting MSDP or ASR approvals. Additionally, Demolition, Excava tion , On-Site Utiliti es, and Rough Grading Permits may be issued prior to approval of new maps identifying parcel lines conforming to the ultimate development contemplated by the adopted Specific Plan. Development work for Block 14 shall not commence prior to the commencement o f development work on the Mall property . 9 .4. Master Si te Development Permit and Architectural and Site Review Both MSDP and ASR approval wi ll be required prior to the issuance o f permits for development work on the Mall property and any portion o f Block 14 processed as part of the Town Center/Community Park (excluding permits for demolition, excavation, on-site utilities, and rough grading w ork). ASR approvals may be processed concurrent or subsequent to the processing and issuance of an MSDP, and may be processed in phases. The MSDP is intended to establish a framework for the concurrent or subsequen t processing o f ASR approvals in advance of certain construction work on the Mall property and any portion of Block 14 processed as part of the To w n Center/Community Park. The MSDP will help to ensure that dev elopment in the Plan Area will promote the goals 9-4 I VALLCO TOWN CENTER SPECIFIC PLAN and objectives contained in the General Plan, and wil l substantially conform w ith the Specific Plan. The ASR approval process provides for an o rderl y process to review the architectural and site designs of buildings, structures, signs, lighting , and landscaping to promote the goals and ob jecti ves conta ined in the General Plan; to ensure substantial conformance with the Specific Plan; to maintain the character and integrity of neighborhoods by promoting high standards for development in harmony therewith; and by preventing the adverse effects associated with new construction by giving proper atten t ion to the design, shape, color, materials, landscaping and other qualitative elements related to the design of developments. Development in Block 13 and portions of Block 14 not covered by an MSDP are sub ject to the City's standard applicable la ws and procedures governing issuance of development permits, except as otherwise provided in this Specific Plan. 9.4 . l. Master Site Development Permit Process Application Materials The application for the MSDP is anticipated to cover the entirety of the Mall property, and may also cover all or a portion of Block 14 . Other development permits, including permits for any portions of Block 14 not covered by the MSDP, may cover one or more blocks or planning units (or parts thereof) within the Plan Area and may be submitted on a phased basis . Applications may be made by the ow ner of record , his or her agent, or lessee(s) of the property, and must be filed w ith the Director of Community Development . In addition to the then applicable application or processing fee, applications must include the follow ing materials, unless waived by the Director of Community Development based on the scope of the proposal: • A complete legal description of th e sub ject property and map showing the location of the property for wh ich the permit is sought; • A preliminary title report of the subject property; 1-i '.Z 1-i ~ 1-i > ~ 1-i < M a: M > rJJ. Cj ~ M ~ 0 ~ M rJJ. Cj ~ a: 1-i ~ ~ M ~ ~ 1-i ~ (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 228 el I N 0 ~ • The proposed conceptual site de velopment plan indicating a street-level plan and roof-level Community Park and Nature Area plan for : the location of all buildings and structures ; the location and types of land uses; pa ved areas, such as roadw ays, dri vew ays , alleys , access points , and walkw ays; and general landscaping scheme; • A topographical map of the Plan Area and the neighboring properties ; • A proposed traffic-circulation system ; and • A conceptual construction sequencing plan . The Director of Community Development may reasonably require additional information w hich is pertinent and essential to the application . Basis for Issuance of Master Site Deve lopment Permit The Director of Community Development shall issue a Master Site Development Permit if the findings listed below can be made: • The application promotes the goals and objecti ves contained in the General Plan ; and • The application substantially conforms w ith the Specific Plan , including Chapt er 2: Land Use and Development Standards . 9 .4.2 . Architectural and Site Rev iew Approval Proc e ss App l ication Materials Applications may be made by the o w ner of record , his or her agent, or lessee(s) of the property , and must be filed w ith the Director of Community Development . In addition to the then applicable application or processing fee , applications must include the follow ing materials , unless w ai ved by the Director of Community De velopment based on the scope of the proposal: • Architectural dra w ings of the proposed development, building additions or other structures. Dra w ings shall indicate square footages , building height, number of stories , parking , exterior ADMINISTRATION, IMPL EM E NTATION & F INANCING I 9 materials, colors, w indow treatment and other architectural features ; • Color Renderings of exterior facades; and • A landscape plan. The Director of Community Development may reasonably require additional information w hich is pertinent and essential to the application. Basis for Architectural and Site Review Approval The Director of Community Development shall issue an Architectural and Site Re v ie w approval if the findings listed below can be made: • The application promotes the goals and objecti ves contained in the General Plan ; and • The application substantially conforms w ith the Specific Plan , including Chapter 2: Land Use and Development St andards , and Chapter 8: To w n Center Des ign G u idel ines . • The application substantially conforms w ith the follow ing criteria: o Transitions related to height and bulk between ne w and existing buildings should be considered carefully . o Materials , te xtures and colors of ne w buildings should consider adjacent development, and be in substantial conformance with C h apte r 8 : To w n Center D esign G u ide lines of this Specific Plan. o The location , height and materials o f w alls, fencing , hedges and screen planting should consider adjacent development, and be in substantial conformance w ith Chapt er 8 : To w n Cen te r D esign G ui de li nes of the Specific Plan. o Unsightly storage areas , utility installations and unsightly elements of parking lots should be concealed to the extent feasible . o The planting of ground co ver or various types of pa vements should be used to prevent dust and erosion, and the unnecessary destruction of existing healthy trees should be avoided or mitigated . VALLCO TOWN CENTER SPECIFIC PLAN I 9-5 io-1 '.Z io-1 ~ > ~ io-1 < t'rj ~ t'rj > 00. ('.j ~ ~ 0 ~ t'rj 00. ('.j ~ ~ io-1 ~ ~ t'rj ~ ~ io-1 ~ el ~ r ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ 00. 229 ~ I N 0 N 9 I ADMINISTRATION , IMPL EMENTATION & FINANCIN G o Lighting for development should be adequate to meet safety requirements as specified by the engineering and building departments, and provide shielding to prevent spill-over light to adjoining property o w ners. o The number, location , color, size, height, lighting and landscaping of outdoor advertising signs and structures shall positi vely affect the general appearance of the neighborhood , and be in substantial conformance w ith Chapter 8 : To w n Cente r Desig n Gu idel i nes of this Specific Plan . 9 .4.3. Approval Authority and Process MSDP and A SR applications for development of the Mall property and all or a portion of Block 14 shall be re v ie w ed for substantial conformance w ith the Specific Plan and approved admini strati vely by the City 's Director o f Community De velopment or designee . MSDP and ASR approval shall require a Public Meeting , w hich shall be noticed in accordan ce w ith procedures developed by Community Dev elopment Director, comparable to existing procedures in place for similar public meetings . No comment period shall be required for these determinations . MSDP o r ASR approval may be appealed directly to the City Council. MSDP or ASR approval shall expire w ithin tw o years of its effecti ve date , unless: (l) A building permit is filed and accepted by the City. In the event that a building permit expires for any reas o n , the MSDP and A SR approvals shall become null and void ; (2) The MSDP and ASR approvals ha ve been used. Such approvals shall be deemed to be "used " w hen actual substantial and continu o us acti vity has taken place upon the land subject to the MSDP and A SR approvals or, in the event of the erection or modification of a structure or structures , w hen sufficient building acti vity has occurred and continues to occur in a diligent manner; or (3) A Development A greement covers the Mall property and/o r all or a porti o n of Block 14 , w hich contains provisions for permits and entitlements to extend for the term of the Development Agreement or other specified dates . 9-6 I VALLCO TOWN CENTER SP ECIFIC PLAN The Director of Community Development, or designee , may grant extensions for additional periods of time. Each extension shall not exceed two years and the total term for a MSDP or ASR approval , as extended , shall not exceed si x years , unless extended by a dev elopment agreement. No public hearing or notice is required for granting an extension. 9.5. Substan ti a l Co n formance and Amendments 9 .5.1. Substantial Conformance Purpose In general , the expectation is that all aspects of an approved plan {i.e ., site plan , site design , design guidelines, development regulations , conditions , etc.) are completed and implemented through buildout in substantial conformance w ith the Specific Plan. The o verriding objective is to attain the highest quality plan con sistent w ith the site plan , design , conditions , and commitments associated w ith any original approval. Thus , all subsequent entitlements (e.g., ASR approval or Conditional Use Permit, or amendment thereto) shall be in substantial conformance w ith the Specific Plan. A subsequent entitlement ma y be found to be in substantial conformance w ith this Specific Plan even if said entitlement d o es no t conform precisely to this Specific Plan . A pproval may nonetheless be granted if substantial conformance exists w hen evaluated in the conte xt of the overall project goals , innovati ve features , and v ision of this Specific Plan. MSDP or A SR approvals may be modified based on final design and engineering and the precise de velopment plans for each use. Notw ithstanding any prov ision in the Cupertino Municipal Code or other policy or regulation of the City or a ny department thereof, this chapter establishes the sole , exclusi ve, and objective criteria for the City to approve subsequent entitlements as being in substantial conformance w ith the Specific Plan . Documentation that the requested approval is in substantial conformance w ith the Spe c ific Plan must be submitted for the re view and approval of the Community Development Director or designee . ~ '.Z ~ ~ ~ > ~ ~ < M 3: M > rJ1 Lj ~ ~ 0 co M rJ1 Lj co 3: ~ ~ ~ M ~ ~ ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ1 230 el I N 0 c.u Substantial Conformance Crite ria As indicated above, th e Community Deve lopment Director or designee may find that subsequent entitlements substantially conform with the Specific Plan when the proposed subsequent entitlement is evaluated in the context of the overall project, goals, and inn ovative features and vision of this Spec ific Plan. By way of example, deviations from the features, uses, or illustrations in this Specific Plan may be warranted to accommodate final design and engineering that causes adjustments in roadway alignments, locati on of utilities or other infrastructure, development constraints to address innovative product design (including green roof considerations), distribution of permitted uses with in the Specific Plan, development of final design guidelines, density transfers and other similar deviations. The Community Development Director sha ll determine that subsequen t entitlements (including amendments of existing entitlements) are in substantia l conformance in cases of: • Deviations necessary to comply with the En vironmental Design Features. • Imposition of any additional conditions, Environmental Design Features, or mitigation measures that avoid or minimize environmental effects of the Specific Plan, provided that such features, conditions or measures are feasible, linked with a legitimate governmental interest (i.e., there is an essential nexus), roughly proportional, and consistent wi th the intent and purpose of this Specific Plan; in no event may additional conditions, Environmental Design Features, or mitigation measures conflict with or impede the final policy decision regarding the density and intensity of use; the types of uses permitted; the general location of uses; building massing, heights and setbacks; roof structure heights; stree tscape network and hierarchy; off-site transportation improvements; on-and off- site infrastructure improvements; administration, implementation, and financing; and the guidelines relating to landscaping, the public realm and urban design. ADMINISTRATION , IMPLEMENTATION & FINANCING I 9 • One or more adopted conditions or project design features that become outdated or infeasible to implement as part of the Specific Plan, but there is one or more roughly equivalent condition(s) or feature(s) that can be substituted in place of the adopted condition(s) or feature(s), and are consistent wi th the intent and purpose of this Specific Plan; • Ad justments to the alignment, location and sizing of utilities and facilities or a change in utility and/or public service provider so long as the adjustments or changes are found to be in compliance with applicable plans and standards of the agency responsible for such utilities and facilities and after review and concurre nce by the City's Engineering or Public Works Department. • Variation in the number of dwelling units within each block may occur at the time of final design so long as the total number of units is not exceeded and the minimum residential mix of senior units is retained. • Minor modifications to any of the development standards that are specificall y allowed under the Development Regulations of this Specific Plan. • Minor changes to landscape materials, wal l materials and streetscape design which are consistent w ith the design criteria set forth in Chapter 8: To w n Cente r Des ign Guidel i nes of the Specific Plan. • Minor changes to the architectural or landscape design guidelines, which guidelines are intended to be conceptual in nature and flexible in implementation. • Modificati on of any design element in this Specific Plan that improves circulation, improves drainage, improves infra structure, or provides simi lar utility and reduces operations and maintenance costs. • Imposition of any codes, regulations, or other requirements by outs id e agencies that have authority over the Town Center. • Any health and safety regulations that are required. VALLCO TOWN CENTER SPECIFIC PLAN j 9 -7 ~ '.Z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > \fl e ~ ~ 0 ~ t'rj \fl e ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ t'rj el ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ \fl 231 (j I N 0 +;;... 9 I ADMINISTRATION , IMPLEMENTATION & FINAN C ING • Changes to the plan that would result in an environmentally superior plan . The approvi ng person or body for a subsequent entitlement shall make a substantial conformance finding provided the subsequent entitlement meets the above criteria . 9 .5 .2. Amendments to the Specif ic Plan Shou ld any party seek to amend the provis ions of this Specific Plan prior t o January 1 , 2027, such amendme nt may be enacted on ly by ballot measure approved at an election by the City of Cupertino vo ters. Any amendment of this Specific Plan sought on or after January 1, 2027 may be enacted without a ballot measure, subject to the procedures required by applicable law. These dates shal l be tolled for a period equal to the period during which litigati on or a si mi lar action challenging the adoption of the Specific Plan has been filed and remains active. 9.6. Construction Sequencing The Specific Plan may be implemented over time and in a sequenced approach. Except as described in thi s section, al l or any portion of the existing development is permitted to remain in place and continue in commercial use, such that at any time the Plan Area may be improved partially w ith all or some of the existing buildings and partially w ith new development, whic h new deve lopment may include any of the uses authorized in this Specific Plan . If the Specific Plan is implemented over time, then any undeveloped site(s) for future phase(s) shall include provisions for in terim landscaping and other attracti ve low maintenance improvemen ts , and security and maintenance of any undeveloped land to be developed under future construction. The Specific Plan contemplates that construction of the 148-room hotel on Block 13 woul d commence in the near term and would be built in a single phase. As there are no pending applications for a majority of Block 14. A portion of Block 14 may be used for Services, Facility Management & Loading and may be included in Construction Sequence 2 . Demolition and subsequent construction of the Mall portion of the Plan Area is expected to occur in a single phase over five years, with both sequenced and concurrent openings, assuming economic conditions 9-8 I VALLCO TOWN CENTER SPECIFIC PLAN continue to be supportive. The actual timing of construction may vary from this expected duration. Staging of construction equipment and vehicles wou ld primarily be on-site wi th some staging w ithin the public right-of-way for the improvement/construction of the tunnels under North Wolfe Road and the bridge over North Wo lfe Road . Initial development of this part of the Plan Area is expected to start in the northwestern portion of the Vallco Shopping Mall property, in the location of the former Macy's department store and parking structure. Once this constructio n is completed, it is expected that the existing movie theaters , bowling alley, fitness center, and ice rink uses would be relocated and demolished . Construction may need to work around existing tenants until long term integration into other parts of the development are completed . Construction wo uld likely continue south towards Stevens Creek Boulevard and on the remaining areas on the east side of North Wolfe Road . Construction of the office and residential mixed-use components is expected to occur last . To ensure the timely redevelopment of the Mall portion of the Plan Area, demolition of a l l Ma ll buildings must commence within 6 months of the issuance of a Certificate of Occupancy for the first completed Mal l buildings, unless the Community Development Director allows an extension to allow temporary uses or upon finding that allow the structure to remain is in the public interest and is not detrimental to the public health, safety, general welfare, or convenience . Notwithstanding the preceding, there sha ll be no ob li ga ti on to demolish any portion of the Mall that is then currently occupied and leased. Any portion of the Mall that is not demolished due to an existing lease shall commence demolition w ithin 6 months of the lease expiration . It is the in t ent of the City that the entire Speci fi c Plan is built out quickly wi th a focus on delivering the retail and entertainment district for the public's enjoyment early. To ensure the timely construction of the Town Center Entertainment/Office/Residential District, no Certificate of Occupancy shall be issued for any office building until the shell and core of building located in Blocks 3 and 6 (entertainment, c ivic, and office uses) has been substantially completed . ~ z ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > rJl e ~ t'!'j ~ 0 eo t'!'j rJl e eo ~ ~ ~ ~ t'!'j ~ ~ ~ ~ t'!'j (j ~ r ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ rJl 232 ~ I N 0 Ul Parking w ill be provided either in structured or surface parking such that adequate parking is prov ided for each ph ase as they occur. The anticipated sequence of Plan Area construction is show n in Figure 9 - 1 : Constr uctio n Sequenc ing . It should be noted that this sequencing is subject to change depending on events outside the reasonable control of the project applicant, such as significant adverse market and economic conditions, site access constraints , natural events {e .g ., se vere w eather events , earthquakes , fire), and legal challenges . 9 .6 .1. Sunset Provision Voter approval of Vallco To w n Center Specific Plan Initiative prov ides for the zoning of the property for the intended uses outlined herein . It is the intent of this Specific Plan that demolition , exca vation , grading , site w ork and then construction w ill commence upon voter approval. As a voter- approved document, no automatic sunsetting of the Specific Plan is assumed or permitted. However, as des cribed in Section 9.5 .2 , on or after January l , 2027 , this Specific Plan may be amended w ithout a ballot measure approved by the City of Cupertino voters at an election , subject to the tolling identified above and procedures required b y applicable la w . ADMINIS T RATION, IMPLEMENTATION & FINANCING I 9 VAL LCO TOW N CENTER SPECI FIC PLAN I 9-9 ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > \JJ. e ~ ~ 0 ee M \JJ. e ee ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ t"'i ~ ~ 0 ~ = M < 0 ~ M ~ \JJ. 233 (j I N 0 O'I 9 I ADMINISTRATION , IMPLEMENTATION & FINANCING Figure 9-l : Construction Sequencing ~ "V .P ~ ,.f''":' ~-:'I-~-~ I _I_ I_ I,. 1--W ~--~~ :_-:-l ~I ~-·-~_ 1Iii1 'j I~ ''i, -~-~--E :treet __ ---~--I _,/ . 'ii '2 LI " I · l ' I --------~ -n-si-.->I /I ji8--u~• I ----,]j / , ,.;_ T~ Sqoom : : 5 -1 1 i 11' l 0 East 9 "i;I ' 13 1 . ' l df .- ,, ' ----_:_I ·--f;_ I / . _: i' -------C Stre et ___ .. ,_~-·-· _.. ~ 1 / \' (/,, I !'I 8 I i I I 7 I · ~ I / -l1 • , ,_ I -' -_,___ --______ _; I / l egend c -:::::1 Construction Sequence l c=::::I Construction Sequence 2 c: :I Construction Sequence 3 C : :I Future Sequence Nole: Additional sequences may be im pl emente d lo fa cil itate relocol ion o f existing tena nt s. Note: Figure is not lo sca le Nffi "' _, _; _, _, __ , -.L, -·--··-· -~R· -··-·-··-·-··-·+·-·-·-·-·-·-·-·-·-·--·-·-·-·-·· /' -., ---i " \~!;; ,,,,.---1r• , ) I I I , ~ , r ., , ,' ,11 ' , ,_. , ,' 1 Gl "" ·-_,,,, / ,' I , ' --~......-. / ,' I ~· ' __ ,,.,,,. ___ .,' 14 :r-g ~ ----------tel ,, ,~--------: i i I ''I' 6 3 Qj l!! Vi ""C c N 5 B Street 3 i r-------~1 11 ! HI · l~D ]i I ·--', ------~. --~r ----. 1f?n ]j Town liuare Wi st 2 Jiu ]! , ,i / \, ' ;-~~ ---··--~---·-------.,.-----· ----;:i-r.;·----~~ , I t _, ' ~-------------------------~ I . / ··-·-·-·-·-·-·-· ~·-·-·-·-·-·-·· 9-10 I VALLCO TOWN CENTER SPECIFIC PLAN I I -I Vi l I I I ,I L----i -,, ___ ----f -~·-·-·-·-·-·-·-·-·-·-·-·~+-·-·~·-·-·-·-···· ! ~ '.Z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJJ. e ~ ~ 0 ~ ~ rJJ. §§ ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 234 Cj I N 0 ~ 9.7. Financing and Maintenance of Public Improvements Implementation of the Specific Plan requires the Specific Plan applicant(s), property owner(s) or their designee(s) to assure that all on- and off-site infrastructure, facilities , and services (impro vements) required by this Specific Plan are installed , constructed, and completed prior to or concurrent with need. The improvements include, among others, enhancement, and ongoing maintenance of open space/green roof designated on the Land Use Plan of the Specific Plan. The improvements contemplated for the Plan Area may consist of elements for use by the general public, as w ell as for exclusive use of the property owner, tenants, or occupants. Once constructed , long-term maintenance of improvements w ill be required , and the party responsible for maintaining those improve ments may vary depending on w hether they are dedicated for general public use or privately owned within the Plan Area. While a variety of financing techniques are a vailable, Specific Plan development components will be installed or constructed using pri va te financing for the great majority of the develo pment costs. Certain elements of the improvements , however, may use assessments or community facility district mechanisms. If used to fund improvements , the assessment or community facility district w ill only apply to the Plan Area and only be assessed against the property owner, tenants, or occupants thereof. No resident or property owner outside of the Plan Area w ill be included in any proposed assessment or community facility district . These provisions ensure that the Specific Plan pays its own way . This section identifies potential financing methods that may be used indi vi dually, collectively, or in combination to fund implementation and maintenance of various improve ments identified in the Specific Plan . The Specific Plan 's implementation will be complemented by these improve ments and directly serve and benefit not only the Plan Area but also the greater community. This section of the Specific Plan identifies a mix of financing mechanisms applicable to future development in the Plan Area. These mechanisms are important to assure the timel y financing of new improveme nts ADMINISTRATION, IMPLEMENTATION & FINANCING I 9 concurrent w ith Specific Plan de velopment. The Specific Plan allow able financing mechanisms are listed and then described in further detail in the follow ing paragraphs: • Community Facilities District; • Landow ner Funding Agreement; • Deve lopment Impact Fees; and • Pri va te Financing. Allowable Specific Plan financing mechanisms also may include offers of dedication, fee dedications, and/or easements; assessment districts; infrastructure financing districts (e .g ., open space management/maintenance, lighting and landscaping , bridge and thoroughfares); exactions; and reimbursement agreements . In addition , the Specific Plan contemplates possible use of emerging financing mechanisms , such as payment in lieu of tax (PILOT) assessments. The primary financing mechanisms to be used w ithin the Plan Area are described further below . 9 .7. 1. Community Facilities District The Mello-Roos Community Facilities Act of 1982 enables the City to establish community facilities districts and to levy approved ta xes to fund a variety of Public improvements required by the Specific Plan . The Mello- Roos Act can provide funding for the purchase, construction , expansion , rehabilitation , or maintenance of, among other services, open space, parks, recreation programs, flood protection, stormwater and drainage systems, streets, roads, parkways, police and fire protection, and ambulance and paramedic services. If this financing mechanism is utilized , the special tax will likely be structured based on the zoning development intensity of the Plan Area subject to the ta x, but in no eve nt shall the tax apply to residents or property owners outside of the Plan Area. Improvements w ithin the Plan Area may be partially funded through the establishment of one or more Community Facilities Districts. VALLCO TOWN CENTER SPECIFIC PLAN I 9-11 ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > '(JJ c ~ ~ ~ 0 co ~ '(JJ c co ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Cj ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ '(JJ 235 (j I N 0 QO 9 I ADMINISTRATION , IMPLEMENTATION & FINANCING 9.7 .2 . Landowner Funding Agreement Covenants, conditions and restrictions (CC&Rs) are a financing mechanism that establishes an assessment or obligation of one property owner for the benefit of another property. The recording of CC&Rs against the burdened property creates a permanent obligation that can be enforced against the burdened property owner by a party holding an interest in the benefited property. For example, this financing mechanism wou ld enable the property owner(s) of the Plan Area to enter into CC&Rs recorded against one or more parcels for the benefit of parcels wi thin the Plan Area designated for open space uses. The CC&Rs wo uld require that maintenance of the open space portion of the Plan Area be funded by development on the remaining portion of the Plan Area. The CC&Rs wou ld not be susceptible to unilateral amendment by the owner/operator of the burdened property, and in the event of a breach by the burdened property owner/operator the other party to the CC&Rs wo uld ha ve an array of enforceable remedies. Improveme nts wit hin the Plan Area may be partially funded through landowner funding agreements, such as CC&Rs. 9 .7 . 3 . Development Im pact Fees The City, along w ith an increasing number of other local communities, requires payments of impact or development fees to finance public improvements. These fees compensate the community for the extra costs of public improvemen ts caused by new development. These fees are often payable either upon recordation of a final subdivision map or issuance of a building permit, with the proceeds placed in a fund designated by the City for the construction of certain improvements. Generally, fees are collected to fund traffic mitigation, parks and recreation facilities, fire facilities and services, schools, drainage and flood control facilities, and water and sewer facilities. The fee schedule is generally updated annually through a consumer price index adiustment. Public improvements within the Plan Area may be partially funded through the payment of development impact fees. 9-12 I VALLCO TOWN CENTER SPECIFIC PLAN 9.7.4 . Private Financing This financing mechanism wi ll allow a property owner to agree to privately finance certain improvemen ts w ithin the Plan Area. For example, one such option involves the establishment of an annual operation and maintenance fee charged to commercial owners or occupants to fund the green roof/ope n space and recreation amenities w ithin the Plan Area. Improveme nts wit hin the Plan Area may be partiall y funded through this financing mechanism. ~ '.Z ~ ~ ~ > ~ ~ < t'rj a: t'rj > rJl e ~ t'rj ~ 0 ~ t'rj rJl e ~ a: ~ ~ ~ t'rj ~ ~ ~ ~ t'rj (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJl 236 ~ I N 0 \0 9.8. Financing Plan Table 9-1 : Improvements and Financ i ng , summarizes on-and off-site improvements required to be in place prior to or concurrent with need, as wel l as a description of the allowable financing mechanisms. This summary of allowable financing mechanisms is provided as a guideline; actual implementation of specific financing mechanisms will be accomplished pursuant to established procedures, lo ws, and regulations applicable to such financing mechanism. ADMINISTRATION , IMPLEMENTATION & FINANCING ! 9 Tobi e 9 -1: Improvements and Fin a ncing Improvements Community Park and Nature Area Recreation Amenities/Trails Traffic Improvements Community Benefits Drainage and Storm water Management Water and Se wer Systems Fire Protection Police Protection Schools Allowable Mechanism(s) • Community facility district • Pri vate Financing • Private Endowment • Dedication • Special financing district • Community facility district • Private Financing • Private Endowment • Dedication • CC&Rs • Special financing district • Traffic impact fees • Bridge· and Thoroughfare Fees • Special financing district fees • Communities facilities district (formation or fee payment) • Builder-constructed improvement financ i ng • Builder Funding Agreements • Reimbursement agreement(s) • Pri vate Financing • Private Financing • Pri vate Endowment • Pr ivate Financing • Im pact fees •Private Financing •Capacity and Connection Fees •Private Financing •Capacity and Connection Fees •Private Financing •Capacity and Connection Fees •Impact fees •Private Finan cing VALLCO TOWN CENTER SPECIFIC PLAN I 9-13 ~ z ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > rJJ. e ::0 t'!'j ~ 0 ~ t'!'j rJJ. e ~ ~ ~ ~ ~ t'!'j ~ ~ ~ ::0 t'!'j ~ ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ::0 rJJ. 237 (j I N ...... 0 9 I ADMINISTRATION , IMPLEMENTATION & FINANCING 9.9. Environmental Design Features The Specific Plan incorporates the Environmental Design Feature s (EDFs) set forth in Appendix A to ensure that development in the Plan Area (excluding Block 13, which has an entitled hotel project) avoids or minimizes environmental effects with appropriate sensitivity to the land, its resources, and adjacent property. The Specific Plan applicant(s) or designee(s) (excluding Block 13 or a Block 14 applicant not processed as part of the To wn Center/Community Park) shal l implement all EDF s and the City shall implement a monitoring and enforcement program to ensure comp liance . The monitoring and enforcement program shall be administered by the Commun ity Development Director or designee. 9-14 I VALLCO TOWN CENTER SPECIFIC PLAN io-i '.Z io-i ~ > ~ io-i < M ~ M > 00 c ~ M ~ 0 cc M 00 c cc ~ io-i ~ ~ M 0 0 io-i ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 238 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS <( <( V'J Q) x ,.... Vl -0 ::::> w -"" c 0 :::J Q) Q) f-C2.. LL <( C2.. c w <( LL O') z V'J (.') Q) -0 Vl w 0 0 -_, c <( Q) f-z E w c ~ 0 z ,.... 0 ·:; "" c -> UJ z w <( '.:'.': 0 z w a_ a_ <( C-211 239 () I N ~ N Appendix A -Env i ro n ment a l D es i gn Features I A Append ix A -Enviro n men tal Design Features The following Environmental Design Features (EDFs), including the Exceptional Community Benefits, are incorporated into this Specific Plan to implement the goals and policies of the General Plan and this Specific Plan . The Specific Plan applicant(s) or designee(s) (excluding applicant(s) for development of Block 13 or any portion of Block 14 not processed as part of the Town Center/Community Park) shall implement the following EDFs as described below. The Town Center/Community Park applicant must implement the Specific Plan 's goals and policies by providing the prov iding exceptional community benefits within the Plan Area (unless otherwise indicated). Consistent with the note above, these implementation measures and requirements shall not apply to any dev elopment proposed on Block 13 or any portion of Block 14 not processed as part of the Town Center/Community Park. l. Green Roof & Community Park : A 30-acre rooftop Community Park & Nature Area, accessible to the public, privately constructed and maintained at no cost to taxpayers, and irrigated by recycled water. 2. Rooftop Trails: A minimum of 3 .8 miles of accessible walking and jogging trails, through native and drought-tolerant landscaping, meadows, vineyards, orchards and organic gardens in the Community Park & Nature Area. 3. Sustainability Leadership/Recycled Water: A sustainable design goal of achieving the highest le vel of certification from a globally recognized environmental sustainability certification program , such as LEED Platinum certification or its equi valency, w hich shall be achieved in part by providing recycled w ater for such purposes as irrigation, toilet flushing , and heating and cooling systems , among other design features . 4. Public Utility Infrastructure Improvements: This Specific Plan calls for the implementation of substantial public-serving improvements to the existing utility infrastructural system, including those in vol v ing the sanitary sewer system , w ater service, storm w ater drainage facilities , gas and electric support lines, and of course recycled w ater . 5. Town Squares: Two ground-level Town Squares totaling at least 3 acres in area, programmed to accommodate civic, cultural, community, and school events , performances, and celebrations , among other uses . 6. Community Facilities: Community amenity facilities including an approximately 20,000 square foot banquet/event hall ; a community hub building of at least 6,000 square feet for potential uses such as community meetings; study gro ups, parent volunteer meetings , or birthday parties; an approximately 300-seat amphitheater for concerts , band or theater performances, or speak i ng engagements ; and a destination children's playground. 7. Charitable-Civic Space: A charitable lease or leases for at least 5 ,000 square feet of civic space dedicated for use and potentially shared by local non-profits and ci vic organizations, such as the Cupertino Historical Society (for museum and office space), the Cupertino Library (for a material s pick -up and/or return annex), the Sheriff's Department (for a substation), and the Fire District (for a substation). 8 . Civic Space Option: The ability for a project applicant to prov ide up to an additional 50,000 square feet for an appropriate, necessary and meritorious ci vic use subject to a separate agreement w ith the City , thereby reducing the office use allocation . 9. Exceptional Educational Benefits: In addition to paying the ma ximum state-required school fees , w hich are expected to be approximately $4 million , to recoanize the important asset that schools are to the larae r Cupertino communitv and in an effort to make a net positiv e impact on the VALLCO TOWN CENTER SPEC IFIC PLAN I A-1 ~ ~ ~ ,.., ~ > ,.., ~ < M ~ M > rJ1 e ~ M ,.., 0 cc M rJ1 e cc ~ ~ ,.., ,.., M 0 0 ~ ~ M () ,.., ~ ~ ,.., 0 ,.., = M < 0 ,.., M ~ rJ1 240 n I N ~ w A / Appe ndix A -En v i ro nm e nta l D es ign Feat ures local school districts , the Plan Area w ill prov ide exceptional community benefits, summarized below, to the local schools including Fremont Union High School District ("FUHSD ") and Cupertino Union School District ("CUSD"). While the precise nature of these benefits must be determined in coordination and cooperation w ith the school districts , the community benefits for local schools shall be valued at approximately $40 million, w hich would represent a financial contribution more than l 0 times the legally-required amount. If the school districts agree to these benefits, the follow ing are strongly encouraged : Construction and 34-year charitable lease of a ne w l 0 ,000 square foot, turn-key High School science and engineering "Innovation Center" intended to serve as: • An incubator space for ne w student-led businesses , • A hub for FUHSD's w ork-based learning initiati ves , • A place for robotics teams to compete , • Space for student makers from a variety of disciplines to create , and • A Black Box Theatre and Stagecraft Center. The purpose of this large, flexible , and multi-use space w ould be for FUHSD high school students to engage in proiects together, collaborati vely across all district schools , w hile collaborating w ith members of the greater community. Construction and 34-year charitable lease of up to 5 ,000 square feet of classroom and/or administrative space for FUHSD 's Adult School to assist in its mission to prepare its students to achieve educational , career, and personal goals and its commitment to serve the life-long learning needs of the residents of the district's di verse community . Solutions to create net additional enrollment capacity for hundreds of CUSD students , beyond w hat is generated by the Plan Area , and enhance the quality of instruction and student learning . The additional capacity soluti o ns shall be agreed to w ith CUSD through a definitive agreement and subsequent approval process. Examples of such enrollment capacity benefits could include: • A new 700 student elementary school at the former Nan Allan Elementary School site ; • Replacement of all portable classrooms at Collins Elementary School w ith permanent classrooms ; • Improv ement and expanded utilization of athletic and recreation facilities at the Nan Allan/Collins Elementary School location ; • Funding a $1 ,000 ,000 endow ment for the long-term sustainability of the CUSD S'h Grade Yosemite Science Pr o gram. • In addition , despite the fact for-rent residential units within Plan Area w ill not enioy the legal or economic benefits of indiv idually parcelized "for-sale " units , payment of the equi valent applicable parcel tax to each of the districts for each unrestricted apartment unit all owed by this Specific Plan, subiect to additional negotiated terms w ith the school districts , w hich annual pa yment is currently estimated to be approximately $135,372 in the aggregate . VALLC O TOWN C ENTER SPE CIFI C PLA N I A-2 lo-I 'Z lo-I ~ lo-I > ~ lo-I < ~ ~ ~ > \J). ('j ~ ~ ~ 0 co ~ \J). ('j co ~ lo-I ~ ~ ~ 0 0 ~ ~ n ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ \J). 241 ~ I N lo-' ~ Appendix A -En viron m enta l D esig n Fea t ures I A 10. Facilitating Experienced Based Learning: Leases shall include obligations that office and retail tenants in the Plan Area participate in the enhancement of FUHSD students' experience-based kno w ledge and opportunities for learning-by-doing by, for example , offering business- en v ironment internship, scholarship and/or mentoring opportunities or classroom-environment special curriculum, among others . 11. Affordable Worker Housing: To the extent permitted by la w, the Plan Area is strongly encouraged to comply w ith the City's BMR Housing Mitigation Program by providing affordable units on-site rather than paying the City's in-lieu fee and, to the extent permitted by la w , gi ving CUSD and FUHSD teachers housing priority. 12 . Innovative Senior Housing : Dedication of at least 80 housing units to senior housing use , in accordance w ith local, state and federal la w, to allow local seniors to remain in their community and near friends and/or family and to promote longevity, w here all or a portion of such units are strongly encouraged to be designed to accommodate an innovati ve, amenity-rich acti ve senior "co-housing " en vironment. 13. Early Entertainment Uses: Ensure the deli very of at least 25% of the retail component, including a ne w multiplex movie theater, in the initial construction sequence of the Plan Area (not including the hotel on Block 13) and allowing for the continuous operation of the existing multiplex mov ie theater during such initial construction sequence. 14. Prompt Demolition: To ensure sw ift completion of the remainder of the Plan Area , a commitment to demolish 1 00% of the remaining existing Mall improvements w ithin 6 months of recei v ing a certificate of occupancy for the afore-described initial retail component, subject to existing leases and an appropriate temporary improvement plan for demolished areas . 15. Incubator/Start-Up/Mid-Size Company Space: Commitment to office tenant diversity by providing a minimum of 1 00,000 square feet of incubator w ork space and /or multi-tenant office spaces for multiple start-ups and/or emerging or mid-size companies , w ith a preference for local companies. 16 . Residential-Area Plan Sensitivity : Protect adjacent residential property o w ners by retaining healthy trees and existing w alls and encouraging inacti ve and /or generously set-back building facades along the Plan A rea 's w estern property line. 17. Pedestrian Friendly Zone: A goal to establish a successful retail model , efficient traffic circulation plan , and popular bicyclist and pedestrian en v ironment to enable the majority of the streets in the Plan Area to be permanently closed (market conditions permitting), thereby creating a "car- free " To w n Center en v ironment in the Plan Area w est of North W olfe Road. 18. Transportation Demand Management Plan: Consistent w ith the Plan Area's en v ironmental design features , require the preparation and implementation of a Transportation Demand Management ("TOM") Plan w ith an o verall target of reducing Specific Plan office-generated weekday peak hour trips by 30 percent belo w applicable Institute of Transportation Engineers trip generation rates , an unprecedented restriction on a "specific plan " area . 19. Free Community Shuttle: Require that a project applicant spearhead and prov ide substantial funding for a community effort to provide a free community shuttle , in partnership w ith the City , VTA , local school districts , property o w ners , and /or corporate employers. 20. Bike-Pedestrian Trails Funding: If approved by the City , prov ide a $6 million cash donati o n to the City for the express purpose of analyzing and constructing an approximately 2-mile bicycle/pedestrian trail along the southern edge o f 1-280 between De A nza Boulevard and Wolfe Road. VAL LCO TOWN CEN TER SP ECIFIC PLAN I A-3 ~ ~ ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > rJJ Lj ~ ~ 0 cc t'!'j rJJ Lj cc ~ ~ ~ ~ t'!'j 0 0 ~ ~ t'!'j ~ ~ t"-1 ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ rJJ 242 (j I N ~ Ul A I Appendix A -Environmental Design Features 21 . Bike-Pedestrian Improvements: Construct and /or fund additional improveme nts to pedestrian and bike trail{s) throughout the Plan Area, including along the entirety of the existing Perimeter Road, and i n the Plan Area vic inity to improve Safe Routes to Schools and address both bike and pedestrian safety and traffic concerns. 22 . Freeway Interchange, Overpass, and Segment Funding : Consistent with the Plan Area's environmental design features , provide a fair share financial contribution of $30 million for free way infrastructure , specifically the build-out of the roadway improvements planned for North Wolfe Road and 1-280 overpass and interchange and future 1-280 free way segment improvemen ts , to address traffic congestion. 23. Traffic Signal Improvements : Consistent wit h the Plan Area's environmental design features , fund traffic signal timing improveme nts along Wolfe Road between Stevens Creek Boulevard and 1-280, as well as locations throughout the City, to streamline traffic flow in the surrounding area. Community Benefit Timing : It is important that the timing and performance of these community benefits align with the implementation goals and policies in thi s Specific Plan . The timing of a number of the above measures is already identified above or in other sections of this Specific Plan. After these legislati ve le ve l approvals of the Specific Plan and zoning are in place there are subseque nt permits and re v ie ws which must be obtained prior to issuance of building permits . To ensure the timely performance of these Community Benefits , prior to issuance of the Master Site Deve lopment Permit {"MSDP") described in Chapter 9: Administration, Implementation & Financing, the sequencing and timing of these dedications, funding , and other commitments or efforts shall, unless already identifi ed in this Specific Plan , including Appendix A, be addressed in either the MSDP or a statutory Development Agreement, if a development agreement is entered into between any applicant wi thin the Plan Area and the City . 24 . Lighting: The Town Center/Community Park applicant and other project applicants for future development shall comply wi th the lighting guidelines in the Specific Plan whic h would prevent unnecessary glare from unshielded or undiffused light sources. The following guidelines are required to avoid light trespass across property lines: • Unnecessary glare from unshielded or undiffused light sources should be avoided. Commercial buildings and landscaping can be illuminated indirectly by concealing light features wit hin buildings and landscaping to highl ight architectural features and avoid intrusion into neighboring properties. • Light fixtures should be directed downw ard from the horizontal plane of the light source to pre vent unnecessary light spillover. 25 . Dust Control : The Bay Area Air Quality Management District (BAAQMD) Best Management Practices for dust control shall be required for all construction activities wi thin the To w n Center/Community Park. These measures wil l reduce dust emissions primarily during soil movement, grading and demolition activities, but also during ve hicle and equipment movement on unpaved project sites: (1) All exposed surfaces (e.g ., parking areas, staging areas, soi l piles , graded areas, and unpaved access roads) sha ll be watered two times per day. (2) A ll haul trucks transporting soi l, sand, or other loose material off-site shall be co vered . VALLCO TOWN CENTER SPECIFIC PLAN I A-4 ~ z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJJ. e ~ ~ 0 ~ t'rj rJJ. e ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ t'rj (j ~ t"'i ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ. 243 (j I N ~ 0\ Append ix A -Env i ro n me nta l D es ig n Features I A {3) All visib le mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. (4) All vehicle speeds on unpaved roads shal l be limited to 15 mph. (5) A ll streets, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads sha ll be laid as soon as possible after grading unless seeding or soil binders are used. (6) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of CCR). Clear signage shall be provided for construction workers at all access points. (7) A ll construction equipment sha ll be maintained and properly tuned in accordance with manufacturer's specifications. A ll equipment shal l be checked by a certified mechanic and determined to be running in proper condition prior to operation. (8) A publicly visib le sign shal l be posted with the telephone number and person t o contact at the Lead Agency regarding dust complaints . This person shall respond and take corrective action within 48 hours. BAAQMD's phone number shall also be v isible to ensure compliance with applicable regulations. 26. Construction Emissions Minimization : The Town Center/Community Park applicant and other project applicants for future development sha ll require in its construction spec ifications an Emis sions Reduction Plan that requires the following: • That all off-road equipment shall have engines that meet either U.S. EP A or California Air Resources Board (CARB) Tier 4 final off-road emission standards . If engines that comply wi th Tier 4 off-road emission standards are not commercially available, then the contractor sha ll provide the next cleanest piece of off-road equipment as provided by the step down schedules in the table below. "Commercial ly available" shall mean the availability of Tier 4 equipment taking into consideration factors such as: (i) critical path timing of construction; (ii) geographic proximity to the Project site of equipment; and (iii) geographic proximity of access to off haul deposit sites . The applicant(s) and contractor sha ll maintain records concerning its efforts to comply w ith this requirement. • 1 • Tier 4 Interim • 2 • Tier 3 • 3 • Tier 2 Abbrev ia ti ons: CARB = California A ir Resources Boord N /A = not applicable Note: How to use the table: If the requirements of the above bullet cannot be met, Compliance A lternative l shal l be met. If Compl ian ce A lternati ve l cannot be met, then Compliance A lternati ve 2 wou ld need to be met. If Compliance A lternative 2 cannot be met, then Compliance A lternative 3 wou ld need to be met. VA LL CO TOWN CENT ER SPE CI FI C PLAN I A-5 ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > "(J). c ~ ~ ~ 0 cc ~ "(J). c cc ~ ~ ~ ~ ~ 0 0 ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ "(J). 244 (j I N ~ ........) A I Appendix A -Environmental Design Features • The idling time for off-road and on-road equipment be limited to no more than two minutes , except as provided in exceptions to the applicable state regulations regarding idling for off-road and on-road equipment . Legible and visible signs shall be posted in multiple languages (English, Span ish, and Chinese) in designated queuing areas and at the construction site to remind operators of the two minute idling limit . • Construction operators shall properly maintain and tune equipment in accordance with manufacturer specifications. 27 . Building Materials: To limit reflecti vity and prevent exterior glass from attracting birds , projects shall use low -reflecti v ity glass to minimize bird collision . Lo w - reflecti vity glass shall be used for the entirety of a building's glass surface (not just the low er le vels nearest trees w here bird collisions may be the most common), and other measures shall be undertaken for av ian safety. 28. Tree Replacement: Prior to the issuance of the first demolition permit, the To w n Center/Community Park applicant and other project applicants for future development shall submit a Tree Management Plan for review and approval by the City of Cupertino . The Tree Management Plan shall be prepared in compliance w ith the Municipal Code sections that address retention , relocation , and replacement of trees . 29 . Nesting and Migratory Bird Surveys: The To w n Center/Community Park applicant and other project applicants for future development shall retain a qualified biologist to perform nesting bird su rv eys prior to prior to tree pruning, tree removal , transplantation, ground disturbing acti v ities , o r construction acti v ities that could affect nesting and migratory birds . Preconstruction surveys are not required for tree removal , tree pruning , and ground disturbance or construction acti vities outside the nesting period. All necessary vegetation clearing shall be performed prior to the nesting season , if at all possible . Vegetation can be cleared and maintained to pre vent migratory bird nesting . Recommendations of the bi o logist shall be implemented such that no birds, nests w ith eggs, or nests with hatchlings are disturbed . An annual report shall be submitted to the City of Cupertino and the California Department o f Fish and Wildlife (CDFW) documenti ng the observations and actions implemented to comply w ith this En vironmental Design Feature . 30. Nitrogen Deposition Fee: The Town Center/Community Park applicant and other project applicants for future dev elopment shall pay a Santa Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan Nitrogen Deposition Fee to the Implementing Entity of the Habitat Conservation Plan , the Santa Clara Valley Habitat Agency, even though the fee w ould not otherwise be legally applicable to the future development . The Town Center/Community Park applicant shall pay the Nitrogen Deposition Fee commensurate w ith the issuance of build i ng permits wi thin the To w n Center/Community Park. 31. Signage Program: If the To w n Center/Community Park applicant desires to maintain the existing Vallco Free w ay Oriented Sign , it shall do so in accordance w ith the signage program included in the Specific Plan. In view of the changes in land use and ne w design themes and characteristics described in this Specific Plan, the applicable signage program includes guidelines to address the architectural integrity of the Vallco Freeway-Oriented Sign, w hile also allow ing for modifications . 32 . Archaeological monitor: The Town Center/Community Park applicant and other project applicants for future development shall retain an archaeological m o nito r to i nspect the around surface at the completion o f dem o liti o n acti v it ies as they occur to search for archaeological site indicators . If archaeological VAL LCO TOWN CENTER SPECIFIC PLAN I A-6 ~ z ~ ;o-3 ~ > ;o-3 ~ < ~ a-: ~ > r:JJ Lj ~ ~ ;o-3 0 ee ~ r:JJ Lj ee a-: ~ ;o-3 ;o-3 ~ 0 0 ~ ~ (j ;o-3 ~ ~ ;o-3 0 ;o-3 = ~ < 0 ;o-3 ~ ~ r:JJ 245 n I N """"' 00 Appendix A -Env ironment a l D esign Featu res I A resources are found to be significant, the archaeological monitor shall determine appropriate actions, in coordination with a qualified archaeologist, City staff, and the project applicant(s). 33. Paleontological monitor: The To w n Center/Community Park applicant and other project applicants for future development shall retain a paleontological monitor to respond on an as-needed basis to address unanticipated paleontological discoveries . In the event that paleontological resources are encountered during grading and construction operations, all construction activities shall be temporarily halted or redirected to permit a qualified paleontologist to assess the find for significance. If paleontological resources are found to be significant, the paleontological monitor shall determine appropriate actions, in coordination w ith a qualified paleontologist, City staff, and the project applicant(s). 34 . Geotechnical Report Recommendations: Prior to the issuance of grading permits or improvements plans, the To wn Center/Community Park applicant and other project applicants for future development shall demonstrate to the satisfaction of the Director of Public Works that all earthwork operations, including site preparation, and the selection, placement, and compaction of fill materials ha ve incorporated the recommendations and the project specifications set forth in the Geotechnical !nvestigation (TRC, 2015) to ensure the safety of people and structures. 35. Site-Specific Geotechnical Reports : Prior to the issuance of grading permits or improvements plans, the To w n Center/Community Park applicant shall be required to prepare and submit site-specific Geotechnical Reports that wou ld be re viewe d and approved by the City of Cupertino . All earthwork operations, including site preparation, and the selection, placement, and compaction of fill materials sha ll incorporate the recommendations and the project specifications se t forth in the site-specific Geotechnical Report to ensure the safety of people and structures . 36. Central Plant Boilers Carbon Offsets: Prior to completion and operation of any Central Plant Boilers with emissions above l 0,000 MT C02e/yr., the To w n Center/Co mmunity Park applicant and other project applicants for future development shall enter into one or more contracts to purchase vo luntary carbon credits from a qualified greenhouse gas emissions broker in an amount sufficient to offset the operational emissions above l 0,000 MT C02e/yr., on a net present va lue basis in light of the fact that the applicant shall acquire such credits in advance of any creation of the emissions subject to the offset. Pursuant to CARB's Mandatory Reporting Requirements, applicant(s) shall register the Central Plant Boilers in the Mandatory Greenhouse Gas Emissi ons Reporting Program . The applicant(s) shall provide copies of carbon purchase contracts to CARB during registration. 37 . Hazardous Materials Business Plan : In accordance w ith State Code, facilities that store, handle or use regulated substances as defined in the California Health and Safety Code Section 25534(b) in excess of threshold quantities shall prepare and implement, as necessary , Hazardous Materials Business Plans (HMBP) for determination of risks to the community. The HMBP wi ll be reviewed and approved by the Santa Clara County Department of En vironmental Health Hazard ous Materials Compliance Di v ision through the Certified Unified Progra m Agencies (CUPA) process. VALLCO TOWN CENTER SPECIFIC PLAN I A-7 ,...... '.Z ,...... ~ ,...... > ~ ,...... < M ~ M > \Fl e ~ M ~ 0 co M \Fl e co ~ ,...... ~ ~ M ~ ~ ,...... ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \Fl 246 (j I N ~ \0 A I A p p e ndi x A -En v i ro nmen t a l Desig n Fe a tu res 38. Renovation or Demolition of Existing Structures: Before conducting renovation or demolition activities that might disturb potential asbestos, light fixtures, or painted surfaces, the Town Center/Community Park applicant shall ensure that it complies with the Operations and Maintenance Plan for management and abatement of asbestos-containing materials, proper handling and disposal of fluorescent and mercury vapor light fixtures, and w ith all applicable requirements regarding lead-based paint. 39. Soil Management Plan: A Soil Management Plan for all redevelopment activities shall be prepared by applicant(s) for future development to ensure that excavated soils are sampled and properly handled/disposed, and that imported fill materials are screened/analyzed before their use on the property. 40. On-Site Construction Noise: The Town Center/Community Park applicant and other project applicants for future development shall be required to adhere to the construction noise limits of the Cupertino Municipal Code . The following items wou ld further reduce the potential for high levels of noise from construction equipment or activities, and ensure that noise complaints are address promptly and if necessary, corrective action is taken: • Along the wes tern boundary of the To wn Center/Community Park and Block 14 , near the existing residential district, prepare and implement a 24-hour construction noise monitoring program to be installed and operated remotely. The noise monitoring program wou ld continuously monitor construction noise levels at select perimeter locati ons and alert a designated person(s) when noise levels exceed allowable limits . If noise le ve ls are found to exceed allowable limits , additional noise attenuation measures (i.e., sound wa lls) wil l be undertaken. • Require that all equipment be fitted with properly sized mufflers, and if necessary, engine inta ke silencers. • Require that all equipment be in good working order. • Use quieter construction equipment models if available, and w henever possible, use pneumatic tools rather than using diesel or gas-powered tools. • Place portable stationary equipment as far as possible from existing residential areas, and if necessary, place temporary barriers around stationary equipment. • Whenever possible, require that construction contractors lift heavy equipment rather than drag. • For mobile equipment that routine operates near residential area (i.e., wi thin approximately 200 feet), consider placement of typical fixed pure-tone backup alarms with ambient-sensing and/or broadband backup alarms. • Assign a noise control officer to ensure that the above requirements are being implemented. • Implement a noise complaint hotline and post the hotline phone number on nearby visib le signs and online. Require that either the noise control officer or a designated person be available at all times to answer hotline calls and ensure that follow-up and/or corrective action is taken, if necessary. 41 . Haul Traffic Noise: To reduce haul traffic noise, contractors for developments pursuant to the Specific Plan shall require that haul trucks tra ve l at low speeds (e.g., l 0 mph) whe n operating on or adjacent to the Plan Area. The Town Center/Community Park applicant and other project applicants for future development shall ensure that this requirement is included in the construction specifications. In addition, the construction contractor sha ll ensure that haul trucks be fitted wit h properly sized and functioning exhaust mufflers . VAL LCO TOWN C ENTER SPE CI FI C PLAN I A-8 ~ '.Z ~ ~ > ~ ~ < trj ~ trj > rJJ cj ~ trj ~ 0 ec trj rJJ cj ec ~ ~ ~ ~ trj ~ ~ ~ ~ trj (j ~ r ~ ~ 0 ~ = trj < 0 ~ trj ~ rJJ 247 (j I N N 0 Appendix A -Environment al D esign Features I A 42. Acoustical Assessment : Prior to completion of detailed design for d w elling units, the Town Center/Community Park applicant and other project applicants for future development shall prepare an acoustical assessment to demonstrate how in terior sound le vels wo uld achieve i nteri or sound levels at or below 45 dBA CNEL. Th e following development standa rds shall be included in the acoustical assessments : • In sta ll HVAC systems for all residential units to ensure that windows and doors can remain closed during warm weath er; • In stal l double-glazed w indows, especially on sides of buildings tha t are adjacent to busy roadways; • Ensure that all w indows and doors are properly sea led ; and • En sure that exterior w all building materials are of an adequate ly rated Sound Tran smiss ion Class . VALLCO TOWN CENTER SPECIFIC PLAN I A-9 ~ z ~ ~ > ~ ~ < M ~ M > \J). e ~ ~ 0 co M \J). e co ~ ~ ~ ~ M c c ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \J). 248 ~ I N N ~ A I Appendix A -Env i ronmental D esig n Features 43. Level of Service (LOS) at Local Intersections: Prior to the issuance of the first certificate of occupancy, the Town Center/Community Park applicant and other project applicants for future development shall demonstrate to the reasonable satisfaction of the Public Works Director that geometric and/or signal improvements (in close collaboration with the applicable governing agencies) have been implemented at the following intersections alleviating the increase in delay due to the addition of net project traffic. To improve traffic operations where no geometrical improvements are deemed necessary, the Town Center/Community Park applicant, in conjunction with City Staff, shall contribute toward software acquisition and implementation that would improve traffic signal operations and signal coordination along the study area roadways. These improvements are subject to future City approval. The City shall ha ve the discretion to modify these improvements or require alternative improvements , as determined by the Public Works Director, provided the modified or alternative improvements provide similar congestion relief and are similar in scope and cost. De Anza Blvd I Homestead Rd De Anza Bl vd I Ste vens Creek Bl v d De Anza Bl vd / McClellan Rd De Anza Bl vd / Bollinger Rd Wolfe Rd / Ste vens Creek Bl vd Ste vens Creek Blvd I Calvert Dr /1- 280 Ramps In the AM peak, provide an eastbound right turn overlap phase In the PM peak, provide an eastbound right turn and a northbound right turn o verlap phases In the PM peak , prov ide an eastbound right turn o verlap phase In the AM peak, prov ide a w estbound right turn o verlap phase Add a second southbound left turn lane by w idening 400 feet along project frontage and modify the signal accordingly. In addition, prov ide an o verlap phase for the southbound right turn and the eastbound right turn. Alternati vely, if the City prioritizes the retention of trees , the City has the option to require the applicant to provide $250,000 as an in lieu payment for traffic improvements in the area The intersection traffic o perations w ill benefit due to the implementation o f ne w traffic signal software 44 . Level of Service at Freeway Segments: Prior to the issuance of the first certificate of occupancy, the To w n Center/Community Park applicant and other project applicants for future development shall pay a voluntary fa i r share contribution of $4 ,000,000 to w ards planned transportatio n pro jects identified in VT A's Valley Transportation Plan 2040 (VTP 2040) that w ould improve traffic operations of the impacted free w ay segments and provide added transportation capacity o n parallel facilities . The fair share contribution amount w ill be calculated in consultation w ith VTA staff w ith the development's contribution to the impacted free w ay segment. 45 . Queues at Local Intersections : Prior to the issuance of the first certificate of occupancy , the To w n Center/Community Park applicant and other project applicants for future development shall demonstrate to the satisfaction of the Public W o rks Director that ge o metrical improvements and signal phasing improvements (in close collaboration w ith the applicable governing agencies) ha ve been implemented at the foll owing i ntersections to alleviate queue length due to the additi o n of the net VALLCO TOWN CENTER SPECIFIC PLAN I A-10 ~ ~ ~ ~ > ~ ~ < t'rj a;: t'rj > rJ1 e ~ ~ 0 co t'rj rJ1 e co a;: ~ ~ ~ t'rj ~ ~ $3 t'rj ~ ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJ1 249 (j I N N N Appendix A -Environmenta l Design Features I A project traffic. To improve traffic operations where no geometrical improvements are deemed necessary, the To w n Center/Community Park applicant and other project applicants for future development shall contribute $2 ,000,000 to $3 ,000,000 tow ard software acquisition and implementation that w ould improve traffic signal operations and signal coordination along the follow ing study area intersections , subject to modifications approved by the Director of Public Works in coordination with other agencies : Intersections • De Anza Boulevard /1-280 Ramps North • De Anza Boulevard/Ste vens Creek Boulevard • De Anza Boulevard /McClellan Road • De Anza Boulevard /Bollinger Road • De Anza Boulevard /SR 85 Ramps South • Ste vens Creek Bl vd /Perimeter Road • Wolfe Road /El Camino Real • Wo lfe Road /Fre mont Ave • Wo lfe Road /lverness A venue • Wolfe Road/Va llco Park w ay • Wolfe Road /Ste vens Creek Bou levard • T antau Av enue /Prune ridge A venue • Ste vens Creek Bl vd/Agilent Dri vew ay 46. Queues at Intersection -De Anza Boulevard/Stevens Creek Boulevard, PM Peak, Westbound Left: To potentially el im i nate the need to lengthen the w estbound left turn pocket at this intersection, and prior to the issuance of final occupancy for each building sequence, the To w n Center/Community Park applicant and other pro ject app li can ts for future development sha ll evalua te the PM peak hour queue length to confi rm if alternative signa l phasing and /or geometric improvements w ou ld ach ie ve leve l of service or queue that is equivalent to lengthening the w estbound left turn pocket at this intersection. If geometric and/or signal p hasing improvements w ould resu lt in the same or better le v el of service and queue, then lengthen ing the left-turn pocket w ould not be required . 4 7 . Transit/East Side Transit Center & Community Shuttle: The To w n Center/Community Park applicant and other proj ect appl icants for future developme nt shall implement the follow ing transit improvements prior to issuance of cert if icate(s) of occupancy that trigger a le v el of service equi valent to the existing occupied Vallco Mall lev el of service: 1. Install a public transit center on the east side of the Specific Plan Area to serve office workers . 2 . Spearhead and prov ide substantial fund ing for a partnership w ith the C ity, VT A, local schoo l districts, property owners , and /or corporate emp loyers (see Community Benefit 16 above). VALLCO TOWN CENTER SPECIFIC PLAN I A-11 ~ '.Z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJJ. e ~ t'rj ~ 0 ~ t'rj rJJ. e ~ ~ ~ ~ ~ t'rj ~ ~ ~ ~ t'rj (j ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ. 250 ~ I N N (.H A I Appendix A -Environmenta l Design Features 48. Transit/Mobility Hub : The To w n Center/Community Park applicant and other project applicants for futur e de velopment shall implement the following transit improvements prior to issuance of certificate(s) of occupancy for (i) the Block l buildings or (ii) the entirety of the Residential allocation: Install a public transit center as part of the Mobility Hub on the north side of Stevens Creek Bouleva rd. 49 . Bicycles and Pedestrian Improvements: The Town Center/Community Park applicant shall, prior to the issuance of the first certificate of occupancy, and to the extent not already constructed or funded by other existing commitments, implement the following bicycle and pedestrian improvem ents: l. Install green color backed sharrows on T antau Avenue betwee n Stevens Creek Boulevard and Bollinger Road for Class Ill facilities. 2. Install marked bike loop-detectors on southbound Portal Avenue at Stevens Creek Boulevard and convert all-way stop-control to two-way stop-control at the Portal Avenue and Wheaton Drive intersection w ith stops on Wheaton Drive. 3. On Portal Avenue between Stevens Creek Boulevard and Wheaton Dri ve, install green color backed sharrows for a Class Ill facility, and install a ladder- style crosswalk at Amherst Drive and Portal Avenue, and install "neig hborhood greenway" signage along Portal Avenue. 50 . Bicycle and Pedestrian Funding: The To w n Center/Community Park applicant shall, prior to the issuance o f the final certificate of occupancy, and to the extent not already constructed or funded by other existing commitments, implement the following bicycle and pedestrian improvements: If approved by the City, provide a $6 million cash donation to the City for the express purpose to analyze and construct a 2-mile bicycle/pedestrian trail along the southern edge of Interstate 280 between De Anza Boulevard and Wo lfe Road (See Community Benefit l 7). 51 . Construction Traffic Management : The To wn Center/Community Park applicant and other project applicants for future de ve lopment shall prepare and maintain a Construction Management Plan (CMP) to minimize disruption to transportation facilities caused by short term construction activities. The CMP wi ll include flagmen, schedules o f potential closures, a construction hotline, delineation layout, truck routes, delivery schedules, and alternative routes, per city industry standards and requirements . 52 . Transportation Demand Management Plan: Prior to the issuance of the first certificate of occupancy, the To wn Center/Community Park applicant and other project applicants for future office development shall prepare and implement a Transportation Demand Management (TOM) Plan w ith an overall target of reducing Specific Plan office-generated week day peak hour trips by 30 percent below applicable Institute of Transportation Engineers trip generation rates. Future project applicant(s) for office developments must demonstrate to the satisfaction of the Public Works Director that a TOM manager has been appointed and retained wit h the responsibility to implement and monitor the TOM Plan and that the TOM Plan incorporates the following: Vehicle Trip Reduction Targets The TOM Plan shall achieve an overall target reduction of 30 percent below applicable Institute of Transportation Engineers Office Use trip generation rates. These reductions shall be measured through counts of vehicles that enter and exit the site and comparing the results to established trip thresholds. VAL LCO TOWN C ENTER SP EC IF IC PLAN I A-12 ~ '.Z ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > \JJ. Lj ~ ~ 0 co t'!'j \JJ. Lj co ~ ~ ~ ~ t'!'j ~ ~ ~ ~ t'!'j ~ ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ \JJ. 251 (] I N N +;;... Appe ndix A -En v iro nmental D es ign Featu res I A The TOM Plan shall reduce th e amount of veh icle traffic generated by future development w ithin the Plan Area by shifting office emp loye es from driving alone to using transit, carpooling, cycling, and walking modes through TOM measures, strategies, incenti ves, and policies . The TOM obligation in this measure is to apply for the lifetime of all Plan Area proiects . The TOM Plan shall specify a phased implementation approach that provides initially for implementation of the TOM measures that are appropriate for multi-tenant offices (e.g., measures aimed at increased transit use), which are expected to be developed during the first phase of deve lopment, and then prov ides for more expansive TOM measures that are appropriate for large corporate office tenants in the remaining phases (such as shuttles). The Cupertino Director of Community Deve lopment shall have the authority and discretion to permit modification of the measures provided that the m od ifications continue to achieve the overall trip reduction obiective and/or Cupertino Director of Community Deve lopment is satisfied that all feasible TOM measures are being implemented if the overall trip reduction obiective is not being met . As part of the annual monitoring process, vehicle trip generation estimates, ba se d on the land uses and their sizes, shall be prepared by a transportation professional, w ho shall use the trip generation rates and internalization, public transit ridership reductions, and TOM reductions to create the thresholds . The estimates and thresholds shall be re vie wed and approved by the City's Traffic Engineer. Measures and Strategies The TOM Plan shall identify the ve hicle trip -reducing measures and strategies to be prov ided and implemented by future proiect applicant(s) for office developments within the Plan Area and those to be provided by individual tenants/employers. Some TOM measures and strategies shall be incorporated into the design of the site and the buildings. The following TOM measures should be considered for inclusion in the TOM Plan for some of all portions of the offi ce development, to the extent feasible and appropriate, either as part o f an initial TOM Plan o r as options for enhanced or remedial mea sures if trip reducti o n targets are not met: • Valet bicycle parking • Bike supply vending machines (lights, batteries, locks, tubes , patches, sma ll t oo ls , etc .) • On-site bicycle mechanic • Bi ke share pods / community bike program • To we l and laundry service for on-site showers • Giveaway programs (bicycle , helmet, lock, light, etc .) • Bike to School encouragement and incenti ve program • Adva nced carshare and rideshare matching services, such as real-time matching • Financial i ncenti v es for carpoolers, e.g., gas cards • Subsidized va npoo ls • Su bs id ies for on-demand shared r ide services • Pri va te shuttles for medium-or long-distance commutes • Guaranteed ride home services Automobile Parking Future proiect applicant(s) for office deve lo pment w ithin the Plan Area shall implement aggressive shared parking and parking management programs to more efficiently utilize the available park ing area. App li cant(s) shall provide monitoring of adiacent neighborhoods to identify parking intrusion due to insufficient parking supp ly. VA LL CO TO WN C ENTER SPE CI FI C PLA N I A-13 """ '.2! """ ..,.;i """ > ..,.;i """ < M 3: M > rJl e ~ M ..,.;i 0 c:o M rJl e c:o 3: """ ..,.;i ..,.;i M ~ ~ ~ M (] ..,.;i ~ ~ ..,.;i 0 ..,.;i = M < 0 ..,.;i M ~ rJl 252 () I N N UI A I Appendix A -Environmenta l Design Features Monitoring The TDM Plan shall be monitored annually for the first 10 years from when the first certificate of occupancy is issued to gauge its effectiveness in meeting the thresholds and to make modifications to add, intensify, or change TDM measures. Monitoring shall commence one year after occupancy of the first phase of development. If the monitoring reveals that the trip reduction targets have not been exceeded in the last 3 years of the first 10 years of annual monitoring, the TDM monitoring shall be reduced to once every 2 years. H owever, if any biennial report reveals that the trip thresholds have been exceeded, the monitoring shall revert to annual monitoring until such time that the trip reduction targets have been met for three consecutive annual reports. The TDM Coordinator shall be responsible for implementing monitoring activities consist ing of traffic counts at the driveways to office parking locations , and reporting the results to the City of Cupertino. Traffic counts sha ll be conducted annually using mechanical counters or other devices approved by the City of Cupertino to measure the peak-hour entering and exiting vehicle vo lumes over a 3-day period, Tuesday through Thursday. The counts shall be conducted when schools are in session and during non -holiday weeks with fair weather. Counts w ill be averaged across the three days. The individual drivew ay volumes w ill be summed to provide the total office traffic volumes. The method(s) used to isolate office trips in shared-use parking facilities w ill be based on the site conditions, configuration, and occupancy at the time of the survey and w ill be approved by the City at that time. The vo lumes w ill be compared to the trip thresholds to determine w hether the reduction in veh icle trips is being met for office use . The TOM Coordinator sha ll use the results of the annual vehicle counts to prepare an annual report to be subm itted to the City of Cupertino within 60 days of the vehicle counts presenting progress towards achieving the vehicle trip reduction target. The report sha ll include descriptions of the TDM measures in place, highlights of new or modified measures, summary results of the counts, and a conclusion whether the trip reduction targets are being met. If the morning and afternoon peak- hour trip reduction targets are met, no additional TDM strategies wou ld be required. Remedial Action and Penalties If TDM Plan monitoring results show that the trip reduction target is not being met, future project applicant(s) for projects in the Plan Area w ill begin to accrue a penalty of $5 per trip per weekday that exceeds the peak-hour thresholds, commencing from the first w eekday following the end of the just-concluded count period. If no further action is taken by the project applicant(s), the penalty w ill be payable to the City every four months until the next annual count period (for a total of three payments per year), at w hich time a new count and monitoring cycle w ould start . Future office development project applicant(s) may choose to amend the TOM Plan wi thin 60 days following delivery of the annual report , subject to approval of the Public Works Director. An amendment shall identify changes to be implemented to attempt to meet the target trip reduction, whic h could include replacement and/or additional feasible TDM strategies . If the Public Works Director approves the amended TOM Plan, the penalty accrual shall resume 90 days after approval. However, future project applicant(s) shall have the option of conducting a new set of counts at any time after approval to determine whether the trip reduction target has been met. If the new counts indicate that the trip reduction target has been met, then the penalties accrued for the entire current annual cycle shall be w aived. If the trip reduction target has stil l not been met, then the penalty sha ll be assessed starting from 90 days after approval of the amended TDM Plan, at a rate of $3 per trip per weekday that exceeds the peak-hour thresholds , until the start of the next annual cycle. If the City and future office development project applicant(s) cannot reach agreement on an amended TOM Plan, then the penalty shal l resume accrual at the time the amended TOM Plan is rejected, and the penalty sha ll accrue at a rate of $3 per trip per w eekday that exceeds the peak-hour thresholds. Al l penalty rates wil l be adjusted annually start ing in 2016 according to the Consumer Price Index for Al l Urban Consumers in the San Francisco-Oakland-San Jose area. VA LL CO TOWN C ENTER SPEC IF IC PLAN I A-14 ~ z ~ ~ > ~ ~ < t'!'j ~ t'!'j > rJJ. e ~ t'!'j ~ 0 ~ t'!'j rJJ. e ~ ~ ~ ~ ~ t'!'j ~ ~ ~ ~ t'!'j () ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ rJJ. 253 (j I N N 0-, Appendix A -Environmental D esign Features I A 53. Potential Neighborhood Intrusion: The To w n Center/Community Park applicant and other project applicants for future development shall fund neighborhood traffic monitoring studies and provide fees to implement potential traffic calming improvements to minimize neighborhood traffic if needed. The City of Cupertino Traffic Calming Programs should be considered w hen evaluating traffic calming measures . Prior to the issuance of the first certificate of occupancy, the To w n Center/Community Park applicant and other project applicants for future development shall provide up to $300,000 for the City of Cupertino for potential neighborhood traffic improvements . The monitoring program could include the follow ing items: • Identifying the monitoring areas (road w ays w here the monitoring w ill occur); • Setting baseline conditions (number of parked vehicles and traffic volumes on the road w ays); • Determining thresholds for parking and traffic volume increases requiring action; • Establishing the monitoring schedule ; and • Creating reporting protocols . The baseline conditions shall be established prior to but w ithin l year of initial occupancy. Monitoring w ould then occur annually for 5 years. 54 . Wolfe Road Interchange : Prior to the issuance of certificate(s) of occupancy that triggers a le vel of service equi valent to the existing occupied Vallco Mall le vel of service , the To w n Center/Community Park applicant and other project applicants for future development shall pay $26 million contribution tow ards the planned transportation improvements at the 1-280 and Wolfe Road interchange subject to design optimization based on le vel of service standard, other funding sources, and local match . 55. Queues at Intersection-Lawrence Expressway I Saratoga Avenue, AM Peak, Eastbound Left : To potentially eliminate the need to lengthen the eastbound left turn pocket at this intersection, and prior to the issuance of certificate(s) of occupancy that triggers a le vel of service equi valent to the existing occupied Vallco Mall level of service, the To w n Center/Community Park applicant and oth er proj ect appli cants for future dev el o pment shall evaluate the queue length to confirm if alternati ve signal phasing and/o r geometric improvements w ould achieve le vel of service and queue that is en v ironmentally equivalent to lengthening the eastbound left turn pocket at this intersection . If geometric and/or signal phasing improvements w ould result in an equi valent le vel of service and queue, then lengthening of the left-turn pocket w ould not be required. 56. County Expressway Facilities: Lawrence Expressway : Prior to the issuance of certificate(s) of occupancy that triggers a le vel of se rv ice equi valent to the existing occupied Vallco Mall le vel of service , the To w n Center/Community Park applicant and other project applicants for future development shall pay a fair share contribution tow ards the follo w ing planned transportation improvements along La w rence Express w ay. The fair share shall be calculated as a portion of the total Specifi c Plan percentage fair share and consultation w ith County Roads and Airports Department subject to design optimization ba sed o n le vel of service standard , other funding sources , and local match . • La w rence Express w ay / Homestead Rd • La w rence Express w ay I Pruneridge A ve • La w rence Express w ay / Prospect Rd VALLCO TOWN CENTER SPEC IFIC PLAN I A-15 ~ '.Z ~ ""'3 ~ > ""'3 ~ < t'rj ~ t'rj > \fl ('j ~ ""'3 0 ~ t'rj \fl ('j ~ ~ ~ ""'3 ""'3 t'rj t:; t:; ~ ~ t'rj (j ""'3 ~ ~ ""'3 0 ""'3 = t'rj < 0 ""'3 t'rj ~ \fl 254 Cj I N N -...) A / Appendix A -Env iro nmenta l D esign Features 57 . Sanitary Sewer Conveyance Facilities: Prior to the issuance of occupancy permit(s) for the final construction sequence, the Town Center/Community Park applicant and other project applicants for future development shall demonstrate to the reasonable satisfaction of the Public Works Director that adequate sanitary sewer services are available, 58. Potable Water Supply: Prior to the issuance of building permits, the To w n Center/Community Park applicant and other project applicants for future development shall demonstrate, to the satisfaction of the Public Works Director, that adequate water facilities are available at the time of permit issuance and wi ll continue to be available until time of occupancy. 59 . Potable Water Lines: Prior to the issuance of any grading permits or improvement plans, the To wn Center/Community Park applicant and other project applicants for future deve lopment shall design public wa ter facilities in conjunction wi th the California Water Service Company engineer and City and the City of Cupertino engineer for implementation into the proposed improvements. 60. Recycled Water Lines: Prior to the issuance of any grading permits or improvement plans, the To w n Center/Community Park applicant and other project applicants for future development shall design landscape and irrigation plans utilizing recycled wa ter as a source to meet all non-potable wate r demands as discussed in the Sustainability Strategies element in the Specific Plan . 61. Recycled Water Line Extension: Prior to the issuance of final occupancy permits for 500,000 square feet of office space, the To wn Center/Community Park applicant and other project applicants for future development shall provide to the Director of Public Works a status update of the Santa Clara Valley Wa ter District's Wolfe Road Recycled Water Facilities Project. Once the Wol fe Road Recycled Water Facilities Project is complete north to 1-280 , the applicant shall initiate the design, permitting and construction of the recycled line extension across 1-280 to Wolfe Road at Stevens Creek Boulevard. VA LL CO TOWN CENTER SPECIFIC PLAN I A-16 ~ '.Z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJ). Lj ~ ~ ~ 0 co ~ rJ). Lj co ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Cj ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJ). 255 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS C-228 256 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS EXHIBIT D TO THE INITIATIVE GENERAL PLAN CONSISTENCY CHART 257 ~ I )oo-6 VALLCO TOWN CENTER SPECIFIC PLAN CONSISTENCY WITH THE CITY OF CUPERTINO GENERAL PLAN: COMMUNITY VISION 2015-2040 The Vallco Town Center Specific Plan (Specific Plan) was prepared in conformance with the goals and policies of the City of Cupertino General Plan: Community Vision 2015- 2040, as amended by the Vallee Town Center Specific Plan Initiative (Initiative). In the General Plan Text column, new language inserted by the Initiative is shown as underlined text and language deleted by the Initiative is shown in strikethrough text; language shown in regular or bold type reflects the existing General Plan. As illustrated in the table below, the Specific Plan is consistent with the General Plan, as amended by the Initiative. References to the City of Cupertino General Plan or General Plan in the table below are to the General Plan, as amended. This table has been prepared for informational purposes only. In the event that any text in the Consistency column conflicts with the General Plan (as amended by the Initiative), the Specific Plan, the Municipal Code (as amended by the Initiative), or the Initiative, those authorities control. General Plan Text Consistency Consistent? Land Use and Community Design Element GOAL LU-1: Create a balanced community with a The Specific Plan is consistent with this goal because it fully implements Consistent mix of land uses that supports thriving the mixed-use town center vision described in the City of Cupertino businesses, all modes of transportation, General Plan by providing a mix of uses that are both horizontally and complete neighborhoods and a healthy vertically integrated. The focus of the Specific Plan is planning for the community redevelopment of the Vallco Mall property, which includes Blocks 1 through 12 (together, Town Center or Town Center/Community Park), and the potential future development of Block 14, to remain as parking or parking structure, or possibly as a second hotel and supporting commercial uses . Land uses will include commercial (retail, entertainment, and fitness), residential, office, hotel, public/civic, and parks and open space arranged around Town Squares; concentrating uses in this way encourages pedestrian activity . Community amenity facilities, including a community hub building, an outdoor amphitheater, an event hall, and children's playground will enhance the town center character of and give a unique Cupertino identity to the Plan Area . The Specific Plan envisions a traditional small block, grid neighborhood layout connecting the community (internally and externally) to walkable, pedestrian and bike-friendly streets through paths, promenades, squares/plazas and other public spaces . Two Town Squares, around which ,..... '.Z ,..... ~ ,..... > ~ ,..... < M ~ M > \fl e ~ ~ 0 ~ M \fl e ~ ~ ,..... ~ ~ M ~ ~ ,..... ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \fl 258 General Plan Text Consistency active uses will be centered, will create centers of activity in the Plan Area . To help facilitate alternative transportation and connectivity with other areas of the City, a multi-modal Mobility Hub would accommodate local transit and future Bus Rapid Transit (BRT) line to facilitate and encourage alternative transportation services such as car sharing and bike sharing. Policy LU-1.1: Land Use and Transportation. The Vallco Town Center Specific Plan Area (Plan Area) is located in a Focus higher land use intensities and densities Transit Priority Area . There are existing bus stops adjacent to the property within a half-mile of public transit service, and on Stevens Creek Boulevard and N. Wolfe Road, and additional stops along major corridors. proposed along Stevens Creek Boulevard, N. Wolfe Road, and Vallco Parkway . These higher intensity and density uses are appropriate for a Transit Priority Area. The Specific Plan includes 640,000 square feet of commercial uses; 389 dwelling units including the greater of 80 units, or ~ 20% of the total units, as senior apartments (in compliance with State and I N federal law); 2 million square feet of office space; a publicly accessible Community Park and Nature Area; a multi-modal Mobility Hub, and a High School science and engineering Innovation Center. The General Plan allows 389 units "by right." Additional units may be permitted upon issuance of a Conditional Use Permit. Additional uses within the Plan Area include an approved hotel in Block 13 . Block 14 is currently a parking lot and has been identified as a location for a future parking lot or hotel, or as right-of-way for a direct southbound ramp connection from 1-280 into the Plan Area. Policy LU-1.2: Development Allocation. Maintain The Specific Plan includes 389 dwelling units "by right". The Specific Plan and update the development allocation table requires a Conditional Use Permit for residential units above the 389 (Table LU-1) to ensure that the allocations for number, which is specified in the Housing Element for the Vallco various land uses adequately meet city goals. Shopping District Special Area . Strategy LU-1 .2.1 : Planning Area Allocations. The Specific Plan is consistent with this strategy. The Specific Plan Development allocations are assigned for various identifies 389 dwelling units "by right". The Specific Plan requires a Planning Areas. However, some flexibility may be Conditional Use Permit for residential units above the 389 number allowed for transferring allocations among Consistent? Consistent Consistent Consistent 1-C z 1-C ~ > ~ 1-C < ~ ~ ~ > rJ1 c ~ ~ ~ 0 co ~ rJ1 c co ~ 1-C ~ ~ ~ ~ ~ 1-C ~ ~ Cj ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJ1 259 General Plan Text Planning Areas provided no significant environmental impacts are identified beyond those already studied in the Environmental Impact Report (EIR) for Community Vision 2040 . 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. ~ I (jJ 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 . Strategy LU-1.2.4 : Neighborhood Allocation . Allocate residential units in neighborhoods through the building permit process unless subdivision or development applications are required . Policy LU-1.4: Land Use in all Citywide Mixed- Use Districts. Encourage land uses that support the activity and character of mixed-use districts and economic goals . Consistency specified in the Housing Element for the Vallco Shopping District Special Area . The Specific Plan is consistent with this strategy. The Plan Area, inclusive of the three properties, will have a General Plan land use designation of Val/co Town Center Specific Plan . Table LU-1 of the General Plan Land Use and Community Design Element provides a buildout development allocation for the Vallco Shopping District Special Area : 1.2 million square feet of commercial uses (with a minimum of 600 ,000 square feet of retail uses, of which a maximum of 30 percent may be entertainment uses); 2 million square feet office uses, 339 hotel rooms; and 389 residential dwelling units, provided that a specific plan for the Vallco Shopping District Special Area is adopted by May 31, 2018. Consistent with the General Plan , the Specific Plan includes 2 million square feet of office uses. The Specific Plan is consistent with this strategy and the development assumptions for the Vallco Shopping District Special Area . The Specific Plan will require a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area . The Specific Plan is consistent with this strategy; development projects will be reviewed by the City for substantial conformance with the Specific Plan . The Specific Plan will require a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area . The Specific Plan is consistent with this policy because the Plan Area is identified by the General Plan as a mixed-use district. The General Plan states that "The City envisions a complete redevelopment of the existing Val/co Fashion Mall into a vibrant mixed-use 'town center' that is a focal point for regional visitors and the community. This new Val/co Shopping District will become a destination for shopping, dining and entertainment Consistent? Consistent Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ t'!'j ~ t'!'j > \fl e ~ ~ 0 co t'!'j \fl e co ~ ~ ~ ~ t'!'j ~ ~ ~ ~ t'!'j (j ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ \fl 260 General Plan Text ~ I ,&;;... Strategy LU-1.4.1 : 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 Manta 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 Consistency in the Santa Clara Valley." Further, Goal LU-19 provides : "Create a distinct and memorable mixed-use "town center" that is a regional destination and focal point for the community." In addition to shopping, dining, hotel and entertainment uses, the Plan Area includes residential, office, educational , and recreational uses. One of the objectives of the Specific Plan is to "Create a new development that provides positive economic and fiscal benefits to the City of Cupertino, local school districts, Santa Clara County, and the region as a whole ." As noted in the Specific Plan, the Town Center and Community Park and Nature Area (Town Center/Community Park) represents a nearly $3 billion investment in the Cupertino community and the Silicon Valley region. It is intended to produce substantial net positive economic and fiscal benefits in the form of development fees, property taxes and retail sales taxes over the next several decades . The Specific Plan is consistent with this strategy. The Specific Plan would be an active space, broken into retail, entertainment, office, and residential districts in a mixed-use setting. Elements of an active setting strongly focus on the ground floor to provide pedestrian interaction . The Specific Plan would allow for 640,000 square feet of commercial uses; 389 dwelling units; 2 million square feet of office space; a publicly accessible Community Park and Nature Area; a multi-modal Mobility Hub, and a High School science and engineering Innovation Center. The Plan Area is a Housing Element site . The Specific Plan will require a Conditional Use Permit for residential units above the 389 number, which is specified in the Housing Element for the Vallco Shopping District Special Area . Consistent? Consistent io--c z io--c ~ io--c > ~ io--c < t'rj ~ t'rj > rJJ e ~ ~ 0 co t'rj rJJ e co ~ io--c ~ ~ t'rj ~ ~ io--c ~ t'rj ('] ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ 261 General Plan Text Housing Element, and on non-Housing Element mixed-use sites. Strategy LU-1.4 .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: l. 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 operations of existing uses. 2. The building form is similar to buildings in the area (commercial or office forms). In commercial areas, the building should ~ I u. maintain a commercial interface by providing retail activity, storefront appearance or other design considerations in keeping with the goals of the Planning Area . Consistency The Specific Plan includes publicly accessible open space uses including the Town Squares and the 30-acre Community Park and Nature Area . Community activities in the park may include a large play space and garden for children, indoor and outdoor community meeting spaces, amenities such as a cafe and wine bar, and outdoor amphitheater and performance spaces. The High School science and engineering Innovation Center will be a flexible, multi-use space used by district high school students to build projects together while collaborating with members of the greater community. These uses are in keeping with the goals of the Plan Area, and will be compatible with the patterns of traffic, population, and circulation that will be created through the Specific Plan's implementation of a mixed-use town center vision. The Plan Area would also provide active spaces, broken into retail, entertainment, office, and residential districts in a mixed-use setting . Elements of an active setting strongly focus on the ground floor to provide pedestrian interaction, and will help to maintain a commercial interface with retail activity. For example, variations in the ground level facades (e.g ., recessed entries, the use of arcades) support a more pedestrian-scaled environment by creating the appearance of several smaller buildings rather than a single large building . Additionally, Architectural and Site Review approvals would be required for the Town Center/Community Park and any portions of Block 14 processed as part of the Town Center/Community Park, including design review for consistency with the Town Center Design Guidelines, which will ensure that the building form will be similar to buildings in the area, as well as ensure continuity in storefront appearance and other design considerations. Consistent? Consistent ~ z ~ ""'3 ~ > ""'3 ~ < M ~ M > r:JJ. e ~ ""'3 0 ~ M r:JJ. e ~ ~ ~ ""'3 ""'3 M ~ ~ ~ ~ M (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ r:JJ. 262 General Plan Text Consistency Policy LU-1.5: Parcel Assembly. Encourage parcel The Specific Plan is a regulatory document that establishes the zoning, assembly and discourage parcelization to ensure land use designations, development regulations, and design guidelines for that infill development meets City standards and the Plan Area. The Specific Plan is consistent with this policy because provides adequate buffers to neighborhoods. future development plans or agreements, tract or parcel maps, site plans, or any other approvals relative to the Specific Plan must be consistent with the Specific Plan Chapter 2 : Land Use & Development Standards. Future project applicant(s) will develop the Plan Area according to the Specific Plan under single ownership to the extent possible . Additionally, Architectural and Site Review would be required for the Town Center/Community Park and any portions of Block 14 processed as part of the Town Center/Community Park to ensure that infill development in the Plan Area meets City standards and provides adequate buffers to neighborhoods. Policy LU-1.6: Community Health through Land The Specific Plan, inclusive of the Town Center/Community Park, is ~ I O'\ Use. Promote community health through land consistent with policy because it will create a balanced community with a use and design. mix of land uses including both housing and employment opportunities supported by a multi-modal transportation system including multi-use bike and pedestrian pathways and connections to the City's transit system to encourage an active , healthy lifestyle. The 30-acre Community Park and Nature Area provides uses including public trails, active and passive recreational areas, and open space that can be used for recreation and exercise. Additional recreational amenities would be available to residents within the Plan Area . Policy LU-1.X: Jobs/Housing Balance. Strive for a The Specific Plan is consistent with this policy because it would provide more balanced ratio of jobs and housing units . both employment opportunities and residential development within the boundaries of the Plan Area. The Town Center/Community Park would provide a range of housing types . The mix of land uses would provide opportunities for residents and people in neighboring areas to meet their daily needs proximate to where they live and work. GOAL LU-2: Ensure that buildings, sidewalks, The Specific Plan is consistent with this goal because it contemplates a streets and public spaces are coordinated to coordinated plan for buildings, sidewalks, streets, and public spaces enhance community identity and character specifically designed to create a sense of place within the Plan Area, Consistent? Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ M ~ M > rJJ e g; ~ 0 co M rJJ e co ~ ~ ~ ~ M ~ ~ ~ ::0 M (j ~ t"'"i ~ ~ 0 ~ = M < 0 ~ M ::0 rJJ 263 General Plan Text ~ I .....) Policy LU -2.1: Gateways. Implement a gateway plan for the city's entry points (Figure LU -2) and identify locations and design guidel i nes fo r gateway features . Look fo r opportunities to reflect the gateway concept when properties adjacent to defined gateways are redeveloped. Policy LU-2.2: Pedestrian-Oriented Public Spaces. Requ i re developments 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. Consistency enhancing community identity and character. This vision is carried out in various parts of the Specific Plan : Chapter 2: Land Use & Development Standards ; Chapter 7 : Landscaping & the Public Realm; and Chapter 8 : Town Center Design Guidelines . These chapters of the Specific Plan provide land use, design , and architectural standards to establish a cohesive design while creating a unique Cupertino identity. For example, the Specific Plan recommends that all exterior walls of a building be articulated with a consistent style and use of materials . Chapter 9 : Administration , Implementation & Financing identifies that Architectural and Site Rev i ew requests for the Town Center/Community Park and any portions of Block 14 processed as part of the Town Cente r/Community Park would be reviewed for substantial conformance with the Specific Plan and approved administratively by the City 's Director of Community Development or designee, and may be appealed directly to the City Council. The Spec ific Plan is consistent w ith th is policy . Although the Plan Area is not depicted on Figure LU -2, General Plan Strategy LU -19 .1.10 applies to the Vallco Shopping District Special Area which addresses gateway characte r and states "High -quality buildings with architecture and mate r ials befitting the gateway character of the site . The project should provide gateway sign age and treatment." As a pa rt of the Master Sign Program for the Specific Plan , monument signs can be located at gateway entrances into the Plan Area. Another example is that as a part of the Town Center/Commun ity Pa r k, an oak grove area will be planted with large canopy trees to create an i conic gateway space . The Specific Plan is consistent with this policy because the Plan Area wo uld be an active space , broken into retail , entertainment, office , and residential districts in a mi xed-use setti ng . Elements of an ac t ive setting strongly focus on the ground floor to provide pedestrian interaction . One example is that there would be variations in the ground level facades (e .g., recessed entries, the use of arcades) wh ich support a more pedestrian -scale environment by creating the appea r ance of several smaller buildings rather than a si ngle large building . Office entrances and Consistent? Consistent Consistent ~ :z ~ ~ > ~ ~ < M ~ M > 00 e ~ ~ 0 co M 00 e co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 264 General Plan Text Consistency lobbies would be located at ground level to enhance the active use of the adjacent streets and Town Squares. The Plan Area includes all of the suggested elements noted in the policy, including the Town Squares , parks, outdoor dining, and public art. With respect to public art, several locations are considered including the two Town Squares, along the Stevens Creek Boulevard frontage, and on the Community Park and Nature Area. GOAL LU -3: Ensure that project site planning and Please see the discussion under Goal LU-2 , which discusses how the building design enhance the public realm Specific Plan involves a cohesive design with physical elements designed through a high sense of identity and to enhance community identity and character. connectivity. The Specific Plan achieves connectivity through a variety of features, including multi -use pathways crossing the Plan Area and improvements to the existing sidewalk along the northern, eastern, and western perimeters of the Plan Area to create a shared use (b i cycle and pedestrian) off-street 0 path . The Specific Plan provides that pedestrian and bicycle I 00 improvements will connect to exist i ng and future planned facilities, and provides for a funding contribution for a future planned trail along the south side of 1-280 between De Anza Boulevard and N. Wolfe Road. The Plan Area's unique identity will be created through the rolling hills silhouette of the landscaped roof of the 30 -acre Community Park and Nature Area. The Community Park and Nature Area will meet existing grade along the southwestern edge of the site along Stevens Creek Boulevard, respecting the residential scale and privacy of the Portal neighborhood. It will rise at the center of the site, west of N. Wolfe Road, and then decrease in height east of N. Wolfe Road to unify the 30-acre Community Park and Nature Area at roof level. Accordingly, the Specific Plan identifies maximum roof heights and max i mum building heights by zone, and build i ng heights will generally be higher on the east side of N. Wolfe Road in the Mixed-Use Office/Commercial District (typically between four and six stories up to 95 feet), while most buildings on the west side of N. Wolfe road will be lower Consistent? Consistent ~ '.Z ~ ~ ~ > ~ ~ < t"!'j a: t"!'j > rJJ. e ~ ~ 0 ~ t"!'j rJJ. e ~ a: ~ ~ ~ t"!'j 0 0 ~ ~ t"!'j (j ~ ~ ~ ~ 0 ~ = t"!'j < 0 ~ t"!'j ~ rJJ. 265 General Plan Text Policy LU-3.1: Site Planning. Ensure that project sites are planned appropriately to create a network of connected internal streets that improve pedestrian and bicycle access, provide public open space and building layouts that support city goals related to streetscape ~ I character for various Planning Areas and corridors . \C Policy LU-3.2: Building Heights and Setback Ratios. Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU-1). As indicated in the figure, taller heights are focused on major corridors, gateways and nodes . Setback ratios are established to ensure that the Consistency rise mixed-use commercial and residential buildings, comprised of four- story and some six-story buildings up to 82 feet. These design features represent high-quality architectural design that will help to unify the 30- acre Community Park and Nature Area and ensure a human-scaled neighborhood . Proposed setbacks, street level landscape, and varying building heights will also help to create an interesting landscape and reduce the visual impact on the adjacent neighborhoods and public streets . The Specific Plan is consistent with this policy. The Specific Plan provides that pedestrian and bicycle improvements will connect to existing and future planned facilities, and it provides for a funding contribution for a future planned trail along the south side of 1-280 between De Anza Boulevard and N. Wolfe Road. The existing bicycle network on N. Wolfe Road , Vallco Parkway, and Stevens Creek Boulevard will continue onto the site with additional bike lanes within the new street network. The other internal roads will be shared bike/vehicle lanes . All roadway access points off of the public roadways will include safe pedestrian and bicycle crossings, and will connect to the Plan Area's internal street grid . With respect to streetscape character, the Plan Area is intended to be a walkable community and as such there is an emphasis on ground level architecture, walkways, places for interaction, etc. In addition to the examples provided for Policy LU -2.2, the Town Squares, outdoor dining, and retail kiosk/carts would further enhance the streetscape . Sidewalks will be continuous, accessible, and tree-lined with signalized crosswalks connecting the street grid, wh i ch will support an aesthetically-pleasing streetscape area, as well as be safe and comfortable for users . The Specific Plan is consistent with this policy. Within the Plan Area , height is not parcel-specific; the Specific Plan identifies maximum roof heights and maximum building heights by zone. Generally, building heights will be higher on the east side of N. Wolfe Road in the Mixed-Use Office/Commercial District which is consistent with the policy of focusing taller structures near major corridors . Typically, buildings will be between Consistent? Consistent Consistent ~ z ~ ""'3 ~ > ""'3 ~ < M ~ M > rJJ e ~ ""'3 0 ~ M rJJ e ~ ~ ~ ""'3 ""'3 M ~ ~ ~ ~ M (] ""'3 t'-i ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ rJJ 266 ~ I Jo-" Q General Plan Text desired relationship of buildings to the street is achieved . 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. Strategy LU-3.3.1 : Attracti ve Des ign . Emphasize attractive bu i lding and site design by paying careful attention to building scale , mass , placement, arch itecture, materials, landscaping, sc r eening of equipment, loading areas, signage and other design considerations . Strategy LU -3.3 .2 : Mass and Scale . Ensure that the scale and i nterrelationships of new and old Consistency four and six stories up to 95 feet. Most buildings on the west side of the smaller N. Wolfe Road will be lower rise mixed-use commercial and residential buildings of four-stories with some six -story buildings up to 82 feet. Proposed setbacks , street level landscape , and varying building heights will also help to create an interesting landscape and reduce the visual impact on the adjacent neighborhoods and public streets . Setbacks along the frontage of mixed-use buildings incorporating ground floor retail uses provide wider sidewalks to accommodate greater pedestr i an activity, the display of goods, and to accommodate outdoor seating for food and beverage establishments . These features help to ensure that a desirable relationship of buildings to street is achieved . The Specific Plan is consistent with this policy because, as previously noted, the Town Center/Community Park would have a traditional neighborhood layout that physically connects the community (internally and externally) to walkable, pedest r ian and bike -friendly streets through a va ri ety of paths, promenades , squares/plazas and other public spaces. The Specific Plan also identifies that architecture w ithin the Plan Area should be consistent and compatible with the conte xt of the exi sting commun ity and surrounding ne ighborhood . The Plan Area's unique identity will be created through the rolling hills silhouette of the 30-acre Community Park and Nature Area . Proposed setbacks, street level landscape, and varying bu i lding heights will also help to create an interesting landscape and reduce the visual impact on the adjacent neighborhoods and public st r eets . The Specific Plan is consistent with this strategy th r ough the incorpo r at i on of Town Center Design Gu idelines and Landscaping Guidelines in the Specific Plan . All of the issues noted in the strategy are addressed . The Specific Plan is cons istent with th is strategy because it includes land use , design , and landscape guidelines which were created with Consistent? Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ < M ~ M > rJJ c ~ ~ 0 ~ M rJJ c ~ ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 267 ~ I ,.... ,.... General Plan Text development complement each other. Buildings should be grouped to create a feeling of spatial unity. 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. 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. Consistency consideration given to the relationship and scale of development within the Plan Area to existing development in adjacent areas . The Town Center/Community Park also contemplates grouping certain buildings together, such as mixed-use Retail/Residential buildings, with the goal of creating spatial unity throughout the Plan Area . The Specific Plan is consistent with this strategy, as it includes land use, design, and landscape guidelines, which were created with consideration given to avoiding abrupt transitions with existing development. The Specific Plan notes that abrupt changes in building scale should be avoided . A gradual transition related to height and bulk is incorporated into the design standards between new and existing buildings. For example, the Community Park and Nature Area will meet the existing grade along the southwestern edge of the Plan area along Stevens Creek Boulevard, respecting the residential scale and privacy of existing off-site residences. Mixed-use commercial and residential buildings would be located on the west side of N. Wolfe Road. Mixed-use office, commercial, and civic uses would be located on the east side of N. Wolfe Road. This land use configuration, as well as landscaping, will help to reduce any visual and privacy impacts of the Plan Area development on residential and/or low- intensity uses. The Specific Plan is consistent with this strategy because it implements the mixed -use town center vision described in the General Plan by providing a mix of uses that are both horizontally and vertically integrated. Land uses will include commercial/retail, residential, office, entertainment, and parks and open space arranged around Town Squares . The General Plan permits up to 35 dwelling units per acre in the Plan Area. The Specific Plan envisions a traditional small block, grid neighborhood layout, with residential buildings of four to six stories, connecting the community (internally and externally) to walkable, pedestrian and bike-friendly streets through paths, promenades, squares/plazas and other public spaces. Consistent? Consistent Consistent ~ '.Z ~ ""'3 ~ > ""'3 ~ < M ~ M > r:JJ. e ~ ""'3 0 ~ M r:JJ. e ~ ~ ~ ""'3 ""'3 M ~ ~ ~ ::i= M (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ::i= r:JJ. 268 0 I lo-" N General Plan Text Strategy LU-3.3 .5 : Building Location. Encourage building location and entries closer to the street while meeting appropriate landscaping and setback requirements. 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. 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 building 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 . Consistency The Specific Plan is consistent with this strategy . For example, the Specific Plan recommends that ground-floor commercial uses face the street with one or more public entrances directly from the public sidewalk. Storefronts should be at the same grade as the sidewalk and building zone . Building setbacks along the frontage of mixed-use buildings incorporating ground floor retail uses would have wider sidewalks to accommodate greater pedestrian activity, the display of goods, and to accommodate street furniture (e.g ., benches, bike racks, and trash receptacles) and outdoor dining. The Specific Plan also notes that office entrances and lobbies would be located at ground level to enhance the active use of the adjacent streets and Town Squares . The Specific Plan is consistent with this strategy because it encourages variation and creative articulation of building facades to create diversity . This could include changes in roof heights and vertical planes, as well as changes in building materials . Bu i lding facades should include modulation or articulation to the streetwall. This may be achieved with one or more material , texture o r fenest r ation pattern change, recessed building entries, recessed balconies, enclosed building area , projections, mino r setbacks , or other features . The Specific Plan is consistent with this strategy because it prioritizes streetscape design to increase walkability and biking . Commercial/reta i l, res idential, office, ente rtainment and parks and open space would be located around Town Squares; concentrating uses in this way encourages pedestrian activity. The mixed-use building types with residential and/or office uses would gene r ally i nclude ground floor retail. The Specific Plan also notes that office entrances and lobbies would be located at ground level to enhance the act ive use of the adjacent streets and Town Squares . As previously noted, the first level or building base should have fac;:ade treatments that are scaled to human activity on the street. Lower levels of the building should include changes in materials or changes in fenestration scaled to create a comfortable pedestrian zone . Setbacks along the frontage of mi xed -use bu i ldings incorporating ground floor retail uses would provide wider sidewalks to accommodate greater Consistent? Consistent Consistent Consistent ~ z ~ ~ > ~ ~ < ~ ~ ~ > 00. e ~ ~ ~ 0 eo ~ 00. e eo ~ ~ ~ ~ ~ 0 0 ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00. 269 ~ I """' ~ General Plan Text Strategy LU-3.3.8: Drive-up Services. Allow drive- up service facilities 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. 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, Vallee Shopping District, North and South De Anza corridors and Monta Vista Village . 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 st r eet. Policy LU-3.4: Parking. In surface lots, parking arrangements should be based on the successful operation of buildings; however, parking to the side or rear of build i ngs is des i rable . No visible garages shall be permitted along the street frontage. Above grade structures shall not be located along street frontages and shall be lined Consistency pedestrian activity, the display of goods, and to accommodate outdoor dining . The Specific Plan further notes that recessed doorways, awnings, transparencies, changes in color or materials are encouraged to identify and enhance residential entrances . The Specific Plan is consistent with strategy. Drive-up services are not identified as permitted or conditionally permitted land uses in the Specific Plan. The Specific Plan is consistent with this strategy because it serves as a specific plan and design guidelines for the Special Area identified as the Vallee Shopping District Special Area . The Specific Plan is consistent with this strategy because recessed doorways, awnings, transparencies, changes in color or materials are encouraged to identify and enhance residential entrances, and make them more pedestrian scaled. The Specific Plan is consistent with this strategy. It minimizes surface parking by using subsurface parking structures where feasible. Limited above-grade structures will not be visible as they will be covered and screened by the Community Park and Nature Area or encapsulated within buildings . Above-grade structures will not be located along major street frontages and , where they are located along internal street frontages , they will feature retail, entries, and other active uses on the ground floor. Consistent? Consistent Consistent Consistent Consistent )oooo( ~ )oooo( ~ > ~ )oooo( < t_"!j ~ t_"!j > rJJ. ('j ~ t_"!j ~ 0 co t_"!j rJJ. ('j co ~ )oooo( ~ ~ t_"!j ~ ~ )oooo( ~ t_"!j r') ~ ~ ~ ~ 0 ~ = t_"!j < 0 ~ t_"!j ~ rJJ. 270 ~ I ...... .. General Plan Text with active uses on the ground floor on internal street frontages. Subsurface/deck parking is allowed provided it is adequately screened from the street and/or adjacent residential development. Strategy LU-3.3.X: 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. GOAL LU-4: Promote the unique character of Planning Areas and the goals for community character, connectivity and complete streets in streetscape design -Consistency To the extent feasible, parking structures would be located away from prominent pedestrian areas with entries and stairwells located adjacent to streets or plaza access points . Structures will be designed to be compatible with the architectural character of adjacent buildings, including considerations of style and color, and will support the development of the Plan Area into a high-quality mixed-use town center. Where structures are not feasible, surface parking lots are to be located behind buildings or to the side of buildings, landscaped with trees and other landscaping features to provide screening. The Specific Plan is consistent with this strategy because its land use, design, and landscape guidelines will ensure that the Plan Area's multiple- story buildings will not suffer from privacy intrusion or be overwhelmed by the scale of the buildings. Further, the Specific Plan notes that abrupt changes in building scale should be avoided, a gradual transition related to height and bulk should be achieved between new and existing buildings . The design of the Plan Area as a whole also supports this strategy by locating the lower rise mixed-use commercial and residential buildings on the west side of N. Wolfe Road . Mixed-use office, commercial, and civic uses would be located on the east side of N. Wolfe Road. This design ensures a gradual transition across the Plan Area, as well as from the Plan Area into neighboring residential neighborhoods. The Specific Plan is consistent with this goal because it prioritizes streetscape design to increase walkability and biking, which creates connectivity throughout the Plan Area and supports the creat i on of community character. The first level or building base should have fac;:ade treatments that are scaled to human activity on the street. Lower levels of the building should include changes in materials or changes in fenestration scaled to create a comfortable pedestrian zone. Setbacks along the frontage of mixed-use buildings incorporating ground floor retail uses would provide wider sidewalks to accommodate greater pedestrian activity, the display of goods, and to accommodate outdoor Consistent? Consistent Consistent Jo-( :;z Jo-( ~ Jo-( > ~ Jo-( < t"rj 3: t"rj > rJJ. e ~ t"rj ~ 0 ~ t"rj rJJ. e ~ 3: Jo-( ~ ~ t"rj ~ ~ Jo-( ~ t"rj (j ~ ~ ~ ~ 0 ~ = t"rj < 0 ~ t"rj ~ rJJ. 271 ~ I """" Ul General Plan Text 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. 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. Consistency dining . Si dewalks will be continuous, accessible, and tree-lined with signalized crosswalks connecting the street grid, which will support an aesthetically pleasing streetscape area, as well as be safe and comfortable for users . The Specific Plan is consistent with this policy and the City's Complete Streets policies identified in the General Plan because the Plan Area will have a street network hierarchy for public and private streets : Retail and Entertainment Streets; Office Streets ; Capillary Streets; Perimeter Streets; and Municipal Streets. The classification relates to the location and to the function of the street system and all accommodate vehicular traffic, pedestrian sidewalks, and bike routes . This will provide a newly configured complete street grid hierarchy of streets, boulevards and alleys that is pedestrian-oriented, connects to existing streets, and creates walkable blocks for buildings and open space. The Specific Plan is consistent with this policy. The Town Center/Community Park will retain the majority of the existing healthy trees located along 1-280, N. Wolfe Road , Stevens Creek Boulevard , and the Perimeter Road neighborhood landscaped buffer. Additional trees will be planted. The Landscape Plan for the Plan Area includes streetscape plans that differentiate areas of the project based on type of land use and its adjacent uses. Plans are provided for residential, commercial, and perimeter streetscapes and for the open space edge inclusive of plant materi als, hardscape, furniture , and lighting. Consistent? Consistent Consistent ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJJ. c ~ ~ 0 cc ~ rJJ. c cc ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 272 ~ I ~ O'\ General Plan Text 6 . Provide a transition to rural and semi-rural areas in the city, generally west of Highway 85, with informal planting. GOAL LU-5: Ensure that employment centers and neighborhoods have access to local retail and services within walking or bicycling distance 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 . 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 . ' Consistency The Plan Area is located in a Transit Priority Area and includes walkable connections to existing and planned transit opportunities. Pedestrian and bicycle pathways would be located throughout the area and would connect to external existing and planned connections to the Plan Area . Within the Plan Area, employment, commercial/retail, entertainment, hotel, and recreational uses would be provided. This placement of uses and design of connections will encourage walking and biking throughout the Plan Area , as well as in its vicinity. In particular, the employees in the Plan Area and the neighborhoods around it will have walkable access to the Plan Area's retail and service offerings. The Specific Plan is consistent because the Plan Area would allow for Community Retail uses targeted to local residents and employees . Uses could include specialty food stores, neighborhood retail, personal and professional services, retail stores, and department stores. These uses would be within walking and/or biking distance of patrons. The Specific Plan is consistent with this policy because development would include a mix of uses that are both horizontally and vertically integrated. The Specific Plan would allow for 640,000 square feet of commercial uses; 389 dwelling units; 2 million square feet of office space; a publicly accessible Community Park and Nature Area; a multi-modal Mobility Hub, and a High School science and engineering Innovation Center. The Specific Plan will require a Conditional Use Permit for residential units above the 389 number, which is specified in the Housing Element for the Vallco Shopping District Special Area . Commercial/retail, residential, office, entertainment, and parks and open space would be located around Town Squares; concentrating uses in this way encourages pedestrian activity. The mixed -use building types with residential and/or office uses would generally include ground floor reta i l. Consistent? Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJJ. e ::0 ~ ~ 0 ~ ~ rJJ. e ~ ~ ~ ~ ~ ~ ~ ~ ~ ::0 ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ::0 rJJ. 273 ~ I ~ -....l General Plan Text Policy LU-5.3: Enhance Connections. Look for opportunities to enhance publicly-accessible pedestrian and bicycle connections with new development or redevelopment. GOAL LU -6: Preserve and protect the city's historic and cultural resources Policy LU-6.3: Historic Sites, Commemorative Sites and Community Landmarks. Projects on Histori c Sites , Commemorative Sites and Community Landmarks shall provide a plaque , Consistency The Plan Area includes walkable connections to existing and planned transit opportunities. Pedestrian and bicycle pathways would be located throughout the area and would connect to existing and planned connections external to the Plan Area to encourage interaction with neighboring businesses and residences . This mix of active uses, arranged around Town Squares and connected to the rest of the Plan Area and the surrounding neighborhoods, will help to create an inviting pedestrian environment. The Specific Plan is consistent with this policy. As noted in the discussion for Policy LU 4.1, pedestrian and bicycle improvements in the Plan Area will be constructed to connect to external existing and future planned facilities . These improvements include a trailhead connection on N. Wolfe Road ; intersections and intersection improvements to accommodate pedestrian and bike traffic without vehicular conflicts ; and continuous sidewalks . Within the Plan Area , bicycle striping, green bike lanes , and bike boxes w i ll highlight the presence of a multi-modal street network. The Specific Plan is consistent with this goal. The Plan Area does not contain histo r ic or cultural r esources listed or qualified fo r listing unde r the California Register of Histo ri c Resou rces (CRHC) o r the Nat i onal Register of Historic Places (NRHP). However, the Vallco Shopping Dist r ict is identified in the General Plan as a Community Landmark. Additionally, the City's Municipal Code designates the Vallco Freeway-Oriented Sign as a Landmark Sign . The Specific Plan will comply with Policy LU-6 .3 regarding Community Landmarks and the provisions of Municipal Code regarding landmark signs. There ar e no known archaeolog i cal or paleontological resources in the Plan Area . The Specific Plan requires archaeological and paleontological monitors during ground-disturbing activities . The Specific Plan is consistent with this policy because Town Center/ Community Park would include a plaque , reader board and/or other educational tools to provide info r mation regarding the Vallco Shopping District Special Area. Consistent? Consistent Consistent Consistent ~ :z ~ ,..., > ,..., ~ < M ~ M > \Fl e ~ M ,..., 0 eo M \Fl e eo ~ ~ ,..., ,..., M ~ ~ ~ ~ M ~ ,..., r ~ ,..., 0 ,..., = M < 0 ,..., M ~ \Fl 274 ~ I ~ 00 General Plan Text 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. 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. Policy LU-6.7: Heritage Trees. Protect and maintain the city's heritage trees in a healthy state . Strategy LU-6.7.1 : Heritage Tree List. Establish and periodically revise a heritage tree list that includes trees of importance to the community. Policy LU-6.8: Cultural Resources. Promote education related to the City's history through public art in public and private developments. GOAL LU-7: Promote a civic environment where the arts express an innovative spirit, cultural diversity and inspire community participation Consistency The Vallco Freeway-oriented Sign is designated as a Landmark Sign in the Municipal Code . The Specific Plan includes a Signage Program that is in compliance with the Municipal Code . While the Vallco Shopping District is a Community Landmark, it is not a Historic or Commemorative Site, and this policy is inapplicable . Nonetheless, the Specific Plan provides for the installation of a plaque, reader board, and/or other educational tools to provide information regarding the history of the Vallco Shopping District Area for public education and enjoyment. The Specific Plan is consistent with this policy . There are no heritage trees within the Plan Area. The Specific Plan is consistent with this strategy. As it applies to the Specific Plan, there are no heritage trees within the Plan Area . The Specific Plan is consistent with this policy because it will provide locations for temporary and permanent art installations that will be accessible to the publ i c. The plaque and/or other educational components to be included for education regarding the Vallco Shopping District will be designed to be aesthetically pleasing and contribute to the Plan Area as a public art component. The Specific Plan is consistent with this goal in two ways. First, it will provide permanent and temporary public art throughout the Plan Area. Public art may include sculptures, painting/murals, mosaics, or functional artwork and may be located in the Town Squares, the Stevens Creek Boulevard frontage, and within the Community Park . Consistent with the Consistent? Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < M s= M > 00 e :;c M ~ 0 ~ M 00 e ~ s= ~ ~ ~ M ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M :;c 00 275 ~ I """" \0 General Plan Text Policy LU-7.1: Public Art. Stimulate opportunities for the arts through development and cooperation with agencies and the business community. Strategy LU -7.1.3 : Artist Workspace. Encourage the development of artist workspace , such as live/work units, in appropriate location in the city . GOAL LU-8: Maintain a fiscally sustainable city government that preserves and enhances the quality of life for its residents, workers and visitors Policy LU-8.1: Fiscal Health. Ma i ntain and improve the City 's long -term fiscal health . Consistency Municipal Code , all artwork will be reviewed by the City of Cupertino Fine Arts Commission as part of Architectural and Site Review for the Town Center/Community Park and any portions of Block 14 processed as part of the Town Center/Community Park . Second, the High School science and eng i neering Innovation Center will provide a flexible, multi-use space used by district high school students to bu i ld projects together while collaborating with members of the greater community. The Specific Plan is consistent with this policy as it will provide venues for the arts . Fo r example , the Commun ity Park and Nature Area would provide public spaces that could be uses for public performances and cultural festivals . The Specific Plan is consistent with this strategy. The Specific Plan notes that live -work opportunities in the Plan Area is a sustainability benefit. The Specific Plan is consistent with this goal as it provides for the redevelopment of an aging, unde r performing shopping mall with significant vacancies. In particular, the Town Center/Community Pa r k represents a nearly $3 billion i nvestment in the Cupert i no community and the Silicon Valley region. It is intended to produce substantial net positive economic and fiscal benefits in the form of development fees, property taxes and retail sales taxes over the next several decades. The Specific Plan is consistent with this policy because it represents an i nvestment in the community intended to produce substantial net positive economic and fiscal benefits in the form of development fees, property taxes and retail sales taxes over the next several decades . Community amenity facilities within the Community Park and Nature Area include but are not limited to a community hub building, a banquet/event hall, an outdoor amphitheater, a children 's playground , and a minimum of 3.8 miles of pedestrian trails with associated fitness stations . Consistent? Consistent Consistent Consistent Consistent ~ z ~ ~ > ~ ~ < M ~ M > rJ). e ~ ~ 0 co M rJ). e co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ). 276 ~ I N 0 General Plan Text Policy LU-8.2: Land Use. Encourage land uses that generate City revenue. 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 . 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 . 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 . Strategy LU -8.3.3: Infrastructure and Streetscape Improvements. Cons i der infrastructure and streetscape improvements i n areas, such as the Crossroads or South Vallco area to encourage redevelopment as a pedestrian-oriented area that meets community design goals . Strategy LU-8.3.4: High Sales-Tax Producing Retail Uses . Consider locations for high sales-tax Consistency The Specific Plan is consistent with this policy as the Specific Plan encourages a mix of land uses that would provide the City with development fees, property taxes and retail sales taxes . The Specific Plan is consistent with this policy because as a mixed -use development, office, commercial , and residential uses are permitted. The Plan Area is identified as a Priority Housing Element Site (Site A2) in the City's General Plan Housing Element. The Specific Plan will require a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area. The Specific Plan is consistent with this strategy because it would implement the City's vision for the Vallco Shopping District Special Area. Chapter 2, Planning Areas, of the General Plan states "The City envisions this area as a new mixed -use 'town center' and gateway for Cupertino ." The mix of retail , dining, entertainment, recreation, offices, housing, hotel, education, civic, open space, and public amenities will represent a major investment in the area and will yield tax revenues for the City. The Specific Plan is consistent with this strategy, as it will comply with the City of Cupertino Municipal Code that includes accommodation for shared parking. Additional Specific Plan parking reduction strategies including traffic demand management strategies and provisions are described in Chapter 4: Mobility & Connectivity of the Specific Plan and include shared parking reduced parking combined with the provision of increased walkability and bicycle travel. The Specific Plan is consistent with this strategy. Both infrastructure upgrades and streetscape improvements are required and provided for in the Specific Plan . Through its concentration of uses around Town Squares, connectivity network, and other design features, the Specific Plan provides for the development of the Plan Area into a pedestrian-oriented community . The Specific Plan is consistent with this strategy . The General Plan goals , policies, and strategies include those specific to the Vallco Shopping Consistent? Consistent Consistent Consistent Consistent Consistent ~ z ~ ~ > ~ ~ < M ~ M > rJJ. e ~ M ~ 0 ~ M rJJ. e ~ ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 277 ~ I N ~ General Plan Text 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. 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. GOAL LU-9 : Promote a strong local economy that attracts and retains a variety of businesses Policy LU -9.1: Collaboration with Business Community . Collabo r ate with the business community to facilitate growth, development and infrastructure improvements that benefit residents and businesses . Strategy LU-9.1 .2 : Partnerships . Create partnersh i ps between the City and other public, private and non -profit organizations to provide improvements and services that benefit the community. Consistency District Special Area . The City's General Plan calls for a complete revitalization of the Plan Area into a "vi brant mixed -use town center" that would be a focal point for regional visitors and the community. The Plan Area would become a destination for shopping, dining, and enterta i nment in the City . The Plan Area will have a General Plan land use designation of Val/co Town Center Specific Plan. The Specific Plan includes a mix of land uses includ i ng but not limited to high sales tax-producing comme r cial/retail uses, as well as residential, office, and ente r tainment uses . The Specific Plan is consistent with this policy because its implementation requires future project applicant(s) to assure that all on -site and off-site infrastructure, facilities, and services (improvements) required by the Specific Plan are installed, constructed, and completed prior to or concurrent with need. The Specific Plan is consistent with this goal because it will implement the City 's vision for the revitalization of the Vallco Shopping District Special Area into a mixed-use town center that will attract a variety of businesses in the form of retail , office, and comme r cial uses . The Specific Plan is consistent with this policy . The Specific Plan implements the City 's General Plan vision for complete revitalization of the Plan Area into a "vibrant mixed-use town center" that would be a focal point for regional visitors and the community. The Specific Plan is consistent with this strategy by providing public benefits and improvements including but not limited to the High School science and engineering Innovation Center, space dedicated to the local adult education program , and space dedicated to local non -profit and civic organizations. Other commun ity benefit uses would include amenities i ncluded in the Community Park and Nature Area including playgrounds, a minimum of 3.8 miles of pedestrian trails , and a playground . Consistent? Consistent Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ < M a: M > 00 d ~ M ~ 0 ~ M 00 d ~ a: ~ ~ ~ M ~ ~ ~ ~ M (] ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 278 ~ I N N General Plan Text 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 mun i cipal revenues, contribute to economic vitality and enhance the City's physical environment. 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 . 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. 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 . Consistency The Specific Plan is consistent with this strategy because it encourages new businesses in the form of new retail , commercial, and office uses . As noted in the Specific Plan, the Town Center/Community Park represents a nearly $3 billion investment in the Cupertino community and the Silicon Valley region. It is intended to produce substantial net positive economic and fiscal benefits in the form of development fees , property taxes and retail sales taxes over the next several decades. The Specific Plan is consistent with this strategy because a minimum of 100,000 square feet w i ll be set aside for incubator, co -work space and/or multi-tenant spaces for sta r t -ups , mid -sized companies and/or new and emerg i ng technologies,_ with a preference for local companies. Additionally, the High School science and engineering Innovation Center will serve as an incubator for student inventions, plans , and ideas . The Specific Plan is consistent with this policy as it will provide up to 2 million square feet of office space that can serve incubator, startup, emerging, and established companies. Within the Plan Area, Specific Plan land uses include a mix of uses including retail, dining, entertainment, recreation , offices, housing, hotel, education , civic , open space , and public amenities , which will encourage wel l-being by promoting walkability and a sense of community. The Specific Plan is consistent with this strategy . The Specific Plan envisions a traditional neighborhood layout connecting the community (internally and externally) to walkable, pedestrian-and bike -friendly streets through paths, promenades, squares/plazas and other public spaces. The Specific Plan provides a mix of uses that are both horizontally and vertically integrated . Land uses will include commercial/retail, residential, office, entertainment, and pa r ks and open space arranged around Town Squares . This placement of uses and design of connections will enable and encourage employees to walk and bike to retail and services throughout the Plan Area, as well as in its vicinity . The Specific Plan also notes that office entrances and lobbies would be located at ground level to enhance the active use of the adjacent streets and Town Squares . Consistent? Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ ~ 0 ~ M rJJ. e ~ ~ ~ ~ ~ M ~ ~ $3 M Cj ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 279 ~ I N ~ General Plan Text 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 . GOAL LU-11: Maintain and enhance community access to library and school services provided by other agencies 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. 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 . Consistency The Specific Plan is consistent with strategy because it provides facilities and amenities within the Plan Area available and walkable to employees and employees. The Specific Plan is consistent with this goal. For example, the City, VTA, property owners and/or corporate employers in the Plan Area will partner to fund a free community shuttle for Cupertino residents and employees to connect destinations within the community, such as the Cupertino Library, Civic Center, Memorial Park, the local community college, one or more high schools, the adjacent tech campuses, and more . As a part of the Specific Plan, a High School science and engineering Innovation Center would be constructed in the Plan Area. The Specific Plan is consistent with this policy as it will incorporate a multi-modal transportati on system including multi-use bike and pedestrian pathways within the Plan Area and connections to the City's trans it system , which will encourage an active, healthy lifestyle. Additionally, the Plan Area will include a minimum of 3 .8 miles of pedestrian trails through the Community Pa r k and Nature Area. The free community shuttle for residents and employees could connect community destinations including the Cupertino Library, Civic Center, Memorial Park, local community college , and one or more high schools. The Specific Plan is consistent with this policy. The Plan Area is located in a developed area approximately 8 miles south of San Francisco Bay in the Santa Clara Valley on nearly flat valley floor alluvial deposits . The existing ground surfaces slopes generally i n a northerly direction, with elevations ranging from approximately 169 feet above mean sea level (msl) to 199 feet above msl. In the vicinity of the Plan Area, views of the Santa Cruz Mountains are limited to along Stevens Creek Boulevard; land uses within the Plan Area would not block these views . Implementation of the Specific Plan would provide views of the Santa Cruz Mountains from the Community Park and Nature Area. Consistent? Consistent Consistent Consistent Consistent ~ '.Z ~ ~ > ~ ~ < t!!'j ~ t!!'j > rJl e ~ ~ 0 co t!!'j rJl e co ~ ~ ~ ~ t!!'j ~ ~ ~ ~ t!!'j (j ~ r ~ ~ 0 ~ = t!!'j < 0 ~ t!!'j ~ rJl 280 0 I N """ General Plan Text Vallee Shopping District Special Area GOAL LU-19: Create a distinct and memorable mixed-use "town center" that is a regional destination and a focal point for the community. Policy LU-19.1 : Specific Plan. Create a Vallco Shopping District Town Center Specific Plan prior to any development on the site that lays out the land uses, design standards and guidelines, and infrastr ucture improvements required . The Specific Plan w i ll be based on the following strategies : Strategy LU-19.1.1 : Master Developer. Redevelopment will require a master developer in order r emove the obstacles to the development of a cohesive district with the h ighest levels of urban design. Strategy LU-19.1 .2 : Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prio r to adding r esidential Consistency As previously addressed , the Specific Plan is consistent with th is goal because it fully implements the mixed -use town center v i sion identified in this goal by providing a mix of uses that are both horizontally and vertically integrated, creating a focal point for the community. Land uses will include commercial/retail, residential , office, entertainment, and parks and open space arranged around Town Squares ; concentrating uses in this way encourages pedestr i an act iv ity. Community facility uses are a part of the Specific Plan to enhance the town center character of and give a unique Cupertino identity to the Plan Area . The Specific Plan envisions a trad itional neighbo r hood layout connecting the community (internally and externally) to walkable, pedestrian and bike-friendly streets through paths, promenades, squares/plazas and other publ i c spaces . Additionally, the 30-ac r e Community Park and Nature Area will be a d ist i nctive architectural and sustainable feature that will not only p r ovide benefits to the community but will also help to make the Plan Area a regional desti nation. The Specific Plan has been prepared and addresses all of the mandates set forth in this policy. The Initiative changes the name of the Specific Plan . The Specific Plan is consistent with this strategy . Future project applicant(s) will develop the Plan Area according to the Specific Plan 's vision under unified ownership to the extent possible . The Specific Plan is consistent with this strategy, as amended by the Initi ative , because future project applicant(s) will develop the Plan Area Consistent? Consistent Consistent Consistent Cons istent ~ :z ~ ""'3 ~ > ""'3 ~ < M ~ M > \JJ. e ~ M ""'3 0 ~ M \JJ. e ~ ~ ~ ""'3 ""'3 M 0 0 ~ ~ M (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ \JJ. 281 0 I N U"I General Plan Text and office uses . Parcelization is highly discouraged in order to preserve the site for redevelopment in the future, unless parcelization includes adeguate protective measures to provide incentives and guidelines for cooperation among owners. Strategy LU-19.1.3: 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 . Strategy LU-19.1.4 : Land use . To carry out the City's vision for a vibrant mixed-use "town center," the Vallco Town Center Specific Plan shall reguire a mix of the following uses on the site +he f:ellewiRg l:lses aFe alleweel eR the site (see Figure LU-1 for residential densities and criteria): 1. Retail: High-performing retail, restaurant and entertainment uses. 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 . 2. Hotel : ERcel:lFage Provide a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor. 3. Residential: A+lew Maintain residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals, couples and active seniors who like Consistency according to the Specific Plan under single ownership to the extent possible . The Specific Plan is consistent with this strategy because it is a comprehensive regulatory document that establishes the zoning, land use designations, development regulations, and design guidelines for the Plan Area . Future development plans or agreements, tract or parcel maps, site plans, or any other approvals relative to the Specific Plan must be consistent with the Specific Plan Town Center Design Guidelines. The Specific Plan is consistent with this strategy, as amended by the Initiative, because it will allow for the development of 640,000 square feet of commercial uses (inclusive of 600 ,000 square feet of retail and 40,000 square feet of fitness uses); 389 dwelling units; 2 million square feet of office space; the 30-acre Community Park and Nature Area; a multi-modal Mobility Hub, and a High School science and engineering Innovation Center. The Specific Plan will require a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area. The Specific Plan envisions a traditional neighborhood layout connecting the community (internally and externally) to walkable, pedestrian -and bike-friendly streets through paths, promenades, squares/plazas and other public spaces . Office entrances and lobbies would be located at ground level to enhance the active use of the adjacent streets and Town Squares . The contiguous Block 13 property has been approved by the City for development with a hotel. Block 14 has been identified as a possible location for future development with a hotel ; however, no project applications have been submitted and no development is proposed for this property at this time . Consistent? Consistent Consistent ~ z ~ ~ ~ > ~ ~ < tr1 ~ tr1 > rJl cj ~ ~ 0 ~ tr1 rJl cj ~ ~ ~ ~ ~ tr1 0 0 ~ ~ tr1 (j ~ ~ ~ ~ 0 ~ = tr1 < 0 ~ tr1 ~ rJl 282 ~ I N 0\ General Plan Text to live in an active "town center" environment. The residential comQonent of the Qroject shall dedicate the greater of 80 units, or 20% of the total units, as senior housing (in comQliance with state and federal law). 4 . Office: ~Rcot:Jrage Maintain high-quality office space arranged in a pedestrian-oriented street grid with active uses on the ground floor, publicly-accessible streets and plazas/green space. A minimum of 100,000 sguare feet shall be set aside for incubator, co-work SQace andlor multi-tenant SQaces for start-UQS, mid-sized comQanies andlor new and emerging technologies, with Qreference for local comQanies . 5 . Public, Quasi-Public, 0Qen SQace and Parks : Reguire QroQert'i owner{s) to Qrovide generous amounts of Qarks and OQen SQace, educational facilities, communit'i gathering SQaces, civic uses, Qublic art, and communit'i event SQaces . In addition, the following uses are allowed on the site, although not reguired : Amenities : Amenities that are comQlementar'i or ancillar'i to an'i of the Qermitted uses, such as, but not limited to, cafeterias, lobbies, communit'i halls or meeting SQaces are also Qermitted. Strategy LU -19.1.5 : "Town Center" layout. Create streets and blocks laid out using "transect planning" (appropriate street and building types for each area), which includes a discernible center and edges, public space at center, high Consistency Consistent? The Specific Plan is consistent with this strategy because the project has Consistent been designed to implement the mixed-use town center vision as described in Goal LU-19. The Specific Plan provides for a traditional neighborhood layout that connects the community both within and outside of the Plan Area to walkable, pedestrian-and bike -friendly streets through a variety of paths, promenades, squares/plazas and other public ~ '.Z ~ ~ ~ > ~ ~ < t_'!'j ~ t_'!'j > rJJ. e ~ ~ 0 cc t_'!'j rJJ. e cc ~ ~ ~ ~ t_'!'j ~ ~ ~ ~ t_'!'j ('] ~ ~ ~ ~ 0 ~ = t_'!'j < 0 ~ t_'!'j ~ rJJ. 283 0 I N -......) General Plan Text Consistency quality public realm, and land uses appropriate to I spaces, arranged in accordance with the principles of transect planning. the street and building typology. Two Town Squares, around which active uses will be centered, will create centers of activity in the Plan Area . The grid street network will implement the best practices of a vibrant pedestrian core with land uses appropriate to the street and building typology while providing the density and overlapping programming that is commonly found in successful town center projects. Strategy LU -19.1.6: 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~ shall 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. Any project that fully redevelops the existing mall in the Vallco Shopping District shall also fund transportation and transit infrastructure that provides effective traffic solutions, including providing approximately $30 million toward planned transportation improvements at the 1-280 and Wolfe Road interchange and other 1-280 segments, partnering with local employers and transit agencies to provide a free The Specific Plan is consistent with this strategy, as amended by the Initiative . The Plan Area is located within a Transit Priority Area . To help fac i litate alternative transportation and connectivity with other areas of the City, a multi-modal Mobility Hub would accommodate local transit and future BRT . The Plan Area will have a street network hierarchy for public and private streets : Retail and Entertainment Streets; Office Streets; Capillary Streets; Perimeter Streets; and Municipal Streets . The classification relates to the location and to the function of the street system and all accommodate vehicular traffic, pedestrian sidewalks, and bike routes . This will provide a newly configured complete st r eet grid hiera r chy of streets , boulevards and alleys that is pedestrian-and bicycle -oriented, connects to existing streets, and creates walkable blocks for buildings and open space . It will provide multi-modal pathways to provide pedestrian and bicycle access within the Plan Area and connections to existing and planned pathways i n vicinity . In addition to the multi-use pathways crossing the Plan Area , other examples of connectiv ity include improvements to the existing sidewalk along the northern, eastern, and western perimeters of the Plan Area to create a shared use (bicycle and pedestrian) off-street path . Consistent? Consistent ~ '.2! ~ ~ > ~ ~ < trj ~ trj > 00 e :::c trj ~ 0 cc trj 00 e cc ~ ~ ~ ~ trj 0 0 ~ :::c trj (j ~ ~ ~ ~ 0 ~ = trj < 0 ~ trj :::c 00 284 c I N QO General Plan Text communit':i:'. shuttle, 12roviding an on -site transit center andLor mobilit':i:'. hub, and imQlementing a trans12ortation demand management Qian with an overall target of reducing office-generated weekda':i:'. 12eak hour triQS b':i:'. 30 12ercent below aQQlicable Institute of Trans12ortation Engineers Office Use triQ generation rates . This trans12ortation and transit funding obligation shall not aQQl':i:'. to an':i:'. hotel Qroject. Strategy LU-19 .1.7: 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 Rosebowl and Main Street. Strategy LU -19.1.8: 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 . Consistency The Specific Plan is consistent with this strategy because intersections will be designed to accommodate vehicle, pedestrian, and bike traffic at key locations. For example, a new intersection at N. Wolfe Road and 2nd Street will provide an east-west bidirectional bike lanes along the south edge that allows bicyclists and pedestrians to cross without conflicts with southbound vehicles turning left from N. Wolfe Road to 2nd Street and westbound vehicles turning right from 2nd Street to N. Wolfe Road . Crossings will be clearly marked to connect the shared path with the internal street grid. The majority of existing healthy trees along N. Wolfe Road would be retained . As a part of the Specific Plan, the north side of Stevens Creek Boulevard would have a new pedestrian pathway; the majority of existing healthy trees would be retained. The existing road alignment would not change . Rosebowl refers to an existing multi-family residential development at the southeast corner of the intersection of N. Wolfe Road at Vallco Parkway . There are existing bikeways on both N. Wolfe Road and Vallco Parkway . The Specific Plan is consistent with this strategy because there will be two publicly accessible Town Squares, located on each side of N. Wolfe Road . Town Square West will be a plaza serving as a the focal point for community events and a gathering space in support of the surrounding retail, entertainment, and residential uses . Town Square East will be a passive park serving as an amenity for the adjacent office and commercial Consistent? Consistent Consistent ~ z ~ ~ ~ > ~ ~ < M ~ M > rJJ e ~ ~ 0 co M rJJ e co ~ ~ ~ ~ M c c ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 285 ~ I N \0 General Plan Text Strategy LU-19.1 .9: 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 . Strategy LU -19.1.10: Gateway character. High- quality buildings with architecture and materials befitting the gateway character of the site . The project should provide gateway signage and treatment. Consistency uses . The Plan Area will contain numerous other open spaces, including the 30-acre Community Park and Nature Area. The Specific Plan is consistent with this strategy. The Plan Area's unique identity will be created through the rolling hills silhouette of the 30-acre Community Park and Nature Area. The Community Park and Nature Area will be a distinctive architectural and sustainable feature that will not only provide benefits to the community, but will also help to make the Plan Area a regional destination . Proposed setbacks, street level landscape, and varying building heights will also help to create an interesting landscape and reduce the visual impact on the adjacent neighborhoods and public streets. The Specific Plan identifies maximum roof heights and maximum building heights by zone, and building heights will generally be higher on the east side of N. Wolfe Road in the Mixed-Use Office/Commercial District (typically between four and six stories up to 95 feet), while most buildings on the west side of N. Wolfe road will be lower rise mixed use commercial buildings, comprised of four-story and some six-story buildings (up to 82 feet at the highest point). These design features represent high-quality architectural design that will help to unify the 30-acre Community Park and Nature Area and ensure a human-scaled neighborhood without abrupt transitions into the surrounding areas . Proposed setbacks, street level landscape, and varying building heights will also help to create an interesting landscape and reduce the visual impact on the adjacent neighborhoods and public streets. The Specific Plan is consistent with this strategy because it will provide high-quality architecture and construction that will support the gateway character of the Plan Area. For example, as a part of the Town Center/Community Park, an oak grove area will be planted with large canopy trees to create an iconic gateway space and to serve as visual buffer to the adjacent private residential neighborhood . The 30 -acre Consistent? Consistent Consistent ...... z ...... ~ ...... > ~ ...... ~ ~ M > rJJ. e ::0 M ~ 0 ~ M rJJ. e ~ ~ ...... ~ ~ M ~ ~ ...... ::0 M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ::0 rJJ. 286 General Plan Text Strategy LU-19 .1 .11 : 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. 0 I (.H 0 Strategy LU-19.1.12: 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 high -quality "town center" environment. Consistency Community Park and Nature Area will also be a unique example of high- quality architecture. Freestanding identity signs will be located at the entries to the Town Center/Community Park facing the arterial streets that front the property. These signs may be the Town Center/Community Park identity signs or may include major tenant names, which will create a cohesive sense of place appropriate to the gateway character of the site. The Specific Plan is consistent with this strategy because it includes a sequencing plan that provides for the early construction of community- desired elements including retail and entertainment uses . Although the Specific Plan will be implemented over several years, the sequencing plan stipulates that undeveloped areas for future development would be landscaped to include other attractive low maintenance improvements, and to be secured and maintained . The Specific Plan also identifies the on-site and off-site improvements, the timing for these improvements, and a description of the allowable financing mechanisms . The Specific Plan is consistent with this strategy. It minimizes surface parking by using subsurface parking structures where feasible. Limited above-grade structures will not be visible as they will be covered and screened by the Community Park and Nature Area or encapsulated within buildings . Above-grade structures will not be located along major street frontages and, where they are located along internal street frontages, they will feature retail, entries, and other active uses on the ground floor. To the extent feasible, parking structures would be located away from prominent pedestrian areas with entries and stairwells located adjacent to streets or plaza access points . Structures will be designed to be compatible with the architectural character of adjacent buildings, including considerations of style and color, and will support the development of the Plan Area into a high-quality mixed -use town center . Consistent? Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > 00 ('j ~ t'rj ~ 0 ~ t'rj 00 ('j ~ ~ ~ ~ ~ t'rj 0 0 ~ ~ t'rj n ~ r ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ 00 287 General Plan Text Strategy LU-19.1.13: Trees. Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when new development are proposed . ~ I (.H """" Strategy LU -19.1 .14: Neighborhood buffers. Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single-family residential areas from visual and noise impacts. Strateg't. LU-19 .1.15: Green Roo[and Rec't_c/ed Water. To further enhance and com1::1lement the 01::1en s1::1ace reguirements set forth in Strategy LU-19 .1.8 and to 1::1rovide an exceQtional community benefit, a 1::1ublicly accessible green roof is reguired for the 1::1ortion of a 1::1roject that fully redevelo1::1s the existing mall within the Vallco ShOQQing District. The green roof shall be Consistency Where structures are not feasible, surface parking lots are to be located primarily behind buildings or to the side of buildings, and landscaped with trees to provide screening . The Specific Plan is consistent with this strategy because of the approximately 895 trees associated with The Mall property, the majority of the healthy trees will be retained as discussed in Chapter 2: Land Use & Development Standards and Chapter 7: Landscaping & the Public Realm of the Specific Plan . In particular, retention of the existing mature trees is a priority and a significant component of the landscape screening between the Town Center/Community Park and the adjacent residential neighborhood . As a part of the Specific Plan, additional trees would be planted resulting in a net increase of trees . The Specific Plan identifies the existing and conceptually proposed locations for trees including along street frontages and in medians. The Specific Plan is consistent with this strategy. For example, existing healthy trees along Perimeter Road that serve as a neighborhood landscaped buffer would be retained. Additional trees will be planted . The oak grove area will be planted with large canopy trees to create an iconic gateway space and to serve as visual buffer to the adjacent private residential neighborhood. Further, as discussed above, the rolling hills silhouette of the 30-acre Community Park and Nature Area will help to create appropriate transitions to surrounding neighborhoods. The Specific Plan's proposed setbacks, street level landscape, and varying building heights will also help to create an interesting landscape and reduce the visual impact on the adjacent neighborhoods and public streets . The Initiative provides for this strategy, which supplements other General Plan strategies for water conservation . The Specific Plan is consistent with this strategy because it provides for the 30-acre Community Park and Nature Area, will utilize recycled water and drought-tolerant and native landscaping, and provides for the extension of recycled water service to the Plan Area . Consistent? Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ ~ ~ ~ > rJJ e ::0 ~ ~ 0 ~ ~ rJJ e ~ ~ ~ ~ ~ ~ ~ ~ ~ ::0 ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ::0 rJJ 288 ~ I tH N General Plan Text at least 30 acres in size with a minimum of 3.8 miles of QUblicll'. accessible trails. To minimize the water demand associated with a green roof, the use of rec}'.cled water and drought tolerant and native landscaQing that thrives on little to no irrigated water will be utilized. To meet this obligation, future rec}'.cled water service shall be extended to the Vallco ShOQQing District bl'. the develoQer . These reguirements shall not aQQll'. to an}'. hotel Qroject. GOAL HE-1: An adequate supply of residential units for all economic segments Policy HE-1.1: Provision of Adequate Capacity for New Construction Need. Designate sufficient land at appropriate densities to accommodate Cupertino's Regional Housing Needs Allocation of 1,064 units for the 2014-2022 projection period . Policy HE-1.2: Housing Densities. Provide a full range of densities for ownership and rental housing. Consistency Housing Element The Specific Plan is consistent with this goal through the provision of 389 residential units "by right". Of the 389 units, the greater of 80 units, or 20% of the total units, will be senior market-rate apartments (in compliance with State and federal law). The residential apartments will comply with the City of Cupertino's Below Market Rate (BMR) Housing Program. The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site. The Specific Plan will require a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area . The Specific Plan is consistent with this policy because the Plan Area is identified as a Priority Housing Element Site (Site A2) in the City's General Plan Housing Element which allocates 389 units to the Plan Area "by right". The Specific Plan requires a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area . The Specific Plan is consistent with this policy because it allows for a range of densities up to 35 dwelling units per acre . Consistent? Consistent Consistent Consistent ~ 2 ~ ~ ~ > ~ ~ < M ~ M > 00 e ~ ~ 0 ~ M 00 e ~ ~ ~ ~ ~ M ~ ~ ~ ::e M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ::e 00 289 ~ I ~ ~ General Plan Text Policy HE-1.3: Mixed Use Development. Encourage mixed-use development near transportation facilities and employment centers . Strategy 1 : Land Use Policy and Zoning Provisions . To accommodate the Regional Housing Needs Allocation (RHNA), the City w i ll 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 . • Monitor development standards to ensure they are adequate and appropriate to facilitate a range of hous i ng i n the community • Monitor the sites inventory and make it available on the City website . • Monitor development act ivity on the Housing Oppo rtunity Sites to ensure that the City maintains sufficient land to accommodate the RHNA during the planning period . In the event a housing site listed in the Housing Element sites inventory is redeveloped with a non -residential use or at a lower density than shown in the Housing Element sites i nventory, ensure that the City has adequate capacity to meet the RHNA by making the Consistency Consistent? The Specific Plan is consistent with this policy because residential, Consistent employment, retail/commercial , recreational, and entertainment uses are provided within the Plan Area. The Plan Area is located within a Transit Priority Area . To help facilitate alternative transportation such as car sharing and bike sharing and connectivity with other areas of the City, a multi-modal Mob i lity Hub would accommodate local transit and future BRT. The Specific Plan is consistent with this strategy . As previously noted, the Consistent Plan Area is identified as a Priority Housing Element Site (Site A2) in the City 's General Plan Hous i ng Element which allocates 389 un its to the Plan Area "by right". The Specific Plan requires a Conditional Use Permit fo r residential units above the 389 numbe r specified i n the Hous i ng Element for the Vallco Shopping District Special Area . ~ z ~ ~ ~ > ~ ~ < M ~ M > rJJ e ~ ~ 0 ~ M rJJ e ~ ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 290 General Plan Text findings required by Government Code Section 65863 and identifying alternative site(s) within the City if needed. • Priority Housing Sites : As part of the Hous i ng Element update, the City has identified five priority sites under Scenario A (see Table HE - 5) for residential development over the next eight years . The General Plan and zoning designations allow the densities shown in Table HE-5 for all sites except the Vallco Shopping District site (Site A2). The redevelopment of Vallco Shopping District will involve significant planning and community input. A specific plan will be required to implement a comprehensive ~ I ~ "'"' strategy for a retail/office/residential mixed use development. The project applicant would be required to work closely with the community and the City to bring forth a specific plan that meets the community's needs, with the anticipated adoption and rezoning to occur within three years of the adoption of the 2014-2022 Housing Element (by May 31 , 2018). The specific plan would permit 389 units by right at a minimum density of 20 units per acre . If the specific plan and rezoning are not adopted within three years of Housing Element adoption (by May 31 , 2018), the City will schedule hearings consistent with Government Code Section 65863 to cons ider removing Vallco as a priority housing site under Scenario A, to be replaced by sites identified in Scenario Consistency Consistent? ~ '.Z ~ ~ > ~ ~ < M ~ M > 00 e ~ ~ 0 co M 00 e co ~ ~ ~ ~ M ~ ~ ~ ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 291 0 I ~ Ut General Plan Text B (see detailed discussion and sites listing of "Scenario B" in Appendix B Housing Element Technical Appendix). As part of the adoption of Scenario B, the City intends to add two additional sites to the inventory: Glenbrook Apartments and Homestead Lanes, along with increased number of permitted units on The Hamptons and The Oaks sites. Applicable zoning is in place for Glen brook Apartments; however the Homestead Lanes site would need to be rezoned at that time to permit residential uses. Any rezoning required will allow residential uses by right at a minimum density of 20 units per acre . Strategy 2: Second Dwelling Units . The City will continue to implement the Second Dwelling Unit Ordinance and encourage the production of second units. Strategy 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 ,. Consistency Consistent? The Specific Plan would not impede the City from implementing this Consistent strategy. Future project applicant(s) will develop the Plan Area according to the Consistent Specific Plan's vision under unified ownership to the extent possible. lo-( ~ lo-( ~ lo-( > ~ lo-( < M ~ M > rJl e ~ M ~ 0 ~ M rJl e ~ ~ lo-( ~ ~ M 0 0 lo-( ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJl 292 General Plan Text cost prior to application submittal for assistance with preliminary plan review. Strategy 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 ratios 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 ~ I (.H O'I housing. GOAL HE-2: Housing that is affordable for a diversity of Cupertino households Policy HE-4: Housing Mitigation. Ensure that all new developments-including market-rate residential developments-help mitigate project-related impact on affordable housing needs . Policy HE-5: Range of Housing Types. Encourage the development of diverse housing stock that provides a range of housing types (including smaller, moderate cost housing) and affordability levels. Emphasize the provision of housing for lower-and moderate-income households including wage earners who provide essential Consistency The Specific Plan establishes the development standards for the Plan Area . The Town Center/Community Park would allow for 389 dwelling units ("by right"), including greater of 80 units, or 20% of the total units, as senior apartments (in compliance with State and federal law). The Specific Plan will require a Conditional Use Permit for residential units above the 389 number, which is specified in the Housing Element for the Vallco Shopping District Special Area. The Specific Plan is consistent with this goal because future projects must comply with the City's BMR Housing Program. The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site. As noted for Goal HE-2, the Specific Plan is consistent with this policy because future project must comply with the City's BMR Housing Program. The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site . The Specific Plan is consistent with this policy because the Specific Plan includes 389 residential units "by right", including the greater of 80 units, or 20% of the total units, as senior apartments (in compliance with State and federal law). The Specific Plan will require a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area. Future project applicant(s) will comply with the City's BMR Housing Program. The Town Consistent? Consistent Consistent Consistent -- Consistent ~ z ~ ~ ~ > ~ ~ < t:'!'j ~ t:'!'j > 00 e ~ ~ 0 co t:'!'j 00 e co ~ ~ ~ ~ t:'!'j ~ ~ ~ ~ t:'!'j (] ~ ~ ~ ~ 0 ~ = t:'!'j < 0 ~ t:'!'j ~ 00 293 ~ I ~ --...) General Plan Text public services (e.g ., school district employees, municipal and public safety employees, etc .) Policy HE-6: Development of affordable housing and housing for persons with s pedal needs. Maintain and/or adopt appropriate land use regulations and other development tools to encourage the development ofaffordable 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 . Strategy 6 : 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). Strategy 7: 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 Consistency Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site . The Specific Plan is consistent with this policy because future projects must comply with the City's BMR Housing Program. The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site . The Specific Plan is consistent with this policy because future projects must comply with the City's BMR Housing Program, which may involve the provision of affordable units within the Plan Area . The Specific Plan is consistent with this strategy because future projects must comply with the City's BMR Housing Program . The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site . The final calculation of these fees would be determined for individual development projects constructed pursuant to the Specific Plan . Consistent? Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ < M 3: M > rJl c ~ M ~ 0 co M rJl c co 3: ~ ~ ~ M ~ ~ ~ ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJl 294 ~ I ~ 00 General Plan Text the Housing Mitigation fee . Developers of ma r ket-rate rental units, where the units cannot be sold individually, must pay the Housing Mitigation fee to the BMR AHF . The BMR program spec ifies the following: a. Prior ity. To the extent permitted by law, priority for occupancy is given to Cupertino residents, Cupertino full -t i me employees and Cupert i no 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 ind ividually (includ i ng 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, requi r e 15 % rental very low and low-income BMR units in all rental residential developments . If the City is not pe r mitted 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 res i dential 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 exchange for a financial contribution or a type of ass istance specified in density bonus law (which includes a variety of regulatory relief); and Consistency Consistent? ~ '.Z ~ ""'3 > ""'3 ~ < M ~ M > '(fl c:j ~ ""'3 0 co M '(fl c:j co ~ ~ ""'3 ""'3 M ~ ~ ~ ~ M n ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ '(fl 295 ~ I ~ \0 General Plan Text 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 port i on 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 r ight of refusa I for BM R units and other means to ensure that BMR units remain affordable . Strategy 8 : 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 Consistency The Specific Plan is consistent with this strategy because future projects must comply with the City's BMR Housing Program. The Town Center/Community Park is strongly encouraged to comply with the City's Housing M itigation Program by provided affordable housing on site . Fees for individual development projects constructed pursuant to the Specific Plan can be used by the City to continue to support and implement affordable housing. Consistent? Consistent ~ :z ~ ""3 > ""3 ~ < M ~ M > rJJ. e ~ M ""3 0 co M rJJ. e co ~ ~ ""3 ""3 M ~ ~ ~ ~ M (j ""3 ~ ~ ""3 0 ""3 = M < 0 ""3 M ~ rJJ. 296 ~ I ""' 0 General Plan Text ,, • Pr eserving "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 low-income households and persons with special needs (such as the elde r ly , 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 m itigate the impacts of new development on affo r dable housing needs, the City will update its Nexus Study for the Housing Mitigation Plan by the end of 2015 . Strategy 10 : Surplus Properties for Hous ing . The City will explore opportuniti es on surplus properties as follows: • Work with local public agencies , school d i stricts and churches, to ident ify surplus properties or underutilized properties that have the potenti al for residential development. • Encourage long-term land leases of properties from churches, school districts, Consistency Consistent? The Specific Plan is consistent with this strategy because future projects Consistent must comply with the City's BMR Hous i ng Program. The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site . Fees for individual development projects constructed pu r suant to the Specific Plan can be used by the City to continue to support and implement affordable hous i ng . ~ '.Z ~ ~ ~ > ~ ~ < t'!'j s: t'!'j > \fl. e ::0 t'!'j ~ 0 ~ t'!'j \fl. e ~ s: ~ ~ ~ t'!'j ~ ~ ~ ::0 t'!'j (j ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ::0 \fl. 297 ~ I .. ~ General Plan Text 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. Strategy 11: 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 Below Market-Rate Affordable Housing Fund (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 . Density bonus incentives (see Strategy 12) . 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 " Consistency Consistent? The Specific Plan is consistent with this strategy because future projects Consistent must comply with the City's BMR Housing Program . The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site. Fees for individual development projects constructed pursuant to the Specific Plan can be used by the City to continue to support and implement affordable housing . ~ '.Z ~ ~ ~ > ~ ~ < t_'rj ~ t_'rj > rJJ. e ~ t_'rj ~ 0 cc t_'rj rJJ. e cc ~ ~ ~ ~ t_'rj ~ ~ ~ ~ t_'rj (j ~ ~ ~ ~ 0 ~ = t_'rj < 0 ~ t_'rj ~ rJJ. 298 0 I ~ N General Plan Text Cupertino are available beginning federal fiscal year 2015 . Strategy 12: 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 percent of the housing units are r estricted to very low i ncome residents. • At least 10 percent of the housing units are restricted to lower income residents • At least 10 percent of the housing units in a for-sale common inte r est development are restr icted to moderate income residents . • The project donates at least one acre of land to the city or county large enough for 40 very low income units; the land has the appropriate general plan des ignation , zoning , pe r m its , approvals, and access to public facil it i es needed for such hous i ng ; fund i ng has been identified ; and other requirements are met. A density bonus of up to 20 percent must be granted to projects that contain one of the following : • The project is a senior citizen hous i ng development (no affordable un its 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 Consistency Consistent? The Specific Plan includes the dedication of at least 80 units, or 20 % of Consistent the total units, as senior apartments (in compliance with State and federal law); additional units may be proposed at below market rates in compliance with the City's BMR Program. Development under the Specific Plan would not conflict w ith the City 's Density Bonus Ordinance . ~ :z ~ ~ > ~ ~ < M ~ M > lJ). cj ~ ~ 0 ee M lJ). cj ee ~ ~ ~ ~ M 0 0 ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ lJ). 299 ~ I ~ w General Plan Text 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. Strategy 13: 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 Below Market-Rate Affordable Housing Fund (BMR AHF) and Community Development Block Grant funds (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 funds, Low Income Housing Tax Credits (LIHTC), and mortgage revenue bond . Consistency The Specific Plan is consistent with this strategy because future projects must comply with the City's BMR Housing Program . The Town Center/Community Park is strongly encouraged to comply with the City's Housing Mitigation Program by provided affordable housing on site . Fees for individual development projects constructed pursuant to the Specific Plan can be used by the City to continue to support and implement affordable housing . Consistent? Consistent ~ ~ ~ ...., ~ > ...., ~ < ~ ~ ~ > rJ1 c ~ ~ ...., 0 eo ~ rJ1 c eo ~ ~ ...., ...., ~ ~ ~ $3 ~ ~ ...., ~ ~ ...., 0 ...., = ~ < 0 ...., ~ ~ rJ1 300 0 I ~ ~ General Plan Text GOAL HE-4: Energy and water conservation Policy HE-10: Energy and Water Conservation. Encourage energy and water conservation in all existing and new residential development. Strategy 21 : 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 nonresidential 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 California Green Building Code. This City will also implement the policies in its climate action plan to achieve residential- Consistency The Specific Plan is consistent with this goal through the provision of energy, water, and waste reduction measures and mechanisms (see Policy HE -10 below). The Specific Plan is consistent with this policy. Energy efficiency and water conservation will be achieved through factors including the Community Park and Nature Area which improve the energy efficiency of buildings through natural ventilation and daylighting; use of alternative energy from photovoltaics, fuel cells, and other technologies; the provision of thermal heating and cooling through a centralized system that leverages coincident hearing and cooling and centralized boilers, chillers and/or cooling towers; and building design (e .g., sun control to shade windows; use of natural lighting; and energy-efficient lighting). Specific Plan features to reduce the use of potable water include use of municipal recycled water and on-site treated grey water for irrigation, including the Community Park and Nature Area; storm water and rainfall collection and reuse; and use of drought-tolerant and native landscape materials. The Specific Plan is consistent with this strategy because it includes sustainability strategies and infrastructure design guidelines with the intent of maximizing energy and water conservation. The sustainability design goal is to achieve the highest level of certification from a globally recognized environmental sustainability certification program, such as LEED Platinum certification or its equivalency, which will include a requirement for recycled water for such purposes as irrigation, toilet flushing, and heating and cooling systems, among others . Examples of some of the conservation measures included i n the Specific Plan include but are not limited to the Community Park and Nature Area ; use of recycled water for irrigation, the central plant cooling towers, and toilet flushing ; collect and minimally treat rainwater to offset water consumption; reuse greywater when possible; reduce water consumption through building energy efficiency; use drought-tolerant and native landscape materials; and preserve existing healthy trees where feasible. Consistent? Consistent Consistent Consistent ~ z ~ ~ > ~ ~ < ~ ~ ~ > 00 e ~ ~ 0 c:o ~ 00 e c:o ~ ~ ~ ~ ~ 0 0 $3 ~ el ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 301 ~ I ... u. General Plan Text focused greenhouse gas emission reductions and further these community energy and water conservation goals GOAL HE -7: Coordination with regional organizations and local school districts Policy HE-13: 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 Cupertino Union School District (CUSD), Fremont Union High School District (FUHSD), and Santa Clara Unified School District (SCUSD). Consistency The Specific Plan is consistent with this goal. In addition to paying the maximum State-required school fees, the Specific Plan provides for exceptional educational benefits to the local schools including Fremont Union High School District ("FUHSD") and Cupertino Union School District ("CUSD "). While the precise nature of benefits must be determined in coordination and cooperation with the school districts, the Specific Plan provides that the community benefits for local schools include substantial annual funding to the Fremont Union High School District. In addition to paying the maximum state-mandated school fees, the Initiative would require development within the Specific Plan to provide additional benefits to schools of approximately $40 million to enhance the quality of instruction and student learning in Cupertino's excellent schools . If the school districts agree to these benefits, the Specific Plan strongly encourages benefits including the construction of a High School science and engineering Innovation Center within the Plan Area, which would be a flexible, multi-use space used by local public high school students to build projects together while collaborating with members of the greater community. The Specific Plan is consistent with this policy as noted in the response for Goal HE-7. The Plan Area is not served by the Santa Clara Unified School District. Consistent? Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJ). e ~ ~ 0 co M rJ). e co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ). 302 ~ I ~ O'I General Plan Text Policy HE-15: Public-Private Partnerships. Promote public-private partnerships to address housing needs in the community, especially housing for the workforce . 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 -LOSE+; • Stevens Creek Boulevard and Stelling Road - LOSE+ • De Anza Boulevard and Bollinger Road -LOS E+. 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. Consistency The Specific Plan is consistent with this policy because it includes 389 residential units "by right". The Specific Plan will require a Conditional Use Permit for residential units above the 389 number specified in the Housing Element for the Vallco Shopping District Special Area . The implementation of the Specific Plan will involve the private development of these units. Mobility Element The Mobility Element (Figure M-2) identifies all or a portion of the following roads as Major Collectors : Foothill Blvd., Bubb Rd ., Stelling Rd., Bollinger Rd., Miller Ave ., and Tantau Ave . (Foothill Blvd . and Buff Rd . are outside the traffic study area). Intersections at Miller Ave . within the traffic study area would not be impacted by the Specific Plan . The Specific Plan includes Environmental Design Features that will address traffic generated by implementation of the Specific Plan at the following locations: • • • • • • • • • De Anza Blvd at Homestead Rd . De Anza Blvd . at Stevens Creek . De Anza Blvd . at McClellan Rd. De Anza Blvd . at Bollinger Rd . Wolfe Rd . at Stevens Creek Blvd . Stevens Creek Blvd./Calvert Dr./1-280 Ramps Lawrence Expressway at Saratoga Ave . Lawrence Expressway at Homestead Rd . Lawrence Expressway at Pruneridge Ave . • Lawrence Expressway at Prospect Rd . The Specific Plan is consistent with this policy . The Town Center/ Community Park would fund transportation and transit infrastructure, including contribution towards a study and improvements to a potential 1- 280 trail along the drainage channel south of the freeway, and provision of pedestrian and bicycle connections from the Plan Area to the trail. Consistent? Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJ1 e ~ M ~ 0 co M rJ1 e co ~ ~ ~ ~ M ~ ~ ~ ~ M n ~ r ~ ~ 0 ~ = M < 0 ~ M ~ rJ1 303 ~ I ~ -....) General Plan Text GOAL M-2: Promote improvements to city streets that safely accommodate all transportation modes and persons of all abilities 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. 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 the 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 . 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. Policy M-2.3: Connectivity. Promote pedestrian and bicycle improvements that improve Consistency The Specific Plan is consistent with this goal because streets in the Plan Area will allow for vehicular, bicycle, and transit service . The VTA accommodates the special needs of its riders. The implementation of the Specific Plan will be in compliance with all relevant disability and accessibility laws. The Specific Plan is consistent with this policy through its street network hierarchy for public and private streets: Retail and Entertainment Streets; Office Streets; Capillary Streets; Perimeter Streets; and Municipal Streets . The classification relates to the location and to the function of the street system and all accommodate vehicles and transit traffic, pedestrian sidewalks, and bike routes. The Specific Plan is consistent with this policy because the Plan establishes a street hierarchy and provides cross sections that identify the characteristics for type of street that is appropriate for the adjacent land uses . The Specific Plan envisions a traditional neighborhood layout connecting the community (internally and externally) to walkable, pedestrian and bike-friendly streets through paths, promenades, squares/plazas and other public spaces, arranged in accordance with the principles of transect planning . The two Town Squares will be centers of activity in the Plan Area . The Specific Plan is consistent with this strategy. As it applies to the Plan Area, Stevens Creek Boulevard and N. Wolfe Road are arteri als . As a part of the Specific Plan, the north side of Stevens Creek Boulevard would have a new pedestrian pathway; the majority of existing healthy trees would be retained . The existing road alignment would not change. Within the Plan Area, N. Wolfe Road would be realigned to accommodate a dedicated bike lane and parallel parking on each site of the road . Sidewalks would be located on both sides of N. Wolfe Road; the widths would vary to minimize the displacement of existing healthy trees . The Specific Plan is consistent with this policy. Examples of connectivity include multi-use pathways crossing the Plan Area with connections to Consistent? Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < ~ ~ ~ > \Jl d ~ ~ 0 ~ ~ \Jl d ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ \Jl 304 0 I ~ QO General Plan Text connectivity between planning areas, neighborhoods and services, and foster a sense of community. 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 overwhelming through traffic problem and there are no acceptable alternatives since street closures move the problem from one street to another. 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. GOAL M-3: Support a safe pedestrian and bicycle street network for people of all ages and abilities Policy M-3.2: Development. Require new development and redevelopment to increase connectivity through direct and safe pedestrian connections to public amenities, neighborhoods, Consistency external existing and planned pathways; improvements to the existing sidewalk along the northern, eastern, and western perimeters of the Plan Area to create a shared use (bicycle and pedestrian) off-street path. The Specific Plan provides that pedestrian and bicycle improvements will connect to existing and future planned facilities, and it provides for a funding contribution for a future planned trail along the south side of 1-280 between De Anza Boulevard and N. Wolfe Road. Sidewalks will be continuous, accessible, and tree-lined with signalized crosswalks connecting the street grid, which will support an aesthetically pleasing streetscape area, as well as be safe and comfortable for users . The Specific Plan is consistent with this policy. The Plan Area is a Special Area located in a Transit Priority Area and incorporates alternative modes of transportation within and connections to off-site transit and pedestrian/bicycle pathways . To help facilitate alternative transportation, such as car sharing and bike sharing, and connectivity with other areas of the City, a multi-modal Mobility Hub would accommodate local transit and future BRT. No street closures are planned . The Specific Plan is consistent with this policy because all public and private streets within the Plan Area would be publicly accessible . The Specific Plan is consistent with this goal because it provides for both pedestrian and bicycle access throughout the Plan Area as well as existing and planned connections external to the Plan Area. The implementation of the Specific Plan will be in compliance with all relevant disability and accessibility laws. As previously addressed, the Specific Plan is consistent with this policy because it will provide pedestrian pathways throughout the Plan Area and provide existing and planned connections external to the Plan Area . For example, the City, VTA, property owners and/or corporate employers in the Plan Area will partner to fund a free community shuttle for Cupertino Consistent? Consistent Consistent Consistent Consistent lo-( ~ lo-( ""'3 > ""'3 lo-( < M ~ M > r:J1 c ~ M ""'3 0 co M r:J1 c co ~ lo-( ""'3 ""'3 M 0 0 lo-( ~ M n ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ r:J1 305 ~ I ~ \0 General Plan Text shopping and employment destinations throughout the city. 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 . 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. 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 . Policy M-3.8: Bicycle Parking. Require new development and redevelopment to provide public and private bicycle parking . 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(Chapter2 : Planning Areas). Consistency residents and employees to connect destinations within the community, such as the Cupertino Library, Civic Center, Memorial Park, the local community college, one or more high schools, the adjacent tech campuses, and more . The Specific Plan is consistent with this policy because intersections will be designed to accommodate vehicle, pedestrian, and bike traffic at key locations . For example, a new intersection at N. Wolfe Road and 2nd Street will provide an east-west bi-directional bike lanes to allow bicyclists and pedestrians to cross without vehicular conflicts . Along Perimeter Road, crossings will be clearly marked to connect the shared path with the internal street grid. The Specific Plan is consistent with this policy because the Plan Area's internal street network is designed to accommodate vehicular, transit, pedestrian, and bicycle movement. Implementation of the Specific Plan will not involve any street widening purely for automobiles. The Specific Plan is consistent with this policy because entries and stairwells for parking structures would be located adjacent to streets or plaza access points. Parking structure entries should be designed to be visually open, and promote a sense of security. Both garage and surface parking areas will have clearly identified entry points with wayfinding signage as a part of the Master Sign Program. The Specific Plan also identifies that lighting in the Plan Area is intended to help to create a safe environment for pedestrians and cars (e.g ., street lighting, surface and garage parking lighting). The Specific Plan is consistent with this policy through the provision of publicly accessible and private bicycle parking. The multi-modal Mobility Hub could also include a bike shop and storage. The Specific Plan is consistent with this policy. The Plan Area is a Special Area located in a Transit Priority Area and incorporates alternative modes of transportation within and connections to off-site transit and pedestrian/bicycle pathways. To help facilitate alternative transportation , such as car sharing and bike sharing, and connectivity with other areas of Consistent? Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ ~ 0 t:O M rJJ. e t:O ~ ~ ~ ~ M ~ ~ ~ ~ M (") ~ t'"I ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 306 ~ I Ul 0 General Plan Text 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. 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 alternative to driving. 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. GOAL M-5: Ensure safe and efficient pedestrian and bicycle access to schools while working to reduce school-related congestion. Consistency the City (e .g., Special Areas), a multi-modal Mobility Hub would accommodate local transit and future BRT. No street closures are planned. The Specific Plan is consistent with the policy because it would provide transit service and amenities . For example, within the Plan Area, the multi-modal Mobility Hub would cater to bicyclists, transit users, and those wishing to use alternative forms of transportation. It would serve as an information kiosk and waiting area for buses, or a place to reserve/pick-up a shared vehicle . For example, the City, VTA , property owners and/or corporate employers in the Plan Area will partner to fund a free community shuttle for Cupertino residents and employees to connect destinations within the community, such as the Cupertino Library, Civic Center, Memorial Park, the local community college, one or more high schools, the adjacent tech campuses , and more . The Plan Area is located in a Transit Priority Area and includes walkable connections to existing and planned transit opportunities . Pedestrian and bicycle pathways would be located throughout the area and would connect to existing and planned connections external to the Plan Area . The Specific Plan is consistent with this policy because the City, VTA, property owners and/or corporate employers in the Plan Area will partner to fund a free community shuttle for Cupertino residents and employees to connect destinations within the community, such as the Cupertino Library, Civic Center, Memorial Park, the local community college, one or more high schools, the adjacent tech campuses, and more . The Specific Plan is consistent with this goal. As previously addressed, the City, VTA, property owners and/or corporate employers in the Plan Area will partner to fund a free community shuttle for Cupertino residents and employees to connect destinations within the community, such as the Cupertino Library, Civic Center, Memorial Park, the local community college, one or more high schools, the adjacent tech campuses , and more . The Plan Area is located in a Transit Priority Area and includes walkable connections to existing and planned transit opportunities . Pedestrian and Consistent? Consistent Consistent Consistent Consistent lo-I( '.Z lo-I( ~ > ~ lo-I( < M s= M > rJJ. e ~ ~ 0 co M rJJ. e co s= lo-I( ~ ~ M ~ ~ lo-I( ~ (") ~ ~ ~ ~ 0 ~ = M < 0 ~ M ::0 rJJ. 307 ~ I u-. ~ General Plan Text Policy M-5.1: Safe Routes to Schools. Promote Safe Routes to Schools programs for all schools serving the city. Strategy M-5.1 .1 . 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 bicycl i ng to school. Policy M-5.2: Prioritizing Projects. Ensure that bicycle and pedestrian safety improvements include projects to enhance safe accessibility to schools. Policy M-5.3: Connections to Trails. Connect schools to the citywide trail system . GOAL M -6: Promote innovative strategies to provide efficient and adequate vehicle parking Policy M-6.2: Off-Street Parking. Ensure new off- street parking is properly designed and efficiently used. Consistency bicycle pathways would be located throughout the area and would connect to existing and planned connections external to the Plan Area . The Specific Plan is consistent with this strategy through the provision of a free community shuttle, and pedestrian and bicycle pathways . The Spec ific Plan is consistent with this strategy . The Specific Plan includes a free community shuttle, and pedestrian and bicycle pathways within the Plan Area and connections to existing and planned off-site pathways, including schools . The Specific Plan is consistent with this policy . The Plan Area will include protected Class I bike paths, Class II bike lanes, and Class Ill bikeways (shared bike/vehicle lane). The Specific Plan is consistent with this policy because the pathways within the Plan Area will connect to existing and planned off-site pathways . The Specific Plan is consistent with this goal. One of the objectives of the Specific Plan is to provide adequate parking and vehicular access, compatible with a high-quality "town center" environment, that meet the needs of future visitors, employees, and residents, while encouraging the use of transit, bicycle, and other alternative modes of transportation. Transit, bicycle and pedestrian pathways, and a free community shuttle are a part of the Specific Plan. The Specific Plan is consistent with this policy . The Plan Area will include below grade, above grade, and street level parking . The majority of the parking spaces in the Plan Area will be located in underground parking structures . The Town Center/Community Park establishes a street hierarchy that directs vehicles to the parking garages efficiently, reducing conflicts with pedestrians and bicyclists on the at-grade street network. This includes accommodating traffic from 1-280 with direct access to Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < t"rj ~ t"rj > rJJ. e ~ t"rj ~ 0 °' t"rj rJJ. e °' ~ ~ ~ ~ t"rj ~ ~ ~ ~ t"rj (j ~ ~ ~ ~ 0 ~ = t"rj < 0 ~ t"rj ~ rJJ. 308 ~ I Ul N General Plan Text GOAL M-7: Promote policies to help achieve State, regional and local air quality and greenhouse gas emission reduction targets 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 multimodal performance targets. Policy M-8.1: Greenhouse Gas Emissions. Promote transportation policies that help to reduce greenhouse gas emissions . Policy M-8.2: Land Use. Support development and transportation improvements that help reduce greenhouse gas emissions by reducing per capita Vehicle Miles Traveled (VMT), reducing impacts on the City's transportation network and maintaining the desired levels of service for all modes of transportation. Consistency parking garages from N. Wolfe Road, if the improvement is approved by the California Department of Transportation (Caltrans). The Specific Plan addresses the provision of signed wayfinding for access to and within the parking garages. The Specific Plan is consistent with this goal. The Specific Plan is consistent with the Cupertino Climate Action Plan (CAP). The Specific Plan includes strategies and directives to reduce energy and water use; to reduce the disposal of waste in landfills; and to incorporate green building components. For example, the Specific Plan encourages the reduction in vehicle miles traveled (VMT) through the provision of a free community shuttle, bicycle and pedestrian pathways, and transit within a horizontally-and vertically-integrated mixed-use development which reduce air quality and GHG emissions. The Specific Plan is consistent with this strategy. The traffic and transportation analysis was prepared according to the requirements of the City of Cupertino and the Santa Clara VTA. The Specific Plan is consistent with this policy because the Specific Plan is envisioned as a walkable and bikeable mixed-use community and provides for alternatives to vehicular travel. The Specific Plan is consistent with this policy because compact infill development, such as that contemplated in the Specific Plan, can reduce energy use compared to low-density, greenfield development (source : U.S. Department of Housing and Urban Development [HUD]). Therefore, the multi-family residential buildings constructed pursuant to the Specific Plan would consume less energy than the same number of units constructed in detached housing. In addition, the Specific Plan targets energy efficiency measures that reduce energy demand, increase energy efficiency, and generate on-site renewable energy . The sustainability design goal is to achieve the highest level of certification from a globally recognized environmental sustainability certification program, such as Consistent? Consistent Consistent Consistent Consistent )moi z )moi ~ )moi > ~ )moi < ~ ~ ~ > rJJ. e ~ ~ 0 co ~ rJJ. e co ~ )moi ~ ~ ~ ~ ~ )moi ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 309 t= I Ul ~ General Plan Text Policy M-8.3: Transportation System 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. 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 . Consistency LEED Platinum certification or its equivalency, which will include a requirement for recycled water for such purposes as irrigation, toilet flushing, and heating and cooling systems, among others. Chapter 5: Sustainability& Smart City Strategies of the Specific Plan defines and categorizes these strategies into five groups : Green Space , Resource Efficiency, Town Center Design, Community, and Technology. Additionally, as previously addressed the Specific Plan encourages the reduction in (VMT) through the provision of a free community shuttle, bicycle and pedestrian pathways, and transit within a horizontally-and vertically-integrated mixed-use development which reduce air quality and GHG emissions . The Specific Plan is consistent with this policy because it includes TSM strategies including signal timing improvements . The Specific Plan includes multiple TDM features and strategies . The TDM Plan will have an overall target of reducing Specific Plan office -generated weekday peak hour trips by 30 percent below the applicable Institute of Transportation Engineers (ITE) trip generation rates . Transportation strategies that may be implemented include: Transportation strategies that would be implemented as a part of the Town Center/Community Park are : • Valet bicycle parking • Bike supply vending machines (lights, batteries, locks, tubes, patches, small tools, etc.) • On-site bicycle mechanic • Bike share pods I community bike program • Towel and laundry service for on-site showers • Giveaway programs (bicycle, helmet, lock, light, etc.) Consistent? Consistent Consistent ~ z ~ ""'3 ~ > ""'3 ~ < ~ ~ ~ > 00. e ~ ""'3 0 co ~ 00. e co ~ ~ ""'3 ""'3 ~ t= t= ~ ~ n ""'3 ~ ~ ""'3 0 ""'3 = ~ < 0 ""'3 ~ ~ 00. 310 t::; I Ul .i;. General Plan Text Policy M-8.5: Design of New Developments. Encourage new commercial developments 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. 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 . GOAL M-9: Promote effective and efficient use of the City's transportation network and services. 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 . Consistency • Bike to School encouragement and incentive program • Advanced carshare and rideshare matching services, such as real- time matching • Financial incentives for carpoolers, e.g., gas cards • Subsidized vanpools • Subsidies for on-demand shared ride services • Private shuttles for med i um-or long-distance commutes • Guaranteed ride home services The Specific Plan is consistent with this policy because of all the noted items in this policy are either a part of the Specific Plan or are permitted by the Specific Plan . For example, based on their location in the Plan Area daycare facilities are permitted or conditionally permitted land uses. The horizontally-and vertically-integrated the Town Center/Community Park includes a mix of uses including retail, dining, entertainment, recreation, offices, housing, hotel, education, civic, open space, and public amenities located with a community setting with pedestrian and bicycle pathways and a free community shuttle . The Specific Plan is consistent with this policy because the Plan Area will accommodate electric vehicle charging . The Specific Plan is consistent with this goal because it incorporates a multi-modal transportation program inclusive of roadway improvements; transit; and pedestrian and bicycle pathways through the Plan Area and off-site connections to existing and planned pathways . The Specific Plan is consistent with this policy because it would implement the City's vision for the Plan Area to create a mixed-use town center. Within the Plan Area and based on the street classification , roadways will accommodate vehicles, transit, and bike lanes. All streets would have sidewalks. Consistent? Consistent Consistent Consistent Consistent ~ 2 ~ ~ > ~ ~ < M 3: M > rJ). e ~ M ~ 0 ~ M rJ). ~ 3: ~ ~ ~ M t::; t::; ~ ~ M ~ ~ r ~ ~ 0 ~ = M < 0 ~ M ~ rJ). 311 ~ I IJI IJI -General Plan Text Policy M-9.2: Reduced Travel Demand. Promote effective TOM programs for existing and new development. 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. Strategy M-9.3.1. Wolfe Road Overcrossing. Consider alternate designs for the Wolfe Road/ 1-280 Interchange (e .g., from partial cloverleaf design to diamond design) when evaluating the need to widen the freeway overcrossing . 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. Consistency The Specific Plan is consistent with this policy because it includes a TOM Plan that identifies multiple TOM strategies. See response to Policy M-8.4 The Specific Plan is consistent with this policy. A traffic analysis has been prepared and the Specific Plan identifies that streets will vary in width and configuration based on localized circulation requirements. The Specific Plan is consistent with this strategy because the Town Center/Community Park property owner will take the lead in working with the relevant agencies to study, design, and identify funding for the widening of the N. Wolfe Road/1-280 interchange and other 1-280 segments . These improvements would widen the overpass, reconfigure the on-ramps and off-ramps, and improve pedestrian and bicycle connections . As part of the interchange improvements, a future project applicant(s) may construct dedicated off-ramps and/or on-ramps from 1-280 into and out of the Plan Area through Block 13 (and potentially Block 14). The intent would be to alleviate new project-generated traffic from intruding onto the City's street network. Additional freeway ramps would be subject to Caltrans and other jurisdiction approvals. The Specific Plan is consistent with this strategy. With respect to streetscape character, the Plan Area is intended to be a walkable community and as such there is an emphasis on bikeways and walkways . Pedestrian and bicycle improvements will connect to existing and future planned facilities. Sidewalks will be continuous, accessible, and tree-lined with signalized crosswalks connecting the street grid. The existing bicycle network on N. Wolfe Road, Vallco Parkway, and Stevens Creek Boulevard will continue onto the site with additional bike lanes on the interior street network. The other internal roads will be shared bike/vehicle lanes . All roadway access points off of the public roadways will include safe Consistent? Consistent Consistent Consistent Consistent ~ '.2! ~ ""'3 ~ > ""'3 ~ < M ~ M > rJl d ~ M ""'3 0 eo M rJl d eo ~ ~ ""'3 ""'3 M ~ ~ ~ ~ M (j ""'3 ~ ~ ""'3 0 ""'3 = M < 0 ""'3 M ~ rJl 312 ~ I u. O'\ General Plan Text GOAL M-10: Ensure that the City's transportation infrastructure is well-maintained for all modes of transportation and that projects are prioritized on their ability to meet the city's mobility goals 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. Policy M -10.3: Multi-Modal Improvements. Integrate the financing, design and construction of pedestrian and bicycle facilities with street projects . Build a 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 . Policy M-2.X: 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 . Policy M-4.X: Valko 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 Consistency pedestrian and bicycle crossings, and will connect to the Plan Area's internal street grid. The Specific Plan is consistent with this goal by providing both on-site and off-site improvements to the City's transportation infrastructure . Improvements include the implementation of a complete street roadway system through the Plan area ; the N. Wolfe Road/1-280 Interchange, subject to approval by Caltrans ; N. Wolfe Road including a new intersection; Vallco Parkway; and Stevens Creek Boulevard . The Specific Plan is consistent with this policy . Future p r ojects within the Specific Plan will be required to pay a t r ansportation impact fee to the City of Cupertino. The Specific Plan is consistent with this policy through the integration of a multi-modal on -street and off-street plan to concurrently accommodate vehicular, transit, bicycle, and pedestrian movement. The Specific Plan is consistent with this policy . The Town Center/ Community Park Project Applicant(s) is required to fund neighborhood traffic monitoring studies and provide fees to implement potential traffic calming improvements to minimize neighborhood traffic if needed. Prior to the issuance of any occupancy permits, the Town Center/Community Park Project Applicant(s) must provide up to $300,000 for the City of Cupertino for potential neighborhood traffic improvements. As previously addressed, the Specific Plan proposes a multi -modal Mobility Hub to facilitate and encourage alternative transportation services such as car sharing and bike sharing . Consistent? Consistent Consistent Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJl e ~ ~ 0 ~ ~ rJl e ~ ~ ~ ~ ~ ~ ~ ~ ~ ::0 ~ Cl ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ::0 rJl 313 ~ I U"I -....l General Plan Text services such as, car sharing, bike sharing and/or other services . GOAL ES-1 Ensure a sustainable future for the City of Cupertino 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. 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 futu r e project CEQA streamlining and will identify measures to : • Reduce energy use through conservation and efficiency; Consistency I Consistent? Environmental Resources and Sustainability Element The Specific Plan is consistent with this goal because it incorporates I Consistent sustainable design and technologies . Examples are addressed below in response to applicable policies . The Specific Plan is consistent with this goal because it incorporates I Consistent sustainable design and technologies . For example, the Specific Plan notes that buildings should have horizontal and vertical sun controls to shade windows, areas of glass that are generous and floor depths that are relatively shallow to allow for the penetration of natural light into the buildings, and thermal comfort controls . These features will help to decrease the use of power. As noted in the analysis of Pol i cy HE-10 , the Specific Plan would incorporate energy efficiency elements including but not limited to the use of alternative energy; thermal heating and cooling and building design . Specific Plan features to reduce the use of potable water include i rrigation, including the Community Park and Nature Area , with municipal recycled water, on -site treated grey water, storm water and rainfall collection and reuse; and use of drought-tolerant and native landscape materials . The Specific Plan is consistent with this strategy because it is consistent I Consistent with the City's CAP. As noted, the Specific Plan includes provisions for non-vehicular transportation , water reuse , recycling , and energy reduction. ~ :z ~ ~ ~ > ~ ~ < M a: M > rJ') ('j ~ ~ 0 ~ M rJ') ('j ~ a: ~ ~ ~ M ~ ~ ~ M () ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ') 314 ~ I tit 00 General Plan Text • 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; and • Promote and incentivize each of those efforts to maximize community participation and impacts; • Integrate multiple benefits of green infrastructure with climate resiliency and adaptation . 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 . Consistency The Specific Plan is consistent with the policy through the implementation of energy efficiency practices and design. Compact infill development, such as redevelopment under the Spec ific Plan, can reduce energy use compared to low-density, greenfield development. The multi-family residential buildings constructed in the Plan Area would consume less energy than the same number of units constructed in detached housing . Similarly, reuse of all parcels within the Plan Area, as well as reuse of the parcel for the proposed school to be constructed as part of a separate agreement, would reduce overall energy use compared to a similar development in a greenfield area. In addition, the Specific Plan broadly targets energy efficiency measures that reduce energy demand, increase energy efficiency, and generate on- site renewable energy. The sustainability design goal is to achieve the highest level of certification from a globally recognized environmental sustainability certification program , such as LEED Platinum certification or its equivalency, which will include a requirement for recycled water for Consistent? Consistent io-oi :;z io-oi ~ > ~ io-oi < M ~ M > rJ'J d ~ M ~ 0 ee M rJ'J d ee ~ io-oi ~ ~ M ~ ~ io-oi ~ M ("') ~ t"'of ~ ~ 0 ~ = M < 0 ~ M ~ rJ'J 315 ~ I Ul \0 General Plan Text 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. 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. Strategy ES-2.1.6: Alternate Energy Sources . Promote and increase the use of alternate and renewable energy resources for the entire Consistency such purposes as irrigation, toilet flushing, and heating and cooling systems, among others . Chapter 5 : Sustainability & Smart City Strategies of the Specific Plan defines these strategies . The Specific Plan is consistent with this strategy . As previously noted, the Specific Plan broadly targets energy efficiency measures that reduce energy demand, increase energy efficiency, and generate on-site renewable energy . The sustainability design goal is to achieve the highest level of certification from a globally recognized environmental sustainability certification program, such as LEED Platinum certification or its equivalency, which will include a requirement for recycled water for such purposes as irrigation, toilet flushing, and heating and cooling systems, among others. Chapter 5 : Sustainability & Smart City Strategies of the Specific Plan defines these strategies. Potential strategies include but are not limited to the use of photovoltaics, fuel cells, or other technologies; use of natural ventilation in buildings; and providing thermal heating and cooling through a central system . The Specific Plan is consistent with this strategy . As previously addressed, the Town Center/Community Park includes the 30-acre Community Park and Nature Area . Energy efficiency and water conservation will be achieved through factors including the Community Park and Nature Area over the buildings which would improve the energy efficient of buildings . Specific Plan features to reduce the use of potable water include irrigation, including the Community Park and Nature Area, with municipal recycled water, on-site treated grey water, storm water and rainfall collection and reuse; and use of drought-tolerant and native landscape materials. Implementation of the Town Center/Community Park would result in a net increase in the number of trees on the property, including new trees that would be planted to provide cover and landscape for the Community Park and Nature Area. The Specific Plan is consistent with this strategy. As noted, the Specific Plan identifies energy efficiency measures that reduce energy demand, increase energy efficiency, and generate on-site renewable energy . Potential strategies include but are not limited to the use of Consistent? Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > \Fl e ~ ~ 0 ~ M \Fl e ~ ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \Fl 316 ~ I O'\ 0 General Plan Text community through effective policies, programs and incentives. Strategy ES-2 .1.7: Energy Cogeneration Systems . Encourage the use of energy cogeneration systems through the provision of an awareness program targeting the larger commercial and industrial users and public facilities . 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, commuter benefits, and pedestrian and bicycle paths through infrastructure investment, development incentives, and community education. GOAL ES-3: Improve building efficiency and energy conservation Policy ES-3.1: Green Building Design. Set standards for the design and construction of energy and resource conserving/efficient building . Consistency photovoltaics, fuel cells, or other technologies; use of natural ventilation in buildings ; and providing thermal heating and cooling through a central system . The sustainability design goal is to achieve the highest level of certification from a globally recognized environmental sustainability certification program, such as LEED Platinum certification or its equivalency, which will include a requirement for recycled water for such purposes as irrigation, toilet flushing , and heating and cooling systems, among others . The Specific Plan is consistent with this strategy. A central plant will be constructed within the Plan Area providing centralized heating and cooling for most of the buildings . Each block will also contain mechanical support spaces in the spaces between the buildings and the Community Park and Nature Area above . The Specific Plan is consistent with this strategy . The Specific Plan proposes a multi-modal Mobility Hub to include a free community shuttle, VTA local and express buses , future BRT, corporate shuttles, and sharing economy transportation services to facilitate and encourage alternative transportation services such as car sharing and bike sharing . Bikeways and pedestrian pathways would be located throughout the Plan Area and connect to existing and planned off-site pathways . The Specific Plan is consistent with this goal through the integration of energy efficiency and conservation principles in building design and practices . The Specific Plan is consistent with this policy because it broadly targets energy efficiency measures that reduce energy demand, increase energy efficiency, and generate on-site renewable energy . The sustainability design goal is to achieve the highest level of certification from a globally recognized environmental sustainability certification program, such as LEED Platinum certification or its equivalency, which will include a Consistent? Consistent Consistent Consistent Consistent io-i z io-i ~ io-i > ~ io-i < t'fj ~ t'fj > rJJ e ~ t'fj ~ 0 ~ t'fj rJJ e ~ ~ io-i ~ ~ t'fj ~ ~ io-i ~ t'fj (] ~ ~ ~ ~ 0 ~ = t'fj < 0 ~ t'fj ~ rJJ 317 ~ I O'I ~ General Plan Text GOAL ES-4: Maintain healthy air quality levels Policy ES-4.1: New Development. Minimize the air quality impacts of new development projects and air quality impacts that affect new development. 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 Bay Area Air Quality Consistency requirement for recycled water for such purposes as irrigation, toilet flushing, and heating and cooling systems, among others. Chapter 5: Sustainability & Smart City Strategies of the Specific Plan defines these strategies . The Specific Plan is consistent with this goal. The Bay Area Air Quality Management District's (BAAQMD) 2010 Clean Air Plan includes control measure to reduce air pollution in the Bay Area . In addition to stationary source measures (which are addressed through BAAQMD permitting), the measures are grouped by Mobile Source, Transportation, Land Use and Local Impact, and Energy and Climate measures. The Specific Plan is consistent with applicable Mobile Source measures because it calls for provision of charging stations for electric vehicles and encourages transit use. The Specific Plan is consistent with applicable Transportation Control Measures because of the density and mix of land uses, as well as its provisions of bicycle and pedestrian facilities and a multi-model Mobility Hub to facilitate and encourage alternative transportation services such as car sharing and bike sharing . Land Use and Local Impacts measures are designed to promote mixed-use, compact development to reduce VMT and associated emissions, as well as protecting people from stationary and mobile sources of emissions ; the Specific Plan does not conflict with these measures. Energy and Climate measures are designed to reduce ambient concentrations of criteria air pollutants through promotion of energy conservation, renewable energy, reduced "urban heat island" effect, and plantings of trees . Measures to address energy efficiency have been previously identified. The Specific Plan is consistent with this policy . The Specific Plan includes measures to reduce construction -related and operational air quality impacts associated with the Town Center/Community Park that would also be applicable to future development within the Plan Area . The Specific Plan is consistent with this strategy. With the implementation of Environmental Design Features, both construction and operational health risk impacts would be less than significant. Consistent? Consistent Consistent Consistent ~ z ~ ~ > ~ ~ < M s= M > r:JJ e :-0 M ~ 0 co M r:JJ e co s= ~ ~ ~ M ~ ~ $3 M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M :-0 r:JJ 318 ~ I 0\ N General Plan Text Management Distr ict on controls needed if i mpacts are uncertain . 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 . Strategy ES -4.1.3 : Planning . Ensure that land use and transportation plans support air quality goals. Strategy ES-4 .2.3 : Tree Planting in Private Development. Review and enhance the City's t r ee planting and landscap i ng program and requirements for private development to reduce air pollution levels (Pg . ES-21) Policy ES-4.3: Use of Open Fires and Fireplaces. Discourage high pollution fireplace use . Strategy ES -4.3.2 : Fireplaces . Continue to prohibit new wood -burning fireplaces , except EPA certified wood stoves as allowed by the Building Code . GOAL ES-5: Protect the City's Urban and Rural Ecosystems Policy ES-5.1: Urban Ecosystem. Manage the public and private development to ensure the Consistency The Specific Plan is consistent with this strategy . The Town Cente r/ Community Park includes Environmental Design Features for fugitive dust control consistent with the BAAQMD , includes an Emissions Reduction Plan , and requires the payment of emiss ion offset fees . The Specific Plan is consistent with this strategy because it would allow for a horiz ontally-and vertically-integrated mixed use Plan Area that includes multi-modal transportation features. The Specific Plan is consistent with this strategy. Of the approx imately 895 trees associated with The Mall property and street trees, the Specific Plan provides for the retention of the majority of the trees as demonstrated in Chapter 2 : Land Use & Development Standards and Chapter 7 : Landscaping & the Public Realm of the Specific Plan . Retention of the existing mature trees is a priority and a significant component of the landscape screening between the Town Center/Community Park and the adjacent residential neighborhood . As a part of the Specific Plan, additional trees would be planted resulting i n a net increase of trees . The Specific Plan identifies the ex isting and conceptually p r oposed locations for t r ees including along street frontages and in medians . The Specific Plan is consistent with this policy by discouraging h igh pollution open fire pits and fireplaces . The Specific Plan is consistent with this strategy; wood-burning fireplaces would be proh i bited in the Plan Area . The Specific Plan is consistent with th is policy because it incorporates the 30 -acre Community Park and Nature Area into the Plan Area, and for the reasons described below. The Specific Plan is consistent with this policy . One example is the creation of the 30 -acre Community Park and Nature Area . Consistent? Consistent Consistent Consistent Consistent Cons i stent Consistent Consistent ~ '.Z ~ ~ > ~ ~ < M ~ M > 00 e ~ ~ 0 co M 00 e co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 319 t:; I O'\ w General Plan Text protection and enhancement of its urban ecosystem. Strategy ES-5.1 .1 : Landscaping . Ensure that the City's tree planting, landscaping and open space policies enhance the urban ecosystem by encouraging med i ans, pedestrian-crossing curb- extensions planting that is native, drought- tolerant, treats stormwater and enhances urban plant, aquatic and animal resources in both , private and public development. 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 t r ee protection , stormwater treatment and planting of native, drought tolerant landscaping that is beneficial to the environment . GOAL ES-7: Ensure protection and efficient use of all water resources Consistency The Specific Plan is consistent with this goal. As prev iously addressed, Specific Plan features to reduce the use of potable water include i rrigation, including the Community Park and Nature Area , with municipal recycled water, on -site treated grey water, storm water and rainfall collect ion and reuse ; and use of drought-tolerant and native landscape materials . Implementation of the Specific Plan would result in the replacement of primarily impervious surface w ith the 30 -acre Community Park and Nature Area and other landscape areas. Rain water will be cleaned , and to the fullest extent possible, collected and reused within the Plan Area for irrigation. Rainfall on the podium area and Perimeter Road will be treated and reused through flow-through planters, bioretenti on planters and rainwater harvesting where feasible. The Specific Plan is consistent w ith this strategy. Of the approximately 895 trees associated with The Mall property and street trees, the Specific Plan provides for the retention of the majority of the trees as demonstrated i n Chapter 2: Land Use & Development Standards and Chapter 7: Landscaping & the Public Realm of the Specific Plan . Retention of the existing mature trees is a priority and a significant component of the landscape screening between the Town Center/ Community Park and the adjacent residential neighborhood . Implementation of the Town Center/Community Park would result in a net increase in the number of trees on the property, including new t r ees that would be planted to provide cove r and landscape for the Community Park and Nature Area . The Specific Plan is consistent with this goal. As previously addressed , Specific Plan features to r educe the use of potable water include irrigation , including the Community Park and Nature Area , with municipal recycled water, on -site treated grey water, storm water and rainfall collection and reuse; and use of drought-tolerant and native landscape materials . Consistent? Consistent Consistent Consistent ~ 2! ~ ~ ~ > ~ ~ < M s:: M > rJ'l Cj ~ M ~ 0 ~ M rJ'l ~ s:: ~ ~ ~ M t:; t:; ~ ~ M (".) ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ'l 320 ~ I O'I ~ General Plan Text 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 . Policy ES-7.2: Reduction of Impervious Surfaces. Minimize storm water runoff and erosion impacts resulting from development and use low impact development (LID) designs to treat stormwater or recharge groundwater Strategy ES-7.2.1 : Lot Coverage . Consider updating lot coverage requirements to include paved surfaces such as driveways and on-grade impervious patios to incentivize the construction of pervious surfaces. Strategy ES-7 .2.2 : Pervious Walkways and Driveways. Encourage the use of pervious materials for walkways and driveways. If used on public or quasi-public property, mobility and access for the disabled should take precedence. Strategy ES-7.2.3 : Maximize Infiltration . Minimize impervious surface areas, and maximize on-site filtration and the use of on-site retention facilities . Consistency The Specific Plan is consistent with this policy. The San Francisco Bay Municipal Regional Stormwater NPDES permit mandates treating 100% of the storm water runoff with LID measures (e .g., rainwater harvesting, re- use, infiltration, and biotreatment). Implementation of the Specific Plan would result in the replacement of primarily impervious surface with the 30-acre Community Park and Nature Area and other landscaped areas. Rain water will be cleaned, and to the fullest extent possible, collected and reused within the Plan Area for irrigation. Rainfall on the podium area and Perimeter Road will be treated and reused through flow-through planters, bioretention planters and rainwater harvesting where feasible . The Specific Plan is consistent with this policy because the Town Center/ Community Park would increase pervious surfaces associated with the Community Park and Nature Area. Implementation of the Specific Plan would result in the replacement of primarily impervious surface with the 30-acre Community Park and Nature Area and other landscape areas. The Specific Plan is consistent with this strategy; see response to Policy ES-7 .2 . The Specific Plan is consistent with this strategy because it considers the use of porous pavers, pervious paving techniques, or other viable Low Impact Development (LID) techniques for storm water infiltration tools . The Specific Plan is consistent with this strategy. On-site storm drainage will be directed to retention basins for filtering and reuse as irrigation water for the Plan Area . These vaults will be sized per the San Francisco Bay Regional Water Quality Control Board requirements. Areas that cannot be diverted to these retention vaults will be treated prior to discharge using bio-retention, or other LID methods. Consistent? Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ > ~ ~ < M ~ M > 00 e ~ ~ 0 eo M 00 e eo ~ ~ ~ ~ M ~ ~ ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ 00 321 ~ I 0\ Ul General Plan Text Policy ES-7.3: Pollution and Flow Impacts. Ensure that surface and groundwater quality impacts are reduced through development review and voluntary efforts . Strategy ES-7.3.1: Development Review . Require LID designs such as vegetated stormwate r treatment systems and green infrastructure to mitigate pollutant loads and flows . Strategy ES-7.4.3 : Development. Review development plans to ensure that projects are examined in the context of impacts on the entire watershed. Policy ES-7 .6: Other Water Sources. Encourage the research of other water sources, including water reclamation . Strategy ES -7.9 .1 : Water Conservation Measures . Implement the mandatory water conservation measures and encourage the i mplementation of voluntary water conservation measures from the City 's wate r retailers and SCVWD, in times of drought. Strategy ES -7.11.3: Recycled Wate r System . Cont i nue to work with water retailers to promote and expand the availability of recycled water in the City for public and pr ivate use . Consistency The Specific Plan is cons i stent with this policy . The Specific Plan includes features to reduce surface flows and water quality impacts . The Specific Plan is consistent with this st rategy because the Town Center/Community Park includes LID design , and LID design would be required for development within Blocks 13 and 14 . With respect to the Town Center/Community Pa r k, rainfall would be cleansed through LID water measures includ i ng infiltration into soil, biofiltration swales, and water collection cisterns , and, to the fullest extent possible, collected and reused on site for irrigation and other recycled water uses to reduce the domestic water dependency of the project. Other areas would include flow-through planters, bioretention plante r s, and rainwater cisterns . The Specific Plan is cons istent with this strategy because all development within the Plan Area will be subject to review and compliance with mandated regulations . The Specific Plan is consistent with this policy because it incorporates the use of mun i ci pal recycled water, on -site treated grey water, storm wate r and rainfall collection and reuse; and use of drought-tolerant and native landscape materials . The Specific Plan is consistent with this strategy. Specific Plan features to reduce the use of potable water include irrigation , including the Community Park and Nature Area , with municipal recycled water, on -site treated grey water, storm water and rainfall collection and reuse ; and use of drought-tolerant and native landscape materials . The Specific Plan is consistent with this strategy. Water conservation efforts will include the extension of the future recycled water service to the Plan Area by the Project Applicant(s). This requirement does not apply to any hotel project. Consistent? Consistent Consistent Consistent Cons istent Consistent Consistent ~ 'Z ~ ~ ~ > ~ ~ < M ~ M > rJJ c ~ ~ 0 co M rJJ c co ~ ~ ~ ~ M ~ ~ ~ ::0 M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ::0 rJJ 322 ~ I 0\ 0\ General Plan Text 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 . Strategy ES-7 .11.5: On-site Recycled Water. Encourage on-site water recycling including rainwater harvesting and gray water use . 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. GOAL HS-3: Protect the community from hazards associated with wildland and urban fires Consistency The Specific Plan is consistent with this strategy. As previously noted, water conservation efforts will include but not be limited to the extension of the recycled water service line to the Plan Area by the Project Applicant(s)), as well as on-site storm water capture and reuse for irrigation of the Community Park and Nature Area. The Specific Plan is consistent with this strategy because the Specific Plan incorporates the use of municipal recycled water, on -site treated grey water, storm water and rainfall collection and reuse; and use of drought- tolerant and native landscape materials. The Specific Plan is consistent with this strategy because it includes sustainability strategies and infrastructure design guidelines with the intent of maximizing energy and water conservation. The sustainability design goal is to achieve the highest level of certification from a globally recognized environmental sustainability certification program, such as LEED Platinum certification or its equivalency, which will include a requirement for recycled water for such purposes as irrigation, toilet flushing, and heating and cooling systems, among others . Examples of some of the conservation measures included in the Specific Plan include but are not limited to the Community Park and Nature Area; use of recycled water for irrigation, the central plant cooling towers, and toilet flushing; collect and minimally treat rainwater to offset water consumption; reuse greywater when possible; reduce water consumption through building energy efficiency; use drought-tolerant and native landscape materials; and preserve existing healthy trees where feasible . Health and Safety Element The Specific Plan is consistent with this goal. All building fire water, including public hydrants along Perimeter Road and private hydrants in internal roads, will be served off the domestic water mains in Perimeter Road and meet Fire Code requirements. The Plan Area is in a developed area and is not adjacent to any wild land areas. The Plan Area is not within the area designated as Urban Wildland interface; the Wildland Urban Interface Fire Area map in Cupertino Municipal Code is consistent. Consistent? Consistent Consistent Consistent Consistent ~ :z ~ ""'3 ~ > ""'3 ~ < trj ~ trj > 00. e ~ trj ""'3 0 co trj 00. e co ~ ~ ""'3 ""'3 trj ~ ~ ~ ~ trj ~ ""'3 ~ ~ ""'3 0 ""'3 = trj < 0 ""'3 trj ~ 00. 323 i:= I O'\ -....l General Plan Text 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. 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. GOAL HS-4 Ensure high level of community safety with police services that meet the community's needs 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 . Strategy HS-4.2.1 : Perimeter Roads for Parks. Encircle neighborhood parks with a public road to provide visual accessibility whenever possible . Strategy HS-4.2 .2: Development Review. Continue to request County Sheriff review and comment on development applications for security and public safety measures . Policy HS-4.3: Fiscal Impacts. Recognize fiscal impacts to the County Sheriff and City of Consistency The Specific Plan is consistent with this policy because private residential security gates would not be permitted. The Specific Plan is consistent with this policy because all buildings, including multi-story buildings, would comply with the City of Cupertino's fire protection requirements which require the use of on-site fire suppression materials and equipment. The Specific Plan is consistent with this goal. Although no additional police facilities are required, the Town Center/Community Park includes a fire/police substation to facilitate operations of these agencies during high attendance times within the Plan Area. The Specific Plan is consistent with this policy . The Town Center/Community Park and any portions of Block 14 processed as part of the Town Center/Community Park will require Architectural and Site Review. Architectural and Site Review provides a process to review the architectural and site designs of buildings, structures, signs, lighting, and landscaping . Additional security and public safety measures can be considered during this review . The design of the Community Park and Nature Area is different than most parks because of its location on the roof. The Community Park and Nature Area is adjacent to Perimeter Road on the west side of the park and will be accessible from Perimeter Road. Visual accessibility throughout the park will be provided from the public access trails that traverse the entire park area . The Specific Plan is consistent with this strategy. As noted in the response to Policy HS -4 .2, the Town Center/Community Park and any portions of Block 14 processed as part of the Town Center/Community Park will require Architectural and Site Review . Additional security and public safety measures can be considered during this review . The Specific Plan is consistent with this policy. The Specific Plan identifies allowable funding mechanisms related to police protection . Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ '.2! ~ ~ ~ > ~ ~ < ~ ~ ~ > 00 cj ~ ~ ~ 0 eo ~ 00 cj eo ~ ~ ~ ~ ~ i:= i:= ~ ~ ~ (j ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ 00 324 ~ I 0-.. 00 General Plan Text Cupertino when approving various land use mixes. GOAL HS-5: Reduce risks associated with geologic and seismic hazards Strategy HS-5.1 .1: Geotechnical and Structural Analysis. Require any site with a slope exceeding 10 percent to reference the Landslide Hazard Potential Zone maps of the State of California for all required geotechnical and structural analysis. 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. GOAL HS-6 Protect people and property from the risks associated with hazardous materials and exposure to electromagnetic Fields 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 Consistency The Specific Plan is consistent with this goal because all future development within the Plan Area would be designed to comply with the California Building Code (CBC) as adopted by the City in its Municipal Code, and the American Society of Civil Engineers (ASCE) 7-10 Minimum Design Loads for Buildings and Other Structures. These standards have been developed to reduce risks associated with geologic and seismic hazards . Development would be subject to inspection by the City . The Plan Area is not underlain by any known active or potentially active faults. The Specific Plan is consistent with this policy because the topography of the Plan Area is generally flat and is not located within a Seismic Hazard Zone for landslides . The Specific Plan is consistent with this policy . The Specific Plan will comply with the Municipal Code, including geologic review provisions, to the extent it is not in conflict with the Specific Plan . The Specific Plan is consistent with this goal because development projects are required to comply with all applicable federal, State and regional regulations regarding hazardous materials and electromagnetic fields . The City will review all individual development projects . If the City determines that a prospective user may generate an inordinate quantity or unusual hazardous waste material, then the proposed development may be subject to further review prior to approval. The Specific Plan is consistent with this policy because facilities that store, handle or use regulated substances as defined in the California Health and Safety Code in excess of threshold quantities must prepare and implement, as necessary , a Hazardous Materials Business Plan (HMBP) for the determination of risks to the community . The HMBP will be reviewed Consistent? Consistent Consistent Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ M ~ M > rJJ e ::c M ~ 0 co M rJJ e co ~ ~ ~ ~ M ~ ~ ~ ::c M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ::c rJJ 325 General Plan Text the residential and business communities about the illegality and danger of dumping hazardous material and waste in the storm drain system or in creeks . Policy HS-6.2: Proximity of Residents to Hazardous Materials. Assess future residents' exposure to hazardous materials when new 0 residential development or sensitive populations I 0-, 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. Policy HS-6.3: Electromagnetic Fields (EMF}. Ensure that projects meet Federal and State standards for EMF emissions through development review. 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 reduce hazardous waste requiring disposal through the county-wide program. Consistency and approved by the Santa Clara County Department of Environmental Health Hazardous Materials Compliance Division through the Certified Unified Program Agencies process . Additionally, all hazardous materials such as asbestos, lead based paint, fluorescent and mercury vapor light fixtures are required to be disposed of properly in accordance with applicable regulations . In addition, a Soil Management Plan for all development activities that occur on the Plan Area would be required to ensure that excavated soils are sampled and properly handled/disposed and imported fill materials are screened/analyzed before their use on the property or disposed of off of the Plan Area . The Specific Plan is consistent with this policy because the Plan Area is not located in an existing industrial or manufacturing area . This Specific Plan is consistent with this policy because development projects are required to comply with all applicable federal , State and regional regulations regarding electromagnetic fields. The City will review all individual development projects to ensure that a prospect ive user complies with all applicable regulations. The Specific Plan is consistent with this policy . The City offers green business programs focused on conserving resources and reducing waste . Residents and businesses within the Plan Area would have access to these programs within the City . Consistent? Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ < M ~ M > rJJ. e ~ M ~ 0 co M rJJ. e co ~ ~ ~ ~ M 0 0 ~ ~ M ri ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 326 ~ I -....] 0 General Plan Text 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 . GOAL HS-7: Protect people and property from risks associated with floods. 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. GOAL HS-8: Minimize noise impacts on the community and maintain a compatible noise environment for existing and future land uses. Consistency The Specific Plan is consistent with this policy . The City offers a variety of household and business waste recycling and disposal programs. Residents and businesses within the Plan Area would have access to these programs within the City. The Specific Plan is consistent with this goal because implementation would increase the amount of pervious surfaces in the Plan Area such that post-construction runoff volumes would be less than currently exists . Implementation of the Specific Plan would result in the replacement of primarily impervious surface with the 30-acre Community Park and Nature Area and other landscaped areas. Storm water runoff from the approximately 18 acres of impervious surfaces (driveways, parking areas , building rooftops not covered by the Community Park and Nature Area) would be infiltrated to the groundwater through various bioretention areas, or collected in rainwater cisterns for harvesting (watering landscaped areas). The Specific Plan is consistent with this policy because the Plan Area is outside of the 100-year floodplain and is outside of the flood inundation area associated with failure of the Stevens Creek Reservoir . As part of the implementation of Goal HS -8 and of the above policies, in particular Policy HS-8 .1, Land Use Decision Evaluation, the City of Cupertino has identified compatible noise levels for va r ious types of land uses. Properties adjacent to N. Wolfe Road and Stevens Creek Boulevard fall within the 70 dBA CNEL contour, identified in the General Plan, as do properties proximate to 1-280 . Approximately half of the Plan Area is within a 70 dBA or 65 dBA CNEL contour. The southwestern portion of the Plan Area is within a 60 dBA CNEL contour. Cupertino has adopted the State of California Guidelines for Land Use Compatibility for Community Noise Environments . With the implementation of Environmental Design Features, impacts would be less than significant . The Specific Plan provides for development that will be compatible with these standards . Consistent? Consistent Consistent Consistent Consistent ~ '.Z ~ ~ > ~ ~ < t'f'j ~ t'f'j > 00 cj ~ ~ 0 eo t'f'j 00 cj eo ~ ~ ~ ~ t'f'j ~ ~ ~ ~ t'f'j ~ ~ ~ ~ ~ 0 ~ = t'f'j < 0 ~ t'f'j ~ 00 327 ~ I -....l ~ General Plan Text Policy HS -8.1: Land Use Decision Evaluation . Use the Land Use Compatibility for Commun ity Noise Environments chart, the Futu r e No i se Contour Map (see Figu r e D-1 in Appendix D) and the City Municipal Code to evaluate land use decisions. Policy HS-8.2: Building and Site Design. Minimize noise i mpacts through appropriate building and site design. Strategy HS-8.2 .1 : Comme r ci al Delivery Areas . Locate delivery areas for new comme r cial and industrial developments away from exist i ng or planned homes . 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 near low-intensity residential uses . 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. Consistency As noted above , the Specific Plan would be consistent w ith th i s pol i cy . The Specific Plan is consistent with this policy . Pursuant to EDF N-4, project-specific noise studies would be required to demonstrate how dwelling design within the Town Center/Community Park would meet an interio r residential standard of 45 dBA CNEL. In addition , new office spaces located within all blocks that would be near existing major roadways, including N. Wolfe Road, Vallco Parkway, and 1-280 would be required to ensure interior noise is w ithin levels that are considered suitable for new Specific Plan uses . The Specific Plan is consistent with this strategy because to the degree feasible delive ry areas will be cited to minimize noise to ex isting and planned r esidences . For example, design considerations addressed in the Specific Plan include concealing service entrances, loading docks , and trash collection areas from view within the building mass or by locating them underground . Some sho rt -term retail loading may be located on the street. The Specific Plan is consistent with this strategy because no industrial uses would be permitted within the Plan Area . The Specific Plan is consistent with this strategy because no new sound walls are needed within the Plan Area . Consistent? Cons ist ent Cons istent Consistent Consistent Consistent ~ :z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > rJJ e ~ ~ 0 ~ t'rj rJJ e ~ ~ ~ ~ ~ t'rj ~ ~ ~ t'rj () ~ r >-< ~ 0 ~ = t'rj < 0 ~ t'rj ~ rJJ 328 0 I ---.1 N General Plan Text 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. 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 ne ighborhood 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. Policy HS-8.6: Traffic Calming Solutions to Street Noise. Evaluate solutions to discourage through traffic in neighborhoods through enhanced paving and modified street design . Consistency The Specific Plan is consistent with this policy. In addition to compliance with the City 's Municipal Code which restricts the hours and days of construction, the Environmental Design Features place further restrictions on the types and siting of construction equipment. The Specific Plan is consistent with this policy . As previously noted , properties proximate to 1-280 are within the 70 dBA CNEL contour. Pursuant to the Environmental Design Features , project-specific noise studies would be required to demonstrate how dwelling design within the Town Center/Community Park would meet an interior residential standard of 45 dBA CNEL. In addition, new office spaces located within all blocks that would be near existing major roadways , including N. Wolfe Road , Vallco Parkway, and 1-280 would be required to ensure i nterior noise is within levels that are considered suitable for new Specific Plan uses. The Specific Plan is consistent with this policy. The Specific Plan would not eliminate or redirect existing roadways through the Plan Area, nor does the Specific Plan redirect vehicular traffic through existing residential neighborhoods . The Specific Plan is consistent with this policy. The Town Center/Community Park Project Applicant(s) is required to fund neighborhood traffic monitoring studies and provide fees to implement potential traffic calming improvements to minimize neighborhood traffic if needed. Prior to the issuance of any occupancy permits, the Town Center/Community Park Project Applicant(s) must provide up to $300,000 for the City of Cupertino for potential neighborhood traffic improvements . Consistent? Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < t'rj ~ t'rj > r:JJ e ~ t'rj ~ 0 co t'rj r:JJ e co ~ ~ ~ ~ t'rj 0 0 ~ ~ t'rj r') ~ ~ ~ ~ 0 ~ = t'rj < 0 ~ t'rj ~ r:JJ 329 c I -....l ~ General Plan Text Strategy HS-8.6.1: Local Improvement. Modify street design to minimize noise impact to neighbors. 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. 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 . Strategy INF-1 .1.3: Private Development. Require new development to pay its fair share of, or to extend or construct, improvements to the City 's infrastructure to accommodate growth without impacting service levels. Consistency The Specific Plan is consistent with this strategy through the integration of a multi-modal transportation system that emphasizes the walkability and bikeability of the Plan Area. Additional factors associated with the Town Center/Community Park include underground parking in locations that encourage "one stop" parking (ability to walk to multiple destinations from one parking location). Other factors to minimize noise can include signal synchronization and the use of rubberized roadway materials . Infrastructure Element The Specific Plan is consistent with this policy . Implementation of the Specific Plan requires future project applicant(s) to assure that all on-site and off-site infrastructure, facilities, and services (improvements) required by the Specific Plan are installed, constructed, and completed . The Specific Plan is consistent with this strategy because the wastewater treatment demand would not exceed the development allocations for the Plan Area set forth in the General Plan . The Specific Plan assumes a new public sanitary sewer main and upgrades to the existing sanitary sewer mains would be required and provided as a part of the Specific Plan . With respect to potable water, the Los Altos Suburban (LAS) District of the City of Cupertino has adequate water supplies for the reporting period of 2015 to 2040 to serve the Specific Plan and all existing and anticipated future customers for normal, single dry year, and multiple dry year conditions. As previously addressed, it is the intent of the Specific Plan to reduce the use of potable water by various means including recycling of water and use of grey water. New public water main lines would be required within the Plan Area . The Plan Area would have a dual plumbing system to accommodate recycle water when it becomes available . The Specific Plan is consistent with this strategy . The Specific Plan identifies the allowable mechanisms to finance on-site and off-site improvements including infrastructure improvements. Consistent? Consistent Consistent Consistent Consistent ~ z ~ ~ ~ > ~ ~ < t_'!rj ~ t_'!rj > 00 Cj ~ t_'!rj ~ 0 ~ t_'!rj 00 Cj ~ ~ ~ ~ ~ t_'!rj c c ~ ~ t_'!rj (j ~ r ~ ~ 0 ~ = t_'!rj < 0 ~ t_'!rj ~ 00 330 ~ I -....] .... General Plan Text Strategy INF-1 .1.4: 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. Policy INF-1.4: Funding. Explore various strategies and opportunities to fund existing and future infrastructure needs 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. Strategy INF-1.4 .2: Future Infrastructure Needs. For new infrast r ucture, require new development to pay its fair share of, or to extend or construct, improvements to accommodate growth without impacting service levels . GOAL INF-2: Ensure that city rights-of-way are protected from incompatible uses and enhanced with sustainable features when possible Policy INF-2.2: Multimodal 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 . Consistency The Specific Plan is cons istent with this strategy because infrastructure improvements would be coordinated. The Specific Plan is consistent with this strategy. The Specific Plan identifies the allowable mechanisms to finance on-site and off-site improvements including infrastructure improvements. As previously addressed, the Specific Plan is consistent with this strategy. As previously addressed, the Specific Plan is consistent with this strategy. The Specific Plan is consistent with this goal. The Specific Plan land uses are consistent with the City's General Plan land uses and designations for the Plan Area . Therefore, rights of way within the Plan Area would also be compatible . Sustainable features for the Plan Area are addressed in Chapter 5: Sustainability & Smart City Strategies of the Specific Plan . The Specific Plan is consistent with this policy. Public streets within the Plan Area are planned to provide for vehicular, transit, and bicycle traffic as well as pedestrian pathways. Future adaptation of these public streets for new technologies can be evaluated as necessary in the future in accordance with the Specific Plan and City laws and regulations . Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ z ~ ~ > ~ ~ < ~ ~ ~ > rJl e ~ ~ ~ 0 ~ ~ rJl e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (.) ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJl 331 ~ I -....J Ul General Plan Text Policy INF-2.3: Green Streets. Explore the development of a "green streets" program to minimize stormwater runoff in City 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. 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 . Policy INF-2.5: Recycled Water Infrastructure. Plan for citywide access to recycled water and encourage its use. Strategy INF-2.5.1 : Availability. Expand the availability of a recycled water system through public infrastructure projects and development review . Strategy INF-2 .5 .2: Use. Encourage private and public projects to incorporate the use of recycled water for landscaping and other uses . Consistency The Specific Plan is consistent with this policy. Implementation of the Specific Plan would result in the replacement off primarily impervious surface with the 30-acre Community Park and Nature Area and other landscaped areas . Storm water runoff from the approximately 18 acres of impervious surfaces (driveways, parking areas, building rooftops not covered by the Community Park and Nature Area) would be infiltrated to the groundwater through various bioretention areas, or collected in rainwater cisterns for harvesting (watering landscaped areas). The Specific Plan is consistent with this policy because utilities would be placed underground to the extent feasible. The Specific Plan is consistent with this strategy because utilities would be placed underground to the extent feasible . The Specific Plan is consistent with this policy because water lines for both potable and recycle water will be provided within the Plan Area in order that recycled water can be used once service is available. The Specific Plan is consistent with this strategy. As previously noted, water conservation efforts will include the extension of the recycled water service to the Plan Area by the Project Applicant(s), as well as on- site storm water capture and reuse for irrigation of the Community Park and Nature Area . The Specific Plan is consistent with this strategy. As previously addressed, Specific Plan features to reduce the use of potable water include irrigation, including the Community Park and Nature Area, with municipal recycled water, on-site treated grey water, storm water and rainfall collection and reuse; and use of drought-tolerant and native landscape materials . Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ 1-3 ~ > 1-3 ~ < M ~ M > \fl Lj ~ 1-3 0 ~ M \fl Lj ~ ~ ~ 1-3 1-3 M ~ ~ ~ ~ M (j 1-3 ~ ~ 1-3 0 1-3 = M < 0 1-3 M ~ \fl 332 0 I ......... O"I General Plan Text Strateg_'t_ /NF-2 .5.4 : Val/co Town Center Seecifjc Plan. Reguire that any 1:1roject that fully redevelo1:1s the existing mall within the Vallee Sho1:11:1ing District extend the recycled water line to the area covered by the Vallco Town Center S1:1ecific Plan and maximize use of recycled water. This reguirement shall not a1:11:1ly to any hotel 1:1roject within the Vallee Town Center S1:1ecific Plan area. GOAL INF-4: Implement best practices in stormwater management to reduce demand on the stormwater network, reduce soil erosion, and reduce pollution into reservoirs and the Bay Strategy INF-4.1.1: Management. Reduce the demand on storm drain capacity through implementation of prog r ams that meet and even exceed on-site drainage requirements . 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 . Consistency The Specific Plan is consistent with this strategy . As previously noted, water conservation efforts will include but not be limited to the extension of the recycled water service, by the Project Applicant(s), as well as on- site storm water capture and reuse for irrigation ofthe Community Park and Nature Area . The Specific Plan is consistent with this goal because it will result in the replacement of primarily impervious surface with the 30-acre Community Park and Nature Area and other landscape areas . Rain water will be cleaned, and to the fullest extent possible, collected and reused within the Plan Area for irrigation. Rainfall on the podium area and Perimeter Road will be treated and reused through flow-through planters, bioretention planters and rainwater harvesting where feasible . The Specific Plan is consistent with this policy. The San Francisco Bay Municipal Regional Stormwater NPDES permit mandates treating 100% of the storm water runoff with LID measures (e .g., rainwater harvesting, re- use , infiltration, and biotreatment). The Specific Plan would result in the replacement of primarily impervious surface with the 30-acre Community Park and Nature Area . Rain water will be cleaned, and to the fullest extent possible, collected and reused within the Plan Area for irrigation . Rainfall on the podium area and Perimeter Road will be treated and reused through flow-through planters , bioretention planters and rainwater harvesting where feasible . The Specific Plan is consistent with th i s strategy. The Specific Plan identifies the on-site and off-site improvements, the timing for these improvements, and a description of the allowable financing mechanisms for the implementation and maintenance of improvements. Consistent? Consistent Consistent Consistent Consistent ~ :z ~ ~ > ~ ~ ~ 3: ~ > rJl e ~ ~ ~ 0 co ~ rJl e co 3: ~ ~ ~ ~ 0 0 ~ ~ ~ n ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJl 333 General Plan Text GOAL INF-5: Ensure that the city's wastewater system continues to meet current and future needs 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. 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. Policy INF-5.2: Demand. Look for ways to reduce demand on the City's wastewater system through ~ implementation of water conservation measures . I -...J -...J GOAL INF-6: Encourage innovative technologies and communication systems that provide excellent services to businesses and residents 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. Consistency The Specific Plan is consistent with this goal because the Specific Plan provides for additional infrastructure and upgrades to existing infrastructure and upgrades to existing infrastructure to accommodate the Plan Area's flows. The Specific Plan is consistent with this policy; see response to Goal INF-5 . The Specific Plan is consistent with this strategy; see response to Goal INF-5. The Specific Plan is consistent with this policy. Features to reduce the use of potable water include irrigation, including the Community Park and Nature Area, with municipal recycled water, on-site treated grey water, storm water and rainfall collection and reuse; and use of drought-tolerant and native landscape materials . The Specific Plan is consistent with this goal. Existing public communication lines run underground on the east side of N. Wolfe Road from north to south. There are no proposed changes to these lines . Internal to the Plan Area, communication lines would be extended from N. Wolfe Road to serve future development within the Plan Area off of Perimeter Road . Communication lines, including wireless communications, serving future development within the Plan Area would be sized appropriately to serve new users at speeds and capacities that meet current standards set by a competitive marketplace among communications providers . Existing public communication lines run underground on the east side of N. Wolfe Road from north to south. There are no proposed changes to these lines. The Town Center/Community Park will extend communication lines from N. Wolfe Road to serve development off of Perimeter Road . Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ ~ ~ ..., ~ > ..., ~ < trj ~ trj > 00. c ~ ..., 0 ec trj 00. c ec ~ ~ ..., ..., trj ~ ~ ~ ~ trj (j ..., ~ ~ ..., 0 ..., = trj < 0 ..., trj ~ 00. 334 ~ I ........) 00 General Plan Text GOAL INF-7: Ensure that the city meets and exceeds regulatory waste diversion goals by working with providers, businesses and residents 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 . Policy INF-7.3: Operations. Encourage public agencies and private property owners to design their operations to meet, and even, exceed regulatory waste diversion requirements. GOAL INF-8: Develop and enhance programs that reduce, reuse and recycle waste Consistency The Specific Plan is consistent with this goal. As required by AB 939, a minimum of 50 percent of the City's solid waste must be diverted from landfills. Per the Municipal Code, the construction contractor would be required to salvage or recycle at least 60 percent of the debris from construction to meet City requirements . One of the objectives of the Specific Plan is to minimize the consumption of energy and water, and to maximize the amount of waste diverted from landfills. Proposed Specific Plan strategies include recycling or salvaging of non-hazardous construction and demolition waste; maximizing the use of recycled materials in the infrastructure; using concrete containing fly ash, slag, or other recycled fill; providing bins for recyclables and compostables in all public areas; and partnering to ensure all collected compostables are diverted from landfills . The Specific Plan is consistent with this policy . See response to Goal INF-7. The Specific Plan is consistent with this policy. See response to Goal INF-7. The Specific Plan is consistent with this goal. One of the focus areas of the Specific Plan is demol ition waste and dust control, use of recycled construction materials and solid waste separation and land fill avoidance. Proposed Specific Plan strategies include recycling or salvaging the majority of non-hazardous construction and demolition waste; maximizing the use of recycled materials in the infrastructure and buildings; using concrete containing fly ash, slag, or other recycled fill; providing bins for recyclables and compostables in all public areas; and partnering to ensure all collected compostables are diverted from landfills. Consistent? Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJ). e ~ ~ ~ 0 ~ ~ rJ). e ~ ~ ~ ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJ). 335 ~ I -.....J \0 General Plan Text Policy INF-8.1: Reducing Waste. Meet or exceed Federal , State and regional requirements for solid waste diversion through implementation of programs. Strategy INF-8 .1.1 : Outreach . Conduct and enhance programs that promote waste reduction through partnerships with schools , i nstitutions, businesses and homes . Strategy INF-8.1.2 : Hazardous Waste . Work with providers and businesses to provide convenient hazardous and e-waste facilities for the community. Strategy INF-8 .1 .5 : Collaboration . Collabo r ate with agencies and large bus i nesses or projects to enhance opportunities for community-wide recycling , reuse and reduction programs . Strategy INF-8 .1.X: Construction Waste . Continue to requ i re recycling and encourage the reuse of building materials during demolition and construction of City, agency and private projects. Strategy INF-8 .1 .X: Recycled Materials . Encourage the use of recycled materials and sustainably harvested materials in City, agency and private projects . Consistency The Specific Plan is consistent with this policy because it identifies strategies and requirements to reduce the division of solid waste to landfills during construction and operation . The Specific Plan is consistent with this policy because it identifies strategies and requirements to reduce the division of sol id waste to landfills during construction and operation . The Specific Plan is consistent with this strategy. The City offers a variety of household and business waste recycling and disposal programs. Residents and businesses within the Plan Area would have access to these programs within the City . The Specific Plan is consistent with this strategy; see response to Goal INF -8 . The Specific Plan is consistent with this strategy. Waste would be diverted through recycling, reuse at future construction sites within the Plan Area , or reuse at off-site locations . A waste diversion plan prepared by future project applicant(s) within the Plan Area would identify, source , and reuse/recycle materials by category. Concrete, steel , and wood would be sorted separately for reuse and recycling . Drywall , carpet and other finish materials would be evaluated for appropriate diversion streams. Delivery packaging and crating would be planned for intended reuse and diversion, and integrated into the Plan Area-wide waste diversion program . The Specific Plan is consistent with th is strategy as noted in the response to Strategy INF-7 .3 .2. Recreation, Parks, and Community Services Element Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < ~ ~ ~ > rJl e :::c ~ ~ 0 co ~ rJl e co ~ ~ ~ ~ ~ ~ ~ ~ :::c ~ (") ~ ~ ~ ~ 0 ~ = ~ < 0 ~ ~ :::c rJl 336 e::; I QO 0 General Plan Text GOAL RPC-1: Create a full range of park and recreational resources and preserve natural resources 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 . Strategy RPC-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. Strategy RPC-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 . GOAL RPC-2: Distribute parks and open space throughout the community and provide services, and safe and easy access, to all residents and workers Policy RPC-2.1: Parkland Acquisition. The City's parkland acquisition strategy should be based upon three broad objectives: • Distributing parks equitably throughout the City ; Consistency The Specific Plan is consistent with this goal because it provides for multiple park and recreational facilities . The Town Center/Community Park's 30-acre Community Park and Nature Area would include public trails, playgrounds, passive and active recreational areas, open space, vineyards, orchards, and organic gardens, and an outdoor amphitheater. The Specific Plan exceeds the City's park standards. Based on the City's average household size, the Specific Plan would generate the need for 6.79 acres of parkland. The Specific Plan includes two Town Squares and the 30-acre Community Park and Nature Area for a total of approximately 33 acres of accessible park and open space areas. The City's General Plan park standard is 3 acres of park per 1,000 people. Based on the City's average household size (2.87 persons per household), the Town Center/Community Park would generate the need for approximately 6.79 acres of parkland . The Specific Plan includes two Town Squares and a 30-acre Community Park and Nature Area for a total of approximately 33 acres of accessible park and open space areas. The Community Park and Nature Area would include a playground and trails which are features often found in neighborhood parks. The Specific Plan would exceed the 5 acres of parkland per 1,000 residents standard proposed in this strategy. Under this revised standard, the Specific Plan would be required to provide approximately 11.5 acres of parkland; approximately 33 acres of accessible park and open space areas are being provided. The Specific Plan is consistent with this goal because it provides park and open space areas within the Plan Area that would be open to the public and accessible because of multi-modal transportation options internal and external to the Plan Area . The Specific Plan is consistent with this policy; see response to Goal RPC- 2. The Community Park and Nature Area would be accessible to pedestrians and bicyclists through pathways through the Plan Area that connect to off-site existing and planned City pathways. Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ ~ > ~ ~ < M ~ M > rJJ e ~ M ~ 0 co M rJJ e co ~ ~ ~ ~ M e::; e::; ~ ~ M ~ ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJJ 337 ~ I QO ~ General Plan Text • Connecting and providing access by providing paths, improved pedestrian and bike connectivity and signage; and • Retaining and restoring creeks and other natural open space areas . 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 . 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 . 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 . Consistency Consistent? The Specific Plan is consistent with this strategy because 33 acres of parks Consistent and open space will be provided within the Plan Area . The Specific Plan is consistent with this policy through the provision of Consistent two publicly accessible Town Squares and the 30-acre Community Park and Nature Area . The Specific Plan is consistent with this strategy. As previously noted, the Consistent Town Squares and Community Park and Nature Area will be accessible to the public. The Community Park and Nature Area will include both passive and active recreational areas. ~ :z ~ ~ > ~ ~ < ~ ~ ~ > rJJ. e ~ ~ 0 eo ~ rJJ. e eo ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ () ~ r ~ ~ 0 ~ = ~ < 0 ~ ~ ~ rJJ. 338 ~ I QO N General Plan Text Policy RPC-2 .3: Parkland Distribution. Strive for an equitable distribution of parks and recreational facilities throughout 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 a re as . • Medium Priority: Parks in neighborhoods that have other agency facilities such as school fields and district 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 . 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 facilities; 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 provi de adequate directional and site signage to identify public parks . Strategy RPC-2 .4.1 : Pedestrian and Bike Planning . Implement recommendations in the Bicycle and Consistency Consistent? The Specific Plan is consistent with this policy. The 30 -acre Commun ity Consistent Park and Nature Area is a feature of the Town Center/Community Park . As previously noted, both portions of the Community Park and Nature Area and the Town Squares will be publicly accessible . The Specific Plan is consistent with this policy through the provision of Consistent pedestrian and bicycle pathways throughout the Plan Area . All residents of the Plan Area would be less than Yi-mile from the Community Park and Nature Area, which will be identified with wayfinding signage . The Specific Plan is consistent with this strategy . The Plan Area is located Consistent in a Transit Priority Area and therefore includes walkable connections to ~ z ~ ~ ~ > ~ ~ < t'!'j ~ t'!'j > \Fl e ~ t'!'j ~ 0 ~ t'!'j \Fl e ~ ~ ~ ~ ~ t'!'j ~ ~ ~ ~ t'!'j ~ ~ ~ ~ ~ 0 ~ = t'!'j < 0 ~ t'!'j ~ \Fl 339 t;:; I 00 ~ General Plan Text Pedestrian Plans to link employment and special areas , and neighborhood to services including parks, schools and neighborhood shopping. 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. Policy RPC-2 .5: Range of Park Amenities. Provide parks and recreational facilities for a variety of recreational activities . Strategy RPC-2 .5.1 : Special Needs. Extend recreational opportunities for special needs groups (seniors, disabled, visually -challenged, etc.) by making improvements to existing facilities and trails . Consistency existing and planned transit opportunities. Pedestrian and bicycle pathways would be located throughout the area and would connect to existing and planned connections external to the Plan Area . Within the Plan Area, employment, commercial/retail, entertainment, hotel, and recreational uses would be provided . Sidewalks will be continuous, accessible, and tree-lined with signalized crosswalks connecting the street grid. The existing bicycle network on N. Wolfe Road, Vallco Parkway, and Stevens Creek Boulevard will continue onto the site with additional bike lanes on the interior street network. The other internal roads will be shared bike/vehicle lanes. All roadway access points off of the public roadways will include safe pedestrian and bicycle crossings, and will connect to the Plan Area's internal street grid . As is applies to the Specific Plan, the Specific Plan will have a Master Sign Program for the Plan Area . Wayfinding is a term used to describe how pedestrians, bi cyclists, and motorists navigate throughout the Plan Area . The intent of the wayfinding signage plan is to provide a consistent set of identifiable signs to enable users to navigate effectively throughout the Plan Area, including movement through the Community Park and Nature Area . The Specific Plan is consistent with this policy because a range of amenities will be provided in the Community Park and Nature Area . Community activities will be located in the center of the park and provide uses including a large play space and garden for children , indoor and outdoor community meeting spaces, dining opportunities, an outdoor amphitheater and performance spaces, vineyards, orchards, and organic gardens. The Specific Plan is consistent with this strategy . The Community Park and Nature Area will include a minimum of 3.8 miles of pedestrian trails. An ADA accessible promenade path loop constructed of flexible stabilized permeable materials will be provided on the Community Park and Nature Area . Consistent? Consistent Consistent Consistent ~ ~ ~ ,..., > ,..., ~ < M ~ M > rJJ. e ~ ,..., 0 co M rJJ. e co ~ ~ ,..., ,..., M t;:; t;:; ~ ~ M () ,..., ~ ~ ,..., 0 ,..., = M < 0 ,..., M ~ rJJ. 340 ~ I QO ... General Plan Text 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. GOAL RPC-4: Integrate parks and public facilities within neighborhoods and areas Policy RPC-4.1: Recreational Intensity. Design parks appropriately to address the facility and recreational programming required by each special area and neighborhood based on current and future plans for the areas . Policy RPC-4.2: Park Safety. Design parks to enhance public safety by providing visibility to the street and access for public safety responders . GOAL RPC-5: Create an interconnected system of multi-use trails and provide safe pedestrian and bicycle access through the City and connections to local nodes and destinations 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 . Strategy RPC-5.1.2: Trail Projects . Implement trail projects described in this Element; evaluate any Consistency The Specific Plan is consistent with this strategy. The Community Park and Nature Area will include vineyards, orchards, and organic gardens . The Specific Plan is consistent with this goal because the Plan Area will include a 30 -acre Community Park and Nature Area. The Specific Plan is consistent with this goal because the 30-acre Community Park and Nature Area exceeds the City's requirements for the provision of parkland and is a unique feature of the Town Center/ Community Park . The Specific Plan is consistent with this policy . Safety within the Community Park and Nature Area will be addressed by an integrative strategy of design, programming, maintenance and community involvement. Parks users will be safely protected by various design strategies that will prohibit access to the roof edge . The Specific Plan is consistent with this goal. The Plan Area is located in Transit Priority Area and therefore includes walkable connections to existing and planned transit opportunities. As previously addressed, pedestrian and bicycle improvements will be constructed to connect to existing and future planned facilities. These improvements include a trailhead connection on N. Wolfe Road; intersections and intersection improvements to accommodate pedestrian and bike traffic without vehicular conflicts; and continuous sidewalks. Within the Plan Area, bicycle striping, green bike lanes, and bike boxes will highlight the presence of a multi-modal street network. The Specific Plan is consistent with this strategy; see response to Goal RPC-5 . The Specific Plan is consistent with this strategy. As noted, pedestrian and bicycle improvements will be constructed to connect to existing and Consistent? Consistent Consistent Consistent Consistent Consistent Consistent Consistent ,..... :z ,..... ~ > ~ ,..... < M ~ M > rJJ. e ~ ~ 0 ~ M rJJ. e ~ ~ ,..... ~ ~ M ~ ~ ~ n ~ r-- ~ ~ 0 ~ = M < 0 ~ M ~ rJJ. 341 ~ I QO Ul General Plan Text 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 . 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 . Policy RPC-5.2: Pedestrian and Bicycle Paths. Develop a citywide network of pedestrian and bicycle pathways to connect employment centers, shopping areas and neighborhoods to services including parks, schools, libraries and neighborhood centers . GOAL RPC-6: Create and maintain a broad range of recreation programs and services that meet the needs of a diverse population. Policy RPC-6.2: Partnerships. Enhance the city's recreational programs and library service through partnerships with other agencies and non -profit organizations. If higher level of library service is desired, cooperation with the County of Santa Clara to expand service and/or facilities may be required. 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 . Consistency future planned facilities. The Specific Plan provides that pedestrian and bicycle improvements will connect to existing and future planned facilities, and it provides for a funding contribution for a future planned trail along the south side of 1-280 between De Anza Boulevard and N. Wolfe Road . The Town Center/Community Park will also fund transportation and transit infrastructure . The Specific Plan is consistent with this strategy because trails will be provided as a part of the Specific Plan. The Specific Plan is consistent with this policy because it provides pedestrian and bicycle pathways within the Plan Area and connections to off-site existing and planned pathways . The Specific Plan is consistent with this goal. Both the Town Squares and the Community Park and Nature Area provide opportunities for a variety of programs . The Specific Plan is cons i stent with this policy because the 30-acre Community Park and Nature Area and the High School science and engineering Innovation Center will improve the City's recreational and educational opportunities . The Specific Plan is consistent with this policy because permanent and temporary public art will be provided in the Plan Area . Public art may include sculptures, painting/murals, mosaics, or functional artwork and may be located in the Town Squares, the Stevens Creek Boulevard frontage, and within the Community Park and Nature Area . Consistent? Consistent Consistent Consistent Consistent Consistent ~ '.Z ~ ~ > ~ ~ < M ~ M > rJ). c ~ ~ 0 ~ M rJ). c ~ ~ ~ ~ ~ M ~ ~ ~ ~ M n ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ rJ). 342 ~ I QO 0\ General Plan Text GOAL RPC-7: Provide high -quality, flexible and well-maintained community facilities that meet the changing needs of the community and area a source of community identity Policy RPC-7.2: Flexibility. Design facilities to be flex i ble to address changing community needs . Policy RPC-7.3: Maintenance. Design facilities to reduce maintenance, and ensure that facilities are maintained and upgraded adequately. GOAL RPC-8: Cooperate with school districts to share facilities and meet community needs 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 . Strategy RPC-8 .1.3 : School Facility Needs. Collaborate with schools on their facility needs through sharing of development i nformation and partnerships through major development projects. Consistency The Specific Plan is consistent with this goal because a range of amenities will be provided in the Community Park and Nature Area . Community activities will be located in the center of the park and provide uses including a large play space and garden for children, indoor and outdoor community meeting spaces, dining opportunities, an outdoor amphitheater and performance spaces, vineyards, orchards, and organic gardens . The Spec ific Plan is consistent with this policy. The Community Park and Nature Area will include areas for community gatherings such as weddings, fundraisers, cultural events and festivals that creates an open and flexible community space for multiple programming opportunities . The Specific Plan is consistent with this policy because facilities within the Plan Area will be subject to ongoing maintenance, and upgrades as needed . The Specific Plan is consistent with this goal. The Specific Plan provides for a High School science and engineering Innovation Center that would be a flexible, multi-use space used by district high school students to build projects together while collaborating with members of the greater community. The Specific Plan is consistent with this strategy . See response to Goal RPC -8 . The Specific Plan is consistent with this strategy. See response to Goal RPC -8 . Consistent? Consistent Consistent Consistent Consistent Consistent Consistent ~ ~ ~ ~ > ~ ~ < M ~ M > \Fl e g; ~ 0 co M \Fl e co ~ ~ ~ ~ M ~ ~ ~ ~ M (j ~ ~ ~ ~ 0 ~ = M < 0 ~ M ~ \Fl 343 RECEIVED MAR f 8 2016 CUPERTINO CITY CLERK CITY ATTORNEY'S BALLOT TITLE AND SUMMARY FOR PROPOSED INITIATIVE SUBMITTED ON MARCH 3, 2016 TITLE: Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area ("Area") contains a mixture of residential, office, retail, civic and education uses; (2) require any development to fund or provide community benefits such as transit, schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in accordance with the Initiative and establish a process for future approvals; and making related amendments to Cupertino's General Plan and Municipal Code. SUMMARY: The Initiative involves the property designated in Cupe11ino's General Plan (Community Vision 2015 -2040) as the Vallco Shopping District Special Area. Fifty-one acres of the 58-acre property are currently occupied by the Vallco Shopping Mall . The General Plan envisions redevelopment of the Area as a mixed-use project, sets f011h development allocations, goals, policies and strategies, and requires adoption of a specific plan prior to any development. The Initiative states that it implements and fulfills the requirements of the General Plan and the vision of the community by approving the Vallco Town Center Specific Plan ("Specific Plan") establishing a mix of retail, dining, entertainment, recreation, offices, housing, hotel, education, civic, public open space, and amenities. The Initiative includes associated amendments to the General Plan and City of Cupertino Municipal Code. The Initiative: (1) States that it would entitle the prope11y owners to develop the Area in accordance with the Specific Plan, exempt the Area from provisions of the Municipal Code not provided in the Specific Plan, and establish process for future approvals; (2) Adopts a Specific Plan establishing development features for the Area including: (a) 389 residential units (minimum 20% senior apartments), which may be increased through a Conditional Use Pe1mit process up to the General Plan allocations if there are no significant and unavoidable impacts beyond those identified in the General Plan Environmental Impact Rep011; (b) 2,000,000 square feet ("sf') of office space (minimum of 100,000 sf of incubator space for businesses); ( c) 640,000 sf of commercial space (regional retail, ente11ainment, and personal service); ( d) 100,000 (minimum 50,000) sf of public/civic space; (e) Two Town Centers (3-acre minimum); 344 (f) 30 acres minimum of Community Park and Nature Area or "green roof' (3 .8 miles minimum to be publicly accessible trails), with drought tolerant landscaping and recycled water infrastructure ; (g) 9,060 parking spaces below , above , and at grade level ; (h) 80 feet (maximum) building height west of Wolfe Road and 95 feet (maximum) building height east of Wolfe Road, scaled to minimize impacts on residential ; and (i) 191 hotel rooms (in addition to a previously approved hotel). (3) Requires any development, other than on two sites proposed for hotels, to fund community benefits which may be incorporated into a development agreement, including transportation improvements ($30 million for I-280, a free shuttle, transit center, and bike/pedestrian trails), 5,000 square feet of charitable civic space, and no less than 10 times what is legally required for schools (approximately $40 million); (4) Changes standards for "parcelization" (division of the property into smaller parcels); and (5) States that, until January 1, 2027, its provisions may only be amended or repealed by the voters. 2 345 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DIRECTING CITY STAFF TO PREPARE A REPORT ON THE EFFECTS OF THE PROPOSED INITIATIVE ENTITLED “INITIATIVE ADOPTING THE VALLCO TOWN CENTER SPECIFIC PLAN TO (1) PROVIDE THAT THE VALLCO SHOPPING DISTRICT SPECIAL AREA (“AREA”) CONTAINS A MIXTURE OF RESIDENTIAL, OFFICE, RETAIL, CIVIC AND EDUCATION USES; (2) REQUIRE ANY DEVELOPMENT TO FUND OR PROVIDE COMMUNITY BENEFITS SUCH AS TRANSIT, SCHOOLS, A GREEN ROOF, AND RECYCLED WATER; AND (3) GRANT THE PROPERTY OWNER INITIAL ENTITLEMENTS TO DEVELOP IN ACCORDANCE WITH THE INITIATIVE AND ESTABLISH A PROCESS FOR FUTURE APPROVALS; AND MAKING RELATED AMENDMENTS TO CUPERTINO’S GENERAL PLAN AND MUNICIPAL CODE” AND TO APPROPRIATE FUNDS FOR THE PREPARATION OF THE REPORT WHEREAS, on March 3, 2016, Vicky Tsai and Judy Wilson submitted to the City Clerk a Notice of Intent to circulate an initiative petition (“Vallco Initiative”) and a request for the City Attorney to prepare the official ballot title and summary; and WHEREAS, on March 18, 2016, the City Attorney prepared the Title and Summary for the Vallco Initiative and provided it to the proponents; and WHEREAS, Elections Code section 9212 authorizes the City Council to direct City staff to prepare a report on the impacts of the Initiative, including seven specified types of impacts as well as on “any other matter” that the City Council requests to be included in the report; and WHEREAS, the City Council has determined that such a report would provide valuable information about the Vallco Initiative to the Council and to all interested residents of the City; and WHEREAS, the preparation of an Elections Code section 9212 report is not a project under provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA"), in that this is administrative action which does not involve a direct or reasonably foreseeable indirect impact on the physical environment; and; NOW, THEREFORE, BE IT RESOLVED: 346 Resolution No. 16- Page 2 1. The City Council directs City staff to : a. Prepare a Report on the effects of the Vallco Initiative pursuant to Elections Code section 9212, addressing each of the impacts specified in subsection (a)(1)-(7) of that section, to the extent applicable, as well as any other items identified by the City Council, including comparison to other pending initiatives; and b. Retain, at the direction of the City Manager, any consultants that the City Manager determines are necessary to complete the Report, in an amount not to exceed $180,000.00; and c. Present the Report to the City Council no later than the latest date authorized by Elections Code section 9212(b); and 2. The City of Cupertino’s Operating Budget for the Fiscal Year 2015/2016 is hereby amended to appropriate $180,000.00 for the preparation of the Report. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 31st day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ___________________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 347 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-1570 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:3/10/2016 City Council On agenda:Final action:3/31/2016 Title:Subject: Election Code section 9212 report relating to proposed Cupertino Citizens’ Sensible Growth Initiative entitled, “Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions” (“CCSGI Initiative”); determination whether to adopt the CCSGI Initiative or place measure on the ballot; and determination regarding ballot arguments and impartial analysis Sponsors: Indexes: Code sections: Attachments:Staff Report A - 9212 Report A-1 - Appendix 1 (Text of Proposed Initiative, Title & Summary, Notice of Intent) A-2 - Appendix 2 (Section description of summary of Initiative) A-3 - Appendix 3 (CA Elections Code 9212) A-4 - Appendix 4 (Resolution No. 16-009 calling for report) A-5 - Appendix 5 (9212 Environmental Analysis) A-6 - Appendix 6 (Memo regarding 9212 report) A-7 - Appendix 7 (Fiscal Analysis tables) A-8 - Appendix 8 (Report from Sheriff's office) B - Draft Resolution calling election for measure C - Draft Resolution for filing Written Arguments D - Draft Resolution for filing Rebuttal Arguments E - City Attorney Memorandum for Placing on the Ballot Action ByDate Action ResultVer. City Council3/31/20161 Subject:ElectionCodesection9212reportrelatingtoproposedCupertinoCitizens’Sensible GrowthInitiativeentitled,“InitiativeamendingCupertino’sGeneralPlantolimit redevelopmentoftheVallcoShoppingDistrict,limitbuildingheightsandlotcoveragesin areasthroughouttheCity,establishnewsetbacksandbuildingplanesonmajorthoroughfares, andrequirevoterapprovalforanychangestotheseprovisions”(“CCSGIInitiative”); determinationwhethertoadopttheCCSGIInitiativeorplacemeasureontheballot;and determination regarding ballot arguments and impartial analysis 1.ReceivetheReportontheImpactsofProposedInitiativeandeither:a.AdopttheInitiative; orb.AdoptResolutionNo.16-028orderingthattheInitiativebeplacedontheBallotforthe November8,2016GeneralMunicipalElection,tobeconsolidatedwiththeStatewideGeneral CITY OF CUPERTINO Printed on 3/28/2016Page 1 of 2 powered by Legistar™348 File #:16-1570,Version:1 Election; and 2.AdoptResolutionNo.16-029consideringwhethertodirecttheCityClerktotransmitthe InitiativetotheCityAttorneyforpreparationofanImpartialAnalysisandwhethertoauthorize CityCouncilmembers,ortheCouncilasawhole,tosubmitballotargumentsagainstthe Initiative; and 3.AdoptResolutionNo.16-030consideringwhethertoauthorizerebuttalargumentsforand against the Initiative CITY OF CUPERTINO Printed on 3/28/2016Page 2 of 2 powered by Legistar™349 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: March 31, 2016 Subject Election Code section 9212 report relating to proposed Cupertino Citizens’ Sensible Growth Initiative entitled, “Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions” (“CCSGI Initiative”); determination whether to adopt the CCSGI Initiative or place measure on the ballot; and determination regarding ballot arguments and impartial analysis. Recommended Action 1. Receive the Report on the Impacts of Proposed Initiative and either: a. Adopt the Initiative; or b. Order that the Initiative be placed on the Ballot for the November 8, 2016 General Municipal Election, to be consolidated with the Statewide General Election per the draft resolution; and 2. Consider whether to direct the City Clerk to transmit the Initiative to the City Attorney for preparation of an Impartial Analysis and whether to authorize City Council members, or the Council as a whole, to submit ballot arguments against the Initiative per the draft resolution; and 3. Consider whether to authorize rebuttal arguments for and against the Initiative per the draft resolution. Discussion At the City Council’s March 1, 2016, meeting, the City Clerk certified that the proponents of the Initiative submitted sufficient signatures to qualify the Initiative for the November 8, 2016 general municipal election. As authorized by the Elections Code , the City Council previously directed City staff to prepare a Report on the impacts of the Initiative and to submit that Report no later than the last date allowed under the 350 Elections Code, which is March 31, 2016. The requested Report is being submitted to the City Council under separate cover along with this Staff Report. (Attachment A.) Pursuant to the Elections Code, the Council must now take one of the following two actions: 1. Adopt the Initiative, without alteration, at the March 31, 2016 City Council meeting, or within 10 days thereafter (Elec. Code § 9215(c)); or 2. Order that the Initiative be placed on the ballot for the November 8, 2016, general election. (Elec. Code § 9215(b) & (c)). Each of these options is discussed in the attached memorandum from the City Attorney’s Office. The Council must also decide whether to (1) direct the City elections official to transmit the Initiative to the City Attorney for preparation of an impartial analysis, (2) authorize some or all of its members to submit ballot arguments against the Initiative, and/or (3) provide for rebuttal arguments for and against the Initiative. Sustainability Impact No sustainability impact. Fiscal Impact The City's next General Municipal Election will be held on November 8, 2016. Staff will not know the actual costs until it is billed for election services. The cost of a consolidated election to include this Initiative is estimated at $52,900 for the base cost for City Council vacancies (does not include the cost of candidate statement at approximately $1,900 per statement which is paid for by the candidate), plus an additional $53,400 for each 6-page measure on the ballot. _____________________________________ Prepared by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A – 9212 Report A-1 – Appendix 1 (Text of proposed Initiative, Title and Summary, Intent to Circulate) A-2 – Appendix 2 (Section-by-section description and summary of Initiative) A-3 – Appendix 3 (California Elections Code, Section 9212) A-4 – Appendix 4 (City Council Resolution No. 16-009 calling for 9212 report) A-5 – Appendix 5 (9212 Environmental Analysis) 351 A-6 – Appendix 6 (Memorandum regarding Vallco Initiative 9212 Report) A-7 – Appendix 7 (Fiscal Analysis Tables) A-8 – Appendix 8 (Report from Sheriff’s Office) B – Draft resolution calling General Municipal Election for November 8, 2016 for ballot measure C – Draft resolution providing for Written Arguments and directing City Attorney to Prepare Impartial Analysis D – Draft resolution providing for filing of Rebuttal Arguments for City Measures submitted at Municipal Elections E – City Attorney Memorandum for Placing on the Ballot 352 9212 Report – City of Cupertino March 2016 | Page i REPORT ____________________________________________________________________________________________ Elections Code 9212 Report on Proposed Initiative Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions Prepared for: City of Cupertino March 25, 2016 Prepared by: Seifel Consulting, Inc. David J. Powers & Associates, Inc. Greensfelder Commercial Real Estate LLC 353 9212 Report – City of Cupertino March 2016 | Page ii Table of Contents 9212 Report – City of Cupertino I. Executive Summary ............................................................................................................................... 1 II. Introduction and Report Background .................................................................................................. 4 II.A. Report Organization ...................................................................................................................................... 4 II.B. Description of Initiative ................................................................................................................................. 5 II.C. Approach ........................................................................................................................................................ 6 1. Land Use Definitions ........................................................................................................................................ 7 2. Definitions of Development and General Plan Designations ............................................................................ 7 3. Comparison of Maximum Allowable Development Citywide .......................................................................... 11 4. Comparison of Citywide Resident and Employee Population ........................................................................ 12 II.D. Proposed Changes to Vallco Shopping District With Initiative ............................................................... 13 1. Comparison of Development Vision for Vallco Shopping District under Adopted General Plan and General Plan With Initiative .......................................................................................................................................... 13 2. Resident and Employee Population in Vallco Shopping District ..................................................................... 14 II.E. Variation on Adopted General Plan Scenario for Vallco Shopping District ........................................... 15 1. Adopted General Plan Assuming Sand Hill Proposal ..................................................................................... 16 2. Comparison of Sand Hill Variation to Adopted General Plan ......................................................................... 17 II.F. Variation on General Plan With Initiative Scenario for Vallco Shopping District .................................. 18 1. General Plan With Initiative Assuming Vallco as Enhanced Mall ................................................................... 18 2. General Plan With Initiative Assuming Vallco With 2016 Occupancy ............................................................ 18 3. Comparison of Variations on General Plan With Initiative .............................................................................. 19 II.G. Summary of Scenarios Analyzed in this Report ....................................................................................... 20 III. Analysis .................................................................................................................................................. 22 III.A. Land Use and Housing ................................................................................................................................ 22 1. Background .................................................................................................................................................... 22 2. Vallco Shopping District .................................................................................................................................. 24 3. Development and Building Standards ............................................................................................................ 24 4. Housing Element ............................................................................................................................................ 27 5. Availability and Location of Housing ............................................................................................................... 28 6. Voter Approval Requirement and Process to Change General Plan .............................................................. 32 III.B. Development Patterns ................................................................................................................................. 34 III.C. Economic Development .............................................................................................................................. 35 1. Office .............................................................................................................................................................. 35 2. Commercial/Retail .......................................................................................................................................... 35 III.D. Infrastructure ............................................................................................................................................... 38 1. Transportation ................................................................................................................................................ 38 2. Schools ........................................................................................................................................................... 39 3. Parks/Open Space ......................................................................................................................................... 40 4. Other Public Facilities ..................................................................................................................................... 40 5. Utilities and Service Systems ......................................................................................................................... 41 354 9212 Report – City of Cupertino March 2016 | Page iii III.E. Infrastructure Funding ................................................................................................................................ 43 1. Transportation ................................................................................................................................................ 43 2. Schools ........................................................................................................................................................... 44 3. Parks/Open Space ......................................................................................................................................... 46 4. Affordable Housing ......................................................................................................................................... 48 5. Summary of Infrastructure Funding Findings ................................................................................................. 49 III.F. Fiscal ............................................................................................................................................................ 50 1. Sales Tax ........................................................................................................................................................ 51 2. Property Tax ................................................................................................................................................... 54 3. Transient Occupancy Tax ............................................................................................................................... 54 4. Utility User Tax and Other Revenues ............................................................................................................. 55 5. Summary of Fiscal Impact .............................................................................................................................. 55 IV. Conclusion ............................................................................................................................................ 58 Appendices ................................................................................................................................................. 60 1. Text of Proposed Initiative, City Attorney’s official Title and Summary, and Notice of Intent to Circulate Petition 2. Section-by-Section Description and Summary of Initiative 3. California Elections Code, Section 9212 4. City Council Resolution (authorizing this Report) 5. DJPA Environmental Analysis 6. Greensfelder Retail Analysis 7. Fiscal Analysis Tables 8. Santa Clara County Office of the Sheriff Analysis! 355 9212 Report – City of Cupertino March 2016 | Page 1 I. Executive Summary On January 19, 2016, the Cupertino City Council requested that City staff and consultants prepare an analysis of a proposed Initiative (referred to by its proponents as the Cupertino Citizens’ Sensible Growth Initiative) that would amend the City of Cupertino’s General Plan. This report contains this analysis, as authorized under California Elections Code section 9212. California law requires each city and county to adopt and maintain a “general plan” that establishes permissible land uses and maximum development densities and intensities for all properties within that jurisdiction. The General Plan effectively serves as a city’s living “constitution” for all future land use decisions, which can be amended by the City Council up to four times per year. The City of Cupertino recently completed a multi-year planning effort that resulted in the adoption of a new comprehensive General Plan (entitled General Plan (Community Vision 2015-2040)) intended to guide development of the City through the year 2040. The proposed Initiative would change the General Plan in the following main ways: • At the Vallco Shopping District (Vallco), the Initiative would only allow retail/entertainment and hotel uses, prohibiting any new residential or office development, and would make the following changes: o While none of the residential units presently allocated to Vallco (389 units) could be built there, about 60 percent (243 units) would be reallocated to other residential and mixed-use areas in Cupertino. o The 2,000,000 square feet of office space presently allowed at Vallco would be eliminated from the General Plan altogether, which would significantly reduce potential new office development in Cupertino. o The existing 1,200,000 square feet of existing commercial/retail at Vallco would need to be maintained, as both a “minimum” and a “maximum,” thereby reducing flexibility to adapt to changing market conditions. o The height limits for new development on the Vallco site would be limited to a maximum of 45 feet, which is below the height of many existing buildings at Vallco. o The Initiative also deletes from the General Plan several “strategies” reflecting the City Council’s determination that redevelopment of the area “will require a master developer in order to remove the obstacles to the development of a cohesive district” and that “complete redevelopment of the site [is necessary] to ensure that the site can be planned to carry out the community vision.” • In other areas of the City, the Initiative would generally modify the General Plan as follows: o Increase the maximum building height from 30 feet to 45 feet in the City’s Neighborhoods (parts of the City that are outside of the General Plan’s “Special Areas”) – a 50 percent (%) increase. Neighborhoods represent approximately three quarters of the City’s land area. o Prohibit increases in maximum building heights, densities, lot coverages, or building planes citywide, and prohibit decreases in minimum “setback requirements.” o Add new policies regarding development and building standards, including setb acks, stepbacks, building planes, and rooftop height extensions citywide. o Limit the maximum lot coverage for projects over 50,000 square feet. o Reduce the residential allocation (number of new residences allowed) by 146 units. o Add specific land use policies applicable to North De Anza Boulevard, Stevens Creek Boulevard, and Homestead Road in North Vallco Park. • The Initiative would require voter approval for any further changes to the development allocations for Vallco and to the other policies and provisions enacted by the Initiative. 356 9212 Report – City of Cupertino March 2016 | Page 2 • Voter approval would not be required for the City Council to make changes to the development allocations for other areas of the City or for any General Plan provisions not enacted or amended by the Initiative. As the result of these changes, this Report analyzes the topics described in Elections Code section 9212 and finds that the Initiative, if adopted by the voters or the City Council, would have the following potentially significant effects on the City: • Reduce the amount of housing (by 146 units) and office space (by 2,000,000 square feet) that could be developed in the City • Prevent the revitalization of Vallco as a new pedestrian oriented, mixed-use “town center,” which has the greatest likelihood of success given today’s competitive retail environment. • Lock into place new development and building standards for maximum building height and density, maximum lot coverage, building plane, and minimum setbacks throughout the City. • Increase maximum heights in the City’s residential neighborhoods from 30 to 45 feet. • Create potential, but likely not insurmountable, inconsistencies between the City’s General Plan, Zoning Ordinance, Specific Plans, and Housing Element. • Reduce the total number of units that can be constructed in the City and prohibit housing in the Vallco Shopping District Special Area. • Decrease job and business opportunities, preventing the City from attaining its economic development goals. • Remove a key incentive for a developer or property owner to enter into a Development Agreement to achieve mixed-use development of Vallco and provide significant community benefits and infrastructure investments. • Decrease potential revenues from the City’s major source of General Fund revenues– business-to-business sales tax, retail sales tax, and property tax revenues Chapter III of this Report, along with the accompanying Appendices, present the supporting analyses for these findings in six sections that together cover all of the subjects the City Council directed staff to analyze: land use and housing policy, development patterns, economic development, infrastructure, infrastructure funding and fiscal. Table I.1 on the following page summarizes how the main provisions of the Initiative could potentially affect the City in these ways. 357 9212 Report – City of Cupertino March 2016 | Page 3 Table I.1 Summary of Potential Effects or Impacts of Initiative Major Changes Proposed by Initiative Potential Effects According to Analysis* La n d U s e a n d Ho u s i n g P o l i c y De v e l o p m e n t Pa t t e r n s Ec o n o m i c De v e l o p m e n t In f r a s t r u c t u r e In f r a s t r u c t u r e Fu n d i n g Fi s c a l Vallco Shopping District Special Area Reduce height limits to a maximum of 45 feet for any new development. ! ! ! ! ! ! Require a minimum of 1,200,000 square feet of commercial/retail space. ! ! ! ! ! ! Eliminate 389 housing units and 2,000,000 square feet of office space. ! ! ! ! ! ! Prohibit any new residential or office development, while retail/entertainment and hotel uses are allowed. ! ! ! ! ! ! Other Areas of the City Increase the maximum building height from 30 feet to 45 feet in the City’s Neighborhoods – a 50% increase. Neighborhoods represent ¾ of the City’s land area. ! ! ! ! Prohibit increases in maximum building heights, densities, etc. ! ! ! ! Reduce the number of new residences allowed by 146 units. ! ! ! ! ! ! Add specific land use policies applicable to North De Anza Boulevard, Stevens Creek Boulevard, and Homestead Road in North Vallco Park. ! ! ! Add new policies regarding development and building standards. ! ! ! Limit the maximum lot coverage for projects over 50,000 square feet. ! ! ! Voter Approval for Changes in Certain Areas Require voter approval for any further changes to the development allocations for Vallco and to the other policies and provisions enacted by the Initiative. ! ! ! ! * Chapter III of this report analyzes the potential effects from the Initiative according to Elections Code section 9212. != Indicates potential effect from the Initiative according to this analysis. 358 9212 Report – City of Cupertino March 2016 | Page 4 II. Introduction and Report Background This Report evaluates the potential impacts of a 2016 Initiative in Cupertino with the following official title: “Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions.”1 This Initiative has qualified for the ballot in Cupertino, California. Following receipt of this Report, the Cupertino City Council must either adopt the Initiative exactly as proposed, or submit it to the voters at the November 8, 2016, election. If adopted by the City Council or the voters, the Initiative would amend the City of Cupertino General Plan. On January 19, 2016, the Cupertino City Council requested that City staff and consultants prepare an analysis of the proposed Initiative specifically addressing its potential impacts on land use, housing, open space, traffic, the community’s ability to attract and retain business, infrastructure funding and potential fiscal impacts. This Report has been prepared pursuant to City Council Resolution No. 16-009 (a copy of which is included as Appendix 4) and Elections Code section 9212, and will be presented to the City Council at a specially scheduled meeting on March 31, 2016. II.A. Report Organization This Report is framed around development buildout scenarios with and without the proposed Initiative and offers a comparison between them in order to understand the Initiative’s potential effects and impacts on the City. The Appendices include the Initiative language, a detailed summary of the key changes to the General Plan proposed by the Initiative, documentation related to Elections Code requirements and supporting analysis by the consultant team that was used to prepare this Report. The Executive Summary in Chapter I summarizes the Initiative and its potential effects. This Chapter (Chapter II) begins with a description of the Initiative and its intended changes to the General Plan. The approach of this Report is then explained, including the definition of important terms, methodology of analysis, and numbers that are composed using publically accessible sources. An overview is provided of the four scenarios that form the basis of analysis in this Report. Chapter III presents the Analysis of potential effects—a more detailed look at the Initiative’s impacts beyond the changes explicitly prescribed by the Initiative, as directed by the City Council. The effects and impacts studied in this Chapter are analyzed according to six general categories: land use and housing policy, development patterns, economic development, infrastructure, infrastructure funding and fiscal.2 The full text of the proposed Initiative is included as Appendix 1, along with the City Attorney’s official Title and Summary and the Initiative proponents’ “Notice of Intent” describing their reasons for proposing the Initiative. Appendix 2 offers a detailed analysis of how the General Plan would be modified as the result of the Initiative. Appendix 3 reproduces Section 9212 in full, the Section of the California Elections Code that authorizes a city 1 State law requires the City Attorney to prepare an official title that gives a “true and impartial statement of the purpose of the proposed measure.” As is often the case, the official title for this Initiative differs from the short title proposed by the initiative proponents, which refers to the Initiative as the “Cupertino Citizens’ Sensible Growth Initiative.” The full text of the City Attorney’s official title and summary is reproduced in Appendix 1. 2 California Elections Code section 9212 authorizes city councils to request a report evaluating the potential effects or impacts from the Initiative, and Chapter III provides the specific analysis authorized by section 9212 and requested by the City Council. 359 9212 Report – City of Cupertino March 2016 | Page 5 council to request a report regarding the potential impacts of an initiative prior to deciding whether to adopt the initiative or to order an election of the voters to approve or reject it. Appendix 4 documents Cupertino City Council’s Resolution to authorize the funding and preparation of this Report. Appendices 5, 6, 7 and 8 contain supporting analysis and documentation from the technical studies used to prepare this Report. II.B. Description of Initiative Adopted in December 2014 and amended on October 20, 2015, the City of Cupertino General Plan provides the policy and regulatory framework for planning and development of Cupertino through 2040. The following is excerpted from the City of Cupertino General Plan.3 The General Plan is “a roadmap to the future that encompasses the hopes, aspirations, values and dreams of the Cupertino community.” It establishes the policy and regulatory framework necessary to “build a great community that serves the needs of its residents, maximizes the sense of connection between neighborhoods and enhances Cupertino as a great place to live, work, visit and play.”…The General Plan intends to ensure there are appropriate land use and community design, transportation networks, housing, environmental resources and municipal services through 2040. The Initiative proposes to change the General Plan in the following main ways, which are described according to the specific geographic focus of the Initiative language: Vallco Shopping District • Removes language in the General Plan’s goals and policies calling for the “complete redevelopment of the existing Vallco Fashion Mall into a vibrant mixed use ‘town center’” and restates the City’s goal as to “preserve and enhance the Vallco Shopping District as a local and regional retail, hotel, dining and entertainment commercial” destination. o The existing 1,200,000 square feet of existing commercial/retail at Vallco would need to be maintained at the same number of square feet. • Only allows retail/entertainment and hotel uses, prohibiting any new residential or office development. o While none of the residential units presently allocated to Vallco (389 units) would be allowed to be built there, about 60 percent (243 units) would be reallocated to other residential areas in Cupertino. o The 2,000,000 square feet of office space presently allowed at Vallco would be eliminated from the General Plan altogether, which would significantly reduce potential new office development in Cupertino. • Reduces height limits for any new development on the Vallco site to a maximum of 45 feet, which is below the height of some existing buildings at Vallco. • Replaces a provision calling for open space to be included within a “central town square . . . interspersed with plazas and ‘greens’” with a provision calling for “ground-level open space areas.” • Deletes several “strategies” reflecting the City Council’s determination that redevelopment of the area “will require a master developer in order to remove the obstacles to the development of a cohesive district” and that “complete redevelopment of the site [is necessary] to ensure that the site can be planned to carry out the community vision.” 3 From the City of Cupertino’s General Plan adopted in 2014, “Community Vision 2040,” Introduction, p. I-3. Minor changes to this document were adopted on October 20, 2015, yielding a new document, “General Plan: Community Vision 2015-2040”. The General Plan can be downloaded from the City’s website at: http://www.cupertino.org/index.aspx?page=1275 360 9212 Report – City of Cupertino March 2016 | Page 6 • Adds a requirement that a Specific Plan be created prior to any “significant changes in use” on the site. Other Areas of the City • Increases the maximum building height in the City’s Neighborhoods (parts of the City that are “outside of the Special Areas”) from 30 feet to 45 feet – a fifty percent increase. • Prohibits increases in residential densities, maximum building heights (beyond those increases created by the Initiative), lot coverages, or building planes, and prohibits decreases in minimum “setback requirements” (These restrictions also apply to the Vallco site) • Adds new policies regarding development setbacks, “stepbacks,” “building planes,” and rooftop height extensions citywide • Limits the maximum lot coverage for projects over 50,000 square feet to 70%. • Reduces the number of new residences allowed by 146 units. • Adds specific land use policies applicable to North De Anza Boulevard, Stevens Creek Boulevard, and Homestead Road in North Vallco Park. • Designates Scenario B in the current General Plan, which adds Housing Element sites at Glenbrook Apartments and Homestead Lane, and increases the density at the Hamptons and the Oaks Shopping Center. Voter Approval for Changes in Certain Areas • The Initiative would require voter approval for any further changes to the development allocations for Vallco and to the other policies and provisions enacted by the Initiative. • Voter approval would not be required for the City Council to make changes to the development allocations for other areas of the City or for any General Plan provisions not enacted or amended by the Initiative. II.C. Approach In order to provide a basis for evaluating how the Initiative might impact the City of Cupertino, this Report defines and then compares potential future development under the Adopted General Plan and as if the General Plan were amended by the Initiative, referred to as General Plan With Initiative. More specifically, these two scenarios assume the following: • Adopted General Plan– Development in the City of Cupertino occurs as envisioned by the City’s currently adopted General Plan entitled General Plan (Community Vision 2015-2040).4 • General Plan With Initiative– Development in the City of Cupertino occurs as envisioned by the Initiative and assumes the City’s General Plan is amended by the Initiative as proposed.5 4 This scenario reflects fewer environmental impacts than the Proposed Project, Alternative C, analyzed in the General Plan EIR that the City Council certified in 2014 when it adopted the current General Plan. It should be noted that the City Council adopted lower development allocations and heights in the current General Plan than those that are analyzed in Alternative C. Therefore, the analysis of Alternative C presented greater environmental impacts than the General Plan that was adopted. Table LU-1 reflects the allocations as approved by City Council. This report assumes that the maximum allowable land uses in each Planning Area would be built as presented in Table LU-1 of the current General Plan. As described in Section II.E, this Report also evaluates a variation to this scenario, which assumes redevelopment of the Vallco Shopping District site as proposed by the owner of the majority of the Vallco property, Sand Hill Property Company, consistent with the Adopted General Plan. 5 As described in Section II.F of this Report, the analysis also evaluates two variations to this scenario, which assumes Vallco Shopping Mall either becomes a successful, enhanced mall or remains at its 2016 occupancy levels. 361 9212 Report – City of Cupertino March 2016 | Page 7 In order to address the requirements in Section 9212, the analysis in this Report evaluates the potential impacts at General Plan buildout (considered to be the year 2040) under these scenarios. The General Plan allocates existing and future development by land use through 2040, so the analysis includes an assessment of currently approved development as well as the maximum allowable development at buildout by land use category under the Adopted General Plan and under the General Plan With Initiative.6 While not all development may actually occur, projecting the maximum allowable development by land use is intended to provide an equal basis for comparison of the potential effects of the Initiative on the General Plan. In this regard, it is important to note what this report does not do. It is not an Environmental Impact Report (EIR), and it does not analyze the Initiative’s impact as a change from existing conditions. To evaluate potential fiscal revenues to the City and other effects, this Report also evaluates the current amount of existing development that is already built in Cupertino, as further described in later sections of this Report. 1. Land Use Definitions As variations in allowable land uses are a critical component of the analysis, potential new development by land use type is defined below, along with a brief description of potential measures of impact used in this Report7: • Residential– includes single-family detached or attached homes (such as townhomes), multi-family units in condominium or apartment complexes, and other types of housing units. The number of housing units is used to estimate the projected number of residents, school children, and resident users of City services and infrastructure such as public safety, parks, libraries and utilities. • Commercial– includes square feet of retail development, which is used to estimate retail spending and sales tax revenue that the City may collect, depending on whether or not the goods/services are taxable. It is also used to evaluate how much City services and infrastructure will be needed to serve this type of development. • Office- includes square feet of office development, which is used to estimate the number of jobs in the City, the amount of retail spending from office workers who shop in Cupertino, and how much City services and infrastructure will be needed to serve this type of development. • Hotel- includes hotel rooms and other lodging establishments, which is used to estimate transient occupancy tax revenues that the City collects from visitors, as well as the associated level of City services and infrastructure. 2. Definitions of Development and General Plan Designations The General Plan describes the various stages of development in the City, and this Report uses similar definitions in order to analyze how much development would be able to be built as follows: • Current Built/Approved includes both actually built projects as of the General Plan’s adoption on December 10, 2014 and those projects that were approved but not yet built as of that date.8 As only 6 net new housing units were approved during 2015, Current Built/Approved is considered to be approximately equivalent to current conditions on the date this Report was completed. • General Plan Buildout is defined as maximum allowable buildout in 2040 under the adopted General Plan. 6 The Initiative proposes specific changes to Table LU-1 in the General Plan, as shown in Appendix 2. 7 These land use definitions are based on those used in the City’s General Plan. 8 The term Current Built/Approved is used in this Report to be more descriptive of what is included in the “Current Built” column in Table LU-1 of the General Plan. 362 9212 Report – City of Cupertino March 2016 | Page 8 • Development Buildout is defined as maximum allowable development that could be built under each scenario in 2040. • Net Increase in Potential Development is defined as the difference between Current Built/Approved and Development Buildout. • Projects Approved but Not Built as of 12/10/14 is defined as approved development under construction or still in the development stage that does not yet generate fiscal revenues to the City or impact its infrastructure or services. 363 9212 Report – City of Cupertino March 2016 | Page 9 • Special Areas are the nine areas located along major mixed-use corridors that have been identified as key areas to focus future development in the General Plan. These consist of the eight named Special Areas depicted below (Heart of the City, Vallco Shopping District, North Vallco Park, North De Anza, South De Anza, Homestead, Bubb Road, Monta Vista Village) and Other Non-Residential/Mixed-Use Special Areas that are located throughout Cupertino.9 Source: Cupertino General Plan Community Vision 2040, Chapter 2 pg. PA-5, Figure PA-1 9 For further description of the designated Special Areas and Neighborhoods, please refer to Chapter 2 of the Adopted General Plan. 364 9212 Report – City of Cupertino March 2016 | Page 10 • Neighborhoods are the twelve areas identified in the General Plan that are generally residential. Neighborhoods typically have schools, parks and neighborhood shopping, and are located outside of Special Areas. The map below highlights the twelve identifiable Neighborhoods in Cupertino. Source: Cupertino General Plan Community Vision 2015-2040, Chapter 2 pg. PA-19, Figure PA-2 365 9212 Report – City of Cupertino March 2016 | Page 11 3. Comparison of Maximum Allowable Development Citywide Table II.1 compares the maximum allowable development at buildout for the Adopted General Plan and the General Plan With the Initiative and shows the potential increase or decrease in allowable development.10 As it indicates, the Initiative would reduce the amount of allowable residential development by 146 units and would reduce office space by 2 million square feet (sq.ft.) at buildout, but would not affect the total commercial (retail) space or hotel rooms allowed. Table II.1 Comparison of Citywide Development Buildout in 2040 by Land Use Category for Adopted General Plan and General Plan With Initiative Land Uses Citywidea Adopted General Plan General Plan with Initiative Increase / (Decrease) with Initiative Residential (units) 23,294 23,148 (146) Commercial (sq. ft.) 4,430,982 4,430,982 No Change Office (sq. ft.) 11,470,005 9,470,005 (2,000,000) Hotel (rooms) 1,429 1,429 No Change a. As described above, this table presents the maximum allowable buildout under each scenario, which is defined to include existing development “on the ground,” projects approved as of December 10, 2014, and potentially allowable future development through 2040. This definition is used consistently throughout this Report. Table II.2 shows the maximum allowable development at buildout for the General Plan With the Initiative as it affects the “Special Areas” as defined by the General Plan. The unit count, room count, and square footages are presented for the affected Special Areas. Changes proposed by the Initiative are shown with strikethrough text crossing out allocations from the General Plan, with new allocations proposed by the Initiative shown as normal text below. The conclusions are the same as Table II.1, but Table II.2 helps illustrate that the entire reduction of Office square footage proposed by the Initiative takes place in the Vallco Shopping District. 10 All numerical decreases in tables are shown in parenthesis, per standard accounting practice. For example, a decrease of 146 units is shown as (146) units. 366 9212 Report – City of Cupertino March 2016 | Page 12 Table II.2 Comparison of Citywide Development Buildout in 2040 by Land Use for “Special Areas” Identified in General Plan Allowable Buildout by Land Use “Special Areas” Identified in General Plana Vallco Shopping District Heart of the City North Vallco Other Areas CITYWIDE TOTAL Residential (units) 389 0 1,805 1,898 1,154 1,304 19,946 23,294 23,148 Office (sq. ft.) 2,000,000 0 2,464,613 3,069,676 3,935,716 11,470,005 9,470,005 Commercial/ Retail (sq. ft.) 1,207,774 2,145,000 133,147 945,061 4,430,982 Hotel (rooms) 339 526 315 249 1,429 a. Strikethrough and bold text indicates changes proposed by Initiative. 4. Comparison of Citywide Resident and Employee Population The amount of future development by land use will affect the number of future residents and employees (jobs) in the City, which are key assumptions used in this Report’s analysis. Table II.3 shows the difference between the scenarios, based on the land uses shown above and the General Plan factors used to project residents and jobs.11 Table II.3 Comparison of Citywide Resident and Employee Population at Development Buildout in 2040 for Adopted General Plan and General Plan With Initiative Future Residents and Employees at Development Buildout Citywide Adopted General Plan General Plan with Initiative12 Increase/ (Decrease) with Initiative Residents 68,484 68,055 (429) Employees Office 38,233 31,567 (6,666) Commercial 9,847 9,847 No change Hotel 3,720 3,720 No change Total Employees 51,800 45,134 (6,666) 11 Factors for resident and employee populations are the same as those used in the General Plan Environmental Impact Report, Table 4.11-3, as follows: 2.94 persons per housing unit, 1 employee per 450 square feet of retail, 1 employee per 300 square feet of office and 0.3 employees per lodging room. 12 Assuming that Vallco were to become a successful, enhanced mall; see further description later in this Chapter. 367 9212 Report – City of Cupertino March 2016 | Page 13 II.D. Proposed Changes to Vallco Shopping District With Initiative As described above, the most significant changes to the General Plan with the Initiative are proposed to occur in the Vallco Shopping District13, which is described in the General Plan as follows:14 The Vallco Shopping District Special Area encompasses Cupertino’s most significant commercial center, formerly known as the Vallco Fashion Park.15 This Special Area is located between Interstate 280 and Stevens Creek Boulevard in the eastern part of the city. The North Blaney neighborhood, an established single-family area, is adjacent on the west side of the Vallco Shopping District. Wolfe Road bisects the area in a north-south direction, and divides Vallco Shopping District into distinct subareas: Vallco Shopping District Gateway West and Vallco Shopping District Gateway East. The Vallco Shopping District is identified as a separate Special Area given its prominence as a regional commercial destination and its importance to future planning/ redevelopment efforts expected over the life of the General Plan. 1. Comparison of Development Vision for Vallco Shopping District under Adopted General Plan and General Plan With Initiative The General Plan envisions Vallco Shopping District as a: …major regional and community destination. The City envisions this area as a new mixed-use “town center” and gateway for Cupertino. It will include an interconnected street grid network of bicycle and pedestrian-friendly streets, more pedestrian-oriented buildings with active uses lining Stevens Creek Boulevard and Wolfe Road, and publicly-accessible parks and plazas that support the pedestrian-oriented feel of the revitalized area. New development in the Vallco Shopping District should be required to provide buffers between adjacent single-family neighborhoods in the form of boundary walls, setbacks, landscaping or building transitions.16 By contrast, the Initiative envisions that Vallco Shopping District would be: “preserve[d] and enhance[d] … as a local and regional retail, hotel, dining and entertainment commercial destination …”17 The Initiative removes General Plan language about the Vallco Shopping District becoming a "new mixed-use town center" and being planned for "…interconnected street grid network of bicycle and pedestrian-friendly streets.” The Initiative adds language about Vallco "providing a unique and memorable shopping, dining and entertainment experience with appropriate bicycle and pedestrian-friendly access." Consistent with the revisions described above, the Initiative modifies the land uses allowed at Vallco Shopping District as shown in Table II.4 below.18 13 Vallco Shopping District, Vallco Shopping District Special Area and Vallco are used interchangeably in this Report. 14 General Plan, p. PA-9 15 Vallco Fashion Park, Vallco Shopping Mall, Vallco Shopping Center and Vallco are all terms used to describe the retail shopping mall within the Vallco Shopping District. 16 General Plan, p. PA-9 17 Initiative text, p. 1 18 A full summary of the Initiative changes is found in Appendix 2. 368 9212 Report – City of Cupertino March 2016 | Page 14 Table II.4 Comparison of Development Buildout by Land Use in Vallco Shopping District Land Uses Vallco Shopping District Adopted General Plan General Plan with Initiative Increase/ (Decrease) with Initiative Residential (units)a 389 0 (389) Office (sq. ft.) 2,000,000 0 (2,000,000) Commercial (sq. ft.)b 1,200,000 1,200,000 No Change Hotel (rooms) 313 313 No Change a. The General Plan allocates 389 units to the Vallco Shopping District. As further described in the next section, the Initiative would reallocate 243 of the 389 units at Vallco to other areas of the City. b. No major change to maximum allowable square feet in either Scenario, but the Initiative rounds commercial allocation to nearest 100,000 and prohibits reallocation of unused commercial (retail) to other parts of Cupertino.! 2. Resident and Employee Population in Vallco Shopping District Changes in land use would affect the number of future residents and employees in the City, as well as result in varying impacts given different development buildout projections. Table II.5 shows the difference between the Adopted General Plan and the General Plan With Initiative for the Vallco Shopping District, based on the land uses and standard factors used to project residents and employees described above.19 Table II.5 Comparison of Population and Employment at Development Buildout in Vallco Shopping District Future Residents and Employees at Development Buildout Vallco Shopping District Adopted General Plan General Plan with Initiative Increase/ (Decrease) with Initiative Residents 1,143 0 (1,143) Employees Office 6,666 0 (6,666) Commercial 2,666 2,666 No Change Hotel 94 94 No Change Total Employees 9,426 2,760a (6,666) a. This is the maximum under the Initiative, but as detailed below, it is highly unlikely to be achieved under the Initiative. 19 Factors for resident and employee populations are the same as those used in the Environmental Impact Report for the General Plan. 369 9212 Report – City of Cupertino March 2016 | Page 15 The decrease in potential residents in the Vallco Shopping District with the Initiative would be mostly offset by allowable increases in residential use in other parts of Cupertino.20 However, the reduction of employees would not be offset due to the Initiative’s proposed elimination of 2 million square feet of office space in both the Vallco Shopping District and citywide. II.E. Variation on Adopted General Plan Scenario for Vallco Shopping District To provide a more specific review of potential effects, the analysis also considers a variation to the Adopted General Plan scenario to illustrate the potential effects of the potential redevelopment of the Vallco Shopping District as proposed by the owner of the majority of the property, Sand Hill Property Company (Sand Hill). This variation is referred to as Adopted General Plan Assuming Sand Hill Proposal. Sand Hill’s proposal provides a level of specificity that is not included in the General Plan and is compared in this Report in order to better understand the potential impacts under the Initiative in comparison to what is currently being proposed at the Vallco site.21 The assumptions for the Sand Hill proposal are derived from Sand Hill’s September 2015 application and the draft December 2015 project description prepared for the project Environmental Impact Report (EIR). This scenario is included in the analysis to provide readers with context as to the potential environmental impacts of The Hills at Vallco project (which conforms with the General Plan assumptions for Vallco), as well as the community benefits that the project would provide. While the Sand Hill proposal includes development within what is allowed on the site by the General Plan, it includes 550,000 fewer commercial square feet than the maximum amount allowed by the General Plan. It is assumed that these 550,000 square feet would be developed elsewhere in the City. Many of the community and economic benefits projected under this variation could only be realized if the City and the property owner entered into a “development agreement.” A development agreement is a procedure authorized by State law that allows developer to propose through the development process—and a city to agree to accept—certain types of economic and other benefits that the city could not otherwise legally require a property owner or developer to provide. It is important to note that the City could not legally require Sand Hill to provide the additional community benefits that exceed those authorized or required under State law. Moreover, at this point, Sand Hill has requested that the City cease processing its proposed application (in light of the Initiative) and thus there is no guarantee that the proposal would even come before the City Council in its current form for possible consideration and approval. Nevertheless, the Sand Hill proposal illustrates the type of project that is contemplated, and indeed, encouraged under the current General Plan and that would be prohibited by the Initiative. For example, the adopted General Plan specifically encourages redevelopment of the Vallco site by a “master developer,” which is the mechanism most likely to incentivize the use of the type of “development agreement” authorized by State law that frequently includes community benefits well in excess of what can be legally required. By contrast, the Initiative deletes the provisions calling for a master developer and deletes the provisions calling for complete redevelopment of the Vallco site. If the Initiative is adopted, it is highly unlikely that any developer or property owner could fund these types of additional improvements and there would be no incentive for a developer to enter into a development agreement to do so. 20 The General Plan allocates 389 units to the Vallco Shopping District, and the Initiative would reallocate 243 of the 389 units at Vallco to other areas of the City. 21 On March 3, 2016, while this Report was significantly underway, the City received a Notice of Intent to circulate an initiative involving the Vallco Shopping District. This Report does not analyze that initiative, which differs in some material aspects to the Sand Hill Proposal. The City Council may wish to authorize a 9212 Report on that initiative. 370 9212 Report – City of Cupertino March 2016 | Page 16 1. Adopted General Plan Assuming Sand Hill Proposal In September 2015, Sand Hill submitted an application to the City to redevelop Vallco pursuant to the adopted General Plan. This proposal, referred to as The Hills at Vallco,22 would demolish the existing buildings (including the shopping mall, fitness gym and restaurant buildings) and the onsite parking facilities. It would remove the existing pattern of internal driveways and construct a new mixed-use “Town Center” with the following land uses: • Up to 650,000 square feet of commercial uses (including retail, restaurant, event, entertainment, and fitness uses) • 2.0 million square feet of office uses • 800 residential units • Approximately 40,000 square feet of civic/community space The Sand Hill proposal would include 411 more residential units than allocated to the Vallco Shopping District area in the City’s Housing Element. However, the City’s General Plan has additional housing units available in other Planning Areas that are not allocated to specific Housing Element sites.23 While the General Plan Housing Element allocation for the site is 389 units, the General Plan EIR analyzed the development of up to 800 residential dwelling units on the site, and there is adequate allocation in the General Plan to consider 411 additional units. In addition to the land use differences described above, the Sand Hill proposal includes the following summary features that differ from the basic City requirements. These will be described in more detail in later sections of the Report, as they apply to the analysis of effects but are briefly summarized here: • Affordable Housing – includes 10% (80 of 800) below market rate residential units on site, rather than paying the minimum mandatory fee. • Land Use –provides about 30 acres of open/green space on the roof. • Sustainability –meets LEED Platinum standards, which is two levels higher than City requirement of LEED Silver. • Transit, Bike and Pedestrian improvements – commits to funding a complementary community shuttle in coordination and partnership with the City, VTA, and corporate employers, enhance surrounding bus stops, provide new and restriped bicycle lanes and bikeways, and provide better pedestrian access and an improved pedestrian bridges among other improvements. • Transportation– the Sand Hill Proposal includes construction of a new signalized intersection on North Wolfe Road between Vallco Parkway and the I-280 interchange; modification to the existing tunnel under North Wolfe Road to allow for east-west access for emergency and service vehicles, and a commitment to spearhead the widening and rebuilding of Wolfe Road/I-280, to include pedestrian and bicycle connectivity; lead a partnership with the City of Cupertino, VTA and corporate employees to fund a complimentary community shuttle; and establish multi-modal transit on the site for the community shuttle, VTA buses, corporate shuttles and sharing economy transportation services. 22 The Hills at Vallco is a development project proposed on the southern 50 acres of the Vallco Shopping District. Development of the northern seven acres of the Specific Plan area is not proposed as part of The Hills at Vallco project. The specifics of the project are based on the September 2015 The Hills at Vallco Project Description. (http://www.cupertino.org/index.aspx?page=1365) and the Draft Project Description from City staff dated December 8, 2015 and shared with the Project Applicant, which is attached as part of Appendix 5. 23 According to General Plan Strategy LU-1.2.1, development allocations may be transferred among Planning Areas provided no significant environmental impacts are identified beyond those already studied in the Community Vision 2040 Final EIR (SCH# 2014032007). 371 9212 Report – City of Cupertino March 2016 | Page 17 • Schools – In addition to the state-mandated school impact fees, builds a new 700-student elementary school, upgrading classroom and playing field facilities at an existing elementary school, providing $1 million for the 8th grade Yosemite Science Program, and builds a 10,000 square foot high school “innovation lab” and classroom facility on the project site. • Infrastructure: Extends reclaimed water line from Homestead Road, down Wolfe Road to Vallco Parkway. • Community Facilities– provides for a 20,000-square-foot community banquet hall on the green roof and 5,000 square foot civic meeting space located in the western portion of the site. 2. Comparison of Sand Hill Variation to Adopted General Plan Table II.6 summarizes the primary differences in land use between the Adopted General Plan and the Adopted General Plan assuming the Sand Hill proposal for The Hills at Vallco. Table II.6 Comparison of Development Buildout by Land Use in Vallco Shopping District Under Variations to Adopted General Plan Land Uses Vallco Shopping District Adopted General Plan Adopted General Plan Assuming 2015 Sand Hill Proposal Increase/ (Decrease) Residential (units) 389 800a 411a Office (sq. ft.) 2,000,000 2,000,000 No Change Commercial (sq. ft.) 1,200,000 650,000 (550,000) or lessb Hotel (rooms) 313 313c No Change a. The allowable number of housing units citywide would remain the same because the City’s General Plan has additional housing units available in other Planning Areas that are not allocated to specific Housing Element sites, and the adopted General Plan EIR analyzed the development of up to 800 residential dwelling units on Vallco. This is not a reflection of existing conditions. b. This represents the maximum potential decrease below the General Plan maximum for the Vallco Shopping District. The General Plan allows the reallocation of the remaining 550,000 within the Vallco Shopping District or elsewhere in the City. c. The Hills at Vallco does not include additional hotel development, but does not preclude another owner from developing a hotel within the Vallco Shopping District. 372 9212 Report – City of Cupertino March 2016 | Page 18 II.F. Variation on General Plan With Initiative Scenario for Vallco Shopping District As described above, the Initiative proposes to amend the General Plan so that it maintains a minimum (as well as a maximum) of 1.2 million square feet of retail/dining/entertainment space at the Vallco Shopping District. Requiring that this amount of square footage be maintained—i.e., neither increased nor decreased without voter approval—would significantly limit the flexibility of current and future owners of the property to modify the mix, size, and type of retail/dining/entertainment operating at the site and thereby significantly limit the flexibility to respond to changing market conditions. In analyzing the Initiative’s effects, two variations on the General Plan With Initiative are analyzed, one that assumes that Vallco becomes the successful, enhanced mall as envisioned by Initiative proponents/sponsors and an alternative that assumes Vallco remains essentially in its current state. An historical analysis of retail performance at Vallco is found in Section F.1 in Chapter III, and shows that the Shopping District has had declining sales revenue for the past 10 years. As further described below and in Appendix 6, it is highly unlikely Vallco could become a successful, enhanced mall under the changes to the General Plan proposed by the Initiative. 1. General Plan With Initiative Assuming Vallco as Enhanced Mall The stated Initiative purpose regarding Vallco Shopping District is to “preserve and enhance the Vallco Shopping District”, so this variation assumes that the existing property could be enhanced and preserved as a local and regional destination.24 It assumes full buildout under the General Plan as amended by the Initiative, with a re- tenanted Vallco that continues to include 1.2 million square feet of retail. It assumes some remodeling would occur within the existing building footprints and street layout, including exterior upgrades and tenant improvements. This variation, referred to as General Plan With Initiative Assuming Vallco as Enhanced Mall, assumes Vallco could become a vibrant destination with similar characteristics to Valley Fair, although this is not considered to be a likely outcome according to the City’s retail consultant, Greensfelder Commercial Real Estate LLC (Greensfelder), as further described in Section C.2. in Chapter III. 2. General Plan With Initiative Assuming Vallco With 2016 Occupancy This variation assumes that the property remains largely in its current state and is not able to be redeveloped given its current constraints, referred to as General Plan With Initiative Assuming Vallco With 2016 Occupancy. The 2014 Retail Strategy Report to the General Plan prepared by Greensfelder indicates the Vallco Fashion Mall is not a viable retail project in its current form.25 Greensfelder has provided an updated technical study for this Report, and its findings will be further described in Section C.2. in Chapter III. In summary, the study finds that Vallco has been declining for a number of years, both due to consumer trends26 and 24 The Initiative would require a Specific Plan for any change in use from that existing at the time the Initiative is adopted. The Initiative also designates a maximum building height of 45 feet for the Vallco Shopping District, which is lower than some existing buildings at the Vallco Shopping Mall. The existing structures could remain as currently built. New structures would have to meet the lower height requirements. 25 Retail Strategy Report, p 15. 26 Washington Post Why no one likes indoor malls anymore https://www.washingtonpost.com/news/wonk/wp/2015/01/06/why-no- one-likes-indoor-malls-any-more/, January 6, 2015 373 9212 Report – City of Cupertino March 2016 | Page 19 the position of the mall in a very competitive retail trade area with strong alternatives for shoppers. 27 These and other factors create a real possibility that investors would not be willing to make the necessary investment, or that they might not succeed, in revitalizing the mall. As indicated in this study: “In recent years there has been some façade improvement to the Vallco Fashion Mall; however, there has been no major reinvestment in the mall for decades. Reinvestment is needed to upgrade or replace older buildings and make other improvements so that this commercial center is more competitive and better serves the community. Currently, the major tenants of the mall include a movie theater, bowling alley and three national retailers.”28 Since this study was completed in 2014, all three national retailers (Macy’s, Sears and J.C. Penney) have closed or are in the process of closing. This variation illustrates the effects if the property remains in close to its current state of occupancy and has about 314,000 square feet currently occupied (26% occupied), assuming J.C. Penney closes in April as publicly indicated by J.C. Penney.29 The reduction of commercial employees at Vallco is not assumed to be offset by increases in commercial employment elsewhere in Cupertino, as the total 1.2 million square feet allocation remains in Vallco Shopping District, despite being substantially vacant. 3. Comparison of Variations on General Plan With Initiative The differences in land use between the two variations of the General Plan With Initiative are summarized in Table II.7. Table II.7 Comparison of Allowable Buildout by Land Use in Vallco Shopping District Under Variations to General Plan With Initiative Land Uses Vallco Shopping District General Plan with Initiative Assuming Vallco as Enhanced Mall General Plan with Initiative Assuming Vallco with 2016 Occupancy Increase/ (Decrease) Residential (units) 0 0 No Change Office (sq. ft.) 0 0 No Change Retail/Commercial (sq. ft.) Total Allowable Occupied - 1,200,000 1,200,000 - 1,200,000 314,000a - - (886,000) Hotel (rooms) 313 313 - a. Although all 1.2 million square feet of space would remain as built, only about 314,000 square feet are assumed to be occupied once J.C. Penney closes in April 2016. 27 Retail Strategy Report, p 39. 28 General Plan, p. PA-9. Note that as of March 2016, only one of the three national retailers remains, and that one plans to close on April 9, 2016. 29 After the closure of JC Penney in April 2016, only 313,982 sq. ft. (or 26 percent) of the Vallco Shopping Mall will be occupied, with the remaining unoccupied/vacant. 374 9212 Report – City of Cupertino March 2016 | Page 20 II.G. Summary of Scenarios Analyzed in this Report Where relevant, this Report evaluates the effects and impacts of the Initiative by comparing what would occur under the Adopted General Plan without the Initiative and what would occur under the General Plan With Initiative. As described above, it also evaluates two variations on each of these major scenarios, which look at alternative development outcomes, as summarized in Table II.8 below. Table II.8 Summary of Development Scenarios Without Initiative With Initiative Scenario Adopted General Plan Adopted General Plan with 2015 Sand Hill Proposal General Plan with Initiative Assuming Vallco as Enhanced Mall General Plan with Initiative Assuming Vallco with 2016 Occupancy Description Buildout of the adopted General Plan Buildout of the adopted General Plan, including the 2015 Sand Hill Property Company’s proposal for the Vallco Site (The Hills at Vallco) Buildout of the General Plan as amended by the Initiative, assuming Vallco is renovated, improved, and successfully occupied Buildout of the General Plan as amended by the Initiative, assuming Vallco remains largely in its current state with the projected occupancy of 26 percent. The quantitative analysis in this Report uses these scenarios to compare the type and amount of new development that would be allowed to occur in order to analyze the potential impacts at buildout. Table II.9 contains a summary comparison of development buildout under the Adopted General Plan without and with the Initiative. It also takes into account the alternative levels of occupancy that could occur at Vallco under each scenario. 375 9212 Report – City of Cupertino March 2016 | Page 21 Table II.9 Comparison of Development Build Out Under the Development Scenarios Without Initiative With Initiative Development Buildout Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Enhanced Mall General Plan with Initiative Assuming Vallco with 2016 Occupancy Change in General Plan Buildout With Initiative Residential − Housing (units) 23,294 23,294 23,148 23,148 (146) Non-Residential − Office (sq.ft.) 11,470,005 11,470,005 9,470,005 9,470,005 (2,000,000) Commercial/Retail (sq.ft.) 4,430,982 4,430,982 4,430,982 4,430,982 - Vallco (Allowable) 1,200,000 650,000 1,200,000 1,200,000 - Vallco (Assumed Occupancy) 1,104,000 598,000 1,104,000 312,000 - Other Retail/Commercial 3,230,982 3,780,982 3,230,982 3,230,982 - Hotel (rooms) 1,429 1,429 1,429 1,429 - Source: City of Cupertino 376 9212 Report – City of Cupertino March 2016 | Page 22 III. Analysis This chapter of the Report presents the analysis of the Initiative’s potential effects and impacts, pursuant to Elections Code section 9212. The analysis is presented in six sections that together cover all of the section 9212 subjects that the City Council directed staff to analyze: • Land Use and Housing– Effect on the internal consistency of the City's General and Specific Plans, including the Housing Element, consistency between planning and zoning, and any limitations on city actions,30 as well as its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs, per section 9212 (b)(2 & 3). • Development Patterns– Impact on agricultural lands, uses of vacant parcels of land, and developed areas designated for revitalization and existing business districts, per section 9212 (b)(6 & 7). • Economic Development–Impact on the community's ability to attract and retain business and employment, per section 9212 (b)(5). • Infrastructure– Impact on transportation (traffic congestion), schools, parks and open space, other public services and utility infrastructure, per section 9212 (b)(7). • Infrastructure Funding– Impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space, per section 9212 (b)(4). • Fiscal– Impact on the City’s fiscal conditions, per section 9212 (b)(1). Each section begins with a brief overview of the key components of the analysis and describes the potential effects and/or impacts of the Initiative in specific ways. III.A. Land Use and Housing As the Initiative proposes to amend the General Plan, the effects on land use and housing are first considered because they provide the context for the rest of the analyses in the Report. A key focus of this analysis is the Initiative’s effect on the consistency of the City’s land use policies and programs. It also evaluates how the Initiative could affect the use of land for housing, impact the availability and location of housing, and impair the city’s ability to meet its regional housing needs. 1. Background California law requires every city and county in the State to adopt a general plan with policies and objectives to guide land use and development. The law requires that the general plan be comprehensive, forward-looking, and internally consistent, and also requires that all zoning regulations, capital planning, and individual land use decisions be consistent with that general plan. As described earlier, the City of Cupertino amended its General Plan in 2014 to establish the policy and regulatory framework necessary to build a great community in alignment with its vision for how planning and development should occur through buildout in 2040. Some General Plan policies are quite specific, 30 Elections Code section 9212 specifically authorizes reports to address “limitations on city actions under Section 65008 of the Government Code and Chapters 4.2. (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.” 377 9212 Report – City of Cupertino March 2016 | Page 23 establishing minimum parcel sizes, building heights and allowable land uses within the various land use designations, while others are more general.31 The General Plan also contains specific policies for nine designated Special Areas, one of which is the Vallco Shopping District, which is the primary focus of the Initiative.32 These Special Areas, which comprise approximately one quarter of the City’s land area, are located along the City’s four main thoroughfares. According to the General Plan, these Special Areas “represent key areas within Cupertino where future development and reinvestment will be focused.” The General Plan also contains policies that relate to the remainder of the City, referred to as Neighborhoods, which include the remaining three quarters of the City’s land area. The General Plan consists of nine chapters, and Chapter 4 of the General Plan is the City’s Housing Element. The Initiative proposes amendments to four chapters of the General Plan, as detailed in Appendix 2. The amendments would affect land use and housing in the following major ways, each of which is further analyzed below: • Specific land use changes and policies in the Vallco Shopping District Special Area • Citywide development and building standards (including maximum building heights and densities, building planes, and minimum setback requirements) • City’s Housing Element • Voter approval requirements and process to amend the General Plan provisions adopted or revised by the Initiative One of the key legal aspects that must be analyzed with any proposed initiative that amends the General Plan is how it affects the General Plan’s “internal consistency” and the "vertical consistency” of the City’s Zoning Ordinance and subordinate plans with the General Plan (as amended by the Initiative). Each of these terms is briefly described to establish context for this analysis: • Internal Consistency– State law requires that the General Plan, which functions as the “constitution” for the City’s land use decisions, must comprise an integrated, internally consistent and compatible statement of policies.33 This is known as the internal (or horizontal) consistency requirement. As the California Supreme Court has explained, it is unlawful for an initiative to cause a city’s general plan to become internally inconsistent or otherwise defective. • Vertical Consistency– State law also requires that the City’s Zoning Ordinance, which is contained in Title 19 of the Cupertino Municipal Code, must be consistent with its General Plan. This requirement is referred to as “vertical” consistency. “An action, program, or project is consistent with the general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment.”34 The Initiative’s effect on both internal and vertical consistency is also analyzed in relationship to land use and housing, in the following sections. 31 Please refer to the City’s website for further information on the General Plan: http://www.cupertino.org/index.aspx?page=1275 32 These “Special Areas” are identified in the General Plan’s Community Form Diagram (Figure LU-1). 33 Gov’t Code § 65300.5 34 Corona-Norco Unified School District v. City of Corona (1983) 17 Cal.App.4th 985. 378 9212 Report – City of Cupertino March 2016 | Page 24 2. Vallco Shopping District As described in Appendix 2 and Section II.C. of this Report, the Initiative makes significant changes to the General Plan’s vision and policies for revitalizing and redeveloping the Vallco Shopping District Special Area.35 While the changes proposed by the Initiative are substantial, they do not appear to create any internal inconsistencies in the General Plan, with two possible exceptions. First, the General Plan’s Recreation, Parks, and Community Services Element (Chapter 9) calls for the development of a “potential trail” along the drainage channel on the south side of I-280. This Element notes that several development projects have already contributed to a proposed future study and potential improvements to implement the trail and states that “[t]he timing of the study is expected to be coordinated with the redevelopment of the Vallco Shopping District and other developments in the area.” Because the Initiative deletes the provisions in Chapter 3 of the General Plan calling for the complete redevelopment of the Vallco Shopping District and removes the incentives for a “master developer” to promptly submit a Specific Plan to achieve that redevelopment, it potentially could interfere with the timing of (and funding for) studying and developing this potential new trail. On the other hand, the Initiative amends one of the land use strategies regarding Vallco to specify that any development or revision to the street pattern at the site should contribute towards the I-280 trail study and improvements.36 Ultimately, even if there is any tension between these different provisions, the City Council has broad discretion in balancing the competing goals, policies, and other provisions of the General Plan. It is unlikely that a court would find that this potential tension renders the General Plan internally inconsistent under State law. The second possible exception concerns the Initiative’s removal from the General Plan of the provisions establishing Vallco as a “priority Housing Element site” for providing the City’s state-mandated share of regional housing needs. Because this issue is intertwined with the Initiative’s changes to the Housing Element affecting other areas of the City, it is discussed below after the analysis of the Initiative’s effects on citywide building standards. 3. Development and Building Standards The Initiative contains several amendments that would modify development and building standards differently in various areas of the City. (These standards include limits on heights, densities, setbacks and stepbacks, and building planes.) The potential effects in each area of the City are described below. a) Neighborhoods Perhaps the most significant of the Initiative’s amendments regarding standards is the provision in the proposed new Policy LU-3.0 that increases maximum building heights for the bulk of the City. Specifically, the second sentence of this Policy (on page 5 of the Initiative) provides that “[o]utside of the Special Areas shown in Figure LU-1, building heights may not exceed 45 feet.” The only areas of the City that are “outside of the Special Areas” are the City’s Neighborhoods, which comprise approximately three-quarters of the City’s land area. Both the adopted General Plan and the City’s Zoning Ordinance establish a maximum height limit of 30 feet (or less) for the Neighborhoods. Accordingly, this provision of the Initiative increases the maximum height limit in Neighborhoods by fifty percent (50%) from 30 feet to 45 feet. 35 Please refer to Appendix 2 and Section II.B of this Report for a description of the Initiative. 36 See Initiative at p. 10 (amending Strategy LU-19.1.6). 379 9212 Report – City of Cupertino March 2016 | Page 25 This increased building height limit has implications for both the internal and the vertical consistency of the General Plan. With respect to internal inconsistency, the General Plan describes the Neighborhoods as areas of the City “where future changes are expected to be minimal.”37 The General Plan identifies twelve distinct Neighborhoods and explains that most of these areas are already fully developed. However, the General Plan also anticipates limited future development (and redevelopment) in the Neighborhoods. And it stresses that, “as redevelopment opportunities arise, it is important that the policies outlined in the General Plan with respect to neighborhood preservation, connectivity, mobility and access to services are implemented.” The provisions of the General Plan setting forth the City’s “Vision” for each of these Neighborhoods confirms that the City anticipates minimal future changes to these neighborhoods. The fifty percent increase in maximum height limits for these areas could be viewed as conflicting with the General Plan’s focus on preserving the Neighborhoods with “minimal” future changes. With respect to vertical consistency, this increase in the maximum building heights raises the question of whether the City’s Zoning Ordinance—which establishes maximum building heights of 30 feet (or less) in the Neighborhoods—is inconsistent with the Initiative’s new proposed height limit, and therefore would need to be amended to conform to the General Plan if the Initiative is adopted. In other words, would a Zoning Ordinance provision establishing a maximum building height of 30 feet be consistent with a General Plan specifying “building heights may not exceed 45 feet?” As noted above, State law requires that the Zoning Ordinance (and all other subordinate planning regulations and approvals) must be consistent with the General Plan. This requirement is satisfied if the Zoning Ordinance (or other regulation or action) would “considering all its aspects, further the objectives and policies of the general plan and not obstruct their attainment.” State law also provides that any resident or property owner within the City may file a lawsuit to enforce this consistency requirement.38 The City Council would likely have the discretion either to increase—or not to increase—the applicable Zoning Ordinance height limitations to 45 feet, with two possible exceptions. This is because the 30-feet maximum height limit specified for the zoning districts that comprise the bulk of the Neighborhoods appears on its face to comply with the Initiative’s proposed new General Plan policy specifying that the heights in these areas “not exceed” 45 feet. Simply put, 30 feet is less than 45 feet and therefore, by definition, does “not exceed” 45 feet. The Initiative authorizes the Council to increase zoning in a Neighborhood to 45 feet, to be consistent with the General Plan, where such an increase would currently require a General Plan Amendment. However, there are important exceptions to this conclusion. Several zoning districts within the City defer to the height in the General Plan. For example, the Commercial Zone allows maximum heights of “30 feet unless otherwise permitted by the General Plan or applicable Specific Plan.39 Other zoning districts similarly defer to the height in the General Plan.40 Although the majority of the Neighborhoods are zoned some type of residential land use, which limits the height to 30 feet in most cases, some parcels with other zoning designations defer to the General Plan. For instance, some Neighborhood sites have Planned Development (P) zoning. The Zoning Ordinance specifies that the maximum 37 See General Plan, Chapter 2, Introduction. 38 Government Code § 65860(b). 39 Cupertino Municipal Code (“CMC”) § 19.60.060(B). 40 For example, see Administrative Office (OA) and Administrative Professional (OP) CMC §19.68.050(B) or Industrial Park (MP) CMC §19.72.060(B). 380 9212 Report – City of Cupertino March 2016 | Page 26 height in any Planned Development (P) zone is governed by “both the General Plan and any underlying zoning designation which regulates the site.”41 For example, several Neighborhood locations are zoned P(Res). There is no “underlying zoning designation” of “Res” that specifies the heights for those sites. Therefore, arguably, the height defers to the General Plan, or 45 feet under the Initiative. The second possible exception concerns multi-family housing in the Planned Development (P) residential zone and the R-3 zone. General Plan Land Use Strategy LU-27.6.2, Ordinances Update, directs the City Council to “[u]pdate the Planned Development (Residential) and R-3 ordinances to achieve the policies and strategies applicable to multifamily development in neighborhoods.” It is unclear whether the Initiative’s increase in maximum height limits for the Neighborhoods, as set forth in the proposed new Policy LU-3.0, constitutes a policy “applicable to multifamily development in neighborhoods.” However, to the extent that it does constitute such a policy, then the City may be required to update the P (Residential) and R-3 ordinances to increase the maximum height limits in those zoning districts to 45 feet as well. Finally, even if the City Council determines that the Initiative (if adopted) does not require the City to increase the maximum height limit in a particular Neighborhood, a property owner wishing to develop his or her property in that Neighborhood could challenge this interpretation and argue that it is inconsistent with the Initiative’s “conformity” provisions. As noted above, one of these provisions directs that “all provisions of the municipal code, ordinances, including zoning ordinances, resolutions, administrative policies, general plans, specific plans, conceptual plans or any other plan of the City shall be revised and amended to make them conform with the provisions of this Initiative.”42 The City has already received several written inquiries asking about the effect of these conformity provisions. If such a legal challenge is brought, the courts might ultimately have to decide the meaning of this provision. b) Special Areas The Initiative’s proposed new Policy LU-3.0 would prohibit any increases in the maximum building height and densities within any of the General Plan’s Special Areas. This provision essentially readopts limitations already set forth in the current General Plan for these Special Areas and requires voter approval to change these limitations. It does not create any General Plan inconsistencies and does not appear to have any direct effect on the City’s Land Use Policies and Programs. It would, however limit the City’s flexibility in making future changes to these building heights and densities in these “key areas” of the City. This change is somewhat in tension with other General Plan provisions calling for flexibility in the development of the Special Areas and with the General Plan’s recognition that these Special Areas “are expected to transition over the life of the General Plan.” As described in Appendix 2, however, the Initiative slightly modifies these standards or in fact adopts new standards applicable to certain Special Areas. None of these changes are substantial, but they could still require the City to make changes to the specific plans for the affected Special Areas. This is because the Initiative contains several “conformity” requirements that direct the City to update all other provisions of the General Plan, and all provisions of the City’s other laws and regulations, to conform to the provisions of the Initiative. In light of these “conformity” provisions, the City may need to update the applicable Specific Plans or Conceptual Plans for the Special Areas affected by these changes to conform to the changes made by the Initiative. 41 CMC § 19.08.040(C)(1). 42 See Page 16 of the Initiative (Part VI); see also Page 2 of the Initiative (Part IV, Section 1(a)). 381 9212 Report – City of Cupertino March 2016 | Page 27 c) Citywide Most of the Initiative’s provisions regarding citywide development and building standards simply readopt (or prevent changes to) standards already set forth elsewhere in the General Plan or in other City planning documents. Policy LU-3.0 would prohibit changes to development and building standards citywide. Specifically, it specifies that: “No provision allowing additional height or density, modifying maximum lot coverage, building plane, or minimum setback to relax the standard set forth in this General Plan, other than those mandated by state law, shall be allowed.” This amendment would generally lock in place the General Plan’s existing standards (as modified by the Initiative) for residential density, maximum building height, maximum lot coverage, building plane, and minimum setbacks throughout the City. This provision would thus require voter approval for any increase in the specified maximum (or decrease in the specified minimum) standards, “other than those mandated by state law.” As this provision effectively readopts already existing standards, it does not create any General Plan inconsistencies and does not appear to have any direct effect on the City’s Land Use Policies and Programs. It could, however, discourage property owners from pursuing development that would require even minor changes to these standards and would likely prevent the City from issuing any variances to exempt property owners from these standards. The scope and process for this voter approval requirement is discussed below in Section A.6, Voter Approval Requirement and Process to Change General Plan. The Initiative’s proposed Policy LU-3.0 contains an additional limitation for certain large projects throughout the City. Specifically, it states that “[f]or any project of over 50,000 sq. ft. of building area, maximum lot coverage shall not exceed 70%.” This limitation would require any future project application exceeding these criteria to obtain voter approval. In addition to the new proposed Policy LU-3.0, the Initiative also modifies existing General Plan Policy LU-3.2 and adds new policies LU-3.2.1 through LU-3.2.6 to add provisions relating to building heights, setback ratios, stepbacks, and building planes. The Initiative states that these modifications are made “[i]n order to ensure the retention and enforcement of City guidelines not currently included in the General Plan.” (These modifications are detailed in Appendix 2, Part IV(C)(4).) The bulk of these provisions reflect existing City policies or guidelines contained in various specific plans or other similar documents. 4. Housing Element California law recognizes the vital role that local governments play in the supply and affordability of housing. It also requires that all cities’ Housing Elements must be updated on a regular basis and reviewed by the Department of Housing and Community Development (HCD) for compliance with State law. Cupertino’s Housing Element (Chapter 4 of the City’s General Plan) was updated along with the recent General Plan Amendment, and it was reviewed and approved by HCD in 2015.43 The Housing Element contains plans to meet the City’s share of the Bay Area’s housing needs, referred to as the City’s Regional Housing Needs Allocation, or RHNA. For the period from 2015 to 2023, State law requires that the City make sites available for at least 1,064 housing units to meet regional needs. The Initiative could potentially impact the availability of land, location of housing, and the City’s ability to meet its regional housing needs. 43 The City’s Housing Element was adopted on May 19, 2015. 382 9212 Report – City of Cupertino March 2016 | Page 28 5. Availability and Location of Housing The Housing Element contains two lists of “priority Housing Element sites” that can accommodate the City’s share of regional needs. Scenario A, the preferred scenario, includes Vallco as a housing site. Scenario B, the contingency plan, removes Vallco as a priority site and transfers those units to other sites in the event that a Specific Plan to develop housing as part of a mixed-use project at Vallco is not approved by May 31, 2018. (The table below compares the two scenarios.) If the Initiative is adopted, Scenario A will be eliminated entirely from the Housing Element, and Scenario B will become the City’s only housing plan for meeting its regional housing needs. The replacement of Scenario A with Scenario B will also have a variety of impacts on the availability and location of housing in the City more generally. Table III.1 List of Priority Sites from Housing Element Under Two Scenarios Special Area Scenario A Housing Units Scenario B Housing Units North Vallco Park The Hamptons 600 net new units; 942 total 750 net new units; 1,092 total Vallco Shopping District Vallco Shopping District 389 0 Heart of the City The Oaks Shopping Center 200 235 Marina Plaza 200 200 Barry Swenson Site 11 11 Glenbrook Apartments - 58 net new units; 575 total Homestead Homestead Lanes and adjacent sites - 132 Total Net New Units 1,400 1,386 These scenarios are presented both in the City’s Housing Element and in the Housing Element Technical Report, which is included in Appendix B of the General Plan. The Initiative changes the Housing Element (as just described), but does not make conforming changes in Appendix B to remove Scenario A from consideration. Appendix B continues to state that Scenario A is the preferred alternative, and Scenario B is a contingency plan. If the Initiative is adopted, Appendix B will become inconsistent with the changes made to the Housing Element by the Initiative. Consequently, the Initiative arguably will have created an internal inconsistency in the Housing Element. However, the Initiative directs the City to revise all other provisions of the General Plan “to make them conform with the provisions of this Initiative.” In the event that the Initiative is challenged in court, it is likely that a court would construe this language as authorizing the City Council to revise the background information contained in Appendix B to be consistent with the policies established by the Initiative.44 44 See Pala Band of Mission Indians v. San Diego County (1997) 54 Cal.App.4th 565, 577 n.8. 383 9212 Report – City of Cupertino March 2016 | Page 29 a) Ability to Meet Regional Housing Needs Priority housing sites designated in Scenario A can realistically accommodate 1,400 residences. Priority sites designated in Scenario B can realistically accommodate 1,386 residences. Since Cupertino’s share of the regional housing need totals 1,064 units, the citywide reduction of 14 units under Scenario B with the Initiative does not materially affect Cupertino’s ability to meet its regional need. However, the City has already received an application from the owner of The Hamptons property (in the North Vallco Park Special Area) to construct the 600 net new units allowed by Scenario A, rather than the 750 net new units allowed by Scenario B. If the Initiative is adopted, and The Hamptons is approved as now proposed, 150 fewer units could be accommodated in Scenario B. The sites listed in Scenario B would continue to accommodate 1,236 units, which would provide enough sites to meet the City’s share of the regional housing need. However, the net effect could be an additional loss of 150 housing units. In addition, the Initiative reduces the total future development allocations for housing, including sites zoned for housing but not listed in the Housing Element, by 146 units, from 1,882 units to 1,736 units. The Initiative’s revised Table LU-1, Citywide Development Allocation between 2014-2040, does not allocate sufficient additional units to other areas to compensate entirely for the loss of 389 units in the Vallco Shopping District, adding just 150 units to the North Vallco allocation and 93 units to the Heart of the City area. This reduction in the residential allocation reduces the City’s ability to accommodate additional housing development. b) Location of Priority Housing Sites The Initiative removes all priority housing sites from the Vallco Shopping District and adds two priority housing sites: • Glenbrook Apartments, located in the Heart of the City Special Area, with the capacity for 58 net new units • Homestead Lanes, located in the Homestead Special Area, with the capacity for 132 units In addition, under Scenario B with the Initiative, the maximum density is increased on two key sites: • At the Hamptons, located in the North Vallco Park Special Area, maximum density is increased from 85 units per acre to 99 units per acre and capacity for net new units is increased from 600 to 750 units. • At the Oaks Shopping Center, maximum density is increased from 30 units per acre to 35 units per acre and capacity is increased from 200 to 235 units. If viewed by Special Area, Scenario B removes 389 units from the Vallco Shopping District; adds 132 units to the Homestead Special Area; adds 150 units to the North Vallco Park Special Area; and adds 93 units to the Heart of the City Special Area. Residential allocations shown in Table LU-1 have been increased correspondingly in the North Vallco Park Special Area and Heart of the City Special Area but no residential allocations have been added to the Homestead Special Area. It should be noted that revisions to the Housing Element require review by the California Department of Housing and Community Development. c) Effect on Provision of Affordable Housing The City has adopted policies that require 15 percent of all new for-sale housing units to be affordable to moderate and middle-income households. Rental housing is required to pay affordable housing impact fees of $20 to $25 per square foot, because state law does not allow the City to require rental housing to be affordable. The Initiative does not modify these Housing Element policies. 384 9212 Report – City of Cupertino March 2016 | Page 30 However, high land costs have made it difficult for the City to construct or purchase affordable housing with its impact fees. The current property owner of the Vallco site has submitted a proposal to the City to construct 800 rental units on the Vallco site, with 10 percent affordable (32 units affordable to low-income households and 48 units affordable to very low income households). If the Initiative passes and no housing is permitted on the Vallco site, it will be difficult for the City to find an alternate location for 80 affordable units. d) State Law Provisions Applicable to Sites Shown in Scenario B State law includes various provisions that are applicable to sites listed in the Housing Element. For all sites listed in Scenario B, the City must make findings if it proposes to approve a project with fewer units than shown in the Housing Element. In that case, the City must demonstrate that adequate sites remain to meet the City’s fair share of the regional need at all income levels, or must designate alternative sites to meet that need.45 If a developer proposes fewer units than shown in the Housing Element, the developer must propose the designation of an alternative site if needed to accommodate the City’s fair share. If the Initiative is adopted, this requirement will apply to any proposal to construct or approve fewer units than are shown in the “Summary of Priority Sites: Scenario B.” In particular, this requirement will apply to a proposal to construct 600 net new units at The Hamptons rather than the 750 net new units shown in Scenario B. Additionally, the Initiative states that any rezoning of Homestead Lanes will “allow residential uses by right at a minimum density of 20 units per acre.” The phrase “use by right” is defined by state law to mean that the City may not require any discretionary review for residences on the Homestead Lanes site that would be subject to the California Environmental Quality Act (CEQA). The City may require design review approval for the residences, but any design review approval is also not subject to CEQA.46 As a consequence, after any required rezoning is completed for Homestead Lanes, the City may only require design review approval for residences, and residential development will not be subject to CEQA. e) Consistency of the Initiative with State Law State law requires that each of the actions identified in the Housing Element must have a “timeline for implementation.”47 The Housing Element must also “include an identification of the agencies and officials responsible for the implementation of the various actions.”48 The rezoning of the Homestead Lanes site must be accomplished “no later than three years after…the date that the housing element is adopted,” or by May 31, 2018, unless a one-year extension is provided.49 45 Gov’t Code §65863 46 Gov’t Code § 65583.2(i) 47 Gov’t Code § 65583(c) 48 Gov’t Code § 65583(c)(7) 49 Gov’t Code §§ 65583(c)(1)(A), 65583(f) 385 9212 Report – City of Cupertino March 2016 | Page 31 The Initiative deletes the following table regarding Strategy 1: Cupertino Department of Responsible Agencies: Community Development / Planning Division Time Frame: Ongoing; Adopt Specific Plan and rezoning for Vallco by May 31, 2018; otherwise, conduct public hearings to consider adoption of “Scenario B” of sites strategy. Funding Sources: None required Quantified Objectives: 1,064 units (178 extremely low-income units, 178 very low-income units, 207 low-income units, 231 moderate-income units and 270 above moderate-income units) Because the entire table following Strategy 1 has been deleted, the Housing Element as modified by the Initiative will not contain all of the content required by the housing element statute, because it will not: • Contain a timeline for implementing any of the actions contained in Strategy 1 • Identify the agencies and officials responsible for implementing actions contained in Strategy 1 • Commit to rezoning the Homestead Lanes site by May 31, 2018. The Initiative’s deletion of the table following Strategy 1 also removes all quantified objectives for housing at specified income levels to be accomplished by Strategy 1. The quantified objectives included in the deleted table show that Strategy 1 can accommodate the City’s entire share of the regional need at each income level. The quantified objectives for the other strategies in the City’s Housing Element do not show how the City will meet the regional need. A city cannot take an action inconsistent with, or preempted by, state law.50 An initiative amendment must conform to all formal requirements and may not lack any of the content specified by statute for the mandatory elements of the general plan.51 If a general plan amendment is “substantively deficient, then it may be challenged on that basis.” Substantial compliance with state housing element law “means actual compliance in respect to the substance essential to every reasonable objective of the statute,’ as distinguished from ‘mere technical imperfections of form.’”52 In Friends of Aviara v. City of Carlsbad (2012) 210 Cal.App.4th 1103, 1113, the Court of Appeal ordered Carlsbad to adopt a timeline for completing a program shown in its housing element but did not require Carlsbad to vacate its adoption of its housing element. If a court were to find that the absence of a timeline, responsible agency, and quantified objectives for Strategy 1 are inconsistent with state law, it would have discretion to mandate a variety of remedies.53 Under Friends of Aviara, the court would likely order the City to correct the deficiencies in the Housing Element rather than directing that the entire Initiative be invalidated 50 California Constitution, Article XI, Section 7 51 See DeVita v. County of Napa (1995) 9 Cal. 4th 763, 796 n.12. 52 Fonseca v. City of Gilroy (2007) 148 Cal.App.4th 1174, 1185. 53 See DeVita, 9 Cal. 4th at 796 n.12 (citing Concerned Citizens of Calaveras County v. Board of Supervisors (1985) 166 Cal.App.3d 90, 103-04). 386 9212 Report – City of Cupertino March 2016 | Page 32 6. Voter Approval Requirement and Process to Change General Plan As explained above and in Appendix 2, the Initiative contains several provisions that would prohibit any changes to certain General Plan requirements—including to most provisions adopted by the Initiative—without voter approval. Similar voter approval requirements are included in many initiatives, and the courts have generally upheld them.54 This section of the Report addresses the scope of the Initiative’s voter approval requirements and the likely options for seeking voter approval. a) Scope of Initiative’s voter approval requirement The Initiative expressly or implicitly recognizes three limits on the scope of its voter approval requirements. First, the Initiative states that changes to the “Development Allocations” it makes to Table LU-1 that are indicated by an asterisk “may be changed through the normal general plan amendment process.”55 As explained in Appendix 2, the implication of this voter approval language for the allocations expressly removed or added to Table LU-1 by the Initiative is clear: The allocations deleted from the Vallco site may not be readopted without voter approval; likewise, the reallocated residential units for the North Vallco Park and Heart of the City Special Areas may be amended by the City Council through the “normal general plan amendment process” (i.e., without voter approval), as indicated by the asterisks added by the Initiative. For the other allocations set forth in Table LU-1—which are neither added nor deleted by the Initiative—it is not clear whether the Initiative’s voter approval requirements apply. It should be noted that the Initiative does not state that it is readopting or reenacting Table LU-1 as a whole. Instead, it states (at the bottom of page 3) that “Table LU-1: . . . is amended by the additions and strikeouts shown below.” Since the other allocations in Table LU-1 were not reenacted, it appears that the voter approval requirement in Part VIII of the Initiative does not apply to these other allocations except to the extent that some other provision of the Initiative expressly references them. Given this lack of clarity, the City Council most likely would have the discretion to interpret the Initiative in this way. As one court recently explained in construing a general plan amended by initiative, “the settled rule [is] that where [a general plan] is ambiguous, courts should give it “a reasonable and common sense construction in accordance with the apparent purpose and intention of the lawmakers—one that is practical rather than technical and that will lead to a wise policy rather than mischief or absurdity.’”56 See Appendix 2, Part IV(C)(2) Second, Part V of the Initiative (Page 16) states that the “Initiative shall not apply to any development project which has obtained as of the effective date of this Initiative a vested right pursuant to state law.” This Part appears to insulate the Initiative from a legal claim that it constitutes an unconstitutional “taking” or otherwise violates the property of a landowner or developer that has already obtained a legal right to proceed with a specific development project. The courts have found that similar clauses in other land use initiatives generally preclude any claim that the initiative, on its face, constitutes an unconstitutional taking in such circumstances.57 54 See, e.g., DeVita v. County of Napa (1995), 9 Cal.4th 763, No. S037642; see also Elec Code § 9217 (specifying that no adopted initiative “shall be repealed or amended except by a vote of the people, unless provision is otherwise made in the original [initiative]”). 55 See Initiative, page 4 56 San Francisco Tomorrow v. City and County of San Francisco (2014) 229 Cal.App.4th 498, 521; see id. at 513-15, 521-24. 57 See Shea Homes v. Alameda County, 110 Cal.App.4th 1246, 1266-67 (2003). 387 9212 Report – City of Cupertino March 2016 | Page 33 Third, proposed new Policy LU-3.0 provides an exception where mandated by state law: “No provision allowing additional height or density, modifying maximum lot coverage, building plane, or minimum setback to relax the standard set forth in this General Plan, other than those mandated by state law, shall be allowed.” This “other than mandated by state law” language appears to provide a safety valve to allow the City Council to relax the specified standards where a specific provision of State law—for instance the various State law provisions requiring cities to provide for their regional fair share of housing or density bonuses—would require such a relaxation. The courts have upheld similar provisions.58 However, the language of this provision does not clearly allow the City to grant any variances from these specified building standards in the absence of a specific state law provision requiring one. The provision of the State Planning Law authorizing variances does not mandate that a city grant a variance, even where the strict application of buildings standards would deprive the owner of a specific property “of privileges enjoyed by other property in the vicinity and under identical zoning classification.”59 To the contrary, the California Supreme Court has long held that the granting of a variance is discretionary, not mandatory.60 And one appellate court recently upheld the denial of variance and permit where an initiative had banned the granting of any non-conforming uses, including variances.61 b) Voter Approval Process State law governs the manner in which voter approval could be sought for General Plan amendments or other activities that the Initiative prohibits without voter approval. There are two main ways to obtain voter approval: (1) “voter-sponsored” measures, which, like the Initiative itself, are placed on the ballot pursuant to the Initiative power contained in the California constitution; and (2) “council-sponsored measures,” which are placed on the ballot by the City Council. Both procedures are governed by the Elections Code. For a voter-sponsored measure to be placed on the ballot, the “proponents” of the measure must submit a notice of intent to circulate the proposed initiative petition, request and obtain the official title and summary from the City Attorney, and, after complying with various other requirements, gather and file with the City the requisite number of valid signatures within 180 days of receiving the official title and summary.62 The requisite number of valid signatures to qualify a measure for the ballot is ten percent (10%) of the registered voters of the City. Voter-sponsored measures are not subject to the California Environmental Quality Act (“CEQA”). However, the City Council could, if it so chose, direct that a section 9212 Report be prepared on any such measure. In addition, the City Council may, if it so chooses, submit a proposal to the voters.63 Council-sponsored measures are subject to CEQA and, accordingly, the Council would need to comply with CEQA prior to placing a measure on the ballot. Under the City’s current General Plan, property owners wishing to submit a development application that requires a General Plan amendment must first seek authorization from the City Council to process such amendments.64 Under the Initiative, the City Council would retain the discretion not to grant such authorization. 58 See, e.g., Shea Homes Ltd. Partnership v. County of Alameda (2003) 110 Cal.App.4th 1246, 1265-66; see also Appendix 2, Part IV(C)(3) (discussing this provision). 59 See Gov’t Code § 65906 (providing that variances “shall be granted only when” such circumstances are present). 60 Metcalf v. Los Angeles County (1944) 24 Cal.2d 267, 272; Rubin v. Board of Directors of City of Pasadena (1940) 16 Cal.2d 119, 126. 61 Ideal Boat & Camper Storage v. County of Alameda (2012) 208 Cal.App.4th 301, 308, 313-20. 62 See Elections Code §§ 9200 – 9215. 63 Elections Code § 9222. 64 The City adopted this requirement in 2015, pursuant to Resolution No. 15-078, to create a procedure for the consideration of future General Plan amendments that would encourage orderly development of the City. 388 9212 Report – City of Cupertino March 2016 | Page 34 It is impossible to predict how many elections would be required under the Initiative. However—given the Initiative provision stating that “No provision allowing additional height or density, modifying maximum lot coverage, building plane, or minimum setback to relax the standard set forth in this General Plan, other than those mandated by state law, shall be allowed”—it appears that the Initiative would require voter approval even for the types of relatively minor “variances” that State law authorizes the City to grant where minor exceptions from such requirements are necessary. If that is the case, voter approval could be required for the types of small projects that the City would otherwise have the power to issue a variance to allow. The City would be required to pay for the costs of any election required by the Initiative. The estimated costs for holding an election depend on whether the City places the measure(s) on the ballot at: (1) a stand-alone election; or (2) a “consolidated” election, which means an election where some other matter is already on the ballot (e.g., a statewide primary or general election). Based on the most recent information available from the County Registrar of Voters, a stand-alone election (i.e., an election on a date that the County is not already conducting an election) would include a “base charge” of $377,600 plus an additional cost of roughly $53,400 for an average length ballot measure. Thus, the total estimated costs to conduct a stand-alone election on a single ballot measure would be approximately $431,000. For a consolidated election (i.e., an election on a date the County is already conducting an election), the “base charge” would be $52,900 and the additional $53,400 per-measure costs would remain the same. Thus, the total estimated costs to put a single measure on the ballot at a consolidated election would be approximately $106,300. These costs are estimates only. The final costs would depend on the actual full costs for the County to conduct the election. These estimates do not include any staff time or other expenses the City might itself incur. For instance, the City Council could decide—as it did in the case of the present Initiative—to order preparation of a report under Elections Code section 9212. The precise costs of a 9212 report depend on the nature of the initiative; however, the budget for the two 9212 reports that the City Council has ordered thus far in calendar year 2016 were $150,000 per report. III.B. Development Patterns As described in the prior section, the Initiative will affect both land use and housing throughout the City. As the result of the proposed land use changes, the Initiative will affect the future uses of vacant parcels of land, community form, and developed areas designated for revitalization and existing business districts. It will not affect agricultural uses. In summary, the following effects would occur: • As previously described, the Initiative would primarily affect the future development of Vallco, a site that has been designated for revitalization for many years and which is part of and adjacent to the City’s major existing business districts. As will be further described in the next section, the Initiative could significantly affect the potential development success of Vallco, which could in turn affect the surrounding business districts. It would also restrict the urban form and development potential of Vallco in specific ways as previously discussed. • Under the adopted General Plan, the maximum building height for areas outside Special Areas (i.e. Neighborhoods) is 30 feet. Under the Initiative, the maximum building height in areas outside Special Areas (i.e. Neighborhoods) would increase from 30 to 45 feet. Buildings of 45 feet are typically three to four stories tall. The Initiative, therefore, would change the form of future development in Neighborhoods to allow taller 389 9212 Report – City of Cupertino March 2016 | Page 35 buildings, but the maximum square footage allowed on individual properties would continue to be subject to General Plan allocations and zoning standards. As the City has minimal land in agricultural uses and the Initiative does not propose any specific changes to policies that would affect agricultural land, it would not have a direct impact on agricultural uses. III.C. Economic Development This section evaluates the Initiative’s potential impact on the community’s ability to attract and retain business and employment. As the Initiative would only directly affect the allocations for Office and Commercial non-residential uses in the General Plan, this section evaluates the effect of the Initiative on these land uses and evaluates how this would in term affect the City’s economic development potential to attract and retain business. If the Initiative were to be adopted, it would remove a key incentive for a developer or property owner to enter into a Development Agreement to undertake the mixed-use development of the Vallco Shopping Center and potentially provide significant community benefits and infrastructure investments as part of the Development Agreement. As discussed below, this could limit the potential for economic development at the Vallco site in other ways as well. 1. Office The General Plan provides room for office growth to “support strong fiscal revenues and a stable tax base. In particular, policies focus on retaining and increasing the number of small, medium and major businesses in key sectors and provide flexible space for innovative startups that need non-traditional office environment.” The Initiative would eliminate office space entirely at Vallco Shopping District, and it would reduce office space by 2 million square feet citywide, counter to the City goals of attracting and retaining businesses. A limited supply of office space, coupled with competition for space from existing businesses in Cupertino, will also constrain the City’s ability to attract and retain growing companies. A very tight market for office space, combined with the high share of office space occupied by Apple, results in scarce leasing opportunities in the 20,000 to 100,000 square foot range. Although larger spaces are also in short supply, 20,000 to 100,000 square feet spaces are in particularly high demand for growing companies such as midsize technology startups. As a result, many expanding midsize firms have opted to relocate to other nearby communities.65 2. Commercial/Retail The Initiative seeks to preserve and enhance the Vallco Shopping Center in its current form and requires that 1.2 million square feet of retail/dining/entertainment be preserved as both the “minimum” and the maximum commercial square footage at Vallco. Requiring that this amount of square footage be maintained—i.e., neither increased nor decreased without voter approval—would significantly limit the flexibility of current and future owners of the property to modify the mix, size, and type of retail/dining/entertainment operating at the site and thereby significantly limit the flexibility to respond to changing market conditions. The impacts of this limitation would likely be exacerbated by the fact that that Vallco Shopping Mall66 is not a viable retail project in its current form, as discussed above in Chapter II. Greensfelder Commercial Real Estate 65 Economic Development Strategic Plan Background Report, Revised Draft Report, Strategic Economics and MIG, January 2016, page 5. 66 Vallco Fashion Park, Vallco Shopping Mall, Vallco Shopping Center and Vallco are all terms used to describe the retail shopping mall within the Vallco Shopping District. 390 9212 Report – City of Cupertino March 2016 | Page 36 (Greensfelder), the retail specialist and author of the 2014 Retail Strategy Report, has provided an updated technical analysis for this Report that evaluates the effects of the Initiative. Appendix 6 contains the Greensfelder analysis, which is summarized here. a) Major Retail Trends Vallco has been declining for a number of years, both due to consumer trends and the position of the mall in a very competitive retail trade area with strong alternatives for shoppers. The following major retail trends are affecting how Vallco is currently performing and would likely perform in the future under alternative development scenarios: • Mall retailers who do a better job of differentiating themselves from competitors are consolidating into fewer, high performing Class A regional malls, and an increasingly wide divide is developing between higher performing Class A malls and lower performing Class C malls of which Vallco is an excellent example. o Today’s successful malls are predominantly comprised of “specialty” retailers that need to draw customers from a broad retail trade area. o Vallco operates in a retail trade area where there is an oversupply of mall space. o Mall leasing and operation is a highly competitive business. o The accelerating rate at which Class A malls are differentiating themselves from Class B and C malls is definitive evidence that Vallco’s circumstance is not unique. o Department stores and big box retailers have consolidated within their respective categories. o Many retailers have experienced financial and operational challenges including Macy’s, Sears and JC Penney, all of which were anchors at Vallco before their closure. • Technology has changed shopping, particularly for commodity goods. Multiple retail “channels” now compete against traditional “bricks and mortar” retail. o An increasing number of retailers sell through multiple retail channels and try to create an “omnichannel” experience for the consumer. o This trend has resulted in the closure of some “bricks and mortar” retailers, while it has also provided some more nimble and responsive retailers with new opportunities to reach consumers. o These trends have particularly forced commodity retailers to operate in an ever-changing environment. This competitive environment combined with continued consolidation amongst commodity retailers means there will be fewer tenants available to fill space should Vallco be re- positioned as a so-called power center. • Retail must constantly reinvent itself to stay “fresh” and relevant to customers. o Mall operators and retailers alike must build rapport and excitement with their customers in order to create “want-based” as opposed to “need-based” specialty shopping experiences, and to retain a competitive edge. o Consumers are increasingly looking for well-designed and authentic destination retail environments where they not only can spend their free and recreational time, but where they can have a compelling “experience” while doing so. o The addition of residential and office space in a redeveloped Vallco provides greater opportunities to create a dynamic environment and greater critical mass to support an active retail component. 391 9212 Report – City of Cupertino March 2016 | Page 37 o An owner or developer with both expertise and deep financial capability is needed to execute a repositioning strategy at Vallco. Specifically, current retail trends point to Valley Fair, Santana Row and Stanford Shopping Center continuing to dominate the retail market because all evidence points to the market having determined there is no need for another regional mall serving the Cupertino trade area. b) Analysis of Alternative Development Scenarios Greensfelder evaluated the four alternative development scenarios based on the types of retail that might be supportable and attracted to Cupertino, the potential improvements that would be needed along with a high level estimate of required investment to accomplish anticipated development and its likelihood of success along with other considerations. The potential success of each of the listed scenarios is largely dependent on the market forces described in Appendix 6. Generally, the scenarios allowing Vallco to be redeveloped under the City’s Adopted General Plan are the scenarios most likely to succeed, although the amount of successful retail is expected to be significantly less than presently exists at Vallco. The scenarios requiring Vallco to operate in its present format are generally not feasible. The specific findings for each scenario are presented below and additional findings are included in the Conclusion section of Appendix 6: • Adopted General Plan– A mixed-use project with a smaller retail component has a much higher likelihood of success than preserving the existing Vallco mall in its present configuration. • Adopted General Plan With Sand Hill Proposal– Allowing for a mix of land uses on the Vallco site has the greatest likelihood of success. The Sand Hill Proposal that includes 800 residential units and 2,000,000 square feet of office space has the potential to create a dynamic environment. • General Plan With Initiative Assuming Vallco as Enhanced Mall –This scenario is not a feasible option from either a market or development perspective. Trying to preserve Vallco as it was decades ago will not attract new tenants or customers, especially customers who are drawn to vibrant, pedestrian oriented retail environments. Something substantively new and differentiated from competing projects must be created at Vallco in order to draw customer traffic. • General Plan With Initiative Assuming Vallco With 2016 Occupancy–Vallco in its present configuration is unlikely to generate the incremental income required to justify investment in a significant renovation. The most likely outcome with the Initiative is that Vallco will remain in its current state, or it will continue to decline and face closure like many similar Class C malls across the United States. Without significant investment in redevelopment, Vallco is more likely to deteriorate as opposed to improve beyond its present 2016 level of occupancy (314,000 SF retail occupied). c) Reduction of Employment The decrease in office space would have the effect of reducing potential employment in the City by 6,666 jobs, as described in Chapter II. In addition, if Vallco were to continue at its current occupancy, there would be a further loss of about 1,800 Commercial/Retail jobs for a total loss of about 8400 jobs. d) Jobs-Housing Balance The ratio of jobs to housing in the City is a measure that is used to evaluate how many jobs a City provides in comparison to housing units. Under the Adopted General Plan scenario, the number of jobs in Cupertino per 392 9212 Report – City of Cupertino March 2016 | Page 38 residential unit would be 2.22 (i.e., there would be 2.22 jobs within the City for every residential unit). The reduction in employment in Cupertino under the Initiative would reduce the jobs to housing ratio to 1.95 under the General Plan With Initiative Assuming Vallco As Enhanced Mall or 1.91 under the General Plan With Initiative Assuming Vallco with 2016 Occupancy. III.D. Infrastructure This section evaluates the Initiative’s potential impact on transportation (traffic congestion), schools, parks and open space, other public services and utility infrastructure. As noted above, one potentially substantial effect of the Initiative is that it would remove the financial incentives for a developer or property owner to voluntarily offer to enter into a Development Agreement to undertake the mixed-use development of the Vallco Shopping Center and potentially provide significant community benefits and infrastructure investments as part of the Development Agreement. To provide a basis for comparison, this section includes a discussion of the types of infrastructure improvements Sand Hill offered to provide in its September 2015 application to redevelop the Vallco Shopping Center. The analysis in this section is based on the analysis performed by David J. Powers & Associates contained in Appendix 5, which includes as attachments the September 2015 application and December 2015 Draft EIR Project Description for The Hills at Vallco. To reiterate, this Report compares the Initiative and the Sand Hill Proposal with buildout under the adopted General Plan. It is not an Environmental Impact Report (EIR) and does not compare the existing conditions with a proposed project. For example, the Sand Hill Proposal would increase traffic impacts from existing conditions due to increased development and higher levels of employees and residents. These impacts would be studied as part of an EIR. Likewise, under the General Plan With Initiative Assuming Vallco as Enhanced Mall scenario, there would be traffic increases due to the increased number of customers that higher occupancy and usage rates would bring. The nature and extent of the redevelopment and renovation activities associated with this scenario would determine the nature and extent of CEQA review required and thus the scope of the City's ability to impose measures to mitigate these impacts. By contrast, the analysis in this report focuses on the difference in General Plan build out under both scenarios, as discussed in Chapter II. 1. Transportation The City’s transportation system consists of a combination of transit, bicycle, pedestrian, roadway and freeways. In order to minimize traffic congestion, the City continues to monitor and undertake improvements in all of these transportation areas. The Initiative’s impact is thus first analyzed according to these key transportation areas. a) Transit, Bicycle, and Pedestrian Facilities New development is subject to General Plan policies that ensure adequate transit, bicycle, and pedestrian facilities are available to Cupertino residents. With or without the Initiative, new development would be subject to a Transportation Impact Analysis (TIA) that would evaluate a development’s specific transit, bicycle, and pedestrian impacts and identify necessary mitigation measures. If Vallco is redeveloped as proposed by Sand Hill under the Adopted General Plan, Sand Hill proposes to provide transit, bicycle, and pedestrian improvements in excess of those typically required as TIA mitigations, including funding for a community shuttle, designating a “Multi-Modal Transit Center,” dedicating curbside areas for commuter shuttles and replacing the existing, enclosed bridge over North Wolfe Road with a landscaped pedestrian bridge. 393 9212 Report – City of Cupertino March 2016 | Page 39 Under the General Plan With Initiative, the renovation and improvement of Vallco likely would not require a TIA or improvements to existing roads, bridges, transit, bicycle and pedestrian facilities, and no improvements would be required or made if Vallco remains in its current state. b) Roadway Infrastructure New development would be subject to General Plan policies to ensure the City’s roadway infrastructure supports existing and future development. New development would be subject to a TIA that would evaluate a development’s significant transportation impacts and identify necessary mitigation measures. New development would also be subject to the City’s Transportation Mitigation Fee Program, which would provide additional funding to support transportation improvements, once adopted. Buildout of the Adopted General Plan with or without the Initiative would result in significant congestion at intersections. However, as there would be less development citywide with the Initiative, the impacts on roadways would be less than under the Adopted General Plan. If Vallco is redeveloped as proposed by Sand Hill under the Adopted General Plan, Sand Hill offers to provide a new signalized intersection on North Wolfe Road between Vallco Parkway and the I-280 interchange, as well as modifications to the existing tunnel under North Wolfe Road to allow east-west access for emergency and service vehicles, which would not typically be required as a TIA mitigation. Under the General Plan With Initiative, the renovation and improvement of Vallco likely would not require a TIA or improvements to existing roadway infrastructure. No TIA or roadway improvements would be required or made if Vallco were to remain in its current state. c) Freeway Infrastructure As described above, new development would be subject to a TIA and the City’s Transportation Mitigation Fee Program, once adopted. Under the General Plan With Initiative, the renovation and improvement of Vallco would no t likely require a TIA or improvements to existing freeway infrastructure. No TIA or freeway infrastructure improvements would be required or made if Vallco remains in its current state. Buildout of the Adopted General Plan with or without the Initiative would result in significant impacts to freeway segments. However, as there would be less development with the Initiative, the impacts on freeways would likely be less than under the Adopted General Plan at build-out. 2. Schools All new development (residential and non-residential) is required to pay school impact fees pursuant to Senate Bill (SB) 50, and the payment of these fees provides full and complete mitigation on school facilities. No other improvements for schools are specifically required under the Adopted General Plan without or with the Initiative. While it is acknowledged that school facility improvements within existing school district campuses may occur over the buildout of the General Plan, no specific physical school improvements were identified or required as part of the General Plan buildout. Therefore, the Initiative would not affect local school district facilities directly, except that it would not allow the proposal by Sand Hill to move forward on the Vallco site and therefore would not include the school improvements that Sand Hill is offering as part of the Hills at Vallco project, such as a new elementary school and innovation center. (Please the section III.E. of this Report for a specific discussion of the proposed school improvements by Sand Hill, which would not occur with the Initiative.) 394 9212 Report – City of Cupertino March 2016 | Page 40 3. Parks/Open Space New residential development is subject to General Plan policies and the City’s Municipal Code, which requires residential developers to pay park impact fees and dedicate parkland (or pay in-lieu fees) to offset their impacts to parkland. If Vallco is redeveloped as proposed by Sand Hill under the Adopted General Plan, Sand Hill proposes to offset their development’s park needs by paying the required fees and providing private amenity space, two “town squares,” and a 30-acre green roof with publicly-accessible active and passive open spaces. Sand Hill also proposes to improve the play fields at the former Nan Allan Elementary and Collins Elementary. The Sand Hill development exceeds the City’s parkland dedication requirements. Under the General Plan With Initiative, there would be 146 fewer dwelling units developed citywide. The reduction in residential development would result in a proportional reduction in use of existing park and recreational facilities and a reduction in the need for new or expanded park and recreational facilities. The park impact fees collected by the City and the dedication of new parkland or payment of in-lieu fees would also be reduced proportionately. Under the General Plan with Initiative, renovation and improvement of Vallco would not be required to pay park impact fees, dedicate parkland or pay in-lieu fees. No fees or parkland dedication would be required if Vallco remains in its current state. 4. Other Public Facilities a) Police Services The City of Cupertino contracts with the Santa Clara County Sheriff’s office for its police services. New development would be subject to General Plan policies that ensure adequate police protection services in the City. Overall, buildout of the General Plan With Initiative would likely generate less demand for police services than under the Adopted General Plan because the Initiative would result in less development citywide. However, there could be differing needs for police services at Vallco without and with the Initiative. To determine the Initiative’s impact on the need for services at Vallco, the Sheriff’s Office analyzed calls for service and reported incidents from 2013 to present. The Sherriff’s Office analysis is contained in Appendix 8. Macy’s closed in March of 2015 and Sears in October of 2015. In any active shopping mall, theft crimes will comprise the majority of incidents, specifically shoplifting. Second to that, patrons leaving valuables in their vehicles while they shop will attract vehicle burglars, making these incidents of high frequency as well. As the occupancy of the mall decreased from 2013 – 2015, the Sheriff calls for service for the commercial burglary and petty theft decreased as well. Within the last year, Vallco has seen an uptick in vandalism incidents and the number of stolen vehicles and recovered stolen vehicles (see Figure III-1). Deputies did not recover any stolen vehicles at Vallco in 2013, but recovered one in 2014 and six in 2015/2016 (all six were recovered after the closure of Macy’s and Sears). The proximity to Interstate 280, from N. Wolfe Road, provides for a quick escape route and avenue of disassociation. As with any property, if building(s) are vacant, this creates an opportunity for differing types of activity, including arson, drug sales, and vandalism, and it may serve as an encampment space for transients. Although Vallco is not completely vacant, there has been an increase in calls for service for vandalism as the occupancy of the mall has decreased. Drug and alcohol related incidents have remained fairly consistent from 2013 to the present. Cupertino has adopted a Nuisance Abatement Ordinance, which is codified in Chapter 1.09 of its Municipal Code. If Vallco becomes vacant and deteriorates to the point of becoming a “nuisance” as defined in Section 1.09.030, the 395 9212 Report – City of Cupertino March 2016 | Page 41 City can initiate an administrative abatement action. In addition, the City has other remedies such as a civil action for abatement of a nuisance. If the Sand Hill proposal is adopted and the site is built out according to the Adopted General Plan, more activity and increased population would increase the demand for police services, while at the same time, the enhanced activity at Vallco would likely reduce vandalism and vagrancy. Figure III.1 Recent History of Crime Incidents in Vallco (2013-2015) b) Fire Services New development would be subject to the City’s Fire Code and to General Plan policies that ensure adequate fire protection in the City. Buildout of the General Plan With Initiative would have less demand for fire protection services than under the Adopted General Plan because the Initiative would result in less development citywide. However, new development would result in new buildings and the potential replacement of older buildings, which would lower the demand for fire services as the result of modern fire and building codes. c) Library Service The existing employees and library facilities in the Santa Clara County Library system are sufficient to serve the demand from the buildout of the Adopted General Plan with or without the Initiative. Buildout of the General Plan With Initiative would have less demand for library services than under the Adopted General Plan because the Initiative would result in fewer residents and employees city-wide. 5. Utilities and Service Systems a) Wastewater Treatment/Sewer System Buildout of the Adopted General Plan with or without Initiative would not exceed the design or permitted capacity of the wastewater treatment plants serving the City. Project-specific review is required when new development is proposed to determine if sufficient capacity exists and/or if improvements to the local collection system may be required as a condition of approval. 396 9212 Report – City of Cupertino March 2016 | Page 42 If Vallco is redeveloped as proposed by Sand Hill under the Adopted General Plan, preliminary analysis indicates that the Sand Hill development would require the construction of a parallel pipe to the existing sewer main in North Wolfe Road to provide adequate sewer service to the development. Downstream capacity of the sewer collection system would also need to be considered and other improvements may be necessary. Buildout of the General Plan With Initiative would have less citywide demand for sewer conveyance and treatment than under the Adopted General Plan because the Initiative would result in less development. No sewer system improvement would be required for the renovation and improvement of Vallco, or if it remains in its current state. b) Water There is sufficient water supply to serve the buildout of the Adopted General Plan with or without Initiative. New development would be subject to General Plan policies that ensure adequate water supply. If Vallco is redeveloped as proposed by Sand Hill under the Adopted General Plan, the existing water main in North Wolfe Road would be rerouted to Perimeter Road to connect to the existing water main in I-280. Sand Hill also proposes to extend the existing City of Sunnyvale recycled water infrastructure to Vallco. Redevelopment of Vallco by Sand Hill would be LEED Platinum (or equivalent), which would result in greater water efficiency and reduced water demand than assumed for the site under the Adopted General Plan. Buildout of the General Plan With Initiative would result in less water demand citywide than under the Adopted General Plan because the Initiative would result in less development citywide. Specifically at Vallco, the water efficiency of existing mall fixtures are from the water efficiency standards at the time they were constructed (mid-1970s, with tenant improvements mainly occurring in the early 1990s). It is assumed that the water efficiency of existing, occupied mall spaces would not be updated and that any renovations and improvements completed would meet current water efficiency standards. In addition, the water demand from the mall would be proportionately less if it is 26 percent occupied versus successfully occupied. c) Solid Waste New development is subject to General Plan policies that ensure adequate waste collection and disposal facilities. Construction and demolition projects (such as the redevelopment of Vallco as proposed by Sand Hill or the renovation and improvement of Vallco under the Initiative) are required to meet the City’s Construction and Demolition Recycling Diversion Requirements. Buildout of the General Plan With Initiative would result in less solid waste generation than under the Adopted General Plan because the Initiative would result in less development citywide. In addition, the solid waste generation from the mall would be proportionately less if it were 26 percent occupied verses successfully occupied. d) Energy Buildout of the City would intensify uses and development in the City; however, it would not necessarily result in greater energy demands. New development is subject to General Plan policies regarding energy efficiency and must be constructed in compliance with CalGreen, resulting in significant energy conservation and savings. If Vallco were redeveloped as proposed by Sand Hill under the Adopted General Plan, the development would be LEED Platinum (or equivalent), which would result in greater energy efficiency than currently required of new development by the City and exceed the energy efficiency assumptions for the site under buildout of the Adopted General Plan. 397 9212 Report – City of Cupertino March 2016 | Page 43 Buildout of the General Plan With Initiative would result in less demand for electricity and natural gas than under the Adopted General Plan because the Initiative would result in less development citywide. However, because the Initiative would reduce the amount of housing and office space in the City (specifically, it would not allow a mix of residential and employment uses at Vallco), the City’s overall vehicle miles traveled would increase compared to the Adopted General Plan because new housing and jobs would be located further from each other. Specifically at Vallco, the energy efficiency of existing mall buildings are from the energy efficiency standards at the time they were constructed (mid-1970s with tenant improvements in the early 1990s). It is assumed that the energy efficiency of existing, occupied mall spaces would not be updated and that any renovation and improvement completed would meet current energy efficiency standards. In addition, the energy demand of the mall would be proportionately less if it is 26 percent occupied verses successfully occupied. III.E. Infrastructure Funding As described in the prior section, the buildout of the Adopted General Plan with and without the initiative could affect transportation, schools and parks/open space, which are the main categories to be evaluated according to Election Code 9212. This section analyzes the potential impact on funding on these three types of infrastructure. As described in Section C, if the Initiative were to be adopted, it would remove a key incentive for a developer or property owner to enter into a Development Agreement to undertake the mixed-use development of the Vallco Shopping Center and potentially provide significant community benefits and infrastructure investments as part of the Development Agreement, as further described below. 1. Transportation Mitigation Measure TRAF-1 in the General Plan EIR, which was adopted by the City, identifies examples of transportation improvements that would reduce, to an acceptable level, the transportation impacts due to buildout of the General Plan, and that could be analyzed in a nexus study for a Transportation Mitigation Fee Program to fund the improvements on a fair share basis. A key future potential source of funding from new development would be generated by the City’s proposed Transportation Mitigation Fee Program, which is not yet adopted. If adopted, this program would provide funding for roadway and infrastructure improvements that would help mitigate impacts from new development. Pursuant to Mitigation Measure TRAF-1, the fees shall be assessed when there is new construction, an increase in square footage in an existing building, or the conversion of existing square footage to a more intensive use. The City shall use the transportation mitigation fees to fund construction (or to recoup fees advanced to fund construction) of the transportation improvements identified in Mitigation Measure TRAF-1, among other things that at the time of potential future development may be warranted to mitigate transportation impacts. Individual developments would need to evaluate and potentially undertake or fund transportation improvements to mitigate their project-specific impacts. Because less new development would be allowed under the Initiative, there would be less funding for transportation, but there could theoretically also be fewer traffic impacts because there would be fewer vehicle trips. If Vallco is redeveloped as proposed by Sand Hill under the Adopted General Plan, Sand Hill has offered to provide and fund a number of specific transit, bicycle and pedestrian infrastructure improvements, some of which could extend beyond what would be required by General Plan policies. None of the other development scenarios would provide funding for specific transit, bicycle or pedestrian improvements, although specific improvements could be provided as part of mitigation for new development. Sand Hill has similarly offered to provide and fund roadway improvements separate from TIA mitigations, including a new signalized intersection on N. Wolfe Road between Vallco Parkway and the I-280 interchange, as well as 398 9212 Report – City of Cupertino March 2016 | Page 44 modifications to the existing tunnel under North Wolfe Road to allow east-west access for emergency and service vehicles. No specific freeway improvements are identified or required for the buildout of the General Plan. However, new development would be subject to General Plan policies, including policy M-7.1, which requires a transportation impact analyses to evaluate a development’s significant freeway impacts and identify mitigation measures, as appropriate. 2. Schools As required by California Senate Bill 50 (SB 50), all new development, including both residential and non-residential development, is required to pay the school impact fees based on a development’s square footage.67 Generally, local schools are directly impacted by residential development in that school-age children living in the new development would attend the local public schools. Non-residential development (e.g., commercial or office development) does not directly generate residents or school-aged children. Residential and non-residential developments, however, are required to pay school impact fees. Under the Adopted General Plan, there would be 1,882 more dwelling units than currently exist. This net increase in dwelling units would generate approximately 735 new students (471 elementary school students, 132 middle school students, and 132 high school students). The Initiative would decrease the number of residential units citywide by 146 units, which would reduce the student population at buildout by 57 students, and in turn, reduce the amount of impact fees generated from new development by about $500,000 as shown in Table III.2. It would also reduce funding for schools from school impact fees from non-residential development because the Initiative eliminates 2 million square feet of office space, which would reduce impact fee revenues by about $1.1 million. A summary of the school impact fee estimates under each scenario is shown in Table III.2, below. With the school impact fees collected, the local school districts (Cupertino Union School District, Fremont Unified High School District, and Santa Clara Unified School District) can complete facility improvements, as necessary. In addition, when comparing the effects of the Initiative on school funding and infrastructure to the Adopted General Plan under the Sand Hill Proposal, the benefits to school infrastructure that would be potentially lost under the Initiative are even more significant. Under the Initiative, the City and local School Districts would not benefit from the following benefits proposed by Sand Hill, which are in addition to the payment of school impact fees as required: Cupertino Union School District • A new 700-student elementary school; • Permanent classrooms at Collins Elementary; • Improved play fields at the former Nan Allan Elementary and Collins Elementary; • Creation of a $1.0 million endowment for the 8th grade Yosemite Science Program; and • Extra parcel tax payments for the non-senior market rate apartments. Fremont Union High School District • A 10,000-square foot High School “Innovation Center” at Vallco that would be available to the High School District for rent for 34 years; and 67 Under SB 50, the payment of school impact fees provides full and complete school facilities mitigation for new development associated with the buildout of the General Plan. 399 9212 Report – City of Cupertino March 2016 | Page 45 • Pay in lieu parcel tax payments for the non-senior market rate apartments as though they were separate parcels rather than a single parcel, per current taxes and parcel taxes as authorized in the future. As mentioned above, it is important to note that the City could not legally require Sand Hill to provide the additional school facility and other benefits described above that exceed those authorized or required under State law. Moreover, at this point, Sand Hill has requested that the City cease processing its proposed application (in light of the Initiative), and thus there is no guarantee that the proposal would even come before the City Council in its current form for possible consideration and approval. Likewise, it is impossible at this point to know whether the City Council would approve this proposal. Nevertheless, this proposal does illustrate the type of proposal that is contemplated and even encouraged under the current General Plan, and which would be prohibited by the Initiative. Likewise, the adopted General Plan specifically encourages redevelopment of the Vallco site by a “master developer,” which is the mechanism most likely to incentivize the use of the type of “development agreement” authorized by State law that frequently includes community benefits well in excess of what can be legally required. By contrast, the Initiative deletes the provisions calling for a master developer and deletes the provisions calling for complete redevelopment of the Vallco site. 400 9212 Report – City of Cupertino March 2016 | Page 46 Table III.2 School Funding and Infrastructure 3. Parks/Open Space Buildout of the General Plan would increase the current population by 5,533 people, which would require the creation of 5.5 acres of parkland according to the adopted General Plan. The City’s parkland goals are based upon the number of residents. No specific parkland or recreational facility improvements were identified as part of the buildout of the General Plan. However, new residential development, including redevelopment and/or renovation of existing sites that provides net new units, would need to dedicate parkland or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands. Compared to the Adopted General Plan scenarios, the General Plan with Initiative would result in 146 fewer housing units and 2.0 million fewer square feet of office development citywide. This reduction in allowable development will result in a proportional reduction in the need for new or expanded park and recreational facilities. Accordingly, the park impact fees collected by the City from new development and/or the dedication of new parkland would also be reduced proportionately. As shown in Table III.3, the estimated reduction in park funding with the Initiative is $3.2 million. However, the number of future residents from the net increase in potential development with the Initiative is correspondingly less. Without Initiative With Initiative Assumptions a Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Increase/ (Decrease) With Initiative Students from Net Increase in Potential Development 735 735 678 678 (57) Net Increase in Potential Development See New Residential (Sq.Ft.)Appendix 7 2,258,400 2,258,400 2,083,200 2,083,200 (175,200) New Non-Residential (Sq.Ft.)Table 1 3,509,243 3,509,243 1,509,243 1,509,243 (2,000,000) Development Impact Fee (Maximum Fees) New Residential $3.36 /sq.ft.$7,590,000 $7,590,000 $7,000,000 $7,000,000 (590,000) New Non-Residential $0.54 /sq.ft.$1,890,000 $1,890,000 $810,000 $810,000 (1,080,000) Total Development Impact Fee $9,480,000 $9,480,000 $7,810,000 $7,810,000 (1,670,000) Cupertino Unified School District (CUSD) Share 60% Total Development Impact Fee to CUSD $5,680,000 $5,680,000 $4,690,000 $4,690,000 (990,000) Fremont Union High School District (FUHSD) Share 40% Total Development Impact Fee to FUHSD $3,800,000 $3,800,000 $3,130,000 $3,130,000 (670,000) Additional Infrastructure Benefits N/A See below*N/A N/A *Additional infrastructure benefits under "Adopted General Plan With 2015 Sand Hill Proposal" includes: • A new 700-student elementary school; • Permanent classrooms at Collins Elementary; • Improved play fields at the former Nan Allan Elementary and Collins Elementary; • Creation of a $1.0-million endowment for the 8th grade Yosemite Science Program; • A 10,000-square foot High School “Innovation Center” at Vallco; and • Extra parcel tax payments for the non-senior market rate apartments. Note: Projected fees rounded to the nearest ten thousand. Numbers may not add up precisely due to rounding. a. Development impact fee revenues are calculated based on net increase in potential development, as shown in Appendix 7, Table 1. Source: Cupertino Unified School District, Fremont Union High School District, Seifel Consulting Inc. 401 9212 Report – City of Cupertino March 2016 | Page 47 Under the Adopted General Plan without the Initiative, Sand Hill is proposing to provide and fund the following park facilities: Park/Open Space • Two “town squares” that would have programmable green space for community events and activities; and • A 30-acre green roof with publicly accessible active and passive open spaces. The Initiative would thus result in reduced funding for park facilities from both park fees, and the City would not benefit from the potential provision and funding of additional park facilities at Vallco by Sand Hill. The provision of park and open space facilities is typically of greater benefit to the City than payment of fees, because facilities are built sooner because fees are collected over time and then facilities are subsequently designed and built by the City. Table III.3 Park Impact Summary Without Initiative With Initiative Assumptions a Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Increase/ (Decrease) With Initiative Net Increase in Potential Development New Residential (unit)See Appendix 7 Table 1 1,882 1,882 1,736 1,736 (146) Residents Added See XX 5,533 5,533 5,104 5,104 (429) Park Dedication In-Lieu Feeb Residential $21,600 per unit average $40,650,000 $40,650,000 $37,500,000 $37,500,000 ($3,150,000) Additional Infrastructure Benefits N/A See below*N/A N/A *Additional infrastructure benefits under "Adopted General Plan With 2015 Sand Hill Proposal" includes: • 33-acre green roof parkland/open space is approximately 20 acres greater than General Plan requirement of 13 acres. Note: Figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding. Note: These fees are subject to change based on appraised value of land in the City of Cupertino. a. Development impact fee revenues are calculated based on net increase in potential development, as shown in Appendix 7, Table 1. b. Per City's estimates based on the following fee schedule. Not applicable to non-residential development. Fee Schedule for Park Dedication In-Lieu Fee $42,000 per unit of residential development with density of 0-5 units per acre $24,000 per unit of residential development with density of 5-20 units per acre $21,600 per unit of residential development with density of 20+ units per acre $21,600 per unit of residential development with density of 10+ units per acre $12,000 per unit of elderly housing development Source: City of Cupertino, Seifel Consulting Inc. 402 9212 Report – City of Cupertino March 2016 | Page 48 4. Affordable Housing While affordable housing is not infrastructure, the City has significant affordable housing needs, as described in the General Plan. Table III.4 summarizes the potential revenue to the City from the Housing Mitigation Fee, which would help fund affordable housing. The loss is a result of the decrease in the number of housing units as well as the loss of commercial space. Table III.4 Housing Mitigation Fee Revenue Without Initiative With Initiative Assumptions a Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Increase/ (Decrease) With Initiativeb Housing Mitigation Fee c Residential (Market Rate)$24,000 per unit average $42,432,000 $41,952,000 $39,576,000 $39,576,000 ($2,856,000) Non-Residential Office $20.00 per sq.ft. of Office $51,080,000 $51,080,000 $11,080,000 $11,080,000 ($40,000,000) Retail/Commercial $10.00 per sq.ft. of Retail/Commercial $7,990,000 $7,990,000 $7,990,000 $7,990,000 $0 Hotel $10.00 per sq.ft. of Hotel $1,570,000 $1,570,000 $1,570,000 $1,570,000 $0 Subtotal-Non-Residential $60,640,000 $60,640,000 $20,640,000 $20,640,000 ($40,000,000) Total All Land Uses $103,072,000 $102,592,000 $60,216,000 $60,216,000 ($42,856,000) Note: Figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding. a. Development impact fee revenues are calculated based on net increase in potential development, as shown in Appendix 7, Table 1. b. Represents the increase (or decrease) from the "Adopted General Plan" scenario to the "General Plan With Initiative Assuming Vallco As Viable Mall" scenario. c. Per City's estimates based on the following fee schedule. Not applicable to non-residential development. Fee Schedule for Housing Mitigation Fee Residential (Ownership) Units: $15.00 per sq.ft. of Detached Single Family Residence $16.50 per sq.ft. of Small Lot Single Family Residence or Townhome $20.00 per sq.ft. of Multi-family Attached Townhome, Apartment, or Condo Residential (Rental) Units: $20.00 per sq.ft. of Multi-family Attached Townhome, Apartment, or Condominium (up to 35 du/ac) $25 per sq.ft. of Multi-family Attached Townhome, Apartment, or Condominium (over 35 du/ac) Source: City of Cupertino, Seifel Consulting Inc. 403 9212 Report – City of Cupertino March 2016 | Page 49 5. Summary of Infrastructure Funding Findings Overall, the Initiative would have a negative impact on the funding and the potential provision of infrastructure for transportation, schools and parks in the City. However, the impacts on infrastructure from future development would also be less under the Initiative, due to the reduced level of allowable development at build-out that results in a corresponding decrease in future residents and employees. (See Table III.5.) Table III.5 Infrastructure Funding Summary Without Initiative School Impact Fees Cupertino Unified School District Fremont Union High School District Subtotal Park Dedication In-Lieu Fee Residential Housing Mitigation Fee Without Initiative With Initiative Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Increase/ (Decrease) With Initiative $5,680,000 $5,680,000 $4,690,000 $4,690,000 ($990,000) $3,800,000 $3,800,000 $3,130,000 $3,130,000 ($670,000) $9,480,000 $9,480,000 $7,820,000 $7,820,000 ($1,660,000) $40,650,000 $40,650,000 $37,500,000 $37,500,000 ($3,150,000) All Land Uses Total Impact Fee Revenues Note: Figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding. Source: City of Cupertino, Seifel Consulting Inc. $103,072,000 $102,592,000 $60,216,000 $60,216,000 ($42,856,000) $153,202,000 $152,722,000 $105,536,000 $105,536,000 ($47,666,000) Note: Figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding. Source: City of Cupertino, Seifel Consulting Inc. 404 9212 Report – City of Cupertino March 2016 | Page 50 III.F. Fiscal According to the City’s FY 2015/16 budget, the City generates about $68 million in General Fund revenues. The General Fund pays for basic services such as public safety, public works, planning and development, park maintenance, code enforcement, and the administrative services required to support them. As shown in Figure III.2, more than half of the City’s revenues are generated from sales tax (30 percent of total) and property tax (24 percent). Figure III.2 Distribution of City’s Fiscal Revenues The City’s General Fund revenue is projected to increase as new development occurs, and the Net Increase in Potential Development is the difference between what is Current Built/Approved and Development Buildout.68 The fiscal analysis evaluates the potential difference in fiscal revenues that would be generated from the Net Increase in Potential Development from each scenario. (Please refer to Appendix 7 for the detailed tables accompanying the fiscal analysis, which includes the supporting calculations for the projections of new development.) The fiscal revenue projections and assumptions and methodology for projections are further described in the following section.69 68 Refer back to Section II.B for further detail on these definitions. 69 While Seifel has made extensive efforts to substantiate this information, Seifel does not guarantee the accuracy of third party data and assumes no responsibility for inaccuracies in the provided information or analysis. Any estimated revenue projections are based on the best available project-specific data as well as the experiences of similar projects. They are not intended to be projections of the future for the specific project, and no warranty or representation is made that any of the estimates or projections will actually materialize. Sales Tax 30% Property Tax 24% TOT 7% Utility Tax 5% Licenses & Permits 9% Other General Fund Revenues 25% 405 9212 Report – City of Cupertino March 2016 | Page 51 1. Sales Tax Sales Tax revenues are based on taxable sales of goods and services either to retail consumers or other businesses that occur in Cupertino. The City’s tax revenues are generated from four principal economic categories: business-to- business, 71.8% (includes electronic equipment and software manufacturers and distributors); general retail, 9.3%; food products, 8.6%; and construction, 5.9%. Sales tax is an excise tax imposed on retailers for the privilege of selling tangible personal property. The Use Tax is an excise tax imposed on a person for the storage, use, or other consumption of tangible personal property purchased from any retailer. The proceeds of sales and use taxes imposed within the boundaries of Cupertino are distributed by the State to various agencies, with the City of Cupertino receiving one percent (1%) of the collected revenue. The projection of future sales tax revenues from new development under each scenario is based on 1% of taxable sales attributable to the Net Increase in Potential Development for Commercial/Retail uses and Office uses. a) Sales Tax from Retail Consumers Sales tax is typically generated by consumers shopping at local retail establishments. While all scenarios have the same potential amount of allowable Commercial/Retail space city wide, the amount of retail sales tax would vary depending on the performance and occupancy of the retail establishments. As described in Section III.C, under the Adopted General Plan, Vallco would be redeveloped as a mixed-use development, which has a much higher likelihood of success than what would occur under the General Plan With Initiative, according to Greensfelder. As of December 2014, the occupancy at Vallco was about 66%. With the closure of all three department stores, the current occupancy is about 26%. With the Initiative, if Vallco were to be occupied at this occupancy level after J.C. Penny closes, this will significantly reduce the amount of square feet that is producing sales tax at Vallco, particularly as a substantial portion of the remaining square footage is used for entertainment and fitness uses that historically do not generate much sales tax. This will in turn decrease the potential retail sales tax generation for the City. Based on consultation with Greensfelder, a 92% occupancy rate is considered to be a fair occupancy assumption for retail development across the City. This level of occupancy would be expected for a successful mall, so it is used in the analysis, with the caveat that this level of occupancy is not likely attainable with a preserved Vallco given all of the considerations discussed in the Greensfelder analysis and historical retail sales performance. As indicated in the Greensfelder analysis presented in Section III C, Vallco has significantly underperformed relative to its two nearest competitive regional malls. Both within a 20-minute drive from Vallco, the Westfield Valley Fair Mall (Valley Fair) in Santa Clara and the Stanford Shopping Center in Palo Alto are the Vallco Shopping District’s most immediate mall competitors. The historical poor performance of Vallco in comparison with these nearby malls is shown clearly by historical reports of taxable sales volumes, using retail sales tax data from MuniServices. Figure III.3 shows taxable sales volume of these three malls from 2006-2015, which reflects sales before and during the most recent economic recession. In addition to their close geographic proximity, the three malls are also similar in 406 9212 Report – City of Cupertino March 2016 | Page 52 size: Vallco is 1.2 million sq. ft., Valley Fair is 1.48 million sq. ft.70 and Stanford Shopping Center is 1.36 million sq. ft.71 According to these square footages, while Stanford Shopping Center is only 14% larger than Vallco, it brings in more than six times the taxable sales volume of Vallco. Valley Fair, only 23% larger than Vallco, brings in more than five times the taxable sales volume of Vallco. The Stanford Shopping Center shows slightly decreasing sales over the past two years, but its sales volume remains substantially higher than Vallco. Due to the imminent closure of JC Penney’s in addition to the closures of Sear’s and Macy’s, Vallco’s sales are anticipated to continue to decline, projected at about 60 percent of 2014 levels during next fiscal year based on reduced occupancy and the fact that about half of the remaining uses are entertainment and fitness uses that do not generate significant taxable sales. Figure III.3 Historical Trend of Taxable Sales of Comparable Shopping Centers (In 2015 Constant Dollars) The City’s overall sales tax performance has been influenced by the decline of retail sales from Vallco. Figure III.4 provides an historical perspective on Cupertino’s taxable retail sales from 2006-2015, comparing sales revenues from key retail categories at Vallco to other retail stores in the remainder of the City. While taxable sales from retail stores in the remainder of the City have increased since 2013, Vallco has shown a consistent decline. 70 Gross leasable area. <http://www.westfieldcorp.com/centre/westfield-valley-fair/> Retrieved 2016-03-21. 71 Gross leasable area. <http://business.simon.com/leasing/stanford-shopping-center> Retrieved 2016-03-21. $0 $100 $200 $300 $400 $500 $600 $700 $800 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Ta x a b l e S a l e s Mi l l i o n s Vallco - Retail Valley Fair Mall Stanford Shopping Center 407 9212 Report – City of Cupertino March 2016 | Page 53 Figure III.4 Historical Trend of Taxable Retail Sales in City of Cupertino (in Constant 2015 Dollars) Retail sales tax data from MuniServices was also used to estimate the taxable retail sales per square foot for Vallco and for other retail locations citywide as of the end of December 2014, when the General Plan was amended. These estimates are used in order to evaluate the likely changes in sales tax revenues to the City under the various development scenarios, as shown in Appendix 7, Table 2.72 This analysis evaluates the potential differences in taxable retail sales from Vallco, as well as the additional retail sales that could be generated by new development in other parts of the City through development buildout under the Adopted General Plan and the General Plan With Initiative. b) Business-to-Business Sales Tax Business-to-business (or B-to-B) sales tax revenue is generated from sales activity between companies (rather than between a company and individual consumers) for goods and services. Historically, B-to-B transactions have generated a high proportion of the City’s sales tax revenue. This sales tax revenue currently constitutes about 72 percent of the City’s total sales tax revenue compared to 17 percent statewide. Recent B-to-B sales tax revenues from MuniServices along with data on existing office space was analyzed in order to estimate typical B-to-B sales for Office space in Cupertino. Based on information provided by City staff and MuniServices, the average B-to-B sales tax generation from Office space citywide is about $0.40 per square foot, as shown in Appendix 7, Table 3. While B-to-B sales tax revenue from office space for this site is estimated to be significant based on the above analysis, future B-to-B sales tax generation would depend on the type of business 72 Historical data on taxable retail sales was reviewed for Vallco and other establishments throughout the City. The estimates used in the analysis are based on actual performance from 2014, adjusted as necessary to appropriately reflect each retail area and scenario. Taxable sales at Vallco in 2014 were used alongside occupancy data of the mall to estimate the average retail sales per square foot of occupied space. This data was adjusted downward by 40% for the General Plan with Initiative Assuming Vallco with 2016 Occupancy because a substantial portion of currently occupied space is for entertainment and fitness uses. The same type of analysis was done for the areas located outside of Vallco. $0 $100 $200 $300 $400 $500 $600 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Ta x a b l e S a l e s Mi l l i o n s Fiscal Year Ending Remainder of City (Retail) Vallco - All Other Retail Vallco - Misc Retail Vallco - Apparel Stores Vallco - Restaurant 408 9212 Report – City of Cupertino March 2016 | Page 54 activity that could potentially occur on this site. As a result, actual B-to-B sales tax generation could be significantly higher or lower than what is estimated. The Initiative reduces total office space citywide by 2 million square feet, which decreases the City’s opportunity to generate B-to-B sales taxes and would likely reduce a significant revenue stream for the City’s budget. c) Overall Sale Tax Revenue Generation With the Initiative, the projected annual sales tax revenues to the City would be lower than under the Adopted General Plan. Revenues would be lowest under the General Plan With Initiative Assuming Vallco with 2016 Occupancy. 2. Property Tax Under current law, property is assessed at actual full cash value with the maximum levy being 1% of the assessed valuation. The City of Cupertino receives 5.6% of the basic 1% property tax revenues on average, and new development will generate additional property tax revenue from growth in assessed value multiplied by the City’s tax rate. For this analysis, the incremental growth in assessed value from new development is estimated by land use category, as presented in Appendix 7 Table 4:73 • The incremental growth in assessed value from residential is estimated to be $560,000 per unit for a typical residential development. Because there are fewer residential units under the General Plan With Initiative, the estimated assessed value and commensurate annual property tax revenues are lower under the two General Plan With Initiative scenarios. • This analysis does not reflect growth or reductions in assessed value at commercial/retail space at Vallco, although it could likely increase or decrease under different development scenarios. Assessed value would most likely increase under Adopted General Plan With 2015 Sand Hill Proposal due to substantial redevelopment and infill of the property. However, as 550,000 square feet of allowable retail could relocate citywide under this scenario, assessed value from this new space is projected to increase assessed value citywide, along with the additional retail allowed to be built through General Plan buildout. • The incremental growth in assessed value from office is estimated at $520 per sq.ft., inclusive of personal property. Because there is 2 million sq.ft. less office space under the Initiative, the estimated assessed value and commensurate annual property tax revenues are lower under the two General Plan With Initiative scenarios. • The incremental growth in assessed value from hotel is estimated based on $300,000/room. Because the number of hotel rooms does not vary with or without the Initiative, the estimated assessed value and commensurate annual property tax revenues are the same in all scenarios. Under the General Plan With Initiative, projected annual property tax revenues to the City overall would be lower than under the Adopted General Plan scenarios. The annual property tax revenues estimated at buildout are shown by development scenario in Appendix 7 Table 4. 3. Transient Occupancy Tax New hotel developments would generate Transient Occupancy Tax (TOT) revenues based on the City’s current 12 percent TOT rate on hotel and motel room revenues. Seven percent of the General Fund is generated by transient occupancy tax (TOT). Together with Sales and Property taxes, these revenues comprise 61% of the General Fund. 73 Incremental growth in assessed value is based on the difference between the value of potential new development and the existing value of the site, based on recent market values for land in Cupertino. For more detail, please refer to Appendix 7 Table 4 409 9212 Report – City of Cupertino March 2016 | Page 55 This analysis assumes the average daily room rate of $215 and an occupancy rate of 80% based on the City’s TOT data. 4. Utility User Tax and Other Revenues Cupertino charges a Utility User Tax (UUT) on gas, electricity and telecommunication services provided within the City’s jurisdiction at a rate of 2.4% of billed charges. Revenues generated from this tax can be used for general City purposes. Revenue from UUT has been declining or flat in recent years despite major development in the City. This is primarily due to lower electricity usage resulting from large investments in solar and other energy generation infrastructure. Since new development is meeting increasing energy-efficiency standards, future development is likely to decrease rather than increase city revenues. For this reason, and because UUT comprises less than 5% of the 2015/16 budget, this revenue category is not analyzed in the Report. A variety of other, smaller revenue sources contribute the remainder of General Fund revenues. In consultation with City staff, no other revenues are projected in this analysis because they correlate less specifically with new development, are dedicated funds for a particular service or function (like planning fees) or comprise very small portions of the 2015/16 budget. 5. Summary of Fiscal Impact As shown in Table III.6 below, the Initiative would have the effect of reducing revenues to the City’s General Fund, primarily due to decreases in business-to-business sales tax revenues and property tax revenues related to the loss of office space. 410 9212 Report – City of Cupertino March 2016 | Page 56 Table III.6 Summary of General Fund Annual Revenues As described in the previous sections, the reduction in allowable future development with the Initiative would likely reduce key municipal service demands at build out because there would be less residents and employees citywide. Under the scenario, General Plan With Initiative Assuming Vallco With 2016 Occupancy, the County Sheriff would need to provide a greater level of police presence to prevent crimes associated with vacant buildings and inactive areas. Under the Adopted General Plan or the General Plan With Initiative Assuming Vallco as Enhanced Mall, the County Sheriff would need to provide a higher level of police presence at Vallco as would be needed with an active retail and/or mixed use area. Based on a review of the City’s budget and the recent fiscal impact analysis done for the Apple Campus,74 as well as discussions with City staff, the net fiscal impact (fiscal revenues compared to fiscal costs) under the Adopted General Plan would likely be higher than the net fiscal impact under the General Plan With Initiative for the following reasons: • The fiscal revenues that the City would receive from the 2 million square feet of office space at Vallco would likely exceed the City’s service costs because the types of businesses that occupy new office space in Cupertino generate significant revenues from B-to-B sales and property taxes as compared to other land uses. 74 Economic and Fiscal Impacts Generated by Apple in Cupertino – Current Facilities and Apple Campus 2, Keyser Marston Associates, May 2013. Without InitiativeWithout Initiative With Initiative Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Net Increase in General Fund (GF) Annual Revenues Sales Tax From Retail Space a From Business-to-Business (B-to-B) Transactions b Sales Tax Subtotal Property Taxc Transient Occupancy Tax (TOT)d Net Increase in General Fund (GF) Annual Revenues $1,750,000 $2,650,000 $1,480,000 $340,000 $1,020,000 $1,020,000 $220,000 $220,000 $2,770,000 $3,670,000 $1,700,000 $560,000 $1,580,000 $1,730,000 $960,000 $960,000 $2,360,000 $2,360,000 $2,360,000 $2,360,000 Total Net Increase in GF Revenues Comparison of Fiscal Impact of Various Scenarios to Adopted General Plan Difference in GF Revenues a. See Appendix 7, Table 2. b. See Appendix 7, Table 3. c. See Appendix 7, Table 4. d. See Appendix 7, Table 5. Source: City of Cupertino, Seifel Consulting Inc. $6,710,000 $7,760,000 $5,020,000 $3,880,000 Comparison of Fiscal Impact of Various Scenarios to Adopted General Plan N/A $1,050,000 ($1,690,000)($2,830,000) 411 9212 Report – City of Cupertino March 2016 | Page 57 • Under the Adopted General Plan, the retail at Vallco is much more likely to be successful and generate a higher level of taxable retail sales per square foot, which would result in a higher ratio of fiscal revenues compared to fiscal costs. • The 146 unit difference in residential development would not likely change the City’s fiscal costs, as the number of housing units citywide would only decrease by 0.6%, which would not significantly change the cost of City services to residential units. • The City would need to pay for the continued cost of potential stand-alone or consolidated elections, which would range from approximately $106,000 to $431,000 for each election in direct election related costs, plus the City’s staff time to conduct the election. In addition, the City Council could decide to order preparation of a report under Elections Code section 9212. The precise costs of a 9212 report depend on the nature of the initiative but could cost about $150,000 per report based on recent experience. • The City would likely incur greater City Attorney and outside counsel costs in order to interpret and potentially implement this proposed Initiative, as well as any future Initiatives that might occur as the result of this Initiative. 412 9212 Report – City of Cupertino March 2016 | Page 58 IV. Conclusion The proposed Initiative would significantly reduce the development capacity currently allowed under the City’s approved General Plan – specifically removing 2 million square feet of office space and 389 residential units at Vallco. While the Initiative reallocates 243 of the housing units to other areas, the result is 146 less units citywide. With Vallco’s reduced development capacity, height limits, and restrictions on future development, the City would not be able to move forward with the current proposed project, and it is unlikely that a developer would undertake the revitalization of Vallco, as envisioned in the General Plan. In other parts of the City, the Initiative’s changes would be contrary to several of the General Plan’s stated goals. For example, in the City’s Neighborhoods “where future changes are expected to be minimal,” the Initiative would allow height increase from 30 feet to 45 feet (a 50% increase). As Neighborhoods comprise about three-quarters of the City’s land area, this could have a dramatic effect on the City’s development patterns. In several ways, the Initiative restricts the City’s ability to make changes to building and urban design standards without voter approval. In general, the Initiative locks into place development and building standards for maximum building height and density, maximum lot coverage, building plane, and minimum setbacks throughout the City. Changes would require voter approval for any increase in the specified maximum (or decrease in the specified minimum) standards, “other than those mandated by state law.” This would restrict the City’s capacity to undertake development as envisioned in the adopted General Plan. In addition, it would potentially inhibit developers’ desire to enter into development agreements and propose community benefits in return for certainty of applicable development standards, as is currently offered by the owner of Vallco. Regarding the delivery of market-rate and affordable housing, the Initiative impacts the availability of land and the location of housing. Affordable housing, which has proven very difficult for the City to build in recent years due to the high cost of construction and limited availability of land, would not get built on the Vallco site as currently offered by the master developer at Vallco. Sand Hill has proposed the construction of 80 affordable units at Vallco, 10% of the residential units that would be built on-site. The City of Cupertino has the stated goals of attracting and retaining businesses. By eliminating 2 million square feet of office space, the Initiative constrains the City’s ability to attract and retain growing companies given a limited supply of office space coupled with competition for space from existing businesses and would reduce future job opportunities. Vallco has been declining for a number of years, due to both consumer trends and the position of the mall in a very competitive retail trade area with strong alternatives for shoppers. Vallco in its present configuration is unlikely to generate the incremental income required to justify investment in a significant renovation. The most likely outcome with the Initiative is that Vallco will remain in its current, largely vacant state, or it will continue to decline and face closure like many similar Class C malls across the United States. Something substantively new and differentiated from its competitors must be created at Vallco in order to draw customer traffic, but the Initiative would prevent the revitalization of Vallco as a new pedestrian oriented, mixed-use “town center,” which has the greatest likelihood of success given today’s competitive retail environment. As compared to the Adopted General Plan, buildout of the General Plan with the Initiative is expected to reduce the overall demand on city services as there will be fewer residents and employees citywide. While reducing the demand on city services and public infrastructure, the reduction of development buildout also reduces the collection of 413 9212 Report – City of Cupertino March 2016 | Page 59 development impact fees, which can be used to help fund infrastructure. Additionally, the City and local School Districts would not receive the community benefits proposed by Sand Hill as part of the Vallco development, including a new 700-student elementary school, permanent classrooms, a high school “Innovation Center,” new parks and open space, and new transit, bicycle, pedestrian and road improvements. The Initiative would have the effect of reducing revenues to the City’s General Fund, primarily due to decreases in business-to-business sales tax revenues and property tax revenues related to the loss of office space. In addition, the continued decline of Vallco would negatively affect the generation of retail sales in Cupertino, which is an important component of the City’s budget. Based on a review of the City’s budget and the recent fiscal impact analysis done for the Apple Campus, as well as discussions with City staff, the net fiscal impact (fiscal revenues compared to fiscal costs) under the Adopted General Plan would likely be higher than the net fiscal impact under the General Plan With Initiative for the reasons discussed above. In conclusion, this Report analyzes the topics described in Election Code section 9212 and finds that the Initiative, if adopted by the voters or the City Council, would have significant effects on the City of Cupertino in almost all of the topic areas described in section 9212. 414 9212 Report – City of Cupertino March 2016 | Page 60 Appendices 1. Text of Proposed Initiative, City Attorney’s official Title and Summary, and Notice of Intent to Circulate Petition 2. Section-by-Section Description and Summary of Initiative 3. California Elections Code, Section 9212 4. City Council Resolution (authorizing this Report) 5. DJPA Environmental Analysis 6. Greensfelder Retail Analysis 7. Fiscal Analysis Tables 8. Santa Clara County Office of the Sheriff Analysis 415 9212 Report – City of Cupertino March 2016 | Appendix 1 Appendix 1 Appendix 1A: Text of Proposed Initiative Appendix 1B: City Attorney’s official Title and Summary Appendix 1C: Notice of Intent to Circulate Petition APP-001416 CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE A MEASURE AMENDING THE CUPERTINO GENERAL PLAN TO ENSURE BALANCED AND SENSIBLE GROWTH BY MAINTAINING CITYWIDE LIMITS ON THE INTENSITY OF NEW DEVELOPMENT, PRESERVING AND ENHANCING THE VALLCO SHOPPING DISTRICT FOR RETAIL, HOTEL , DINING AND ENTERTAINMENT COMMERCIAL USES ONLY AND REQUIRING A VOTE OF THE PEOPLE TO MODIFY THOSE LIMITS AND USES. THE PEOPLE OF THE CITY OF CUPERTINO DO ORDAIN AS FOLLOWS : PART I. TITLE This measure shall be called the CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE PART II. FINDINGS The people of Cupertino hereby find that: A The City of Cupertino needs binding standards to guide new development within the City. B . Cupertino's citizens wish to maintain control over the long-term direction of that development. C. The City needs to develop in a moderate and controlled way that provides the housing, shopping, jobs, infrastructure, and amenities that will serve the best interests of City residents while avoiding overdevelopment and its associated traffic and other impacts. D. The long-term direction provided by the City's General Plan must be implemented through its specific plans and zoning ordinance without being subject to change due to pressure from the profit-driven proponents of specific projects. E. The City must protect the development density and intensity standards set by the General Plan through limits on heights, setbacks and building planes to prevent distortion of the desirable characteristics of the City through the influence of developers and other outside interests . F . The availability of sufficient retail commercial space is essential to the wellbeing of the City, its current and future residents, and its workers . PART III. PURPOSE This initiative measure (the "Initiative") has three purposes . If approved by the voters of Cupertino and enacted, it will ( 1) control the intensity of new development by setting general citywide limits on building heights, setbacks, building planes and lot coverage in Cupertino that will provide long-term direction, (2) preserve and enhance the Vallco Shopping District for 1 Appendix 1A APP-002417 retail, hotel, dining and entertainment commercial uses and (3) require that changes or exceptions to those limits and uses be presented to and approved by the voters of Cupertino. Under this Initiative, the General Plan (Community Vision 2015-2040)-hereinafter referred to as "General Plan," specific plans and conceptual plans , and zoning ordinance would be enforced and not amended on an ad hoc basis to suit individual development projects. The standards in this Initiative are intended to strengthen these plans to protect Cupertino's vibrant mixed use atmosphere, schools, and streetscapes, to limit traffic and congestion, and to promote public safety. PART IV. GENERAL PLAN AMENDMENT The General Plan is hereby amended by enacting or reenacting segments of that general plan as follows: Note: All numbering of sections, policies, strategies, tables, and figures herein follows that of the General Plan as amended on October 20, 2015. Following the adoption of the Initiative, the General Plan's sections, policies, strategies, tables, and figures, and all internal references thereto, shall be renumbered in a logical order, and tables and figures shall be modified to conform to the Initiative's changes to the General Plan's text, as specified herein. Section 1. Chapter 1 -Introduction a. The last paragraph of the Section entitled "Purpose of Community Vision 2040" as of October 20, 2015, is amended as follows: Due to the breadth of topics covered in Community Vision 2040, conflicts between mutually- desirable goals are inevitable. For instance, increased automobile mobility may conflict with a safe, walkable community. This document reconciles these conflicts in the interest of building a cohesive community by placing a priority upon maintaining the well-being of Cupertino residents. Per State law, every goal and policy in this plan has equal weight. The City recognizes that the interests of residents of a particular street or neighborhood may need to be balanced ·.vith the overall needs and potentially greater goal of building a community. These are Harmonization of possible conflicts between goals and policies in this plan shall be guided by an understanding that the General Plan reflects conscious choices that the City makes in the interest of building community and protecting its residents . That harmonization shall also recognize that changes made through this Initiative are intended to modify and supersede any section, policy, strategy, table, or diagram that might otherwise conflict with the amendments being made by this Initiative, and the General Plan shall be conformed accordingly. b. A new paragraph is added to the Section entitled "Purpose of Community Vision 2040" as of October 20, 2015 as follows: Portions of the General Plan were enacted or reenacted in 2016 by a voter initiative. A copy of that initiative shall be appended to the General Plan as an appendix unless or until that 2 APP-003418 requirement is changed or rescinded by the voters. It is the intent of the voters of Cupertino that, in interpreting and harmonizing the provisions of the General Plan, priority be given to ensuring that the provisions enacted or reenacted by the 2016 voter initiative be followed and implemented to the fullest extent possible. Section 2. Chapter 2-Planning Areas a. The Section "Vision" for the Valko Shopping District Special Area is amended as follows: The Vallco Shopping District will continue to function as a major regional and community destination. The City envisions this area as a new mixed use "tovm center" and gateway for Cupertino providing a unique and memorable shopping, dining and entertainment experience with appropriate bicycle and pedestrian-friendly access. It Vfill include an interconnected street grid network of bicycle and pedestrian friendly streets, mMore pedestrian-oriented buildings with active uses may line lining Stevens Creek Boulevard and Wolfe Road,--and with publicly- accessible parks and plazas that support the pedestrian-oriented feel of the revitalized area. New development in the Vallco Shopping District should must be required to provide buffers between to protect adjacent single-family neighborhoods in the form of boundary walls , setbacks, landscaping or building transitions. Section 3. Chapter 3 -Land Use and Community Design Element a. The Section "Context" is amended as follows: The first paragraph of the subsection "Economic Vitality" is amended as follows: Cupertino is fortunate in its location in the heart of Silicon Valley . Despite its mostly suburban characteristics to the west and south, the city is home to a number of small , medium and large software, technology and biomedical companies. The General Plan includes more office gro'.vth recognizes the need to retain balanced growth to support &-strong fiscal revenues and a stable tax base. In particular, policies focus on retaining and increasing the number of small, medium and major businesses in key sectors and provide flexible space for innovative startups that need non- traditional office environment. Policies for commercial areas seek to revitalize the Vallco Shopping District, and enhance commercial centers and neighborhood centers, which contribute to the City's tax base and serve community needs. Table LU-1: "CITYWIDE DEVELOPMENT ALLOCATION BETWEEN 2014-2040" is amended by the additions and strikeouts shown below. 3 APP-004419 TABLE LU-1 Cl IDE DEVELOPMENT ALLOCATION BETWEEN 2014-2040 CommQrcial (s.f .) Offic:o (s.f .) HotGI (rooms) R-1dantlal (units) Cor«int Buildout Availabkl CurrGnt Buildout AvaoUJiblq Curront Buildout Avaii..bkt Current B011dout I AY11ilabkl Built Built Built Suitt ~-,o,.·-. .. IPoo< HI, :l01.t! Ile< , .. 101 .. !Doc tll.JO« 1-1.t.ert of t hC> 1 ,8 98* 552· 1 ,151 .730 2,145.000 791.270 2 .44 7 .500 2 .464.613 17.1t3 4G4 526 122 l .336 ~ ~ C~y Vallco Shoppng 1 ,207.774 1 .207.774 ?.eee.eee 2 .QQQ .QQQ 148 139 191 l99-399- Oistr-ic:t""·" Hom.ste..d 291 .408 291,408 69.550 69,SSO 126 126 600 750 150 N 0.Anz• 56.708 56,708 2 ,061 .021 2 .081 .021 123 123 4 9 146 <Tl 1.304" 7 5 0 · ~ N .Valko 133.147 113.14 7 3 .069.676 3 .069.676 3 1 5 315 554 ~ -"'10- S . 0.Anz.a 352.283 352.283 tJ0,708 130.708 6 6 Bubb 444,753 444,753 Mom.•Vina . ._ 94.051 99.698 S,647 443 .140 4 56.735 13.595 828 878 so 0th...-1 44,964 1 44.9 64 119.896 1 19 .896 18.039 18,166 127 M ajor 109.935 633,053 523.118 &npk>yen 9 .47 0 .0 05· 553 .8 26 23, 14 8 * 1 ,7 36* Cityw.<U. 3 .632.065 4 ,4 30.982 798.9t7 8 ,9 16 . t79 H .479.8 90 -"'.fl&~.Q;t b 1.116 1,4 29 3 13 21.412 ~ -+;eer- • -numbers indicated by a single asteris k may be changed t h ro ugh the normal g ener al plan amendmen t p rocess. -Q i!i lfi t 111t h ~11 Qi4iiti• e _ _. R -1 lli• ·a; -tt ,· . a· •fl I! ~'9H 11!1 ;;s ,. . t"'\L.._........._:_......_ ~-~~·--~---~-~ ga ~, .. a.1· !liiil•fl•••'·'·•a..· ... -~ .. ,111.,tJ ··,;ag:;a 'lii'fi''-.. .. J;i11i! ·• 1111 -1 f 'iM5 Q •• ._.: tli'i Offi-i;.& :inQ Rii!ti diFS:ilt mfl'W';&litn5 1 g r "-"';g s;nrp -p i-r g o •nric aiiliiliiti ' I . i •.. -Ad Iii" lit' Iii. iliiaiA . &a.ii~., Dliiitil it;.iiiipf i ;i Cu '°' APP-005420 The subsection "Site and Building Design" is amended as follows: Policy LU-3.0: Community Form The maximum heights and densities for the special areas shown in the Community Form Diagram (Figure LU-1) shall not be exceeded. Outside of the Special Areas shown in Figure LU- I, building heights may not exceed 45 feet. Building height shall be measured to the highest point of the building, excluding light poles, antennae, minor mechanical boxes or roof vent protrusions which are not easily visible. A below-grade structure is not counted towards building height. For any project of over 50,000 sg. ft. of building area, maximum lot coverage shall not exceed 70%. No provision allowing additional height or density, modifying maximum lot coverage, building plane, or minimum setback to relax the standards set in this General Plan, other than those mandated by state law, shall be allowed: Figure LU-1 "Community Form Diagram" and the Land Use Map (shown below in their current form) shall be conformed to the requirements set by Policy LU-3.0, Policy LU-3.2, Policy LU-19.2 and the density changes identified in Footnotes (a) through (c) in the new Table HE 5.5 [previously Appendix B Table 5.5] as shown in Section 3 of this Part IV. 5 APP-006421 O'I F 1gurE LU -1 COMMOWTY FORM DIAGRAM I Ma,.;if!Wm Ruidom~f t>onsity Up to 35 uo;ts pe• ..er• ptt1 0~1 •! P!;Jn ~nd Use Mop 15 ut"!lts per acH fs0t11hfost comer of Homnr~itd Ro3d ;,n<} Blaney A~nueJ I Maximum Height ~· 30 f&e l,or 4Sfeel /IN!t<...,,~....,a,......_~"~ ):_ I' Stelling Gateway West of Stelling Rd M~Rittid'9"t~o.n.i\'y . -. --··· ~ ....... , .... r l ·., • ~ .. -~... • ' "-!. .. ' I I ~-·-·-/. .._, I ' ' ...:;;::.- •---.. ' ' -_J ' ---. , --.-.., ' ' I IS"°''lp.i"a.(:•Cltovl ....... \t tON*ot Momo~IHd~S\itlttntJR~I ]S...,..."ptll IKflr~<>.\ea<i...,1 of l-2'0 ~..dSt"""'9 Road! M•~H-'9itt ))f .. 1 E.ut cf St~J,ing Rd Mu lfftum ~UdeM.bf Oeftlity l$untti ~.IO'f ~AftnumM<r;,ht 451.-t North De Anza Gateway ~R"~~O-.tity '• :··. ! ~ ::o·-· "' ·-' l ~I "-· ·····-\; <·· .. · .:::::..-::---__ . . <·' --~-~. ·. ·--~-_,-·~--~~ --· 1'ffft-~ :;-"-·--·.. ~..!:.:i!i"'-"'"· ---. ' Ma-.imum fO'Htdential Density 25 u nits per Kte Mi.udrnum Heig ht 60feet M.uJl'l'\Vrn i;.,.icMt'lt ial Oen!ity 1Sor3!>~ ... v-..iur11tspe1 •ere MolliiYWm Height 45 feat. o• Y.l feet whero de-s19na.ted by hatched lin(! Mui""'m RHidentlal De nsity 2S u,.,1lS per ~to Maidmurn Height 4Sfeet Mu.lmum Residential De nsity ~5 _....,~orS-t S M~.,.,.,1sivnitsp~l)cre M•lllimum kol9ht lOffft M11:1'.imurn R..isictontlill Otwsity It; tC· ".' <,1'! ~~ ""' ":'!(' Vl>' '~.('>";Cl..,, P!,J-·• .,.ro l J~'-1.tai;, \.tt1'(i...,Uml-~h\ ~)i •. ~) i(~' MP.irnum FUsid onti.al Density 2Qyni~ pet Kff: Ma.-:imum h1l9ht '5fceet Wo1of"'1i>ff'•ltd ...• M.f~ llftde<'lto.l~lt)I )'jU"l.1'C..~~ M1:ol'M.lft'IH•'fh\ ~""' SPK<';c P~, .. -~ Ent of Wolfe Rd Muimumo A:es$d.-MiM 0.-.~ 35..,,..,t'IP4' llCl'e Mu.ifnum,Ho09ht P..-Sp.K>hePL." ~l~-Hc~ f--rl__ J / I I ----... ------·· • I ! \.1 ·-· I I I 1 \ f ~----. ' , ... .,, . I \ 251.1.,,;uper .M:'.1.,.. Mt .-iftl>Vnt H.oght 45fect .GP ~ ·~.. r·~ ··-::\~ · ...... ·. . ' ! \*~:----..,;,.--· ~-~---------- • I I Neighborhoods • I I ....... I ·-----· tdaxinlun'IR.cidofi\i..l0..11o1lt.y ' I I I I I I I I . I I AiinQl(1ted in the Gal\<!ral Ptin la.ndUu llo'4p, 15 \llllls 11'!1 ~ fQt" Ne•yhborl1Qod Co~tuil Srio M~mH~\ ,.,_ ,.---------· I South Vallco Park MDm-flffoo.ntiM GIMify ,>-..£~ l~:;, \ ,sf"t,OfOO'••twit.,,.,..., ~l --, ' l ..-_..,;i'\...; ....... , t---f ( Le g end Special An~olS C::J Homestead c:::J North VaUc:o P arlc. C::J Heart of the-City c:::J North De Anza South De Anza c:::J Manta Vi$til Village ~Bubb Road C::J Valko Shopping D istrict Neighborhoods ,. ' ' I ) ) v M1ll:,idc Tr;:ins it 1on Urb an Service AJe3 Sphere of Influence Utban T1;in!:tt 1on City Boundary Boulevards {Arterials) Avenues {Maio r Collectots) A11enuos (Minor Collc-cto1s) C Key lnter!:ec:tions * Neighborhood Ce!ntets eui&dlngf'I~ ·M~"'Uinll'lcl~"fbci•Jd,ngbulk~tl·IJ!Olkhtwd>•VW1ff'O'l'l~"1rti.iJ.lbotk¥¥dC\lfbi,,.,t'O'lilNt'r.-oo~tfor 1~C1ewu·o•d•·\l .. .t • 110' !"9C•ou•Hek HU. u:e ~C•OUl~d• $UQlll~ fl'i¥< . • Far p(Oje.ch ..Ji-1 10 ,.....;...1,..1 .,.,.$; H.11"'" •net .Ml'tbtd.• .OjK""I 10 M•td•"u,.J Men w.tr b., do-r.-. ..... ·..d d"'"'9 p<O,«! ,....,_ • for,,,. NC.lfllt Mid Sol;!h Y"''<f) l'il<I• MHJ f(llC"irpl f4i1 LIM: ~ko ~ t)bb~f ~/ll'ff}· ,,,_taY'< l h..i P'""•''Yb.,.;!~ b..u: t..ejo.., .. , S ·I r• 0' 's f<H11 ofutbK~ l<N-•y I /i>Ofolbut~~!J~~'*•MI lro.rittieS1n·emC1ftl~ 6/vd . .-wiHomit"!te.ttdJto.itdcU1b fine1'Nldbtf(lw 11 sio.,.. i;.,., dr• ...... '""'"Wolf• fltOMJ-U r...,1..., ..,,,,.._ c"'b """"· R-folop ~.I Eqvip-"" llooitoft me~.ol-'P"'.,.I .11\d ut."1-y •I"'°"••• ~y••.:-d.iipu4r.O~rwn.t.>foons ,ftlwy ~ .:ltft11 .. JriocMird011lh.iiroofM!d11etVt1.&l'•frO"'~.,.,ltV .. !f Priori!) H..,t.lrig S•t• .. : No1.wcrn.1..,~ 1t-i.,.•¥its./Jf1d lknf't•ff "'-aeo .. : rile>~ he'9h~-10.Mll•nf01 P'fl(ll"<fy~ Sir.. _J. odetoiMd.-. '"• <tdaptt:d ~"9 ff<r.....,111 W.'I t.. ,,, •e r.~1 .. d .... 1h., ,..........., f.,_,.,or..i APP-007422 ------:..:.:_.· 7 r--7 I I J "------· j ' l l-~'-=----..1. APP-008423 In order to assure the retention and enforcement of City guidelines not currently included in the General Plan, the following policies are amended as shown Policy LU-3.2: Building Heights1 ftBd Setback Ratios, Stepbacks and Building Planes : Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU- I) and as described below. 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. Policy LU-3.2.1: Additional Floor Area. In any area where an increase in the maximum building height is granted in exchange for ground floor retail, no more than 1 square foot of additional floor area above the otherwise-applicable height limit may be allowed for every 1 square foot of ground floor retail. In any such exchange, all ground floor retail must be fully accessible to the public during operating hours . Policy LU-3.2.2: Rooftop Height Extensions. Rooftop mechanical equipment and utility structures other than cell phone transmission antennae, but no other structures or building features , may exceed stipulated height limitations shown in Figure LU-1 if they are enclosed, centrally located on the roof and not visible from adjacent streets. Policy LU-3.2.3: North De Anza Boulevard. For the area from I-280 south to Alves Drive on the west and from I-280 south to St. Joseph 's Church on the east, not including St. Joseph 's Church: • For all new construction, there shall be landscaped setback areas extending a minimum of 50-ft. from curb line. Alternatively, the landscaped setback areas adjacent to North De Anza Blvd. may have a varied depth but a minimum square footage equal to the lot frontage distance multiplied by 50 ft., and a minimum setback distance at any point of 35 ft . from curb line . Policy LU-3.2.4: Stevens Creek Boulevard • The minimum setback on both sides of Stevens Creek Boulevard from CA-85 to the eastern boundary of the City of Cupertino is no less than 3 5 feet from the curb line . • On both sides of Stevens Creek Boulevard from CA-85 to Perimeter Road buildings shall be below a 1: 1 (i .e . 1 foot of stepback for every 1 foot of building height drawn from the curb line) slope line drawn from the Stevens Creek Boulevard curb line . • On the north side of Stevens Creek Boulevard from Perimeter Road to the eastern boundary of the City of Cupertino buildings shall be below a 1.5 :1 (i .e. 1.5 feet of stepback for every 1 foot of building height drawn from the curb line) slope line drawn from the Stevens Creek Boulevard curb line. • On the south side of Stevens Creek Boulevard from Perimeter Road to the eastern boundary of the City of Cupertino buildings shall be below a 1: 1 slope line drawn from the Stevens Creek Boulevard curb line . 8 APP-009424 Policy LU-3.2.5: Homestead Road in the North Valko Park Area On Homestead Road from Linnet Lane (west of Wolfe Road) to Swallow Drive (east of Wolfe Road) buildings shall be below a 1. 5 : 1 slope line drawn from the Homestead Road curb line. Policy LU-3.2.6: Building Planes on Arterial/Boulevard Streets. Unless specified in other LU-3.2 policies, all other arterial/boulevard streets buildings shall be below a 1: 1 (i .e . 1 foot of stepback for every 1 foot of building height drawn from the curb line) slope line drawn from the curb line or lines. The Subsection "City Center Subarea" is amended as follows: Strategy LU-16.1.3: Building form. The form ofB.Quildings should, through the use of step- downs and setbacks, be designed be moderately scaled to transition from existing taller buildings (new or existing) to the scale of the surrounding area. Taller buildings should provide appropriate transitions to fit into the surrounding area. The subsection "Vallco Shopping District Special Area" is amended as follows: Valko Shopping District Special Area The City envisions encourages the renovation and improvement of the existing Cupertino 's Valko Fashion Shopping Mall while maintaining its important role as a retail shopping center serving Cupertino 's residents and regional visitors. a complete redevelopment of the existing Vallee Fashion Mall into a vibrant mixed use "tovm center" that is a focal point for regional visitors and the community. This new As renovated, the Vallco Shopping District will become a destination for shopping, dining and entertainment in the Santa Clara Valley . GOAL LU-19 CREATE A DISTINCT AND l\4Etv10RABLE l\4IXED USE "TO'.VN CENTER" THAT IS PRESERVE AND ENHANCE THE V ALLCO SHOPPING DISTRICT AS A LOCAL AND REGIONAL RETAIL, HOTEL, DINING AND ENTERTAINMENT COMMERCIAL DESTINATION AND A FOCAL POINT FOR THE COMMUNITY Policy LU-19.1: Specific Plan Create a Vallco Shopping District Specific Plan prior to any development or other significant changes in use on the site that lays out the land uses, design standards and guidelines, and infrastructure improvements required. The Specific Plan will be based on the following strategies: Strategy LU 19.1.1: l\faster De,'eloper. Redevelopment will require a master developer in order remove the obstacles to the development of a cohesive district ·.vith the highest levels of urban design. 9 APP-010425 Strategy LU-19.1.2: Parcel assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential and office uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future . Strategy LU 19.1.J: Complete Redevelapment. The "tovm 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. Strategy LU-19.1.4: Land use. The following uses are allowed on the site (see Figure LU 1 for residential densities and criteria): 1. Retail : High-performing retail, restaurant and entertainment uses . Maintain a minimum of 600,000 1,200,000 square feet ofretail/dining/entertainment that provide a good source of sales tax for the City and provides high quality convenient shopping for residents of the city and surrounding areas . Entertainment uses may be included but shall consist of no more than 30 percent of retail uses . 2. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor. 3. Residential: Allow residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals, couples and/or active seniors vmo like to li•;e in an active "tovm center" environment. 4. Office : Encourage high quality office space arranged in a pedestrian oriented street grid with active uses on the ground floor, publicly accessible streets and plazas/green space . Strategy LU 19.1.5: "Tawn Center" layaut. Create streets and blocks laid out using "transect planning" (appropriate street and building types for each area), 'tvhich includes a discernible center and edges, public space at center, high quality public realm, and land uses appropriate to the street and building typology . Strategy LU-19.1.6: Connectivity. Provide a newly configured complete street grid hierarchy of streets, boulevards and alleys that is Any changes to the existing circulation pattern as part of a development or revision should be 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 Any such development or revision 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. Strategy LU-19.1.8: Open space. Ground-level Gopen space areas in the form ofa central town square on thew-est and east sides of the district interspersed with plazas and "greens" should be included that create community gathering spaces, locations for public art, and event space for community events:- 10 APP-011426 Policy LU-19.2: The Vallco Shopping District shall continue to be devoted to retail, hotel, dining and entertainment commercial use. No residential or office use shall be allowed. Building heights shall be restricted to a maximum of 45 feet. Figure LU-1 and the Land Use Map shall be conformed to this policy. The subsection "North Valko Park Special Area" is amended as follows: Policy LU-20.3: Building Form. Buildings in the retail and hotel area should provide active, pedestrian-oriented uses along the street. Buildings should shall transition to fit the scale of the surrounding area. Taller buildings should shall 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. Section 4. Chapter 4 -Housing Element a. The Section "Housing Resources" is amended as follows: The subsection "Overview of Available Sites for Housing" is amended in its second and third paragraphs as follows: Figure HE-1 indicates the available residential development opportunity sites to meet and exceed the identified regional housing need pursuant to the RHNA. The opportunity sites can accommodate infill development of up to l,400--1,3 86 residential units on properties zoned for densities of 20 dwelling units to the acre or more. The potential sites inventory is organized by geographic area and in particular, by mixed use corridors. The sites identified to meet the near term development potential are shown in Table HE-5. As shovm in Table HE 5, sites identified to meet the near term development potential lie v1ithin the North Vallco Park Special Area, the Heart of the City Special Area, and the Vall co Shopping District Special Area. One particular site will involve substantial coordination for redevelopment (Because redevelopment of the Vallco Shopping District, Site A2h cannot involve additional housing units, Due to the magnitude of the project, the City has established a contingency plan to meet the RHNA if a Specific Plan is not approved ·.vithin three years of Housing Element adoption. This contingency plan (called the City must follow its contingency plan to meet the RHNA, known as Scenario Band (discussed further in General Plan Appendix B),. Scenario B wettltl involve§ the City removing Vallco Shopping District from its inventory of available sites for housing, adding other mere priority sites to the inventory, and also increasing the density/allowable units on some of the other priority sites. Figure HE-1: Priority Housing Element Sites: Scenario A is deleted in its entirety and replaced by Figure B-8 from Appendix B, page B-148, which shall be relabeled as Figure HE-1: Priority Housing Element Sites -Scenario B. Both the current Figure HE-1 and Figure B-8 are provided below. 11 APP-012427 Figure HE-1 Priority Housing Element Sites: Scenario A App li cab le if Vallee Specific Plan is adopted by May 31 , 2018 If Vaflco Specific Plan is not adopted by May 31, 2018, the designated Priority Housing Element Sites will be as shown in General Plan Appendix B, Section 5.5: Residential Sites Inventory -Scenario B. City Boundary i'?'. 2 Housing Elements Si tes Urban Service Area Boundary c:::J VTA Priority Sp here of Influence Development Area Boundary Agreement Line Unincorporated Areas o.s !Mile """"""'=="""'"""'"""'"' 1000 2000 3000 Feet ==='°.,"=="'1000 MCtNS 12 (PDA) !sit.Ii J SiteNumber:Re.alistic ! Ullll$ .____ Capacity. Nol e:RuliJtk c~p.i ci!y l l9~ff.llly8S 'llt ol ,.,.,....;mumo ca µl!Ol~.ilo.,.'fd Special Areas r::::J Heart of the City r::::J North Vallee Park c:::J Vallco Shopping District APP-013428 Figure B-8 Pr ioirity Housing Element Sites -Scenario B Applica ble if Vallco Spe cific Plan is not adopted by May 31, 2018 , I I I I ,_ ·, I I I I \.. I I \ ,-, ....... , ; ' I I ' ( --. I I _, - Legend r ~, I I -, l I ' ,.J ,1 ' ' ~··1 I I I I I I I -· -..... _ -·-f -· . J City Boundary Urban Serv ice Area Boundary Sp here of Infl uence Boundary Agreement Line ·? Un incorporat ed A reas O..S 1 M1lf' 1000 JOOO fl•e1 ;;;;µ t .b' ... SOO 10001.!tltn = ' I I 1 Sonia Cio 'O I Heart of the City: 504 Units Housing Elements Si!es VTA Priority Development Area (PDA) 1 S1tr ; Site Nu mber: Reali stic utu~~--.J Capacity. frjo1• A.01.1Lt <•iu<.r, .. .,. ...... u,.11 .. .,, ,..~ .......... UPM>~ Special Areas/Neighborhoods C::J Hea r t of th e C it y (=::J North Vallco Park Homestead Table HE-5: "SUMMARY OF PRIORITY HOUSING ELEMENT SITES TO MEET THE RHNA -SCENARIO A" is deleted in its entirety and replaced by Table 5.5 from Appendix B, page B-153, which shall be relabeled as Table HE-5: SUMMARY OF PRIORITY HOUSING SITES -SCENARIO B. Both the current Table HE-5 and the replacement Table 5.5 are provided below: 13 APP-014429 TABLE HE-5: SUMMARY OF PRIORITY HOUSING ELEMENT SITES TO MEET THE RHNA -SCENARIO A ' Site Site A 1 (The Hamptons) Site A2 (Va llco Shopping District) Site A3 (The Oaks Shopping Center) Site A4 (Marina Plaz a) Site AS (Ba r ry Swenson ) Adopted General Plan/ Adopted Zoning High Density P(Res ) RS /O/R P(Regional Shopping) & P{CG) C/R P(CG, Res) C/O/R P(CG, Res ) C/O /R P(CG , Res) •• _· • • North Vallco Park 85 Valko Shopp ing 35 D istrict Heart of t he City 30 Heart of t he City 35 Heart of the City 25 Max Height 75 ft; or 60 ft in certain lo cations*; height to be determined in Vallco Shoppi ng District Spe ci fic Pla n 45 ft 45 ft 45 ft Total • . 600 net 389 200 200 11 1,40oj Notes: Zoning for Si te A2 (Val/co) will be determined by Specific Plan to allow residential uses. Site A 1 (Hamptons) height limit of 60 feet is applicable for buildings located within 50 feet of property lines abutting Wolfe Rd, Prune ridge Ave. & Apple Campus 2 site. Site A2 (I/al/co) height will be determined by Specific Plan. For more detail on height limits, see Land Use and Community Design Element, Figure LU-1 . Site B1 (Ha mptons) North Vallco Park High De nsity 12.44 750 Ve ry Low/ P{Res) Low Site B2 (T he Oa ks Heart of t he City C/R 35 (b) 7.9 23 5 Very Low/ Shoppi ng Cen ter) P(C G, Res) Low Site B3 {Marina Plaza) Heart of the C ity C/O/R 35 6.86 200 Very Low/ P(CG , Res) Low Site B4 (Barry He art of t he City C/0 /R 25 0.5 5 11 Very Low/ Swen son ) P{CG, Res) Low Site BS (Glenbrook Heart of t he City Medium De nsity 20 3 1.3 58 Very Low / Apartments) R3 (10-20) Lo w Site B6 (H omest ead Homest ead C/R (c) 3 5 (c) 5 .1 132 Very Low/ Lanes an d Adjace ncy) P(CG , Res) {c) Lo w Total 64.24 1,386 Notes: (a) A General Plan Amendement and zoning change w ill be ncessary to allow the increase in density from 85 to 99 un its per acre on Site 81. (b) A Genera l Plan Amendment and zoning change w ill be necessary to allow the increase in density from 30 to 35 units per acre on Site 82. (c} A General Plan Amendment and zoning change w il I be necessary to allow residentia l uses at 35 units per acre on Site 86. Existing zoning for Site 86 is P(Rec, Enter). (d) Realistic capacity reduces the max i mum developable units by 15 percent on Sites 8 1, 82, 83, B4, and 8 6. Realistic capacity of Site BS is (d) reduced by 46 percent due to existing site constraints. (e) Identified capacity of sites that allow development densit ies of at least 20 units per acre are credited toward the lower-i ncome RH N A based on State law. Pursuant to Government Code Section 65583 .2(c)(3)(8), local governments may utilize "defau lt" density standards to provide evidence that "af>propriate zon ing" is in place to support the deve lopment of housing for very-low and low-income liouseholds . The default density standard for Cupertino and other suburban Jurisdictions in Santa Clara County is 20 dwelling units per acre (DUA) or more. (f) Real istic capacity for sites B 1 and BS represent net new units. 14 APP-015430 b. The Section "Housing Plan" is amended as follows: The subsection "Implementing Strategies" is amended as follows: The fifth bullet point under Strategy 1: Land Use Policy and Zoning Provisions is amended as follows: • Priority Housing Sites : As part of the Housing Element update, the City has identified fi.ve-priority sites under Scenario-A B-(see Table HE-5) for residential development over the next eight years . The General Plan and zoning designations will allow the densities for this development. shovm in Table HE 5 for all sites except the Vallee Shopping District site (Site A2). The redevelopment of Vallee Shopping District \vill involve significant planning and community input. /•£ specific plan will be required to implement a comprehensive strategy for a retail/office/residential mixed use development. The project applicant would be required to \Vork closely vfith the community and the City to bring forth a specific plan that meets the community's needs, with the anticipated adoption and rezoning to occur within three years of the adoption of the 2014 2022 Housing Element (by May 31 , 2018). The specific plan would permit 3 89 units by right at a minimum density of20 units per acre . If the specific plan and rezoning are not adopted within three years of Housing Element adoption (by May 31 , 2018), the City will schedule hearings consistent with Government Code Section 65863 to consider removing Vallee as a priority housing site under Scenario A , to be replaced by sites identified in Scenario B (see detailed discussion and sites listing of "Scenario B" in Appendix B Housing Element Technical Appendix). As part of the adoption of Scenario B, the City intends to add two additional sites to the inventory: Glenbrook Apartments and Homestead Lanes, along ·.vith increased number of permitted units on The Hamptons and The Oaks sites . All sites in Scenario B, except the Homestead Lanes, have Aapplicable zoning is in place"' for Glenbrook Apartments; hov;ever the The Homestead Lanes site will weuld need to be rezoned at that time to permit residential uses. Any rezoning required will allow residential uses by right at a minimum density of 20 units per acre. Delete the following table: 15 APP-016431 Cupertino Department of Responsible Agencies: Community Development/ Planning Division Ongoi ng; Adopt Specific Plan and rezon i ng for Vallco by May 3 1, Time Frame: 2018; otherwise, conduct public hearings to consider adoption of "Scenario B" of sites strategy. Funding Sources: None required 1,064 units (178 extremely !ow-, 178 very !ow-, 207 low-, Quantified Objectives: 231 moderate-and 270 above moderate-income units) Part V: EXEMPTIONS FOR CERTAIN PROJECTS This Initiative shall not apply to any development project which has obtained as of the effective date of this Initiative a vested right pursuant to State law. Part VI: EFFECTIVE DATE, PRIORITY, AND CONSISTENCY This Initiative shall become effective immediately upon the certification of the election results. Within six (6) months of the effective date of this measure, all provisions of the municipal code, ordinances, including zoning ordinances, resolutions, administrative policies, general plans, specific plans, conceptual plans or any other plan of the City shall be revised and amended to make them conform with the provisions of this Initiative. Until such time as the above referenced ordinances and plans have been so revised and amended, the provisions of this Initiative shall prevail over any conflicting provisions. Part VII: SEVERABILITY The people of Cupertino hereby declare that they intend to enact each and every provision of this Initiative regardless of the presence or absence of any other provision, and to that extent all of the provisions of this Initiative are to be considered severable. In the event a final judgment of a court of competent jurisdiction detennines that any provision, section, subsection, sentences, clause, or phrase or application of this Initiative measure is found to be invalid or unenforceable for any reason, the invalid or unenforceable portion shall be severed from this measure, and the remaining portions of this measure shall remain in full force. Part VITI: AMENDMENT OR REPEAL Except as otherwise indicated herein, this Initiative may be amended or repealed only by the voters at a City election. 16 APP-017432 CITY ATTORNEY’S BALLOT TITLE AND SUMMARY FOR PROPOSED INITIATIVE SUBMITTED ON NOVEMBER 24, 2015 TITLE: Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions. SUMMARY: As required by State law, the City of Cupertino’s General Plan establishes permissible land uses, maximum development densities, and intensities for all properties within the City. The City recently completed a multi-year planning effort that resulted in the adoption of its General Plan (Community Vision 2015 – 2040), intended to guide development through the year 2040. The initiative amends Cupertino’s General Plan in several ways, including requirements for: the Vallco Shopping District; building heights, setbacks, planes, and lot coverage in other areas of the City; residential allocation; and the Housing Element. For the Vallco Shopping District, the initiative: (1) removes the General Plan’s vision for the “complete redevelopment of the existing Vallco Fashion Mall into a vibrant mixed use ‘town center’” and restates the City’s goal as to “preserve and enhance the Vallco Shopping District as a local and regional retail, hotel, dining and entertainment commercial destination. . . . ”; (2) prohibits residential and office uses; (3) restricts building heights to a maximum of 45 feet; and (4) increases the minimum square footage of retail/dining/entertainment uses from 600,000 to 1,200,000 square feet. In other areas of the City, the initiative: (1) prohibits building heights greater than 45 feet except in North Vallco Park and South Vallco Park Gateway within the Heart of the City Special Area; (2) adds policies regarding setbacks, “stepbacks,” “building planes,” and rooftop height extensions citywide; (3) adds specific policies applicable to North De Anza Boulevard, Stevens Creek Boulevard, and Homestead Road in North Vallco Park; (4) limits the maximum lot coverage for projects over 50,000 square feet to 70%; and (5) reduces the Citywide residential allocation by 146 units. For the Housing Element, state law requires that every general plan identify priority housing sites to accommodate that city’s share of regional housing needs. The initiative removes the current General Plan “Scenario A” of priority sites and replaces it with the General Plan’s “contingency plan”, “Scenario B”. Scenario B: (1) removes the Vallco Shopping District as a priority housing site; (2) increases residential units allocated to Appendix 1B APP-018433 the Heart of the City and North Vallco Park Special Areas: (3) adds two other sites; and (4) reduces the total number of priority housing units by 14. The initiative states that it shall not apply to any development project that has obtained, prior to the initiative’s effective date, a vested right pursuant to state law. It directs the City to amend all other provisions of its municipal code, ordinances, plans, policies, and resolutions to conform with the initiative within six months. The initiative states that, except as indicated therein, no provision of the initiative may be amended without voter approval. The initiative has no expiration date. APP-019434 Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Cupertino for the purpose of amending the Cupertino General Plan. A statement of the reasons of the proposed action as contemplated in the petition is as follows: The proposed initiative measure amends the Cupertino General Plan to promote sensible and sustainable growth of the City and empowers Cupertino voters to control future changes to key components of the General Plan. Major elements include: 1. Establish clear citywide standards for development, including maximum heights, and building planes and required setbacks on major thoroughfares. 2 . Restore the Vallco Shopping District as a shopping and entertainment center, and remove the recently added office and residential components that would interfere with that revitalization. 3. Ensure that large new development projects maintain open space areas by requiring that lot coverage not exceed 70%. 4. Empower the City's voters by requiring that any change to the important new provisions this initiative would add must be approved by the voters. Anne Brooke Ezzat Cupertino, CA 95014 ;:;;:::._ 1 t -'\,___ £angchen Xu Cupertino, CA 95014 70 St!;;S~~ C upertino, CA 95 014 Date I I Date Appendix 1C APP-020435 Page 1 of 19 APPENDIX 2 SECTION-BY-SECTION DESCRIPTION AND SUMMARY OF INITIATIVE This Appendix to the 9212 Report summarizes and describes each part of the Initiative. It was prepared by the City Attorney’s office and outside counsel with the assistance of City planning staff. The full text of the Initiative is set forth in Appendix 1A. The Initiative states that it seeks to achieve its stated purposes by amending various provisions of the City of Cupertino’s General Plan (Community Vision 2015- 2040). California law requires each city and county to adopt and maintain a “general plan” that establishes permissible land uses and maximum development densities and intensities for all properties within that jurisdiction. A city’s general plan effectively serves as its living “constitution” for all future land use decisions. Under state law, and in the absence of an initiative providing otherwise, a city council can amend the general plan up to four times per year. The Initiative’s proposed amendments to Cupertino’s General Plan are described below in Part III. Where helpful to show the changes made by the Initiative, this summary adopts the Initiative’s practice of showing proposed deletions to the existing General Plan in strikethrough and new language inserted by the Initiative in underline. I. Part I. TITLE (Page 1 of the Initiative) Part I of the Initiative sets forth the title proposed by the Initiative proponents: “Cupertino Citizens’ Sensible Growth Initiative.” As is often the case, this title differs from the official title prepared by the City Attorney pursuant to Elections Code section 9203, which requires the City Attorney to prepare “a true and impartial statement of the purpose of the proposed measure in such language that the ballot title shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.” The City Attorney’s official ballot title reads as follows: “Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions.” The City Attorney’s full ballot title and summary for the Initiative is set forth in Appendix 1B. APP-021436 Page 2 of 19 II. PART II. FINDINGS (Page 1 of the Initiative) Part II of the Initiative sets forth the Initiative’s proposed “findings,” which summarize the proponents’ rationale for why the Initiative is needed at this time. Further information regarding the proponents’ reasons for proposing the Initiative are set forth in the Notice of Intent to Circulate Petition that the proponents submitted when they requested the official title and summary. The Notice of Intent is reproduced in Appendix 1C. If the Initiative is adopted, these findings could help guide the City Council, or the courts in the event of a legal challenge, in determining how to interpret and apply any ambiguities in the provisions set forth in the Initiative. III. PART III. PURPOSE (Pages 1-2 of the Initiative) Part III of the Initiative sets forth its three purposes, which are to: 1. “control the intensity of new development by setting general citywide limits on building heights, setbacks, building planes and lot coverage in Cupertino that will provide long-term direction”; 2. “preserve and enhance the Vallco Shopping District for retail, hotel, dining and entertainment commercial uses”; and 3. “require that changes or exceptions to those limits and uses be presented to and approved by the voters of Cupertino.” Like the “findings” in Part II, these stated purposes could help guide the City Council, or the courts in the event of a legal challenge, in determining how to interpret and apply any ambiguities in the General Plan amendments set forth in the Initiative. The City Council, however, has broad discretion to interpret any ambiguities in the General Plan and to balance competing policies, goals, and provisions of the General Plan, whether adopted by the Initiative or otherwise. San Francisco Tomorrow v. City and County of San Francisco (2014) 229 Cal.App.4th 498, 513-16. The Initiative seeks to achieve these purposes by amending various provisions of the General Plan. IV. PART IV. GENERAL PLAN AMENDMENTS (Pages 3-15 of the Initiative) This is the heart of the Initiative, which sets forth the proposed changes to the General Plan. The amendments are contained in four “sections” corresponding to the four chapters of the General Plan that the Initiative would amend. APP-022437 Page 3 of 19 A. Section 1 (Pages 2-3 of the Initiative) This section amends the portion of Chapter 1 of the General Plan that sets forth the existing General Plan’s overall purpose. Among other things, it inserts the following new text: “[C]hanges made through this Initiative are intended to modify and supersede any [existing provisions of the General Plan] that might otherwise conflict with amendments” proposed by the Initiative, and directs that the rest of the General Plan shall be conformed to the Initiative. The Initiative also adds a directive that, in interpreting the General Plan, “priority be given to ensuring that the provisions enacted or reenacted by the 2016 voter initiative be followed and implemented to the fullest extent possible.” Part VI of the Initiative contains similar language giving priority to the provisions enacted by the Initiative. To the extent that this language elevates the provisions proposed by the Initiative over other provisions of the General Plan, a court might find that it is unlawful. See Sierra Club v. Kern County (1981) 126 Cal.App.3d 698, 703-08 (holding that a similar provision constituted an unlawful “precedence clause” and was therefore “void” and not permitted under the State Planning and Zoning law). On the other hand, a court could interpret this provision as simply promoting internal general plan consistency. See Pala Band of Mission Indians v. San Diego County (1997) 54 Cal.App.4th 565, 577 (holding that Kern County did not render invalid an initiative that did not create any general plan consistencies, and stating that initiative provisions giving a county board of supervisors authority to fix any such inconsistencies appear to be lawful). Also, as of the date of this Report, two other initiative measures (“Other Measures”) have been proposed in Cupertino that may conflict, at least in part, with this Initiative.1 If this Initiative passes and one or both of the Other Measures also passes and 1 The official titles for these two measures are: (1) “Initiative amending Cupertino’s General Plan and Heart of the City Specific Plan to: (1) allow 280,000 square feet of office space, 200 hotel units, and 270 residential units, and a height limit of 88 feet for a mixed-use development project at the Cupertino Oaks Shopping Center (“Property”); (2) exempt the Property from some development standards; and (3) require the City to promptly process and approve an application for a project that includes specified community benefits and is consistent with the terms of the proposed initiative” (referred to in this Appendix as “the Oaks Initiative”) (2) “Initiative adopting the Vallco Town Center Specific Plan to (1) provide that the Vallco Shopping District Special Area (“Area”) contains a mixture of residential, office, retail, civic and education uses; (2) require any development to fund or provide community benefits such as transit, schools, a green roof, and recycled water; and (3) grant the property owner initial entitlements to develop in accordance with the Initiative and establish a process for future approvals; and (footnote continued on next page) APP-023438 Page 4 of 19 receives more votes, then a court would need to first determine whether and which provisions conflict. If the provisions can be harmonized, both will be given effect. However, any provision in this Initiative that conflicts with a provision in one of the Other Measures that received more votes would not take effect. In the absence of a valid “competing measure” clause to the contrary, the general rule is that if provisions of two ballot measures conflict, and if both measures are passed at the same election, the provisions of the measure with the highest affirmative vote shall prevail. Cal. Const. Art. II, § 10(b); Elections Code § 9221; see Taxpayers to Limit Campaign Spending v. Fair Political Practices Commission (1990) 51 Cal.3d 744, 770. B. Section 2 (Page 3 of the Initiative) This section of the Initiative is one of several provisions that change the City’s vision for, and policies governing, future use and development of the Vallco Shopping District Special Area. It amends the provision in Chapter 2 of the General Plan that sets forth the “Vision” for the Vallco Shopping District Special Area. Specifically, it removes the current General Plan text envisioning this area as a “new mixed-use ‘town center’” and replaces it with language calling for the area to provide a “unique and memorable shopping, dining and entertainment experience.” C. Section 3 (Pages 3-11 of the Initiative) This section amends several provisions in General Plan Chapter 3, the Land Use and Community Design Element. As the current General Plan explains, Chapter 3 “is the keystone” of the General Plan. “It unifies and informs the other Elements by providing an overall policy context for future physical change.” Many of the changes made by this section relate primarily to the Vallco Shopping District Special Area (“Vallco”), but others apply citywide or just to certain areas of the City. Where a particular change affects both Vallco and other areas of the City, this summary will first identify the impacts on Vallco and then describe the impacts on other areas of the City. 1. Amendments regarding “Economic Vitality” (Page 3 of the Initiative) In the subsection of Chapter 3 entitled “Economic Vitality,” the Initiative makes the following change: “The General Plan includes more office growth recognizes the need to retain balanced growth to support a strong fiscal revenues and a stable tax (footnote continued from previous page) making related amendments to Cupertino’s General Plan and Municipal Code” (referred to in this Appendix as the “Vallco Initiative”) APP-024439 Page 5 of 19 base.” This change is consistent with the Initiative’s other provisions, discussed below, that remove the 2,000,000 square feet of additional office space currently allocated to the Vallco area. 2. Amendments regarding Table LU-1, Citywide Development Allocation Between 2014-2020 (Pages 3-4 of the Initiative) To provide for balanced future growth and development and in order create a more complete community, the General Plan allocates future development potential by land use type (i.e., commercial, office, hotel, and residential) to different planning areas within the City. These “allocations” are set forth in Table LU-1 of the General Plan and assigned by “Planning Area.” The General Plan provides that “some flexibility may be allowed for transferring allocations among Planning Areas,” and it also directs that Table LU-1 be maintained and updated to ensure that the allocations for various land uses adequately meet city goals. The Initiative amends several of the allocations in Table LU-1 and also limits the City Council’s ability to make further changes to the allocations for the Vallco site, as follows: For Vallco: The Initiative deletes (1) the 2,000,000 square feet of future office development allocated to Vallco; and (2) the 389 units of future residential development allocated to Vallco. Two hundred and forty-three (243) of the residential units are effectively “reallocated” to other areas of the City, but the 2,000,000 square feet of office space is not reallocated. Other provisions of the Initiative provide that the roughly 1.2 million square feet of existing commercial development at Vallco must be maintained as a “minimum,” and also as the maximum. In addition, the Initiative deletes two footnotes from Table LU-1 that encourage prompt submission of a proposed Specific Plan for the comprehensive redevelopment of the Vallco site by a master developer. The language proposed for deletion states: Buildout totals for Office and Residential allocation within the Vallco Shopping District are contingent upon a Specific Plan being adopted for this area by May 31, 2018. If a Specific Plan is not adopted by that date, City will consider the removal of the Office and Residential allocations for Vallco Shopping District. See the Housing Element (Chapter 4) for additional information and requirements within the Vallco Shopping District. For Other Areas: 150 units of future residential development are allocated to the North Vallco Park Special Area and 93 future residential units are allocated to the Heart of the City Special Area. The Initiative also adds an asterisk (*) to each of these allocations—and to the accompanying citywide total allocations—stating that they “may be changed through the normal general plan amendment process.” Citywide: The above changes are also reflected in the Citywide total development allocations. Thus, with the changes made by the Initiative, the total APP-025440 Page 6 of 19 available future development allocations Citywide would be: 798,917 sq. feet of commercial development; 553,826 sq. feet of office development; 313 hotel rooms or units; and 1,736 residential units. Voter Approval required for certain future amendments to the development allocations shown in Table LU-1: Under the adopted General Plan, allocations may be shifted within different Planning Areas. See, e.g., Strategy LU-1.2.1. In addition, the City Council may amend any of the allocations in Table LU-1 pursuant to the provisions of the State Planning and Zoning Law that allow up to four amendments t o a city’s general plan each year. Part VIII of the Initiative—which states that “Except as otherwise indicated herein, this Initiative may be amended or repealed only by the voters at a City election”—would limit the Council’s ability to make such amendments. The implication of this voter approval language for the allocations expressly removed or added to Table LU-1 by the Initiative is clear: The allocations deleted from the Vallco site may not be readopted without voter approval; likewise, the reallocated residential units for the North Vallco Park and Heart of the City Special Areas may be amended by the City Council through the “normal general plan amendment process” (i.e., without voter approval), as indicated by the asterisks added by the Initiative.2 For the other allocations set forth in Table LU-1—which are neither added nor deleted by the Initiative—it is not clear whether the Initiative’s voter approval requirements apply. It should be noted that the Initiative does not state that it is readopting or reenacting Table LU-1 as a whole. Instead, it states (at the bottom of page 3) that “Table LU-1: . . . is amended by the additions and strikeouts shown below.” Since the other allocations in Table LU-1 were not reenacted, it appears that the voter approval requirement in Part VIII of the Initiative does not apply to these other allocations except to the extent that some other provision of the Initiative expressly references them.3 2 It appears that the Initiative proponents may have inadvertently omitted an asterisk from the 553,826 sq. feet of office development they show as available Citywide. This is because they included an asterisk for the 9,470,005* sq. feet of office development projected at “buildout” of the General Plan in 2040. The 553,826 square feet allocated as “available,” however, is derived simply by subtracting the existing square footage of “current built” office development from the 9,470,005* buildout figure. It necessarily follows that the 553,826 sq. feet should have an asterisk as well. 3 The only instance of this identified by the City is the Initiative’s amendment to Strategy LU-19.1.4. As explained in more detail below, the Initiative amends this strategy to require that a minimum of 1.2 million square feet of commercial use be maintained at Vallco. This is about the same amount of commercial square feet that Table LU-1 shows as currently existing at (and allocated to) Vallco. APP-026441 Page 7 of 19 This interpretation appears to best effectuate the purposes of the Initiative and, in light of the ambiguity, the City Council most likely would have the discretion to interpret the Initiative in this way. See, e.g., San Francisco Tomorrow v. City and County of San Francisco (2014) 229 Cal.App.4th 498, 521 (“‘[T]he settled rule [is] that where [a general plan] is ambiguous, courts should give it “a reasonable and common sense construction in accordance with the apparent purpose and intention of the lawmakers— one that is practical rather than technical and that will lead to a wise policy rather than mischief or absurdity.’”); see id. at 513-15, 521-24. In addition, although it is the intent of the voters—rather than the Initiative proponents—that would guide any court in construing this language, the website of the Initiative proponents contains several statements reflecting this same understanding. See. e.g., http://www.ccsensiblegrowth.org/#!what-will-it-do-or-not-do/uln5w (stating that the Initiative “WILL NOT take away City Council’s ability to increase citywide office allocation, residential allocation or hotel or retail allocation”). 3. Amendments regarding the General Plan’s Community Form Diagram and Land Use Map (Pages 5-7 of the Initiative) The Initiative adds a new Policy LU-3.0, which provides, among other things, that: “The maximum building heights and densities for the special areas shown in the Community Form Diagram (Figure LU-1) shall not be exceeded.” With two exceptions, this provision would essentially lock in place the existing building heights and densities for the eight “Special Areas” identified in the existing General Plan Community Form Diagram. The two exceptions are: (1) the Vallco Shopping District Special Area, which a separate provision of the Initiative (New Policy LU-19.2 on page 11 of the Initiative) reduces to a maximum of 45 feet; and (2) the density changes set forth in the final sentence of this policy.4 Voter approval would be required to increase any of the heights or densities in these nine Special Areas. “Outside of the Special Areas shown in Figure LU-1, building heights may not exceed 45 feet.” The only areas of the City that are “outside of the Special Areas” are the parts of the City that the 4 The final sentence in new Policy LU-3.0 states that the Community Form Diagram shall be “conformed” to “the density changes identified in Footnotes (a) through (c) in the new Table HE 5.5 [previously Appendix B Table 5.5] as shown in Section 3 of this Part IV.” There is no Table HE 5.5 in the referenced “Section 3,” which is not italicized in the Initiative. However, the referenced Table HE 5.5 does appear in Section 4 of the Initiative. See page 15 of this Appendix, below. APP-027442 Page 8 of 19 General Plan defines as Neighborhoods.5 The existing General Plan—as well as the City’s Zoning Ordinance—establish 30 feet as the maximum building height for the neighborhoods. Accordingly, this provision would increase the maximum building height of the City’s Neighborhoods by 15 feet, to 45 feet. Voter approval would be required to increase building heights above 45 feet in any of the Neighborhoods. “For any project of over 50,000 sq. ft. of building area, maximum lot coverage shall not exceed 70%.” This policy means that, for any project over 50,000 sq. ft, the City Council could not approve a project that would cover more than 70% of the lot. “No provision allowing additional height or density, modifying maximum lot coverage, building plane, or minimum setback to relax the standards set forth in this General Plan, other than those mandated by state law, shall be allowed.” This amendment—which applies citywide—would generally lock in place the General Plan’s existing standards (as modified by the Initiative) for maximum building height and density, maximum lot coverage, building plane, and minimum setback. This provision would thus require voter approval for any increase in the specified maximum (or decrease in the specified minimum) standards, “other than those mandated by state law.” The “other than mandated by state law” exception appears to provide a safety valve to allow the City Council to relax the specified standards where a specific provision of State law—for instance the various State law provisions requiring cities to provide for their regional fair share of housing—would require such a relaxation. The courts have upheld similar provisions. See, e.g., Shea Homes Limited Partnership v. County of Alameda (2003) 110 Cal.App.4th 1246, 1265-66. However, as explained in the Report, the language of this provision does not appear to allow the City to grant any variances from these specified building standards in the absence of a specific state law provision requiring one. The provision of the State Planning Law 5 As Chapter 2 of the General Plan explains, for planning purposes, the City is organized “into 21 distinct Planning Areas, divided into two categories: 1. Special Areas that are expected to transition over the life of the General Plan and 2. Neighborhoods where future changes are expected to be minimal.” APP-028443 Page 9 of 19 authorizing variances does not mandate that a city grant a variance even where the strict application of buildings standards would deprive the owner of a specific property “of privileges enjoyed by other property in the vicinity and under identical zoning classification.” See Gov’t Code § 65906 (providing that variances “shall be granted only when” such circumstances are present). The California Supreme Court has long held that the granting of a variance is discretionary, not mandatory. Metcalf v. Los Angeles County (1944) 24 Cal.2d 267, 272; Rubin v. Board of Directors of City of Pasadena (1940) 16 Cal.2d 119, 125-26; Cf. Ideal Boat & Camper Storage v. County of Alameda (2012) 208 Cal.App.4th 301, 308, 313-20 (upholding denial of variance and permit where initiative had banned the granting of any non-conforming uses, including variances). The General Plan’s Community Form Diagram and Land Use Map “shall be conformed to the requirements set by” this policy and other specified requirements set forth elsewhere in the Initiative. This directive to amend the Community Form Diagram and Land Use Map to comport with these specific directives seems to come within the conformity authorization upheld in Pala Band of Mission Indians v. San Diego County (1997) 54 Cal.App.4th 565, 577 n.8. See Part IV.A of this Appendix. 4. Amendments regarding building heights, setback ratios, stepbacks, and building planes (Pages 8-9 of the Initiative) The Initiative modifies existing General Plan Policy LU-3.2 and adds new policies LU-3.2.1 through LU-3.2.6 to add provisions relating to building heights, setback ratios, stepbacks, and building planes. The Initiative states that these modifications are made “[i]n order to assure the retention and enforcement of City guidelines not currently included in the General Plan.” Where these new policies apply only to one or more areas of the City, those areas are indicated below in bold. New Policy LU-3.2.1 provides that, “[i]n any area where an increase in the maximum building height is granted in exchange for ground floor retail, no more than 1 square foot of additional floor area above the otherwise-applicable height limit may be allowed for every 1 square foot of ground floor retail. In any such exchange, all ground floor retail must be fully accessible to the public during operating hours.” This appears to be an entirely new policy rather than an existing City guideline. This new policy would apply to the South Vallco Park Planning Area because that is the only area of the City where the existing General Plan allows for an increased building height to be granted in exchange for ground floor retail. APP-029444 Page 10 of 19 New Policy LU-3.2.2 provides that “Rooftop mechanical equipment and utility structures other than cell phone transmission antennae, but no other structures of building features, may exceed stipulated height limitations shown in Figure LU-1 if they are enclosed, centrally located on the roof and not visible from adjacent streets.” This policy essentially specifies what rooftop equipment will be excluded from the City’s calculation of a buildings height. The non-underlined portion of this policy is set forth as a footnote in the existing General Plan’s Figure LU-1 (Community Form Diagram). New Policy LU-3.2.3 adds to the General Plan setback requirements for both sides of North De Anza Boulevard that are currently included in the North De Anza Conceptual Plan for the west side of that boulevard only. This policy requires a minimum of (1) 50 feet of landscaped setback from the curb line; or (2) a minimum square footage of front yard landscaping equal to what would be achieved under the 50 foot setback, with a minimum setback of 35 feet. New Policy LU-3.2.4 applies specifically to the Stevens Creek Boulevard Subarea in the Heart of the City Special Planning Area. The Heart of the City Specific Plan requires a 26 foot landscape easement from the face of curb and a minimum 35 foot setback from the face of curb (nine feet from the required landscape easement). The Initiative incorporates this specific plan requirement as a new General Plan policy. Also, the following existing General Plan standards that appear as footnotes in Figure LU-1 are added as General Plan policies: A 1:1 (i.e., 1 foot of setback for every 1 foot of building height) slope line setback requirement for development along Stevens Creek Boulevard from Highway 85 to Perimeter Road; A 1.5:1 slope line setback requirement for development on the north side of Stevens Creek Boulevard from Perimeter Road to the eastern city boundary; (NOTE: The setback requirement for the segment between Perimeter Road and N. Wolfe Road would be a new requirement. The setback requirement for the segment from N. Wolfe Road and the eastern city boundary is an existing requirement.) A 1:1 slope line setback requirement on the south side of Stevens Creek Boulevard from Perimeter Road to the eastern City boundary. These are all existing “step backs” or “setback ratios” already in the General Plan except the portion within the Vallco Shopping District. New Policy LU-3.2.5 adopts a 1.5:1 slope line setback requirement for development of property along Homestead Road between Linnet Lane and Swallow Drive from the Homestead Road curb line. This same requirement is essentially already incorporated within the footnotes in Figure LU-1 (Community Form Diagram). APP-030445 Page 11 of 19 New Policy LU-3.2.6 converts an existing footnote in Figure LU-1 into a new policy requiring a 1:1 slope line setback requirement for development of any property along an arterial/boulevard street, “[u]nless specified” otherwise in the new policies set forth above. With respect to the City Center Subarea, the Initiative modifies existing Strategy LU-16.1.3, Building form. Specifically, it adds the words “step-downs and setbacks” to define the transition from taller buildings to the scale of the surrounding area. 5. Amendments regarding the Vallco Shopping District Special Area. (Pages 9-11 of the Initiative) This section of the Initiative sets forth major changes to the vision for revitalizing the Vallco Shopping District Special Area that is set forth in the General Plan adopted by the City Council in December 2014. Among other things, the Initiative: removes the language in the City’s goals and policies for calling for the “complete redevelopment of the existing Vallco Fashion Mall into a vibrant mixed use ‘town center’” and restates the City’s goal as to “preserve and enhance the Vallco Shopping District as a local and regional retail, hotel, dining and entertainment commercial” destination prohibits residential and office uses (consistent with the changes to Table LU-1, discussed above, that deleted the 2,000,000 square feet of office use and 389 residential units allocated to the site) restricts building heights to a maximum of 45 feet; and increases the minimum square footage of retail/dining/entertainment uses from 600,000 to 1,200,000 square feet. The Initiative deletes in its entirety several “strategies” reflecting the City Council’s determination that redevelopment of the area “will require a master developer in order to remove the obstacles to the development of a cohesive district” and that “complete redevelopment of the site [is necessary] to ensure that the site can be planned to carry out the community vision.” The Initiative amends the existing General Plan policy requiring a Specific Plan be created prior to any development of the Vallco site to require that such a Specific Plan also be created prior to any “significant changes in use” on the site. APP-031446 Page 12 of 19 It also amends the existing General Plan strategy governing open space at the Vallco site to delete language calling for a central town square and replace it with “ground-level open space areas” 6. Amendments regarding North Vallco Park Special Area (Page 11 of Initiative) The Initiative amends Policy LU-20.3, Building form, for the North Vallco Park Special Area, changing “should” to “shall” in the following two sentences: “Buildings should shall transition to fit the scale of the surrounding area. Taller buildings should shall provide appropriate transitions to fit into the surrounding area.” As detailed below in Section 4, the Initiative also adds 150 new residential housing units to this Special Area. D. Section 4 (Pages 11-15 of the Initiative) This section of the Initiative amends several provisions in the Housing Element, which is Chapter 4 of the General Plan. State law requires that every housing element contain an inventory of potential housing sites that can accommodate the city’s fair share of regional housing needs.6 The City’s fair share for the current housing element cycle has been determined to be 1,064 housing units. The Housing Element contains two lists of “Priority Housing Element Sites” that can accommodate the City’s share of regional housing needs. Scenario A, the preferred scenario, includes Vallco as a housing site. Scenario B, the contingency plan to be used in the event Vallco cannot be rezoned for housing, removes Vallco as a priority site and transfers the units assigned to Vallco to other sites located in the City’s North Vallco, Heart of the City, and Homestead Special Areas. The changes made by this section of the Initiative primarily concern eliminating Scenario A and replacing it with Scenario B. 1. Amendments regarding “Overview of Available Sites for Housing” (Page 11 of the Initiative). The Initiative modifies the language of this section to reflect the elimination of Scenario A and its replacement with Scenario B. The Initiative states that the designated sites shown in Scenario B can accommodate infill development of up to 1,386 housing units rather than the 1,400 units that could be accommodated in Scenario A. Since Cupertino’s share of the regional 6 Also known as Regional Housing Needs Allocation, or RHNA. APP-032447 Page 13 of 19 housing need is 1,064 units, the reduction of 14 units on the designated sites does not materially affect Cupertino’s ability to meet the regional need. The Initiative and summarizes these changes as follows: [T]he City must follow its contingency plan to meet the RHNA, known as Scenario B and (discussed further in General Plan Appendix B),. Scenario B would involves the City removing Vallco Shopping District from its inventory of available sites for housing , adding other mere priority sites to the inventory, and also increasing the density/allowable units on some of the other priority sites. This part of the Initiative eliminates Scenario A from the Housing Element itself and it also references General Plan Appendix B,S “the Housing Element Technical Report,” which is part of the General Plan and “provides detailed background information to meet all requirements of State Housing Element law.” (Page HE-4.) However, the Initiative does not make conforming changes in Appendix B to be consistent with the Initiative. Thus, if the Initiative is adopted, Appendix B would continue to state that Scenario A is the preferred alternative and Scenario B is a contingency plan. Since this is inconsistent with the changes made to the Housing Element by the Initiative, the Initiative will create an internal inconsistency in the General Plan. However, the Initiative directs the City to revise all other provisions of the General Plan “to make them conform with the provisions of this Initiative.” In the event that the Initiative is challenged in court, it is likely that a court would construe this language as authorizing the City Council to revise the background information contained in Appendix B to be consistent with the policies established by the Initiative. See Pala Band of Mission Indians v. San Diego County (1997) 54 Cal.App.4th 565, 577 n.8. 2. Amendments Regarding Figure HE-1, Priority Housing Element Sites; and Table HE-5, Summary of Priority Housing Sites (pages 11-14 of the Initiative). The Initiative deletes from the Housing Element existing Figure HE-1, a map entitled “Priority Housing Element Sites: Scenario A,” and replaces it with a similar map (Figure B-8, Appendix B, page B-148) entitled “Priority Housing Element Sites: Scenario B,” which is to be relabeled Figure HE-1. The Initiative also deletes from the Housing Element Table HE-5: “Summary of Priority Housing Element Sites to Meet the RHNA-Scenario A,” and replaces it with a similar table (Appendix B, page B-153) entitled Table 5.5: “Summary of Priority Housing Sites: Scenario B,” which is to be relabeled as Table HE-5. APP-033448 Page 14 of 19 The Initiative’s replacement of existing Table HE-5 (Scenario A) with a new Table HE-5(Scenario B) has the following effects: Total Realistic Capacity. Priority housing sites designated in Scenario A can realistically accommodate 1,400 residences. Priority sites designated in Scenario B can realistically accommodate 1,386 residences. Since Cupertino’s share of the regional housing need totals 1,064 units, the reduction of 14 units by the Initiative does not materially affect Cupertino’s ability to meet the regional need. Location of Priority Housing Sites. The Initiative removes the Vallco Shopping District as a priority housing site. It adds two priority housing sites: Glenbrook Apartments, located in the Heart of the City Special Area, with the capacity for 58 net new units; and Homestead Lanes, located in the Homestead Special Area, with the capacity for 132 units. Scenario B also increases the maximum density of The Hamptons, located in the North Vallco Park Special Area, from 85 units per acre to 99 units per acre and increases its capacity for net new units from 600 to 750. Scenario B increases the maximum density of The Oaks Shopping Center from 30 units per acre to 35 units per acre and increases its capacity from 200 to 235 units. By special area, the changes are as follows. Scenario B removes 389 units from the Vallco Shopping District; adds 132 units to the Homestead Special Area; adds 150 units to the North Vallco Park Special Area; and adds 93 units to the Heart of the City Special Area. Need for Additional Rezoning or General Plan Amendments. Notes (a) and (b) to Table 5.5 state that a general plan amendment and zoning change will be needed to allow increased density on site B1 (The Hamptons) and site B2 (The Oaks). By replacing Scenario A with Scenario B, the Initiative amends the General Plan to allow increased density at The Hamptons and at The Oaks. No additional zoning amendments will be needed. Both sites are zoned P with a residential designation (P (Res)) for The Hamptons and P(CG, Res) for The Oaks). The P (Planned Development) zone provides that for sites with a residential designation listed as a Priority Housing Site in the Housing Element, residential development that does not exceed the number of units designated for the site is a permitted use. (Cupertino Municipal Code Section 19.80.030(F)(2).) Consequently, no zoning amendment will be required. Similarly, the Initiative designates the Homestead Lanes site as having a density of 35 units per acre; no zoning change will be required to increase the density on the site, despite the statement in footnote (c) of the table. However, because the site’s existing zoning does not allow residences (zoning of P(CG) and P(Rec, Enter), rezoning APP-034449 Page 15 of 19 will be required to allow residential uses, as discussed further in Sections D.3 and D.4 below.7 Ability to Modify Community Form Diagram Regarding Hamptons, Oaks, and Homestead Lanes Sites. New Policy LU-3.0 in the Initiative states that the Community Form Diagram shall be “conformed” to “the density changes identified in Footnotes (a) through (c) in the new Table HE 5.5 [previously Appendix B Table 5.5].” Footnotes (a) through (c) refer to The Hamptons, The Oaks, and Homestead Lanes sites. This provision of new Policy LU-3.0 is apparently intended to allow at least the density limits shown in the Community Form Diagram to be increased for these three sites to conform with the densities shown in Scenario B. It is not clear if Policy LU-3.0 was also intended to allow height limits to be increased if necessary to accommodate the increased densities on the sites. However, because Scenario B in the existing Housing Element did not propose any height increases to accommodate the increased densities, most likely it was not intended to allow height increases on these sites. Other Implications of Designating Sites as Housing Element Sites. If a site is shown in the Housing Element to accommodate a portion of the City’s regional housing need, the City must make findings if it proposes to approve a project with fewer units than shown in the Housing Element. In that case, the City must demonstrate that adequate sites remain to meet the City’s fair share of the regional need at all income levels, or must designate alternative sites to meet that need. (Gov’t Code §65863.) If the Initiative is adopted, this requirement will apply to any proposal to construct or approve fewer units than are shown in the “Summary of Priority Sites: Scenario B.” 3. Amendments Regarding Implementing Strategies – Strategy 1, Land Use Policy and Zoning Provisions, fifth bullet point (page 15 of the Initiative). The Initiative removes all statements from Housing Element Strategy 1 regarding the adoption of a specific plan for the Vallco Shopping District to permit 389 housing units and makes associated changes regarding Scenario B. The changes to this Strategy have the following effects: General Plan and Zoning Designations. The Initiative states that the General Plan and zoning designations will allow the densities shown in Scenario B on the priority housing sites. As explained in Section D.2 above, it is correct that, if the Initiative is adopted, the 7 Note that the table above does not accurately show the existing zoning of Homestead Lanes, which is zoned P(CG) and P(Rec, Enter). The existing General Plan permits both commercial and residential uses (C/R). APP-035450 Page 16 of 19 General Plan and zoning designations will allow the densities shown in Scenario B for the priority housing sites. Deletion of Language Describing Scenario B. The Initiative deletes language stating that Scenario B: (a) adds two additional sites to the inventory (Glenbrook Apartments and Homestead Lanes) and (b) adds an increased number of permitted units at The Hamptons and The Oaks. However, the deleted language accurately describes Scenario B. Removal of Timeline for Rezoning. The Initiative deletes language stating that if the specific plan and rezoning for Vallco are not adopted within three years of Housing Element adoption, or by May 31, 2018, the City will hold hearings to consider adoption of Scenario B. The Initiative states that Homestead Lanes will need to be rezoned to “allow residential uses by right at a minimum density of 20 units per acre” but contains no date by which this must be accomplished. Under State law, all rezonings required to designate adequate housing element sites must be accomplished “no later than three years after…the date that the housing element is adopted,” unless a one-year extension is provided. (Gov’t Code §§ 65583(c)(1)(A), 65583(f).) The Initiative does not state that the rezoning of Homestead Lanes will be accomplished within the three- to four-year period required by State law. (See also discussion of timing in Section D.4 below.) ‘By Right’ Zoning of Homestead Lanes. The Initiative states that any rezoning of Homestead Lanes will “allow residential uses by right at a minimum density of 20 units per acre.” The phrase “use by right” is defined by state law to mean that the City may not require any discretionary review for residences on the Homestead Lanes site that would be subject to the California Environmental Quality Act (CEQA). The City may require design review approval for the residences, but any design review approval is also not subject to CEQA. (Gov’t Code § 65583.2(i).) This provision means that, after any required rezoning is completed for Homestead Lanes, the City may only require design review approval for residences, and residential development will not be subject to CEQA or other discretionary approvals. 4. Elimination of Table Regarding Strategy 1 (pages 15-16 of the Initiative). The Initiative deletes the following table from Strategy 1: APP-036451 Page 17 of 19 Cupertino Department of Responsible Agencies: Community Development/ Planning Division Ongoing; Adopt Specific Plan and rezoning for Vallco by May 31, Time Frame: 2018; otherwise, conduct public hearings to consider adoption of “Scenario B” of sites strategy. Funding Sources: None required 1,064 units (178 extremely low-, 178 very low-, 207 low-, Quantified Objectives: 231 moderate- and 270 above moderate-income units) State law requires that each of the actions identified in the Housing Element must have a “timeline for implementation.” (Gov’t Code § 65583(c).) The Housing Element must also “include an identification of the agencies and officials responsible for the implementation of the various actions.” (Gov’t Code § 65583(c)(7).) The rezoning of the Homestead Lanes site must be accomplished “no later than three years after…the date that the housing element is adopted,” or by May 31, 2018, unless a one-year extension is provided. (Gov’t Code §§ 65583(c)(1)(A), 65583(f).) Since the entire table following Strategy 1 has been deleted, the Housing Element as modified by the Initiative will contain no timeline for implementing any of the actions contained in Strategy 1, will not identify the agencies and officials responsible for implementing the actions contained in Strategy 1, and will not commit to rezoning the Homestead Lanes site by May 31, 2018. Therefore Strategy 1 will not contain all of the content required by the housing element statute. The deletion by the Initiative of the table following Strategy 1 also will remove all quantified objectives for housing at specified income levels. The quantified objectives included in the deleted table show that Strategy 1 can accommodate the City’s entire share of the regional need at each income level. The quantified objectives for the other strategies in the City’s Housing Element do not show how the City will meet the regional need. A city cannot take an action inconsistent with, or preempted by, state law. Cal. Const. Art. XI, § 7. An initiative amendment must conform with all formal requirements and may not lack any of the content specified by statute for the mandatory elements of the general plan. See DeVita v. County of Napa (1995) 9 Cal.4th 763, 796 n.12. If a general plan amendment is “substantively deficient, then it may be challenged APP-037452 Page 18 of 19 on that basis.” Id. Substantial compliance with state housing element law “means actual compliance in respect to the substance essential to every reasonable objective of the statute,’ as distinguished from ‘mere technical imperfections of form.’” Fonseca v. City of Gilroy (2007) 148 Cal.App.4th 1174, 1185. In Friends of Aviara v. City of Carlsbad (2012) 210 Cal.App.4th 1103, 1113, the Court of Appeal ordered Carlsbad to adopt a timeline for completing a program shown in its housing element but did not require Carlsbad to vacate its adoption of its housing element. If a court were to find that the absence of a timeline, responsible agency, and quantified objectives for Strategy 1 are inconsistent with state law, it would have discretion to mandate a variety of remedies. See DeVita, 9 Cal. 4th at 796 n.12 (citing Concerned Citizens of Calaveras County v. Board of Supervisors (1985) 166 Cal.App.3d 90, 103-04). Under Friends of Aviara, a court would likely order the City to correct the deficiencies in the Housing Element rather than directing that the entire Initiative be invalidated. V. PART V. EXEMPTION FOR CERTAIN PROJECTS (Page 16 of the Initiative) This Part of the Initiative states that the Initiative shall not apply to any development project that has obtained, prior to the Initiative’s effective date, a vested right pursuant to state law. This Part appears to be designed to insulate the Initiative from a legal claim that it constitutes an unconstitutional “taking” or otherwise violates the property owner of a landowner or developer that has already obtained a legal right to proceed with a specific development project. The courts have found that similar clauses in other land use initiatives generally preclude any claim that the initiative, on its face, constitutes an unconstitutional taking in such circumstances. See Shea Homes Limited Partnership v. Alameda County (2003) 110 Cal.App.4th 1246, 1266-67. Instead, any development project that obtained a vested right to develop prior to the Initiative’s effective date would—to the extent of that vested right—be fully exempt from the Initiative. VI. PART VI. EFFECTIVE DATE, PRIORITY, AND CONSISTENCY (Page 16 of the Initiative) This Part of the Initiative states that it shall become effective immediately upon the certification of the election results. This statement conflicts with the Elections Code, which provides that an adopted initiative “shall go into effect 10 days after that date.” Elections Code § 9217. A court would almost certainly conclude that the Elections Code governs the effective date of the Initiative. This Part also directs the City to revise and amend all other provisions of the City’s ordinances, plans, and law, within six months “to make them conform with the APP-038453 Page 19 of 19 provisions of this Initiative” and provides that “until such time” as these changes are made, “the provisions of this Initiative shall prevail over any conflicting provisions.” Most land use initiatives contain somewhat similar “conformity” provisions authorizing and directing the governing city council or board of supervisors to implement the measure’s terms. As noted above, to the extent that this provision simply directs that the City implement the Initiative and revise subordinate laws to conform with the General Plan, it appears to be valid. See Pala Band of Mission Indians v. San Diego County (1997) 54 Cal.App.4th 565, 577 n.8. However, to the extent that it elevates the General Plan provisions proposed by the Initiative over other provisions of the General Plan, a court might find that it creates an could unlawful precedence clause. See Sierra Club v. Kern County (1981) 126 Cal.App.3d 698, 703-08. As discussed in Part III(A) of the Report, this conformity provision could also require the City to amend various provisions of the City’s Zoning Ordinance and other planning documents. VII. PART VII. SEVERABILITY (Page 16 of the Initiative) This Part of the Initiative contains a standard “severability” clause, similar to those found in most laws. This clause is designed to protect the rest of the Initiative if one or more provisions are held invalid by a court. VIII. PART VIII: AMENDMENT OR REPEAL (Page 16 of the Initiative) This Part of the Initiative states that, except as indicated therein, no provision of the Initiative may be amended without voter approval. As detailed on pages 6-7 above, this provision appears to apply only to the provisions of the General Plan that are adopted, amended, or deleted by the Initiative. It does not apply to the development allocations in Table LU-1 that the Initiative leaves unchanged. The effect of this language is discussed in Part IV.A. of this Appendix and in Part III.A.6 of the 9212 Report. 764040.9 APP-039454 Cupertino 9212 Report Appendix 3 Appendix 3 California Elections Code, Section 9212 (a) During the circulation of the petition, or before taking either action described in subdivisions (a) and (b) of Section 9214, or Section 9215, the legislative body may refer the proposed initiative measure to any city agency or agencies for a report on any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. (b) The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition. APP-040455 Appendix 4 City Council of Cupertino Resolution No. 16-009 APP-041456 RESOLUTION NO. 16-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DIRECTING CITY STAFF TO PREP ARE A REPORT ON THE EFFECTS OF THE PROPOSED INITIATIVE ENTITLED, "INITIATIVE AMENDING CUPERTINO'S GENERAL PLAN TO LIMIT REDEVELOPMENT OF THE V ALLCO SHOPPING DISTRICT, LIMIT BUILDING HEIGHTS AND LOT COVERAGES IN AREAS THROUGHOUT THE CITY, ESTABLISH NEW SETBACKS AND BUILDING PLANES ON MAJOR THOROUGHFARES, AND REQUIRE VOTER APPROVAL FOR ANY CHANGES TO THESE PROVISIONS" AND TO APPROPRIATE FUNDS FOR THE PREPARATION OF THE REPORT WHEREAS, on November 24, 2015, the Cupertino Residents for Sensible Zoning Action Committee submitted to the City Clerk a Notice of Intent to circulate an initiative petition ("Initiative") and a request for the City Attorney to prepare the official ballot title and summary; and WHEREAS, the City Attorney thereafter prepared the official title and summary for the Initiative and provided it to the Initiative proponents; and WHEREAS, Elections Code section 9212 authorizes the City Council to direct City staff to prepare a report on the impacts of the Initiative, including seven specified types of impacts as well as on "any other matter" that the City Council requests to be included in the report; and WHEREAS, the City Council has determined that such a report would provide valuable information about the Initiative to the Council and to all interested residents of the City; and WHEREAS, this is not a project under provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines (collectively, "CEQA'l in that this is administrative action which does not involve a direct or reasonably foreseeable indirect impact on the physical environment; and; NOW THEREFORE, be it RESOLVED: 1. The City Council directs City staff to: APP-042457 Resolution No. 16-009 Page2 a. Prepare a Report on the effects of the Initiative pursuant to Elections Code section 9212, addressing each of the impacts specified in subsection (a)(l)-(7) of that section, to the extent applicable, as well as any other items identified by the City Council; and b. Retain, at the direction of the City Manager, any consultants that the City Manager determines are necessary to complete the Report, in an amount not to exceed $155,000.00; and c. Present the Report to the City Council no later than the latest date authorized by Elections Code section 9212(b ); and 2. The City of Cupertino's Operating Budget for the Fiscal Year 2015/2016 is hereby amended to appropriate $155,000.00 for the preparation of the Report. PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th date of January, 2016, by the following vote: Vote Members of the City Council AYES: Chang, Vaidhyanathan, Paul, Sinks, Wong NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ~sL,tt Grace Schmidt, City Clerk APP-043458 Appendix 5 9212 Environmental Analysis prepared by David J. Powers & Associates, Inc. March 24, 2016 APP-044459 9212 Environmental Analysis Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions March 24, 2016 Prepared for: City of Cupertino Prepared by: APP-045460 TABLE OF CONTENTS Section 1.0 Introduction .................................................................................................................. 1 Section 2.0 Development Scenarios Analyzed ............................................................................... 3 Section 3.0 Environmental Issues Analyzed ................................................................................... 4 Section 4.0 Environmental Analysis ............................................................................................... 5 4.1 Population and Housing ............................................................................................... 5 4.2 Transportation .............................................................................................................. 7 4.2.1 Transit, Bicycle, and Pedestrian Facilities ...................................................... 7 4.2.2 Roadway Infrastructure ................................................................................... 8 4.2.3 Freeway Infrastructure ..................................................................................... 9 4.3 Public Services ........................................................................................................... 10 4.3.1 Police Services............................................................................................... 10 4.3.2 Fire Services .................................................................................................. 11 4.3.3 School Services ............................................................................................. 12 4.3.4 Library Service .............................................................................................. 13 4.3.5 Parks/Recreation Facilities ............................................................................ 15 4.4 Utilities and Service Systems ..................................................................................... 16 4.4.1 Wastewater Treatment/Sewer System ........................................................... 16 4.4.2 Water ............................................................................................................. 17 4.4.3 Solid Waste .................................................................................................... 19 4.4.4 Energy ........................................................................................................... 20 4.5 Community Form ........................................................................................................ 22 References ..................................................................................................................................... 23 Attachments Attachment A: Sand Hill Development Company The Hills at Vallco Project Description Attachment B: The Hills at Vallco Draft EIR Project Description Attachment C: Referenced General Plan Policies APP-046461 9212 Environmental Analysis 1 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 SECTION 1.0 INTRODUCTION The Initiative analyzed in this report proposes changes to the City’s existing General Plan, which was updated and adopted in 2014.1 The General Plan (Community Vision 2015-2040) is the community’s vision for the City’s future and identifies the maximum development potential for the City through the year 2040. The General Plan “describes the community’s overall philosophy regarding the character and accessibility of existing and new neighborhoods and mixed-use corridors.”2 The General Plan “provides a framework for integrating the aspirations of residents, businesses, property owners and public officials into a comprehensive strategy for guiding future development and managing change. It describes long-term goals and guides daily decision making by the City Council and appointed commissions.”3 The environmental impacts associated with the General Plan buildout were evaluated in the certified 2014 General Plan Amendment, Housing Element Update and Associated Rezoning Environmental Impact Report (General Plan EIR).4 Because the Initiative proposes changes to the General Plan, this environmental analysis compares the changes proposed by the Initiative with what would occur under buildout of the adopted General Plan. The primary change proposed by the Initiative that would have environmental effects is a reduction in the amount of total new development allowed. Specifically, the Initiative proposes to remove the office and residential development allocations currently allowed in the Vallco Shopping District Special Area (Vallco) by the General Plan. The Initiative would result in a net decrease of 2.0 million square feet of office development and 146 dwelling units city-wide. The Initiative also proposes to increase the maximum allowable building height in General Plan designated Neighborhoods (76 percent of the total City land area) from 30 to 45 feet. Most of the Initiative’s proposed General Plan text changes and revised setback requirements would not result in significant environmental effects and, therefore, are not discussed further. 1 The official title of the Initiative is: “Initiative amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions.” The short title used by the Initiative’s proponents is: “Cupertino Citizens’ Sensible Growth Initiative.” 2 City of Cupertino. Community Vision 2015-2040. October 2015. Page I-7. 3 Ibid. Page I-6. 4 The General Plan EIR is the best resource available that evaluates the impacts of the adopted General Plan. The General Plan EIR analyzed more intense development and buildout of the City than ultimately approved by the City Council. Because the General Plan EIR analyzed more development than was ultimately approved by the City Council, the General Plan EIR provides a conservative analysis of the environmental impacts from the buildout of the adopted General Plan. The General Plan EIR is the best resource available that evaluates the impacts of the adopted General Plan. APP-047462 9212 Environmental Analysis 2 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 Table 1, below, summarizes the development allowed under the buildout of the General Plan as currently adopted, and under buildout of the General Plan as amended by the Initiative. The amount of development currently built and approved in the City is also listed in Table 1 for reference. As shown in Table 1, as amended by the Initiative, the General Plan would result in a net decrease of 146 dwelling units and 2.0 million square feet of office development city-wide compared to the adopted General Plan. Table 1: General Plan Buildout as Adopted and as Amended by the Initiative Current Built/Approved General Plan Buildout As Adopted As Amended by the Initiative Development Buildout Residential (units) 21,412 23,294 23,148 Office (square feet) 8,916,179 11,470,005 9,470,005 Retail/Commercial (square feet) 3,632,065 4,430,982 4,430,982 Hotel (rooms) 1,116 1,429 1,429 Maximum Building Height in Neighborhoods (feet) Not applicable 30 45 APP-048463 9212 Environmental Analysis 3 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 SECTION 2.0 DEVELOPMENT SCENARIOS ANALYZED Under the General Plan as amended by the Initiative, two potential scenarios were analyzed: 1) Vallco as an enhanced mall, which assumes that Vallco is renovated, improved, and successfully reoccupied; and 2) Vallco with 2016 occupancy, which assumes Vallco remains as it currently exists, with a 26 percent occupancy rate (the projected occupancy for the mall in April 2016 when JCPenney closes). For informational and comparison purposes, a variation on the adopted General Plan scenario, which assumes implementation of the 2015 application by Sand Hill Property Company (Sand Hill) to develop The Hills at Vallco project, is discussed. The assumptions for the Sand Hill proposal are derived from Sand Hill’s 2015 project description and the draft December 2015 project description prepared for the project Environmental Impact Report (EIR). These project descriptions are included as Attachment A. This scenario is included in the analysis to provide context as to what the potential environmental impacts of The Hills at Vallco project (which conforms with the General Plan assumptions for Vallco) would be, as well as the community benefits that the project would provide. While the Sand Hill proposal includes development within what is allowed on the site by the General Plan, it includes 550,000 fewer commercial square feet than the maximum amount allowed by the General Plan. It is assumed that this 550,000 square feet would be developed elsewhere in the City. Each development scenario analyzed is summarized in Table 2 below. All scenarios are compared to the buildout of the adopted General Plan, which is considered the basis of comparison for the environmental analysis in this 9212 Report. Table 2: Summary of Development Scenarios Scenarios Description 1a. Adopted General Plan Buildout of the adopted General Plan 1b. Adopted General Plan Assuming 2015 Sand Hill Proposal Buildout of the adopted General Plan, including the 2015 Sand Hill Property Company’s proposal for the Vallco Site (The Hills at Vallco) 2a. General Plan with Initiative Assuming Vallco as Enhanced Mall Buildout of the General Plan as amended by the Initiative, assuming Vallco is renovated, improved, and successfully occupied 2b. General Plan with Initiative Assuming Vallco with 2016 Occupancy Buildout of the General Plan as amended by the Initiative, assuming Vallco remains largely in its current state with the projected occupancy of 26 percent. APP-049464 9212 Environmental Analysis 4 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 SECTION 3.0 ENVIRONMENTAL ISSUES ANALYZED The comparative environmental analysis provided in this report is program level, based on buildout projections, and primarily qualitative. The environmental issues analyzed for each scenario are: • Population and Housing – housing, population, employees, and jobs-to-housing ratio; • Transportation – transit, bicycle, and pedestrian facilities, roadway infrastructure, and freeway infrastructure; • Public Services – police, fire, schools, libraries, and parks/recreational facilities; and • Utilities and Service Systems – wastewater, water, solid waste, and energy As discussed previously in Sections 1.0 and 2.0, the impacts of each scenario are compared to the impacts of the buildout of the current General Plan. The primary resource regarding the impacts of the General Plan buildout is the General Plan EIR.5 The environmental analysis of each development scenario is provided in the following section. 5 See Footnote 3. APP-050465 9212 Environmental Analysis 5 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 SECTION 4.0 ENVIRONMENTAL ANALYSIS The environmental analysis looks at the effects on population and housing, transportation, public services, and utilities and service systems on a citywide basis. Impacts specific to the Vallco site are discussed, as appropriate. All effects are compared to the adopted General Plan buildout. The impact analysis of the adopted General Plan buildout is based on, and discussed in full in, the certified General Plan EIR. Referenced General Plan policies are included in Attachment C. 4.1 POPULATION AND HOUSING A comparison of the housing units, population, jobs, and jobs-to-housing ratios for all scenarios is provided in Table 3 below. Adopted General Plan (Scenario 1a): Based on the amount of development allowed in the City (Table 1), Cupertino would have a population of approximately 68,484 and 51,800 jobs in 2040. Under the General Plan buildout, the jobs-to-housing ratio would be 2.22. That is, there would be 2.22 jobs per dwelling unit.6 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): This scenario would result in the same amount of development citywide as under the buildout of the adopted General Plan and the same population, jobs, and jobs to housing ratio as the adopted General Plan (see Scenario 1a above). • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): This scenario would result in the same amount of commercial and hotel development citywide as under the adopted General Plan buildout. Scenario 2a, however, would remove the housing allocation from Vallco and result in 146 fewer housing units citywide compared to the General Plan buildout. The net reduction in 146 housing units citywide equates to 429 fewer residents in the City. This scenario would also remove the office allocation from Vallco, resulting in a net reduction of 2.0 million square feet of office development (which equates to 6,666 fewer office jobs) citywide compared to the General Plan buildout. Under this scenario, the City’s jobs-to-housing ratio would be 1.95. There would be fewer jobs within the City per resident under Scenario 2a compared to Scenario 1a. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): This scenario would have the same population and housing as Scenario 2a, but would result in 1,969 fewer commercial jobs because the 1.2 million square feet of commercial space at Vallco is not fully occupied. In April 2016, 313,982 square feet (or 26 percent of the total 1.2 million square feet at Vallco) is projected to be occupied with the remaining square footage (74 percent) unoccupied. Therefore, the commercial jobs assumed at Vallco was based on the projected April 2016 occupied square footage. As a result, compared to the adopted General Plan buildout, Scenario 2b would have 1,969 fewer commercial jobs. Under this scenario, the City’s jobs-to-housing ratio would be 1.91. There would be fewer jobs within the City per resident under Scenario 2b compared to Scenario 1a. 6 In general, a jobs/housing imbalance can lead to longer commute trips and related increases in air pollutants and greenhouse gas emissions. APP-051466 9212 Environmental Analysis 6 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 Table 3: Comparison of Population and Housing Scenario 1a: Adopted General Plan Scenario 1b: Adopted General Plan Assuming 2015 Sand Hill Proposal Scenario 2a: General Plan with Initiative Assuming Vallco as Enhanced Mall Scenario 2b: General Plan with Initiative Assuming Vallco with 2016 Occupancy Housing Units 23,294 23,294 23,148 23,148 Population 7 68,484 68,484 68,055 68,055 Jobs 8 51,800 9 51,800 10 45,13411 44,23712 Jobs-to- Housing Ratio 2.22 2.22 1.95 1.91 7 Assumes 2.94 persons per household (City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Table 4.11-3, footnote b.). 8 Assumes 1 job/300 sf of office; 1 job/450 sf of commercial; 0.3 jobs/hotel room (City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Table 4.11-3, footnote c.) 9 11,470,005 office sf/300 = 38,233 office jobs; 4,430,982 commercial sf/450 = 9,847 commercial jobs; 1,429 hotel rooms/0.3 = 3,720 hotel jobs 10 While the Sand Hill development includes only a portion of the commercial square footage allowed on the Vallco site in the adopted General Plan, the remaining square footage would be available to be developed elsewhere in the City. For this reason, the city-wide commercial job assumption remains the same. 11,470,005 office sf/300 = 38,233 office jobs; 4,430,982 commercial sf/450 = 9,847 commercial jobs; 1,429 hotel rooms/0.3 = 3,720 hotel jobs 11 Scenario 2a assumes Vallco as an enhanced mall and all 1.2 million square feet is included in the commercial employee/jobs calculation. 9,470,000 office sf/300 = 31,567 office jobs; 4,430,982 commercial sf/450 = 9,847 commercial jobs; 1,429 hotel rooms/0.3 = 3,720 hotel jobs 12 While the total amount of commercial development assumed to exist citywide under this scenario would be the same as under Scenario 1a, only 313,982 square feet (or 26 percent) of the mall is projected to be occupied in 2016 with the remaining square footage unoccupied/vacant. For this reason, the commercial jobs were calculated assuming 313,982 commercial square feet at Vallco (instead of 1.2 million square feet). 9,470,000 office sf/300 = 31,567 office jobs; 3,544,964 commercial sf/450 = 8,950 commercial jobs; 1,429 hotel rooms/0.3 = 3,720 hotel jobs APP-052467 9212 Environmental Analysis 7 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 4.2 TRANSPORTATION 4.2.1 Transit, Bicycle, and Pedestrian Facilities Adopted General Plan (Scenario 1a): New development would be subject to General Plan policies that ensure adequate public transit, bicycle, and pedestrian facilities are available to the residents of Cupertino, including the following: M-1.3, M-2.1 through 2.6, M-3.2 through M-3.6, M-3.8 M-4.4, M-4.7, M-5.2, M-7.1, M-8.1, M-8.4, and M-10.1 (refer to Attachment C for referenced policies). For example, consistent with General Plan policy M-7.1, new development would be subject to Transportation Impact Analyses (TIAs) which include evaluating a development’s significant transit, bicycle, and pedestrian impacts and identifying mitigation measures, as they apply to the new development. No specific transit, bicycle, or pedestrian improvements were identified or required in the General Plan EIR to support the buildout of the General Plan.13 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, Sand Hill would redevelop Vallco and implement the following transit, bicycle, and pedestrian improvements separate from the improvements that would be required by the project TIA: − Funding a complementary community shuttle in coordination and partnership with the City, VTA, and corporate employers. − Improving existing bus stops along the Vallco site frontage. − Designating the existing bus stop on the north side of Stevens Creek between North Wolfe Road and Perimeter Road as a “Multi-Modal Transit Center,” which would include an associated 5,000 square foot building. − Dedicating curbside areas for commuter shuttles near the intersection of Vallco Parkway and Perimeter Road. − Restriping and coloring bicycle lanes on North Wolfe Road from Stevens Creek Boulevard to I-280. − Providing new bike trails and Class I-III bikeways following the proposed street grid pattern on the Vallco site. The proposed bicycle facilities would connect to existing bikeways on North Wolfe Road, Vallco Parkway, and Stevens Creek Boulevard. Bicycle parking racks, lockers, and charging areas for electric bicycles are proposed on-site. A bike hub is proposed on the western portion of the site. − Providing new pedestrian trails and sidewalks following the proposed street grid pattern on the Vallco site. − Improving sidewalks along North Wolfe Road from Stevens Creek Boulevard to I-280 by installing pedestrian-scale lighting and street furniture. − Replacing the existing, enclosed bridge over North Wolfe Road with a landscaped pedestrian bridge. 13 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Pages 4.13-64 and 4.13-65. APP-053468 9212 Environmental Analysis 8 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 Sand Hill also proposed to implement a Transportation Demand Management Program at Vallco to encourage alternative modes of transportation and include features such as the following (some of which are also listed above): − Carpool, carshare, and rideshare; − Complementary community shuttle in coordination and partnership with the City, VTA, and corporate employers; − Bicycle repair stations, hub, parking, and wayfinding features on-site; − Shower and changing facilities for office employees on the Vallco site; − A Multi-Modal Transit Center on-site that supports carpool, carshare, and rideshare programs; − Electric vehicle parking on-site; and − Financial incentives for future tenants and employees to walk, bicycle, or take transit. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 2a, renovation and improvement of Vallco would not likely require a TIA or improvements to existing transit, bicycle, and pedestrian facilities. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: If Vallco remains as it currently exists, no changes/improvements would be required to the existing transit, bicycle, and pedestrian facilities. 4.2.2 Roadway Infrastructure Adopted General Plan: Buildout of the General Plan would result in significant congestion at intersections.14 New development would be subject to General Plan policies that ensure the City’s roadway infrastructure supports existing and future development, including the following: M-1.2, M- 2.2, M-2.3, M-2.4, M-2.5, M-2.6, M-3.2, M-7.1, and M-8.3 (refer to Attachment C for referenced policies). For example, consistent with General Plan policy M-7.1, new development would be subject to a TIA that would evaluate a development’s significant transportation impacts and identify mitigation measures, as they apply to the new development. The City will prepare and implement a Transportation Mitigation Fee Program to guarantee funding for roadway and infrastructure improvements that would mitigate impacts resulting from the buildout of the General Plan.15 As part of the Transportation Mitigation Fee Program, the City will prepare a “nexus” study that will serve as the basis for requiring development impact fees. The Transportation Mitigation Fee will be required to be assessed when there is new construction, an increase in square footage in an existing building, or the conversion of existing square footage to a more intensive use. The City is currently in the initial stages of preparing the Transportation Mitigation Fee Program. 14 Ibid. Page 4.13-52. 15 Ibid. Pages 4.13-53 through 4.13-56. APP-054469 9212 Environmental Analysis 9 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, redevelopment of Vallco by Sand Hill would be subject to a TIA that would evaluate the project’s specific roadway infrastructure impacts and identify mitigation measures, as they applied to the redevelopment project. In addition, under Scenario 1b, Sand Hill proposed the following roadway infrastructure improvements separate from improvements that would be required by the project TIA: − Construct a new signalized intersection on North Wolfe Road between Vallco Parkway and the I-280 interchange; and − Modify the existing tunnel under North Wolfe Road to allow east-west access for emergency and service vehicles. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 2a, renovation and improvement of Vallco would not likely be subject to a TIA or require improvements to the existing roadway infrastructure. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: If Vallco remains as it currently exists, no changes/improvements would be required to the existing roadway infrastructure. 4.2.3 Freeway Infrastructure Adopted General Plan (Scenario 1a): Buildout of the General Plan would result in significant impacts to freeway segments.16 New development would be subject to General Plan policies, including policy M-7.1 which requires that new development is subject to TIAs that evaluate a development’s significant freeway impacts and identify mitigation measures, as they apply to the new development. Improvements to freeways are under the jurisdiction of the California Department of Transportation (Caltrans), not the City of Cupertino. The City will cooperate with Caltrans to identify improvements to the affected freeway segments and potentially include identified freeway improvements as part of the City’s Transportation Mitigation Fee Program so that proposed projects pay their fair-share towards mitigating improvements.17 The City is currently in the initial stages of preparing the Transportation Mitigation Fee Program. No specific freeway improvements are identified or required for the buildout of the General Plan. 16 Ibid. Page 4.13-59. 17 Ibid. Page 4.13-59. APP-055470 9212 Environmental Analysis 10 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, redevelopment of Vallco by Sand Hill would be subject to a TIA that would evaluate the project’s specific freeway impacts and identify mitigation measures, as they applied to the development. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 2a, renovation and improvement of Vallco would not likely require a TIA, improvements to existing freeway infrastructure, or fees to fund improvements to freeways. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: If Vallco remains as it currently exists, no TIA, changes/improvements to the existing freeway infrastructure, or fees to fund improvements to freeways would be required. 4.3 PUBLIC SERVICES 4.3.1 Police Services Adopted General Plan (Scenario 1a): Buildout of the General Plan would likely increase the number of calls for police services; however, buildout of the General Plan would not result in the need for expansion or addition of police facilities or personnel.18 New development would be subject to General Plan policies that would ensure adequate police protection services in the City including HS-4.1, HS-4.2, and HS-4.3 (refer to Attachment C for referenced policies). The General Plan EIR noted the increase in property tax revenue from buildout of the General Plan could offset additional costs incurred by the City to increase its service contract with the Sheriff’s Department, if required.19 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer square feet of office development citywide compared to Scenario 1a. Less development would require less police service. The demand for police protection services citywide, therefore, would be proportionally less under Scenario 2a than Scenario 1a. 18 Ibid. Page 4.12-11. 19 Ibid. Pages 4.12-12 and 4.12-13. APP-056471 9212 Environmental Analysis 11 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 Vallco-Specific Analysis: The level of demand for police services at the mall under Scenario 2a would be slightly more than under Scenario 2b given the level of occupancy assumed. In any active shopping mall, theft crimes comprise the majority of incidents, specifically shoplifting or the left of valuables from patrons’ vehicles. As patrons and activity at Vallco increases, whether as an enhanced mall (Scenario 2a) or mixed use property (Scenario 1b), it is anticipated that these instances of crime would increase as well.20 • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The analysis for this scenario would be the same as for Scenario 2a but Vallco will be 26 percent occupied. Vallco-Specific Analysis: In contrast to the Vallco-specific analysis for Scenario 2a, vacant and underutilized properties (such as Vallco with 2016 occupancy) can serve as incubators for different types of crime such as vandalism, drug sales, or trespass. Vallco under Scenario 2b, therefore, would continue to require polices services (though less populated) to prevent and respond to crimes. 4.3.2 Fire Services Adopted General Plan (Scenario 1a): As described in the certified General Plan EIR, the existing fire protection facilities, equipment, and staff are adequate to accommodate growth anticipated from the buildout of the General Plan.21 New development would be subject to General Plan policies that would ensure adequate fire protection in the City including HS-3.1, HS-3.2, HS-3.3, HS-3.4, HS-3.7, and HS-3.8 (refer to Attachment C for referenced policies) and the City’s Fire Code per Municipal Code Chapter 16.40. The certified General Plan EIR noted the increase in property tax revenue from buildout of the General Plan would result in additional funding being available to the Fire Department for future growth, if needed.22 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer square feet of office development citywide compared to Scenario 1a. Less development would require less fire service. The demand for fire protection services citywide, therefore, would be proportionally less under Scenario 2a than Scenario 1a. 20 County of Santa Clara, Office of the Sheriff. Cupertino Citizen’s Sensible Growth Initiative. March 1, 2016. 21 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Page 4.12-7. 22 Ibid. APP-057472 9212 Environmental Analysis 12 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The analysis for this scenario would be the same as for Scenario 2a but under this scenario, Vallco will be 26 percent occupied. Vallco-Specific Analysis: The level of demand for fire services at the mall under Scenario 2b could be similar as under Scenario 2a. Vacant and underutilized properties continue to require fire protection services in response to arson and service calls requiring emergency medical response. 4.3.3 School Services Adopted General Plan (Scenario 1a): With the buildout of the General Plan, there would be 1,882 more dwelling units than currently exist. This net increase in dwelling units would generate approximately 735 new students (471 elementary school students, 132 middle school students, and 132 high school students).23,24 As required by Senate Bill 50, all new development is required to pay school impact fees based on a development’s square footage. Under SB 50, payment of school impact fees provides full and complete school facilities mitigation for new development associated with buildout of the General Plan. Generally, local schools are directly impacted by residential development in that school-age children living in the new development would attend the local public schools. Non-residential development (e.g., commercial or office development) does not directly generate residents or school-aged children. Residential and non-residential developments, however, are both required to pay school impact fees. With the school impact fees collected, local school districts (Cupertino Union School District, Fremont Unified High School District, and Santa Clara Unified School District) can implement facility improvements, as necessary. While it is acknowledged that school facility improvements may occur over the buildout of the General Plan, no specific physical school improvements were identified or required as part of the General Plan buildout.25 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, in addition to paying the required school impact fees, Sand Hill proposed to provide funding for the following school benefits for Cupertino Union School District: construct a new 700-student elementary school; replace all portable/temporary classrooms at Collins Elementary School with permanent classrooms; 23 Elementary and middle school students were estimated using the student generation rates of 0.25 elementary school students/unit and 0.07 middle school students/unit (City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Page 4.12-15, footnotes 24 and 25). 24 High school students were estimated using the student generation rate of 0.07 students/unit (City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Page 4.12-16, footnote 29). 25 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Pages 4.12-19 and 4.12-20. APP-058473 9212 Environmental Analysis 13 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 improve the existing play fields at the former Nan Allan Elementary School and Collins Elementary School; create and fund of $1 million endowment for the 8th grade Yosemite Science Program; and pay in lieu parcel tax payments for the non-senior market rate apartments as though they were separate parcels rather than a single parcel, per current taxes and parcel taxes as authorized in the future. Sand Hill also proposed to fund the following benefits for the Fremont Union High School District: construct a 10,000 square foot High School “Innovation Center” at Vallco that would be available to the High School District for rent for 34 years and pay in lieu parcel tax payments for the non-senior market rate apartments as though they were separate parcels rather than a single parcel, per current taxes and parcel taxes as authorized in the future. 26 • Scenario 2a (General Plan with Initiative Assuming Vallco is Enhanced Mall): As under Scenario 1a, new development citywide under Scenario 2a would be required to comply with SB 50 and pay school impact fees. Compared to Scenario 1a, Scenario 2a would result in 146 fewer housing units and 2.0 million fewer square feet of office development citywide. A reduction in 146 dwelling units citywide would result in 57 fewer students (37 fewer elementary school students, 10 fewer middle school student, and 10 fewer high school students) compared to Scenario 1a. The total amount of impact fees collected by the local school districts would be reduced proportionately by the reduction in development allowed citywide. Vallco-Specific Analysis: Under Scenario 2a, no school impact fees would be required for the renovation and improvement of Vallco. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis and impacts for this scenario would be the same as for Scenario 2a. Vallco-Specific Analysis: Under Scenario 2b, no school impact fees would be required if Vallco remained in its current state. 4.3.4 Library Service Adopted General Plan (Scenario 1a): Buildout of the General Plan would result in total of 23,294 dwelling units citywide and a population of 68,484. The buildout of the General Plan would result in 5,533 new residents in the City over the next 25 years, compared to existing conditions (population of approximately 62,950).27 Only residents of Santa Clara County can apply for a library card. For example, employees working in Cupertino who are not residents but live elsewhere in Santa Clara County qualify for a library card. The analysis in the certified General Plan EIR concluded that the existing employees and library facilities in the Santa Clara County Library system would be sufficient to accommodate the increased 26 Schoolhouse Services. Enrollment and Fiscal Analysis for the: The Hills at Vallco. February 2016. 27 Existing 2016 population was estimated by multiplying the existing number of dwelling units in the City (21,412) by 2.94 average persons per household. APP-059474 9212 Environmental Analysis 14 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 demand in library services from buildout of the General Plan and that no physical expansion of library facilities is required.28 Note that library services are primarily funded by County property taxes. As properties within the City redevelop, it is anticipated that the value of the redeveloped properties would increase, thereby increasing the amount of County property taxes collected and provided to fund library services. • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, County property taxes (a portion of which funds library services) for Vallco would substantially increase compared to existing conditions (Scenario 2b) due to the redevelopment of the site and the payment of in-lieu parcel tax payments for the non-senior market rate apartments as though they were separate parcels rather than a single parcel, per current taxes and parcel taxes as authorized in the future. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The Initiative would result in 146 fewer dwelling units citywide, which equates to 429 fewer residents citywide, compared to Scenario 1a. The demand for library services from residents, therefore, would be less under Scenario 2a than Scenario 1a. The Initiative would also result in 2.0 million fewer square feet of office development (which equates to approximately 6,667 fewer employees) citywide, compared to Scenario 1a. The demand for library services from office employees under this scenario, therefore, would be proportionately less compared to Scenario 1a. Vallco-Specific Analysis: Under Scenario 2a, County property taxes (a portion of which funds library services) for Vallco would increase compared to existing conditions (Scenario 2b) proportionate to the level of renovation and improvements completed. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis for this scenario would be the same as Scenario 2a, but Vallco will be 26 percent occupied. Vallco-Specific Analysis: The library demand from employees at the mall would be proportionately less than if all 1.2 million square feet of the mall were occupied (Scenario 2a). There would be no increase in County property taxes (or funding for library services) from Vallco if it remains in its current state. 28 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Page 4.12-24. APP-060475 9212 Environmental Analysis 15 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 4.3.5 Parks/Recreation Facilities Adopted General Plan (Scenario 1a): The City has a current population of 62,950 people and approximately 156 acres29 of parkland in the City, which equates to 2.5 acres of parkland per 1,000 residents. The City is not currently meeting its parkland goal of providing three acres of parkland per 1,000 residents (Policy RPC-1.2). Buildout of the General Plan would increase the current population by 5,533 people. This net increase in population would require 5.5 acres of parkland, pursuant to GP Policy RPC-1.2. No specific parkland or recreational facility improvements were identified are required for the buildout of the General Plan. New residential development under the General Plan would be subject to the City’s Municipal Code which requires residential developers to pay impact fees to maintain existing parks and recreational facilities (Chapter 14.05 of the Muni Code) and dedicate parkland or pay in-lieu fees to accommodate and offset their fair share of impacts to parklands (Chapter 18.24 of the Muni Code). In addition, the General Plan includes policies that would assist the City in meeting its parkland goal of three acres of parkland per 1,000 residents including RPC-1.1, RPC-1.2, RPC-2.1, RPC-2.5, RPC- 2.3, RPC-2.4, RPC-5.1, RPC-6.2 and RPC-8.1 (refer to Attachment C for referenced policies). • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Specifically for the redevelopment of Vallco under Scenario 1b, Sand Hill would offset the development’s park and recreational needs by paying the required fees and providing private amenity space, two “town squares” totaling three acres, and a 30- acre green roof with publically accessible active and passive open spaces. In addition, under Scenario 1b, Sand Hill proposed to improve the existing play fields at the former Nan Allan Elementary School and Collins Elementary School. Pursuant to the City’s Municipal Code, The Hills at Vallco project would be required to provide a little over four acres of parkland. The proposed town squares and green roof total approximately 33 acres; therefore, redevelopment of Vallco under Scenario 1b would exceed the amount of parkland required by the City. The employees of the proposed office and commercial uses at Vallco under Scenario 1b could also utilize parks and open space in the City. The City does not, however, have a parkland goal for employees. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): As under Scenario 1a, new residential development citywide under Scenario 2a would be subject to park maintenance fees and would be required to dedicate parklands or pay in-lieu fees to accommodate and offset their fair share of impacts to parkland. New residential development 29 Ibid. Page 4.12-31. APP-061476 9212 Environmental Analysis 16 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 would also be subject to applicable General Plan policies that assist the City in meeting the park and recreational needs of the community. Compared to Scenario 1a, Scenario 2a would result in 146 fewer housing units and 2.0 million fewer square feet of office development citywide. The reduction in development allowed under Scenario 2a compared to Scenario 1a would result in a proportional reduction in use of existing park and recreational facilities and a proportional reduction in the need for new or expanded park and recreational facilities. The park impact fees collected by the City from new residential development and the dedication of new parkland or payment of in-lieu fees would be reduced proportionately with the reduction in residential development allowed. Vallco-Specific Analysis: No park impact fees or dedication of parklands (or payment of in- lieu fees) would be required if Vallco is renovated and improved because no new residential development would occur at Vallco. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis and impacts for this scenario would be the same as for Scenario 2a, but Vallco will be 26 percent occupied. Vallco-Specific Analysis: The park/recreational facility demand from mall employees under Scenario 2b, therefore, would be proportionately less than if all 1.2 million square feet of the mall were occupied (Scenario 2a). No park impact fees or dedication of parklands (or payment of in-lieu fees) would be required if Vallco remains in its current state because no new residential development would occur at Vallco. 4.4 UTILITIES AND SERVICE SYSTEMS 4.4.1 Wastewater Treatment/Sewer System Adopted General Plan (Scenario 1a): Buildout of the General Plan would not exceed the design or permitted capacity of the wastewater treatment plants serving the City (i.e., the San José/Santa Clara Regional Wastewater Facility and City of Sunnyvale Water Pollution Control Plant). Both plants have excess capacity and no physical expansion of existing plant facilities are needed.30 In addition, the City has sufficient wastewater treatment allocations at the plants to serve the buildout of the General Plan.31 New development under the General Plan may exceed the capacity of the local collection system. Project-specific review is required when new development is proposed to determine if sufficient capacity exists to serve the development and improvements to the local collection system may be required as a condition of approval. 30 Ibid. Pages 4.14-33 through 4.14-41. 31 Cupertino Sanitary District. District Response to your letter dated November 10, 2015. December 8, 2015. APP-062477 9212 Environmental Analysis 17 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, preliminary analysis indicated that the Sand Hill development at Vallco would require the construction of a parallel pipe to the existing 15-inch sewer main in Wolfe Road to provide adequate sewer service to the proposed development.32 Downstream capacity of the sewer collection system would also need to be considered and other improvements may be necessary. This improvement would be constructed as part of the Sand Hill project. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer square feet of office development citywide compared to Scenario 1a. The demand for sewer conveyance and treatment citywide, therefore, would be less under Scenario 2a than Scenario 1a. Vallco-Specific Analysis: Under Scenario 2a, no sanitary sewer improvements would be required at Vallco. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis and impacts for this scenario would be the same as Scenario 2a, but Vallco will be 26 percent occupied. Vallco-Specific Analysis: The amount of sewage generation from the mall under Scenario 2b would be proportionately less than if all 1.2 million square feet of the mall were occupied (Scenario 2a). Under Scenario 2b, no sanitary sewer improvements would be required at Vallco. 4.4.2 Water Adopted General Plan (Scenario 1a): There is sufficient water supply from San José Water Company and CalWater to serve buildout of the General Plan. No new or expanded entitlements are required. 33 New development under the General Plan would be subject to existing water regulations that promote water efficiency and conservation including the following: − Water Conservation Act of 2009 − 2010 California Plumbing Code − Cupertino’s Landscaping Ordinance − Cupertino’s Water Conservation Ordinance − San José Water Company’s, CalWater’s, and Santa Clara Valley Water District’s water supply and demand management strategies and water shortage contingency plans − Cupertino Municipal Code (including Green Building Ordinance) 32 Cupertino Sanitary Sewer District. Letter RE: Questions regarding Cupertino Sanitary District Services relative to Vallco Development. Received November 19, 2015. 33 City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. Page 4.14-22. APP-063478 9212 Environmental Analysis 18 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 In addition, new development would be subject to General Plan policies that ensure adequate water supply within the City including the following ES-7.1, ES-7.2, ES-7.4, ES-7.5, ES-7.6, ES-7.7, ES- 7.8, ES-7.9, ES-7.10, and ES-7.11 (refer to Attachment C for referenced policies). • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, Sand Hill would reroute the existing water main in North Wolfe Road to Perimeter Road to connect to the existing water main in I-280. In addition, Sand Hill would provide the benefit of extending the existing City of Sunnyvale recycled water infrastructure that is located north of the site under I-280, south on North Wolfe Road to Stevens Creek Boulevard to provide recycled water service to the Vallco site. The redevelopment of Vallco under Scenario 1b would be LEED Platinum (or equivalent), which would result in greater water efficiency and reduced water demand than assumed for the site under Scenario 1a. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer office square footage citywide compared to Scenario 1a. Less development would result in less water demand. Water demand citywide under Scenario 2a, therefore, would be proportionately less than under Scenario 1a but that the amount of the reduction would be lessened by the inefficiencies at Vallco discussed below. Vallco-Specific Analysis: Scenario 2a assumes Vallco is renovated, improved, and successfully reoccupied. The water efficiency of the existing mall fixtures are from the water efficiency standards at the time they were constructed (mid-1970s with tenant improvements in the early 1990s). It is assumed that the water efficiency of the existing, occupied mall spaces would not be updated, and that recycled water infrastructure would not be extended to the site as under Scenario 1b. Any renovations and improvements completed are assumed to meet current water efficiency standards as assumed under Scenario 1a. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer office square footage citywide compared to Scenario 1a. Less development would result in less water demand. Water demand citywide under Scenario 2b, therefore, would be proportionately less than under Scenario 1a but the amount of the reduction would be lessened by the inefficiencies at Vallco discussed below. Vallco-Specific Analysis: Scenario 2b assumes Vallco will be 26 percent occupied. The water demand at the mall under Scenario 2b, therefore, would be proportionately less than if all 1.2 million square feet of the mall were occupied (Scenario 2a). Water efficiency of the existing mall fixtures are from the water efficiency standards at the time they were constructed (mid-1970s with tenant improvements in the early 1990s). It is assumed that the water efficiency of the existing, occupied mall spaces would not be updated, and that recycled water infrastructure would not be extended to the site as under Scenario 1b. APP-064479 9212 Environmental Analysis 19 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 4.4.3 Solid Waste Adopted General Plan (Scenario 1a): Most of the City’s solid waste is disposed at Newby Island Sanitary Landfill (NISL). NISL has an estimated closure date of 2025 and the City’s contract with NISL expires in 2023, therefore, the City must find an alternative landfill to serve the City’s need in approximately 10 years. The following mitigation measure was identified in the General Plan EIR: Mitigation Measure UTIL-8: The City shall continue its current recycling ordinances and zero waste policies in an effort to further increase its diversion rate and lower its per capita disposal rate. In addition, the City shall monitor solid waste generation volumes in relation to capacities at receiving landfill sites to ensure that sufficient capacity exists to accommodate future growth. The City shall seek new landfill sites to replace the Altamont and Newby Island landfills, at such time that these landfills are closed. In addition, new development would be subject to applicable General Plan policies that ensure adequate waste collection and disposal facilities including the following INF-7.1, INF-7.2, INF-7.3, and INF-8.1 (refer to Attachment C for referenced policies), as well as the City’s Construction and Demolition Recycling Diversion Requirements (Municipal Code Chapter 16.72). • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The analysis for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Under Scenario 1b, construction and demolition debris would be generated from the redevelopment of Vallco. Like all new development citywide, Sand Hill would be required to meet the City’s Construction and Demolition Recycling Diversion Requirements, in compliance with Municipal Code Chapter 16.72. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer office square footage citywide compared to Scenario 1a. Less development would result in less solid waste being generated. Solid waste generation citywide under Scenario 2a, therefore, would be less than under Scenario 1a. It is anticipated Mitigation Measure UTIL-8 would still be required under Scenario 2a. Vallco-Specific Analysis: Under Scenario 2a, renovation and improvement of Vallco would generate construction and demolition debris. Like all development citywide, the developer would be required to meet the City’s Construction and Demolition Recycling Diversion Requirements, in compliance with Municipal Code Chapter 16.72. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The analysis for this scenario would be the same as for Scenario 2a but Vallco will be 26 percent occupied. Vallco-Specific Analysis: The solid waste generation from the mall under Scenario 2b would be proportionately less than if all 1.2 million square feet of the mall were occupied (Scenario 2a). No construction or demolition debris would be generated at Vallco under Scenario 2b. APP-065480 9212 Environmental Analysis 20 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 4.4.4 Energy Adopted General Plan (Scenario 1a): Buildout of the General Plan would not significantly increase demands for electricity and natural gas generation, transmission, and distribution in the context of the 70,000 square mile PG&E service territory. No new energy supply facilities or distribution infrastructure or capacity-enhancing alterations to existing facilities are required to serve buildout of the General Plan.34 With the implementation of General Plan policies and compliance with the City’s Green Building Ordinance and CalGreen Building Code, significant energy conservation and savings would be realized in future new development. Even with the energy saving practices in place, it is possible that new electrical switches and/or transformers might be required to handle additional loads. Project-specific review is required when new development is proposed and energy infrastructure improvements may be required as a condition of approval. While the buildout of the General Plan would intensify uses and development in the City, it would not necessarily result in greater energy demands. For example, a mix of land uses in proximity to each other could result in reduced vehicle miles traveled (i.e., residents could live closer to where they work or shop). New development would be subject to applicable General Plan policies that ensure efficient use of energy resources including M-2.1, M-2.2, M-2.3, M-2.5, M-2.6, M-3.2, M-3.3, M-3.4, M-3.8, M-5.1, M-9.2, ES-1.1, ES-2.1, and ES-3.1 (refer to Attachment C for referenced policies). • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. Vallco-Specific Analysis: Redevelopment of Vallco under Scenario 1b would be LEED Platinum (or equivalent), which would result in greater energy efficiency than currently required of new development by the City and exceed the energy efficiency assumptions for the site under buildout of the General Plan (Scenario 1a). • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer office square feet citywide compared to Scenario 1a. Less development would result in less demand for electricity and natural gas. Energy demand citywide under Scenario 2a, therefore, would be proportionately less than under Scenario 1a but the amount of the reduction would be lessened by the inefficiencies discussed below. As discussed under Scenario 1a, a mix of land uses in proximity to each other could result in reduced vehicle miles traveled. The Initiative would result in the reduction in dwelling units and office space in the City, and specifically would not allow a mix of residential and employment uses at Vallco, which would increase the City’s overall vehicle miles traveled because new housing and jobs would be located further from each other. 34 Ibid. Page 4.14-63. APP-066481 9212 Environmental Analysis 21 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 Vallco-Specific Analysis: Scenario 2a assumes Vallco is renovated, improved, and successfully reoccupied. While Vallco under Scenario 2a would have less development resulting in less electricity and natural gas demand than what is envisioned for the site under the adopted General Plan, the reduction in demand would be lessened by the inefficiency of the existing mall buildings. The energy efficiency of the existing mall buildings are from the energy/efficiency standards at the time they were constructed (mid-1970s with tenant improvements in the early 1990s). It is assumed that the energy efficiency of the existing, occupied mall spaces would not be updated. Any renovations and improvements completed are assumed to be consistent with applicable General Plan policies and meet current energy/efficiency standards as assumed under Scenario 1a. As noted above, a single land use (shopping mall) verses a mixed of land uses at Vallco would increase vehicle miles traveled citywide. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The Initiative would result in 146 fewer dwelling units and 2.0 million fewer square feet of office development citywide compared to Scenario 1a. Less development would result in less energy (i.e., electricity and natural gas) demand. Energy demand citywide under Scenario 2a, therefore, would be proportionately less than under Scenario 1a but that reduction is minimized by the inefficiency discussed below. As discussed under Scenario 1a, a mix of land uses in proximity to each other could result in reduced vehicle miles traveled. The Initiative would result in the reduction in dwelling units and office space in the City, and specifically would not allow a mix of residential and employment uses at Vallco, which would increase the City’s overall vehicle miles traveled because new housing and jobs would be located further from each other. Vallco-Specific Analysis: Under Scenario 2b, it is assumed that Vallco remains as it currently exists. The mall will be 26 percent occupied in April 2016. The energy demand from the mall, therefore, would be proportionately less than if all 1.2 million square feet of the mall were occupied (Scenario 2a). As under Scenario 2a, however, while the electricity and natural gas demand of the mall at 26 percent occupied would be less than the demand than what is envisioned for the site under the adopted General Plan, the reduction would be lessened by the inefficiency of the existing mall buildings. The energy efficiency of the existing mall buildings are from the energy/efficiency standards at the time they were constructed (mid-1970s with tenant improvements in the early 1990s). It is assumed that the energy efficiency of the existing, occupied mall spaces would not be updated. As noted above, a single land use (shopping mall) verses a mixed of land uses at Vallco would increase vehicle miles traveled citywide. APP-067482 9212 Environmental Analysis 22 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 4.5 COMMUNITY FORM Adopted General Plan (Scenario 1a): The maximum building height for areas outside Special Areas (i.e., Neighborhoods) in the adopted General Plan is 30 feet. Note that in the General Plan, Vallco Shopping District is considered a Special Area and not a Neighborhood. Special Areas can have greater maximum building heights than Neighborhoods, as identified in Figure LU-1 in the General Plan. • Scenario 1b (Adopted General Plan Assuming 2015 Sand Hill Proposal): The citywide analysis and impacts for this scenario would be the same as for Scenario 1a. • Scenario 2a (General Plan with Initiative Assuming Vallco as Enhanced Mall): Under the Initiative, the maximum building height in areas outside Special Areas (i.e., Neighborhoods) would be increased from 30 to 45 feet. Buildings of 45 feet are typically three stories tall. The Initiative, therefore, would change the form of future development in neighborhoods to allow taller buildings, but the maximum square footage allowed on individual properties would continue to be subject to General Plan allocations and zoning standards. • Scenario 2b (General Plan with Initiative Assuming Vallco with 2016 Occupancy): The citywide analysis and impacts for this scenario would be the same as for Scenario 2a. APP-068483 9212 Environmental Analysis 23 City of Cupertino Cupertino Citizens’ Sensible Growth Initiative March 2016 REFERENCES City of Cupertino. Community Vision 2015-2040. October 2015. City of Cupertino. Draft EIR Project Description. December 8, 2015. City of Cupertino. General Plan Amendment, Housing Element Update and Associated Rezoning EIR. June 18, 2014. County of Santa Clara, Office of the Sheriff. Cupertino Citizen’s Sensible Growth Initiative. March 1, 2016. Cupertino Sanitary District. District Response to your letter dated November 10, 2015. December 8, 2015. Cupertino Sanitary Sewer District. Letter RE: Questions regarding Cupertino Sanitary District Services relative to Vallco Development. Received November 19, 2015. Sand Hill Development Company. The Hills at Vallco Project Description. September 2015. Schoolhouse Services. Enrollment and Fiscal Analysis for the: The Hills at Vallco. February 2016. APP-069484 ATTACHMENT A: SAND HILL DEVELOPMENT COMPANY THE HILLS AT VALLCO PROJECT DESCRIPTION APP-070485 The Hills at Vallco Project Description September 2015 APP-071486 Table of Contents Page Executive Summary 1 Property History 3 Community Engagement 5 Mixed-Use Town Center 7 Community Park and Nature Preserve 11 Cupertino Schools 15 Transportation Solutions 16 Entitlements and Approvals 17 Revitalization Approvals 17 Revitalization Objectives 17 General Plan Conformance 19 South Vallco Connectivity Plan Conformance 21 Specific Plan Development 22 Revitalization Plan 23 Land Use 24 Mobility and Parking 27 Connectivity and Public Improvements 31 Utilities 34 Grading and Construction 36 Environmental Sustainability 37 Exhibits 39 Site Map 39 Site Description 40 Block Description 41 Data Table 45 Acknowledgements 48 The Hills at Vallco | Project Description | September 2015 APP-072487 The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 Every community aspires to have a physical place that distills and embodies the values of its past and aspirations for its future. The Hills at Vallco is just such a place. It will create both a vibrant mixed-use town center — the social heart of Cupertino's emerging downtown — and a vast rooftop open space inspired by the natural ecology of the Cupertino foothills. The Hills at Vallco will uniquely connect landscape, buildings and infrastructure and infuse them with the best qualities of life in Cupertino. The Hills at Vallco has been designed to fulfill Cupertino's General Plan and integrate the wishes and wisdom of the community to revitalize Vallco and ensure its success for future generations. It will create spaces that nurture vibrancy and encourage relaxation. It will embrace forward thinking innovation while respecting historical stewardship. It finds a balance between a modern need for technology and eternal need for nature. By celebrating local strengths, The Hills at Vallco will attain a global reach. Sand Hill Property Company, through Vallco Property Owner, LLC, acquired and unified the fragmented 50-acre Vallco Shopping Mall site in November 2014. For the first time in its history, this consolidation allowed the rare opportunity to replace the failing, outdated, 40-year old indoor shopping mall, with a vibrant mixed-use town center and a community park and nature preserve. The property owner has selected internationally renowned design firms Rafael Viñoly Architects and OLIN Landscape Architects as master planners to ensure excellence in the visionary design of The Hills at Vallco. The Hills at Vallco will include 625,000 square feet of commercial and civic areas. The design features family friendly entertainment, retail, sports and recreation, apartments for multi- generational living including 680 market rate, 80 below market rate, and 40 senior apartments, two million square feet of office space serving incubator, startups, emerging or established Silicon Valley companies, and supporting public, residential, and office amenity areas including a high school Innovation Center and transit center. The groundbreaking publicly accessible rooftop open space — 30-acres of landscaping floating above the buildings — will comprise the largest green roof in the world and include nearly four miles of walking/jogging trails, vineyards, orchards, organic gardens, an amphitheater, children’s play areas, single level amenities pavilions, and a refuge for native fauna. The sustainability goal for the Hills at Vallco is LEED Platinum certification; globally recognized as the highest level of environmentally conscious construction. The monumental scale of the green roof will improve resource efficiency and mitigate climate change. It will reduce the urban heat island effect, improve public health, minimize water run-off, improve water and air quality, improve energy efficiency of the buildings, and promote bio-diversity. In the long run, The Hills at Vallco ambitiously targets a Net-Zero Water policy. Water conservation efforts will include the extension of the recycled water line from Sunnyvale to The Hills at Vallco, a partnership with many public stakeholders. The Hills at Vallco aligns with Cupertino’s General Plan and framework for the Vallco Shopping District. The Hills at Vallco will create a net positive impact on the already world class schools in Cupertino. It will also provide significant traffic solutions, including spearheading the rebuilding of the Wolfe Road/ Hwy. 280 bridge and interchange, the implementation of intersection and signal timing improvements, and a complimentary community shuttle for Cupertino residents. The majority of the approximately 9,175 parking spaces will be located underground to maximize the opportunities for community engagement throughout the ground level footprint. The Hills at Vallco represents a nearly $3 billion investment in the Cupertino community and the Silicon Valley region. It will produce substantial net positive impacts on the order of hundreds of millions of dollars to the City in fees, property taxes and retail sales taxes. The Hills at Vallco | Project Description | September 2015 In the 1960s, 25 Cupertino families and property owners came together to launch the overall scheme for the 300-acre Vallco Park, whose name was constructed from the first initials of each of the primary developers: Varian Associates and the Leonard, Lester, Craft, and Orlando families. Ten years later, Vallco Shopping Mall was established as a retail component within the business park. Development plans dating from the early 1970s, document the formation of a mixed-use district, including offices and the regional shopping mall that was eventually built. Vallco Shopping Mall opened under the brand Vallco Fashion Park in September 1976. At the time of its launch, it was one of the largest shopping malls in Silicon Valley, drawing visitors from throughout the region. Vallco Shopping Mall thrived from the mid-1970s to the mid-1980s. Community Pride Vallco Shopping Mall was once a source of immense community pride and identity for Cupertino – a destination with a distinct sense of place, where a diverse community of people gathered, connected, and shared a variety of experiences from shopping to skating, eating to bowling, or simply strolling. Unfortunately for the community, for many decades and for many reasons, Vallco Shopping Mall is no longer that place of pride. Challenges By the mid-1980s, Vallco Shopping Mall had begun to suffer from an inherent inability to respond to the ever-changing demands of consumers and markets. Constraining factors included: •Fragmented Vallco ownership between the mall owner and the three other property owners – Sears, Macy’s, and JC Penney’s. •An Operation and Reciprocal Easement Agreement signed onto by all four owners at the outset, which handcuffed each party from pursuing improvements without unanimous consent. •Outdated infrastructure in combination with a confusing and inefficient parking layout which began to take its toll. •Demand for mid-market mass merchandizers, such as those department stores at Vallco Shopping Mall, began not only to contract, but to plummet throughout the nation, ultimately resulting in the closure of thousands what had been anchor stores for malls. •Regional competition from Westfield’s Valley Fair and Stanford Shopping Center, other sub- regional malls, and revitalized downtowns began to shift shoppers away from Vallco Shopping Mall. Regional Competition Since the 1980s, regional competition has only increased. Two of the top performing, super- regional malls in the San Francisco Bay Area located near Vallco Shopping Mall are the Stanford Shopping Center and Westfield's Valley Fair. Today, both of them are thriving and expanding. Not only is it difficult for the flagship retailers who have become tenants at these two malls to justify an additional location at Vallco Shopping Mall, many are prohibited from doing so due to lease radius restrictions. Vallco Shopping Mall must also compete with more than a dozen other shopping districts, revitalized malls and walkable downtown neighborhoods including Palo Alto, Los Gatos, Mountain View, Los Altos, and Campbell. Failed Redevelopment Efforts Vallco Shopping Mall ownership has turned over many times since the original developers, with multiple foreclosures and a bankruptcy, staggered between efforts to redevelop the aging mall. Occupancy began to deteriorate at an accelerated rate in the 1990s. Mall tenancy continued its steady decline into the mid-2000s. The Hills at Vallco | Project Description | September 2015 In September 2009, a Vietnamese food processing company purchased the mall. As absentee speculators, they did nothing to reinvest in the mall, and so the mall languished further. By 2014, Vallco Shopping Mall had distinguished itself as the most delinquent property tax payer in Cupertino with over $7 million in unpaid back taxes, due to increasing operating losses year over year. In 2015, occupancy had dwindled to the point where vacant and papered storefronts outnumbered active storefronts throughout the mall. A handful of mall tenants including AMC Theater, have continued to perform well even throughout Vallco Shopping Mall's leanest years. They cannot, however, be expected to support 1.2 million square feet of obsolete retail space. General Plan Vision for Revitalization of the Vallco Shopping Mall The City of Cupertino has long recognized the failures of Vallco Shopping Mall, and has spent the past several years working with the community to establish a new vision for revitalizing it. In December 2014, the City Council adopted new General Plan goals, policies and strategies specifically relating to the Vallco Shopping District Special Area, within which Vallco Shopping Mall is located. The City vision outlined a complete revitalization of Vallco Shopping Mall site into a "vibrant mixed-use town center” that is a focal point for regional visitors and the community. This new district will become a destination for shopping, dining and entertainment in the City. Unified Ownership To realize this community vision, the General Plan “requires a master developer in order to remove the obstacles to the development of a cohesive district with the highest levels of urban design.” In December 2014, after years of negotiations with multiple ownership groups, Sand Hill Property Company, who has been an integral part of the community for 20 years, was able to assemble all 50 acres of Vallco Shopping Mall - a first in the mall's 40 years history. Single ownership will finally allow the implementation of a unified vision to revitalize Vallco. The property owner is making an investment in Cupertino to both own and operate the property for multiple generations. The company has experience with numerous properties throughout Cupertino, including retail, residential, offices, and hotel. All four of these uses will be on display at Main Street Cupertino – a multi-year collaboration with the City of Cupertino and the community currently under construction on approximately 18 acres, which the property owner will continue to own and operate once completed. Within a block of this successful collaboration, the failed Vallco Shopping Mall will give way to a re-envisioned Vallco, called The Hills at Vallco. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 In February 2015, the property owner initiated an unprecedented and comprehensive community engagement process with Cupertino residents encouraging them to “Chime In” on a future vision for a revitalized Vallco, also launching the website Vallco Vision to serve as a community portal for idea gathering. In March 2015, and again in April, the property owner sent 25,000 response card invitations to every home and business in Cupertino, asking community members to share their ideas and wishes for what a new Vallco could be. Throughout April, May, and June 2015, the property owner hosted more than 20 community meetings, open houses and presentations to collect community feedback. Residents shared what they liked and didn't like about the current mall, and what they wanted to see incorporated into a revitalized Vallco. They also had an opportunity to address ancillary concerns in the community. In July 2015, the property owner sent a four- page report summarizing the comments gathered to each of the 25,000 homes and business in Cupertino. The property owner expressed gratitude for the opportunity to meet personally with more than 1,000 Cupertino residents and receive more than 3,800 ideas from everyone who “Chimed In”. The property owner was encouraged by the community’s willingness to engage in dialogue and inspired by the quality of ideas expressed. The major themes revealed during the first six months of community engagement included: Offer Entertainment and Family Friendly Retail Top requests were to keep and improve upon well-loved and successful community touchstones; the AMC Theater, bowling alley, and ice rink, as well as to improve upon current fitness uses, and attract and retain more family friendly businesses. Attract New and Diverse Restaurants More than 50 restaurant recommendations were received, ranging from requests to keep a few popular establishments, to adding outdoor dining options, and hosting a farmers’ market for Cupertino. Increase Open Space The current Vallco Shopping Mall is composed of fortress type buildings with no connection to the outside. Residents strongly agreed that any new project should offer exterior landscaped gathering spaces open to the community, particularly given that this part of Cupertino is below par in overall green space. Residents wanted to keep as many existing healthy trees as possible on the perimeter of the site. Provide Traffic Solutions Traffic improvements including rebuilding and widening the Wolfe Road/Hwy. 280 interchange, a community shuttle, and improved biking and walking options to and through the revitalized shopping district were requested. Protect Cupertino's World-Class Schools Suggestions were given by the community that any revitalization contribute to making Cupertino schools even better by building educational facilities on site, by replacing outdated portable classrooms with new permanent ones, by upgrading existing school facilities, or by building a new school and/or directly funding existing programs. Create a New Town Center Many wonderful memories of the Vallco Shopping Mall when it was “the” community- gathering place during its hey-day were shared. Many observed that Cupertino has never truly had a downtown, and suggested that a revitalized Vallco would be the ideal place to create one. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 Synthesizing the community input and the aspirations of the General Plan into a mixed-use town center vision, The Hills at Vallco is conceived around the core elements essential for creating a vibrant community life – a program that begins with the ambience of the streets and public squares, and extends throughout all venues; supporting real connections between residents, employees, businesses, students and visitors. The Hills at Vallco will elevate the quality of community life in Cupertino and beyond. It will facilitate healthy lifestyles by creating a mix of thoughtfully designed public places of various scales: intimate enclaves, broad public squares, and generous community venues that support a year-round calendar of experiences, exhibits and events. It will include the amenities of a market hall, movie theater, and recreational venues. The Hills at Vallco will provide walkable streets that allow for the serendipity of social encounters, places to sit and take in the day, settings that accommodate all of the community: families, friends, and individuals of all ages. Town Center with Heart and Soul The Hills at Vallco offers two interconnected town squares with two distinct experiences. Town Square West and Town Square East,to be the heart and soul of the town center. These are located on the west side and east side of Wolfe Road. As the active heart of public life, Town Square West will be the focal point of the retail, entertainment, and residential district, and welcome Cupertino residents, employees, and visitors to an actively programmed and flexible green space that is both civic amenity and local park. As the heart, it will activate, circulate and energize the life of the entire city. In the center of Town Square West is gently sloping lawn that will flow from the north side of the space down to the South creating a lush gathering space for relaxation and for outdoor concerts, cultural events, outdoor performances and movies. The lawn will connect to the below-grade parking garage, providing a direct visual link and path for visitors arriving by car and illuminating the garage with light and views of a rich green landscape. Surrounding the lawn, hardscape terraces shaded by large plane trees that can host large public events and festivals or serve as exterior dining or social space, will make the Town Square West a vibrant destination and community activator throughout the day and into the evening. As a quiet compliment to the active heart of Town Square West, Town Square East has been designed as a place to nourish the soul. Town Square East is a serene and contemplative green space that will serve as central focal point and a shared exterior amenity for the mixed-use retail and office district. Along the central axis of Town Square East will be a linear low flow water feature designed for use with recycled water or other seasonal non-potable sources. It will be a thin sheet of moving water framed by large canopy trees, will create a cool, quiet oasis within the town center. Surrounding this sculptural water element and formal tree geometry, informal plantings of olive trees and grasses will provide a beautiful texture and muted color palette that move in the breeze, creating a sound buffer to the noise of the city. Entertainment, Recreation and Retail Promenade The successful existing community touchstones including the AMC Theater, bowling alley, ice rink, and fitness center, will be co-located to the northwestern corner of The Hills at Vallco. Freshly designed as an integrated multilevel complex, the south facing facade of this block will be embellished with terraced gardens and dining patios looking out over the open air activities of Town Square West. Extending south from the entertainment and recreation venues to Stevens Creek Boulevard, the family friendly district will be designed as a nine-block retail promenade that makes a loop to The Hills at Vallco | Project Description | September 2015 and from Stevens Creek Boulevard, where the new transit center and community shuttle stop will be located. Two parallel tree-lined avenues supporting this shopping loop, lined with a mixture of unique boutiques and national brand stores, will create an experience district differentiated from the surrounding shopping malls. Stores will be curated from around the country with Cupertino's lifestyle in mind. The retail promenade will have a genuine downtown atmosphere, supported by upper level residential buildings that create a unique sense of place and create scale. The retail promenade is a pedestrian-focused circulation zone that envelopes the west side ground-level retail into an iconic shopping district, providing clear wayfinding and access from the surrounding streets and parking garage. The retail promenade is designed to enhance the retail shopping experience by providing a vibrant and comfortable space for walking, sitting, eating and socializing throughout the day and evening. This circulation space will have a rich texture of paving patterns, lighting, and outdoor spaces. Large canopy trees are limbed up to enhance views to the storefronts and provide dappled light and shade along the sidewalks and seating areas. Along Stevens Creek Boulevard, glass facades of multi-level spaces will animate The Hills at Vallco with a line-up of leisure, fashion and technology flagship stores that epitomize the lifestyle of Cupertino, and identify it as a place that celebrates recreational, casual and creative activities. Market Hall The chefs, restaurants, grocery stores, markets and farms of the San Francisco Bay Area have pioneered the celebration of fresh, local and organic food, and spawned a food movement known internationally as "California Cuisine," and have linked farm to table dining, specifically to this region. The Hills at Vallco will capture this spirit by introducing Market Hall; a food hall with local, artisan offerings. Located at the eastern edge of the retail district, Market Hall will provide fresh and healthy food with broad economic access, community gardens and urban agriculture to educate the community on how to meet the basic dietary needs for active lives. Market Hall will act as a community amenity and meeting place, populated in the mornings with people stopping in for coffee and fresh baked goods or market style breakfast; at lunch by residents and the local work force for a mix of food stand offerings; and at regular intervals for regional farmers market offerings. Active Public Streets The Hills at Vallco will activate today's car- dominated streets - Stevens Creek Boulevard, Wolfe Road, and Vallco Parkway - with enhanced sidewalks, bicycle lanes, and transit facilities. Sidewalks will be designed to make walking easier and more attractive, allowing neighbors, visitors, and employees to meet and interact on their walks, and to foster economic activity, such as window shopping and sidewalk cafes. The Hills at Vallco preserves the healthy existing street trees at all edges of the site that serve as a buffer to the Portal Neighborhood residences to the West and to enhance Cupertino's urban tree cover and associated ecosystem services. The perimeter streetscapes will be enhanced to create landscapes and a comfortable pedestrian and bike-friendly realm and to provide clear, safe connections to Main Street Cupertino and other destinations in South Vallco Park Gateway. The existing site slopes gently from Stevens Creek Boulevard towards Hwy. 280 to the North. New buildings in The Hills at Vallco will step down to echo the natural topography of the site. Wolfe Road Crossing Town Square East and Town Square West are visually and physically linked by a linear garden space that spans Wolfe Road and connects the mezzanine levels of the surrounding buildings. In conjunction with the floating roof, this creates a gateway for Cupertino. The Hills at Vallco | Project Description | September 2015 Community Scale The wavelike silhouette of the Hills at Vallco will minimize any perception of mass and bulk of the town center in response to the scale of the existing City context. Not only does the rooftop landscape blend into the existing trees around the site, but also the setbacks, street level landscape, and varying building heights will reduce the visual impact on the adjacent neighborhoods and public streets. The western edge, where the roof meets the street at Stevens Creek Boulevard thereby providing a trail head to access the public park and nature preserve, will begin at grade level, respecting the residential scale and privacy of the Portal Neighborhood. The roof will rise at the center of the site west of Wolfe Road, staying under the existing building height of the existing AMC Theater. The roof will lower down and cross Wolfe Road to unify the 30-acre open space at roof level and create a dynamic Wolfe Road gateway and entrance for Cupertino at street level while also addressing the arrival and departure from Hwy. 280. The buildings east of Wolfe Road will step up towards the east side of The Hills at Vallco along Hwy. 280 and Perimeter Road. The Stevens Creek Boulevard frontage will conform with the wide landscape easement requirement of the Heart of the City Special Area. This will create a generous pedestrian entrance plaza, provide a well located transit center, and respect the existing ash grove. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 The landscape design for The Hills at Vallco will be based on the native ecologies of Santa Clara Valley which allows to provide a range of natural ecosystems within an urban context and be resilient to challenging climate conditions such as extended periods of drought and increasing global temperatures. The Hills at Vallco will provide approximately 30 acres of open space and landscape floating over building structures, layering on top of a vibrant, mixed-use town center that replaces the existing 50 acres of primarily impervious surface. In addition to protecting the majority of existing trees on Wolfe Road, Stevens Creek Boulevard, and the Perimeter Road landscaped buffer, The Hills at Vallco will be adding approximately 900 trees to the site which are either native or drought tolerant species. The plant palette has been selected to thrive with little or no irrigation. Small areas of planting with specific programmatic uses or historical references such as lawns and orchards will be maintained using only non-potable water sources such as municipal recycled water or on-site greywater and stormwater capture and reuse. The Hills at Vallco will be a high performance landscape and model of green infrastructure that creates a highly sustainable center for civic, social, and community life and will serve as a model of transformative twenty-first century sustainable growth. Flowing over the town center will be an approximately 30-acre community park and nature preserve. This spectacular landscape will interweave social and natural systems to create a one-of-a kind green amenity in Cupertino. The community park and nature preserve will immerse visitors in the naturally occurring oak, meadow, and chaparral landscapes of Santa Clara Valley and provide an uninterrupted visual connection to the surrounding mountain ranges of San Francisco Bay. The rooftop open space will host a diverse set of programmatic uses ranging from active public spaces for community gathering, civic engagement, public performance, cultural festival and casual dining, to quiet intimate spaces for relaxation, to a nature preserve providing habitat for local flora and fauna such as songbirds migrating along the Pacific Flyway. Vegetation from the Oak, Meadow, and Chaparral ecotones is ideally suited to the light- weight and free draining soils of a landscape over structure. The plant species that will make up the roof landscape are characterized by drought-hardy trees, woody shrubs and grass species such as Coast Live Oak, Valley Oak, California Black Oak, California Sycamore, California Buckeye, Western Redbud, Monterey Cypress, and Torrey Pine, Ceanothus, Manzanita, Needlegrass, Creeping Wild Rye and native sedges. These are plantings that thrive on summer drought and occasional winter rains. The community park and nature preserve are organized around several major spaces: Oak Grove The oak grove will be located on the western edge of the site provides at-grade public pedestrian access to the community park and nature preserve from Stevens Creek Boulevard. At this location the roof meets the street to create a convenient and accessible trail connection to the roof at ground level. This edge will be planted with large canopy trees to create an iconic gateway space and to serve as visual buffer to the adjacent private residential neighborhood. This public landscape will be a serene retreat, providing a visual respite from the City and encouraging walking and hiking amongst the native oaks and grasses of the region. Community Activities The community activities will be located in the center of the community park and provide a concentration of active programmatic uses including a large play space and garden for children, indoor and outdoor community meeting The Hills at Vallco | Project Description | September 2015 spaces, amenities such as a cafe and wine bar, and amphitheater and performance spaces. Adjacent to the community activities will be two areas that celebrate the region's unique cultural and historic agricultural landscapes — the vineyards and the orchards. Santa Clara Valley lies between Santa Cruz Mountains and Diablo Range which shelter the area from the cold, damp San Francisco Bay climate creating the perfect Mediterranean environment for the orchards and vineyards that emerged in the late nineteenth century. Vineyards The vineyards will provide a stunning visual form as it undulates along the slopes of the roof. This educational landscape will engage visitors with walking trails and gathering and performance spaces set within the vines. Orchards The orchards will showcase fruit trees that recall the turn of the century agricultural forms and colors of Santa Clara Valley. The orchard and vineyard will reconnect residents to the seasonal cycles of agriculture, provide educational and seasonal family friendly activities, and provide meaningful context for the role it played in the early economic and social life of Santa Clara Valley. From the first white and pink flush of flowering apricot and cherry trees to the harvesting of fruits and grapes and brilliant fall colors, these productive landscapes will become spaces of annual celebration and gathering, creating lasting memories for visitors of all ages. Nature Preserve The rooftop open space of The Hills at Vallco will be the largest public-access landscape ever built over structure and its establishment represents a unique opportunity to infuse a large natural system in an urban context for the mutual benefit and improved health of people and the environment. The large area on the eastern roof will provide a significant number of ecosystems services including improved biodiversity and habitat for migratory birds and pollinating insects, improved air quality, enhanced storm water management, reducing carbon emissions by reducing the urban heat island effect, and numerous opportunities for physical health benefits from exercise and interaction with nature. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 The property owner proposes to establish and improve quality education facilities and programs for both current students attending Cupertino K-12 schools and for new students residing in The Hills at Vallco. While state law limits fees a school district can charge to mitigate school impacts, the property owner will pay more than is required to not only protect, but improve, upon the educational successes of Cupertino Union and Fremont Union High School Districts. In collaboration with both districts, the property owner proposes a net positive impact to more than mitigate any potential impacts related to an increase in overall student population from the project, by funding and delivering the following unprecedented facilities and programs: Cupertino Union School District K-8 Educational Facilities, Programs and Funding •Ground-up construction of a new 700-student elementary school at the former site of the Nan Allen Elementary School. •Replacement of all portable/temporary classrooms at Collins Elementary School with permanent classrooms. •Improvement and expansion of school playing fields at the former Nan Allen and Collins Elementary School sites. •Creation and funding of a $1 million endowment for the 8th grade Yosemite Science Program. •Payment of the full statutory requirement “Level 1 Fee” obligation. The new school will not only accommodate new students from The Hills at Vallco, but provide classrooms for hundreds of existing students, and relieve pressure from existing schools. The property owner proposes a total education facilities and programs investment for Cupertino Union School District of approximately $20 million, roughly 10 times the amount required by Senate Bill 50. Fremont Union High School District 9-12 Facilities, Programs and Funding A new 10,000 square foot, turn-key Innovation Center at The Hills at Vallco will be delivered to Fremont Union High School District. This flexible, multi-use space will be used by district high school students to build projects together while collaborating with members of the greater community. The Innovation Center will serve as an incubator for student inventions, plans, and the seeds of bold, new ideas that are increasingly indigenous to the Silicon Valley with programs and facilities including: •Student led businesses incubator •Work-based learning initiatives hub •Robotics team competition arena •Multi-disciplinary student maker creativity brainstorming and prototyping space •Centrally located classroom for students from all five campuses within the district. •Performance space. •An exhibition space. •Charitable lease of the Innovation Center for a term of 34 years at a nominal rent of $1 per year. • Payment of the full statutory requirement “Level 1 Fee” obligation. The property owner proposes a total education facilities and programs investment for Fremont Union High School District of approximately $20 million, approximately 20 times the amount required by Senate Bill 50. The Hills at Vallco | Project Description | September 2015 The multi-generational commitment of The Hills at Vallco to be a vibrant mixed-use town center and amenity for the community at large well into the future, requires forward thinking solutions to problems yet unseen, but anticipated. Therefore, the Hills at Vallco, will take proactive measures to incorporate transportation solutions for existing Cupertino residents and employees from the outset along key transportation corridors and Hwy. 280 including the following: Improve Wolfe Road/Hwy. 280 Interchange The Hills at Vallco will spearhead the widening and rebuilding of the Wolfe Road/Hwy. 280 bridge and interchange. This will include improvements to the pedestrian and bicycle connections across Hwy. 280 that connect North Vallco, where The Hamptons and Apple Campus 2 are located, with South Vallco, where The Hills of Vallco and Main Street Cupertino are located. Improve Wolfe Road Intersections A new signalized intersection is proposed along Wolfe Road between Vallco Parkway and the Hwy. 280 interchange. This intersection is intended to facilitate vehicular access to and from the east and west side of The Hills at Vallco. This intersection will improve public access to The Hills at Vallco by replacing the outdated existing on and off ramps from Wolfe Road to Perimeter Road. This intersection improvement will also modify the existing tunnel under Wolfe Road to allow east-west access for fire, emergency, and service vehicles, which does not exist today due to the low tunnel height. In addition, this new intersection will provide a new and safe bicycle and pedestrian crossing at grade across Wolfe Road to create strong walkable connections to integrate the east and west sides of the emerging downtown at South Vallco. Included as these Wolfe Road improvements, will be additional traffic signal timing upgrades between Stevens Creek Boulevard and Hwy. 280, to improve the vehicular traffic flow on Wolfe Road. Introduce a Community Shuttle The Hills at Vallco will lead a partnership with the City of Cupertino, VTA, and corporate employers to fund a complimentary community shuttle for Cupertino residents and employees, to connect numerous destinations within the community including the library, Civic Center, Memorial Park, De Anza College, one or more high schools, the Apple campuses, and more. This will improve residents’ access to key community destinations, while giving office workers exposure to businesses in the community. Establish a Multi-Modal Transit Center The Hills at Vallco will be designed with the north side of Stevens Creek Boulevard between Wolfe Road and Perimeter Road as transit center location. The complimentary community shuttle, VTA local and express buses, future Bus Rapid Transit, corporate shuttles, and sharing economy transportation services will all make regular stops at the transit center. The transit center will specifically accommodate the existing VTA’s existing Stevens Creek Boulevard bus lines 23 and 323. The Hills at Vallco will have an entrance plaza along Stevens Creek Boulevard that will accommodate pedestrian access to a curbside station. Expand Community Connectivity The Hills at Vallco will improve the quality of public spaces surrounding the site so as to enhance the pedestrian and bicycle experience and connect The Hills at Vallco with the broader community. Through an understanding of the surrounding community needs, an integrated multimodal network will be implemented that focuses on aesthetics, access, and connectivity within South Vallco Park, Apple Campus 2, and the greater Cupertino community. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 The property owner is seeking from the City of Cupertino following entitlements and approvals: Legislative Approvals •Specific Plan •Conformance Zoning •Development Agreement Project Level Approvals •Development Permits •Conditional Use Permit •Vesting Tentative Map •New and Modified Easements, Air Rights and Other Related Agreements •Tree Removal Permit •Architecture and Site Approvals •Environmental Review Primary Objectives •Carry out the vision in the City’s General Plan to transform the outdated Vallco Shopping Mall into a vibrant and healthy mixed-use town center by balancing retail, employment, residential, civic and ancillary uses with a focus on providing significant open space features, views, and a gateway to Cupertino. •Revitalize this critical urban infill site with a strong and complementary mixed-use program, including retail, office, residential, civic and ancillary uses, at an intensity and density that both promotes visitor activity and interest and is able to financially support an innovative open space, transit center, and civic programs, as well as achieve a high level of sustainability. Secondary Objectives •Create an innovative and active gathering place with a vitality in design that integrates and encourages walking and cycling and that is compatible with, and complementary to, recent well-designed projects proximate to the project site. •Capitalize on the opportunity to utilize existing infrastructure in a manner which furthers local, regional and state compact and sustainable growth goals, including the extension of recycled water. •Provide sufficient local serving and destination retail uses to enable Cupertino and South Bay residents and shoppers to reduce vehicle miles travelled and associated greenhouse gas emissions. •Create an active, inviting and comfortable place for people to visit, shop, and enjoy dining and entertainment. •Provide greater residential variety and density, including additional affordable residential and life-cycle residential. •Reduce distances between residential, workplaces, retail businesses, and other entertainment amenities. •Improve local access to fresh and healthy foods by integrating more traditional food retail with the vibrancy of local farmers markets, and the heightened awareness of seasonal cycles as well as education opportunities through urban farming. •Provide adequate parking and vehicular access that meets the needs of future project visitors, employees, and residents, while encouraging the use of transit, bicycle, and other alternative modes of transportation. •Create new residential opportunities in close proximity to employment centers, public transit, shops, restaurants and entertainment uses. •Create a new regional civic gathering place that has a strong neighborhood character that is informed by and responding to the ideas, input and concerns of the local community. The property owner may supplement this list with additional approvals from appropriate local, regional, state and federal agencies. The Hills at Vallco community amenities, including community park and nature preserve, transportation improvements, education facilities and programs funding, and other benefits outlined in this Project Description are proposed to be included as part of legally binding and enforceable Development Agreement between the property owner and the City of Cupertino. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco fulfills, implements and complies with Cupertino's General Plan, the policies for the Vallco Shopping District Special Area, and the South Vallco Connectivity Plan: 1. General Plan Conformance The City of Cupertino has been working with the community over the past two years to update its General Plan - the overarching policy document that guides all future growth and development decisions made by the city. On December 4, 2014, the Cupertino City Council formally adopted an updated General Plan called “Community Vision 2040”. The Hills at Vallco follows the strategic direction set by the City of Cupertino to focus future change within Special Areas, such as the Vallco Shopping District. These Special Areas are located on Cupertino’s major mixed-use corridors with a mix of commercial, office, hotel and residential uses. At the same time, The Hills at Vallco will also protect and enhance Cupertino's neighborhoods to ensure the community’s great quality of life in these largely residential areas. Planning for changing demographics. The City needs to plan not only for existing families which form a larger percentage of our population, but also for the growing demographic of seniors and younger workers through new residential, services, shopping, entertainment and community facilities. Local and regional land use planning and collaboration. The City will take an active part in regional collaborative planning processes related to residential, transportation, sustainability, health, transportation and infrastructure financing in order to ensure local land use and transportation decisions are coordinated with regional efforts. Integrating community health into land use planning. The City will enhance and improve health of people who live and work in our community. This includes integrating land use and transportation networks to reduce reliance on auto usage and improving alternative choices for transportation by focusing growth and change in corridors that support all modes of transit, providing neighborhoods with easy access to schools, parks and neighborhood centers. Land use and economics. The City will look to diversify the City’s tax base, support and retain existing businesses, increase the vitality of aging commercial centers with redevelopment, seek to diversify shopping opportunities so that the community has the opportunity to satisfy their shopping needs within Cupertino. Urban design, form and character. The City will seek high-quality development to achieve desired physical environment in Planning Areas, including walkable, connected neighborhoods, inviting streets that allow for different modes of transportation, and vibrant and walkable special areas, and neighborhood centers in keeping with Community Vision 2040. Preservation of natural environment and hillsides. Cupertino is blessed with an abundance of natural resources, including hillsides, creek corridors, and sensitive animal and plant habitats along the foothills. Much of this land is preserved in low-intensity residential and agricultural uses or open space. As redevelopment occurs, the City will strive to preserve these natural areas through land use and building design decisions. Economic Vitality and Fiscal Stability. As Cupertino’s population grows and ages, demands on community resources will increase. In order to maintain and enhance the community’s quality of life, the City will ensure that existing businesses are encouraged to reinvest and grow in Cupertino, and that the City continues to attract new businesses and investment." 2. Vallco Shopping District Special Area Conformance As part of the "Community Vision 2040", the City Council adopted new General Plan goals, policies and strategies for Vallco Shopping District Special Area, where Vallco Shopping Mall is located. The City envisions a complete The Hills at Vallco | Project Description | September 2015 redevelopment of the existing Vallco site into a vibrant mixed-use “town center” that is a focal point for regional visitors and the community. This new district will become a destination for shopping, dining and entertainment in Santa Clara Valley. The Hills at Vallco fulfills, implements and complies with the Vallco Shopping District Special Area objectives and goals of the General Plan: Policy LU-19.1: Specific Plan: Create a Specific Plan prior to any development on the site that lays out the land uses, design standards and guidelines, and infrastructure improvements required. The Specific Plan will be based on the following strategies: Strategy LU-19.1.1: Master Developer. Redevelopment will require a master developer in order to remove obstacles to the development of a cohesive district with the highest levels of urban design. Strategy LU-19.1.2: Parcel Assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential and office uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future. Strategy LU-19.1.3: 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. Strategy LU-19.1.4: Land Use. The following uses are allowed on the site: Retail: High-performing retail, restaurant and entertainment uses. 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. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor. Residential: Allow residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals, couples and/or active seniors who like to live in an active “town center” environment. Office: Encourage high-quality office space arranged in a pedestrian-oriented street grid with active uses on the ground floor, publicly accessible streets and plazas/green space. Strategy LU-19.1.5: “Town Center” Layout. Create streets and blocks laid out using “transect planning” (appropriate street and building types for each area), which includes a discernible center and edges, public space at center, high quality public realm, and land uses appropriate to the street and building typology. Strategy LU-19.1.6: 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, bike-friendly 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. Strategy LU-19.1.7: 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 and Main Street. Strategy LU-19.1.8: 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. Strategy LU-19.1.9: Building Form. Buildings should have high-quality architecture, and an The Hills at Vallco | Project Description | September 2015 emphasis on aesthetics, human scale, and create a sense of place. Additional heights may be approved in specific areas by the City Council as part of the Community Benefits Program. Taller buildings should provide appropriate transitions to fit into the surrounding area. Strategy LU-19.1.10: Gateway Character. High- quality buildings with architecture and materials befitting the gateway character of the site. The project should provide gateway signage and treatment. Strategy LU-19.1.11: 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. Strategy LU-19.1.12: Parking. Parking in surface lots shall be located to the side or rear of buildings. Underground parking beneath buildings is preferred. Above grad 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 high-quality “town center” environment. Strategy LU-19.1.13: Trees. Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when new development are proposed. Strategy LU-19.1.14: Neighborhood Buffers. Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single-family residential areas from visual and noise impacts. 3. South Vallco Connectivity Plan Conformance In accordance with the General Plan, South Vallco is envisioned to become a vibrant mixed- use downtown. In order to support these changes, the Connectivity Plan calls for the City of Cupertino to work with property owners to improve connectivity within Vallco and the adjacent areas. The property owner is collaborating with the City of Cupertino and will include the plan's connectivity goals and objectives in the The Hills at Vallco: Connectivity Goal Create an efficient, safe, pleasant, well-designed and complete multi-modal network that improves aesthetics, access and internal connectivity within South Vallco. Connectivity Objectives Vehicular Circulation. Create logical, identifiable and safe automobile connections between public roadways and private parking areas throughout South Vallco. Bicycle Connectivity. Improve internal bicycle circulation throughout South Vallco through new bicycle lanes and paths, bicyclist amenities, and the potential trail along the northern boundary of the area. Pedestrian Connectivity. Enhance pedestrian walkways and pathways so they are better connected to buildings and parking areas in order to support retail uses, create a more welcoming environment and improve safety. Transit Opportunities. Work with Santa Clara Valley Transportation Authority (VTA) to improve bus transit shelters and amenities, and identify opportunities to establish new Park-and-Ride locations within South Vallco. Streetscapes. Enhance he visual appeal of public and private streetscapes to create a more pleasant and inviting environment for motorists, pedestrians and bicyclists. Image and Brand. Identify a strategy to create a unified theme and brand for streetscapes throughout South Vallco, including new signage, landscaping palette, lighting, street furniture and other design elements. Reduced Traffic Impacts. Minimize traffic impacts on local neighborhoods by improving internal circulation, creating a multi-modal network to encourage bicycling and transit, fostering a “park once” atmosphere, and allowing for the efficient flow of traffic through South Vallco. The Hills at Vallco | Project Description | September 2015 In December 2014, the City Council directed the property owner to embark on a comprehensive community engagement process and develop a detailed project proposal and Specific Plan for consideration by the City Council. The purpose of the Specific Plan is to lay out the land uses, design standards and guidelines, and infrastructure improvements required for the revitalization of the Vallco Shopping District Special Area. This Specific Plan will be based on the land use strategies set forth in the General Plan Amendment, including the establishment of a town center for the Cupertino community, and containing a vibrant and connected mix of retail, entertainment, residential, offices, and open space. An expert planning consulting firm will assist in the development of the Specific Plan that will conform to the policies and strategies of the General Plan Amendment, adapt to and inform the planning and design approach currently being developed by the property owner's master planners, and accommodate future changes as well as maintain flexibility for evolving development strategies that will respond to market conditions over time. The Specific Plan will serve as the zoning umbrella for the Vallco Shopping District, conform to and inform master plans, and is anticipated to include, but is not limited to the following: •Land Use/Residential: The plan will define land use designations, including total number of units, densities, square footage of non- residential uses, mixed-use, and employment generating land uses. Population and job projections, and possibly student generation projections will be included. •Transportation and Parking: Description of circulation for vehicles, transit, bicycles, and pedestrians. New streets, paths and connections shall be included. Parking management strategies and transit oriented development parking ratios will be identified, based on the prior or other similar parking demand analysis and the anticipated mix of uses. •Design and Streetscape Standards: Policies and standards to promote pedestrian and bicycle-friendly design to increase pedestrian and bicyclist comfort and safety, and intended to transform the suburban, auto oriented layout of the mall. •Open Space Plan: The plan will address the provision of adequate public and private open space as an integral part of the conceptual land-use plan. •Public Services: Information about services and infrastructure needed to implement the plan, including specific policies regarding utilities, public safety, parks, schools, and cultural facilities. •Sustainability Opportunity Analysis: A detailed, long-range strategy to achieve project sustainability in the sectors of greenhouse gas emissions, energy, transportation and land use, solid waste, water, and economic development. •Technical Studies for the Specific Plan: Technical studies could include but are not limited to assessment of strategies and necessary improvements for development projects, mobility, and streetscape design such as: -Infrastructure implementation. -Financing plan and market analysis. -Alternatives analysis for floor area allocations and land uses across the Specific Plan area. -Transportation Demand Management plan/ memo, which may include a parking policy and management plan. •Community Involvement: Community engagement will continue to take place during the Specific Plan development. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 Mixed Land Uses The sixteen-block town center layout will provide a flexible framework that allows a vibrant mix of uses be distributed both horizontally and vertically across the sites west and east of Wolfe Road. The highest priority for the success of The Hills at Vallco is the location and distribution of the family friendly retail and entertainment, followed by the integration of complementary apartments, offices, and parking. The ground floor level across the site will have ample spaces for small, medium and large retail uses. On top of the ground floor retail will be at least one of following uses: a second retail level to provide double height spaces for flagship stores, apartments, offices, or parking. Vibrant Retail There will be multiple types and sizes of retail space to serve The Hills at Vallco located at and near the most walkable and transit connected places within the site. Stevens Creek Boulevard is a major pedestrian town center entrance. From there, the retail promenade, which connects Stevens Creek Boulevard with Town Square West, will form a walkable shopping loop. Additional retail will be located along Stevens Creek Boulevard, Town Square East, Wolfe Road and Vallco Parkway to activate the public streets with pedestrian life. Stevens Creek Boulevard Entrance Commuters, pedestrians, and bicyclists will enter The Hills at Vallco from Stevens Creek Boulevard. They will arrive at a generous entrance plaza, lined with two-story flagship retailers with prominent facades in Blocks 1, 3, and 7, all of which face and address the scale of Stevens Creek Boulevard. The entrance plaza will provide two pedestrian entry points to the retail promenade at Avenues A and B. Retail Promenade The ground floor retail promenade along Avenues A and B extending from Stevens Creek Boulevard north will be complemented above by apartments on the upper floors of Blocks 1, 2, 3, 4, 7, 8, and 9, and will join up with the AMC Theater and additional entertainment and recreational programming at the northern edge of the Town Square West. Market Hall Block 8 will contain a signature space for various specialty and artisanal food venues. The Market Hall will activate the entrance to The Hills at Vallco at the Wolfe Road and Vallco Parkway intersection. Town Square East The group floor corners of Blocks 11, 12, 13, 14, 15, and 16 will contain a mixture of small to medium-sized retail as well as destination food and beverage venues that provide support during the day and evening to the employees and visitors of the mixed-use retail and office district. Vital Entertainment and Recreation On the north side of Town Square West, situated in Blocks 5 and 6, the primary entertainment, sports, and recreation spaces, including the AMC Theater, a bowling alley, a fitness center, and an ice rink, will be located. AMC Theater The centerpiece of the entertainment zone will be a state-of-the-art, multi-screen AMC Theater. The theater faces south onto Town Square West with a mezzanine overlooking the square that is complemented by various food and beverage venues, outdoor seating, and retail shopping. The Hills at Vallco | Project Description | September 2015 Bowling Alley The next generation, multi-use bowling alley will be located adjacent to the AMC Theater. Ice Rink The regulation sized ice rink will be located at the northern-most position of this block, with viewing stands built alongside. Fitness Center The new fitness center will be located on the upper floors to provided direct access to rooftop community wellness activities. Active Civic Spaces The 10,000 square feet high-school Innovation Center will serve as an innovation and collaboration hub, project space, art gallery, and competition arena for robotics tournaments. About 5,000 square feet of space will be reserved for community group activities and local nonprofit organizations. The Hills at Vallco will continue to collaborate with the community to identify and create first- class civic and cultural destinations. Attractive and Integrated Residential The Hills at Vallco proposes mixed-use residential over ground floor retail. The residential residential mix promotes an inclusive town center lifestyle and will serve a range of household types and income levels inclusive of singles, couples, young families, active seniors, visiting executives, and low income households. The residential unit mix will include: Apartments with parking and residential amenities will be situated in Blocks 1, 2, 3, 4, 7, 8, and 9. Cutting Edge Offices Two million square feet Class-A office space will provide the most up-to-date, efficient and flexible spaces for incubators or start-ups, emerging or established companies across the lifecycle of Silicon Valley companies. 75 percent of the office spaces will be located in the mixed-use retail and office district East of Wolfe Road. Blocks 11, 12, 13, 14, 15, and 16 will provide the flexibility to be connected by pedestrian bridges at the upper floors. The other 25 percent will be located West of Wolfe Road in Blocks 9 and 10. Office entrances, lobbies and some of the employee amenities will be located at ground floor in such a manner that they enhance the active use of the walkable town center streets and town squares. Signature Rooftop Amenities The community garden and nature preserve of The Hills at Vallco will contain a multitude of community-based, educational, and civic- oriented spaces to serve the citizens of Cupertino. It will also provide residential amenities required by City code, and reserved amenity spaces for office uses. The single level rooftop pavilions will serve community, residential, and office functions. The community banquet hall, with a capacity of more than 2,000 occupants, and wine garden adjacent to the vineyards will be used for large community gatherings such as weddings, fundraisers, cultural events and festivals. The rooftop amenity program will be further considered in collaboration with the local community and future users. The Hills at Vallco | Project Description | September 2015 Distributed Parking Approximately 9,175 parking spaces will be located below-grade, at grade, and in parking structures. The parking is allocated to each location as appropriate for the needs of the adjacent users and is separated where required and shared where possible. The basement levels will provide approximately 6,000 parking spaces. Basement Level 2 Basement Level 2 will have a floor to floor height of 12 feet, and will cover approximately 670,000 square feet on east of Wolfe Road to serve the offices. Basement Level 2 will be accessed from grade via ramps through basement level 1. Basement Level 1 Basement Level 1 will have a 15 foot floor to floor height. Basement Level 1 is accessed by multiple parking structure ramps from grade along Perimeter Road, Wolfe Road, and various on-site streets. At-Grade Parking Distributed around The Hills at Vallco is short term, at-grade parking along the various on-site streets for ease of access to the retail and entertainment venues. Parking Structures Residential parking will be provided in the resident only parking structures that are integrated with the apartments in Blocks 1, 2, 4, and 8. Office parking will be provided in Block 16. Efficient Central Plant A central plant will be located at the upper portion of Block 16 adjacent to the Hwy. 280. It will provide centralized heating and cooling to all blocks in the town center. Each town center block will contain mechanical support spaces in the interstitial spaces between the buildings and the green roof above. The mechanical equipment will be screened from public views by the roof structure. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 The Hills at Vallco recognizes the existing traffic conditions in the area and strategic location near Hwy. 280 and along key transportation corridors. The Hills at Vallco will incorporate following transportation strategies for Cupertino residents, employees, and visitors: Right Land Uses in the Right Place The Hills at Vallco is at the geographic center of the west side of Silicon Valley, near the intersection of two major freeways. Stevens Creek Boulevard is a key transit corridor in Santa Clara County and is served by local and limited- stop bus service at a combined rate of one bus every 5-10 minutes on weekdays to downtown San Jose and to De Anza College, with 15- minute frequency on weekends and weeknights. The stop at Stevens Creek Boulevard and Wolfe Road is served now by both local and limited- stop service and is slated by VTA to receive rapid service within the next several years and eventually, a bus rapid transit station. There is no better location for a long-needed town center for Cupertino. Locating jobs, residential, retail and education uses in a town center can significantly reduce driving distances for jobs and necessary services, particularly compared to single-use office districts east of Hwy.101. By providing a mix of retail, residential, and offices, The Hills at Vallco makes it possible to live and work on site, and increases opportunities for shorter commutes. Daily Life Within Walking Distance The Hills at Vallco is a mixed-use shop, live, work, learn, and play environment. Employees will not need to get in their cars to run errands or go to lunch. Residents will be able to shop, dine, and get groceries on foot. Even those who do drive will be able to park once and take care of several activities, significantly reducing traffic demand compared to single-use destinations. First Class Alternatives to Driving As detailed in other sections, The Hills at Vallco will offer a high level of transportation services, including shuttles, on-site bike commuter amenities, car-share, and other features, in keeping with best practices elsewhere in Silicon Valley. The intention is to create a transportation mode shift away from single-occupancy vehicles and into alternative transportation modes that will minimize traffic and congestion in the City. Information Technology In order to help motorists find the closest available parking space, transit riders find their bus or shuttle, bike commuters identify the best route, and carpoolers join together, we will use the smart information technologies, tailored to The Hills at Vallco. Transportation Demand Management The approach to transportation demand management at The Hills at Vallco is to systematically and actively remove the reasons a person has to drive, including a multitude of subsidized services for residents, workers, visitors, and the community at large. The investments in transportation options are intended to generate benefits in terms of minimizing congestion, and improving health and environment. We will actively work to reach our goals. Further, the following transportation demand management features are planned: - Bicycle Friendly Creating a safe, relaxing place to bicycle. Cyclists will have a first class ticket to ride at The Hills at Vallco. The many support services offered on-site further prove our commitment to cycling, such as repair stations, bike racks, wayfinding and other features. The Hills at Vallco | Project Description | September 2015 - Circulation Improvements Becoming a more multimodal city transcends the initiatives of any single neighborhood. To that end, we are invested in improving conditions for pedestrians, cyclists, and transit riders in Cupertino. - Carpool, Carshare, and Rideshare Carshare, vehicle pods, an online ridematching service, and priority parking for carpoolers at The Hills at Vallco will encourage people to share vehicles and rides. No longer will carpoolers have to worry about finding others who are interested and conveniently located. Some people will give up car ownership entirely. - Multimodal Financial Incentives The Hills at Vallco understand that the bottom line of finances often determines a person’s ability to switch to healthier, more sustainable transportation modes. The Hills at Vallco and its future tenants and employers will help with a variety of on-going financial incentives to encourage walking, biking, and riding transit. - Robust Transportation Management The transportation demand management program at The Hills at Vallco will be robust and comprehensive. It will provide free and subsidized services for residents, employees, and even the public at large. It starts with having people who can effectively generate excitement for and participation in the multitude of services available, and coordinate with other organizations in the community to multiply the effectiveness of the programs offered. Site Access The Hills at Vallco will be integrated into the surrounding existing and planned roadway, bicycle and pedestrian, and transit networks. Roadway access points along Stevens Creek Boulevard, Wolfe Road, and Vallco Parkway will be located similarly to today but will provide safe pedestrian and bicycle crossings, transit access, and will connect to thoughtful internal street grids that allow for efficient and safe circulation. The access points and internal roadway network will provide redundant routes for internal circulation to minimize the amount of traffic. Vehicular Traffic Improvements One new signalized intersection is proposed along Wolfe Road between Vallco Parkway and the Hwy. 280 interchange. This intersection is intended to facilitate bicycle, pedestrian, and vehicular access to and from the east side of the property. Transit Improvements The Hills at Vallco has been designed to embrace the intersection of Stevens Creek Boulevard and Wolfe Road as a transit center to service the proposed complimentary Cupertino community shuttle, VTA buses, corporate shuttles, sharing economy transportation services. The transit center will specifically accommodate the VTA’s existing Stevens Creek bus line 23 and 323. The Hills at Vallco will have an entrance plaza along Stevens Creek Boulevard that will accommodate pedestrian access to curbside station. The new plaza will improve the pedestrian experience to the existing curbside stop along Stevens Creek Boulevard. Given the anticipated ridership generated by The Hills at Vallco, the stop will likely qualify to be a major bus stop; the specific palette of amenities will be specified in VTA’s forthcoming (fall 2015) Transit Passenger Environment Plan. The existing bus stops along Wolfe Road near Vallco Parkway will also be upgraded with improved passenger waiting areas and pedestrian access into the site. High-quality commuter shuttle services are now offered by numerous employers in Silicon Valley in an effort to reduce the number of car trips generated by their office workers. Each shuttle has seating capacity for 50 to 70 passengers. The Hills at Vallco will also feature a transit center for the offices located near the The Hills at Vallco | Project Description | September 2015 intersection of Vallco Parkway and Perimeter Road that will accommodate the loading or unloading of up to several shuttles at once. The location of the transit center has been selected to provide easy access to and from Hwy. 280, but also the ability to travel in all directions. Emergency Vehicular Traffic The onsite roadway network will support emergency vehicle access by providing sufficient roadway width for emergency vehicles on all interior streets, sufficient turning radii for large vehicles, adequate height clearances including in the Wolfe Road tunnel crossing, and a well- organized street network with numerous access points to the surrounding network. Parking There will be approximately 9,175 parking spaces that will be distributed between underground parking structures, surface parking, and above-grade parking structures. Parking access points are strategically located to intercept incoming cars and to facilitate efficient egress to minimize interior on-street traffic in order to prioritize pedestrians and bikes. Circulation will be provided within the underground parking to reduce unnecessary entries and exits and to minimize circling at street level. Street Parking Flexibility Similar to how other urban areas in the South Bay have adapted their use of street parking, the street parking at The Hills at Vallco will be used flexibly. Street parking space, in addition to its original use, could be adapted to provide restaurant and café seating areas, parklets, additional sidewalk amenities, or could be used for temporary events such as farmers markets and art and craft festivals. Parking Dimensions The Hills at Vallco will comply with Cupertino's zoning regulations which require uni-size parking stalls of 8’-6”x18’-0”. Other than parallel surface street parking, 90 degree parking stalls for maximum efficiency will be proposed, which will requires a 24’-0” drive aisle. Accessibility Parking Accessible parking will be provided per the American’s with Disabilities Act and the Building Code. Electric Vehicle Parking The Hills at Vallco anticipates that EV charging stations at the opening will far exceed the minimum Cupertino code requirements. Parking Guidance System The Hills at Vallco will incorporate a state-of-the- art parking guidance system that will direct vehicles to open spaces. This system will provide sensors for every parking space that provides accurate counting to a signage system and to mobile and web based technology to communicate parking count status and to direct patrons to where parking is available. This reduces the amount of circulation necessary to find a parking stall which in turn reduces emissions, and makes the visitor experience more convenient and pleasant. The Hills at Vallco | Project Description | September 2015 Pedestrian Connectivity The Hills at Vallco will provide safe and comfortable connections for all pedestrians. Sidewalks will be continuous, accessible, and tree-lined with signalized crosswalks safely connecting the street grid. The at-grade pedestrian-friendly streets will support universal access with gentle slopes. Bulb-outs will protect pedestrians at public streets accessing the site, and the narrow streetscapes and bulb-outs within the property will provide an environment to facilitate comfortable walking. The South Vallco Connectivity Plan was used to guide the development of these features, including intersection improvements and prioritization of streetscape design for better walkability. Town Squares West and East Town Squares East and West will highlight The Hills at Vallco’s walkability and focus on community life. The streets surrounding the town squares are intended to extend the area of each town square by emphasizing the shared nature of the street, through use of different paving materials, color, height differences, or other street design features. These town squares will form the focal point for temporary street closure events. Wolfe Road Crossing Connecting Town Squares West and East will be a landscaped pedestrian bridge that will extend over Wolfe Road for a variety of activities, such as walking, jogging, and hiking. This will replace the existing heavy and enclosed bridge. Bicycle Connectivity The Hills at Vallco will prioritize access and circulation for bicyclists of all comfort levels. The existing bicycle network on Wolfe Road, Vallco Parkway, and Stevens Creek Boulevard will continue onto the site with additional bike lanes on 4th and 6th Streets. The Perimeter Road tunnel will provide a through, grade-separated route across the property, as it has in the past, but with improved functionality and environment for bicyclists. Further within the site, bicycle striping, green bike lanes, and bike boxes will continue to highlight a multimodal street network. There will be a network for everyone, from commuters who prefer the fastest route to shoppers and park visitors who want to take their time exploring the green roof and bridge. Perimeter Road Shared Use Path The existing sidewalk surrounding The Hills at Vallco will be improved and expanded into a shared use, off-street path. As envisioned in the South Vallco Connectivity Plan, the path will be separated from Perimeter Road and will support both bicyclists and pedestrians. Where existing trees beautify the streetscape, the path will split, minimizing disturbance to the trees and allowing the path to be shaded. Any trees that cannot remain along Perimeter Road will be relocated or new trees will be planted in place of trees that must be removed. The shared use path will allow for multiple connection points to future paths at the northern project border, as identified in the South Vallco Connectivity Plan. Minimizing Conflict Intersection design will ease pedestrians, bicyclists, and vehicles to their destination with minimal conflict. For example, a new intersection proposed at Wolfe Road and 6th Street will provide an east-west bidirectional bike lanes along the south edge that allows bicyclists and pedestrians to cross without conflicts with southbound vehicles turning left from Wolfe to 6th and westbound vehicles turning right from The Hills at Vallco | Project Description | September 2015 6th to Wolfe. Along Perimeter Road, crossings will be clearly marked to facilitate connections from the shared use path into the internal street grid. Interior streets will be designed as low- speed shared streets that feature a healthy mixing of bicycle, auto, and street parking activity. Bicycle Amenities Bolstering the bicycle network will be amenities for secure, comfortable bicycling. In addition to the short term bike parking located throughout the property, cyclists will have access to bike lockers, indoor bike parking, and charging for electric bike users. Bike repair stations will also be provided a various locations in around the Hills at Vallco. Within offices, employees will have showers and changing facilities to comfortably continue the day after an active commute to work. Coordinating with retail services on site, cyclists could access a bike shop with a professional bicycle mechanic to help with maintenance needs or to purchase supplies. Programming for Walking and Biking Programming through strong transportation management will incentivize and support active transportation. Commuters who bike or walk to work will receive incentives and personalized trip planning support. Residents and employees will be able to take part in bicycle and helmet giveaway programs. For active travelers who would rather go with a group, walk and bike pool clubs could offer guided tours to work. Employees, residents, and shoppers will be able to participate in site-wide events to celebrate bicycling and walking. Together, these amenities align perfectly with many of the South Vallco Connectivity Plan objectives, including emphases on bicycle and pedestrian connectivity, streetscapes, and image and brand. Vehicle Connectivity While connectivity for pedestrians and bicyclists will be prioritized, efficient vehicle flow enables efficient travel for everyone. The Hills at Vallco will have a clear roadway hierarchy that directs most vehicles to the parking garages efficiently, reducing potential conflicts with pedestrians and bicyclists on the at-grade street network. The existing public roads of Wolfe Road, Stevens Creek Boulevard, and Vallco Parkway are designed to handle the most vehicle capacity. Connectors are second in the hierarchy with 4th St, portions of 6th St, and Perimeter Road directing vehicles towards the primary roadways. Vehicles most easily access the site from Stevens Creek Boulevard at Perimeter Road, from northbound Wolfe at 4th Street/Vallco Parkway, and from southbound Wolfe Road straight into the parking garages north of 6th Street. Vehicles that venture further into the site will encounter narrower, slower streets with greater bicycle and pedestrian activity. In general, the small block street network envisioned in the South Vallco Connectivity Plan will encourage the objective of efficient and safe multimodal circulation. The Hills at Vallco | Project Description | September 2015 Public Improvements Public Improvements to adjacent roadways include: Wolfe Road •Create an urban-style setting with logical and accessible pedestrian-scale roads. •Create logical, identifiable, and safe vehicular, pedestrian, and bicycle connections between public roadways and the parking areas throughout the South Vallco area. •Improve sidewalks along Wolfe Road from Stevens Creek Boulevard to Hwy. 280. •Restripe and color bike lanes along Wolfe Road from Stevens Creek Boulevard to Hwy. 280. •Preserve majority of mature, healthy trees along Wolfe Road while relocating and planting new trees. •Provide pedestrian-scale lighting and street furniture along Wolfe Road to encourage pedestrian access to commercial venues. •Rebuild the Perimeter Road tunnel to provide adequate height clearance to permit service vehicles, trucks, emergency vehicles, and other taller vehicles so that these necessary service activities can move across the property without crossing Wolfe Road at grade. •Build additional tunnel under Wolfe Road to improve the parking circulation, connecting the parking basements east and west of Wolfe Road. Stevens Creek Boulevard •Provide retail shopping front door entry point accessed directly from Stevens Creek Boulevard. There will be both a vehicular entry and a pedestrian-only entry with easy connections to rapid transit buses and community shuttle. •Create logical, identifiable, and safe vehicular, pedestrian, and bicycle connections between public roadways and the parking areas throughout South Vallco. •Preserve vast majority of healthy, mature trees along Stevens Creek Boulevard while relocating and planting new trees. Vallco Parkway •Create a multi-use street that allows for ground floor retail and comfortable pedestrian experience, a private shuttle stop, continuous bike lanes, and entry and exit points to the property, while accommodating traffic turning movements onto Wolfe Road. •Create a smooth transition to and from the proposed bidirectional shared-use path along Perimeter Road. •Convert the street west of Wolfe Road from a underground parking garage and basement entry into an open air, accessible ceremonial entrance to The Hills at Vallco and connecting it to Main Street Cupertino and the South Vallco Park area. The Hills at Vallco | Project Description | September 2015 The property owner has analyzed both the new project needs and the greater community needs in terms of utilities and their impact on the currently available capacity. As such, The Hills at Vallco strives to have the smallest impact on the current public infrastructure by sustainably reusing, recycling, and reclaiming many of the power, water, and sanitary for reuse back into The Hills at Vallco. Storm Drain The majority of rain that falls on The Hills at Vallco will land on the green roof structure above street level. This water will be cleansed and, to the fullest extent possible, collected and reused on site for irrigation and other recycled water uses to reduce the domestic water dependency of the project. By dealing with storm water runoff in this manner the project will go above and beyond storm water cleansing and LEED requirements. This will also greatly reduce the runoff from the current conditions which is above and beyond the minimum requirements for stormwater treatment. Rain that falls on the podium area and Perimeter Road will treated and reused depending upon the location and the irrigation demand requirements. The existing public storm drain runs north down Wolfe Road and cuts through a portion of the property where the proposed development will be located. The plan for this public storm drain is to rework the drainage on Wolfe Road to flow to Vallco Parkway and then east down Vallco Parkway to the intersection with Perimeter Road. A new public storm drain will be installed in Perimeter Road located in the public utility easement for discharge into the Junipero Serra Channel owned by Santa Clara Valley Water District along Hwy. 280. All existing laterals and catch basins along The Hills at Vallco will be reconnected to the new line. Sanitary Sewer Sanitary sewer will be separated into grey water and black water, with grey water being used to the fullest extent possible for irrigation and potentially other uses as allowed by code. This will reduce the impact on the public sanitary sewer system and The Hills at Vallco's future demand. Black water treatment and reuse will be explored during the design phases given the extent of the green roof and the need to fertilize and irrigate the vegetation. The existing public sanitary sewer is owned and operated by Cupertino Sanitation District and runs north down Wolfe Road and cuts through a portion of the property where the proposed development will be located. The proposed plan for the public sanitary sewer main is to reroute the main that flows North on Wolfe Road to flow back south to Vallco Parkway and then East down Vallco Parkway to the intersection with Perimeter Road. A new public sanitary sewer will be installed in Perimeter Road located in the public utility easement around the development and reconnected to the existing sewer main that crosses Hwy. 280. All existing laterals along Vallco Parkway will be reconnected to the new line. The Hills at Vallco | Project Description | September 2015 Domestic Water Lines Public water lines are owned and operated by California Water Service Company and mains exist down Wolfe Road from North to South, and enter into the property where the proposed development will be located. There are also public water main lines running in Perimeter road, both on the East and West. The proposed development will reroute the main line that runs down Wolfe Road and direct it all to new public main lines that surround the project in Perimeter Road. These lines will be reconnected to the main loop that runs under Hwy. 280. The Hills at Vallco will be serviced from a new public water main line installed in Perimeter Road by this project and located in an easement to the California Water Company. Fire Water Lines Cupertino and California Water Service Company have a combined fire and domestic water system. All of the work laid out in the Domestic Water Lines section will also be applicable for Fire water service, and all buildings fire water will be served off or Perimeter Road and meet Fire Code Requirements. Recycled Water Lines The property owner is collaborating and pursuing a public private partnership with the necessary agencies, California Department of Transportation, Santa Clara Valley Water District, Sunnyvale, California Water Service Company and Cupertino to provide recycled water from Sunnyvale, north of the site, across Hwy. 280. This analysis has proven that a connection to the Sunnyvale recycled water system is feasible and will continue to be pursued. The Hills at Vallco will be plumbed to accept recycled water to accommodate the public recycled water system installed in the future near the site. Gas Lines Public gas is owned and operated by Pacific Gas and Electric and these lines run underground on the east side of Wolfe Road from north to south. There are no proposed changes to these lines. The Hills at Vallco will pull public gas lines from Wolfe Road, and down Perimeter Road. Service lines for the buildings will be pulled off of this new public line. Communication Lines Public communication lines run underground on the east side of Wolfe Road from north to south, there are no proposed changes to these lines. The proposed development will pull its communications lines from Wolfe Road and serve the proposed buildings off of Perimeter Road. Electric Lines Public high voltage electric is owned and operated by Pacific Gas and Electric and these lines run underground on the east side of Wolfe Road from north to south, there are no proposed changes to these lines. The Hills at Vallco will pull public underground lines from Wolfe Road, and down Perimeter Road. Service lines for the buildings will be pulled off of this new public line. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco will create a pleasant and safe pedestrian-oriented town center by replacing the existing surface parking lots of the Vallco Shopping Mall with below-grade parking structures. Through the careful analysis of the existing grading and using the naturally occurring slope of the site, The Hills at Vallco will minimize the amount of excavation required to create the parking basement levels. Grading The site is approximately 50 acres and is bisected by Wolfe Road with a bridging structure over the top of the public road. Existing grades around the perimeter of the site range from an elevation of about 195 feet above sea level along Stevens Creek Boulevard to an elevation of about 175 feet above sea level to the north of Perimeter Road. There is also an existing tunnel at Perimeter Road that runs in the east - west direction under Wolfe Road. The site has a large concrete building that will be demolished as a part of this project that includes basements and retaining walls. The Hills at Vallco will follow the natural slope of the site, stepping down towards the north so as to minimize excavation and reworking of roads in the most efficient and cost effective manner. This will allow for smooth transitions to the public right of way, all vehicular access points, and provide easily accessible pedestrian and bicycle-friendly circulation. Parking and Excavation The Hills at Vallco will include about two-thirds of the vehicular parking below-grade. It will be located in two below-grade parking garages, one on each side of Wolfe Road. The proposed floor to floor sections for both garages are 15 feet for the first basement level and 12 feet for the second basement level, which only occurs on the east side of Wolfe Road. The basement will have a four foot thick slab. The basement level on the west side of Wolfe Road is roughly 26.3 acres and each basement level on the East side of Wolfe is roughly 15 acres. The remainder of the required parking will be located as surface street parking as well as structured parking integrated within buildings where feasible. This parking approach will create great improvements to the public realm for the community, and the creation of the parking basement will inevitably cause excavation and off-haul of soils. Demolition materials that can be recycled and reused on site will be stockpiled, including concrete from the building and asphalt and base rock. Some of the soil excavation from the project site will be used on the green roof and in landscaped areas at grade. Construction The property owner anticipates commencing construction immediately after approval and expects the completion of the first construction phase in the second half of 2018. The first construction phase is intended to include the relocation and enhancement of the existing entertainment, sports, and recreation venues serving Cupertino - AMC Theater, the bowling alley, and the ice rink. The start of the subsequent construction phases will overlap with the first phase by about six months, starting in the first half of 2018. The property owner’s construction protocol will promote emissions reduction measures, including the use of fuel efficient vehicles, and clean-burning fuels. The Hills at Vallco | Project Description | September 2015 The property owner's environmental sustainability goal for The Hills at Vallco is to achieve LEED Platinum certification. This objective will go significantly beyond the City of Cupertino’s LEED Silver requirement for new construction. Given the scale and complexity of The Hills at Vallco, the property owner will collaborate with the Green Building Certification Institute to establish the appropriate LEED certification approach. Green Roof The core of the property owner's environmental sustainability strategy is the commitment to the world’s largest green roof, which will result in climate responsive and high performance buildings, infrastructure, and landscape. The 30 acres will improve resource efficiency and mitigate climate change, resulting in unprecedented public and private benefits: •reduced stormwater runoff •improved water quality •reduced urban heat island •improved air quality •improved thermal insulation •reduced energy consumption •reduced noise •extended life of building roof •improved carbon storage •improved bio-diversity In addition, the green roof will improve outdoor comfort and user experience. Water Conservation The property owner will explore the feasibility of a Net-Zero Water initiative with the intent to maximize water conservation and will extend the recycled water line from Sunnyvale to The Hills at Vallco. The property owner is currently pursuing a public-private partnership with Sunnyvale, Santa Clara Valley Water District, California Water Services Company and Cupertino. Conservation measures under consideration are: •Utilize the municipal recycled water supply for irrigation, cooling towers and toilet flushing, while sending greywater and blackwater to the local sewage treatment plant that supplies the recycled water, thereby closing the loop. •Collect rainwater and minimally treat to offset some of the recycled water and also meet storm water goals. •Obtain potable water for drinking, sinks and showers from the utility. This will include the monitoring of the hydrology purification advances by the utility. •Reduce water consumption through building energy efficiency, as significant water is wasted through the generation of energy. Landscape Irrigation The local climate is characterized by warm, dry summers and cool, moist winters. Average rainfall has been historically about 15 inches/ year, falling from November through March. Recent drought conditions have been accounted for in the planning and irrigation planning. The Hills at Vallco plant palette is focused on a native species mix that can adapt to fluctuations in seasonal rainfall. Efficient drip irrigation is planned for all landscape trees. After establishment, the meadows and woody shrubs on the roof will need irrigation primarily to supplement seasonal lack of rainfall and to maintain a fire-safe landscape environment. Water Sources Recycled water from the Sunnyvale Water treatment facility will be used as a primary source of landscape irrigation. Periodic testing of water chemistry, primarily for salts and chemical solutes will be necessary to monitor any The Hills at Vallco | Project Description | September 2015 variations in suitability for irrigation and to support long-term plant health. The use of potable water will be avoided wherever feasible and any usage will comply with all state and local water restrictions. Additional sources of water for landscape use might include seasonal storm water capture and reuse and/or residential greywater. Water Use Efficiency The Hills at Vallco seeks to reduce the consumption of potable water. The foundation of this is the use of low flow and ultra-low flow plumbing fixtures with the goal of achieving a reduction in potable water usage below the baseline of the California Green Building Standards Code, which is already a 30 percent reduction compared to the performance of typical buildings in the United States. An optimized heating, ventilation, and air conditioning strategy will reduce water use, saving millions of gallons of water each year. Shifting cooling production from warm days to cooler nights may allow for air cooled chillers to operate with efficiency that approaches the performance of water cooled equipment while avoiding the tens of millions of gallons of annual evaporation that would come with water cooled equipment. Improved energy efficiency of The Hills at Vallco will benefit the region by avoiding water use in power plants, which consume an average of two gallons of water for each kilowatt hours of energy spent on site. Climate Responsive Design The Hills at Vallco will prioritize and integrate climate responsive design strategies that leverage the exceptional Mediterranean climate of Cupertino to improve user comfort and to reduce energy use of mechanical, electrical and information technology systems. This will result in energy and water conservation, and lower carbon emissions. A combination of the geometry of the compact town center layout, the vast green roof, high performance building envelopes, thermal mass, natural ventilation, natural daylight, and internal load reduction will accomplish these goals. Active energy design strategies, such as low energy systems, displacement ventilation, heat recovery, efficient mechanical, electrical and information technology equipment, LED lighting, load scheduling, and other strategies will complement the climate responsive design. Renewable Energy The property owner will explore strategies to maximize the use of renewable energy for the overall energy needs of The Hills at Vallco. This will include on-site and grid provided solutions. Green Building Codes and Regulations All buildings will be designed and constructed to meet or exceed the requirements of the current 2013 California Green Building Standards Code and the 2013 California Energy Code. The Hills at Vallco will use green building, high performance, and environmental sustainable strategies to meet or exceed the code required benchmarks for energy efficiency, water efficiency and carbon emission reduction. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 West of Wolfe Road This site is bounded by Stevens Creek Boulevard on the south, Wolfe Road on the east, and the outside edge of Perimeter Road on the west and north (of which it is inclusive). It contains three buildings, including the primary mall building (with two anchor stores, formerly Macy’s and Sears), an automotive center, and a restaurant building, and two parking structures. 10101 Wolfe Road APNs: 316-20-080 and 316-20-081 10123 Wolfe Road APNs: 316-20-105, 316-20-106 and 316-20-107 10333 Wolfe Road APNs: 316-20-101 Site Area: 33.2 acres East of Wolfe Road This site is bounded by Vallco Parkway to the south, Wolfe Road to the west, and Perimeter road to the north and east (of which it is inclusive). It contains two buildings, including the secondary mall building (with one anchor store, JC Penney’s) and one parking structure 10150 Wolfe Road APNs: 316-20-094 and 316-20-095 2074 Vallco Parkway APN: 316-20-100 Site Area: 17.6 acres The Hills at Vallco | Project Description | September 2015 Blocks 1 and 2 Mixed-Use Blocks 1 and 2 are connected at the upper floors across 2nd Street and face Town Square West and Stevens Creek Boulevard. They are comprised of approximately 415,000 square feet of retail, residential, and parking. Block 1 is approximately 470 feet by 205 feet, Block 2 about 555 feet by 205 feet. They house ground floor retail along the retail promenade with residential entry lobbies and ground floor amenities with 16 feet floor to floor height. Above the ground floor are three stories of approximately 130 residential apartments containing a mix of studios, one bedrooms, two bedrooms, and penthouse units. Above-grade parking is located to the rear of the residential units. There is a below grade parking structure entrance at the mid-point between Block 1 and 2 that permits retail visitors easy and quick access to the parking structure from Perimeter Road Block 3 Mixed-Use Block 3 faces Town Square West and Stevens Creek Boulevard and is comprised of approximately 160,000 square feet of retail and residential. The approximately 175 feet long by 175 feet wide block houses a ground floor of retail as part of the Retail promenade with a residential entry lobby and ground floor amenity that has a floor to floor height of 16 feet. Above the ground floor are 4 stories of approximately 75 residential apartments containing a mix of studios, one bedrooms, two bedrooms, and penthouse units with various residential amenities. Block 4 Mixed-Use Block 4 has the prominent face opposite the AMC Theater on Town Square West and is comprised of approximately 400,000 square feet of retail, residential, and parking. The approximately 335 feet long and 175 feet wide block houses ground floor retail as part of the retail promenade. Ground level residential entrance lobbies, amenities, and retail have a floor to floor height of 16 feet. Above are six stories of approximately 200 residential apartments containing a mix of studios, one bedrooms, two bedrooms, and penthouse units. Planned in this block is an above-grade structured parking to the rear of the residential units. Blocks 5 and 6 Mixed-Use Blocks 5 and 6 are connected at the upper floors across 6th Street. They are located at the northwest corner at Perimeter Road and are comprised of approximately 310,000 square feet of the most up-to-date entertainment, recreation, sports, and dining. The approximately 920 feet by 175 feet block houses the entertainment and recreation heart, including AMC Theater, bowling alley, ice rink, and fitness center. The basement parking for Blocks 5 and 6 will be accessible via Perimeter Road. Block 7 Mixed-Use Block 7 is at the corner of Vallco and Wolfe Road and is comprised of approximately 130,000 square feet of retail, residential, and amenity spaces. The approximately 175 feet by 145 feet block houses a ground floor of retail as part of the retail promenade and a residential entry lobby that has a floor to floor height of 16 feet. Above the ground floor there are four stories of residential apartments containing a mix of studios, one bedroom, two bedroom, and penthouse apartments. Approximately 70 units are planned in this block with various residential amenities such as storage, fitness, and other functions for the local residents. Block 8 Mixed-Use Block 8 is comprised of approximately 440,000 square feet of retail, The Hills at Vallco | Project Description | September 2015 residential, and above grade parking. The approximately 465 feet by 140 feet block houses a ground floor of retail, residential entry lobbies, and amenities that have a floor to floor height of 16 feet. Above the ground floor are six stories of residential apartments containing a mix of studios, one bedrooms, two bedrooms, and penthouse units. Approximately 235 units are planned in this block with structured parking to the rear of the residential units. Market Hall is located at the ground floor on the north side of Block 8. Block 9 Mixed-Use Block 9 has prime frontage along Wolfe Road, Vallco Parkway, and Town Square West, and is comprised of approximately 360,000 square feet of retail, residential, and offices. The approximately 495 feet by 140 feet block houses ground floor retail and commercial offices with a floor to floor height of 16 feet. Above the ground floor will be six stories of most up-to-date, efficient and flexible Class-A office space with a floor to floor height of 15 feet. Connecting through Block 9 is the pedestrian Wolfe Road crossing that takes visitors from Town Square West to the roof and to Town Square East across Block 11. Above the ground floor are 4 to 6 stories of residential apartments containing a mix of studios, one bedrooms, two bedrooms, and penthouse units. The approximate 90 units are mixed with various residential amenities. Block 10 Mixed-Use Block 10 has prime frontage along Wolfe Road and is comprised of approximately 315,000 square feet of retail and offices. The approximately 405 feet by 140 feet block houses ground floor retail and commercial offices with a floor to floor height of 16 feet. Above the ground floor will be four stories of most up-to-date Class- A office space with a floor to floor height of 15 feet. Similar to Block 12, Block 10 has two primary entry points to the below-grade parking structure. Block 11 Mixed-Use Block 11 has prime frontage along Town Square East, Wolfe Road, and Vallco Parkway and is comprised of approximately 265,000 square feet of retail and offices. The approximately 475 feet by 140 feet block houses ground floor retail and commercial offices with a floor to floor height of 16 feet. Above the ground floor will be three stories of most up-to-date, efficient and flexible Class-A office space with a floor to floor height of 15 feet. Connecting through Block 11 is the pedestrian Wolfe Road crossing that takes visitors from Town Square East to the roof and to Town Square East across Block 9. Block 11 has an entrance to the underground parking structure serving the office structures and mitigates traffic flow back onto Vallco Parkway. Block 12 Mixed-Use Block 12 has prime frontage along Town Square East and Wolfe Road and is comprised of approximately 240,000 square feet of retail and offices. The approximately 405 feet by 140 feet block houses ground floor retail and commercial offices with a floor to floor height of 16 feet. Above the ground floor will be three stories of most up-to-date, efficient, and flexible Class-A office space with a floor to floor height of 15 feet. Block 12 has two entry points to the below-grade parking structure. The first is along Perimeter Road where the decline in grade to go beneath Wolfe Road provides an easy and convenient access point to the parking basement. The at- grade parking exiting along Wolfe Road will assist in providing egress from the parking structure without congesting the Hills at Vallco with cueing vehicles. The Hills at Vallco | Project Description | September 2015 Block 13 Mixed-Use Block 13 has prime frontage along Town Square East and Vallco Parkway and is comprised of approximately 330,000 square feet of retail and offices. The approximately 375 feet by 140 feet block integrates ground floor retail and commercial offices with a floor to floor height of 16 feet. Above the ground floor will be five levels of most up-to-date Class-A office space with a floor to floor height of 15 feet that is flexible for a multitude of tenant fit-outs and different leasing configurations. Block 14 Mixed-Use Block 14 has prime frontage along Town Square East and is comprised of approximately 280,000 square feet of retail and offices. The approximately 260 feet by 140 feet block integrates ground floor retail and commercial offices with a floor to floor height of 16 feet. Above the ground floor will be five stories of most up-to-date Class-A office space with a floor to floor height of 15 feet that is flexible for a multitude of tenant fit-outs and different leasing configurations. Block 15 Mixed-Use Block 15 has frontage along Vallco Parkway and is comprised of approximately 460,000 square feet of retail and offices. This approximately 490 feet by 140 feet block integrates ground floor retail and most up-to-date Class-A offices with a floor to floor height of 16 feet. Above, there are six levels of Class-A office space with a floor to floor height of 15 feet. This block is adjacent to the transit center serving the offices. Block 16 Mixed-Use Block 16 is comprised of approximately 390,000 square feet of retail, parking, and central plant spaces. The approximately 425 feet by 140 feet block integrates ground floor retail and parking with a floor to floor height of 16 feet. Above, there are eight parking levels containing approximately 1,000 cars with a floor to floor height of 10 feet. On the top floors is the Central Plant located, which will be shielded from views from the adjacent neighborhoods. The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 Site Information Site Area (acres)50.8 acres Site Net Area (acres)to be determined in collaboration with Cupertino Site Coverage (percent)to be determined in collaboration with Cupertino Total Hardscape Area (acres)to be determined in collaboration with Cupertino Total Softscape Area (acres) to be determined in collaboration with Cupertino Accessible Open Space Area (acres)30 acres Entitlements and Planning General Plan Land Use Designation Commercial, Office, Hotel, Residential Zoning Designation Specific Plan, Conformance Zoning General Plan Special Area Vallco Shopping District adjacent to Heart of the City and South Vallco Park Gateway Proposed Uses Commercial, Office, Residential, Civic, Open Space, Amenities Hours of Operation to be determined Number of Employees to be determined Parking Spaces 9,175 total per Cupertino Zoning Code Basement Parking 6,000 included in total spaces LEED Goal Platinum Cupertino requires Silver Number of Existing Trees 894 Number of Retained Trees 522 Number of Protected Trees 6 all 6 to be transplanted on site Number of Proposed Trees 1,807 including retained trees Site Grade Elevations (feet above sea level)175' - 195'following existing topography Soil Excavation/Off-Haul (cubic yards)2,200,000 Top Soil Import (cubic yards)168,000 The Hills at Vallco | Project Description | September 2015 Building Information Program Allocation Commercial and Civic Area (square feet)625,000 family friendly retail and entertainment, including restaurants, shops, AMC Theater, ice rink, bowling alley, community center, high school Innovation Center, transit center, or public amenities Market Rate Apartments Below Market Rate Apartments Senior Apartments 680 80 40 10 % studios 40 % one bedroom 10 % one bedroom + den 38 % two bedroom 2 % penthouse Office Area (square feet)2,000,000 potential for incubators, start- ups, emerging, or established Silicon Valley companies Hotel Rooms 0 148 rooms are existing in Vallco Shopping District Ancillary and Amenity Program Residential and Office Amenities Area (square feet)200,000 fitness center, conference center, cafeteria, atrium, pedestrian bridge, transit center, or rooftop amenity spaces Testing and Workshop Area (square feet)175,000 office support spaces Central Plant Area (square feet)35,000 Loading, Facility and Security Management Area (square feet) 75,000 Building Heights West of Wolfe Road Building Blocks 0’ Perimeter Road 80’ center of site 70' Wolfe Road 83' - existing AMC Theater height at Wolfe Road East of Wolfe Road Building Blocks 60’ Wolfe Road 110’ Hwy. 280 Rooftop Open Space Amenity Spaces single level pavilions in select locations The Hills at Vallco | Project Description | September 2015 The Hills at Vallco | Project Description | September 2015 Owner Vallco Property Owner, LLC Architect Rafael Viñoly Architects Landscape Architect OLIN Partnership, LTD. Civil Engineer Sandis Civil Engineers Surveys Planner, Inc. Transportation Engineer ARUP North America, LTD. Parking Planner Watry Design, Inc. Masterplan Consultant Wolfgang Wagener Retail Consultant MRA International, Inc. Open Space Consultant HR&A Advisors, Inc. School Consultant SCI Consulting Economic Impact Consultant Keyser Marston Associates Connectivity Consultant Nelson Nygaard Consulting Greenhouse Gas Emissions Consultant Ramboll Environ Recycled Water Consultant Luk and Associates Structural Engineer Nabih Youssef Associates Consulting Structural Engineer DCI Engineers Mechanical Engineer ME Engineers Climate Responsive Design Consultant Transsolar Sustainability Consultant ARUP LEED Consultant Brightworks ATTACHMENT B: THE HILLS AT VALLCO DRAFT EIR PROJECT DESCRIPTION The attached Draft EIR Project Description (December 8, 2015) was a working draft by the City and its consultants for The Hills at Vallco EIR. The CEQA process (including the finalization of the EIR project description) was placed on-hold indefinitely due to the Initiative. For this reason, the attached project description is in draft form. APP-121536 Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 1 Administrative Draft EIR, November 2015 SECTION 1.0 PROJECT INFORMATION 1.1 PROJECT LOCATION AND EXISTING DEVELOPMENT/USES The approximately 58-acre Specific Plan area consists of multiple parcels1 and is located at the North Wolfe Road/Vallco Parkway and North Wolfe Road/Stevens Creek Boulevard intersections in the City of Cupertino. The Specific Plan area is developed with the Vallco Shopping Mall. Regional and vicinity maps of the Specific Plan area are shown on Figures 1.1-1 and 1.1-2, respectively. The western portion of the Specific Plan area, west of North Wolfe Road, is approximately 38 acres in size and bounded by Interstate 280 (I-280) to the north, North Wolfe Road to the east, Stevens Creek Boulevard to the south, and Perimeter Road to the west. The western portion of the Specific Plan area is currently developed with several buildings: a primary mall building which connects two former anchor stores (Macy’s and Sears), a fitness gym (a satellite building formerly a Sears Auto Center), a satellite restaurant building (formerly TGI Fridays), three parking structures, and surface parking lots. The eastern portion of the Specific Plan area, east of North Wolfe Road, is approximately 19 acres in size and bounded by I-280 to the north, Perimeter Road to the east, Vallco Parkway to the south, and North Wolfe Road to the west. The eastern portion of the Specific Plan area is developed with a secondary mall building with an ice skating rink, bowling alley, and one anchor store (JCPenney), mall retail shops, food court, a satellite restaurant building (Alexander’s Steakhouse), a parking structure, and surface parking lots. A 148-room hotel was recently approved on the northern portion of the eastern portion (Hyatt House Hotel2) on land owned by KCR Development (refer to Figure 1.1-3). An enclosed, pedestrian bridge connects the mall buildings on the east and west sides of North Wolfe Road. The enclosed bridge consists of retail shops on either side of an enclosed pedestrian walkway. An aerial photograph of the Specific Plan area and the surrounding land uses is shown on Figure 1.1- 3. The surrounding land uses include residential and commercial uses to the west; a freeway (I-280), hotel, residential, and office uses to the north; commercial, office, and residential mixed-uses to the east; and commercial uses to the south. 1 Assessor Parcel Numbers: 316-20-080, -081, -082, -088, -092, -094, -095, -099, -100, -101, -103, -104, -105, -105, and -107. 2 Application Nos. DP-2014-04, ASA-2014-06, U-2014-04, EXC-2014-07, TR-2014-28, TR-2014-40. APP-122537 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 2 Administrative Draft EIR, November 2015 1.2 EXISTING GENERAL PLAN AND ZONING DESIGNATIONS The City of Cupertino is organized into 21 General Plan “Planning Areas,” consisting of nine “Special Areas” and 12 “Neighborhoods.” The Vallco Shopping District Special Area is the Specific Plan area. The Vallco Shopping District Special Area is designated as Commercial/Office/Residential in the City’s Land Use Map. The Commercial/Office/Residential land use designation applies to mixed-use areas that are predominantly commercial and office uses. Supporting residential uses may be allowed to offset job growth, to better balance the citywide jobs to housing ratio, and when they are compatible with the primarily non-residential character of the area. Development, both residential and non-residential, is subject to the numerical caps and other policies in the City’s General Plan. The Vallco Shopping District is also identified as a Priority Housing Element Site (Site A2) with 389 units allocated to the site in the General Plan Housing Element. Assuming a Specific Plan for the site is adopted by May 31, 2018, pursuant to General Plan Housing Element Strategy 1, the Vallco Shopping District is allocated 1.2 million square feet of commercial uses (which consists of a minimum 600,000 square feet of retail uses, of which a maximum of 30 percent may be entertainment uses), 2.0 million square feet of office uses, 339 hotel rooms, and 389 residential dwelling units as specified in the City’s Housing Element. Pursuant to General Plan Strategy LU- 1.2.1, development allocations may be transferred between Planning Areas provided no significant environmental impacts are identified beyond those already studied in the Community Vision 2040 Final EIR (SCH# 2014032007).3 The Specific Plan area is zoned P(Regional Shopping) – Planned Development Regional Shopping north of Vallco Parkway, and P(CG) – Planned Development General Commercial south of Vallco Parkway (west of North Wolfe Road). 3 Community Vision 2040 Final EIR analyzed the development of up to 1.2 million square feet of commercial uses, 2.0 million square feet of office uses, 339 hotel rooms, and 800 residential dwelling units within the Vallco Shopping District area. There is residential allocation available in other Planning Areas which may be transferred to the Vallco Shopping District without the need to amend the General Plan. APP-123538 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 3 Administrative Draft EIR, November 2015 1.3 BACKGROUND INFORMATION In the 1960s, 25 Cupertino families and property owners came together to develop the overall scheme for the 300-acre business park known as Vallco Park. The name “Vallco” was constructed from the first initials of each of the primary developers: Varian Associates and the Leonard, Lester, Craft, and Orlando families. This included properties to the north and south of I-280 – currently both the North Vallco Park Planning Area, South Vallco Park Planning Area, and the Vallco Shopping District. Ten years later, Vallco Shopping Mall was established as an approximately 50-acre retail component within the larger 300-acre business park. Vallco Shopping Mall opened under the brand Vallco Fashion Park in September 1976. When it was opened, Vallco Fashion Park was one of the largest shopping malls in Silicon Valley, drawing visitors from throughout the region. Vallco Shopping Mall thrived from the mid-1970s to the mid-1980s. By the mid-1980s, Vallco Shopping Mall had begun to suffer from the inability to respond to the changing demands of consumers and markets. Constraining factors included fragmented ownership, reciprocal real estate agreements that restricted improvements unless agreed upon by all owners, outdated infrastructure, inefficient parking layout, closure of anchor stores, and regional and sub- regional competition. Occupancy began to deteriorate at an accelerated rate in the 1990s and mall tenancy and quality of tenants continued steadily declining into the mid-2000s. In the early 1990’s the mall had tried to increase the mall occupancy by adding tenant space in the basement of the mall structure, however, by the mid 2000’s due to the undesirability of these spaces, the mall boarded off access to this area of the mall. In 2015, occupancy has dwindled to the point where vacant and papered storefronts outnumber active storefronts. A handful of mall tenants, including AMC Theater, have continued to perform well even throughout Vallco Shopping Mall’s leanest years. In December 2014, the City Council adopted new General Plan goals, policies, and strategies specifically relating to the Vallco Shopping District Special Area, within which Vallco Shopping Mall is located. The City envisions a complete redevelopment of Vallco Shopping Mall site into a “vibrant mixed-use town center” that is a focal point for regional visitors and the community.4 To realize this community vision, the General Plan “requires a master developer in order to remove the obstacles to the development of a cohesive district.”5 In December 2014, Sand Hill Property Company assembled approximately 50 acres within the Vallco Shopping District. The remaining seven acres within the Vallco Shopping District are owned by SIMEON and KCR Development. In October 2014, the City Council approved the development of a 148-room, five-story hotel on the KCR Development property.6 4 City of Cupertino. Cupertino Community Vision 2040. December 4, 2014. Page LU-54. 5 General Plan Strategy LU-19.1.1. 6 Application Nos. DP-2014-04, ASA-2014-06, U-2014-04, EXC-2014-07, TR-2014-28, TR-2014-40. APP-124539 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 4 Administrative Draft EIR, November 2015 1.4 PROJECT DESCRIPTION The proposed project consists of two components: 1) the Vallco Shopping District Specific Plan and 2) The Hills at Vallco project. These two components are described in detail below. 1.4.1 Vallco Shopping District Specific Plan [Note to City: This section to be completed pending submittal of Specific Plan, which will include assumptions for the SIMEON parcel] 1.4.2 The Hills at Vallco Project The Hills at Vallco is a redevelopment project proposed on the southern 50 acres of the Specific Plan area (hereinafter referred to as the “project site”). Development of the northern seven acres of the Specific Plan area is not proposed as part of The Hills at Vallco project.7 The Hills at Vallco project would include demolishing the existing buildings (mall, fitness gym, and restaurant buildings) and parking facilities on-site and removing the existing pattern of internal driveways and constructing a mixed-use “Town Center” with up to 650,000 square feet of commercial uses (including retail, restaurant, event, entertainment, and fitness uses),8 2.0 million square feet of office uses, and 800 residential units. The proposed office and residential uses would include additional amenity space, which is described in Section 1.4.2.1 below. In addition, approximately 40,000 square feet of civic/community space is proposed. The Hills at Vallco project includes 411 more residential units than allocated to the Vallco Shopping District area in the City’s Housing Element. However, the City’s General Plan has additional housing units available in other Planning Areas that are not allocated to specific Housing Element sites. Pursuant to General Plan Strategy LU-1.2.1, development allocations may be transferred among Planning Areas provided no significant environmental impacts are identified beyond those already studied in the Community Vision 2040 Final EIR (SCH# 2014032007). While the General Plan Housing Element allocation for the site is 389 units, the Community Vision 2040 Final EIR analyzed the development of up to 800 residential dwelling units on the site and there is adequate allocation in the General Plan to consider 411 additional units. The Hills at Vallco project would consist of a 16-block layout of buildings, two central town square plazas, and open space along a system of surface streets with the proposed land uses mixed both vertically and horizontally. For all the blocks, the ground floor level would include retail uses and the upper floors would have commercial (including entertainment), residential, and/or office uses. In Blocks 9-16, office uses would also occupy the ground floor level. A map showing the blocks and proposed uses for each block is shown on Figure 1.4-X. 7 The northern seven acres consists of two parcels, one owned by SIMEON and the other by KCR Development. A 148-room hotel (Hyatt House Hotel) was recently approved on the two-acre parcel owned by KCR Development. 8 The total 650,000 square feet of proposed commercial uses would be broken down as follows: a minimum of 420,000 square feet would be retail/restaurant uses, food establishments, and limited personal services; 180,000 square feet of which could be entertainment uses, and 50,000 square feet could be fitness uses. APP-125540 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 5 Administrative Draft EIR, November 2015 It is intended that blocks at the southwest corner of the project site (Blocks 1-4, 7, and 8) would consist of a mix of commercial and residential uses. Blocks 5 and 6 at the northwest corner of the development site are proposed for commercial uses, including entertainment and retail uses (including a movie theater, bowling alley, fitness center, and ice rink). Block 9 would consist of a mix of commercial, office, and residential uses. Blocks 10-15 would consist of a mix of commercial and office uses. Block 16 would consist of commercial uses and a Central Plant, which is discussed in detail under Utility Improvements. The proposed building heights would be within the maximum building heights identified for the Vallco Shopping District Specific Plan. Buildings on the western portion of the site, on the west side of North Wolfe Road, would be up to seven stories tall with a maximum building height of 80 feet. The green roof on the western portion of the site would be up to 92 feet above ground level, with rooftop buildings up to 102 feet above ground level. Buildings on the eastern portion of the site, on the east side of North Wolfe Road, would be up to nine stories tall with a maximum building height of 109 feet. The green roof on the eastern portion of the site would be up to 116 feet above ground, with rooftop buildings up to 131 feet above ground. The proposed building setbacks would be within the setbacks in the proposed Specific Plan. Buildings would be setback at least 35 feet from the curb on Stevens Creek Boulevard, at least 25 feet from the curb on Vallco Parkway, at least 41 feet from the predominate curb line on North Wolfe Road, and at least eight feet from the curb on Perimeter Road. The Hills at Vallco project includes common open space (including two town squares totaling approximately three acres and a 30-acre green roof) and landscaping, utility and transportation infrastructure improvements, and school improvements. The proposed land uses and these other project components are described below. A summary of the proposed project is provided in Table 1.4-1 at the end of this section. 1.4.2.1 Land Uses Commercial Uses The Hills at Vallco proposes 650,000 square feet of commercial uses on-site in the following categories: • 600,000 square feet would be retail/restaurant/event/entertainment uses, of which: − 420,000 square feet would be retail/restaurant uses including large and small retail stores, food establishments and limited personal services; and − 180,000 square feet of which could be entertainment uses such as a movie theater (AMC Theater), ice rink, and bowling alley. • 50,000 square feet of indoor fitness uses. APP-126541 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 6 Administrative Draft EIR, November 2015 Office Uses Two million square feet of “Class-A” office space, including ancillary amenity spaces consisting of fitness centers, shower and changing facilities for employees, a conference/event center, and cafeterias, is proposed on-site. There would be an additional 345,000 square foot office amenity space including: • A 20,000 square foot conference hall on the green roof, • A 15,000 square foot cafeteria/fitness center on the green roof, • 175,000 square feet of testing and workshop area distributed throughout Blocks 11-16, and • 135,000 square feet of meeting facilities, atrium, and other amenity spaces distributed throughout Blocks 11-16. Residential Uses The Hills at Vallco would include 800 residential units consisting of 680 market-rate apartments, 80 below-market rate apartments, and 40 market-rate senior apartments. The residential uses would include in-building amenities such as fitness, clubhouse, small format meeting rooms, resident lounges, multi-media rooms, communal kitchens, and bike rooms within the residential mixed use building. An additional 25,000 square feet of ancillary amenity space for the residential uses is proposed on the green roof and would include a fitness center, clubhouse, and pool. Other Uses Civic/Community Uses The Hills at Vallco would include approximately 40,000 square feet of civic/community uses including an approximately 20,000 square foot community serving banquet hall on the green roof, an approximately 10,000 square foot high school “Innovation Center” located on the western portion of the site, approximately 5,000 square feet of civic meeting space located on the western portion of the site, and an approximately 5,000 square foot building for the “Multi-Modal Transit Center.” The high school Innovation Center is described in more detail in Section 1.4.2.6 and the Multi-Modal Transit Center is described in more detail in Section 1.4.2.5. Loading and Facility Management Uses The Hills at Vallco would include approximately 75,000 square feet of loading, storage, facility, and security management space integrated into each block to serve the retail, office, and residential uses on-site. APP-127542 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 7 Administrative Draft EIR, November 2015 1.4.2.2 Common Open Spaces and Landscaping Town Squares The Hills at Vallco would include two town squares: Town Square West on the west side of North Wolfe Road and Town Square East on the east side of North Wolfe Road (refer to Figure 1.4-X). Town Square West would be approximately 1.8 acres in size and Town Square East would be approximately 1.1 acres in size. Both town squares would be programmable green space that would act as a civic/community amenity and park. Town Square West would be designed with a lawn, enhanced hardscape, landscaping (including trees), and seating that would create a gathering space for outdoor events such as concerts, cultural events, outdoor performances, and movies. These areas would be surrounded by hardscape that could also host events and festivals or serve as exterior dining or social space. The applicant proposes to have the flexibility to close some of the streets around the Town Square West to host events and festivals. Town Square East would be an open green space area that would serve as an amenity for the surrounding retail and office blocks. Town Square East would include public open space features such as a water feature, landscaping (including trees), and seating. Direct pedestrian access to the below-ground parking garages would be provided from both town squares. Green Roof The Hills at Vallco project would include a 30-acre green roof. The topography of the green roof would vary and expand over the tops of the buildings on-site, and would eventually come to existing grade at the western boundary of the site at Stevens Creek Boulevard. The green roof would include landscaping and active and passive open spaces. The rooftop landscaping would consist of native and/or drought tolerant species such as native oak trees, manzanita, needlegrass, and native sedges. Not all areas of the green roof would be accessible to the public. The proposed green roof would consist of the following five open space areas: 1. Oak Grove – The oak grove would be located on the western edge of the site and would provide at-grade public pedestrian access to the green roof from Stevens Creek Boulevard. This edge would be planted with canopy trees that would serve as a visual buffer to the adjacent residential neighborhood. 2. Community Activities – The community activities would be located in the center of the green roof and include active programmatic uses including a large play space and garden for children, community meeting spaces, and amphitheater and performance spaces. Amenities such as a café and wine bar may also be located within this area. 3. Vineyards – The vineyards would be located in the northeastern portion of the roof and would include trails, as well as gathering and performance spaces. APP-128543 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 8 Administrative Draft EIR, November 2015 4. Orchards – The orchards would include fruit trees and be located on the roof at the northwest corner of Stevens Creek Boulevard and Wolfe Road. It is envisioned that the orchards, together with the vineyards, would provide the community with agricultural-related educational and seasonal activities. 5. Nature Preserve – The nature preserve would be located on the eastern and western portions of the roof. The nature preserve would include open areas, landscaping, and trails, as well as stormwater treatment control measures. The green roof would include nine pavilions totaling approximately 115,000 square feet at various locations on the roof (see Figure 1.4-X). These pavilions would serve a variety of purposes and would be for community use, retail use, residential use, or office use. Much of the green roof would be accessible to the general public. Some areas, however, would be limited to the residents and office employees. The building square footages on the green roof would be allocated as follows: • A total of 35,000 square feet for commercial uses (i.e., 5,000 square foot wine tasting area, 20,000 square feet of retail pavilions, and a 10,000 square foot fitness area); • 35,000 square feet for office uses (20,000 square foot conference hall and 15,000 cafeteria/fitness area); and • 25,000 square feet for residential uses (e.g., fitness center, clubhouse, and pool) • 20,000 square feet for a civic/community banquet hall. The proposed open space areas and amenities on the green roof are shown on Figure 1.4-X. Landscaping Most of the landscaping on-site would be on the green roof, with additional landscaping in the town squares and along the perimeter of the site and internal streets. The Hills at Vallco project would preserve over 500 existing trees on-site and plant approximately 900 new trees on-site. The landscaping and trees on-site would be irrigated with non-potable water from sources such as municipal recycled water or on-site greywater and stormwater capture. Conceptual landscape plans are shown on Figures 1.4-X – X. 1.4.2.3 Site Access, Circulation, and Parking Vehicular Access and Parking As shown on Figure 1.4-X, vehicles would access the site from driveways on Stevens Creek Boulevard, Perimeter Road, Vallco Parkway, and North Wolfe Road. The Hills at Vallco would be designed with a grid street pattern within the site, with Avenues A through D running north to south and 1st through 7th Streets running east to west. APP-129544 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 9 Administrative Draft EIR, November 2015 The Hills at Vallco would provide parking in accordance with the City’s Municipal Code parking regulations outlined in Municipal Code Chapter 19.124. It is estimated that the project would include a total of approximately 9,175 parking spaces, which would be provided in a below-ground parking structure, on-street, and above-ground parking structures with a parking guidance system that would direct vehicles to available parking spaces. Access to the parking facilities would be provided from North Wolfe Road, Perimeter Road, and proposed internal streets, as shown on Figure 1.4-X. Below-Ground Parking Structures Parking for the proposed commercial uses, as well as some residential and office uses, would be provided in two large underground parking garages connected by a tunnel. The underground parking garages would be located under the entire project site and would include approximately 6,580 parking spaces. The below-ground parking garage on the west side of North Wolfe Road would be one level and the below-ground parking garage on the east side of North Wolfe Road would be two levels. A new tunnel under North Wolfe Road would be constructed to allow vehicular circulation between two below-ground parking garages. On-Street Parking and Above-Ground Parking Structures The remaining 2,595 parking spaces would be provided on streets within the project site and in above-ground parking structures. The on-street parking on-site is proposed to be short-term parking. Long-term parking for the proposed residential and office uses would be provided in designated parking structures that would be integrated into the blocks where the uses are proposed (Blocks 1, 2, 4, 8, and 16). The parking facilities on-site are shown on Figures 1.4-X – X. Transit Access The proposed transit circulation for The Hills at Vallco is shown on Figure 1.4-X. As part of The Hills at Vallco, the existing VTA bus stops on Stevens Creek Boulevard, Wolfe Road, and Vallco Parkway would be improved by providing duck-outs and enhanced bus shelters per VTA recommendations and lengthening the stops where necessary to accommodate multiple buses at one time. It is intended that the existing bus stop on the north side of Stevens Creek Boulevard between Wolfe Road and Perimeter Road would function as part of the proposed “Multi-Modal Transit Center” where the proposed community shuttle (described below under Infrastructure Improvements), VTA buses (specifically bus route 23 and 323), future Bus Rapid Transit, corporate shuttles, and sharing economy transportation services (e.g., rideshare, bikeshare, and Zipcar) would stop. It is envisioned that the Multi-Modal Transit Center would be an information center, drop-off point, bike sharing distribution point, and stop for the community shuttle and other forms public transit. In addition, The Hills at Vallco would include dedicated curbside areas for commuter shuttles and a complementary community shuttle (in coordination and partnership with the City, VTA, and corporate employers) near the intersection of Vallco Parkway and Perimeter Road. The proposed APP-130545 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 10 Administrative Draft EIR, November 2015 transportation infrastructure improvements are described in more detail below in Section 1.4.2.5 below. Bicycle Access The proposed bicycle facilities on-site are shown on Figure 1.4-X. Bicycle facilities, including bike trails and Class I-III bikeways, would follow the proposed street grid pattern. The proposed bicycle facilities on-site would connect to the existing bikeways on North Wolfe Road, Vallco Parkway, and Stevens Creek Boulevard. Within the project site, bike improvements such as bike lanes painted green, bike lane sharing arrows (sharrows), and bike boxes are proposed.9 A shared use path for bicyclists and pedestrians is proposed on Perimeter Road. Short-term bicycle parking racks would be provided in areas accessible to the public and other users of the site. In addition, bicycle lockers, indoor bicycle parking, and charging areas for electric bicycles would be provided throughout the project site. Bicycle repair stations, which would include tools necessary to perform basic bike repairs and maintenance such as bike pumps and work stands, are also proposed throughout the site. Within the proposed mixed-use office buildings, showers and changing facilities for office employees would be provided. A bike hub is proposed on the western portion of the project site and would include community space, bike repair services, and retail services operated by a third party vender. Pedestrian Access The proposed pedestrian facilities on-site are shown on Figure 1.4-X. All pedestrian connections and facilities would meet Americans with Disabilities Act (ADA) accessibility standards. Pedestrian sidewalks would follow the proposed street grid pattern. To accommodate the proposed bicycle lanes and designated commuter shuttle curbside stop areas on Perimeter Road, the sidewalks on the opposite side of the development site on Perimeter Road would be reconfigured. The Hills at Vallco project includes replacing the existing enclosed bridge over North Wolfe Road with a pedestrian bridge that would connect the town squares East and West (refer to Figure 1.4-X). Pedestrians would be able to access the proposed green roof from the town squares, at the intersection of Perimeter Road and Stevens Creek Boulevard, and near the intersection of North Wolfe Road and Vallco Parkway. Figure 1.4-X shows the pedestrian access points to the green roof, as well as the meandering pedestrian pathways on the roof. In addition, the proposed green roof would also connect across North Wolfe Road above the pedestrian bridge. The project also would include pedestrian connections to the two properties north of Perimeter Road (the SIMEON property and the KCR Development/Hyatt House property) and the future I-280 trail. 9 A bike box is a designated area at the head of a traffic lane at a signalized intersection that provides bicyclists with a safer and more visible way to get in front of queuing traffic during the red signal phase. APP-131546 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 11 Administrative Draft EIR, November 2015 Transportation Demand Management Program The Hills at Vallco includes a Transportation Demand Management (TDM) program to encourage alternative modes of transportation to single-occupancy vehicle trips. Specifically, the TDM program may include trip reduction features such as: • Carpool, carshare, and rideshare; • Complementary community shuttle in coordination and partnership with the City, VTA, and corporate employers; • Bicycle repair stations, hub, parking, and wayfinding features on-site; • Shower and changing facilities for office employees on-site; • A Multi-Modal Transit Center on-site that supports carpool, carshare, and rideshare programs; • Electric vehicle parking on-site; and • Financial incentives for future tenants and employees to walk, bicycle, or take transit. 1.4.2.4 Utility Improvements Central Plant The Hills at Vallco includes a “Central Plant” at the northern portion of Block 16, adjacent to I-280. The Central Plant would provide centralized heating and cooling to the project. The Central Plant would consist of a 10,000 ton condenser water system which would serve as a heat sink/source for individual water cooled HVAC systems throughout the development. In addition, a 16,000 ton per hour ice plant would be used for off hour thermal storage. The Central Plant would contain cooling towers in the upper stories of the parking structure on the northeast corner of the project site. The Central Plant would house conventional cooling and heating equipment including a boiler plant, a pump house, and switchgear. The heat pumped water for heating and cooling of the buildings on-site would be distributed throughout the site from the Central Plant via piping installed in the below-ground parking area. Emergency Back-Up Generators The project includes back-up generators to power the site in the event of a power outage. It is anticipated that the project would include 20 back-up building generators and two back-up parking garage generators. Storm Drain Currently, there is an existing storm drain line that runs north down North Wolfe Road and cuts through a portion of the project site. The Hills at Vallco would redirect the existing stormwater drainage on North Wolfe Road to flow to Vallco Parkway (instead of through the project site) and then east down Vallco Parkway to the intersection with Perimeter Road. A new public storm drain is proposed to be installed in Perimeter Road in the public utility easement for discharge into the Santa APP-132547 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 12 Administrative Draft EIR, November 2015 Clara Valley Water District Junipero Serra Channel located along I-280. All existing laterals and catch basins at the project site are proposed to be reconnected to this new line. Figure 1.4-X shows the existing and proposed storm drain system serving the project site. Sanitary Sewer Currently, there is an existing sewer main that runs north on North Wolfe Road and cuts through a portion of the project site. The Hills at Vallco would reroute the main that flows north in North Wolfe Road to flow to Vallco Parkway to the intersection with Perimeter Road. A new sewer main is proposed in Perimeter Road within the public utility easement. The new pipe in Perimeter Road would be connected to a pipe system that crosses I-280. All existing laterals in Vallco Parkway are proposed to be reconnected to the new sewer main in Perimeter Road. The existing pipe that crosses I-280 is not of sufficient size to serve the proposed development. The existing sewer main line would need to be upsized, or a parallel pipe system would need to be installed, in order to provide adequate sewer for the development and other properties currently served by the main. Upsized (or parallel line) would need to extend from Perimeter Road, across I- 280, north on North Wolfe Road to the intersection of Pruneridge Ave. Sizing and extent of improvements are dictated by the Cupertino Sanitary District’s sewer model. Figure 1.4-X shows the existing and proposed options (upsizing and parallel line) for sewer service for the project site. Water Currently, there is an existing water main that runs north to south in North Wolfe Road and enters the project site. The Hills at Vallco would reroute the main line that runs down North Wolfe Road and direct it to new main lines in Perimeter Road. These new main lines would be reconnected to the water main in I-280. All building fire water is proposed to be served by the new water mains in Perimeter Road. Figure 1.4-X shows the existing and proposed water lines serving the project site. Recycled Water Recycled water infrastructure is currently being extended to serve the planned Apple Campus 2 and Hamptons Apartments project north of the project site. The project includes the extension of the recycled water infrastructure approximately 0.8 miles from Pruneridge Avenue, under I-280 to the project site. Recycled water would be used on-site for irrigation and heating and cooling systems. Other The Hills at Vallco would connect to existing underground gas lines, communication lines, and electric lines in the project area. [Note to Applicant: Are any PG&E upgrades required?] APP-133548 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 13 Administrative Draft EIR, November 2015 1.4.2.5 Transportation Improvements Roadway/Vehicular Circulation Improvements The Hills at Vallco includes a new signalized intersection on North Wolfe Road between Vallco Parkway and the I-280 interchange to allow for left turns into the eastern portion of the project from southbound North Wolfe Road. This intersection would replace the existing on and off ramps from North Wolfe Road to Perimeter Road and would include bicycle and pedestrian crossings at grade across North Wolfe Road. Adaptive traffic signal management improvements (i.e., traffic signal timing upgrades) would also be completed between Stevens Creek Boulevard and I-280 to improve vehicular traffic flow on North Wolfe Road. The Hills at Vallco would modify the existing Perimeter Road tunnel to provide adequate height clearance for service vehicles, trucks, and emergency vehicles and to build an additional tunnel under North Wolfe Road to connect the parking basements on the east and west sides of North Wolfe Road. Transit Improvements The project proponent proposes to coordinate and partner with the City, VTA, and corporate employers to fund a complimentary community shuttle for Cupertino residents and employees with stops at key locations within the City including, but not limited to, the library, Civic Center, Memorial Park, De Anza College, local high school(s), and Apple Campus 2. The Hills at Vallco includes the improvement of the existing VTA bus stops on Stevens Creek Boulevard, North Wolfe Road, and Vallco Parkway by constructing bus duck-outs and enhanced bus shelters per VTA recommendations and lengthening the stops where necessary to accommodate multiple buses at one time. The Hills at Vallco would establish a “Multi-Modal Transit Center” where the existing bus stop is currently located on the north side of Stevens Creek Boulevard between North Wolfe Road and Perimeter Road. The Multi-Modal Transit Center would include an approximately 5,000 square foot building, seating areas, information kiosks, and state of the art real- time transit information. A pedestrian entrance plaza to the Transit Center would be located on Stevens Creek Boulevard. Dedicated curbside areas for commuter shuttles near the intersection of Vallco Parkway and Perimeter Road are also proposed. The dedicated curbside areas would be large enough for several commuter shuttles to load/unload at one time. Bicycle and Pedestrian Improvements To facilitate bicycle and pedestrian movement, the Hills at Vallco would restripe and color bicycle lanes on North Wolfe Road from Stevens Creek Boulevard to I-280 where appropriate as determined by the City; improve sidewalks along North Wolfe Road from Stevens Creek Boulevard to I-280 by installing pedestrian-scale lighting and street furniture; and replace the existing, enclosed bridge over North Wolfe Road with an open pedestrian bridge. APP-134549 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 14 Administrative Draft EIR, November 2015 1.4.2.6 School Improvements Cupertino Union School District The Hills at Vallco project includes an education facilities and programs investment for Cupertino Union School District consisting of the following: • Construction of a new 700-student elementary school at the former site of the Nan Allan Elementary School located at 10255 North Portal Avenue in Cupertino; • Replacement of all portable/temporary classrooms at Collins Elementary School located at 10300 North Blaney Avenue with permanent classrooms; • Improvement of school playing fields at the former Nan Allan Elementary School and Collins Elementary School; • Creation and funding of a $1 million endowment for the 8th grade Yosemite Science Program; and • Payment of the required school impact fee pursuant to California Government Code Section 65996. A conceptual site plan of the improvements at Collins Elementary School and the former Nan Allan Elementary School is shown on Figure 1.4-X. Fremont Union High School District The Hills at Vallco project includes an education facilities and programs investment for Fremont Union High School District that includes a new 10,000 square foot, turn-key “Innovation Center” at the development site. The Innovation Center would be a flexible, multi-use space that would be leased to the Fremont Union High School for high school students to build projects in collaboration with the community.10 The Innovation Center is envisioned to serve as: • Student-led business incubator; • Work-based learning initiatives hub; • Robotics team competition arena; • Multi-disciplinary brainstorming and prototyping space; • Centrally-located classroom for students from all five high school campuses within the school district; • Performance space; and • Exhibition space. In addition, the project would pay the required school impact fee pursuant to California Government Code Section 65996. 10 The project would lease the Innovation Center to the Fremont Union High School District for a term of 34 years at for $1 per year. APP-135550 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 15 Administrative Draft EIR, November 2015 1.4.2.7 Green Building Measures The Hills at Vallco is proposed to be designed and constructed to meet or exceed the requirements of the current 2013 California Green Building Standards Code and the 2013 California Energy Code. It is proposed that The Hills at Vallco achieve LEED Platinum certification. The Hills at Vallco would achieve LEED Platinum by incorporating green building measures including, but not limited to: • Constructing a 30-acre green roof; • Incorporating water conservation measures (e.g., utilizing municipal recycled water for landscape irrigation, cooling towers, and toilet flushing; collecting rainwater for irrigation; utilizing drip irrigation for all landscape trees; and installing low-flow and ultra-low flow plumbing fixtures); • Designing the buildings to utilize natural ventilation and daylight; • Implementing energy design strategies such as low energy systems, displacement ventilation, LED lighting, load scheduling, and others; and • Installing on-site photovoltaic systems. 1.4.2.8 Construction It is anticipated that the project would be constructed over five years, commencing in 2017 and concluding in 2022. Staging of construction equipment and vehicles would primarily be on-site with some staging within the public right-of-way for the improvement/construction of the tunnels under North Wolfe Road and the bridge over North Wolfe Road. Details about the construction phasing, demolition, grading, and excavation are provided below. Phasing According to the applicant, the demolition of Vallco Shopping Mall and construction of The Hills at Vallco would be phased as follows: • Phase 1 – The demolition and construction activities would start at the northwestern portion of the development site, in the location of the former Macy’s and Macy’s parking structure. Demolition and construction would occur concurrently on the east side of North Wolfe Road where JCPenney and parking areas are located. • Phase 2 – Once Blocks 5 and 6 are constructed on the northwest portion of the site, the existing movie theaters (AMC Theater), bowling alley, fitness center, and ice rink would be relocated to the newly constructed mixed-use buildings on these blocks. The construction is planned to be phased this way to minimize disruption in operation for these businesses. Once the movie theaters, bowling alley, fitness center and ice rink are relocated, demolition and construction would continue south towards Stevens Creek Boulevard and on the remaining areas on the east side of North Wolfe Road. The applicant intends to construct the proposed residential mixed-use blocks (Blocks 1-9) in the final phase of the project. APP-136551 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 16 Administrative Draft EIR, November 2015 Demolition, Grading, and Excavation The Hills at Vallco would require demolition of the existing improvements on-site including the large shopping mall that includes basements and retaining walls. Demolition materials including concrete, asphalt, and base rock may be recycled and reused on-site. A concrete crusher would be used on-site and located on the eastern portion of the project site, east of North Wolfe Road. The site elevations would generally follow the existing topography of the site in order to minimize grading, excavation, and reworking of the existing roads. The Hills at Vallco would include two large below-ground parking garages. The maximum depth of excavation for the below-ground parking garage on the west side of North Wolfe Road would be approximately 20 feet and approximately 31 feet for the below-ground parking garage on the east side of North Wolfe Road. It is anticipated that approximately 2.2 million cubic yards of soil would be excavated for the proposed below-ground garages and most of the excavated soil would be hauled off-site. The applicant anticipates that the soiled hauled off-site would be used at another construction site within 20 miles of the project site. Some of the soil excavated is proposed to be used on the green roof and at-grade landscaped areas. It is estimated that 168,000 cubic yards of soil would need to be imported to the site. The imported soil would be used as topsoil on the green roof and mixed with existing soil on-site. Table 1.4-X: Summary of The Hills at Vallco Project* Land Use Commercial Total of 650,000 square feet of commercial uses located in all blocks of the project, consisting of: • 600,000 square feet of retail/restaurant/event/entertainment uses, of which: − A minimum of 420,000 square feet would be retail/restaurant uses including large and small retail stores, food establishments, and limited personal services; and − 180,000 square feet of which could be entertainment uses such as a movie theater, ice rink, and bowling alley. • 50,000 square feet of fitness uses (10,000 square feet of which would be located on the green roof). Office • A total of 2.0 million square feet of office uses located in Blocks 9-16. • An additional 345,000 square feet of amenity space solely for the office uses including a 20,000 square foot conference hall on the green roof, 15,000 square foot cafeteria/fitness area on the green roof, a total of 175,000 square foot testing and workshop space in Blocks 11-16, and a total of 135,000 square feet of other amenity spaces in Blocks 11-16. Residential Total of 800 residential dwelling units located in Blocks 1-4 and 7-9, consisting of: • 680 market-rate apartments; • 80 below-market rate apartments; and • 40 market-rate senior apartments. APP-137552 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 17 Administrative Draft EIR, November 2015 Table 1.4-X: Summary of The Hills at Vallco Project* • An additional 25,000 square feet of amenity space solely for residents on the roof including a fitness center, clubhouse, and pool. Civic/Community • 20,000 square foot community banquet hall on the green roof, • 10,000 square foot high school Innovation Center located in the western portion of the site, • 5,000 square foot civic meeting space located in the western portion of the site, and • 5,000 square foot “Multi-Modal Transit Center.” Common Open Spaces/Landscaping Town Squares Approximately 1.8-acre Town Square West and approximately 1.1-acre Town Square East. Both town squares would have programmable green space for community events and activities. Green Roof 30-acre green roof would include landscaping, active and passive open spaces, and nine pavilions totaling approximately 115,000 square feet. The pavilions would serve a variety of purposes and would either be for community, retail, residential, or office uses. • Green roof would have five distinct areas: oak grove, community activities, vineyards, orchards, and nature preserve. Much of the green roof would be accessible to the public. • The building square footages on the green roof would be allocated as follows: − A total of 35,000 square feet for commercial uses (i.e., 5,000 square foot wine tasting area, 20,000 square feet of retail pavilions, and a 10,000 square foot fitness area); − 35,000 square feet for office uses (20,000 square foot conference hall and 15,000 cafeteria/fitness area); and − 25,000 square feet for residential uses (e.g., fitness center, clubhouse, and pool) − 20,000 square feet for a civic/community banquet hall. Landscaping Most landscaping would be on the green roof with additional landscaping in the town squares and along the perimeter of the site and internal streets. Access, Circulation, and Parking Vehicular Access and Parking Grid street pattern proposed throughout site with Avenues A-D running north and south and 1st-7th Streets running east and west. Vehicles would be able to access the on-site street network from Stevens Creek Boulevard, Perimeter Road, and North Wolfe Road. Parking would be provided in a large below-ground parking garage, on-street, and at- grade parking structures. Proposed residential and office uses would have designated at- grade parking structures. Transit Access Existing bus stops on the project site frontage on Stevens Creek Boulevard, North Wolfe Road, and Vallco Parkway would be improved with duck-outs and enhanced bus shelters per VTA recommendations. The existing bus stop on the north side of Stevens Creek Boulevard between North Wolfe Road and Perimeter Road would function as a “Multi- Modal Transit Center.” Dedicated curbside areas for commuter shuttles are proposed near the intersection of Vallco Parkway and Perimeter Road. Bicycle Access and Parking New bike trails and Class I-III bikeways are proposed to follow the street grid pattern on- site. The proposed bicycle facilities would connect to existing bikeways on North Wolfe Road, Vallco Parkway, and Stevens Creek Boulevard. Bicycle parking racks, lockers, and charging areas for electric bicycles are proposed on-site. A bike hub is proposed on the western portion of the site. Pedestrian Access New pedestrian trails and sidewalks are proposed to follow the street grid pattern on-site. The existing enclosed bridge over North Wolfe Road would be replaced with a landscaped APP-138553 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 18 Administrative Draft EIR, November 2015 Table 1.4-X: Summary of The Hills at Vallco Project* pedestrian bridge that would connect the two proposed town squares. The green roof would be accessible from the town squares, at the western site boundary at Stevens Creek Boulevard, and near the intersection of North Wolfe Road and Vallco Parkway. Transportation Demand Management Program Encourage alternative modes of transportation by including features such as: • Carpool, carshare, and rideshare; • Complementary community shuttle in coordination and partnership with the City, VTA, and corporate employers; • Bicycle repair stations, hub, parking, and wayfinding features on-site; • Shower and changing facilities for office employees on-site; • A Multi-Modal Transit Center on-site that supports carpool, carshare, and rideshare programs; • Electric vehicle parking on-site; and • Financial incentives for future tenants and employees to walk, bicycle, or take transit. Utility Improvements Central Plant A central heating, ventilation, and air conditioning system for the entire project consisting of a 10,000 ton condenser water system and 16,000 ton per hour ice plant located in Block 16. Back-Up Generators 20 back-up building generators and two back-up parking garage generators Storm Drain, Sanitary Sewer, Water • Rerouting the existing stormwater drainage on North Wolfe Road to flow to Vallco Parkway to a new, proposed storm drain line in Perimeter Road. The new storm drain line would discharge into the Junipero Serra Channel. • Rerouting the sewer main that flows north in North Wolfe Road to flow to Vallco Parkway to a new, proposed sewer main in Perimeter Road. The new sewer main would connect to an existing sewer main that crosses I-280. • Rerouting the water main in North Wolfe Road that enters the project site to new water main lines proposed in Perimeter Road. These new water mains would connect to an existing water main in I-280. Recycled Water • Extending the existing recycled water infrastructure that is located north of the site under I-280, south on North Wolfe Road to Stevens Creek Boulevard. Transportation Improvements Roadway/Vehicular Circulation • Constructing a new signalized intersection on North Wolfe Road between Vallco Parkway and the I-280 interchange. • Modifying the existing tunnel under North Wolfe Road to allow for east-west access for emergency and service vehicles, by providing adequate height clearances. • Building an additional tunnel under North Wolfe Road to connect the proposed parking basements on the east and west sides of North Wolfe Road. Transit • Funding a complementary community shuttle in coordination and partnership with the City, VTA, and corporate employers. • Improving existing bus stops along the project site frontage. • Designating the existing bus stop on the north side of Stevens Creek between North Wolfe Road and Perimeter Road as a “Multi-Modal Transit Center,” which would include an associated 5,000 square foot building. • Dedicating curbside areas for commuter shuttles near the intersection of Vallco Parkway and Perimeter Road. Bicycle and Pedestrian • Restriping and coloring bicycle lanes on North Wolfe Road from Stevens Creek Boulevard to I-280. APP-139554 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 19 Administrative Draft EIR, November 2015 Table 1.4-X: Summary of The Hills at Vallco Project* • Improving sidewalks along North Wolfe Road from Stevens Creek Boulevard to I- 280 by installing pedestrian-scale lighting and street furniture. • Replacing the existing, enclosed bridge over North Wolfe Road with a pedestrian bridge. School Improvements Cupertino Union School District • Constructing a new 700-student elementary school located at 10255 North Portal Avenue in Cupertino; • Replacing all portable/temporary classrooms at Collins Elementary School with permanent classrooms; • Improving the existing play fields at Collins Elementary School; • Creating and funding of $1 million endowment for the 8th grade Yosemite Science Program; and • Paying the required school impact fee pursuant to California Government Code Section 65996. Fremont Union High School District • Constructing a 10,000 square foot High School “Innovation Center” on-site available to the High School District for rent for 34 years; and • Paying the required school impact fee pursuant to California Government Code Section 65996. Building and Construction Details LEED Platinum (or equivalent) Incorporate green building measures including, but not limited to, a 30-acre green roof, water conservation measures, building design to utilize natural ventilation and daylight, energy design strategies, and on-site photovoltaic systems. Demolition and Construction The existing Vallco Shopping Mall would be demolished. Construction would be phased and the development project is estimated to be completed in a total of five years. Staging of construction equipment and vehicles would primarily be on-site. Approximately 2.2 million cubic yards of soil would be excavated and most of the excavated soil would be hauled off-site. Approximately 168,000 cubic yards of clean soil would be imported to the site. Note: * This table provides a summary of the main details of The Hills at Vallco project proposal. Refer to the text of the project description (Section 1.4.2) for complete details. APP-140555 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 20 Administrative Draft EIR, November 2015 1.5 PROJECT OBJECTIVES 1.5.1 City Objectives According to the City’s Community Vision 2040, the City envisions the Vallco Shopping District as a new mixed-use “town center” and gateway for Cupertino. The area will become a primary regional destination for shopping, dining and entertainment, providing the City with additional sales tax revenue generators. The vision for the site includes an interconnected street grid network of bicycle and pedestrian- friendly streets, more pedestrian-oriented buildings with active uses lining Stevens Creek Boulevard and North Wolfe Road, and publicly-accessible parks and plazas that support a pedestrian-oriented feel of the revitalized area. New development in the Vallco Shopping District will provide buffers between adjacent single- family neighborhoods in the form of boundary walls, setbacks, landscaping, and/or building transitions. The project will leverage Cupertino’s centralized location between the Peninsula and South Bay Area, providing travelers with high-quality lodging accommodations. Guests would be located conveniently just steps away from various retail stores and service establishments located along the ground floor. Nearby anchor restaurants would provide opportunities for formal or informal engagements. The Shopping District will place an emphasis on human scale, providing public spaces and activity nodes that are easily accessible by active modes of travel through an intuitively connected street grid network. High-quality materials and architectural elements will aid in creating a sense of place and enhance the “town center” aesthetic. Pedestrian-oriented buildings differentiated by appropriate street, block and building typology will distinguish public realms, transition areas and areas of open space. This will elicit interest, exploration and interaction from both residents of the new development and visitors alike. The Vallco Shopping District will provide dwelling units on the upper floors of the mixed-use development above the commercial and active uses on the ground floor. The residential units will bolster the supply of available housing for all socio-economic segments and help the City to meet the identified regional housing need as detailed in the Housing Element of the 2040 General Plan. The intimate town center environment will appeal to active seniors seeking to improve their quality of life, allowing them to be in close proximity to goods and services. The allure of reduced commute times, accessibility to public transit and variety of food and entertainment options will attract both employers and professionals to work for the companies occupying the amenity rich office space incorporated into the Town Center. APP-141556 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 21 Administrative Draft EIR, November 2015 In summary, the City’s project objectives are to adopt a Vallco Shopping District Specific Plan that will facilitate the following: • Creation of a new mixed-use Town Center involving complete redevelopment of the Vallco Shopping Mall site; and • Implement the Goals, Policies and Strategies of the General Plan listed below. Strategies/ Policies/Goals Description Goal LU-19 Create a distinct and memorable mixed-use “Town Center” that is a regional destination and a focal point for the community. Policy LU- 19.1 Create a Vallco Shopping District Specific Plan prior to any development on the site that lays out the land uses, design standards and guidelines, and infrastructure improvements required. Strategy LU- 19.1.1 Redevelopment will require a master developer in order to remove the obstacles to the development of a cohesive district with the highest levels of urban design. Strategy LU- 19.1.2 Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential and office uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future. Strategy LU- 19.1.3 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. Strategy LU- 19.1.4 The following uses are allowed on the site: Retail: High-performing retail, restaurant, and entertainment uses. Maintain a minimum of 600,000 square feet of retail that provides 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. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail, and restaurants on the ground floor. Residential: Allow residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals, couples and/or active seniors who like to live in an active “town center” environment. Office: Encourage high-quality office space arranged in a pedestrian-oriented street grid with active uses on the ground floor, publicly-accessible streets and plazas/green space. Strategy LU- 19.1.5 Create streets and blocks laid out using “transect planning,” which includes a discernible center and edges, public space at center, high quality public realm, and land uses appropriate to the street and building typology. Strategy LU- 19.1.6 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, bike-able 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. APP-142557 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 22 Administrative Draft EIR, November 2015 Strategies/ Policies/Goals Description Strategy LU- 19.1.7 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 Rosebowl and Main Street. Strategy LU- 19.1.8 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. Strategy LU- 19.1.9 Buildings should have high-quality architecture, and an emphasis on aesthetics, human scale, and create a sense of place. Additional heights may be approved in specific areas by the City Council as part of the Community Benefits Program and per heights allowed in the Community Form Diagram. Taller buildings should provide appropriate transitions to fit into the surrounding area. Strategy LU- 19.1.10 High-quality buildings with architecture and materials befitting the gateway character of the site. The project should provide gateway signage and treatment. Strategy LU- 19.1.11 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. Strategy LU- 19.1.12 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 high-quality “town center” environment. Strategy LU- 19.1.13 Retain trees along the Interstate 280, Wolfe Road and Stevens Creek Boulevard to the extent feasible, when new development are proposed. Strategy LU- 19.1.14 Consider buffers such as setbacks, landscaping and/or building transitions to buffer abutting single-family residential areas from visual and noise impacts. The project should also be consistent with the following General Plan strategies, policies, and goals listed below. Strategies/ Policies/Goals Description Strategy LU- 13.7.1 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.). Goal HE-1 An adequate supply of residential units for all economic segments. Goal HE-2 Housing is affordable for a diversity of Cupertino households. APP-143558 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 23 Administrative Draft EIR, November 2015 Strategies/ Policies/Goals Description Strategy HE-1 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 services, and amenities. Policy HE-1.1 Designate sufficient land at appropriate densities to accommodate Cupertino’s Regional Housing Needs Allocation of 1,064 units for the 2014-2022 projection period. Policy HE-1.2 Provide a full range of densities for ownership and rental housing. Policy ES-7.2 Strategies for the use of pervious walkways and driveways should be explored. Policy HE-1.3 Encourage mixed-use development near transportation facilities and employment centers. Strategy ES- 7.11.4 Encourage and promote the use of recycled water in public and private buildings, open space and streetscape planting. Strategy ES- 7.11.5 Encourage on-site water recycling including rainwater harvesting and gray water use. Policy HS-3.7 Ensure that adequate fire protection is built into the design of multi-story buildings and require on-site fire suppression materials and equipment. Strategy HS- 8.2.1 Locate delivery areas for new commercial and industrial developments away from existing or planned homes. Strategy HS- 8.2.3 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. Goal INF-4 Implement best practices in stormwater management to reduce demand on the stormwater network, reduce soil erosion, and reduce pollution into reservoirs and the bay. Strategy INF- 7.3.2 Encourage recycling and reuse of building materials during demolition and construction of City, agency and private projects. Strategy INF- 7.3.3 Encourage the use of recycled materials and sustainably harvested materials in City, agency and private projects. Strategy INF- 2.4.2 Require undergrounding of all utility lines in new developments and highly encourage undergrounding in remodels or redevelopment of major projects. Strategy INF- 2.5.2 Encourage private and public projects to incorporate the use of recycled water for landscaping and other uses. Strategy INF- 5.1.2 Require developers to pay their fair share of costs for, or in some cases construct, infrastructure upgrades to ensure that service levels are met. Policy RPC- 2.4 Ensure that each home is within a half-mile walk of a neighborhood park or community park with neighborhood facilities; ensure that walking and biking routes are reasonably free of APP-144559 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 24 Administrative Draft EIR, November 2015 Strategies/ Policies/Goals Description 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. Strategy RPC- 3.1.1 Maximize the use of native plants and drought-tolerant planting. Strategy RPC- 8.1.2 Encourage schools to meet their expansion needs without reducing the size of their sports fields. Policy M-2.1 Adopt and maintain street design standards to optimize mobility for all transportation modes including automobiles, walking, bicycling and transit. Policy M-2.2 Design roadway alignments, lane widths, medians, parking and bicycle lanes, and sidewalks to complement adjacent land uses to keep with the aesthetic vision of the Planning Area. Improvement standards shall also consider the urban, suburban and rural environments found within the City. Policy M-2.3 Promote pedestrian and bicycle improvements that improve connectivity between planning areas, neighborhoods and services, and foster a sense of community. Policy M-2.4 Reduce traffic impacts and support alternative modes of transportation in neighborhoods and around schools, parks and community facilities 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. Policy M-2.5 Ensure all new public and private streets are publicly accessible to improve walkability and reduce impacts on existing streets. 1.5.2 Applicant Objectives The applicant’s primary objectives for the project are as follows: 1. Implement the vision in the City’s General Plan to redevelop the outdated Vallco Shopping Mall into a vibrant and healthy mixed-use town center by balancing retail, employment, residential, civic and ancillary uses with a focus on providing significant open space features, views, and a gateway to Cupertino. 2. Revitalize this critical urban infill site with a strong and complementary mixed-use program, including retail, office, residential, civic and ancillary uses, at an intensity and density that both promotes visitor activity and interest and is able to financially support an innovative open space, transit center, and civic programs, as well as achieve a high level of sustainability. APP-145560 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 25 Administrative Draft EIR, November 2015 The applicant’s secondary objectives are as follows: 3. Create an innovative and active gathering place with vitality in design that integrates and encourages walking and cycling and that is compatible with, and complementary to, recent well-designed projects proximate to the project site. 4. Capitalize on the opportunity to utilize existing infrastructure in a manner which furthers local, regional and state compact and sustainable growth goals, including the extension of recycled water. 5. Provide sufficient local serving and destination retail uses to enable Cupertino and South Bay residents and shoppers to reduce vehicle miles travelled and associated greenhouse gas emissions. 6. Create an active, inviting and comfortable place for people to visit, shop, and enjoy dining and entertainment. 7. Provide greater residential variety and density, including additional affordable residential and life-cycle residential. 8. Reduce distances between residential, workplaces, retail businesses, and other entertainment amenities. 9. Improve local access to fresh and healthy foods by integrating more traditional food retail with the vibrancy of local farmers markets, and the heightened awareness of seasonal cycles as well as education opportunities through urban farming. 10. Provide adequate parking and vehicular access that meets the needs of future project visitors, employees, and residents, while encouraging the use of transit, bicycle, and other alternative modes of transportation. 11. Create new residential opportunities in close proximity to employment centers, public transit, shops, restaurants and entertainment uses. 12. Create a new regional civic gathering place that has a strong neighborhood character that is informed by and responding to the ideas, input and concerns of the local community. APP-146561 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 26 Administrative Draft EIR, November 2015 1.6 USES OF THE EIR This EIR provides decision makers in the City of Cupertino and the general public with relevant environmental information to use in considering the proposed project in accordance with the requirements of CEQA and the CEQA Guidelines. This EIR will be used for appropriate discretionary approvals necessary to implement the project, as proposed. As lead agency for the proposed project, the City of Cupertino would be responsible for most of the approvals required for development. Other agencies may also have some authority related to the project and its approvals. The discretionary actions, permits, and approvals that may be required by the City and other agencies is listed in Table 1.5-1 below. This EIR is intended to be used by the City and other agencies when deliberating on required permits and approvals. Table 1.5-1: Summary of Required Discretionary Actions, Permits, and Approvals Lead Agency Discretionary Action, Permit, Approval City of Cupertino • Specific Plan Approval • Rezoning • Development Agreement • Development Permits • Conditional Use Permit • Tentative Map • New and Modified Easements, Air Rights, and other Related Agreements • Tree Removal Permits • Architecture and Site Approvals • Encroachment Permits Responsible Agencies Cupertino Sanitary Sewer District • Improvement Plan Approval Caltrans • Encroachment Permit Note: The community amenities proposed as part of the project (the community park and nature preserve, transportation improvements, educational facilities and programs funding) are proposed to be included as part of a legally binding and enforceable Development Agreement between the property owner and the City. APP-147562 Section 1.0 – Project Information Vallco Shopping District Specific Plan/ City of Cupertino The Hills at Vallco (SCH# 2015102044) 27 Administrative Draft EIR, November 2015 1.7 SUBSEQUENT ENVIRONMENTAL REVIEW There are uses proposed as part of the project that may require subsequent environmental review because specific details about the construction and/or operation of those uses (e.g., new off-site 700 student elementary school) are unknown at this time. The process followed could include use of this EIR, preparation of an Addendum to this EIR, preparation of a Negative Declaration that tiers from this EIR, or preparation of a supplemental or subsequent EIR. The uses/actions that could require subsequent environmental review include, but are not limited to, the following: • Construction of a new elementary school at the former Nan Allan Elementary School site located at 10255 North Portal Avenue in Cupertino; • Development of more than 650,000 square feet of commercial uses, 2.0 million square feet of office uses, 800 residential units on the site, 40,000 square feet of civic/community space, and amenities as described in Section 1.4.2; and • Construction of a modified or new interchange at North Wolfe Road and I-280. APP-148563 ATTACHMENT C: REFERENCED GENERAL PLAN POLICIES Policies Description M-1.2 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: LOS E+ • De Anza Boulevard and Bollinger Road: LOS E+ M-1.3 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. M-2.1 Adopt and maintain street design standards to optimize mobility for all transportation modes including automobiles, walking, bicycling and transit. M-2.2 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. M-2.3 Promote pedestrian and bicycle improvements that improve connectivity between planning areas, neighborhoods and services, and foster a sense of community. M-2.4 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. M-2.5 Ensure all new public and private streets are publicly accessible to improve walkability and reduce impacts on existing streets. M-2.6 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. M-3.2 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. APP-149564 Policies Description M-3.3 Enhance pedestrian and bicycle crossings and pathways at key locations across physical barriers such as creeks, highways and road barriers. M-3.4 Preserve and enhance citywide pedestrian and bike connectivity by limiting street widening purely for automobiles as a means of improving traffic flow. M-3.5 Minimize the number and the width of driveway openings. M-3.6 Require parking lots to include clearly defined paths for pedestrians to provide a safe path to building entrances. M-3.8 Require new development and redevelopment to provide public and private bicycle parking. M-4.4 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. 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. M-5.1 Promote Safe Routes to Schools programs for all schools serving the city. M-5.2 Ensure that bicycle and pedestrian safety improvements include projects to enhance safe accessibility to schools. M-7.1 Follow guidelines set by the VTA related to transportation impact analyses, while conforming to State goals for multi-modal performance targets. M-8.3 Employ Transportation Systems Management 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. M-8.4 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. M-8.5 Encourage new commercial developments 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. M-9.2 Promote effective TDM programs for existing and new development. APP-150565 Policies Description RPC- 1.1 Prepare a citywide Parks and Recreation Master Plan that outlines policies and strategies to plan for the communities open space and recreational needs. RPC- 1.2 Continue to implement a parkland acquisition and implementation program that provides a minimum of three acres per 1,000 residents. RPC- 2.1 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 • Retaining and restoring creeks and other natural open space areas. RPC- 2.3 Strive for an equitable distribution of parks and recreational facilities throughout 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 as school fields and district 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. RPC- 2.4 Ensure that each home is within a half-mile walk of a neighborhood park or community park with neighborhood facilities; 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. RPC- 2.5 Provide parks and recreational facilities for a variety of recreational activities. RPC- 5.1 Dedicate or acquire open space land along creeks and utility through regional cooperation, grants and private development review. RPC- 6.2 Enhance the city’s recreational programs through partnerships with other agencies and non-profit organizations. RPC- 8.1 Partner with school districts to allow community use of their sports fields and facilities. HS-4.1 Continue to support the Neighborhood Watch Program and other similar programs intended to help neighborhoods prevent crime through social interaction. APP-151566 Policies Description HS-4.2 Consider appropriate design techniques to reduce crime and vandalism when designing public spaces and reviewing development proposals. HS-4.3 Recognize fiscal impacts to the County Sheriff and City of Cupertino when approving various land use mixes. HS-3.1 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. HS-3.2 Involve the Fire Department in the early design stage of all projects requiring public review to assure Fire Department input and modifications as needed. HS-3.3 Ensure adequate emergency access is provided for all new hillside development. HS-3.4 Discourage the use of private residential electronic security gates that act as a barrier to emergency personnel. HS-3.7 Ensure that adequate fire protection is built into the design of multi-story buildings and require on-site fire suppression materials and equipment. HS-3.8 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. ES-1.1 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. ES-2.1 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. ES-3.1 Set standards for the design and construction of energy and resource conserving/efficient building. ES-7.1 In public and private development, use low impact development (LID) principles to mimic natural hydrology, minimize grading and protect or restore natural drainage systems. ES-7.2 Minimize stormwater runoff and erosion impacts resulting from development and use low impact development (LID) designs to treat stormwater or recharge groundwater. APP-152567 Policies Description ES-7.4 Review long-term plans and development projects to ensure good stewardship of watersheds. ES-7.5 Support the Santa Clara Valley Water District efforts to find and develop groundwater recharge sites within Cupertino and provide public recreation where possible. ES-7.6 Encourage the research of other water sources, including water reclamation. ES-7.7 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. ES-7.8 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. ES-7.9 Continue to coordinate citywide water conservation and regional water supply problem solving efforts with the Santa Clara Valley Water District (SCVWD), San Jose Water Company and California Water Company. ES-7.10 Provide public information regarding resource conservation. ES-7.11 Promote efficient use of water throughout the City in order to meet State and regional water use reduction targets. INF-7.1 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. INF-7.2 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. INF-7.3 Encourage public agencies and private property owners to design their operations to meet, and even, exceed regulatory waste diversion requirements. INF-8.1 Meet or exceed Federal, State and regional requirements for solid waste diversion through implementation of programs. APP-153568 Appendix 6 Memorandum re Vallco Initiative/9212 Report by Greensfelder Commercial Real Estate LLC March 24, 2016 APP-154569 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D AVID S. G REENSFELDER M ANAGING P RINCIPAL 510.708.8927 PHONE DAVID@ GREENSFELDER.NET D EVELOPMENT AND C ONSULTING ● C OMMERCIAL ● M IXED-USE ● L AND U SE ● E CONOMICS ● P ROJECT M ANAGEMENT M E M O R A N D U M TO: Elizabeth Seifel Seifel Consulting FROM: David Greensfelder RE: Vallco Initiative / 9212 Report DATE: March 24, 2016 In 2014, Greensfelder Commercial Real Estate LLC prepared a Retail Strategy Report (the “2014 Report”) for the City of Cupertino. As part of the City’s overall growth management system, Cupertino’s General Plan establishes a development allocation system for commercial (retail), office, hotel room and residential growth. The 2014 Report was part of a larger planning effort to inform the future development allocations that would be made as part of a proposed general plan amendment process. The 2014 Report also addressed the suitability for [re]development of the Vallco Shopping Center in depth. Greensfelder has been asked to evaluate the potential impact of an Initiative that would modify the General Plan by changing the allowable development allocations in the Vallco Shopping District, where Vallco Shopping Center is located, and altering other land use provisions in the General Plan. (Please refer to the Analysis of the Potential Impact of the Initiative on Vallco section of this memorandum for a summary description of the Initiative.) As part of this analysis, Greensfelder reviewed and updated key data and findings in the 2014 Report that are particularly relevant to the Vallco Shopping Center and the analysis of the Initiative. This memorandum serves as a technical appendix to the Election Code 9212 Analysis of the Initiative and is organized into the following sections: I. Executive Summary II. Organizing Principles for Discussing Retail and Shopping Centers III. Regional Mall and Department Store Trends IV. Vallco-specific Findings V. Analysis of the Potential Impact of the Initiative on Vallco APP-155570 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 2 VI. Conclusions Attachment A – Historic and Current Retail Conditions in Cupertino and Surrounding Areas Attachment B – Summary of Competing Specialty Shopping Destinations Attachment C – Bibliography and Reference Sources Executive Summary This executive summary presents the major findings discussed in this memorandum and begins with an overview of key retail trends affecting both retail and shopping malls like Vallco: Ø Mall retailers who do a better job of differentiating themselves from competitors are consolidating into fewer, high performing Class A regional malls, and an increasingly wide divide is developing between higher performing Class A malls and lower performing Class C malls of which Vallco is an excellent example. § Today’s successful malls are predominantly comprised of “specialty” retailers that need to draw customers from a broad retail trade area. § Vallco operates in a retail trade area where there is an oversupply of mall space. § Mall leasing and operation is a highly competitive business. § The accelerating rate at which Class A malls are differentiating themselves from Class B and C malls is definitive evidence that Vallco’s circumstance is not unique. § Department stores and big box retailers have consolidated within their respective categories. § Many retailers have experienced financial and operational challenges including Macy’s, Sears and JC Penney, all of which were anchors at Vallco before their closure. Ø Technology has changed shopping, particularly for commodity goods. Multiple retail “channels” now compete against traditional “bricks and mortar” retail. § An increasing number of retailers sell through multiple retail channels and try to create an “omnichannel” experience for the consumer. § This trend has resulted in the closure of some “bricks and mortar” retailers, while it has also provided some more nimble and responsive retailers with new opportunities to reach consumers. § These trends have particularly forced commodity retailers to operate in an ever- changing environment. This competitive environment combined with continued consolidation amongst commodity retailers means there will be fewer tenants available to fill space should Vallco be reimaged as a so-called power center. APP-156571 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 3 Ø Retail must constantly reinvent itself to stay “fresh” and relevant to customers. § Mall operators and retailers alike must build rapport and excitement with their customers in order to create “want-based” as opposed to “need-based” specialty shopping experiences, and to retain a competitive edge. § Consumers are increasingly looking for well-designed and authentic destination retail environments where they not only can spend their free and recreational time, but where they can have a compelling “experience” while doing so. § The addition of residential and office space in a redeveloped Vallco provides greater opportunities to create a dynamic environment, and greater critical mass to support an active retail component. § An owner or developer with both expertise and deep financial capability is needed to execute a repositioning strategy at Vallco. Specifically, current retail trends point to Valley Fair, Santana Row and Stanford Shopping Center continuing to dominate the retail market because all evidence points to the market having determined there is no need for another regional mall serving the Cupertino trade area. The memorandum evaluates four potential development scenarios that could occur under the Adopted General Plan or the General Plan with Initiative. Each of these scenarios is evaluated based on the types of retail that might be supportable and attracted to Cupertino, the potential improvements that would be needed along with a high level estimate of required investment to accomplish anticipated development and its likelihood of success along with other considerations. The potential success of each of the listed scenarios is largely dependent on the market forces described in this memo. Generally, the scenarios allowing Vallco to be redeveloped under the City’s Adopted General Plan are the most likely scenarios, although the amount of successful retail is expected to be significantly less than presently exists at Vallco. The scenarios requiring Vallco to operate in its present format are generally not feasible. The specific findings for each scenario are presented below and additional findings are included in the Conclusion section of this memo. The summary conclusion from the evaluation of each scenario is shown below in italics: • Adopted General Plan, which assumes full buildout of land uses throughout the City as allowed under the 2040 General Plan, including redevelopment of Vallco site. A mixed-use project with a smaller retail component has a much higher likelihood of success than preserving the existing Vallco mall in its present configuration. • Adopted General Plan With Sand Hill Proposal, which is consistent with the first scenario with additional specificity based on what Sand Hill proposed in 2015. Allowing for a mix of land uses on the Vallco site has the greatest likelihood of success. The Sand Hill Proposal that includes 800 residential units and 2,000,000 square feet of office space has the potential to create a dynamic environment. APP-157572 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 4 • General Plan With Initiative Assuming Vallco as Enhanced Mall, which assumes the mall can be preserved and rehabilitated to become a viable mall. This scenario is not a feasible option from either a market or development perspective: Trying to preserve Vallco as it was decades ago will not attract new tenants or customers, especially customers who are drawn to vibrant, pedestrian-oriented retail environments. Rather, something substantively new and differentiated from competing projects must be created at Vallco in order to draw customer traffic. Without significant investment in redevelopment, Vallco is more likely to deteriorate as opposed to improve beyond its present 2016 level of occupancy (314,000 SF retail occupied). • General Plan With Initiative Assuming Vallco With 2016 Occupancy, which assumes all three anchors remain closed and only a limited number of businesses remain occupied consistent with current conditions. Vallco in its present configuration is unlikely to generate the incremental income required to justify investment in a significant renovation. The most likely outcome with the Initiative is that Vallco will remain in its current state, or it will continue to decline and face closure like many similar Class C malls across the United States. Organizing Principles for Discussing Retail and Shopping Centers A Brief History of Retail By way of background, a brief history of how retail has evolved over the past century will provide context for this Report and its findings. In the early 20th century, cars were a rarity. Most towns and cities had downtown districts that served as the community’s commercial hub and were characterized by a massing of retail that evolved to serve the community’s needs. Towns often had their own homegrown department stores that sold a wide variety of goods. The best known examples of these include Emporium and May Co. on the West Coast, Dayton’s and Marshall Field in the Midwest, and Filene’s and Macy’s in the Northeast. These were department stores in the truest sense, having separate departments under one roof for a variety of goods including clothing and shoes, electronics, housewares, books and records, pets, home goods, and the like. When retail was clustered in a downtown or town square environment, there was not a need for today’s ubiquitous suburban shopping center. In contrast, by the 1950’s, the automobile became commonplace, and started a trend towards suburbanization. The need for shopping centers was born. Over a period of time, these malls replaced downtown shopping districts in the increasingly decentralized urban landscape. As the advent of shopping malls began to erode the downtown shopping district’s market share, discounters began to erode the traditional department store’s market share. Walmart and Kmart started nationwide expansions. Even traditional department store companies began to enter this world, perhaps the most notable example being Dayton-Hudson’s Target division. At the same time, the suburban regional mall would often be anchored by department store chains that expanded their market share by focusing on suburbs. APP-158573 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 5 The next step in the evolution away from traditional department stores was the advent of retailers that became more efficient by specializing in a particular “department.” Clustered together in what have come to be known as power centers, these “big box” and “category killer” stores were more convenient, focused narrowly on one category, but offered a wide variety of merchandise within that category, developed supply and distribution advantages extending from their narrower focus, and offered everyday low prices. They also started “killing off” the departments in the department stores. In-turn, department stores increased their focus on soft goods, thereby limiting the overall variety of merchandise and giving the consumer fewer reasons to visit. Like with many businesses, department store chains began to consolidate in order to increase scale, decrease expenses, and maintain competitiveness … or simply to avoid going out of business altogether. By extension, the number and variety of regional mall anchor tenants contracted, and by the 1990’s the contraction and consolidation trend of regional malls was in full swing. In some instances, even traditional department stores (Kohl’s being one example) began to abandon malls and join the category killers in power centers. With fewer anchors, so-called “category killer” tenants finding each other in power centers, and the advent of the outer suburbs, fewer and fewer truly successful regional malls and even fewer downtown shopping districts remained. Some department stores including Macy’s, Sears, and JC Penney have evolved away from their all- things-under-one-roof model to more closely resemble commodity retailers. In other words, their product offerings are less distinguishable from what could be purchased in a variety of other places and through a variety of retail channels. Furthermore, with the exception of chains such as Nordstrom, Bloomingdale’s, Neiman Marcus and the like, department stores have ceased to distinguish themselves for their service and environment. With respect to so-called lifestyle and hybrid commodity-specialty projects, ULI’s Professional Real Estate Development manual states: “Early lifestyle centers successfully combined desirable retail shops with appealing architecture and a variety of outdoor settings spawning the lifestyle center. ….These early centers were, in part driven by a trend in which small specialty retailers faced a shortage of high quality specialty retail space at the same moment that regional mall failures were accelerating. The dominant new commodity retail and shopping center formats had, in fact, left small store specialty retailers with few reliable anchors, and developers with no clearly defined shopping center template to replicate, spawning the ill-defined and somewhat chaotic lifestyle center concept.”1 With the homogenization of department stores has come the demise of many regional malls, and the change in relative competitive positioning and performance of those that remain, which are now commonly classified as either Class “A,” “B,” and “C” malls. For purposes of this memo, we will use the following definitions, assembled from industry sources National Real Estate Investor and realtymogul.com: 1 ULI - Professional Real Estate Development The ULI Guide to the Business, 2012, By Richard Peiser, David Hamilton APP-159574 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 6 A “Class A” mall is the dominant property in a major metropolitan market and the best performer in its retail trade area. (Malls typically draw from a retail trade area of up to 7 to 15 miles – in certain circumstances further - depending on the population density around it.) Often, Class A malls are newer or recently renovated properties, have the best locations, and are anchored by top anchor tenants. They contain top amenities, are professionally managed and demand the highest rent with little or no deferred maintenance issues. Their tenants have high sales per square foot (generally at least $400 per square foot), and they have low vacancy rates. A Class A mall will command the greatest investor interest, typically from institutional investors, owners, and operators. A “Class B” mall is a non-dominant competitor in its retail trade area. A step down from Class A, these properties are generally older than Class A, tend to have lower retail sales per square foot (less than $400 per square foot), and may or may not be professionally managed. Rental income is typically lower than Class A. Although often well maintained, this type of mall typically has some deferred maintenance issues as the result of lower rental income, and likely is not up to current interior design standards. Many investors see this as a “value-add” investment opportunity (i.e. less expensive than a class “A” property) because through renovation and common area improvements, the property can be upgraded to Class A or Class B+. A “Class C” mall is the weakest player and struggles to capture sales from its retail trade area due to competition from competing retail projects. A Class C mall typically has sales of less than $250 per square foot and is usually hobbled by a significant competitive disadvantage, such as inferior location, outdated physical layout, vacant anchor space, etc. These properties generally have the lowest rental rates in the retail trade area and need significant renovation including updating the building infrastructure and repositioning to get to steady cash flows for investors. Vallco is considered a Class C mall given its poor performance, challenging physical layout and poor historical retail performance.2 The San Francisco Bay Area has several high performing malls, including Valley Fair in San Jose and Stanford Shopping Center in Palo Alto, both of which are good examples of Class A malls on the Peninsula and in the South Bay. However, there are far more Class C malls like Vallco that have been unable to compete effectively. For example, nearby Westgate Shopping Center in San Jose was a Class C mall that was repositioned into a power center, and both San Antonio Center in Mountain View and Sunnyvale Town Center are Class C malls that are presently being repositioned. In the middle are Class B malls like Eastridge in San Jose and Stoneridge in Pleasanton. As retail has evolved to today’s commodity versus specialty norm, some Class B and C malls will be revitalized or redeveloped while others will be repurposed into different projects altogether given the highly competitive retail environment within which malls currently operate. 2 “Look Out Below,” National Real Estate Investor, Kenneth Rogers, August 1, 2003. http://nreionline.com/retail/look-out-below “ What is Class A, Class B, or Class C property?”, Jul 24, 2013, https://www.realtymogul.com/blog/what- is-class-a-class-b-or-class-c-property APP-160575 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 7 Description of Commodity and Specialty Retail Classifications As downtown shopping districts and regional malls declined, and big box, category killer retailers proliferated, and today’s “commodity” versus “specialty” retail paradigm was born. This paradigm has transformed the retail landscape and is another key reason that Class C malls like Vallco have a tough time competing effectively.3 This commodity versus specialty retail categorization was also described in the 2014 Report and is summarized below to explain how retail is currently organized, along with several other retail distinctions of relevance to this analysis.4 At its essence, today’s shopping environment is about convenience and price versus experience. Commodity retail goods and services are those goods and services that are purchased and consumed on a regular basis from "primary" household funds, largely without emotional attachment by the consumer, and at retailers and retail shopping centers offering the consumer the combination of low price and convenience most suited to the consumer’s needs at a particular moment. Examples of commodity retailers include local convenience stores, drug stores, grocery stores, discounters and warehouse stores. A "commodity shopping center" is the aggregation of a number of commodity retailers in one location, allowing for convenient cross-shopping. 3 ULI - Professional Real Estate Development The ULI Guide to the Business, 2012, By Richard Peiser, David Hamilton 4 Retail professionals use many terms to differentiate retail shopping choices and retailers, including terms such as “comparison goods,” “convenience goods,” “big-box,” or “category killers,” which refer to specific shopping preferences and the types of retail that align with them. The term “comparison goods” has traditionally been used to describe retail items that consumers do not purchase on a frequent basis (i.e. daily or weekly), and that are more likely to cause consumers to compare price, quality, and features than everyday items. Comparison goods might be either commodity goods or specialty goods. By contrast, a “convenience good” is something more likely purchased on a regular basis and is more likely a commodity as opposed to a specialty item. Good examples of convenience goods are those things that are regularly purchased at a grocery or a drug store. By definition, “convenience” or “comparison” goods could fit in either the commodity or specialty definitions described here. Shoppers are often willing to travel a greater distance to purchase comparison goods. APP-161576 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 8 While habits may be developed over time (e.g. shopping at the same grocery store), consumers tend to view these retailers as interchangeable and do not to have a strong connection to a commodity retailer’s brand or to a commodity shopping venue. For the most part, internet shopping is an option most consistent with purchasing commodity goods and services (see more in the discussion of omnichannel retail below). Specialty retail goods and services, by contrast, are those goods and services that are purchased on an optional basis by consumers using "discretionary funds” (i.e. funds not designated for basics like rent, food, and transportation), and selected and often consumed during “free” or “discretionary” time (i.e. when not working or tending to daily responsibilities). Successful specialty shopping venues deliver a unique and attractive combination of tenant mix and environment (i.e. a sense of place), often reflecting the character of consumers in the market or trade area in which they operate. Equally as important, these specialty-shopping areas lend themselves to extended consumer stays. An emotional "feeling" or “pleasure” derived from the overall shopping "experience” is an important part of the consumer’s point of reference. Successful specialty shopping venues, regardless of format, deliver a unique combination of "product" (i.e. shops) and “place” (i.e. physical and conceptual environment), unique and attractive to the consumer within the market or trade area in question. Shopping malls typically contain a curated mix of retailers with far more specialty than commodity retailers in a “destination retail” environment that brings together “anchor” department stores, complementary smaller retailers, eating establishments and entertainment in a compelling and appealing environment. Well designed and tenanted shopping malls and lifestyle centers are retail venues that draw consumers from longer travel distances than projects devoted primarily to commodity retailers, and customers typically visit these projects for several hours. Omnichannel Retail Retail is now conducted through many channels (e.g. traditional stores, catalogs, on-line, via mobile devices, television, etc.), a phenomenon often referred to as multi-channel retail. Omnichannel retail refers to a consistent and seamless consumer experience across multiple retail channels. This significant shift in how we shop has had a dramatic impact on the competitive retail environment for both shopping malls and department stores. APP-162577 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 9 Omnichannel consumers frequently use more than one channel simultaneously. For example, a consumer might do research using a price check “app” or look up product reviews on the internet while looking at a product in a traditional retail store, sometimes referred to as “showrooming.” Likewise, omnichannel retailers will track customers across the various channels they utilize (catalog and on-line shopping, or on-line and mobile shopping for example), and employ social media to increase sales opportunities and more precisely target marketing campaigns to consumers most likely to buy a particular product. Omnichannel strategies work differently for commodity as opposed to specialty retailers. For example, multiple retail channels might be used by a consumer to research and assist in purchasing a particular commodity like a television, or to push out or target a promotion. By contrast, a specialty retailer might use onnichannel strategies to drive customer traffic to a “bricks-and-mortar” store, restaurant, or shopping district. Applicable to both commodity and specialty retailers, the availability and use of multiple retail channels allow consumers to be better informed. A byproduct of a well-educated consumer is that retailers and their salespeople must know much more about their products and competitors in order to serve their customers. A November, 2012 “Shopping Centers Today” article notes the significant changes that have occurred with retail distribution channels. Previously, these channels operated separately (i.e. something ordered from a catalog or online would be delivered to a customer’s house), but they are now merging so that real estate is part of the picture (i.e. something ordered may be picked up the same or the next day at a local outlet). Regional Mall and Department Store Trends All of the retail trends described above are directly impacting Vallco and will continue to exert themselves on the mall business throughout the United States. In summary, three key trends are of significant importance to understanding how the Initiative may affect Vallco: 1. Class A malls continue to flourish while Class B and C malls are languishing at an accelerating rate throughout the United States. 2. Consolidation amongst retailers, most notably department stores, continues, resulting in more instability among the retail tenant base for malls. 3. Consumers are increasingly looking for well-designed and authentic destination retail environments where they can not only spend their free and recreational time, but where they can “experience” something unique and appealing on an emotional level. New York Times reporter Nelson Schwartz has reported on the current economic challenges that malls face across the nation, referencing research performed by Green Street Advisors that APP-163578 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 10 documents recent closures of ten malls, with sixty more on the brink of doing so.5 He points out that these challenges will likely continue: “With income inequality continuing to widen, high-end malls are thriving, even as solid retail chains like Sears, Kmart and J. C. Penney falter, taking the middle- and working-class malls they anchored with them.” The trend is exemplified by the declining occupancy rates at shopping malls nationwide: 80 percent of malls have a vacancy rate of 10 percent or less today as compared with 94 percent just ten years earlier. One could fairly speculate that Class B and C malls are experiencing the highest vacancy rates as compared to Class A malls. He goes on to say that “nearly 15 percent of malls are 10 to 40 percent vacant, up from 5 percent in 2006. And 3.4 percent — representing more than 30 million square feet — are more than 40 percent empty, a threshold that signals the beginning of what Green Street calls “the death spiral.” This is precisely the trend that has led to Vallco’s demise. The closure of the three department stores at Vallco can be seen in the broader context of department store closures nationwide: Macy’s is closing 36 department stores in 2016 in addition to the 14 stores closed in 2015, and JC Penney’s announced the closure of 7 department stores in 2016 in addition to the 40 closed in 2015.6 Schwartz also integrates the impact of consolidation among retailers. He says: “Instead, the fundamental problem for malls is a glut of stores in many parts of the country, the result of a long boom in building retail space of all kind.” He quotes Christopher Zahas, a real estate economist and urban planner in Portland, Oregon: “We are extremely over-retailed. Filling a million square feet is a tall order.” Schwartz correctly points out that while online shopping gets lots of attention, it accounts for only 10 percent of retail sales, however, those 10 percent of sales disproportionately impact commodity retailers. A November 2014 McKinsey research paper titled “The Future of the Shopping Mall,” author Roberto Fantoni says: “…the mall as it’s been conceived for the last half century is at a critical inflection point. A storm of global trends are coming together at the same time to cause malls to change the role they play in people’s lives. No longer are they primarily about shopping. Now, when consumers visit malls, they are looking for experiences that go well beyond traditional shopping.” He cites increasing urbanization, more people living in a smaller area, and increasing interest in mixed-use projects as a response to sustainability concerns as primary catalysts for this trend. This author also agrees with Fantoni’s assertion that “…maintain[ing] a strong association between consumption and pleasure is driving the need for more engaging shopping experiences” and that “the rise of digital technologies are fundamentally reshaping consumer expectations and 5 “The Economics (and Nostalgia) of Dead Malls” (New York Times, January 3, 2015), 6 http://www.usatoday.com/story/money/2016/01/06/macys-announces-layoffs-restructuring-after- disappointing-2015/78373358/ http://www.businessinsider.com/list-of-sears-and-kmart-stores-closing-2016-2 https://consumerist.com/2016/01/13/jcpenney-closing-7-stores-by-mid-april/ APP-164579 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 11 shifting the function of stores toward useful and entertaining customer experiences.” The McKinsey study identifies three trends in mall investment: 1. A trend away from commodity towards specialty environments where there is a “broadened value proposition for consumers…that attempt to recast the mall as a new downtown, including concerts, arts centers, spas, fitness clubs, and farmers markets…a place to spend quality time with friends and family.” 2. An increasing use of technology that expands the consumer’s experience to include both before and after a visit to a mall. These efforts might include anything from marketing to using technology to “decrease customer pain points” like finding parking. 3. A willingness to explore new formats for malls including open air malls, mixed-use projects, and a more open, natural design for enclosed spaces. The paper cites non-store space of 30-40 percent or even 50 percent of total space in a project. The bottom line is that capital must receive a compelling return in order to be attracted. Fantoni states: “Mixed used developments offer consumers an attractive, integrated community in which to live, work and shop. They also serve to generate additional traffic for the malls while maximizing returns on invested capital.” Projects must “define a clear value proposition for both consumers and retailers,” increase efficiency of an existing project, and focus on areas with clear potential for growth. In sum, “To avoid becoming what one chief executive calls a “historical anachronism – a sixty-year aberration that no longer meets the public’s needs,” mall operators must expand their horizons of what a mall can be.” In an editorial written for Shopping Centers Today, Yaromir Steiner, a well-respected shopping center designer, states that “…understanding the dynamics surrounding Class B and C malls requires an appreciation for the key differences between need-based and want-based retail environments. Need-based environments provide essential goods, promise value and general serve local trade areas. Want-based environments are very different. Designed and built to service large regional trade areas, want-based assets include primarily experiential and aspirational retail tenants.” Steiner points out that some formerly high sales per square foot malls have evolved into Class B and Class C malls with little upside as “want-based competition or unfavorable development patterns forced a regional location to a more sub-regional profile” and better positioned and curated malls have drawn shoppers away. The 2014 Report also identified a number of trends that help explain Vallco’s underperformance: • Echoing Schwartz, the excess supply of retail space has shifted retail dollars to new centers without creating additional demand, leading to the decline of older centers. As long ago as APP-165580 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 12 2002, it was reported that of the more than 2000 enclosed malls in the U.S., approximately 15 to 20 percent of all malls were headed for closure. 7 • Regional shopping centers with uncertain and shifting identities lacked the ability to appeal to increasingly value-conscious consumers who had alternative channels such as factory outlet stores, catalogs, internet sales, and big-box stores. In addition, a “do-it-yourself” mentality drove customers from traditional retailers to warehouse stores. • By creatively rethinking public space and urbanism, decaying malls are able to be transformed into “genuine places in the older areas of our spreading suburban environment” resulting in broader appeal to today’s consumers. These observations support the theory that today’s retail landscape is a dichotomy of price and convenience-oriented commodity retailers, and specialty retailers congregated in appealing environments. Not coincidentally, shoppers are choosing alternatives to enclosed regional malls in part because those malls lack an identifiable sense of place. • Retail alternatives, or specialty projects where consumers enjoy spending their discretionary time and income, have become a major focus. Formats that add entertainment and cultural uses, or unconventional uses such as mixed-use centers, educational facilities, medical clinics, or a variety of other uses are increasingly common and sought after. Fitzgerald and Leigh agree that downtown shopping may be poised for a recovery, noting “shoppers who used to buy in malls are now more willing to shop on ‘Main Streets.’” In October 2012, Co-Star published a series of three articles on demalling America. As has already been noted, the articles point out that as anchor tenants merge and contract, dominant regional malls are faring better than secondary malls and do a better job attracting tenants. This trend is particularly important in light of many retailers trending towards smaller stores, exacerbating vacancy rates in weaker projects, and providing opportunities to augment tenant mix in stronger ones. A dominant mall’s success in a retail trade area is often at the expense of outmoded centers such as Vallco. The article asserts that 10 percent of the approximately 1,000 regional malls in the 8 J. Thomas Black, Libby Howland, and Stuart L. Rogel, Downtown Retail Development: Conditions for Success and Project Profiles (Washington, D.C.: The Urban Land Institute, 1983). Kevin Mattson, “Antidotes to Sprawl,” in Sprawl and Public Space: Redressing the Mall, ed. David J. Smiley (Washington, D.C.: National Endowment for the Arts; New York, N.Y.: Distributed by Princeton Architectural Press, 2002). Nora Ganim Barnes, “The Restructuring of the Retail Business in the US: The Fall of the Shopping Mall,” Business Forum 27, no. 1 (Winter 2005). Mark Robbins, “Redressing the Mall,” in Sprawl and Public Space: Redressing the Mall, ed. David J. Smiley (Washington, D.C.: National Endowment for the Arts; New York, N.Y.: Distributed by Princeton Architectural Press, 2002). Joan Fitzgerald and Nancey Green Leigh, Economic Revitalization: Cases and Strategies for City and Suburb (Thousand Oaks, CA: Sage Publications, 2002). APP-166581 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 13 US will fail by 2022 and repeats the quip: “Shopping centers aren’t overbuilt, they’re merely under- demolished.” Malls are typically well located, and are designed for a shorter lifespan than other types of real estate such as housing and office. (Retail is routinely remodeled, as customers are attracted to “new and shiny.”) Malls need to provide a dynamic mix of shopping, dining and entertainment experiences in a “want-based” environment. With this consumer desire in mind, many malls as well as new retail projects are being redesigned as town squares or open-air pedestrian “streets.” Malls and stores that are not refreshed on a regular basis tend to perform far worse than those with significant upgrades and reinvestment. Distressed malls often reflect the challenges associated with low rents and occupancies, as they cannot generate sufficient income to support the significant reinvestment and financing costs associated with a major renovation. While painful on a case-by-case basis, the culling of weaker properties from the market is a healthy process. CoStar states that a fundamental decision needs to be made about whether to reposition a mall or to demolish and start over. Regardless, a major repositioning represents key opportunities for visionary planning, political leadership, and the owner. There are positive externalities such as a well-executed project helping lure desired employers and their highly desirable workers that should be considered as well. Execution is difficult: In order to obtain financing, tenants need to be lined up in advance, and the authors point out that successful mall repositioning involves a combination of deleveraging, demalling, and deep pockets. These observations were echoed by several stakeholders whose interviews are summarized in the 2014 Report. The accelerating differential between the best and marginal malls clearly demonstrates that Vallco is not a unique circumstance. Vallco has suffered because of directly competitive Class A malls in superior locations, namely Stanford Shopping Center and Valley Fair. These malls have best-in- class anchor department store tenants, an up to date selection of in-line shops (as differentiated from Vallco whose shop tenants are virtually nonexistent), and a much more pleasant, pedestrian- oriented physical environment in contrast to Vallco’s poorly laid out mall core and parking, and lack of a direct and pleasant pedestrian connection across Wolfe Road. In addition to Valley Fair and Stanford Shopping Center having continued to upgrade their common areas and amenities so they are appealing places for consumers to shop and “experience” their free time, Santana Row8 has introduced an open-air, “Main Street” environment in Vallco’s primary trade area. All three of these projects have created a high standard for “want-based” shopping environments. (An update to the 2014 Report’s description of Valley Fair, Santana Row, and Stanford Shopping Center is included in Attachment “B” to this memo.) 8 Although it does not have the characteristics of a traditional shopping mall, Santana Row competes with surrounding shopping malls (as it would with Vallco), as it offers a unique mix of retail, restaurant and entertainment in a well-curated pedestrian oriented environment. APP-167582 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 14 Vallco suffers from all of the circumstances, both within and beyond its control, that conspire to relegate once vibrant malls like Vallco to Class C status. It also must be emphasized that Vallco is not unique; many malls across the United States and within the San Francisco Bay Area have experienced exactly the same phenomenon, as documented above. Vallco-specific Findings The 2014 Report contained a significant amount of research and analysis of Vallco that is summarized below and updated (in italics) to reflect current observations of particular relevance to the analysis of the Initiative. The mall was originally constructed between 1974 and 1979. Increased competition soon came from other regional malls such as Stanford Shopping Center, and in particular Valley Fair, which opened in 1986. These direct competitors began to take market share from Vallco. The market and ownership challenges faced by Vallco cannot be understated. While Vallco was a high performing destination when it opened, it quickly faced a formidable challenge from Valley Fair, which is located in close proximity and at a high traffic intersection of two major freeways. In addition, Vallco is located in Stanford Shopping Center’s trade area. Vallco’s circumstances are not unique as there is an oversupply of mall space in the United States. Key to the repositioning process is creating a brand that sets Vallco apart from competing projects and communicating that brand to the community and prospective tenants alike. As documented earlier, Vallco was anchored by faltering department stores that did not allow Vallco to differentiate itself from its competitors. Combined with other leasing challenges, including numerous ownership changes as the result of its poor economic performance, Vallco’s ability to compete effectively in the competitive regional mall industry was reduced. This led to Vallco having no compelling qualities with which to distinguish itself from other retail offerings serving Cupertino and surrounding communities. Specifically, Cupertino residents have ready access to Valley Fair, Santana Row, and Stanford Shopping Center, all Class A projects. For this reason, the consolidation among tenants (especially anchors), and Vallco’s various owners not investing in upgrading facilities and retaining key tenants, Vallco has sunk to Class C status. An owner or developer with the expertise and financial capability to execute a repositioning strategy is required for a successful outcome. The City’s ability to contribute financially and/or to use its governmental powers to facilitate redevelopment will have a material impact on the success and timing of any redevelopment. Vallco’s various owners have been either unable or unwilling to make the financial investment required to renovate Vallco so that it could have a physical plant capable of competing with Valley Fair and Stanford Shopping Center. Neither have they made the financial investments needed to “buy” key tenants to jumpstart leasing efforts, a reflection in part of Vallco’s long-term poor economic performance and frequent ownership changes during a period in which repositioning efforts may have had more potential than in today’s environment. Thereafter, while its competitors renovated, expanded, and re-tenanted to meet market demands, Vallco languished with incomplete development, defaults from prior ownerships, prolonged and APP-168583 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 15 unrealized redevelopment plans, management changes, and other setbacks. One widely and commonly-cited reason for Vallco’s decline was a mismatch between Vallco’s mid-range stores and Cupertino and the surrounding area’s growing affluence and changing ethnic makeup. Vallco’s anchor tenants: Sears, JC Penney, and Macy’s (previously Emporium that was acquired by Macy’s) are precisely the sorts of retailers that did not fare well as regional malls differentiated themselves from their competitors. Valley Fair’s anchor tenants (Macy’s, Nordstrom, and planned Bloomingdales) only serve to accentuate Valley Fair’s superior retail positioning. Regional mall operation, leasing and management is a competitive business: Vallco was unable to compete with the much larger and more sophisticated operators of Stanford and Valley Fair. As a direct result, the mall is largely vacant, save for AMC Theater, The Bay Club, the skating rink, bowling center, a few restaurants, and small tenants. Westfield (Valley Fair) and Simon (Stanford) both own multiple properties. Space at both Valley Fair and Stanford is at a premium, and the demand for space allows Westfield and Simon to do package deals with tenants with specific leasing conditions that could put Vallco at a competitive disadvantage. For example, some leases may require tenants to exclusively occupy high-demand malls, dictate a specific location within those malls or place “radius restrictions” that prohibit tenants from opening stores at competing properties within a certain number of miles of their store. Vallco has no doubt had trouble leasing to various tenants in this competitive environment. The lack of clothing and apparel-related stores is due in part to the lack of fashion-driven, destination retail centers in Cupertino. Vallco suffered from competition with Valley Fair and other projects, leading to high vacancy and shoppers on apparel-driven trips turning to destinations outside Cupertino. Cupertino currently lacks specialty retail, and fashion, in particular. With the department stores at Vallco now being closed, and new offerings at competing Valley Fair, Santana Row, and Stanford Shopping Centers, this dearth of fashion has gotten worse. Several adjacent projects are planned or under construction. The adjacent Rose Bowl project is under construction, and the owner expects to receive competitive rents for the 60,000 square feet of retail space. Main Street is entitled and being marketed for lease, but grading has only just begun. The Apple Campus 2 is approved, with construction expected to start soon. These projects are presently either complete or under construction, and the opportunities or competition they represent, as the case may be, will inform how Vallco is ultimately designed so as to be most successful. Governing documents control what can be changed on the property, including parking, building requirements, and certain uses. Ground leases and various tenant leases have provisions further restricting changes and certain uses. With the three department stores and the mall itself now under a single ownership, the restrictions contained in Vallco’s governing documents are not as significant as before, but some remaining tenants still have certain control rights in their leases. Certain approvals needed to redevelop the property will need to be negotiated. Details of these leases follows: • AMC Theaters: AMC executed a lease on 5/5/05 for 15 years with three 5-year options and one 4½-year option. The lease includes the following provisions: APP-169584 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 16 o A protected area requiring AMC’s approval for changes of any parking areas west of Wolfe Road including the then newly built parking deck, and all pedestrian access to and from the parking areas, but allowing the landlord rights to certain future building areas (lease § 26). o A requirement that the landlord continuously operate the property as a shopping center. o Restrictions on the sale of movie concession food or beverage within 50 feet of AMC’s premises, in common areas, or in parking areas, on so-called noxious uses typically restricted in shopping center governing documents (but allowing Lucky Strike bowling alley), and on a health club. o Co-tenancy requirements (and rent concessions for failure for them to be met). • Lucky Strike: The bowling alley executed a lease on 12/11/06 for 38,000 square feet of space for a term of 15 years from 1/1/07 to 12/31/22 with three 5-year options to renew. • The Bay Club: The Bay Club’s lease dated 3/15/11 has a term of 15-years 4-months plus options to renew for three 5-year periods. The lease establishes part of the common areas as protected areas requiring Bay Club’s approval for modifications, and an exclusive for a health club on Sears’ lands. • Sprint: Sprint has two leases for cell towers, each commencing in 2002 with a 15-year initial term plus two 5-year options to renew. Analysis of the Potential Impact of the Initiative on Vallco This memorandum analyzes the potential impact of the Initiative on Vallco by comparing what would be allowed under the City’s currently adopted General Plan with what could occur if the Initiative were to be approved by Cupertino’s voters. It begins with a brief description of the Initiative and then analyzes potential development scenarios with and without the Initiative. The Initiative would modify the General Plan and would affect future development at the Vallco Shopping District and in other areas of Cupertino in the following ways. Ø At the Vallco Shopping District, the Initiative would limit uses to retail, entertainment, and hotel, prohibiting any new residential or office development. § While none of the units allocated to Vallco (389 units) would be allowed to be built, about 60 percent (243 units) would be reallocated to other residential areas in Cupertino. § In contrast, the 2,000,000 square feet of office space presently allowed at Vallco would be eliminated from the General Plan altogether, which would significantly reduce potential new office development in Cupertino. § The Initiative would also reduce height limits for any new development on the site to a maximum of 45 feet, below the height of some of the existing buildings at Vallco. APP-170585 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 17 Ø In other areas of Cupertino, the Initiative would generally modify the General Plan to: § Set maximum building heights for Neighborhoods at 45 feet, which increases the maximum General Plan height for these areas; § Set maximum building heights for Special Areas as identified in the current General Plan. § Add new policies regarding development setbacks, “step-backs,” “building planes,” and rooftop height extensions citywide. § Limit the maximum lot coverage for projects over 50,000 square feet. § Reduce the number of new residences allowed by 146 units. § Add specific land use policies applicable to North De Anza Boulevard, Stevens Creek Boulevard, and Homestead Road in North Vallco Park. Ø Voter approval would be required for any further changes to the development allocations for Vallco and to the other policies and provisions enacted by the Initiative. Ø Voter approval would not be required for the City Council to make changes to the development allocations for other areas of the City, or for any General Plan provisions not enacted or amended by the Initiative. This memorandum evaluates what could occur at Vallco under the following potential development scenarios, as further described in the 9212 Report for this Initiative: • Adopted General Plan, which assumes full buildout of land uses throughout the City as allowed under the 2040 General Plan, including redevelopment of Vallco site, • Adopted General Plan With 2015 Sand Hill Proposal, which is consistent with the first scenario with additional specificity based on what Sand Hill is currently proposing, • General Plan With Initiative Assuming Vallco as a Viable Mall, which assumes the mall can be preserved and rehabilitated to become a viable mall. • General Plan With Initiative Assuming Vallco With 2016 Occupancy, which assumes all three anchors remain closed and only a limited number of businesses remain occupied consistent with current conditions. In order to understand the Initiative’s potential impact, each of these potential scenarios are evaluated with respect to the following: § Supportable Retail: Types of retail that might be supportable and attracted to Cupertino, given Cupertino’s retail trade area and retail environment, with emphasis on anchor tenants. § Needed Improvements: Potential physical and other improvements that would be needed to accomplish each scenario. APP-171586 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 18 § Required Investment: To the extent possible, a high level estimate of required investment. § Market Strategies: Strategies to accomplish each scenario, and associated costs if known. § Likelihood of Success: An opinion about the relative financial feasibility, and probability of success of each scenario. Adopted General Plan: Full buildout throughout the City under the 2040 General Plan, including redevelopment of Vallco site as allowed under the adopted General Plan (i.e. 389 residential units allowed at Vallco; other units could be reallocated as per Alt. C in the 2014 EIR). This alternative does not include the additional community and fiscal benefits proposed by Sand Hill for the Hills at Vallco Project. § Supportable Retail: As documented in this memorandum, it is unrealistic that Vallco will remain a regional shopping center under any scenario because “solid retail chains like Sears, K Mart, and JC Penney are faltering,” and high-end retailers like Nordstrom, Bloomingdales, and Neiman Marcus are consolidating into a smaller number of remaining Class A malls that are able to draw from a wide geographic area. The retail options left for Vallco can be categorized as follows: a. Have a significantly smaller retail footprint with specialty retailers curated for Cupertino and the surrounding retail trade area with the caveat that the trade area will be much smaller than that commanded by a regional mall, b. Focus on attracting commodity or daily needs retailers (i.e. big box commodity stores, or food/drug retailers with some shop space) whose store spacing requirements would include Cupertino, or c. Some combination of “a” and “b” where an even smaller specialty component would exist in a distinctly different district than the commodity component. § Needed Improvements: The supportable retail scenarios described above lend themselves to an open-air environment. In the case of this scenario, a so-called lifestyle center or a “Main Street” or “Downtown” environment would be required. In the case of a commodity or daily needs shopping center, convenience attributes such as easy access (both ingress and egress), visibility, and ample convenient parking would be called for as competing projects posses these attributes, and retailers will be cautious not to be at a disadvantage with respect to attributes enjoyed by a competitor. Regardless of the scenario selected, demolition of a significant portion (if not all) of the existing mall would likely be required. § Required Investment: Required investment will be equal to that required for development of any new project. Costs would be similar to those incurred at the Village at San Antonio Center in Mountain View, or other similar projects, and will vary, potentially significantly, depending upon the extent of vertically integrated mixed-use structures and structured parking incorporated into the project design. In addition, a developer would need to incur APP-172587 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 19 the significant costs of acquiring Vallco, demolishing the existing buildings, buying out existing tenants, preparing plans and processing land use approvals, “carrying” this upfront investment for a substantial amount of time until a new project is approved, and financing the construction and development of a new project. § Market Strategies: Vallco has long since been a “tainted” mall that does not have a brand: a clear statement of what makes it unique and compelling as compared with alternative shopping environments. A clearly articulated branding statement will need to be made. Furthermore, a clearly articulated plan demonstrating a clear path for redevelopment including obtaining required governmental approvals and a realistic timeline for accomplishing this will be required in order to generate attention from prospective retail tenants. The inclusion of office, residential and hotel uses at Vallco will provide more “round the clock” activity and a local retail consumer base to help support its retail offerings, although onsite demand will need to be significantly supplemented from the surrounding retail trade area. Aggressive economic deals will need to be made with the first tenants committing to the new project, most likely in the form of rent concessions and tenant improvement allowances. Brokerage commissions and legal expense will be significant up front costs. § Likelihood of Success: If a developer is able to articulate a clear branding statement, has the financial capability and staying power to execute redevelopment and can attract tenants through potentially aggressive lease concessions, then a project of a realistic size and scope should be achievable. Again, this project is likely to be much smaller than what presently exists at Vallco Shopping Center. Adopted General Plan with Sand Hill Proposal: Full buildout throughout the City under the 2040 General Plan, with the Hills at Vallco project redeveloped as proposed in September 2015 (as further specified in Dec. 2015) at the site of the Vallco Shopping Center. This plan calls for 800 residential units, some reallocated from other areas. § Supportable Retail: Same as described above under Adopted General Plan scenario. § Needed Improvements: Same as described above under Adopted General Plan scenario. § Required Investment: Same as Adopted General Plan scenario with the caveat that vertically integrated mixed use projects can be significantly more complicated and expensive to build than single use or horizontally integrated mixed use projects. § Market Strategies: Same as Adopted General Plan scenario. On-site residential units will help generate “round the clock” activity and will likely add some incremental on-site sales.9 9 If you consider that each household in Cupertino has approximately 2.87 persons per household (Strategic Economics, January, 2016), 800 dwelling units would be expected to house 2,296 persons. Compare this number to the 16 million customer visits at Valley Fair, many of which are repeat customers from the APP-173588 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 20 § Likelihood of Success: Same as described above under Adopted General Plan scenario. General Plan with Initiative Assuming Vallco as Enhanced Mall: Full buildout throughout the City under the 2040 General Plan as amended by the Initiative, with a re-tenanted 1.2 million SF enclosed shopping center. The existing 1.2 million square feet of retail-dining-entertainment at Vallco would need to be maintained as both a “minimum” and a “maximum,” thereby reducing flexibility and the ability to adapt to changing market conditions. There will be no residential units, and no office space added to the project. § Supportable Retail: As stated earlier, it is unrealistic that Vallco will be successful as a regional mall under any scenario. Stipulating that Vallco will have a minimum size approximately equal to that of Valley Fair is unrealistic given the historical experience of Vallco and the current competitive retail environment in which it operates. Although Vallco once thrived in the ‘80’s and early ‘90’s, its decline started in the mid-90’s as the result of competing projects with superior location attributes, anchor tenants better suited to withstand two decades of retailer consolidation, and greater investment in creating a more attractive shopping environment. Also, as noted earlier, while 800 residential units will not attract retailers on their own, a mix of uses including residential and office will add vitality to a project – vitality that would be precluded under the Initiative. § Needed Improvements: The entire mall would need to be gutted and upgraded to a level of finish that would compete favorably with competing projects. It is unlikely that the pedestrian bridge and the JC Penney portion of the project could successfully be renovated, and alternative arrangements would likely need to be made for those facilities. Parking facilities would also need to be redesigned and rebuilt where they do not function well. § Required Investment: In absolute dollars, the required investment would not likely be as high as under the Adopted General Plan because less development is contemplated at Vallco. However, the return on investment could reasonably be assumed to be much lower than the Adopted General Plan scenario given the challenges and costs associated with repositioning the Mall. Given these challenges, this scenario may not generate high enough returns to attract sufficient private capital to fund the extensive renovation and repositioning that the mall would require to be successful. Several owners in the past have attempted to make Vallco successful at significant financial cost, which has resulted in a history of ownership changes, foreclosures and deferred maintenance. § Market Strategies: A marketing strategy would initially need to focus on finding suitable anchor tenants. It has already been established that mid-market anchor retailers like Sears or JC Penney do not have the drawing power required of a regional mall in today’s world; surrounding retail trade area. In other words, while the on-site residential population will add a certain amount of vitality and round-the-clock activity, the on-site residential population in and of itself does not create the demand required to attract retailers that seeks to draw sales from a much broader retail trade area. APP-174589 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 21 their brands do not help to differentiate the malls they anchor. It is unlikely that high-end anchor tenants like Nordstrom, Bloomingdales, Neiman Marcus, and the like would be interested in locating at Vallco if for no other reason than expected cannibalization of sales at their next closest stores. Some malls have backfilled anchor tenant spaces with Walmart, Costco, or Target. These anchors are generally not compelling anchors for mall tenants looking for new environments in which to open. Without anchor tenants, it is unlikely that main mall tenants would be attracted even to an upgraded Vallco. Many malls have used entertainment anchors as part of their repositioning strategy, however, Vallco presently has three major entertainment uses: movies, bowling and an ice rink. If these current entertainment uses were compelling for mall tenants, Vallco’s occupancy level would be much higher. § Likelihood of Success: Doing something over the same way and expecting a different result is an unlikely outcome. It certainly would not be a predictor of success for a redeveloped Vallco. Retail must constantly reinvent itself to stay “fresh” and relevant to customers. Trying to preserve Vallco as it was decades ago would not result in attracting new tenants or customers, both of which are critical to project success. Rather, something substantively new and differentiated from other competing projects should be created at Vallco in order to draw customer traffic. General Plan with Initiative Assuming Vallco with 2016 Occupancy: Full buildout throughout the City under the 2040 General Plan as amended by the Initiative, with no re-tenanting of Vallco, and no site improvements. This scenario recognizes that, without significant investment and redevelopment, Vallco is unlikely to improve beyond its present 2016 level of occupancy (314,000 SF retail occupied). This scenario also assumes, as required by the Initiative that there will be no residential units, and no office at Vallco. § Supportable Retail: If no site improvements are made, then “nothing new” would drive either retailer or consumer interest. Furthermore, the project would remain mostly vacant, a strong deterrent to customers visiting the center. In this scenario, new tenants likely would not be attracted to Vallco and the remaining tenants, primarily entertainment, restaurant and fitness uses, would represent the Mall’s primary draw. § Needed Improvements: No major improvements are assumed, in part due to the fact that there would be little surplus rental revenue from tenants to enable the owner to invest in needed improvements. § Required Investment: While capital investment would be minimal, the owner would continue to have significant ongoing operating expenses in addition to carrying costs on the acquisition. In addition, the owner will likely have to bear the cost of lease concessions to keep current tenants on site. § Market Strategies: There is no plausible marketing strategy for a do-nothing scenario. APP-175590 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 22 § Likelihood of Success: There is no plausible likelihood of success for a do-nothing scenario, and Vallco will likely continue to deteriorate to the point of closure. Conclusion This memo has identified three key trends that explain both the environment in which all malls operate, including Vallco, and the reasons some are successful while others are not: 1. Class A malls continue to flourish while Class B and C malls are languishing at an accelerating rate throughout the United States. 2. Consolidation amongst retailers, including department stores, continues, resulting in instability among the retail tenant base for malls. 3. Consumers are increasingly looking for well-designed and authentic destination retail environments where they can not only spend their free and recreational time, but where they can “experience” something unique and appealing on an emotional level. Store spacing has been referenced multiple times. Malls are generally tenanted by specialty retailers who draw from a wide trade area. The more unique the offering, the wider a consumer draw that can be expected. Both Valley Fair and Stanford Shopping Center offer unique shopping environments with tenants, particularly anchors, that exist only in those locations. For example, a daily needs retailer such as a grocery or drug store may draw from as little as a one- mile radius. Conversely, a luxury retailer like Neiman Marcus might decide it only needs 3 stores to adequately cover a metropolitan area the size of the San Francisco Bay Area. Valley Fair and Stanford leasing plans and trade areas may be found in Appendix B. Department stores are no longer department stores as most of the "departments" left a long time ago and became “big box” retailers. Today’s department stores can be more accurately described as large fashion retailers without any particular brand other than their own house labels. The dramatic consolidation of department stores has led to an environment with fewer available anchors to backfill vacant spots in malls. In some situations, non-traditional anchors such as Walmart, Costco, and branded anchors like F21 are filling these gaps, however, these retailers do not have the star drawing power of traditional department stores. Multi-channel retailing and the internet in particular offer consumers a compelling choice in the price/convenience equation. This phenomenon combined with consolidation of the big box retailers that sell commodities means big box stores are not likely candidates to backfill Vallco’s anchor spaces. The major projects competing for customers from Vallco’s primary trade area have reinvested heavily, bringing in new and interesting tenants, and creating an appealing environment and amenities not found elsewhere. Examples include Valley Fair’s Luxury Collection and Dining Terrace, and Santana Row’s open air, Main Street environment. The cost of such improvements is significant. APP-176591 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 23 Rent and the cost of construction are directly linked. Existing “second hand” space can be both attractive and competitive as compared with new construction, however, existing spaces may not have key physical attributes, such as access, proximity to adequate parking, visibility, loading facilities, and windows, which a retailer is likely to require. Thus, occupying secondhand space in an older project such as Vallco is not an option for many retailers, as they do not believe that they will be able to compete effectively from a sub-marginal facility or generate the top line sales necessary to justify investment in a new store. Complicating matters, Vallco does not generate much rental income from which to pay for its operating costs or debt service. If forced to stay in its present configuration, there is no reason to believe Vallco would be able to generate the additional income required to fund a significant renovation that might make it more attractive to retailers. Encouraging mixed-use projects is part of a larger nationwide trend of encouraging increased density and activity. With respect to retail, this trend is not without its own set of issues as it is much more difficult and expensive to accommodate a mix of uses as opposed to a single retail use. 10 If economically viable, the community, owners, and tenants alike can benefit from the synergies created by a mix of uses in the same project, increased resilience to an economic downturn due to a diversity of uses, shared parking, increased scale of development as compared to a single use projects, and some incremental consumer demand on-site. Finally, a complete conversation about Vallco cannot occur without referencing the understandable sentimental attachment the community has to Vallco in its heyday. However, the retail landscape has evolved in ways that were unimaginable when Dorothy Hamill was practicing at Vallco’s skating rink in the 1970’s. Redevelopment of obsolete assets is a fact of life, whether the asset is economically or functionally obsolete. In Vallco’s case, it is both. Could Vallco be resurrected? Not in its original form, but quite possibly in another form that could be a centerpiece of the Cupertino community and serve today’s consumer’s needs. Any resurrection needs to be sufficiently profitable to attract investment in a competitive economic environment. A strict adherence to the past can result in a distressed shopping center continuing on a downward spiral, unable to compete in a rapidly changing retail environment, and to continued blight. The initiative that is the subject of this memo should be carefully evaluated for unintended consequences. Similar land use initiatives in other cities have significantly impaired the ability of 10 Cupertino is a suburban, auto-oriented environment that is just starting to experience the market and economic changes that make increased densities viable. It can be difficult to attract quality retailers because of the compromises a retailer might need to make as compared with more traditional settings. In addition, incorporating all the design and facility elements needed to successfully operate retail space as part of a mixed use project (e.g. parking, vertical transportation systems, loading including accommodating truck turning movements, trash and recycling areas, utilities, mechanical and venting systems, etc.) is challenging from a cost perspective. For example, when designing space that does not compete with existing projects’ critical convenience attributes (visibility, parking, and access), overcoming tenant objections can be difficult. Often it is easier and more cost effective to design horizontally integrated mixed-use projects where the intent is to include a retail component alongside residential and non-residential uses. APP-177592 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 24 owners to redevelop a property, mostly due to the significant costs associated with planning and executing a redevelopment project combined with the uncertainty of obtaining the required approvals to move a new project forward. In other words, such initiatives have skewed the cost benefit equation away from making these projects attractive for investment. Four scenarios describing Vallco’s future have been evaluated in this memo. These scenarios and a summary of the conclusion for each (in italics) are as follows: • Adopted General Plan, which assumes full buildout of land uses throughout the City as allowed under the 2040 General Plan, including redevelopment of Vallco site, A mixed-use project with a smaller retail component has a much higher likelihood of success than preserving the existing Vallco mall in its present configuration. • Adopted General Plan With Sand Hill Proposal, which is consistent with the first scenario with additional specificity based on what Sand Hill proposed in 2015, Allowing for a mix of land uses on the Vallco site has the greatest likelihood of success. The Sand Hill Proposal that includes 800 residential units and 2,000,000 square feet of office space has the potential to create a dynamic environment. • General Plan With Initiative Assuming Vallco as Enhanced Mall, which assumes the mall can be preserved and rehabilitated to become a viable mall. This scenario is not a feasible option from either a market or development perspective. Trying to preserve Vallco as it was decades ago will not attract new tenants or customers, especially customers who are drawn to vibrant, pedestrian-oriented retail environments. Something substantively new and differentiated from competing projects must be created at Vallco in order to draw customer traffic. Valley Fair (and Santana Row), and Stanford Shopping Center continue as the successful Class A malls serving Cupertino’s trade area, market forces having determined there is no need for an additional Class A regional shopping center serving the Cupertino trade area. • General Plan With Initiative Assuming Vallco With 2016 Occupancy, which assumes all three anchors remain closed and only a limited number of businesses remain occupied consistent with current conditions. Vallco in its present configuration is unlikely to generate the incremental income required to justify investment in a significant renovation. The most likely outcome with the Initiative is that Vallco will remain in its current state, or it will continue to decline and face closure like many similar Class C malls across the United States. These trends do not mean that a retail component will not be successful at the Vallco site. Rather, these trends point to the Vallco site needing to be redeveloped into a project that more closely reflects the realities of today’s consumer and real estate market. The scenarios allowing the redevelopment of the Vallco site into a mixed-use project with a smaller retail component are far more likely to succeed than the scenarios that require the existing mall to be left in place, which have little chance of succeeding. APP-178593 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 25 In conclusion, as previously stated in the 2014 Report: “The suitability of a retail project for any given community is a comment on how market forces have evolved over time. Focus on planning retail projects that are best suited to serve the local community’s needs as opposed to replicating facilities found elsewhere or resurrecting facilities from another era.” APP-179594 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 26 Attachment “A” Historic and Current Retail Conditions in Cupertino and Surrounding Areas The following findings were made in the 2014 Report about Cupertino and the surrounding area. To the extent applicable, updates have been added in italic letters at the end of each finding. Situational and Demographic Findings The 2014 Report noted a number of attributes identified in the 2014 BAE Market Study. Like in 2014, these attributes provide important context for this memo: • ABAG’s One Bay Area Plan indicates that Cupertino will gain almost 5,000 households and over 7,000 jobs between 2010 and 2040. No change. • Cupertino differs markedly from the County and region with respect to racial and ethnic breakdown. The City’s Asian population comprised 63.1 percent of total population in 2010. By contrast, just under 35 percent of daytime workers are of Asian descent. The City’s ethnicity has not changed markedly. • Reflecting high education levels and professional occupations, Cupertino households earn a significantly higher median household income ($123,700) than Santa Clara County ($87,200), and the Bay Area ($75,800). No change. • On a per capita basis, Cupertino’s annual retail sales for 2011 are $10,483, compared to $13,404 for Santa Clara County, and $12,493 for California. If anything, Cupertino’s annual retail sales have eroded slightly with the recent closure of Vallco’s anchors, and Santa Clara County’s have increased slightly with the opening of new retail projects like Hunter Storm’s development on the former Hitachi property. • Office demand continues to be strong, limited primarily by supply constraints and Apple’s demand for office space. If anything, demand for Class A office space has only increased as the high-tech industry has continued to expand in Santa Clara County. The opportunity for Cupertino can easily be seen in the number of office campuses that recently have been or presently are being assembled in neighboring cities. Apple’s North San Jose assemblage is just one example. The City is well served by road infrastructure; however, there exist few regional mass transit options. A rapid bus route along Stevens Creek Blvd. has been proposed by VTA, and, once implemented, will bring a new and much needed public transit option to what has traditionally been an auto-oriented community. APP-180595 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 27 The City’s resident and workforce populations are distinct beyond the income and ethnicity differences noted above. For example, Apple is competing with Google, Facebook, LinkedIn and others for talent. To the extent that these workers are younger (as is often the case), there is a greater demand for a more urban environment. Competition for knowledge workers has only increased since the 2014 Report was written. Controversies such as private busses taking San Francisco residents to and from jobs in Silicon Valley only serve to highlight the extent to which millennials prefer to live in urban as opposed to suburban environments. Cupertino’s central location within the Trade Area as well as access to freeways and major arterials creates the opportunity to introduce new retailers to the City, and perhaps even to capture sales presently leaking out of the City to other parts of the Trade Area. The lack of a coherent retail economic development strategy (i.e. a Cupertino “retail branding statement”), political uncertainly about key redevelopment opportunities, and well tenanted and managed shopping alternatives all undermine capitalizing on this opportunity. Cupertino has more jobs than employed residents, leading to a net inflow of workers (31 percent of people employed in Cupertino live in San Jose, 16 percent live in Cupertino, and 34 percent elsewhere in Santa Clara County). This daily inflow creates a significant opportunity for well- located properties in Cupertino to be positioned as destination-oriented retail development. There are established traffic patterns favoring Cupertino given the established and growing office sector (the Apple 2 campus being the most obvious growth example). Taking advantage of these established traffic patterns could be part of a retail economic development strategy. Daytime workers generate demand for purchases near their workplace, especially meals eaten during the workday. Additional daytime or to/from work shopping opportunities are created when shopping alternatives are near to or on the path of travel to/from workplaces. To the extent that office campuses are not “closed” in that they offer dining and daily needs shopping venues on-site, demand for daily needs and food and beverage should continue to grow along with the growing base of office space. General Retail Findings There are significant barriers to entry such as lack of available land to build new retail projects in Cupertino. The Apple II campus has been approved by the City and is presently under construction. The Main Street project is also moving forward. There remains a lack of large parcels suitable for new commercial development; most development will need to be redevelopment of existing but economically obsolete product. Vallco will be the City’s single greatest opportunity to draw retail dollars to Cupertino. While the present retail allocation for Cupertino is projected to be adequate to meet the retail needs of today’s residents and projected population growth, developing an overall retail strategy as a stated economic development goal will inform that allocation and enhance the City’s ability to create retail facilities capable of meeting the City’s future needs and meeting any stated goal of recapture APP-181596 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 28 leaking sales. The City has begun to address a retail economic development strategy, however, clearly articulated goals have not yet been made. The absence of such a strategy has created a vacuum in which considerable speculation about the worth and value of Vallco has occurred. This speculation is not consistent with the goal of implementing a retail strategy for the City. Cupertino has a bifurcated retail sector: Daily needs and some commodity categories perform well while other categories perform poorly or not at all. Overall, the City leaks sales to Cupertino’s larger shopping Trade Area. That less than eight percent of potential sales from trade area customers were occurring outside of the Trade Area indicates that the overall retail trade area is well balanced with respect to retail. The City’s commodity retail options (daily needs retailers in particular), with the exception of food and beverage, remain more plentiful than specialty retail options. Sales and sales leakage patterns have not changed materially in the part two years. This leakage is probably more as a result of being bested by more aggressive economic development and better-executed development elsewhere than by any fundamental flaw such as the City’s location in the Trade Area, transportation issues, or demographics. Neighboring cities continue to forward economic development initiatives, so Cupertino remains in an even more competitive environment for attracting specialty retail than at the time the 2014 Report was drafted. A retail offering tailored to better meet the needs of citizens (both those presently living in Cupertino and likely future residents, i.e. knowledge workers) will be instrumental if the City hopes to recapture some of the sales leakage. Real estate circles have repeatedly identified two trends contributing to “B” and “C” regional malls losing market share to “A” malls, closing, and being redeveloped: (A) Retail anchors and in-line retailers focused on other than the high-end market, and the malls that are primarily comprised of these retailers continue to lose market share while malls with high-end/luxury retailers are gaining market share. (B) Enclosed malls that “turn their back” on the street by not having stores facing outwards, and instead having blocks-long blank walls facing outwards are not appealing to today’s customers who increasing value a more urban experience. A broad array of retail shopping options are available in nearby communities and are easily accessible to Cupertino residents. The number of options available to Cupertino residents has not changed materially, however, higher-end specialty destinations Valley Fair and Stanford Shopping Centers have undergone upgrades since the 2014 Report was drafted. The leakage analysis shows that city boundaries do not represent a constraint on Cupertino residents shopping elsewhere or non-residents shopping in Cupertino. No change. This point is an important one: Political boundaries (in this case the limits of incorporation of the City of Cupertino) do not represent a boundary on where residents will travel to shop. Distance, traffic congestion, and time of travel are all greater factors when making shopping decisions than which municipality might receive the benefit of sales tax revenue. APP-182597 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 29 With respect to specific categories: • The general merchandise category, which includes businesses that sell everyday items, is performing well in part because of three mall department stores and one discount department store whose sales are included. It should be noted that two Trader Joe’s and two Safeway stores are located just outside the City limits, but that a new Safeway will be opening within the City shortly. Two of the three department stores at Vallco have closed, and the third is expected to close imminently. As could be expected, the general merchandise category is performing slightly worse than at the time of the 2014 Report, however, performance has been tempered due to increased sales due to an improving economy and the shopping center on Homestead with the relocated Safeway now being open. • There are also no major electronics or appliance stores such as Best Buy or Fry’s in Cupertino, although Sears (in the general merchandise store category) carries a large variety of appliances and may capture a larger share of resident expenditures that would otherwise occur in stores dedicated to electronics and appliances. Sears is now closed, however, many of the items sold by Sears are commodities that can be obtained easily in or in close proximity to Cupertino. APP-183598 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 30 Attachment “B” Summary of Competing Specialty Shopping Destinations The 9212 initiative proposes preserving Vallco to be a competitive project with Valley Fair, Santana Row, and Stanford Shopping Center. Each project’s current status is described below for reference: Westfield’s Valley Fair Shopping Center opened in 1986. Presently 1,477,393 square feet, the Mall is home to 272 retailers including Nordstrom, Macy’s, Apple and Cartier producing $494.9 million in annual sales from over 16 million annual customer visits. Following is a map showing how Valley Fair defines its trade area: APP-184599 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 31 Valley Fair is often cited as the highest performing mall in Northern California. This map shows the breadth an “A” mall draws from up to and including from its biggest competitor, Stanford Shopping Center. New merchandising strategies such as Valley Fair’s “Luxury Collection,” a curated cluster of upscale tenants gives shoppers from a wider geographic area reason to make the trip to Valley Fair. Likewise, additional draw can be expected from Bloomingdales, a planned new anchor. Shopping destinations such as the Luxury Collection and Bloomingdales broaden the base for future leasing efforts, so Valley Fair can be expected to continue to increase in size and market share. Valley Fair’s leasing plan is shown below: Westfield recently remodeled its food court to create its “Dining Terrace.” This amenity creates a place for people to gather, mingle, and linger. Lighting, materials, and the APP-185600 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 32 inside-outside connection expand the open environment during warmer seasons. Banquettes, tables that can be moved together, and internet stations allow visitors with various needs (groups, families, couples) to patronize the dining terrace. Again, these sorts of amenities broaden the appeal and trade area for the mall. Opened in 2003, Santana Row is a 647,000 square foot mixed-use project with retail, hospitality, office, and residential components. There are over 3,500 parking stalls supporting the 70 shops, 20 restaurants, the 212 room Hotel Valencia, 622 rental units, 219 condominium units, and 65,000 square feet of office space. Originally built in the mid-1950s, Stanford Shopping Center has evolved into a regional mall with 1,364,000 square feet of retail space and restaurants with 140 stores including anchors Neiman Marcus, Bloomingdale’s, Macy’s, and Nordstrom. Simon recently completed a major remodel that created four new shop buildings totaling about 140,000 square feet located where Bloomingdale's formerly operated. Bloomingdale's relocated to Fleming’s former location, and Fleming’s moved to a new building. The total GLA of the mall, which generates approximately $5.4 million in sales taxes annually, stayed roughly the same. APP-186601 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 33 Stanford Shopping Center’s trade area is defined by its owner in the following graphic: APP-187602 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 34 Attachment “C” Bibliography and Reference Sources Badger, Emily. “Why No One Likes Indoor Malls Any More”. The Washington Post. January 6, 2015. Drummer, Randyl. “Can This Mall Be Saved? Elements Needed for a Turnaround Include Lower Debt, Deep Pockets”. CoStar.com. October 10, 2012. Available: http://www.costar.com/News/Article/Can-This-Mall-Be-Saved-Elements-Needed-for-a- Turnaround-Include-Lower-Debt-Deep-Pockets/142143. Accessed March 15, 2016. Drummer, Randyl. “The De-Malling of America: What's Next for Hundreds of Outmoded Malls?” CoStar.com. October 3, 2012. Available: http://www.costar.com/News/Article/The-De- Malling-of-America-Whats-Next-for-Hundreds-of-Outmoded-Malls-/141980. Accessed March 15, 2016. Drummer, Randyl. “When Retail Won't Work: Alternative Uses for Converting Former Ghost Malls Back Into Income-Producing Property”. CoStar.com. October 17, 2012. Available: http://www.costar.com/News/Article/When-Retail-Wont-Work-Alternative-Uses-for- Converting-Former-Ghost-Malls-Back-Into-Income-Producing-Property/142285. Accessed March 15, 2016. Fantoni, Robert, Fernanda Hoefel and Marina Mazzarolo. “The Future of the Shopping Mall”. McKinsey & Company. November 2014. Available: http://www.mckinseyonmarketingandsales.com/the-future-of-the-shopping-mall. Accessed March 15, 2016. Heifetz, Justin. "Malls Slump While New Shopping Trends Take Off". Gallup Business Journal. November 26, 2014. International Council of Shopping Centers. "Shopping Centers: America's First and Foremost Marketplace". New York, NY. 2014. International Council of Shopping Centers. “US Shopping-Center Classification and Characteristics”. December 2015. “Malls Into Mainstreets”. Congress for the New Urbanism. 2005. Mattson-Teig, Beth. “Retail Trends to Watch in 2016: Closings, Relocations, and Food as the True Anchor”. Urban Land. March 2, 2016. Nehamas, Nicholas. “Massive Miami Worldcenter Project Ditches Mall, Will Move to ‘High Street’ Retail”. Miami Herald. January 11, 2016. Niemira, Michael P. and John Connolly. “Office-worker Retail Spending in a Digital Age”. International Council of Shopping Centers. New York, NY. 2012. APP-188603 GREENSFELDER C OMMERCIAL R EAL E STATE LLC D EVELOPMENT AND C ONSULTING March 24, 2016 Page 35 O’Roarty, Brenna and Alan Billingsley. “Exploring New Leasing Models in an Omni-Channel World”. International Council of Shopping Centers. New York, NY. October 2015. Peterson, Hayley. “America's Shopping Malls Are Dying A Slow, Ugly Death”. Business Insider. January 31, 2014. Available: http://www.businessinsider.com/shopping-malls-are-going- extinct-2014-1. Accessed March 15, 2016. Pleven, Liam. "Anchors Aweigh: Malls Lose More Department Store Tenants". Wall Street Journal. February 23, 2016. Available: http://www.wsj.com/articles/anchors-aweigh-malls-lose-more- department-store-tenants-1456241715. Accessed March 15, 2016. Powell, Matt. “Sneakernomics: The American Mall Is Doomed”. Forbes.com. August 18, 2014. Available: http://www.forbes.com/sites/mattpowell/2014/08/18/sneakernomics-the- american-mall-is-doomed/#227e4be57a55. Accessed March 15, 2016. Schwartz, Nelson D. “The Economics (and Nostalgia) of Dead Malls”. The New York Times. January 3, 2015. Steiner, Yaromir. “The ABCs of ‘B’ and ‘C’ Malls”. Shopping Centers Today. May 2014. Available: http://steiner.com/wp-content/uploads/2015/11/ShoppingCentersToday_May2014.pdf and http://steiner.com/2014/06/10/the-abcs-of-bc-malls-2/. Accessed March 15, 2016. Uberti, David. "The Death of the American Mall". The Guardian. Thursday 19, June 2014. APP-189604 9212 Report – City of Cupertino March 2016 | Appendix 7 Appendix 7 Fiscal Analysis Tables APP-190605 9212 Report - City of Cupertino March 2016 | Appendix 7 Appendix 7 Table 1 Summary of Development Scenarios City of Cupertino 9212 Report Without Initiative With Initiative Development Type Current Built/ Approveda Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Increase/ (Decrease) With Initiative Development Buildoutb Residential Vallco 0389800 0 0 Other Residential 21,412 22,905 22,494 23,148 23,148 Housing (units)21,41223,29423,29423,14823,148(146) Non-Residential Office (sq.ft.)8,916,17911,470,00511,470,0059,470,0059,470,005(2,000,000) Commercial/Retail (sq.ft.)3,632,0654,430,9824,430,9824,430,9824,430,982 Vallco (Allowable)1,200,0001,200,000650,0001,200,0001,200,000 0 Vallco (Assumed Occupancy)797,0001,104,000598,0001,104,000314,000 N/A Other Retail/Commercial2,432,0653,230,9823,780,9823,230,9823,230,982 0 Hotel (rooms)1,1161,4291,4291,4291,429 0 Net Increase in Potential Developentc Residential Market Rate (units)1,7681,7481,6491,649 Affordable (units)d 114 134 87 87 Total Housing (units)1,8821,8821,7361,736 Residential Total (sq.ft.)e 2,258,4002,258,4002,083,2002,083,200 Non-Residential Office (sq.ft.)2,553,8262,553,826553,826553,826 Retail/Commercial (sq.ft.)798,917798,917798,917798,917 Vallco (Allowable)0(550,000)0 0 Vallco (Assumed Occupancy)307,000(199,000)307,000(483,000) Other Retail/Commercial 798,9171,348,917798,917798,917 Hotel (room)313313313313 (sq.ft.)156,500156,500156,500156,500 Total Non-Residential (sq.ft.)3,509,2433,509,2431,509,2431,509,243 a. Figures for “Current Built/Approved” are from the “Current Built” column of General Plan Table LU-1, which represents existing development and all development approved as of 12/10/14. Table LU-1 is included in the Adopted General Plan and the Initiative. b. Figures for "Development Buildout" are from the "Buildout" column in Table LU-1. c. Net increase is calculated for each scenario compared against the “Current/Built Approved" figures. d. Assumes 5% affordable for citywide projects and 10% affordable for Vallco. APP-191606 9212 Report - City of Cupertino March 2016 | Appendix 7 Appendix 7 Table 2 Annual Sales Tax Generated from Retail Space In Constant FY 2015/16 Dollars City of Cupertino 9212 Report Without Initiative With Initiative Current Built/ Approved Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Vallco Retail Space at Buildout 1,200,000 sq.ft.1,200,000 sq.ft.650,000 sq.ft.1,200,000 sq.ft.1,200,000 sq.ft. Occupancy Rate 66%92%92%92%26% Occupied Retail Space 797,000 sq.ft.1,104,000 sq.ft.598,000 sq.ft.1,104,000 sq.ft.312,000 sq.ft. Taxable Retail Sales per sq.ft.a $124$149$300$124 $74 Estimated Taxable Sales 99,055,000 $164,496,000$179,400,000$137,210,439$23,088,000 Increase (Decrease) in Taxable Sales $65,441,000$80,345,000$38,155,439($75,967,000) Other Retail/Commercial New Retail Space 798,917 sq.ft.1,348,917 sq.ft.798,917 sq.ft.798,917 sq.ft. Occupancy Rate 92%92%92%92% Occupied Retail Space 735,004 sq.ft.1,241,004 sq.ft.735,004 sq.ft.735,004 sq.ft. Taxable Retail Sales per sq.ft.a $149$149$149$149 Taxable Retail Sales $109,500,000$184,900,000$109,500,000$109,500,000 Total Increase in Taxable Retail Sales $174,941,000$265,245,000$147,655,439$33,533,000 Projected Sales Tax Revenuesb $1,750,000$2,650,000$1,480,000$340,000 Note: Dollar figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding. a. Historical data on taxable retail sales was reviewed for Vallco and other establishments throughout the City. The estimates used in the analysis are based on actual performance from 2014, adjusted as necessary to appropriately reflect each retail area and scenario. Taxable sales at Vallco in 2014 were used alongside occupancy data of the mall to estimate the average retail sales per square foot of occupied space. This data was adjusted downward by 40% for the General Plan with Initiative Assuming Vallco with 2016 Occupancy because a substantial portion of currently occupied space is for entertainment and fitness uses. The same type of analysis was done for the areas located outside of Vallco, based on 2.4 million sq.ft. and 92% occupancy. Reported sales are adjusted to 2015 dollars. See Appendix 7 Table 6. b. Projected sales tax revenues assumes City receives 1% of taxable sales, according to sales tax data. Source: City of Cupertino, MuniServices, Strategic Economics, Seifel Consulting Inc. APP-192607 9212 Report - City of Cupertino March 2016 | Appendix 7 Appendix 7 Table 3 Annual Sales Tax Revenues from Business-to-Business (B-to-B) Transactions In Constant FY 2015/16 Dollars City of Cupertino 9212 Report Without Initiative With Initiative Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Office Increase in Office Space 2,553,8262,553,826553,826553,826 Taxable B-to-B Sales per sq.ft.a $40$40$40$40 Estimated Taxable B-to-B Transactions$102,200,000$102,200,000$22,200,000$22,200,000 Projected Sales Tax Revenuesb $1,020,000$1,020,000$220,000$220,000 Note: Dollar figures rounded to the nearest thousand. Numbers may not add up precisely due to rounding. a. Based on recently reported B-to-B sales for businesses (exclusive of Apple) most likely to occupy office space and the current leasable office squaer footage (excluding Apple) in Cupertino, taxable B-to-B sales ranges $37 to $53 per square foot for the past three fiscal years. b. Projected sales tax revenues assumes City receives 1% of taxable sales. Source: City of Cupertino, MuniServices, Seifel Consulting Inc. APP-193608 9212 Report - City of Cupertino March 2016 | Appendix 7 Appendix 7 Table 4 Growth in Annual General Fund Property Tax Revenue In Constant FY 2015/16 Dollars City of Cupertino 9212 Report Without Initiative With Initiative Development Type Incremental Assessed Value per Unit/Sq.Ft./Rooma Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Estimated Incremental Assessed Value Residential Market Rate Unitsb $560,000/unit$990,100,000$978,900,000$923,400,000$923,400,000 Affordable Unitsc $273,000/unit$31,100,000$36,600,000$23,800,000$23,800,000 Net Growth in Assessed Value $1,021,200,000$1,015,500,000$947,200,000$947,200,000 Non-Residential Officed $520/sq.ft.$1,328,000,000$1,328,000,000$288,000,000$288,000,000 Commercial/Retail Vallcoe N/A /sq.ft.N/A N/A N/A N/A Other Retail/Commerciald $480/sq.ft.$383,500,000$647,500,000$383,500,000$383,500,000 Hoteld 300,000$ /room$93,900,000 $93,900,000 $93,900,000 $93,900,000 Net Growth in Assessed Value $1,805,400,000$2,069,400,000$765,400,000$765,400,000 Total Incremental Assessed Value $2,826,600,000$3,084,900,000$1,712,600,000$1,712,600,000 Estimated Incremental Property Tax Revenues to the City Annual Property Tax Revenues City's Share:5.60%$1,580,000$1,730,000$960,000$960,000 Note: Dollar figures rounded to the nearest hundred thousand for projected assessed values and to the nearest thousand for property tax revenues. Numbers may not add up precisely due to rounding. a. Incremental assessed value represents the increase in property value added by new development, calculated by subtracting existing land value from total development value. Non-residential values include estimated value for personal property / tenant improvements ($100 per sq.ft. of office, $50 per sq.ft. of commercial/retail, and $30,000 per hotel room). b. Assumes mid-range development at $650 per sq.ft. value, unit size of 1,200 sq.ft., 25 units per acre, and land value of $5.5 million per acre based on "City of Cupertino, Residential Below Market Rate Housing Nexus Analysis" by Keyser Marston Associates, Inc. (April 2015). c. Affordable unit value is assumed to be $259,000 for very low income units and $287,000 for low income units in "City of Cupertino, Residential Below Market Rate Housing Nexus Analysis" by Keyser Marston Associates, Inc. (April 2015). d. Incremental assessed value calculated based on prototype #2 (commercial/retail), prototype #4 (office), prototype #6 (hotel) from "City of Cupertino, Non-Residential Jobs-Housing Nexus Analysis" by Keyser Marston Associates, Inc. (April 2015). e. This analysis does not reflect growth in assessed value at commercial/retail space at Vallco. Incremental assessed vallue would most likely increase under Adopted General Plan With 2015 Sand Hill Proposal due to redevelopment of the property and decrease under General Plan With Initiative Assuming Vallco With 2016 Occupancy due to reassessment. Source: City of Cupertino, Keyser Marston Associates, Inc, Seifel Consulting Inc. APP-194609 9212 Report - City of Cupertino March 2016 | Appendix 7 Appendix 7 Table 5 Net Increase in Annual Transient Occupancy Tax (TOT) Revenues In Constant FY 2015/16 Dollars City of Cupertino 9212 Report Without Initiative With Initiative Assumptiona Adopted General Plan Adopted General Plan With 2015 Sand Hill Proposal General Plan With Initiative Assuming Vallco As Viable Mall General Plan With Initiative Assuming Vallco With 2016 Occupancy Number of Rooms 313313313313 Occupancy Rate 80% Number of Occupied Rooms 250250250250 Estimated Room Charge $215 Estimated Annual Hotel Room Revenues $19,700,000$19,700,000$19,700,000$19,700,000 City's TOT Rate 12% Projected Annual TOT Revenues $2,360,000$2,360,000$2,360,000$2,360,000 a. Based on typical hotel occupancy and room rates in Cupertino based on TOT data. Projected TOT revenues assumes City receives 12% of taxable sales. Source: City of Cupertino, Seifel Consulting Inc. APP-195610 Page | 1 County of Santa Clara Office of the Sheriff West Valley Patrol Division 1601 S. De Anza Boulevard, Suite 148 Cupertino, California 95014 (408)868-6600 Rick Sung March 1, 2016 Captain Cupertino Citizen’s Sensible Growth Initiative The City of Cupertino contracts the Santa Clara County Sheriff’s Office for police services. To determine the Initiative’s impact on the need for services, calls for service and reported incidents at Vallco from 2013 to present were analyzed. Crime Data for Vallco Shopping Mall – 2013 to Present In any active shopping mall, theft crimes will comprise the majority of incidents, specifically shoplifting. Second to that, patrons leaving valuables in their vehicles while they shop will attract vehicle burglars, making these incidents of high frequency as well. In recent months, however, the number of thefts and shoplifting incidents decreased drastically, but the occupancy of the mall has decreased during this time as well. Moreover, two of the three large department stores closed during that time (see Figure 1). Macy’s closed in March of 2015 and Sears in October of 2015. JC Penney is set to close in March of 2016. Figure 1 0 20 40 60 80 100 120 140 160 180 2013 2014 2015-Feb 2016 Thefts Veh Burgs Appendix 8 APP-196611 Page | 2 Criminal Hot Spot and Dumping Ground Vandalism and Stolen/Recovered Vehicles Although the Mall is not completely vacant, Vallco has seen an uptick in vandalism incidents and the number of stolen vehicles and recovered stolen vehicles (see Figure 2). Deputies did not recover any stolen vehicles at Vallco in 2013, but recovered one in 2014 and six in 2015/2016. Those six were recovered after Macy’s and Sears closed. Figure 2 Found Property Also up within the last year is the number of found property reports at Vallco (see Figure 3). There were only two documented incidents of found property in 2013 and 2014, but in 2015/2016 there were six. In 2013, a weapon, or wooden baton, was found in a parking structure. In 2014, a suspect’s backpack was left at the scene of a vehicle burglary. In 2015/2016, the property found included wallets stolen from prior vehicle burglaries in other jurisdictions, important documents and credit cards as used in identity theft crimes, garbage and drug paraphernalia. Figure 3 0 2 4 6 8 10 12 14 16 18 20 2013 2014 2015-Feb 2016 Vandalism Drugs/Alcohol Stolen/Rec Vehs 0 1 2 3 4 5 6 7 2013 2014 2015-Feb 2016 Found Property APP-197612 Page | 3 Vallco’s Location The proximity to Interstate 280, from N. Wolfe Road, makes the location ideal for marking a quick tag or dumping a stolen vehicle, giving criminals a quick escape route and avenue of disassociation. But the concern then becomes that if the property becomes or remains abandoned, the location will be ideal for all types of criminal activity, e.g., a meet up spot for drug sales, a place to party, an encampment space for transients, etc. Abandoned Property and the Broken Windows Theory In criminology, there is a theory known as the “Broken Windows Theory.” The theory is that a building with broken windows attracts crime. Broken windows are “that one sign of abandonment or disorder and will encourage further disorder.”1 The theory, however, may relate to more than just broken windows. “Boarded doors, unkempt lawns, and broken windows can signal an unsupervised safe haven for criminal activity or a target for theft of, for example, copper and appliances.”2 Vallco is not completely vacant, but as the occupancy of the Mall decreased within the last year, there was an increase in the calls for service related to vandalism. There is concern that if Vallco Shopping Mall becomes an abandoned property altogether, the calls for service in this regard will increase. Cupertino’s Nuisance Abatement Ordinance, codified in Chapter 1.09 of its Municipal Code, permits the City to abate properties which have deteriorated to the point of becoming a “nuisance” as defined in Section 1.090.030. In addition, the City has other remedies such as civil action for abatement of a nuisance. Conclusion Abandoned properties attract and enable crime. The longer the property sits abandoned, the more it deteriorates, the more known and frequented by criminals it becomes, increasing crime. Conversely, if the mall is re-tenanted or if it is developed into a mix use center, similar to the trends identified above, it is anticipated with more activity and increased population, the need for police services will increase as the opportunity to commit crimes increases. 1 Kelling, George L. and Wilson, James Q., 1982. The Atlantic Monthly, “Broken Windows: The Police and Neighborhood Safety.” 249:3, 29-38. 2 Arnio, Ashley N., Baumer, Eric P., and Wolff, Kevin T., 2012. Social Science Research, “The Contemporary Foreclosure Crisis and US Crime Rates,” 41:6, 1599-1600. APP-198613 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE SUBMITTAL TO THE VOTERS OF A BALLOT MEASURE TO LIMIT REDEVELOPMENT OF THE VALLCO SHOPPING DISTRICT, LIMIT BUILDING HEIGHTS AND LOT COVERAGES THROUGHOUT THE CITY, AND ESTABLISH NEW SETBACKS AND BUILDING PLANES ON MAJOR THOROUGHFARES; AND REQUESTING THE ASSISTANCE OF THE COUNTY OF SANTA CLARA FOR CONSOLIDATION OF THE ELECTION AND TO RENDER SPECIFIED SERVICES TO THE CITY OF CUPERTINO RELATING TO THE CONDUCT OF THE ELECTION WHEREAS, on February 2, 2016, an initiative petition entitled “Initiative amending Cupertino's General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions” was filed in the Office of the City Clerk; the total number of signatures submitted was 4,204; the total number of signatures reviewed for verification by the Santa Clara County Registrar of Voters was 4,204 and the total number of signatures found sufficient was 3,759; and WHEREAS, the minimum number of 4,029 valid signatures required to call a special election was not met; and WHEREAS, the minimum number of 2,686 valid signatures required to call a regular election was met; and WHEREAS, on March 1, 2016, the City Council accepted the report of the City Clerk declaring sufficiency of the initiative petition and ordered a special meeting to be held by March 31, 2016 to receive the report on the effect of the proposed initiative pursuant to Election Code § 9212; and WHEREAS, on March 31, 2016, the City Council received the report on the effect of the proposed initiative; WHEREAS, the City Council has not voted to adopt the initiative; 614 Resolution No. 16- Page 2 WHEREAS, the City Council is authorized and directed by statute to submit the proposed initiative to the voters; and WHEREAS, November 8, 2016, is the date set by law for the election of Council members; and WHEREAS, the City Clerk is enjoined by law to take all steps necessary for the holding of said election; and WHEREAS, it is desirable that the November 8, 2016 General municipal election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Santa Clara canvass the return of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Cupertino on Tuesday, November 8, 2016, a General Municipal Election for the purpose of submitting the following proposed ordinance: Shall an initiative ordinance be adopted amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions? YES NO 615 Resolution No. 16- Page 3 SECTION 2. That the text of the ballot measure is attached to this resolution as Exhibit “A.” The text of the measure shall not be printed in the ballot materials, but copies of the measure shall be available from the City Clerk. SECTION 3. That the vote requirement for the measure to pass is a majority (50% +1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed, and directed to contract for the procurement and furnishing of any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. SECTION 7. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 8, 2016, for the purpose of submitting a ballot measure to the voters of Cupertino. SECTION 8. That the City of Cupertino requests the services of the Board of Supervisors of Santa Clara County and the Registrar of Voters to conduct said General Election and to consolidate such election. The Registrar of Voters is requested to provide all necessary election services and to canvass the returns of the General Municipal Election. The consolidated election will be held and conducted in the manner prescribed in § 10418 of the Elections Code. SECTION 9. That the City shall reimburse the County for services performed when the work is completed and upon representation to the City of a properly approved bill. 616 Resolution No. 16- Page 4 SECTION 10. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department of the County of Santa Clara, each a certified copy of this resolution. SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 12. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 31st day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________ _________________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 617 CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE A MEASURE AMENDING THE CUPERTINO GENERAL PLAN TO ENSURE BALANCED AND SENSIBLE GROWTH BY MAINTAINING CITYWIDE LIMITS ON THE INTENSITY OF NEW DEVELOPMENT, PRESERVING AND ENHANCING THE VALLCO SHOPPING DISTRICT FOR RETAIL, HOTEL , DINING AND ENTERTAINMENT COMMERCIAL USES ONLY AND REQUIRING A VOTE OF THE PEOPLE TO MODIFY THOSE LIMITS AND USES. THE PEOPLE OF THE CITY OF CUPERTINO DO ORDAIN AS FOLLOWS : PART I. TITLE This measure shall be called the CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE PART II. FINDINGS The people of Cupertino hereby find that: A The City of Cupertino needs binding standards to guide new development within the City. B . Cupertino's citizens wish to maintain control over the long-term direction of that development. C. The City needs to develop in a moderate and controlled way that provides the housing, shopping, jobs, infrastructure, and amenities that will serve the best interests of City residents while avoiding overdevelopment and its associated traffic and other impacts. D. The long-term direction provided by the City's General Plan must be implemented through its specific plans and zoning ordinance without being subject to change due to pressure from the profit-driven proponents of specific projects. E. The City must protect the development density and intensity standards set by the General Plan through limits on heights, setbacks and building planes to prevent distortion of the desirable characteristics of the City through the influence of developers and other outside interests . F . The availability of sufficient retail commercial space is essential to the wellbeing of the City, its current and future residents, and its workers . PART III. PURPOSE This initiative measure (the "Initiative") has three purposes . If approved by the voters of Cupertino and enacted, it will ( 1) control the intensity of new development by setting general citywide limits on building heights, setbacks, building planes and lot coverage in Cupertino that will provide long-term direction, (2) preserve and enhance the Vallco Shopping District for 1 618 retail, hotel, dining and entertainment commercial uses and (3) require that changes or exceptions to those limits and uses be presented to and approved by the voters of Cupertino. Under this Initiative, the General Plan (Community Vision 2015-2040)-hereinafter referred to as "General Plan," specific plans and conceptual plans , and zoning ordinance would be enforced and not amended on an ad hoc basis to suit individual development projects. The standards in this Initiative are intended to strengthen these plans to protect Cupertino's vibrant mixed use atmosphere, schools, and streetscapes, to limit traffic and congestion, and to promote public safety. PART IV. GENERAL PLAN AMENDMENT The General Plan is hereby amended by enacting or reenacting segments of that general plan as follows: Note: All numbering of sections, policies, strategies, tables, and figures herein follows that of the General Plan as amended on October 20, 2015. Following the adoption of the Initiative, the General Plan's sections, policies, strategies, tables, and figures, and all internal references thereto, shall be renumbered in a logical order, and tables and figures shall be modified to conform to the Initiative's changes to the General Plan's text, as specified herein. Section 1. Chapter 1 -Introduction a. The last paragraph of the Section entitled "Purpose of Community Vision 2040" as of October 20, 2015, is amended as follows: Due to the breadth of topics covered in Community Vision 2040, conflicts between mutually- desirable goals are inevitable. For instance, increased automobile mobility may conflict with a safe, walkable community. This document reconciles these conflicts in the interest of building a cohesive community by placing a priority upon maintaining the well-being of Cupertino residents. Per State law, every goal and policy in this plan has equal weight. The City recognizes that the interests of residents of a particular street or neighborhood may need to be balanced ·.vith the overall needs and potentially greater goal of building a community. These are Harmonization of possible conflicts between goals and policies in this plan shall be guided by an understanding that the General Plan reflects conscious choices that the City makes in the interest of building community and protecting its residents . That harmonization shall also recognize that changes made through this Initiative are intended to modify and supersede any section, policy, strategy, table, or diagram that might otherwise conflict with the amendments being made by this Initiative, and the General Plan shall be conformed accordingly. b. A new paragraph is added to the Section entitled "Purpose of Community Vision 2040" as of October 20, 2015 as follows: Portions of the General Plan were enacted or reenacted in 2016 by a voter initiative. A copy of that initiative shall be appended to the General Plan as an appendix unless or until that 2 619 requirement is changed or rescinded by the voters. It is the intent of the voters of Cupertino that, in interpreting and harmonizing the provisions of the General Plan, priority be given to ensuring that the provisions enacted or reenacted by the 2016 voter initiative be followed and implemented to the fullest extent possible. Section 2. Chapter 2-Planning Areas a. The Section "Vision" for the Valko Shopping District Special Area is amended as follows: The Vallco Shopping District will continue to function as a major regional and community destination. The City envisions this area as a new mixed use "tovm center" and gateway for Cupertino providing a unique and memorable shopping, dining and entertainment experience with appropriate bicycle and pedestrian-friendly access. It Vfill include an interconnected street grid network of bicycle and pedestrian friendly streets, mMore pedestrian-oriented buildings with active uses may line lining Stevens Creek Boulevard and Wolfe Road,--and with publicly- accessible parks and plazas that support the pedestrian-oriented feel of the revitalized area. New development in the Vallco Shopping District should must be required to provide buffers between to protect adjacent single-family neighborhoods in the form of boundary walls , setbacks, landscaping or building transitions. Section 3. Chapter 3 -Land Use and Community Design Element a. The Section "Context" is amended as follows: The first paragraph of the subsection "Economic Vitality" is amended as follows: Cupertino is fortunate in its location in the heart of Silicon Valley . Despite its mostly suburban characteristics to the west and south, the city is home to a number of small , medium and large software, technology and biomedical companies. The General Plan includes more office gro'.vth recognizes the need to retain balanced growth to support &-strong fiscal revenues and a stable tax base. In particular, policies focus on retaining and increasing the number of small, medium and major businesses in key sectors and provide flexible space for innovative startups that need non- traditional office environment. Policies for commercial areas seek to revitalize the Vallco Shopping District, and enhance commercial centers and neighborhood centers, which contribute to the City's tax base and serve community needs. Table LU-1: "CITYWIDE DEVELOPMENT ALLOCATION BETWEEN 2014-2040" is amended by the additions and strikeouts shown below. 3 620 TABLE LU-1 Cl IDE DEVELOPMENT ALLOCATION BETWEEN 2014-2040 CommQrcial (s.f .) Offic:o (s.f .) HotGI (rooms) R-1dantlal (units) Cor«int Buildout Availabkl CurrGnt Buildout AvaoUJiblq Curront Buildout Avaii..bkt Current B011dout I AY11ilabkl Built Built Built Suitt ~-,o,.·-. .. IPoo< HI, :l01.t! Ile< , .. 101 .. !Doc tll.JO« 1-1.t.ert of t hC> 1 ,8 98* 552· 1 ,151 .730 2,145.000 791.270 2 .44 7 .500 2 .464.613 17.1t3 4G4 526 122 l .336 ~ ~ C~y Vallco Shoppng 1 ,207.774 1 .207.774 ?.eee.eee 2 .QQQ .QQQ 148 139 191 l99-399- Oistr-ic:t""·" Hom.ste..d 291 .408 291,408 69.550 69,SSO 126 126 600 750 150 N 0.Anz• 56.708 56,708 2 ,061 .021 2 .081 .021 123 123 4 9 146 <Tl 1.304" 7 5 0 · ~ N .Valko 133.147 113.14 7 3 .069.676 3 .069.676 3 1 5 315 554 ~ -"'10- S . 0.Anz.a 352.283 352.283 tJ0,708 130.708 6 6 Bubb 444,753 444,753 Mom.•Vina . ._ 94.051 99.698 S,647 443 .140 4 56.735 13.595 828 878 so 0th...-1 44,964 1 44.9 64 119.896 1 19 .896 18.039 18,166 127 M ajor 109.935 633,053 523.118 &npk>yen 9 .47 0 .0 05· 553 .8 26 23, 14 8 * 1 ,7 36* Cityw.<U. 3 .632.065 4 ,4 30.982 798.9t7 8 ,9 16 . t79 H .479.8 90 -"'.fl&~.Q;t b 1.116 1,4 29 3 13 21.412 ~ -+;eer- • -numbers indicated by a single asteris k may be changed t h ro ugh the normal g ener al plan amendmen t p rocess. -Q i!i lfi t 111t h ~11 Qi4iiti• e _ _. R -1 lli• ·a; -tt ,· . a· •fl I! ~'9H 11!1 ;;s ,. . t"'\L.._........._:_......_ ~-~~·--~---~-~ ga ~, .. a.1· !liiil•fl•••'·'·•a..· ... -~ .. ,111.,tJ ··,;ag:;a 'lii'fi''-.. .. J;i11i! ·• 1111 -1 f 'iM5 Q •• ._.: tli'i Offi-i;.& :inQ Rii!ti diFS:ilt mfl'W';&litn5 1 g r "-"';g s;nrp -p i-r g o •nric aiiliiliiti ' I . i •.. -Ad Iii" lit' Iii. iliiaiA . &a.ii~., Dliiitil it;.iiiipf i ;i Cu '°' 621 The subsection "Site and Building Design" is amended as follows: Policy LU-3.0: Community Form The maximum heights and densities for the special areas shown in the Community Form Diagram (Figure LU-1) shall not be exceeded. Outside of the Special Areas shown in Figure LU- I, building heights may not exceed 45 feet. Building height shall be measured to the highest point of the building, excluding light poles, antennae, minor mechanical boxes or roof vent protrusions which are not easily visible. A below-grade structure is not counted towards building height. For any project of over 50,000 sg. ft. of building area, maximum lot coverage shall not exceed 70%. No provision allowing additional height or density, modifying maximum lot coverage, building plane, or minimum setback to relax the standards set in this General Plan, other than those mandated by state law, shall be allowed: Figure LU-1 "Community Form Diagram" and the Land Use Map (shown below in their current form) shall be conformed to the requirements set by Policy LU-3.0, Policy LU-3.2, Policy LU-19.2 and the density changes identified in Footnotes (a) through (c) in the new Table HE 5.5 [previously Appendix B Table 5.5] as shown in Section 3 of this Part IV. 5 622 O'I F 1gurE LU -1 COMMOWTY FORM DIAGRAM I Ma,.;if!Wm Ruidom~f t>onsity Up to 35 uo;ts pe• ..er• ptt1 0~1 •! P!;Jn ~nd Use Mop 15 ut"!lts per acH fs0t11hfost comer of Homnr~itd Ro3d ;,n<} Blaney A~nueJ I Maximum Height ~· 30 f&e l,or 4Sfeel /IN!t<...,,~....,a,......_~"~ ):_ I' Stelling Gateway West of Stelling Rd M~Rittid'9"t~o.n.i\'y . -. --··· ~ ....... , .... r l ·., • ~ .. -~... • ' "-!. .. ' I I ~-·-·-/. .._, I ' ' ...:;;::.- •---.. ' ' -_J ' ---. , --.-.., ' ' I IS"°''lp.i"a.(:•Cltovl ....... \t tON*ot Momo~IHd~S\itlttntJR~I ]S...,..."ptll IKflr~<>.\ea<i...,1 of l-2'0 ~..dSt"""'9 Road! M•~H-'9itt ))f .. 1 E.ut cf St~J,ing Rd Mu lfftum ~UdeM.bf Oeftlity l$untti ~.IO'f ~AftnumM<r;,ht 451.-t North De Anza Gateway ~R"~~O-.tity '• :··. ! ~ ::o·-· "' ·-' l ~I "-· ·····-\; <·· .. · .:::::..-::---__ . . <·' --~-~. ·. ·--~-_,-·~--~~ --· 1'ffft-~ :;-"-·--·.. ~..!:.:i!i"'-"'"· ---. ' Ma-.imum fO'Htdential Density 25 u nits per Kte Mi.udrnum Heig ht 60feet M.uJl'l'\Vrn i;.,.icMt'lt ial Oen!ity 1Sor3!>~ ... v-..iur11tspe1 •ere MolliiYWm Height 45 feat. o• Y.l feet whero de-s19na.ted by hatched lin(! Mui""'m RHidentlal De nsity 2S u,.,1lS per ~to Maidmurn Height 4Sfeet Mu.lmum Residential De nsity ~5 _....,~orS-t S M~.,.,.,1sivnitsp~l)cre M•lllimum kol9ht lOffft M11:1'.imurn R..isictontlill Otwsity It; tC· ".' <,1'! ~~ ""' ":'!(' Vl>' '~.('>";Cl..,, P!,J-·• .,.ro l J~'-1.tai;, \.tt1'(i...,Uml-~h\ ~)i •. ~) i(~' MP.irnum FUsid onti.al Density 2Qyni~ pet Kff: Ma.-:imum h1l9ht '5fceet Wo1of"'1i>ff'•ltd ...• M.f~ llftde<'lto.l~lt)I )'jU"l.1'C..~~ M1:ol'M.lft'IH•'fh\ ~""' SPK<';c P~, .. -~ Ent of Wolfe Rd Muimumo A:es$d.-MiM 0.-.~ 35..,,..,t'IP4' llCl'e Mu.ifnum,Ho09ht P..-Sp.K>hePL." ~l~-Hc~ f--rl__ J / I I ----... ------·· • I ! \.1 ·-· I I I 1 \ f ~----. ' , ... .,, . I \ 251.1.,,;uper .M:'.1.,.. Mt .-iftl>Vnt H.oght 45fect .GP ~ ·~.. r·~ ··-::\~ · ...... ·. . ' ! \*~:----..,;,.--· ~-~---------- • I I Neighborhoods • I I ....... I ·-----· tdaxinlun'IR.cidofi\i..l0..11o1lt.y ' I I I I I I I I . I I AiinQl(1ted in the Gal\<!ral Ptin la.ndUu llo'4p, 15 \llllls 11'!1 ~ fQt" Ne•yhborl1Qod Co~tuil Srio M~mH~\ ,.,_ ,.---------· I South Vallco Park MDm-flffoo.ntiM GIMify ,>-..£~ l~:;, \ ,sf"t,OfOO'••twit.,,.,..., ~l --, ' l ..-_..,;i'\...; ....... , t---f ( Le g end Special An~olS C::J Homestead c:::J North VaUc:o P arlc. C::J Heart of the-City c:::J North De Anza South De Anza c:::J Manta Vi$til Village ~Bubb Road C::J Valko Shopping D istrict Neighborhoods ,. ' ' I ) ) v M1ll:,idc Tr;:ins it 1on Urb an Service AJe3 Sphere of Influence Utban T1;in!:tt 1on City Boundary Boulevards {Arterials) Avenues {Maio r Collectots) A11enuos (Minor Collc-cto1s) C Key lnter!:ec:tions * Neighborhood Ce!ntets eui&dlngf'I~ ·M~"'Uinll'lcl~"fbci•Jd,ngbulk~tl·IJ!Olkhtwd>•VW1ff'O'l'l~"1rti.iJ.lbotk¥¥dC\lfbi,,.,t'O'lilNt'r.-oo~tfor 1~C1ewu·o•d•·\l .. .t • 110' !"9C•ou•Hek HU. u:e ~C•OUl~d• $UQlll~ fl'i¥< . • Far p(Oje.ch ..Ji-1 10 ,.....;...1,..1 .,.,.$; H.11"'" •net .Ml'tbtd.• .OjK""I 10 M•td•"u,.J Men w.tr b., do-r.-. ..... ·..d d"'"'9 p<O,«! ,....,_ • for,,,. NC.lfllt Mid Sol;!h Y"''<f) l'il<I• MHJ f(llC"irpl f4i1 LIM: ~ko ~ t)bb~f ~/ll'ff}· ,,,_taY'< l h..i P'""•''Yb.,.;!~ b..u: t..ejo.., .. , S ·I r• 0' 's f<H11 ofutbK~ l<N-•y I /i>Ofolbut~~!J~~'*•MI lro.rittieS1n·emC1ftl~ 6/vd . .-wiHomit"!te.ttdJto.itdcU1b fine1'Nldbtf(lw 11 sio.,.. i;.,., dr• ...... '""'"Wolf• fltOMJ-U r...,1..., ..,,,,.._ c"'b """"· R-folop ~.I Eqvip-"" llooitoft me~.ol-'P"'.,.I .11\d ut."1-y •I"'°"••• ~y••.:-d.iipu4r.O~rwn.t.>foons ,ftlwy ~ .:ltft11 .. JriocMird011lh.iiroofM!d11etVt1.&l'•frO"'~.,.,ltV .. !f Priori!) H..,t.lrig S•t• .. : No1.wcrn.1..,~ 1t-i.,.•¥its./Jf1d lknf't•ff "'-aeo .. : rile>~ he'9h~-10.Mll•nf01 P'fl(ll"<fy~ Sir.. _J. odetoiMd.-. '"• <tdaptt:d ~"9 ff<r.....,111 W.'I t.. ,,, •e r.~1 .. d .... 1h., ,..........., f.,_,.,or..i 623 ------:..:.:_.· 7 r--7 I I J "------· j ' l l-~'-=----..1. 624 In order to assure the retention and enforcement of City guidelines not currently included in the General Plan, the following policies are amended as shown Policy LU-3.2: Building Heights1 ftBd Setback Ratios, Stepbacks and Building Planes : Maximum heights and setback ratios are specified in the Community Form Diagram (Figure LU- I) and as described below. 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. Policy LU-3.2.1: Additional Floor Area. In any area where an increase in the maximum building height is granted in exchange for ground floor retail, no more than 1 square foot of additional floor area above the otherwise-applicable height limit may be allowed for every 1 square foot of ground floor retail. In any such exchange, all ground floor retail must be fully accessible to the public during operating hours . Policy LU-3.2.2: Rooftop Height Extensions. Rooftop mechanical equipment and utility structures other than cell phone transmission antennae, but no other structures or building features , may exceed stipulated height limitations shown in Figure LU-1 if they are enclosed, centrally located on the roof and not visible from adjacent streets. Policy LU-3.2.3: North De Anza Boulevard. For the area from I-280 south to Alves Drive on the west and from I-280 south to St. Joseph 's Church on the east, not including St. Joseph 's Church: • For all new construction, there shall be landscaped setback areas extending a minimum of 50-ft. from curb line. Alternatively, the landscaped setback areas adjacent to North De Anza Blvd. may have a varied depth but a minimum square footage equal to the lot frontage distance multiplied by 50 ft., and a minimum setback distance at any point of 35 ft . from curb line . Policy LU-3.2.4: Stevens Creek Boulevard • The minimum setback on both sides of Stevens Creek Boulevard from CA-85 to the eastern boundary of the City of Cupertino is no less than 3 5 feet from the curb line . • On both sides of Stevens Creek Boulevard from CA-85 to Perimeter Road buildings shall be below a 1: 1 (i .e . 1 foot of stepback for every 1 foot of building height drawn from the curb line) slope line drawn from the Stevens Creek Boulevard curb line . • On the north side of Stevens Creek Boulevard from Perimeter Road to the eastern boundary of the City of Cupertino buildings shall be below a 1.5 :1 (i .e. 1.5 feet of stepback for every 1 foot of building height drawn from the curb line) slope line drawn from the Stevens Creek Boulevard curb line. • On the south side of Stevens Creek Boulevard from Perimeter Road to the eastern boundary of the City of Cupertino buildings shall be below a 1: 1 slope line drawn from the Stevens Creek Boulevard curb line . 8 625 Policy LU-3.2.5: Homestead Road in the North Valko Park Area On Homestead Road from Linnet Lane (west of Wolfe Road) to Swallow Drive (east of Wolfe Road) buildings shall be below a 1. 5 : 1 slope line drawn from the Homestead Road curb line. Policy LU-3.2.6: Building Planes on Arterial/Boulevard Streets. Unless specified in other LU-3.2 policies, all other arterial/boulevard streets buildings shall be below a 1: 1 (i .e . 1 foot of stepback for every 1 foot of building height drawn from the curb line) slope line drawn from the curb line or lines. The Subsection "City Center Subarea" is amended as follows: Strategy LU-16.1.3: Building form. The form ofB.Quildings should, through the use of step- downs and setbacks, be designed be moderately scaled to transition from existing taller buildings (new or existing) to the scale of the surrounding area. Taller buildings should provide appropriate transitions to fit into the surrounding area. The subsection "Vallco Shopping District Special Area" is amended as follows: Valko Shopping District Special Area The City envisions encourages the renovation and improvement of the existing Cupertino 's Valko Fashion Shopping Mall while maintaining its important role as a retail shopping center serving Cupertino 's residents and regional visitors. a complete redevelopment of the existing Vallee Fashion Mall into a vibrant mixed use "tovm center" that is a focal point for regional visitors and the community. This new As renovated, the Vallco Shopping District will become a destination for shopping, dining and entertainment in the Santa Clara Valley . GOAL LU-19 CREATE A DISTINCT AND l\4Etv10RABLE l\4IXED USE "TO'.VN CENTER" THAT IS PRESERVE AND ENHANCE THE V ALLCO SHOPPING DISTRICT AS A LOCAL AND REGIONAL RETAIL, HOTEL, DINING AND ENTERTAINMENT COMMERCIAL DESTINATION AND A FOCAL POINT FOR THE COMMUNITY Policy LU-19.1: Specific Plan Create a Vallco Shopping District Specific Plan prior to any development or other significant changes in use on the site that lays out the land uses, design standards and guidelines, and infrastructure improvements required. The Specific Plan will be based on the following strategies: Strategy LU 19.1.1: l\faster De,'eloper. Redevelopment will require a master developer in order remove the obstacles to the development of a cohesive district ·.vith the highest levels of urban design. 9 626 Strategy LU-19.1.2: Parcel assembly. Parcel assembly and a plan for complete redevelopment of the site is required prior to adding residential and office uses. Parcelization is highly discouraged in order to preserve the site for redevelopment in the future . Strategy LU 19.1.J: Complete Redevelapment. The "tovm 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. Strategy LU-19.1.4: Land use. The following uses are allowed on the site (see Figure LU 1 for residential densities and criteria): 1. Retail : High-performing retail, restaurant and entertainment uses . Maintain a minimum of 600,000 1,200,000 square feet ofretail/dining/entertainment that provide a good source of sales tax for the City and provides high quality convenient shopping for residents of the city and surrounding areas . Entertainment uses may be included but shall consist of no more than 30 percent of retail uses . 2. Hotel: Encourage a business class hotel with conference center and active uses including main entrances, lobbies, retail and restaurants on the ground floor. 3. Residential: Allow residential on upper floors with retail and active uses on the ground floor. Encourage a mix of units for young professionals, couples and/or active seniors vmo like to li•;e in an active "tovm center" environment. 4. Office : Encourage high quality office space arranged in a pedestrian oriented street grid with active uses on the ground floor, publicly accessible streets and plazas/green space . Strategy LU 19.1.5: "Tawn Center" layaut. Create streets and blocks laid out using "transect planning" (appropriate street and building types for each area), 'tvhich includes a discernible center and edges, public space at center, high quality public realm, and land uses appropriate to the street and building typology . Strategy LU-19.1.6: Connectivity. Provide a newly configured complete street grid hierarchy of streets, boulevards and alleys that is Any changes to the existing circulation pattern as part of a development or revision should be 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 Any such development or revision 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. Strategy LU-19.1.8: Open space. Ground-level Gopen space areas in the form ofa central town square on thew-est and east sides of the district interspersed with plazas and "greens" should be included that create community gathering spaces, locations for public art, and event space for community events:- 10 627 Policy LU-19.2: The Vallco Shopping District shall continue to be devoted to retail, hotel, dining and entertainment commercial use. No residential or office use shall be allowed. Building heights shall be restricted to a maximum of 45 feet. Figure LU-1 and the Land Use Map shall be conformed to this policy. The subsection "North Valko Park Special Area" is amended as follows: Policy LU-20.3: Building Form. Buildings in the retail and hotel area should provide active, pedestrian-oriented uses along the street. Buildings should shall transition to fit the scale of the surrounding area. Taller buildings should shall 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. Section 4. Chapter 4 -Housing Element a. The Section "Housing Resources" is amended as follows: The subsection "Overview of Available Sites for Housing" is amended in its second and third paragraphs as follows: Figure HE-1 indicates the available residential development opportunity sites to meet and exceed the identified regional housing need pursuant to the RHNA. The opportunity sites can accommodate infill development of up to l,400--1,3 86 residential units on properties zoned for densities of 20 dwelling units to the acre or more. The potential sites inventory is organized by geographic area and in particular, by mixed use corridors. The sites identified to meet the near term development potential are shown in Table HE-5. As shovm in Table HE 5, sites identified to meet the near term development potential lie v1ithin the North Vallco Park Special Area, the Heart of the City Special Area, and the Vall co Shopping District Special Area. One particular site will involve substantial coordination for redevelopment (Because redevelopment of the Vallco Shopping District, Site A2h cannot involve additional housing units, Due to the magnitude of the project, the City has established a contingency plan to meet the RHNA if a Specific Plan is not approved ·.vithin three years of Housing Element adoption. This contingency plan (called the City must follow its contingency plan to meet the RHNA, known as Scenario Band (discussed further in General Plan Appendix B),. Scenario B wettltl involve§ the City removing Vallco Shopping District from its inventory of available sites for housing, adding other mere priority sites to the inventory, and also increasing the density/allowable units on some of the other priority sites. Figure HE-1: Priority Housing Element Sites: Scenario A is deleted in its entirety and replaced by Figure B-8 from Appendix B, page B-148, which shall be relabeled as Figure HE-1: Priority Housing Element Sites -Scenario B. Both the current Figure HE-1 and Figure B-8 are provided below. 11 628 Figure HE-1 Priority Housing Element Sites: Scenario A App li cab le if Vallee Specific Plan is adopted by May 31 , 2018 If Vaflco Specific Plan is not adopted by May 31, 2018, the designated Priority Housing Element Sites will be as shown in General Plan Appendix B, Section 5.5: Residential Sites Inventory -Scenario B. City Boundary i'?'. 2 Housing Elements Si tes Urban Service Area Boundary c:::J VTA Priority Sp here of Influence Development Area Boundary Agreement Line Unincorporated Areas o.s !Mile """"""'=="""'"""'"""'"' 1000 2000 3000 Feet ==='°.,"=="'1000 MCtNS 12 (PDA) !sit.Ii J SiteNumber:Re.alistic ! Ullll$ .____ Capacity. Nol e:RuliJtk c~p.i ci!y l l9~ff.llly8S 'llt ol ,.,.,....;mumo ca µl!Ol~.ilo.,.'fd Special Areas r::::J Heart of the City r::::J North Vallee Park c:::J Vallco Shopping District 629 Figure B-8 Pr ioirity Housing Element Sites -Scenario B Applica ble if Vallco Spe cific Plan is not adopted by May 31, 2018 , I I I I ,_ ·, I I I I \.. I I \ ,-, ....... , ; ' I I ' ( --. I I _, - Legend r ~, I I -, l I ' ,.J ,1 ' ' ~··1 I I I I I I I -· -..... _ -·-f -· . J City Boundary Urban Serv ice Area Boundary Sp here of Infl uence Boundary Agreement Line ·? Un incorporat ed A reas O..S 1 M1lf' 1000 JOOO fl•e1 ;;;;µ t .b' ... SOO 10001.!tltn = ' I I 1 Sonia Cio 'O I Heart of the City: 504 Units Housing Elements Si!es VTA Priority Development Area (PDA) 1 S1tr ; Site Nu mber: Reali stic utu~~--.J Capacity. frjo1• A.01.1Lt <•iu<.r, .. .,. ...... u,.11 .. .,, ,..~ .......... UPM>~ Special Areas/Neighborhoods C::J Hea r t of th e C it y (=::J North Vallco Park Homestead Table HE-5: "SUMMARY OF PRIORITY HOUSING ELEMENT SITES TO MEET THE RHNA -SCENARIO A" is deleted in its entirety and replaced by Table 5.5 from Appendix B, page B-153, which shall be relabeled as Table HE-5: SUMMARY OF PRIORITY HOUSING SITES -SCENARIO B. Both the current Table HE-5 and the replacement Table 5.5 are provided below: 13 630 TABLE HE-5: SUMMARY OF PRIORITY HOUSING ELEMENT SITES TO MEET THE RHNA -SCENARIO A ' Site Site A 1 (The Hamptons) Site A2 (Va llco Shopping District) Site A3 (The Oaks Shopping Center) Site A4 (Marina Plaz a) Site AS (Ba r ry Swenson ) Adopted General Plan/ Adopted Zoning High Density P(Res ) RS /O/R P(Regional Shopping) & P{CG) C/R P(CG, Res) C/O/R P(CG, Res ) C/O /R P(CG , Res) •• _· • • North Vallco Park 85 Valko Shopp ing 35 D istrict Heart of t he City 30 Heart of t he City 35 Heart of the City 25 Max Height 75 ft; or 60 ft in certain lo cations*; height to be determined in Vallco Shoppi ng District Spe ci fic Pla n 45 ft 45 ft 45 ft Total • . 600 net 389 200 200 11 1,40oj Notes: Zoning for Si te A2 (Val/co) will be determined by Specific Plan to allow residential uses. Site A 1 (Hamptons) height limit of 60 feet is applicable for buildings located within 50 feet of property lines abutting Wolfe Rd, Prune ridge Ave. & Apple Campus 2 site. Site A2 (I/al/co) height will be determined by Specific Plan. For more detail on height limits, see Land Use and Community Design Element, Figure LU-1 . Site B1 (Ha mptons) North Vallco Park High De nsity 12.44 750 Ve ry Low/ P{Res) Low Site B2 (T he Oa ks Heart of t he City C/R 35 (b) 7.9 23 5 Very Low/ Shoppi ng Cen ter) P(C G, Res) Low Site B3 {Marina Plaza) Heart of the C ity C/O/R 35 6.86 200 Very Low/ P(CG , Res) Low Site B4 (Barry He art of t he City C/0 /R 25 0.5 5 11 Very Low/ Swen son ) P{CG, Res) Low Site BS (Glenbrook Heart of t he City Medium De nsity 20 3 1.3 58 Very Low / Apartments) R3 (10-20) Lo w Site B6 (H omest ead Homest ead C/R (c) 3 5 (c) 5 .1 132 Very Low/ Lanes an d Adjace ncy) P(CG , Res) {c) Lo w Total 64.24 1,386 Notes: (a) A General Plan Amendement and zoning change w ill be ncessary to allow the increase in density from 85 to 99 un its per acre on Site 81. (b) A Genera l Plan Amendment and zoning change w ill be necessary to allow the increase in density from 30 to 35 units per acre on Site 82. (c} A General Plan Amendment and zoning change w il I be necessary to allow residentia l uses at 35 units per acre on Site 86. Existing zoning for Site 86 is P(Rec, Enter). (d) Realistic capacity reduces the max i mum developable units by 15 percent on Sites 8 1, 82, 83, B4, and 8 6. Realistic capacity of Site BS is (d) reduced by 46 percent due to existing site constraints. (e) Identified capacity of sites that allow development densit ies of at least 20 units per acre are credited toward the lower-i ncome RH N A based on State law. Pursuant to Government Code Section 65583 .2(c)(3)(8), local governments may utilize "defau lt" density standards to provide evidence that "af>propriate zon ing" is in place to support the deve lopment of housing for very-low and low-income liouseholds . The default density standard for Cupertino and other suburban Jurisdictions in Santa Clara County is 20 dwelling units per acre (DUA) or more. (f) Real istic capacity for sites B 1 and BS represent net new units. 14 631 b. The Section "Housing Plan" is amended as follows: The subsection "Implementing Strategies" is amended as follows: The fifth bullet point under Strategy 1: Land Use Policy and Zoning Provisions is amended as follows: • Priority Housing Sites : As part of the Housing Element update, the City has identified fi.ve-priority sites under Scenario-A B-(see Table HE-5) for residential development over the next eight years . The General Plan and zoning designations will allow the densities for this development. shovm in Table HE 5 for all sites except the Vallee Shopping District site (Site A2). The redevelopment of Vallee Shopping District \vill involve significant planning and community input. /•£ specific plan will be required to implement a comprehensive strategy for a retail/office/residential mixed use development. The project applicant would be required to \Vork closely vfith the community and the City to bring forth a specific plan that meets the community's needs, with the anticipated adoption and rezoning to occur within three years of the adoption of the 2014 2022 Housing Element (by May 31 , 2018). The specific plan would permit 3 89 units by right at a minimum density of20 units per acre . If the specific plan and rezoning are not adopted within three years of Housing Element adoption (by May 31 , 2018), the City will schedule hearings consistent with Government Code Section 65863 to consider removing Vallee as a priority housing site under Scenario A , to be replaced by sites identified in Scenario B (see detailed discussion and sites listing of "Scenario B" in Appendix B Housing Element Technical Appendix). As part of the adoption of Scenario B, the City intends to add two additional sites to the inventory: Glenbrook Apartments and Homestead Lanes, along ·.vith increased number of permitted units on The Hamptons and The Oaks sites . All sites in Scenario B, except the Homestead Lanes, have Aapplicable zoning is in place"' for Glenbrook Apartments; hov;ever the The Homestead Lanes site will weuld need to be rezoned at that time to permit residential uses. Any rezoning required will allow residential uses by right at a minimum density of 20 units per acre. Delete the following table: 15 632 Cupertino Department of Responsible Agencies: Community Development/ Planning Division Ongoi ng; Adopt Specific Plan and rezon i ng for Vallco by May 3 1, Time Frame: 2018; otherwise, conduct public hearings to consider adoption of "Scenario B" of sites strategy. Funding Sources: None required 1,064 units (178 extremely !ow-, 178 very !ow-, 207 low-, Quantified Objectives: 231 moderate-and 270 above moderate-income units) Part V: EXEMPTIONS FOR CERTAIN PROJECTS This Initiative shall not apply to any development project which has obtained as of the effective date of this Initiative a vested right pursuant to State law. Part VI: EFFECTIVE DATE, PRIORITY, AND CONSISTENCY This Initiative shall become effective immediately upon the certification of the election results. Within six (6) months of the effective date of this measure, all provisions of the municipal code, ordinances, including zoning ordinances, resolutions, administrative policies, general plans, specific plans, conceptual plans or any other plan of the City shall be revised and amended to make them conform with the provisions of this Initiative. Until such time as the above referenced ordinances and plans have been so revised and amended, the provisions of this Initiative shall prevail over any conflicting provisions. Part VII: SEVERABILITY The people of Cupertino hereby declare that they intend to enact each and every provision of this Initiative regardless of the presence or absence of any other provision, and to that extent all of the provisions of this Initiative are to be considered severable. In the event a final judgment of a court of competent jurisdiction detennines that any provision, section, subsection, sentences, clause, or phrase or application of this Initiative measure is found to be invalid or unenforceable for any reason, the invalid or unenforceable portion shall be severed from this measure, and the remaining portions of this measure shall remain in full force. Part VITI: AMENDMENT OR REPEAL Except as otherwise indicated herein, this Initiative may be amended or repealed only by the voters at a City election. 16 633 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO PROVIDING FOR WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Cupertino, California, on November 8, 2016, at which there will be submitted to the voters the following measure: Shall an initiative ordinance be adopted amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights and lot coverages in areas throughout the City, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions? Y E S N O NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the primary arguments for and against this ballot measure shall be submitted to the City Clerk by 5:00 p.m. on August 2, 2016, and shall not exceed 300 words. SECTION 2. That pursuant to separate resolution, the City Council has provided for the filing of rebuttal arguments concerning this measure. Rebuttal arguments shall be submitted to the City Clerk by 5:00 p.m. on August 12, 2016, and shall not exceed 250 words. SECTION 3. That all arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be provided by the City Clerk. 634 Resolution No. 16- Page 2 SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the city attorney to prepare an impartial analysis of the measure, not exceeding 500 words, showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by August 12, 2016. NOTE: This following section is optional. Pursuant to Elections Code section 9282(a) and 9287(b), the City Council has the option to authorize some or all of its members to submit an argument against the measure. The City Council can authorize some, all, or none of its members to submit an argument against the measure: Options: (1) omit this section; OR (2) SECTION 5. That the City Council authorizes: Name, Title Name, Title Name, Title Name, Title Name, Title members of this body to file a written argument not exceeding 300 words against the measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by this Resolution after which no arguments for or against the City measure may be submitted to the City Clerk. OR (3) SECTION 5. That the City Council authorizes ALL members of the City Council to file a written argument against the measure not exceeding 300 words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by this Resolution after which no arguments 635 Resolution No. 16- Page 3 for or against the City measure may be submitted to the City Clerk. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 31st day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ____________________________ ______________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 636 RESOLUTION NO. 16- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, by the deadline established by the City Council. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be provided by the City Clerk. 637 Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 31st day of March, 2016, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ____________________________ ______________________________ Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino 638 OFFICE OF THE CITY ATTORNEY CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3403 www.cupertino.org TO: Honorable Mayor and Members of the City Council FROM: Randolph Stevenson Hom, City Attorney SUBJECT: Options for Placing Initiatives on a Ballot DATE: March 31, 2016 City Council Meeting ______________________________________________________________________ On March 31, 2016, Council will consider whether to adopt the Cupertino Citizens for Sensible Growth Initiative (Initiative) or to put it on the ballot. This Memorandum discussed the City Council’s legal options when placing an initiative on a ballot. I. Background At its meeting on January 19, 2016, City Council directed staff to prepare a Report on the effects of the Initiative pursuant to Elections Code section 9212 (“9212 Report”). The 9212 Report is complete and will be presented to Council at the March 31, 2016 meeting. The presentation of the 9212 Report triggers Council’s obligations to either adopt the Initiative or place it on the ballot; and, if Council places it on the ballot, to authorize what types of arguments and analysis should be provided. II. Discussion The Elections Code provides that that the 9212 Report must be “presented to” the City Council within thirty (30) days after the City Clerk’s certification that an initiative has qualified for the ballot. At that point in time, the City Council must “either adopt the ordinance within 10 days or order an election” to place the measure on the ballot. Elections Code § 9215(c); see Elections Code § 9212(b). City Council does not need to take any formal action with respect to 9212 Report. The resolution prepared by staff to place the Initiative on the ballot recites that the City Council has received the Report. A proposed resolution to place the Initiative on the 639 ballot for the November 8, 2016, election, and to request consolidation of that election with the Statewide General Election held by Santa Clara County is attached to the staff report as Attachment B. If the City Council determines to place the Initiative on the ballot, the Council may also consider the following three issues: (1) whether to direct the City Attorney to prepare an impartial analysis; (2) whether to authorize the preparation of an argument against the Initiative; and (3) whether to authorize rebuttal arguments. For an impartial analysis, the City Council may direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis of the measure, not exceeding five hundred (500) words, showing the effect of the measure on the existing law and the operation of the measure. Elections Code § 9280. Impartial analyses are typically prepared for initiative measures. Accordingly, it is recommended that that City Council direct preparation of such an analysis here. Next, City Council may authorize the Council as a whole, or individual Council Members, to submit ballot arguments against the Initiative. The Elections Code provides that for measures placed on the ballot pursuant to initiative petition, the persons filing the initiative may file a written argument in favor of the ordinance, and the City Council may submit an argument against the ordinance. Elections Code § 9282(a). No argument shall exceed three hundred (300) words in length. Elections Code § 9282(c). If more than one argument is submitted for or against a measure, the City Clerk must select one argument for, and one argument against, based on the priorities set forth in Elections Code section 9287. Finally, the City Council must decide whether to authorize rebuttal arguments for and against the Measure. Elections Code Elections Code § 9285(b). If it does so, the author or a majority of the authors of an argument for or against the Measure may submit a rebuttal argument not exceeding two hundred fifty (250) words, or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. Rebuttal arguments are typically authorized for initiative measures and, accordingly, it is recommended that they be authorized here. Arguments and rebuttals to those arguments, as well as the impartial analysis, are distributed with the sample ballot. The sample ballot need not include the entire text of the Initiative, but the City must make the text available upon request at no cost to the requesting party. 640 III. Conclusion If Council determines to adopt the Initiative, it can do so at the March 31, 2016 meeting or place the adoption of the Initiative on the Council April 5, 2016 Agenda (which is within 10 days of its receipt of the 9212 Report). However, if the Council wishes to place the Initiative on the ballot it should: 1. Adopt a resolution placing the Initiative on the ballot at the November 8, 2016 election, and requesting consolidation of the election with the Statewide General Election. (Attachment B to Staff Report). 2. Adopt a resolution providing for ballot arguments for and against the Initiative, determining whether to authorize a City Council Member or the Council as a whole to submit ballot arguments against the Initiative (See, Resolution Section 5), and directing the City Attorney to prepare an impartial analysis. (Attachment C to Staff Report); and 3. Adopt a resolution authorizing rebuttal arguments for and against the Measure. (Attachment D to Staff Report) 641